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HomeMy WebLinkAbout1978-05-09 CC MIN• • • 1 444 COUNCIL CHAMBER Stillwater, Minnesota May 9, 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. Present: Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker Absent: None Acting City Clerk, Schnell; City Attorney, Magnuson; 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; Assistant Building Inspector, Niska. Stillwater Evening Gazette - Bob Liberty Robert Sabes, Jim Simpson, Al Hamel, Pat Gaughan, Robert Matthews, Dan Brookman, Brian Nichols, Charles Pozzini,Mr. & Mrs. David Harper,Joseph Nolde, Jr., Graydon Thompson, James Eitter, Also Present: Press: Citizens: INDIVIDUALS - DELEGATIONS 1. ROBERT SABES, appeared before the City Council in reference to the transfer of the liquor license for the Freighthouse from Peter Hall to Mr. Sebes. The Planning Commission approved the plans for the restaurant and the parking for same. Questions were raised about the financial condition of Mr. Hall and Mr. Sabes stated he would be assuming Mr. Hall's debts as soon as the transfer is finalized. His agreement with Mr. Hall reads upon transfer of the liquor license and upon his receipt of the building permit that he has a list of outstanding bills that he has given to him - he will be taking care of same and settling up with Mr. Hall at a later date. Chief Abrahamson indicated that the character check was all clear. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council granted the liquor license transfer from Peter Hall to Robert Sabes with the August 1st opening date stipulation. (all in favor) 2. ROBERT VATTHEWS appeared before the City Council regarding the hearing date for this application for a variance permit. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the hearing date for Case No. 323 - Robert Matthew for a variance at 3041 Marine Circle was scheduled for June 6, 1978 at 7:30 P. M. (all in favor) 3. DAN BROOKMAN appeared before the City Council requesting two beer permits at Lily Lake Park. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the the CounLil 19- 20-21, permits 978 and the Park to for June r June17 , 1978. (all in favor) PUBLIC HEARING Continuation of the hearing on Case No. 314 for a Nichols and Dave Magnuson to covert a building at office and warehouse complex. MR. NICHOLS displayed the proposed plans and layou project. The Planning Commission recommended approval with some stipulations which Mr. Nichols is able to comply with. COUNCILWOMAN BODLOVICK stated that she had received a call from Mr. Wendell Beardsley from the Methodist Church and he stated that whatever is acceptable to the neightborhood would be acceptable to the church. CHARLES POZZINI, 723 West Olive Street, questionted what type of warehouse and he was informed that if some of the businesses would require storage that is what it would be used for. The front space will be for office space and the back portion will be used for something - no specific items what would be stored there - only light storage and no retail business - the building has not been rented out and there are no leases signed up to this time. Special Use Permit for Brian 110 South Greeley Street into an t to the City Council for this • 4 • • • May 9, 1978 f From the residents in the Croixwood Seventh Addition regarding the building in the proposed development of a park in this Addition. MRS. SANDY HARPER appeared before the Council on this matter. She felt that the building does not go with the rest of the buildings in the area - they are concerned about vandalism, they have not been given figures as to how much will be spent to fix it up - they have no guarantee as to what this is going to cost. They were told there is not a lot of money for this project or how much it would cost per year to maintain it. They are concerned about property values for the 17 homes that surround the park. COUNCILMAN PETERSON asked Mr. Blekum about this park and he stated that the Commission had a meeting with these people and the plans were shown to them. This building will be used as a warming house for the skating rink in the winter months and storage the balance of the year. MRS. HARPER questioned that this building meets the Building Code and she was informed that there will not be people living there - if the building would have been there when she bought her home, she would not have bought it. The Council felt that it should be given a chance before condemning this warming house. There will be footings under it and it could be moved out if it does not work out. COUNCILNAN POWELL stated that we should be looking at ways of improving the house rather than just screening and with too much screening you are just inviting vandalism. -- -From David Linguist and Leighton Johnson petitioning for approximately 300 feet of eight inch sewer and eight inch water pipe west of Greeley Street on Orleans Street - they agree to a thirty foot easement on Orleans Street for whatever footage is needed of their land to extend sewer and water in that street. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council accepted this petition for sewer and water and ordered a feasibility study and that the petitioners be notified of the cost of this feasibility study. (all in favor) ✓ COUNCILMAN PETERSON asked if there was objection from the neighbors and MR. ZOLLER stated that they did have questions, but were satisfied with the answers supplied to them. He also made reference to the letter from Mr. Kimmel which indicates that there is no objection found in the Zoning Ordinance for this use provided a Special Use Permit is obtained. The Mayor closed the hearing. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council granted the Special Use Permit to Brian Nichols and Dave Magnuson to convert the building at 110 South Greeley Street into an office and warehouse complex subject to the following restrictions put on it by the Planning Commission: 1. No overnight parking. 2. Deliveries will be made between 8:00 A. M. and 4:30 P. M., Monday thru Friday 3. No retail sales will be allowed in the building. 4. Warehousing shall only be light warehousing. (all in favor) PETITIONS UNFINISHED BUSINESS DEVELOPMENT OF VICTORIA VILLA - Two modifications of the Special Use Permit MR. AL HAMEL of P. J. Gaughan, Inc., Forest Lake stated that they presented their proposal to the Planning Commission last Monday night. Their request was for a 5% increase in the building use and the elimination of the three tennis courts. This is a Section 8 project and is not a low income development. They requested that the two new units would be one bedroom units. They do not consider this a family housing project. He made reference to their letter of May 1, 1978 detail- ing these requests. They will have no problem in making the donation of $6,300 for the park dedication. They will be providing all of the other recreational facilities that are usually required - picnic tables, sandboxes, etc. They will be providing the City with a scenic easement and trail easement for a possible trail system that may be going through that area of Stillwater. 4451 1 • • 446 May 9, 1978 COUNCILMAN POWELL s -ated that at the time they sell the units as condomiums that there would be a greater need for the tennis courts would be important - if they are rented to basically elderly people you would not have the need for the three tennis courts. MR. HAMEL stated that a Condo does have to go through a Planning procedure - they are the only firms that has filed a Condo plat in Washington County at this time and that plat has to be signed by the City - the Mayor and the City Clerk. It has to indicate that it meets the requirements of the City and then at that time before you sign such a plat you would be able to make this change in the require- ments. There is a six foot berm required at the point where the tennis courts were proposed. COUNCILWOMAN BODLOVICK questioned where the tennis courts were on the original site plan and she was told that they could not find a site plan on which the tennis courts appeared. GRAYDON THOMPSON, 1316 South Everett Street, represented the concerned citizens in the area. The first issue that they wanted understood was that they do support a senior citizens development. If this is being built for senior citizens, it should be built with the provisions that senior citizens need, such as ramps vs. stairs provisions for the handicapped and parking closer to the units, ample storage. They are concerned with the modified Special Use Permit. The financing that will be used for this development is the financing that was to be developed by the Doerffler organization, Section 8 government subsidized housing - the criteria is that 80% of the occupants must receive subsidized rent. The owner cannot discrim- inate against families, against senior citizens and he must rent to families - this is especially desirable for families with recreational facilities across the street. A real need for senior citizens is the indoor recreational facilities. Heavy traffic, the need for recreational facilities in the area - no public transportation in the area txxtMaxaaea and that the environment is going to suffer from this development on this size of acreage. He proposed that if two apartments are added they are taking away recreation area that we say senior citizens are going to be using it we are taking away an area that they need. His objection was that this was a financial gain for the builder as far as looking out for the tenants this would not benefit them. They asked that the Council enforce the Special Use Permit with no modifications - the homeowners supported the Council before and they are aking for their continued support as it was originally directed November 1, 1977. THE MAYOR announced that tle Planning Commission recommended by e 4 to 3 vote that the modifications be gtanted for the additional two units and the elimination of the three tennis courts. JOSEPH NOLDE, JR. stated that if the intent for that property is to develop it for senior citizens that it be developed and tailored with senior citizens in mond. MR. HAMEL stated that when they rent property like this that provides rectal sub- sidies they have usually four to five requestsfor each unit before they choose residents - they can be very selective who they select as residents. The management has great discretion in the selection of tenants for a project like this. It is not that they take people on a first come, first serve basis. They check out people's backgrounds very carefully because a development of this sort can run into manage- ment problems if not properly handled. The whole Special Use Permit is aimed at protecting the environment - gravel basin to catch the runoff from the parking lots - berming and a lot of landscaping - the three tennis courts is contradictory to this They are very concerned with the runoff from the site - three tennis courts creates a whole lot of runoff. This does nothing for the aethestics of this particular site to have the tennis courts. COUNCILMAN POWELL questioned the ratio of the number of units with one and two bedrooms and he stated what was approved was 13 one bedroom units and 27 two bed- room units and they are now asking for 15 ones and 27 two - bedroom units. COUNCILNAN POWELL asked if they could change the number of two - bedroom units and leave the area downstairs for recreation and Mr. Hamel stated it would take a redesign of the building to accomplish that. It was their position that they would not like to tackle that kind of an issue. He did not know if that would be approved by the Minnesota Housing Finance Agency. COUNCILMAN MAHONEY asked what the reduction in the recreation would be and he was informed that there would be no recreation space left and they have picked up additional storage space where the recreation area was before, but there is no party or social room left in the building. PAT GAUGHAN stated that it is very difficult to make a social area in a building of that size. You have your gross area and you have your income percentage of that to the non - income percentage of that building - if it goes too far the other way the cash flow cannot support the project. • • • • 1 • • May 9, 1978 MR. HAMEL stated that this building has an elevator and the smallest building that they now have that has an elevator which makes the building completely accessible to the handicaipped and the senior citizens the units are required to be designed by the State for handicapped facilities - not every unit will be- units within this building have to be specifically designed for the handicapped - not matter if it is family or senior citizens. This unit has parking space much closer to this unit and much more accessible without going outside than any other building they have. JOSEPH NOLDE, JR., 815 South Everett Drive, this thing all reverts bak - this has been a long drawn out ordeal and this reverts back to when we finally got a decree handed down by a judge that the City had to issue a Special Use Permit for forty units, so with this influx of people coming in one area we thought they were going to take all of the tennis courts and recreation area across the street and that is the reason for the tennis courrs. Now they are taking the recreation area and the social room out of the building - they are not going to have any tennis courts or volleyball courts, except sandboxes and this is not for the senior citizens - the whole thing goes back that they had to sit there when the judge made the ruling that you had to issue the permit for the forty units and they still feel it should be a forty unit and with some recreation area outside of this - that is the way that it was handed down. This was handed down by a judge and once this goes to a 42 unit, as far as they are concerned, it is null and void and they could start a lawsuit tomorrow morning and open up the whole thing again. COUNCILMAN MAHONEY stated that in the judge's ruling nothing was said about the tennis courts - that was added on later at a meeting with Doerffler and the City Attorney. MR. GAUGHAN stated that this was Mr. Doerfler's first attempt at subsidized hous- ing and is was a shamble and that is why he had to give up -it should not have been family - it can't possibly be family with that many one bedroom units. Senior citizens like to live with senior citizens and many of them live in the two bed- room units which is permitted. JAMES SIMPSON, stated that one thing that hasn't changed is the size of the land - started originally for 27 units - then 36 units, then 48 units turned down and the one thing that is always increasing is density more and more. Mr. Schwab's plan was tested in court and it came back for forty units - we are talking about density on the number of units. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, that the Council deny the two requested changes (it was settled in court and negotiated by the Developer and the previous City Attorney). On motion of Councilman Powell, seconded by Councilman Mahoney, the motion was amended to require one tennis court, and have forty units. VOTE ON THE AMENDMENT - AYES -- Councilman Mahoney, Councilman Powell and Mayor Junker NAYS -- Councilwoman Bodlovick, Councilman Peterson VOTE ON THE MOTION - AYES - Councilmen Mahoney, and Powell and Mayor Junker NAYS -- Councilwoman Bodlovick, Councilman Peterson THE MAYOR DECLARED A RECESS FROM 8:45 TO 9:00 P. M. NEW BUSINESS 1. On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, the Council authorized the attendance of the Fire Chief for the League Convention. (all in favor) 2. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Acting City Clerk was directed to send the claim from the Poor Butterfly for water damage to the McGarry - Kearney Insurance Agency. (all in favor) 3. On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced "APPOINTING JAMES W. FACKLER AS PERMANENT LILY LAKE RECREATION CENTAYESS --- CouncAitlwwomanRBodlovicks CouncilmenOMahoney,2Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 4. On motion of Councilman 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) 447; • • • • • Oa • May 9, 1978 APPLICATIONS - - -On motion of Councilman Peterson, seconded by Councilman Mahoney, the following Contractor's Licenses were approved: Clark Home Improvement, Inc. 659 Queen Ave. N., Lakeland, Mn. General Renewal RDJ Construction - John Easton 321 West Olive St., Stillwater General Renewal Paul Vielhaber Renewal 324 South Third St., Stillwater in favor) General - --On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, a 3.2 Off Sale Beer License was granted to Wesley Neal (Stillwater Country Boy), 215 North William Street, Stillwater. (all in favor) - - -On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a 3.2 Off and On Sale Beer Licenses were granted to Frosty Foods for their DAS WURST HAUS restaurant, subject to payment of the $55.00 fees and completion of the forms. (all in favor) INDIVIDUALS AND DELEGATIONS - continued CHARLES POZZINI inquired about the housing for the Senior Citizens and MAYOR JUNKER Informed him that the construction is to start in May. JAMES EITTER inquired about his water extension on Nightingale Blvd. MR. ELLIOTT informed him that it is feasible and the cost would be $8.00 per front foot and that any extension should be the full length of the lot and not be terminated in the middle of the block. Mr. Eitter and Mr. Elliott left the Council Chambers to further discuss this situation. COMMUNICATIONS From the Minnesota Department of Transportation regarding their Annual Transportation Days. (no action) From the AMMA - Annual Meeting - May 17, 1978. CITY COORDINATOR'S REPORT 1. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council waived the building permit for the renovation work at the old Courthouse Building which will be done by Jack Rice Construction Co. in the amount of $41,116.00 for said work. (all in favor) 2. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a Beer Permit was granted to St. Michael's Church for their parish picnic to be held at Pioneer Park on Sunday, Jay 21, 1978 from 2 to 4 P. M. (all in favor) 3. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council accepted the resignation of John Lawson as Building Inspector for the City of Stillwater and the Mayor was instructed to send a letter to John Lawson thanking him for the years of service and for his good work. (all in favor) On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced "COMMENDING JOHN LAWSON FOR HIS SERVICE TO THE CITY ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) On motion of Councilman Mahoney, seconded by Councilman Peterson, the proposal offered by John Lawson for the repair of the parking meters was referred to the Public Works Committee for their study and recommendation. (all in favor) 4. The request from Ron Niska to withdraw from A.F.S.C.M.E. Council 91, Local 517 was referred to the City Attorney to be checked out and he is to inform Mr. Niska as to his findings. r • • • • 1 • May 9, 1978 COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council authroized the purchase of 600 feet of four inch hose for the fire department at a cost of $2,204.00 which is in the budget. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council authorized the permanent status of John Clarey as a Firefighter Engineer to replace Howard Lindahl. (all in favor) 3. Chief Abrahamson informed the City Council that on Saturday there is the "Walk for Mankind" and they are expecting 5,000 to 7,000 people in the City of Stillwater. They will be coming into Stillwater on Myrtle Street to Owens up to Laurel and down to Pioneer Park and they are going to walk back out to Highway 96. They will be on the streets in town for about two to three hours and there will be about 100 law enforcement people on duty for that day. 4. Mayor Junker requested four or five volunteers from the Police and Fire Departments for football games which will be held on Friday evening at the Stillwater Senior High School. PUBLIC WORKS 1. On motion of Councilman Peterson, seconded by Councilman Powell, the Acting City Clerk and the Director of Public Works was directed to advertise for bids for the sealcoating project with bids returnable on June 6, 1978 (This will be all of the streets in Croixwood and Forest Hills). (all in favor) 2. Mr. Shelton asked about the signs to be placed in Lowell Park for the launching of the special boats and he was directed to erect same as directed at a previous meeting. 3. Mr. Shelton was directed to order about 100 of the new zoning maps. PARKS AND RECREATION 1. Mr. Addition on showed the will Cpresentltoothe Park for this area Croixwood areaon Thursday evening. He will have to have a hydrant installed in this location and this will come out of the budget for this park improvement. 2. Councilman Peterson asked about the lighting at the Tennis Courts on the North Hill and Mr. Blekum informed him that is being taken care of. CITY ATTORNEY'S REPORT 1.Mr. Magnuson informed the Council that the Annexation hearing is scheduled for Friday, May 12, 1978 at about 9:00 A. M. and he will inform thoseawho will have to testify. Duane will have the sewer plan for the area, Dale will testify fcr the County and we will pay his way for the Joint Powers Agreement. 2. Papers have been served on the Erickson Property which was to be for the filling station downtown. 3. Mr. Magnuson asked about establishing an ordinance to allow the City to give notice to a property owner who appears to be encroaching on City property when a retaining wall caves in and that the City be allowed to make the necessary repairs if the property owner does not do the work and assess the cost to the property owner. 449 ;. CONSULTING ENGINEER 1. Mr. Elliott reported that Donald Anderson does have a service off the watermain and the work that was done was made a part of the Croixwood project - these people are in the Township and he will check with the Water Board if there was some type of Escrow charged to Mr. Anderson. He said it is feasible to extend the water for Mr. Eitter and Mr. Armstrong is also interested - about a year and a half ago Mr. Armstrong had inquired about extending the sewer and he will put in a small pumping station since he cannot have an on -site system. He will bring complete information at a future meeting. 2. Mr. Elliott asked that work be delayed on the storm sewer and sanitary sewer map until later this fall. • 4 .15O May 9, 1978 On motion of Councilman Powell, seconded by Councilman Peterson, the City Attorney was instructed to draft such an ordinance and to work with Jack Shelton and Duane Elliott on this matter. (all in favor) 4. On motion of Councilman Powell, seconded by Councilman Peterson, the City Attorney was instructed to prepare a development agreement for the Nelson School Project and that Mr. Magnuson contact Mr. Welch. (all in favor) 5. Mr. Magnuson feels that the City should develop a storm sewer district in the area of the Stillwater Industrial Park so that the proper assessments could be made for this work. 6. Mr. Magnsuon felt that the Council should be thinking abut a planner to help with the Comprehensive Plan for the City as they very definitely need Professional assistance and that a limit be set on the amount of money to spend for same. On motion of Councilman Peterson, seconded by Councilman Powell that a limit of $4,000 be set for the County Planner's Office to work on this plan and that the City Attorney negotiate such a contract. (all in favor) COUNCIL REOUEST ITEMS 1. COUNCILMAN POWELL asked that the City Attorney check out the Charter as to whether or not it is necessary to have a roll call vote on resolutions if there is an unanimous vote on the motion. 2. COUNCILMAN POWELL stated that the drainage districts should be developed as the City does their comprehensive plan. 3. JEFF Zoller asked about the joint meeting for nest week and due to the Chamber dinner on Monday evening it is possible that this joint meeting will have to be set for Tuesday evening. ORDINANCES None RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Employing James W. Fackler as Permanent Lily Lake Recreation Center Manager 3. Commending John Lawson for his Service to the City. 4. Authorizing Payment of PERA for the CETA Employees (Repass from 5 -3 -78 meeting - not published in the required time limit) Adiournment On motion of Councilman Powell, seconded by Councilman Peterson, the meeting adjourned at 9:40 P. M. Attest: 7 �- d' ec-trot �- AcEfng C /ABC- tyitlerk Mayor • • • •