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HomeMy WebLinkAbout1978-02-21 CC MIN• • e • COUNCIL CHAMBER Stillwater, Minnesota February 21, 1978 7:30 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by Acting City Clerk, Schnell. Present: Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell • and Mayor Junker Absent: None Also Present: Acting City Clerk, Schnell; City Attorney, Kimmel, Superin- tendent of Public Works, Shelton; Public Safety Director, Abrahamson (arrived at 9 P. M.); Director of Parks and Recreation, Blekum; Consulting Engineer, Elliott; Chairman of the Planning Commission, Zoller Press: Stillwater Evening Gazette -- Bob Liberty White Bear Free Press - Laurel Chambers Citizens: Mr. & Mrs. Alex Kraemer, Rod Lawson, Dan Brookman, Joyce Amdahl, B. E. Bogeskov, Rod Aeselen, Ruby Westbury INDIVIDUALS- DELEGATIONS 1. DAN BROOKMAN appeared before the City Council requesting permission to charge admission for a Softball League, permission for the use of Lily Lake Field on May 2, 1978 for this event and a permit for the sale of 3.2 Beer for this event. On motion of Councilman Powell, seconded by Councilman Peterson, the Council directed that there be a special meeting of the Recreation Commission to be called by the Director of Parks and Recreation on this matter and that they report back to the Council at their next regular meeting on March 7th with the purpose of this meeting to setup guidelines for such events and that Mr. Brookman be invited to this meeting. (all in favor) 2. MR. ROD LAWSON appeared before the City Council in behalf of the residents on Riverview Drive concerning the request from Gene Erickson for a building permit on Riverview Drive, and in talking with the Building Inspector that the plans had been resubmitted and he did not feel that the height factor,contrary to the last meeting when the permit was turned down, any variance to setback,that they also consider the height of the other house along Riverview Drive. He was asking that the Council before any permit is issued that those plans come before the Council for approval or else that the height of any house along Riverview conform to the height of the two houses that are already there. _ COUNCILMAN PETERSON questioned whether or not Mr. Erickson had applied for a building permit and MR. NISKA responded that he had not as he has many things to do to comply with the building code items and questions were raised as to whether or not the new plans wen the same as previously submitted and there was some doubt in this matter. MR. KIMMEL stated that essentially what Rod Lawson is suggesting is that this procedure would be out of the context of the ordinance - the appropriate procedure --� is for the plans to be submitted to the Building Inspector and for the Building Inspector to take the action that he is suppose to take on it and didn't feel that there is anything before the Council at this time for the Council to rule on. There was the last time that they ruled on it and that was the variance on the 12 foot setback - right now there is nothing before the Council and that they would have to have a hearing on that question. COUNCILMAN PETERSON stated that the intent at the last meeting was and the consesus of the Council and the neighbors that if Mr. Erickson complied with the existing setback of the other homes in that area and also the height there would be no objection. MR. KIMMEL said that that was not a legal motion - the Council may have discussed that and felt that, but that was not the issue before you - basically what was before you was whether or not you were going to grant a 12 foot setback variance and that is the only thing you really decided on and anything else that was said would not be legally binding. • 391 • • J • • ( 39 2 • 1 February 21, 1978 COUNCILMAN PETERSON questioned whether Mr. Erickson should be requited to come in for a variance from the 30 foot setback and Mr. Kimmel felt that this is a decision that should be made by Mr. Lawson, the Building Inspector, and if either party disagrees with that they have a right to appeal to the Council - procedurally Mr. Lawson has the right to make that decision and if it is appealed then the Council has the right to make up their minds after they have heard the facts. ROD LAWSON did not feel that thigg is fair to the 13 families in this area in view of what the Council express7it previous meetings and he said Mr. John Lawson felt that he might be compelled to issue a building permit if this house has 17 foot setback regardless of height and that they had raised the question before and they did not feel that was what the previous variances meant. MR. KIMMEL stated that Mr. Lawson, the Building Inspector, has an obligation to follow the ordinance and he has to determine what that ordinance says - he is the person that does that - there was nothing before the Council on that 17 foot setback on the night of the public hearing; the only thing was whether or not they were going to grant a 12 foot variance and legally that is all that they can decide - they can't decide issues that are not before them. If they do, they are obviously wrong and the court would obviously overturn their decision. They have to wait until something comes before them procedurely as far as he was concerned. ROD LAWSON felt that there was a question before the Council at this time and that was the interpretation of the ordinance and did not feel that was up to the Building Inspector alone. MR. KR4MEL stated that without the Ericksons here or the application for the building permit that the Council can't make a decision without Mr. Erickson being represented and being heard, etc. ROD LAWSON stated that rather than have the Building Inspector issue a building permit for a house that is ten feet higher than either of the aijoining houses that the Council instruct the Building Inspector to bring that matter before the Council if and when such an application does come to him. MR. KIMMEL stated that there is no such authorization in the ordinance that the Council should follow the law. ROD LAWSON stated that the alternative at this point would be to determine the intent of the ordinance before issuing the building permit as he felt it was very unfair to the people in the community who had their houses already established to require them after a building permit has been issued to come in and he felt there must be some way that could be worked out ahead of time. MR. KIMMEL could not figure out how an issue could be prejudged before the issue is brought before the Council - got to follow the procedure setforth in the ordinance and that is somebody comes in for a building permit, the Building Inspector either grants the permit or denies it and the party has a right to appeal it, if he denies it. ROD LAWSON did not feel that it is the Building Inspector's job alone to determine the meaning of that ordinance and he said the Building Inspector agreed with him on that score. COUNCILMAN POWELL asked if the Council amended the ordinance to cover areas where setbacks and height limitations have been established what any building must con- form with these limitations. He felt that these people should not be deprived of something that they paid for and have. MR. KIMMEL stated that they could do it but questioned whether it would be legal. MR. NISKA said that the building will exceed the 2k stories by a half story as the house he is proposing is a three story house. MAYOR JUNKER felt that the Building Inspector could make this decision - then he should bring it to the Council but until then there was nothing that the Council could do about this. MR. KIMMEL said that legally the Council cannot decide an issue until it is brought before them and at this point they have nothing to act on. In his conversations with John Lawson he believes the ordinance does not require that you conform to a single family structure, and he has told the Erickson's that as far as the height limitation is concerned. He thinks that the 17 foot setback is established without any height limitation, but he hasn't made that decision yet. r • • ■ 0 • • • February 21, 1978 COUNCILMAN PETERSON felt that Mr. Erickson is going to come in with the same house, although it might be placed on the lots in a different manner and he felt it would save a lot of problems if the Council indicated to the Building Inspector if somebody comes in with a 22 foot height as it was before that in- stead of issuing the building permit at the time he should forward it to the Council. He felt whether it was legal o:: not - from a practical standpoint he would be coming in with the same thing and there would be the same discussion and it would require the residents up there to come in with an injunction. MR. KIMMEL said they would not be required to get an injunction, but they would be required to come in before the City Council, if a building permit is issued. MR. KItM1EL felt that if the Council Fri judges the issue by telling the Building Inspector they don't want him to use his best descretion and issue it by the very fact that they prejudge it, is an appealable error in the first place. ROD LAWSON did not feel this way in this situation as he felt it would be like a mortorium until they get a problem worked out. JOYCE AMDAHL who lives in the area alerted the Council to the fact that there are other lots in the area and questioned if they are going to have to go through this hassel everytime somebody wants to build a home here. She felt that there should be some special restrictions adopted for this and other areas who pay higher taxes for this view. MR. KIMMEL felt that passing an ordinance in which you could not obstruct some- ... body's view would be illegal - an illegal consideration. As far as this issue is concerned he felt that it is not procedurally before the Council - if the Council wants to instruct the Building Inspector not to take any action on it, they would do that, but did not feel that procedurally that is the way it should be handled, and the Council should follow the ordinance - if John turns the building permit down - he turns him down - if he approves it - he approves it, or if he doesn't want to make a decision and passes it on to the Council, then he has done something with it - essentially he is the one that is suppose to make these decisions and he makes them otherwise and most of them the Council knows that he makes. COUNCILMAN PETERSON asked what would happen if the Council requested the Building Inspector to not approve any building permits that came in with this height. MR KIMMEL asked on what authority the Council would do this and COUNCILMAN PETERSON felt that the objection that was raised was the height and that it does not conform with the houses in the neighborhood, and the Council has been down this path before. MR. KIMMEL felt that Mr. Erickson could go to court if the permit was not issued and appeal the decision or he can come before the Council to make a decision, in either event the Council is not following the procedure of the ordinance. The procedure requires that you come before the Building Inspector for a building permit and this procedure should be followed. ROD LAWSON stated that they already have two houses in there with the 17 foot setback but that is not the only variance from the ordinance along with a certain height and the last one had as a part of the permit that was issued height re- - striations and he felt the Council should instruct the Building Inspector that this area not just have the 17 foot setback but also have a building height restricton because the last variance that was given was not a variance to set- back alone but a variance with setback and height restriction. This was his reasoning for that - the Council instruct the Building Inspector on this matter. MAYOR JUNKER asked if the Council could make a motion as to height restriction ..J and MR. KIMMEL said they could make one, but he didn't feel that it was appro- priate to do that this evening - - it would be illegal to do that this evening. COUNCILMAN POWELL asked why his suggestion would be illegal to cover any con- tingency that might arise on some of those other lots. MR. KIMMEL did not feel that an aethestic type ordinance about blocking somebody's view is a legal ordinance - don't have a right to have your view blocked. The legal purpose of a zoning ordinance is police power to protect the public health and safety, and to use that zoning ordinance to keep somebody's view from being blocked is not a legal way to use it. COUNCILMAN POWELL stated that up to now it has been a voluntary thing and felt that since the 17 foot setback has been established that they also use the height restriction. COUNCILMAN MAHONEY stated that Ron said that if the plan came in as originally submitted that it would not be approved because it is beyond the height limitation of the ordinance as it is. 393 • 1 • • • • !394 February 21, 1978 COUNCILWOMAN BODLOVICK asked about the height restriction of the last home and questioned whether it was written into the building permit and Mr. Kimmel stated that it was written into the Special Use Permit. On motion of Councilman Peterson, seconded by Councilman Powell that the Building Inspector be instructed to forward any building permit plans on this piece of property on Riverview Drive that exceeds the existing height of other homes on this street to the City Council. AYES -- Councilmen Peterson and Powell NAYS -- Councilwoman Bodlovick, Councilman Mahoney and Mayor Junker. (Motion defeated) 3. MR. B. E. BOGESKOV appeared before the Council regarding a mooring permit for his yacht, Bogey's Cove II for the summer months in Lowell Park. He would be there two or three times per week. He lives on the boat himself with his wife and the captain and they had 13 charters last summer. On motion of Councilman Peterson, seconded by Councilman Powell, the Council referred this request to the Planning Commission and the Recreation Commission to setup some guidelines for such requests and that Mr. Bogeskov be invited to this meeting. (all in favor) 4. RUBY WESTBURY, Work Relief Job Coordinator requested that the City of Stillwater utilize some of the General Assistance persons by giving them jobs in some of the City's Departments. This is free labor to the City and if they do not perform they are referred to the social worker. The recipients are covered by insurance by the County - she thought it would be possible to use these people in shoveling the hydrants within the City. There is no intention of putting them to work or displacing any employees. Mayor Junker directed, along with the Council, that Mr. Shelton and Mr. Blekum get in contact with Mrs. Westbury to secure some of this help for their departments. PUBLIC HEARINGS - -- -This was the day and time set for the public hearing for the proposed uses for Federal Revenue Sharing Funds in the amount of $95,666. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City on February 8, 1978. The Mayor opened the hearing. JEFF ZOLLER asked what the Council is going to do about the Master Plan and requested that some monies be set aside for this purpose. MR. BLEKUM requested approximately $10,000 for the completion of the Croixwood Seventh Addition Park - there will be the costs involved in the moving of the building to this site and the repair work and painting in the amount of $2,000 and money for the balance of the tennis court work to supplement the donation from the Margaret Rivers Foundation. The Mayor closed the hearing 5. MR. ROD AESELEN of the Grant Land Co. appeared before the City Council requesting a septic tank permit for a parcel of land on the west end of Orleans Street be- fore he completes the sale of this parcel of land for building within a couple of years. There were some questions reaised about the possibility of sewer -being available within two blocks of this property since the City is currently putting in a system on the Feely property. Questions were raised as to whether this property is in the City and it was determined that it was. There is no City road there, but they would put a driveway over the City easement abutting this property. MR. KItMEL questioned the dividing of this property as to whether or not it was legally done, and he felt that it could have been improperly divided. On motion of Councilman Peterson, seconded by Councilman Mahoney, the request for sewer and water for this property on Orleans Street was referred to the City Attorney, the Building Inspector and the City's Engineer for their study and recommendation at the next regular meeting. (all in favor) r • • • • • • February 21, 1978 eaN UNFINISHED BUSINESS 1. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council authorized the expenditure of $560.00 as a uniform allowance for the Volunteer Firemen for 1978. (all in favor) 2. Councilman Peterson reviewed the problems that the City has been exper- iencing with the Pizinger Lift Station and that the City has expended about $5,900 on this lift station and we continue to have problems and we should do something about it. Mr. Elliott reviewed why this system was put in and it is used quite extensively in areas around lakes and he was appalled at these costs. His office would like to check this out with the concern that installed same. On motion of Councilman Peterson, seconded by Councilman Mahoney, Mr. Shelton and Mr. Elliott were instructed to get hold of Weldor Pump and find out what the problems are with this lift station. (all in favor) THE MAYOR DECLARED A RECESS FROM 8:30 P. M. TO 8:45 P. M. 3. On motion of Councilman Peterson, seconeed by Councilman Mahoney, a resolution was introduced "ESTABLISHING THE SALARY TO BE PAID TO GEORGE DIETHERT AT 500 OVER THE RATE OF THE HEAVY EQUIPMENT OPERATOR ", said rate for the current year shall be retro- active to January 1, 1978. AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 4. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the City Attorney was directed to check with Jack and George on the matter of the liability for the repair of the Ford truck and who should pay for such repairs. (all in favor) NEW BUSINESS 1. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council authorized the expenditure of money for a new hydrant at the northwest corner of the old prison building which would replace three 1881 hydrants and requested by the Board of Water Commissioners. (all in favor) 2. On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, the hearing date for Case No. 291 for a Special Use Permit for the Powell Sign Co. was set for March 7, 1978 at 7:30 P. M. (all in favor) 3. JEFF ZOLLER informed the City Council that Jerry Smith is resigning from the Planning Commission and he will submit the name of a replacement at the next regular meeting INDIVIDUALS AND DELGATIONS - continued None at this point in the meeting. APPLICATIONS On motion of Councilman Peterson, seconded by Councilnan Mahoney, the following Contractor's Licenses were approved: Bloomington Roofing 8836 Dupont Ave., S., Bloomington, Mn. 55420 Eugene J. Eastlund & Richard Dummer 10530 - 114th Sr. N., Stillwater General Home Remodelers 6873 - 10th St. N., St. Paul, Mn. 55119 Gary Teed Construction 10155 Perkins Ave. N., Stillwater Roofing Insulation General Masonry & Brick Work New New Renewal Renewal - - -On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council granted a Cigarette License to David R. Carlson - Texaco Service, Second Street, Stillwater for the year 1978. (all in favor - renewal) 395`. • • • • ;396 Februrary 21, 1978 COMMUNICATIONS - -From Harold Kimmel resigning his position as City Attorney. COUNCILWOMAN BODLOVICK expressed her thanks to Mr. Kimmel for all of the help she has received from him and in the line of looking froward to another City Attorney felt that the City should take applications. COUNCILMAN PETERSON felt that it would also be worthwhile to have a news article in the local paper indicating that the City is taking applications for the City Attorney's job - anyone interested should submit a resume to the City Clerk's office. - -From the Metro Council - notice of a public meeting to discuss a Proposed Addition to the Metropolitan Council's Housing Review Guidelines - February 27, 1978. On motion of Councilman Peterson, seconded by Councilman Mahoney, The Acting Acting Clerk is to contact the CVS Coordinator about the possibility of attending this meeting. (all in favor) - -From the League.df Minnesota Cities regarding the Legislative Conference on March 1, 1978. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council directed that the Mayor should attend this meeting. (all in favor) CITY COORDINATOR'S REPORT 1. On motion of Councilman Powell, seconded by Councilman Peterson, the Council set the date for Staff Meetings at 6:15 P. M. on the second meeting night of the month preceding the Council meeting. (all in favor) 2. The Acting City Clerk asked the Council for a meeting date to meet with the County regarding the CETA employees - said meeting will be held on March 8, 1978 at 6:30 P. M. 3. On motion of Councilman Powell, seconded by Councilman Mahoney, the Excavator Bond in the amount of $5,000 for David Junker dba Junker Excavating was approved. (all in favor) 4. On motion of Councilman Mahoney, seconded by Councilman Powell, the Mayor and the Acting City Clerk were authorized to sign the contract agreement for the Official Tour Booklet project. (a11 in favor) 5. On motion of Councilman Peterson, seconded by Councilman Powell, the Council authorized the expenditure of $150.00 for the fire hydrant repair at the old Prison Site. (all in favor) 6. The City Council will meet with the Minnesota Energy Commission at 7:00 P. M. Tuesday, March 14, 1978. 7. The Council did not wish to allocate monies for a fireworks display for either the Fourth of July or Lumberjack Days at this time. CONSULTING ENGINEER'S REPORT MR. ELLIOTT reported on the William O'Brien and Associates Plat for the Reliance Development Corporation and he stated that the area can be very easily served and water can be provided - sanitary sewer is more difficult and would have to be provided with a major lift station from a forcemain which was constructed as part of the Myrtle Street project which was about an $18,000 investment. There is a possibility that this lift station could be done in conjunction with Stillwater Township as it will serve a part of their area. It is possible that there would be a joint hearing on it. He made comments about the report made by the Building Inspection Department and many of the things he felt were very good and relative to the preliminary study for services felt that the City should be reimbursed for the engineering for these studies for any new development, or whatever. On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced "REQUIRING THAT THE DEVELOPER BE INFORMED OF THE COST OF THE PRELIMINARY STUDY AND BE REQUIRED TO PAY THIS FEE BEFORE THE STUDY IS PREPARED." AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) • • • • 4 4 1 • • reN PUBLIC SAFETY No report February 21, 1978 COMMITTEE REPORTS PUBLIC WORKS 1. On motion of Councilman Powell, seconded by Councilman Peterson, the Council granted permission for George Diethert and Jack Shelton to attend the Tree Inspector's School. (all in favor) ?ARKS AND RECREATION 1. On motion of Councilman Mahoney, seconded by Councilman Powell, the City Attorney was directed to look into the possibility of the Council passing an ordinance "Banning Motor Bikes and Cyles in all City Parks and other Designated Areas ". (all in favor) ADMINISTRATIVE None CITY ATTORNEY 1. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council confirmed the suspension of Police Officer Gary LaMotte for five working days on two charges : (1) Missing one court appearance and (2) Insubordination and disrespect towards a superior officer. (all in favor) APPROVAL OF MINUTES On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, minutes of the following meetings were approved: (One correction was made in the minutes of February 7, 1978 - delete the date of the resignation for Alfred Roepke) January 24, 1978 January 31, 1978 February 7, 1978 (all in favor) Regular Meeting Special Meeting Regular Meeting 7:30 P. M. 6:31 P. M. 7:30 P. M. COUNCIL REQUEST ITEMS 1. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council directed that the parking place alloted on Chestnut and Main Street to the Stillwater Taxi Co. be removed and continue the use of the one on Main Street by the Valley Dri- Kleenette. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman Mahoney the contracts for the receipt of funds from the Metro Council for the Master Plan be referred to the City Attorney for his study and recommendation. (all in favor) 3. The matter of the proposed Family Housing to be constructed in the Metro area was discussed and before the Council makes a decision on this matter, they would like to have more information and requested that a representative i..y from the Metro Council be at the next regular meeting to fully explain this new program. { 4. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "OPPOSING THE BILL INTRODUCED BY SENATOR I SIKORSKI FOR INCREASAG THE MEMBERSHIP OF THE WASHINGTON COUNTY BOARD TO SEVEN MEMBERS." 1 1 AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 5. Police Chief Wallace Abrahamson asked if the Council was willing to enter into a cooperative agreement with Lake Elmo for our Animal Control Officer and the Council felt that since Mr. Conley has taken over the meters that he would not have the time to take care of their animal problems. 6. Mr. Zoller requested that the City Council plan to meet with the Planning Commission at 6:00 P. M. on Monday, March 6, 1978 regarding the Master Plan for the City. • 397'. • • .(3 ORDINANCES None RESOLUTIONS The following resolutions were read and on roll were unanimously adopted: 1. Salary Policy for George Diethert Street Foreman 2. Prepayment of Feasibility Studies 3. Opposing Legistlation for the Seven Members for the Washington County Commissioner's Board. ADJOURNMENT February 21, 1978 On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the meeting adjourned at 9:30 P. M. Attest: .2e.AnLGQ Actin City Clerk Mayor 411 • • • •