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HomeMy WebLinkAbout1988-05-17 CC MIN . . . PLEASE NOTE CHANGE IN TIlE STILLWATER CITY COUNCIL May 17, 1988 8:01 P.M. REGULAR MEETING CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - Special Meeting - April 26, 1988 - Regular and Recessed Meeting - May 3, 1988 INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. D1Scuss10n of Lift Statlon - Cottages of Stillwater. STAFF RE PORTS 1. Finance 4. Comm. Dev. Director 7. Fire Chief 2. Publ ic Safety 5. Parks & Recreation 8. City Attorney 3. Public Works 6. Consulting Engineer g. City Clerk 10. City Coordinator PUBLIC HEARINGS 1. Th1S 1S the day and time for the Public Hearing on an Ordinance regarding the regulation of Bed and Breakfast in residential districts in the City of Stillwater. Notice of the hearing was published in the Stillwater Gazette on May 6, 1988. 2. This is the day and time for the Public Hearing on an amendment of Planned Unit Development reducing the size of the commercial mall from 404,750 sq. feet to 303,000 sq. feet and changing the size of the hotel from 10 stories and 102 rooms to two stories and 96 rooms. The 76 acre property is located on the northeast corner of County Road #5 and Highway 36. Robert Scott and Associates, applicant. Case No. PUD/87-9. Notice of the hearing was published in the Stillwater Gazette on May 6, 1988 and copies were mailed to affected property owners. 3. This is the day and time for the Public Hearing on Local Improvement No. 250. The nature of the proposed improvements involve and Lclude the construction of a storm water detention basin and related drainage improvemments. Notice of the hearing was published in the Stillwater Gazette on May 6 and May 13, 1988 and copies were mailed to affected property owners. UNFINISHED BUSINESS NEW BUSINESS 1. Preparation for detachment hearing - 0-240 Oak Park Hgts/A-4466 St ill water. . CONSENT AGENDA 1. DIrectIng Payment of Bills (Resolution No. 7908) 2. Applications (List to be supplied at Meeting). 3. Claim received from 1008 Parkwood Lane for damages due to sewer backup. 4. Claim received from 907 Sunrise Avenue for damages due to failure of lift station. . 5. Set Public Hearing Date of June 7, 1988 for the following Planning Cases: a) Case No. SUP/88-24 - Special Use Permit to conduct lawn and garden sales in a 1,600 square foot temporary greenhouse and outside area designated for this use at 2001 Washington Avenue North in the Industrial Park Commercial, IP-C District. Super Value Stores, Inc. (Cub Foods), applicant. b) Case No. Sup/88-25 - Special Use PErmit to fill and grade an approximate 2,000 foot road at 1250 South Main Street in the General Heavy Industrial/Two Family Residential/Bluffland/Shoreland/Flood Plain District. Frank Aiple, applicant. c) Case No. V/88-27 - Variance request to construct an eight foot fence (six feet required) at 203 West Hazel Street in the Single Family Residential, RA, District. Richard A. and Julie Edstrom, applicants. d) Case No. SUP/88-28 - Special Use Permit to operate a furniture refinishing business at III South William Street in the Two Family Residential, RB, District. Chris and Laura Fischer, applicants. e) Case No. PUD/88-29 - PUD Concept Plan for a 3.5 acre parcel to be used for commerical development and a 10.6 acre parcel for a 106 unit, three story appartment building on 61st Street at the future Frontage Road access road (behind Burger King in the Forest Hills/Frontage Road/South Greeley Area) in the Two Family Residential, RB, District. Augustine Brothers, applicants. f) Case No. SUP/88-30 - Special Use Permit requesting placement of two signs on the Grand Garage Building, 324 South Main Street, in the General Commerical, CA, District. One sign is a Chimney sign (roof) sign, the other is an additional "major" face sign. Estebans of Stillwater, applicant. COUNCIL REQUEST ITEMS STAFF REPORTS (Continued) COMMUNICATIONS/REQUESTS 1. ComplaInt regarding Churchill Street reconstruction. 2. Purchase of land from City - Robert Troyer 3. Annexation of Perry Property. 4. Sewer bill adjustments to: David Froehner 115 North Owens Tina and Oscar Flotten 1605 North Second Elmer Brudos 655 North Second . QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT . . . REGULAR MEETING STILLWATER CITY COUNCIL MINUTES May 17, 1988 8:01 p.m. The Meeting was called to order by Mayor Abrahamson. Recording Secretary Schaubach gave the Invocation. E'resent: Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson Absent; None Also E'resent: City Coordinator Kriesel E'ublic WOl,ks Director Junker City Attorney Magnuson E'arks Dir.ector Blekum Finance Dizector Caruso E'ublic Safety Director Mawhorter Comm. Dev. Director Russell Consulting Engineer Moore Recording Secretary Schaubach Mary Senkus, Bill Bissonette, Chuck Dougherty, E'am Thoreson, Bruce Oglog, Dennis Kemp, Glenn Bell, Bob Weiser, Shirley Barrett, Bob Thompson, Don Bromen, Richard Kilty, Robert Troyer, Jeff Sherburne Others: E'ress: Julie Kink, st. Croix Valley E'ress Lee Ostrom, Stillwater Gazette AE'E'ROVAL OF MINUTES Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the minutes of the Special Meeting of April 26, 1988, and the Regular and Recessed Meetings of May 3, 1988. (All in favor) INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Marv Senkus. Crown Life Insurance ComDanv - Grand Garaae - Ms. Senkus, representing Crown Life, which is the current owner of the Grand Garage building, presented a request for the City to exercise its right of eminent domain to acquire the parking lot to the west of the Grand Garage. The current owner of the parking lot, Chrysler Credit Corporation, anticipates closing access to the parking lot as of June 1. Discussion followed regarding whether this is an issue in which the City should be involved. Motion by Councilmember Bodlovick to direct the settle the matter short of Opheim, seconded by Councilmember City Attorney to make an attempt to eminent domain and to bill Crown Life 1 . . . stillwater City Council Minutes Regular Meeting May 17, 1988 for the City Attorney's services. Farrell) (Ayes - 4; Nays - 1, Councilmember 2. Discussion of Lift Station - Cottaaes of stillwater Consulting Engineer Moore explained the background of the project. Bill Bissonette, representing Arkell Development explained the proposal for a temporary lift station. Motion by Councilmember Opheim, 5econded by Councilmember Farrell, to approve Arkell Development's installation of a private lift station, to be maintained by the City, and approved by the City's Consulting Engineer prior to installation. (All in favor) STAFF REPO~ 1. Finance Director - Motion by Councilmember Bodlovick, seconded by Councilmember Kimbl~ to remove the lien on the property at 620 Eagle Ridge Trail and to direct the City Attorney to draft an agreement between the City and property owner to pay the $6526 assessment at $400 per month with no interest. (All in favor) Ms. Caruso informed the Council of the Junior Account Clerk's resignation effective May 31. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to direct the Finance Director to reopen the previous application file for the Junior Account Clerk position and contact the top candidates. (All in favor) 2. Public Works Director - Motion by Councilmember Farrell, seconded by Councilmember Kimble to authorize the Public Works Director to advertise for bids for a new dump truck and two new pick-up trucks. (All in favor) Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to adopt the appropriate Resolution authorizing the hiring of Kyle Zaniewski, Ted Collins, Miles Tibbetts, and Scott Schmidt as part-time employees for approximately 12 weeks, June 1 to September 1, 1988 at a salary of $8.72 per hour. (Resolution No. 7909) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Nays - None 3. Comm. Dev. Director - 2 . . . stillwater City Council Minutes Regular Meeting May 17, 1988 Community Development Director Russell informed Council of a request by Mr. D.L. Paradeau of Zephyr to make a short presentation at the meeting, Tuesday, May 24, 1988. the Mayor and the Minnesota next special 4. Parks and Recreation - Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve a request by St. Croix Sailing Club for a permit to consume in Lowell Park on July 16 for 60 people. (All in favor) 5. Consultina Enaineer - Mr. Moore reported that the City has received approval for the Curve Crest project from the State and eligible storm sewer cost will be funded at 60.4 percent. He also reported that the landscape contractor is finished with Churchill Street and will proceed to Sycamore to complete the landscaping. 6. Public Safetv - Public Safety Director Mawhorter reported on a traffic study completed in the area of Broadway, Pine, and Second Streets. He made several recommendations to the Council based on the study. Motion by Councilmember Opheim, seconded by Councilmember Kimble to adopt the appropriate resolution approving a crosswalk at the northern end of Triangle Park, to paint the curb yellow to prevent parking which would obstruct the view of the crosswalk, to erect Pedestrian Crossing signs, a stop sign at Broadway and Pine, and stop signs on Pine at Chillicoate Hill as recommended by Chief Mawhorter. (Resolution No. 7913) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson Nays - None Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve an officer's attendance at a psychological survival course at Wilder at a cost of $95. (All in favor) Chief Mawhorter informed Council of the disposal of surplus property by the Police Department. 3 . Stillwat~r City Council Minutes Regular Meeting May 17, 1988 Chief Mawhorter presented a request to purchase a new software system for the Police Department, as the current software will no longer be supported by the company from which the system was purchased. This is a non-budgeted item, costing $9,730. The Department will forego the purchase of budgeted items in order to cover the cost of the software. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim, to authorize the purchase of a new software package for the Police Department out of its budget. (All in favor) PUBLIC HEARINGS 1. This is the day and time for the Public Hearing on an Ordinance regarding the regulation of Bed and Breakfast in residential districts in the City of Stillwater. Notice of the hearing was published in the Stillwater Gazette on May 6, 1988. . Comm. Dev. Director Russell gave background information on the development of the Bed and Breakfast Ordinance. Chuck Dougherty of the Rivertown Inn addressed the Council and questioned the necessity of setting a maximum of five bedroom units per establishment. Pam Thoreson, President of the Minnesota Historic Bed and Breakfast Association also addressed that point. Mr. Russell stated that the language could be changed in that regard. Motion by Councilmember Kimble, seconded by Councilmember Farrell to have a first reading of an Ordinance regarding the regulation of Bed and Breakfast in residential districts in the City of Stillwater and for Staff to draft changes for approval at the next meeting. (All in favor) 2. This is the day and time for the Public Hearing on an amendment of Planned Unit Development reducing the size of the commercial mall from 404,750 sq. feet to 303,000 sq. feet and changing the size of the hotel from 10 stories and 102 rooms to two stories and 96 rooms. The 76 acre property is located on the northeast corner of County Road .5 and Hwy.36. Robert Scott and Associates, applicant. Case No. PUD/87-9. Notice of the hearing was published in the Stillwater Gazette on May 6, 1988 and copies were mailed to affected property owners. . Mr. Russell reported that the applicant has not yet submitted plan amendment information. Mr. Bruce Olglog, attorney for Mr. Steindorff, and Dennie Kemp from the Scottsdale office of the developer, were present and requested a 50-day delay for the amendment, as the developer is experiencing difficulty 4 . . . stillwater City Council Hinutes Regular Heeting Hay 17, 1988 with the lender. They reported that a firm in Eden Prairie has been retained to study the erosion problem. A resident of the Cottages of Stillwater addressed the Council regarding the erosion problem, and stated that another erosion problem exists at the Cottages of Stillwater project. Hr. Glenn Bell, resident to the east of the Woodland Lakes site stated that he feels the dust from the site is a major health problem. Hr. Bob Weiser stated that the Downtown Business Association has been opposed to the project from the start and feels that the City's only option is to vote down the amendment. Shirley Barrett addressed the Council and asked that the Council deny the 60 day extension. Hayor Abrahamson closed the Public Hearing_ Council discussed the erosion control issue. Consulting Engineer Hoore outlined the original grading plan and stated that the estimated cost of implementing the plan would be $21,000, and if the development does not proceed, additional erosion control would cost an estimated $67,000. City Attorney Hagnuson suggested that the developer be given adequate notice that the City will proceed with erosion control and the charges will be assessed to his property. Hotion by Counci1member Opheim, seconded by Counci1member Bod1ovick to advertise immediately for bids for the erosion control process, that those bids be opened in 10 days, that Scott Steindorff be given 10 days to correct the erosion problem or the City will proceed with the process and assess the costs to the property, and that the cost of sprinkling the property during the 10 day period will also be assessed to the property. (All in favor) Hotion by Counci1member Opheim, seconded by Counci1member Kimble that no further action or discussion or hearings take place until the erosion control problem is solved or the bill is paid; and the following have been received: Letter of credit for project share of public improvements in the amount of $2,370,860, in lieu park fee of $28,350, plan check fee of approximately $41,700, $30,000 as requested by the City Finance Director for additional consultant fees, and reconfirmation with Herberqers and Radisson for amended plans. (All in favor) City Attorney Hagnuson stated that the City will have to study other ca~es to determine a reasonable time period in order to set a final deadline. Bob Thompson asked if there is any proof that Hr. Steindorff has actually spent any money. Don Bromen stated that retailers are reluctant to establish businesses or expand businesses because of the uncertainty of the Woodland Lakes Hall. 5 . . . Stillwater City Council Minutes Regular Meeting May 17, 198~ Farrell May 24, process Motion by Councilmember Opheim, seconded by Councilmember to instruct Staff to prepare by the next Council meeting, a calendar of deadlines which can be sent out in due notice form to the developer. (All in favor) (Council took a ten minute recess and reconvened at 10:25 pm) 3. This is the day and time for the Public Hearing on Local Improvement No. 250. The nature of the proposed improvements involve and include the construction of a storm water detention basin and related drainage improvements. Notice of the hearing was published in the Stillwater Gazette on May 6 and May 13, 1988 and copies were mailed to affected property owners. Mr. Moore presented the final plan and estimated costs. Motion by Farrell to Improvement 7914) Councilmember Bodlovick, adopt the appropriate No. 250 and advertising Counci lmember ordering Local (Resolution No. seconded by resolution for bids. Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson Nays - None NEW RUSINESS 1. Prenaration for detachment hearina - 0 240 Oak Park Hats/A- 4466 Stillwater. Councilmember Bodlovick was designated as the City representative for the hearing. CONSENT AGENDA Motion Farrell (All in by Councilmember Bodlovick, seconded by Councilmember to approve the consent agenda including the following: favor) 1. Directing payment of Bills (Resolution No. 7908) 2. Applications. Asphalt Specialties Co., P. O. Box 838 Lakeland, MN 55043-0838 CONTRACTORS Inc. Masonry and Brick Excavators Asphalt Paving Renewal Durand Construction 2901 Lake Elmo Avenue North Lake Elmo, MN 55402 General Contractor Qenewal 6 . . . Tom Geiger Services, Inc. 340 Fifth Avenue South Bayport, MN 55003 R. J. Miller Construction 11055 - 32nd Street Lake Elmo, MN 55402 Nova-Frost Inc. 1510 Fifth Avenue Newport, MN 55055 Oakwood Construction of st. Croix Valley Route 1, Box 507B st. Joseph, WI 54082 Duane Peterson 1919 West Pine Street Stillwater, MN 55082 stromberg, Inc. 16580 Division street Lakeland, MN 55043 Timm Excavating Route 1 Box 192 Wilson, WI 54027 Valley-Rich Company, Inc. 16540 Beverly Drive Eden Prairie, MN 55347 General contractor Renewal General Contractor Renewal Excavators Renewal General Contractor New General Contractor Renewal Plastering New Excavators Renewal Excavators New stillwater Brick Alley Inc. dba Brick Alley Restaurant & Bar Stillwater, MN 55082 LICENSES On Sale Liquor Sunday Liquor Cigarette Transfer 3. Claim received from 1008 Parkwood Lane for damages due to sewer backup. 4. Claim received from 907 Sunrise Avenue for damages due to failure of lift station. 5. Set Public Hearing Date of June 7, 1988 for the following Planning Cases: a) Case No. SUP/88-24 - Special Use Permit to conduct lawn and garden sales in a 1,600 square foot temporary greenhouse and outside area designated for this use at 2001 Washington Avenue North in the Industrial Park Commerical, IP-C District. SuperValue Stores, Inc. (Cub Foods), applicant. 7 . . . b) Case No. SUP/88-25 - Special Use Permit to fill and grade an approximate 2,000 foot road at 1250 South Main Street in the General Heavy Industrial/Two Family Residential/ Bluffland/Shoreland/Flood Plain District. Frank Aiple, applicant. c) Case No. V/88-27 - Variance request to construct an eight foot fence (six feet required) at 203 West Hazel Street in the Single Family Residential, RA, District. Richard A. and Julie Edstrom, applicants. d) Case No. SUP/88-28 - Special Use Permit to operate a furniture refinishing business at III South William Street in the Two Family Residential, RB, District. Chris and Laura Fischer, applicants. e) Case No. SUP/88-30 - Special Use Permit reguesting placement of two signs on the Grand Garage Building, 324 South Main Street, in the General Commercial, CA, District. One sign is a chimney sign (roof) sign, the other is an additional "major" face sign. Estebans of Stillwater, applicant. COMMUNICATIONS/REOUESTS 1. ComDlaint reaardina Churchill street reconstruction. Consulting Engineer Moore responded to the five questions addressed in the complaint. Staff will send a copy of Mr. Moore's report to the complainant. 2. Purchase of land from City Robert Trover Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to direct the City Attorney to have the property appraised which includes the north 1/2 of William st. starting from the west line of No. 2nd st. proceeding to the center of vacated No. 3rd st. and determine whether the City may sell the property. (All in favor) 3. Annexation of PerrY Prooertv. Motion by Councilmember Farrell, seconded by Councilmember Kimble to adopt the appropriate resolution supporting the annexation of the Richard Perry property abutting Neal Ave. to the east and north of Boutwell Rd. (Resolution No. 7910) Ayes - Councilmembers Bodlovick, Mayor Abrahamson - None Farrell, Kimble, Opheim, and Nays 4. Sewer bill ad;ustments to: Tina and Oscar Flotten. 1605 North Second. David Froehner. 115 N. Owens: North Second: Elm@r Brudos. 655 8 . . . stillwater City Council Minutes Regular Meeting May 17, 1988 Motion by Councilmember Farrell, seconded by Councilmember Kimble to approve adjustments to sewer bills of David Froehner, Tina and Oscar Flotten, and Elmer Brudos, as recommended by Staff. (All in favor) 5. ReDuest for 3 ft. variance to the 10 ft. setback reauirement for in-around Doo1 - Jeff Sherburne. 511 W. Moore. Motion by Councilmember Kimble, Bodlovick to approve the request by variance to the 10 ft. setback for an (All in favor) seconded by Councilmember Jeff Sherburne for a 3 ft. in-ground pool. STAFF REPORTS (Continued) 1. City Coordinator - Motion by Councilmember Farrell, seco~ded by Bodlovick to pay for insurance costs for fireworks requested by the Freight House. (All in f&vor) Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve the request for a Liquor Lic~nse for Brick Alley Restaurant and Bar, subject to th~ Police Department investigation. (All in favor) Councilmember on July 4, as Council discussed the Stillwater Elks Lodge request to sell pull tabs at two additional locations. Will discuss further at the next meeting. Motion by Councilmember Farrell, seconded by Councilmember Kimble to approve the request of the AAUW for tree parking for the annual antique show dealers and patrons. (All in favor) Motion by Councilmember Opheim, seconded b~ Councilmember to have a first reading of an Ordinance an~exing property the City of Stillwater located at Co. Rd. Sand 62nd St. favor) Farrell owned by (All in Motion by Councilmember Farrell, seco~ded by Councilmember Bodlovick to reappoint Morrie Andrewson to the Water Board for another term. (All in favor) ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Kimble to adjourn the meeting at 11:05 p.m. (All in favor) 9 . . Resolutions No. 7908 - Directing Payment of Bills No. 7909 - Employing Kyle Zanie,.ki, Ted Collins, Hiles Tibbets, and Scott Schmidt for part-time summer work in the Public Works Department No. 7910 - Supporting annexation of Richard Perry property No. 7913 - Approving crosswalk, painting of curb, Pedestrian Crossing and stop signs at northern end of Triangle Park area No. 7914 - Ordering L.I. 250 ATTEST: iJd; ~ l~;k~~ CI CLERK Submitted by: Shelly Schaubach Recording Secretary r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES May 17, 1988 8:01 p.m. The Meeting was called to order by Mayor Abrahamson. Recording Secretary Schaubach gave the Invocation. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson Absent: None Also Present: City Coordinator Kriesel Public Works Director Junker City Attorney Magnuson Parks Director Blekum Finance Director Caruso Public Safety Director Mawhorter Corom. Dev. Director Russell Consulting Engineer Moore Recording Secretary Schaubach Others: Mary Senkus, Bill Bissonette, Chuck Dougherty, Pam Thoreson, Bruce Oglog, Dennis Kemp, Glenn Bell, Bob Weiser, Shirley Barrett, Bob Thompson, Don Bromen, Richard Kilty, Robert Troyer, Jeff Sherburne r Press: Julie Kink, st. Croix Valley Press Lee Ostrom, Stillwater Gazette APPROVAL OF MINUTES Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the minutes of the Special Meeting of April 26, 1988, and the Regular and Recessed Meetings of May 3, 1988. (All in favor) INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Marv Senkus. Crown Life Insurance Camoanv - Grand Garaae - f Ms. Senkus, representing Crown Life, which is the current owner of the Grand Garage building, presented a request for the City to exercise its right of eminent domain to acquire the parking lot to the west of the Grand Garage. The current owner of the parking lot, Chrysler Credit Corporation, anticipates closing access to the parking lot as of June 1. Discussion followed regarding whether this is an issue in which the City should be involved. Motion by Councilmember Bodlovick to direct the settle the matter short of Opheim, seconded by Councilmember City Attorney to make an attempt to eminent domain and to bill Crown Life 1 r Stillwater City Council Hinutes Regular Heeting Hay 17, 1988 for the City Attorney's services. Farrell) (Ayes - 4; Nays - 1, Councilmember 2. Discussion of Lift Station - Cottaaes of Stillwater Consulting Engineer Hoore explained the background of the project. Bill Bissonette, representing Arkell Development explained the proposal for a temporary lift station. Hotion by Councilmember Opheim, seconded by Councilmember Farrell, to approve Arkell Development's installation of a private lift station, to be maintained by the City, and approved by the City's Consulting Engineer prior to installation. (All in favor) STAFF REPORTS 1. Finance Di~ector - r Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to remove the lien on the property at 620 Eagle Ridge Trail and to direct the City Attorney to draft an agreement between the City and property owner to pay the $6526 assessment at $400 per month with no interest. (All in favor) Ms. Caruso informed the Council of the Junior Account Clerk's resignation effective Hay 31. Hotion by Councilmember Farrell, seconded by Councilmember Bodlovick to direct the Finance Director to reopen the previous application file for the Junior Account Clerk position and contact the top candidates. (All in favor) 2. Public Works Director - Hotion by Councilmember Farrell, seconded by Councilmember Kimble to authorize the Public Works Director to advertise for bids for a new dump truck and two new pick-up trucks. (All in favor) Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to adopt the appropriate Resolution authorizing the hiring of Kyle Zaniewski, Ted Collins, Hiles Tibbetts, and Scott Schmidt as part-time employees for approximately 12 weeks, June 1 to September 1, 1988 at a salary of $8.72 per hour. (Resolution No. 7909) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Hayor Abrahamson. Nays - None r 3. Comm. Dev. Director - 2 r stillwater City Council Hinutes Regular Heeting Hay 17, 1988 Community Development Director Russell informed Council of a request by Hr. D.L. paradeau of Zephyr to make a short presentation at the meeting, Tuesday, Hay 24, 1988. the Hayor and the Hinnesota next special 4. Parks and Recreation - Hotion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve a request by st. Croix Sailing Club for a permit to consume in Lowell Park on July 16 for 60 people. (All in favor) 5. Consultina Enaineer - Hr. Hoore reported that the City has received approval for the Curve Crest project from the state and eligible storm sewer cost will be funded at 60.4 percent. He also reported that the landscape contractor is finished with Churchill Street and will proceed to Sycamore to complete the landscaping. 6 . Public Safetv - r Public Safety Director Hawhorter reported on a traffic study completed in the area of Broadway, Pine, and Second Streets. He made several recommendations to the Council based on the study. Hotion by Councilmember Opheim, seconded by Councilmember Kimble to adopt the appropriate resolution approving a crosswalk at the northern end of Triangle Park, to paint the curb yellow to prevent parking which would obstruct the view of the crosswalk, to erect Pedestrian Crossing signs, a stop sign at Broadway and Pine, and stop signs on Pine at Chillicoate Hill as recommended by Chief Hawhorter. (Resolution No. 7913) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Hayor Abrahamson Nays - None Hotion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve an officer's attendance at a psychological survival course at Wilder at a cost of $95. (All in favor) Chief Hawhorter informed Council of the disposal of surplus property by the Police Department. r 3 r stillwater City Council Minutes Regular Meeting May 17, 1988 Chief Mawhorter presented a request to purchase a new software system for the Police Department, as the current software will no longer be supported by the company from which the system was purchased. This is a non-budgeted item, costing $9,730. The Department will forego the purchase of budgeted items in order to cover the cost of the software. Motion by Councilmember BOdlovick, seconded by Councilmember Opheim, to authorize the purchase of a new software package for the Police Department out of its budget. (All in favor) PUBLIC HEARINGS 1. This is the day and time for the Public Hearing on an Ordinance regarding the regulation of Bed and Breakfast in residential districts in the City of Stillwater. Notice of the hearing was published in the Stillwater Gazette on May 6, 1988. r Comm. Dev. Director Russell gave background information on the development of the Bed and Breakfast Ordinance. Chuck Dougherty of the Rivertown Inn addressed the Council and questioned the necessity of setting a maximum of five bedroom units per establishment. Pam Thoreson, President of the Minnesota Historic Bed and Breakfast Association also addressed that point. Mr. Russell stated that the language could be changed in that regard. Motion by Councilmember Kimble, seconded by Councilmember Farrell to have a first reading of an Ordinance regarding the regulation of Bed and Breakfast in residential districts in the City of Stillwater and for Staff to draft changes for approval at the next meeting. (All in favor) 2. This is the day and time for the Public Hearing on an amendment of Planned Unit Development reducing the size of the commercial mall from 404,750 sq. feet to 303,000 sQ. feet and changing the size of the hotel from 10 stories and 102 rooms to two stories and 96 rooms. The 76 acre property is located on the northeast corner of County Road 15 and Hwy.36. Robert Scott and Associates, applicant. Case No. PUD/87-9. Notice of the hearing was published in the Stillwater Gazette on Hay 6, 1988 and copies were mailed to affected property owners. ("' Mr. Russell reported that the applicant has not yet submitted plan amendment information. Mr. Bruce Olglog, attorney for Mr. Steindorff, and Dennis Kemp from the Scottsdale office of the developer, were present and requested a 60-day delay for the amendment, as the developer is experiencing difficulty 4 ~ stillwater City Council Minutes Regular Meeting May 17, 1988 with the lender. They reported that a firm in Eden Prairie has been retained to study the erosion problem. A resident of the Cottages of Stillwater addressed the Council regarding the erosion problem, and stated that another erosion problem exists at the Cottages of Stillwater project. Mr. Glenn Bell, resident to the east of the Woodland Lakes site stated that he feels the dust from the site is a major health problem. Mr. Bob Weiser stated that the Downtown Business Association has been opposed to the project from the start and feels that the City's only option is to vote down the amendment. Shirley Barrett addressed the Council and asked that the Council deny the 60 day extension. Mayor Abrahamson closed the Public Hearing. r Council discussed the erosion control issue. Consulting Engineer Moore outlined the original grading plan and stated that the estimated cost of implementing the plan would be $21,000, and if the development does not proceed, additional erosion control would cost an estimated $67,000. City Attorney Magnuson suggested that the developer be given adequate notice that the City will proceed with erosion control and the charges will be assessed to his property. Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to advertise immediately for bids for the erosion control process, that those bids be opened in 10 days, that Scott Steindorff be given 10 days to correct the erosion problem or the City will proceed with the process and assess the costs to the property, and that the cost of sprinkling the property during the 10 day period will also be assessed to the property. (All in favor) Motion by Councilmember Opheim, seconded by Councilmember Kimble that no further action or discussion or hearings take place until the erosion control problem is solved or the bill is paid; and the following have been received: Letter of credit for project share of public improvements in the amount of $2,370,860, in lieu park fee of $28,350, plan check fee of approximately $41,700, $30,000 as requested by the City Finance Director for additional consultant fees, and reconfirmation with Herbergers and Radisson for amended plans. (All in favor) ~ City Attorney Magnuson stated that the City will have to study other cases to determine a reasonable time period in order to set a final deadline. Bob Thompson asked if there is any proof that Mr. Steindorff has actually spent any money. Don Bromen stated that retailers are reluctant to establish businesses or expand businesses because of the uncertainty of the Woodland Lakes Mall. 5 (' Stillwater City Council Hinutes Reqular Heetinq Hay 17, 1988 Hotion by Councilmember Opheim, seconded by Councilmember to instruct Staff to prepare by the next Council meetinq, a calendar of deadlines which can be sent out in due notice form to the developer. (All in favor) Farrell Hay 24, process (Council took a ten minute recess and reconvened at 10:25 pm) 3. This is the day and time for the Public Hearing on Local Improvement No. 250. The nature of the proposed improvements involve and include the construction of a storm water detention basin and related drainaqe improvements. Notice of the hearing was published in the Stillwater Gazette on Hay 6 and Hay 13, 1988 and copies were mailed to affected property owners. Hr. Hoore presented the final plan and estimated costs. Hotton by Farrell to Improvement 7914) Councilmember Bodlovick, adopt the appropriate No. 250 and advertising seconded by Councilmember resolution orderinq Local for bids. (Resolution No. f' , Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Hayor Abrahamson Nays - None NEW BUSINESS 1. PreDaration for detach~nt hearing - D-240 Oak Park Hats IA- 4466 stillwater. Councilmember Bodlovick was desiqnated as the City representative for the hearing. CONSRNT AGRNDA Hotion Farrell (All in by Councilmember Bodlovick, seconded by Councilmember to approve the consent aqenda includinq the followinq: favor) 1. Directing payment of Bills (Resolution No. 7908) 2. Applications. Asphalt Specialties Co., P. O. Box 838 Lakeland, HN 55043-0838 CONTRACTORS Inc. Hasonry and Brick Excavators Asphalt Paving Renewal Durand Construction 2901 Lake Elmo Avenue North Lake Elmo, HN 55402 General Contractor Renewal (' 6 r Tom Geiger Services, Inc. 340 Fifth Avenue South Bayport, MN 55003 General Contractor Renewal R. J. Miller Construction 11055 - 32nd street Lake Elmo, MN 55402 General Contractor Renewal Nova-Frost Inc. 1510 Fifth Avenue Newport, MN 55055 Excavators Renewal Oakwood Construction of st. Croix Valley Route 1, Box 507B st. Joseph, WI 54082 General Contractor New Duane Peterson 1919 West Pine Street Stillwater, MN 55082 General Contractor Renewal Stromtlerg, Inc. 16580 Division street Lake1and, MN 55043 Plastering New r Thom Excavating Route 1 Box 192 Wilson, WI 54027 Excavators Renewal Valley-Rich Company, Inc. 16540 Beverly Drive Eden Prairie, MN 55347 Excavators New Stillwater Brick Alley Inc. dba Brick Alley Restaurant & Bar Stillwater, MN 55082 LICENSI:S On Sale Liquor Sunday Liquor Cigarette Transfer 3. Claim received from 1008 Parkwood Lane for damages due to sewer backup. 4. Claim received from 907 Sunrise Avenue for damages due to failure of lift station. 5. Set Public Hearing Date of June 7, 1988 for the following Planning Cases: r a) Case No. SUP/88-24 - Special Use Permit to conduct lawn and 9arden sales in a 1,600 square foot temporary greenhouse and outside area designated for this use at 2001 Washington Avenue North in the Industrial Park Commerica1, IP-C District. SuperValue stores, Inc. (Cub Foods), applicant. 7 r b) Case No. SUP/88-25 - Special Use Permit to fill and grade an approximate 2,000 foot road at 1250 South Main Street in the General Heavy Industrial/Two Family Residential/ Bluffland/Shoreland/Flood Plain District. Frank Aiple, applicant. c) Case No. V/88-27 - Variance request to construct an eight foot fence (six feet required) at 203 West Hazel Street in the Single Family Residential, RA, District. Richard A. and Julie Edstrom, applicants. d) Case No. SUP/88-28 - Special Use Permit to operate a furniture refinishing business at III South William Street in the Two Family Residential, RB, District. Chris and Laura Fischer, applicants. e) Case No. SUP/88-30 - Special Use Permit requesting placement of two signs on the Grand Garage BUilding, 324 South Main Street, in the General Commercial, CA, District. One sign is a chimney sign (roof) sign, the other is an additional "major" face sign. Estebans of Stillwater, applicant. COMMUNICATIONS/REQUESTS 1. Comnlalnt reaardina ChuEchl11 street r8~onstructlon. r Consulting Engineer Moore responded to the five questions addressed in the complaint. Staff will send a copy of Mr. Moore's report to the complainant. 2. Purchase of land from City - Robert Trover Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to direct the City Attorney to have the property appraised which includes the north 1/2 of William St. starting from the west line of No. 2nd st. proceeding to the center of vacated No. 3rd st. and determine whether the City may sell the property. (All in favor) 3. Annexation of Perry Procertv. Motion by Councilmember Farrell, seconded by Councilmember Kimble to adopt the appropriate resolution supporting the annexation of the Richard Perry property abutting Neal Ave. to the east and north of Boutwell Rd. (Resolution No. 7910) Ayes - Councilmembers BOdlovick, Mayor Abrahamson - None Farrell, Kimble, Opheim, and Nays 4. Sewer bill ad1ustments to: Tina and Oscar Flotten. 1&05 North Second. David Froehner. 115 H. Owens: Horth Second: Rimer Brnda.. 655 r 8 r Stillwater City Council Minutes Regular Meeting Hay 17, 1988 Motion by Councilmember Farrell, seconded by Councilmember Kimble to approve adjustments to sewer bills of David Froehner, Tina and Oscar Flotten, and Elmer Brudos, as recommended by Staff. (All in favor) 5. Reauest for 3 ft. variance to the 10 ft. setback reauirement for In-aroUDd Dool - Jeff Sherburne. 511 V. Moore. Motion by Councilmember Kimble, Bodlovick to approve the request by variance to the 10 ft. setback for an (All in favor) seconded by Councilmember Jeff Sherburne for a 3 ft. in-ground pool. STAFF REPORTS (Continued) 1. City Coordinator - Hotion by Bodlovick requested Councilmember Farrell, seconded by to pay for insurance costs for fireworks by the Freight House. (All in favor) Councilmember on July 4, as r Hotion by Councilmember Kimble, seconded by Councilmember Opheim to approve the request for a Liquor License for Brick Alley Restaurant and Bar, subject to the Police Department investigation. (All in favor) Council discussed the Stillwater Elks Lodge request to sell pull tabs at two additional locations. Will discuss further at the next meeting. Motion by Councilmember Farrell, seconded by Councilmember Kimble to approve the request of the AAUW for free parking for the annual antique show dealers and patrons. (All in favor) Motion by Councilmember Opheim, seconded by Councilmember to have a first reading of an Ordinance annexing property the City of Stillwater located at Co. Rd. 5 and 62nd St. favor) Farrell owned by (All in Hotion by Councilmember Farrell, seconded by Councilmember Bodlovick to reappoint Morrie Andrewson to the Water Board for another term. (All in favor) ADJOURHH2NT Motion by Councilmember Farrell, seconded by Councilmember Kimble to adjourn the meeting at 11:05 p.m. (All in favor) r 9 r Resolutions No. 7908 - Directing Payment of Bills No. 7909 - Employing Kyle Zaniewki, Ted Collins, Hiles Tibbets, and Scott Schmidt for part-time summer work in the Public Works Department No. 7910 - Supporting annexation of Richard Perry property No. 7913 - Approving crosswalk, paintinq of curb, Pedestrian Crossing and stop signs at northern end of Triangle Park area No. 7914 - Ordering L.I. 250 Rail; ~ ATTEST: ~ ~ - . city 'CLERK- {J - r Submitted by: Shelly Schaubach Recording Secretary r