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HomeMy WebLinkAbout1977-03-22 CC MIN• !200 • COUNCIL CHAMBER ._ Stillwater, Minnesota March 22, 1977 7:30 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the Acting City Clerk, Schnell. Present: Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and President Junker Absent: None Also Present: Acting City Clerk, Schnell; City Attorney, Kimmel; Superin- tendent of Public Works, Shelton (arrived at 9:30); Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineer, Elliott and Dick Moore Press: Stillwater Evening Gazette - Bob Liberty Citizens: Jerry Mechelke, David Magnuson, Jerry Witschen, Michael McGuire, Dennis Kuhlow, Andy Holdorf, Renzlo Williams, Ray Roesmiich, Tom Farrell, Tom Chaffin, Mr. Anders Hansen,. Baytownship; Mrs. Robert Collins, Mrs. Martin Hansen, James Gannon, Mrs. Douglas Webster, Mr. Donald Granquist (about 100 -150 people in attendance) INDIVIDUALS- DELEGATIONS 1. JERRY MECHELKE, 809 West St. Croix Avenue, appeared before the City Council re- questing that an area in the Cooper's Addition be rezoned single family rather than Two - Family. On motion of Councilman Peterson, seconded by Councilman Powell, the request for the rezoning of a portion of the Cooper's Addition was referred to the Planning Commission for their study and recommendation and that Ewager Bros. be notified of this request. (all in favor). PUBLIC HEARINGS 1. CONTINUATION OF CASE NO. 255 - Special Use Permit to convert a duplex into a three -plex at 115 South Marth Street - Jerry Witschen. MR. WITSCHEN appeared before the Council and he agteed that he would be able to comply with all of the stipulations outlined in a letter from the Building Inspector. No one appeared opposing or in favor of this request at this time. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council granted the Special Use Permit to Mr. Witschen to convert a duplex at 115 South Martha Street into a three -plex subject to his complying with the regulations set out by the Building Inspector and that he not be allowed to rent the additional unit until it has been inspected by the Building Inspector. (all in favor) 2. This was the day anal time for the public hearing on Case No. 262 for a Planned Unit Development for the Reliance Development Corporation. The notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on March 11, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. DENNIS KUHLOW, Fifth Street, S. E., Minneapolis, Mr. Andy Holdorf, 1312 Gibbs, St. Paul and Mr. Renzlo Williams, Architect for Reliance Development Corporation spoke in behalf of this request. It is proposed to consist of 124 units on 37.1 acres of land which will be clusters consisting of our units each and they did make some revisions in the plans as recommended by the Washington County Planner. The layout of the land is stadiem fashion and their original proposal was for 144 units but they deleted the units on the east end due to the typography. Thee will be three - bedroom units and the project was anlyzed in accordance with the ordinances of the City of Stillwater. They have analyzed the traffic and that they were looking for concept approval at this time. Immo • • ml • • • March 22, 1977 COUNCILMAN POWELL asked how mahy single family dwellings could be placed here and MR. WILLIAMS stated that it would be approximately the same. COUNCILMAN MAHONEY asked how much is buidable property and he was informed it would be the same as shown on the maps. COUNCILMAN PETERSON asked as to how many open acres there would be in the project and MR. WILLIAMS detailed the various figures on the areas that would be occupied which totalled up to 28% of the total site which would leave 72% for open space. (It was concluded after several more questions were asked that he had included the street right of ways in this amount of land which should have been excluded.) COUNCILMAN PETERSON then asked how much open public space there would be and the reply was "nothing" - only the space on the east enu which would be for recreation. MR. KIMMEL informed the petitioners that it is a requirement of the ordinance that they dedicate a percentage as parland or a sum of money equilavent to same. MR. WILLIAMS further stated that there will be approximately four units per acre for this type of development. MR. ELLIOTT stated that if the pond was used in their area computation, the DNR would not allow the filling of the pond area. It is a public area that canpt be distrubed. There should not be any figures used for the size of the pond. TOM FARRELL, 205 Crestwood Terrace, and RAY ROEMMICH, 304 Crestwood Terrace, were designated to speak for the citizens and homeowners in the Croixwood and Fair - meadow Additions. They distributed to the Council an outline of the items to be covered under their presentation. 1. Mr. Farrell's first comments were regarding the letter from the Superinten- dent of Schools regarding the number of students this would add to the already overcrowded conditions at the present time He also made reference to the fact that the taxpayers in this School District has voted down four bond issues. Therefore, it would be illogical to bring another development in at this time. 2. The approval of this development would possibly lead to the addition of members to the police and fire departments. In the last ten years we have had the addition of Fairmeadows, Croixwood and he asked how many policemen and firemen had been added to the staff. 3. He asked if there is a need for a lift station to service this area as to who would pay for same - the developers or all of the taxpayers would pay all of the cost of such a facility. 4 this is public aesthetic land bututhere the are hundreds that s of children who use "sheephill" for recreation. There is a lot of wild life here and undisturbed nature land. There are some very strong feelings in this area about another development coming in and felt there should be some long range planning done for the City of Stillwater. 5. The proposed layout of the streets will have a substantial activity in the neighborhood by bringing in an additional 500 cars per day on Crestwood Terrace. MR. ELLIOTT stated that this is a 36 foot width street which allows for one parking lane and two driving lanes and it was not designed to be a collector street. 6. There is an energy factor here as rental units would bring these people 20 to 25 miles from where they work. The area is zoned single family and it should remaing that way so that when the home owners in this area want to sell their homes, with rental units in the area it would not be an asset for the area. 7. There were concerns for drainage as there is nothing in the develc ent for the retainage of water. Also they do not want another situation os mud in the gutters as they had on Maryknoll Drive in the past few years. MR. ROEMMICH stated that some place the buck has to stop and that a decision be made which will affect every taxpayer in the School District No. 834. He would hope that there would not be any motions made for the lack of communication and the Council would make a motion to deny the concept approval. This is a single family area and they would like to see that use continued there. 201_ • • • • , 2O2 March 22, 1977 With the possible additional drainge we could spoil the watershed for the whole area and he had a great concern for the ponds in the area and all of the wild life in the area. TOM CHAFFIN, 2002 Fairmeadows Road, felt that the publicity on this matter was a little bit late and there should have been more time for the citizens to study this proposal. STEVE SWEETLAND, 214 Maryknoll Drive, asked Mr. Williams to clarify his statment that they are in compliance with most of the ordinances of the City of Stillwater and he responded that they have complied with all of the ordinances that are applicable up to this point. MR. ED DAVIDSON, 504 West Olive Street, stated that you can't stop progress and if these people don't like this kind of a development next to them they can fence themselves off and keep everybody out. COUNCILMAN PETERSON asked Mr. Kimmel if they grant concept approval in an area zoned single family and the PUD is multi - family that in an effect would this be rezoning ant MR. KIMMEL reponded that it does not bind the Council to final approval and that in effect this would be rezoning. COUNCILWOMAN BODLOVICK stated that the County Planner asked that the single family be deleted. COUNCILMAN PETERSON asked Jeff Zoller if the Planning Commission had considered the amount of recreational area proposed and he replied that they felt in their concept approval it was for the four units per acre. COUNCILMAN PETERSON asked if this area would drain toward the pond and MR. ELLIOTT stated that it all drains toward the pond and this pond has an outlet across new County 12 and it will ultimately get into McKusick Lake. The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council denied concept approval for the Reliance Development request for Townhouses unless something can be done under a single family development. (all in favor) The undersigned members of the Stillwater City Council hereby make the following Findings of Facts relative to the rejection of a request for concept approval of the proposed Planned Unit Development made by the Reliance Development Corporation: 1. That the Council does not believe that a Planned Unit Development is an appropriate vehicle for handling of the proposed development since its only proposed use was multi - family. 2. That the proposed multi - family use was not compatible with the single family properties adjoining the parcel and would prove detrimental to the traffic patterns in the adjacent single family residential areas. 3. That the turain of the proposed parcel insofar as the information was available to the Council was not readily adaptable to the density proposed. 4. That the proposed Planned Unit Development did not provide adequate public facilities as required by the Ordinance. s/s David C. Junker Ann M. Bodlovick Jerry B. Mahoney Roger A. Peterson William H. Powell MR. WILLIAMS questioned as to what would be necessary if they did come back and COUNCILMAN PETERSON stated that he would have to work with the whole area and not just the area to be developed - the drainage should be looked into and work very closely with the building inspector and comply with all of the building codes which does require dedicated land for recreational use. MR. WILLIAMS asked why it was denied and all of the Council felt that density was a concern and they would like to have this area remain single family. THE MAYOR DECLARED A RECESS FROM 8:30 P. M. TO 8:40 P. M. • • . p . 3. This was the day and time for the public hearing on Case No. 264 for a Special Use Permit for a commercial business in a two - family zone - Mr. Michael McGuire wishes to build a restaurant on the car wash property on the river front. The notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on March 11, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. MC GUIRE explained the details of the project and presented several drawings. The building will consist of about 3,000 square feet with a seating capacity of 120 and the main floor would be elevated to a level of 698 which is above the flood state He would also like to have portable docking space. The building will be constructed of heavy timber and this would meet the requirements for a building located in a fire district. MR. KINNEL questioned if this would be in compliance with the Wild River Regula- r tions and Mr. McGuire stated that he was aware of this ant had been in contact with the proper parties on this matter. MR. ELLIOTT reminded him that he should also be in contact with the Minnesota Transportation Department as his proposal relates to the proposed By -Pass. COUNCILMAN PETERSON inquired about the number of parking spaces in his parking Pm lot and there are spaces for 66 cars for this whole proposed development of this property and the old NSP building. The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council granted concept approval to Mr. McGuire's request subject to the by -pass location, parking and any other ramifications which have to be considered. (all in favor) MIS PETITIONS March 22, 1977 From the Stillwater Industrial Park requesting the extension of sewer and water utilities for commercial development purposes to serve their property. On motion of Councilman Powell, seconded by Councilman Mahoney a resolution was introduced "ACCEPTING THE PETITION AND ORDERING A FEASBILITY STUDY FOR SEWER AND WATER UTILITIES FOR THE STILLWATER INDUSTRIAL PARK ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and President Junker NAYS - -None (see resolutions) UNFINISHED BUSINESS 1. On motion of Councilman Peterson, seconded by Councilwoman Bodiovick, the Council granted permission to Mrs. Richard Mechelke, 301 North Owens Street to attached a privacy fence to the existing iron railing fence located on the sidewalk on the Mulberry Street side of her property. (all in favor) 2. On motion of Councilman Mahoney, seconded by Councilman Peterson, the possible second reading of two ordinances (High Density Multiple Dwellings and the Amendment to 383 and 487) were delayed until the Council has had an opportunity to meet with the Planning Commission on these two proposed ordinances. (all in favor) 3. On motion of Councilman Mahoney, seconded by Councilman Powell, the Clerk made the second reading of an ordinance entitled "AN ORDINANCE PROHIBITING CONSUMPTION AND POSSESSION OF INTOXICATING LIQUOR AND NON - INTOXICATING MALT LIQUOR IN PIONEER PARK AND PRESCRIBING PENALTIES FOR THE SAME" The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirmative. The chair then put the question "Shall this ordinance pass ?" and on roll call the ordinance was unanimously adopted. 4. On motion of Councilman Peterson, seconded by Councilman Powell, the director of Public Works was instructed to install the appropriate number of parking meters east of the loading dock on the south side of Commercial Avenue adjacent to the B. W. Harris Building. (all in favor) • 203'' { 1 • ■ • 204 • , 5. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Director of Public Works was instructed to contact the property owner at 314 South Hemlock Street and indicate to her that her sewer problem is not the city's responsibility and that she should at her own cost correct the problem by installing a backup valve. (all in favor) 6. On motion of Councilman Mahoney, seconded by Councilman Powell, the Clerk made the first reading by title of an ordinance entitled "AN ORDINANCE PROHIBITING THE PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES. (all in favor) NEW BUSINESS 1. On motion of Councilman Peterson, seconded by Councilman Powell, the Council authorized the transfer of $7,000 of the 1977 Revenue Sharing Funds to the Library Budget. AYES -- Councilmen Peterson and Powell NAYS -- Councilwoman Bodlovick, Councilman Mahoney and President Junker. (motion defeated) matter d were in that this within a week to take care of this matter. 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, the request from Junker Sanitation for an increase to $6.21)0 per load for the Dump Boxes was referred to the Public Works Committee. (all in favor) 3. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council refused to pay the bill of $200.00 submitted by Mr. F. A. Hamm, 1505 North Second Street for thawing services for a water freeze -up and that he be advised of this fact. (all in favor) 4. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a resolution was introduced "OPPOSING NEW MAXIMUM SECURITY FACILITY ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and President Junker NAYS - -None (see resolutions) 5. On motion of Councilman Powell, seconded by Councilman Peterson, the Wharfage Permit for the Jubilee I was renewed for the 1977 season. (all in favor) 6. date of April 12, n 7:30 P. N. wasesetyforanthelpublichhear the hearings for the following cases: Case No. 265 - Robert Swanson, 1211 South Sixth Street - variance Case No. 266 - Leona Hall - Special Use Permit at 320 West Myrtle Street for a Boarding Home Case No. 267 - David Magnuson, 901 West S an CroixiAvenue - variance for Case No. 268 - Robert Brothen, 1636 Meadowlark Drive - variance for a garage. (all in favor) 7. On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and President Junker NAYS - -None (see resolutions) INDIVIDUALS OR DELEGATIONS (continued) None at this time March 22, 1977 APPLICATIONS On motion of Councilman Peterson, seconded by Councilman Mahoney, the following Contractor's Licenses were granted: (all in favor) Donald Durand Construction New 2901 Lake Elmo Ave. N., Lake Elmo 55042 General Peterson Excavating, Inc. New 18911 Newgate Ave. N., Marine on St. Croix 55047 Excavators (continued next page) • Paw • • • n im' George Siegfried Construction Co. 1123 - 32nd Street No., Lake Elmo 55042 Lawrence Letourneau 14770 - 130th St., Stillwater Charles Vanasse Route #2, Sp :i g Valley, Wisconsin 54767 • P r•e I Marc!. 22, 1977 General General General COMMUNICATIONS From Ron Kiel submitting his resignation from the Planning Commission. On motion of Councilman Peterson, seconded by Councilman Peterson the Council accepted the resignation of Ron Kiel from the Planning Conmission and directed that a letter be sent to Mr. Kiel thanking him for his services. (all in favor) Renewal Renewal New CITY COORDINATOR'S REPORT 1. On motion of Councilman Peterson, seconded by Councilman Powell, the Council approved the City of Oak Park Heights request from Mr. Al Augustine to supply sewer and water to his property, and had no objection to their proposed connection of same. (all in favor) 2. On motion of Councilman Powell, seconeed by Councilman Mahoney, the Council set the date of April 12, 1977 for the hearing on a Notice of Appeal and Appeal in the matter of granting a building permit to Swager Bros., Inc. on favor) 4, Castle Hills Addition to Stillwater. (all 3. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council authorized the expenditure of the $4,993.00 which was received from the Anti - Recession Fund for the salaries which are paid out of the Lily Lake Revenue Fund. (all in favor) 4. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council authorized the Mayor and the Acting City Clerk to execute the purchase agreement for the sale of the balance of the land owned by the City in the Auditorium Block at a price of $16,500.00. (all in favor) 5. On motion of Councilman Powell, seconded by Councilman. Mahoney, the Council delayed any action on the officerof $50,000 for the purchase of property at the corner of Olive and South Third Street until such a time as the Downtown Retail Council gets back (all t he Council with their proposal for parking in downtown Stillwater. CONSULTING ENGINEER'S REPORT. 1. Mr. Eliott Workslgrantsrwilltbe availableaaboutaAprilf15th and special back to the Council on this matter at that time. 2. He epdidistributed at ohthI Council the feasibility study for the COMMITTEE REPORTS • PUBLIC SAFETY 1. Chif haseresigned and he Glenn to negotiaate and Oak Park Heights on hsaring the cost and employment of an Animal Control Officer. On motion of Councilman Peterson, seconded by Councilman Mahoney, Mr. Abrahamson was instructed to negotiate with Oak Park Heights and Bayport regarding a shared Aniaml Control Officer with the City of Stillwater paying one -half the cost of the salary and dlt h en taerrt communities sharing the other half equally. PUBLIC WORKS 1. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the lightsltonreplacedthoseDine therForstuHills WAdditioncwhich some of of obsolete and replaced favor) 205 they become defective or damaged. (all e 205 • • 4 4 • ( 206 At test:,4 4t tt(__ - Act g City Clerk March 22, 1977 PARKS AND RECREATION Mr. Blekum distributed to the Council his request for Revenue Sharing Funds for his deparrment. CITY ATTORNEY'S REPORT MR. KIMMEL explained to the City Council that the matter of the sewer hookup charges to be paid to the Metro Waste Commission is a matter between Stillwater Township and Oak Park Heights and there is still disagreement over the charges for the Crown Auto Building. COUNCIL REQUEST ITEMS 1. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Cour it accepted the final report of the Bicentennial Commission which will be placed on file and directed that the Mayor write letters to the members thanking chem for their fine work and officially discharging the commission. (all in favor) 2. COUNCILWOMAN BODLOVICK reported that she had received the Systems Statement from the Metro Council and copies will be given to all of the Council members. 3. Mrs. Sandberg of the Transportation Museum appeared before the Council re- garding funds for the renovation of the Engine 328 and she was informed that the agreement was that there would not be any funds available from the City for the project. ORDINANCES Second reading - Ordinance No. 546 - Prohibiting Liquor in Pioneer Park First Reading - An Ordinance Prohibiting the Public Consumption of Alcoholic Beverages RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Payment of the Bills 2. Opposing the Maximum Security Facility 3. Accepting Petition and Ordering Feasibility Study for Stillwater Industrial Park. (Hooleys Development on Hy. 212) 4. Name change for Oasis Avenue (repass) ADJOURNMENT On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the meeting adjourned at 10:50 P. M. Mayor / • •