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HomeMy WebLinkAbout1980-12-02 CC MIN• • • 286 COUNCIL CHAMBER Stillwater, Minnesota December 2, 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 Also: Finance Director /Coordinator, Xriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Publis Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineers, Elliott and Moore; Building Official, Zepper Present: Councilwoman Bodlovick, Councilmen Harry Peterson, Powell and Mayor Junker Absent: Councilman Roger Peterson Press: Citizens: INDIVIDUALS AND DELEGATIONS None Stillwater Evening Gazette, Liberty Free Press - Julie Edstrom WAVN - None St. Paul Dispatch - Broede Art Palmer, Don Raleigh, Carl Dale, Warren Rose, David Johnson, Mr. & Mrs. John Smith, Barbara Avise, Brad MacDonald, Bruce Folz, Mr. & Mrs. John Clarey John Rheinberger, Al Borsheim, Wayne Johanson, Mr.& Mrs. Rickard Perry, James Lentz, Mr. & Mrs. James Dallager, (Total of about 75 people in attendance) PETITIONS From the Spirit of St. Croix and Immuno Nuclear Corporation requesting orderly annexation of the Hague Property. DAVID MAGNUSON stated that he had reviewed the petmicnand also the accompanying resolution and as far as he was conc'rned it was in order - this for the entire 15 acres of the Hauge property and he felt that it was good city government that we have this annexed so that we can collect some of the assessments on it which have been deferred for a long time AL BORSHEIM, Stillwater Township, stated that the Township would object to the annexation of that property by resolution - it is in the Orderly Annexation area and until the appeal is decided on the Johnson Annexation we'll object to any automatic annexations at this time. DAVID MAGNUSON felt that the provision of the Orderly Annexation Agreement that provides that the Township will not object is probably still binding - it is possible that the Court would say that it isn't and it seemed to him that the Town- ship would be prohibited from objecting - that would be his opinion at the present time - he did not think that the Municipal Board would entertain their objection nor schedule a hearing on it - it seemed to him that they would annex it without a hearing. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, a resolution was introduced "REQUESTING ANNEXATION OF CERTAIN LAND IN THE CITY OF STILLWATER PURSUANT TO THE JOINT RESOLUTION OF THE CITY AND TOWN OF STILLWATER AS TO ORDERLY ANNEXATION DATED AUGUST 20, 1975 ". ( Hauge Property) AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Powell and Mayor Junker NAYS - -None (see resolutions PUBLIC HEARING - -- -This is the day and time for the public nearing on Case No. 375 - PUD for the Oak Glen Development. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on November 21, 1980 and copies were mailed to all property owners within 350 feet. The Mayor opened the hearing. • Ira • r • 0 • • • 1 • • • • • "'h December 2, 1980 BRUCE FOLZ explained the general concepts of this development and the boundaries ens to the various directions and the fee owners of the property. This development will entail single family residential housing, some multiple housing, two golf courses. There are 22 acres of multiple family housing (4 to 5 per acre town- houses) which will be along McKusick Lake Road. The remainder of the property would be 370 single family homes and the average lot sizes range between 16,000 and 18,000 square feet. There are single family lots surrounding the border of the entire golf course. There will be a club house and restaurant in the center of the 18 hole golf course. The streets proposed to be constructed would be 32 foot wide streets, bituminous surfacing and concrete curb there are two cul -de -sacs that exceed the 600 code requirement for length and they are asking for variances that are in the southwest corner - the reason for the two variances and the excess length is that the terain in that area is extremely steep and it becomes an impracticable matter to connect these cul -de -sacs with a street without getting excessive street grades. There has been an Evnvironmental Assessment Worksheet prepared and Mr. Moore will review that with the Council this evening. The erosion control plans and the grading plans will be constructed and that will be a part of the construction plan - the construction plans for the sewer and water and public utilities will be prepared by the City of Stillwater - there are two pedestrian walkways in the area - one connects the end of the one cul -de -sac with the main street so that there will be a pedestrian access for walking - there is another walkway connecting two other streets (which he indicated on the map). They are proposing the construction of all of the improvements in 1981 - they will construct all of the streets, golf courses, etc. The park and open space dedication - the ordinance requires 157, of the land to be dedicated for parks and open space - the ordinance also allows 50% or one -half of the total 15% to be taken care of in private open space, so they have 157 acres of golf course which is private open space and the club house and the two M4 Outlots for storm water area - that comprises way over the 50% requirement - half of the 15% would be taken care of in those areas. The balance of the land they " will dedicate Outlots B which is a small area along Stonebridge Trail which can be used for ponding and Outlot C of about 55 acres. Those are wetland areas subject to flooding - they do have some open, space value - they could be used for passive or active recreation in the winter time when the ground is frozen - they are not active recreation areas in the summer. Those would be donated and dedicated to the public and be retained as open sapce. Out of the total tract of 464 acres there are 413 acres of high dry ground - based on the 71% requirement it would be required that Mr. Johnson dedicate 30.98 acres of public open space land area based on the ordinance and they would ask that some credit be given for Outlots D and E and some consideration given to the vast amount of private open space which is way over and above the 30 acre requirement. Mr. Johnson is prepared to offer the City $50,000 in cash for the balance of the park dedication requirement. The plan was reviewed in January by Carl Dale as the Planning Consultant for the City of Stillwater and he made four to five different recommendations - those recommendations have to do with long range access onto to Neal Avenue, pedestrian walkways, park dedication and several other items. The recommendations that he made have been incorporated into the revised plan. RICKARD PERRY, 8031 Neal Avenue North, asked what is going to happen to Neal Avenue on the southwest corner and MR. FOLZ replied that the proposal right now is 150 lots in this corner and they are proposing what is called Eagle Ridge Trail will be a cul -de -sac road on a temporary basis - that traffic will never get out on Neal Avenue - this is about 10,000 feet of roadway in this area. The plan for development and completion is a ten year plan and you are not going to see 150 houses developed in one swope - there is a proposal for future connection when the developer proposes to develop this land, there will be a road connection to Bout - well - he could not make a commitment as to when this would happen - can't build all of the roads at one time - have to have som eplanning and a plan for the con- tinuation of the streets within the plan. MR. PERRY asked who would maintain Neal Avenue during construction and MR. FOLZ replied by the contractor working on the project - the City of Stillwater will do this work under a contract and Mr. Johnson will have a Development Agreement on all of the construction work. p r� 287 MR.PERRY questioned the upgrading of the portion of Neal Avenue within the Town- ship and MR. FOLZ stated that the City will make that decision - the engineer will do a feasibility study on the whole area and he will make a determination what the traffic needs are and make a decision on the type of road and when it has to be built - the City Council will make the decision as to who will pay for these improvements. MR. PERRY stated that as he understands it, the City of Stillwater cannot assess the township property and MR. MGANUSON stated that the City of Stillwater can make no determination on what the Township does with this road - that is something that they will have to talk to the Town Board about. If they want to improve the road, they have to make a decision about who pays for that. MR. PERRY felt that the City is the one that will be dumping the traffic on the road and they do not need it - they are more than happy with the road being the way it is - they are not putting the traffic on the road - it is enough inconvenience no for them to have 150 lots in that corner. 9 • 0f • December 2, 1980 to responsi- bilityOthatt�vtheaCityihass to determines a what improvements aremade Township withptheY feaaibilitytstudydwhich will be roads besupplied by the FOLZ stated that will come engineer. MR. PERRY felt that we are putting the cart before the horse, but MR. FOLZ replied that until they get Concept approval the engineer has nothing to work with to make his study, and there will be public hearings on the plat approval and on the improvements and anybody that will be potentially assessed will have to be notified of these hearings. The City has not ordered the improvements to be put in - that might not be the only solution to it. JIM LENTZ, 979 Neal Avenue North, he could not understand how the City can make any determination or anything on a Township road - if the residents on that road don't want to improve it - if close that road, they could feasibly a t lyclosethatoroad, and the Township Township close notified of this meeting. MR. FOLZ stated that public government is required to provide access to property and the Township is not a fee owner of property. DON RALEIGH, attorney for the developer, stated that one of the options that the City Council has if the City Engineer says that is too much traffic for that unimproved road and it has to be improved, they can order it improved and they can do it - they can't assess the Town land - they could conceivably assess Mr. Johnson or take it out of some other funds available to the City. Another option the City Engineer has is that he can say that the road has to come out in another location. NR. & MRS. PERRY stated that there are five and all that road can handle - it is very apparent to be upgraded and they are not going to pay that cost - they don't want it upgraded - it is fine for the five that are there now. DON RALEIGH stated that the City Council's only authority is to pay for it them- selves or assess it to someone within the City. r "no and MR. PERRY thatthat acost part of hthecrecordsandassess MR. was assured that it is on the tape. MR. RALEIGH stated that it is going to cost many thousands of dollars to do the engineering study on that road and the developer has to pay for that and he is not going to pay for that unless he has his general concept approval - the general concept approval leaves room for making whatever adjustments later turn out to be necessary after the City Council has reviewed the engineering studies and if they deterile that it is impossible to develop that southwest corner they agree to delete that studies until hetknowssthatnthelbasic conceptoisp money approved. on the WAYNE JOHANSON, Stillwater Township Board, asked if that study will take in Boutwell Road once you get off of Neal because that is the next location on where the traffic is down to County 12 - will one it is a narrow road. MR. MOORE stated that they will study the entire traffic pattern for the whole PhD and any connections that it now makes or would make or potentially could make to any other roadways within the area. MR. JOHANSON asked if they have some type of formulas to say which directions that 15 MOORE share of the do have formulas - the County traffic eng ineering department and it is done by predicting trips per day for certain segments - look at traffic patterns as they now exist and what possibly could exist in the future - the major routes and feeders into that route and what the traffic collection would be at that point where it connects with the existing roads or highways. MR. JOHNSON asked if they were aware also at the intersection of County 12 and Bout - well Road that that is a fairly dangerous intersection because of the hill there and MR. MOORE indicated that they are aware of this. AL BORSHEIM, Stillwater Township Board, asked what they have done to solve the inter- section problem of McKusick Road and Neal Avenue and MR. FOLZ replied that as far as the street design they have done nothing and that will be a function of the City Engineer. With regard to McKusick Road several things have to be resolved first on the location and the depth of the sanitary sewer and once that study is made to decide if the sanitary sewer goes into McKusick Road they will totally destroy the (continued on page 289) A iW !1 i W1 1 • • 0 s • • 1 1 fl • • • December 2, 1980 existing road and they have to rebuild it to another road type - if they put the sanitary sewer outside of McKusick Road, they would leave the existing ® road there in its present location the way it is presently built, if it is adequate, but he did not know the answer to that - McKusick Road area is part of the County Road system and the County Highway Department will have control of that. The City Engineer and the County Engineer are going to have to come to an agreement on this and it is up to them to make that study and come to an agreement - then for the City Council to make a decision on what they want to do with it. Chuck Swanson has reviewed this and they had talked to him about access roads onto the County Road system and he does not have anything in writing because they have not officially reviewed it and gotten back with written comments - he has their word that they have reviewed it and they hay., said that there is no problem there - he has not sent anything into the State, but he has talked to the State Highway Department about those access points and there is no access control - the visibility of the intersections at both of these locations is good - based on their policy they should have no reason to object to them. Part of this whole process is that you get some approval before you start all of these wheels into motion - if the City of Stillwater does not agree with this concept it doesn't make much sense to submit this to the State or the County - they can't go any further, so after tonite if concept approval is given, they start the process for the other reviews and other reviews and other people getting involved in it - if they come back after tonite's hearing and we don't like this whole concept or we don't like what you are doing and totally change it, they are going to have to start over again - the step is the preliminary plat will be submitted to the State, the DNR, County and all other agencies. MR. PERRY asked what happens after this public hearing and MAYOR JUNKER stated that they will come in with a preliminary plan of the plat for approval at that time w• and it has to go then to the State and the County for their approval and then the City has to approve it. WAYNE JOHANSON asked if the EAW has been covered and Stillwater Township get a copy of that EAW and MR. FOLZ stated that all adjoining communities are on the distribution list so they will receive a copy of this. MR. JOHANSON asked if this report will be covered this evening and MR.MOORE stated that basically the EAW addresses itself to the environmental conditions and criteria and that is certain criteria that has to be met - it is a lengthy statement :ith maps and preliminary plat, etc. - the City has to submit 45 copies to the State so each community adjoining the area will automatically be notified and given a copy - there is 30 day period for review of this and then returning any comments that the municipality or community or township may have. Their firm made contact with the DNRand he does have a permit to work in public waters - the DNR has made certain stipulations on Browns Creek primarily that it be protected and provided for in the EAW - also would be comprised of as an integral part of their feasibility study - there are ponding areas that will be maintained within the development which would provide for storm water ponding - to provide siltation based on some basins, etc. so that there will be silting in the creek. He did review the preliminary street grades with Mr. Folz and they find that they are generally meeting the zoning standards of the City of Stillwater and they feel that because of the terrain and topography that Mr. Folz's concept is a good utilization of the plan itself. The Coundil has not authorized the feasibility study yet, so they have not gone very far into it. COUNCILWOMAN BODLOVICK asked about the portion of Neal Avenue that was annexed to the City of Stillwater and MR. MAGNUSON stated that part of Neal Avenue that abuts the annexed property or the Johnson property - entire right -of -way that abuts it. COUNCILWOMAN BODLOVICK asked what happens when it comes time to develop Neal Avenue - improve part of it and the leave the balance sub - standard and make it accessible and in good taste - can't develop 66 feet and then leave a gravel small driveway for the rest of the road. MR. RALEIGH stated that it can be done at any time that the Township is willing to cooperat to cove the problem - you can upgrade the road - if that is necessary. COUNCILWOMAN BODLOVICR stated let's take the assumption that the Township wants no development or are not interested in developing the rest of Neal Avenue - we can't put a defelopment of this quality with that amount of homes out on the present Neal Avenue. MR. RALEIGH stated that she was prejudging the issue and the engineer will determine whether you can or can't and if you can't, the options are to either find another way out or reduce the traffic and they are going to have to make their recommenda- tions - they are going to have to find an answer to that problem - let the engineers do that. They feel that the proper way do it is - if everybody is concerned about municipal planning and maintaining desirable standards that the Town and the City upgrade the road up to whatever it has to be and if it can't be done that way, they will have to design the plat to meet the engineer's requirements. • 289 • • I • 290 • December 2, 1980 MAYOR JUNKER stated that it is possible that the Township will develop the land beyond Neal Avenue and they will have to use that road too- they may have to have up the 160 cost too of the street a- the are fill years down the line. MR. LENTZ stated that if you don't upgrade it in the next five or six years. then you have construction traffic going past his home and the road can barely handle the aubotmobiles - you will be bringing big trucks through there for five or six years. yearrs ,JtthenRthereewouldtbefnotsense in doing - upgrading within the next five on a road. MR. LENTZ stated there is no need to upgrade the road with the present traffic for the residents that live on the road but in order to handle the amount of traffic has t to e be s improved and have heifelt there that they make ll have to have get the road there, improvedthat the and pay for it. MAYOR JUNKER stated that was not true - when the time comes that the road needs to be improved and it is the City's share of the cost to improve it, we are going to do that -Mr. Johnson has to pay for it and we are going to make sure that it is improved so that the traffic can be handled from the area inside of Stillwater - if you are there and share in it, you are going to put sewer and water there and the sewers are not going to last forever out there. Several of the residents of Stillwater Township disagreed with this and MAYOR JUNKER stated that some day the Metro Sewer Board is going to tell us that we are going to sewer it all - none of us like this but we will have to do it - we are not trying to stick you with 300 cars per day on Neal Avenue - if it needs upgrading, we will plow it - we will grade it - if it needs upgrading, we are going to do it and if the Council feels that the Township should not pay for it because there are only five living there, we will take care of the cost of upgrading - we are not trying to stick you with a "mudhole ". If Mr. Johnson sticks 150 homes in there within two years, we will upgrade Neal avenue and Mr. Johnson and the City of Stillwater will pay for it. COUNCILMAN POWELL asked if the part of Neal Avenue that is required to be used for construction traffic - if that needs to be constructed to handle that, that portion is all within the City of Stillwater and they would have to do that themselves - would they object as Ann suggested that may be we should not do just a part of it and let the rest of it go, but he thought that frankly if it requires upgrading to handle the traffic that would be the City s responsibility and we should do that and we would have to determine how we were going to pay for it without involving the Township - he could not see paving all of Neal Avenue so that a portion of it can be used for con- struction traff' -c - it is better to have it in good shape so that it can be done. MR. LENTZ stated that there is no question that Neal Avenue will have to be upgraded to handle construction traffic or any other kind of traffic to this degree. AKTHY DALLIGER, 8246 Stonebridge Trail, asked about the sewer system and asked if this would be coming from the back. MR. FOLZ stated that they will have sanitary sewer in Amundson Drive and it should be enough to serve a lot of this property - either directly by their property or further to the south and fel that the Engineer will provide for this whole area in his study for sanitary sewers. If they request this, it is possible that this could be included in the study even though they are in the Township, there could be sizing that would allow for that property. AL BORSHEIM explained that the City only has the travelled portion and the ditches for the portion of Neal Avenue that abuts the Johnson property, and it is a meets and bounds description. COUNCILMAN HARRY PETERSON stated that he is fully conversing with the desire of the developer to get on with this project and get things moving - there are time limits and desirable proifts to be gained by getting with this project early this next year - we have one of the largest projects ever composed here before us - it is not to be taken lightly - one thing that bothers him is when we talk about granting concept approval to a Planned Unit Development - we are starting out with somewhat of an approval of the overall program and once we grant concept approval, we are encouraging the developer to start putting his money into the studies and if somewhere down the line there is a decision to not approve the furtherance of the plan, then he felt that the City subjects themselves to the possible damage claim to the developer - we are not talking about the final approval, but the concept approve. Another consideration that the City has to have before them - tonite he came here and found a fifteen page explanation that he has not had a chance to read, although he generally understands what the program is about - he has a report from SEH and the Carl Dale report and (continued on page 291) RI 4 I w 0 • • • • 1 s • • he is expected to vote on the concept approval request without even having access to this material and study it and the third angle that he emphasized that as we get into this program and granting any approval that they should not ignore the fact that two members of the Council will be leaving and two new members of the Council who will live with the project for a number of years will be coming onto the Council and he felt that it was wrong that they take any advance or steps at this time not considering the voting rights of those new members that are going to have to deal with the overall project - his motion at this time is that the public hearing be recessed to the first meeting in January - not close the hearing - recess it and continue it at that time to the first meeting in January or the second meeting depending upon the Mayor's wishes and the reason for requesting or making that motion is that under our PUD Ordinance the City apparently has to make a decision on this project within 30 days of the close of the public hearing - if we act tonite we will have to make a decision no later than the next Council meeting or maybe the next meeting in December - he felt that this is too big a project to move on it at this particular time - renewed the motion that the public hearing be continued to the first meeting in January at which time new Council members will be in place MAYOR ing closed and e MR. it was he to made make without motion. hearing COUNCILMAN POWELL asked Mr. Raleigh how seriously that affects the plans and MR. RALEIGH stated that it affects it very seriously in terms of time - they have a time chart which was made out with the City Engineer - it is the starting of all We of the projects - the Concept Plan is critical from the Developer's viewpoint because of the cost involved - he agreed with Mr. Peterson that it is a serious step to take - the Council is making a general commitment to the project and they feel that is necessary before they start the engineering studies, the feasibility studies in order to be assured that money is not wasted. They acknowledged that there are problems that have to be resolved, like the street problem on Neal Avenue and that is within the scope of the Council's approval to change even though they give concept approval - other things are not within your right to change probably once you grant Concept Approval - he felt that the feasibility study is not started soon and the engineer can verify that everything else has to back up as well. In order to get construction done at all this year, they are hoping tonite to have the feasibility report ordered by the engineer so that he could start on this work and et that that g there won lu d waste and d expense t to the developer and d not gbeoco risks covered because of changes in the plan, but he is willing to take that risk, but the Concept Approval without that they really can't go ahead. He understood their concern and there may be changes made in the plan later, but at some point the decisin has to be chance be heard on issues w that b are h critical - he that ttheyw a not table this and proceed with the Concept Approval. COUNCILMAN POWELL asked the engineer about the dates of the feasibility .study which would start in the middle of December and go thru to the first of February - what are we talking about in money as far as the feasibility study is concerned. but DAVID ElliottttRhadlindicated this neighborhood JOHNSON that Mr. gra MR. MOORE stated that their idea of starting the feasibility study in the middle of December - there is a certain amount of preliminary work that has to be done before they can really get involved in this thing and this study and this would allow them some time to do this preliminary work while the EAW is being reviewed - everything hinges on the questions that may come about with the review of the EAW. COUNCILMAN POWELL stated that if their schedule starts with the feasibility report in the middle of December they could probably go ahead and do that and then they would still have two weeks to do that and then a month to do the final report and if they did that much up to the first of January then that is when there will be the meeting with the Council and it is possible then that they could order or approve the Concept Plan and the engineers would not be delayed. MR. MOORE felt that the Council should order the feasibility study before they start - they can't really do any of that work until they have Council authorization - in when the they really to COUNCILMAN POWELL asked if the Council authorized the engineer to proceed with the preliminary work - the ground work that they have to do before they can sit down and figure it out - and the Concept Plan were approved then, if it is important to have the new Council to act on it. 15 I December 2, 1980 291` • • • • • 1 < • December 2, 1980 MR. MOORE stated that they have to make contact with the Highway Department (County and State), assess the Neal Avenue problem - the traffic engineer has done some preliminary work already on traffic volumes and projected volumes on the major routes - there are four major routes into this area - these are things that comprise an integral part of a feasibility study - the cost of the report would not come until after January - by the first of January they would have more information. COUNCILMAN POWELL was questioning if it would be possible to work the program without delaying the project - if we approve the plan in Concept tonite, then the engineer would start on the feasibility (if the Council authorizes it) - if the Council authorized you to begin that without the Concept Approval, assuming that would be done the first meeting in January, would that delay the project in any way. MR. MOORE stated that they would have to base their feasibility study on this concept anyway - they have nothing else to base it on - that is the reason that the developer has to submit his concept first. MR. RALEIGH stated that there are a couple of other factors to consider - the relationship of the Concept Approval to the preliminary plat - he asked Mr. Magnuson if they can have a preliminary plat approval without a concept approval preceding it. MR. MAGNUSON stated that would be impossible - first first step is the Concept Approval. MR. e RALEIGH atveadeclarationy could file the Environmental priortotheConceptApproval A thought they with could- MR. MAGNUSON stated that it the Council were to make a negative declaration it is based upon the plan - the same token if they said to ^o ahead with the feasibility study which has to be based upon the concept plan - so if those actions were taken it would go by implication that the Council is giving approval - it would be difficult for the Council to come back in January after that action has been taken and say that they want an immediate change in the plan. MR. RALEIGH stated that the logic of the thing as he understands it is that the Council give concept approval first and he understood Mr. Peterson's concerns and that the new people should be heard - the property owners have serious financial commitments in this project and he has waited a long time - really this plan has been discussed for two years - there have been in- numberable hearings before the Minnesota Municipal Board and the City so there is concept - they are only asking for Concept Appproval - that the Council agrees with the concept of that land being used for residential purposes in the approximate density and the approximate design setforth in that preliminary plat. COUNCILMAN POWELL asked the City Attorney - what are the Council's privileges after the concept has been granted and the approval has been given - how much can the Council change the plan if they see a need - are they bound that much? MR. MAGNUSON stated that major changes would be difficult to make - minor ones would be simple and it would be up to the Council each time to weigh as to whether or not a change was a major one - it is hard to answer that question in the abstract, except to say that the greater and more significant wide range in the changes that the least likely they would properly be able to make the change. MAYOR JUNRER stated that we are going backwards City years to get this annexed - we gave them 100% approval we got it annexed by the Municipal Board - he did not know how many hours they have spent in the past month meeting with Springsteds - all of our advisors - it has all been preliminarily approved and we sit here Mite and argue about giving Concept Approval and set them back a month - that new council is going to sit here for four more years - they did not make the decision to annex it - they are going to make a lot of decisions when it comes to this and he felt that it was this Council's right right now to make a decision to give the Concept Approval or deny it - just been monkeying around for two years - haven't done a thing and now we are sitting here with the project that was wanted and turn it down. COUNCILMAN POWELL explained that he simply went through the questioning to clarify in his mind and possibly to help somebody else too - he agreed that the Council Suld give them Concept Approval - he simply wanted to find out if they could be given Concept Approval in one month if that would hinder them any - if it is going to hinder, them, he was in favor of giving the Concept Approval tonite as he agreed with the Mayor that we have gone through this for a long time - if it would satisfy anybody and the new council memgers might have a chance to speak their piece without hindering anybody, he would be in favor of that; if it is going to be a detriment to it, he was sure that the Concept Approval would be given anyway. Slaal td 0 • 9 • • mi J • • A• Pr December 2, 1980 COUNCILMAN HARRY PETERSON stated that he would not withdraw his motion because he wants it on the record - (lacking a second it isn't subject to a vote) - you may proceed from there and bring this matter to a head. MAYOR JUNRER for a lack of a second the motion is not carried A CITIZEN, 407 South Street, stated that the Council's term of office does not end on election day and you can't defer every piece of business that comes up between election day and the term of office - he felt that the Council should either vote it up or down. c - if we e wanted them O to make a decision, a we e should have asked for their opinion, but he did not feel that they should - he asked Brad MacDonald if he would be willing to make a suggestion tonite on how they vote and he replied "no" and he asked Barbara Avise and she also replied "no". THE MAYOR CLOSED THE HEARING. COUNCILMAN POWELL Moved that the Council give the project Concept Approval this evening. COUNCILWOMAN BODLOVICK seconded the motion. VOTE ON THE MOTION - Ayes -- Councilwoman Bodlovick, Councilman Powell and Mayor Junker Nays -- Councilman Harry Peterson (motion carried) THE MAYOR DECLARED A RECESS FROM 8:35 TO 8:45 P. M. MR. MOORE explained the details of the Environmental Assessment Worksheet which has to be filed with the Environmental Quality Council and they have thirty days to receive - 464 tractl- this declaration single family units (residential lots) - nine hole golf course - some multiple housing - an eighteen hole golf course, restaurant and liquor lounge - there are permits already secured to work in public waters with the Corps of Engineers and the DNR. It gives brief dscriptions on the soils and topography in the area - any impact on fish and wildlife - the DNR has stipulated protection of Brown's Creek - dredging and filling operations will be accomplbhed in the area - primarily for holding ponds, etc. with maps included. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introduced "AUTHORIZING THE MAYOR TO EXECUTE THE NEGATIVE DECLARATION NOTICE FOR THE EAW" AYES -- Councilwoman Bodlovick, Councilmen Harry PETERSON, Powell and Mayor Dunker NAYS - -None (see resolutions) ----On motion of Councilwoman Bodlovick, seconded by Councilman Powell, a resolution was introduced "ORDERING THE FEASIBILITY STUDY FOR THE OAK GLEN DEVELOPMENT" with the condition that the City has a guarantee that Mr. Johnson would indemnify us for any costs. AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. the Development a C for a for Industrial Revenue Bonds. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on November 13, 1980. (This is for the golf course and the recreation center) The Mayor opened the hearing. No one appeared or spoke in favor or opposed to this bonding. MR. MAGNUSON asked who is acting for bond counsel for the City and he was informed that it was Briggs and Morgan. He asked if they are also acting for the lawyer for the developer on this and he requested that there should be two different firms involved - one for the developer and one for the bonding and Mr. opinion will take care of from matter t gives the City an The Mayor closed the hearing. 293" • • • • 1 294 • December 2, 1980 On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introduced " RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER DOC MATERIALS STATE IN CONNECTIONTWITH AND SAID PROJECT ". (Oak Glen NECESSARY Development Golf Course) AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) UNFINISHED BUSINESS 1. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING SECTION 29.01 OF THE STILLWATER CITY CODE REGULATING THE FIXING AND ESTABLISHING OF SEWER SERVICE CHARGES AND PROVIDING FOR THE COLLECTION THEREOF ". (all in favor) 2. Mr. Farrell indicated that there will be several openings on the Planning Commission and the City Clerk was directed to advertise for any interested citizens that would like to serve on this commission. NEW BUSINESS 1. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, a resolution t " AC NOS. T WORK .AND MAKING FINAL PAYMENT TO TOWER ASPHALT FOR aOCin IoduOed Harry AYES -- Councilwoman Bodlovick, Counc HarrynPeterson, Powell and Mayor Junker NAYS - -None 2. of December u1980 7 :30 P. wasp seconded following Planning the date Planning Commission cases: Case No. 396 - Derrick Land Co. for preliminary Plat Approval of Deerpath Addition Case No. 397 - -Tim Gogerty, 416 West Pine Street for a Special Use Permit for an Upholstery Repair Shop Case No. 398 - Sue Dahlin, 2316 Oakridge Road for a Special Use Permit for a Consignment Shop (all in favor) 3. On motion of Councilman 1981eat, seconded P. 1M. hearing on the date of January 6, on the Preliminary , Plat approval for the Oak Glen Development Project. (all in favor) 4. was motion otiondofed unIil wel Councilman aING Powell, seconded soT OF byECoIncilwoman Bodlovick, a resolution AYES:. Councilwoman Bodlovick, Councilmen Harry Peterson, Powell and Mayor Junker NAYS: None (see resolutions) APPLICATIONS On Contractor's Licenses were approved: (all Councilman allrin Peterson, the favor) Berwald Roofing Co., Inc. 2440 North Charles Street, North St. Paul 55109 Roofing Renewal Carl Bolander & Sons Minnea 2933 Pleasant Ave., P olis 55408 General Renewal Gordon Jackson Masonry & Brick Work Renewal 812 West Abbott St., Stillwater Kaufman Sign Co. Si Erection New 315 Washington Avenue N., Minneapolis 55401 Sign Klund Construction Route No. 3, Hudson 54016 Masonry & Brick Work Renewal Miller Excavating Excavators Renewal 3636 Stagecoach Tr. N., Stillwater R. W. Moelter dba Moelter Construction Co., Inc. 2938 Quant Ave. N., Stillwater Excavators Renewal Mulcahy Drywall 2576 East Seventh Avenue, North St. Paul 55109 Plastering, etc. Renewal (continued on next page) fa $ -1 • • • • • 1 • • n December 2, 1980 Sheridan Enterprises General New - 41st Avenue So., Minneapolis 55406 mm Sterling Fence, Inc. Fencing New 149 West 78th St., Bloomington 55420 g Suburban Lighting, Inc. Sign Erection Renewal 6077 Lake Elmo Ave. N., Stillwater 8 Douglas Wahlquist General Renewal 1007 North Owen Street, Stillwater CITY CLERK'S REPORT 1. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council authorized the Mayor and the City Clerk to sign Change Order No. 1 for Local Improvement No. 188 - Pine Tree Trail Drainage. (all in favor) 2. wasmintroduced Councilman EMPLOYING JOHN WOHLERS seconded AS NI Councilwoman OPERATOR AND BO SKATEGUARD AND ZAMBONI OPERATOR FOR THE LILY LAKE ARENA ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Powell and Mayor Dunker NAYS - -None (see resolutions) COMMUNICATIONS None INDIVIDUALS AND DELEGATIONS - continued ---CARL DALE recommended that from the beginning that the Council process the PUD utilize the experience of other communities and prepare two distinct documents (1) tractual agreements with Mr. David Johnson and any developers involved; (2) with and e landmoverethesyears[t list deal withafuturedlandoo conditions that go owners. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council requested that the City's Planner, Mr. Carl Dale sit in on meetings where his presence is required with regard to the Oak Glen Development. (all in favor) CITY COORDINATOR'S REPORT 1. MR. KRIESEL requested a change in the date for the meeting with AFSCME to January 5, 1981 at 5:00 P. M. as Lori Clayton is unable to meet at the previously scheduled date. 2. MR. KRIESEL scheduled a budget meeting for December 10, 1980 at 5:00 P. M. I4 3. set of December 16, 1980 Bodlovick, at 7:30 1M yforuthelBudgetPowell, Council Hearing. (all in favor) to serve on the WO 4. MR. unityEWaste the andtattendMtheomeetings at g the Stillwater Senior High School on December 4, 1980. 5 the asked Police about the screening and testing of positions. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council directed that the Mayor and the City Coordinator and the Public Safety Director select the board for the review of the cand kites for the vacancies in the police and fire departments. (all in favor) 6. MR. KRIESEL informed the Council as to what he had received regarding tests for these positions and he will continue to make inquiries. IOW kid CONSULTING ENGINEER 1. MR. MOORE updated the Council on the various projects (1) Arcon has completed Industrial Blvd. by the Feely house and have placed gravel on same; (2) they are presently installing utilities on Curve Crest Blvd. - they have the sewer in and the watermain is in and they are working on the water services and they will probably start on the storm sewer on then wrap up the project for the year; 295, e • • t, • 296 December 2, 1980 (3) the lift station was placed today at Lily Lake and the pump will be delivered tomorrow and they are going to put in the gravity sewer out to the lake and start on the structure on Friday and will be pouring the walls on the structure on Mc- Kusick Lake tomorrow - should be finished by the end of the week; the dike construction is completed except for the rip /rap and the seeding will be let go until next year. 2. plans install on the r 8th of December. CBernie contractor's the arena is at John has recommended the roof joists b e City's s and crewlcould thetwork. that Rus toleum could be applied and that th 3. The I/I Project is pretty much on schedule and the manhole recon is underway now- going around and looking at the manholes and determining where to set meters and looking at the general condition of the manholes - metering equipment needs are being inventories at the same time as the other work is being done - they will be installing the meters either in late February or early March and then the metering will be done in March, April and May over an eight week period. Within the year 1981 the I/I Study should be pretty well completed. COMMITTEE REPORTS PUBLIC WORKS 1. Mr. Shelton reported that he received a letter from Peter Letizio, South Fifth Street submitting a bill for $76.95 for plugged up sewer and the Council directed that Mr. cost - him for thisomatter�se him for this will be 2. COUNCILMAN POWELL requested the possibility of having a second shift for the Public Works Department - have one man working in the Street Department from 3:30 until about 11 P. M. to cake care of the emergencies for sanding and other related problems and this would save the cost of call - backs. They will be offered pay of 250 per hour more than normal. Mr. Shelton will check with the department about the feasibility of doing this and also see if anyone in the department would be interested in working this shift. PUBLIC SAFETY 1. The Police Chief was instructed to proceed with the hiring of a Community Service Officer (meter maid) for the 15th of December and that she be interviewed on December 9th at 4:30 P. M. with the possibility of starting employment on December 15th. PARKS AND RECREATION 1. On motion of Councilman Harry Peterson, seconded by Councilman Powell, a resolution was introduced 'EMPLOYING THE ATTENDANTS FOR THE WARMING HOUSES (Tim Sherin, Gary Gramez, Scott Schley and Connie Bartlett)and setting the compensation at $4.00 per hour. AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, PPowelloandiMay) _ Junker NAYS - -None 2. Mr. Blekum reported to the Council that at the Recreation Commission meeting held on November 20th they recommended that the Council have the City Attorney check with Mr. Benson's attorney about the purchase of his property as he has indicated that he is once again willing to sell. On motion of Councilman Harry Peterson, seconded by Councilman Powell, the Council directed that the City Attorney meet with Mr. Benson's attorney, Rod Lawson, to find out what he is willing to sell. (all in favor) 3. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council authorized the City Coordinator to contact the National Park Service to see if they are interested in placing a southern terminal with public access and visitors station for the Wild and Scenic portion of the St. Croix River. (all in favor) 4. another term and l the m City Clerk e w as c directed O to advertise o for possible interested do not wish to serve citizens to fill these vacancies. 5 BLEKUM made Mr. reference to this matter not the unit the with BUILDING OFFICIAL No report / s Fi • a e • • December 2, 1980 CITY ATTORNEY'S REPORT 1. MR. MAGNUSON reported to the Council on the hearing before Judge Thoreen - there is one issue before the Court that was not disposed of when the Arbitrator= corrected his award - to him it is a valid legal issue that he is answering - there is a Minnesota Statute that provides that when an arbitrator makes an award in a public employee's case like this he must give "due consideration to the ability of the local government to raise revenues". if The one limits for the City of Stillwater are fixed at 67. per y credits are added or it comes up to 9.2% per year - that is the maximum money that we can increase per year - the effective increase awarded by the Arbitrator including the cost of hospitalization coverage is 127.. So the argument is how can it be said that the arbitrator paid due consideration to our ability to raise income when he increases the rate beyond our ability to raise money. The point is when the Arbitrator awards 100% of the hospital coverage he is not giving any consideration to it because hospitalization rates could double or triple in a year and our ability to raise the income if fixed at 9.2 %. The briefs have all been submitted and it is now up to the court to make a determination. COUNCIL REQUEST ITEMS 1. COUNCILMAN HARRY PETERSON made reference to the accumulcation of cars on the property across the street from the Post Office and the rLegi ion n C lub - th has been a curb cut and questioned if that had been app y and questioned if this should be allowed. JACK SHELTON stated that the curb is just broken down and the black is just dirt and they have just driven in there and parked there - they are on smm:ne s MR. ABRHAMSON was asked to check on this matter and report back to the Council. else's land. 2. COUNCILMAN t that either Allen would at and measure go e edge of the island to the sidewalk and see if we have sixty fee which was the agreed distance from that walkway - he did not feel that it is sixty feet. 3• COUNCILMAN tandd ��Abrahh staatteeddthatshe had cooperated condition problem Person's was tree compound br ig u P sa P p atio e in hisnyardandshe in and also bhwoog pile the wood behind his house. ORDINANCES First Reading - Sewer Service Rates RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Spirit of St. Oroix Annexation (Hauge Property) 3. Industrial Revenue Bonds for the Johnson Golf Course 4. Final Payment to Tower Asphalt - L. I. No. 167 and 175 5. Authorizing Signing of the RAW Statement 6. DiQeng Development Study for Local Improvement No. 184 Oak 7. Salary Change for John Wohlers and Employ Dean Boraas (Ice Arena) 8. Employ Warming House Attendants. ADJOURNMENT On motion of Councilman Powell, seconded by Councilmen Harry Peterson, the meeting adjourned at 9:40 P. M. Attest: Ci y Clerk Mayor 297 1 • • • •