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HomeMy WebLinkAbout1979-02-20 CC MIN• • • • Ir COUNCIL CHAMBER Stillwater, Minnesota February 20, 1979 7:30 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson and Mayor Junker Absent: Councilman Powell Also Present: City Finance Director - Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Building Inspector, Niska; Consulting Engineer, Moore. Press: Stillwater Evening Gazette, Liberty WAVN - Gary Larson Citizens: Ed Simonet, Jr., Mr. & Mrs. Richard Iverson, Dwayne Nelson, Robert Lang, le Oard Slachta, Tom Cropp, Clark Nyberg, Dick Muller, James Kolb INDIVIDUALS- DELEGATIONS 1. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council approved the lot frontage variance at 1925 West Oak Street (variance from 75 feet to 53.31 feet) for Wayne Herr Construction. (Councilwoman Bodlovick opposed) (Mr. Herr was not present at the meeting) 2. MR. RICHARD SLACHTA appeared before the Council requesting variances for an apartment remodeling at 223 South Main Street (UBC Table #5 no opening less than three feet from the property line and the one window is on the property line and is needed for egress from the bedrooms and UBC Table 17 -A requring that there is a one -hour firekesetive construction required for elevator shafts and his is not and the Building Inspector recommended smoke detet - ors adjacent to any openings leading from the elevator shaft). MR. SLACHTA was agreeable to these restrictions. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council granted the two variances as recommended by the Building Inspector to Mr. Slabhta for his apartment remodeling at 223 South Main Street as detailed in the Building Inspector's letter of January 25, 1979. (all in favor) PUBLIC HEARINGS 1. This was the day and time set for the public hearing on Case No. 341 a request by Richard Iverson, 905 South Third Street for a Special Use Permit to operate a repair garage in a two - family district. Norice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on February 9. 1979 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. ELMER OLSON, Business Rep for the Carpenters, indicated that they own the property on the corner and that an easement was given to the owner of the property that he could travel back and heytp four and five cars and but has been abused badly since they park not have a right to park on the Labor Temple's property. MR. IVERSON indicated that he just move in and did not know what the easements were and now that he knows he felt that things could be switched around. MAYOR opposition of the Special Use received a issued for repair who 905 South Third Street. COUNCILMAN ROGER PETERSON asked Mr. Ive'sn if he was presently operating the garage and he replied that he was and that he was just doing work for the family and nothing for hire. 175 • • • • • • 176 February 20, 1979 1 EDWARD SIMONET, JR., 904 South Second Street, cated that he is a property owner for 25 years adjacent to the applicant for the garage and voiced his objection of the abuse of this property for at least five years. He stated that the previous owner worked for Ron Saxon Ford when he moved in there and he left the Ford Company to use this property to operate a repair garage. He agreed with Mr. Olson of the Labor Temple that there has always been a terrific abuse of this area - cars care always parked there and when they were not parked there, they were out on the street. Since Mr. Iverson has been there it has not changed one bit - in fact the cars on the street and in front of his home for a period of week or so and then they are not there they are in the yard, over which he has no control, but the Union does because they are the fee owners of this land. All that Mr. Iverson has is the right to go over it to and from his garage. When the cars are parked on the street, they are definitely a problem for snowplowing and at times some of the vehicles that are parked in the yard extend out on the side- walk and he has to walk around them and anyone else that uses this sidewalk on Churchill Street. He did not feel that the parking in front of his home was too bad, but then when the Unions have meetings their members cannot park in front of their own building and this causes constant turmoil. He felt that this is a use that should not be allowed in this two-family neighborhood and he was speaking to the problem since he is a property owner directly to the ast of this property and he felt that the Council should have no trouble in rejecting this request that they cannot use this property for a repair garage. ROBERT LANG, 721 South Third Street, stated that he lives just across the street from this garage and he asked what the regulations were regarding parking on the streets in the City of Stillwater and he was informed that they must be moved within 48 hours. He also asked if this requested was granted would it be up for regranting in a year or two and he was informed that this would have to be a stipulation of the Special Use Permit. He further stated that he felt that a guy has a right to start a business and to do the best he can and that if he complies with the ordinance and has some off - street parking somewhere in a lot, he did not have any objection to the granting of this Special Use Permit. DWAYNE NELSON, 822 South Second Street, stated that he sees the congestion here all the time and shortly after the first of the year there was a "sno- bird" parked there for about three weeks and the snowplows had to move around it and it also made it very difficult for him to turn into his driveway and he is the one that took the petition around and got willingly the signatures and the general consesus of the neighbors is that they are against this operation. COUNCILMAN ROGER PETERSON indicated that for the record he had a phone call from a lady who was unable to be here who wishes to voice her objection and he wishes that this would be noted and he told her that he would do that for her. COUNCILMAN ROGER PETERSON also indicated that this is the third request in that particular area between Third and Fourth Street for either the establishment of a new commercial business or the extension of an existing business and the other two instances, both were denied because of the fact that Fourth and Churchill is a commercial area and has always been a commercial area and it was thought for both of those cases that it would not serve any purpose to expand that commercial area away from the existing corner - both those requests were denied. "- COUNCILMAN HARRY PETERSON asked Mr. Ivernn about the vehicles that he is repairing and he replied that they all belong to his relatives. He further commented on the boat and other vehicles which he observed were parked in the area and he felt that the neighbors would not object to his moving vehicles into the garage and working on them,but that the trouble is with the sno -birds and Mr. Iverson indicated that he did not understand the easement that he could use in conjunction with the garage. COUNCILWOMAN BODLOVICR asked MR. Iverson if he appeared before the Planning Commission and since 9ie was not present at this meeting and the Council did not have the copies of the minutes, she asked him for the recommendation of the Planning Commission. MR. IVERSON stated that they said that it would be all right if he had certain hours - 8:00 A. M. to 8:00 P. M. - there was to be no excessive noise and they granted it for for one year. h the numerous cars that aarepparkedgthere business sidewalk he and other places. MR. IVERSON stated that he works at Andersens and this work would be done only three or four hours per day except on Saturdays and Sundays. DWAYNE NELSON stated there is another problem with noise from heavy equipment coming in with cars late in the night like two o'clock in the morning. c • • • • • • • 0 • to February 20, 1979 CITY ATTORNEY, DAVID MAGNUSON read the section of the ordinance that applied to the granting of such Special Use Permits. COUNCILMAN HARRY PETERSON felt that Mr. Iverson did not check into what his righrs were on this easement and he felt that the Council should not go along with that he is requesting. A REPRESENTATIVE FROM THE CARPENTER'S UNION stated that right now there is only an easement going to the garage and questioned how there could be off - street parking at anytime - how would he store these vehicles. MAYOR JUNKER asked the representatives from the Labor Temple if they had this easement in writing and they indicated that they did have same and the Mayor requested that they send a copy to Mr. Iverson. The easement is only a drive -over easement and there no mention as such regarding parking in the roadway, or the easement. At this time Mr. Iverson and the representatives from the Carpenter's Union discussed this easement privately. The Mayor closed the hearing at 7:55 P. M. On motion of Councilman Harry Peterson, seconded by Councilman Roger Peterson, the request for a Special Use Permit for Richard Iverson, 905 South Third Street for a repair garage was denied. (all in favor) 2. This was the day and time set for the public hearing on Local Improvement No. 168 for a sewer extension on North Harriet Street for a distance of approximately 106 feet. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on February 8 and 15, 1979 and copies were mailed to all property owners proposed to be assessed for said improvement. The Mayor opened the hearing DICK MULLER, one of the petitioners, indicated that they want the improvement, but would rather have it included with another project to keep the cost down. The Mayor closed the hearing. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "ORDERING THE SEWER IMPROVEMENT FOR NORTH HARRIET STREET AND DIRECTING THE ENGINEER TO PREPARE THE FINAL DETAILED PLANS TO BE INCLUDED WITH ANOTHER IMPROVEMENT ". AYES -- Councilwoman Bodlovick, Councilman H. Peterson, R. Peterson and Mayor Junker NAYS- -None (see resolutions) INDIVIDUALS - DELEGATIONS - continued CLARK NYBERG, appeared before the City Council requesting a public hearing for the utilities for the Reliance Plat No. 1 on County Road No. 12. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "ORDERING THE PUBLIC HEARING FOR THE UTILITIES FOR THE RELIANCE PLAT NO. 1 FOR MARCH 20, 1979 AT 9:00 P. M." and Mr. Kriesel was instructed to contact the Stillwater Township officials about their holding a joint hearing on this improve- ment since a portion of the improvement will be assessed to Township property. AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson and Mayor Junker NAYS - -None (see resolutions) UNFINISHED BUSINESS 1. Commission appointments for the Planning Commission was postponed until the next regular meeting until information is received from the Planning Commission as to their recommendations for same. 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the second reading of the Taxi -Cab Licensing Ordinance was postponed since we have competition the current ordinance should be more effective and if not, then at some future date there can be a second reading of this ordinance. (all in favor) - -� 177 • • • • 1 r, sY • 178 NEW BUSINESS 1. Discussion was held on the changing of the Zoning Ordinance for the construction of duplexes and the lot sizes in a two - family district. MR. NISKA explained that in a two - family zone there is a requirement for either a single family home or two family home and both are the same for 7,500 square feet. The change proposed would be to change the two - family home to 10,000 square feet and a single family home on 7,500 square feet. MR. MAGNUSON felt that this should be referred to the Planning Commission and he explained the changes that would have to be made in the ordinance. On motion of Councilman Roger Paterson, seconded by Councilwoman Bodlovick, the City Attorney made the first reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383, THE ZONING ORDINANCE RELATING TO REQUIRED LOT AREA FO R in TWO FAMILY DWELLING IN A TWO- FAMILY ZONE (RB) ". 2. On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ", as presented with the addition of the payment to James Melton for land condemna- tion in the amount of $8,500.00 and half of the payment to the Youth Service Bureau in the amount of $3,750.00. AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson and Mayor Junker NAYS- -None (see resolutions) INDIVIDUALS & DELEGATIONS ( continued) None at this point in the meeting. APPLICATIONS - - -On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the following Contractor's Licenses were granted: (all in favor) Du All Cleaning Contractors, Inc. 3851 Central Ave. N. E., Minneapolis, Mn. 55421 General New Nordling Construction Co. General New P. 0. Box 2052, North St. Paul, Mn. 55109 On motion of Councilwoman Bodlovick, seconded by Councilman BPetersonillwater - - - a Cigarette License for the Brooks Superette #26, was approved effective April 1, 1979. (all in favor - new) COMMUNICATIONS None CITY COORDINATOR'S REPORT 1. Mr. Kriesel requested a meeting of the Administrative Committee for Friday February 23, 1979 at 5:30 P. M. (The Date and time of this meeting was changed to 8:30 P. M. immediately following this meeting). CONSULTING ENGINEER'S REPORT None PUBLIC SAFETY None February 20, 1979 COMMITTEE REPORTS PUBLIC WORKS 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "AUTHORIZING THE INSTALLATION OF THREE STOP SIGNS ON THE FRONTAGE ROAD - NORTHWESTERN AVENUE AND THE EXIT FROM THE CUB MARKET PARKING LOT AND THE NORTHWESTERN BANK PARKING LOT ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, and Mayor Junker NAYS- -None (see resolutions) • 0 • • • • • • L February 20, 1979 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, Mr. Kriesel was instructed to contact the Northwestern Bank and the Cub Market requesting that they install stop signs at the exits of their parking lots on Northwestern Avenue. (all in favor) PARKS AND RECREATION None ADMINISTRATIVE None CITY ATTORNEY'S REPORT 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, was a DEVELOPMENTnREVENUEtNOTE: A"RESOLUTION ORIZINGTHE THEREOF PURSUANT COMMERCIAL MINNESOTA STATUTES, CHAPTER 474 ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, and Mayor Junker NAYS - -None (see resolutions) COUNCIL REQUEST ITEMS 1. On motion of Councilman Harry Peterson, seconded by Councilman Roger Peterson, Mr. Kriesel was instructed to reply to Mr. Harold Young's letter regarding the publication of the City Council minutes in the Stillwater Gazette explaining to him the reason and also inform him that copies of the minutes are available at the City offices at anytime and he could come in and read same. (all in favor) 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the City Attorney was directed to participate with the other communities involved with the Metropolitan Waste Control Commission refund of the SAC charges to request an Attorney General's opinion in reward to rights of the people who paid the money in and their rights to that money and to join in any Class action that may be necessary. (all in favor) QUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES - First Reading - Amending o F in3aRTwo- Area Family Zone RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Ordering Local Improvement No. 168 - North Harriet Street Sewer 2. * Order Hearing for Utilities for the Reliance Development Plat No. 1 3. Relating to $700,000 Commercial Development Revenue Note: Authorizing the Issuance thereof Pursuant to Minnesota Statutes, Chapter 474 (Hooley Land Partnership No. 2 Project). 4. Stop Signs on Frontage Road - Stillwater Industrial Park Area - 3 signs 5. Directing the Payment of the Bills. * Not published - repassed March 6, 1979 ADJOURNMENT -On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson, the meeting adjourned at 8:25 P. M. Attest _ = itte— City +Clerk Mayor 2 cte y 2 179 • • •