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HomeMy WebLinkAbout1978-04-25 CC MINF , 426 • • COUNCIL CHAMBER Stillwater, Minnesota REGULAR MEETING Citizens: April 25, 1978 7:30 P. M. The meeting was called to order by President Junker. The Invocation was given by the Acting City Clerk, Schnell. Present: Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker Absent: None Also Present: Acting City Clerk, Schnell; City Attorney, Magnuson, Superinten- dent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks & Recreation, Blekum; Consulting Engineer, Elliott; Assistant Building Inspector, Niska; Chairman of the Planning Commission, Zoller Press: Stillwater Evening Gazette, Bob Liberty Chuck Wnden, Andy Holdorph, Dennis Kuhlow, Gary Eastlund, Chuck Kenning, Beth Schwintek, Wayne Herr, Peter Hall, Bob Sabis, Al Hamel, Mr. Gaughan, Charles Hooley, Miles Henderson, Mr. & Mrs. Carl Lund, Ray Roemich, Joan Wald, Mr. & Mrs. Tim Cowan, Lynn Schafer, Tyler Smith, Eugene Jones, David Seggelke, David Warner, Mr. Douglas Ellison INDIVIDUALS - DELEGATIONS - PETITIONS 1. Two representatives from the American Legion Post No. 48 presented awards of appreciation to the members of the Stillwater Police Department and the Stillwater Fire Department - the awards were presented to the Police Chief Abrahamson and Fire Chief Chial. 2. GARY EASTLUND, representing Scottland, Inc. and Korsunsky -Krank Architects, Inc. appeared before the City Council requesting approval which was approved at the Planning Commission on April 24th subject to no access off County 5 and also they were concerned about the drainage problems and it conforms to the restrictions placed on the property. CHUCK KENNING, 2337 Hidden Valley Lane, was the spokesman for the property owners abutting the proposed corner grocery store and cited sections from the ordinance to which he felt this development should have to comply with. He stated that the neighbors would like further landscaping before any Special Use Permit is granted, and generalization of a sloped roof on the building. He also made reference to a letter submitted to the Planning Commission on February 6th from the Washington County Planning Coordinator regarding the screening and that the developer indicate the utilization of the balance of the property. MAYOR JUNKER asked Mr. Niska if they had the plans in their office and he stated that they do and they do comply with the ordinance. MAYOR JUNKER asked if that is the last building that can be put on that property and MR. NISKA responded that according to that ordinance that one store of the corner store variety can be placed on that property. THOMAS TRUHLER, 2317 Hidden Valley Lane, asked that if the Council is going to approve this plan that they take a bulldozer and take down all of these trees and move them into a buffer behind the property. COUNCILMAN POWELL stated that he would like to see as much of a buffer as possible besides the six foot fence, but that it might be aheaper to buy other trees. MR. EASTLUND stated that rhere are not that many trees there and that the trees that can be saved will be saved. COUNCILMAN PETERSON asked what Scottland plans to do with the additional property and if they own same and MR. EASTLUND stated that right now they have a purchase agreement for the property for the supermarket but some day down the line they could come back and ask for a zoning change - but no immediate needs and they will purchase the property if they get the approval for the Superette. The residents had asked about the refuse containers as to the type and whether or not they would be enclosed and MR. EASTLUND responded that it will be enclosed with a concrete enclosure to match the building with top lids which will be locked at night. • • • April 25, 1978 COUNCILMAN PETERSON also asked about the screening and Mr. EASTLUND said there will be some trees along with the fencing. JEFF ZOLLER stated that there is no set number of trees specified in the Ordinance. DAVE MAGNUSON felt that the Council could require certain landscaping be done and they could use their descretion as long as it is reasonable. Questions were raised about the length of the fencing - where does it start and where does it end. MAYOR JUNKER calculated that it would be about 125 feet. There will be no berm and the fence is along the back side of the property. It was felt that the City could not require them to put the fence beyond the developed property. A CITIZEN inquired about the land that is not going to be used - will it be left as it is - they are currently finding mice and rats behind there. MAYOR JUNKER stated that the Ordinance requires that the grass would have to be cut and DAVE MAGNUSON stated that they can be asked to cut the weeds and fine them if they are noxious, but if they are not there is nothing that can be done. BETH SCHWINTEK, 2327 Hidden Valley Lane, questioned the hours of operation and that the neighbors are opposed to an all -nite operation and MR. EASTLUND stated that their intentions are to be open from 7:00 A. M. to 11:00 P. M. and possibly opening at 6:00 A. M., but will not be open 24 hours. On motion of Councilman Mahoney, seconded by Councilman Powell that a Special Use Permit be granted to Scottlands, Inc. based on the plan submitted this evening. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the motion was amended to include hours not to exceed 6:00 A. M. to 11:00 P. M. which they felt was reasonable and also should have a minimum requirement as far as screening is concerned not only the six foot high wood fence which should be of redwood or cedar - there should be a minimum of one tree per 20 feet on the westerly exposure and also on the southerly exposure of that property. VOTE ON THE AMENDMENT -- All in favor VOTE ON THE MOTION -- all in favor 3. WAYNE HERR, appeared before the City Council requesting final plat approval of the West Hill Estates Addition (property sold to him on West Olive Street). On motion of Councilman Powell, seconded by Councilman Mahoney, the Council approved the final plat for the West Hill Estates Addition to the City of Stillwater and authorized the proper parties to sign the hardshell plats. (all in favor) Mr. Herr indicated that he is going to have a problem with building the proposed house on the one lot and asked about the possible vacation of the unbuilt street - he will contact the Building Inspector for an application for a variance. 4. PETER HALL appeared before the Council requesting a liquor license transfer on the Freighthouse Restaurant to Bob Sabes, 12500 Briarwood Court, Hopkins Minnesota 55343. Mr. Sabes is half owner of the Freighthouse and they are now ready to begin construction on the Freighthouse. Questions were raised as to whether or not they would be ready to open by the August 1st deadline which wrs previously set and Mr. Hall felt that they could be as they plan to begin work in about two weeks. to The Council directed that he go /the Planning Commission with his plans - there are possible building code variances which will be involved and these will have to be granted by the Council. Mr. Sabes was also asked to make out the necessary application forms for this transfer c.nich will be considered at the next regular Council meeting - May 9, 1978. 5. MR. AL HAMEL, representing P. J. Gaughan, Inc. of Forest Lake appeared before the Council as an apartment developer. They would like to construct and purchase from Doerfler Construction the Victoria Villa Development and he knew that they had a lot of history. They will build the building of good quality and a project which they can be proud of - they are at the present time the largest builder in Washington County and they have over 500 apartment units in Forest Lake. They are also the largest apartment owner in Atoka County. They don't plan to own the 427 • • x`428 • • q April 25, 1978 - project until it is constructed - they would be the general contractor on the project and then purchase it at the time it is completed. This is a Section 8 Rental Project through the Minnesota Housing Finance Agency. Their purpose and interest in the building is not to maintain it as a government subsidized project - they would have it as such a project for four to six years - then their interest is convened to condominiums at that time. That is what is happening to apartments - it will be chepaer for the tenant to buy the unit and they will be able to get a mortgage on it. He requested one change from the Council - they will be happy to live with all of the Special Use requirements that were established- no changes on the building on the outside - what they would like to do on the inside is to make it a 42 -unit apartment building instead of 40 units. This would be accom- plished by conversion of one of the locker rooms and part of a community room into a one bedroom apartment - the unit mix is such that with a elevator and underground garages by adding these two units they will have one -third of the units one bedroom units. They are building apartments now for lower income for Section 8 Housing, - they are happy to have them because it means that Senior Citizens will be living in them. The unit mix would be 18 one - bedroom and 24 two - bedroom units and they try to have as many Senior Citizens live in them as possible as they are quality tenants. A Senior citizen couple can live a two - bedroom unit provided that a doctor's certificate is given saying that the two occupants have to have separate bedroom quarters. DAVE MAGNUSON questioned Mr. Hamel if he was aware of the final Special Use Permit that was granted by the City that they provided that three tennis courts be con- structed and that $6,000 be donated to the Park Fund - this action taken by the City Council on November 2, 1977. MR. HAMEL stated that it was his understsanding that this was reduced to one tennis court. COUNCILNAN PETERSON stated that final approval was for the three tennis courts and the $6,000 and COUNCILMAN MAHONEY said there was discussion after that. 'HL HAMEL felt that three tennis courts for 40 units was excessive. MR. GAUGHAN stated that these are our tax dollars - that we are all paying for these projects - 1976 -1977 they have been fortunate to be the largest HUD builders for subsidized housing - the funds are there and if they do not do it - somebody is going to build it - this would be enough tennis courts for 100 units and these people are now paying $300 per month rent. MAYOR JUNKER indicated that the tennis courts were discussed and that it could be changed. COUNCILMAN POWELL felt that they would have to apply for a Special Use Permit in order for the new owners to build it and then we would have to go before the Planning Commission and anything that was proposed to us. MR. GAUGHAN stated that the social area is a monster - according to their legal opinion they can convert a two- bedroom to a three - bedroom and tale out the social area - this just means increasslfamilies - and they know that they can load that building with senior citizens - if they can convert the social are to one -bed- room units they can get this building to be more sensible. Subsidized housing with underground parking and elevators and then three tennis courts is ridiculous. COUNCILMAN PETERSON stated that the only approval that has been given is for 40 units, three tennis courts and $6,000 and that is the way it sits. If there is any change that you are requesting from that, then they have to make application to the Planning Commiission with the change to 42 units and the change in the tennis courts. DAVE MAGNUSON stated that what the Special Use Permit provides is that if the property is conveyed to new buyers they would be bound by the permit - the new buyers could proceed if they proceeded exactly as the permit was granted. It additionally provides that any requests for major deviations from the approved plans require a public hearing and approval by the Council. The question would be whether if you reduce the size of the tennis courts and add two units would be a major deviation - if the Council feels that they are, they can require a public hearing and your approval. MR. GAUGHAN stated that they were pleading to the Council that this thing is out of balance and it is ridiculous. He stated that they have a good tract record and no graveyards behind them. He further stated that the site plan was approved with the one tennis court. AL HAMMEL stated that they are asking for a five percent increase in the number of units. It was his opinion as a professional planner that a five percent increase in the number of units would not be a major deviation and he asked the Council to make that finding also. • • • r April 25, 1978 • MAYOR JUNKER asked the City Attorney if the Council could make that finding and MR. MAGNUSON Indicated that the Council could. MAYOR JUNKER asked the Council for their opinion and COUNCILMAN PETERSON stated that five percent or two units may not seem an awful lot to somone who is coming in and hasn't gone through all of the hearings but five percent to those property owners who were told the permits were issued and the court determined there would be 40 units there and the meetings with Doerfler after the court decision when the judge told the Council that they had to issue the permit they had another meeting with Doerfler and he came in and it was to be three tennis courts and the reason for that is that there ism much play on the Lily Lake Courts. It was felt with 40 more units adjacent to that P -rk and being that there were two bedroom units there would be families there and they would be using the courts an awful lot - in order to take off some of this strain they were required to put in three courts. MR. HAMEL stated that in talking to the Planner who put together this report, Mr. Schwab, it was his impression that one court was sufficient. COUNCILWOMAN BODLOVICK stated that they don't even want an apartment up there - they want nothing - adding two more units is adding insult to the wound. By court order the Council was ordered to issue the building permit and she felt that they should maintain and follow everything that was in that permit and de- viating from this she was not in agreement. MAYOR JUNKER, COUNCILMAN POWELL AND COUNCILMAN MAHONEY AND COUNCILWOMAN BODLOVICK felt that the three tennis courts was a little ridiculous. MR. HAMEL stated what they are trying to do here instead of converting two of the two- bedroom units to three- bedroom units, they would like to convert the two areas mentioned to one - bedroom units. COUNCILMAN POWELL asked if they would make any changes in the building when it is to be sold as condominiums and MR. HAMjJ responded that when they build it is of higher quality all over and this would Mange the construction of this project. MR. GAUGHAN said that the taxes now are only $12,000 - upon conversion it will jump to $48,000. MR. HAMEL AND MR. MAGNUSON stated that they would have to have Council approval to convert to a condominium - it would have to be platted and have City Council approval. COUNCILMAN POWELL felt that it would be reasonable to allow the people in the area to have some input - whether it affects what they do or whether we approve of it. or his stated p that it is prefer to rent to rent a one-bedroom Citizen as they have no social problems with them whatsoever. COUNCILMAN PETERSON asked is the Council going to allow a variance from the original permit or are they going to require the developer to hold to the restrictions put forth in the final court order and also their final hearing with Doerfler - that is the only question. COUNCILMAN PETERSON suggested that they make them all one - bedroom and MR. HAMEL stated that they cannot do this. MR. HAMEL AND MR. GAUGHAN agreed to meet with the Planning Commission on Monday, May 1, 1978 to consider the two changes the addition of two units and the reduction in tennis courts from one to three. THE MAYOR DECLARED A RECESS FROM 8:30 TO 8:45 P. M. ---A Petition for streets in the Stillwater Industrial Park from Robert E. Thueson, John W. Hooley, Charles Hooley and Thomas Hooley. DUANE ELLIOTT requested that the petition include utilities which should precede the street work. On motion of Councilman Powell, seconded by Councilman Peterson, a resolution CONSTRUCTION FOR introduced "ACCEPTING PETITION FORTHESTILLWATERINDUSTRIALPARK AND OR ERING STUDY FOR SAME". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 429 . • • " 430 • • PUBLIC HEARINGS -- -This was the day and time for the public hearing on Case No. 317 - Miles Henderson, 209 West Laurel for a Special Use Permit for a portrait studio at this location. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on April 14, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing MR. HENDERSON was in attendance and made no comments. CARL LUND, 209 West Laurel Street, felt that this would be very favorable and would be an as -et to the community. A letter of opposition was received from Marie and Grace Stanek. COUNCILMAN PETERSON questioned the parking and MR. HENDERSON replied that due to the long driveway that he would have ample room - 5 or 6 cars would be the maximum at any one time even when he is taking the high school pictures. He also requested that it be issued for one year. April 25, 1978 UNFINISHED BUSINESS This was the day and time for the bid opening for the Nelson School Building The advertisement for bids was published in the Stillwater Evening Gazette, the official newspaper of the City on April 14, 1978. On motion of Councilman Powell, seconded by Councilman Peterson, the Acting City Clerk was directed to open the one bid received. (all in favor) BIDDER -- Timothy T. Welch 1138 Thomas Avenue St. Paul, Minnesota 55104 Cash Deposit - $600.00 (six $100 bills) Total Bid - $12,000.00 On motion of Councilman Powell, seconded by Councilman Peterson, the Council accepted the bid from Timothy T. Welch, St. Paul, Minnesota in the amount of $12,000.00 for the sale of the Nelson School Building. (all in favor) The Mayor closed the hearing On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council granted the Special Use Permit to Mr. Miles Henderson, 209 West Laurel Street for a portriat studio at that location for one year as recommended by the Planning Commission. (all in favor) -This was the day and time for the public elopment Co. for a preliminary plat appr Notice of the hearing was published official newspaper of the City, on April property owners within 300 feet. The Mayor opened the hearing. hearing on Case No. 251 - Reliance Dev- oval. in the Stillwater Evening Gazette, the 14, 1978 and copies were mailed to all CHUCK WINDEN, land surveyor for Williams O'Brien & Associates, Inc.,,Minneapolis explained that they will be platting 46 single family lots with very little density The property is just north of Interlachen Drive and south of County Road No. 12 and abuts the Croixwood Addition to the west. The entire parcel con- tains about 35 acres and the topography of the parcel is such that the eastern portion is a low swampy area which rises quite rapidly to the west and very steeply and about the western one -third of the property is pretty flat and there will be an outlet parcel has been offered for a park of 15.3 acres. The access to the property is through the existing streets in the Croixwood Seventh Addition and to the south by Interlachen Boulevard. The design is such that they can take maximum advantage of the topography and it can be serviced with sewer and water according to the engineer's report. There is no access directly to County 12 from the site - the only access which is available is to the lower portion of the property and grades are such that you could not get to them to the north. The average lot area is 15,400 square feet and the minimum is 10,500 square feet. RAY ROEMMICH, 301 Crestwood Terrace, presented to the City Council petitions from the property owners in the immediate neighborhoods in regards to the street layout - in regard to County Road No. 12. The main concern is the entrance back onto to County Road No. 12 - the gentleman said it is too steep to go down to County Road No. 12 as they are now using the old trail that is there now - there are beer parties there all of the time. He felt that there is plenty of time for the City • • • • • a • • April 25, 1978 and the County to work this out. Having worked for Washington County, five years,the preliminary layouts were made out for County Road No. 12 and the gentleman that owned the property at that time came out to the County and discussed what access he would have to this property onto 12 and that is it at the bottom of the hill. Now they are saying they can't - back in 1976 when these same people came in with a plan are now saying that you can't get down there, at that time they had one entrance to that particular plan and the only entrance which was to service 72 units and now they say it is no good. He felt that there were some alternatives and they will be showing them to you. He asked the Council to urge these people to come different alternates - at the last Planning Commis- sion, the Planning Commission - this is what they approved - the meeting prior to that this was the drawing that was submitted and the Planning Commission denied it based on that very layout - the different layout came which is the very same one that you have got here tonite. He was asking that the Council consider this access and there is a way of using it and they may lose some lots. JEFF ZOLLER stated that the Planning Commission never denied it - they tabled it and told them to come back with an alternate proposal and they did come back with an alternate proposal and this one - they showed the Planning Commission the alternate proposal and indicated to them that they felt that proposal was unworkable and they did review it and the people did see the alternate proposal. Chuck Swanson did say that they can only have that one access onto County 12 - he felt looking at their alternate proposal and the Building Department felt, too, that the slope that they would have would not meet the existing codes. The subdivision says that the road cannot be set at this grade - that is one of the r -sons that the Planning Commission did finally approve the plan that is here this evening. RAN ROEMMICt - they showed you an extra road coming in between the pond and the hill ant they did not do one "darn" thing to this MR. ZOLLER - they did have a road going down from the cul -de -sac to County Road No. 12, and it was unfeasible. MR. ROEMMICH said that the City and the County has been working on this for five years and then they give them an access that is not feasible - that is what the County Engineer says and he said that it can be done. He asked about the cost of the lift station and who would pay for same. DUANE ELLIOTT stated that the forcemain that was put in under the County plan will ultimately serve a very substantial area, part of which is out of the City now - as a policy matter again just as the lift station that was put in by Lily Lake, that it was oversized for some future use and it was a wise move at that time. He felt that it was too early to decide on that matter, but assured the citizens that anyone developing this property will pay his fair share of the force - main that which was put in and financed by the City and his fair share of the lift station. MR. ROEMMICH was concenred about who picked up the remaining costs of these items - the citizens of Stillwater until such time as may be somebody in Stillwater Township wants to hookup and then the City will be reimbursed. He questioned why this comes out of the General Revenue Fund and he did not want to see this happen. He was informed this comes out of the Sewer Fund and he contested that everyone then pays for this. MR. ELLIOTT - In 1975 Washington County installed the forcemain on Brick Street - from Brick Street to Owens - for the improvement on County Road No. 12 or Myrtle Street. The fonemain was financed by the City for future use for the areas that would be serviced by a lift station and this fits in with the Comprehensive Sewer Plan and that we were not just doing something for Reliance - that we were doing something which represents good planning and it is required. COUNCILMAN PETERSON asked if this is an area that is benefited by that force - main and MR. ELLIOTT confirmed that it was and they can be charged a hookup charge and we would be recovering part of that cost. MR. ELLIOTT stated that there was only one connection to County No. 12 and when the Croixweod Seventh Addition Plat was made he did stub out Bayberry to the east for the purpose of it being used here - this plat has an alternate outlet down to Interlachen and could join either Crestwood Terrace or Maryknoll at that point - so this does not have built into it the problems that the early Reliance plat had. CHUCK WINDEN stated as far as the access being useless, he said there is land down there but they are two separate parcels of land - there is a tremendous elevation diffference - this entrance is not wasted - it still services the property. JOAN WOLD, 173 Maryknoll - wondered if the pond behind her home will be filled in or would she receive all of the drainage from this area and be flooded out. She was informed that area would be filled in and the drainage taken out to the East. 431 • • • i • • April '5, 1978 She further felt that the traffic would all go by her home and she was assured that they would go both ways and she asked if she would have to pay for a portion of the lift station and she was informed that she would not be assessed for same. She asked what was going to happen to all of these children - would there be another school bond issue and she was told to ask the School District about this matter. She questioned what would happen to all of the wildlife. She wondered what was going to happen to her taxes if there were additional schools built to take care of this development. TIM COWEN, who is purchasing a home on Crestwood Terrace, he understood that the City maintains the control of the final design of the plat and he offered some alternatives to what has already been proposed and approved by the Planning Commission. There are 120 citizens who feel that would be possible with some additional work that an access could be put in on County No. 12. He felt that this is a parasitic development as far as the street are concerned. They are proposed exiting on all existing streets which were designed for light side traffic and not going to any expense on their own to insure that there will be good entrances or exits to that proposed development - he wanted to offer some proposals - some alternatives - a couple or many that could be consibred that he thought could be agreeable to many of the residents in the area. He posted several maps which showed various proposals - on proposed access out to County No. 12 which was determined unusable, it has been debated if it is possible, and which would give them a couple more houses and there would be no need to continue Interlachen or an access to the south on Maryknoll via Interlachen. Another alternate showed a different proposal and layout of lots and streets which would not use the existing streets. MR. WINDEN stated that they had looked at other alternatives and the plan they have prepared is the most feasible. Also he made comments about the citizens using one of his plans which was personally signed with his name at the bottom and this bothered him. He indicated that the one plan was using the side slopes in which it could not be built at all physically. TIM COWEN indicated that they had no intentions of encroaching on Mr. Winden's pride. The way they have prepared this alternate plan might go into the hill a slight bit further and he felt that Mr. Winden's plan was possibly the most economically feasible for the Reliance Development Corporation. If they are asking the people to absorb their traffic congestion, they would like to ask them to absorb the additional expense or whatever is necessary to have an exit on County Highway 12. Questions were raised by the Mayor and the Council regarding the grade elevations of the cul -de -sac. MR. ELLIOTT stated that in the platting ordinance the street grades should be 6% or less and that it is feasibly possible to go another way to get lesser grades. He stated that all of the streets in town are seven to ten axel with the exception of the Municipal or County State Aid Streets and the roads in the Croixwood area were designed to handle normal residential traffic and there is no problem with any of these streets. LYNN SCHAFER, 210 Maryknoll Drive - was concerned about the drainage and the pond in behind them and that when they started dabbling with the pond they had all of these problems. TYLER SMITH, 301 Laurie Court - he has property that adjoins the property in question and re- inforced the concerns that were already made and he felt that without an access to County Highway 12 the traffic would go south through the existing streets and since Crestwood Terrace and some of these streets are winding streets and he would consider them side streets and did not agree that they could handle a lot of traffic. He was concerned about the end result of the plat as to what it will look like when it is finished. He stated that he had tried to check out Reliance Development Corporation and has been unable to find what they have done in the past. They were incorporated in 1974, no phone listing and they do not belong to the Builder's Association. He would like to ask the Council to give this some consideration. MRS. WOLD asked about the range of the houses and she was infcrmed that they would be $60,000 and up. She also inquired as to the quality of these homes and the Mayor informed her that the Building Inspectors would take care of that phase of the project. MR. HOLDORPH stated that they have been involved in other housing projects in the Metro area and throughout the state with William O'Brien Architects. Qu..'ions were raised about the possibility of the project being started and then not completed because of financing. • • • • 1 1 f • • MIS e 1 April 25, 1978 DAVE MAGNUSON, CITY ATTORNEY stated that the sub - division code provides very strict requirements for providing for financial guarantee that the improvements are completed and paid for, or at least guaranteed to be paid for before the approval of the final plat. There is adequate protection that the job will be done before they will ever be given permission to go ahead. There should be a Performance Bond for 1257 of the improvements and the bonding company would pay for the job to be done or to have it completed. DON VALSVIK, 2108 Fairmeadows Road - stated that the park bordering Interlachen is shut -off by private property on the North side and he doubted that it would be reasonable to take Interlachen down to Crestwood and thought they should consider vacating Interlachen past Lot 34. S. J. JORDAN, 93 Maryknoll Drive, stated that he has had water in his basement and questioned whether this would make it worse and the reply was that most of it would &ain the other way. TOMMY CHAFFIN, 2002 Fairmeadows Road - one of the principal concerns is the traffic problem - the idea that people will go down Bayberry rather than to County 12. A great deal of the traffic will be channeled down Crestwood and he was concerned about the intersection of County 5 and Fairmeadows Road as there are already accidents there and did not feel that they had considered good alternate designs for the project would be more in keeping with the traffic patterns. He felt that the alternate plan that they submitted to the Planning Commission did not resolve anything. EUGENE JONES, 47 Maryknoll Drive - felt that this doesn't go with the terrain of the rest of the area - he bought in this area because of the unique winding roads in the area and felt that as far as homes were concerned in this plat, it would be going back to the '50's. He felt that they should break it up with some winding streets or something different. A CITIZEN asked what this would do for the City of Stillwater - it would add streets that would have to be plowed and the Mayor indicated that he felt the City did a terrific job with the snowplowing. COUNCILMAN POWELL indicated that if the property is properly zoned and they need no variances, you cannot deny a person the right to build a home. DAVID SEGGELKE, 409 Hanson Place, asked Councilman Mahoney, for his comments about this and he replied that when he moved to Stillwater and purchased his home he was aware that Interlachen Drive wasthere and that sometime in the future it was planned to be a street and was glad that he got eight or nine years of living there without it - if there was a way to get around it, he would like to have it stay that way. It is a platted street in the City of Stillwater and if some of these alternatives can be used -- fine. MAYOR JUNKER questioned whether Interlachen Drive was a platted street and he was assured that it was and in order to vacate same it would require the necessary petitions and hearings before the Council. COUNCILMAN POWELL questioned if Interlachen Drive were built and if the traffic could make a right hand turn onto County 12 would that relieve the situation and MR. ELLIOTT was not sure if that would solve the problem. A CITIZEN requested that if this is their first development and the Council will lean on the side of the citizens that live there and get an access to County 12 and vacate the condhuation of Interlachen and have them bear the burden. DAVID WARNER, 402 Maryknoll Drive, it would be nice for the people on Crest- wood, but it would do nothing for Maryknoll as they already have tremendous traffic and by blocking off Crestwood it will still go down Maryknoll - he felt that they should share the traffic evenly. The Mayor closed the hearing. COUNCILMAN PETERSON asked Mr. Elliott if he had seen the plat and he said that basically it is the same one that they presented last February. He raised further questions about the drainage and Mr. Elliott stated that there is a drainage pipe under the house on the corner of Crestwood Terrace and Interlachen that drains the City Park area discharges to the northeast of this area. He asked why the County allows an exit on eitaer Outlot 3 or 4 to the west of Bay - Berry and he was informed that they can allow only so many for each so many miles - COUNCILWOMAN BODLOVICK indicated that she felt that there should be an exit on County 12. MR. ELLIOTT stated that we are dealing sith fairly high speed traffic in that area - there would be no sight distance to enter into County No. 12. 433 • • • • r434 1 • April 25, 1978 COUNCILMAN PETERSON indicated that this area is zoned "one- family" and that it is going to be developed as one - family whether or not the people in the area were told that there would be homes built behind them when they purchased their homes - he also felt that the curving roads could be worked into this plan in some way. Development of the Outlot into parkland was discussed and the Mayor requested that the discussion be closed and that they ask Mr. Winden to come in with some alternate proposals. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council deferred action on the Reliance Development proposal until the second meeting in May and that they requested Winden and Associates to look at the alternates and come back with a possible. CHUCK WINDEN questioned if action could be taken sooner than this and the Mayor indicated that a meeting would be scheduled with the Planning Commission, the Council and the County Engineer within the next two weeks and see if they can work on some different exits on County 12 and possibly come up with a proposal. (all in favor) (The residents within 300 feet will be notified of this meeting) UNFINISHED BUSINESS 1. On motion of Councilman Peterson, seconded by Councilman Mahoney. the Clerk made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 473, AN ORDINANCE REGULATING THE CONSTRUCTION OF SWIMMING POOLS IN THE CITY OF STILLWATER ". The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirm- ative. The chair then put the question, "Shall this ordinance pass ?" and on roll call the ordinance was unanimously adopted. (see Ordinance No. 562) 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Clerk made the second reading of an ordinance entitled "AN ORDINANCE OF THE CITY OF STILLWATER RELATING TO THE USE AND ENJOYMENT OF PARKS ". The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirma- tive. The chair then put the question, "Shall this ordinance pass ?" and on roll call the ordinance was unanimously adopted. (See Ordinance No. 563) 3. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council authorized Mr. Elliott to prepare some preliminary plans for the utilities for the area to be annexed to the City which is east of Oasis Avenue (Greeley Street) and to hire Carl Dale for the public hearing to be held on May 12, 1978 at the Washington County Courthouse before the Municipal Commission. (all in favor) NEW BUSINESS 1. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a Beer Permit was granted to Paul Farrell (Stan's Withrow Junction) for May 13 and 14, 1978 at Lily Lake Park from 9:00 A. M. to 8:00 P. M. each day. (all in favor) 2. On motion of Councilman Powell, seconded by Councilman Peterson, a resolution was introduced "APPROVING SHADE TREE BUDGET FOR 1978" AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 3. On motion of Councilman Peterson, seconded by Councilman Powell, the Council agreed to be a part of the proposal of the Minnesota Energy Agency for the establishment of demonstration district heating systems for federal funding for Phase One. (all in favor) 4. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council approved the increase in dues from $1,329 to $1,544 for the Association of Metropolitan Municipalities. AYES -- Councilwoman Bodlovick, Councilmen Peterson and Mahoney NAYS -- Councilman Powell and Mayor Junker 5. On motion of Councilman Peterson, reconded by Councilwoman Bodlovick, The Council requested that the Bookkeeping Department to furnish the Council with additional information on the effect of this on the budget for the entire year and submit the same to the Council at the next meeting. (PERA for CETA Employees) (all in favor) • • • • a b • • • • emN April 25, 1978 435 \, 6. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council authorized the transmittal of the monies to the Board of Water Commissioners for the sale of the property at North Fourth Street and St. Croix Avenue - old tank site. (all in favor - Councilman Peterson abstained) 7. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) INDIVIDUALS - DELEGATIONS - continued None at this point in the meeting APPLICATIONS On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the following r Contractor's Licenses were approved: (all in favor) Attracta Sign Sign Erection New 6417 Penn Avenue South, Minneapolis 8 The Bucket Shop - Richard E. Syverson 4338 Woodhill Rd., Minnetonka, Mn. 55343 Ceramic Tile New Minnesota Package Products 6922 - 55th St. No., North St. Paul, Mn. 55109 General New Richert Etnerprises, Inc. - Gordon A. Richert 8449 Demontreville Tr. N., Lake Elmo 55042 General New Roofings, Inc. Roofing New 595 Randolph Avenue, St. Paul 55102 James Borden 215 West Laurel St., Stillwater 55082 General Renewal L. R. B., Inc. - Leslie R. Borst General New 1004 N. Fourth St., Stillwater Walter E. Masters dba Custom Masonry, Inc. 5029 Otter Lake Rd., White Bear Lake, Mn. 55110 Masonry & Brick Work New COMMUNICATIONS None CITY COORDINATOR'S REPORT 1. Mayor Junker directed that Mr. Elliott check into the feasibility of extending the water service to service Lot 2, Block 2 of Long Lake Estates Addition for James Eitter and Tom Armstrong and Leon Brown. 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, the date of May 23, 1978 at 7:30 P. M. was set for the public hearings for the following Planning Commission cases: (all in favor) Case No. 319 - Dave Madsen, 1312 North Broadway - variance for a garage Case No. 320 - Jay L. Kimble, 1212 N. Owens - variance for a garage Case No. 321 - Craig McKeever, 209 E. Wilkins Street - variance for a garage 3. Discussion was held on the Plant Quarantine for Elm Wood and since this applies to individuals only and not to the City's Contractors, the news release and data does not apply to the City of Stillwater and no action was needed by the Council on same. 4. Discussion was held regarding the memo from John Lawson about a possible automobile repair operation at 1204 North Second Street being operated by Douglas Jahnke. Ron Niska stated that Mr. Jahnke denied this fact. Mayor Junker directed that the Building Inspection Department watch this location and ask him to clean same up. CONSULTING ENGINEER'S REPORT 1. Mr. Elliott asked about the status of the plat for the Stillwater Industrual Park and he was informed that it should be forthcoming very shortly. 2. Mr. Elliott proposed would have a from the DNR on the shortly . • • 4 • • • k. 7 426 PUBLIC WORKS 1. Mr. Shelton reported on the condition of the wall at the home of Third and Mulberry and asked about the repair of same. The City Attorney stated that it could be a violation of the Nuisance Ordinance and the City seek a write of abatement from the District Court which is possible to do, if it is an unreasonable hazard. Mr. Elliott stated that it would be quite a City responsibility if they were to undertake the reconstruction of these walls as there are a lot of them within the City. _ Mr. Shelton and Mr. Magnuson were directed to check this matter out. 2. Mr. Shelton reported that the wall at the Olive Street Parking Lot has moved about five inches and the sidewalk is breaking to the north. Mr. Shelton and Mr. Elliott were directed to check out this wall. 3. Mr. Shelton reported that the tunnel under Second Street is again causing problems - several blocks fell out and there was water on the Lowell Inn Parking Lot - Mr. Newquist and Mr. Shelton will check into this matter which should be taken care of by the Water Department. 4. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Acting City Clerk were directed to send a Letter to Mr. Ralph Otte, of the Washington County Board of Commissioners requesting their coop- eration in opening the dumpsite so that the City can continue with the removal of the diseased elm trees that we have in the City. (all in favor) 5. Mr. Shelton asked that the Council direct Mr. Elliott to make up a storm sewer plan and sanitary sewer plan using the base map to have on hand for the comprehensive plan for the City - Mr. Elliott will come up with a cost for such plans. PUBLIC SAFETY 1. Mr. Abrahamson reported that the people on the Emerson property have been evicted and the buildings will be torn down by June first. 2. Mr. Abrahamson reported that the noise that is being heard this evening is being caused by the furnace. 3. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council authorized a rental car for Juvenile Officer Klosowsky at a cost of $75.00 per month with insurance at $340.00 per year or $28.50 per month and one -half of the rental cost will be billed to the School District and the City pays for the gas for the vehicle (Total cost to the City should be about $66.00 per month). (all in favor) PARKS AND RECREATION 1. On motion of Councilman Mahoney, seconded by Councilman Powell, Mr. Blekum was authorized to obtain quotes for the electrical work for the Croixwood Seventh Addition Park. (all in favor) 2. Mr. Blekum inquired about toilet facilities for Lowell Park and he was directed to put them in again and if they are vandalized this time then the City will lock the facility up for good. CITY ATTORNEY'S REPORT Mr. Magnuson inquired as to what the Council plans to about hiring a planner for the Comprehensive Plan and he was informed that they are using the services of Washington County Planning Department and he was also informed that the Stillwater Planning Commission and the Council are meeting once a month on this matter at the present time. APPROVAL OF MINUTES On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, minutes of the following meetings were approved: March 16, 1978 March 21, 1978 April 5, 1978 April 11, 1978 (all in favor) April 25, 1978 Special Meeting Regular Meeting Special Meeting Regular Meeting 3:00 P. M. 7:30 P. M. 6:30 P. M. 7:30 P. M. V .. • • 1 • • April 25, 1978 COUNCIL REQUEST ITEMS -- COUNCILMAN PETERSON inquired about the grants for the PotHoles and the Acting City Clerk stated that the League has no information on same and Mr. Peterson directed that she call Mr. Quie's office on this matter. -- COUNCILMAN PETERSON inquired about the house on Olive Street and Mayor Junket informed him that it is almost down and he is waiting for dump boxes for the disposal of the balance of same. (Old Rivard house and property) - -On motion of Councilman Powell, seconded by Councilman Mahoney, the Council accepted the settlement for the wages for Gary LaMotte's suspension whereby he is to be paid for two of the five days for which he was suspended and not paid for, rather than go to arbitration. (all in favor) ORDINANCES Second Reading - Ordinance No. 562 - Regulating the Construction of Swimming Pools. - Ordinance No. 563 - Relating to the Use and Enjoyment of Parks RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills 2. Accepting the Petition for Utilities and Street Construction for the Stillwater Industrial Park and Ordering a Feasbility Study for Same. 3. Approving Shade Tree Budget for 1978. ADJOURNMENT On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, the meeting adjourned at 10:40 P. M. Attest: o(A4......1J.y ,dP Acting City Clerk Mayor 437- • • •