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HomeMy WebLinkAbout1978-03-21 CC MIN• • • ( COUNCIL CHAMBER Stillwater, Minnesota March 21, 1978 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: Press: None Citizens: Acting City Clerk, Schnell; City Attorney, Kimmel; Superin- tendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineer, Elliott; Chairman of the Planning Commission - Zoller Steve Vinck, Jon Hennan, Mr. & Mrs. Alex Kraemer, Mr. & Mrs. Wendell Beardsley, Mr. & Mrs. Charles Berg, Andrew Finken, Franklin Peterson, Mr. & Mrs. Jack Dielentheis, Mr. & Mrs. Burgee Amdah., Mr. & Mrs. Gene Erickson, Stan Hanks, Leo Siegler, Edward Davidson, Tim Welch, Art Palmer. NEW BUSINESS (out of order) On motion of Councilman Mahoney, seconded by Councilman Peterson, a resolution was introduced "EMPLOYING DAVID T. MAGNUSON AS CITY ATTORNEY AS OF MARCH 16, 1978" AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and President Junker NAYS - -None (see resolutions) (At this time the Acting City Clerk administered the OATH OF OFFICE to Mr. Magnuson) INDIVIDUALS - DELEGATIONS 1. MR. STEPEHN VINCK appeared before the City Council regarding the sale of his property in Penthouse Acres (Leitte's Plat). He has been paying taxes on this lot for seven years since it is considered a buildable lot and due to the moratorium placed on same, he is unable to obtain a building permit. At this time he is going to enter into another business and would like to sell the lot, but is unable to do so unless the purchaser can build a home on this property. On motion of Councilman Powell, seconded by Councilman Peterson, the Council authorized the granting of a building permit on Mr. Vinck's lot in Penthouse Acres. (all in favor) On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the City Attorney was instructed to inform Mr. Leitte that if he does not finish his plat within three months, that the City will do same with the Escrow money which the City is holding. (all in favor) 2. SANDRA WESTERGREEN, 713 Northland Avenue, appeared before the City Council request- ing a kennel license for quality breeding of Dobermans and will be keeping the animals there. She has a fencedin yard and was advised to do so by her income tax lady. COUNCILMAN POWELL raised the question of whether or not her neighbors would be opposed and felt that it should be referred to the Planning Commission for their study and recommendation and that this would be good communications with her neighbors and would be good public relations. COUNCILMAN PETERSON also felt that this would be a good idea and that the Council is not necessarily opposed to such a request. It would be good that her neighbors would be aware of the fact that she has a kennel license. On motion of Councilman Peterson, seconded by Councilman Powell, Mrs. Westergreen's request for a kennel license be referred to the Planning Commission for their study and recommendation and report back at the next regular meeting. (all in favor) • • • • • • (March 21, 1978) ISM 3. MR. JON HEENAN of the Bristol Yachting Corporation appeared before the City Council requesting loading and unloading space for three charter boats - one for Tim Johnson for the "Croixside ", one for B. E. Bogeskov for the Bogey Cove II, and one for Dolphin Yacht Charters for "Tom Dolphin II ". These boats are now in the Florida area and will be returning to Minneapolis and he was requesting three things. The first one would be to put together a package deal with local maps, restaurants, shops, etc. in the Stillwater area. They would suggest to the parties that would be going on the charter that they come to Stillwater ahead of the Charter and learn more about Stillwater. They will be meeting the editors of the various area newspapers for their promotional advertising fot the charters and the other facets of his company. The grand opening of the boating season will be Memorial Day and they will have a press party on the boats. They are requesting a permit to pick up these people at the municipal dock area - this would be on the south side of the bridge - south of the area where the charter boat Jubillee II is now docked. There are about 240 feet of wall area there and they anticipate the need for an area of 100 feet. They have the use of the marine telephone system and they arrange the time for the pickup, contact the boat which comes into the dock to pick up the passengers. This will take about 15 minutes pickup and for disembarkation. The average charter about ten couples or 20 people. They anticipate that the majority of the charters would be social or company groups and they would possibly come together in cars, so there would be five to ten cars in the area. The season is May 30th through September 30th with about 120 darters and that they are looking w+ at about four million dollars of expendable income that would not necessarily come to Stillwater or visit Stillwater unlessthe charters did not embark from this port. e He has the authorization for the $100.00 for each of these boats for the leasing fees. They realize that it is a municipal dock and they would like the potential of denoting this 100 feet be posted as "CHARTER PICKUP AREA ". They do not want to completely tie up this area. Also that it be posted that you do not leave your vessel unattended without a competent captain on board. He also made reference to the fact that the wall height is extremely low and it is very difficult to pull up to same. He requested that a bumper board be installed or the use of some type of tug with a pushboard. He suggested that there should be four of these barriers in this area. He recommended cleats instead of rings which are easier to hookup to. The Planning Commission and the Recreation Commission recommended that a specified area be set aside on a trial basis and guidelines be setup for next year and that the fees be set aside for future work on the wharfage area and that the City Council request the Corps of Engineers to dredge the sandbar in this area. Discussion was held regarding the work that had been planned to be done on the levee this year and Mr. Shelton briefly explained what these improvements are going to entail. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council authorized the issuance of the three permits and that we instruct Jack Shelton and Dick Blekum to look into the possibilities of putting posts in and to come back with a recommendation. (all in favor) 4. ART PALMER OF THE LOWELL INN appeared before the City Council requesting a building permit to extend his wine storage area which was granted on a variance - 475 square feet of additional storage with a block wall on the west and a second wall with a door in it against the Matterhorn Room. He had been to the Building Inspector about it but he did not talk to the Planning Commission as they were hopeful that the Council would grant an application for a building permit for this additional extension without going through the hearings. COUNCILMAN PETERSON asked about the height of the new addition and MR. PALMER stated that they couldn't see this from the street level as it will be considerably below. RON NISKA made reference to the ordinance which requires that all new building additions in a commercial area require a Special Use Permit. The Council agreed that he already had the Special Use Permit previously and that this would be just an extension of this permit. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, that Mr. Palmer be allowed to make this improvement with the approval of the Building Inspectors to see that everything is done properly and that a Special Use Permit be granted for this particular addition. (all in favor) JEFF ZOLLER did not feel that it was necessary that the Planning Commission would have to take action on this request. 407 • • • 408 • March 21, 1978 5. TIM WELCH appeared before the City Council regarding his proposal for the Nelson School property. They had the prepared plans and wanted to explain them to the Council. He indicated that he had appeared before the Planning Commission and were instructed as to the plans that had to be drawn and these plans are within the same variances. They hau concept approval and they have now continued with actual design and they would like to continue with the business of having the City Attorney prepare the deed for the purchase, etc. On motion of Councilman Powell, seconded by Councilman Peterson, the Council referred the proposed plans for the Nelson School Building to the Planning Commission and the Building Inspector. (all in favor) PUBLIC HEARINGS -- -This was the day and time tor the public hearing on Case No. 292 for a Special Use Permit for Stan Hanks for an office building at Third and Olive Streets. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on March 10, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. STAN HANKS briefly explained the layout of his building and showed his site and building plans to the members of the City Council. The Planning Commission unanimously approved of this Special Use Permit. LEO SIEGLER owner of the apartments across the street from this proposed build- ing asked about the height of the building on the Third Street side and whether there would be off - street parking. He also questioned the parking for the business just to the south of this location which should have been required to have off - street parking, when they got their Special Use Permit. He was informed that Mr. Nolde did not need a Special Use Permit at the time that he started his business as the ordinance did not require such permits at that time. This whole block is Commercial, and with the new ordinance Mr. Hanks is required to obtain a Special Use Permit. MR. SIEGLER also questioned whether his property is also Commercial but he was informed that his side of the street is "residential" and the east side of Third, that whole block, is "Commercial ". He was informed that the height of this building would be about 22 feet and there is no problem with this. MR. NISKA informed the Council that there are no height limitations for Commercial construction. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilman Powell, the Council granted the Special Use Permit to Mr. Stan Hanks for the proposed office building on Third and Olive Streets as recommended by the Planning Commission. (all in favor) THE MAYOR DECLARED A RECESS FROM 8:25 TO 8:40 P. M. -- -This was the day and time set for the public hearing for a Building Permit for Gene Erickson, 1415 Riverview Drive. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City and copies were mailed to all owners within 300 feet. The Mayor opened the hearing. DAVID T. MAGNUSON: Mr. Mayor, I think before you proceed, I should indicate to everyone here and for the record that until last Thursday I served as Mr. Erick - sons' lawyer and have withdrawn in that capacity, but I think because of that I can't act as the Council's lawyer in regard to this. I would ask that they proceed not on the basis of any advice I might give them, but on the basis of the advice that Mr. Kimmel has already provided. (Mr. Magnuson stepped down from his seat at the Council bench during this public hearing). COUNCILMAN PETERSON asked Mr. Erickson if he has made any changes in his plans and he replied that with the different grades which were discussed at the last meeting brought the structure within the legal height limits - it is less than 21/2 stories or the 35 feet and it will be well below the code. • • • • • • • March 21, 1978 RAYMOND MARSHALL representing MR ALEX KRAEMER and other neighbors presented to the City Council some sketches of the houses in the area - the Kalinoff house and the Simpson house - the setback and the height which were applicable to those and also to the proposed Erickson House. Two basic issues in this building permit - to his knowledge no one in the neighborhood objects to the Erickson's trying to build a house there, the only problem is to have the house in conformance with the ordinances and similar to the other houses in the neighborhood. It was their position that the variance procedure should be followed here for both the issue of setback and the issue of the height and since the Building Inspector does not have the authority to simply issue a building permit based on what has been sub- mitted thus far. He was not sure what changes had been made in the plans that Mr. Erickson submitted - it was his understanding the essential change was that it was moved back further on the lot and the setback is approximately 17 feet which was confirmed. He asked Mr. Erickson about the porticol location and he replied that there is no longer a porticol proposed - it has been taken off. The reason for the 17 foot setback is because of the setbacks for the Simpson and Kalinoff homes. Therefore, that is the established variance setback for that neighborhood, but that doesn't mean that automatically that the next person that ry comes in should be granted a building permit. He felt that the variance procedure would have to be followed. It was his understanding with reference to the height what has been a problem in the past was the formula which Mr. Kraemer will go into some detail - it essentially invol p�gg the roof line of the Simpson house and the Kalinoff house to arrive aryd proposed roof line would be for Mr. Erickson's House. His understanding based on this formula, the plan submitted would be approxi- mately 12 feet higher than the roof profile of either the Kalinoff or Simpson house. He felt that this constituted a serious problem, one for which the variance request should be denied - at least in its present form. (He made reference to a letter from the former City Attorney dated November 15, 1977 to Mr. Zoller regarding this application which he quoted at this time.) He felt that it would be an injustice to grant these variances based on the letter which he had received from Mr. Thornton Simpson who was unable to attend these hearings. He asked that the Council direct this applicant to follow the variance pro- cedures and he felt that the Planning Commission has not adequately studied the questions and he asked that the same height and roof profile lines that were applied to the Simpson and Kalinoff houses be applied to the proposed Erickson house. ALEX KRAEMER, 1410 Riverview Drive, gave a long detailed reported on the plot plan relative to the setbacks and heights of the various homes in this area. WENDELL BEARDSLEY, 1412 Riverview Drive, stated that he was one of the first ones to purchase a lot in this development and that he designed a number of the homes in this area including the Kalinoff home which was designed with a low roof profile. Mr. Lupient had come in for a building permit with a zero setback on Lots X, Y, and Z which was denied. In 1970 Mr. Simpson was issued a building permit with a 30 foot setback and Mr. Dielentheis objected and restrictions were placed on both of the lots Mr. Simpson owned and lost the total value of the one lot by building with a 17 foot setback and other restrictions which were placed on both of his lots. Since the Council set the precedent in setting the same restrictions on the Simpson house and the Kalinoff house it is reasonable that the same restrictions should be placed on any variance application here or any ^-- other lot - there is still one more lot here. COUNCILWOMAN BODLOVICK asked Mr. Beardsley what his overall height would be for the proposed Erickson house on his particular lot and he said that the same restrictions should be applied as to Mr. Simpson - no higher than 15 feet. COUNCILMAN POWELL stated that Mr. Simpson's house is a little lower because of the grade and MR. BEARDSLEY stated that he put in his own street and does set lower, and he would be inclined to accept the same height as the Kalinoff house. There were three lots which were directly affected and they are the ones that should be asked this question as to the acceptable height. MAYOR JUNKER asked Mr. Niska if the current plan would be in accordance with the ordinances and MR. NISKA replied that in their opinion it is - he raised the grade in the front of the house to make the height at the front 22 feet and two stories - the zoning ordinance requires 35 feet or 2 stories whichever is less. He meets both of those requirements. As far as setback we went according to Section 20 in the Zoning Ordinance which states "where a uniform setback exists which is less or greater than 30 feet any building or structure hereafter erected shall conform to said established setback ". COUNCILMAN PETERSON made reference to Mr. Kimmel's letter of November 15th in which he disagreed with the Building Department on this from a legal standpoint. 4O9 • • • 1 • . Rio • • March 21, 1978 JACK DIELENTHEIS, 1505 North First Street, stated that those residents who live there now don't object to the Ericksons as neighbors -- the only objection they have is to the height of their property in relation to theirs. All that they were asking when they take this into consideration, they take into con- sideration the neighbors that are already there and who in the past have bought or built keeping in mind the City Ordinances as they exist and if the Council does grant the variances that they place some limitations on the height of the homes built between them and the river. MR. BURGEE AMDAHL, 1421 North First Street, who lives on the west side of River- view and they would hate to see a 95 foot house or a 35 foot house built here - this house does not affect their view but they are concerned about the conform- ity - he purchased the home that he did buy several years with the knowledge of some of the limitations that were placed on the Simpson house. He respectfully hoped that the Council would consider placing height restrictions on all of Riverview Drive on the East side, so that the area could be retained for all of them to enjoy - not limited to one side of the street. MR. MARSHALL asked Mr. Niska if they had compared this roof line with the Simpson and Kalinoff houses and he replied "no ". Mr. Marshall added that the primary concern was the roof line. The Mayor closed the hearing. COUNCILMAN POWELL moved that the building permit be issued provided that the 17 foot setback is adhered to and that the roof line of the Erickson house conforms to that of the Kalinoff house. COUNCILMAN PETERSON felt that the motion was out of order as the Council had to act on the request as submitted to them - they can indicate as part of the motion to either accept or deny it as they feel it is a policy or they feel that a policy has been established and COUNCILMAN POWELL felt that one motion possibly could have taken care of the entire matter -(the motion was withdrawn). COUNCILMAN POWELL made a motion that the request be denied for the building permit for the new plan submitted. COUNCILMAN PETERSON seconded the motion. COUNCILMAN PETERSON amended the motion to include that the reason for denial being the fact that the letter from the former City Attorney dated November 15, 1977 addressed to Jeff Zoller indicates that he does not feel that there are two homes built with a 17 foot setback necessarily establishes the setback without securing the variances for the height limitations - houses in that area, which is a unique area should be consistent with the others and due to the fact that there are other buildable lots in the area that they try to be consistent with what is already there. VOTE ON THE MOTION - AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson and Powell NAYS - -None Abstained - Mayor Junker (motion carried) UNFINISHED BUSINESS 1. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, Al Ranum was appointed as a member of the Planning Commission to fill the unexpired term of Jerry Smith who has resigned. (all in favor) 2. On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, the City Attorney was directed to have Ed Davidson give the City an appraisal on the Nelson School Property at a cost not to exceed $150.00. (all in favor) NEW BUSINESS 1. On motion of Councilman Peterson, seconded by Councilman Powell, a resolution was introduced "EXTENDING THE RETIREMENT OF STANLEY LARSON FOR THREE YEARS ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. On motion of Councilman Mahoney, seconded by Councilman Powell, the Clerk made the first reading by title of an ordinance entitled "AN ORDINANCE PROVIDING FOR A SYSTEM OF NUMBERING FOR DWELLING HOMES AND BUILDINGS LOCATED WITHIN THE CITY OF STILLWATER AND PRESCRIBING A PENALTY FOR THE VIOLATION THEREOF ". (all in favor) r • • • • • • • ems (March 21, 1978) 3. On motion of Councilnan Mahoney, seconded by Councilman Powell, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 4. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "DIRECTING THE CITY ENGINEER TO R SPARE A ZONING MAP FOR THE CITY OF STILLWATER . AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) INDIVIDUALS - DELEGATIONS None at this point in the meeting. APPLICATIONS On motion of Councilnan Peterson, seconded by Councilman Mahoney, the following Contractor's Licenses were approved: Harlan Bruette - Bruette Roofing 8510 DeMontreville Trail, Lake Elmo 55042 Gan Dei, Inc. (Ganus J. Deiss) Box 294, Stillwater Janel Decorators 4030 Central Ave. N., Minneapolis 55421 Larry Olson Construction R. ()1, Amery, Wisconsin 54001 Roofing Renewal General New Painting Renewal General Renewal Lampert Yards, Inc. 146 Second Ave. N., Bayport 55003 Mon- Son's, Inc. 6000 Ashcroft Ave., Edina, Mn. 55424 Masonry & Brick Work New Peter A. Nasvik - Concrete Design Specialties Inc. 422 East Haskel, West St. Paul 55118 Masonry & Brick Work New General New - - -On motion of Councilman Peterson, seconded by Councilman Mahoney, a Cigarette License was approved for Doug Oaks - Brick Alley Restaurant, 423 South Main Street, Stillwater for the .ear 1978. (all in favor) COMMUNICATIONS From the Minnesota Department of Health regarding the quality of the municipal water supply. (no action) CITY COORDINATOR'S REPORT 1. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council authorized the acceptance of $317.00 on a claim of $400.00 at the Ice Arena as recommended by the Recreation Commission. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman Powell, the date of April 11, 1978 at 7:30 P. M. was set for the following cases:(Public Hearings) Case No. 313 - Charles Puleston, 903 North Fourth Street - Special Use Permit for a three plex Case No. 314 - Brian Nichols and Dave Magnuson, 110 South Greeley Street - Special Use Permit for an office Building (all in favor) 3. The Clerk indicated that the Board of Water Commission's Annual Report for 1978 is on file in the City Clerk's office 411 1 • _12 CITY ATTORNEY'S REPORT March 21, 1978 COMMITTEE REPORTS CONSULTING ENGINEER'S REPORT 1. MR. ELLIOTT reported that he and Mr. Shelton with representatives from Waldor Pump met out at the Pizinger Lift Station and the present pump has just recently been replaced. The design of the new pumps of this type have been considerably improved upon and he was not suggesting a change at this time. He stated that we have reasonably good equipment there which should be good for two to five years. Out of the investigation they found that there are a couple of things which could improve it - the float control has been improved upon in design and should be replaced and the electrical junction box is on the floor and it would be very desirable to get that up and off the floor. This potentially a $500 expenditure ($300 to Waldor for the float and $200 for the electrical work done). The ultimate would be to replace the pump some day when that which is in there is no longer any good - you are looking at a cost of $950.00. There are a good number of these pumps being used in other areas and we had one with a good share of trouble. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council authorized the expenditure of $500.00 for the float and the electrical work at the Pizinger Lift Station. (all in favor) PUBLIC SAFETY 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council authorized the purchase of the new radar equipment for the Police Department to come out of his regular budget. (all in favor) 2. On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced "AUTHORIZING SEVERANCE PAY AT 100 DAYS PRIOR TO MARCH 31, 1978 WITH HIS RETIREMENT DATE ACCEPTED FOR JUNE 1, 1978 FOR ALFRED ROEPKE ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell Mayor Junker NAYS- -None (see resolutions) PUBLIC WORKS No report PARKS AND RECREATION 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council directed that the City Attorney and the Director of Parks and Recreation draw up an ordinance prohibiting motor vehicles in City Parks. (all in favor) (Possibly can amend an ordinance passed in 1881) 2. Mr. Blekum inquired if the City has anything in writing about taking the Margaret Rivers Fund donation for tennis courts and use same for the tennis courts in the Croixwood Seventh Addition Park. The Mayor will write another letter to this Foundation on this matter. 3. Mr. Blekum inquired about the CETA employees and the Council agreed to study the situation and give Mr. Blekum a reply as to which of them will be kept on apexmanent employees. 4. Mr. Blekum informed the Council that he will be using work relief help from the Washington County Welfare Department from April 17th to September 15th - he will have two people and for the months of April and May he will have five people. 1. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a resolution was introduced "AUTHORIZING THE PAYMENT OF A $1,000 AWARD FOR A CONDEMNATION AWARD FOR THE JAMES MELTON PROPERTY ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) APPROVAL OF MINUTES On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, minutes of the following meetings were approved: February 21, 1978 Regular Meeting 7:30 P. M. March 7, 1978 Regular Meeting 7:30 P. M. (all in favor) • • • s 4 i • • • COUNCIL REQUEST ITEMS None QUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES First Reading - PROVIDING FOR A SYSTEM OF NUMBERING FOR DWELLING HOMES AND BUILDINGS LOCATED WITHIN THE CITY OF STILLWATER RESOLUTIONS The following resolutions were read and on roll call were adopted: 1. Appointing David Magnuson as City Attorney 2. Extending Reitrement for Stanley Larson 3. Directing the City Engineer to Prepare a New Zoning Map 4. Authorizing Severance Pay for Alfred Roepke 5. Awarding $1,000 for Condemnation flr James E. Melton Property ADJOURNMENT On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, the meeting adjourned at 9.40 P. M. Attest: March 21, 1978 Acti ': City Clerk Mayor 4 13 • •