Loading...
HomeMy WebLinkAbout1980-11-05 CC MINPI a 3W ",e i1 COUNCIL CHAMBER Stillwater, Minnesota November 5, 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 Harry Peterson, Roger Peterson, Powell and Mayor Junker Absent: None Also Present: Press: Citizens: Finance Director /Coordinator, Kriesel; Superintendent of City Clerk, Schnell; City Attorney, Magnuson; p Public Works, Shelton; Public Safety Director, Abrahamson; Consulting Engineers, Elliott and Moore; Building Official, Zepper; Bonding Consultant, Langness Free Press - Edstrom Barbara Avise, David Johnson, Don Raleigh, Bob Peterson, Mr. & Mrs. Douglas Moody, John Caldwell, Jerry Mahoney INDIVIDUALS & DELEGATIONS 1. MR. BOB PETERS, 702 North Fifth Street, appeared before the Council regarding the removal of the "No Parking" signs on West Hickory Street from North Fifth to North Martha which he felt were put there as a safety factor and should have not been removed. He submitted to the Council a copy of the 1974 petition and elaborated on this petition, and asked the Council to reconsider their action of several weeks ago. Questions were asked about the width of the street and MR. SHELTON stated the street itself is 34 feet and there a lot of other residential streets that are an numbber 32 feet of other streets alignment uilt problem ithin the it is as years. as a good COUNCILMAN HARRY PETERSON failed to see why the parking of vehicles on the south side of the brought abouttbyetheskindsgrunningvout extra that would probably be , COUNCILMAN ROGER PETERSON stated that the problem at the time the signs were put in 1974 was that it was a neighborhood feud and the signs were put up to appease everyone at that particular time - at the last meeting there was a petition signed by the majority of the neighbors requesting the removal of those signs nicating that it was not a safety problem. He felt that there was no safety problem he did not feel that they whould change anything at this time COUNCILWOMAN BODLOVICK stated that she was not aware of the 1974 action that was taken - she stated that we have numerous streets in the City of Stillwater that are that with phaveethemthan expressed here. She removed. COUNCILMAN POWELL stated that back in 1574 it was pretty congested at that time with all types of vehicles parked there which basically belong to the same family who have since moved from the neighborhood. On motion of Councilman Harry Peterson, seconded by Councilman Roger Peterson, the Council sustained its decision of the last meeting to have the signs removed on West Hickory Street. (all in favor) 2. MR. & MRS. DOUGLAS MOODY appeared before the Council regarding a variance to build a home on a portion of their property for their daughter. There seems to be a discrepancy in their legal descrption and it does not give them enough property to build this home. They have secured the signatures of the neighbors within 300 feet that they are not opposed to the building of this home on a portion of their property on Ramsey and Brick Streets. MR. SHELTON stated that a portion of this property comes from a realignment of Pine Street, Olive Street and a few other streets - this was done in 1920 and people are still trying to pick up this footage and others are attempting to have some removed from theirs. When Mr. Snelson was here he told the Moodys that it was all right to do this and what happened is that Mr. Snelson misinterpreted the zoning areas and he thought it was a Two- family area and it turned out to be one -they have now gone to the bother of having the lot sub- divided - if there was a replatting done, he would have sufficient land - the Planning & Zoning Commission went along with it 100 %. 265' • • • • 1 • X 266 November 5, 1980 MR. ZEPPER stated that a lot of the area we can build on 7,500 square foot single family - this happens to be just outside of the area evn without this other land they still have 8,900 square feet - they have 1,400 per lot more than most of the rest of the City has. There were questions asked about what they were requesting and the response was that they are requesting a variance of about 1,100 square feet to have a minor subdivision of their property to allow for the construction of an additional home on this property at Brick and Olive Streets. It was brought up that a similar request was denied last week in a similar situation. COUNCILWOMAN BODLOVICK indicated that they do have the property, but it is not on their deed COUNCILMAN POWELL asked them if they would be willing to have the City Attorney get this property deeded to them and that they pay the cost of same. MR. MAGNUSON stated that there is a similar problem up on Lookout Street and the way that was eventually resolved was in the improvement project they realigned the street and the City vacated portions of it and a new survey was made so that the actual right -of -way can be located and make the map comply with the conditions as they understood them - he did not know what the costs would be, but he would say about $12,000 - it could be a real complicated thing and he did not feel that it was only his problem. Questions were raised as to why the City could not vacate that portion of the street that is needed and MR. MAGNUSON stated that it could be done if we know that the part that we are vacating is what we went to vacate and there is evidently some mixup between the map of the area and what is actually on the ground - in order to do that we would have to have a survey done. COUNCILMAN POWELL stated that there are some extenuating circumstances that one case does not necessarily govern what another case is and in view of the fact that the conditions are the way they are, he moved to grant the variance so that the Moody's could build on that property of 8,900 square feet and that the City Attorney investigate the street problem in the area, and waived the hearing on this request. COUNCILWOMAN BODLOVICK seconded the motion. COUNCILMAN HARRY PETERSON asked if thenewas a need for a public hearing on this matter and MR. MAGNUSON cited the ordinance on this matter and the drinking has been when the consent of all the neighbors has been brought in, then it would be okay. The Council viewed the petition signed by the neighbors which did not waive the public hearing or anything about the variances, and Mr. Moody indicated that all of the people are aware of the problems involved. VOTE ON THE MOTION - Ayes - Councilwoman Bodlovick, Councilmen Harry Peterson, Powell and Mayor Junker Nays -- Councilman Roger Peterson (motion carried) 3. WAYNE NORMAN appeared before the Council regarding the new State Law for weight limits for a length of the Highway 95 - the limits were raised on the other parts of the highway but not on this section - from the south junction of Highway 95 and 13 into town it is 73,000 and they are requesting that this be changed to 80,000. On motion of Councilman Powell, seconded by Councilman Harry Peterson, the Council is to notify the Department of Transportation that they would like to have the stretch of highway between Maple Islan, and the underpass going south of Highway95 to be changed from 73,000 to 80,000 load limit. (all in favor) UNFINISHED BUSINESS 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced DESIGNATING OFFICIAL FIRE LANE SIGNS AT THE BIRCHWOOD PARKING LOT ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) NEW BUSINESS 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Dunker NAYS - -none (see resolutions) tar • • • • 1 mr p • • • r• COMMUNICATIONS None November 5, 1980 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick pm a resolution was introduced "APPROVING THE PLANS AND SPECIAL PROVISIONS FOR THE IMPROVMENTS ON MAIN STREET ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 3. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council approved the Excavator Bond in the amount of $5,000 for Scott Builders, Inc. (all in favor) 4. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council set the date of November 18, 1980 at 7:30 P. M. for the public hearing on Case No. 394 for a variance to convert a single family home at 716 South Fourth Street into a duplex - (there is a shortage of 1,900 square feet). (all in favor) 5. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE ESTABLISHING BUILDING MOVING REGULATIONS WITHIN THE CITY OF STILLWATER ". (all in favor) INDIVIDUALS & DELGATIONS At this time Mayor Junker introduced Councilwoman - Elect, Barbara Avise. APPLICATIONS On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson, the following Contractor's Licenses were approved: (all in favor) Energy Conservation Services - Eugene J. Eastlund Renewal 8650 Kimbro Lane No., Stillwater Insulation Gorco Construction Co. 3384 Brownlow Avenue, St. Louis Park 55426 General Renewal Haines Tree Service, Inc. 9262 Otchipwe Ave. N., Stillwater Tree Trimmers Renewal Hearth 6 Home - Twin City Fireplace Co 2004 Lyndale Ave. So, Minneapolis, 55405 General Renewal M & R Construction Co. 1166 E. 7th St., St. Paul 55106 Masonry & Brick Work New "W" Construction (North Country Pools) Renewal 6012 Stillwater Blvd., St. Paul 55119 General CITY CLERK'S REPORT 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced EMPLOYING LINDA KRONSCHNABLE FOR THE CONCESSION STAND AT THE ICE ARENA" at a salary of $2.75 per hour effective, Monday, November 3, 1980. (all in favor) 2. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the request for a street light on Northwestern Avenue in the Stillwater Industrial Park was referred to Mr. Shelton and Mr. Elliott for their study and recommendation and report back at the next regular meeting. (all in favor) 3. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the complaint regarding the St. Croix Cab Co. operating out of the Whitehall Estates Apartment was referred to the City Attorney and that he report back at the n ext regular meeting. (all in favor) CITY COORDINATOR'S REPORT 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council authorized the City Coordinator and the City Attorney to attend the workshop regarding new legislation on a= bitration sponsored by the League of Minnesota Cities. (all vn favor) • • • • November 5, 1980 2. MR. KRIESEL brought to the attention of the Council the request from the League of Minnesota Cities regarding the assessment for the proposed new building for the League - this can be done either by a lump sum payment of $5,968 or there is a five year option plan which adds another 10% to that figure - it is either $5,968 lump sum payment or $1,574 for four years. He felt that we didnot make these payments that there would be a surcharge on the regular annual dues for this and then it we do not pay those, then we would have to drop out of the membership. COUNCILMAN HARRY PETERSON felt that we should take a longer look at this and he was reluctant to have the City make such a payment or payments. COUNCILMAN ROGER PETERSON did not know what the alternatives are and we should find out what some of the other cities are doing on this and he felt that we had not been given any alternatives on this before - he felt that the League has been very much of value to the City and probably will be in the future - he would still like to know what the City would be getting for their money. MR. KRIESEL stated that they have 30% commitment up to this date on this On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the matter of the assessment for the League building be tabled until the next regular meeting. (all in favor) 3. MR. KRIESEL requested a budget meeting for 4:30 P. M. on Monday, November 10th and the Mayor requested appointment times for the interviews for the police position - they will interview six on Monday eyeing from 6:00 to 9:00 P. M. and the balance on Tuesday and Wednesday evenings. 4. MR. KRIESEL informed the Council that he has been contacted by the representatives of the Public Works Department to consider tle 30% merit positions in their contract. COUNCILMAN POWELL stated that he felt that it is up to the Council to initiate any action of that kind rather than to have it suggested by the employees because we are not just arbitrarily going to give somebody an increase for meritorous work just because they ask for it - there should be some reason that the Council feels that it is legitimate rather than stemming from them - establish some guide- lines. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Finance Officer was instructed to inform the Public Works Union that no action will be taken on the meritorous position increase. (all in favor) MAYOR JUNKER DECLARED A RECESS FROM 8:30 to 8:40 P. M. INDIVIDUALS AND DELEGATIONS RON LANGNESS, representative from Springsted's, Inc. appeared before the City Council regarding the Memorandum of Understanding between the City of Stillwater and the Oak Glen Development determining a feasible method of financing the Oak Glen Development to be used as a basis for review by the City Council which he explained in detail at this time. (Memorandum of November 4, 1980 - Oak Glen Development File). COUNCILMAN ROGER PETERSON asked about the possibility of not being able to secure long term bonds and at the end of the term of the temporary bonds and MR. LANGNESS stated that the statutes look at that and there is a take -out provision - a require- ment that the temporary bonds be exchanged for new bonds at the maximum legal interest rate which is 12% today. The bond holder that holds the temporary bonds has to take them out and in all of the years that they have done this they have had to do this - if there is a bad market time it could force that situation - it would be for a very short period of time. MR. LANGNESS stressed the fact that it is very important that the City prepare and work with the developer in preparing a Developer's Agreement and that agreement is going to spell out who is responsible for what and when - this is a large project - this should be taken care of by Mr. Kriesel, Tom Hay and also with Mr. Raleigh and Mr. Johnson - this is a very important part of the City's participation in the program. The second thing - in no event would he recommend to this Council that th , go ahead with issuing bonds for the improvements until such time as the costs have been determined and the money secured for the recreational facilities - the golf course,the club house - those eminities which make the development profitable and workable - that financing has got to be arranged before the City makes commitments of this size. Also the City would want to take construction bids on the improvements before the bonds are sold so that we know what the costs are - have a positive determina- tion of what they are - also run those costs by Mr. Johnson to make sure - in the event they come in substantially higher than was estimated that the project is still feasible as to the way that he has got it planned. 1 a 0 • s • • i 1 7 • • • n PEI r November 5, 1980 Mr. Johnson has stated that he really would like to get into this bidding this winter and in order to do that rhtere are a lot of loose ends in order to get the bids in early in the season - he did not know the status of the Industrial Bonds for the golf course - the Council is going to have to take some action either for or against proceeding with the project and giving assurances so that things will start moving. COUNCILWOMAN BODLOVICK asked about when they are planning to bring this before the Planning Commission and MR. RALEIGH responded by saying that the Council authorized Mr. Magnuson to give them some guidance on the proceedings and he pointed out quite frankly that they ought to resolve some preliminary matters before the City or Planning Commission starts spending a lot of time reviewing the Planned Unit Development under the ordinance and the preliminary matter that he had in mind was finding some point of understanding with the financial con- sultants to make sure that there was a feasible way of financing this before they went ahead - out of that came the meeting that they had Mr. Langness and Mr. Hay - at this point they are ready and feel that they should proceed with the actual review under the Planned Unit Development as soon as they can and get general concept approval and also they have to get the Environmental Assess- ment work sheets started and there is a lot of time involved in getting through that procedure. He asked that the Council give the okay to go through with the Planned Unit Development procedures. MR. MAGNUSON stated that Bruce Folz has already submitted to him a number of things that the Planned Unit Development requires be submitted and most of it probably has been in his hands to be passed out to the different people that need it incouding the Planning Commission - the problem would be when the Planning Commission would meet next and whether all the various people that have to review this matter find it feasible to have it reviewed - the Planning Commission has to see it before the Council acts on it and when they meet only once a month and he felt that possibly they would have to set meetings more often to get this matter taken care of. There was discussion about having the Planning Commission meet twice a month and to have the first of these meethgs within two weeks or on November 17th. MR. FOLZ indicated that they are ready now - he stated that the Council should give the consultants permission to start working on this - like Duane Elliott and Carl Dale and the Planning Commission is going to want their recommendations and this does take time to do this. MR. ELLIOTT stated that they could review it and be able to answer the normal questions that the Planning Commission would ask - can the drainage be handled - can it be served by sanitary sewer - what about water supply. MR. KRIESEL, THE CITY CLERK AND MR. ELLIOTT were asked to take care of the loose ends and Mr. Kriesel could get in contact with the Planning Commission tomorrow. and see if they can meet within a two week period of tonite. MR. FOLZ suggested that the information be given to the staff and then have a meeting of the staff and themselves in about a week or ten days - if they are missing some information at least then he could get it to them and help their process. MR. ELLIOTT stated that the Environmental Work Sheet has to be submitted by the Municipality according to the information that he has and MR. MAGNUSON stated that the City is the responsibility agency and in the agreement we would have to pass on these proceedings and that is something that has to be done in concert with Mr. Elliott and the Developer. MR. RALEIGH stated that it is his understanding that this could be reviewed by the Council at anytime after the Concept Plan. MR. MAGNUSON stated that in our ordinance we have a Planned Unit Development section and Subdivision section - the first is the concept approval of the PUD, then final approval of the PUD and preliminary approval of the plat and then final plat approval - each of the four stages need a public hearing - when we get to the plat approval a lot of the information will have been submitted and approved as a part of the PUD. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council set the date of December 2, 1980 at 7:30 P. M. for the Concept Approval and also for the Industrial Bonds for the Oak Glen Development, and the staff is to work with the developer on this project. AYES -- Councilman Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS -- Councilwoman Bodlovick (Motion carried) 269 a • • • 1 • /70 • 1 November 5, 1980 CONSULTING ENGINEER 1. MR. MOORE reported that Arcon Construction started on the Feely project and Charter Oaks has also started on their part of the project. 2. MR. MOORE reported that the Center Street and Pine Tree Trail Project contracts are in the hands of the City Attorney for his review and there will be a pre - construction conference on that project on Wednesday, November 6th. (The contractor is Julian Johnson) MR. ELLIOTT asked about the formal agreement with Swager Bros. to provide the $2,500 for the Pine Tree Trail project - he does have a letter from the Water Board that they would participate to that extent of $500. MR. MAGNUSON stated that he thought that there was a letter somehwere to that effect and this is to be checked out. 3. MR. MOORE stated on the Lily Lake project that the contractor has installed the pipe to a point down on Brick Street and they ran into some problems with the pump station in that location - he prepared some drawings which he showed to the Council at this time - and explained the two alternates which could be used. The second alternate would require the removal of a number of trees and the first alternate would be the best one. They have not approached Mr. Jagusch about relocating the station -he his only given a verbal agreement to put the pipe on his property - the top of the station would be at sod level and it has a concrete slab with a square door and this is all exposed only at ground level - nothing above the ground - it will be a silent operation below the ground. MAYOR JUNKER stated that he had talked to Mr. & Mrs. Jagusch today and they will let the City put whatever is necessary there - have to replace the trees - have to resod - before we do anything he told them the City world meet with them and discuss just what will be done. Dr. Nelson is not agreeable for the City to go through his property, but MR. MAGNUSON stated tha we can - there would be a fence that would have to be taken down. MR. MOORE stated that this doesn't require any real change in route - the only change in the contract would be moving the station - the depth would still be relatively the same and he did not feel that it would cause any delay or differnet construction procedure for the contractor - the other may, however, cause a little different construction procedure in that it could be a wet area being closer to the lake itself - it will require a little more footage in pipe and some vents MR. ELLIOTT stated that there is another concern - we do have a contractor on the job who is relatively low bid and he is looking for extras - the one option is we could move on soon and every week delay we get with Dr. Nelson we are going to get to a point where the contractor is going to have to be asked to stop work and he is going to be asking for some move in and move out costs. MAYOR JUMKER asked if we were to meet with Mr. Jagusch immediately the project would continue and asked if there would be too big of a problem with the pipe going on that property - MR. MOORE did not see to big a problem in installing a pipe - there are going to be problems, however, getting around the existing structure are such as the manholes and the in -place sewers - this is actually a wet -well. Another problem that could occur would be de- watering problems in this area to install that pumping station. MR. MAGNUSON asked what would the cost be to make this change and MR. MOORE could not answer that at this time. There are about 20 trees that would have to be removed and this could amount to about $2,000 for trees alone. MR. MAGNUSON stated that if they would go ahead and work on Dr. Nelson's property what he could do is sue the City for trespass for going beyond our easement - the easement is to maintain storm sewer outlets to Lily Lake and that easment he is bound by, so wa would actually be trespassing as we would not be on that easement - damages for trespass are nominal damages - in other words the court would assess a penalty to the City!:for doing that. The other damages would be the difference between the market value of the thing with the existing pipes in there and the market value now with this structure on it and it seemed to him that difference in value isn't that great because the property is already encumbered by two structures - the Council has to look at a viable lawsuit by Dr. Nelson, but he did not feel that the damages are going to be that great. COUNCILMAN HARRY PETERSON asked what the possibilities of getting an injunction to stop the City from moving onto his property which could hold us for months or weeks and MR. MAGNUSON stated that it would be almost impossible for him because he does not know when we will go in there - it mould take him a week to get a hearing and if we could be done within a week, it wot d be all over. MR. ELLIOTT stated that lift station would take that long, but the pipe laying minimal and the structure on the shoreline would take about two weeks. r •r: s s • • • • 1 • • • November 5, 1980 271' • Ms 1 •d MAYOR JUNKER was concerned about access to maintain it - if he replaces the fence, then we can go through there again and MR. MAGNUSON stated that they could take the fence down each time. COUNCILMAN ROGER PETERSON asked Mr. Moore which was the best way to complete this project and MR. MOORE felt from an engineer's standpoint the best way was to through Dr. Nelson's property. MAYOR JUNKER was concerned about the location of the pumping station and the portion that could be seen by Dr. Nelson and MR. ELLIOTT felt that there should be some plantings sound it. MR. MAGNUSON stated that the Council has to look at which will cost the least and the one that will cost the least headaches. COUNCILMAN ROGER PETERSON asked if the City has a legitimate reason or right to go in on that easement that we already have to construct this project and MR. MAGNUSON stated that he has looked at the law and has researched it and what the easement soya is to mainmin storm sewer outlets and what we would be doing is constructing - the easement does not say to construct and maintain- there is a possibility of a lawsuit - even though we lose it our losses will be damages to the Nelson property or to the value of the Nelson property and that they will be minimal in comparison to the cost of jogging it around. MR. MAGNUSON stated that the damages would be the difference between the value of the property encumbered by a storm sewer already and the value after this construc- tion - another one put in there and if they find that we are actually trespassing - it is very unlikely that they would - you have the permission to maintain structures - then there would be a penalty of some kind that could be assessed. MR. ELLIOTT asked if a judge would take into account that the doctor and others around the lake are not paying anything for the improvement and there is a vast improvement to the lake by virtue of the properties abutting the lake - is that a factor at all in this whole situation. MR. MAGNUSON felt that it does, especially when it comes to assessing a penalty if the City would have to take and that is what the penalty would be. MAYOR JUNKER asked if it would be permissable for the City to ask Dr. Nelson for the harrassment that we offer him $1,000 or $1,500 to pay this to him immediately to let us finish this job - he is happy and we are happy. MR. MAGNUSON stated that it would be real smart because it is going to cost money and time to do either no matter which way we go - you can promise him that you will plant the shrubs and he might want some dredging done and maybe he would be reason- able about this. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council authorized the Consulting Engineer and the City Attorney and the City Finance Officer to offer Dr. Nelson a sum not to exceed $1,500 to allow the City to install the pipe and assure him that we will make what plantings are necessary to cover the structure and do some dredging work at the outlet and that he gives us whatever property is needed to complete the property with no harrassment at that time. (all in favor) 4. MR. ELLIOTT submitted the feasbility study for the water extension Creek's Addition to the Council and explained the two options that for this extension. He suggested that the hearing and the receipt on the same date, but after some discussion it was decided to have and not incur the cost of the final plans for the project - 75% of pedtion for this improvement. Mr. Gould is going to have to know to have to put in a well or if the watermain will go in. for the Brown are available of the bids be only the hearing them did not if he is going On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "SETTING THE DATE FOR THE PUBLIC HEARING ON LOCAL IMPROVEMENT NO. 187 FOR DECEMBER 2, 1980 AT 7:30 P. M. FOR THE WATERMAIN IMPROVEMENT FOR THE BROWN CREEK'S HEIGHTS ADDITION ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Dunker NAYS - -None (see resolutions) 5. MR. ELLIOTT informed the Council about the sewer service to be extended to the Kinder Care building and he stated that as a part of the building permit they should be required to extend the sewer in a plan that he has prepared for this site and the Council has been in agreement with this plan so that there will not be a problem in the future. • • • • c 7 • (72 • November 5, 1980 MR. MAGNUSON informed the Council that Brooks Hauser have filed an•eppeal on the assessment for the watermain extension under Local Improvement No. 173 and he felt that the Council should make it clear about the water extensions across this property and they should be informed of this now. MR. ELLIOTT stated that the Water Department has already informed the owners that they are required to connect to the main even though it is on the east side of County Five. COMMITTEE REPORTS PUBLIC WORKS 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodiovick, a resolution was introduced "AUTHORIZING THE INSTALLATION OF A STOP SIGN AT THE INTERSECTION OF PARKWOOD LANE AND WILDPINES LANE" (Parkwood Lane to be stopped going to the south) AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) PUBLIC SAFETY 1. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council authorized the attendance of the Juvenile Officer, Klosowsky and a City fireman to the Arson Firefighter School at the University of Minnesota at $20.00 each plus transportation. (all in favor) 2. Chief Abrahamson informed the Council that the Fire Deparjment will be giving four applicants an exam this coming week for the replacement for David Colombo. 3. There was discussion about downtown parking problems and it was the recommendation of the Public Safety Committee to hire a Community Service Officer for the downtown area on a trial basis at $750 per month for three months for eight hours per day - direct traffic at Reeds - watch the parking lots - double parking for the unloading of beer trucks and other loading on Water Street. This could bring about $100 -$150 per day on enforcement. On motion of Councilman Powell, seconded by Councilman Harry Peterson, the Council authorized the hiring of a meter person on a temporary basis to correct some of the situations that we have in downtown at a salary of $750.00 per month. AYES -- Councilmen Harry Peterson, and Powell and Mayor Junker NAYS -- Councilwoman Bodiovick, and Councilman Roger Peterson (motion carried) On motion of Councilman Harry Peterson, seconded by Councilman Powell, that the hiring of a meter person take place as soon thereafter November 15, 190 and terminate March 1, 1981. AYES -- Councilmen Harry Peterson and Powell and Mayor Junker Nays -- Councilwoman Bodiovick, and Councilman Roger Peterson (motion carried) 4. On motion of Councilman Harry Peterson, seconded by Councilman Powell, a resolution was introduced "CHANGING THE LOADING ZONE SIGN ON THE WEST SIDE OF SOUTH THIRD STREET, JUST SOUTH OF MYRTLE STREET,TO THE EAST SIDE OF THIRD STREET BY THE LEGION CLUB ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) CITY ATTORNEY'S REPORT 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodiovick, the Council authorized the Mayor and the City Clerk to sign the easement for the Charter Oaks Development in compliance with the Joint Powers Agreement. (all in favor) 2. MR. MAGNUSON presented to the Finance Director the signed Escrow Agreement for the payment of the assessments in the amount of $65,000. (Charter Oaks) 3. MR. MAGNUSON informed the Council that last week he received back from Judge Tomljanovich an order of a mandate of appeal Ion the Zantigo /Warehouse Market /Crown Auto property and she remanded for the Municipal Board for further consideration because that they proceeded on the wrong theory of loss and he felt that it was just a technical matter and that the Municipal Board will reaffirm it and take that additional land out there. MIN it !`1 0 s • • • • c • November 5, 1980 enN 4. MR. MAGNUSON informed the Council on the Lease with the Railroad for the Mulberry Point property - the lease does not provide that there be any obligation on the railroad to maintain it - there is really no part of the City to maintain it - he felt that the Council could require that the sub - leasor (Mullers) make those repairs - he felt that the Council would have to wait until the next negotiated period - either raise the rent or insert that condition in the lease - it is not in there now and thought that it was renewable yearly. There was discussion about the issuance of yearly permits for the putting of boats into the water in that area and the City Attorney will study the lease and recommend some changes in the new lease. MISCELLANEOUS 1. COUNCILWOMAN BODLOVICK AND COUNCILMAN HARRY PETERSON brought to the attention of the Council some matters which are under consideration by the Joint Powers Commission. One was a small portion of the Hauge property for the Immo Nuclear Laboratory Swagers gave them a design on some townhouses behind Somerset Systems and there has been no approval and they are looking at that very carefully. 2. COUNCILMAN HARRY PETERSON broughtup the matter of no lighting at the South Main Street parking lot and it was his understanding that there would be some temporary lighting put up there and this matter would be checked out by Mr. Elliott. 3. COUNCILWOMAN BODLOVICK brought up the matter of the Northland Pond and Mayor Junker stated that Mr. Kriegel will send a letter to these parties (Mr. Swanson and Mr. Matton). ORDINANCES First Reading - House Moving Ordinance RESOLUTIONS The following resolutions were read and on roll call were adopted: 1. Directing the Payment of the Bills. 2. Designating Fire Lanes at the Birchwood Apartment Parking Lot 3. Approving the Plans for the Main Street Project (State Project) 4. Employ Arena Concession Help - Kronschnabel 5. Revenue Bonds for the Johnson Golf Course Hearing (Councilwoman Bodlovick opposed) 6. Hearing for the Brown Creek Heights Development - Local Improvement No. 187 7. Authorizing Stop Sign - Parkwood Lane and Wildpines Lane 8. Loading Zone on South Third Street. ADJOURNMENT On motion of Councilman Powell, seconded by Councilman Roger Peterson, the meeting adjourned at 10:10 P. M. Attest: .,U.... _ .e ,S / - +22 ` - � City Clerk Mayor 273 • 0 • • • a