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HomeMy WebLinkAbout1985-09-17 CC MIN . REGULAR MEETING AGENDA STILLWATER CITY COUNCIL September 17, 1985 6:30 P.M. CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES September 3, 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. Building Official 6. Consulting Engineer 9. City Coordinator 10. City Clerk tit INDIVIDUALS & DELEGATIONS UNFINISHED BUSINESS . 1. Second Reading of Ordinance No. 638, Extending Corporate Limits of City. NEW BUSINESS 1. Directing Payment of Bills. (Resolution No. 7507) 2. Set Public Hearing Dates for the following Planning Cases: Case No. 606 - Don Nolde - Request for 574 sq. ft. Lot Size Variance located at 332 West Laurel Street. Case No. 607 - Darlene Liberty - Request for Variance in order to construct garage close to side lot line at 210 North Martha St. Case No. 608 - Michael Lynskey - Request for Special Use Permit to build residentIal units in a commercial district, 108 So. Main St. Case No. 609 - Lewis Buschman - Request for Variance for 4 ft. building separation for construction of garage, 104 No. Everett St. Case No. 610 - Joseph Monheim - Request for Minor Subdivision for Lot Split, 1004 No. Fourth St. . . . 3. Application for Waiver of Garbage & Rubbish Collection Charge, Code No. 16-575. 4. Assessment Reapportionment - Wildwood Pines Third Addition. COUNCIL REQUEST ITEMS STAFF REPORTS (Continued) APPLICATIONS COMMUNICATIONS 1. Request for placement of signs for A.A.U.W. Valley Antique Show. QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT City Council Minutes . September 17, 1985 Chief Mawhorter reported that on September 9, 1985 Marlene (Hahn) McNamara resigned as Pt-Time Police Secretary because she is moving to California. He recommended employing Linda Long, who applied previously. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution employing Linda Long as Pt-Time Police Secretary for 14 hours per week, effective September 23, 1985. (Resolution No. 7508) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None Chief Mawhorter stated he received a notice from the Hennepin County Chiefs of Police Association seminar dealing with civil liability for Police Officers and Administrators and is requesting to attend. The fee is $75.00. . Motion by Councilmember Kimble, seconded by Councilmember Junker to approve attendance at the above mentioned seminar by Chief Mawhorter at a cost of $75.00. (All in favor) Chief Mawhorter reported they are into the final phase of the Police Compu- ter System and listed the grants received for this system. He also stated the last phase of the system is to purchase one computer for the police investigators and the software for this system. The cost would be $9,268.00 and they would be under budget by approximately $555.00. He suggested using this money for a one-year service contract on the last machine. Motion by Councilmember Kimble, seconded by Councilmember MacDonald to approve the final phase of the Police Dept. computer acquisition as presented by Chief Mawhorter. (All in favor) Councilmember Kimble commended Chief Mawhorter for securing $6,000 in grant money to help offset the cost of the computer system. Mayor Peterson asked Chief Mawhorter if he had a chance to review the peti- tion for stop Sign at William and Oak Streets presented by Mary Jo Boyle at the September 3, 1985 meeting. Chief Mawhorter recommended that a stop sign not be erected at that loca- tion. A study was done on that intersection and it was noted that there is a stop sign at Olive St. on William and also on Pine St. which stops traffic on William St. There is only one block in between those two streets which is Oak St. He does not think the traffic in the area merits . 2 . City Council Minutes September 17, 1985 another stop sign and there is no history of accidents in the area. Coun- cilmember Bodlovick stated that Mrs. Boyle was concerned because of the increase in traffic caused by high school students driving from Washington Sc~ool. Chief Mawhorter felt this could be better handled through enforce- ment than stop signs. Council directed Chief Mawhorter contact Mrs. Boyle and advise her as to why the stop sign will not be erected. Also, Chief Mawhorter was asked to contact the Transportation Director for the School District and advise them that the school buses use Greeley Street because of load limits. 2. Parks & Recreation - Mr. Blekum reported that the restroom remodeling at Pioneer Park has been completed. He also reported that he and George Diethert from Public Works reviewed the Lowell Inn parking lot to determine the number of cars it can hold. He stated 39 cars can be accommodated. He also reported on the construc- tion needs of the lot. . Mayor Peterson stated he had contacted Mr. Palmer and discussed the possi- bility of a complete job being done on the whole parking area. Mr. Palmer will come back in the next week or ten days with some proposals. He would like to put some of his electrical installation underground. Mayor Peterson also spoke to Mr. Palmer about the fresh water going into the sanitary sewer and measures taken to correct this. Mayor Peterson asked Emily Chapman to put a note in the Gazette to alert residents of the new toilet facilities at Pioneer Park and that they are handicapped accessible. 3. Fire Chief - Mr. Chial reported that Larry Rondeau, part-time volunteer firefighter, has resigned because he has a work conflict. The membership committee has submitted the application of Peter Jon Hoefler as a replace- ment. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to adopt the appropriate resolution employing Peter Jon Hoefler as a Part-time Volun- teer Firefighter, effective September 17, 1985. (Resolution No. 7509) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None. 4. Finance - Ms. Caruso requested to open three new fund~ for the Watershed Management Fund for Brown's Creek, one for Middle Creek, and a Capital Project Fund for Tax Increment Financing. . 3 . City Council Minutes September 17, 1985 Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the ,~quest of Ms. Caruso to open the following three funds: Water Management Fund for Brown's Creek; Water Management Fund for Middle River; and a Capital Project Fund for Tax Increment Financing. (All in favor) Ms. Caruso reported that Washington Co. is now charging the City a $10.00 fee for recording variances and special use permits after they have been approved by Council. Our ordinance does not address this fee at the mo- ment. Ms. Caruso calculated the costs for processing variances and spe- cial use permits at approximately $45.00, not including the recording fee. Residents are now paying a fee of $35.00 for a variance and $50.00 for a special use permit. Ms. Caruso also surveyed other cities costs for these items, with about half of them higher than Stillwater. Ms. Caruso sug- gested raising the rate for these requests. Motion by Councilmember Kimble, seconded by Councilmember MacDonald to have a first reading of Ordinance No. 639 amending the City Code in regard to Special Use Permit and Variance Fees and the recording of same with the County. (All in favor) . Ms. Caruso suggested the dates of Tuesday, September 24, 6 - 9:00 P.M.; and Saturday, September 28, 8:00 A.M. to 2:00 P.M. for Department Head meetings for discussion of the budget. Council concurred. Council re- quested a reminder notice be sent. 5. City Clerk - No report. 6. City Attorney - No report. 7. Building Official - No report. McGUIRE'S RESTAURANT PROJECT. Mr. Terry O'Brien was present in reference to his recent letter wherein he raised objections to Mike McGuire's proposed restaurant project on the old car wash site and Mayor Peterson initiated a discussion of this item. Mr. Zepper gave a review of the project since initiated in 1977. Staff and Council were concerned that the project has changed substantially over the last few years and since the Special Use Permit was issued. In January, 1985 Mr. McGuire presented a preliminary plan. Mr. Zepper reported that the plans are now for 12,800 sq. ft., 2 stories, a full basement, and 33 ft. high. The seating is calculated at over 300 people. No plans were presented to the Planning Commission, only a layout. Mr. O'Brien suggested that Council direct the project back to the Planning Commission because there are important considerations that have not been . 4 . City Council Minutes September 17, 1985 . building plan. There is no further action required by Council unless they would like to buy the land from Mr. McGuire. Mr. Kimble asked for further clarification in regard to the variances granted. Mr. Kriesel stated one was a setback variance from the river and the other included a special use permit for a new building in the downtown area. Mr. Kimble restated that what is now being presented is substan- tially different than what was approved at an earlier date; therefore, if we granted a special use permit, based on 115 people vs. 430 people, does the special use permit carry or can it be revoked? Mr. Kimble is concerned about questions raised by downtown business people. Further discussion followed on this point. Terry O'Brien stated that the issue of parking has not been addressed. Council disagreed. Mr. Kimble asked Mr. Magnuson if the project is substantially different than what the special use permit was issued for, would the City be liable. Mr. Magnuson stated this would be so only if the size of the building is substantially different. Mr. Zepper stated that parking places are being used in the Brick Alley lot for this restaurant. Are these spaces being used for both the Brick Alley and the new restaurant? Discussion ended and no action taken. Mayor Peterson declared a 10 minute break and reconvened at 8:37 P.M. 8. City CoordInator - Mr. Kresel reported that Buffalo Bituminous should be added to the list of bills. George Diethert reported there was some dam- age done to a storm sewer structure and requested $200 be withheld frmn this bill. The Public Works Dept. has requested a new refrigerator and Mr. Kriesel recommends purchasing a new refrigerator at approximately $470. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to pur- chase a new refrigerator for the Public Works Garage at approximately $470. (All in favor) Mr. Kriesel stated that two seminars will conducted within the next two weeks -- one by the Fire Center, U. of Minn., on the Fair Labor Standards Act and suggested attendance by the Fire Chief and himself. . 6 . City Council Minutes September 17, 1985 Motion by Councilmember Junker, seconded by Councilmember Kimble to authorize attendance at the above mentioned seminar by Chief Chial and Mr. Kriesel. (All in favor) The second seminar is sponsored by the Gov't. Training Service and is called "Hanging Tough in Tough Times". Mr. Kriesel suggested some of the supervisors and Dept. Heads attend this. Motion by Councilmember Junker, seconded oy Councilmember MacDonald to approve attendance at the above mentioned seminar by one or more of the Dept. Heads. (All in favor) Mr. Kriesel reported the City has received a quote for new blinds and drapes throughout the City Hall building, including the Fire Dept., from Simonet Furniture for $3,840.00. Motion by Councilmember MacDonald, seconded by Councilmember Junker to approve the purchase of new blinds and drapes for the City Hall Building in the amount of $3,840.00. (All in favor) Councilmembers Bodlovick, Kimble, and Junker will meet soon to review the Building Maintenance applications. ~ Mr. Kriesel suggested that Council finalize interviews for the Public Works Director position at their special meeting on September 24. Mr. Kriesel reported he met with Mr. Shoemaker, Crossings, Inc., and Mr. Shoemaker presented his contractor's log detailing activities of the work he did in the City of Stillwater. Because of the costs involved in arbi- tration, Mr. Kriesel suggested a settlement with Crossings of half the ~~ount of the liquidated damages. Council discussion followed. City Attorney Magnuson concurred with Mr. Kriesel. Motion by Councilmember Junker, seconded by Councilmember Kimble to settle with Crossings, Inc. with payment of half the amount of the liquidated dam- ages, or $4800. (3 Ayes, 2 Nays - Councilmembers Bodlovick and MacDonald voted Nay; Mayor Peterson voted Aye) UNFINISHED BUSINESS 1. Second Reading of Ordinance No. 638, Extending Corporate Limits of the City. Motion by Councilmember Kimble, second reading of Ordinance No. City of Stillwater into Certain seconded by Councilmember Bodlovick to have a 638, "Extending the Corporate Limits of the Unincorporated Territory that is more than . 7 . City Council Minutes September 17, 1985 Sixty Percent Surrounded by Land Within the City Limits" by the City Attorney. (All in favor) The Ordinance was read section by section, followed by roll call after each section ani 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 Junker, seconded by Councilmember Bodlovick to adopt the appropriate resolution Directing the Payment of Bills w:th the exclusion of $200 for Buffalo Bituminous. (Resol ution No. 7507) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. . Nays -- None 2. Public Hearing Dates - Councilmember Junker presented a request to be added to the Planning Commission Agenda for September 23, 1985 by Joel Harvieux for a building separation variance in order to construct a garage. Motion by Councilmember Kimble, seconded by Councilmember Junker to approve the public hearing date of October 1, 1985 for the following Planning cases with the addition of No. 611, Joel Harvieux for a building separation vari- ance. (All in favor) Case No. 606 - Don Nolde - Request for 574 sq. ft. Lot Size Variance loca- ted at 332 West Laurel Street. Case No. 607 - Darlene Liberty - Request for Variance in order to con- struct garage close to side lot line at 210 No. Martha St. Case No. 608 - Michael Lynskey - Request for Special Use Permit to build residential units in a commercial district, 108 So. Main St. Case No. 609 - Lewis Buschman - Request for Variance for 4 ft. building separation for construction of garage, 104 No. Everett St. Case No. 610 - Joseph Monheim - Request for Minor Subdivision for Lot Split, 1004 No. Fourth St. . 8 . City Council Minutes September 17, 1985 3. A olication for Waiver of Garba e & Rubbish Collection Char e Code No. Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the Application for Waiver of Garbage & Rubbish Collection Charge, Code No. 16-575. (A 11 in favor) 4. Assessment Reapportionment - Wildwood Pines ThirG Addition. - Mr. Kriesel explained that William and Josephine Lecuyer have asked for an assessment reapportionment for the assessments that were levied on Wildwood Pines Third Addition for Local Improvement No. 205. They are asking that the assessments be apportioned on an equal basis to all eight lots. Motion by Councilmember Junker, seconded by Bodlovick to approve the assess- ment reapportionment of Wildwood Pines Third Addition as presented by City Coordinator Kriesel. (All in favor) COUNCIL REQUEST ITEMS . Councilmember Kimble initiated discussion of a survey that he suggested be sent out to residents with the utility bills in regard to Library renovation and street reconstruction. Council discussed the contents of the survey. Mr. Kimble gave an update on the proposed Teen Center. The group has organ- ized and sent questionnaires to parents and students. He stated some costs have been incurred and funding is being sought in various ways. Mr. Kimble requested the City donate $500 to match the funds donated by Oak Park Heights as a one-time donation for start-up costs for the Teen Center. Motion by Councilmember Junker, seconded by Councilmember MacDonald to donate $500 for the new Teen Center. (All in favor) Mr. Kimble stated a Developer has approached him in regard to building a hotel in the north end of Stillwater and asked for information on the City. Mr. Kimble stated nothing of this sort is available and suggested a brochure be developed for this purpose. He suggested the Council, City Staff and Chamber of Commerce work together on this item. Mayor Peterson stated this has been discussed in the past and states this information is very changeable. Mr. Kimble will work with the above groups in the near future to accomplish this task. Mr. Kimble stated the City is in need of a City Planner and a restructuring of the Zoning Dept. STAFF REPORTS - (Continued) - Chief Mawhorter asked Council advice as to when to set a date for the pollce auction. . 9 . . . City Council Minutes September 17, 1985 Motion by Councilmember Junker, seconded by Councilmember Kimble to set the date of October 12, 1985 for the Police Auction and Sale. (All in favor) The Fall Clean-up will be toward the end of October, stated City Coordinator Kriesel. APPLICATIONS Building Official Zepper explained that the Building Dept. has had some pro- blems with the Schwartz Construction Co., namely poor work and not rectifying the problems. A short discussion followed. Council decided to approve the license with close supervision by the Building Dept. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the following applications for Contractor's Licenses. (All in favor) CONTRACTORS Five Star Remodelers 1784 East Seventh Street St. Paul, Minnesota 55119 Kerschbaum Tree Services P.O. Box 27 Afton, Minnesota 55001 Lindstrom Cleaning & Construction 9621 Tenth Avenue North Plymouth, Minnesota 55441-5016 General Contractor Renewa 1 Tree Trimmers Renewal General Contractor New Oasis Pool 3423 Emerald Drive White Bear Lake, Minnesota 55110 Schwartz Construction Company* 6061 Paris Avenue North Stillwater, MN 55082 Swimming Pools & Spas New General Contractor Renewal Jose Villase'nor 1525 E. Magnolia '9 St. Paul, MN Zappa Brothers, Inc. 659 - Sixth Street North Hudson, Wisconsin 54016 Roofing Contractor New Excavators New 10 City Council Minutes .... September 17, 1985 COMMUNICATIONS Council received a request from Mary Thein, Chairman of AAUW Valley Antique Show to place three signs -- one on entrance to Stillwater (from both direc- tions) and one in the downtown area advertising the show to be held on September 20 and 21, 1985. Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the placement of three signs advertising the Valley Antique Show on September 20 and 21, 1985. (All in favor) ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Kimble to adjourn the meeting at 9:34 P.M. (All in favor) Resolutions: No. 7507 - Directing Payment of Bills. No. 7508 - Employment of Linda Long - Pt. Time Police Secretary No. 7509 - Employment of Peter Hoefler - Volunteer Fireman . ATTEST: ~~ ~~ / . - -~ city CLERK U . -- . 11 r r r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES September 17, 19S5 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, MacDonald and Mayor Peterson. Absent: None. Also Present: City Coordinator Kriesel City Attorney Magnuson Fire Chief Chial Finance Director Caruso Public Safety Director Mawhorter Parks & Recreation Director Blekum Building Official Zepper Building Inspector Rylander City Clerk Johnson Press: Jeanne Linsley, St. Paul Pioneer Press/Dispatch Emily Chapman, Stillwater Gazette Others: Tom O'Brien, Mr. Pederson, Terry O'Brien, Mike McGuire APPROVAL OF MINUTES Councilmember Kimble noted a correction to be made in the Minutes of September 3, 1985, Recessed Meet1ng, on page 7, next to the last paragraph on the page. The motion should be by Councilmember Kimble, the second by Councilmember Bodlovick. Motion by Councilmember Bodlovick, seconded by Councilmember MacDonald to ap- prove the Minutes of September 3, 1985 Regular Meeting as presented; and Recessed Meeting with the above mentioned correction. (All in favor) STAFF REPORTS 1. Public Safety - Chief Mawhorter presented copies of policies and proce- dures that he 1ssued recently and asked that Council note they are issued as special orders, which does have the full force and effect of the policy and procedure, however, it is in effect for 90 days and during that period of time, the officers are encouraged to make comments. Mr. Mawhorter re- quested Council review these procedures and contact him with any questions or suggestions. 1 Clty Council Minutes r-' September 17, 1985 Chief Mawhorter reported that on September 9, 1985 Marlene (Hahn) McNamara resigned as Pt-Time Police Secretary because she is moving to California. He recommended employing Linda Long, who applied previously. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution employing Linda Long as Pt-Time Police Secretary for 14 hours per week, effective September 23, 1985. (Resolution No. 7508) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None Chief Mawhorter stated he received a notice from the Hennepin County Chiefs of Police Association seminar dealing with civil liabl1ity for Police Officers and Administrators and is requesting to attend. The fee is $75.00. Motion by Councilmember Kimble, seconded by Councilmember Junker to approve attendance at the above mentioned seminar by Chief Mawhorter at a cost of $75.00. (All in favor) r-' Chief Mawhorter reported they are into the final phase of the Police Compu- ter System and listed the grants received for this system. He also stated the last phase of the system is to purchase one computer for the police investigators and the software for this system. The cost would be $9,268.00 and they would be under budget by approximately $555.00. He suggested using this money for a one-year service contract on the last machine. Motion by Councilmember Kimble, seconded by Councilmember MacDonald to approve the final phase of the Police Dept. computer acquisition as presented by Chief Mawhorter. (All in favor) Councilmember Kimble commended Chief Mawhorter for securlng $6,000 in grant money to help offset the cost of the computer system. Mayor Peterson asked Chief Mawhorter if he had a chance to review the peti- tion for stop sign at William and Oak Streets presented by Mary Jo Boyle at the September 3, 1985 meeting. Chief Mawhorter recommended that a stop si9n not be erected at that loca- tion. A study was done on that intersection and it was noted that there is a stop sign at Olive St. on William and also on Pine St. which stops traffic on William St. There is only one block in between those two streets which is Oak St. He does not think the traffic in the area merits r-' 2 r City Council Minutes September 17, 1985 another stop sign and there is no history of accidents in the area. Coun- cilmember Bodlovick stated that Mrs. Boyle was concerned because of the increase in traffic caused by high school students driving from Washington School. Chief Mawhorter felt this could be better handled through enforce- ment than stop slgns. Council directed Chief Mawhorter contact Mrs. Boyle and advise her as to why the stop sign will not be erected. Also, Chief Mawhorter was asked to contact the Transportation Director for the School District and advise them that the school buses use Greeley Street because of load limits. 2. Parks & Recreation - Mr. Blekum reported that the restroom remodeling at Pioneer Park has been completed. He also reported that he and George Diethert from Public Works reviewed the Lowell Inn parking lot to determine the number of cars it can hold. He stated 39 cars can be accommodated. He also reported on the construc- tion needs of the lot. r Mayor Peterson stated he had contacted Mr. Palmer and discussed the possi- bility of a complete job being done on the whole parking area. Mr. Palmer will come back in the next week or ten days with some proposals. He would like to put some of his electrical installation underground. Mayor Peterson also spoke to Mr. Palmer about the fresh water going into the sanitary sewer and measures taken to correct this. Mayor Peterson asked Emily Chapman to put a note in the Gazette to alert residents of the new toilet facilities at Pioneer Park and that they are handicapped accessible. 3. Fire Chief - Mr. Chial reported that Larry Rondeau, part-time volunteer firefighter, has resigned because he has a work conflict. The membership committee has submitted the application of Peter Jon Hoefler as a replace- ment. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to adopt the appropriate resolution employing Peter Jon Hoefler as a Part-time Volun- teer Firefighter, effective September 17, 1985. (Resolution No. 7509) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None. 4. Finance - Ms. Caruso requested to open three new funds; for the Watershed Management Fund for Brown's Creek, one for Middle Creek, and a Capital Project Fund for Tax Increment Financing. r 3 r City Council Minutes September 17, 1985 Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the request of Ms. Caruso to open the following three funds: Water Management Fund for Brown's Creek; Water Management Fund for Middle River; and a Capital Project Fund for Tax Increment Financing. (All in favor) Ms. Caruso reported that Washington Co. is now charging the City a $10.00 fee for recording variances and special use permits after they have been approved by Council. Our ordinance does not address this fee at the mo- ment. Ms. Caruso calculated the costs for processing variances and spe- cial use permits at approximately $45.00, not including the recording fee. Residents are now paying a fee of $35.00 for a variance and $50.00 for a special use permit. Ms. Caruso also surveyed other cities costs for these items, with about half of them higher than Stillwater. Ms. Caruso sug- gested raislng the rate for these requests. Motion by Councilmember Kimble, seconded by Councilmember MacDonald to have a first reading of Ordinance No. 639 amending the City Code in regard to Special Use Permit and Variance Fees and the recording of same with the County. (All in favor) r Ms. Caruso suggested the dates of Tuesday, September 24,6 - 9:00 P.M.; and Saturday, September 28, 8:00 A.M. to 2:00 P.M. for Department Head meetin9s for discussion of the budget. Council concurred. Council re- quested a reminder notice be sent. 5. City Clerk - No report. 6. City Attorney - No report. 7. Building Official - No report. McGUIRE'S RESTAURANT PROJECT. Mr. Terry O'Brien was present in reference to his recent letter wherein he raised objections to Mike McGuire's proposed restaurant project on the old car wash site and Mayor Peterson initiated a discussion of this item. Mr. Zepper gave a review of the project since initiated in 1977. Staff and Council were concerned that the project has changed substantially over the last few years and since the Special Use Permit was issued. In January, 1985 Mr. McGuire presented a preliminary plan. Mr. Zepper reported that the plans are now for 12,800 sq. ft., 2 stories, a full basement, and 33 ft. high. The seating is calculated at over 300 people, No plans were presented to the Planning Commission, only a layout. Mr. O'Brien suggested that Council direct the project back to the Planning Commission because there are important considerations that have not been r 4 City Council Minutes ~ September 17, 1985 covered adequately such as environmental concerns wherein he feels this property should be part of a City park on the riverfront; economic impact; and lack of parking. He stated he has initiated a request for an environ- mental review. City Attorney Magnuson addressed the costs and problems involved in an attempt to purchase this property for the City. r Mr. McGuire arrived and answered the concerns raised by Council and a chronological review of his project. In 1982 he presented drawings of a smaller building. He stated people in the area felt at that time the building was too small and the project denied. He presented plans which were presented to the DNR and Council in 1983 and has total interior footage of 5,000 sq. ft. Last year he presented new plans when applying for a liquor license and they are essentially the same plans which Mr. Zepper is now reviewing for plan approval. The square footage is now 5,736 sq. ft. Mr. Zepper challenged Mr. McGuire on the square footage he presented. Mr. Rylander stated how he arrived at the occupancy load and regulations of the Fire Department. Mayor Peterson clarified that the issue before Council at this time is whether to issue a building permit. Also, one of the stipulations is that Mr. McGuire appear before Council bi-monthly for an update. Mr. Kriesel asked if the detailed plans, which Council asked Mr. McGuire to submit by Oct. 1, should include just the building or the landscaping and ponding area. Mr. McGuire said these are already included. Mr. Kriesel asked about the plans that were presented in 1982 showing a public easement go- ing along the riverfront in front of the patio. He feels this is an impor- tant consideration. Motion by Councilmember Bodlovick, seconded by Councilmember Junker to include an easement across the front of Mr. McGuire's property for a walkway; and an easement to include the roadway across the back of the property for emergency vehicles to have access to the dock. {All in favor) Councilmember Kimble raised a concern in regard to Mr. O'Brien's sugges- tion of sending this item back to the Planning Commission. Mr. Kimble doesn't remember anything of this magnitude in regard to the square foot- age of the building. He asked if the Council passed Councilmember Bodlovick's motion, would the Council be puttin9 a further stamp of appro- val on the project we may wish to turn back. Mayor Peterson doesn't feel this applies and the easements should be included regardless of the other issues involved. Councilmember Bodlovick asked the City Attorney if Mr. McGuire definitely has approval of his plan and the answer is yes; the variances, etc. have been approved by Council and the Buildin9 Inspector gives approval for the r 5 City Council Minutes r-" September 17, 1985 building plan. There is no further action required by Council unless they would like to buy the land from Mr. McGuire. Mr. Kimble asked for further clariflcation in regard to the variances granted. Mr. Kriesel stated one was a setback variance from the river and the other included a special use permit for a new building in the downtown area. Mr. Kimble restated that what is now being presented is substan- tially different than what was approved at an earlier date; therefore, if we granted a special use permit, based on 115 people vs. 430 people, does the special use permit carry or can it be revoked? Mr. Kimble is concerned about questions raised by downtown business people. Further discussion followed on this point. r Terry O'Brien stated that the issue of parking has not been addressed. Council disagreed. Mr. Kimble asked Mr. Magnuson if the project is sUbstantially different than what the special use permit was issued for, would the City be liable. Mr. Magnuson stated this would be so only if the size of the building is substantially different. Mr. Zepper stated that parklng places are belng used in the Brick Alley lot for this restaurant. Are these spaces being used for both the Brick Alley and the new restaurant? Discussion ended and no action taken. Mayor Peterson declared a 10 minute break and reconvened at 8:37 P.M. 8. City Coordinator - Mr. Kriesel reported that Buffalo Bituminous should be added to the list of bills. George Diethert reported there was some dam- age done to a storm sewer structure and requested $200 be withheld from this bill. The Public Works Dept. has requested a new refrigerator and Mr. Kriesel recommends purchasing a new refrigerator at approximately $470. Motlon by Councilmember Junker, seconded by Councilmember Bodlovick to pur- chase a new refrigerator for the Public Works Garage at approximately $470. (All in favor) Mr. Kriesel stated that two seminars will conducted within the next two weeks -- one by the Fire Center, U. of Minn., on the Fair Labor Standards Act and suggested attendance by the Fire Chief and himself. r 6 r r r City Council Minutes September 17, 1985 Motion by Councilmember Junker, seconded by Councilmember Kimble to authorize attendance at the above mentioned seminar by Chief Chial and Mr. Kriesel. (All in favor) The second seminar is sponsored by the Gov't. Training Servlce and is called "Hanging Tough in Tough Times.. Mr. Kriesel suggested some of the supervisors and Dept. Heads attend this. Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve attendance at the above mentioned seminar by one or more of the Dept. Heads. (All in favor) Mr. Kriesel reported the City has received a quote for new blinds and drapes throughout the City Hall building, including the Fire Dept., from Simonet Furniture for $3,840.00. Motion by Councilmember MacDonald, seconded by Councilmember Junker to approve the purchase of new blinds and drapes for the City Hall Building in the amount of $3,840.00. (All in favor) Councilmembers Bodlovick, Kimble, and Junker will meet soon to review the Building Maintenance applications. Mr. Kriesel suggested that Council finalize interviews for the Public Works Director position at their special meeting on September 24. Mr. Kriesel reported he met with Mr. Shoemaker, Crossings, Inc., and Mr. Shoemaker presented his contractor's log detailing activities of the work he did in the City of Stillwater. Because of the costs involved in arbi- tration, Mr. Kriesel suggested a settlement with Crossings of half the amount of the liquidated damages. Council discussion followed. City Attorney Magnuson concurred with Mr. Kriesel. Motion by Councilmember Junker, seconded by Councilmember Kimble to settle with Crossings, Inc. with payment of half the amount of the liquidated dam- ages, or $4800. (3 Ayes, 2 Nays - Councilmembers Bodlovick and MacDonald voted Nay; Mayor Peterson voted Aye) UNFINISHED BUSINESS 1. Second Reading of Ordinance No. 638, Extending Corporate Limits of the City. Motion by Councilmember Kimble, second reading of Ordinance No. City of Stillwater into Certain seconded by Councilmember Bodlovick to have a 638, "Extending the Corporate Limits of the Unincorporated Territory that is more than 7 City Council Minutes r-' September 17, 1985 r r Sixty Percent Surrounded by Land Within the City Limits. 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 Junker, seconded by Counc11member Bodlov1ck to adopt the appropriate resolution Directing the Payment of Bills with the exclusion of $200 for Buffalo Bituminous. (Resolution No. 7507) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None Public Hearin~ Dates - Councilmember Junker presented a request to be added to the lanning Commission Agenda for September 23, 1985 by Joel Harvieux for a building separation variance in order to construct a garage. Motion by Councilmember Kimble, seconded by Councilmember Junker to approve the public hearing date of October 1, 1985 for the following Planning cases with the addition of No. 611, Joel Harvieux for a building separation vari- ance. (All in favor) 2. Case No. 606 - Don Nolde - Request for 574 sq. ft. Lot Size Variance loca- ted at 332 West Laurel Street. Case No. 607 - Darlene Liberty - Request for Variance in order to con- struct garage close to side lot line at 210 No. Martha St. Case No. 608 - Michael Lynskey - Request for Special Use Permit to build residential units 1n a commercial distrlct, 108 So. Main St. Case No. 609 - Lewis Buschman - Request for Variance for 4 ft. buildlng separation for construction of garage, 104 No. Everett St. Case No. 610 - Joseph Monheim - Request for Minor Subdivision for Lot Split, 1004 No. Fourth St. 8 City Council Minutes r-' September 17, 1985 3. Application for Waiver of Garbage & Rubbish Collection Charge, Code No. 16-575. Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the Application for Walver of Garbage & Rubbish Collection Charge, Code No. 16-575. (A 11 in favor) 4. Assessment Reapportionment - Wildwood Pines Third Addition. - Mr. Kriesel explained that William and Josephlne Lecuyer have asked for an assessment reapportionment for the assessments that were levied on Wildwood Pines Third Addition for Local Improvement No. 205. They are asking that the assessments be apportioned on an equal basis to all eight lots. Motion by Councilmember Junker, seconded by Bodlovick to approve the assess- ment reapportionment of Wildwood Pines Third Addition as presented by City Coord i n ator Kri ese 1. (All in favor) COUNCIL REQUEST ITEMS Councl1member Kimble initiated discussion of a survey that he suggested be sent out to residents with the utility bills in regard to Library renovation and street reconstruction. Council discussed the contents of the survey. ~ Mr. Kimble gave an update on the proposed Teen Center. The group has organ- ized and sent questionnaires to parents and students. He stated some costs have been incurred and funding is being sought in various ways. Mr. Kimble requested the City donate $500 to match the funds donated by Oak Park Heights as a one-time donation for start-up costs for the Teen Center. Motion by Councilmember Junker, seconded by Councilmember MacDonald to donate $500 for the new Teen Center. (All in favor) Mr. Kimble stated a Developer has approached him in regard to building a hotel in the north end of Stillwater and asked for information on the City. Mr. Kimble stated nothing of this sort is available and suggested a brochure be developed for thls purpose. He suggested the Council, City Staff and Chamber of Commerce work together on this item. Mayor Peterson stated this has been discussed in the past and states this information is very changeable. Mr. Kimble will work with the above groups in the near future to accomplish this task. Mr. Kimble stated the City is in need of a City Planner and a restructuring of the Zoning Dept. STAFF REPORTS - (Continued) - Chief Mawhorter asked Council advice as to when to set a date for the pollce auction. ~ g r City Council Minutes September 17, 1985 Motion by Councilmember Junker, seconded by Councilmember Kimble to set the date of October 12, 1985 for the Police Auction and Sale. (All in favor) The Fall Clean-up will be toward the end of October, stated City Coordinator Kriesel. APPLICATIONS Building Official Zepper explained that the Building Dept. has had some pro- blems with the Schwartz Construction Co., namely poor work and not rectifying the problems. A short discussion followed. Council decided to approve the license with close supervision by the Building Dept. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the following applications for Contractor's Licenses. (All in favor) CONTRACTORS Five Star Remodelers General Contractor Renewal 1784 East Seventh Street St. Paul, Minnesota 55119 r Kerschbaum Tree Services Tree Trimmers Renewal P.O. Box 27 Afton, Minnesota 55001 Lindstrom Cleaning & Construction General Contractor New 9621 Tenth Avenue North Plymouth, Minnesota 55441-5016 Oasis Pool Swimming Pools & Spas New 3423 Emerald Drive White Bear Lake, Minnesota 55110 Schwartz Construction Company. General Contractor Renewal 6061 Paris Avenue North Stillwater, MN 55082 Jose Villase'nor Roofing Contractor New 1525 E. Magnolia #9 St. Paul, MN Zappa Brothers, Inc. Excavators New 659 - Sixth Street North Hudson, Wisconsin 54016 r 10 City Council Minutes r-' September 17, 1985 COMMUNICATIONS Council received a request from Mary Thein, Chalrman of AAUW Valley Antique Show to place three signs -- one on entrance to Stillwater (from both direc- tions) and one in the downtown area advertislng the show to be held on September 20 and 21, 1985. Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the placement of three signs advertising the Valley Antique Show on September 20 and 21, 1985. (All in favor) ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Kimble to adjourn the meeting at 9:34 P.M. (All in favor) Resolutions: No. 7507 - Directing Payment of Bills. No. 7508 - Employment of Linda Long - Pt. Time Police Secretary No. 7509 - Employment of Peter Hoefler - Volunteer Fireman ("" ATTEST, ~ ~~ / CI Y CLERK U . .- r 11