HomeMy WebLinkAbout1982-03-17 JPC MINMinutes of the
Joint Powers Committee
March 17, 1982
STILLWATER HOUSING PARTNERS PUBLIC HEARING
MEMBERS PRESENT
Ray Senkus, Cathy Buck, Ann Bodlovick, Harry Peterson, William Lundquist
STAFF PRESENT
Doug Swenson, Dennis O'Donnell, Rhonda Thode
OTHERS PRESENT
Disc -Moores—fancy Putz, Bruce Folz, John Caldwell, Leonard R. Feely
CALL TO ORDER
Ann Bodlovick chaired the committee and called the public hearing to
order at 5:35 p.m.
PUBLIC HEARING
John Caldwell, representing Orville E. Madsen, Inc., showed the
committee members the site plan for the Charter Oaks Townhomes
development reviewing the PUD amendments he was asking for in regards
to sideyard setback for garage and building setback from the road for
a living unit.
Nancy Putz stated her feelings were that it was a little late to do
anything now, but felt it should have been the responsibility of the
contractors to follow the plan throughout the entire phase. Bodlovick
asked Putz if she saw a hardship imposed on her. Putz stated she did
not, but that perhaps the committee should be aware that she has
moved from her property because of the development. Putz stated she
didn't have any arguments on the amendments, most concerned about the
maintenance of the grading for the entirety of the driveway.
Dick Moore stated he felt fencing, due to the slopes, was important.
Caldwell stated a fence has been put up above and beyond what is
normally adequate to prevent driving off the slope at night. Caldwell
stated if the slope erodes because of failure of proper maintenance,
the adjoining property owners have the right to take legal action.
Doug Swenson confirmed that statement.
Moore stated the plan showing gate valves and service locks and ties
has been included with the PUD so if there is snow they can be located,
which is of value to the Water Department and the City if they should
have to go in there in an emergency.
ADJOURNMENT
The public hearing was closed at 6:05 p.m.
/s/ Dennis O'Donnell
T.
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Minutes of the
Joint Powers Committee
March 17, 1982
MEMBERS PRESENT
William undquist, Ray Senkus, Cathy Buck, Ann Bodlovick, Harry Peterson
STAFF PRESENT
Doug Swenson, Dennis O'Donnell, Rhonda Thode
OTHERS PRESENT
Dick Moore, Bruce Folz, John Caldwell
CALL TO ORDER
Ann Bodlovick chaired the committee and called the meeting to order at
6:05 p.m.
APPROVAL OF MINUTES
Harry Peterson moved to approve the February 17, 1982 minutes as presented.
Ray Senkus seconded. Motion carried unanimously.
NEW BUSINESS
Cathy Buck oved for approval of the request for the amended planned
unit development as submitted in Dennis O'Donnell's letter dated March
10, 1982, and to approve along with the amended PUD the drawing submitted
that is dated January 29, 1982, signed by surveyor Joel Anez and co -signed
by Richard Moore on February 17, 1982 that indicates utilities on site.
Seconded by Harry Peterson, motion passed unanimously.
Lundquist initiated the discussion on how to prevent situations of this
type from happening in the future. He stated this type of thing has
happened in Lake Elmo at least a dozen times. He felt it was important
for a surveyor to stay on the job. If stakes are washed away, deliber-
ately removed, or missing because of carelessness; the lot should be
resurveyed.
Folz thought that would cause a tremendous expense for someone who puts
a house on a lot, even when its a regular lot. He felt a hardship was
being imposed on the 95% of the people who are trying to do it right.
He also stated while everyone else is trying to keep housing costs
down, an additional expense should not be imposed. Folz strongly felt
letting the building inspectors make decisions is.a better way to go.
Lundquist thought the expense to the builder to have a surveyor on the
job would be far less compared to the cost if an error were made. He
felt on new plats a surveyor should verify that they know where the
corner of the lots are and where the house is going to go.
Folz stated the goal is getting the building in where it should be. If
the building inspector is not sure where lot corners are, he should not
allow footings to be put in.
N Joint Powers - Minutes
March 17, 1982
Page 2
Lundquist stated 5% to 10% of the houses in Lake Elmo are misplaced, and
that is to manv. Caldwell stated he has seen various instances where
adjoining property owners moved stakes on purpose because they don't
realize -the legal implications, so unless the surveyor sits on top of his
stakes, there is no assurance that the stakes will not be moved.
Bodlovick asked O'Donnell what his opinion was. O'Donnell stated he
agreed with Bruce Foiz's statements on it being the responsibility of
the building inspector, and that it would be difficult to have an
engineer or surveyor on every site.
Peterson asked Lundquist what has been done in Lake Elmo to prevent
this type of thing from happening. Lundquist stated Lake Elmo
requires that a surveyor stake the house and verifies it on a drawing.
If he has reason be believe the stakes have been moved, the owner is
not allowed to build.
Moore brought up the point that the Joint Powers area is mostly zoned
industrial and construction will mainly be consisting of larger buildngs
which are generally laid out by a surveyor.
Buck thought it important to try to establish standards so things of
this nature can be prevented. Buck wanted to know how other communities
dealt with it. Bodlovick asked O'Donnell to check into this and report
at the next meeting.
Croix ate Concept Plan
Bruce Folz showed a committee members the Croixgate preliminary
plat explaining that it basically follows the design plans that have
been submitted before, and proceeded to outline the three stages in which
the project would take place. Folz said a grading and drainage plan would
be prepared after the committee gives concept approval and after the
feasibility study is completed.
Buck asked how different this preliminary plat was from the original
PUD. Moore stated the last concept plan was very close to what
Bruce has now, except that there are more lots.
Discussion centered on a comment in O'Donnell's memorandum to the
committee regarding perhaps not allowing the resubdivision of the platted
lots into smaller lots at a later date. Folz felt it was unfair to allow
some people to resubdivide while not allowing others if all lots meet the
minimum requirements of the ordinance. The board asked Swenson for a
legal opinion. Swenson stated that the committee as part of plat approval
may attach reasonable restrictions as a condition of plat approval. The
committee must decide if this would be a reasonable condition. Folz
said he would prepare a resubdivision plan.
Buck asked if the City of Stillwater has planned this to be sewered.
Moore stated yes, that it has always been a part of the Comprehensive
Sewer Plan. Senkus asked how Polywater would fit in if they wanted to
hook-up. Moore stated they would have to partly pay cost for lift station.
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Joint Powers - Minutes
March 17, 1982
Page 3
Senkus asked what concept approval legally binds the committee to.
Swenson explained it was a step ahead of preliminary plan approval. It
means the committee goes along with the layout in general, but the
specifics still have to be reviewed. O'Donnell added the board has the
authority to require resonable conditions.
Folz stated he was looking for enough of a commitment from the Joint
Powers Committee so that money could be spent for a feasibility study.
Buck mentioned in the Comprehensive Plan some walkways were planned.
Moore stated in this plan no walkways were included. Folz thought
walkways were not a good move because of security problems.
Lundquist asked Moore if he saw a problem with street layout. Moore
stated he did not. Folz stated he reviewed O'Donnell's letter and has
no problem with it except for the resubdivision concept.
Buck questioned how the maintenance people feel about the cul-de-sac.
Moore stated maintenance people don't care for any cul-de-sacs, but
an industrial one is better than residential, and it would be difficult
to do anything else other than a cul-de-sac.
Peterson moved that limited concept approval be granted for the purpose
of conducting the feasibility study. Seconded by Ray Senkus. Motion
passed unanimously.
GENERAL DISCUSSION
Bodlovick opened the floor for general discussion. No issues were
brought up.
ADJOURNMENT
The meeting adjourned at 7:40 p.m.
/s/ Dennis O'Donnell
Notice of Public Hearing
Notice is hereby given that the Joint Power's Committee will hold a
public hearing on:
Wednesday, March 17, 1982
5:30 p.m.
Washington County Board Room
Washington County Courthouse
Stillwater, MN
The purpose of the public hearing is to consider the request of Stillwater
Housing Partners (Charter Oaks Townhomes) for an amendment to their
Planned Unit Development permit. The amendment requested is for a
reduction in building setbacks as originally proposed.
The property is legally discribed as Lot 4, Block 2, Feely's Addition,
City of Stillwater, Minnesota.
The public is encouraged to attend and testify. Both written and oral
statements will be accepted at the hearing.
/s/ Dennis O'Donnell
Zoning Administrator
March 2, 1982