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HomeMy WebLinkAbout1989-10-17 CC MIN ~ REGULAR MEETING STILLWATER CITY COUNCIL MINUTES October 11, 1989 1:00 P,M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Absent: None Press: City Coordinator Kriesel City Attorney Magnuson Publlc Works Director Junker Consultlng Engineer Moore Public Safety Director Mawhorter Fire Chief Seim Comm, Dev. Director Russell City Clerk Johnson Mike Marsnick, Stillwater Gazette Julie Kink, St,Croix Valley Press Also Present: o Mr. & Mrs. Alan Rousseau, Maurice Stenersen, Joan Traver, Harold Teasdale, Molly Shodeen (DNR), Robert Vockrodt, Jim Watson, Dan McGuiness (Boundary Waters Comm.), Mr. Parker (Sch. Dist. 834). APPROVAL OF MINUTES - Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the minutes of the following meetings: Special Meeting of Sept. 26, 1989, Special Meeting of Sept. 21, 1989 and Regular & Recessed Meetings of Oct. 3, 1989. (All in favor). Others: INDIVIDUALS DELEGATIONS & COMMENDATIONS 1. Mayor Abrahamson welcomed Scout Troop No. 98 to the meeting. 2. Commendation of Maurice Stenerson, (Resolution No, 8168). .Community Development Director Russell presented a Certificate of Appreciation to Maurice Stenerson commending him for his hours of service given to the Heritage Preservation Commission and Downtown Plan Action Committee. 3. Joan Daniels Historical Museum on No. Main St. - Concerns re ardin the messl Sl ewa , stone wa an cave. Ms. Daniels requested that discussion of this item be cancelled, r 1 r Stillwater City Council Minutes October 11, 1989 Regular Meeting 4. Joan Travers - Request for dates for 1990 Stillwater Art Fairs in Lowell Park, Ms. Travers requested the use of Lowell Park for art show festivals on May 19 & 20, 1990 and Oct. 6 & 1, 1990, the hanging of banners three weeks before the events and free parking for exhibitors. She further stated they wlll use only the south side of the park, Council stated they would consider the request for free parking for exhibitors at a later date after further discussion of the parking issue in the downtown has been completed. Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve the dates for the Rivertown Art Fair of May 19 & 20, 1990; the Fall Colors Art Fair on Oct. 6 & 1, 1990; the hanglng of banners on Main St. three weeks prior to the art fairs; and the concept of free parking for exhibitors. (All in favor), 5. is item until o 6. Jim Watson - "Taste of the vallef Festival" Mr, Watson was not present at th s time and Council tabled this item until later in the meeting. STAFF REPORTS 1. Fire Chief - Appointment of Jim Stevensen to Ass't, Fire Chief Council and Staff discussed the issues involved in promotion of an individual from a union position to a non-union position, i,e. holidays, sick leave, etc. City Coordinator Kriesel recommended a separate employment agreement be drafted to cover these items and thls will be presented at the next meeting. Motion by Councllmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution appointing Jim Stevensen to the position of Ass't. Fire Chief effective Oct. 11, 1989, (Resolution No, 8183) Ayes - Councilmembers Bodlovlck, Farrell, Klmble, Opheim and Mayor Abrahamson. Nays - None Purchase of CPR Equi~ Motion by Councilmember BOOTOvick, seconded by Councilmember Farrell to approve the purchase of CPR equipment for CPR classes to be conducted by the Fire Dept.; and a letter of thanks to be forwarded to the Stillwater Elks for their donation of funds towards this purchase, (All in favor). r 2 r Stillwater City Council Minutes October 11, 1989 Regular Meeting (All in 2. Public Works Director - ~ Sign at Walnut Creek Dr, & Neal Ave. Motionlby Councilmember Klmble, seconded by Councilmember Opheim to adopt the appropriate resolution placing a stop sign at the intersection of Walnut Creek Drive and Neal Ave. (Resolution No. 8184) (' Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None "No Parking" Sign on Commercial Street Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution placing a "No Parking" sign near 233 Commercial St. (Resolution No. 8185) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None p~ent for Dama~e to Truck - David Kohanek Motion y Councilmem er Kimble, seconded by Councilmember Opheim to authorize payment of $100 to David Kohanek for damage to his truck from Public Works repair to the street by an air compressor. (All in favor). Purchase of Kroy Lettering Machine Motion by Councilmember Opheim, seconded by Councilmember Kimble to authorize the purchase of a Kroy lettering machine for the Public Works Dept. at a cost of $600. (All in favor). p~ent for Repair of Public Works Truck Motion y Councilmember Kimble, seconded by Councilmember BQdlovick to authorize payment of $15,882,21 to the prison for repair of the 1985 Ford Dump Truck for the Public Works Dept, (All in favor). Award of Bid for Public Works Loader Motion by Councilmember Farrell, seconded by Councilmember Kimble to adopt the appropriate resolution authorizing the award of bid for a new loader for (' 3 (' Stillwater City Council Minutes October 11, 1989 Regular Meeting the Public Works Dept. to Case Power and Equlpment in the amount of $12,260, (Resolution No. 8186) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Sale of Pum~ to Ronald Pizin~er Motion by Counc lmember Bodlovic , seconded by Councilmember Farrell to authorize the purchase of a City pump by Ronald Pizinger at 2803 Interlachen Dr. in the amount of $1,080 spread over five years. (All in favor), 3. Public Safety Director - No Report. Discussion of Ass't, Police Chief Council and Staff discussed creating this position, in concept, for the Police Dept. Chief Mawhorter will research this item and present a report to Council. n INDIVIDUALS & DELEGATIONS (Continued) 6. "Taste of the Valley. Festival Jim Watson, who has been retained by the Downtown Council, explained the plans for this event, which is proposed to be held on June 9 and 10, 1990 in Lowell Park. He stated they would provide for electricity, clean-up and security, Council advised Mr, Watson to contact the Parks & Recreation Board for their approval. Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve the use of Lowell Park for the "Taste of the Valley" fest i val on June 9 and 10, 1990 contingent on approval of the Parks & Recreation Board. (All in favor). PUBLI C HEARl NGS 1. This is the day and time for the public hearing to consider a Special Use Permit for an addition to Lily Lake Elementary School with a Variance to corner sideyard setback requirements (thirty ft. required, nineteen ft., six in. provided), Ind. Sch, Dist. 1834, Applicant, Case No, SUP/V/89-10, Notice of the hearing was published in the Stillwater Gazette on Oct. 11, 1989 and sent to the affected property owners. Community Development Director Russell explained the Special Use Permit is for an addition to Lily Lake Elementary School with a Variance to the corner sideyard setback requirement (thirty feet required. nineteen feet, six inches provlded). This additlon would provide a mag-six classroom plus gymnasium. Additional parking will also be provided. The Planning Commission recommended approval with conditions for parking and Building Code requirements, Mayor Abrahamson closed the public hearing. r 4 , I, ~ Stillwater City Council Minutes October 11, 1989 Regular Meeting ~ Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve a Special Use Permit for an addition to Lily Lake Elementary School with a Variance to corner sideyard setback requirements for Ind. Sch. Dist. 1834, Applicant, as conditioned, (All in favor). 2. This is the day and time for the public hearing to make a determination of visual conspicuousness (as viewed from the St, Croix River) of an addition/alternation of an existing single family residence located at 120 Lakeside Drive in the Riverway Bluffland/Shoreland Dist., Alan Rousseau, Applicant. Notice of the hearing was published in the Stillwater Gazette on October 6, 1989 and sent to the affected property owners. Mr, Russell presented pictures and a videotape taken of the Rousseau house from various points on the St. Croix River during the summer months. Jackie Marshall, a resident of Croixwood, stated all homes as viewed from the river look to be about the same degree of conspicuousness and doesn't view the Rousseau house as being conspicuous. She stated the Council could make better use of their time than studying this issue. Mayor Abrahamson advised Ms. Marshall that the Council has to hold this hearing to satlsfy other governmental agencies, Steve Ordahl stated he viewed this house from the river and said he could not tell which house was the Rousseau's. Furthermore, there other structures which are more conspicuous, such as the Freighthouse. Molly Shodeen, representing the Dept. of Natural Resources, distributed pictures taken of the Rousseau residence from the river and on land, She stated the DNR position is that the house is visually conspicuous from the river, and they have concerns regarding the deck addition and shoreline grading, Dan McGuinness, representing the Minnesota/Wisconsin Boundary Area Commission, stated they feel the house is easily seen from the river. Jackie Marshall stated they have friends who come to Stillwater to view the beautiful homes on the river and feel this issue is not worth the time it is being awarded. Dennis Kluy stated the deck should be no problem because it was not built closer to the river than the original and the house is not conspicuous. Shelly Thompson, Croixwood, agrees that the house does not stand out in front of anything else. r 5 ~ Stillwater City Council Minutes October 17, 1989 Regular Meeting Alan Rousseau, owner of the house, stated someone made arbitrary rules at an earlier date -- size does not dictate the beauty of a structure and this arbitrary rule takes away the rights of others and ls discrimlnatory. Mayor Abrahamson closed the public hearing, Council commented that this hearing is being held because of other governmental agency concerns, the intent is to protect the river from extreme deterioration, the wild and scenic river designation was declared after the river was developed, and the public has not complained about this structure, Some questions were asked about construction of the deck and the sand that was added to the beach. Mr, Rousseau stated he did not know he needed a permit to add sand -- he used the type approved by the DNR, o Councilmember Farrell stated the conspicuousness is a judgment call and he is not confident in just viewing a tape -- perhaps it would be less conspi~uous if viewed from the river. Motion by Councilmember Kimble, seconded by Councilmember Opheim to determine that the alteration and expansion of an existing single family residence located at 120 Lakeside Dr, in the Riverway Bluffland/Shoreland Dist" Allen Rousseau, Applicant, ls visually inconsplcuous; and directing City Staff to prepare findings of fact to be adopted at the Nov. 7, 1989 meeting, (Ayes- 3; Nays - 1, Councilmember Bodlovick; Abstain - 1, Councilmember Farrell), Mr, Russell explained that a variance is required to size requirements over 1,000 sq, ft. for a garage. Also, Mr, Vockrodt did not receive a grading permit for the 200 yards of fill he removed, When asked, Mr. Vockrodt stated the second floor of the garage would be used for storage only, Dlscussion followed regarding dralnage, Motion by Councilmember Kimble, seconded by Councilmember Opheim to continue the discussion regarding the request of Robert Vockrodt, 418 South Slxth St. for a Variance to construct a garage and directing Staff to prepare a report for the Oct. 24, 1989 Special Meeting on this request. (All iq.favor). 0.. , . 6 ~ Stillwater City Council Minutes October 11, 1989 Regular Meeting PUBLIC HEARINGS (Continued) 3. This is the day and time for the public hearing to consider the making of an improvement for Cottages of Stillwater, Phase III in an area bounded by Washington Co. Rd. 5 on the west, W. Orleans St. on the south, Cottage Dr. on the east and extending northerly to include Lot 1, Block 2, Cottages of Stillwater and consistlng of a temporary lift station, sanitary sewer and appurtenances, (L.I, 256) Notice of the hearing was published in the Stillwater Gazette on Oct. 6 & 13, 1989 and sent to affected property owners. Mayor Abrahamson stated the owners of the Erickson Post could not be at the meeting, but are in favor of the project. Mayor Abrahamson closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Opheim to adopt the appropriate resolution ordering the improvement and directing the Engineer to prepare plans and specifications for L.I. 256, Cottages of Stillwater, Phase III, temporary lift station and sanitary sewer. (Resolution No. 8181) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None ~. 4. This is the day and time for the public hearing and possible second reading of a Zoning Ordinance Text Amendment for the life of Special Use Permits and Varlances, City of Stillwater, Applicant. Case No, ZAT/89-6. Notice of the hearing was published in the Stillwater Gazette on October 6, 1989. City Attorney Magnuson explained this ordinance determines when these permits will expire unless substantial physical improvement has been made to the property in reliance on the permit, Mayor Abrahamson closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Farrell to have a second reading and enactment of an Ordinance amending the City Code as it relates to the life of Special Use Permits and Variances. (Ordinance No. 110). Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None UNFINISHED BUSINESS r 1 f' Stillwater City Council Minutes October 11, 1989 Regular Meeting 1. Possible second reading of an Ordinance to amend open burning restrictions, Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to have a second reading and enactment of an Ordlnance amending the City Code as it relates to open burning restrictions. (Ordlnance No. 111). Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Possible second reading of an Ordinance relating to a new Parks Policy. (Case No. ZAT/89-1). Motion by Councilmember Kimble, seconded by Councllmember Opheim to second reading and enactment of an Ordinance amending the City Code relates to a Park Dedication Policy. (Ordlnance No, 112) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Dedication have a as it f' 3. Possible second reading of Ordinance amending the Zoning Map to rezone Lots 4 & 5 (currently aesi~nated 6 & 1) of Dallaver's Estates from RB, Two Famil~ Residentlal to RA, ingle Family Resident al. (Case No, ZAM/8 -43). Motlon by Councilmember Kimble, seconded by Councllmember Farrell to have a second reading and enactment of an Ordinance amending the City Code as it relates to amending the Zoning Map from RB Duplex to RA Single Family in the area known as the Dallager Estates. (Ordinance No, 113) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 4, Re ort & recommendation on urchase of Lind ro ert at corner of Mulberr econ tree s. Mr, Russell presented a report on the meeting with Mr, Lind and the proposed purchase agreement. Mr, Magnuson further explalned the "Contract for Deed" adding that this instrument creates a tax exempt municipal obligation and would be exempt from State and Federal income taxes because it is for a public purpose. Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate resolution authorlzlng the purchase of the Llnd property at No. Second & Mulberry Streets under the terms & conditions as outlined by Staff and further authorizing execution of the agreement. (Resolutlon No, 8188) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson, Nays - None (' '- 8 (' Stillwater City Council Minutes October 11, 1989 Regular Meeting valuation for Parcel 110200-2450, . application and decided to take no CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the Consent Agenda of October 11, 1989 as follows: (All in favor) 1. Resolution Directing pa~ent of Bills, (Resolution No. 8182) Ayes - Councilmembers Bodlov ck, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Contractor's Licenses. Joseph E, Nasvik Box 228 Stillwater, Mn. 55082 General Contractor New (' Mike Rygh Homes, Inc. 2154 Hastings Ave. Newport, Mn. 55055 Spraungel Construction, Inc, P,O, Box 146 Loretto, Mn. 55351 3, Set Public Hearing Date of November 1, 1989 for the following Planning Cases: a. Case No. SUP/89-68 - Special Use Permit to conduct a retail craft business in a home at 404 W. Churchill St" located in the RB, Two Family Residential Dist., Cheryl Larson & Gretchen Anderson, Applicants. b, Case No. SUB/89-69 - Preliminary Plat Approval for the subdivision of a 14.963 acre parcel (Outlot B, Parcel 3, Stillwater Industrial Park) into seven lots on the Northeast corner of Curve Crest Blvd. and Washington Ave. in the IP-I, Indus. Pk. Indus. Dist" Prime Site, Inc., Applicant. c, Case No. ZAT/89-8 - Zonlng Text Amendment for a new comprehensive Parklng Ordlnance for the entlre City of Stillwater, City of Stillwater, Applicant. General Contractor New Masonry & Brick Work New COUNCIL REQUEST ITEMS (' , 9 ~ r r Stillwater City Council Minutes October 17, 1989 Regular Meeting ~pointment of Mar~ Adrian to Joint Cable Commission. Motion-by Councilmember arrell, seconded by Councilmember Kimble to reappoint Mary Adrian as an Alternate to the Joint Cable Commission. (All in favor). Repair of A~~aratus for Hangin9 of Banners in Oowntown Area Motion by Counc member Opheim, seconded by Councilmember Kimble directing Staff to evaluate and recommend corrective action for the apparatus used for hanging banners on Main Street. (All in favor). STAFF REPORTS (Continued) City Coordinator ReCtCling Bonus Funds Aereement with County Motion y Councilmember Kim le, seconded by Councilmember Farrell to adopt the appropriate resolution approving the agreement between the City of Stillwater and Washington County as it relates to the 1989 Recyclin9 Bonus Funds Agreement with Washington County. (Resolution No. 8189) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None , ~ity Attorney Krogstad Annexation Mr. Magnuson stated Stillwater Township has withdrawn any objections to this annexation if the City would agree to a tax-sharing agreement. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving the agreement between the City of Stillwater and Stillwater Township regarding tax sharing as it relates to the annexation of the Krogstad property. (Resolution No. 8190) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Kimble, seconded by Councilmember Opheim to have a first reading of an ordinance for the annexation of the Krogstad property to the City of Stillwater. (All in favor), (All in Mr. Kriesel explained further regarding Change Order No.4 and the meeting with the Ernsts who were questioning some of the costs for this project. 10 ~ Stillwater City Council Minutes October 17, 1989 Regular Meeting City Coordinator (Continued) Resolution Setting BUd~et Hearings Motion by Councilmember Op eim, seconded by Councilmember Kimble to adopt the appropriate resolution setting a Budget hearing for Dec. 5, 1989 at 7:00 P.M.; and Dec. 12, 1989 at 7:00 P.M. for a reconvened hearing, if necessary. (Resolution No. 8191) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Budget Workshop Meetin~ Council will hold a Budget Workshop on Nov. 14, 1989 at 4:30 P.M. r Communication with Le~iSlators regarding Redistricting after 1990 Census Motion by Councilmember K mble,seconded by Councllmember Farrell to authorize the forwarding of a letter to the Speaker of the House and Senate Majority Leader in the Minnesota Legislature regarding placing the City of Stillwater in one Legislative District. (All in favor). City Attorney (Continued) Amending Li~uor License Ordinance Motion by Counc lmember Kimble, seconded by Councilmember Farrell to have a first reading of an Ordinance amending the Stillwater City Code as it pertains to Surety Bonds for liquor licensing. (All in favor). ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Farrell to adjourn the meeting at 10:20 P.M. to Executive Session. (All in favor). Resolutions: No. 8182 - Directing Payment of Bills No. 81B3 - Appointment of Jim Stevensen to Ass't. Fire Chief. No. 8184 - Placement of Stop Sign at Walnut Creek Dr. & Neal Ave. No. 8185 - Placement of "No Parking" Sign on Commercial St. No. 8186 - Award of Bid for Articulated Loader for Public Works. No. 8187 - Ordering Improvement & Directing Engineer to Prepare Plans & Specs for L.I. 256, Cottages of Stillwater, Phase III. No. 8188 - Authorization for purchase of Lind property & execution of Agreement. No. 8189 - Authorizing Memo. of Agreement with Washington Co. for Recycling Bonus Funds. No. 8190 - Approving Agreement with Stillwater Township for annexation of Krogstad property. No. 8191 - Set date of Dec. 5 & 12, 1989 for Budget Hearings. r 11 r (' (' Stillwater City Council Minutes October 17, 1989 Regular Meeting Ordinances: No. 710 - Amendment to Zoning Ordinance - Spec. Use Permits & Variances. No. 711 - Amending the Open Burning Ordinance. No. 712 - Amendment to Zoning Ordinance - Parks Dedication Policy. No. 713 - Amendment to Zoning Map - Changing RB to RA (Dallager's Estates). . ATTEST: dJ~~ !lvtc~Eg-I~ 12 n RECORD OF E:XP:aITIIIE SESSION [Jaleconvened: Tuesday,October17,1'18'l Time convened: 10:20 p.m. Time adjourned: 11:00 p.m. Members present: Bodlovick, Kimble, Opheim, Farrell and Mayor Abrahamson Members absent: Non~ ALSO present: City Coordinator Kriesel, City Attorney Magnuson Purpose of I'.xecutive Session: Local 3~O agreement and update To discuss labor agreement Council on Oak Glen. proposal for Police I\.ctlontaken: Local 320 (no OlrectedCityCoordilJator action taken on Oak Glen). to continue negotiations ~ith ?olice Id:c."sL: v;;71:~jJf' J-~"J C.,LyCoordinatDr