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HomeMy WebLinkAbout1990-09-04 CC MIN ~ REGULAR MEETING STILLWATER CITY COUNCIL MINUTES September 4, 1990 4:00 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 Attorney Magnuson Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell Parks Director Blekum Public Safety Director Mawhorter Fire Chief Seim City Clerk Johnson Press: Sharon BaKer, The Courier Mike Marsnik, Stillwater Gazette Others: None ~ STAFF REPORTS 1. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution for the purchase of insurance which provides fiduciary liability protection for the trustees of the Stillwater Fire Relief Ass'n.; and that the Fire Relief Ass'n. be notified that it is the City Council's intent that the cost of the insurance be paid by them in the future or the City Council will not give their approval for the Fire Relief Ass'n. financial plans. (Resolution No. 8356) AYes - Councilmembers BodlovicK, Nays - None Abstain - Councilmember Kimble. Farrell, Opheim and Mayor Abrahamson. c 1 (' Stillwater City Council Minutes Regular Meeting September 4, 1990 IBM 36 Tape Backup Motion by Councllmember Kimble, seconded by Councilmember Bodlovick to purchase a tape backup system for the IBM System 36 at an approximate cost of $1,300. (All in favor). Classification of Monica Price Motion by Councilmember Farrell, seconded by Councilmember BodlovicK to adopt the appropriate resolution reclassifying Monica Price to Senior Account ClerK as of April 1, 1990. (Resolution No. 8355) Ayes - Council members Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Fire Chief Purchase of Various Equipment for Fire Dept. Motion by Councllmember BodloV1Ck, seconded by Councilmember Farrell to approve the purchase of various equipment, including hard suction hose, float strainer, storz and hose sections, for the Fire Dept. at an approximate cost of $8,345.00. (All in favor). r Promotion of Fire De~t. Personnel Motion by Councilmember arrell, seconded by Councilmember Opheim to adopt the appropriate resolution approving the promotion of the following Fire Dept. personnel: Ronald Axdahl & William Peltier to Lieutenant; and Jon Bell and Robert Zoller to Engineer with the appropriate compensation. (Resolution No. 8357) AYes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Hepatitis B Innoculations Motion by Councllmember BOdlovick, seconded by Councilmember Opheim to approve the expenditure of funds for Hepatitis B innoculations for Fire Dept. and Police personnel. (All in favor). 3. Public Safety Director Possible Purchase of Sound Meter DiscuSSlon followed regardlng the purchase of a sound meter for enforcement of the noise ordinance. Council requested that it be tested further before purchase. Vacant House Ad,acent to Taco Bell PubllC Safety D rector Mawhorter reported that the vacant house located to the west of the Old Taco Bell building on Highway 36 will be torn down this week. r 2 (' Stillwater City Council Minutes Regular Meeting September 4, 1990 Discussion of Wild Animal Ordinance Discussion followed regardlng a complaint about a pet cougar and whether the City should have a wild animal ordinance. The owner has the appropriate permit and the animal has not attacked anyone, so no action was taken. Possible Nuisance Abatement - Hazardous Tree on So. 4th St. Discusslon followed regarding a Nulsance Abatement case, removal of a hazardous tree. Council directed that Parks Director Blekum assess the situation. 4. Community Development Director - No report. 5. Parks Director - No report. 6. City Attorney Delay of second reading of Ordinance changing Building Permit Fees Mr. Magnuson requested the Council delay the second reading of the Building Code amendment as it relates to Building Permit fees until the next meeting. Council concurred. r 7. Consulting Engineer - Mr. Moore briefly discussed the variance required by Mn/DOT for the W. Mulberry St. project (L.I. 254) and the Traffic Signal Agreement for Highway 36 in the Industrial Pk. area with the State of Minnesota. Possible action will be taken at the evening meeting. 8. City Clerk Flrst readin~ of Ordinance Adopting the new Building Code Motion by Counci member BodloV1CK, seconded by Councllmember Farrell to have a first reading of an ordinance amending the Building Code by adopting the new Code. (All in favor). RECESS Motlon by Councilmember Bodlovick, seconded by Councilmember Kimble to recess the meeting at 5:32 P.M. (All in favor). ATTEST: jJ~ ~'~K~ ~I".?IV MAYOR (' 3 (' Stillwater City Council Minutes Regular Meeting September 4, 1990 Resolutions: No. 8355 - Classification of Monica Price No. 8356 - Purchase of Fiduciary Public Entity Liability Coverage for Fire Relief Ass'n. No. 8357 - Promotion of Ron Axdahl, William Peliter, Jon Bell and Robert Zoller in Fire Dept. r r 4 r RECESSED MEETING STILLWATER CITY COUNCIL MINUTES September 4, 1990 7:00 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 Consulting Engineer Moore Comm. Dev. Director Russell City Clerk Johnson Sharon Baker, The Courier Mike Marsnik, Stillwater Gazette Dennis Sullivan, Bob BracKey, Harry Peterson, Tom Corman, Steve Clark, Jim Simpson, Dick Kilty, Clark Nyberg, Mr. Pauley, Mrs. Mehra. \ Also Present: Others: r APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve the minutes of the Special Meeting of August 14, 1990 as presented. (All in favor) . Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to request the DNR to hold a meeting prior to any sale of land taking place for the proposed boat launch site, which would use the Sunnyside ingress/egress, and which meeting shall include the City of Oak Park Heights and residents as required in the Bluffland/Shoreland Ordinance. (All in favor). 2. Steve Clark - Land Stewardshi~ Project Bike ride - Sept. 22, 1990 Steve Clark was present to ln orm Council of the Land Stewardshlp project Bike ride which will pass through Stillwater on Sept. 22, 1990 and make use of Lowell Park. He stated it is a fund-raiser for their organization and would like to make it an annual event. They asked for City support and Council concurred. Council also advised Mr. ClarK to contact the Police Chief regarding the route of the bike ride. r , - 1 r r r Stillwater City Council Minutes Recessed Meeting September 4, 1990 PUBLIC HEARINGS 1. Thls ls the day and time for the Public Hearing to consider a Variance to the maximum lot coverage for all accessory buildings on a lot (1,000 square feet required, 1,350 square feet proposed) for the construction of a 960 square foot garage at 936 Fifth Avenue South in the RB, Two Family Residential District. Thomas Corman, Applicant. Case No. V/90-43. Notice of the hearing was published in The Courier on August 23, 1990 and mailed to affected property owners. Mr. Russell explained the proposed garage and the variance to the square footage allowed for an accessory structure on a lot. It was noted that the foundation was poured for the garage before the subject of a variance was determined. Mr. Fontaine stated the Planning Commission approved the request. Mayor Abrahamson closed the public hearing. Council discussed the issue of a building permit being issued before it was determined that a variance was needed. Motion by Councilmember Opheim, seconded by Councilmember Kimble to approve a Variance to the maximum lot coverage for all accessory buildings on a lot (1,000 sq. ft. required, 1,350 sq. ft. proposed) for the construction of a 960 sq. ft. garage at 936 Fifth Ave. So. in the RB, Two Family Residential Dist. Thomas Corman, Applicant. Case No. V/90-43. (All in favor). 2. This is the day and time for the Public Hearing to consider a Subdivision of two lots in order to add approximately 32 feet to the width of one lot and decrease the width of the other lot by 32 feet. These lots are located on the Northwest corner of the Frontage Road and Tuenge Drive in the IP-C, Industrial Park Commercial District, Robert Brackey, Applicant. Case No. SUB/90-44. Notice of the hearing was published in The Courier on August 23, 1990 and mailed to affected property owners. Mr. Russell presented background on the request to resubdivide the two lots which will meet the lot size, width and depth regulations of the IP-C Zoning Dist. and all utilities and roads planned for the area will not change. The Engineer reviewed the request and explained the drainage easement. Mr. Fontaine stated the Planning Commission approved the plan. Mayor Abrahamson closed the Public Heqaring. Motion by Councilmember Farrell, seconded by Councilmember BodlovicK to approve a Subdivision of two lots in order to add approximately 32 feet to the width of one lot and decrease the width of the other lot by 32 feet, located on the Northwest corner of the Frontage Road and Tuenge Drive in the IP-C, 2 r Stillwater City Council Minutes Recessed Meeting September 4, 1990 r Industrial Park Commercial District, as conditioned, Robert Brackey, Applicant. Case No. SUB/90-44. (All in favor). 3. This is the day and time for the Public Hearing to consider a Variance to the fence height requirements on a street side outside the building line (42 inches required, six feet requested) for the placement of a fence seventeen feet from William Street at 901 West Pine Street in the RB, Two Family Residential District. Rahul and Diane Mehra, Applicants. Case No. V/90-46. Notice of the hearing was published in The Courier on August 23, 1990 and mailed to affected property owners. Mr. Russell summarized the request, stating the fence ordinance requires that fences on a corner lot side must not exceed 42 in. in height. He further stated no view would be blocked, and the design fits in with the area. Mr. Fontaine stated it was approved by the Planning Commission 6 - 1 with the dissenter stating no hardship was proved. Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve a Variance to the fence height requirements on a street side outside the building line (42 inches required, six feet requested) for the placement of a fence seventeen feet from William Street at 901 West Pine Street in the RB, Two Family Residential District, as conditioned, Rahul and Diane Mehra, Applicants. Case No. V/90-46. (All in favor). 4. This is the day and time for the Public Hearing to consider a Minor Subdivision of a 22,800 square foot lot with a multi-family residence, five units, and residential Carriage House, into two lots consisting of 7,600 square feet with a home and 15,200 square feet with a residential Carriage House at 506 West Pine Street in the RB, Two Family Residential District, Clark Nyberg, Applicant. Case No. SUB/90-47. Notice of the hearing was published in The Courier on August 23, 1990 and mailed to affected property owners. Mr. Russell explained the request for subdivision of a 22,800 sq. ft. lot into two lots of approximately 7,600 and 15,200 sq. ft. Because of existing development patterns, a variance situation will be created, such as the new lot line running through a portion of the existing fiveplex and no parking for or access to Lot 1 will be provided. Utilities may have to be relocated or easements established. Mr. Fontaine stated the Planning Commission denied the request because a substandard lot would be created and because of the cumbersome solutions. Clark Nyberg, owner of the property, said he thought that when the carriage house was remodeled, he received approval for this subdivision r 3 r r r Stillwater City Council Minutes Recessed Meeting September 4, 1990 and he is trying to facilitate financing for the sale of the two homes. No neighbors have complained. Mayor Abrahamson closed the Public Hearing and considerable discussion followed. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to deny the request for a Minor Subdivision of a 22,800 square foot lot with a multi-family residence, five units, and residential Carriage House, into two lots consisting of 7,600 square feet with a home and 15,200 square feet with a residential Carriage House at 506 West Pine Street in the RB, Two Family Residential District, Clark Nyberg, Applicant. Case No. SUB/90-47. (AYes- 3; Nays - 2, Councilmembers Kimble & Opheim). Council recessed for five minutes and reconvened at 8:25 P.M. 5. This is the day and time for the Public Hearing to consider a Variance to the sign location requirements (15 feet required, one foot requested) for the placement of a four foot eight inch monument sign at 1809 Northwestern Avenue in the IP-CI, Industrial Park Commercial One District, James E, Kellison, Curve Crest Properties, Applicant. Case No. V/90-49 Notice of the hearing was published in The Courier on August 23, 1990 and mailed to affected property owners. Mr. Russell stated the application for a 7 ft. 4 in. by 2 ft. 8 in. sign will bring this sign in compliance with the other signs located along Northwestern Ave. The Planning Commission approved the request. Mayor Abrahamson closed the Public Hearing. Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve a Variance to the si9n location requirements (15 feet required, one foot requested) for the placement of a four foot eight inch monument sign at 1809 Northwestern Avenue in the IP-CI, Industrial Park Commercial One District, James E. Kellison, Curve Crest Properties, Applicant. Case No. V/90-49. (All in favor). 6. This is the day and time for the Public Hearing to consider a Subdivision of an 8.7 acre lot into two lots of approximately 2.5 and 6.2 acres at the Northwest corner of Washlngton Avenue and Curve Crest Boulevard in the IP-I, Industrial Park Industrial District, James E. Kellison, Curve Crest Properties, Applicant. Case No. SUB/90-48. Notice of the hearing was published in The Courier on August 23, 1990 and mailed to affected property owners. 7. This is the day and time for the Public Hearing to consider a Special Use Permit for wholesale auto parts distribution for use located on the 4 I'" Stillwater City Council Minutes Recessed Meeting September 4, 1990 northwest corner of Curve Crest Boulevard and Washington Avenue in the Business Park Industrial District, Curve Crest Properties, Applicant. Case No. SUP/90-50. Notice of the hearing was published in The Courier on August 23, 1990 and mailed to affected property owners. Mr. Russell explained the applicant has requested continuance of Cases No. SUB/90-48 and SUP/90-50 to the next meeting. Motion by Councilmember Opheim, seconded by Councilmember Kimble to continue the Public Hearing until the meeting on September 18, 1990 for a Subdivision of an 8.7 acre lot into two lots of approximately 2.5 and 6.2 acres at the Northwest corner of Washington Avenue and Curve Crest Boulevard in the IP-I, Industrial Park Industrial District, James E. Kellison, Curve Crest Properties, Applicant, Case No. 5UB/90-48; and Special Use Permit for wholesale auto parts distribution for use located on the northwest corner of Curve Crest Boulevard and Washington Avenue in the Business Park Industrial District, Curve Crest Properties, Applicant, Case No. SUP/90-50. (All in favor) . r UNFINISHED BUSINESS 1. Possible second Motion y ounc me the possible second reading of an ordinance until the next meeting. (All in favor). NEW BUSINESS 1. Consideration of modified A reement for Public Access 1m rovements to Lil La e. Moti~y Councilmember Bodlovick, seconded by Councilmember Kimble to approve the modifications of the Agreement with the DNR for Public Access improvements to Lily Lake and authorize the Mayor and Clerk to sign the agreement. (All in favor). 2. Re uest for Cit assistance to for education ex enses for Buildin o lCla Councll discussion followed regarding Mr. Zepper's request for tuition assistance for a supervisory management certificate program at Northeast Metro Technical College and a staff educational policy. It is Council's feeling that the City cannot afford to fund such educational programs for everybody. Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve education expenses for the Building Official at an approximate cost of $325.00, but no guarantee of funding for an entire certificate program. (AYes - 4; Nays - 1, Councilmember Farrell). r 5 ~ Stillwater City Council Minutes Recessed Meeting September 4, 1990 Report on ~reliminar~ 1990 Census results. Mr. Russel presente the prellmlnary census figures for Stillwater with a population of 13,717 in 1990 which is an increase of 10.4%. Final figures will be available next spring. 4. Re?Uest from ~uality Auto Body & Boat for Board of Appeal to violation of Un form Flre ode. Motion by Councllmember Opheim, seconded by Councilmember to set the public hearing date of September 18, 1990, 7:00 P.M., to hear the appeal of Quality Auto Body & Boat to a violation of the Uniform Fire Code. (All in favor). 3. r CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the Consent Agenda of September 4, 1990 as follows: (All in favor). 1. Directin~ Payment of Bills. (Resolution No. 8350) Ayes - Counc lmembers BodlovicK, Farrell, Kimble, Opheim and Mayor Abrahamson. Nay - None 2. The following Contractors' Licenses: Kerschbaum's Tree Trimmlng Tree Trimmers Box 143 Scandia, Mn. 55073 Renewal Olund Construction 713 Second St. Hudson, Wi 54016 Robbie Construction 3985 Evergreen Place Shoreview, Mn. 55126 General Contractor New General Contractor New Swinborne's Spectrum 5796 Woodlane Ct. Woodbury, Mn. 55125 3. Request for Waiver of Garbage & Rubbish Collection Charge, Code No. 13-65. General Contractor New this sign. r 6 r' Stillwater City Council Minutes Recessed Meeting September 4, 1990 STAFF REPORTS (continued) Communit~ Development Director !.!.k9al Buslness on Interlachen Dr. ~ussell reported on an lndlvidual running a business out of his home on Interlachen and Edgewood. It goes under the name of "Rainbow Press". Mr. Russell stated the business currently is illegal and'will be contacted again regarding these actions. Consultin~ En~ineer Traffic Slgna ~reement on Highway 36 Motion by Councllme er Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution approving the Agreement with the State of Minnesota for traffic signals at Highway 36 & Washington Ave., So. Frontage Rd., Greeley St. and Osgood Ave. and authorizing Mayor and Clerk to sign. (Resolution No. 8358) r Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Variance for MSA 169-105, W. MUlberr~ St. Project, L.I. 254 Motion by Councllmember Farrell, seconde by Councilmember Bodlovick to adopt the appropriate resolution approving the variance to MSA 169-105, W. Mulberry St. from No. 4th St. to No. Everett St. (Resolution No. 8359) Ayes - Councilmembers BOdlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None COMMUNICATIONS/FYI 1. Letter & Resolution regardin~ weekly curbside recyclin9 service. Councll brlefly discussed thlS ltem and called for a Speclal Meeting at 4:30 P.M. on September 18, 1990. 2. Arthur Palmer r~uest for Hotel Loading/Unloading Zone. Motion by Councllme er Ophelm, seconded by Councllmember Kimble to adopt the appropriate resolution granting the request of Arthur Palmer, from the Lowell Inn, for a Hotel Loading/Unloading Zone in front of the hotel. (Resolution No. 8371) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 3. Minn-Wisc Boundary Area Commission letter regarding the "Boundary River Leadershlp" Conference. ' Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to authorize Mr. Russell to attend both meetings on September 13 and 14, 1990 of the Minn/Wisc. Boundary Area Commission in Red Wing, Minn. (All in favor). r 7 f" r c Stillwater City Council Minutes Recessed Meeting September 4, 1990 STAFF REPORTS (Continued) Cl ty Cl erk Bld Award for Demolishin~ the Old Baptist Church at Fourth & Pine Streets Motion by Councilmember Kimb e, seconded by Councilmember Farrell to adopt the appropriate resolution awarding the bid for the demolishing of the Old Baptist Church at 4th and Pine Streets to Pete Miller Excavating in the amount of $23,990. (Resolution No. 8360) Ayes - Councilmembers BodlovicK, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None ADJOURNMENT Motlon by Councilmember Farrell, seconded by Councilmember Bodlovick to adjourn the meeting at 9:05 P.M. (All in favor). ;J,~7 MA~f"hU~ 'mST'~ Resolutions: No. 8350 - Directing Payment of Bills. No. 8358 - Approval of Traffic Signal Agreement for Highway 36. No. 8359 - Variance for W. Mulberry St., L.I. 254. No. 8360 - Award of Bid for demolishing for Old Baptist Church. No. 8371 - Loading Zone for Lowell Inn. 8