Loading...
HomeMy WebLinkAbout1988-07-05 CC MIN ( REGULAR MEETING STILLWATER CITY COUNCIL MINUTES July 5, 1988 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Comm. Dev. Director Russell Public Works Director Junker Public Safety Director Mawhorter Parks Director Blekum Finance Director Caruso Fire Chief Seim Consulting Engineer Moore Admin. Intern Junker City Clerk Johnson Press: Lee Ostrom, Stillwater Gazette r Others: Roger Otto, Custom Fire, Inc. STAFF REPORTS 1. Finance Director Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the budget schedule as presented by Finance Director Caruso. (All in favor). Finance Director Caruso informed Council of the extension of the City's 1987 audit filing date to July 15 as requested by the City Auditors. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve sewer rate adjustments for 1115 W. Willard St., 218 W. Maple St. and 1619 W. Pine St. as recommended by Finance Director Caruso. (All in favor). 2. Public Safety Director - No report. 3. Public Works Director - Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to sealcoat four gravel roads -- Broadway, Hickory, Wilkin and Rice Streets. (All in favor). r 1 r Stillwater City Council Minutes Regular Meeting July 5, 1988 Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve the blacktopping of the Railroad crossing on Nelson St. at approximately $500. (All in favor). Council discussion followed regarding the placement of a IS-minute Parking Sign in front of the Video store at 515 No. Owens. Council did not feel there was enough traffic in the area to warrant this type of sign at this time. Public Works Director Junker will check on the walls surrounding the hole next to the Harbor Bar on North Owens St. Mr. Junker will check the parking lot at Mulberry Point to see if it needs additional gravel. Council directed Mr. Junker to check the south parking lot near the Brick Alley for missing parking meter heads and to check for Handicapped Parking areas. r 3. Community Develo~ment Director - Motion by Councilmem er Opheim, seconded by Councilmember Kimble to approve the attendance of Building Official Zepper at the annual conference of Building Officials in Seattle, Washington on Sept. 11 - 16, 1988. (All in favor) . 4. Parks Director - Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the Permit to Consume for the Liberty Family at Pioneer Park on July 17, 1988. (A 11 in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution accepting the quote for $4,310.00 from Gopher State Sealcoat, Inc. for resurfacing of Staples Field tennis courts. (Resolution No. 7933) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Mr. Blekum reported the cost to run electricity to the shelters at Pioneer Park is approximately $1,288 and Councilmember Farrell stated the River Valley Lions Club may be willing to help pay for the expenses. Discussion followed regarding the Munchmobile owned by Cherie Ackerman and possible violations of the Peddler's Ordinance. (' 2 r Stillwater City Council Minutes Regular Meeting July 5, 1988 Motion by Councilmember Opheim, seconded by Councilmember Farrell to hold a public hearing on July 12, 1988 at 6:30 P.M.to examine the Peddler's License for the Munchmobile owned by Cheri A. Ackerman. (All in favor). Council and Staff discussion followed regarding the possibility of the Chamber of Commerce sponsoring a fall Arts Festival in Lowell Park. Mr. Kriesel will check with the Chamber on this item. Further discussion followed regarding the problem of young people with skateboards in the park. Mr. Magnuson will draft an amendment to the skateboard ordinance. (' Motion by Councilmember Farrell, seconded by Councilmember Kimble directing Public Safety Director Mawhorter and Public Works Director Junker to study the problems with the river road by Lowell Park and make a recommendation to Council. (All in favor). 5. Consulting Engineer - No report. 6. Fire Chief - Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to open the bid received for the Fire Dept. Tanker and Fire Dept. Heavy Rescue Squad received from Custom Fire of Osceola, Wisconsin. (All in favor) The bid for the Fire Dept. Rescue Squad is $111,970, and the bid for the Tanker is $108,997. Council directed Mr. Seim to review the bid and make a recommendation at the evening meeting. Fire Chief Seim presented a request for the employment of an additional part-time firefighter. Council suggested this item be discussed at budget time. 7. City Attorney - Mr. Magnuson reported on the proposed vacation for a portion of E. Willow St. and possible sale of the property, for $3,000, to Mr. Robert Troyer. 8. Citt Clerk - Motion y Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Permit to Consume for the Lumberjack Days Parade Committee for the use of Pioneer Park on July 24, 1988. (All in favor). c 3 r (' (' Stillwater City Council Minutes Regular Meeting July 5, 1988 RECESS Motion by Councilmember Farrell, seconded by Councilmember Kimble to recess the meeting at 5:20 P.M. (All in favor. ) Resolutions: No. 7933 - Accepting quote of Gopher State Sealcoat, Inc. for resurfacing of Staples Field Tennis courts. f~ {)J..i~ ATTEST: I~~ 4 II r RECESSED MEETING STILLWATER CITY COUNCIL MINUTES July 5, 1988 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. City Clerk Johnson gave the Invocation. Present: Councilmembers Bodlovick, Farrell, Kimble (arrived at 7:05 P.M.), Opheim, and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Comm. Dev. Director Russell Fire Chief Seim Admin. Intern Junker Consulting Engineer Moore Plan. Com. Chairman Fontaine City Clerk Johnson Press: Sara Flom, Stillwater Gazette Mary Schmoekel, Albert Hoffmeyer, Mrs. Laurence Schmitz, Robert Troyer, Mr. & Mrs. Charles Dougherty, Mr. Lundquist, Ed Parranto, Bob Brackey, and W.A. Ulrich. ~ Others: APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the minutes of the Regular Meeting of June 21, 1988 as presented. (All in favor). PETITIONS, INDIVIDUALS AND DELEGATIONS PUBLIC HEARINGS 1. This is the day and time for the Public Hearing on a Planned Unit Development Concept Plan for a 3.5 acre parcel to be used for commercial development and a 10.6 acre parcel for a 106 unit, three story apartment building on 61st St. (behind Burger King in the Forest Hills/Frontage Rd./So. Greeley area) in the Two Family Residential, RB, Dist. Augustine Brothers, Applicants. Case No. PUD/88/29. Notice of the hearing was published in the Stillwater Gazette on June 24, 1988 and copies were mailed to affected property owners. ~ 1 r Stillwater City Council Minutes Recessed Meeting July 5, 1988 (Councilmember Kimble arrived at 7:05 P.M.) Community Develop. Director Russell reported that the applicant has reduced the number of units to 81 and lowered the buildin9 height by one floor to bring the project in conformance with the RB zoning. He also stated the parking is excessive for the project and suggested that it reduced; the concept plan be approved for six months and that it is null and void after that time. Mr. Albert Hoffmeyer, the architect, was present and asked for approval of the plan this evening in order to start construction. Council discussion followed. Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve the request for a Planned Unit Development Concept Plan for a 3.5 acre parcel to be used for commercial development and a 10.6 acre parcel for an apartment building on 61st St. in the RB Dist. with the recommended conditions; and with the additional recommendation that the approval is valid for six months. Augustine Brothers, Applicants, Case No. PUD/88/29. (All in favor). r Discussion followed regarding costs of improvements. Council directed the owners be contacted regarding these costs. UNFINISHED BUSINESS 1. Award of Bid for Fire Dept. Tanker and Apparatus Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution awarding the bid for a tanker truck and heavy rescue truck to Custom Fire, Inc. of Osceola, Wisconsin. (Resolution No. 7930) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None. PUBLIC HEARINGS (con.) 2. This lS the day and time for the Public Hearing on a Variance Request for construction of an eight ft. fence at 1206 No. Second St. in the RB Residential Dist. Carol M. Ulrick, Applicant. Case No. V/88-31. Notice of the hearing was published in the Stillwater Gazette on June 24, 198B and copies were mailed to affected property owners. Mr. Russell explained the request stating the eight ft. fence separates two family residential driveways and is acceptable to both parties. Plan.Com. Chairman Fontaine stated the Planning Commission approved the request with a 5-3 vote. Those who voted against the request were concerned about the excessive height. r 2 r Stillwater City Council Minutes Recessed Meeting July 5, 1988 James Lundquist, representing Ms. Ulrich, stated the fence would be constructed of red cedar and would be properly maintained. Ms. Schmitz, the neighbor to the north, stated she approves of the fence if it is of good quality and maintained. Council stated the good side of the fence should face Ms. Schmitz' yard. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the Variance Request for construction of an eight ft. fence at 1206 No. 2nd St. in the RB Residential Dist. with the recommended conditions. Carol M. Ulrick, Applicant. Case No. V/88-31. (All in favor). 3. This is the day and time for the Public Hearing on a Variance request for construction of an attached garage with a two ft. setback from side property line & approximately 6 ft. from neighbor's residence (5 ft. from sideyard and 15 ft. from neighbor's residence required) at 319 W. St. Croix Ave. in the RB Duplex Residential Dist. Jay Ludowese, Applicant. Case No. V/88-32. Notice of the hearing was published in the Stillwater Gazette on June 24, 1988 and copies were mailed to affected property owners. r-' Mr. Russell explained the request is to construct an attached garage approximately two ft. from the side property line and the applicant feels this location is needed for accessibility into the house through the kitchen/dining area. Mr. Fontaine stated the Planning Commission denied the request with a 4-3 vote because other alternatives could be found for construction of the garage and there would runoff into the neighbor's yard. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to deny the Variance Request for construction of an attached garage with two ft. setback from side property line & approximately 6 ft. from neighbor's residence at 319 W. St. Croix Ave. in RB Duplex Residential Dist. Jay Ludowese, Applicant. Case No. V/88-32. (All in favor). 4. This is the day and time for the Public Hearing on a Street Vacation Request to vacate a 110 ft. section of E. Willow St. west of No. Second St. (not improved). Robert Troyer, Applicant. Case No. SV/88-34. Notice of the hearing was published in the Stillwater Gazette on June 24, 1988 and copies were mailed to affected property owners. Mr. Russell explained the request is to vacate a remaining 110 x 60 ft. portion of Willow St. directly west of No. 2nd St. and also stated there are no easements necessary in the right-of-way. Mr. Fontaine stated the Planning Commission approved the request. City Attorney Magnuson stated r-' 3 r r r Stillwater City Council Minutes Recessed Meeting July 5, 1988 the City owns property on the other side of the street and the vacated portion has been appraised at $3,000 which Mr. Troyer has offered to pay for that piece of property. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate resolution approving a vacation of 110 ft. section of E. Willow St., west of No. 2nd St.; and authorizing the Mayor & City Clerk to sign the deed upon receipt of $3,000 from Mr. Robert Troyer for purchase of the property. Case No. SV/88-34. (Resolution No. 7931). Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 5. This is the day and time for the Public Hearing on a Variance Request to maintain an existing 63 sq. ft. structure located on the property line (5 ft. setback required) at 823 W. Anderson St. in the RB Duplex Residential Dist. Neil Hanssen, Applicant. Case No. V/88-37. Notice of the hearing was published in the Stillwater Gazette on June 24, 1988 and copies were mailed to affected property owners. Mr. Russell stated the requested variance is for the location of a two-level storage shed playhouse on rear and side property lines. The building was constructed without receiving the needed variance. Mr. Fontaine stated the Planning Commission denied the request. Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to deny the Variance Request of Neil Hanssen to maintain an existing 63 sq.ft. structure located on the property line at 823 W. Anderson St. in the RB Duplex Residential Dist. Case No. V/88-37. AYes - 4; Nays - 1, Councilmember Kimble. UNFINISHED BUSINESS (Con.) 1. Possible second reading and adoption of Bed and Breakfast Ordinance. Mr. Russell explained the ordinance has had some changes since it was originally heard on May 17, 1988, which involves raising the number of bedrooms allowed, and would not affect those who currently have more bedrooms. This would change if that establishment were sold. Chuck Dougherty, owner of the Rivertown Inn, was concerned about limiting the number of bedrooms. Mr. Russell stated he could apply for a variance to this condition of the ordinance. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to have a second reading and enactment of Ordinance No. 681, regulating Bed and Breakfasts in the City of Stillwater, with the ordinance to be effective in 60 days. Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 4 r Stillwater City Council Minutes Recessed Meeting July 5, 1988 2. Report and Recommendation Regarding Development of Lot 7 in Radle's Sunny Slope Addition. Discussion included changing the structure of the pond by fill and developing Lot #7. Consulting Engineer Moore recommended that the City withhold development on the northerly part of the plat and the pond be enl arged. Mr. W. A. Ulrich, 127 No. Birchwood Dr., expressed concerns about water coming up into his backyard. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell that no building permits be issued for development of Lot 7 in Radle's Sunny Slope Addition until the developer agrees to allow the enlargement of Holding Pond No.2, and petition for vacation of street. (Ayes - 4; Nays - 1, Mayor Abrahamson). Mayor Abrahamson stated he misunderstood the intention of the motion regarding building permits for Radle's Sunny Slope Addition and wished to change his vote to an "Aye" vote, therefore, the vote was unanimous -- (All in favor). r The meeting recessed for five minutes and reconvened at 8:27 P.M. NEW BUSINESS 1. Request from Norris Swager to purchase city lots or to be reimbursed for improvement assessment. City Coordinator Kriesel explained Mr. Swager's request is to either purchase Lots 4 and 8 of Radle's Sunnyslope Addition or be reimbursed the cost of the improvements which they have paid. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to notify Mr. Norris Swager the City will retain Lots 4 and 8 on the south side of the Sunny Slope Addition; and will reimburse Mr. Swager for payment of the improvements for the lots. (All in favor). 2. Request by Heritage Development Co. to vacate drainage and utility easements from previous subdivison. Mr. Russell explained the developer is requesting the City to vacate the original utility and drainage easements which will be replaced by new easements. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution vacating the drainage and utility easements on Lots 2, 3, 4, 5 and 6, Block 1 of St. Croix Place plat and accept the proposed r 5 Stillwater City Council Minutes Recessed Meeting July 5, 1988 utility and drainage easements of the St. Croix Place Second Addition plat. r-' (Resolution No. 7932) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None. 3. Petition for Improvements to 61st Ave. No. and North/South connecting road. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution accepting the petition for improvements to 61st Ave. No. and the North/South Connecting Road, and directing the City Engineers to do a feasibility study; Lawrence Rose and Richard Ernst II, Petitioners. (Resolution No. 7935) r Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 4. Possible first reading of Ordinance amending Procedures for Regulating Grading Permits. Motion by Councilmember Opheim, seconded by Councilmember Kimble to have a first reading of an Ordinance Regulating Grading Permits. (All in favor). 5. Petition for Stop sign at Martha and Rice Streets. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to accept a petition for a stop sign on Martha and Rice Streets and refer to the Police Dept. for review. (All in favor). 6. Claim for Sewer Back-up - 260 Deerpath Ct. Motion by Councilmember Opheim, seconded by Councilmember Farrell to pay a claim for a sewer back-up at 260 Deerpath Ct.; and direct the Public Works Director to review the possibility of installing a back-flow preventer. (All in favor). CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve the Consent Agenda of July 5, 1988, including the following: (All in favor). 1. Directing Payment of Bills (Resolution No. 7929) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Contractors Licenses. Ace Sign Co. 1991 No. Broadway Rochester, Mn. 55904 Sign Erection New r 6 r Stillwater City Council Minutes Recessed Meeting July 5, 1988 Wi 11 i am Bunn Masonry, Inc. 3000 Glenview Dr. Burnsvi lle, Mn. 55337 Kraus-Anderson Construction Co. 525 So. 8th Street Minneapolis, Mn. 55404 Masonry & Brick Work New General Contractor Renewa 1 Metropolitan Fence Co. 5566 Peterson Rd. White Bear Lake, Mn. 55110 Fencing New R J S Concrete, Inc. 1491 92nd Lane N.E. Blaine, Mn. 55434 Masonry & Brick Work New r Sawhorse, Inc. 4740 42nd Ave. No. Robbinsdale, Mn. 55422 3. St. Mary's Church - Request for Gambling Permit at festival, Sept. 11, 1988. General Contractor New COMMUNICATIONS/REQUESTS 1. Letter from C. J. Rosell regarding possible city purchase of parcels of property near McKusick Lake for wild-life area. Motion by Councilmember Opheim, seconded by Councilmember Kimble directing the Community Development Director to review the property in the vicinity of McKusick Lake as it becomes developed for the possibility of creating access trails. (All in favor). 2. Letter from Metro Waste Control Comm. regarding meetings and delay of Stillwater Plant Expansion. Council discussion followed regarding Council and Staff participation in the meetings. Council will hold a Special Meeting on July 12 to discuss Tax Increment Financing in the Industrial Park. r 7 r r r Stillwater City Council Minutes Recessed Meeting July 5, 1988 COUNCIL REQUEST ITEMS Possible Review of Woodland Lakes Development Agreement Council discussion followed regarding the steps necessary to hold a public hearing on this item. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to set a public hearing on July 19, 1988 at 7:00 P.M. to review the Development Agreement for Woodland Lakes Development in regard to possible default of the agreement. (Allin favor). ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to adjourn the meeting at 9:00 P.M. (All in favor). Resolutions: No. 7929 - Directing Payment of Bills No. 7930 - Awarding Bid for Fire Dept. Tanker Truck & Heavy Rescue Squad. No. 7931 - Approval of Vacation of Portion of E. Willow St. and sale to Robert Troyer. No. 7932 - Vacation of Drainage & Utility Easements for St. Croix Place. Ordinances: No. 681 - Regulating Bed and Breakfast Establishments. ATTEST: 011 o~ ~.~ fI Y L RK 8