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HomeMy WebLinkAbout1977-06-07 CC MIN• • COUNCIL CHAMBER June 7, 1977 7:30 P. M. Stillwater, Minnesota REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the Acting City Clerk. Present: Councilwoman Bodlovick, Councilmen Mahoney, Peterson and Mayor Absent: Councilman Powell Also Present: Acting City Clerk, Schnell, City Attorney, Kimmel; Superinten- dent of Public Works, Shelton; Public Safety u Direc Abra hamson; Director of Parks & Recreation, Blekum; Elliott; Planning Commission Chairman, Jeff Zoller ('N Press: Stillwater Evening Gazette - Bob Liberty WAVN - John Hanvelt Citizens: James Simpson, Graydon Thompson, Mr. & Mrs. Robert Collins, Craig Swager, Mr. & Mrs. Dean Hansen, Mr. & Mrs. R. A. Pilrain, Leo Lohmer, Leo Jewell, Russell Weitz, Duane Nelson, Joe Arndt, Harry Peterson, Gary Swager, Arthur Mueller Total of about 125 people in attendance INDIVIDUALS-DELEGATION 1 ARTHUR toEbuildaaphome on e property purchased from his father just off tank offNorth Fourth Street. ordinanc elandabeforeatheeSpeciallUsetPermit violation of canv on be considered, this sub- division problem should be resolved. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, and Mr. Lawson e work with p Mr. Mueller to straighten out a the matter of the eplatting can issued of this area of whatever is necessary to make it legal. (all in favor) 2 ap ear d before the Laurel St., with the following petition: concerned citizens petition "We the undersigned residents of Stillwater are opposed to the City Park for developments purposes. disposing the be Pioneer action of future years as a remaining part of the park environment. Thank you for your consideration. ROBERT COLLINS, 119 East Cherry Street, stated that they were unaware of Heesaidteveryoneethoughtawhenl the this ty or on that the property reverted back to park property. COUNCILMAN PETERSON stated that the City was approached to sell it and it was advertised for sale and the one bid was referred to the City Attorney and no final action has been taken on the matter. MR. KItMfEL stated that it is scheduled for the meeting of the 28th for his -eport on the matter. MAYOR JUNKER stated that Mr. Blekum had recommended that it be saved as a berm for the park. (No action taken at this time on this matter) 24Th • On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council setetheddate of the hearing for a Tuesday, f July o 26, 1977 at 7:30 P. M. (all in and the peition for te in favor) PUBLIC HEARINGS -- -This was the day and time set for the CasetNo 278 for a variance e10 for a garage for Quentin Heimerman, the official The notice of the hearing was and the to Gazette, owners newspaper of the City on May 27, within 300 feet. The Mayor opened the hearing. No one app eared in favor or opposed to the request. r • • 246 Jur,c 7, 1977 • The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, the Council followed the recommendation of the Planning Commission and granted the variance for a garage for Quentin Heimerman, 1103 South Everett Street. (all in favor) -- -This was the day and time set for the public hearing on Case No. 260 for a variance and change of lot size for Criage Swager for property on South Sixth Street between West Olive and West Pine Streets. The notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the Coty and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. DEAN HANSEN, 402 South Sixth Street, was concerned about the building of a small new home in this area where there are so many historical homes and that is one of the reasons that he moved to Stillwater and purchased an older home and improved it. (He presented a petition to the City Council signed by the residents in the area who are opposed to this request.) MRS. RICHARD PILRAIN, 407 South Sixth Street, stated that the only way they could build would be to go through her driveway and she would not allow this and also there should be no more on- street parking on this street. She could not see how he could build here as there is a catch basin behind it and also there is only about 63 feet of buildable property before it drops off. LEO LOHMER, 303 West Olive Street, stated that he was neither for or against this request but felt that the City should take the drainage out of that area which is adjacent to his property. The storm drain was put in there in 1952 and felt that certain conditions would have to be met in regard to this storm drain.. There have been many wash -outs in the area and fill has been put in to keep the three plex from being washed away. MR. SHELTON stated that the ravine is filled and the pipe is not visible. He felt that if something is proposed to be built there that somebody take some drain tests. The ravine is filled in from the washing water and the drain is about three feet felow the ravine. CRAIG SWAGER, the petitioner, stated that this will be 50 x 150 foot lot and he will have parking for two of the three cars for the three -plex off the street and he will have off - street parking for the new home. MRS. PILRAIN submitted pictures to the Council showing where the drain pipe is located in the ravine. MRS. DEAN HANSEN said there are no plans or ordinances setup in Stillwater that you cannot come in and put in a small newer home in an area of older homes and felt that the new homes should be built in the newly developed areas. She felt that there should be some kind of an ordinance to keep the architecture all the same for given areas. LEO JEWELL, 320 West Pine Street, complained about the congested traffic on Sixth Street and this street is used for emergency vehicles from the police and fire departments and was opposed on this basis. The :'yor closed the hearing. (The Planning Commission had approved this request) On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council denied the variance and lot change request made by Craig Swager due to the fact that if this is allowed the three -plex will not meet the area requirements for such a structure. (all in favor) - -- CONTINUATION OF THE HEARING ON CASE NO. 275 - Doeffler Construction for an apart- ment complex on South Greeley Street. GRADI THOMPSON, 1316 South Everett Street, showed some sketches as to the location of the proposed apartment building. JAMES SIMPSON, 1208 South Everett Street, presented facts about the 1956 Hodne plan for comprehensive zoning plan and in that plan it was zoned residential. In 1963 there was new zoning and all multiple dwellings must take a Special Use Permit and all plans, details and specifications be submitted. In 1968 a plan came in for 11 four -plexs and rezoning also came in, and he felt that this was not the intent for the origin! zoning. He requested that the Council consider the rights of the property owners around the pet.ti and they object to the high density of this apartment complex. r • • • RUSSELL WEITZ, 813 Everett Drive, gave many statistics showing the amount of land that is available for building beyond the water area which indicated they would have only 3.17 acres and the code requirements call for 2.74 acres plus .85 acres for recreation area, with a net shortage of .42 acres. This project is to be financed by State and Federal monies and 50% of the taxes would be abated. GRADY THOMPSON stated that one of the garages would be 300 feet bhind the three - plexs and the citizens are concerned with the wildlife in the area, the natural terrian barrier, and the byilding could bring in about 30 more children into the school district. He felt that 90 apartments in a three block area was too high of a density and also Greeley Street is a major traffic thoroughfare. Also consideration should be given to the future zoning of the property directly to the south of this. He recommended that the Council support the decision of the Planning Commission of last evening; enforce the intent of the multiple zoning of 1968; and that the Township property if the annexed to the City be annexed with Single Family zoning. The Mayor declared a recess from 8:30 to 8:40 P. M. DUANE NELSON owner of the four -plexs on South Greeley is opposed to this apartment and it will produce a lot of traffic behind his buildings and he was opposed to welfare housing because of the problems that the apartments across the street have had with welfare families. Further he has never rented to welfare families and didn't feel there should be 40 such units in one complex. JOE ARNDT, 1602 Morningside Road, stated that Mr. Fishman the architect did not decay the fact that proper planning is to go from high density down to four plexs on into the single famil;. He was not against the multi - family with proper plan- ning and using the steps. Also the property will not be owned locally - it will be syndicated ownership and we will not know where they will be located. COUNCILMAN PETERSON asked the Planning Commission on what grounds it was denied and JEFF ZOLLER said they felt that 40 units was too much for this site - three out of five felt that this site in this present state was too tight to allow for that many units to be built on it, and the total footage would not allow for the recreation areas. The Mayor closed the hearing Mr. Kimmel stated that the City's concern is with planning and nothing to do with the financing agency. The Council's findings have to be based on the facts as to whether or not the building conforms. The City has no control over the amount of taxes that this type of housing pays. This is a state authorized program and there is no basis for objection. On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, the Council accepted the recommendation of the Planning Commission and denied the request from Doerfler Construction Co. to construct a 40 unit apartment building for the following reasons: - -That the forty units because of the unusual physical configuration of the property is excessive. - -That the developed recreation proposal does not equal 10% of the gross project area as required by the ordinance. - -That the site plan does unnecessary and unreasonable damages to the ecological and environmental quality of the area. (all in favor) BMW June 7, 1977 UNFINISHED BUSINESS 1. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council followed the recommendation of the Planning Commission and granted an extension of two years for the Special Use Permit for Alan Gerber for his property at Oak and Fourth Streets subject to the approval of the Fire Chief. (all in favor) 2. On motion of Councilnan Peterson, seconded by Councilwoman Bodlovick, the condition of the property and home at 805 South Fifth Street was referred to the City Attorney and the Building Inspector for further action to bring this building and premises up to code. (all in favor) 3. Second reading of the ordinance amending Ordinance No. 448 was delayed until a future meeting. 4. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Acting City Clerk was directed to write a letter to Peter Hall, Michael McGuire and Jerry Perkl regarding parking for this operation in accordance with a memo received from the Building Inspector.. (all in favor) 247 1 June 7, 1977 5. On motion of Councilman Peterson, seconded by Councilwoman Bodiovick, the City Attorney was directed to send a copy of the findings of the Building Inspector to Mr. Meads with an order to comply with same within 30 days. (all in favor) 6. On motion of Councilman Mahoney, seconeed by Councilwoman Bodiovick, the matter of the sewer rates for the Maple Island was referred to the Public Works Committee for their study and recommendation (all in favor) 7. On motion of Councilman Mahoney, seconded by Councilman Peterson, the letter from the Clerk of Stillwater Township regarding assessments for sewer was referred to the City Attorney. (all in favoe) 8. The consideration of the purchase of the Vactor Power Vacuum will be con- sidered at a future meeting. NEW BUSINESS 1. On motion of Councilman Mahoney, seconded by Councilman Peterson, the date of July 12, 1977 was set for the public hearing on Revenue Sharing. (all in favor) 2. On motion of Councilman Mahoney, seconded by Councilwoman Bodiovick, a permit to serve beer at Pioneer Park for members of the former Connolly Shoe Co. was granted. (all in favor) 3. On motion of Councilwoman Bodiovick, seconded by Councilman Mahoney, the variances from the building code as detailed by the Building Inspector were approved for the Grand Garage and Gallery. (all in favor) 4. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Fire Chief was granted permission to have the City's Mechanic renovate the remaining 3/4 ton and 2k ton army trucks for use by the Fire Department. (all in favor) 5. The matter of the increase in Levy Limit Base without penalties needed no action and will be filed with the budget file. 6. On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, a resolution was introduced "DIPECTING THE PAYMENT OF THE BILLS ". AYES - -4 NAYS - -0 (see resolutions) INDIVIDUALS - DELEGATIONS - continued 1. MR. GARY SWAGER appeared before the City Council regarding the replatting of some lots in the Cooper's Addition and due to the fact that there were some errors in the drawing, Mr. Swager will meet with Mt. Shelton to have same corrected. On motion of Councilman Mahoney, seconded by Councilwoman Bodiovick, the Council approved the replatting of a portion of Block 7 in the Staples and Mays Addition to the City of Stillwater per the plat presented to the Planning Commission and the City Council (all in favor) 2. MR. HARRY PETERSON appeared before the City Council regarding the renewal of the leas for the St. Croix Barge Terminal to Mr. Aiple. He was particularly concerned about the Council taking any hasty action on the renewal of this lease and that there would be an environmental impact study made before action is taken. He stated that the City of Stillwater is suppose to have adopted an ordinance adopting the Wild & Scenic Rivers Act which would apply to the Barge Terminal area. He stated that the grey fertilizer building is unsightly and asked about the number of tow barges that come into the area and the number of people that would be employed here. He felt that the non -use would indicate that Mr. Aiple has abandoned the use of the property. MR. KIMMEL stated that the Cicy would receive a fiat rental from Mr. Aiple for the facility plus Pillsbury would pay the rates provided for in the lease. As to the appearance of the property if the barge terminal were used, the property between the railroad tracks and the river would be graded. (No taken at his this attorney on thisrmatte Kimmel is working matter) APPLICATIONS On motion of Councilman Peterson, seconded by Councilman Mahoney, the following Contractor's Licenses were approved: (all in favor) All Seasons Roofing Co. 2717 E. 32nd St., Minneapolis, Mn. 55407 Roofing New (continued on next page) • • • • • June 7, 1977 Harding Home Comfort Insulation New Box 448, Chisago City, Mn. 55013 Nieman Roofing Co., Inc. Roofing New Prague, Mn. 56071 8 COMMUNICATIONS From Jim Hunt regarding the Barge Terminal Lease. (No action) Frm Jeff be isefr was appointments greeable that ion From the Environmental Quality Council - notice of a hearing to be held on June 21, 1977 regarding the proposed High Security Facility in Oak Parks Heights and Baytown Township. (no action) CITY COORDINATOR'S REPORT None CONSULTING ENGINEER'S REPORT 1. Mr. Elliott reported on the width of the streets for the Hooley Deveopment and east-west main 66 north-south street should feet. 2. Mr. Elliott will have the feasibility study ready for the Croixgate Develop- ment on June 28th. COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "EMPLOYING MARK KAMAS AND JON CASEY AS POLICE RESERVES EFFECTIVE JUNE 1, 1977" (Gary Swanson and Kathy Moore resigned) AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson and President Junker NAYS- -None (see resolutions) 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "PROMOTING ARNOLD PELTIER TO CAPTAIN OF THE VOLUNTEER FIRE DEPARTMENT" effective June 1, 1977. Ayes--Councilmen Mahoney and Peterson and President Junker NAYS -- Councilwoman Bodlovick (see resolutions) 3. Mr. Abrahamson reported that Mr. Ed Linner on South Greeley Street has complained about the "No Parking" signs in front of his home and asked that they be removed. (no action taken) PUBLIC WORKS 1. Mr. and the Council that we shouldrnotecontinue sodding okeep areawupd Ditch after the initial time. 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "INSTALLING A LOADING ZONE 8:00 A. M. TO NOON" sign on Third and Myrtle by the old Presbyterian Church building as requested ✓ by Mr. Jerry Perkl. AYES -- Council woman Bodlovick, Councilman Mahoney, Peterson and Mayor Junker NAYS - -None (see resolutions) 3. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Acting City Clerk was directed to advertise for a heavy equipment operator for the Street Department to replace Howard Hagen who will be retiring in August, 1977. (all in favor) 4. Discussion was held regarding pay received by City Employees for time spent at National Guard Camp and other services outside of their regular employment. The City Attorney was directed to check this out and report back to the Council at their next regular meeting. 249 \ • • 1 r • (2 5 0 • • 5. On motion of Councilman Peterson ,seconded by Councilman Mahoney, Jack Shelton was instructed to arrange a series of evenings for the Energy Awareness Program for the City with the assistance of Jeanette Lorry and that this be properly advertised through the local newspapers and the radio station. (all in favor) 6. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council authorized the purchase of a third pump for the South Lift Station which will be paid for out of the Sewer Revenue Fund. (all in favor) 7. Mr. Shelton reported on the rental of the City easement for pastureland to Mr. Johanson and it was decided not to rent same due to the many problems that could arise for the small amount that would be paid for use of same. Mr. Shelton is to advise Mr. Johanson that the City is not interested in his proposal. PARKS AND RECREATION Mr. Blekum brought up the matter of the comp time for Mr. Brothen and the portions of the Personnel Policy that would govern such comp time and he was informed that this would be brought up at the nest regular meeting of the Recreation Commission along with the Administrative Committee. ADMINISTRATIVE No report CITY ATTORNEY'S REPORT None APPROVAL OF MINUTES On motion of Councilman following meetings were May 10, 1977 May 17, 1977 May 24, 1977 June 1, 1977 COUNCIL REQUEST ITEMS On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, Bill Burtzlaff was appointed to the Recreation Conmission to replace Bernard Peltier who has resigned. (all in favor) QUESTIONS FROM THE PRESS REPRESENTATIVES None ORDINANCES None June 7, 1977 Peterson, seconeed by Councilman Mahoney, minutes of the approved: Regular Meeting 7:30 P. M. Special Meeting 6:30 P. M. Regular Meeting 7:30 P. M. Special Meeting 6:30 P. M. RESOLUTIONS - -The following resolutions were read and on roll call were adopted: 1. Directing the Payment of the Bills. 2. Employ Police Reserves - Kamas and Casey 3, Promote Arnold Peltier to Captain of the Volunteer Firemen (Councilwoman Bodlovick opposed) 4. Loading Zone - Third and Myrtle Streets. 5. Adopting the 1977 Budget (repass) ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Mahoney, the meeting adjourned at 10:15 P. M. Attest: ..;.�..___77��� .� �Jr A -� Acti45g City Clerk Mayor • Impede • • 1 •