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HomeMy WebLinkAbout1985-07-16 CC MIN . . AGENDA STILLWATER CITY COUNCIL JULY 16, 1985 6:30 P.M. REGULAR MEETING CALL TO ORDER INVOCATION ROLL CALL APPROVAL Of MINUTES June 25, 1985 July 2, 1985 (Regular & Recessed Meetings) STAFF REPORTS 1. Public Safety 4. Finance Director 7. Fire Chief 2. Public Works 5. Parks & Recreation 8. City Attorney 3. Buildin9 Official 6. Consulting Engineer 9. City Coordinator 10. City Clerk INDIVIDUALS & DELEGATIONS PUBLIC HEARINGS 1. Case No. S93 - John A. Fox, 437 So. Second St. - request Speclal Use Permit for Bed & Breakfast facility. Notice of the Public Hearing was published in the Stillwater Gazette on July 5, 1985. 2. Case No. 594 - R.Michael Collins, 309 W. St. Croix Ave. - request for 10 ft. front yard setback variance for const.ruction of a shed. Mr. Collins asked that his case be rescheduled for the first meeting in September in order to provide more information for his case, and because he will be out of town. 3. Case No. 595 - Grant D. Ranum, 522 W. Rlckory St. - request reductlon of required building separation variance (7 ft.) for construction of garage. Notice of the Public Hearing was published in the Stillwater Gazette on July S, 1985. 4. Case No. S96 - Lawrence Rose, 1321 So. 5th St. - request Special Use Permit for construction of a commercial building. Notice of the Public Hearing was published in the Stillwater Gazette on July 5, 1985. . . 5. Case No. 597 - George & Louise Speers, 1229 3rd Ave. So. - request 5-rt. sideyard setback variance to construct a 3-season porch. Notice of the Public Hearing was published in the Stillwater Gazette on July 5, 1985. PETITIONS, INDIVIDUALS OR DELEGATIONS (Continued) UNFINISHED BUSINESS 1. Second Reading of Ordinance No. 637 - Amending Stillwater City Code, Chap. 30, Subd. 8, Garbage & Rubbish. NEW BUSINESS 1. Directing Payment of Bills. (Resolution No. 7495) 2. Set Public Hearing Dates for the following Planning Cases: Case No. 598 - Dale Fuerstenberg, 919 So. 4th St. - request 15 ft. building separation variance to construct garage. Case No. S99 - Doyle Hubbell, 714 Maple St. - request varlance to change one-family home to duplex. COUNCIL REQUEST ITEMS STAFF REPORTS (Continued) APPLICATIONS (List to be supplied at meeting) COMMUNICATIONS 1. Letter from Paul Cain regarding St. Croix Boat & Packet Co. QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT REGULAR MEETING STILLWATER CITY COUNCIL MINUTES July 16, 1985 6:30 P.M. The meeting was called to order by Mayor Peterson. The Invocation was given by City Clerk Johnson Present: Councilmembers Bodlovick, Junker, Kimble and Mayor Peterson. Councilmember MacDonald Absent: Also Present: City Coordinator Kriesel City Attorney Magnuson Public Safety Director Mawhorter Park & Rec. Director Blekum City Engineer Meister Fire Chief Chial Finance Director Caruso Building Insoector Rylander City Clerk Johnson Sharon Baker, Stillwater Gazette Jeanne Linsley, St. Paul Pioneer Press/Dispatch Press: . Others: Jerry Fontaine, Planning Commission; Mr. & Mrs. John Fox, Al Ranum, Glen Rose, George & Louise Speers, Jim LeTourneau. APPROVAL OF MINUTES: Motion by Councilmember Bodlovick, seconded by Councilmember Junker to approve the Minutes of the Special Meeting of June 2S, 1985; and the Regular and Recessed Meetings of July 2, 1985. (All in favor) STAFF REPORTS 1. Public Safety - No report. Councilmember Bodlovick stated she had received two phone calls regarding younsters pushing rip-rap into the river on July 4th north of the Gazebo. These residents suggested that a sign be posted and that the police be on the lookout for these kinds of incidents. Chief Mawhorter said he would keep a check on it. . 1 City Council Minutes July 16, 1985 . 2. Public Works - Mr. Meister brought Council's attention to the map placed in agenda packets in regard to the 1985 Seal Coat- ing in the City. He also requested authorization to adver- tise for bids for the seal coating. The estimated cost for this project is $41,500.00 and has been budgeted. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to advertise for bids for the 1985 Seal Coating of City streets; and to include the City Hall parking lot with this pro- ject. (All i~ favor) 3. Building Official - Vern Rylander was filling in for Allen Zepper who was unable to be present at this meeting. There was no report. 4. Finance Director - Ms. Caruso stated that Mike Pohlena, Still- water Jaycees, had requested a payment on the LCMR grant in the amount of $2,807.86. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve payment of $2,807.86 for the LCMR grant for the Still- water Jaycees. (All in favor) S. Parks & Recreation - Mr. Blekum reported he had the follow- ing three requests for Permits to Consume: a. Certified Carriers of America at Pioneer Park, July 27; b. Institutional Sales at Pioneer Park, August 4; and c. Knights of Columbus at Pioneer Park, August 17, 1985. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the above mentioned permits to consume for the dates stated. (All in favor)' Mr. Blekum requested authorization to purchase six signs prohibit- ing people letting their dogs deposit feces in the parks. The cost of the signs is $19.95 a piece. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to authorize purchase of the above mentioned signs at $19.95 each. (All in favor) 6. Fire Chief - Chief Chial reported that the problems were re- solved regarding the payment for the new fire truck and re- quested approvel of the bid made by General Safety Equipment . 2 City Council Minutes July 16, 1985 Corporation of North Branch, Mn. Finance Director Caruso explained this item. Motion by Councilmember Junker, seconded by Councilmember Kimble to adopt the appropriate resolution approving the bid of General Safety Equipment Corporation of North Branch, Mn. in the amount of $121,360.00 for the purchase of a new fire truck. (Resolution No. 7496) Ayes -- Councilmembers Bodlovick, Junker, Kimble, and Mayor Peterson . Nays -- None 7. City Attorney - Mr. Magnuson reported on the project for the lmprovement of Orleans St. and that the City has received easements from the Tom Thumb Store, the Erickson Post, Oscar & Violet Kern, Neal & Patricia Skinner, James & Cara Torseth, and Bill & Sharon Pauley. He requested authorization for Mayor and City Clerk to sign these forms. Motion by Councilmember Kimble, seconded by Councilmember Junker to authorize the Mayor and City Clerk to sign the easements pre- sented regarding the improvement of Orleans Street. (All in favor) 8. City Clerk - Ms. Johnson brought Council's attention to the cancellatIon of Case No. 598, Tim Klenk, request for var- iance, at applicant's request. 9. City Coordinator - Mr. Kriesel presented a letter requesting adjustment on a sewer bill at 927 No. Owens. The resident had a lea~1 toilet which resulted in a substantial flow. Mr. Kriesel's r~commendation is to establish a minimum charge after the second quarter of 1985 for this party. Motion by Councilmember Bodlovick, seconded by Councilmember Junker to red~ce the sewer charge to a mi~imum of $36.00 for the residence at 927 No. Owens St. due to a leaky toilet. Mr. Kriesel announced that the deadline for receiving the Ice Arena Manager's applications will end on July 22, 1985 and asked to establish an interview procedure. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to appoint Dick 8lekum, Nile Kriesel, Brad MacDonald and one person to be named from the Recreation Commission to sit . 3 . City Council Minutes July 16, 1985 as an Interview Board for the Ice Arena Manager position. (All in favor) Mr. Kriesel initiated a discussion of food stands on Main Street during Lumberjack Days. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to authorize Stillwater merchants to sell food on the side- walk during Lumberjack Days, but not to put picnic tables or over- flow into the street. (All in favor) Councilmember Kimble asked if parking was eliminated on Main Street on the east side of the street. It was stated that parking has been eliminated for both sides of the street dur- ing Lumberjack Days. Mr. Kriesel stated there is an item on the bills for Council approval this evening, that being payment for tuckpointing at the Library, and requested that be held until all the work is completed per the insurance company's request. Council concurred. PUBLIC HEARINGS . 1. This is the day and time for the public hearing on Case No. 593, John A. Fox, 437 So. Second St., request for Special Use Permit for Bed and Breakfast. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on July 5, 1985. Mr. and Mrs. Fox were present to explain that they would like to purchase the house located at 437 So. Second St., pre- sently owned by John Condon, contingent on Council approval for a Bed & Breakfast facility starting with five rooms. They would make a minimum amount of alternations inside the house, none to the outside. Council questioned the plans for the future such as adding three more rooms on the third floor. Mr. Fontaine, of the Planning Commission, said the Commission suggested that this be strictly a Bed and Breakfast facility. The Commission also felt that perhaps the City should think about limiting the number of Bed and Breakfasts in the City. Council suggested this be put on the Planning Commission Agenda for the next meeting. Mayor Peterson referred to Mr. Zepper's memo wherein he re- ferred to the audio visual equipment available for the living . 4 . City Counci, Minutes July 16, 1985 room. The Foxes stated this would be used for business meet- ings and the like. Mr. Fox asked for clarification of two items, according to City zoning laws and State of Minnesota laws - if you have five rooms, you are a boarding house and don't have to do anything and if you have more than five rooms, you are a hotel and then you have to have a sprinkler system, fireproof walls, etc. . Councilmember Junker asked where the hardship exists in re- gard to this case. After some discussion, City Attorney Magnuson stated that Special Use Permits are given by the City when something is expressly permitted by the zoning ordi- nance with such a permit Jnd no hardship has to be shown. Fire Chief Chial stated he has looked at the proposal and 8 units would bring it into the State Code as a hotel. Mr. Rylander felt a hotel would be impossible. Councilmember Bodlovick suggested the Public Hearing be con- tinued until Mr. Zepper can attend and more information be obtained from the Planning Commission. City Attorney Magnuson stated that perhaps Bed & Breakfasts cannot be limited as drive-ins or corner grocery stores would not be limited, unless some safety or health hazard is in- volved. The Planning Commimssion and Council should look at the zoning ordinance, because Bed and Breakfasts are not de- lineated in this ordinance. City Coordinator Kriesel stated that if the Council grants the permit, they should identify the conditions they may want to attach to it. Mayor Peterson closed the Public Hearing. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the Special Use Permit for Case No. 593, John Fox, 437 So. Second St., to ?perate a Bed & Breakfast facil- ity with the following conditions: (All in favor) 1. The permittee shall comply with all health rules and regulations of the State of Minnesota and the City of Stillwater. 2. That a maximum of five (S) bedrooms be used for guests of the facility. . 5 . City Council Minutes July 16, 1985 4. 5. 6. 7. 8. 9. 10. . 11. 12. 3. That no children under twelve (12) years of age be allowed as guests unless accompanied by parent or guardian. That no pets be allowed at the facility. That no liquor be sold or consumed by guests on the premises. That breakfast be served only to paying guests of the Inn. That no other uses or functions such as wedding recep- tions and business meetings will be permitted. That on-site parking spaces will be provided. That no additional exterior lights will be added without prior approval of the City Council. That an identification sign of the size and type approved by the City and permitted by the City Ordinances will be provided. That the Special Use Permit shall be reviewed annually and shall not be transferable to another firm or person. That either a member of the Fox family or a comparable person will be on site at all times when facility is in use as a Bed and Breakfast facility for the purpose of managing the facility. Considerable discussion ensued regarding the City Building Code, the State Fire Code and the number of rooms and guests allowed. 2. Case No. S94 - R. Michael Collins, 3090 W. St. Croix Ave. - request for 10 ft. front yard setback variance for construc- tion of a shed. Mr. Collins requested that his case be re- scheduled for the first meeting in September in order to pro- vide more information for his case, and because he will be out of town. Motion by Councilmember Kimble, seconded by Councilmember Junker to reschedule Case No. 594, R. Michael Collins request for vari- ance to September 3, 1985. (All in favor) . 6 . . . City Council Minutes July 16, 1985 3. This i~ the day and time for the public hearing on Case No. 59S, Grant D. Ranum, 522 W. Hickory St., request for reduc- tion of required building separation variance (7 ft.) for construction of a garage. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on July 5, 1985. Mr. Al Ranum was prese~t to speak for his son who was working and explained that the purpose of the variance was to tear down an old garage, to build a new one and to move it easter- ly to within four ft. of the line. The northeast corner of the lot is unusable for any purpose. Mr. Fontaine stated the Planning Commission approved this request with the stipula- tion that the appropriate firewall be added. Mayor Peterson closed the Public Hearing. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the request of Grant D. Ranum, Case No. S95, for a 7 ft. building separation for construction of garage with the appropriate firewall on the easterly side. (All in favor) 4. This is the day and time for the public hearing on Case No. 596, Lawrence Rose, 1321 So. Sth St., request for Special Use Permit for construction of a commercial building. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on July S, 1985. Mr. Glen Rose was present to represent his son and stated the request is to add an additional greenhouse in line with the ones presently situated on the property. The Planning Commis- sion requested Fire Dept. approval of the material used for construction of the building which was accomplished. The building would not be used for sales. Mayor Peterson closed the Public Hearing. Motion by Councilmember Kimble, seconded by Councilmember Junker to approve the request of c3wrence Rose, Case No. 596, for a Spe- cial Use Permit in order to construct an additional greenhouse on his property. (All in favor) 5. This is the day and time for the public hearing on Case No. S97, George & Louise Speers, 1229 3rd Ave. So., request for 5 ft. sideyard setback variance to construct a 3-season porch. 7 . . . City Council Minutes July 16, 1985 Notice of the Public Hearing was published in the Stillwater Gazette on July 5, 1985. Mr. Speers explained that he wished to add a 3-season porch along with a garage addition (which variance request was ap- proved previously) and needed a 5 ft. sideyard setback var- iance. The current deck would be removed. Mr. Fontaine stated the Planning Commission approved this request with one dissenting vote. One member of the Commission questioned whether this variance would be granted if it were all in one request. The Commission also stated the width of the yard does create a hardship for building. The dimension of the porch was changed from 30 ft. to 20 ft. Mayor Peterson closed the Public Hearing. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the request of George & Louise Speers, 1229 3rd Ave. So. for a 5 ft. s:deyard setback variance for construc- tion of a 3-season porch. (All in favor) Councilmember Kimble stated that when the previous variance was approved, the Speers sent thank-you notes to Council and considered this a rare treat. UMFINISHED BUSINESS 1. Second Reading of Ordinance No. 637 - Amending Stillwater City Code, Chap. 30, Subd. 8, Garbage & Rubbish. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to have a second reading of Ordinance No. 637, "Amending Stillwater City Code, Garbage and Rubbish, Chapter 30, Subdivision 8" by the City Attorney. (All in favor) The Ordinance was read section by section, followed by roll call after each section and all members of the Council voted in the affirmative. The Chair then put the ~"estion, "Shall this Ordinance pass?" and on roll call the Ordinance was unanimously adopted. NEW BUSINESS 1. Directing Payment of Bills Motion by Councilmember Bodlovick, seconded by Councilmember Junker to adopt the appropriate resolution Directing the Payment of Bills with the elimination of payment at this time to Central 8 . City Council Minutes July 16, 1985 National Insurance Co. for the tuckpointing improvement at the Library, and the addition of the Lawcon Grant to the Stillwater Jaycees in the amount of $2,807.86. (Resolution No. 7495) Ayes -- Councilmembers Bodlovick, Junker, Kimble, and Mayor Peterson Nays -- None 2. Set Public Hearing Date for Planning Cases - Motion by Councilmember Junker, seconded by Councilmernber Kimble to set the public hearing date of August 6, 1985 for Case No. S99, Doyle Hubbell, 714 Maple St., request for 15 ft. building separation variance to construct a garage. (All in favor) COUNCIL REQUEST ITEMS . Councilmember Kimble stated he had received a bulletin letter from the Association of Metropolitan Municipalities requesting committee members for various committees. Council discussion followed and the consensus was that even though this would be an educational experience, time did not permit membership on these committees at present. APPLICATIONS Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the following Contractor's licenses: (All in favor) E.D.S. Company 360 Larpenteur Avenue St. Paul, MN 5S113 J.M.S. Builders 790 E. Seventh Street St. Paul, MN 55106 Nordquist Sign Company 312 West Lake Street Minneapolis, MN 55408 Schilling Construction Box 284D, Route #2 Somerset, Wisconsin Gen. Contractor New Gen. Contractor New Sign Erection Renewal Gen. Contractor Renewal . 9 . . . City Council Minutes July 16, 1985 TAC Construction 9280 - S5th Street Lake Elmo, MN S5042 Gen. Contractor New Tobin Construction P.O. Box 10691 White Bear Lake, MN 55110 Gen. Contractor New Total Construction 6854 Grenwich Lane N. Oakdale, MN S5109 STAFF REPORTS (Continued) Gen. Contractor New Mr. Kriesel stated the American Ass'n. of University Women have requested a banner be put up on Main St. during their antique show. Motion by Councilmember Junker, seconded by Councilmember to ap- prove the placing of the banner of the American Ass'n. of University Women on Main St. during their antique show, and authorizing Staff to request permission from the State of Minnesota. (All in favor) Mr. James LeTourneau, Yellow Taxicab Co., was present to request an exclusive taxi stand. Mr. Kriesel explained that the ordi- nance does allow the taxi company to request an exclusive cab stand and recommende~ the City Council designate a certain spot for each taxi compan:'. Mr. LeTourneau has requested a stand kiddy-corner from Hooley's Supermarket. Mr. Kriesel stated Mr. Ritzer has been informed by letter that he no longer has an exclu- sive taxi stand at that spot. After di~cussion the Council passed the following motion: Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve an exclusive cab stand kiddy-corner from Hooley's Supermarket for Mr. LeTourneau's Yellow Taxi Service; and another stand be allowed for Mr. Ritzer's Taxi Service at the same or another location at his request. (All in favor) Mr. LeTourneau stated he has a problem at present with his cab service. His drivers have quit because of the competition from Mr. Ritzer. He stated he came into the City in good faith when the City did not have a service and Mr. Ritzer reappeared. He had numerous complaints about Mr. Ritzer's service -- he is oper- ating illegally, advertising a flat rate, does not have meters, etc. 10 City Council Minutes July 16, 1985 Council discussion followed regarding flat rates, meters, and inspection of cabs. Council stated cabs should be checked to see that there is a meter in every cab and rates are posted. Mr. Kriesel stated he will contact the Police Chief and the cabs will be inspected by the enG of the week. Council dir!!ct.ed that if a cab does not have a meter with rates posted, they will be issued a citation. COMMUN ICATIONS A letter was received from Mr. Paul Cain, 1721 Nokomis Ct., Minneapolis, expressing dissatisfaction with the operation of the Andiamo. Mayor Peterson replied to this letter, pointing out an error of Mr. Cain's and explaining the operation of the Andiamo. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Kimble to adjourn the meeting at 8:16 P.M. (All in favor) Resolutions: . No. 749S - Directing Payment of Bills No. 7495 - Accepting Bid for Fire Truck ATTEST: z:, ~ !tl;..~ , MAYOR -' ~~~~ . 11 \ r r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES July 16, 1985 6:30 P.M. The meeting was called to order by Mayor Peterson. The Invocation was given by City Clerk Johnson Present: Councilmembers 80dlovick, Junker, Kimble and Mayor Peterson. Councilmember MacDonald Absent: Also Present: City Coordinator Kriesel City Attorney Magnuson Public Safety Director Mawhorter Park & Rec. Director Blekum City Engineer Meister Fire Chief Chial Finance Director Caruso Building Inspector Rylander City Clerk Johnson Press: Sharon Baker, Stillwater Gazette Jeanne Linsley, St.Paul Pioneer Press/Dispatch Others: Jerry Fontaine, Planning Commission; Mr. & Mrs. John Fox, Al Ranum, Glen Rose, George & Louise Speers, Jim LeTourneau. APPROVAL OF MINUTES: Motion by Councilmember Bodlovick, seconded by Councilmember Junker to approve the Minutes of the Special Meeting of June 25, 1985; and the Regular and Recessed Meetings of July 2, 1985. (All in favor) STAFF REPORTS 1. Public Safety - No report. Councilmember Bodlovick stated she had received two phone calls regarding younsters pushing rip-rap into the river on July 4th north of the Gazebo. These residents suggested that a sign be posted and that the police be on the lookout for these kinds of incidents. Chief Mawhorter said he would keep a check on it. 1 r City Council Minutes July 16, 1985 2. Public Works - Mr. Meister brought Council's attention to the map placed in agenda packets in regard to the 1985 Seal Coat- ing in the City. He also requested authorization to adver- tise for bids for the seal coating. The estimated cost for this project is $41,500.00 and has been budgeted. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to advertise for bids for the 1985 Seal Coating of City streets; and to include the City Hall parking lot with this pro- ject. (All in favor) r" 3. Building Official - Vern Rylander was filling in for Allen Zepper who was unable to be present at this meeting. There was no report. 4. Finance Director - Ms. Caruso stated that Mike Pohlena, Still- water Jaycees, had requested a payment on the LCMR grant in the amount of $2,807.86. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve payment of $2,807.86 for the LCMR grant for the Still- water Jaycees. (All in favor) 5. Parks & Recreation - Mr. Blekum reported he had the follow- ing three requests for Permits to Consume: a. Certified Carriers of America at Pioneer Park, July 27; b. Institutional Sales at Pioneer Park, August 4; and c. Knights of Columbus at Pioneer Park, August 17, 1985. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the above mentioned permits to consume for the dates stated. (All in favor) Mr. Blekum requested authorization to purchase six signs prohibit- ing people letting their dogs deposit feces in the parks. The cost of the signs is $19,95 a piece. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to authorize purchase of the above mentioned signs at $19.95 each. (All in favor) 6. Fire Chief - Chief Chial reported that the problems were re- solved regarding the payment for the new fire truck and re- quested approvel of the bid made by General Safety Equipment (' 2 r City Council Minutes July 16, 1985 Corporation of North Branch, Mn. Finance Director Caruso explained this item. Motion by Counci1member Junker, seconded by Counci1member Kimble to adopt the appropriate resolution approving the bid of General Safety Equipment Corporation of North Branch, Mn. in the amount of $121,360.00 for the purchase of a new fire truck. (Resolution No. 7496) Ayes -- Councilmembers Bodlovick, Junker, Kimble, and Mayor Peterson Nays -- None (' 7. City Attorney - Mr. Magnuson reported on the project for the improvement of Orleans St. and that the City has received easements from the Tom Thumb Store, the Erickson Post, Oscar & Violet Kern, Neal & Patricia Skinner, James & Cara Torseth, and Bill & Sharon Pauley. He requested authorization for Mayor and City Clerk to sign these forms, Motion by Counci1member Kimble, seconded by Counci1member Junker to authorize the Mayor and City Clerk to sign the easements pre- sented regarding the improvement of Orleans Street. (All in favor) 8. City Clerk - Ms. Johnson brought Council's attention to the cancellation of Case No. 598, Tim Klenk, request for var- iance, at applicant's request. 9. City Coordinator - Mr. Kriesel presented a letter requesting adjustment on a sewer bill at 927 No. Owens. The resident had a leaky toilet which resulted in a substantial flow. Mr. Kriesel's recommendation is to establish a minimum charge after the second quarter of 1985 for this party. Motion by Councilmember Bodlovick, seconded by Councilmember Junker to reduce the sewer charge to a minimum of $36.00 for the residence at 927 No. Owens St. due to a leaky toilet. Mr. Kriesel announced that the deadline for receiving the Ice Arena Manager's applications will end on July 22, 1985 and asked to establish an interview procedure. Motion by Counci1member Kimble, seconded by Counci1member Bod10vick to appoint Dick B1ekum, Nile Kriesel, Brad MacDonald and one person to be named from the Recreation Commission to sit r 3 r City Council Minutes July 16, 1985 as an Interview Board for the Ice Arena Manager position. (All in favor) Mr. Kriesel initiated a discussion of food stands on Main Street during Lumberjack Days. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to authorize Stillwater merchants to sell food on the side- walk during Lumberjack Days, but not to put picnic tables or over- flow into the street. (All in favor) Councilmember Kimble asked if parking was eliminated on Main Street on the east side of the street. It was stated that parking has been eliminated for both sides of the street dur- ing Lumberjack Days. Mr. Kriesel stated there is an item on the bills for Council approval this evening, that being payment for tuckpointing at the Library, and requested that be held until all the work is completed per the insurance company's request. Council concurred. r PUBLIC HEARINGS 1. This is the day and time for the public hearing on Case No. 593, John A. Fox, 437 So. Second St., request for Special Use Permit for Bed and Breakfast. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on July 5, 1985. Mr. and Mrs. Fox were present to explain that they would like to purchase the house located at 437 So. Second St., pre- sently owned by John Condon, contingent on Council approval for a Bed & Breakfast facility starting with five rooms. They would make a minimum amount of alternations inside the house, none to the outside. Council questioned the plans for the future such as adding three more rooms on the third floor. Mr. Fontaine, of the Planning Commission, said the Commission suggested that this be strictly a Bed and Breakfast facility. The Commission also felt that perhaps the City should think about limiting the number of Bed and Breakfasts in the City. Council suggested this be put on the Planning Commission Agenda for the next meeting. Mayor Peterson referred to Mr. Zepper's memo wherein he re- ferred to the audio visual equipment available for the living r 4 City Council Minutes r July 16, 1985 room. The Foxes stated this would be used for business meet- ings and the like. Mr. Fox asked for clarification of two items, according to City zoning laws and State of Minnesota laws - if you have five rooms, you are a boarding house and don't have to do anything and if you have more than five rooms, you are a hotel and then you have to have a sprinkler system, fireproof walls, etc. r Councilmember Junker asked where the hardship exists in re- gard to this case. After some discussion, City Attorney Magnuson stated that Special Use Permits are given by the City when something is expressly permitted by the zoning ordi- nance with such a permit and no hardship has to be shown. Fire Chief Chial stated he has looked at the proposal and 8 units would bring it into the State Code as a hotel. Mr. Rylander felt a hotel would be impossible. Councilmember Bodlovick suggested the Public Hearing be con- tinued until Mr. Zepper can attend and more information be obtained from the Planning Commission. City Attorney Magnuson stated that perhaps Bed & Breakfasts cannot be limited as drive-ins or corner grocery stores would not be limited, unless some safety or health hazard is in- volved. The Planning Commimssion and Council should look at the zoning ordinance, because Bed and Breakfasts are not de- lineated in this ordinance. City Coordinator Kriesel stated that if the Council grants the permit, they should identify the conditions they may want to attach to it. Mayor Peterson closed the Public Hearing. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the Special Use Permit for Case No. 593, John Fox, 437 So. Second St., to operate a Bed & Breakfast facil- ity with the following conditions: (All in favor) 1. The permittee shall comply with all health rules and regulations of the State of Minnesota and the City of Stillwater. 2. That a maximum of five (5) bedrooms be used for guests of the faci lity. r 5 r City Council Minutes July 16, 1985 3. That no children under twelve (12) years of age be allowed as guests unless accompanied by parent or guardian. That no pets be allowed at the facility. That no liquor be sold or consumed by guests on the premises. 4. 5. 6. 7. 8. 9. 10. r 11. 12. That breakfast be served only to paying guests of the Inn. That no other uses or functions such as wedding recep- tions and business meetings will be permitted. That on-site parking spaces will be provided. That no additional exterior lights will be added without prior approval of the City Council. That an identification sign of the size and type approved by the City and permitted by the City Ordinances will be provided. That the Special Use Permit shall be reviewed annually and shall not be transferable to another firm or person. That either a member of the Fox family or a comparable person will be on site at all times when facility is in use as a 8ed and Breakfast facility for the purpose of managing the facility. Considerable discussion ensued regarding the City Building Code, the State Fire Code and the number of rooms and guests allowed. 2. Case No. 594 - R. Michael Collins, 3090 W. St. Croix Ave. - request for 10 ft. front yard setback variance for construc- tion of a shed. Mr. Collins requested that his case be re- scheduled for the first meeting in September in order to pro- vide more information for his case, and because he will be out of town. Motion by Councilmember Kimble, seconded by Councilmember Junker to reschedule Case No. 594, R. Michael Collins request for vari- ance to September 3, 1985. (All in favor) r 6 r r r City Council Minutes July 16, 1985 3. This is the day and time for the public hearing on Case No. 595, Grant D. Ranum, 522 W. Hickory St., request for reduc- tion of required building separation variance (7 ft.) for construction of a 9arage. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on July 5, 1985. Mr. Al Ranum was present to speak for his son who was working and explained that the purpose of the variance was to tear down an old garage, to build a new one and to move it easter- ly to within four ft. of the line. The northeast corner of the lot is unusable for any purpose. Mr. Fontaine stated the Planning Commission approved this request with the stipula- tion that the appropriate firewall be added. Mayor Peterson closed the Public Hearing. Motion by Councilmember Kimble, seconded by Councilmember 80dlovick to approve the request of Grant D. Ranum, Case No. 595, for a 7 ft. building separation for construction of garage with the appropriate firewall on the easterly side. (All in favor) 4. This is the day and time for the public hearing on Case No. 596, Lawrence Rose, 1321 So. 5th St., request for Special Use Permit for construction of a commercial building. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on July 5, 1985. Mr. Glen Rose was present to represent his son and stated the request is to add an additional greenhouse in line with the ones presently situated on the property. The Planning Commis- sion requested Fire Dept. approval of the material used for construction of the building which was accomplished. The building would not be used for sales. Mayor Peterson closed the Public Hearing. Motion by Councilmember Kimble, seconded by Councilmember Junker to approve the request of Lawrence Rose, Case No. 596, for a Spe- cial Use Permit in order to construct an additional greenhouse on his property. (All in favor) 5. This is the day and time for the public hearing on Case No. 597, George & Louise Speers, 1229 3rd Ave. So., request for 5 ft. sideyard setback variance to construct a 3-season porch. 7 City Council Minutes r July 16, 1985 Notice of the Public Hearing was published in the Stillwater Gazette on July 5, 1985. Mr. Speers explained that he wished to add a 3-season porch along with a garage addition (which variance request was ap- proved previously) and needed a 5 ft. sideyard setback var- iance. The current deck would be removed. Mr. Fontaine stated the Planning Commission approved this request with one dissenting vote. One member of the Commission questioned whether this variance would be granted if it were all in one request. The Commission also stated the width of the yard does create a hardship for building. The dimension of the porch was changed from 30 ft. to 20 ft. Mayor Peterson clo~ed the Public Hearing. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the request of George & Louise Speers, 1229 3rd Ave. So. for a 5 ft. sideyard setback variance for construc- tion of a 3-season porch. (All in favor) Councilmember Kimble stated that when the previous variance was approved, the Speers sent thank-you notes to Council and considered this a rare treat. r UNFINISHED BUSINESS 1. Second Reading of Ordinance No. 637 - Amending Stillwater City Code, Chap. 30, Subd. 8, Garbage & Rubbish. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to have a second reading of Ordinance No. 637, "Amending Stillwater City Code, Garbage and Rubbish, Chapter 30, Subdivision 8" by the City Attorney. (All in favor) The Ordinance was read section by section, followed by roll call after each section and all members of the Council voted in the affirmative. The Chair then put the question, "Shall this Ordinance pass?" and on roll call the Ordinance was unanimously adopted. NEW BUSINESS 1. Directing Payment of Bills Motion by Councilmember Bodlovick, seconded by Councilmember Junker to adopt the appropriate resolution Directing the Payment of Bills with the elimination of payment at this time to Central (' 8 t City Council Minutes July 16, 1985 National Insurance Co. for the tuckpointing improvement at the Library, and the addition of the Lawcon Grant to the Stillwater Jaycees in the amount of $2,807.86. (Resolution No. 7495) Ayes -- Councilmembers Bodlovick, Junker, Kimble, and Mayor Peterson Nays -- None 2. Set Public Hearing Date for Planning Cases - Motion by Councilmember Junker, seconded by Councilmember Kimble to set the public hearing date of August 6, 1985 for Case No. 599, Doyle Hubbell, 714 Maple St., request for 15 ft. building separation variance to construct a garage. (All in favor) COUNCIL REQUEST ITEMS Councilmember Kimble stated he had received a bulletin letter from the Association of Metropolitan Municipalities requesting committee members for various committees. Council discussion followed and the consensus was that even though this would be an educational experience, time did not permit membership on these t committees at present. APPLICATIONS Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the following Contractor's licenses: (All in favor) E.D.S. Company 360 Larpenteur Avenue St. Paul, MN 55113 J.M.S. Builders 790 E. Seventh Street St. Paul, MN 55106 Nordquist Sign Company 312 West Lake Street Minneapolis, MN 55408 Schilling Construction Box 284D, Route #2 Somerset, Wisconsin Gen. Contractor New Gen. Contractor New Sign Erection Renewal Gen. Contractor Renewal r 9 r r r City Council Minutes July 16, 1985 TAC Construction 9280 - 55th Street Lake Elmo, MN 55042 Gen. Contractor New Tobin Construction P.O. Box 10691 White Bear Lake, MN 55110 Gen. Contractor New Total Construction 6854 Grenwich Lane N. Oakdale, MN 55109 STAFF REPORTS (Continued) Gen. Contractor New Mr. Kriesel stated the American Ass'n. of University Women have requested a banner be put up on Main St. during their antique show. Motion by Councilmember Junker, seconded by Councilmember to ap- prove the placing of the banner of the American Ass'n. of University Women on Main St. during their antique show, and authorizing Staff to request permission from the State of Minnesota. (All in favor) Mr. James LeTourneau, Yellow Taxicab Co., was present to request an exclusive taxi stand. Mr. Kriesel explained that the ordi- nance does allow the taxi company to request an exclusive cab stand and recommended the City Council designate a certain spot for each taxi company. Mr. LeTourneau has requested a stand kiddy-corner from Hooley's Supermarket. Mr. Kriesel stated Mr. Ritzer has been informed by letter that he no longer has an exclu- sive taxi stand at that spot. After discussion the Council passed the following motion: Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve an exclusive cab stand kiddy-corner from Hooley's Supermarket for Mr. LeTourneau's Yellow Taxi Service; and another stand be allowed for Mr. Ritzer's Taxi Service at the same or another location at his request. (All in favor) Mr. LeTourneau stated he has a problem at present with his cab service, His drivers have quit because of the competition from Mr. Ritzer. He stated he came into the City in good faith when the City did not have a service and Mr. Ritzer reappeared. He had numerous complaints about Mr. Ritzer's service -- he is oper- ating illegally, advertising a flat rate, does not have meters, etc. 10 City Council Minutes r July 16, 1985 Council discussion followed regarding flat rates, meters, and inspection of cabs. Council stated cabs should be checked to see that there is a meter in every cab and rates are posted. Mr. Kriesel stated he will contact the Police Chief and the cabs will be inspected by the end of the week. Council directed that if a cab does not have a meter with rates posted, they will be issued a citation. COMMUNICATIONS A letter was received from Mr. Paul Cain, 1721 Nokomis Ct., Minneapolis, expressing dissatisfaction with the operation of the Andiamo. Mayor Peterson replied to this letter, pointing out an error of Mr. Cain's and explaining the operation of the Andiamo. AOJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Kimble to adjourn the meeting at 8:16 P.M. (All in favor) Resolutions: r No. 7495 - Directing Payment of Bills No. 7496 - Accepting Bid for Fire Truck ATTEST: .4 iZ I2~J_ . '" MAYOR - ~~~ {' 11