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HomeMy WebLinkAbout1991-02-05 CC MIN r' r c REGULAR MEETING STILLWATER CITY COUNCIL MINUTES February 5, 1991 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim (arrived at 4:40 P.M.) and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Parks Supervisor Thomsen Public Works Director Junker Public Safety Director Mawhorter Building Official Zepper City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: None STAFF REPORTS 1. Public Safety Director Teen Center Patrol Mr. Mawhorter briefly discussed the budget for police services performed at the Teen Center and that there will be a minus in this budget this year. 2. Public Works Director - SOCM ~Junker stated he has received a request from SOCM (Support Our Country's Military) to place yellow ribbons near both entrances to the City, City Hall and possibly the gazebo downtown. Mayor Abrahamson said he will address this item at the evening meeting. 3. Community Development Director Special MeetIng on February 26, 1991 Mr. Russell requested that a workshop meeting be scheduled for February 26, 1991, at 4:30 P.M. to discuss the purchase of the Glacier Park land near downtown and also a request from Bruce Olson, Pierce Industries for City assistance. Council concurred with the request for this meeting. 4. Parks Su~ervisor - Warming ouses closed during Warm Weather 1 ~ Stillwater City Council Minutes Regular Meeting February 5, 1991 Parks Supervisor Thomsen reported that the Warming Houses will be closed for a short time until the colder weather returns. r A short discussion followed regarding snowmobiles running through the parks. No action taken. 5. Consulting Engineer - Benson Farm Mr. Moore updated Council on the discussion held with the developer of this property regarding the Brick Street Lift Station. It was stated that fifteen homes could come into this station since the capacity of the Lift Station has been increased and the Croixwood Development has been diverted to the ~rtle Street Station. Mr. Moore further elaborated on this item. It will be discussed further at the evening meeting with the developer. (Councilmember Opheim arrived). 6. Fire Chief - No report. 7. City Attorney - Charitable Gambling Mr. Magnuson presented a letter to Council outlining two methods of dealing with groups requesting gambling licenses for City establishments. The Council will make a decision on this at the evening meeting. 8. City Clerk - Dptiscan Voting EqUisment Survey Ms. Johnson presente a survey to ascertain Council's wishes regarding the purchase of Optiscan voting equipment. Council is not interested at this time. Le islative Town Meetin - March 19, 1991 lty er Jo nson announce t at tate enator Laidi9, and Representatives McPherson and Swenson will hold a Town Meeting in the City Hall starting at 6:00 P.M., March 19, 1991 and will also be at the 7:00 Meeting of the City Council. Food Shelf - Ms. Johnson reported that Press On is again initiating competition, March 11 - 22, 1991 among various businesses, of which the City is included, to generate donations to the St. Croix Valley Food shelf. Re9uest for Garbage Waiver ThlS WIll possibly be discussed at the evening meeting after some income guidelines can be reviewed. r 2 (' Stillwater City Council Minutes Regular Meeting February 5, 1991 to a term ending January 31, 1993, r 9. City Coordinator - Attendance of Civil Defense Director a Conference Motion by CounCllmember Opheim, seconded by Councilmember Funke to authorize the attendance of Civil Defense Director Murphy at the Governor's Natural Disaster Conference. (All in favor). Buildin~ De~artment Staffing/Professional Development DiscussIon ollowed regarding Building Department Staffing including a mutual aid agreement with Oak Park Heights and Lake Elmo. Mr. Ma9nuson will draft an agreement to cover this item. Consulting Engineer (Continued) Benson Farm Development Mr. Moore stated he has discussed the connection of the watermain with Dennis McKean of the Water Dept. Also, meetings will be held with the neighborhood on this issue. Comm. Dev. Director Russell initi ated di scussion of the improvements for Pine Tree Trail and the "hammerhead turn-around" which the Developer does not want to include. Sewer Bill Adjustments Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve two requests for sewer bill adjustments, faulty water softener and leaky toilet, and deny one request, "1989" sewer charges which were certified to County in "1989", as recommended by"the Finance Director. (All in favor). RECESS Motion by Councilmember BodlovicK, seconded by Councilmember Funke to recess the meeting at 5:20 P.M. (All in favor). It/~ ~~ ATTEST: ItA. I /~~~-'-~ (' 3 n n n RECESSED MEETING STILLWATER CITY COUNCIL MINUTES February 5, 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 Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Plan. Comm. Chair Fontaine Public Works Director Junker Public Safety Director Mawhorter City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Dennis McKean, Carmen Craig, Don Broman, John Hughes, Terri Gallas, Steve Fiterman, James Lund, Katherine Francis, Jay Michels, James Lund, Neal Skinner, Richard Kilty, Wayne Brady, Ralph Bates. APPROVAL OF MINUTES MotIon by Councllmember Farrell, seconded by Councilmember Opheim to approve the minutes of the following meetings: Special Meeting of Jan. 3, 1991, Regular Meeting of Jan. 8, 1991, Special Meeting of Jan. 9, 1991, Regular Meeting of Jan. 15, 1991, and Special Meeting of Jan. 22, 1991. (All in favor) . INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. SDCM - Re uest to D1S lay Yellow RIbbons Motion y ounCl me er 0 ov c , secon e y Councilmember Funke to approve the request of SOCM (Support Our Country's Military) for the placement of yellow ribbons at the entrances to the City and outside City Hall. (All in favor ). 2. Re uest from Lake Elmo Ja cees to conduct a Gamblin 0 eration at the ar our ar, o. wens , John Hughes, 43 Bertha Ct., Mahtomedi, representing the Lake Elmo Jaycees, was present to explain the request to operate at the Harbour Bar. He further stated they have conferred with the Stillwater Jaycees who do not wish to run a charitable gambling operation. Also, they will agree to pay 1 (\ Stillwater City Council Minutes Recessed Meeting February 5, 1991 ten per cent of their profits to a special fund that is administered by the City for lawful purposes within the City. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the request of the Lake Elmo Jaycees for a pull-tab operation at the Harbor Bar on North Owens St., with a City requirement that ten per cent of the profits be paid to a special fund to be used for lawful purposes within the City. (Resolution No. 91-18) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 3. r Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 4. A man who owns rental property in the City and whose taxes are $1,200 a unit for a duplex, inquired what the property taxes would be for these units. The response was $500. City Attorney Magnuson stated this type of housing is exempt from real estate taxes, but the City imposes a service charge. Richard Kilty, 118 West Oak St., stated this is the second piece of property the Council has taken off the tax rolls in the past six months. He further inquired about the Linden Nursing Home taxes. Mr. Magnuson stated their share is approximately $7,500. Re uest to conduct Anti ue Boat Show. armen ralg was presen to exp aln is plan for a boat show on the riverfront July 11 - 14, 1991. He expressed some concerns regarding the proposed redevelopment of the downtown area. Consulting Engineer Moore explained the plans for redevelopment, stating the entire downtown area would not be closed off, but there may be some obstacles. Mr. Craig stated the DNR has approved his request and he will be talking to the Army Corps of Engineers also. Councilmember Opheim stated the Park and Recreation Commission would also like to review Mr. Craig's plan. (' 2 r, r r', \ Stillwater City Council Minutes Recessed Meeting February 5, 1991 Motion by Councilmember Opheim, seconded by Councilmember Funke to give conceptual approval of the request of Carmen Craig for an Antique Boat Show in Lowell Park in July; recolllllE!nding that Mr. Craig appear before the Park and Recreation Commission to address their concerns. (All in favor). PUBLIC HEARINGS 1. ThIs is the day and time for the Public Hearing to consider a Variance to the setback requirements for the placement of a 40 sq. ft. sign, two ft. from the property line (15 ft. required), located at 1825 Curve Crest Blvd. in the BP-O, Business Pk. Office Dist., Curve Crest Partners, applicant. Case No. V/91-1. Notice of the hearing was published in The Courier on January 17, 1991 and mailed to affected property owners. Mr. Russell explained that the applicant is requesting to place a 40 sq. ft. sign two ft. from the property line and approximately 12 ft. from Curve Crest Blvd. The building at 1825 Curve Crest Blvd. presently does not have signage for its tenants and this sign will be the only one. Mr. Fontaine stated the Planning Commission approved the request with one concern -- that the light from the sign should not hinder drivers coming down the street. Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve a Variance to the setback requirements for the placement of a 40 sq. ft. sign, two ft. from the property line (15 ft. required), located at 1825 Curve Crest Blvd. in the BP-O, Business Pk. Office Dist., as conditioned, Curve Crest Partners, applicant. Case No. V/91-1. (All in favor). 2. This is the day and time for the Public Hearing to consider a Special Use Permit to conduct a coffee & tea room on the second floor of an existing building at 120 No. Main St., in the CBO, Central Business Dist., Katherine B. Francis, applicant. Case No. SUP/91-2. Notice of the hearing was published in The Courier on January 17, 1991 and mailed to affected property owners. Mr. Russell explained that Ms. Francis wishes to conduct a coffee and tea room on the second floor of an existing building in the downtown area. A sign plan is required for the whole building which will also have office space and no amplified loud music. Mr. Fontaine stated the request was approved by the Planning Commission. Jay Michels, 118-1/2 North Main St., expressed concerns regarding control of noise in the building and limiting hours of operation. Ms. Francis responded that the hours of operation will be approximately 10:00 A.M. to 8:00 P.M. Mr. Russell stated that one of the conditions is that there be no amplified music. Mr. Michels also stated he was not notified of the 3 r', r (' Stillwater City Council Minutes Recessed Meeting February 5, 1991 hearing. It was explained that he is not listed at this time as a property owner on the tax rolls. He will be notified in the future. Mayor Abrahamson closed the public hearing. Council discussed adding another condition that this case be reviewed upon complaint. Motion by Councilmember Opheim, seconded by Councilmember Funke to approve a Special Use Permit to conduct a coffee & tea room on the second floor of an existing building at 120 No. Main St., in the CBD, Central Business Dist., as conditioned and adding another condition that the permit shall be reviewed upon complaint, Katherine B. Francis, applicant. Case No. SUP/91-2. (All in favor ). 3. This is the day and time for the Public Hearing to consider a Variance and Special Use Permit for the construction of a garage addition on an existing substandard structure (one foot seven inches from the property line, thirty foot setback required) for a residential use in an accessory structure at 115 North Harriet St. in the RB Two-Family Residential Dist., James Lund, applicant. Case No. SUP/V/9D-73. Notice of the hearing was published in The Courier on January 17, 1991 and mailed to affected property owners. Mr. Russell explained the applicant is requesting to add a second story to an existing three stall garage in order to construct a family room. Also, the lot is substandard regarding setback and the ordinance does not allow living space over garages. This case was scheduled twice before the Planning Commission but the applicant never appeared and after the second time, the Planning Commission denied the request. Mr. Lund was present at this meeting and apologized for not attending the meetings. He stated there will be no plumbing placed in the building and it will be used strictly for storage and playroom for his children. Council discussion included that Mr. Lund should present his case to the Planning Commission so they can make a recommendation to Council. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to continue the hearing for a Variance and Special Use Permit for the construction of a garage addition on an existing substandard structure (one foot seven inches from the property line, thirty foot setback required) for a residential use in an accessory structure at 115 North Harriet St. in the RB Two-Family Residential Dist., until the March 19, 1991 Council Meeting after the applicant has appeared before the Planning Commission on March 11, 1991, James Lund, appl icant. Case No. SUP/V/90-73. (All in favor). UNFINISHED BUSINESS 4 r Stillwater City Council Minutes Recessed Meeting February 5, 1991 r 1. Clarification of conditions for a Major Subdivision of an 88.5 acre site ~Benson ~arm); and Planned Unit Develo ment, Preliminar Plat A roval, or a unIt sIn e- aml y res entla su VIS on enson arm, round Deve 0 ment, a lcant. ase o. r. usse summarIze t e request. lty ta an t e Consulting Engineer have met with the Developer and his Engineer. The Brick St. Lift Station and well site, method of payment for Pine Tree Trail, sideyard setbacks for residential units, park dedication and the Lily Lake pathway were discussed. Also included was buffering for the Industrial Park area. Mr. Russell stated the Developer would like to see some moderation of some of the conditions of approval. Consulting Engineer Moore updated Council on the sewer problems, i.e. the Brick St. Lift Station could accept 15 homes into its system and other undeveloped properties could also be added for a total of 25 homes. Richard Kilty, 118 W. Oak St., stated the size of the lots is substandard and the Council has never approved a substandard lot. If this is approved the Council will be breaking form with the Zoning Ordinance. Neal Skinner, owner of Industrial Park property, restated concerns in his letter of January 28, 1991 by saying he doesn't think the screening is conducive to industrial development. Wayne Brady, Attorney and Real Estate Broker representing the Benson family, spoke regarding the size of the lots. The plan calls for a mixed use and is 100~ single family. They could have chosen to put in a multi-family development. Mayor Abrahamson closed the public hearing. Council and Staff discussion followed regarding substandard lots and requests for variances at a future date, buffering between the development and industrial park land and choice for housing opportunities in the area. Mr. Fiterman addressed three conditions -- the Brick St. Lift Station, well site and setbacks. He would like to bring 15 homes into the Brick St. Lift Station, he would transfer title for well site land within 90 days of commencement of building instead of now, and they need the flexibility of setbacks for their building plan. Mr. Fiterman stated he would like to work with the City Attorney on wordage for conditions regulating the park dedication requirements. Neal Skinner asked whether the park location could be changed. Also the Park and Recreation Commission could give insight on this. Council discussion of conditions included that no more than 15 homes be added to the Brick St. Lift Station and that the Developer be required to notify neighbors that Industrial Parkland lies to the south of the project. r 5 J r Stillwater City Council Minutes Recessed Meeting February 5, 1991 Council would also like to secure title to the parkland at the beginning to secure the project. Discussion followed regarding the turn-around on Pine Tree Trail. After a lack of consensus between the City and the Developer, Mr. Fiterman stated he would pull off the two lots on Pine Tree Trail. Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to approve the Planned Unit Development, Preliminary Plat and Major Subdivision of an 88.5 acre site (Benson Farm), with the removal of two lots on Pine Tree Trail from the plat; including the fifteen conditions and the understanding that the Developer will work with City Attorney Magnuson regarding the parkland. Ayes - 4; Nays - 1, Councilmember Farrell. Council recessed for ten minutes and reconvened at 9:30 P.M. 3. EMS Delegate AP~ointment. Council referre this item to the Fire Department for a recommendation by the next meeting. r NEW BUSINESS 1. EstablIshment of "No Wake" Zone. Mr. Kriesel explained the:request for a "No Wake" policy by Mr. Craig. Ralph Bates, representing the Board of Directors.for the Dock Ass'n., stated they would also support this policy since the river has heavy use. Enforcement of the policy was also discussed. Motion by Councilmember Opheim, seconded by Councilmember Funke to refer the "No Wake Zone" issue to the Port Authority with instruction that they make a recommendation to the Council before April 15, 1991. (All in favor). 2. Pro osed Interim Waterfront Usa e POlicy. r. rlese exp alne t sInter m po ICY is proposed in order to alleviate the burden on space and parking areas due to the construction in the downtown area this coming summer. It would not allow any docks to be constructed on either public or private property, no Wharfage Permits shall be issued, the public waterfront shall be used for short term docking only of transient boats. The fees charged for existing wharfage and docking permits shall be reviewed annually. A man representing the Lady Chateau charter boat stated they have had a Wharfage Permit before and would like to continue this practice. They r 6 " r Stillwater City Council Minutes Recessed Meeting February 5, 1991 have no permanent dockage, but need a place to pick up and unload passengers. Other alternatives were suggested and the gentleman will make other contacts. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the Interim Waterfront Usage Policy, including the five conditions, as recommended by the City Coordinator. (All in favor). 3. Dock Permit Transfer. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the transfer of the DNR Dock Permit to the St. Croix Boat & Packet Co. (All in favor). 4. Approval of 1991 City Dock Permit for St. Croix Boat and Packet Co. Motion by Counci1member BOdlovick, seconded by CounCllmember Funke to approve the 1991 Dock Permit for the St. Croix Boat & Packet Co. with a fee of $2,500. (All in favor). o CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve the Consent Agenda of February 5, 1991, including the following: (All in favor). 1. Resolution Directing Payment of Bills (Resolution No. 91-16) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. The following Contractors Licenses: Brick 'n Stone Creations Masonry & Brick Work New 5829 Russell Ave. So. Minneapolis, Mn. 55410 General Sprinkler Corp. 433 E. Little Canada Road St. Paul, Mn. 55117 Fire Protection Systems Renewal D. M. Hawkinson Home Imp. 4891 Olson Lk. Trail Lake Elmo, Mn. 55042 General Contractor Renewal L. A. Construction 215 W. ~rtle St. Stillwater, Mn. 55082 Thompson Plumbing Corp. 15001 Minnetonka Indus. Rd. Minnetonka, Mn. 55345 General Contractor Renewal General Contractor Renewal n 7 r Stillwater City Council Minutes Recessed Meeting February 5, 1991 COUNCIL RE~UEST ITEMS , Remova of excess si na e in Downtown Area. Motion y ounc me er un e, secon e y ouncilmember Opheim to take down 'the excess signage in the Downtown Area by the Public Works Dept. as time permits. (All in favor). COMMUNICATIONS/FYI 1. F. R. Weiser - Resi nation from Downtown Action Committee. :Motion y ounc me er 0 OV1C, secon e y ounCl me er Opheim to accept !Mr. F. R. Weiser's resignation from the Downtown Action Committee and send a 'thank you letter to him for his contribution to the Downtown Planning and Action Committees. (All in favor). 2. a. r Fi nanci a 1 for STAFF REPORTS (continued) CommunIty Development Director - Vacancy on Downtown Plan Action Committee Mr. Russell stated that sInce the resIgnation of Bob Weiser was accepted, a replacement should be made. Council asked for a reconmendation frOID the Committee. City Coordinator - , Employment of Zamboni o~erator ~otion by CounCllmember Bod ovfck, seconded by Councilmember Farrell to adopt ~he appropriate resolution approving the employment of Pat Arney as part-time ~amboni Operator at Lily Lake Ice Arena. (Resolution No. 91-20) ~es - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None r 8 r Stillwater City Council Minutes Recessed Meeting February 5, 1991 Re9uest for Garbage Waiver ThIs item will be discussed at the meeting on February 12, 1991. ADJOURNMENT MotIon by Councilmember Farrell, seconded by Councilmember Funke to adjourn the meeting at 10:20 P.M. (All in favor). ATTEST: Resolutions: No. 91-16 - Directing Payment of Bills. No. 91-18 - Approval of Pull-Tabs for Lake Elmo Jaycees for Harbour Bar. No. 91-19 - Approval of Agreement with Wash. Co. HRA for "Payment in Lieu of Taxes" . No. 91-20 - Employment of Pat Arney as Zamboni Operator. r r 9