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HomeMy WebLinkAbout1980-07-01 CC MIN• • • I► INDIVIDUALS - DELEGATIONS th1 ka COUNCIL CHAMBER Stillwater, Minnesota Absent: Also Present: None Press: None Citizens: July 1, 1980 7:30 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker Finance Director - /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineers, Moore and Elliott; Building Official, Zepper; Jerry Mahoney, Marie & Grace Stanek, Russ Meister, Gary Laidig Jerry Sikorski, Fran Duncan, Sally Ebert, Bud Kern, Bill Pauley, Neal Skinner, Jim Torseth, Sherri Johnson, Ray Johnson, Jim Gannon, Bof Fors and several residents from Croixwood. 1. SHERRI JOHNSON, appeared before the City Council requesting sewer for some lots on Center Street on the east side of the street and there is only a 25 foot right -of -way on this street. MR. ELLIOTT stated that they could estimate the hours for the feasibility study and advise Ms. Johnson as to the cost of same. MR. MAGNUSON did not feel that this is a legally sufficient petition and the Council would have an agreement that the feasibility study would be paid for as it might be impossible to assess the project - before the Council orders the feasibility study, they should have here agreement that she will pay for it and the parties on Lots 8, 10 and 12 should be notified and informed of the cost. On motion of Councilman R. Peterson, seconded by Councilman Powell, the Council authorized the Consulting Engineer to prepare a feasibility study subject to Ms. Johnson approving of the cost and also that the other owners involved in this being informed of the proposed poject and also of the cost. (all in favor) 2. RAY JOHNSON, 2576 Bayberry avenue, appeared before the Council on behalf of the Stillwater Jaycees and the Military Order of the Cooties VFW asking for a beer permit for each of these groups for Lumberjack Days and he presented the printed joint proposal outlining the times and dates. This would be for Thursday, Friday and Saturday - this would be a fenced area of the south portion of the park which would be about 50 x 100 feet and these organizations will supervise the accesses to the fenced in area. Mr. Abrahamson indicated that he is working on his schedule for the officers working during this time and he has assurance from the Sheriff'd Department that they will help as well as other communities through a mutual agreement. Neither of these groups will have a band there during this perioSof time, but he did not know if the Chamber was planning to have a band there. COUNCILMAN H. PETERSON stated that he voted against the permit to sell beer in the park and he still had some concerns about the hours of selling beer from twelve noon as he felt that the activities in the afternoon are primarily aimed at recreational aspects with the attraction to the young people with the play area for the kids. In the event that there is any violation of the r as with a sub- stantial amount of drinking outside of the fenced -in area that the concessions be closed up immediately by a member of the Police Department. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, based on these conditions gated here and the assurances that they will be closely adhered to, permission was granted to sell beer in Lowell Park to the Jaycees and the Military Order of the Cooties for Lumberjack Days per the schedule presented. COUNCILMAN R. PETERSON did not feel that this was a change of any kind - they are closing for an hour and a half and did not see any reason for selling beer from noon to five o'clock as he agreed with Mr. Peterson that this period is the time that is meant for the younger people and the families - he felt that this could create some problems with cutting the south portion of the park in half - did not feel that there was a need for beer in the park. VOTE ON THE MOTION - Ayes -- Councilwoman Bodlovick, Councilmen H. Peterson and Mayor Junker Nays -- Councilmen R. Peterson and Powell (Motion carried) 3. MAYOR JUNKER Introduced Sally Ebert, who is running for County Commissioner for Washington County. 157 • • • 1 • .458 1. PETITIONS None July 1, 1980 - continued UNFINISHED BUSINESS Representatives from Kinder Care appeared before the City Council about re- instatement of their Special Use Permit for a Day Care Center in Croixwood, and they had withdrawn their request due to a question on zoning which they were told had been cleared up. MR. MAGNUSON stated that the restrictions that were applied to that parcel of land for the gas station has to be the same restrictions that apply to a Commercial District and the City took that position because the statutes require that the restrictions and requirements be uniform within the zoning districts and it is probably not legal or permissable to zone one parcel of land by ordinance in one way - so the ordinance is the same - the approach that was taken to the ordinance at the last hearing was that it was treated as an application for a Special Use Permit in a Commercial District. The planner did suggest that the Council look into the zoning and he suggested three zoning classifications - there has been no action taken on this - the Planning Commission has not studied it and they have not had any direction on it. MR. MAGNUSON stated that it is not really what the Council should do - they can set a hearing before the Council or if in their discretion it could be referred back to the Plat- ng Commission. Discussion indicated that there should be clarification of the zoning require- ments and how they should be interpreted and the fact that the ordinance should be changed. On motion of Councilman R. Peterson, seconded by Councilwoman Bodlovick, the Council referred the matter of the Kinder Care back to the Planning Commission for their study and recommendation at their JULY 7th meeting. (all in favor) MR. PEDERSON asked for a ruling on the zoning for this property and MR. MAGNUSON stated that the ordinance as it is written could not be sustained in court be- cause it is a specific ordinance written for one specific parcel - requirements that were placed on that parcel are much different than burdens placed on other Commercial properties and therefore, it would be arbitrary. COUNCILWOMAN BODLOVICK felt that the Council needs a determination and COUNCILMAN POWELL stated that the last request was for a gas station and previously the residents opposed Kinder Care - with the interpetation that Mr. Magnuson has given there is a good chance that they realize that a Kinder Care Center might be some- what less than that, but that a gas station would be far worse that that, so with the experience that they have had they might take a different attitude and he felt even with the filling station Mr. Magnuson said that it isn't necessarily necessary to follow the wishes of the neighborhood if that is the only objection that there is and the Council found other objectionable things as far as traffic and safety of the children - if the Council had not had those, then the Council would have geen acting improperly - with this proposition it might be different This possibly would not be as close to the grocery store. MR. PEDERSON did not know what he would be accomplishing going back to the Planning Commission - what the attorney has said and what the man who owns the land has said it is a commercial pin of land - if it is a commercial piece of land, there is not much sense going back to the Planning Commission if you are going to abide by the ordinance - now the man who owns the land has instructed him that they could proceed to go because it is now zoned as a "commercial" piece of property. MR. MAGNUSON stated that the Council has the right to interpret he ordinance and his own feeling that when an ordinance is unfair on its face that the Council has the duty to proceed on the basis on what is legally permissable. The property is zoned CA- Commercial and then it is subject to this further restriction and his thinking is that the restrictions are not fair and reasonable so that the Council could interpret the ordinance with that restrction off of it and that would be permissable. MAYOR JUNKER asked if they were to bring in a new proposal with a home there instead of a business, why can't the Council hold a public hearing before the Council a month from now and see if the Council at that time is willing to give them a permit to build it and the CITY ATTORNEY felt that the Council could do that. COUNCILMAN ROGER PETERSON felt that we could suggest to the Planning Commission that they make a determination as to what type of commercial building is allowable on that property. MAYOR JUNKER felt that the Council should make the determination and not bother the Planning Commission with it. MR. PEDERSON stated that they do plan to apply for this at the same location as the last time. s I r • • a • s • • r . • • Oak July 1, 1980 - continued IH COUNCILWOMAN BODLOVICK asked what the Council is going to do with the present ordinance - do away with it or amend it - and there was discussion about amend- ing the ordinance, and the City Attorney stated that the Council could apply it in this instance and that it will involve some further study with the Planning Commission. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the City Attorney was instructed to attend the meeting of the Planning Commission on July 7th with the idea of making this part of the ordinance to conform to the rest of the zoning ordinance, or send them a letter to this effect. (all in favor) 2. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introduced "AWARDING THE BID FOR THE PUMPER TRUCK TO GENERAL SAFETY COMPANY WHICH WAS THE SECOND LOW BID" as recommended by the Public Safety Committee and the Fire Chief. AYES -- Councilwoman Bodlovick, and Mayor Junker NAYS- -None INDIVIDUALS At DELEGATIONS (continued) None Councilmen H. Peterson, (see resolutions) R. Peterson, Powell (Councilman Harry Peterson stated that it should be clarified that they are accepting the second low bid who is at North Branch near for service and they are equipping the truck with the waterous pump that is made in St. Paul and the availability of supplies and service cannot be discounted in terms of possible added costs.) 3. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized the scheduling of a meeting with the City Attorney, Mr. Kriesel and the Mayor with members of the School District regarding the acquisi- tion of some school property in Sabin's Addition to the City of Stillwater. (all in favor) 4. On motion of Councilwoman Bodlovick, seconded by Councilman Powell that a letter of commendation be sent to Jack Lay for his service on the Board of Water Commissioners. (all in favor) MAYOR JUNKER announed the appoint of Don Jahnke to replace Jack Lay on the Board of Water Commissioners. NEW BUgINESS 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council authorized the Finance Director /Coordinator to sign the release in the amount of $500.00 for the payment of sidewalk damage to Joe Ritzer by NSP, subject to the approval of the Building Inspector. (all in favor) 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a beer permit was granted to North Central States Division of Century 21 for Lily Lake Park for July 10, 1980 from 2:30 to 5:00 P. M. (all in favor) 3. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the date of July 15, 1980 at 7:30 P. M. was set for the public hearings on the following Planning Commission cases: Case No. 389 - Tom Cropp- extension of a Special Use Permit for a garage addition at 1504 South Greeley Street Case No. 390 - Edward Lundholm, 2683 Interlachen Drive - variance for a swimming pool. (all in favor) 4. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". Ayes -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker Nays - -None (see resolutions) 5. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council authorized the Stillwater Firemen to discharge fireworks on July 4, 1980 and August 1, 1980. (all in favor) APPLICATIONS On motion of Councilman Roger Peterson, seconded by Councilman Powell, the following Contractor's Licenses were approved: (all in favor) Tom Landry R. #2, Somerset, Wisconsin 54025 Landscapers Renewal David J. Stoltz dba Stoltz Decorating 413 W. Elm St., Stillwater Paining New 159 ° ° • • • e : (160 - - -On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, a license for the disposal of liquid waste materials into the City's Sewer System was granted to Pinky's Croxiland - Tom Palecek, Box 43, Stillwater. (all in favor) - - -On motion of Councilman Harry Peterson, seconded by Councilman Powell, a Cigaretr License was granted to Perkins Cake & Steak, 2050 Frontage Road West, Stillwater. (all in favor - new - 4 months) - - -On motion of Councilman Roger Peterson, seconeed by Councilman Harry Peterson, a beer permit was granted to Meisters Bar and Grill for Lily Lake Park for a Softball Tournament for July 18, 19 and 20, 1980. (all in favor) COMMUNICATIONS None CITY CLERK'S REPORT None CITY COORDINATOR'S REPORT 1. MR. KRIESEL asked for the addition of " Directing the Payment of the Bills" Board of Water Commissioners Home Insurance Co. PUBLIC WORKS None July 1, 1980 - continuer COMMITTEE REPORTS the following bills to the resolution : (Related to the McGrand - Forvarp settlement) $475.80 $473.20 (all in favor) PUBLIC SAFETY 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized the removal of the two taxi parking permits on South Second Street and authorized the installation of the following meters as requested by the Public Safety Director: Reinstate the parking meters by the Hi -Rise on North Second Street Install one meter on North Main Street by the old Northwestern Bank Install two or three parking meters on South Second Street by the old Valley Auto Building (all in favor) PARKS & RECREATION 1. On motion of Councilman Harry Peterson, seconded by Councilnan Roger Peterson, the Council authorized the demolition of the old cistern on the east bank of Pioneer Park. (all in favor) (This work is to be done by either the Parks Department of the Public Works Department.) BUILDING OFFICIAL 1. MR. UPPER reported to the Council about a Roofing Contractor, Gerald Cook, who has been repremanded for poor work and for not pulling permits for his work, and his license has expired. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the City Attorney was instructed to take action against Gerald Cook on these violations. (all in favor) CONSULTING ENGINEER'S REPO'T 1. MR. MOORE reported on the pipe on Pine Tree Trail - Mr. McKean will recommend to the Board of Water Commissioners that they would pay one -third of the cost. In discussion on this matter the School District contributes to this also and he requested authorization from the Council to write a letter to the School District Board to consider also Sharing in one -third of this cost. On motion of Councilman Roger Peterson, seconded by Councilman Powell, Mr. Moore was authorized to write a letter to the School Board requesting that they participate in one -third of the cost of the pipe on Pine Tree Trail. (all in favor) 2. MR. MOORE reported that the Plans for Lily Lake are coming right along and he has applied to the Corps of Engineer for a permit to repair the dike on the north end of McKusick Lake - as soon as the plans are complete they will bring them to the Council for their approval. a N I w 0 a e • • • • ^ July 1, 1980 - continued 161 • Wt s 13 Ma MO w 3. MR. MOORE reported that Mr. Folz told him that the Augustine Bros. are not willing to pay in advance for the storm sewer work for this plat and he asked the Council for direction to have the work on Rainbow Court completed or to stop short of this street. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized the completion of the work on Rainbow Court matting. (all in favor) 4. MR. MOORE reported on the Lux's Meadowview project on which the contractor had to repair a water leak and they are replacing sQQ a bituminous which was damaged - Mr. Lux had Miller haul some dirt out7fhere and they have damaged Stillwater Avenue base and a portion will have to be replaced and they will have that repaired and have that assessed only to Mr. Lux. 5. Lookout Street is generally complete with only some boulevard work to be completed in that area. 6. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council authorized Short - Elliott - Hendrickson Associates to begin work on the assessment rolls for all of the improvements as they are being completed. (all in favor) 7. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council directed that some type of barricade be constructed by the Public Works Department on the north end of the new parking lot on South Main Street. (all in favor) MAYOR JUNKER DECLARED A RECESS FROM 8:35 TO 8:45 P. M. INDIVIDUALS AND DELEGATIONS Representative Gary Laidig and Senator Gerald Sikorski were invited to present at this meeting and at this time there was discussion of the Joint Powers Commission. COUNCILMAN POWELL feels that it has outlived its usefulness and it has become quite cumbersome - he felt that Stillwater Township belabors a lot of questions and they like to go exactly by the Joint Powers authority and are very strict. He made mention of the three suggestions that the City Attorney had made and he felt that the second suggestion (that since the comprehensive planning has been done in the area)that the agreement be modified to provide that the Joint Powers would only meet when there is a change in comprehensive plans or rezoning or a variance and that the day -to -day administration of the zoning subdivision controls out there, including Conditional Special Use Permits be handled by the municipality in which the land lies - part of it is still in the Township and part of it is in the City) - something should be done to make it easier for the developer based on what the Clty feels should be done. COUNCILMAN ROGER PETERSON originally the idea of the Joint Powers was a good idea since each petition for annexation was contest and had gone to court and was prolonged for years. He does not feel that the original idea has worked out - it is time now that we say we tried it - the thought was there but it has not worked out and now is the time to get out of it. Now is the time to say that we made a mistake - the Joint Powers is not working out as it was originally planned - there are people within that Joint Powers Agreement area that were a part of the City even before this commission was formed and they agreed to go into that area more or less as a jesture of good -will and they have found out that was not the best thing for them to do. He feels that our local Planning Commission, local Building Official and local staff can take care of what has to be done out there. COUNCILMAN HARRY PETERSON had trouble with why in 1975 the City was very much concerned about joining with our neighbors in an agreement of this sort and five years later we find that we do not like it any more. He has been a Council representative on the Joint Powers for about a year and felt that good proposals can stand much scrutiny and as a new commer here he is one who says if he makes an agreement, he would like to live with it - there was obviously an advantage to the City of Stillwater in 1975 when this agreement was drawn and it was easier for us to annex the property which was at that time a good share of it under the control of the Township. He stated that the City is violating Item No. 12 of the agreement in which the City agrees not to accept any annexations of territories outside of the Orderly Annexation area for ten years and felt that the City has violated this with the Johnson annexation. He feels if he makes a deal that he likes to get out of it by mutual agreement rather than try to break it by an arbitrary decision - he does not at the momert feel that the Joint Powers Commission has outlived its usefulness - he has not seen any great amount of "nick- picking" - one of the prdiems is that we are dealing with the problem of an individual personality, than we are dealing of an organiaiion and they cannot make a decision as to who can work for the County - if there is a need to change individuals who are bothering developers, then let's ask for a change in those personalities rather than cancelling out of an agreement which is valid and should be adhered to. 1 • e • • • • { 162 July 1, 1980 - continued COUNCILWOMAN BODLOVICK feels that our representatives believed the City whole - heartedly when they introcued the bill and all of the persons involved were sincere about what they were entering into and five years down the road two Councilmen feel that it did not work - she feels that they have done a good job in five years - she is not willing to throw it out for the mere fact of ceasing with it - can look for some changes - the City Attorney had a couple of suggestions and agreed with Councilman Powell on the second change suggested by the City Attorney. She did not feel that we should just give up without another good try - fulfill it for a few more years or sit down and make changes. COUNCILMAN ROGER PETERSON stated that the original agreement was an Orderly Annexation Agreement - the condition set forth by the Township was the Joint Powers provision and to solve the annexation problem that existed for years, this was agreed to. He did not feel that acdepting a petition from David Johnson from the north part of Stillwater that the City is violating or not following that agreement. It was also agreed to that any petition that was received could be enacted on by mutual agreement by both parties and the City accepted that petition with the approval of Stillwater Township. If you enter into an agreement and it turns out co be not a workable agreement, you should get out of it. MAYOR JUNKER believes that the biggest hang -up is that the Stillwater Township people do not want the City to develop the Industrial Park - it has become a drag - they simply want the developers to sit with the land and maybe build one building per year and this is not feasible because of the interest that they are paying on the assessments and he has to blame the County for wanting sole control of the Industrial Park and the City of Stillwater has only two people to be heard from and they have done a good job. We can't wait for the big companies or industries to come in - the future is now and not ten years from now. He believes that the Planning and the County Attorney have got Stillwater Township against the City of Stillwater and they want the land to sit and be vacant. The City can't afford this and we cannot be in the real estate business. It just can't take this long to tell somebody that wants to build there that he has not the right to build there because he is not a manufacturing plant when it says that it is permitted under a Special Use Permit - he does not know how the developers can come out unless the land is sold within the next two or three years. He is in favor of revising it so as to change the authority that they have now. OSCAR KERN - there is not a contract that cannot be broken and he did not feel that the Joint Powers is not living by their agreement - they can come up with many things like what they presented to the Council at the last meeting - they are causing his company much monetary damage plus their time and they are going to fight for it. GERALD SIKORSKI - they carried the legislation at the request of the City, the County and the Township - at the time he was warned that this was new ground in the State of Minnesota and he does not believe there is another instance like it. It requires ratification by the local governments and all three ratified it. By the terms of the agreement all three parties basically have to be active in positive participation There is a problem historically with the Township in the workings of the City and that there has been a common rivalry for sometime and it is accentuated by the new development that is occurring and the Johnson Annexation has created some ill- feelings by the Township and this complicates it. His concern is that the wrong people - that hostility is being carried out against people that simply are going about their business - the people ovm land and seek to develop it in the Joint Powers area - if there is blame - if there is bad feelings it shouldn't be carried out against those people. There is a lot of bad feelings with the people who have to deal with this plan and agreement that covers it. From what was presented the majority of the Council feels that there should be termination - if that is the case, he would have to recognize that can be termination by unilateral action - they do not have to ratify any- thing and that would only complicate the problems for the developers as it would tied up for a longer period of time. It was his hope that the City would state a position and try to negotiate a position with the Township and the County that can help ease the situation for the developers and as the same time maintain the crux of the agreement - he did not know if it is accomplishable but whatever this Council comes up is something that will give direction to him and Gary Laidig in the upcoming session. They are in it because of the Council's direction and will get out of it by their direction. GARY LAIDIG - when this was initiated it was a model type of agreement and at that time ended years of civil war between the Town and City as to annexation and at that time both parties gained by the agreement and lawsuits were dropped. It has become very clear that the Township continues to resist the growth and development of the City with sincere reasons and the City has an opposite viewpoint. (continued on page 163) Ma Ion w. • • • • 1 • July -1, 1980 - continued Aza • L/ He has talked to individuals and groups who are concerned about a couple of things- there is a very short construction season - it very difficult to obtain a timely type of planning as to what is going to be prudent in that area and try to attract business to that area. They represent both areas and they will work at their direction. If there are problems with individuals, perhaps that could be changed. As far as he felt they cannot get involved with neighbor- hood disputes and they are interested in hearing from the City and the Township. JERRY MAHONEY, a former Councilman, indicated that the was originally involved with the planning and from his experience it is his opinion that the biggest problem with the Joint Powers was the County Planning Department. There were many delays and unanswered questions and it took two to three months before a final ruling from the Planner so that the Commission could make their decision. Possibly some of this could be handled by the local jurisdictions as indicated by the City Attorney. JIM TORSETH - in the five years that they have had Press On here they have not had one committee and the reason for that is that when you have committees you do not have decisions any more. He has been pleased with his dealings with the City administration and officials and Council, etc. because they got things done. He had a lot of frustrations in dealings with the Joint Powers Committee - there is a lot of diversity of opinion. COUNCILMAN HARRY PETERSON asked if either of the legislators would be willing to introduce legislation to repeal the Joint Powers Agreement? MR. SIKORSKI stated that if that is the direction of the communities involved and not the unanimous direction of the communities involved he believes that is what is proper since he played a role in the initial legislation. MR. LAIDIG stated that if the City Council requested by resolution, he would introduced it by request - he did not know if it was a good idea to take a local dispute to the legislature. COUNCILMAN ROGER PETERSON asked the City Attorney if they could by mutual agreement to the parties involved agree to dissolve this Joint Agreement without involving the legislators. MR. MAGNSUON stated that the agreement provides it may be changed by the unanimous agreement of the three parties or dissolved. On motion of Councilman Roger Peterson, seconded by Councilman Powell, that the City make a formal request to the Township and to expect a formal answer from them about dissolving the Joint Powers Committee. On motion of Councilman Powell, the motion was amended to read "to dissolve the Joint Powers or that it be amended to some degree that allows the Stillwater Planning Commission to take care of the every day routine matters (like the second suggestion made by the City Attorney). Councilman Roger Peterson seconded the amendment. VOTE ON THE AMENDMENT- Ayes -- Councilmen Roger Peterson and Powell Nays -- Councilman Harry Peterson Abstained - Councilwoman Bodlovick and Mayor Junker (Amendment carried) VOTE ON THE MOTION - Ayes -- Councilmen R. Peterson, Powell and Mayor Junker Nays -- Councilwoman Bodlovick, Councilman Harry Peterson (Motion carried) CITY ATTORNEY'S REPORT 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized Nile Kriesel to contact John Person about the condition of his property and give him fifteen additional days to clean up his mess, and no more extensions. (all in favor) 2, Mr. Magnuson presented the various appraisals for the land in connection with Local Improvements 171 and 173. (Orleans Street extension right -of -way) Tom Thumb Property Croixgate Property Paul Emerson Property John Ogren (total) splinter site $22,374 street 60,630 Ponding 15,994 Service Station 19,000 $5,000.00 $12,400.00 $12,600.00 $121,000.00 Temporary about $3,000 • • • ■ s- 1 • e 64 July 1, 1980 - continued There was discussion about Mr. Ogren's property and his commitment about these damages and there is nothing in writing on this matter. Mr. Magnuson explained the figures in this particular appraisal and how they were figured. MR. MAGNUSON recommended that the City pay the total of $121,000 as we are living with a decision that was made back in 1975 as to where the utilities should be put in and the street must follow in the same area. There was discussion on the assessment for these projects and that part of this project will be funded by State Aid funds, and as to how this parcel should be treated for assessments. The Council concurred with the City Attorney for such payments. COUNCIL REQUEST ITEMS 1. COUNCILMAN ROGER PETERSON raised a question about the fill that is being put in on North Fourth and Wilkins and Mayor Junker stated that Mr. Shelton had approved of this. 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, Mr. Elliott was instructed to inform Orrin Thompson that if the Edgewood Ditch is not improved by August 1, 1980 -- some other action will be taken. (all in favor) (Either Mr. Elliott or Mr. Kriesel is to send this letter) 3. MR. ELLIOTT made mention of the exposed sewer at Fourth and Hickory and Mr. Kriesel was directed to have Mr. Diethert put in some fill in this area to protect this sewer. ORDINANCES None RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Award the Bid for the Pumper Truck - General Safety ADJOURNMENT On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the meeting adjourned at 9:50 P. M. (all in favor) Attest: City Mayor r 61 • • • • • •