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HomeMy WebLinkAbout1989-11-07 CC MIN r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES November 7, 1989 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble (arrived at 4:50 P.M.), Opheim and Mayor Abrahamson. Absent: None Press: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Public Works Director Junker Fire Chief Seim Comm. Dev. Director Russell Public Safety Director Mawhorter City Clerk Johnson Mike Marsnick, Stillwater Gazette Julie Kink, St.Croix Valley Press None Also Present: r Others: STAFF REPORTS 1. Public Safety Director Refresher Drivlne Course for Police Officers Motion by Councilmem er BOdlovick, seconded by Councilmember Opheim to approve the expenditure of $2,420.00 for 22 Police Officers to attend a refresher driving course. (All in favor). Enlar9ement of Police & Fire Dept. Parking Lot Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the plans for enlarging the parking lot in front of the Police & Fire Dept. garages at a cost of $2,000. (All in favor). Placement of Streetlight at Martha & Aspen Streets Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the placement of a streetlight on Martha St. at the intersection of Aspen St. (All in favor). Promotion of Sgt. Beberg to Captain Discussion followed regarding the creation of the Police Captain position and appointment of Donald Beberg to that position. This discussion included the amount of salary involved and comparison to the Patrol Sergeants pay which includes longevity and holiday pay. (Councilmember Kimble arrived at 4:50 P.M.) ~ 1 r Stillwater City Council Minutes November 7, 1989 Regular Meeting Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution appointing Sgt. D. Beberg to the position of Captain in the Police Dept. (Resolution No. 8198) Further discussion followed regarding the amount of salary suggested for the Police Captain position. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to table the previous motion adopting Resolution No. 8198 until Staff can research this item and report to Council at the next meeting. (All in favor). r 2. Public Works Dept. - No report. 3. Fire Dept. - Promotion of Stuart Glaser to Firefighter/Engineer Motion by Councilmember Farrell, seconded by Councilmember Kimble to adopt the appropriate resolution promoting Stuart Glaser to Firefighter-Engineer and raise his salary $.50 an hour. (Resolution No. 8195) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None First Responder Course Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the request to send eight Fire Dept. personnel to a First Responder course at a cost of $600. (All in favor). Purchase of Extra Equipment for the Rescue Squad Motion by Councilmember Farrell, seconded by Councilmember Opheim to authorize the purchase of extra equipment for the Rescue Squad at a cost of $550, to be taken from the Donations Fund. (All in favor). Possible Adoption of 1988 Fire Code Discussion followed regarding the possible adoption of the 1988 Fire Code which addressed the sprinkling of buildings. Council requested to table further discussion on this item until they can study it further. This discussion may occur at the Special Meeting on November 14, 1989. Possible Promotion of Bob Barthol and Paul Glaser City Coordinator Kriesel will review the information submitted by Chief Seim regarding these possible promotions. 4. Finance Dept. - Inspectlon of Albert Lea Software System by Finance Dept. ~ 2 r Stillwater City Council Minutes November 7, 1989 Regular Meeting Motion by Councilmember Opheim, seconded by Councilmember Kimble to authorize the Finance Director and one Staff Member to visit Albert Lea to obtain software revisions for the City Computer system. (All in favor). 5. Cit~ Coordinator Asslstance for Chamber of Commerce with Christmas Decorations Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to authorize the Fire Dept. to assist the Chamber of Commerce in putting up Christmas decorations in the downtown area. (All in favor). Discussion of Parking Lot at Laurel & Owens Streets Councll stated some complaints had been received regarding some of the businesses in this area parking their cars in this lot, but they further stated this was part of the purpose for the creation of this lot. Discussion of cutting of brush by the river A short discussion followed on this subject, including possible restriction on what can be cut down and City liability. 6. City Clerk - Appolntment of W. Ves Childs to Librar~ Board r-' Motion by Councilmember Farrell, seconded by Councilmember Bodlovick, to reappoint W. Ves Childs to the Library Board for a three-year term. (All in favor). 7. City Attornet - Scrivener's hanee for Ordinance No. 709 Motion by Councilmem er Kimble, seconded by Councilmember Farrell to authorize a scrivener's change to Ordinance No. 709, reinstating the beginning hour of operation to 10:00 A.M. for the Sunday portion of the Ordinance. (All in favor) . RECESS Motion by Councilmember Farrell, seconded by Councilmember Kimble to recess the meeting at 5:45 P.M. (All in favor). Resolutions: No. B195 - Promotion of Stuart Glaser to Firefighter/Engineer. r , . j)d; ATTEST'~~~ 3 I, ! ! ~ RECESSED MEETING STILLWATER CITY COUNCIL MINUTES November 7, 1989 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Absent: Also Present: Press: Others: r Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. None City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Planning Comm. Chair. Fontaine Public Safety Director Mawhorter Comm. Dev. Director Russell City Clerk Johnson Mike Marsnick, Stillwater Gazette Julie Kink, St.Croix Valley Press Dennis Sullivan, Don Nolde, Clayton Patterson, Joe Nolde, Bernard Harvieux, Leonard Feeley, Russell Williams, Jim Molnar, Angie Steinbach, Dave Schultz, Kathy Koester, Leslie Holton, Richard Kilty, Barb Hiles, Linda Harrington, Doug Johnson, John Engleking, Dan McGuinness, Molly Shodeen. APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the minutes of October 17, 1989 as presented. (All in favor). INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. Debbie Banken Widmark Investments - Discussion of refuse ick-u for V1C orla 1 as AQar ments. Ms. Banken was not present at the meeting for the discussion. 2. Marty Rossini - Presentation of American Education Week Proclamation. Mayor Abrahamson presented a Proclamation to Marty Rossini, representing the Teacher's Association, proclaiming Nov. 12 - 18, 1989 as American Education Week. PUBLIC HEARINGS 1. This is the day and time for the Public Hearing on a request for a 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 and Gretchen Anderson, Applicants. Case No. SUP/89-68. c 1 ~ ~ Stillwater City Council Minutes November 7, 1989 Recessed Meeting Notice of the Hearing was published in the Stillwater Gazette on October 26, 1989 and copies were mailed to affected property owners. Community Development Director Russell stated this request is to conduct a small retail craft business, in the applicant's home, by producing gift baskets for resale. Deliveries to the home will be minimal and gift orders will be ordered through demonstrations in homes and businesses and there will be no direct sales from the home on Churchill St. Planning Commission Chairman Fontaine stated this request was approved unanimously by the Planning Commission. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the request for a 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., as conditioned, Cheryl Larson and Gretchen Anderson, Applicants. Case No. SUP/89-68. (All in favor). 2. This is the day and time for the Public Hearing to consider 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. & Washington Ave. in the IP-I, Industrial Park Industrial Dist., Prime Site, Inc., Applicant. Case No. SUB/89-69. Notice of the Hearing was published in the Stillwater Gazette on October 26, 1989 and copies were mailed to affected property owners. Mr. Russell explained the request to subdivide a 14.963 acre parcel into seven lots which meet the minimum lot width and depth requirements for the Industrial Pk. Dist. Lot One does not have road access at this time, but will eventually. Mr. Fontaine stated the Planning Commission approved the request. Charlie Jones, representing Prime Site, was present to answer any questions. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Kimble to approve the request for a 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. & Washington Ave. in the IP-I, Industrial Park Industrial Dist., as conditioned, Prime Site, Inc., Applicant. Case No. SUB/89-69. (All in favor). 3. This is the day and time for the Public Hearing on a Zoning Ordinance Text Amendment for a new comprehensive Parking Ordinance for the entire City of Stillwater, City of Stillwater, Applicant. Case No. ZAT/89-8. Notice of the Hearing was published in the Stillwater Gazette on October 26, 1989. r 2 (' Stillwater City Council Minutes November 7, 1989 Recessed Meeting This amendment is proposed because the current parking provlslon of the Zoning Ordinance is two sections -- one for the Industrial Park and another for the residential and older portion of town and include different standards for the same use. The new Ordinance provides parking standards for the new uses and combines the two sections into one set of standards. Mr. Fontaine added that the Planning Commission reviewed the amendment and approved it unanimously. Mayor Abrahamson closed the hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble for a first reading, by title, of an ordinance amending the Comprehensive Parking Ordinance for the entire City of Stillwater, Case No. ZAT/89-8. (All in favor) . r 4. This is the day and time for the Public Hearing to consider Residential Permit Parking in the area around the Stillwater Senior High School. Notice of the Hearing was published in the Stillwater Gazette on October 27, 1989 and mailed to affected property owners. Public Safety Director Mawhorter explained the plan for permit parking in the vicinity of the Senior High School. This has been necessitated by students using residents' parking space and blocking driveways. Permits would be issued to residents and their guests. There is no intention to have residents pay for these permits. Bernard Harvieux, 619 W. Anderson St., suggested the School District enlarge the school parking lot. Mr. Mawhorter stated the City doesn't have any control over this item. Russell Williams, 1339 South Sixth St., stated he is in favor of permit parking since he has had a window broken and a driveway torn up by students. Jim Molnar, 1505 So. Harriet St., inquired about parking along Orleans St. where small children cross -- they cannot be seen and cars drive very fast. He suggested parking areas here be placed differently for safety reasons. Angie Steinbach, 1501 So. Harriet St., stated the parking situation is out of control at present. She inquired if both sides of the street will be marked for residential permit only. Also, there is no stop sign at the intersection of Harriet & Orleans and this is a dangerous intersection. She suggested there be no parking on Orleans and stated a concern for small children crossing the street. She added that when the cable company installed their lines, the "No Parking" sign was taken down and not replaced. (' 3 (' Stillwater City Council Minutes November 7, 1989 Recessed Meeting Dave Schultz, 501 W. Hancock St., asked if anything will change on Hancock in front of the school. He agrees with the trash complaint stated previously. Also, there are several houses on Hancock that the School District could buy if they needed more parking space. Kathy Koester, 710 Everett Dr., suggested that Morningside Dr. also be made "No Parking" as the problem has escalated and there are pre-schoolers in the area. The students will begin to cut a path between her yard and neighbor's yard. Leslie Holton, 1333 So. Sixth St., stated the High School is a good neighbor, there has to be some give and take and would like to see the area remain public parking. r Barb Hiles, 1303 So. Sixth St., asked for clarification as to the location of the parking permit area. She stated she has had to call police because some students have blocked their driveway. Linda Harrington, 824 So. Fifth St., stated a concern that Churchill is not in the plan and fears her street may soon have the same problems with student parking. Chief Mawhorter explained that her street may be added at a future date if the problems move further away from the school. Doug Johnson, 882 Everett Dr., thinks the plan is good and can be adjusted if more problems occur. John Engelking, 702 Everett Dr., is in support of the plan and commended Chief Mawhorter and the Council for taking action. A man asked for clarification on the kind of enforcement to be used. Chief Mawhorter stated the hours to be posted and said tickets will be given out to violators. A lady asked for clarification on what the sign will state. She suggested including Orleans St. in the plan with "No parking here to corner" for sight di stance. A lady stated the students are getting the blame for everything -- this also happens during football games and Drum Beauty events. Bernie Harvieux asked about plans for Churchill St. and said the biggest problem is speeders. He asked for a "School - Slow" sign in the area. Don Nolde, 1603 Morningside Dr., stated the School Dist. should be issuing some of these students permits for driving to school and further stated the School Dist. should control their own problems. (' , 4 ~ Stillwater City Council Minutes November 7, 1989 Recessed Meeting A lady asked for clarification on the system for issuing permits and how soon it would start. Mrs. Birk, 1004 So. Sixth St., asked how many permits each person would be issued and Chief Mawhorter replied, as many as the resident needs. Linda Harrington asked about special functions a resident may have and Chief Mawhorter replied that more permits can be issued or the officers informed of the special function. A man stated an error exists on the map presented by Chief Mawhorter -- that Hancock North and South is a dead end into a driveway. Leonard Feeley, 183 Cottonwood Ct., does not live within the permit area, but supports Don Nolde's statement in that the School Dist. should take care of the problem. ~ A lady stated her children have to drive to school because they participate in after-school sports. Dennis Sullivan, 1315 So. Everett St., stated this should not be a City problem, but the school's problem. Mayor Abrahamson closed the public hearing and Council discussion followed. Motion by Councilmember Kimble, seconded by Councilmember Opheim for a first reading of an ordinance, by title, amending the City Code to include a permit process for the Parking Ordinance; and further, directing the Public Works Dept. to prepare the necessary signs. (All in favor). Council recessed for five minutes and reconvened at 8:25 P.M. UNFINISHED BUSINESS 1. structure Council Motion by Councilmember Opheim, seconded by Councilmember Kimble to adopt the appropriate resolution stating the Findings of Fact establishing the variance granted for the Rousseau house, and determination of inconspicuousness of the house from the St. Croix River. (Resolution No. 8196) c 5 o r (' Stillwater City Council Minutes November 7, 1989 Recessed Meeting Ayes - Councilmembers Kimble, Opheim and Mayor Abrahamson. Nays - Councilmember Bodlovick Abstain - Councilmember Farrell Molly Shodeen, representing the DNR, stated they do not agree with the Findings of Fact and when a copy of the resolution is received by the DNR, they will make a decision on how to proceed. Dan McGuinness, representing the Boundary Waters Commission, reaffirmed what was said at the last meeting regarding this issue and also found the Rousseau house conspicuous. They would like to work toward an improved cooperative relationship between the State, City and private land owners. 2. Possible second readin of an Ordinance amendin Cha. 43.01, Subd. 3, regar lng e lmlna lon 0 requlremen or a ure y on or quor Licensees. City Attorney Magnuson explained that the State Legislature has eliminated the need for the Surety Bond since liability is covered by liquor liability insurance. This will bring the City Code in line with the State Statutes. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to move for a second reading, by title, and enactment of an ordinance amending the City Code by elimination of the requirement of a corporate surety bond for liquor licensees. (Ordinance No. 714) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 3. Possible second reading of an Ordinance relating to annexation of the Kroestad pro~ertt' Motion y Counci mem er Opheim, seconded by Councilmember Farrell for a second reading, by title, and enactment of an ordinance as it relates to annexation of the Krogstad property. (Ordinance No. 715) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 6 ~ Stillwater City Council Minutes November 7, 1989 Recessed Meeting CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Bodlovick, to approve the Consent Agenda of November 7, 1989, including the following: (All in favor) 2. Contractor's Licenses. Careful Paintlng P.O. Box 466 Stillwater, Mn. 55082 r , Heat-N-Glo Fireplace Products 6665 W. Highway 13 Savage, Mn. 55378 Hurlburt Builders 8707 Dellwood Rd. No. Mahtomedi, Mn. 55115 A. Mollenhoff Construction 2210 No. Dale St. Roseville, Mn. 55113 R.L. White Builders, Inc. 1424 80th Ave. Spring Lake Park, Mn. 55432 John Wilhelmson 1225 Rondeau Lake Rd. Forest Lake, Mn. 55025 ayor Abrahamson. Painting Contractor Renewal Fireplace Installation New General Contractor New Roofing New General Contractor New General Contractor New COUNCIL REQUEST ITEMS Councllmember Kimble asked if the sewer back-up on Lookout St. will be considered and Mr. Kriesel stated it will be discussed at the Special Meeting on November 14. COMMUNICATIONS/FYI 1. Richard Kilty, offer to purchase City property located on Third St.. north of the Chestnut St. stairs. r 7 (' Stillwater City Council Minutes November 7, 1989 Recessed Meeting Mr. Russell stated Del's Outdoor Equipment is also interested in obtaining this property. Discussion followed and Mr. Kilty stated he is willing to accept a Quit Claim Deed and is agreeable to the $10,000 price. Motion by Councilmember Opheim, seconded by Councilmember Farrell to consider action at the Special Meeting on Nov. 14, 1989 regarding the sale of City-owned property located north of the Chestnut St. stairs and contacting Del's Outdoor Equipment for their comments. (All in favor). STAFF REPORTS (Continued) Community Dev. Director - Com laint Re ardin Caboose Located in Back ard of Residence Mr. Russe lnltlate lSCUSSlon 0 the ca oose locate ln the backyard adjacent to 935 So. 6th Ave. A complaint had been received from Leo Schouweiler, 935 So. 6th Ave., regarding the eyesore the caboose created and the parties being held there. Mr. Russell stated a permit was issued in February, 1982 for use of the caboose as an accessory structure. Mr. Russell will send a letter to Mr. Schouweiler informing him of the permit. (' Building Official's Seminar Motion by Councilmember Kimble, seconded by Councilmember Farrell to authorize the attendance of the Building Official at a Building Code seminar on Nov. 27 & 28, 1989. (All in favor). Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to notify Liquor Licensees that the Council will be reviewing applications for renewal in regard to food offered in connection with the Sunday liquor license to determine compliance with state regulations. (All in favor). Tram 250, Bicycle Tour Council dlSCUSSlon followed regarding the request for this event to be held in Stillwater and also for the use of Lowell Park. Council requested more information and that this be forwarded to the Park and Recreation Board for their comments. Nuisance Abatement at 500 South 4th Street Discussion followed regarding the condominium (former church) at this address which burned last year and the eyesore it presents. It was suggested that the brush be cut immediately for safety reasons. r 8 ~ Stillwater City Council Minutes November 7, 1989 Recessed Meeting Motion by Councilmember Kimble, seconded by Councilmember Farrell to set a public hearing for December 5, 1989 to consider the nuisance abatement for property located at 500 So. 4th St.; and further, that the weeds shall be cut immediately and assessed to the property owner. (All in favor). Fairmeadows Sewer Claims Discussion followed regarding insurance payments for Fairmeadows sewer back-up claims. The consensus of Council and Staff is that the GAB interpretation of our insurance contract is unfair, in that they state there is a $5,000 deductible per house included in this claim. City Attorney Magnuson will work with Bob McGarry regarding this situation. Cit~ Coordinator Rislng Garbage Costs Discussion followed regarding complaints received from senior citizens regarding the rising costs of garbage and the possibility of volume based collections. A workShop on this issue was suggested, but no action taken. o , Consultin~ Engineer Burying 0 Power Lines on Water Street Mr. Moore stated, that as a part of the Downtown study, it was suggested that a study be done regarding the feasibility of burying the power lines on Water Street. NSP will charge approximately $1,600, but this fee will be reimbursed if the project is completed and the cables are buried. Motion by Councilmember Kimble, seconded by Councilmember Opheim to authorize the study relating to the burying of power lines on Water St. at an approximate cost of $1,600, to be taken from TIF funds. (All in favor). CuttinB of trees by Railroad near St. Croix River Comm. ev. Director Russell will contact the Railroad regarding the cutting of trees adjacent to tracks near the river. ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adjourn the meeting at 9:30 P.M. to Executive Session. (All in favor). r 9 (" (' r , Stillwater City Council Minutes November 7, 1989 Recessed Meeting !J1d; ~ ATTEST: ~~ Y L R Resolutions: No. B193 - Directing Payment of Bills. No. 8196 - Findings of Fact for Rousseau House. No. 8197 - Policy Regarding Sexual Harassment/Discrimination. Ordinances: No. 714 - Elimination of Corporate Surety Bond for Liquor Licensees. No. 715 - Annexation of Krogstad Property. 10 RECORD OF EXEClIt'IVE SESSIOB ~at~ conven~d: Tu~sday, November I, 1989 Time conv~n~d: 9:30 p.m. Time adjourned: 10:00 p.m. Members present: Bodlovick, Kimble, Oph~im, Farrell and Mayor Abrahamson Members abs<!nt: Nome ~lso present: City C~rdinator Kriesel. City Attorney Magnuson Purpose of Executive Session: To discuss labor agreemeut proposal for Local 49 contract. I\clionLaken: Directed city Coordinator to continue negoti1l.tions with Local 49. ll.ttest: /"4:/I':( d'j;:L~J , CityCoor-dinator