HomeMy WebLinkAbout1991-02-05 CC MIN
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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
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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.
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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.
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Regular Meeting
February 5, 1991
to
a term ending January 31, 1993,
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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).
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ATTEST: ItA. I /~~~-'-~
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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
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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.
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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.
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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
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Stillwater City Council Minutes
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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
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Stillwater City Council Minutes
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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.
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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.
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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
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Stillwater City Council Minutes
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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).
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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
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Stillwater City Council Minutes
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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.
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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
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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.
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