HomeMy WebLinkAbout1991-05-21 CC MIN
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REGULAR tlEETING
STILLWATER CITY COUNCIL
MINUTES
May 21, 1991
8:00 P.M.
The Meeting was called to order by Mayor Abrahamson.
Present:
Councilmembers Bodlovick, Funke, Opheim and Mayor
Abrahamson.
Absent:
Councilmember Farrell
Press:
City Coordinator Kriesel
City Attorney Magnuson
Consulting Engineer Moore
Comm. Dev. Director Russell
Public Works Director Junker
Public Safety Director Mawhorter
City Clerk Johnson
Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
Jim Kellison - Con Spec Corp., Bob Marois, Lee Sandager, Doug
Thomas, James Hoeft - Ground Development.
Councilmember Farrell Honored
Mayor Abrahamson noted that Councilmember Farrell was absent from the
meeting tonight because he will be receiving a "Counselor of the Year
Award" from the St. Paul School District.
Also Present:
Others:
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INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Resolution commending Tom Lammers posthumously for years of service to
City.
MotiORlDy Councilmember Opheim, seconded by Councilmember Funke to adopt the
appropriate resolution awarding a Certificate of Appreciation posthumously to
Fredrick "Tom" Lammers for many years of service to the City of Stillwater.
(Resolution No. 91-95)
Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson.
Nays - None
Mayor Abrahamson, on behalf of the Council, awarded the Certificate of
Appreciation and expressed sympathy to the Lammers family on the passing
of Mr. Lammers.
APPROVAL OF MINUTES - Regular & Recessed Meetings - May 7, 1991.
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve
the minutes of the Regular and Recessed Meetings of May 7, 1991. (All in
favor) .
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Stillwater City Council Minutes
May 21, 1991
Regular Meeting
Mayor Abrahamson noted that tonight's meeting started at 8:00 P.M. in
stead of 7:00 P.M., as originally stated, due to the School Board
Elections.
STAFF REPORTS
1. "Dead End" sign for Wil dwood Lane.
Motion by Councilmember BodloV1Ck, seconded by Council member Funke to place a
"Dead End" sign on Wildwood Lane off Eagle Ridge Trail. (All in favor).
Employing Scott Tierney Part-Time in Public Works De~.
Motion by Councilmember BodloV1Ck, seconded by CounCllme er Opheim to adopt
the appropriate resolution employing Scott Tierney part-time in the Public
Works Dept. (Resolution No. 91-96) ,
Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson.
Nays - None
2. Public Safety Director - No Report.
3. Community Development Director - No Report.
r. 4. Consulting Engineer - No Report.
PUBLIC HEARINGS
1. This is the day and time for Local Improvement Hearing No. 271, Curve
Crest Blvd. from Washington Ave. to the West.
Notice of the hearing was published in The Courier on May 9 and May
16, 1991 and mailed to affected property owners.
Consulting Engineer Moore presented information for the improvement of
Curve Crest Blvd. from Washington Ave. westerly. The improvement consists
of sanitary sewer, watermain, MSA street and is similar to Curve Crest
Blvd. east of Washington Ave. The total cost of the improvement is
$415,970.00. Funding is available from MSA funds in the amount of
$259,000 for street and $18,000 for storm sewer which was constructed last
winter. The amount to be assessed is $117,000. Mr. Moore stated a mock
assessment roll has been prepared and further explained the proposed
assessment.
Lee Sandager, speaking for the Sandager family, stated they own Lots 1
through 6. He asked if there was a street assessment for Lot 6 when
Washington was done, and if that assessment has already been assigned to
the property. Mr. Moore stated there was and that lot will not be
assessed for a hook-up, but one will be constructed for Lot 5. Mr.
Sandager had more questions about hook-ups and Mr. Moore will review this
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Stillwater City Council Minutes
May 21, 1991
Regular Meeting
item with Mr. Sandager. City Attorney Magnuson also stated some lots may
need to be combined and suggested this be discussed with Mr. Russell. Mr.
Sandager also had questions about the high elevations of the property.
Mr. Moore replied that the City will probably need slope easements in that
area.
Doug Thomas, Scandia, also a member of the Sandager family, questioned the
street design and access points through the medium on Curve Crest.
Lee Sandager asked whether there is any plan for construction of Tower Dr.
since Dan Sandager has three lots that will need improvements. Discussion
followed on possible combinations of these lots in order to provide
services.
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Jim Kellison, 4394 129th St., Hugo, representing Curve Crest Properties
and C. R. Hackworthy, questioned the establishment of division lines of
properties and the amount of acreage as it relates to assessments. Mr.
Kellison also questioned the 35% engineering contingency, legal,
administrative, and bonding costs. Mr. Moore explained the policy.
Questions also arose regarding left turn access maintenance. It was
explained that the City maintains this as far as the property line.
Mayor Abrahamson closed the public hearing.
Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt
the appropriate resolution ordering the improvement and directing the Engineer
to prepare plans and specifications for L.I. 271, Curve Crest Blvd. from
Washington Ave. to the West. (Resolution No. 91-97)
Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson.
Nays - None
2. This is the day and time for Local Improvement Hearing No. 273, Highlands
of Stillwater, (formerly Benson Farm Property).
Notice of the hearing was published in The Courier on May 9 and May
16, 1991 and mailed to affected property owners.
Mr. Moore explained the project which is located north of Orleans St.
extended and Washington St. The property was formerly known as the Benson
Farm and was recently annexed to the City. Ground Development (the
Developer) will develop in phases. The property also includes a park.
Mr. Moore stated the total cost of Phase I improvements is $423,780 and
includes sanitary sewer, watermain, storm sewer, street construction and
appurtenances. He further stated the Highlands of Stillwater costs have
been separated from the W. Orleans costs and explained the time schedule.
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Stillwater City Council Minutes
May 21, 1991
Regular Meeting
He stated it would be advantageous to combine the Curve Crest project with
the Highlands of Stillwater in order to obtain b~tter prices for
construction. The schedule for the project included part of Lot 1 of the
Prime Site Subdivision which was land locked and will provide utility
service and access when Orleans is constructed through. The Orleans costs
would be spread over three phases per Developers request.
James Hoeft, Counsel for Ground Development, questioned the term of the
assessment and Council replied that usually ten years is allowed. Mayor
Abrahamson closed the public hearing.
It was also noted that Neal Skinner, Prime Site, Inc., submitted a letter
of objection to being assessed any improvement costs for the frontage of
the park area because they have already paid a park dedication fee.
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt
the appropriate resolution ordering the improvement and directing the Engineer
to prepare plans and specifications for L.I. 273, Highlands of Stillwater.
(Resolution No. 91-98)
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Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson.
Nays - None
City Attorney Magnuson asked the Developer's attorney what relationship
the Benson's have to the project and the attorney stated the Benson's hold
the mortgage for the property, but the Developer is responsible for the
assessments.
UNFINISHED BUSINESS
1. Modlflcation to Special Use Permit Master Plan for Popeyes Restaurant
located at 422 E. Mulberry St. in the Bluffland/ShoreTand D1St., Robert
Marols, A~~licant.
Mr. Russe summarized the situation and stated the most important aspect
is the change in use of the project, including seating, signage and trash
receptacle. The conditions of approval were discussed.
Bob Marois, Manager of Popeye's, stated he had not seen Mr. Russell's
report prior to tonight's meeting. He found the limit of 48 people on the
front patio and closing time of 10:30 P.M. for the patio to be restrictive.
Further discussion followed on these items and also on monitoring the
crowd in the facility and the parking lot. Mr. Magnuson stated the noise
problem could be dealt with through the noise ordinance. Councilmember
Opheim stated the City does not want anything negative going on downtown
and want a cooperative arrangement between the Police and Bar Owners. A
discussion of police calls followed.
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Stillwater City Council Minutes
May 21, 1991
Regular Meeting
Council asked Mr. Marois to use his best effort to cooperate as far as the
trash receptacles are concerned and to put some pressure on the restaurant
owner and/or Stillwater Yacht Club to screen trash receptacles.
After checking with Liquor Control, it was noted that the Liquor License
can be amended to include the deck/patio and bar.
Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve
the conditions of approval and as amended regarding occupancy of deck, closing
time for front patio, trash receptacle, liquor license and elimination of
landscape fencing for Popeyes Restaurant, 422 E. Mulberry St. in the
Bluffland/Shoreland Dist., Robert Marois, Applicant. (All in favor).
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Final Plat A~proval for 33 Lot First Phase of Hi~hlands of Stillwater
SubdivisIon ocated east of the lntersectlon of . Orleans & Washln ton
ve. enson arm, ase o. .
Mr. Russell explalned the details of the Final Plat Approval and that the
Development Agreement has not been approved as of this date. City
Attorney Magnuson stated some modifications must be made to the agreement.
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve
the Final Plat for the 33 Lot First Phase of Highlands of Stillwater
Subdivision located east of the intersection of W. Orleans & Washington Ave.
(Benson Farm), Case NO. SUB/91-23. (All in favor).
2.
3. Update on Downtown Plan I~rovements.
Mr. Russell presented further information on the trash building for the
Freight House and area businesses, benches and trash receptacles in the
downtown area, and improvements related to the Lowell Inn. Mr. Russell
will present further information at the next meeting regarding the trash
building. The City would like to see more participation on the part of
the downtown restaurants for this venture. Mr. Russell stated the trash
receptacles and benches for downtown can be purchased for 30% less if
purchased and installed by City crews.
Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the
purchase of 12 benches ($9,660) and 25 trash receptacles ($12,900) as
recommended. (All in favor). -
Mr. Russell stated he had met with Mr. Palmer to discuss coordinated
parking lot improvements for the lot north of the Lowell Inn and
undergrounding of utilities. Mr. Palmer requested that costs be assessed
to him; would also like to use brick pavers in front of the Inn; and would
be willing to lease land across Second St. in exchange for use of 16 ft.
of City land on west side of Second St. Mr. Russell asked Council's
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Stillwater City Council Minutes
May 21, 1991
Regular Meeting
permission to continue working with Mr. Palmer on these issues and Council
concurred.
Council recessed for ten minutes and reconvened at 9:50 P.M.
4. Discussion of Volume Based Fee System for Solid Waste Collection.
Councll wlll hold a Volume Based Fee Workshop on May 28, 1991 at 4:00 P.M.
in the Council Chambers.
NEW BUSINESS
1. Appolntment of Tom Lillesve to Park & Recreation Commission.
Motion by Councilmember Funke, seconded by Councilmember BodloV1Ck to appoint
Tom Lillesve to the Park and Recreation Commission replacing Fredrick "Tom"
Lammers who recently passed away. (All in favor). . -
2. Possible rea~pointment of Jim Weaver to Board of Water Commissioners.
Motion by Counci member Opheim, seconded by Councllmember Funke to reappoint
Jim Weaver to the Board of Water Commissioners. (All in favor).
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2. Ordinance comprehensively reor~aniZing and classifying, including minor
modifications to the Zoning Or inance, City of Stillwater, Applicant.
Case No. ZAT/91-1.
Motion by Councllmember Bodlovick, seconded by Councilmember Opheim to have a
first reading of an ordinance comprehensively reorganizing and classifying,
including minor modifications to the Zoning Ordinance, City of Stillwater,
Applicant, Case NO. ZAT/91-1. (All in favor).
3. Planning Commission Vacancy.
Motion by Councilmember Ophelm, seconded by Councilmember Funke to advertise
the opening on the Planning Commission due to the resignation of Judy Curtis.
(All in favor).
CONSENT AGENDA
MotIon by Councilmember Bodlovick, seconded by Councilmember Funke to approve
the Consent Agenda of May 21, 1991, including the following: (All in favor).
1. Directin~ Payment of Bills (Resolution No. 91-88) .
Ayes - Councllmembers 80dloV1Ck; Funke, Opheim and Mayor Abrahamson.
Nays - None
2. Contractors Licenses.
C & M Trust
Rt. 1, Box 312
Centuria, Wi 54824
Masonry & Brick Work
Renewal
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Stillwater City Council Minutes
May 21, 1991
Regular Meeting
Croix Valley Roofing
16220 Third St. No.
Lakeland, Mn. 55043
Roofing
Renewa 1
David J. Construction
104 No. Harriet St.
Stillwater, Mn. 55082
General Contractor
Renewal
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Delaney's Construction
10805 Hyland Terrace
Eden Prairie, Mn. 55344
Eiklenborg Construction
10343 Dellwood Rd.
Stillwater, Mn. 55082
Fuhr Trenching
12639 Manning Ave. No.
Hugo, Mn. 55038
Gallati Excavating, Inc.
6284 Upper 46th St. No.
Oakdale, Mn. 55128
General Contractor
New
Masonry & Brick Work
Renewal
Excavators
Renewal
Excavators
Renewal
Horak, Inc.
244 So. 4th St.
Bayport, Mn. 55003
Moving & Wrecking Bldg. Renewal
Tree Trimmers
Minnesota Elevator, Inc.
P.O. Box 443
Mankato, Mn. 56002
Elevator Installation
New
Sign Services, Inc.
1016 No. 5th St.
Minneapolis, Mn. 55411
T. G. Home Builders
120 Collen St.
Wyoming, Mn. 55092
Topline Outdoor Advertising
1471 - 92nd Lane N.E.
Blaine, Mn. 55434
Sign Erection
Renewal
General Contractor
New
Si gn Erecti on
New
3.
Submission of claim to Insurance Co. for damage to auto from pipe in
drain - Doug Sewright, 9850 Old Deer Tr.
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4. Request for Banner - Valley Antique Show, Sept. 14 & 15, 1991.
5. Set Public Hearin Date of June 4, 1991 for the followin Plannin Cases:
a. ase o. lnor u lV s on 0 a . acre parce Into
two lots of 4.96 acres & 6.33 acres located north of STH 96 in the RA,
Single-Family Residential Dist. & Bluffland/Shoreland Dist., Kenneth
Seefert, Applicant.
b. Case No. SUP/91-19 - A Special Use Permit for modification to a
prevlously approved Special Use Permit to construct a 22 ft. by 24 ft.
two-story addition to a group home residential facility at 310 W.
MYrtle St. located in the RCM, Medium Density Multiple-Family
Residential Dist., Rodney Stivland, Applicant.
c. Case No. V/91-21 - A Variance to the five ft. sideyard setback
requirement for the construction of an attached garage with a zero
sideyard setback located at 915 W. Abbott St. in the RB, Two Family
Residential Dist., Raymond Loida, Applicant.
d. Case No. V/91-22 - A Variance to the front yard setback requirement
(thirty ft. required, fifteen ft. requested) and to the sideyard
setback requirement (five ft. required, three ft. proposed) for the
construction of a screened porch at 511 W. Moore St. located in the RA,
Single-Family Residential Dist., Jeff Sherburne, Applicant.
e. Case No. V/91-24 - A Variance to the building coverage for an accessory
structure (1,000 sq. ft. maximum, 1,562 sq. ft. requested) for the
construction of an 832 sq. ft. garage at 428 E. Alder St. located in
the RB, Two-Family Residential Dist. and the Bluffland/Shoreland Dist.,
Douglas Vollmer, Applicant.
f. Case No. SUB/91-25 - A Major Subdivision of a 29.5 acre parcel into two
outlots and five developable lots ranging in size from 25,180 sq. ft.
to 44,600 sq. ft located off Eagle Ridge Tr. in the RA, Single-Family
Residential Dist., Tim Nolde, Applicant.
g. Case No. V/91-26 - A Variance to the Sign Ordinance for the placement
of a twenty sq. ft. monument sign, eight ft. from the property line
located at 1672 So. Greeley St. in the BP-C, Business Pk. Comm. Dist.,
Larry Axdahl & Sheldon Pearson, Applicants.
h. Case No. SUP/91-27 - A Special Use Permit for a guest house inn with
three rooms and lndoor/outdoor public dining located at 114 E. Chestnut
St. (the Brunswick House) in the CBD, Central Bus. Dist., Duane &
Martha Hubbs, Applicants.
i. Case No. V/91-28 - A Variance to the rearyard and sideyard setback
requlrements (five ft. rearyard & sideyard required, two ft. rearyard &
sideyard requested) for the construction of a 442 sq. ft. garage at 808
So. Third St. located in the RB, Two-Family Residential Dist., Daniel
St. Claire, Applicant.
j. Case No. SUP/90-17 - A Special Use Permit Review for a permit to
conduct small group tours, small business meetings & small weddings (40
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Stillwater City Council Minutes
May 21, 1991
Regular Meeting
people maximum) at the William Sauntry Bed & Breakfast located at 626
No. Fourth St. in the RB, Two-Family Residential Dist., Duane & Martha
Hubbs, Applicants.
STAFF REPORTS (Continued)
5. Community Development Director
Mr. Russell announced that there will be a committee meeting every couple
of weeks during construction in the downtown. He also presented a logo
for use in promoting the downtown during this period.
Bud~et for Downtown Shuttle & Public Information Program
Motion y Councllmember Funke, seconded by Councilmember Opheim to approve the
budget of $3,650 for the Downtown Shuttle and public information program
duri ng Down town Imp rovements. (A 11 in favor).
Designation of Bus Stop for Summer Downtown Bus Shuttle
Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the
designation and signage for a bus stop on Second St. south of Myrtle St. (All
in favor).
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Mr. Russell also informed Council that a "Kick-off" celebration and
pancake breakfast will be held tentatively on June-l1 for downtown
cons tructi on.
lack of concern for
(All in favor).
Planning Seminar
Motion by Councllmember Opheim, seconded by Councilmember Bodlovick to approve
the attendance of Councilmember Funke and Planning Staff Member at a Planning
Workshop in Hastings on June 6 & 7 at a cost of $60.00 per person. (All in
favor ).
6. Consulting Engineer -
Approving Plans & Specs, and Ad for Bids, L.I. 271
Motion by Councllmember Funke, seconded by Councilmember Opheim to adopt
the appropriate resolution approving plans and specifications and
ordering advertisement for bids for L.I. 271, Curve Crest Blvd. improvements.
(Resolution No. 91-99)
Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson.
Nays - None
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Stillwater City Council Minutes
May 21, 1991
Regular Meeting
Approving Plans & Specs, and Ad for Bids, L.I. 273
Motion by Councilmember Funke, seconded by Council member Opheim to adopt
the appropriate resolution approving plans and specifications and ordering
advertisement for bids for L.I. 273, Highlands of Stillwater improvements.
(Resolution No. 91-100)
Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson.
Nays - None
Authorization to Pre are Preliminary Gradin Plan for "Green Twi
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Rubberized RR Crossings on Chestnut & Nelson Streets
Motion by Councilmember Ophelm, seconded by Councilmember Funke to authorize
the expenditure of $15,000 to secure the materials for the rubberized railroad
crossings on Chestnut and Nelson Streets and direct Staff to work toward the
installation in terms of coordinating times. (All in favor).
Clam Survey as it relates to the Construction of Storm Sewer Outlot for
Downtown
Motion by Councilmember Opheim, seconded by Councilmember Funke to proceed
with a clam survey as it relates to the storm sewer outlet in the downtown
improvements; and expending the related costs. (All in favor).
Detour through Downtown for Highway 95/96 Im~rovements
Consulting Engineer Moore explained the traf ic detour that will occur
because of a construction blockage between the Highway 95/96 junction and
the old railroad overpass. Traffic will be rerouted through the downtown
area in order to install a watermain. The papers will be informed. Mr.
Moore suggested that the streets used for the detour be televised so that
the City will know what damage has been done by the detour. It would
begin about June 3.
They
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information is
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Stillwater City Council Minutes
May 21, 1991
Regular Meeting
3. Fr. John Szarke, Church of St. Michael, request to erect a 14 ft.
decorative ~ole wlth a flood fixture to lIght steeple on public R-O-W.
Motion by Councllmember Bodlovick, seconded by Councllmember Funke to
authorize St. Michael's Church to erect a 14' decorative pole with a flood
fixture to light their steeple on the public right-of-way, provided that the
floodlight does not create any problems for the neighborhood. (All in favor).
4. NSP - Hearin~s regarding Electric Rate Increase.
Council note that a letter has already been sent regarding this issue.
5. Kristi Haselman, LMC - Settlement of Luhrs Claim.
Council noted this letter.
6. Letter from Lower St. Croix Manaftement Commission regarding objection to
~lacement of "No Wake Zone Buoys.
ouncil noted'this letter, no action taken.
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Staff Reports (Continued)
7. Clty Coordinator -
Mr. Kriesel commended Community Development Director Russell on his work
and recommendation for the Popeye's issue held earlier. He stated Mr.
Russell is paid to bring these issues before Council and make
recommendations.
8. City Clerk -
Amending Li~uor Licenses to include Outside Bars
Motion by Counc lmember Opheim, seconded by Councilmember Funke to approve the
amended liquor licenses for Popeye's, Freighthouse and Oak Glen as it relates
to their outside bars. (All in favor).
~orary Li~uor License - "Taste of the Valley"
Motion-by Counci member Funke, Seconded by Councilmember Opheim to approve the
temporary liquor license for the Taste of the Valley Festival. (All in
favor) .
Submission of Tom Lennartson Claim to Insurance Co.
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to send the
claim to the insurance company for damage to the underbody of a car on Second
and Nelson Streets, Tom Lennartson, Claimant. (All in favor).
Possible Revocation of Bid for Crane
CouncIl directed that a letter be sent to Ray Koehnen, West St. Paul, who
received the bid award for removal of the crane on the Aiple's property,
alerting him to a possible bid revocation.
COUNCIL REQUEST ITEMS
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Stillwater City Council Minutes
May 21, 1991
Regular Meeting
Award of Contract for Painting at Fire Dept.
Councilmember Funke noted that the Flre Dept. was not included in the
original award for painting of City Hall.
Motion by Councilmember Funke, seconded by Councilmember Opheim to authorize
Jack Hogberg Decorating to paint the windows in the Fire Dept. at a cost of
$250.00. (All in favor).
Determination of Proper Date of City's Foundin9
Councllmember Ophelm noted that there is some iscrepancy in the founding
dates for the City and suggested that perhaps the Heritage Preservation
Commission could research this issue in time to celebrate the City's 150th
anni versary.
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Motion by Councilmember Funke, seconded by Councilmember Bodlovick to refer
all information on the birthdate for the founding of Stillwater to the
Heritage Preservation Commission to ascertain the true date in order to
celebrate the 150th anniversary of Stillwater. (All in favor).
Sale of King Video Cable
Councilmember Bodlovick noted that King Videocable Co. has been sold.
Ordinance Against sellin~ Cars on City Streets
Clty Attorney Magnuson sated thlS ordlnance lS in progress.
ADJOURNMENT
Motlon by Councilmember Funke, seconded by Councilmember Bodlovick to adjourn
the meeting at 10:47 P.M. (All in favor).
ATTEST: ~
Resolutions:
No. 91-88 - Directing Payment of Bills.
No. 91-95 - Honoring Tom Lammers Posthumously.
No. 91-96 - Employing Scott Tierney Part-Time in Public Wks. Dept.
No. 91-97 - Ordering Improvement & Preparation of Plans for L.I. 271.
No. 91-98 - Ordering Improvement & Preparation of Plans for L.I. 273.
No. 91-99 - Approving Plans & Specs; Ordering Ad for Bids, L.I. 271.
No. 91-100- Approving Plans & Specs; Ordering Ad for Bids, L.I. 273.
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