HomeMy WebLinkAbout1990-09-04 CC MIN
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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.
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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).
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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.
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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.
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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:
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MAYOR
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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.
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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:
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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.
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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,
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Stillwater City Council Minutes
Recessed Meeting
September 4, 1990
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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
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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
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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) .
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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).
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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.
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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.
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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)
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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).
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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).
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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.
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