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Home My WebLink About1991-12-03 CC MIN r REGULAR f'UTING STILLWATER CITY COUNCIL MINUTES December 3, 1991 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim (arrived at 5:00 P.M.) and Mayor Abrahamson. Absent: None Press: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Peters Comm. Dev. Director Russell Public Works Director Junker Public Safety Director Mawhorter Fire Chief Seim Building Official Zepper Library Director Bertalmio City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette None Also Present: r Others: STAFF REPORTS I. Finance Director - No report. 2. Police Chief - parkln~ Enforcement Officer Motion by ouncllmember Bodlovick, seconded by Councilmember Farrell appointing Mayor Abrahamson and Councilmember Funke and two members of the Parking Task Force Committee to serve on the committee to interview candidates for the Parking Enforcement Officer position. (All in favor). washinaton Co. Narcotics Task Fork Chlef awhorter announced that they had received a check from Washington Co. Narcotics Task Force 1n the amount of $1,787.00. 3. Public Works Director - Downtown Construction "Punch" List Mr. Junker wlll revlew'the list and it will be discussed at a later time. Downtown Christmas Decorations Mr. Junker explained the Public Works Dept. had been asked setting up the Christmas decorations in the Downtown area. to assi st in He s ta ted they r 1 r r n Stillwater City Council Minutes December 3, 1991 Regul ar Meeti ng will help in this project as well as the Downtown will allow under the current construction circumstances. Streetlights at Third & Myrtle Streets Mr. Junker explalned the problems with the lighting at this intersection and suggested installing temporary lighting. It was stated that the Lowell Inn will install overhead lighting. Discussion of Snow Fence near Trian~le Park A letter was received from Sally Zo ler, 615 So. Broadway St., regarding the erection of a snow fence near the park to prevent sliding activities. Parks Supervisor Thomsen explained this was placed to protect sliders from a stump in their path and the close proximity of a skating rink. A letter will be sent to Ms. Zoller explaining whY the fence was erected. 4. communit~ Development Director - Request or Extension of Plattin~ time for Subdivision bf Croixdel, Inc. Motion by Councilmember Funke, secon ed by Councilmember Bod ovick to extend the time limit to July I, 1992 for platting the subdivision requested by Croixdel, Inc., Tim Nolde, applicant. (All in favor). Discussion of Valet Service in Downtown Area Lon Fela was present to explaln hlS plan for a valet parking service for the Downtown area. This would be a trial program until June I, 1992. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve a Valet Parking service in the Downtown area on a trial basis for six months until June I, 1992. (All in favor). 5. Fire Chief - EmPlo~ent of Volunteer Firefighters Motion by ouncllmember Funke, seconded by Councilmember Farrell to adopt the appropriate resolution employing Christopher Zeuli and Keith Hulbert as Volunteer Firefighters. (Resolution No. 91-233) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Mayor Abrahamson. Nays - None Discussion of New Year's Eve Fireworks Chief Seim reported that the Freighthouse would like to sponsor fireworks on New Years Eve. Discussion followed regarding obtaining permission from St. Joseph's Township and provision of insurance. Chief Seim will research these issues. (Councilmember Opheim arrived at 5:00 P.M. ) 2 r Stillwater City Council Minutes December 3, 1991 Regular Meeting r 6. Building Official - Mr. Zepper distributed the monthly report and discussion followed regarding the need for an extra Building Inspector. It was agreed that Mr. Zepper will negotiate with other cities for this help with a formal agreement to be drafted. Further discussion followed regarding the status of the old duplex on the northeast corner of Third & MYrtle Streets. Mr. Zepper will inspect the house to make sure they are complying with code. 7. Consulting Engineer - No report. 8. City Attorney - No report. 9. City Clerk - ~pOlntment of Members of Boards & Commissions for 1992 Motionlby Councilmember Bodlovick, seconded by Councilmember Funke to reappoint the following members of various City boards and commissions whose terms are expiring at the end of 1991: All in favor. Plannin~ Commission (Term explres 12/31/94) Darwin G. Wald Robert Hamlin (Term expires Michael Polehna Tom Lillesve Douglas E. Hartman Park & Recreation Commission 1/1/94) David G. Junker Robert McGarry, III Ken Meister Port Authoritf (Term expires 12/3 /94) R. J. (Barrett) Colombo Earl L. Olson Herita~e Preservation Commission Robert Kimbrel ( erm expires 12/31/94) Shawn Draper (Term expires 12/31/93) Joint Cable Communications Commission (Term explres 1/31/92) Councilmember Anne Bodlovick Discussion of Designation of Legal Newspaper Council will discuss this item at the December 17 meeting. Consent Agenda - Discussion of Liquor License Applications r 3 r Stillwater City Council Minutes December 3, 1991 Regular Meeting City Clerk Johnson reported that correspondence had been received regarding two On-Sale Liquor License applications -- Hidden Valley Lounge and Popeye's. Council decided to discuss these applications at the next meeti ng. Motion by Councilmember Opheim, seconded by Councilmember Funke to remove two liquor license applications from the Consent Agenda, to be discussed further at the next meeting. (All in favor). 10. City Coordinator - Award of Bld for Fire Dept. Ventilation System Motion by Councilmember Funke, seconded by Councilmember Farrell to adopt the appropriate resolution awarding the bid for the construction of a ventilation system at the Stillwater Fire Dept. to Schwantes Heating & Air Conditioning. (Resolution No. 91-234) AYes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Purchase of Copier for Library Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the purchase of a photocopier for the Stillwater Public Library in the amount r of $3,690. (All in favor). Discussion of Purchase of Copier for Fire Dest. City Coordinator Kriesel reported that a use copier is available for City purchase for the Fire Dept. in the approximate amount of $700 from Councilmember Gary Funke. City Attorney Magnuson stated this issue should be researched to make sure the City is abiding by state regulations. Council agreed to purchase the copier contingent on Mr. Magnuson's research. 11. City Attorney - D1SCUSS10n of Bill Received from Professional Development Group, Inc. Councl1 dlscussed the bl11 presented for payment and decided to follow the contract and pay the original amount of $4600. RECESS Motlon by Councilmember Bodlovick, seconded by Councilmember Funke to recess the meeting at 5:20 P.M. (All in favor). r 4 r r I' Stillwater City Council Minutes December 3, 1991 Regular Meeting aJ4 MAYO;~~ ATTEST:ff411 ~~ I CITY CLEV---- - Resolutions: No. 91-233 - Employment of Volunteer Firefighters. No. 91-234 - Awarding Bid for Fire Dept. Ventilation System to Schwantes Htg. 5 r , RECESSED MEETING STILLWATER CITY COUNCIL MINUTES December 3, 1991 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Absent: None Press: City Coordinator Kriesel City Attorney Magnuson Comm. Dev. Director Russell Planning Comm. Chair Fontaine City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Rick Sowers & family, Heidi Rosebud, Richard Olsen, Andy Klund, Bob Briggs, Richard Huelsman, James Anderson. Also Present: Others: r APPROVAL OF MINUTES Motlon by Councllmember Funke, seconded by Councilmember Farrell to approve the minutes of the Special Meeting of Nov. 12, 1991 and Regular Meeting of Nov. 19, 1991 as presented. (All in favor). PUBLIC HEARINGS I. This is the day and time for the Public Hearing to consider a Special Use Permit to maintain a cougar (undomesticated animal) on a residential property within the City of Stillwater, located at 1251 W. Orleans St. in the RA, Single-Family Residential Dist., Case No. Sup/91-55. Richard Sowers, Applicant. Notice of the hearing was published in The Courier on November 21, 1991 and mailed to affected property owners. Mr. Russell explained that the Special Use Permit is to maintain a cougar (undomesticated animal) on a residential property in the City. Mr. Russell stated Mr. Sowers has submitted all the information necessary for consideration of the permit except the letter of permission from the property owner and suggested the hearing be tabled until December 17 with submission of the letter. James Anderson, representing Mr. Sowers, stated that Mr. Sowers was under the impression that he was promised by the property owners that the letter will be presented and that he has to present certain financial requirements before he will receive permission. He wanted to know if he will receive the permit if all conditions are satisfied. r 1 r Stillwater City Council Minutes December 3, 1991 Recessed Meeting Mr. Fontaine stated the Planning Commission approved the permit with a 6 - 2 vote. r Mr. Anderson continued the discussion by addressing the conditions of approval and that Mr. Sowers had made an offer of $1,000 to the property owner. Further discussion followed on whether the cougar shall be allowed to walk the streets with approval of the Councilor authorized representative. The Council stated that approval should rest with the Council. Also, a letter was introduced from Michael W. DonCarlos, Curator at the Minnesota Zoo stating that a cougar on a leash represents a public safety hazard. A woman, living on Linson Circle, stated she has observed the cougar and asked why, after the cougar has been in town for two years, this issue is being brought up now. Council stated the City had received complaints regarding the animal and people are concerned for public safety. Andy Klund, 811 So. Martha St., stated the Council and many other people are going on what a few people are saying -- that only a few complaints have been received and the cat hasn't hurt anyone. Rick Sowers, 1251 W. Orleans St., stated the cat needs exercise, he doesn't scare people and you can't compare his cat to a zoo cat. Mayor Abrahamson quoted Mr. Sower's friend in New York by saying that the cat should not be walked in public and he knew there would be conditions of confinement. Further discussion followed on Condition #2, walking the cat in public. Mayor Abrahamson closed the public hearing. Further Council discussion followed on the conditions and Mr. Russell suggested that written permission from the property owner be received by December 17. Mayor Abrahamson questioned the insurance and whether it covers any incidents out of Mr. Sowers yard and whether the property owner would also have to obtain insurance. City Attorney Magnuson stated the landlord is covered under the present policy and Mr. Anderson stated the insurance covers incidents off the premises. Mr. Anderson will provide the City with a copy of the policy stating this condition. Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve a Special Use Permit to maintain a cougar (undomesticated animal) on a residential property within the City of Stillwater, located at 1251 W. Orleans St. in the RA, Single-Family Residential Dist., as conditioned, and further, that written permission of the property owners shall be submitted to the City (' 2 r Stillwater City Council Minutes December 3, 1991 Recessed Meeting r by December 17, 1991, Case No. Sup/91-55, Richard Sowers, Applicant. (Ayes- 3; Nays - 2, Councilmember BodlovicK and Mayor Abrahamson). 2. This is the day and time for the Public Hearing to consider a continuation of a Variance to the sideyard setbacK requirements for construction of a garage on a corner lot (30 ft. required, 17 ft. requested) & to the size requirements for an accessory structure (1,000 ft. required, 1,008 ft. proposed) at 317 No. Owens St. in the RB; Two-Family Residential Dist., Case No. V/91-51. Donald Hill, Applicant. Notice of the hearing was published in The Courier on November 21, 1991 and mailed to affected property owners. Mr. Russell stated the request is to construct an oversize garage with a setbacK requirement. Mr. Fontaine stated the Planning Commission denied this request because they felt Mr. Hill had some other options and doesn't have a hardship. Mr. Hill was not present at the meeting. Mayor Abrahamson closed the public hearing. Motion by Councilmember BodlovicK, seconded by Councilmember Funke to deny a Variance to the sideyard setback requirements for construction of a garage on a corner lot (30 ft. required, 17 ft. requested) & to the size requirements for an accessory structure (1,000 ft. required, 1,008 ft. proposed) at 317 No. Owens St. in the RB, Two-Family Residential Dist., Case No. V/91-51. Donald Hill, Applicant. (All in favor). 3. This is the day and time for the Public Hearing to consider a continuation of two Variances for the placement of a pylon sign & a free-standing sign at 110 So. Greeley St., located in the RB, Two-Family Residential Dist., Case No. V/91-50 & V/91-53. Melissa Johnson & Heidi Rosebud, Applicants. Notice of the hearing was published in The Courier on November 21, 1991 and mailed to affected property owners. Mr. Russell stated this is a request for a free-standing pylon sign which the Planning Commission suggested that the applicant redesign. The present proposal is that all existing signs would be removed with the placement of two 49 sq. ft. internally illuminated signs placed on the roof -- one on the Greeley St. side of the building and the other on the ~rtle St. side of the building. All signage would be contained on the wall sign with no additional signage on the building. The Planning Commission approved the proposal, stated Mr. Fontaine. Heidi Rosebud was present. Mayor Abrahamson closed the public hearing. Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the Variance for the placement of two 49 sq. ft. internally illuminated signs, on the roof on the Greeley and ~rtle St. sides of the building located at 110 So. Greeley St., in the RB, Two-Family Residential Dist., as conditioned, Case r 3 r Stillwater City Council Minutes December 3, 1991 Recessed Meeting No. V/91-50 & V/91-53. Melissa Johnson & Heidi Rosebud, Applicants. (All in favor). 4. This is the day and time for the Public Hearing to consider a Minor Subdivision, 10 ft. by 135 ft. of Lot 13, BloCK 11, to Lot 14, BloCK 11 of Churchill, Nelson & Slaughter's Add. located at 1020 So.Fifth St. in the RB, Two-Family Residential Dist., Case No. SUB/91-57. Dennis & Marge Galowitz, Applicants. Notice of the hearing was published in The Courier on November 21, 1991 and mailed to affected property owners. Mr. Russell stated this request is a minor subdivision of a lot adding ten ft. to one lot and taKing it away from another. Mr. Fontaine stated the Planning Commission approved the request and Mayor Abrahamson closed the publ ic hearing. Motion by Councilmember BodlovicK, seconded by Councilmember FunKe to adopt the appropriate resolution approving a Minor Subdivision, 10 ft. by 135 ft. of Lot 13, BloCK 11, to Lot 14, BloCK II of Churchill, Nelson & Slaughter's Add. located at 1020 So.Fifth St. in the RB, Two-Family Residential Dist., as conditioned, Case No. SUB/91-57. Dennis & Marge Galowitz, Applicants. (Resolution No. 91-237) r Ayes - Councilmembers BodlovicK, Farrell, FunKe, Opheim and Mayor Abrahamson. Nays - None 5. This is the day and time for the Public Hearing to consider a Planned Unit Development for the construction of two duplex units (four single-family units with zero sideyard setbacKs) located at 310 No. 'Second St. in the RB, Two-Family Residential Dist., Downtown Plan area, Case No. PUD/91-58. BARK Properties, Applicant. Notice of the hearing was published in The Courier on November 21, 1991 and mailed to affected property owners. Mr. Russell stated that comments on the request were received from the Design Review Committee because it is in the Downtown Plan area. The request is to construct two duplex structures on the property. They are going through the process because of the unique conditions of the site. Access to the site will be over a shared 20 ft. access easement off of Mulberry St. Drainage plans have also been provided. Mr. Fontaine stated the Planning Commission approved the plan unanimously. Bob Briggs addressed the retaining wall by stating that it would be covered over to provide access and also presented easements to Margaret and Alice O'Brien. Maintenance would be provided by owners of the townhouse. Mayor Abrahamson closed the public hearing. r 4 r Stillwater City Council Minutes December 3, 1991 Recessed Meeting Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve a Planned Unit Development for the construction of two duplex units (four single-family units with zero sideyard setbacks) located at 310 No. Second St. in the RB, Two-Family Residential Dist., Downtown Plan area, as conditioned, Case No. PUD/91-58. BARK Properties, Applicant. (All in favor) r 6. This is the day and time for the Public Hearing to consider a Resubdivi- sion of three lots of 25,984 sq. ft. into four residential lots of 5,835, 5,232, 4,799, 4,799 and common area of 5,319 sq. ft. at 310 No. Second St. in the Duplex Residential Dist., Case No. SUB/91-60. BARK Properties, Applicant. Notice of the hearing was published in The Courier on November 21, 1991 and mailed to affected property owners. Mr. Russell stated this subdivision accompanies the previous requested PUD. It divides the property into five parcels and the PUD procedure recognizes this. Mr. Fontaine stated these two cases were considered together and approved. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution approving a Resubdivision of three lots of 25,984 sq. ft. into four residential lots of 5,835, 5,232, 4,799, 4,799 and common area of 5,319 sq. ft. at 310 No. Second St. in the Duplex Residential Dist., as conditioned, Case No. SUB/91-60. BARK Properties, Applicant. (Resolution No. 91-236) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 7. This is the day and time for the Public Hearing to consider a Special Use Permit & Variance for the construction of a multi-purpose addition to St. Mary's Church with a street sideyard setback of 21 ft. (30 ft. required) located at 407 So. Fifth St. in the RB, Two-Family Residential Dist., Case No. SUP/V/91-59. Richard N. Olsen & Richard L. Huelsmann, Applicants. Notice of the hearing was published in The Courier on November 21, 1991 and mailed to affected property owners. Mr. Russell explained this request is to construct a multi-purpose room in an existing area. A single-family house would be removed and existing circulation would be modified with parking provided behind the structure. SEH, the City's consulting engineers, reviewed the parking and traffic access and did some realigning. A drainage plan has also been provided. Mr. Fontaine stated the Planning Commission approved the request. Mayor Abrahamson closed the public hearing. Council discussion followed which r 5 r Stillwater City Council Minutes December 3, 1991 Recessed Meeting included the need for a variance, landscaping, the parking plan and traffic problems on Pine St. Motion by Councilmember Funke, seconded by Council member Farrell to approve a Special Use Permit & Variance for the construction of a multi-purpose addition to St. Mary's Church with a street sideyard setback of 21 ft. (30 ft. required) located at 407 So. Fifth St. in the RB, Two-Family Residential Dist., as conditioned, Case No. SUP/V/91-59. Richard N. Olsen & Richard L. Huelsmann, Applicants. (All in favor). Council recessed for ten minutes and reconvened at 8:26 P.M. r UNFINISHED BUSINESS - No Unfinished Business was presented. NEW BUSINESS Snowplowing - Council discussion followed regarding snowbirds and clean-up of snow. Councilmember Funke suggested that part-time emergency people be used to keep equipment in use and to hire within the City force. Another suggestion was to start the odd/even parking plan on November 1 each year. Further discussion followed and City Coordinator Kriesel will review these suggestions. CONSENT AGENDA Motlon by Councilmember Bodlovick, seconded by Councilmember Funke to approve the Consent Agenda of December 3, 1991, with the removal of Popeye's and Hidden Valley Lounge from the On-Sale Liquor License applications for discussion at a later date; to change the amount for Professional Dev. Group, Inc. on the bills to $4,600; and including the following: (All in favor). I. Resolution Directing Payment of Bills (Resolution No. 91-231). Ayes - Councllmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. License Applications: Contractors A~Plications Jim Adams Unlimited Genera Contractor New 9199 Jane Rd. No. Lake Elmo, Mn. 55042 Alpha Mechanical 9177 Davenport St. N.E. Blaine, Mn. 55304 Plumbing, Sewer & Water Contractor New r 6 r Stillwater City Council Minutes December 3, 1991 Recessed Meeting C & N Sewer & Water, Inc. 19880 Quinnell Ave. Scandia, Mn. 55073 Excavators Renewal Enerjac Construction 1688 Strawberry Hill Rd. Afton, Mn. 55001 General Contractor New New Castle Builders, Inc. 2961 Inwood Ave. No. Lake Elmo, Mn. 55042 General Contractor New Perry Excavating 9665 292nd Street Chisago City, Mn. 55013 Paul W. Teske 1806 No.Broadway Stillwater, Mn. 55082 Excavators New General Contractor New r United States Bench Corp. Miscellaneous Applications Renewal J.L.H. Inc. John's Bar 302 South Main 1992 Regular On-Sale Liquor Licenses Renewal Street Trump's Grill & Bar 317 South Main Street Renewal Dock Cafe 425 East Nelson Street Renewal St. Croix Club Bar & Restaurant, Inc. 423 South Main Street Renewal The Lowell Inn 102 North Second Street Renewal Brine's, Inc. 219 South Main Street Renewal Pleasure's At Oak Glen Oak Glen Country Club 1599 MckUsick Road Renewa 1 ("' 7 r Stillwater City Council Minutes December 3, 1991 Recessed Meeting Cat Ballou's 110-112 North Main Street Renewal J.L.H. Inc. John's Bar 302 Main Street 1992 Sunday On-Sale Liquor Licenses Renewal Trump's Grill & Bar 317 South Main Street Renewal Dock Ca fe 425 East Nelson Street St. Croix Club Bar & Restaurant, Inc. 423 South Main Street Renewal Renewal The Lowell Inn 102 North Second Street Renewa 1 r Brine's, Inc. 219 South Main Street Renewal Pleasure's At Oak Glen Oak Glen Country Club 1599 MckUsick Road Renewal Cat Ballou's 110-112 North Main Street Renewa 1 1992 Cigarette Licenses St. Croix Club Bar & Restaurant 423 South Main Street Re newa 1 Pleasures at Oak Glen 1599 McKusick Road Renewal Cat Ball ou' s 112 North Main Street Renewal Trump's Deluxe Grill & Bar 317 South Main Street Renewa 1 The Lowell Inn 102 North Second Street Renewal r 8 r Stillwater City Council Minutes December 3, 1991 Recessed Meeting Brine's, Inc. 219 South Main Street Renewal River Oasis Cafe 806 South Main Street Renewal COUNCIL REQUEST ITEMS Chamber of Commerce Centennial Year Motion by Councflmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution honoring the Stillwater Chamber of Commerce on their Centennial year. (Resolution No. 91-235) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson.' Nays - None r Cits of Stillwater ses~uicentennial Committee Motion y Councllmember Op elm, seconded by Councilmember Funke to formally declare 1993 as the City's sesquicentennial year and to appoint Anita Buck to chair a committee and work with the Historic Preservation group for the City's sesquicentennial celebration. (All in favor). Certificate of ~preciate Honoring Mark W. Junker Motion by Councilmember Funke, seconded by Councilmember Bodlovick to award a Certificate of Appreciation posthumously to Mark W. Junker for his many good citizen efforts in serving the community of Stillwater. (All in favor). STAFF REPORTS (continued) Clty Coordinator Settin~ a Public Hearing for Ward Boundary Lines Mr. Krlesel reported that the Charter Commfsslon will be having a televised public hearing on February 26, 1992 on the Ward boundaries. Council concurred with this plan. Executive Session - Dec. 4, 1991 Mr. Krlesel requested an Executlve Session with Council after the Special Meeting on December 4, 1991 to discuss labor contract negotiations and Council concurred. ADJOURNMENT Motlon by Councilmember Bodlovick, seconded by Council member Funke to recess the meeting at 8:45 P.M. (All in favor). r 9 r (""'. , r Stillwater City Council Minutes December 3, 1991 Recessed Meeting ~~~ ATTEST: M~ ~ I CITY CLry Resolutions: No. 91-231 - Directing Payment of Bills. No. 91-235 - Honoring the Chamber of Commerce on their Centennial Year. No. 91-236 - Resubdivision at 310 No. 2nd St., BARK Properties. No. 91-237 - Minor Subdivision at 1020 So. 5th St., Ga10witz. 10