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HomeMy WebLinkAbout1988-06-07 CC MIN . . . RECESSED MEETING STILLWATER CITY COUNCIL KINUTES June 7, 1988 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. City Clerk Johnson gave ~he Invocation. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Also Present: City Attorney Magnusor Comm. Oev. Director Russell City Clerk Johnson Plan.Com. Chair. Fontaine Consulting Engineer Moore Admin. Intern Junker Press: Sara Flom, Stillwater Gazette Julie Kink, St.Croix Valley Press Mr. & Mrs. Frank Aiple, Clayton Patterson, Dick Kilty, Jeff Peterson, Bob Tanner, Richard Ernst, and Bob Brackey. Others: PUBLIC HEARINGS 1. This is the day and time for the Public Hearing on a Special Use Permit Request to conduct lawn and garden sales in a 1,600 sq. ft. temporary greenhouse and outside area designated for this use at 2001 WashIngton Ave. No. in the Indus. Pk. Commerc~al, IP-C Oist., Super Value Stores, Inc. (Cub Foods), Applicant. Case No. SUP/88/24. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. Comm. Oev. Director Russell presented the background of the case stating the request is to construct a temporary greenhouse and provide a storage/display area directly outside the designated structure in the Cub Foods parking lot. Mr. Fontaine stated the Planning Commission unanimously approved the request. Mayor Abrahamson closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve a Special Use Permit to conduct lawn and garden sales in a temporary greenhouse and outside area at Cub Foods, at 2001 Washington Ave. No., Case No. SUP/88-24, with recommended conditions. (All in favor). 1 . . . Stillwater City Council Minutes Recessed Meeting June 7, 1988 2. This is the day and time for the Public Hearing on a Special Use Permit request to fill and grade an approximate 2,000 ft. road at 1250 So. Main St. in the General Heavy Industrial/Two Family Residential/Bluffland/ Shoreland/Flood Plain Dist., Frank Aiple, Sr., Applicant. Case No. SUP/88-25. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. Mr. Russell explained the request is to use fill to raise the level of the road connecting the north and south parts of Mr. Aiple's operation. Mr. Fontaine stated the Planning Commission approved the request with the recommended conditions. Mr. Aiple was present and stated he will not be using as much fill as first thought. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Opheim to approve a Special Use Permit to fill and grade an approximate 2,000 ft. road, with the recommended conditions, at 1250 So. Main St. requested by Frank Aiple, Case No. SUP/88-25. (All in favor). 3. This is the day and time for the Public Hearing on a Variance request for construction of an eight ft. fence (six ft. required) at 203 W. Hazel St. in the Single Family Residential, RA Dist., Richard & Julie Edstrom, Applicants. Case No. V/88-27. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. Mr. Russell explained the fence will be located on the south side of the Edstrom property and will run east to west and affects only two families. He also presented a letter from the neighbor supporting the fence. Mr. Fontaine stated the Planning Commission felt the request was unique since the fence is completely out of sight and only affects two families. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the Variance request for construction of an eight ft. fence at 203 W. Hazel St., Richard & Julie Edstrom, Case No. V/88-27. (All in favor). 4. This is the day and time for the Public Hearing on a Special Use Permit Request to operate a furniture refinishing business in a garage at 111 So. William St. in the Two-Family Residential, RB Dist., Chris & Laura Fischer, Applicants. Case No. SUP/88-28. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. 2 . Stillwater City Council Minutes Recessed Meeting June 7, 1988 Mr. Russell stated the request is to operate a furniture refinishing business in a garage especially constructed for this purpose and the location of the garage will be on the south side of the property next to a ravine. Mr. Fontaine stated the Planning Commission had extensive discussion on this request and approved the request 6 - 1. There was a concern for danger to children from toxic waste. Mr. Fischer was present and outlined the controls for disposal of the stripper to be used and that he is abiding by hazardous waste disposal rules from County Health Dept. John Rheinberger, 818 W. Olive St., a neighbor to the south, opposed the request for the following reasons: He is opposed to a business in a residential neighborhood, possible noxious odors and dangerous chemicals, dumping wastes into the ravine, and storage of furniture outside the garage. Mr. Fischer stated there will be no noxious odors, wastes will not be dumped into the ravine, he is abiding by Health Dept. regulations, and will not be storing furniture outside. Jeff Peterson, 321 W. Pine Street, had concerns regarding the disposal of the wastes from the operation. Mr. Fi~cher answered all the concerns. . Mayor Abrahamson clos~d the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the Special Use Permit to operate a furniture refinishing business in a garage at 111 So. William St.. Chris & Laura Fischer, with recommended conditions and a review in six months. (!\yes - 4; Nays - I, Councilmember Opheim) . 5. This is the day and time for the Public Hearing on a Special Use Permit Request for placement of two signs on the Grand Garage Bldg., 324 So. Main St.; one sign being a chimney (roof) sign, the other an additional "major" face sign, located in the General Commercial, CA Dist., Estebans of Stillwater Restaurant. Case No. SUP/88-30. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. Mr. Tanner was present with drawings of his sign proposal. Mr. Russell described the request, stating it is for placement of two signs on the Grand Garage -- one being a chimney (roof) sign and the other an additional "major" face sign. Mr. Fontaine stated the Planning Commission unanimously approved the request. Mayor Abrahamson closed the public hearing. . 3 . . . Stillwater City Council Minutes Recessed Meeting June 7, 1988 Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve a Special Use Permit for placement of two signs on the Grand Garage 81dg., 324 So. Main St., Estebans of Stillwater Restaurant, Case No. SUP/88-30. (All in favor). UNFINISHED BUSINESS 1. Possible second reading of an ordinance annexing City owned property adjacent to County Rd. 5 and 62nd St. No. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick for a second reading and enactment of Ordinance No. 679, annexing City owned property adjacent to Co. Rd. 5 and 62nd St. No. Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Press On, Inc. - Support of drainage construction and credit against future assessments. Mr. Russell explained that Press On, Inc. is currently finishing construction of their project and parking lot on the west side of Industrial Blvd. In order to properly drain their lot, they would like to include an improvement which would be credited against any future assessments. Consulting Engineer Moore stated this area is part of the East Industrial Drainage Plan. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to grant Press On, Inc. some consideration for relief of assessments for a portion of the costs they are now expending for drainage improvements. (All in favor). 3. Final Plat Approval to resubdivide four existing lots comprising 2.72 acres into five lots located on northwest corner of County Rd. 5 and Croixwood Blvd. in the RCM Multi-family Residential Dist, Heritage Development Corp. Case No. SUB/88-17. Mr. Russell described t,.' -equest, recommending approval of the plan as submitted and that an access easement should be recorded with the plat. Mr. Kilty expressed concern that the final plat show the easement. Mr. Magnuson stated a condition of approval could be added including the easement. A representative of Heritage Development Corp. stated this will be included on the abstract and it is also a condition for building permits. Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve the Final Plat to resubdivide 4 existing lots into 5 lots, located on the 4 Stillwater City Council Minutes Recessed Meeting June 7, 1988 northwest corner of Co.Rd. 5 & Croixwood Blvd., Heritage Development Corp., Case No. SUB/88-17, with the stated conditions. (All in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Development Contract relating to St. Croix Place 2nd Add., and direct Mayor and Clerk to sign. (All in favor). 4. Final Subdivision approval for a two lot subdivision, dividing a 6.6 acre lot into two lots of 2.6 and 4.0 acres located in the Industrial Pk. Commercial Dist., IP-C, Richard Ernst II, applicant. Mr. Russell provided background on the request which is to subdivide the property into two lots and is part of a project to construct a strip commercial center. Further discussion followed between Council, Staff and Richard Ernst, Sr. regarding the 80 ft. right-of-way along the north property line. Mr. Ernst stated the school district failed to cooperate in dedication of a portion of this land for the right-of-way. Bob Brackey, who owns property on the frontage road, stated he feels that the easement for this road is necessary. . Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Final Subdivision for a two-lot subdivision located in the Industrial Pk. Comm. Dist., with an 80 ft. street dedication, Richard Ernst II. (All in favor). Council recessed for ten minutes and reconvened at 8:40 P.M. 5. Possible second reading of an ordinance amending the Stillwater City Code by increasing certain Permit Fees. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick for a second reading and enactment of Ordinance No. 680, amending the Stillwater City Code by Increasing certain Permit Fees. Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None NEW BUSINESS 1. Robert L. Brackey - Petition for Public Improvements, No. 60th St. (formerly Tuenge property). Mr. Brackey presented a petition for public improvements to his property located on North 60th St., east of the Kangaroo Storage facility. Mr. Russell stated this property is located in the area where a study is presently being done. . 5 Stillwater City Council Minutes Recessed Meeting June 7, 1988 Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt Resolution No. 7925, accepting a Petition for Public Improvements from Robert L. Brackey for property located on No. 60th St., east of Kangaroo Storage. (All in favor.) 2. Request for resubdivision of six lots in Oak Glen Townhom~s, Plat I, adding ten ft. to Lot 2 from Lot I, Block 4 and adding five ft. to Lots 2 and 4 from Lot 3, Block 6, and dedicating Lot 3, Block 6 and Lot I, Block 4 to Open Space; John Stibbe for Oak Glen Development Corp., Applicant. Case No. SUB/88-17. . Mr. Russell stated the request is to increase the size of three lots by taking land from two lots and the smaller lots would be placed in open space owned by Oak Glen Townhome Ass'n. He further stated the assessments have been paid for the vacant lot. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the request for resubdivision of 6 lots in Oak Glen Townhomes, Plat I, by John Stibbe for Oak Glen Development Corp. Case No. SUB/88-35. (All in favor). 3. Notification by W.R. Medical Electronics for use of building at 123 No. Second St., Case No. 627. Motion by Councilmember Opheim, seconded by Councilmember Kimble to approve the notification by W.R. Medical Electronics for lease of part of the building at 123 No. 2nd St., Connolly Bldg., Case No. 627. (All in favor). 4. Request to construct temporary parking lot in back of Northwestern Bell Bldg. along Olive St. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve a temporary parking lot in back of Northwestern Bell Bldg. along Olive St. until May IS, 1989. (All in favor). CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Farrell to adopt the Consent Agenda of May 3, 1988 including the following: (All in favor). 1. Directing Payment of Bills (Resolution No. 7918) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Contractors Licenses: . 6 . Stillwater City Council Minutes Recessed Meeting June 7, 1988 Avolis Plumbers & Builders, Inc. 1446 Hythe Street St. Paul, Mn. 55108 C & B Excavatin9 16115 Quality Trail No. Scandia, Mn. 55073 C & M Trust Rt. 1, Box 312 Centuria, Wi 54824 Lampert Yards, Inc. 1850 Como Ave. Box 64076 St. Paul, Mn. 55164 The Pacesetter Corporation 4343 So. 96th St. Omaha, NE 68127 General Contractor New Excavators Renewal Masonry & Brickwork New General Contractor Renewal General Contractor New . Puckett Construction HCR 3 #2 Kyle, So. Oak. 57752 New Roofin9, Plastering Paintin9, Window Installation Super 8 Builders, inc. 615 Camelot Drive Aberdeen, SO 57401 General Contractor New 3. Claim received from Russ Durand for damage to auto tire from rebar in curb in front of Thompson's Hardware. COUNCIL REQUEST ITEMS Discussion followed regarding policy for liquor licenses and this issue was tabled until a future meeting. Further discussion included the possible deterioration of lily lake. STAFF REPORTS (Continued) Claims From Sewer Backup Motion by Councllmember Bodlovick, seconded by Councilmember Opheim to authorize the payment of sewer back-up claims for the Robert Carlson, Ronald Vesel, Bonnie Bement, John 8eedle, Wayne Pepin and Ronald Kuehn properties in the amount of $4,650.96. (All in favor). . 7 . . Stillwater City Council Minutes Recessed Meeting June 7, 1988 ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Farrell to adjourn the meeting at 9:05 P.M. (All in favor). Resolutions: No. 7918 - Directing Payment of Bills. No. 7925 - Accepting Petition from Robert Brackey for Public Improvements on No.60th St., east of Kangaroo Storage. Ordinances: No. 679 - Annexing City Owned Property Adjacent to Co.Rd.5 and 62nd St. No. 680 - Increasing Certain Permit Fees. ATTEST: aJ"1 }1f/,Ucl -;)u,L~-Vl-d1A- . I CITY CLER t2/uJ4M~ MAYOR 8 r STILLWATER CITY COUNCIL MINUTES REGULAR MEETING June 7, 1988 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble (arrived at 4:35 P.M.), Opheim, and Mayor Abrahamson. Absent: None Also Present: City Attorney Magnuson Comm. Dev. Director Russell Public Works Director Junker Public Safety Director Mawhorter Finance Director Caruso Fire Chief Seim Consultin9 Engineer Moore Admin. Intern Junker City Clerk Johnson Press: Lee Ostrom, Stillwater Gazette Sara Flom, Stillwater Gazette Julie Kink, St.Croix Valley Press r Others: Larry Renko. STAFF REPORTS 1. Finance Director - Sewer Rate AdjUS~ments - Motion by Counci member Bodlovick, seconded by Councilmember Farrell to approve sewer rate adjustments for locations at 419 So. 2nd St., 623 W. Olive St., 1612 W. Oak St. and 1602 So. Greeley St. (All in favor.) (Councilmember Kimble arrived at 4:35 P.M.) Collection of Use Tax Refunds (Acton Sales Tax Case) - Motion by Councilmember Farrell, seconded by Councilmember Opheim to approve entering into an agreement with John Sarff to collect the sales and use tax refunds in relation to the Acton sales tax case for a fee of 33% of the refund. (All in favor). Leave of Absence - Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the leave of absence request by Finance Director Caruso as presented. (All in favor). r 1 r Stillwater City Council Minutes Regular Meeting June 7, 1988 2. Public Safety - Part-time Police Officers - Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve authorization to begin the process of selecting two new part-time pOlice officers. (All in favor). Sto~ Siens - Greeley & Churchill Streets - Mot on y Councilmember Bodlovick, seconded by Councilmember Opheim to adopt the appropriate resolution placing stop signs at Greeley and Churchill Streets, making this intersection a three-way stop intersection. (Resolution No. 7922) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Council directed that flags be posted, police direction be involved, and a notice posted in the paper to alert residents of the new stop signs. r Discussion of Traffic Problems at Counta Rd. 5 & Wildpines - Motion by Councilmember Kimble, seconde by Councilmember Opheim to send correspondence to the Washington County Board urging a study of the dangerous traffic situation, and also urging corrective action, on County Rd. Sand Wildpines Ln. (Ayes - 4; Nays - 1, Bodlovick.) 3. Comm. Development Director - Mr. Russell suggested the Council consider adopting a pOlicy of bonding for erosion control measures before projects are begun. He will draft materials for this by the next meeting. Discussion followed regarding a house built in a low area on Sunnyslope Ln. and the action to be taken. 4. Public Works - Installation of Parking Signs - Linden Nursing Home - Motion by Councilmember Kimble, seconded by Councilmember Opheim to adopt the appropriate resolution approving 1S-minute parking signs and handicapped parking signs on Linden and Third St. in the vicinity of the Linden Nursing Home. (Resolution No. 7923) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None r 2 r Stillwater City Council Minutes Regular Meeting June 7, 1988 Motion by Councilmember Farrell, seconded by Councilmember Kimble to accept a proposal to improve the curbing adjacent to Thompson Hardware in the amount of $1500. (All in favor). r Consulting Engineer - Drainage Improvement - Press On, Inc. Mr. Moore lnitiated discussion of the storm sewer relating to the Press On project. He has received notice from the State of Minnesota saying they will not participate in the costs related to the frontage road storm sewer. He suggested that portion of the project be reconsidered and if there are water problems in that area, they can be referred to Mn/DOT. 6. Fire Chief - Wage Negotiations for Pt.-Time Firefighters & Testin~ Fire Dept. Ladder Truck Motion y Councilmember Bodlovick, seconded by Counc lmember Farrell to approve the request to begin wage negotiations for part-time firefighters; and approval of testing for the Fire Dept. ladder truck. (All in favor). 5. 7. City Attorney - Release of Retainage Fee - Houle/Miller Lawsuit Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the release of retainage fee, relating to the lawsuit between Houle and Pete Miller for work done in Oak Glen, in the amount of approximately $18,000 on the condition that $15,000 be paid to Miller. (All in favor). Mr. Magnuson initiated discussion of vested rights as it relates to projects being developed in the City of Stillwater. 8. City Clerk - Emplo~nt of Concession Workers for Lila Lk. Complex - Motion y Councilmember Bodlovick, secon ed by Councilmember Kimble to adopt the appropriate resolution employing Kim Anderson and Kathy Molnar as concession workers at Lily Lk. Complex. (Resolution No. 7924) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None r 3 II r r r Stillwater City Council Minutes Regular Meeting June 7, 1988 PETITIONS, INDIVIDUALS AND DELEGATIONS Request for Rental of Facilities, Lily Lk. Com~lex, for Concession Stand Mr. Larry Renko, 206 E. Locust St., was presen to request rental of space to operate a concession stand at Lily Lk. Complex during the summer months. He was advised to contact the Parks & Recreation Commission. Discussion followed on policy involving concession stands in City parks and consideration of a workshop was suggested. RECESS - Motlon by Councilmember Bodlovick, seconded by Councilmember Farrell to recess the meeting at 5:34 P.M. (All in favor). Resolutions: No. 7922 - Placement of stop signs - Greeley & Churchill Street. No. 7923 - Placement of IS-Minute Parking Signs and Handicapped Parking Signs on Linden & Third Streets. No. 7924 - Employment of Kim Anderson & Kathy Molnar as Concession Wkrs. for Lily Lk. Complex. ATTEST: IJad; ~CI~~ 4 r RECESSED MEETING STILLWATER CITY COUNCIL MINUTES June 7, 1988 7:00 P.M. The Meetin9 was called to order by Mayor Abrahamson. City Clerk Johnson gave the Invocation. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Also Present: City Attorney Magnuson Comm. Dev. Director Russell City Clerk Johnson Plan.Com. Chair. Fontaine Consulting Engineer Moore Admin. Intern Junker Press: Sara Flom, Stillwater Gazette Julie Kink, St. Croix Valley Press Mr. & Mrs. Frank Aiple, Clayton Patterson, Dick Kilty, Jeff Peterson, Bob Tanner, Richard Ernst, and Bob Brackey. Others: r PUBLIC HEARINGS 1. This is the day and time for the Public Hearing on a Special Use Permit Request to conduct lawn and garden sales in a 1,600 sq. ft. temporary greenhouse and outside area designated for this use at 2001 Washington Ave. No. in the Indus. Pk. Commerc~al, IP-C Dist., Super Value Stores, Inc. (Cub Foods), Applicant. Case No. SUP/88/24. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. Comm. Dev. Director Russell presented the background of the case stating the request is to construct a temporary greenhouse and provide a storage/display area directly outside the designated structure in the Cub Foods parking lot. Mr. Fontaine stated the Planning Commission unanimously approved the request. Mayor Abrahamson closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve a Special Use Permit to conduct lawn and garden sales in a temporary greenhouse and outside area at Cub Foods, at 2001 Washington Ave. No., Case No. SUP/88-24, with recommended conditions. (All in favor). r 1 r Stillwater City Council Minutes Recessed Meeting June 7, 1988 2. This is the day and time for the Public Hearing on a Special Use Permit request to fill and grade an approximate 2,000 ft. road at 1250 So. Main St. in the General Heavy Industrial/Two Family Residential/Bluffland/ Shoreland/Flood Plain Dist., Frank Aiple, Sr., Applicant. Case No. SUP/88-25. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. Mr. Russell explained the request is to use fill to raise the level of the road connecting the north and south parts of Mr. Aiple's operation. Mr. Fontaine stated the Planning Commission approved the request with the recommended conditions. Mr. Aiple was present and stated he will not be using as much fill as first thought. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Opheim to approve a Special Use Permit to fill and grade an approximate 2,000 ft. road, with the recommended conditions, at 1250 So. Main St. requested by Frank Aiple, Case No. SUP/88-25. (All in favor). r 3. This is the day and time for the Public Hearing on a Variance request for construction of an eight ft. fence (six ft. required) at 203 W. Hazel St. in the Single Family Residential, RA Dist., Richard & Julie Edstrom, Applicants. Case No. V/88-27. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. Mr. Russell explained the fence will be located on the south side of the Edstrom property and will run east to west and affects only two families. He also presented a letter from the neighbor supporting the fence. Mr. Fontaine stated the Planning Commission felt the request was unique since the fence is completely out of sight and only affects two families. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the Variance request for construction of an eight ft. fence at 203 W. Hazel St., Richard & Julie Edstrom, Case No. V/88-27. (All in favor). 4. This is the day and time for the Public Hearing on a Special Use Permit Request to operate a furniture refinishing business in a garage at 111 So. William St. in the Two-Family Residential, RB Dist., Chris & Laura Fischer, Applicants. Case No. SUP/88-28. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. r 2 II n I I r Stillwater City Council Minutes Recessed Meeting June 7, 1988 Mr. Russell stated the request is to operate a furniture refinishing business in a garage especially constructed for this purpose and the location of the garage will be on the south side of the property next to a ravine. Mr. Fontaine stated the Planning Commission had extensive discussion on this request and approved the request 6 - 1. There was a concern for danger to children from toxic waste. Mr. Fischer was present and outlined the controls for disposal of the stripper to be used and that he is abiding by hazardous waste disposal rules from County Health Dept. John Rheinberger, 818 W. Olive St., a neighbor to the south, opposed the request for the following reasons: He is opposed to a business in a residential neighborhood, possible noxious odors and dangerous chemicals, dumping wastes into the ravine, and storage of furniture outside the garage. Mr. Fischer stated there will be no noxious odors, wastes will not be dumped into the ravine, he is abiding by Health Dept. regulations, and will not be storing furniture outside. Jeff Peterson, 321 W. Pine Street, had concerns regarding the disposal of the wastes from the operation. Mr. Fischer answered all the concerns. ~ Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the Special Use Permit to operate a furniture refinishing business in a garage at 111 So. William St., Chris & Laura Fischer, with recommended conditions and a review in six months. (Ayes - 4; Nays - I, Councilmember Opheim). 5. This is the day and time for the Public Hearing on a Special Use Permit Request for placement of two signs on the Grand Garage Bldg., 324 So. Main St.; one sign being a Chimney (roof) sign, the other an additional "major" face sign, located in the General Commercial, CA Dist., Estebans of Stillwater Restaurant. Case No. SUP/88-30. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. Mr. Tanner was present with drawings of his sign proposal. Mr. Russell described the request, stating it is for placement of two signs on the Grand Garage -- one being a Chimney (roof) sign and the other an additional "major" face sign. Mr. Fontaine stated the Planning Commission unanimously approved the request. Mayor Abrahamson closed the public hearing. ~ 3 r r r Stillwater City Council Minutes Recessed Meeting June 7, 1988 Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve a Special Use Permit for placement of two signs on the Grand Garage Bldg., 324 So. Main St., Estebans of Stillwater Restaurant, Case No. SUP/88-30. (All in favor). UNFINISHED BUSINESS 1. Possible second reading of an ordinance annexing City owned property adjacent to County Rd. 5 and 62nd St. No. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick for a second reading and enactment of Ordinance No. 679, annexing City owned property adjacent to Co. Rd. 5 and 62nd St. No. Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Press On, Inc. - Support of drainage construction and credit against future assessments. Mr. Russell explained that Press On, Inc. is currently finishing construction of their project and parking lot on the west side of Industrial Blvd. In order to properly drain their lot, they would like to include an improvement which would be credited against any future assessments. Consulting Engineer Moore stated this area is part of the East Industrial Drainage Plan. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to grant Press On, Inc. some consideration for relief of assessments for a portion of the costs they are now expending for drainage improvements. (All in favor). 3. Final Plat Approval to resubdivide four existing lots comprising 2.72 acres into five lots located on northwest corner of County Rd. 5 and Croixwood Blvd. in the RCM Multi-family Residential Dist, Heritage Development Corp. Case No. SUB/88-17. Mr. Russell described the request, recommending approval of the plan as submitted and that an access easement should be recorded with the plat. Mr. Kilty expressed concern that the final plat show the easement. Mr. Magnuson stated a condition of approval could be added including the easement. A representative of Heritage Development Corp. stated this will be included on the abstract and it is also a condition for building permits. Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve the Final Plat to resubdivide 4 existing lots into 5 lots, located on the 4 r Stillwater City Council Minutes Recessed Meeting June 7, 1988 northwest corner of Co.Rd. 5 & Croixwood 8lvd., Heritage Development Corp., Case No. SUB/88-l7, with the stated conditions. (All in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Development Contract relating to St. Croix Place 2nd Add., and direct Mayor and Clerk to sign. (All in favor). r 4. Final Subdivision approval for a two lot subdivision, dividing a 6.6 acre lot into two lots of 2.6 and 4.0 acres located in the Industrial Pk. Commercial Dist., IP-C, Richard Ernst II, applicant. Mr. Russell provided background on the request which is to subdivide the property into two lots and is part of a project to construct a strip commercial center. Further discussion followed between Council, Staff and Richard Ernst, Sr. regarding the 80 ft. right-of-way along the north property line. Mr. Ernst stated the school district failed to cooperate in dedication of a portion of this land for the right-of-way. Bob Brackey, who owns property on the frontage road, stated he feels that the easement for this road is necessary. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Final Subdivision for a two-lot subdivision located in the Industrial Pk. Comm. Dist., with an 80 ft. street dedication, Richard Ernst II. (All in favor). Council recessed for ten minutes and reconvened at 8:40 P.M. 5. Possible second reading of an ordinance amending the Stillwater City Code by increasing certain Permit Fees. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick for a second reading and enactment of Ordinance No. 680, amending the Stillwater City Code by Increasing certain Permit Fees. Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None NEW BUSINESS 1. Robert L. Brackey - Petition for Public Improvements, No. 60th St. (formerly Tuenge property). Mr. Brackey presented a petition for public improvements to his property located on North 60th St., east of the Kangaroo Storage facility. Hr. Russell stated this property is located in the area where a study is presently being done. r 5 r Stillwater City Council Minutes Recessed Meeting June 7, 1988 Motion by Counci1member Bod10vick, seconded by Counci1member Farrell to adopt Resolution No. 7925, accepting a Petition for Public Improvements from Robert L. Brackey for property located on No. 60th St., east of Kangaroo Storage. (All in favor.) 2. Request for resubdivision of six lots in Oak Glen Townhomes, Plat I, adding ten ft. to Lot 2 from Lot I, Block 4 and adding five ft. to Lots 2 and 4 from Lot 3, Block 6, and dedicating Lot 3, Block 6 and Lot I, Block 4 to Open Space; John Stibbe for Oak Glen Development Corp., Applicant. Case No. SUB/88-17. Mr. Russell stated the request is to increase the size of three lots by taking land from two lots and the smaller lots would be placed in open space owned by Oak Glen Townhome Ass'n. He further stated the assessments have been paid for the vacant lot. Motion by Councilmember Farrell, seconded by Councilmember Bod10vick to approve the request for resubdivision of 6 lots in Oak Glen Townhomes, Plat I, by John Stibbe for Oak Glen Development Corp. Case No. SUB/88-35. (All in favor). r 3. Notification by W.R. Medical Electronics for use of building at 123 No. Second St., Case No. 627. Motion by Councilmember Opheim, seconded by Councilmember Kimble to approve the notification by W.R. Medical Electronics for lease of part of the building at 123 No. 2nd St., Connolly Bldg., Case No. 627. (All in favor). 4. Request to construct temporary parking lot in back of Northwestern Bell Bldg. along Olive St. Motion by Counci1member Bod10vick, seconded by Counci1member Kimble to approve a temporary parking lot in back of Northwestern Bell Bldg. along Olive St. until May IS, 1989. (All in favor). CONSENT AGENDA Motion by Counci1member Kimble, seconded by Counci1member Farrell to adopt the Consent Agenda of May 3, 1988 including the following: (All in favor). 1. Directing Payment of Bills (Resolution No. 7918) Ayes - Counci1members Bod10vick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Contractors Licenses: r 6 r Stillwater City Council Minutes Recessed Meeting June 7, 1988 Avolis Plumbers & Builders, Inc. 1446 Hythe Street St. Paul, Mn. 55108 C & B Excavating 16115 Quality Trail No. Scandia, Mn. 55073 C & M Trust Rt. I, Box 312 Centuria, Wi 54824 General Contractor New Excavators Renewa 1 Masonry & Brickwork New Lampert Yards, Inc. 1850 Como Ave. Box 64076 St. Paul, Mn. 55164 General Contractor Renewa 1 The Pacesetter Corporation 4343 So. 96th St. Omaha, NE 68127 General Contractor New r Puckett Construction HCR 3 #2 Kyle, So. Oak. 57752 Roofing, Plastering Painting, Window Installation New Super 8 Builders, Inc. 615 Camelot Drive Aberdeen, SO 57401 General Contractor New 3. Claim received from Russ Durand for damage to auto tire from rebar in curb in front of Thompson's Hardware. COUNCIL REQUEST ITEMS Discussion followed regarding policy for Liquor Licenses and this issue was tabled until a future meeting. Further discussion included the possible deterioration of Lily Lake. STAFF REPORTS (Continued) Claims From Sewer Backup Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to authorize the payment of sewer back-up claims for the Robert Carlson, Ronald Vesel, Bonnie Bement, John Beedle, Wayne Pepin and Ronald Kuehn properties in the amount of $4,650.96. (All in favor). r 7 r r r Stillwater City Council Minutes Recessed Meeting June 7, 1988 ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Farrell to adjourn the meeting at 9:05 P.M. (All in favor). Resolutions: No. 7918 - Directing Payment of Bills. No. 7925 - Accepting Petition from Robert Brackey for Public Improvements on No.60th St., east of Kangaroo Storage. Ordinances: No. 679 - Annexin9 City Owned Property Adjacent to Co.Rd.5 and 62nd St. No. 680 - Increasing Certain Permit Fees. ATTEST: . tV'1 ~C~~ 8 n ~