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HomeMy WebLinkAbout1985-09-03 CC MIN . AGENDA STILLWATER CITY COUNCIL SEPTEMBER 3, 1985 Regular Meeting Recessed Meeting 4:30 P.M. 7:30 P.M. 4:30 P.M. AGENDA PETITIONS OF INDIVIDUALS OR DELEGATIONS STAFF REPORTS 1. Public Safety 2. Public Works 4. Finance Director 7. Fire Chief 5. Parks & Recreation 8. City Attorney 3. Building Official 6. Consulting Engineer 9. City Coordinator 10. City Clerk 7:30 P.M. AGENDA CALL TO ORDER 4It INVOCATION ROLL CALL APPROVAL OF MINUTES August 20, 1985 - Regular Meeting 6:30 P.M. INDiVIDUALS & DELEGATIONS PUBLIC HEARINGS 1. Modification of Tax Increment Financing Oistrict. - Notice of the Public Hearing was published in the Stillwater Gazette on August 23, 1985. 2. Street Vacation - West 20 ft. of No"th Lake Street. Notice of the Public Hearing was published in the Stillwater Gazette on August 23, 1985. 3. Case No. 594 - R. Michael Collins, 309 W. St. Croix Ave. - request for 10 ft. front yard setback variance to construct shed. Notice of the Public Hearing was published in the Stillwater Gazette on August 23, 19B5. . . . . 4. Case No. 600 - Greg Johnson, 321 W. Elm St. - request Minor Subdivision to split property. Notice of the Public Hearing was published in the Stillwater Gazette on August 23, 1985. 5. Case No. 601 - Joseph Monheim, 1004 No. Fourth St. - request Minor Subdivision and 255 sq. ft. area variance to construct duplex. Notice of the Public Hearing was published in the Stillwater Gazette on August 23, 1985. 6. Case No. 602 - Thomas Lindeen, 2467 Hidden Valley Lane - request variance to construct swimming pool within 3 ft. of lot line and erect fence on three lot lines. Notice of the Public Hearing was published in the Stillwater Gazette on August 23, 1985. 7. Case No. 603 - Stillwater Yacht Club, 422 E. Mulberry St. - request for Special Use Permit & Variance, CANCELLED. 8. Case No. 604 - Darlene Liberty, 210 No. Martha St. - request variance to construct garage on property line. Notice of the Public Hearing was published in the Stillwater Gazette on August 23, 1985. 9. Case No. 605 - Washington Federal Savings Bank, 200 E. Chestnut St. - request for Special Use Permit to construct addition to building. Notice of the Public Hearing was published in the Stillwater Gazette on August 23, 1985. PETITIONS, INDIVIDUALS OR DELEGATIONS (continued) UNFINISHED BUSINESS NEW BUSINESS 1. Directing Payment of Bills; Resolution No. 7502 - (List to be supplied at meeting) 2. Application for Waiver of Garbage & Rubbish Collection Charge, Code No. 50-175. 3. First reading of Ordinance No. 638, Extending Corporate Limits of City. INDIVIDUALS & DELEGATIONS (continued) COUNCIL REQUEST ITEMS STAFF REPORTS (continued) APPLICATIONS (List to be supplied at meeting) COMMUNICATIONS 1. Terry O'Brien letter regarding Mike McGuire's proposed restaurant. 2. Eddie Oaks letter regarding sewer bill. 3. Youth Service Bureau request for funding assistance. QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT . . . . . REGULAR MEETING STILLWATER CITY COUNCIL MINUTES September 3, 1985 4:30 P.M. The meeting was called to order by Mayor Peterson. Present: Councilmembers Bodlovick, Junker, Kimble and Mayor Peterson. Councilmember MacDonald Absent: Also Present: City Coordinator Kriesel City Attorney Magnuson Public Safety Director Mawhorter Director of Parks & Recreation Blekum Building Official Zepper Finance Director Caruso City Clerk Johnson Emily Chapman, Stillwater Gazette Press: Others: None PETITIONS OF INDIVIDUALS OR DELEGATIONS - None STAFF REPOFTS: 1. Public Safety - Chief Mawhorter reported that Diana Nelson, Part-time police officer, has resigned, effective immediately. He stated he will not fill this position in the immediate future. 2. Building Official - Mr. Zepper gave a brief report of his trip to China and Russia. 3. Finance Director - No report. 4. Parks and Recreation - Mr. 81ekum reported that $5,300 is left in the Margaret Rivers Fund for the Mini Park. Council discussed the parking lot leased to the Lowell Inn and the possibility of paving this lot. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick, to contact Mr. Palmer to discuss the cancellation of the lease with the Lowell Inn regarding the parking lot; and to find out how many parking places can be accommodated in this lot. (All in favor) Mr. Blekum made a request to send the new Ice Arena Manager to the Minnesota Ice Are~~ Manager's Association Fall Conference at Rutger's Bay Lake Lodge. 1 . Regular City Council Minutes September 3, 1985 Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve attendance of Robert Bielenberg at the Ice Arena Manager's Fall Conference on Septeruber 18, 19 and 20 at a cost of SI75.00. (All in favor) 5. Cit~ Attorney - Mr. ~agnuson stated that in regard to a first reading of Ordlnance No. 638 at the evening meeting, that this ordinance concerns the annexation of a small piece of property surrounded by the City of Stillwater; and was brought to the City's attention by the County Surveyor. 6. City Clerk - No report 7. City Coordinator - Mr. Kriesel stated the Council should set assessment hearing dates for three projects; L.I. 218 (Orleans St.), L.I. 219 (street overlay project, Croixwood Blvd.), and L.I. 226 (Wildwood Pines Third Addition). Motion by Councilmember Bodlovick, seconded by Councilmember Junker to adopt the appropriate resolutions setting October 1, 1985 as the assessment hearing date for L.I. 218, L.I. 219, and L.I. 226. (Resolution No. 7504, 7505, & 7506). . Ayes -- Councilmembers Bodlovick, Junker, Kimble, and Mayor Peterson. Nays -- None Mr. Kriesel asked Council advice in processing applications received for the positions of Public Works Director and Building Maintenance Worker. Council directed that copies be made of the Public Works Director applications for each Councilmember and they will narrow the number to six or eight applicants who will then be interviewed. Council will return their suggested applications by September 13, 1985. Councilmembers Bodlovick and Kimble, and City Coordinator Kriesel will review the applications for the Building Maintenance Worker. Mr. Kriesel reminded Council of the Special Workshop Meeting which will be held tomorrow evening at 6:00 P.M., Wednesday, September 4, 1985 with the Library Board and to discuss the budget. Mr. Kriesel stated that Eileen Barr from the State Planning Agency has contacted the City in regard to precinct boundaries and bri~ging them into compliance with the law. These boundaries have to be clearly recognizable features. Ms. Barr is working with the Census Bureau who use these boundaries in collecting their data. City Attorney Magnuson stated the changes have to be made by amending the ordinance (Ordinance No. 597). . 2 . Regular City Council Minutes September 3, 1985 Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to accept the plan presented by City Coordinator Kriesel concerning the change in precinct boundaries; and to make the appropriate change in the ordinance after these changes are accepted by the State Planning Agency. (All in favor) City Coordinator Kriesel reported that the City has received a req~est from UFE, who is involved in the United Way, to hang a United Way banner across Main St. from September 23 to October 23, 1985. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to authorize the display of a United Way Banner across Main St. from September 23 to October 23, 1985. (All in favor) Mr. Kriesel asked Council advice on the disposal of the excess gravel salvaged after the seal coating of streets. Council directed that it be stored at the dumpsite and sold to residents who wish to buy it. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Bodlovick to recess the meeting to 7:30 P.M. (All in favor) . Resol utions: No. 7504 - Public Hearing Date for L.I. 218. No. 7505 - Public Hearing Date for L.I. 219. No. 7506 - Public Hearing Date for L. I. 226. ATTEST: U,CI~~~ . 3 . . . RECESSED MEETING STILLWATER CITY COUNCIL MINUTES September 3, 1985 7:30 P.M. The meeting was reconvened by Mayor Peterson. The Invocation was given by City Clerk Johnson. Present: Councilmembers Bodlovick, Junker, Kimble, and Mayor Peterson. Absent: Councilmember MacDonald. Also Present: City Coordinator Kriesel City Attorney Magnuson Building Official Zepper City Clerk Johnson Emily Chapman, Stillwater Gazette Jeanne Landkamer, St. Croix Valley Press Press: Others: Jim Lammers, Dean Miller, Tom O'Brien, Kit Carlson. APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the Minutes of August 20, 1985 as presented. (All in favor) INDIVIDUALS & DELEGATIONS Mayor Peterson introduced Mary Jo Boyle who presented a petition requesting a stop sign be erected at William and Oak Streets because of hazardous traffic. Motion by Councilmember Junker, seconded by Councilmember Kimble to adopt the appropriate resolution to install a stop sign at William and Oak Streets contingent on the approval of the Police Chief. (All in favor) PUBLIC HEARINGS 1. This is the day and time for the public hearing on the Modification of Tax Increment Financing District. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on August 23, 1985. Ms. Kit Carlson, representing Washington County HRA, asked for a postponement of this public hearing to October 1, 1985 in order to completely identify parcels included in this proposal. 1 . Recessed City Council Meeting September 3, 1985 Discussion followed regarding the width of the street and what effect this would have on the neighbors. City Attorney Magnuson stated this is not an uncommon problem in the City of Stillwater and recommended approving this vacation. Mayor Peterson closed the Public Hearing. Councilmember Bodlovick asked Mr. Lammers for clarification of the portion of Schulenberg's Alley which will be dedicated to the City and Mr. Lammers stated most of the neighbors have been contacted in regard to this and are agreeable to the street dedication. Motion by Councilmember Bodlovick, seconded by Councilmember Junker to adopt the appropriate resolution approving the vacation of the west twenty (20) feet of North Lake Street lying immediately adjacent to and between Blocks 53 and 52 in Carli and Schulenburg's Addition to the City of Stillwater. (Resolution No. 7503). Ayes -- Councilmembers Bodlovick, Junker, Kimble, and Mayor Peterson. . Nays -- None 3. This is the day and time for the public hearing on Case No. 594, R. Michael Collins, 309 W.St.Croix Ave., request for 10 ft. front yard setback variance to construct a shed. Notice of the Public Hearing was published in the Stillwater Gazette, the official newspaper of the City, on August 23, 1985. Mr. Mike Collins was present to explain that he would like to construct this shed on his property further toward the street than the ordinance allows, and it will be built into a hill. Mr. Zepper stated his neighbor to the west has voiced opposition in that they are concerned the shed will obstruct their view. Mr. Collins explained that the shed will be constructed so that their view will not be blocked. Dean Miller, of the Planning Commission, reported they denied the variance because they did not feel there was a real hardship. Mr. Collins has supplied more detailed plans since the Planning Commission reviewed the case, and Mr. Miller stated some of points raised tonight were not adequately mentioned at their meeting. Mayor Peterson suggested continuing the public hearing until after the Planning Commission can review these plans again. Motion by Councilmember Bodlovick to continue the Public Hearing to October 1, 1985 until after the Planning Commimssion can review the detailed plans submitted by Mike Collins, Case No. 594, request for 10 ft. variance. . 3 . . . Recessed City Council Meeting September 3, 1985 Mr. Kimble stated these plans clear up the points raised and if it is referred to the Planning Commission again, it will delay his construction plans. Also, Mr. Collins has greatly improved this property. Further discussion followed regarding the height of the shed and the hardship issue. Mayor Peterson called for a second to the motion three times. The motion failed for lack of a second. Mayor Peterson closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Junker to approve the 10 ft. front yard setback variance for R. Michael Collins, 309 W. St. Croix Ave., Case No. 594, in order to construct a shed. (Ayes - 3, Nays - 1; Councilmember Bodlovick voted Nay; Mayor Peterson voted in the affirmative) 4. This is the day and time for the public hearing on Case No. 600, Greg Johnson, 321 W. Elm Street, request for Minor Subdivision to split property. Notice of the hearing was published in the Stillwater Gazette. the official newspaper of the City, on August 23, 1985. Mr. Johnson explained he would like to split the property because he has been unable to sell it in the last year as it now stands. Mr. Zepper stated both lots are legal single-family ho..' lots. Mr. Miller stated the Planning Commission voted to approve this requ~st. Mayor Peterson closed the Public Hearing. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the Minor Subdivision request of Greg Johnson, 321 W. Elm Street, Case No. 600. (Ayes - 3, Abstain - 1) Councilmember Kimble stated he would abstain from voting because he lives kiddy-corner from the property. 5. This is the day and time for the public hearing on Case No. 601, Joseph Monheim, 1004 No. Fourth St., request for Minor Subdivision and 255 sq. ft. area variance in order to construct a duplex. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on August 23, 1985. Mr. M~lheim explained he would like to construct a duplex on the south piece (If property and a single-family home on the north, and the footages involved. Dean Miller reported that the Planning Commission voted to deny 4 . . . Recessed City Council Meeting September 3, 1985 the request because of the lot size. There also was a concern about parking, mainly on Aspen Street. John Stillman, 924 No. Fourth St., stated he faces Mr. Monheim's property and is concerned about the density of families on the block. He would prefer two single-family lots. Dick Mundiger, who lives on the corner of 4th and Wilkins, also opposes this request. He lives kiddy-corner from the lot. He is concerned about the density of the neighborhood and prefers single family lots. Councilmember Kimble asked Mr. Z=pper if this property could rebuild as a three-plex as it was before the fire. Mr. Zepper replied, no -- it has to comply with the new ordinance. Mayor Peterson closed the public hearing. Motion by Councilmember Bodlovick, secondea by Councilmember Kimble to deny the Minor Subdivision and 255 sq. ft. area variance for Joseph Monheim, 1004 No. Fourth St., Case No. 601. (All in favor) Mayor Peterson declared a recess for six minutes and reconvened at 8:48 P.M. 6. This is the day and time for the public hearing on Case No. 602, Thomas Lindeen, 2467 Hidden Valley Lane, request for variance to construct a swimming pool within 3 ft. of lot line and erect fence on three lot lines. Notice of the Public Hearing was published is the Stillwater Gazette, the official newspaper of the City, on August 23, 1985. Mr. Lindeen explained he would like to place his pool at the southerly end of his lot because of approximately IB oak trees which stand between his house and the rear of the property. His neighbcrs do not object to this request. A park is adjacent to his rear property line and only a drainage easement is there. Mr. Zepper stated a 10 ft. variance is required. Mayor Peterson closed the public hearing. Motion by Councilmember Junker, seconded by Cou~cilmember Bodlovick to approve the request of Thomas Lindeen, 2467 Hidden Valley Lane, for a 10 ft. variance to construct a pool and erect a fence on three lot lines. (All in favor) 7. This is the day and time for the public hearing on Case No. 603, Stillwater Yacht Club, 422 E. Mulberry St., request for Special Use Permit and Variance. This case has been cancelled. 5 . Recessed City Council Meeting September 3, 1985 . 8. This is the day and time for the public hearing on Case No. 604, Darlene Liberty, 210 No. Martha St., request for variance to construct garage on property line. Notice of the Public Hearing was published in the Stillwater Gazette, the official newspaper of the City, on August 23, 1985. Ms. Liberty was present to explain she was planning to remove an old garage which is on the property line and construct a new one in the same place. She states the back corner of the garage sits approximately one-half foot off the property line, and the front part is approximately two feet from the property line. The new garage will be slightly shorter than the present one. Gordon Moosebrugger, representing Judy Olson, a nex-door neighbor, brought out the fact that Ms. Liberty had received a bid from Councilmember David C. Junker for the removal of this garage. Mr. Moosebrugger also brought out that the property line has not been surveyed, but the applicant was told where it was by a former owner. Mr. Moosebrugger stated Ms. Olson is concerned for a large tree which is in close proximity to the proposed garage and would like to build a patio in her yard close to where the garage will go in. The present garage has not been well maintained. If the garage is put in this spot, it will deprive Ms. Olson of the full use of the width of her lot. Mr. Moosebrugger presented a petition signed by 10 people in the neighho~hood who are opposed to the new garage. Mr. Les Stepan, 215 N. Martha St., presented pictures regarding the upkeep of the garage and stated the garage looks better than Ms. Olson's house. Ms. Olson stated her house looks to be in disrepair because she is in the process of improving her house. Further discussion involved the property line. Mr. Terry Kane, 218 N. Martha St., also raised some concerns about the property line. Mr. Moosebrugger and Ms. Olson stated that Mr. Junker gave Ms. Liberty assurances that he would vote to approve her request at the public hearing when she sought his bid for removal of the garage. Ms. Liberty and Councilmember Junker denied the allegation. Mr. Miller stated the Planning Commission voted to deny this request because they felt Ms. Liberty could move the garage closer to her patio and shorten the width thereby reducing the size of the variance. Bob Johnson, a neighbor, stated the tree does not look healthy and will probably come down in a couple of years. . 6 . . . Recessed City Council Meeting September 3, 1985 Mayor Peterson sugg'sted that Ms. Liberty move the garage next to patio which wovld leave a 2 and 1/2 ft. strip between the garage and the property line. Mr. Zepper clarified the ordinance in relation to this. Mr. Magnuson stated the ordinance provides that these buildings be permitted in rear yards only and shall maintain a setback of at l~ast three feet from the side and rear. Mr. Moosebrugger stated that his client's opposition to this request is that the purpose of the ordinance be upheld so that she can get the use of the full width of her property. Mayor Peterson stated we are talking about property lines and the parties don't know where they are. He suggested the owner have a survey done. Mayor Peterson closed the public hearing. Councilmember Kimble stated the size of the lot and placement of the home on the lot clearly established the hardship criteria for a variance if the adjacent property did not have a conflict. This conflict creates a question as to whether the hardship is excessive. The neighbor also has a similar hardship. Mr. Kimble also suggested a certificate of survey be obtained. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the variance; the owner to obtain a Certificate of Survey; and that the building must stay three feet from the property line. Councilmember Kimble raised a point of order by asking whether the variance request can be approved by a motion which also changes the variance request. City Attorney Magnuson stated this motion is n~t legally appropriate. Councilmember Bodlovick withdrew her second to the motion. Mayor Peterson called for a second three times. The motion failed. Kimble (Cf- /'7-fc,-) Bodlovick Motion by Councilmember Budlo. ;ck, seconded by Council member Ki",1I1e to follow the Planning Commission recommendation and deny the request of Darlene Liberty for a variance in order to build garage on the property line; also that the Council will be open to a revised request for this variance with a waiver of the variance fee. (Ayes - 3; Nays - 1; Councilmember Junker voted Nay, Mayor P~terson voted Aye) 9. This is the day and time for the public hearing on Case No. 605, Washington Savings Bank, 20C E. Chestnut St., request for Special Use Permit to construct an 11,000 sq. ft. addition to existing bank facilities at Second and Myrtle Street. 7 . . . Recessed City Council Meeting September 3, 1985 Notice of the Public Hearing was published in the Stillwater Gazette, the official newspaper of the City, on August 23, 1985. Mr. Hank Sampson was present to represent Washington Federal Savings Bank. Mr. Miller stated the Planning Commission voted to approve the request. Mayor Peterson closed the Public Hearing. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the request of Washington Federal Savings Bank for a Special Use Permit in order to construct an 11,000 sq. ft. addition to existing bank facilities at 200 E. Chestnut St. (All in favor) NEW BUSINESS 1. Directing Payment of Bills Motion by Councilmember Junker, seconded by Councilmember Kimble to adopt the appropriate resolution directing the payment of bills. (Resolution No. 7502) Ayes -- Councilmembers Bodlovick, Junker, Kimble and Mayor Peterson. Nays -- None 2. Application for Waiver of Garbage & Rubbish Collection Charge Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the application for Waiver of Garbage & Rubbish Collection Charge, Code No. 50-175. (All in favor) 3. First Reading of Ordinance No. 638, Extending Corporate Limits of City. Motion by Councilmember Junker, seconded by Councilmember Kimble to have a first reading of Ordinance No. 638, "Ordinance Extending the Corporate Limits of the City of Stillwater into Certain Unincorporated Territory That is More Than Sixty Percent Surrounded by Land Within the City Limits". (All in favor) COUNCIL REQUEST ITEMS Mayor Peterson stated he had received a letter of resignation from Doug Seitz, a member of the Planning Commission. Mayor Peterson suggested choosing a person from the applications received previously for a new member for this cc~ission. Council concurred. He will ask for input from Dean Miller, Chairman of the Planning Commission. 8 Recessed City Council Meeting . September 3, 1985 APPLI CATIONS Motion by Cou~cilmember Junker, seconded by Councilmember Bodlovick to approve the following Contractor's Applications: (All in favor) CONTRACTORS All Star Construction 10920 wayzata Blvd, Minnetonka, MN 55343 General Contractor Renewal Braberg-Oucharme Enterprises 8010 West River Road Brooklyn Park, MN 55444 Ccmfort Insulation Company 3866 Effress Road White Bear Lake, MN 55110 General Contractor New Insulation Contractor Renewal . Phi 1 Larson Masonry 513 Schletty Drive Little Canada, MN 55117 Michael J. Raleigh Trucking P.O. Box 261 Sti llwater, MN 55082 Masonry & Brick New General Contractor Renewal tanderhoff Excavating 6109 - 24th Street Oakdale, N~ 55119 Excavator Renewal COMMUNICATIONS 1. Terry O'Brien Letter regarding Mike McGuire's proposed restaurant. Mr. O'Brien wrote objecting to the restaurant proposed by Mike McGuire at the old car wash site. He is concerned about preserving the St. Croix riverfront, the parking problems in that area, and the requirements to be met by Mr. McGuire before he is issued a building permit. He suggested the City preserve this area for a park. Council discussion centered on stipulations made reyarding Mr. McGuire's plans; one of them being payment of the liquor license. Mr. McGuire agreed to pay for the license, but this was not made a stipulation. City Attorney Magnuson added that the license must be approved by the Liquor Control Commission and this involves approval of the building. This cannot be done until the building is up. Mr. Tom O'8rien, a resident, stated he is concerned about the parking situation. Councilmember Kimble observed that the City should . 9 Recessed City Council Meeting . September 3, 1985 . . make sure we have met all the legal criteria so that we are not held liable. Mr. Magnuson suggested Council consider a response to this letter. Motion by Councilmember Junker, seconded by Councilmember Kimble to review the McGuire plans to make sure all the necessary environmental studies, etc. have been followed before a building permit is issued; and to draft a reply to Mr. Terry O'Brien's letter. (All in favor) Council asked City Attorney Magnuson to draft a letter to Terry O'Brien. 2. Eddie Oaks letter regarding sewer bill. City Coordinator Kriesel explained that Mr. Oaks' bill was higher than usual because the Water Board had to estimate water usage from after October until April, 1985. Mr. Kriesel recommended adjustment of Mr. Oaks' bill. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to grant adjustment for the sewer bi 11 for Eddie Oaks, 436 Northland Ave. (All In favor) 3. Youth Service Bureau request for funding assistance. City Coordinator Kriesel stated this is usually taken from the Revenue Sharing Fund. Councilmember Kimble stated this is a special levy situation. It will be considered at budget time. City Coordinator Kriesel asked Council to set a Public Hearing date for Revenue Sharing on October 1, 1985. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to set the date of October 1, 1985 for a Public Hearing for Revenue Sharing. (All in favor) City Coordinator Kriesel requested Council set October 1, 1985 for a public hearing for the proposed Stillwater Yacht Club, 422 E. Mulberry St. Motion by Councilmember Junker, seconded by Councilmember Kimble to set October 1, 1985 for a public hearing for the proposed Stillwater Yacht Club at 422 E. Mulberry St. (All in favor) ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Kimble to adjourn the meeting at 10:10 P.M. (All in favor) 10 Recessed City Council Meeting . September 3, 19B5 . . Resolutions: No. 7502 - Directing Payment of Bills No. 7503 - Vacation of North Lake Street. ATTEST: l1A1~7 cxIad~ CITY CLERK 11 . M E M 0 TO: MAYOR AND COUNCIL FROM: MARY LOU JOHNSON, CITY CLERK DATE: AUGUST 30, 1985 SUBJECT: SPECIAL WORKSHOP MEETING, WEDNESDAY, SEPT. 4, 1985 This memo is to remind Council that a Special Workshop Meeting will be held on W~dnesday, September 4, 1985 at 6:00 P.M. in the Stillwater City Hall. . . r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES September 3, 1985 4:30 P.M. The meeting was called to order by Mayor Peterson. Present: Councilmembers Bodlovick, Junker, Kimble and Mayor Peterson. Councilmember MacDonald Absent: Also Present: City Coordinator Kriesel City Attorney Magnuson Public Safety Director Mawhorter Director of Parks & Recreation Blekum Building Official Zepper Finance Director Caruso City Clerk Johnson Press: Emily Chapman, Stillwater Gazette Nooe Others: PETITIONS OF INDIVIDUALS OR DELEGATIONS - None STAFF REPORTS: r 1. Public Safety - Chief Mawhorter reported that Diana Nelson, Part-time police officer, has resigned, effective immediately. He stated he will not fill this position in the immediate future. 2. Building Official - Mr. Zepper gave a brief report of his trip to China and Russia. 3. Finance Director - No report. 4. Parks and Recreation - Mr. Blekum reported that $5,300 is left in the Margaret Rivers Fund for the Mini Park. Council discussed the parking lot leased to the Lowell Inn and the possibility of paving this lot. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick, to contact Mr. Palmer to discuss the cancellation of the lease with the Lowell Inn regarding the parking lot; and to find out how many parking places can be accommodated in this lot. (All in favor) Mr. Blekum made a request to send the new Ice Arena Manager to the Minnesota Ice Arena Manager's Association Fall Conference at Rutger's Bay Lake Lodge. r 1 r Regular City Council Minutes September 3, 1985 Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve attendance of Robert Bielenberg at the Ice Arena Manager's Fall Conference on September 18, 19 and 20 at a cost of $175.00. (All in favor) 5. ~ Attorney - Mr. Magnuson stated that in regard to a first reading of ordinance No. 638 at the evening meeting, that this ordinance concerns the annexation of a small piece of property surrounded by the City of Stillwater; and was brought to the City's attention by the County Surveyor. 6. City Clerk - No report 7. City Coordinator - Mr. Kriesel stated the Council should set assessment hearing dates for three projects; L.I. 218 (Orleans St.), L.I. 219 (street overlay project, Croixwood Blvd.), and L.I. 226 (Wildwood Pines Third Addition). Motion by Councilmember Bodlovick, seconded the appropriate resolutions setting October date for L.I. 218, L.I. 219, and L.I. 226. 7506). by Councilmember Junker to adopt 1, 1985 as the assessment hearing (Resolution No. 7504, 7505, & r A~s Councilmembers Bodlovick, Junker, Kimble, and Mayor Peterson. Nays Nooe Mr. Kriesel asked Council advice in processing applications received for the positions of Public Works Director and Building Maintenance Worker. Council directed that copies be made of the Public Works Director applications for each Councilmember and they will narrow the number to six or eight applicants who will then be interviewed. Council will return their suggested applications by September 13, 1985. Councilmernbers Bodlovick and Kimble, and City Coordinator Kriesel will review the applications for the Building Maintenance Worker. Mr. Kriesel reminded Council of the Special Workshop Meeting which will be held tomorrow evening at 6:00 P.M., Wednesday, September 4, 1985 with the Library Board and to discuss the budget. Mr. Kriesel stated that Eileen Barr from the State Planning Agency has contacted the City in regard to precinct boundaries and bringing them into compliance with the law. These boundaries have to be clearly recognizable features. Ms. Barr is working with the Census Bureau who use these boundaries in collecting their data. City Attorney Magnuson stated the changes have to be made by amending the ordinance (Ordinance No. 597). r 2 r r r Regular City Council Minutes September 3, 1985 Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to accept the plan presented by City Coordinator Kriesel concerning the change in precinct boundaries; and to make the appropriate change in the ordinance after these changes are accepted by the State Planning Agency. (All in favor) City Coordinator Kriesel reported that the City has received a request from UFE, who is involved in the United Way, to hang a United Way banner across Main St. from September 23 to October 23, 1985. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to authorize the display of a United Way Banner across Main St. from September 23 to October 23, 1985. (All in favor) Mr. Kriesel asked Council advice on the disposal of the excess gravel salvaged after the seal coating of streets. Council directed that it be stored at the dumpsite and sold to residents who wish to buy it. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Bodlovick to recess the meeting to 7:30 P.M. (All in favor) Resolutions: No. 7504 - Public Hearing Date for L.I. 218. No. 7505 - Public Hearing Date for L.I. 219. No. 7506 - Public Hearing Date for L. I. 226. ATTEST: ~CI~ 3 r RECESSED MEETING STILLWATER CITY COUNCIL MINUTES September 3, 1985 7:30 P.M. The meeting was reconvened by Mayor Peterson. The Invocation was given by City Clerk Johnson. Present: Councilmembers Bodlovick, Junker, Kimble, and Mayor Peterson. Absent: Councilmember MacDonald. Also Present: Press: City Coordinator Kriesel City Attorney Magnuson Building Official Zepper City Clerk Johnson Emily Chapman, Stillwater Gazette Jeanne Landkamer, St. Croix Valley Press Others: Jim Lammers, Dean Miller, Tom O'Brien, Kit Carlson. APPROVAL OF MINUTES r-' Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the Minutes of August 20, 1985 as presented. (All in favor) INDIVIDUALS & DELEGATIONS Mayor Peterson introduced Mary Jo Boyle who presented a petition requesting a stop sign be erected at William and Oak Streets because of hazardous traffic. Motion by Councilmember Junker, seconded by Councilmember Kimble to adopt the appropriate resolution to install a stop sign at William and Oak Streets contingent on the approval of the Police Chief. (All in favor) PUBLIC HEARINGS 1. This is the day and time for the public hearing on the Modification of Tax Increment Financing District. Notice of the hearin9 was published in the Stillwater Gazette, the official newspaper of the City, on August 23, 1985. Ms. Kit Carlson, representing Washington County HRA, asked for a postponement of this public hearing to October 1, 1985 in order to completely identify parcels included in this proposal. r 1 Recessed City Council Meeting r-' September 3, 1985 Motion by Councllmember Bodlovick, seconded by Councilmember Kimble to postpone the Public Hearing for Modification of the Tax Increment Financing District until October 1, 1985. (All in favor) 2. This is the day and time for the public hearing on the vacation of the west 20 ft. of North Lake Street. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on August 23, 1985. Mr. James Lammers, representing the property owners residing in Block 53 of Carli and Schulenberg's Addition, explained that these people are requesting the City to vacate part of N. Lake St., where garages have been situated for many years; and the property owners would dedicate an easement to the City, 16 and 1/2 ft. wide, of Schulenberg Alley, where the City has no easement rights, but has been maintaining as a paved street. r-' Mr. Barry McKee, representing Swager Brothers who own property on the east side of No. Lake Street, objected to the vacation because the street cannot be upgraded. He fears that people on the east side of the street would lose some property. He also stated there is no good reason to do this. He also has a concern about snowplowing in this area. Mr. Lawrence Rumpf, 2009 N. Lake St., spoke in favor of the vacation and dedication of the portion of Schulenberg's Alley to the City. Mrs. Winterlin, 2023 Schulenberg Alley, spoke in favor of the proposal. Mr. Lammers repeated that this condition has probably been in existence for 100 years and stated that there is sufficient right-of-way existing to maintain a normal public street. Councilmember Bodlovick asked Building Official Zepper if Mr. Swager has the proper setback, etc. Mr. Zepper replied the DNR had been notified and Mr. Swager has the proper setback and frontage. Mr. Rumpf said his house has been there for 100 years and Mr. Swager should have set his house back farther. Mr. Zepper stated Mr. Swager's house is ln compliance. A lady stated she lives between Mr. Swager and Mr. Rumpf. She has not been able to obtain permission to build on her land. How did Mr. Swager get permission to build and she couldn't? Mr. George Winterlin, Jr. asked where the setback starts. Mr. Zepper replied it is where the existing houses are situated. r 2 Recessed City Council Meeting ~ September 3, 1985 Discussion followed regarding the width of the street and what effect this would have on the neighbors, City Attorney Magnuson stated this is not an uncommon problem in the City of Stillwater and recommended approving this vacation. Mayor Peterson closed the Public Hearing. Councilmember Bodlovick asked Mr. Lammers for clarification of the portion of Schulenberg's Alley which will be dedicated to the City and Mr. Lammers stated most of the neighbors have been contacted in regard to this and are agreeable to the street dedication. Motion by Councilmember Bodlovick, seconded by Councilmember Junker to adopt the appropriate resolution approving the vacation of the west twenty (20) feet of North Lake Street lying immediately adjacent to and between Blocks 53 and 52 in Carli and Schulenburg's Addition to the City of Stillwater. (Resolution No. 7503). Ayes Councilmembers Bodlovick, Junker, Kimble, and Mayor Peterson. Nays Nooe ~ 3. This is the day and time for the public hearing on Case No. 594, R. Michael Collins, 309 W.St.Croix Ave., request for 10 ft. front yard setback variance to construct a shed. Notice of the Public Hearing was published in the Stillwater Gazette, the official newspaper of the City, on August 23, 1985. Mr. Mike Collins was present to explain that he would like to construct this shed on his property further toward the street than the ordinance allows, and it will be built into a hill. Mr. Zepper stated his neighbor to the west has voiced opposition in that they are concerned the shed will obstruct their view. Mr. Collins explained that the shed will be constructed so that their view will not be blocked. Dean Miller, of the Planning Commission, reported they denied the variance because they did not feel there was a real hardShip. Mr. Collins has supplied more detailed plans since the Plannin9 Commission reviewed the case, and Mr. Miller stated some of points raised tonight were not adequately mentioned at their meeting. Mayor Peterson suggested continuing the public hearing until after the Planning Commission can review these plans again. Motion by Councilmember Bodlovick to continue the Public Hearing to October 1, 19B5 until after the Planning Commimssion can review the detailed plans submitted by Mike Collins, Case No. 594, request for 10 ft. variance. r 3 Recessed City Council Meeting r-" September 3, 1985 Mr. Kimble stated these plans clear up the points raised and if it is referred to the Planning Commission again, it will delay his construction plans. Also, Mr. Collins has greatly improved this property. Further dlscussion followed regarding the height of the shed and the hardship issue. Mayor Peterson called for a second to the motion three times. The motion failed for lack of a second. Mayor Peterson closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Junker to approve the 10 ft. front yard setback variance for R. Michael Collins, 309 W. St. Croix Ave., Case No. 594, in order to construct a shed. (Ayes - 3, Nays - 1; Councilmember Bodlovick voted Nay; Mayor Peterson voted in the aff1rmative) 4. This is the day and time for the public hearing on Case No. 600, Greg Johnson, 321 W. Elm Street, request for Minor Subdivision to split property. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on August 23, 1985. r-' Mr. Johnson expla1ned he would like to split the property because he has been unable to sell 1t in the last year as it now stands. Mr. Zepper stated both lots are legal single-family home lots. Mr. Miller stated the Planning Commission voted to approve this request. Mayor Peterson closed the Public Hearing. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the Minor Subdivision request of Greg Johnson, 321 W. Elm Street, Case No. 600. (Ayes - 3, Abstain - 1) Councilmember Kimble stated he would abstain from voting because he lives kiddy-corner from the property. 5. This is the day and time for the public hearing on Case No. 601, Joseph Monheim, 1004 No. Fourth St., request for Minor Subdivision and 255 sq. ft. area variance in order to construct a duplex. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on August 23, 1985. Mr. Monheim explained he would like to construct a duplex on the south piece of property and a single-family home on the north, and the footages involved. Dean Miller reported that the Planning Commiss10n voted to deny r-' 4 Recessed City Council Meetlng r-' September 3, 1985 the request because of the lot size. There also was a concern about parking, mainly on Aspen Street. John Stillman, 924 No. Fourth St., stated he faces Mr. Monheim's property and is concerned about the density of families on the block. He would prefer two single-family lots. Dick Mundiger, who lives on the corner of 4th and Wilkins, also opposes this request. He lives kiddy-corner from the lot. He is concerned about the density of the neighborhood and prefers single family lots. Councilmember Kimble asked Mr. Zepper if this property could rebuild as a three-plex as it was before the fire. Mr. Zepper replied, no -- it has to comply with the new ordinance. Mayor Peterson closed the public hearing. Motion by Councilmember BOdlovick, seconded by Councilmember Kimble to deny the Minor Subdivision and 255 sq. ft. area variance for Joseph Monheim, 1004 No. Fourth St., Case No. 601. (All in favor) ~ Mayor Peterson declared a recess for six minutes and reconvened at 8:48 P.M. 6. This is the day and time for the public hearing on Case No. 602, Thomas Lindeen, 2467 Hidden Valley Lane, request for variance to construct a swimming pool within 3 ft. of lot line and erect fence on three lot lines. Notice of the Public Hearing was published is the Stillwater Gazette, the official newspaper of the City, on August 23, 1985. Mr. Lindeen explained he would like to place his pool at the southerly end of his lot because of approximately 18 oak trees which stand between his house and the rear of the property. His neighbors do not object to thls request. A park is adjacent to his rear property line and only a drainage easement is there. Mr. Zepper stated a 10 ft. variance is required. Mayor Peterson closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the request of Thomas Lindeen, 2467 Hidden Valley Lane, for a 10 ft. variance to construct a pool and erect a fence on three lot lines. (All in favor) 7. This is the day and time for the public hearing on Case No. 603, Stillwater Yacht Club, 422 E. Mulberry St., request for Special Use Permit and Variance. This case has been cancelled. r 5 Recessed City Council Meeting r September 3, 1985 r 8. This is the day and time for the public hearing on Case No. 604, Darlene Liberty, 210 No. Martha St., request for variance to construct garage on property line. Notice of the Public Hearing was published in the Stillwater Gazette, the official newspaper of the City, on August 23, 1985. Ms. Liberty was present to explain she was planning to remove an old garage which is on the property line and construct a new one in the same place. She states the back corner of the garage sits approximately one-half foot off the property line, and the front part is approximately two feet from the property line. The new garage will be slightly shorter than the present one. Gordon Moosebrugger, representing Judy Olson, a nex-door neighbor, brought out the fact that Ms. Liberty had received a bid from Councilmember David C. Junker for the removal of this garage. Mr. Moosebrugger also brought out that the property line has not been surveyed, but the applicant was told where it was by a former owner. Mr. Moosebrugger stated Ms. Olson is concerned for a large tree which is in close proximity to the proposed garage and would like to build a patio in her yard close to where the garage will go in. The present garage has not been well maintained. If the garage is put in this spot, it will deprive Ms. Olson of the full use of the width of her lot. Mr. Moosebrugger presented a petition signed by 10 people in the neighborhood who are opposed to the new garage. Mr. Les Stepan, 215 N. Martha St., presented pictures regarding the upkeep of the garage and stated the 9arage looks better than Ms. Olson's house. Ms. Olson stated her house looks to be in disrepair because she is in the process of Improving her house. Further discussion involved the property line. Mr. Terry Kane, 218 N. Martha St., also raised some concerns about the property line. Mr. Moosebrugger and Ms. Olson stated that Mr. Junker gave Ms. Liberty assurances that he would vote to approve her request at the public hearing when she sought his bid for removal of the garage. Ms. Liberty and Councilmember Junker denied the allegation. Mr. Miller stated the Plannin9 Commission voted to deny this request because they felt Ms. Liberty could move the garage closer to her patio and shorten the width thereby reducing the size of the variance. Bob Johnson, a neighbor, stated the tree does not look healthy and will probably come down in a couple of years. r 6 Recessed City Council Meeting r September 3, 1985 Mayor Peterson suggested that Ms. Liberty move the garage next to patio which would leave a 2 and 1/2 ft. strip between the garage and the property line. Mr. Zepper clarified the ordinance in relation to this. Mr. Magnuson stated the ordinance provides that these buildings be permitted in rear yards only and shall maintain a setback of at least three feet from the side and rear. r Mr. Moosebrugger stated that his client's opposition to this request is that the purpose of the ordinance be upheld so that she can get the use of the full width of her property. Mayor Peterson stated we are talking about property lines and the parties don't know where they are. He suggested the owner have a survey done. Mayor Peterson closed the public hearing. Councilmember Kimble stated the size of the lot and placement of the home on the lot clearly established the hardship criteria for a variance if the adjacent property did not have a conflict. This conflict creates a question as to whether the hardship is excessive. The nei9hbor also has a similar hardship. Mr. Kimble also suggested a certificate of survey be obtained. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the variance; the owner to obtain a Certificate of Survey; and that the building must stay three feet from the property line. Councilmember Kimble raised a point of order by asking whether the variance request can be approved by a motion which also changes the variance request. City Attorney Magnuson stated this motion is not legally appropriate. Councilmember Bodlovick withdrew her second to motion. Mayor Peterson called for a second three times. The motion failed. the Kimble ('1- n-Ps) Bodlovick Motion by Council member 80<110. iCk, seconded by Council member K j,,,b It to follow the Planning Commission recommendation and deny the request of Darlene Liberty for a variance in order to build garage on the property line; also that the Council will be open to a revised request for this variance with a waiver of the variance fee. (Ayes - 3; Nays - 1; Councl1member Junker voted Nay, Mayor Peterson voted Aye) 9. This is the day and time for the public hearing on Case No. 605, Washington Savings Bank, 200 E. Chestnut St., request for Special Use Permit to construct an 11,000 sq. ft. addition to existing bank facilities at Second and Myrtle Street. r 7 r Recessed City Council Meeting September 3, 1985 Notice of the Public Hearing was published in the Stillwater Gazette, the official newspaper of the City, on August 23, 1985. Mr. Hank Sampson was present to represent Washin9ton Federal Savings Bank. Mr. Miller stated the Planning Commission voted to approve the request. Mayor Peterson closed the Public Hearing. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the request of Washington Federal Savings Bank for a Special Use Permit in order to construct an 11,000 sq. ft. addition to existing bank facilities at 200 E. Chestnut St. (All in favor) NEW BUSINESS 1. Directing Payment of Bills Motion by Councilmember Junker, seconded by Councilmember Kimble to adopt the appropriate resolution directing the payment of bills. (Resolution No. 7502) Ayes Councilmembers Bodlovick, Junker, Kimble and Mayor Peterson. r Nays N.one 2. Application for Waiver of Garbage & Rubbish Collection Charge Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the application for Waiver of Garbage & Rubbish Collection Charge, Code No. 50-175. (All in favor) 3. First Reading of Ordinance No. 638, Extending Corporate Limits of City. Motion by Councilmember Junker, seconded by Councilmember Kimble to have a first reading of Ordinance No. 638, "Ordinance Extendin9 the Corporate Limits of the City of Stillwater into Certain Unincorporated Territory That is More Than Sixty Percent Surrounded by Land Within the City Limits.. (All in favor) COUNCIL REQUEST ITEMS Mayor Peterson stated he had received a letter of resignation from Doug Seitz, a member of the Planning Commission. Mayor Peterson suggested choosing a person from the applications received previously for a new member for this commission. Council concurred. He will ask for input from Dean Miller, Chairman of the Planning Commission. r 8 Recessed City Councl1 Meetlng r-' September 3, 1985 APPLICATIONS Motion by Councl1member Junker, seconded by Councilmember Bodlovick to approve the following Contractor's Applications: (All in favor) CONTRACTORS All Star Construction 10920 Wayzata Blvd. Minnetonka, MN 55343 Broberg-Ducharme Enterprises 8010 West River Road Brooklyn Park, MN 55444 Comfort Insulation Company 3866 Effress Road White Bear Lake, MN 55110 General Contractor Renewal General Contractor New Insulation Contractor Renewal r-' Phil Larson Masonry 513 Schletty Drive Little Canada, MN 55117 Michael J. Raleigh Trucking P.O. Box 261 Stillwater, MN 55082 Vanderhoff Excavating 6109 - 24th Street Oakdale, MN 55119 COMMUNICATIONS Masonry & Brick New General Contractor Renewal Excavator Renewal 1. Terry O'Brien Letter regarding Mike McGuire's proposed restaurant. Mr. O'Brien wrote objecting to the restaurant proposed by Mlke McGuire at the old car wash site. He is concerned about preservin9 the St. Croix riverfront, the parking problems in that area, and the requirements to be met by Mr. McGuire before he is issued a building permit. He suggested the City preserve this area for a park. Council discussion centered on stipulations made regarding Mr. McGuire's plans; one of them being payment of the liquor license. Mr. McGuire agreed to pay for the license, but this was not made a stipulation. City Attorney Magnuson added that the license must be approved by the Liquor Control Commission and this involves approval of the building. This cannot be done until the building is up. Mr. Tom O'Brien, a resident, stated he is concerned about the parking situation. Councilmember Kimble observed that the City should r-' 9 Recessed City Council Meeting r September 3, 1985 make sure we have met all the legal criteria so that we are not held liable. Mr. Magnuson suggested Council consider a response to this letter. Motion by Councl1member Junker, seconded by Councilmember Kimble to review the McGuire plans to make sure all the necessary environmental studies, etc. have been followed before a building permit is issued; and to draft a reply to Mr. Terry O'Brien's letter. (All in favor) Council asked City Attorney Magnuson to draft a letter to Terry O'Brien. 2. Eddie Oaks letter regarding sewer bill. City Coordinator Kriesel explained that Mr. Oaks' bill was higher than usual because the Water Board had to estimate water usage from after October until April, 19B5. Mr. Kriesel recommended adjustment of Mr. Oaks' b 111 . Motion by Councilmember Junker, seconded by Councilmember Bodlovick to 9rant adjustment for the sewer bill for Eddie Oaks, 436 Northland Ave. (All in favor) r 3. Youth Service Bureau request for funding assistance. City Coordinator Kriesel stated this is usually taken from the Revenue Sharing Fund. Councilmember Kimble stated this is a special levy situation. It will be considered at budget time. City Coordinator Kriesel asked Council to set a Public Hearing date for Revenue Sharing on October 1, 1985. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to set the date of October 1, 1985 for a Public Hearing for Revenue Sharing. (All in favor) City Coordinator Kriesel requested Council set October 1, 1985 for a public hearing for the proposed Stillwater Yacht Club, 422 E. Mulberry St. Motion by Councilmember Junker, seconded by Councilmember Kimble to set October 1, 1985 for a public hearing for the proposed Stillwater Yacht Club at 422 E. Mulberry St. (All in favor) ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Kimble to adjourn the meeting at 10:10 P.M. (All in favor) r 10 Recessed City Councl1 Meeting r-' September 3, 1985 r r Resol utions: No. 7502 - Directing Payment of Bills No. 7503 - Vacation of North Lake Street. ATTEST' J1. J '( t/ ...,J~~J C ITV CL ERK 11