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HomeMy WebLinkAbout1987-06-16 CC MIN . AGENDA STILLWATER CITY COUNCIL June 16, 1987 7:00 P.M. REGULAR MEETING CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - May 19, Re9ular Meeting. May 27, Special Meeting. June 1, Special Meeting. INOIVIDUALS & DELEGATIONS l. Jack Ocenasek - Request for Building Permits before final acceptance of public improvements for model home - Interlachen Addition. 2. 8ritta Nordberg - Request for specific area in downtown Stillwater to sell Shave Ice from Hawaii (frozen ice product). 3. LaRae Gregory - Request for specific area in downtown Stillwater from which to sell popcorn, pop, etc. STAFF REPORTS . 1. Finance 4. Comm.Dev.Director 7. Fire Chief 2. Public Safety 5. Parks & Recreation 8. City Attorney 3. Public Works 6. Consulting Engineer 9. City Clerk 10. City Coordinator PU8LIC HEARINGS 1. This is the day and time for the PI~blic Hearing on Final Plat Approval for the Penthouse Acres subdivision being north of State Highway 96 and west of State Highway 95. Notice of the hearing was publiShed in the Stillwater Gazette on June 5, 1987 and copies were mailed to affected property owners. 2. This is the day and time for the consideration of a Special Use Permit and Variance request submitted by Jim Williams for locating a caboose kitchen and decking at the Freighthouse Restaurant, 305 So. Water Street. Case No. SUP/V/87-19. Notice of the hearing was published in the Stillwater Gazette on June 5, 1987 and copies were mailed to affected property owners. UNFINISHED BUSINESS . 1. Update on access for Grandquist property. 1 .. .. - NEW BUSINESS ... PETITIONS. INDIVIDUALS & DELEGATIONS (Continued) CONSENT AGENDA . . 1. Directing Payment of 8ills (Resolution No. 7758) 2. Applications (List to be supplied at Meeting). 3. Set Public Hearing Date of July 7, 1987 for the following Planning case: a) Case No.SV/87-1 - Petition for street vacation of portion of E.Hudson St. between Fifth & Sixth Ave. Peter & Eve Furseth, Petitioners. b) Case No.V/87-26 - Variance to sideyard setback requirement (two ft. proposed , 20 ft. required) for construction of addition/9arage with living space above in R8 Residential Duplex Dist. at 809 So. Sixth Ave. David Peroceschi, Applicant. c) Case No.SUP/V/87-28 - Special Use Permit for Stillwater Yacht Club Master Plan including tennis court, swimming pool & variance to land area coverage requirement for paving parking areas at Stillwater Yacht Club, 222 E. Mulberry St.in R8 Flood Plain/Bluffland/Shoreland Dist. David Carlson, Applicant. d) Case No.SV/87-2 - Street Vacation of Interlachen Dr. approximately 600 ft. east of intersection of Maryknoll & Interlachen to W.Olive St. Interlachen Co., Petitioner. e) Case No.SU8/87-24 - Preliminary Plat Approval for 39 lot subdivision, Interlachen Hills Third Add. - Phase II, on 15.97 acres located south of W. Myrtle St. & Bayberry Ave.Ct. in R-A Single Family Residential Oist. Interlachen Co., Applicant. f) Case N~,V/87-27 - Variance to erect above ground swimming pool in sideyard at 821 So.Third St. Robert & Rebecca Sandelands, Applicant. 4. Application to Minnesota Charitable Gambling Control Board for the following: American Legion Post 48 Renewal 103 So. Third St. SPECIAL ORDER OF 8USINESS COUNCIL REQUEST ITEMS STAFF REPORTS (Continued) COMMUNICATIONS/REQUESTS QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT 2 . . . REGULAR MEETING STILLWATER CITY COUNCIL MINUTES June 16, 1987 7:00 P.M. The meetin9 was called to order by Mayor Abrahamson. Present: Councilmembers 80dlovick, Farrell, Kimble (arrived at 7:10 P.M.), Opheim and Mayor Abrahamson Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Oirector Caruso Comm. Oev. Oirector Russell Consulting Engineer Moore Parks Oirector 8lekum Public Works Oirector Junker Plan.Com. Chairman Fontaine City Clerk Johnson Lee Ostrom, Stillwater Gazette Carol DeWolf, St. Croix Valley Press Oavid Paradeau, Meg Heaton, Don Nolde, 8ill 8urns, 8ruce Folz, Mary Schmoekel, Bob Weiser, Jim Williams, Bob Sabes, 80b Thompson, Judy Kriegel, Pat Kinney. Press: Others: APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to ap- prove the minutes of the Regular ;'~eting of May 19, 1987 and Special Meetings of May 27 and June 1, 1987 as presented. (All in favor) INDIVIOUALS & DELEGATIONS 1. Jack Ocenasek - Request for Building Permits before final acceptance of public improvements for model home - Interlachen Addition. 8ill 8urns, representing Jack Ocenasek, was present to make this request. Comm. Dev. Director Russell and Consulting Eng. Moore addressed the con- struction of the model home and difficulties with aggregate base of the streets in the plat. City Attorney Magnuson stated the Development Agree- ment would cover contingencies. (Councilmember Kimble arrived at 7:10 P.M.) Motion by Councilmember Opheim, seconded by Councilmember 8odlovick to approve the request for twc to five building permits in order to build model homes in 1 Stillwater City Council Minutes Regular Meeting June 16, 1987 the Interlachen Addition, subject to staking of the property, with an inspec- tion by Comm.Dev. Director Russell; and with the understanding that none of the homes will have any hook-ups to sewer and water until final plat approval. (All in favor) Finance Director Caruso addressed the issue of redistribution of existing assessments and noted that the original 24 lots have been replatted to 14 lds. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell, to adopt the appropriate resolution approving the reapportionment of assessments for Phase II, Interlachen Hills addition. (Resolution No. 7763) Ayes - Councilmembers 8odlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. 8ritta Nordberg - Request for specific area in downtown Stillwater to sell "Shave Ice from Hawaii". . Ms. Nordberg was present to state her request and Council voiced concerns which included keeping the park free to enjoy without peddlers gathering there. City Attorney Magnuson stated the ordinance does not prohibit pedd- lers from using a parking place and plugging the meter. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to deny the request of 8ritta Nordberg for a permanent location in Lowell Park from which to sell "Shave Ice of Hawaii", a frozen ice product). (All in favor) PU8LIC HEARINGS 1. This is the day and time for the Public Hearing on Final Plat APproval for the Penthouse Acres Subdivision being north of State Highway 96 and west of State Highway 95. Notice of the hearing was published in the Stillwater Gazette on June 5, 1987 and copies were mailed to affected property owners. Mr. Folz explained the nature of the Final Plat approval. The single island center would be divided into two lots. He stated the cooperation of all parties in the subdivision is needed. Mr. Magnuson presented the history of the plat and stated the plan presented is a good compromise. The hearing was recessed to 8:30 P.M. when Mr. Folz will return from another meeting. INDIVIDUALS & OELEGATIONS (Continued) . 2 . Stillwater City Council Minutes Regular Meeting June 16, 1987 3. LaRae Gregory - Request for specific area in downtown Stillwater from which to sell popcorn, pop, etc. Motion by Councilmember Kimble, seconded by Councilmember Farrell to deny the request of LaRae Gregory for a permanent location in downtown Stillwater from which to sell popcorn, pop, etc. (All in favor) 4. July Kriegel - Robt. Scott Development request for sign variance on High- way 36 advertising Woodland Lakes Mall. Ms. Kriesel was present to request a special variance to enlarge the sign on Highway 36 advertising the new Woodland Lakes Mall. Mr. Russell ex- plained the requirements for retail real estate signs. Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve the request of Robert Scott Development for a temporary, lighted, 12 ft. by 20 ft. sign on Highway 36 near County Rd. 5, advertising the Woodland Lakes Mall, due to the unique nature of the project, with the review as to placement by the Comm. Dev. Director. (All in favor) . 5. David Paradeau - Minnesota Zephyr. Mr. Paradeau requested to begin site improvements at 601 No. Main St. where the Minnesota Zephyr will be located. He will start the operation of the train on July 8, 1987 and be open to the public on July 10, 1987. Mr. Magnuson stated the Development Agreement is close to being finalized. Council discussed requested site improvements and the associated costs. It was stated water and sewer will cost approximately $12,000 - $15,000 and Mr. Paradeau requested help with these costs. Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve Mr. Paradeau's request to allow site improvements to begin on the property on North Main Street, proposed for the location of the Minnesota Zephyr, with the signing of the lease. (All in favor) Oiscussion followed regarding City help with sewer and water costs through tax increment financing. Don Nolde, 1603 Morningside Rd., stated he felt the developer should pay his costs for water and sewer because other developers have had to do this. Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve, in concept, City installation of sewer and water utilities to serve the Minnesota Zephyr development site, payment of which shall be paid from the General Fund with subsequent reimbursement to the General Fund, with interest, from the development site which is located within the Scattered Site Tax Incre- . 3 . Stillwater City Council Minutes Regular Meeting June 16, 1987 ment District and that the Developer and the City enter into a Development Agreement relating to this concept and the other conditions and requirements for the development. (Ayes - 4; Nays - 1, Councilmember Farrell) 6. Don Nolde - Request for resubdivision of three lots into two lots. Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve a resubdivision of three lots into two lots, requested by Don Nolde for Lots 6, 7, and 8, 8lock 2 of Marsh's Addition. (All in favor) 7. Bob Thompson - Request for additional insurance for fireworks display at July 4 celebration. Finance Director Caruso explained the need for additional insurance for the July 4th celebration. Bob Weiser, representing the Downtown 8usiness community, stated the Freighthouse Restaurant has announced they will pick up the costs of this insurance. Council recessed for five minutes and reconvened at 8:25 P.M. STAFF REPORTS . 1. Parks & Recreation - Motion by Councilmember 80dlovick, seconded by Councilmember Kimble to adopt the appropriate resolution employing concession stand operators for Lily Lake Recreation Center. (Resolution No. 7764) Ayes - Councilmembers 80dlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember, Farrell, seconded by Councilmember Opheim to approve a beer permit for the Stillwater Central Labor Union picnic at Pioneer Park on August 13, 1987 with a police officer to be hired for the event. (All in favor) Motion by Councilmember Opheim, seconded by Councilmember Kimble to approve the quote from Tennis West in the amount of $4,680.00 for resurfacing of the Lily Lake Tennis courts. (All in favor) Motion by Councilmember 8odlovick, seconded by Councilmember Farrell to author- ize the advertisement for bids for replacement of a one-ton truck for the Parks and Recreation Dept. (All in favor) Discussion followed regarding lighting at the tennis courts. Further dis- cussion ensured regarding the weed problem in the dried-up ponds and the . 4 Stillwater City Council Minutes Regular Meeting June 16, 1987 Parks Oirector was directed to spray the ponds. Mr. Joseph Nolde reported on his experience related to this issue and stated spraying is the best solution. PU8LIC HEARINGS (Continued) . 1. Penthouse Acres - Mayor Abrahamson reopened the public hearing for Penthouse Acres Final Plat. Chuck Hoffman, 2250 N.Orwell Ct., had questions concerning the old "meets and bounds. description as opposed to the newly platted land description which the City Attorney answered. Consulting Engineer Moore addressed the concerns regarding drainage and stated the approximate cost per lot would be $2,200 which would take care of the drainage in the southwest corner and give the residents a surfaced roadway. Mr. Hoffman asked if the residents could do this individually. The City Attorney explained state statutes which must be followed. Marian St. Martin, 2280 Orwell Ct., stated the residents have some suggest- ed restrictions for building on the center lots such as placement of house in a certain way, no obstruction of residents view as to buildings or trees. Discussion of these points followed and Council stated these re- strictions are private and could be written into covenants and recorded with the property deeds. Pat Kinney, ERA Realty, representing Wes Windmiller, asked if any restric- tions have been placed on the size of the houses for the two middle lots. Comm. Dev. Russell and the City Attorney responded. It was stated these lots must be buildable and follow the conditions as presented by the Comm. Dev. Director. Mayor Abrahamson closed the public hearing. Motion by Councilmember 80dlovick, seconded by Councilmember Farrell to grant Final Plat Approval for the Penthouse Acres subdivision north of State Highway 96 and west of State Highway 95 as provided by the map drafted by 8ruce Folz, and including the conditions regarding structures on Lots II and 12, recommend- ed by the Comm. Dev. Director. (All in favor) 2. This is the day and time for the consideration of a Special Use Permit and Variance request submitted by Jim Williams for locating a caboose kitchen and decking at the Freighthouse Restaurant, 305 So. Water Street. Case No. SUP/V/87-19. . 5 Stillwater City Council Minutes Regular Meeting June 16, 1987 Notice of the hearing was published in the Stillwater Gazette on June 5, 1987 and copies were mailed to affected property owners. Mr. Russell explained this issue was previously considered by Council on May 5 and denied. A new pI an has been submitted with an increase in park- ing of approximately five spaces. They do not plan to add more tables to the deck. There was a discussion of a trash compactor which will be added and the condition of the trash area has been improved. Mr. McKean, Water Dept., is concerned regarding the water service hook-up for the caboose and also that the County Health Dept. review the situation. Mr. Williams, Manager of the Freighthouse, addressed the parking spaces and garbage com- pactor. Junker Sanitation will fence the trash area until the compactor arrives. . Don Nolde, Joe Nolde, and 80b Weiser spoke in favor of the addition. Mr. Williams stated the water and sewer problems will be solved. Mayor Abrahamson closed the public hearing. Councilmember Farrell clarified for others, who were not there, that Council held a workshop regarding the rehearing of this request and stated this review is not tied to the fireworks request for insurance. Mr. Sabes stated the Freighthouse desires to take a stronger role in the community. Mayor Abrahamson commended the Freighthouse for their donation to the scho- larship fund for graduating seniors. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to ap- prove the Special Use Permit and Variance request for locating a caboose kit- chen and decking at the Freighthouse Restaurant, 305 So. Water St., with the conditions as recommended. (All in favor) UNFINISHED 8USINESS 1. Update on access for Grandquist property. Mr. Russell stated the plan which has been presented appears reasonable and requested this item be heard at the meeting on July 7, 1987. Motion by Councilmember Kimble, seconded by Councilmember Opheim to place the Grandquist request for access to property on the July 7, 1987 Agenda. (All in favor) CONSENT AGENDA . 6 . . . Stillwater City Council Minutes Regular Meeting June 16, 1987 Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to ap- prove the Consent Agenda of June 16, 1987, including the following: (All in favor) 1. Directing Payment of Bills (Resolution No. 7758) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None. 2. Applications- Lew A. Anderson 92D No. Everett St. Stillwater, Mn. 55082 CONTRACTORS General Contractor Gerald E. Hanson 9345 Concord 8lvd. Inver Grove Hgts., Mn. 55075 Faulkner Construction, Inc. 4838 Bloom Ave. White Bear Lake, Mn. 55110 Fireplace Construction Co. 7365 Bagpipe Blvd. Eden Prairie, Mn. 55344 Mitch Hurlburt P.O. Box 2065 Stillwater, Mn. 55082 Larry Lindholm Masonry 5810 Evergreen Lane Shoreview, Mn. 55126 R. J. Miller Construction 11055 32nd St. Lake Elmo, Mn. 55042 Duane Peterson 1919 West Pine St. Stillwater, Mn. 55082 Progressive Landscape 920 So. Greeley St. Stillwater, Mn. 55082 Excavators General Contractor Masonry & 8rick Work General Contractor Masonry & 8rick Work General Contractor General Contractor Landscapers 7 New New New Renewa 1 New New New Renewal New . . Stillwater City Council Minutes Regular Meeting June 16, 1987 Roncor Construction, Inc. 9029 Dupont Ave. So. 8loomington, Mn. 55420 General Contractor New 8EER PERMIT David G. Anderson 1214 8th Ave. So. So. St. Paul, Mn. 55075 Wedding Reception Stillwater Armory October 17, 1987 8eer and Liquor to Consume CIGARETTES Silvia Herman 952 So. fairview St. Paul, Mn. 55116 Cigarette Machine located at Stillwater Yacht Club 422 E. Mulberry St. 3. Set Public Hearing Date of July 7, 1987 for the following Planning cases: a) Case No.SV/87-1 - Petition for street vacation of portion of E.Hudson St. between Fifth & Sixth Ave, Peter & Eve Furseth. b) Case No.V/87-26 - Variance to sideyard setback requirement for construction of addition/garage with living space above in R8 Residential Duplex Dist. at 809 So. Sixth Ave. David Peroceschi, Applicant. c) Case No.SUP/V/87-28 - Special Use Permit for Stillwater Yacht Club Master Plan including tennis court, swimming pool & variance to land area coverage requirement for paving parking areas at Stillwater Yacht Club, 222 E. Mulberry St.in R8 Flood Plain/8Iuffland/Shoreland Dist. Oavid Carlson, Applicant. d) . Case No.SV/87-2 - Street Vacation of Interlachen Or. approximately 600 ft. east of intersection of Maryknoll & Interlachen to W.Olive St. Interlachen Co., Petitioner. e) Case No.SU8/87-24 - Preliminary Plat Approval for 39 lot subdivision, Interlachen Hills Third Add. - Phase II, on 15.97 acres located south of W. Myrtle St. & Bayberry Ave.Ct. in R-A Single Family Residential Dist. Interlachen Co., Applicant. f) Case No.V/87-27 - Variance to erect above ground swimming pool in side- yard at 821 So.Third St. Robert & Rebecca Sandelands, Applicant. 4. Application to Minnesota Charitable Gambling Control 80ard for the following: American Legion Post 48 Renewal 103 So. Third St. STAFF REPORTS (Continued) 8 . Stillwater City Council Minutes Regular Meeting June 16, 1987 Consulting Engineer - Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to adopt the appropriate resolution ratifying the advertisement for bids for L.I. 220, Churchill and Pine Streets improvements. (Resolution No. 7765) Ayes _ Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to adopt the appropriate resolution awarding the bid for L.I. 220, Churchill and Pine Streets improvements, to Schafer Contracting, Schafer, Minnesota, in the amount of $896,588.50. (Resolution No. 7766) . Ayes _ Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Consulting Engineer Moore presented a report on North Center Street which included drainage improvements for the Vielhaber property. Extensive dis- cussion followed and Council stated they would like to receive a petition from the residents for the improvements. It was stated 35% of the resi- dents must sign such a petition. Motion by Councilmember Kimble, seconded by Councilmember Farrell directing the Consulting Engineer, City Coordinator, and City Attorney to meet with the residents on No. Center Street regarding drainage improvements in their area. (All in favor) Mr. Moore presented a feasibility report on the Forest Hills/Frontage Road/So. Greeley St. area with a total cost for the project of $812,757.00. Oiscussion included the amendment to the Comprehensive Plan and that part of this area which is in the process of being annexed to the City. Motion by Councilmember Opheim, seconded by Councilmember Kimble to accept the Feasibility Study for Forest Hills/Frontage Road/So. Greeley Street area as presented by the Consulting Engineer. (All in favor) COUNCIL REQUEST ITEMS Councilmember Opheim presented a request from the Stillwater Chamber of Commerce regarding a donation to the City's promotion during the "Taste of Minnesota Celebration". Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to donate $750.00 toward the promotion of Stillwater in the "Taste of Minnesota" celebra- tion. (Ayes - 4; Nays - 0; Abstain - I, Councilmember Opheim) . 9 Stillwater City Council Minutes Regular Meeting June 16, 1987 Councilmember Far-rell initiated discussion of the .Individual and Delega- tions. segment of the Agenda and being caught unawares with some requests, especially those concerning monies. Councilmember Opheim raised a discussion concerning the Peddler's permits and that they are asking to be allowed to peddle their products in the downtown for only $100.00 a year where other merchants have to pay property taxes, etc. Motion by Councilmember Kimble, seconded by Councilmember Opheim directing Comm. Dev. Director Russell, and City Attorney Magnuson to review the Peddler's License process. (All in favor) STAFF REPORTS (Continued) . City Coordinator Kriesel presented two Change Orders for renovation of the Stillwater Library. Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve two Change Orders in the amount of $94.34, (Toilet Accessories and bookdrop), and $540.00, (Architectural Woodwork and Doors) for Library renovation. (All in favor) Mr. Kriesel presented a letter from W3shington Co. Public Health Dept. regarding Citizen Area Fees for the Resource Recovery Project for solid waste generated in the County. ADJOURNMENT Motion by Councilmember 8odlovick, seconded by Councilmember Farrell to ad- jour-n the meeting at 10:25 P.M. (All in favor) Resolutions: No. 7;58 - Directing Payment of 8ills No. 7763 - Reapportionment of Assessments for Interlachen Add., Phase II. No. 7764 - Employment of Concession Stand Operators for Lily Lk. Complex. No. 7765 - Authorizing City Clerk to Advertise for 8ids for L.I.220. No. 7766 - Award of 8id to Schafer Contracting for L.I. 220. ATTEST: h 0)4 ~.,,~' IC~~~ . 10 r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES June 16, 1987 7:00 P.M. The meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble (arrived at 7:10 P.M.), Opheim and Mayor Abrahamson Absent: None Press: City Coordinator Kriesel City Attorney Magnuson Finance Director Caruso Comm. Dev. Director Russell Consulting Engineer Moore Parks Director Blekum Public Works Director Junker Plan.Com. Chairman Fontaine City Clerk Johnson Lee Ostrom, Stillwater Gazette Carol DeWolf, St. Croix Valley Press Also Present: r Others: David Paradeau, Meg Heaton, Don Nolde, Bill Burns, Bruce Folz, Mary Schmoekel, Bob Weiser, Jim Williams, Bob Sabes, Bob Thompson, Judy Kriegel, Pat Kinney. APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to ap- prove the minutes of the Regular Meeting of May 19, 1987 and Special Meetings of May 27 and June 1, 1987 as presented. (Allin favor) INDIVIDUALS & DELEGATIONS 1. Jack Ocenasek - Request for Building Permits before final acceptance of public improvements for model home - Interlachen Addition. Bill Burns, representing Jack Ocenasek, was present to make this request. Comm. Dev. Director Russell and Consulting Eng. Moore addressed the con- struction of the model home and difficulties with aggregate base of the streets in the plat. City Attorney Magnuson stated the Development Agree- ment would cover contingencies. (Councilmember Kimble arrived at 7:10 P.M.) Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to approve the request for two to five building permits in order to build model homes in (' 1 r Stillwater City Council Minutes Regular Meeting June 16, 1987 the Interlachen Addition, subject to staking of the property, with an inspec- tion by Comm.Dev. Director Russell; and with the understanding that none of the homes will have any hook-ups to sewer and water until final plat approval. (All in favor) Finance Director Caruso addressed the issue of redistribution of existing assessments and noted that the original 24 lots have been replatted to 14 lots. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell, to adopt the appropriate resolution approving the reapportionment of assessments for Phase II, Interlachen Hills addition. (Resolution No. 7763) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Britta Nordberg - Request for specific area in downtown Stillwater to sell "Shave Ice from Hawai i". (' Ms. Nordberg was present to state her request and Council voiced concerns which included keeping the park free to enjoy without peddlers gathering there. City Attorney Magnuson stated the ordinance does not prohibit pedd- lers from using a parking place and plugging the meter. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to deny the request of Britta Nordberg for a permanent location in Lowell Park from which to sell "Shave Ice of Hawaii", a frozen ice product). (All in favor) PUBLIC HEARINGS 1. This is the day and time for the Public Hearing on Final Plat Approval for the Penthouse Acres Subdivision being north of State Highway 96 and west of State Highway 95. Notice of the hearing was published in the Stillwater Gazette on June 5, 1987 and copies were mailed to affected property owners. Mr. Folz explained the nature of the Final Plat approval. The single island center would be divided into two lots. He stated the cooperation of all parties in the subdivision is needed. Mr. Magnuson presented the history of the plat and stated the plan presented is a good compromise. The hearing was recessed to 8:30 P.M. when Mr. Folz will return from another meeting. INDIVIDUALS & DELEGATIONS (Continued) r 2 r Stillwater City Council Minutes Regular Meeting June 16, 1987 3. LaRae Gregory - Request for specific area in downtown Stillwater from which to sell popcorn, pop, etc. Motion by Councilmember Kimble, seconded by Councilmember Farrell to deny the request of LaRae Gregory for a permanent location in downtown Stillwater from which to sell popcorn, pop, etc. (All in favor) 4. July Kriegel - Robt. Scott Development request for sign variance on High- way 36 advertising Woodland Lakes Mall. Ms. Kriesel was present to request a special variance to enlarge the sign on Highway 36 advertising the new Woodland Lakes Mall. Mr. Russell ex- plained the requirements for retail real estate signs. Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve the request of Robert Scott Development for a temporary, lighted, 12 ft. by 20 ft. sign on Highway 36 near County Rd. 5, advertising the Woodland Lakes Mall, due to the unique nature of the project, with the review as to placement by the Comm. Dev. Director. (All in favor) 5. David Paradeau - Minnesota Zephyr. r-' Mr. Paradeau requested to begin site improvements at 601 No. Main St. where the Minnesota Zephyr will be located. He will start the operation of the train on July 8, 1987 and be open to the public on July 10, 1987. Mr. Magnuson stated the Development Agreement is close to being finalized. Council discussed requested site improvements and the associated costs. It was stated water and sewer will cost approximately $12,000 - $15,000 and Mr. Paradeau requested help with these costs. Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve Mr. Paradeau's request to allow site improvements to begin on the property on North Main Street, proposed for the location of the Minnesota Zephyr, with the signing of the lease. (All in favor) Discussion followed regarding City help with sewer and water costs through tax increment financing. Don Nolde, 1603 Morningside Rd., stated he felt the developer should pay his costs for water and sewer because other developers have had to do this. Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve, in concept, City installation of sewer and water utilities to serve the Minnesota Zephyr development site, payment of which shall be paid from the General Fund with subsequent reimbursement to the General Fund, with interest, from the development site which is located within the Scattered Site Tax Incre- r 3 r Stillwater City Council Minutes Regular Meeting June 16, 1987 ment District and that the Developer and the City enter into a Development Agreement relating to this concept and the other conditions and requirements for the development. (Ayes - 4; Nays - 1, Councilmember Farrell) 6. Don Nolde - Request for resubdivision of three lots into two lots. Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve a resubdivision of three lots into two lots, requested by Don Nolde for Lots 6, 7, and 8, Block 2 of Marsh's Addition. (All in favor) 7. Bob Thompson - Request for additional insurance for fireworks display at July 4 celebration. Finance Director Caruso explained the need for additional insurance for the July 4th celebration. Bob Weiser, representing the Downtown Business community, stated the Freighthouse Restaurant has announced they will pick up the costs of this insurance. Council recessed for five minutes and reconvened at 8:25 P.M. STAFF REPORTS r 1. Parks & Recreation - Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution employing concession stand operators for Lily Lake Recreation Center. (Resolution No. 7764) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember, Farrell, seconded by Councilmember Opheim to approve a beer permit for the Stillwater Central Labor Union picnic at Pioneer Park on August 13, 1987 with a police officer to be hired for the event. (All in favor) Motion by Councilmember Opheim, seconded by Councilmember Kimble to approve the quote from Tennis West in the amount of $4,680.00 for resurfacing of the Lily Lake Tennis courts. (All in favor) Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to author- ize the advertisement for bids for replacement of a one-ton truck for the Parks and Recreation Dept. (All in favor) Discussion followed regarding lighting at the tennis courts. Further dis- cussion ensured regarding the weed problem in the dried-up ponds and the r 4 (' Stillwater City Council Minutes Regular Meeting June 16, 1987 Parks Director was directed to spray the ponds. Mr. Joseph Nolde reported on his experience related to this issue and stated spraying is the best solution. PUBLIC HEARINGS (Continued) 1. Penthouse Acres - Mayor Abrahamson reopened the public hearing for Penthouse Acres Final Plat. r Chuck Hoffman, 2250 N.Orwell Ct., had questions concerning the old "meets and bounds. description as opposed to the newly platted land description which the City Attorney answered. Consulting Engineer Moore addressed the concerns regarding drainage and stated the approximate cost per lot would be $2,200 which would take care of the drainage in the southwest corner and give the residents a surfaced roadway. Mr. Hoffman asked if the residents could do this individually. The City Attorney explained state statutes which must be followed. Marian St. Martin, 2280 Orwell Ct., stated the residents have some suggest- ed restrictions for building on the center lots such as placement of house in a certain way, no obstruction of residents view as to buildings or trees. Oiscussion of these points followed and Council stated these re- strictions are private and could be written into covenants and recorded with the property deeds. Pat Kinney, ERA Realty, representing Wes Windmiller, asked if any restric- tions have been placed on the size of the houses for the two middle lots. Comm. Dev. Russell and the City Attorney responded. It was stated these lots must be buildable and follow the conditions as presented by the Comm. Dev. Director. Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to grant Final Plat Approval for the Penthouse Acres subdivision north of State Highway 96 and west of State Highway 95 as provided by the map drafted by Bruce Folz, and including the conditions regarding structures on Lots #1 and #2, recommend- ed by the Comm. Dev. Director. (All in favor) 2. This is the day and time for the consideration of a Special Use Permit and Variance request submitted by Jim Williams for locating a caboose kitchen and decking at the Freighthouse Restaurant, 305 So. Water Street. Case No. SUP/V/87-19. ~ 5 o Stillwater City Council Minutes Regular Meeting June 16, 1987 Notice of the hearing was published in the Stillwater Gazette on June 5, 1987 and copies were mailed to affected property owners. Mr. Russell explained this issue was previously considered by Council on May 5 and denied. A new plan has been submitted with an increase in park- ing of approximately five spaces. They do not plan to add more tables to the deck. There was a discussion of a trash compactor which will be added and the condition of the trash area has been improved. Mr. McKean, Water Dept., is concerned regarding the water service hook-up for the caboose and also that the County Health Dept. review the situation. Mr. Williams, Manager of the Freighthouse, addressed the parking spaces and garbage com- pactor. Junker Sanitation will fence the trash area until the compactor arrives. r Don Nolde, Joe Nolde, and Bob Weiser spoke in favor of the addition. Mr. Williams stated the water and sewer problems will be solved. Mayor Abrahamson closed the public hearing. Councilmember Farrell clarified for others, who were not there, that Council held a workShOp regarding the rehearing of this request and stated this review is not tied to the fireworks request for insurance. Mr. Sabes stated the Freighthouse desires to take a stronger role in the community. Mayor Abrahamson commended the Freighthouse for their donation to the scho- larship fund for graduating seniors. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to ap- prove the Special Use Permit and Variance request for locating a caboose kit- chen and decking at the Freighthouse Restaurant, 305 So. Water St., with the conditions as recommended. (All in favor) UNFINISHED BUSINESS 1. Update on access for Grandquist property. Mr. Russell stated the plan which has been presented appears reasonable and requested this item be heard at the meeting on July 7, 1987. Motion by Councilmember Kimble, seconded by Councilmember Opheim to place the Grandquist request for access to property on the July 7, 1987 Agenda. (All in favor) CONSENT AGENDA ~ 6 r Stillwater City Council Minutes Regular Meeting June 16, 1987 Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to ap- prove the Consent Agenda of June 16, 1987, including the following: (All in favor) 1. Directing Payment of Bills (Resolution No. 7758) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None. 2. Applications- CONTRACTORS General Contractor New r Lew A. Anderson 920 No. Everett St. Stillwater, Mn. 55082 Gerald E. Hanson 9345 Concord Blvd. Inver Grove Hgts., Mn. 55075 Faulkner Construction, Inc. 4838 Bloom Ave. White Bear Lake, Mn. 55110 Fireplace Construction Co. 7365 Bagpipe Blvd. Eden Prairie, Mn. 55344 Excavators New General Contractor New Masonry & Brick Work Renewa 1 Mitch Hurlburt P.O. Box 2065 Stillwater, Mn. 55082 General Contractor New Larry Lindholm Masonry 5810 Evergreen Lane Shoreview, Mn. 55126 R. J. Miller Construction 11055 32nd St. Lake Elmo, Mn. 55042 Masonry & Brick Work New General Contractor New Duane Peterson 1919 West Pine St. Stillwater, Mn. 55082 Progressive Landscape 920 So. Greeley St. Stillwater, Mn. 55082 General Contractor Renewa 1 Landscapers New r 7 r (' r Stillwater City Council Minutes Regular Meeting June 16, 1987 Roncor Construction, Inc. 9029 Dupont Ave. So. Bloomington, Mn. 55420 General Contractor New BEER PERMIT David G. Anderson 1214 8th Ave. So. So. St. Paul, Mn. 55075 Wedding Reception Stillwater Armory October 17, 1987 CIGARETTES Beer an d Li quor to Consume S i hi a Herman 952 So. Fairview St. Paul, Mn. 55116 Cigarette Machine located at Stillwater Yacht Club 422 E. Mulberry St. 3. Set Public Hearing Date of July 7, 1987 for the following Planning cases: a) Case No.SV/87-1 - Petition for street vacation of portion of E.Hudson St. between Fifth & Sixth Ave, Peter & Eve Furseth. b) Case No.V/87-26 - Variance to sideyard setback requirement for construction of addition/garage with living space above in RB Residential Duplex Dist. at 809 So. Sixth Ave. David Peroceschi, Appl icant. c) Case No.SUP/V/87-28 - Special Use Permit for Stillwater Yacht Club Master Plan including tennis court, swimming pool & variance to land area coverage requirement for paving parking areas at Stillwater Yacht Club, 222 E. Mulberry St.in RB Flood Plain/Bluffland/Shoreland Dist. David Carlson, Applicant. d) - Case No.SV/87-2 - Street Vacation of Interlachen Dr. approximately 600 ft. east of intersection of Maryknoll & Interlachen to W.Olive St. Interlachen Co., Petitioner. e) Case No.SUB/87-24 - Preliminary Plat Approval for 39 lot subdivision, Interlachen Hills Third Add. - Phase II, on l5.97 acres located south of W. Myrtle St. & Bayberry Ave.Ct. in R-A Single Family Residential Dist. Interlachen Co., Applicant. f) Case No.V/87-27 - Variance to erect above ground swimming pool in side- yard at 821 So.Third St. Robert & Rebecca Sandelands, Applicant. 4. Application to Minnesota Charitable Gambling Control Board for the foll owing: American Legion Post 48 Renewal 103 So. Third St. STAFF REPORTS (Continued) 8 r Stillwater City Council Minutes Regular Meeting June 16, 1987 Consulting Engineer - Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to adopt the appropriate resolution ratifying the advertisement for bids for L.I. 220, Churchi 11 and Pine Streets improvements. (Resol ut i on No. 7765) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to adopt the appropriate resolution awarding the bid for L.I. 220, Churchill and Pine Streets improvements, to Schafer Contracting, Schafer, Minnesota, in the amount of $896,588.50. (Resolution No. 7766) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None ("' Consulting Engineer Moore presented a report on North Center Street which included drainage improvements for the Vielhaber property. Extensive dis- cussion followed and Council stated they would like to receive a petition from the residents for the improvements. It was stated 35% of the resi- dents must sign such a petition. Motion by Councilmember Kimble, seconded by Councilmember Farrell directing the Consulting Engineer, City Coordinator, and City Attorney to meet with the residents on No. Center Street regarding drainage improvements in their area. (A 11 in favor) Mr. Moore presented a feasibility report on the Forest Hills/Frontage Road/So. Greeley St. area with a total cost for the project of $812,757.00. Discussion included the amendment to the Comprehensive Plan and that part of this area which is in the process of being annexed to the City. Motion by Councilmember Opheim, seconded by Councilmember Kimble to accept the Feasibility Study for Forest Hills/Frontage Road/So. Greeley Street area as presented by the Consulting Engineer. (All in favor) COUNCIL REQUEST ITEMS Councilmember Opheim presented a request from the Stillwater Chamber of Commerce regarding a donation to the City's promotion during the "Taste of Minnesota Celebration". Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to donate $750.00 toward the promotion of Stillwater in the "Taste of Minnesota" celebra- tion. (Ayes - 4; Nays - 0; Abstain - 1, Councilmember Opheim) (\ 9 r Stillwater City Council Minutes Regular Meeting June 16, 1987 Councilmember Farrell initiated discussion of the "Individual and Delega- tions. segment of the Agenda and being caught unawares with some requests, especially those concerning monies. Councilmember Opheim raised a discussion concerning the Peddler's permits and that they are asking to be allowed to peddle their products in the downtown for only $100.00 a year where other merchants have to pay property taxes, etc. Motion by Councilmember Kimble, seconded by Councilmember Opheim directing Comm. Dev. Director Russell, and City Attorney Magnuson to review the Peddler's License process. (All in favor) STAFF REPORTS (Continued) n City Coordinator Kriesel presented two Change Orders for renovation of the Stillwater Library. Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve two Change Orders in the amount of $94.34, (Toilet Accessories and bookdrop), and $540.00, (Architectural Woodwork and Doors) for Library renovation. (All in favor) Mr. Kriesel presented a letter from Washington Co. Public Health Dept. regarding Citizen Area Fees for the Resource Recovery Project for solid waste generated in the County. ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to ad- journ the meeting at 10:25 P.M. (All in favor) Resolutions: No. 7758 - Directing Payment of Bills No. 7763 - Reapportionment of Assessments for Interlachen Add., Phase II. No. 7764 - Employment of Concession Stand Operators for Lily Lk. Complex. No. 7765 - Authorizing City Clerk to Advertise for Bids for L.I.220. No. 7766 - Award of Bid to Schafer Contracting for L.I. 220. ATTEST: tlJatf ~_..,u h;c~ 10 n