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HomeMy WebLinkAbout1988-08-02 CC MIN . . . AGENDA STILLWATER CITY COUNCIL August 2, 1988 Regular Meeting Recessed Meeting 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA STAFF REPORTS I. F1nance Oirector 4. Comm. Dev. Director 7. Fire Chief 2. Public Safety 5. Parks & Recreation 8. City Attorney 3. Public Works Dir. 6. Consulting Engineer 9. City Clerk 10. City Coordinator 7:00 P.M. AGENDA CALL TO OROER INVOCATION ROLL CALL APPROVAL OF MINUTES - Special Meeting, July 12. 1988. Regular Meeting, July 19, 1988. PETITIONS, INOIVIDUALS AND DELEGATIONS PU8L1C HEARINGS 1. This 1S the day and time for the Public Hearing on L.I. 251, a proposed public improvement consisting of the design and construction of trunk sanitary sewer, watermain, storm sewer, and streets in the area located on the north side of Trunk Highway 36 between County Road 66 and the City of Oak Park Heights within the area known as the Forest Hills/Frontage Road/South Gl'eeley Area. Notice of the hearing was published in the Stillwater Gazette on July 22 and July 29, 1988 and copies were mailed to affected property owners. 2. This is the day and time for the Public Hearing on a Special Use Permit Request for a sign program for Lakeview Memorial Hospital located at 919 W. Anderson St. and St. Croix Valley Clinic, 921 So. Greeley St., in the RB Residential Duplex Dist. Mar:' Coyne, for Suburban Lighting, Applicant. Case No. SUP/88-36. Notice of the hearing was published in the Stillwater Gazette on July 22, 1988 and copies were mailed to affected property owners. 3. This is the day and time for the Public Hearing for a request for a variance to the Sign Ordinance for placement of signs at 1750 So. Greeley St. (new Minuteman convenience store) in the IP-I Industrial Park-Industrial Dist. Croix Oil Co., Applicant. Case No. V/88-38. 1 . Notice of tht hearing was published in the Stillwater Gazette on July 22, 1988 and copies were mailed to affected property owners. 4. This is the day and time for the Public Hearing on a Special Use Permit Request to conduct a computer software and computer supplies business located at 2807 Woodridge Ln. in the RA One F~mily Residential Dist. Steve Palmer, Applicant. Case No. SUP/88-39 Notice of the hearing was published in the Stillwater Gazette on July 22, 1988 and copies were mailed to affected property owners. 5. This is the day and time for the Public Hearing on a Variance Request to construct a swimming pool in a side yard location (rear yard required) at 1504 W. Pine St. in the RA One Family Residential Dist. Thomas Doe, Applicant. Case No. V/S8-40. Notice of the hearing was published in the Stillwater Gazette on July 22, 1988 and copies were mailed to affected property owners. 6. This is the day and time for the Public Hearing on a Variance Request to construct a second story addition to an existing dwelling with substandard bluff setback at 120 Lakeside Drive in the Ouplex RB Residential, Bluffland Shoreland Dist. Allen Rousseau, Applicant. Case No. V/88-45. Notice of the hearing was published in the Stillwater Gazette on July 28, 1988 and copies were mailed to affected property owners. UNFINISHED 8USINESS I. Second reading and adoption of Absentee Ballot Counting Board Ordinance. . NEW BUSINESS 1. Resolution No. 7941 Designating Polling Place in the City of Stillwater for the Primary and General Elections. 2. Request from Marijo Greeman, representing "Play 21" to operate in the City of Stillwater. CONSENT AGENDA I. Dlrectlng Payment of Bills (Resolution No. 7942) 2. Applications (List to be supplied at meeting). 3. Gambling License Renewal - American Legion Post #48, 103 So. Third St. 4. Ratification of Council action on July 20, 1988 for permission to hang banner on Third St. announcing St.Michael's Church festival on August 7, 1988. 5. Cigarette License for Popeye's On the River, 422 E. Mulberry St. 6. Set Public Hearing for August 16, 1988 for Special Use Permit for 23,000 sq.ft. Warehouse Building located on Curve Crest 8lvd. east of Arrow Building Supply site in Ind.Pk.Commercial Dist., Con/Spec Corp., Applicant. Case No. SUP/88-46. . 2 COMMUNICATIONS/REQUESTS 1. Letter from Donald Nelson requesting to operate a horse-drawn wagon in the City of Stillwater. 2. Request from concerned citizens regarding consideration of a municipal swimming pool. COUNCIL REQUEST ITEMS STAFF REPORTS (Continued) QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT EXECUTIVE SESSION . . REGULAR MEETING STILLWATER CITY COUNCIL MINUTES August 2, 1988 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers 80dlovick, Kimble, and Mayor Abrahamson. Councilmembers Farrell and Opheim. City Coordinator Kriesel City Attorney Dieperink Public Works Director Junker Public Safety Director Mawhorter Parks Director 8lekum Fire Chief Seim Admin. Intern Junker Consulting Engineer Moore City Clerk Johnson Absent: Also Present: Press: Sara Flom, Stillwater Gazette None Others: . STAFF REPORTS 1. Public Safety - Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to authorize the expenditure of $678.75 for replacement of ceiling tiles in the Police Office. (All in favor). Discussion followed regarding the addition of a firefighter to the Fire Dept. and the transfer of Fire Chief Seim from a normal shift to a five-day, eight-hour day schedule. This will be discussed further at the evening meeting. Councilmember Bodlovick stated she received a complaint about a messy yard on Fourth and Cherry Streets. Mayor Abrahamson stated this is being remedied. 2. Public Works - Motion by Councllmember Kimble, seconded by Councilmember Bodlovick to approve the grading of Interlachen St. contingent on review by the City Engineer alld the DNR. (All in favor). Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the blacktopping of portions of Fourth St. (between William & Everett), Third Ave. near Dubuque St., Hancock off Everett St., and Hudson St., contingent on agreements for payment being signed by property owners. (All in favor) . 1 Stillwater City Council Minutes Regular Meeting August 2, 1988 . Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to authorize $1,000 to dredge the ponding area on Orleans & Everett Streets near Grady Thompson's residence. (All in favor). Public Hearing - Local rm~rovement No. 249 MotIon by Councllmember KImble, seconded by Councilmember 80dlovick to adopt the appropriate resolution setting a public hearing date of September 20, 1988 for L.r. 249, Everett Street Drainage. (Resolution No. 7944) Ayes - Councilmembers Bodlovick, Kimble, and Mayor Abrahamson. Nays - None 3. Parks & Recreation - Motion by Councllmember Bodlovick, seconded by Councilmember Kimble to authorize a Permit to Consume for the Elks steak fry at Pioneer Park on Sept. 10, 1988. (All in favor). Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to authorize a Permit to Consume for the St. Croix Valley Glass Softball Tournament at Lily Lake Field on August 6 and 7, 1988, with a police officer required if the game goes beyond 8:00 P.M.. (All in favor). Motion by Councilmember 80dlovick, seconded by Councilmember Kimble to authorize the expenditure of $5,913 for fencing at Croixwood 8allfield. (All in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to authorize the expenditure of approximately $1,000 for removal of dead pine trees on city property on the west side of Nightingale. (All in favor). A short discussion followed regarding operation of the beach at Lily Lake until 8:30 or 9:00 P.M. Council was advised there is not enough manpower for lifeguards and overtime would have to be paid, which has not been budgeted. 4. Consulting Engineer - No report 5. City Attorney - No report 6. City Clerk - No report 7. City Coordinator - No report . 2 . . Stillwater City Council Minutes Regular Meeting August 2, 1988 RECESS Motion by Councilmember 80dlovick, seconded by Councilmember Kimble Lo recess the meeting at 5:05 P.M. (All in favor J. Resolutions: No. 7944 - Setting Public Hearing for L.r. 249. , 4J~~ rn;c~u~r'-yJ ATTEST: 3 STILLWATER CITY COUNCIL MINUTES August 2, 1988 7:00 P.M. RECESSED MEETING The Meeting was called to order by Mayor Abrahamson. City Clerk Johnson gave the Invocation. Present: Councilmembers 80dlovick, Farrell, Kimble (arrived at 10:00 P.M.), Opheim, and Mayor Abrahamson. None Absent: Also Present: City Coordinator Kriesel City Attorney Dieperink Comm. Dev. Director Russell Consulting Engineer Moore Public Safety Oirector Mawhorter Fire Chief Seim Plan. Com. Chairman Fontaine Admin. Intern Junker City Clerk Johnson Sara Flam, Stillwater Gazette Julie Kink, St.Croix Valley Press Mr. & Mrs. J.Swenson, 8. 8rackey, J. Gannon, G. Funke, R. Ernst, R. Ernst III, R. Roemmich, V. Bergstedt, L. Rumpf, J. Ogren, M. Ogren, C. Ogren, T. Doe, M. Greeman, M.Arny, S.Palmer, Mr. & Mrs. Rousseau. Press: Others: APPROVAL OF MINUTES MotIon by Councilmember Bodlovick, seconded by Councilmember Opheim to approve the minutes of the Special Meeting of July 12, 1988 and the Regular Meeting of July 19, 1988 as presented. (All in favor). STAFF REPORTS (Con) Resolution - Fire Chief Seim MotIon by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution accepting the recommendations regarding benefits, schedule and salary for Fire Chief Seim, retroactive for six months. (Resolution No. 7945) Ayes - Councilmembers 80dlovick, Farrell, Opheim and Mayor Abrahamson. Nays - None . 1 . Stillwater City Council Minutes Recessed Meeting August 2, 1988 Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the hiring of another firefighter, after testing, as recommended by the Public Safety Oirector. (All in favor). . PUBLIC HEARINGS I. Th1S 1S the day and time for the Public Hearing on L.I. 251, a proposed public improvement consisting of the design and construction of trunk sanitary sewer, watermain, storm sewer, and streets in the area located on the north side of Trunk Highway 36 between County Road 66 and the City of Oak Park Heights within the area known as the Forest Hills/Frontage Road/South Greeley Area. Notice of the hearing was published in the Stillwater Gazette on July 22 and July 29, 1988 and copies were mailed to affected property owners. Consulting En9ineer Moore presented the proposed plan for improvements of streets, sewer services, watermains, detention basins and storm sewers. The estimated cost of the construction is $1,129,165.00 with $449,965 in M.S.A. funds for that portion of the project. Bob Brackey, who owns property east of the Kangaroo Storage, asked that the sanitary and storm sewer be extended to better serve his property. Mr. Moore replied that this could be done. CQuncil had further questions regarding the MSAfunds and Mr. Moore answered that bonds could be issued this fall for the remainder of the project and the City would meet the MSA criteria. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution ordering Local Improvement No. 251, Forest Hills/Frontage Road/South Greeley Area, using MSA funds, and directing the City Engineer to prepare plans and specifications for the making of such improvement. (Resolution No. 7946) Ayes - Councilmembers Bodlovick, Farrell, Opheim and Mayor Abrahamson. Nays - None 2. This is the day and time for the Public Hearing on a Special Use Permit Request for a sign program for Lakeview Memorial Hospital located at 919 W. Anderson St. and St. Croix Valley Clinic, 921 So. Greeley St., in the RB Residential Duplex Dist. Marie Coyne, for Suburban Lighting, Applicant. Case No. SUP/88-36. Notice of the hearing was published in the Stillwater Gazette on July 22, 1988 and copies were mailed to affected property owners. . 2 . . . Stillwater City Counci! Minutes Recessed Meeting August 2, 1988 Mr. Russell explained the request for the placement of three directional signs for the emergency entrance at Lakeview Memorial Hospital. Jeff Robertson, 120 Northland, Hospital Administrator explained the need for the signs, which is better direction to the emergency entrance. Ray Roemmich, Suburban Lighting, explained the type of signs which will be used. Mr. Fontaine stated the Planning Commission approved the request. Mr. Russell noted there was one letter of protest, from Charles Hooley, objecting to the original sign program which has since been changed. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Co~ncilmember Bodlovick to approve the request for a Special Use Permit for a sign program for Lakeview Memorial Hospital, 919 W. Anderson St. with stated conditions; and also that the blue "H" signs be reviewed for relocation as necessary. (All in favor). 3. This is the day and time for the Public Hearing for a request for a variance to the Sign Ordinance for placement of signs at 1750 So. Greeley St. (new Minuteman convenience store) in the IP-I Industrial Park-Industrial Oist. Croix Oil Co., Applicant. Case No. V/88-38. Notice of the hefring was published in the Stillwater Gazette on July 22, 1988 and copies were mailed to affected property owners. Mr. Russell exolained this request is for placement of signs at four locations with a total footage of 996-1/2 sq.ft. Mr. Fontaine stated the applicant agreed to remove the sign from the canopy, but will keep the striping. Mark Ogren stated they have agreed tJ all conditions. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the request for 3 variance to the Sign Ordinance for placement of signs at 1750 So. Greeley St. (new Minuteman convenience store), Croix Oil Co. with the conditions stated. (All in favor). 4. This is the day and time for the Public Hearing on a Special Use Permit Request to conduct a computer software and computer supplies business located at 2807 Woodridge Ln. in the RA One Family Residential Oist. Steve Palmer, Applicant. Case No. SUP/88-39 Notice of the hearing was published in the Stillwater Gazette on July 22, 1988 and copies were mailed to affected property owners. Mr. Russell explained a portion of the house will be used for an office and most of the activity will be transacted over the telephone. This will not affect the residential character of the area. Steve Palmer was present to answer any questions. Mayor Abrahamson closed the public hearing. 3 . Stillwater City Council Minutes Recessed Meeting August 2, 1988 . Motion by Councilmember 80dlovick, seconded by Councilmember Farrell to approve the request for a Special Use Permit to conduct a computer software and supplies business located at 2807 Woodridge Ln., with conditions, Steve Palmer, Applicant. (All in favor). 5. This is the day and time for the Public Hearing on a Variance Request to construct a swimming pool in a sideyard location (rearyard required) at 1504 W. Pine St. in the RA One Family Residential Dist. Thomas Doe, Applicant. Case No. V/88-40. Notice of the hearing was published in the Stillwater Gazette on July 22, 1988 and copies were mailed to affected property owners. Mr. Russell stated the request is to place a swimming pool in a sideyard rather than the rearyard. Mr. Fontaine added the Planning Commission had a concern because the detailed footage was not shown. It was suggested that Mr. Doe obtain a survey to determine the footage. Further discussion followed on this point. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the request for a Variance to construct a swimming pool and 6 ft. fence in a sideyard location at 1504 W. Pine St., with a "0" sideyard setback, and fence to be no more than 11 ft. from the edge of the pool, with a certified survey to be obtained before constructing the pool. (All in favor). Council directed Mr. Ooe to present the survey to Mr. Russell for review and mark the corners before the building permit is issued. 6. This is the day and time for the Public Hearing on a Variance Request to construct a second story addition to an existing dwe11ing with substandard bluff setback at 120 Lakeside Drive in the Duplex RB Res;dential, Bluffland/Shoreland Dist. Allen Rousseau, Applicant. Case No. V/88-45. Notice of the hearing was published in the Stillwater Gazette on July 28, 1988 and copies were mailed to affected property owners. Mr. Russell explained that the request is to increase the roof pitch of the existing building. After the permit had been issued it was discovered a variance to the Bluffland/Shoreland regulations was necessary. Also, the neighbors were under the impression that a restriction went with the deed to the house that a second story could not be built because of obstruction of view. Staff replied this is incorrect. Allen Rousseau, owner of the house, explained his plans and that the roof had be~n taken off when work was stopped by the City. He stated there has been some rain damage in the last few days. . 4 . . Stillwater City Council Minutes Recessed Meeting August 2, 1988 Julene Swenson, 103 Lakeside Dr., stated the existing structure does not meet the 8Iuffland/Shor'eland conditions and is a non-conforming structure. They are alsa concerned because the second story will block their view of the river and they would like to see the proper procedures followed. Bob Groth, 116 Lakeside Dr., stated he built the first house and a restriction was placed on building a second story on the front row of houses next to the river. Staff and Council stated there are no restrict ions on bui lding "up" and any house in the area can bui ld up 35 ft. Lawrence Rumpf, 2009 N. Lake St., asked why the City issued the building permit and then sent a letter to neighbors afterward. Mayor Abrahamson replied the building permit was issued because the plan fit the code, and further, this is a zoning problem, not a building code problem. Vicki Bergstedt, 106 Lakeside Dr., presented a copy of a registered property abstract wherein it states a limit of height to one story. Councilmember Bodlovick stated she has checked with the County and there is nothing recorded to that effect. Mrs. Rousseau stated the addition they are putting on will be a bedroom and bathroom and will only be above the garage. They do not intend to hurt their neighbors. Ms. Swe"son asked for clarification of hardship and DNR regulations. After discussion of erosion problems, Jean Groth, 116 Lakeside Dr., stated there always was a natural gully on the side of the house. Jon Swenson, 103 Lakeside Dr., stated he wants to be sure that the setbacks are a separate issue and asked if the City is going to change the zoning. He suggested this should be studied. Don McGuiness, Minn/Wisc Boundary Commission, spoke of the DNR regulations and further stated the alteration could be allowed unless it will be more conspicuous from the river in summer months. Mr. Rousseau stated the view is between the houses and they will cut down trees in front to preserve the view if pecessary. Mayor Abrahamson Closed the public hearing. 5 Stillwater City Council Minutes Recessed Meeting August 2, 1988 . Motion by Councilmember BOdlovick, ssconoed by Councilmember Farrell to deny the Variance for construction of a second story at 120 Lakeside Drive. (~es - 2; Nays - 2, Councilmember Opheim and Mayor Abrahamson). Council recessed the meeting for fifteen minutes. Council discussion followed with the Rousseaus and their contractor. It was suggested they ask for a variance in order to let them build forward. Discussion followed regarding the cost of replacing the roof and putting the house back together. Robin Gates, 168 Tamarack, asked who would pay for roof replacement. Further discussion followed regarding the ramifications of the denial. Megan Arney, 406 W. Olive St., suggested to Council that if other cases had been lost in court because they tried to preserve a view, the Council might want to reconsider instead of going to court. Council again recessed for fifteen minutes and reconvened at 10:00 P.M. (Councilmember Kimble arrived at 10:00 P.M.) After City Attorney Dieperink briefed Councilmember Kimble on the facts presented in the case, the following motion was made: Motion by Councilmember Opheim, seconded by Councilmember Kimble to approve the request for a Variance to construct a second story on an existing dwelling at 120 Lakeside Dr. in the Bluffland/Shoreland Dist. with conditions as stated. Ayes - 3; Nays - 2, Councilmembers Bodlovick and Farrell. UNFINISHED BUSINESS I. Second readlng and adoption of Absentee Ballot Counting Board Ordinance. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell for a second reading and enactment of Ordinance No. 682, creating an Absentee Ballot Counting 80ard in the City of Stillwater. ~es - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None NEW BUSINESS 1. Resolution No. 7941 Designating Polling Places in the City of Stillwater for the Primary and General Elections. Motion by Councilmember Farrell, seconded by Councilmember 80dlovick to adopt the appropriate resolution designating Polling Places in the City of . 6 Stillwater City Council Minutes Recessed Meeting August 2, 1988 Stillwater for the Primary Election on September 13, 1988. (Resolution No. 7941) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Request from Marijo Greeman, representing "Play 21" to operate in the City of Stillwater. Discussion followed regarding the request of Marijo Greeman, representing "Play 21" to operate in the City of Stillwater. Ms. Greeman was present to explain this operation is similar to a video game wherein blackjack is played, but there are no prizes. The profits go for wages and rental of the place where operated. Council stated there are no ordinances governing these games, but if there are problems, some may be adopted. CONSENT AGENDA Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the Consent Agenda of August 2, 1988 including the follQwing: (All in favor ). . 1. Directing Payment of Bills (Resolution No. 7942) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Contractor's Licenses. 3. Gambling License Renewal - American Legion Post '48, 103 So. Third St. 4. Ratification of Council action on July 20, 1988 for permission to hang banner on Third St. announcing St.Michael's Church festival on August 7, 1988. 5. Cigarette License for Popeye's On the River, 422 E. Mulberry St. 6. Set Public Hearing for August 16, 1988 for Special Use Permit for 23,000 sq.ft. Warehouse Building located on Curve Crest Blvd. east of Arrow Building Supply site in Ind.Pk.Commercial Dist., Con/Spec Corp., Applicant. Case No. SUP/88-46. COMMUNICATIONS/REQUESTS I. Letter from Donald Nelson requesting to operate a horse-drawn wagon in the City of Stillwater. . 7 Stillwater City Cauncil Minutes Recessed Meeting August 2, 1988 Motion by Councilmember Farrell, seconded by Councilmember 80dlovick to approve the request of Donald Nelson to operate a horse-drawn wagon in the City of Stillwater, giving rides, with the donations going to Camp Courage. (All in favor). 2. Request from concerned citizens regarding consideration of a municipal swimming pool. Council directed that the request from a group of concerned citizens regarding the consideration of a municipal swimming pool be referred to the Parks and Recreation 80ard. COUNCIL REQUEST ITEMS . Councilmember Bodlovick had a call from Pat Schmidt about the Ulrich fence at 1206 No. 2nd St. Community Development Director Russell will check on the placement of the fence. Removal of $25.00 ca~ per event for Cablecasting Council Meetings Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to remove the $25.00 cap per event on payment for cablecasting City Council meetings. (All in favor). First reading of Ordinance regarding Council Salaries Motion by Councilmember Kimble, seconded by Councilmember Farrell for a first reading of an ordinance amending the City Code in regard to Council salaries. (All in favor). ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adjourn the meeting at 10:45 P.M. to Executive Session. (All in favor). Resolutions, No. 7941 - ',~~ignating Polling Places in the City of Stillwater. No. 7942 - Directing Payment of Bills. No. 7945 - Permanent Employment of Fire Chief Seim. No. 7946 - Ordering Local Improvement 251. Ordinances: No. 682 - Absentee Ballot Counting Board. . 8 . Stillwater City Council Minutes Recessed Meeting August 2, 1988 ATTEST: /J~ n~I?f{~ 9 ~Ie-~ht MAYOR r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES August 2, 1988 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Kimble, and Mayor Abrahamson. Absent: Counc i1 members F arre 11 and Ophei m. City Coordinator Kriesel City Attorney Dieperink Public Works Director Junker Public Safety Director Mawhorter Parks Director Blekum Fire Chief Seim Admin. Intern Junker. Consulting Engineer Moore City Clerk Johnson A 1 so Present: Pres s: Sara Flam, Stillwater Gazette None Others: (' STAFF REPORTS 1. Public Safetl - Motion by CounciTmember Bodlovick, seconded by Councilmember Kimble to authorize the expenditure of $678.75 for replacement of ceiling tiles in the Police Office. (All in favor). Discussion followed regarding the addition of a firefighter to the Fire Dept. and the transfer of Fire Chief Seim from a normal shift to a five-day, eight-hour day schedule. This will be discussed further at the evening meeting. Councilmember Bodlovick stated she received a complaint about a messy yard on Fourth and Cherry Streets. Mayor Abrahamson stated this is being remedied. 2. Public Works - Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the grading of Interlachen St. contingent on review by the City Engineer and the DNR. (All in favor). Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the blacktopping of portions of Fourth St. (between William & Everett), Third Ave. near Dubuque St., Hancock off Everett St., and Hudson St., contingent on agreements for payment being signed by property owners. (All in favor) r I 11 r Stillwater City Council Minutes Regular Meeting August 2, 1988 Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to authorize $1,000 to dredge the ponding area on Orleans & Everett Streets near Grady Thompson's residence. (All in favor). 20, 1988 Ayes - Councilmembers Bodlovick, Kimble, and Mayor Abrahamson. Nays - None 3. Parks & Recreation - Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to authorize a Permit to Consume for the Elks steak fry at Pioneer Park on Sept. 10, 1988. (All in favor). Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to authorize a Permit to Consume for the St. Croix Valley Glass Softball Tournament at Lily Lake Field on August 6 and 7, 1988, with a police officer required if the game goes beyond 8:00 P.M.. (All in favor). r Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to authorize the expenditure of $5,913 for fencing at Croixwood Ballfield. (All in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to authorize the expenditure of approximately $1,000 for removal of dead pine trees on city property on the west side of Nightingale. (All in favor). A short discussion followed regarding operation of the beach at Lily Lake until 8:30 or 9:00 P.M. Council was advised there is not enough manpower for lifeguards and overtime would have to be paid, which has not been budgeted. 4. 5. 6. Consulting Engineer - No report City Attorney - No report City Clerk - No report City Coordinator - No report 7. (' 2 ~ r C'. r Stillwater City Council Minutes Regular Meeting August 2, 1988 RECESS Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to recess the meeting at 5:05 P.M. (All in favor). Resolutions: No. 7944 - Setting Public Hearing for L.I. 249. ATTEST: <<J~ ~ ~C~~ 3 r o c STILLWATER CITY COUNCIL MINUTES August 2, 1988 7:00 P.M. RECESSED MEETING The Meeting was called to order by Mayor Abrahamson. City Clerk Johnson gave the Invocation. Present: Councilmembers Bodlovick, Farrell, Kimble (arrived at 10:00 P.M.), Opheim, and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Dieperink Comm. Oev. Director Russell Consulting Engineer Moore Public Safety Director Mawhorter Fire Chief Seim Plan. Com. Chairman Fontaine Admin. Intern Junker City Clerk Johnson Sara Flam, Stillwater Gazette Julie Kink, St.Croix Valley Press Press: Others: Mr. & Mrs. J.Swenson, B. Brackey, J. Gannon, G. Funke, R. Ernst, R. Ernst III, R. Roemmich, V. Bergstedt, L. Rumpf, J. Ogren, M. Ogren, C. Ogren, T. Doe, M. Greeman, M.Arny, S.Palmer, Mr. & Mrs. Rousseau. APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve the minutes of the Special Meeting of July 12, 1988 and the Regular Meeting of July 19, 1988 as presented. (All in favor). STAFF REPORTS (Con) Resolution - Fire Chief Seim Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution accepting the recommendations regardin9 benefits, schedule and salary for Fire Chief Seim, retroactive for six months. (Resolution No. 7945) Ayes - Councilmembers Bodlovick, Farrell, Opheim and Mayor Abrahamson. Nays - None I ~ r r Stillwater City Council Minutes Recessed Meeting August 2, 1988 Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the hiring of another firefighter, after testing, as recommended by the Public Safety Director. (All in favor). PUBLIC HEARINGS 1. This is the day and time for the Public Hearing on L.I. 251, a proposed public improvement consistin9 of the design and construction of trunk sanitary sewer, watermain, storm sewer, and streets in the area located on the north side of Trunk Highway 36 between County Road 66 and the City of Oak Park Heights within the area known as the Forest Hills/Frontage Road/South Greeley Area. Notice of the hearing was publiShed in the Stillwater Gazette on July 22 and July 29, 1988 and copies were mailed to affected property owners. Consulting Engineer Moore presented the proposed plan for improvements of streets, sewer services, watermains, detention basins and storm sewers. The estimated cost of the construction is $1,129,165.00 with $449,965 in M.S.A. funds for that portion of the project. Bob Brackey, who owns property east of the Kangaroo Storage, asked that the sanitary and storm sewer be extended to better serve his property. Mr. Moore replied that this could be done. Council had further questions regarding the MSA funds and Mr. Moore answered that bonds could be issued this fall for the remainder of the project and the City would meet the MSA criteria. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution ordering Local Improvement No. 251, Forest Hills/Frontage Road/South Greeley Area, using MSA funds, and directing the City Engineer to prepare plans and specifications for the making of such improvement. (Resolution No. 7946) Ayes - Councilmembers Bodlovick, Farrell, Opheim and Mayor Abrahamson. Nays - None 2. This is the day and time for the Public Hearing on a Special Use Permit Request for a sign program for Lakeview Memorial Hospital located at 919 W. Anderson St. and St. Croix Valley Clinic, 921 So. Greeley St., in the RB Residential Duplex Dist. Marie Coyne, for Suburban Lighting, Applicant. Case No. SUP/88-36. Notice of the hearing was published in the Stillwater Gazette on July 22, 1988 and copies were mailed to affected property owners. 2 (\ Stillwater City Council Minutes Recessed Meeting August 2, 1988 o Mr. Russell explained the request for the placement of three directional signs for the emergency entrance at Lakeview Memorial Hospital. Jeff Robertson, 120 Northland, Hospital Administrator explained the need for the signs, which is better direction to the emergency entrance. Ray Roemmich, Suburban Lighting, explained the type of signs which will be used. Mr. Fontaine stated the Planning Commission approved the request. Mr. Russell noted there was one letter of protest, from Charles Hooley, objecting to the original sign program which has since been changed. Mayor Abrahamson closed the public hearing. Motion by Counci1member Opheim, seconded by Counci1member Bod10vick to approve the request for a Special Use Permit for a sign program for Lakeview Memorial Hospital, 919 W. Anderson St. with stated conditions; and also that the blue "H" signs be reviewed for relocation as necessary. (All in favor). 3. This is the day and time for the Public Hearing for a request for a variance to the Sign Ordinance for placement of signs at 1750 So. Greeley St. (new Minuteman convenience store) in the IP-I Industrial Park-Industrial Dist. Croix Oil Co., Applicant. Case No. V/88-38. Notice of the hearing was published in the Stillwater Gazette on JUly 22, 1988 and copies were mailed to affected property owners. Mr. Russell explained this request is for placement of signs at four locations with a total footage of 996-1/2 sq.ft. Mr. Fontaine stated the applicant agreed to remove the sign from the canopy, but will keep the striping. Mark Ogren stated they have agreed to all conditions. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Counci1member Farrell to approve the request for a variance to the Sign Ordinance for placement of signs at 1750 So. Greeley St. (new Minuteman convenience store), Croix Oil Co. with the conditions stated. (All in favor). 4. This is the day and time for the Public Hearing on a Special Use Permit Request to conduct a computer software and computer supplies business located at 2807 Woodridge Ln. in the RA One Family Residential Dist. Steve Palmer, Applicant. Case No. SUP/88-39 Notice of the hearing was published in the Stillwater Gazette on July 22, 1988 and copies were mailed to affected property owners. Mr. Russell explained a portion of the house will be used for an office and most of the activity will be transacted over the telephone. This will not affect the residential character of the area. Steve Palmer was present to answer any questions. Mayor Abrahamson closed the public hearing. (' 3 r' Stillwater City Council Minutes Recessed Meeting August 2, 1988 r' Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the request for a Special Use Permit to conduct a computer software and supplies business located at 2807 Woodridge Ln., with conditions, Steve Palmer, Applicant. (All in favor). 5. This is the day and time for the Public Hearing on a Variance Request to construct a swimming pool in a sideyard location (rearyard required) at 1504 W. Pine St. in the RA One Family Residential Dist. Thomas Doe, Applicant. Case No. V/88-40. Notice of the hearing was published in the Stillwater Gazette on July 22, 1988 and copies were mailed to affected property owners. Mr. Russell stated the request is to place a swimming pool in a sideyard rather than the rearyard. Mr. Fontaine added the Planning Commission had a concern because the detailed footage was not shown. It was suggested that Mr. Doe obtain a survey to determine the footage. Further discussion followed on this point. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the request for a Variance to construct a swimming pool and 6 ft. fence in a sideyard location at 1504 W. Pine St., with a "0" sideyard setback, and fence to be no more than 11 ft. from the edge of the pool, with a certified survey to be obtained before constructing the pool. (All in favor). Council directed Mr. Doe to present the survey to Mr. Russell for review and mark the corners before the building permit is issued. 6. This is the day and time for the Public Hearing on a Variance Request to construct a second story addition to an existing dwelling with substandard bluff setback at 120 Lakeside Drive in the Duplex RB Residential, Bluffland/Shoreland Dist. Allen Rousseau, Applicant. Case No. V/88-45. Notice of the hearing was published in the Stillwater Gazette on JUly 28, 1988 and copies were mailed to affected property owners. Mr. Russell explained that the request is to increase the roof pitch of the existing building. After the permit had been issued it was discovered a variance to the Bluffland/Shoreland regulations was necessary. Also, the neighbors were under the impression that a restriction went with the deed to the house that a second story could not be built because of obstruction of view. Staff replied this is incorrect. Allen Rousseau, owner of the house, explained his plans and that the roof had been taken off when work was stopped by the City. He stated there has been some rain damage in the last few days. (' 4 - o Stillwater City Council Minutes Recessed Meeting August 2, 1988 Julene Swenson, 103 Lakeside Dr., stated the existing structure does not meet the Bluffland/Shoreland conditions and is a non-conforming structure. They are also concerned because the second story will block their view of the river and they would like to see the proper procedures followed. Bob Groth, 116 Lakeside Dr., stated he built the first house and a restriction was placed on building a second story on the front row of houses next to the river. Staff and Council stated there are no restrictions on building "up" and any house in the area can build up 35 ft. ~ Lawrence Rumpf, 2009 N. Lake St., asked why the City issued the building permit and then sent a letter to neighbors afterward. Mayor Abrahamson replied the building permit was issued because the plan fit the code, and further, this is a zoning problem, not a building code problem. Vicki Bergstedt, 106 Lakeside Dr., presented a copy of a registered property abstract wherein it states a limit of height to one story. Councilmember Bodlovick stated she has checked with the County and there is nothing recorded to that effect. Mrs. Rousseau stated the addition they are putting on will be a bedroom and bathroom and will only be above the garage. They do not intend to hurt their neighbors. Ms. Swenson asked for clarification of hardship and DNR regulations. After discussion of erosion problems, Jean Groth, 116 Lakeside Dr., stated there always was a natural gully on the side of the house. Jon Swenson, 103 Lakeside Dr., stated he wants to be sure that the setbacks are a separate issue and asked if the City is going to change the zoning. He suggested this should be studied. Don McGuiness, Minn/Wisc Boundary Commission, spoke of the DNR regulations and further stated the alteration could be allowed unless it will be more conspicuous from the river in summer months. Mr. Rousseau stated the view is between the houses and they will cut down trees in front to preserve the view if necessary. Mayor Abrahamson closed the public hearing. c 5 ~ Stillwater City Council Minutes Recessed Meeting August 2, 1988 Motion by Councilmember 80dlovick, seconded by Councilmember Farrell to deny the Variance for construction of a second story at 120 Lakeside Drive. (Ayes - 2; Nays - 2, Councilmember Opheim and Mayor Abrahamson). Council recessed the meeting for fifteen minutes. Council discussion followed with the Rousseaus and their contractor. It was suggested they ask for a variance in order to let them build forward. Discussion followed regarding the cost of replacing the roof and putting the house back together. Robin Gates, 168 Tamarack, asked who would pay for roof replacement. Further discussion followed regarding the ramifications of the denial. Megan Arney, 406 W. Olive St., suggested to Council that if other cases had been lost in court because they tried to preserve a view, the Council might want to reconsider instead of going to court. c Council again recessed for fifteen minutes and reconvened at 10:00 P.M. (Councilmember Kimble arrived at 10:00 P.M.) After City Attorney Dieperink briefed Councilmember Kimble on the facts presented in the case, the following motion was made: Motion by Councilmember Opheim, seconded by Councilmember Kimble to approve the request for a Variance to construct a second story on an existing dwelling at 120 Lakeside Dr. in the Bluffland/Shoreland Dist. with conditions as stated. Ayes - 3; Nays - 2, Councilmembers Bodlovick and Farrell. UNFINISHED BUSINESS 1. Second reading and adoption of Absentee Ballot Counting Board Ordinance. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell for a second reading and enactment of Ordinance No. 682, creating an Absentee Ballot Counting Board in the City of Stillwater. Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None NEW BUSINESS 1. Resolution No. 7941 Designating Pollin9 Places in the City of Stillwater for the Primary and General Elections. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution designating Polling Places in the City of ~ 6 (', Stillwater City Council Minutes Recessed Meeting August 2, 1988 Stillwater for the Primary Election on September 13, 1988. (Resolution No. 7941) Ayes - Councilmembers 80dlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Request from Marijo Greeman, representing "Play 21" to operate in the City of St ill water. Discussion followed regarding the request of Marijo Greeman, representing "Play 21" to operate in the City of Stillwater. Ms. Greeman was present to explain this operation is similar to a video game wherein blackjack is played, but there are no prizes. The profits go for wages and rental of the place where operated. Council stated there are no ordinances governing these games, but if there are problems, some may be adopted. (' CONSENT AGENDA Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the Consent Agenda of August 2, 1988 including the following: (All in favor ). 1. Directing Payment of Bills (Resolution No. 7942) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Contractor's Licenses. 3. Gambling License Renewal - American Legion Post #48, 103 So. Third St. 4. Ratification of Council action on JUly 20, 1988 for permission to hang banner on Third St. announcing St.Michael's Church festival on August 7, 1988. 5. Cigarette License for Popeye's On the River, 422 E. Mulberry St. 6. Set Public Hearing for August 16, 1988 for Special Use Permit for 23,000 sq.ft. Warehouse Building located on Curve Crest Blvd. east of Arrow Building Supply site in Ind.Pk.Commercial Dist., Con/Spec Corp., Applicant. Case No. SUP/88-46. COMMUNICATIONS/REQUESTS 1. Letter from Donald Nelson City of Stillwater. requesting to operate a horse-drawn wagon in the r 7 (" Stillwater City Council Minutes Recessed Meeting August 2, 1988 Motion by Councilmember Farrell, seconded by Councilmember 80dlovick to approve the request of Donald Nelson to operate a horse-drawn wagon in the City of Stillwater, giving rides, with the donations going to Camp Courage. (All in favor). 2. Request from concerned citizens regarding consideration of a municipal swimming pool. Council directed that the request from a group of concerned citizens regarding the consideration of a municipal swimming pool be referred to the Parks and Recreation Board. COUNCIL REQUEST ITEMS Councilmember Bodlovick had a call from Pat Schmidt at 1206 No. 2nd St. Community Development Director the placement of the fence. about the Ulrich fence Russell will check on (' to remove meetings. First reading of Ordinance regarding Council Salaries Motion by Councilmember Kimble, seconded by Councilmember Farrell for a first reading of an ordinance amending the City Code in regard to Council salaries. (All in favor). ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adjourn the meeting at 10:45 P.M. to Executive Session. (All in favor). Resolutions: No. 7941 - Designating Polling Places in the City of Stillwater. No. 7942 - Directing Payment of Bills. No. 7945 - Permanent Employment of Fire Chief Seim. No. 7946 - Ordering Local Improvement 251. Ordinances: No. 682 - Absentee Ballot Counting Board. (' 8 o (' (' " Stillwater City Council Minutes Recessed Meeting August 2, 1988 ATTEST: j)~ ~ot. ' ITY~. 9 ~"l<d'J'f,. MAYOR RECORD OF KXECUTIVK SllSSION Date convened: Tuesday, August 2, 1988 Time convened: 10:45 p.m. Time adjourned: ll:l~ p.m. Members pr-esent: Bodlovick, Kimble, Opheim, F<lrrell and Mayor Abrahamson Members absent: None Also p"'''~''nt: City Coordinator Kriesel, City Attorn",,,, Magnuson Purpose of Executive Session: To discuss Oak Glen litigation. I<c:Liontaken: City Attorney directed to meet with Oak Glen Developer. AttesL: /2" /' '7 /" ~ r) :,://,- /;/p ~f-:,//G~__<---<1-. C1Ly Coo,dinator