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HomeMy WebLinkAbout1980-01-22 CC MINg • 20 COUNCIL CHAMBERS Stillwater, Minnesota Press: St. Paul Dispatch - Broede Citizens: None PUBLIC SAFETY No Report January 22, 1980 4:00 P. M. REGULAR MEETING The meeting was called to order by President Junker. Present: Councilwoman Bodlovick, Councilmen H. Petersen, R. Peterson, Powell and Mayor Junker Absent: None Also Present: Finance Director /Coordinator, Kriesel, City Clerk, Schnell; City Attorney, David Magnuson; Director of Public Safety, Abrahamson; Superintendent of Public Works, Shelton; Parks & Recreation, Blekum; Fire Chief, Chial; Building Official, Snelson COMMITTEE REPORTS 1 PUBLIC WORKS 1. Mr. Shelton reported to the City Council that he had received the following three quotes for trucks for his department: (two) Dependable Ford $8,760 Stillwater Motor $8,290 Rosedale Chevrolet $8,175 (The City is trading a 1971 Ford Truck and a 1974 Dodge Truck on the purchase of these new trucks) On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlcvick, the Council awarded the contract for the two trucks for the Public Works Department to the Stillwater Motor Co. for a net quoted price of $8,290. (all in favor) 2. Mr. Shelton reported to the Council that Steven Roett{er has purchased some property at Oak and Oakes Street and the possibility c" opening a portion of either of these streets to give him access to his property. Mayor Junker and Mr. Shelton felt that when he has the property filled in he could put some in this area and the City could level off this portion - the Council had concern about washing down on the property to the east. Let him put it in as a private driveway on this roadway was the final decision. FIRE CHIEF - David Chial 1. Mr. Chial stated that he had received a request from the Somerset Fire Depart- ment regarding a Mutual Aid Agreement with the City of Stillwater and he was instructed to bring this matter up at the next Public Safety Committee meeting. 2. Mr. Chial recommended to the City Council that they should investigate the feasibility of sprinkling the Stillwater City Garage and the apparatus room of the Fire Department. Mayor Junker directed that the City secure quotes from several companies as to the cost of doing this work. It was also suggested that we talk to the insurance carrier as to the "kick- back" on this matter. PARKS & RECREATION Mr. Blekum reported that all of the items that he had are on the agenda for this evening. r F' Re ISO e 9 • • • • • • 0 • r • 0 January 22, 1980 BUILDING OFFICIAL 1. Mr. Snelson submitted a letter of resignation to the City Council terminating his employment with the City on February 22, 1980. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introduced "COMMENDING JESSE SNELSON FOR HIS EXCELLENT WORK AND WISHING HIM WELL IN HIS NEW JOB" and it has been a pleasure of working him for such a short period of time. AYES - Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. On motion of Councilman Powell, seconded by Councilman Harry Peterson, the City Coordinator was directed to advertise for a Building Official for the City of Stillwater. (all in favor) CITY CLERK 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council set the rate for the sewer connection for the sixty unit Thrifty Scott Motel at $50.00 per unit which will be constructed in the Stillwater Industrial Park. (all in favor) (The SAC Metro Sewer by the ll Board) CITY COORDINATOR'S REPORT 1. Mr. Kriesel informed the City Council that they will have to pass the Flood Plain Ordinance by February 15, 1980 otherwise they will teminate the City's Flood Insurance and he asked .hat the Council meet at 4:30 P. M. on Monday, January 28th and Wednesday, January 30th to go over the codification of the ordinances which will take care of this matter in the elast expensive manner. 2. Mr. Kriesel informed the Council that Tom Hay of the Dorsey law firm has a report on the financing for the David Johnson proposal and they are ready to go over this at anytime with the Council. COUNCILMAN POWELL reviewed a report given by Carl Dale in which he stated that cities that do the best job at this kind of thing that they have a format which they follow and it indicates what the responsibility of the developer is, how he puts in his utilities, if they are going to have any covenants, and that they establish a home owners association and if they don't work, then the City can enforce the covenants. Also that Mr. Rygg suggested that they have an advance wrning system put in so that the City does not have to do it. This anyeshocksvthatec beforehand what he has to do it is being fair to there are no surprises and to all MR. MAGNUSON stated that the information regarding finances should be given to the Municipal Board. The Council requested that Mr. Langness meet with the Council on this matter on January 28th for one -half hour. 3. oncerns f the e Cable TV agreement and p that a he and Mr. Magnuson will meet with them. 4. Mr. Kriesel informed the Council that the Administrative Committee net sometime ago on a Deferred Compensation Plan through Metropolitan Insurance Co. and the National Guardian Deferred Compensation. This would be a retirement annuity plan - there are no taxes paid on that portion of the employee's income - the only cost to the City is some administra- tive costs - and upon request from the employees the City has to make such a program available - you can use one insurance company and you can also use more than one. The City Attorney stated that the Council will have to make the decision if they want to use one or more companies. Mr. Kriesel did not feel that there are going to be too many people who will sign up, but he felt that it should be available to them and he recommended that we allow Metropolitan Life Insurance Co. to be the company that takes care of this through whatever number of companies that they work with. Questions were raised if there would be any cost involved if the City dealt with Actionthan was delayed on this Kriesel this matteruntil the next meeting. further. 5. Mr. Kriesel briefed the Council on the HMO Group Health Plan - they designated clinics and you have to use that clinic and that about fifty percent of the County employees have switched from Blue Cross /Blue Shield to HMO and there are three companies that offer this plan to them. As far as he could tell there is clinic thisrarea. Te e l cost m would the be about $9.00 Valley more Clinic thes designated HMO. 2f' • e • • • % '22 January 22, 1980 He suggested that we have someone from the County come down and explain how it is working for them if the Council wishes to have that information. Mr. Kriesel also suggested a side -by -side comparison with this plan and our current plan and see what the findings are before asking anyone to come in and explain it 6. Mr. Kriesel asked the Council about continuing the 4:00 P. M. meeting for the second meeting of the month and it was agreeable to do so. 7. Mr. Kriesel informed the Council that Stan Larson will no longer service the voting machines and he has asked Jim Setevensen about doing this work. He made some calls to find out what they are paying their voting machine custodians and the only one that he could find was Cottage Grove who pays and they pay them about $8.00 an hour (They are employees of the Public Works Department), and Mr. Stevensen requested that he receive $8.50 per hour. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the salary for the voting machine custodian was set at $8.50 per hour and that we also train an alternate for this position. (all in favor) MISCELLANEOUS 1. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council appointed the Planning Commission secretary, Pat Gill, as an ex- officio member of the Planning Commission. (all in favor) 2. COUNCILWOMAN BODLOVICK reported to the Council on items from the Joint Planning Commission meeting. They gave concept approval to the Feely Plat and Mr. Madsen will be here this evening. Then until the location of 61st Street is set they are unable to give approval to the Augustine_ Plat to take care of the drainage and that it will go all the way to Greeley Street, and it is possible that they will have to go through Forest Hills to take care of this watershed area. Mr. Elliott stated that they will have to pay for the storm sewer and water plan before approval is given to the plat. This drainage would have to get into Rainbow Court and Morningside Road and this system would have to be upgraded. There are questions to be answered about the green area which is proposed be- tween this plat and the Forest Hills are. Mr. Magnuson felt that the Council could be very restrictive as to what they allow there. He will be looking for rezoning this evening for multi - family and some office buildings or light retail for the Augustine Plat. The Council felt that he should be informed of the engineering costs for the storm sewer and that he would have to pay for them as to whether or not they are put in. MR. MAGNUSON asked about when the plat was filed and COUNCILWOMAN BODLOVICK stated that it was seven or eight months ago and MR. MAGNUSON stated that according to the Sub - division Ordinance if no action is taken within 45 days it is deemed to be approved and she indicated further that Joint Powers never did give them approval, and they have been having them come back and come back. UNFINISHED BUSINESS (out of order) 1. Mr. Kriesel informed the Council that in the Budget the painting of the Library was omitted in the amount of $4,673 and the Council approved this item if the money is available in July - then the work will be done. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a Resolution was introduced "ADOPTING THE BUDGET FOR 1980 ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. Mr. Kriesel asked about the Capital Outlay items should be brought up at the committee meetings and be discussed at these meetings, and make the Council aware of t.,ese items. 3. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council directed that the Metro Transit Commission be informed that the City is not interesed at this time in putting in any of these bus shelters. (all in favor) 4. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, Mr. Kriesel was directed to contact Jeff Zoller to arrange meeting on the proposal for the Nelson School (all in favor) a • • s • • • w • • • .January 22, 1980 2 . a 0 4A COIMIUNICATIONS From the Metro Coun cil - copy of amendments to the Housing Chapter of the Development Guide adopted in December by the Metropolitan Council. He felt that the Planning Commission should be studying the housing needs in the City of Stillwater and when the federal legislation is passed then the money will be legal and be tax exempt - this is something that should be kept in mind when we are doing the Comprehensive Plan and use this type of bonding to meet the housing needs. THE MEETING RECESSED AT 5:30 until 7:30 P. M. The meeting was reconvened at 7:30 P. M. by Mayor Junker. The Invocation was given by the City Clerk. Present: Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junket Absent: None Also Present: Finance Director /Coordinator, Kriesel; City Attorney, David Magnuson; City Clerk, Schnell; Director of Parks and Recreation, Bleknm; Consulting Engineer, Elliott; Planning Commission, Tom Farrell, Chairman and Pat Gill, Secretary. Citizens: James Lammers, Ted Klatt, David Johnson, Peggy Quinn, Mr. & Mrs. Will Turnblad, Mr. & Mrs. Richard Emanuelson, Dick Jeans, Bud Kern, Bill Pauley, Maurice Jansen, Jerry Perkl,John Hanson, Robert Farrar, Jim Weaver, Lowell Satterbak, Tim Bell, Mr. & Mrs. Paul Carlson, Mr. & Mrs. Ray Kirchner, Steve Sweetland, Robert Lorentzen, Ganus Deiss, Jeff Zoller, Charles Kabis INDIVIDUALS & DELEGATIONS None PETITIONS None PUBLIC HEARINGS 1. This was the day and time set for the public hearing on Case No. 374 for a Special Use Permit for Ganus Deiss for a duplex at 411 Pine Tree Trail in a "One Family District" 11 Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on January 11, 1980 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing JAMES WEAVER, 414 Pine Tree Trail, stated that he would like to keep this as a "one - family" dwelling area. LOWELL SATTERBACK, 406 Pine Tree Trail was also opposed to this request. TIMOTHY BELL,1703 West Oak Street, was also opposed to this Special Use Permit. CARL CARLSON, 1705 West Oak Street, also was opposed to this request. BOB FARRAR, representing Mr. Deiss, stated that Mr. Deiss would like to build a duplex there - he has built several homes in the Stillwater area over the years - builds an extremely fine quality home and this would not be a detriment to the neighborhood. The Mayor closed the hearing. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council followed the recommendation of the Planning Commission and denied the request from Ganus Deiss for a Special Use Permit for a duplex at 411 West Pine Street. (all in favor) • • • • • • 24 January 22, 1980 2. This was the day and time set for the public hearing on Case No. 373 for a proposed amendment to Ordinance No. 383 for the rezoning of property on West Olive Street for Genus Deiss. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on January 11, 1980 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. BOB FARRAR, representing Mr. Deiss, stated this is a small portion of the approximately twenty acres - it is a 2.7 acre plat which he had his surveyor separate out from the total plat since it is the first area that he proposes to develop. The request is for the whole 20 acres with his initial project being the 2.7 acres. Land values are going up dramatically in the area and land is very scarce and double homes and this type of local housing are now becoming more and more popular with people ouying real estate. He felt that this area was kind of a transitional area and there are a lot of rolling hills and some ponds and a very difficult area to build a lot of property in and the highest and best use for this land is double homes. The first project he plans would be kind of an association - the first six double homes would have a fence around them and perhaps a gardener and they would be fairly expensive properties - the City has done a lot for housing for the lower income, for the elderly, yet there is very little project in this community for the person who would like to have security, companionship that you would find in this type of community, safety to be able to get out on a vacation. RAY KIRCHNER, 1904 West Oak Street, presented a petition to the Council with 38 signatures of citizens who are opposed to this rezoning and stating their reasons for same. COUNCILMAN ROGER PETERSON asked what he has submitted is basically a plan only 1 for the 2.7 acres and has not submitted anything else for the balance of the property. MR. FARRAR stated that Mr. Deiss has general plans but he has not gone to the expense of planning in detail the lower 16 plus acres which would be left after the first project. COUNCILMAN ROGER PETERSON questioned the existing driveway that goes into what was the old dwelling and looking at the drawing apparently that is not going to be used and he asked where they would be coming in. MR. FARRAR stated that it would be very close to the east property line and that these are sketch plans and not a preliminary plat or a final plat. This is just a guideline to give the Council an impression as to what it would look like if it is rezoned. COUNCILMAN ROGER PETERSON asked Mr. Elliott as to how the balance of the area would be serviced with utilities and MR. ELLIOTT stated that that area would be serviced by the Reliance Development lift station and that the sanitary sewers for that whole area as so shallow that they could not be extended westerly to provide gravity service and the lift station has been talked of in connection to serving the property to the west of that. He did not believe that the Olive Street sanitary far and eitgwouldshave as the oronoteittcoulddeveloped beexended westerly. MR. KIRCHNER stated that on Olive Street there is heavy traffic now and the entrance to this property would be off the curve and there is a school crossing right up the hill from that. If he gets the rezoning, what does he propose to do about the street frontage to comply with the ordinance and he did not feel that this should be rezoned until it is known what he is going to do with the balance of the property. COUNCILMAN ROGER PETERSON asked if this would come under the Subdivision Ordinance and MR. MAGNUSON stated that it would - it provides that the division of one parcel of land into two or more pieces for the purpose of building, development or transfer of ownership is a "subdivision ". It could be a minor subdivision without requiring a plat and an application for subdivision would have to be made - the Council could, if they see fit, to grant the minor subdivision if they wanted to facilitiate the development for the 2.7 acre parcel. MAYOR JUNKER felt that the sketches were so brief and the engineer is not sure that it can be serviceu with sewer and water from Olive Street and that the City Council should have a better idea as to where they are going to be and if sewer and water is available. s t1 r w a • • —J • • 0 January 22, 1980 25 ` • • 0 I1 F1 • • COUNCILMAN POWELL felt that rather than mislead anybody that it was purchased as being single family and felt that that it should remain single family be- cause Reliance is planning on building single family out a little farther and to put multi - family in there would be inconsistent with the planning that the City has alreayd projected and should remain that way and if the petition is valid in anyway the neighbors feel the same way - it should be developed, but that it should be developed along the guidelines that have been setforth and to come in with a multi- housing or two family he may go to a lot of work and find that it is not going - he preferred to see it remain single family. MAYOR JUNKER felt that with the church there, that there is kind of a "buffer" zone and thought that the Council could look at it before making a decision. COUNCILMAN POWELL stated that on the north it all single family, the west is going to be single family and it would be incompatible with that to do anything but keep it "single family ". COUNCILMAN ROGER PETERSON did not disagree, but what has been submitted it is hard to tell what exactly he is asking for - first of all they do not know whether or not the area comes under the "subdivision ordinance" and if it does, he has not submitted the proper plans and plats and he did not see a street and if it is going to be a private driveway or if it is going to be a street that will service the rest of the 20 acres or not - do not know if the property is going to be owned or hid by the F -me owners association -- MR. MAGNUSON stated that they requested a determination from the City several months ago as to how they should proceed and they were told that it would have to be platted and that it should be rezoned before they bothered to plat and that is why it is being done in stages - the first stage is to seeif the City would be willing to rezone it; second would be to accomplish a plat after permission is given for the rezoning. The Planning Commission approved the rezoning of the 2.7 acres with one exception since there was not a plat for the remaining acreage. MAYOR JUNKER felt that the engineer should take a look at it and see if the would recommend to the City if it can be serviced and what is going to happen to the rest of the property. He asked for a two weeks continuation of the hearing so that Mr. Elliott could make a recommendation on the services for this property. MR. FARRAR made further comments on the homes to be built here and that each half would sell from $85,000 to $100,000 and there are many communites where you find this type of housing next to single family homes. BOB LORENTZEN, 1811 West Olive Street, felt that one most important things is having egress and ingress to this property as he has trouble backing out of his driveway which is very dangerous and there have been a lot of accidents on that curve already - this would be adding 12 more families coming in and out of this property. RAY KIRCHNER stated that with the exception of the church and the radio tower the entire area is single family on all sides and when he had talked to Mr. Deiss about it, they would not be in the $85,000 to $100,000 price range, they would be more like $65,000 to $70,000 with all of the bedrooms in the basement - he would like to see the area remain single family. MR. FARRAR stated that when you add the landscaping, the roadway costs and the other costs this will bring the homes up to the greater value and in a higher bracket. The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the hearing was recessed for two weeks for a decision. (all in favor) UNFINISHED BUSINESS 1. ICE TIME FEES FOR THE ARENA STEVE SWEETLAND, Naryknoll Drive and representing the St. Croix Valley Hockey Association stated that there are two specific items that are a part of thest December 13, 1979 Recreation Commission that they are concerned about; of all, the Commission has voted an increase, a proposed increase to be submitted to the City Council, at a rate of $37.50 per hour to $47.50, which is an increase of $10.00 per hour which represents more than a 20% increase in the rate and translated to them the larger purchaser of ice (more than 50% of the ice time purchased by the Association), they are talking about an increase to the (continued on page 26) • 0 • • s • *( 26 January 22, 1980 Association of around $6,000. It represents what they hope for is the proceeds of the largest fund raiser that they have each year is the candy sale. They are concerned about the rate of this increase and they would like some infor- mation about the necessity to increase it at that rate realizing that in the last five years tjat Lily Lake Arena has shown a profit on the books. He further reminded the Council that they are aware that it is difficult sometimes to understand the total cost of the operation of the Lily Lake complex because that arena is only one aspect of a total compelxt which includes the beach, tennis courts, ballfields, etc. They feel that they are perfectly willing to accept responsibility for the kind of costs that are incurred through the operation of the arena, but they would suggest that it would be inappropriate for them to incur any expenses for any of the other facilities in that complex. The other concern that they have is that there was a proposed payment plan that was a change from the past - their previous arrangement had been that they would pay a single time for the ice that they rented during the course of the season and that was sometime in April - the change in that as proposed this year, is that there be two payments of 50% each - one on December 1st and one on February 1st. The first payment would not create too great a problem as they get the registration fees prior to that, but the second one falls right before the candy sale - that would be a bad time to hit them for this. He asked for consideration of these facts - the resulting effect on increasing the costs to participants in the program, they are afraid, if they do this, they will be losing some kids - the current program works with about 500 youngsters - it is probably one of the lowest cost programs in the Metropolitan area - they share the burden of the financial responsibility - with the strong backing of community sponsors and reasonable ice rate fees. MAYOR JONKER asked if they would live with a $5.00 increase instead of a $10.00 inrease responded be lot easier to deal with equipment. COUNCILWOMAP' BODLOVICK asked what the recommendation was of the Recreation Commission and COUNCILMAN POWELL stated that the recommendation was to keep it at $47.50 - it was cited by Mr. Benson that St. Paul pays $50.00 and $55.00 per hour and Mr. Kriesel indicated that the Ice Arena is not self- sufficient and that we have to have it in order to make ends meet. MR. KRIESEL stated that Jim Fackler worked up the figures on what the ice -time is going to cost in 1979 -80 season and he arrived at a figure of $43.04 per hour for a break even point and for the 1980 -81 season projecting a 109, in- flation factor that the need per hour would be $47.35. The Ice Arena itself operates on the average of $22,000 per year loss as opposed to $25,000 or $30,000 for the ballfield the other complex. The City does subsidize the other part of so than more improvements the City goinget other duringw looking 1980. MR. DICK BLEKUM stated that both the arena manager and he keep books separately on the arena operations and he has the annual reports for every year - this is strictly what the arena costs and what it takes in - this is kept separate so that they know what they are doing - the second year the arena operation, which does not include bonding or anything else, just what it costs to operate and they take in, there was a deficit of $5,000. Every other year there was between two to five thousand average overage above operating expense, but whatever there was over was put back into capital improvements within that building - nothing has been spent on the rest of the complex in the nine years that it has been in operation - the money for the operation of the ballfield is out of tax money. There have been many improvements - the adding of the dressing rooms in the back - switching of the player's box from one side of the rink to the other - making of a whole new scoreboard operation out of it - the concession stand by the Zamboni Room - new cilings in the dressing rooms. COUNCILMAN HARRY PETERSON stated that he is a member of the Recreation Commission \ and it is his firm conviction that the City has to come in with a substantial higher figure in the 1980 budget which will be approved and the rates have to be increased substantially. He was aware of the fact that many of the youngsters enjoy the arena, but the City can't ignore the fact that they are go ing to have to pay more than they have in the past. MR. SWEETLAND agreed that it should be the responsibility of those whose use it to pay for it and he felt that as far as the bleachers they don't need them and that if there is a need for additional bleachers that those costs be borne by the School District or those who need them and this also applies to some of the other improve- ments that are necessary for the arena. MR. KRIESEL stated that he has been invited to the School Board meeting with the thought of the possibility of receiving some finance help from them for the addition of the locker rooms and other improvements. r t 1 • e a • • • • • F • • . January 22, 1980 MAYOR JUNKER stated that it costs a kid approximately $200 to play hockey with his equipment and the ice time and the parents cost of traveling with them - he knows that the Ice Arena has to be paid for but there are some things that could be changed in the running of the arena that he has seen for five years and felt now is the time if we are going to have to raise it good look at the way it is run - he felt that there is some money that could saved. MR. SWEETLAND stated that since they are the major user of that ice that if there is any further discussion regarding any of these matters he would like to participate in that - they too are looking at ways that they can economize the ice same etimeksogthat they that are more on On motion of COuncilman Harry Peterson, seconded by Councilwoman Bodlovick, that this matter be laid over until possibly a month from now to give Mr. Kriesel an opportunity to talk with the School District before any action is taken. (all in favor) 2. PLATTING OF OUTLOT C AND D IN THE INDUSTRIAL PARK MR. BILL PAULEY presented to the Council their plat for these Outlots and were requesting signatures on this plat at this time (Mayor and City Clerk) MR. ELLIOTT stated the problems with the utilities to service these Outlots which were not developed at the time that the utilities were ordered area. Outlot "D" lies within which streets have already been app sanitary sewer and watermains were constructed this past year and service to were p ovided this will o present utilityrservicelproblemsC- there is block is Che matter of cutting into the street and the magnitude of the problem can only be assessed at such time as we know who might need the respective developers of the property - he is hopeful that one party will buy four lots so that they sold as to have some finncial services problems those connected with them. With should be With nine street will have be nd new t street t and l it i s extremely a the utilities twereacontemplated - the parcel t on v the t le ft a however, m does a the not present that problem because the utilities are not yet in and nde recent nd petitioned for - there will be a service for every of the services and hopefulythatlittcould be remedied y major the ion least possible disruption of the new street. There will also be the matter of drainage to be considered after the contour maps are arailable. COUNCILMAN POWELL asked whether there are ever engineers at the Joint Powers meetings thorzation the SttilllwateOryCit indicated yCouncil, but the had the hesitant to engage one since they have to pay the cost of same. COUNCILMAN POWELL stated that there appears to be a lack communication or the Joint Powers Committee acts without any information from any engineer and things like this develop. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Mayor and the City Clerk were authorized to sign the Kern- Pauley Plat. ( Outlots C and D - Industrial Park) (all in favor) THE MAYOR DECLARED A RECESS FROM 8:30 to 8:40 P. M. UNFINISHED BUSINESS 1 MR. rickson property). The estimated cost t of the par s king lot with meters is $89,910; the Main Street Realignment eitg projectginiwhichithewstateewill sh ch part of the cost is 5134,395; parking lot. The total. add-alternate of0 e5 or a total $1 00,835 and the parking esimated ted coat of the Main Street Re Realigngn ment and the Parking Lot is $235, The land costs are $113,500. The City's tare of the realignment would be approximately 37% cf that or $49,726. In round figures the estimated cost of the project would be about $265,000. The assessments will be a very complex method which will be done by zones as you radiate away from the parking lot the further out zone would be the dstrict thishlotdand percentagessoflbenefitware arrived at the by of the periphery down to near the lot but at the same time it (continued me which he may a lot on on page Y 27 \ , J • • • • • 2 January 22, 1980 have private stalls for his customers, he is given credit for that fact he adds to the ability for people to park in the downtown area. The total uu tuber of on -site stalls have to be counted and also there are City lots that have been built and paid for in the downtown area and the financing of same he was not sure of and these lots are quite available to some and not so to others and that adds a further complication to a formula for assessing. COUNCILMAN POWELL asked would there be any consideration for the size of the property being assessed within each perimeter and MR. ELLIOTT indicated that would be considered along with whether they would have any on -site stalls. COUNCILMAN POWELL stated that when we purchased those other two parking lots that were mentioned, the City had a standard per foo. assessment - there was no differential between one area and another area - some people objected and took it to court and won to have their assessments reduced and not eliminated. RICHARD JACOBSON, repasenting Janda's, asked if the realignment of the street would be done whether or not the parking lot is developed - is this independent of the lot or would this be done because it is convenient. MR. ELLIOTT stated that this is precipitated by the lot construction to provide good enrrances and a good traffic flow from the south - this is pretty much of a rural street section there - this is to define the roadway to a better fashion. It is possible that if the parking lot did not go ahead, that work could be done in conjunction with the traffic signal work - those two projects could be tied together. RICHARD JACOBSON, president of the Downtown retail Council representing 72 businesses downtown and restated their emphatic support for the development of the parking Lot. They went on record last year as being in favor of this parking lot and they are still very much in favor of it - the parking lot is very expensive, but at the same time if people can't have easy access to and from the businesses in downtown Stillwater they will not shop here. They employ over 700 people and pay a large share of the City's taxes and they need this con- tinuing support in order to maintain and keep on building a better downtown Stillwater. If the Council members are considering voting against the parking lot, they should think about their friends and neighbors that they represent. COUNCILMAN ROGER PETERSON stated that the Council had meetings in the past prior to the condemnation of this property and he felt that it was pretty well established that the need was there - did not feel that anything had changed and if anything the need has increased - the only reason that this is on the agenda is because the condemnation award did come in higher than was originally projected and that the Council wanted to bring it to the attention of the retailers downtown that the estimated cost that was presented over a year ago is higher now than it was at that time and also that the State has pulled some of its funds. COUNCILMAN POWELL stated that we will be losing some of the parking on Main Street with the re- routing of the traffic so that it becomes even more imperative and it will never get any cheaper. MR. MAGNUSON felt that we will have to have another improvement hearing since the City has six months to order the improvement and felt that time had already lapsed. THE CITY CLERK informed the Council that in checking the minutes all the action up to this date has been done by motion and nothing has been done by resolution. DAVID JOHNSON, CONN CO, asked if this is going to be paid by assessment what is the plan for the revenue that would come off the meters. COUNCILMAN POWELL stated that we would have to assess the greater portion - perhaps 20 to 257, might be covered by revenues - he felt that the Council is thinking that the cost of parking down there might be through 25e meters and this will relieve parking in other sections of town - in the past the City has used this revenue to help retire the bonds - there is no projected revenue from these parking meters. There was discussion regarding the proposed asssessments for these improvements and Mr. Elliott stated that they would have to be put on a computer and this would be a costly project and felt that they should not be computed until the City has taken bids for the improvements. MAYOR JUNKER wanted the retailers to be aware of the possible high costs to some of these businesses and he felt that if they were satisfied with the possible assessments, which could be extremely high in some cases, he did not see why the City Council would not order the improvement at this time. MARY ANN TURNBLAD indicated that when they were approached on this matter a year ago they were willing to spend this kind of money and felt that there is the same feeling at this time. BIM YI Est • a • • • I • • 0 • January 22, 1980 COUNCILMAN ROGER PETERSON felt that the people are aware of the cost and that 1 has to be determined now is the need and he was sure all of those in the Downtown area even those who are not here are aware of the estimated cost - the method of payment and the amount of payment and the assessments can be taken care at the assessment hearing and now the Council has to determine whether or not we will go ahead with the project. DICK JEANS did not feel that the cost of the street alignment should be assessed along with the parking lot and wondered how this could be paid for. COUNCILMAN ROGER PETERSON felt that it defines the parking area and there are cars parking where what would be a sidewalk. CY TURNBLAD stated that we have to realize that there are times when not everyone is going to be totally happy if the parking lot goes in, but it is important to remember that the majority of the Downtown businesses are for it - and bound outhnandeonly west with hills Downtown i to move on whatever chances there are on parking. A On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced "ACCEPTING THE COURT'S AWARD ON THE CONDEMNATION AND ORDERING THE CONSULTING ENGINEER TO PROCEED WITH THE DEVELOPMENT OF THE PARKING LOT ON THE ERICKSON PROPERTY, LOCAL IMPROVEMENT NO. 166 ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, r NAYS - -None Powell and Mayor Junker (see resolutions) (This resolution was not published per instructions from the City Attorney - see minutes of January 30, 1980 when a resolution was adopted "Ordering a Hearing on Local Improvement No. 166" since the six months time from the last hearing had expired.) 2. CHUCK KABIS, 926 Sunrise Avenue of the River Valley Lions Club, appeared before the City Council with the proposal for the Improvements at Pioneer Park. They are hopeful of starting this project in March and will be completed sometime in September. He detailed the full extent of the project and showed a drawing indicating what it will look like when completed. They feel that they can provide this beautiful project for about $35,000. They were asking the Council for their support in furthering this project - he was requesting their verbal support, to assist them in furthering the project to assist them in reaching out to the community to obtain assistance from other clubs through contribu- tions and other areas to help them. He requested seed money for this project from the City. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council approved the project and offering what support the City can give the River Valley Lions Club from the City through the Recreation Department, the Engineering Department and financial support that maybe available. (all in favor) 11 3. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "ACCEPTING THE AGREEMENT WITH JUNKER SANITATION, INC " AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, and Powell NAYS - -None (see resolutions) ABSTAINED - Mayor Junker 4. MR. MAGNUSON reported that at the direction of the City Council he wrote to Mr. Larson asking if their proposal for the Nelson School was still in effect and they have requested that the City participate in this project through the sale of Industrial Revenue Bonds,etc. COUNCILMAN ROGER PETERSON felt that the City Attorney and Mr. Kriesel should be instructed to proceed with the Zoller- Larson - Hagstrom proposal for the Nelson School and come back to the City with a definite proposal as to the City's participation. This could be through Tax Increment financing, Commercial Revenue Bonds, etc. MAYOR JUNKER stated that in the past year when they were approached by Mr. Zoller and Mr. Hagstrom that their financing was available and he did not feel that it was fair, in his opinion, that the City of Stillwater get into any kind of financing program for the Nelson School. He personally felt that if they want to take the Nelson School as a historical site and remodel it, he felt that was their perogative, but he did not think that the Council should do any kind of increment financing for this project and further it that was the case it could be a 16 unit hi -rise at this time and he personally would not go along with it with any kind of financing - they should show the City that it is feasible and that they can put in their units - it was his understanding that Mr. Zoller was going have wath s es h not e Be felt that there have been too many protlems want to get involved any further with it. • 0 0 • r • • 30 January 22, 1980 COUNCILMAN ROGER PETERSON questioned the Mayor about being in favor of the other Industrial Bonding in the City and not in favor of this particular case. MR. MAGNUSON stated that the full faith and credit of the City isn't pledged on the bonds but there might be implied pressure when a business man can't make the payments on the mortgage is going under and this risk is there regardless of what you are talking about - Industrially zoned property or any other. COUNCILMAN HARRY PETERSON was somewhat supportive of what the Mayor has said - we are not reopening a question of whether or not the Nelson School proposal introduced by Mr. Zoller and others if feasible and prudent - the letter that he was reading asked the assistance of the City in investigating feasibility of financing. He felt that it would be proper for the proponents of this plan to at least to do initial legal work and then come to the City as do other developers and say 'Now this is the way you can help us' - it appeared to him that the cart is getting before the horse and the City is being asked to move into the arena before their attorney takes this particular route. JEFF ZOLLER stated that what they ar requesting is a meeting with the City to find out what is involved in getting this type of financing. They are checking every avenue and it is possible that private financing would be just as economical for them. MR. MAGNUSON stated that the judge's order said that in ninety days the City should proceed in good faith - negotiate with these people keeping in mind that the paramount concern that the City should have is for the preservation and restroation of the Nelson School. He felt that the City should let the court know what the City is doing. On motion of Councilman Roger Peterson, seconded by Councilman Powell, Mr. Magnuson and Mr. Kriesel were instructed to meet with Mr. Zoller on their proposal and come back with something definite by the first meeting in March. (all in favo r - the Mayor did not W BI NEW BUSINESS 1. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the claim from Florence Dornfeld was directed to be sent to the McGarry- Kearney Insurance Agency. (all in favor) 2. JAMES LAMMERS appeared before the City Council regarding the plat approval for the Feely Plat. He indcated there are some concerns about a street in this plat. COUNCILWOMAN BODLOVICK state that the question was raised about the continuation of Curvecrest Lane or not ors €t was to contnue on to Greeley and the location of this street on the plat. MR. ELLIOTT stated that there is currently a contract with the Keller Construction Co. to construct this street. Mr/ Elliott pointed out on the map the location of this street which comes by John Ogren s property. VI MR. MAGNUSON stated there is an easement over the south seventy feet of this �I property and the City is going to have to acquire that part north of the little silver on the map. MAYOR JUNI(ER made reference to a narrow .,tip of land which is too narrow to build on and the City is going to pay him so much per foot to take that off his hands (Mr. Ogren). MR. MAGNUSON stated that we are awaiting for the last possible design of it and he has not heard from Mr. Ogren recently on this. MR. VAN WORMER stated that they had been contacted by the contractor /designer who Mr. Ogren has hired to provide them with information on the land so that they can design the buildings to fit into that area. MR. MAGNUSON stated he gave the City the deed for the south seventy feet aro now he may take the position that he should get paid for that - that is ar.other issue and the land is expensive land. There is 100 foot frontage requires for a lot in that zone and he could also front them on Curve Crest Drive. MR. VAN WORMER explained the problems that Mr. Ogren has with this property according to the County zoning and he would have to get variances regardless of what and where he builds unless he builds further to the back. MR. ELLIOTT stated that Municipal State Aid money could be used for the land acquisition but if any damages were assessed whether Municipal State Aid would be allowed. • • • • 1 • • • 0 January 22, 1980 COUNCILWOMAN BODLOVICK stated that the only thing that they need is a concrete plat map that the City says here is where the street is going to be built. JAMES LAMMERS stated that as far as the Feelys are concerned, that the location of Curvecrest as shown on the plat is not likely to change. MR. ELLIOTT stated that when the sanitary sewer - the trunk sewer which serves the Hooley Development, the City purchased easements along this route (pointed out. on the map) and subsequently this plat is developed to follow identically those same easements - this alignment has been locked in for sometime. At one time they had it to the north, but dealing with Mr. Ogren it became shifted south to this location and they had to go back and change the easement to conform to what is shown here now. COUNCILWOMAN BODLOVICK stated that the Joint Powers did not have anything showing where that street came out on Greeley Street and they wanted to be assured that this was the proper right -of -way. MR. MAGNUSON stated there is a lawsuit which the Feelys have initiated now pending with the City contesting the validity of all of the assessments for his parcel and MR. LAMMERS stated it is only for the three acre parcel which was assessed for the improvements in the Industrial Park. MR. MAGNUSON said the total assessment picture there would have to be a breakdown of the assessments attributal to each parcel if the Council is going to allow a sub - division. The question is whether you allow the person who picks up the land to assume those Green Acres assessments which have not been levied yet and incurred by the City - there are a lot of problems with the assessments - there is also a problem with the ponding area - the City has been negotiating for the purchase of that - he did not feel that we should negotiate for the purchase of that any more if they are subdividing as a common concession and he felt that it should be required that be dedicated. MR. LAMMERS stated that regarding assessments, the only way the assessments against the forty acres is going to broken down is through the filing process to establish the lots and blocks and break cut the assessments that way. MR. ELLIOTT stated that the only assessments against the property is the trunk sanitary sewer and also drainage related to the area. MR. LAMMERS stated that the Feelys are in agreement with one objection - it is recommended by the County that the Feelys pay $3,300 in lieu of park dedication. The City will have to acquire storm water ponding easements - the Feely's asked him about the $3,300 assessment and he advised them that this was the uniform policy of the City and they have the right to do : . t under the statutes and ordinances and it is just a part of the platting process. When the City began to negotiate for the acquisition of this pording area, there was an offer tendered in the amount of 50c per square foot which amounted to about $26,000 for the acquisition of this ponding area - this was not satis- factory to the Feelys and they are in the process of having an appraisal done. The position with the Council is two -fold -- first of all they feel the Feelys should not be treated as all other properties and that the same formula should apply to them regarding this dedication which is 109 of the assessed value. YIN Basically, the formula that he would like to see that they not be asked for this amount of decication since this basically drains from the whole area and this would not be fair to them. COUNCILMAN HARRY PETERSON quoted from the Washington County Planning Depart- ment and the background data is that the size is 39.9 acres - zoning, Industrial; lots proposed 21 - streets proposed two - Assessor's Value - $33,270 and question- ed these figures against what was offered for the ponding area. MR. MAGNUSON stated that this is "Green Acres" and that the market value of that land or any undeveloped land is not reflected in those assessed values. He quoted in the new code that in all new subdivisions a minimum of 7% of the gross area subdivided shall be dedicated for public recreation or for other public use. It is optional that allows ..oney to be paid in lieu of land - there is a statute regarding the application of this parkland area for drainage - 7% of 39 acres would be two point something acres and that would be a dedicated drainage area. This is a concession that the Council can consider. MR. LAMMERS (responding to Mr. Peterson's comments) stated that he was involved with the Hooleys on the Industrial Park - they have about 150 acres - the as foot - within Industrial formula using $3.00 square assessed value and 10% of it came up to about $20,000 for 150 acres - from that it was agreed to give them a credit for the storm water areas based on the same formula - they ended up actually paying $12,000 for this 150 acres - it is not fair and it is not uniform to treat the Feely's different than the Hooleys or any other people which you apply the same formula to. 31' • • • • 1 • ( 12 • January 22, 1980 MR. MAGNUSON added that they dedicated the land for the water tower and they gave a pond and a number of different ponding areas and a lot of easements and that the gross areas dedicated by the Hooleys would be greater than the area that we are asking to be dedicated by the Feelys. MR. LAMM1ERS stated in talking about the formula they were given a credit back on the same formula for the water tower and the storm water area - needed approval by the Council - it was his understanding that the Joint Powers had approved the plat with the question regarding the access to Greeley Street. COUNCILMAN ROGER PETERSON asked Ann if the Joint Powers ever discussed the ponding area or the $3,300 contribution by the Feelys to the Park Fund and she indicated that she had given hers to Mr. Elliott on this matter. COUNCILMAN POWELL asked if the Hooleys dedicated right -of -ways for streets and the response was "yes" and did the Feelys and MR. MAGNUSON stated that we paid them for some right -of -way. MR. ELLIOTT stated that we bought the ease- ment for the sanitary sewer which is sufficient for a roadway. MR. MAGNUSON read the regulations from the Sub - Division Ordinance regarding the dedication of land for the various purposes and questions were rais-J about the dedication of property and the platting of same. MR. LAMMERS stated that the County is requiring them to plat since they were attempting to sell it off in pieces and they were forced into it - Mr. Cald- well made his plea for his project and they did feel that was fair to do it that way. MR. MAGNUSON stated if the City approves the plat this evening, then the City is goin_ to have to condemn the ponding area - could require it as part of the plat dedication just as streets are. MR. CALDWELL,representing Orville Madsen, stated that they are a potential user of the property - they have been working with the Feelys and the Joint Powers for almost eight months - what he could see developing here is a real problem from several standpoints - he can't keep the financing set aside while all of this platting resolved - time is running out for him - within a couple of months if he does not have the plat filed, the preliminary concept approvals done, he will lose the project - if he loses the project, then all of a sudden the Feelys have no incentive whatsoever to file that plat for sub- division - if he can't buy that from them, they don't want to plat - they are not going to put those roads in and they are not going to give up the ponding areas and there would be a real question of fairness to come to place - you may have thr practical power to force the taking of that land from them without asking for compensation and questioned if that was the right thing to do - he did not feel so - that ponding area benefits one tremendously big area and the City should pay for the ponding area and pay fair market value for it - the Feelys will get assessed for it and his firm will get assessed for it, the Industrial Park and everybody benefits by that ponding area witll get assessed for it - it is not a general public purpose - it is for individual private property owners in that area and felt that this should be challenged. MR. LAMMfERS stated that this ponding area is essential for the drainage of the whole area and the City should pay for it and assess it back to the people who benefit by it. COUNCILMAN ROGER PETERSON felt that the attorneys should settle this matter before the plat is approved and COUNCILWOMAN EODLOVICR felt the same way. MR. MAGNUSON stated that this is a policy decision - in all fairness the City can require up to 7% of the area of that deed be dedicated for public use, whether it be playgrounds, storm sewers, or any other recreation use - you might argue that it is unfair, but it is not unfair - that is what the ordinances say - that particular ordinance has been upheld in the Minnesota Supreme Court as being fair - he did not feel that the Council should be pureuaded that this would be unfair. COUNCILMAN POWELL asked if we knew that it was going to be a ponding area, why hasn't some assessment been made for the storm water run -off - was it becauca we did not know what we were going to pay for it or did we think that we would get it for free. MR. ELLIOTT stated that theproject is now under construction and will be assessed sometime next fall - the estimated for the sewer and the utilities excluded the easements because we did not know the cost of the easements or if they would be dedicated - the north line of the Feely property is the north limit, Trunk Highway 212 is the south limit and about 300 feet to the east of Greeley is the easterly limit and the westerly limit is Northwestern Avenue. This is a natural pond. a Cr' e • • • • • 0 0 • January 22, 1980 On motion of Councilman Powell, seconded by Councilman Roger Peterson, that the attorneys get together and resolve the differences since the area is aware that some asssssments be made for it and that a reasonable price be paid and assessed back to the development and the whole area. (all in favor) going to be paid for their parties that fair. 3. The matter of the Orville Madsen Project will be resolved when the plat is approved for the Feelys. 4. BRUCE FOLZ, representing the Augustine Bros., presented the proposed plat to the Council for their review. The City Engineer was asked to review the plat and come back to the Joint Powers with his comments in writing. MR. ELLIOTT stated that the area can be served by sanitary sewer and water from the Forest Hills Addition and this would bring the Stillwater and the Oak Park Heights systems closer together and this is very desirable. The drainage is another problem since this property is on the easterly boundary of the Lily Lake watershed and there are no storm sewers in the Forest Hills Addition - it could be extended to a ponding area which has been a part of the platting requirement of this area and the ponding area is proposed to be just north of the east /west street which is 61st Street. At the meeting before Joint Power; it was asked who would pay for the storm sewers and it is always those who benefit from it. Forest Hills is well served, so the assessments will be against the Commercial developments to the south of the Forest Hills Addition unless there can be proof that there is a benefit to other people. MR. FOLZ stated there are two natural low areas on this property which could be used for ponding - one at the south end of Burger King and the other one is just south of Forest Hills and there is no outlet for that area except to run it into the street and the north 100 feet which is in the Comprehen- sive Plan calls for a green belt area between this and Forest Hills and no development will be done in that area. There is some concern on the amount of control and the type of use for this green belt. The road to the west goes thru about 250 feet south of his north line - his property is "L" shaped - the school district purchased the north 250 feet and the west 800 - he would have street is r i e constructed, then s Mr. Anez the street h be assessed the improvements in that street. (COUNCILWOMAN BODLOVICK left at 10:25 P. M.) MR. VAN WORMER stated that the east /west street for this property would solve a lot of traffic problems, but the exact alignment has not yet been set in the terms of the Comprehensive Plan - it can be adjusted to suit the development of this property and he has seen Mr. Anez's plan and this should work out very well with that plan. This could be continued through the McCarten property and connected with the platted street of Omaha Avenue to the east. He stated that it desirable to extend this to the east to connect up with South Fourth Street or Osgood Avenue, but that is in Oak Park Heights. I MR. FOLZ stated that they would have to move the one hill out and fill in the low area which would improve the street grade - the whole area is zoned "limited business" and they are proposing to rezone the south part for "general business" to accommodate retail business. in the aised investments land inand moviing dirt WORMER stated ere around to build the road and get land that is developable. MR. FOLZ was asking for rezoning of the south porti ofnthe property and the location of the street (61st Street), MR. MAGNUSON stated that the only say that the City has over any of these matters, is that the Council direct can Power to vote a certain way, but the This area came into the City at the same zoning as it had prior to annexation. COUNCILMAN HARRY PETERSON was not sold on this proposal at all - if Mr. Anez broke up his property what is preventing this type of road connection down into the Frontage Road. MR. FOLZ made reference to following a certain plan and MR. MAGNUSON stated that this plan was never developed by the City - it was some plan ot developed by the Joint Powers are for testimony at the hearings, contested annexation hearings - he was not aware of anything developed by the City of Stillwater as far as the street layout for that area. 33 • • • • If • • January 22, 1980 MR. FOLZ stated that they could live without this east /west street and put in a cul -de -sac and come off the frontage road which would not create a problem for the development of this land, but it is the City's plan that calls for some continuity and some plan for the transportation system and the Transportation Engineer has indicated that there are some problems with the volume of traffic on the North Frontage Road and if the Council does not listen to him in fifteen years he could be awful sorry which services all of the Commercial property that is located there right now. MR. FOLZ stated that if the Council makes a commitment to this street, at the time that they come back to develop these properties or request this street to be built or build it, a total storm water study has to be done and a storm water plan has to be provided at the same time as the street is constructed - you can't develop the property physically without having the outlets for the storm water. MR. MAGNUSON stated that is part of the data that they have so supply along with the plat. Questions were raised as to which way the drainage would go and MR. FOLZ stated he felt that it would all drain to the south and MR. ELLIOTT could not see that the first development would cause any real change in this area. Questions were also raised about drainage going into the ditches along the Highway but this part of the plat naturally drains that direction so there should be no problems with that. The only outlet for the storm water to the north to get that water to Lily Lake is through Forest Hills. MR. ELLIOTT stated that they have not done an engineering study on this, but if they go west there is a hill at least 30 to 40 feet high and it can't go that way and it cannot go east - the water has to go through Forest Hills to get to the Brick Pond and then to Lily Lake. COUNCILMAN ROGER PETERSON asked if the Council could approve this initial piece provided that the storm water drains to the south - if it does not drain t o the south, they would have to make it drain to the south. MR. FOLZ stated that the state would not allow this since they are changing the natural drainage. MR. ELLIOTT felt there shouldn't be any approval of this unless there is a storm outlet as a part of the original proposal. It was stated this evening that the City changed the Feely pond substantially - the City has not touched one thing - the only thing that has happened within that drainage district was one thing - the Cub Food Store was built and the hard surfaces there caused the increase and that is what is going to happen here - if you say let's go ahead with this little development and we will take as much water as possible to the pond that is there and then the pond will get ahead of you. He stated that before any development occurs they would have to petition for improvements and that would include the drainage - the water currently goes to Lily Lake now. He explained to the Council the whole Lily Lake drainage area - and it is very difficult to change this drainage to the east because of high points - it is within this watershed and it has to accommodate it through a pond and a pipe so that it won't do damage to the property to the north. There would be no assessments to the properties in Forest Hills since we could not claim benefit to them. This would be to all of the property that would benefit from the improvements. The first development can be sewered and the watermain can come from another direction - on the front for the retail would come from Oak Park Heights - the front parcel would not need the services from the City of Stillwater. MR. FOLZ agreed that a storm water study should be done. On motion of Councilman Harry Peterson, seconded by Councilman Roger Peterson, the Council rejected the application for rezoning and subdivision of property pending a comprehensive watershed study and a decision on the proper drainage for the Augustine Plat. MR. MAGNUSON cited the ordinance regarding this matter and felt that this is required for the final plat but that it should be required for the preliminary plat as 999 of the work should be done by that time. r4 e a • • ar • r 0 • January 22, 1980 MR. FOLZ stated that if he cannot get a firm commitment from the Council on the transportation system, then the whole design of the subdivision isn't worth anything - if the Council isn't committed that 61st Street will go through in about that location, then it is foolish to do a storm water study and try to determine where that is going to go out - the bulk of the water that is going to drain into that land is going to drain off from the Augustine property which is about 14 acres. COUNCILMAN HARRY PETERSON stated that he is against this proposal - it is an attempt to utilize a section of land and admittedly we are short of land in Stillwater for buildings but he felt this is an area that does not the change of the to tsuch going extent involve it sickens. trees, MR. FOLZ indicated that there is a storm water problem there today - develop- ment has been allowed along the frontage road - you have another 30 acres of land that is zoned "commercial" - the City at sometime has geteanlong et outlet for that arm water area and it is not going away P the line you could put in single family houses and you are going to generate the water from Oasis all the way down to this low area and it has to have an outlet. If the storm water costs for each one of these parcels of land is $20,000 an acre, then obviously the cost of the storm sewer is more than the value of the development. He preferred that the City Engineer would make this study and assess it back to the development. MR. MAGNUSON suggested that the City get some kind of escrow for this study to be sine has c had f problems s in money on these billings. him and the City billings MR. ELLIOTT stated that the City could develop a street net plan for this area because there is multiple ownership of land you are never going to get people to come to an agreement as to where the street should be - knowing where the street is,then he would know where the storm sewer would be located in that street - he could then do a more meaningful drainage study. (VOTE oger MOTION - All Powell1andaMayor -Councilmen Harry Peterson, Junker) 5. On motion of Councilman Roger Peterson, seconded by Councilman Harry PeUraon, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES—Councilwoman a Bod Councilmen Harry Peterson, Roger Peterson, NAYS- -None (see resolutions) 6. On motion of Councilman Harry Peterson, seconded by Councilman Roger Peterson, the Council approved the Excavating Bond for David Junker dba Dunker Excavating. (all in favor) 35> • INDIVIDUALS AND DELEGATIONS 1. JOHN HANSEN appeared before the Council relative to a building which he purchased at 315 South Third Street requesting ha forma changr innth the and i ld i n g uld plan for the building which was approved like to put one toilet on the second floor rather than two on the main floor - the code calls for two on the main floor. seconded by Councilman On motion of Councilman Roger Peterson, y Powell, the Council approved the change in the code for Mr. Hansen subject to the approval of the Building Inspector to make the change in the toilets. (all in favor) 2. her prop rty at 60th the the requirements the usage ntsforparking for her small parcel of property and that Press On parks on both sides of the street between the two properties, and they also used her property for parking when it was vacant. COUNCILMAN HARRY PETERSON stated that Dan Koehler drew up a concept which would limit the number of cars that could be on the lot and to put in certain landscaping. MRS. MELTON'S complaint was that she is being denied a permit for a used car a lot i there is now the property. MR. MAGNUSON stated that the City's position is that this lot was sub- standard before a portion of it was taken for the roadway and prior to that it was in the Township and it was not the City's responsibility to object. • • • s • '4s January 22, 1980 COUNCILMAN HARRY PETERSON stated that Mr. Walczynski would be willing to do it, but did not feel that Mrs. Melton would be inclinded to do the improvements which would be about $25,000.00. MRS. MELTON stated that Dan Koehler has stopped her on numerous occasions from renting this building for anything - Mr. Walczynski made application for his dealers license and he was not aware that he could not park his cars on this property and he was approached by the Stillwater Police as to who gave him permission to park the cars there. COUNCILMAN HARRY PETERSON asked Mr. Melton if she had ever had a permit from the rented car lease for such an operation. but someone she had operati n COUNCILMAN HARRY PETERSON stated that Mr. Pritzinger came to the Joint Powers for a permit to operate a van conversion business on a retail level - and he had not made an application and he received a letter from Dan Koehler talking about the site plan, etc. and he lost interest in it. The next thing Mr. Walczynski shows up and they are trying to get him out of what is called a bad situation and an opportunity for Mrs. Melton to use her property within the limits of the zoning requirements. COUNCILMAN ROGER PETERSON felt that it should be Dan Koehler's responsibility to explain to Walczynski the reasoning for his proposal and nothing has been done right on anybody's part - unfortunate incidents that no one was aware of. P n instructed to attend 20, the M . of the Joint UNFINISHED BUSINESS (continued) 5. MR. ELLIOTT explained the tabulations of the bids for the cleaning of the bridge under the Burlington Northern Tracks and they are unusual. The contractors were unsure as to the type of equipment or machines that would be used for this project and equipment were and both stated different consideration. MR. ELLIOTT alerted the contractor to the fact those tracks could wash out and that he a perfo bond for work and he will have Tri- State do this work for P ACG Mechanical. On motion of Councilman Powell, seconded by Councilman Harry Peterson, the Contract for Local Improvement No. 177 was awarded to ACG Mechanical. St. Paul, Minnesota for a bid price of $36,862.50. ) APPLICATIONS On motion of Councilman Powell, seconded by Councilman i Harry Peterson, the following Contractor's Licenses were approved: Giebler - Jahnke Woodworking, Inc. General Renewal 1111 South First Street, Stillwater H fi I Wood Specialties General New Box 95, Stillwater (Formerly Robert Eardley) David C. Junker 1001 North Fourth Street, Stillwater Excavator, Landscaping Renewal Blacktopping Ciarette Councilman AB Holiday H 1024 North Owen a OwenStreet. (all in favor) COMMUNICATIONS From the DNR - Permit Application for David Johnson Development. (no action) From the Minnesota Environmental Quality Board regarding a hearing to be held Thursday, January 24, 1980 at 7:30 P. M. at the Bayport Elementary School Gym. (no action) s i 1 e 0 • • • 1 • • • w COMMITTEE REPORTS - continued None COUNCIL REQUESTS None None OUESTIONS FROM PRESS REPRESENTATIVES January 22, 1980 RESOLUTIONS The following resolutions were read and on roll were adopted: 1. Directing the Payment of the Bills. 2. Commending Jesse Snelson - Building Official 3. Adopting the 1980 Budget 4. * Accept Condemnation Award for Parking Lot and Order the Improvement - Local Improvement No. 166 5. Accept Garbage and Refuse Agreement (Mayor Abstained) *Not Published per instructions from the City Attorney ADJOURNMENT On motion of Councilman Powell, seconded by Councilman Harry Peterson, the meeting adjourned at 11:40 P. M. Attest: od.+ < / �"^o -PR/ J City Clerk Mayor 37 • • •