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HomeMy WebLinkAbout1981-02-03 CC MIN• • 432 COUNCIL CHAMBER Stillwater, Minndsota February 3, 1981 7:30 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker Absent: None, ALSO PRESENT: Press: Citizens: Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation - Blekum; Consulting Engineers, Elliott and Moore; Planning Commission Chairman, Farrell Stillwater Evening Gazette - Regan Free Press - Julie Edstrom St. Paul Dispatch - Broede Betty Herbert, Art Palmer, Rick Nordund, William Powell, Morrie Lamb, Mr. & Mrs. David Horstmann, Mary Jo Boyle, Mr. and Mrs. Sidney Sherrard, Mr. & Mrs. David Jones, Tom Huelsman, Mary Catherine MacDonald, Nancy Kroening, Jack Felix, Gail Stiles, Bruce Folz, Mr. & Mrs. Chuck Hoffman, Mr. & Mrs. Daniel St. Martin, Jim Graham, Mr. & Mrs. John Mulenpoh, Lynn Murphy, Kathy Buck, Wayne Johanson, Don Raleigh;. Mr. & Mrs. Jim Lentz, and other resideflts on Neal Avenue; Representatives from IBM; Tom Cropp, Jim Gannon, Mr. & Mrs. Clarence Johnson; Norman Davis INDIVIWALS AND DELEGATIONS 1. BETTY HERBERT, appeared before the City Council in behalf of Robert H. Schenckel regarding a septic tank permit to build on Tract Z Reistered Land Survey No. 7 on Riverview Drive. This would have to be subject to a satisfactory percolation test - all of the property will be owned by one party - there is the Simpson house on this property with a septic system which will have to be moved in order to provide for the second system and the new home that is proposed to built on Tract Z and Mr. Magnuson stated that this would require two permits. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, that if satisfactory percolation tests are obtained that septic tank permits be issued for two - on -site systems for Tracts Y and Z on the map presented to the City Council. (all in favor) PETITIONS None PUBLIC HEARINGS 1 This was the day and time for the public hearing on the Proposed $800,000 Commercial Development Revenue Bonds - Nelle, Inc. Project. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on January 16, 1981. The Mayor opened the hearing. No one appeared as being opposed to this request - Art Palmer the applicant was in attendance. (continued on page 333) THE MAYOR CLOSED THE HEARING. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, a resolution was introduced " RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, CHAPTER 474. MINNESOTA STATUTES, AS AME`:DED, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES, AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT". r • • • • • • • February 3, 1981 d. AYES -- Councilwoman Bodlovick, Councilmen MadDonald and Peterson and Nayor Junker NAYS - -None Abstained -- Councilwoman Avise (see resolutions) 2. This was the day and time for the public hearing on Case Nc. 403 for a Special Use Permit for Cub Foods, Inc. for a sign painting shop at 215 North William Street. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on January 23, 1981 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. No one appeared in favor or opposed to this request - Mr. William Powell was in attendance in behalf of the petitioner. The Planning Commission approved the request on February 2, 1981. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council granted the Special Use Permit to Cub Foods, Inc. for a sign painting shop at 215 North William Street. (all in favor) 3. This was the day and time for the public hearing on Case No. 399 for a sideyard variance for Morrie Lamb, 1120 South Third Street for a garage. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City of January 16, 1981 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. The Planning Commission approved this request on January 5, 1931. Questions were asked about the relationship of the retaining wall and the location of the garage and also that there be certain required footings if it is to be a garage. No one appeared as being opposed to this request - Mr. Lamb was in attendance and answered questions put to him by the Council. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council granted the three foot sideyard variance for a garage for Morrie Lamb at 1120 South Third Street. (all in favor) 4. This was Cle day and time for the continued public hearing on Case No. 400 for David Horstmann for a Pre - School at 413 South Greeley Street (Felix Store Building) Notices were mailed to all property owners within 300 feet. The Mayor opened the hearing. The Planning Commission approved this request on February 2, 1981. MARY JO BOYLE, 410 South William Street - they have property abutting this property - she and her husband are opposed to it. MR. HORSTMANN presented the drawing of the pre - shcool for the benefit of the Council and the audience. CLARENCE JOHNSON, 412 South Greeley, felt that the area should be left in a residential zoning. He is opposed to the school. SIDNEY SHERRARD, 410 South Greeley, was in favor of the pre - school - he had heard that there are some other businesses that would like to be in there - he felt that the pre - school would be more beneficial to the neighborhood rather than a retail business there. (He presented a paition to the Mayor with some signatures of property owners in the area who are in favor of the school) LOUISE JONES, Mid Oaks Avenue. has a child enrolled in the Valley Montessori and she felt that we need this school and it would be an asset to the community - she knew that the neighbors are concerned about their property values - she spoke to an appraiser who is familiar with the Stillwater area and he stated that even a coat of paint would improve the property value - the appraiser also felt that this type of school would be very appropriate for this particular location - she had (continued on page 334) • 333 . • • • 734 • February 3, 1981 r^' talked to three different people at the County Assessors' office and all three of them indicated that it would not to their knowledge depreciate the property values - there were statements that it could be detrimental to the neighborhood, but she felt with the ten year's experience that the Horstman's have with this school that it should continue at the new location. MRS. BOYLE felt that the people who live in the area should have the firm voice as to what goes in there - she was concerned about the numberous encroaching businesses that are coming up in this area - who knows what else might be coming in - they want it to be a residential area and it should stay that way, - -do not want a commercial business. MRS. JONES stated that this is not Commercial - it is a school - a non - profit educational school and what better place fox a school than in a residential area. when the Stonebridge School went in, it did not affect the property values. TOM HUELSMAN, 401 South Greeley Street, was in opposition to the school and he reminded the Council ghat at the last hearing that he submitted a petition signed by the residents in that area who are opposed to this request. He made reference to the number of cars that are currently being parked on Greeley Street and one of the main reasons for the cars being there is because of the businesses that are located on this street - one is a health service.. nature - another is of a social services nature - there are other non - residential uses and this does change the whole character of the neighborhood and he did not feel that the Council should continue to change the neighborhood from residential to different special uses - he felt that if this is an on -going thing that it would be detrimental to the property values. MARY KATHERINE MAC DONALD. 1006 West Pine Street, stated that it were made resi- dential and the property was not kept up, it could be detrimental to property values and she was in favor of anything educational and according to the literature that they have put out, she was sure that they would improve it and keep it looking nice NANCY KROENING, 616 West Oak Street, which is two blocks from the area and she did not feel that it would be detrimental to the area - the people should remember that they purchased their property after it was already zoned commercial, and this was grandtathered in as confirmed by the City Attorney. GAIL STILES, 407 South Greeley Street, who lives next door -- she is in favor of this school. CYNTHIA MEYERRING, 236 Central Avenue, Bayport, indicated that she has a child enrolled in this shool and would hate to see the valley lose this school and she was in favor of it. STEPHEN KEEFER, 312 Northland Avenue, has a child time and the trend is for this type of school and school and this would make it more permanent than DAVID JONES, Mid Oakes Avenue, stated that we have a home in Stillwater - it is a necessary community owner was pleased to have an offer for his propert enrolled there at the present this would give the City such a it is at the present time. an opportunity to give the school service - he was sure that the y. COUNCILMAN PETERSON asked Mr. Horatmann about the plans for the use of the building and MR. HORSTMANN detailed the hours that the school would be in operation - 80% of the users are from the Stillwater area and the building would not be used for anything other than the pre - school - the only activities other than that would be he and his wife preparing the facilities for the next day. COUNCILWOMAN BODLOVICK, was concerned about the traffic that would be added to this already heavily traveled street, especially the busses in the afternoon hours. COUNCILWOMAN AVIS, cited the traffic figues that were mentioned at the Planning Commission and this would add less than 17, since the parents carpool the kids to the school. THE MAYOR CLOSED THE HEARING. On motion of Councilman Peterson, seconded by Councilwoman Avise, the Council granted the Special Use Permit for the use of the Felix building at 413 South Greeley Street for this Montessori Schoul. AYES -- Councilwoman Avise, Councilmen MacDonald and Peterson NAYS -- Councilwoman Bodlovick (Motion carried) (Mayor Junker did not indicate a vote) A • • • • • 4 February 3, 1981 5. This was the day and time for the public hearing on the Penthouse Acres Plat. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on January 19, 1981 and copies were mailed to all property owners within said plat. The Mayor opened the hearing. BRUCE FOLZ stated that about six months ago when this was presented the discussion pretty much concerned the Outlot in the center - building restrictions - the location and the size of the building - Duane had some concerns about the drainage coming down between Mills lot and Hoffman's lot - all that is trying to be done is to get a record plat with some existing meets and bounds parcels and to get titles on them. They are taking some lands in the back which Tony Leitte presently owns that he does not have access to that he has agreed to sell the people out front. He has agreed to give or sell to Mr. Mills and Mr. Hoffman. He has removed the three lots on the new plat as requested by the City Council- this area is presently unplatted and is owned by Tony Leitte. MR. MOORE stated that one thing that they did recommend was a ten foot wide ease- ment be provided on Lot 7 adjacent to Lot 6 to provide for future drainage so that the catch basins could be in the roadway in that vicinity and the drainage area along this easement to the highway dead -wall down to Trunk Highway 96. (MR. LEITTE WAS OUT OF TOWN AT THIS TIME AND HAD NO ONE REPRESENTING HIM) CHUCK HOFFMAN, 2250 Orwell Avenue, was concerned how Mr. Leitte felt about the property in the circle and waht would happen to it in the future and MR. FOLZ stated that there are only two choices, either plat it or to do back and try to accomplish what the City originally tried to succeed in - straighten out the titles to the parcels and leave this portion unplatted and if Mr. Leitte wants to plat it then he will have to come back to the Council with another plot and go through the hearings, etc. There are at least 12 or 14 parcels that have titles on them and it gets to be a real problem. Mr. Leitte's first reaction was that he wants to get it done and get the whole thing over with and his preference is to get the three lots in the center piece and not have to come back. He stated that he cannot make this decision as he was hired by the City of Stillwater to plat the property to solve the problem and he is not representing Mr. Leitte. MAYOR JUNKER read portions of the letter which Mr. Leitte had sent to the City Council members. JIM GRAHAM, 2276 Orwell Court North, was opposed to having to continue these hear- ings to people who have a covenant saying that no one will build in front of them to obstruct their view - no one will plant trees that will obstruct the view and that the Council is totally ignoring the ordinance relating to parks and the contribution of the developer to that fund in either money or land . . . MR. MAGNUSON stated that the covenants are a civil matter between the owner and Mr. Leitte - if the City Council wanted to approve the plat with the blank parcel in the middle and nest divide into lots, the implication would be that it is a buildable parcel because it would be large enough under the ordinance that would have the frontage - if the Council were to approve the plat and leave the center blank, then he felt that the City would have to impose a covenant on that lot saying that they can't build without a Special Use Permit or some other further permission. As far as the preparation of the plat he felt that at the last meeting which was last spring when the matter was tabled for thirty days - there has been no "monkey- ing around" or haven't been looked at that long and at the meeting it was discussed how the platting would be accomplished - the City Council is not trying to pull the "wool" over their eyes and surprise thr residents with this - it is a difficult problem. JIM GRAHAM reminded the Council that long before last spring they were in here and talked about this same thing and funds were put in escrow five or six years ago to get the plat done - he did not feel that it was their problem solely - the Council continues to make the problem because they won't make up their minds. His warranty deed and Mr. St. Martin have this covenant on their deed - they were aware that vas going to be an "outlot" - it was not in writing, but it was said that this is going to be an outlot and now they are going to have buildings in front of them. They are the only ones that are going to suffer financially as a result of it. MAYOR JUNKER asked Mr. Magnuson to explain what action the Council has to take at this time. MR. MAGNUSON stated that he could advise them what to do, but it would not be their obligation to follow it - the best thing in his view would be to approve the preliminary plat leaving the center as an outlot and this canoe be developed, with some language to that effect because we have to remember in order to have the (continued on page 336) 335\ • • • • 1 • 336 February 3, 1981 plat recorded all the owners are going to have to sign it including Mr. Leitte and he thought that the position of the Council last years was that we would try to arrive ar some plan that would be satisfactory to everyone but Mr. Leitte because they felt that if they had to sue anybody it probably should be him. That is what the Council is going to have to do - bring a legal action against him to compel him to but g it t is thetonlyething not that we can the do. can't just successful just that er t not, it agreement with everyone up except Mr. Leitte. this plan it would be n MRS. DANIEL ST. MARTIN questioned if Mt. Leitte does not have to turn over a designated amount of land according to the law and MR. MAGNUSON stated either 15% of rLe area or 10% of the value of the parcel prior to sub- dividon in cash and this has to be negotiated and this is unusual that this is all developed and he did not know if the property in the center is 15% of the plat. MRS. ST. MARTIN did not care to come here again - she did not want this left open for the covenants so that he could come back and request platting at a later date. MR. MAGNUSON stated that if it is the Council's position that they dont't want to build on that, then the Council must take some action when they approve the pre- liminary plat to designate that either undevelopable or park land, or that he can build on it with some restrictions - some affirmative action has to be taken; otherwise by approving it you give him one buildable parcel - the subdivision of that would need the Councils permission so that the Council would have the right to turn down two parcels - if they are designated as lots they would deem to be builable Council his contribut contribution under thetSub- divis there, ion ordinancefrtaepark should designate area. JACK MULENPOH, 2220 Orwell Court North, does not live on the circle but on the lane adjacent to the circle - he did not feel that it was correct in saying that every- one up there would be in favor of allowing the center poriton to remain as a park, or open land - they are not opposed to it being developed - they are opposed to having it developed as a park because that would mean the solicitation of park activity into that area which would be ridiculous to maintain a park on the top of Penthouse Acres and encourage the flow of people into that area and it would be more of a problem to these people than two or three homes to have a silhouette low enough not to interfere with thtir view of the valley - to him that rea realistic. MR. BLERUM stated that it could be designated as a park and it is strictly a neigh- borhood type park - they would hold a hearing with the Park Commission and the people living there to see what they want in that area and if it is something feasible they would bring it back to the Council for their decision. MR. HOFFMAN was concerned with the drainage problem - everyone except him are satis- fied with the roadway the way it is - he was very concerned what would happen with of a and s it this ecouldtnot it was in thetvery d possibility more neafuture. MR. FOLZ stated that last spring the engineers asked for a fifteen foot drainage utility along the property lines so that they could install the pipe and he has placed that easement on the plat - he felt that the engineer's recommendation would still stand - the other option not to do something with the center - just have it the way it is and have Mr. Leitte come back to the Council on a separate issue and then you have the easement you will just have to determine who is going to pay for the storm water pipe and when will it go in. KAREN HOFFMAN, 2250 Orwell Avenue, asked what parks means - asked if it could be left in a natural state or if there is a legal thing that says how it should be developed or improved. MR. MAGNUSON stated that there is a broad designation that municipal owned park land can be used for general purposes within the discretion of the Council as to each parcel to decide what is appropriate. LYNNE MURPHY lives down hill from this development was concerned with adding three S on concerned area feet of sewer for have to is. setic to pay for and the pumping station for this as well. MS. KATHY BUCK inquired how the covenants can be recorded without filing the plat and MR. MAGNUSON stated that covenants can be imposed in a number of ways - they can be a reservation of the deed and he was sure that is the way that it was done. MAYOR JUNKER asked about the signing of the plat and if those who do not sign would have to be sued to get them to sign and MR. MAGNUSON said that is why nothing has been done - he did not know how to advise the Council and it might be better to let the thing lay - he does not want to hunt up lawsuits, but that is what is going to happen - it will involve a lot of strife . . . • • • • • • February 3, 1981 tes DAVID WARNER, 9100 Orwell Avenue North. asked about the ordinances and the areas that are to be deemed as parks - is there any other property up there that is not currently owned that could be deemed as parks. MR. FOLZ stated not that is accessible - the only other property that Mr. Leitte owns is land on the west. MR. MAGNUSON said that 15% of the area - any of the area that suitable for parks and in lieu of area that a cash contribution can be made - it is not something that we can compel anybody to do except to bring a legal action against them. This is the choice of the Council. There was discussion about forcing Mr. Leitte and others to sign this plat in order to resolve this problem, and just what these people would want in this circle. MR. GRAHAM stated that if they build one, two or three homes in the circle it is going to increase the drainage problems that the Hoffman are already experiencing and MR. FOLZ explained where the present drainage is located on this plat or area. MR. MOORE stated that road is a gravel surface and it has been tipped so that the wager runs from one side across onto to Mr. Hoffman's property - it is suppose to run down his lot line - the roadway could be graded so that the water would run back to the now platted drainage easement between Lots 6 and 7 - in order to do it properly there should be two catch basins on either side and then piped across the roadway and into the highway drainage. There were questions asked about who would and who would not sign the plat and whether or not the City wants to sue to get the necessary signatures, and what should be put in this circle. There were questions as to who would pay for these drainage improvements as Mr. Leitte had refused to pay for them in the past. Mr. Mulenpoh indicated that he does not want this area as a park and does not want a public park here; this is not the proper use of that land in that area. MR. MAGNUSON stated that the reason to sue is to compel somebody to sign his signature and if somebody does not want to do that - the only way you can if the judge or the court orders that they do it - to do that it takes legal action. He did not know if we are only picking on one person or not - there could be more than one. MR. FOLZ stated that Mr. Leitte doesn't have the problem on title because he does not have a mortgage as the other people do - when these people try to sell their houses, they will find out the problems that they have since this is not platted. The solution to the problem to solve the property owners problems and not Mr. Leitte's. He did not feel that the City could deny Mr. Leitte a building permit to build one house in the circle in accordance with the ordinance. This is all a litle /deed problem. The question was raised as to whether or not this could be designated as "unbuild- able outlot A" and MR. MAGNUSON stated that you could call it anything you want - if it is owned by the City as park purposes, it is within the discretion of the City Council to use it as they see fit - there is a likelihood that nothing would happen there and you have to have a certain amount of faith in your elected representatives as they don't want to do anything with the park that is going to upset all of the neighbors and this is traditional with City Councils. There was discussion about putting restrictions on controlled use of this park area and it would create a precedent. THE MAYOR CLOSED THE HEARING. COUNCILWOMAN BODLOVICR moved that the City accept the plat with the center 15 %, if that is what it is, as just plain dedicated to the City as public use (the City owns it). COUNCILMAN MAC DONALD seconded the motion. VOTE ON THE MOTION -- Ayes -- Councilwomen Avise and Bodlovick and Councilman MacDonald Nays -- Councilman Harry Peterson and Mayor Junker (motion carried) On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, Mr. Folz was instructed to prepare the final plat and the City Attorney was instructed to take care of whatever is necessary to get the plat signed and search out the title (full names and title status) of all owners and mortgage companies. (all in favor) THE MAYOR DECLARED A RECESS FROM 8:55 to 9:05 P. M. 337 • • / • • • X 338 February 3. 1981 INDIVIDUALS AND DELEGATIONS (continued) MR. RICK NORDLUND appeared before the Council regarding the final bond resolution for the Kinder Care Facility. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald a resolution was introduced "BOND RESOLUTION - KINDER CARE FACILITY ". AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) PUBLIC HEARINGS - continued 6. This was the day and time for the continued public hearing on the Oak Glen Develop- ment. BRUCE FOLZ detailed the changes that were contained in the letter from Washington County dated January 28, 1981 and his response of February 2, 1981 and the revised preliminary plat map in the filed dated February 2, 1981, Map No. 102. MR. ELLIOTT distributed to the Council his memorandum of response to various communi- cations MDOT, Washington County Highway Department, DNR, Stillwater Township, Minnesota Historical Society and Trout Unlimited (See letter dated 2 -3 -81) MS. KATHY BUCK read Stillwater Township's "Memorandum of Understanding" and her accompanying letter at this time. MEMORANDUM OF UNDERSTANDING 1. The City would require that the developer blacktop at his own expense that portion of Neal Avenue south of the Oak Glen land to Boutwell Road. The City will maintain that portion of Neal Avenue that is so blacktopped thereafter with- out expense to the Township or Township residents. The cost of upgrading, black - topping and maintaining this roadway will be born solely by the developer and the City and will not be assessed against Township property now or at the time that any Township property becomes City property by future annexation. If any of the property owners abutting Neal Avenue (or Boutwell Road, if applicable) should petition for annexation or extension of improvements into unannexed areas, such property could be assessed for benefit received from improve- ments already in place consisting of sewer, storm sewer and water main, but excluding rosdway improvements. Any properties that are annexed to the City involuntarily_ shall not be assessed for any such improvement until they petition the City for resubdivision, and then they may be assessed for sewer, storm sewer and water main, but not roadway improvements. 2. An alternative access to the southwest portion of the Oak Glen development would be required based on need as determined by the City's consulting engineer and should be based on a formula agreed to prior to final plat approval by both the City Council and Town Board. The Township agrees to coop,rate with the City in obtaining any easements or right of ways needed by the City for an alternative access through the Lecuyer property and in assessing abutting properties for benefit received for related improvements. The City would continue to consult with their engineer along with the Township and County to try to avoid traffic problems, if any, that may be created by the Oak Glen development. 3. In order to protect the property owners who may wish to develop land where an alternative access if feasible and in order to facilitate an agreement with said owners (such as Mr. Lecuyer) that may be needed for future street, sewer, storm sewer, water mains and other improvements a road and facilities plan should be developed and approved by the City and Township. 4. The City will have their consulting engineer study the intersection of Boutwell Road and County Highway 12 and the intersection of Neal Avenue and McKusick (County 64) and make recommendations to the County for resolution of traffic problems, if any, related to these intersections. The City would also continue to monitor traffic flows and conditions of Neal and Boutwell Road. MR. MAGNUSON felt that Point No. 1 of Kathy's Memorandum of Understanding is much different in significance than Nile's Point 1. It should be made clear that if the Council does disagree with her statement of that understanding - make that clear on the records. Nile's proposal was that there be no assessments for the blacktopping and maintenance, however, any of the property owners abutting Neal Avenue or Boutwell Road petition for annexation, improvements or re- subdivision, abutting properties would be assessed for benefits received by any improvements, including but limited to streets, sewer, storm sewer and watermain. In Kathy's it says there will be no assessment for streets, but there is an additional pro- vision relater to property that is annexed without the consent of the property owner - he did not feel that is a contingency that is very remote because he felt that the City probably is going to be forced to annex the property out there even against the property owners in order to properly handle the municipal problems that this development creates and properly finance. 4:` • • • • • e• February 3, 1981 KATHY BUCK stated that at this special meeting that the City Council felt at that time it would not be fair to hold these people liable for assessments if they were annexed against their will and the reason that this wording was put in there was to make that more clear. MR. MAGNUSON stated that there are placed out there that are surrounded by the City and it is going to be necessary that the improvements go by and in order to have the improvements bo by the property they have to be annexed and in order to do it expeditiously that should be done - it is either that or find some ways to finance these things - to give the people the benefit of the improvement without having to pay for it. No one in the City has that option and it would not be extraordinary that these people would have the obligation to the City. BRUCE FOLZ stated that if the people petition to be annexed if you extend the sewer and water up Neal Avenue you will have to tear out the street and then sanitary sewer will go under the street and you are going to rebuild a totally different section - they are intending to build a 62 foot street with concrete curb and gutter on Neal Avenue. MR. ELLIOTT stated that no utilities will be on Neal Avenue excepting that portion that is within the plat - there would possibly be sewer and water within a designated area but none in another area - he could see a benefit to the develop- ment to have a dust free road as there will be very valuabl_ homes in there - if that is for access to the development that there should be a dust free route. JIM LENTZ inquired as to the standards of this road construction - MR. ELLIOTT stated it would be a rural section about 24 foot wide bituminous with gravel shoulders and a five ton capacity possibly. MR. MAGNUSON stated that at the meeting they talked about the main points of under- standing that were of a concern to the Township and combining them into some type of an agreement that would be signed by both parties. DON RALEIGH, attorney for David Johnson, felt that this Memorandum was in accord with Nile Kriesel's draft and from the developers viewpoint they have no argument with it. The Mayor closed the hearing. COUNCILWOMAN AVISE was concerned about preliminary plat approval with all the questions outstanding - things should be resolved more concretely before they move ahead. MR. ELLIOTT stated that the approval could be made contingent upon receipt of the feasibility study and further felt that we knew more about this plat than most that we have been involved in. DON RALEIGH stated that we have to progress in an orderly manner and eliminate the things that are no longer issues - normally many of the things that are listed now are not even considered until after preliminary plat approval - the general layout which you now have before you - the engineer has recommended that plat be given preliminary approval subject to the list of items that he put in his letter which are details which have to be resolved after the feasibility report is completed and incorporated into the final plat. The subdivision ordinance contemplates that preliminary plat is approved at some early point and he felt that we were well past that now - we at least know that we worked within the boundaries of that approval and he stated :that we are working within that now - approve the preliminary plat tonite subject to the items that the engineer has outlined and still be subject to study and resolution before the final plat is resolved. MR. KRIESEL did not feel that there was anything here that he was aware of that would stop the City from granting preliminary plat approval with the understanding that Oak Glen Developmentlitill subject to PUD approval. COUNCILWOMAN AVISE stated that she would still like a clarification from David Magnuson on what the next steps are - she had heard that when once preliminary plat approval is given, the next step is very costly in developing the final plat. She did not know where these issues are going to be resolved, and she need to know that before she could vote. MR. MAGNUSON stated that there are to approvals that have to be given after this - the final plat approval and the final PUD approval and at each stage of the game there could be further conditions involved. The preliminary plat here in the City is a little different that one done in the County normally because in the County the developer is required to install everything themselves - it is much different in the way the engineer designs the things for the City - the preliminary plat app -oval does not have as much affect as it would if we were giving blanker approval to the final design of all of the streets and grades which is yet to be done. It might be the most important step in the whole thing and if the Council is going to give approval, they should be absolutely certain that all of the conditions and you know about everything and you are going to impose conditions for every problem that you foresee. • 33§). • X340 • February 3, 1981 MR. ELLIOTT stated that all of the sewer and water issues will be resolved except the Neal Avenue one which is a policy decision between the City and the Township- the drainage easements will all be resolved with respect to their feasibility report - the key issue is that the developer provides a site for the well and an elevated tank and such easements that are required for all utilities and he will convey this information to the developer's surveyor and he will put them into the plat. The utilities go in where the City wants them and this is not negotiated. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council approved the preliminary plat for the Oak Glen Development. AYES -- Councilwoman Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS -- Councilwoman Avise. (motion carried) UNFINISHED BUSINESS 1. On motion of Councilman Prterson, seconded by Councilwoman Bodlovick, Josephine Vania was appointed to the Planning Commission to replace David Knefelkamp who has resigned. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, Alfred Roepke and Russell Weitz were re- appointed to the Planning Commission for three year terms. (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise the following were appointed to the Recreation Commission: (all in favor) Dr. Duane Nelson to replace Don Jahnke (one year left) John Rohm and Darlene McCabe for three years each. 4. On motion of Councilwoman Bodlovick,seconded by Councilman Peterson, the following were re- appointed to serve three year terms on the Library Board: (all in favor) Dorothy Thueson Nancy Olson Glenice McGarry 5. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introducdd "PURCHASING THE DATA PROCESSING EQUIPMENT FROM IBM AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN THE WARRANTY AGREEMENTS FOR THIS EQUIPMENT ". AYES -- Councilwoman Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS- -None (see resolutions) (The City attorney has to review these documents) 6. MR. MAGNUSON informed the Council that Mr. Zepper would like to have the Council wait to have the second reading of the ordinance f :or a change in permit fees and he will prepare the draft prior to the next meeting and get same to the Council prior to that second reading. 7. MAYOR JUNKER indicated that the dates for the interviews for the police candidates will be done very shortly. • r` NEW BUSINESS — 1 On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council set the date of March 3, 1981 at 7:30 P. M. for the public hearing on Case No. 407 for Erickson Post for a filling station on County Road No. 5 and West Orleans Street. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council set the date of February 17, 1981 at 7:30 P. M. for the public hearing on Case No. 404 for Frank Aiple, Jr., 224 West Linden Street for a Special Use Permit. (all in favor) 3. On motion of Councilman Peterson, seconded by Councilwoman Avise, Ann Bodlovick was appointei to serve on the EMS Board with David Chial as the Alternate. (all in favor) 4. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the Mayor and the City Clerk were authorized to sign the Agreement with Washington County for the EMS. (all in favor) 5. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) • • • , 1 • 4 • February 3, 1981 MR. ELLIOTT stated that all of the sewer and water issues will be resolved except the Neal Avenue one which is a policy decision between the City and the Township- the drainage easements will all be resolved with respect to their feasibility report - the key issue is that the developer provides a site for the well and an elevated tank and such easements that are required for all utilities and he will convey this information to the developer's surveyor and he will put them into the plat. The utilities go in where the City wants them and this is not negotiated. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council approved the preliminary plat for the Oak Glen Development. AYES -- Councilwoman Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS -- Councilwoman Avise. (motion carried) UNFINISHED BUSINESS 1. On motion of Councilman Prterson, seconded by Councilwoman Bodlovick, Josephine Vania was appointed to the Planning Commission to replace David Knefelkamp who has resigned. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, Afred Roepke and Russell Weitz were re- appointed to the Planning Commission for three year terms. (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise the following were appointed to the Recreation Commission: (all in favor) Dr. Duane Nelson to replace Don Jahnke (one year left) John Rahm and Darlene McCabe for three years each. 4. On motion of Councilwoman Bodlovick,seconded by Councilman Peterson, the following were re- appointed to serve three year terms on the Library Board: (all in favor) Dorothy Thueson Nancy Olson Glenice McGarry 5. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introducdd "PURCHASING THE DATA PROCESSING EQUIPMENT FROM IBM AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN THE WARRANTY AGREEMENTS FOR THIS EQUIPMENT ". AYES -- Councilwoman Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) (The City attorney has to review these documents) 6. MR. MAGNUSON informed the Council that Mr. Zepper would like to have the Council wait to have the second reading of the ordinance for a change in permit fees and he will prepare the draft prior to the next meeting and get same to the Council prior to that second reading. 7. MAYOR JUNKER indicated that - the dates for the interviews for the police candidates will be done very shortly. NEW BUSINESS — 1 On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council set the date of March 3, 1981 at 7:30 P. M. for the public hearing on Case No. 402 for Erickson Post for a filling station on County Road No. 5 and West Orleans Street. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council set the date of February 17, 1981 at 7:30 P. M. for the public hearing on Case No. 404 for Frank Aiple, Jr., 224 West Linden Street for a Special Use Permit. (all in favor) 3. On motion of Councilman Peterson, seconded by Councilwoman Avise, Ann Bodlovick was appointed to serve on the EMS Board with David Chial as the Alternate. (all in favor) 4. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the Mayor and the City Clerk were authorized to sign the Agreement with Washington County for the EMS. (all in favor) 5. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) r. • • • • • • • • • its INDIVIDUALS AND DELEGATIONS (continued) None at this point in the meeting. APPLICATIONS On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the following Contractor's Licenses were approved: (all in favor) Midway Sign Co. 444 Prior Avenue North, St. Paul 55104 Penguin Insulation, Inc. 13951 North 60th St., Stillwater Sweeney Construction 11969 Ironwood Avenue North, Stillwater - - -On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise the following Cigarette Licenses were approved: (all in favor) Bluff Oasis Service Station 806 South Main Street, Stillwater Fraternal Order of Eagles #94 227 South Main Street, Stillwater COMMUNICATIONS None me No report CONSULTING ENGIN - IR No report PUBLIC WORKS February 3, 1981 COMMITTEE REPORTS Sign erection Renewal Insulation Renewal General Renewal Renewal Renewal CITY CLERK'S REPORT 1. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council granted permission to the Washington County Police Wife's Association to use the Council Chambers for their benefit program and that no charge be made for this use. (all in favor) 2. On motion of Councilman Peterson, seconeed by Councilwoman Bodlovick, the Clerk was directed to send the accident claim from John Francois, 2006 West Pine Street to the McGarry- Kearney Insurance Agency. (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, a resolution was introduced "ACCEPTING TILE WORK FOR LOCAL IMPROVEMENT NO. 183 AND MAKING FINAL PAYMENT" (Dehumidification work at the Ice Arena) AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS -- None (see resolutions) CITY COORDINATOR'S REPORT 1. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council authorized the payment to Kurt Swanson for services for filling for the Custodian while he was on vacation. ($5.00 per hour for 12% hours). (all in favor) (This was added to the resolution "DIRECTING THE PAYMENT OF THE BILLS ") 2. MR. KRIESEL asked the Council for clarification as to whether or not the Mayor and the Council were to receive the 1009, and 75% benefit for health insurance, the same as the Department Heads and they agreed chat was their intention when this action was taken for the Department Heads. 3. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council authorized the employment of Paul Glaser for taking care of the boilers at the Library and City Hall at $100.00 per month and that the hours be tabulated for this work up to 20 hours per month. (all in favor) 4. The date for the meeting with AFSCME was set for Tuesday, February 10, 1981 at 6:30 P. M. • • • (42 February 3, 1981 PUBLIC SAFETY 1. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council followed the recommedation of the Public Safety Committee to return to the Volunteer Firemen's By -Laws for the replacement of volunteers and that we will continue to advertise for such vacancies. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council approved the purchase of three pick -up boxes for parking meter tickets up to $30.00 each. (all in favor) 3. Mr. Magnuson was directed to check with the Coastguard about an ordinance controlling boat parking on the levee. PARKS & RECREATION 1. On motion of Councilman Peterson, seconded by Councilwoman Avise, the Council authorized the purchase of the skate tile at the Arena at a quoted price of $8,826.50 from Minnesota Playground Equipment. (all in favor) CITY ATTORNEY'S REPORT None COUNCIL REOUEST ITEMS 1. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, a Beer Permit was granted to the Valley House Softball Smoker at the Labor Temple for Saturday, September 28, 1981 from 7:00 P. M. to Midnite. (all in favor) OUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES None RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Industrial Bonds for Nelle, Inc. 3. Authorizing the Purchase of the Bookkeeping Equipment. 4. Industrial Bonds for Kinder Care (final) 5. Accepting the Work and Making Payment for Local Improvenent No. 183 - Ice Arena Dehumidification Attest: .L &ea -Lk, City lerk Mayor ADJOURNMENT On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the meeting adjourned at 10:20 P. M. ^ r • • • •