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HomeMy WebLinkAbout1972-05-09 CC MIN I'""" . r- ~ ~ 265 COUNCIL CIlAMBBR Stillwater. MinneBota May 9, 1972 7.30 P. M. RBGULAR _ING The meeting was called to order by President Powell. The Invocation was given by Mr. Marshall. pre..nt.; councilllll8n aalfaqz, LaBRers, PeterBon, Wohlers and Pre.ident. powell. (Mr. LaaMrs arrived at. 8.15 P. M.) AbMnt.: Hone 16180 Pr...nt.1 City coordinator, Mar8hall~ City Attorney, IU."..1; Superintendent of Public work., Shelton: public safety Director, Abrafuulaon; Director of parks and Recreation, Blekumr consulting Bngineer, Blliott: planning and zoning Commission Chair.n, Arndt. pre... Stillwater Bvening Gazette - Gr.~iot Citizens: Mr.& Mra. aenie Wert, John DeCurtinB, Ronald Bochman, Mauri.~ Anc1rewaoD, Mr. & Mrs. Jame8 Kinder, Mr8. Larry ayan, Mr.&Mr8. Roger wohlers, Jerry Mahoney, ME'.. & Mra.. AleJon Finley iJlr.& Mra. Pred seluD.i.sing, Jr.. Arthur Hefty, Donald 1I01de.William HoOley. Mr. 671 MrS. Stephan Riegel. Allan Stevens.JQ'1ute Lewis DET .-murt:OIlS _ 1:NDJ:VIDUAIS - PETITIONS This was the day and time set for a hearing on a variance request from. ABC Developers and Builders on Lots 4 .~d S. Block 1 Churchill's Addition, Ca.e Ro. UB-A. The notice for the hearing was published in the Stillwater Evening Gazette, official newspaper of the City on MaY 3. 1972. and notices were mailed to the property owner. within 300 feet on MaY 2, 1972. The Mayor then opened the hearing. Mr. Mar.hall explained all of the facts leading to this request for a variance so that the Council and the citizens in the audience would be brought up to date on this matter. MRS. ALDON FINLEY, 1309 south First street stated that most of the delegation at this meeting were opposed to the variance that has been asked for .ince thers i. not .nough room for these two bou... up there. This thing has been going on for about a month and construction has been continued regardless of their asking for the discontinuance. The building code say. there must be 7.500 square feet and on this grounds they are opposed. STEPHAN RIEGEL. 1323 South First street stated he was not opposed to building in this area as he felt building would help the City. but he was opposed to the means in which this was done, which seemed to be somewhat underhanded on some- body's part. They should have not started to build up there without a building permit _ that alone indicated that the contractor was trying to put something over on the city. The area is subject to a ten foot easement which gives access to the people on the West side of the al1eYa At the present time it is on his property and also on Mr. Nolde "s. He further felt there should be no garages on either of these lots as they do not have an access to come through that alley. . . 2GB . . (May 9, 1972 - continued) DONALD NOLDE ARRIVED AT '!'HIS POINT - 7,40 P. M. MR. MARSHALL stated the blJilding permit was issued and later it was found that a portion of the property belonged to Mr. & Mrs. Finley. Then the .-attar was resolved in that Mr.. Nolde bought 32 feet from Finley and 16 feet from Mr. Hefty which then put Mr. Hefty.s house in violation. Mr. Nolde was then to tear down the garage on Mr.. Hefty's property or apply for the variance of 800 square feet on each lot. MAWR POWELL added that Mrs. Finley said the neighborhood is opposed 8S con- struction began before the permits were acquired. DONALD NOLDE, representing ABC Developers and Builders, explained that Mr. Hefty and Mrs. Becklund came to him about biB firm purchasing their property on Sixth Avenue South. At that time he was not interested but they kept calling and then came to his office and then he called the Building Inspectorls Office inquiring about building two homes on this piece of property and Mr. Refty agreed to selling 16 feet. Then he called the building inspector and he inquired what would happen if he bought 15 feet of the Hefty property and it was confirmed that he could build two homes on that particular piece of property. He did come to the Building Inspector's office to apply for building permit. and they accepted his check and he started construction of the homes. Later he found out that he was not conforming to the local ordinances. Then he did COM back to visit with Mr. Shelton, Mr. Lawson and Mr. Marshall and they wanted to see the deed for the land he purchased from Mr. Hefty. (At this tu. he presented this deed to the City Council). Then Mr. Marshallls office inforlMd him that there were some more technicalities. 80 Mr. Shelton and he drove up there and they made an inspection of Mr. Hefty'. garage as to whether it was attached or detached. Mr. Shelton then made his report to Mr. Marshall's office and it looked as though everything was all right. Then on Sunday he picked up the paper and the matter was in Action Line. Mr. Moelter c... to the City for the permit for the sewer and water and there were further problems. He then stated he would like for the people in the neighborhood to decide what action to take in this matter. (He then proceeded to ID8ke some drawings on the blackboard for the benefit of the neighbors and the Council). ROGER WOHLERS. 1336 South Pirst Street stated that to him something had been broken and why should the people of elderly age, such as Mr. Hefty have to put up with this - they have already made errors to stil'l';'t with. Why should they have to take six inches off the garage or shed '. _ley have built the houses and they are ready to go ahead with them. DOH NOLDE replied that Mr. Hefty was assessed for the two improvements and sewer services were stubbed into both lots. Mr. Hefty and his sister Mrs. Becklund were willing to do anything possible to build two homes on these lots. ROGER WOBLBRS asked what he was going to with the garage and MAYOR POWELL stated that it was suggested to Mr. Nolde that it appeared that the simpliest thing to do would be to apply for the 800 square feet per lot and then Mr. Hefty wouldn't have to be troubled and the alley wouldn't have to be disturbed. There were two stub-ins and this means they are two buildable lots. It was. therefore. suggested that this was the easiest way out - maybe this is the simpliest and best solution to the problem. A MRS. DOYLE who does not rBside in the i....diate area: was confused about this and asked why this had not been settled before the..' homes were started. She further stated that Mr. Holde was on the Council at one time and he shoulC! have known all about these Ordinances, and there should have been a better job of inspection and the whole thing was ridiculous. ~YOR POWELL stated that the City has updated some of the Ordinances since this happened. MRS. DOYLE stated that this is illegal - he knows that you cannot start building until you get a permit. MRS. FINLEY stated that they called immediately and they could not unde~stand why things were not halted then. as the lots were too small and that none of them were built on a fifty foot lot. She did admit that some of them called r . . \ ' ~, . . . (May 9, 1972 - continued) 267 r" . anonymously and they apologized for this and she wonder why they did up there right away and things could have bee" stQpped right then. not deny the fact that they are a little bitter about it and the way thing was handled. notc6me This does the whole MR. RIEGEL stated the houses are there and are going to be there. They don It like the way it was done. He felt there should be no garages on these two places - his home was built sol'lBtime ago on a non-conforming basis. FRED SCHM%BSING. 1310 Sixth Avenue South, objected to the whole business and wanted to know what were the reasons for setting up this Ordinance No. 383 in the first place - that these 50 foot lots it would seem that the City Council was allowing building on them and how can you not encourage putting garages on these lots _ you are encouraging on-street parking. He also felt that if 'the council voted in favor of this variance that we are teaching other builders which Ordinances they have to comply with. His remedy was to move one house out of there. " , MR. JaMMBL stated that the Ordinance does provide that there is a .iaimum of 7500 square feet - SO feet front and over 100 feet deep and this has been entorced since he has been City Attorney on that basis with the exception of where variances have been granted. This was usually where there was an individual lot by itself with no adjoining property and this is a little bit different since there are two lots. As he understood the situation the permit was granted on the basis that additional property was being bought to bI:~11CJ' the lots up to the 7500 square feet. He further stated that since this occurred the City has adopted a new sub-division Ordinance which would require Council approval of such a splitting of property. He stated that there was a different inter- pretation at the time when there was a different City Attorney and a different Building Inspector. Be did know that both of the 8uiloing InspectoEs now are very cautious about lot size before they issue a builoing perIRit. They were informed that aoditional pEOperty was being purchased across the alley. MRS. LARRY RYAN, 1312 South First Street asked the question that shouldn't the Building Inspector have questioned whether the prOperty was owned and Mr. KIMMEL replied that the Building Inspector would not have to inquire as to the title of the property - very unusual for someone to come in ~or a builoing perm t if he did not own the property and they do not do that as a matter of practice. It is probably that in this instance it should have ~n done. MR. MARSHALL stated there were a few oversights and some mistakes made. He furbher stated that the City has about 3.000 acres to take care of and that is why we make mistakes. and if the people up there hadn.t called. we would have not been aware of the problem. .- MYOR PONBLL stated that when Mr. Nolde presented his opening remarks he asked which plan the neighbors would approve for these two houses. MR. ARTHUR RBF"l'Y. 1321 South First Street stated that he had paid $1.250.00 in asse....nts for the services and the street but does not have water and he doesn t t feel that he has a problem. As far a8 building codes he stated it may conform very near as platted. ROGER WOHLERS stated the houBes are up and he is asking for a variance. If you give him the variance for his lots. which are not sizes properly, he will be coming in for a variance to build a garage. MR. JAMES KINDER, 1342 Sixth Avenue South askeo if there could not be a restriction put on the building of garages and it was agreed that could be done. ROGER WOHLeRS requested that if the variance is approved that the City restrict the building of garages there and that in the future they ask for surveys in the old areas of the City. MAYOR POWELL stated that if we do this we are depriving people from the sale of their property which he felt he would not be in favor of doing. There w~re two serv.ices put in and the two building permits were issued without going to the trouble of measuring the lots. . . . ... . . 2fi8 . , (May 9, 1972 - continued) MR. MARSHALL stated that have no restrictions for winter IlVJnths.. we have no Ordinance which requires garages and we on-street parking except for snow emergencies in the MR. SClDtIESING stated that Bomeone had this for sale as one piece of property at one time. MRS. SCHIESING didn't go along with leaving the houses there because they were too cl08e together and in the case of a fire they waule both go. MAYOR POWELL stated that Mr. Nolde was acting under the impression that what he was doing was right. MRS. SCIDIIBSING again stated that she felt that one of the houses should be IIlDved out. MR. KINDER said that the City made a mistake and put in two service. and charged them to the owner and isn't this wrong and possibly the city could give credit for one sewer service and then tear down the one house e MR. ROHRT STBI'J'BN, 1322 Sixth Avenue south suggested that they build a duplex on the.. two lots to solve the probleme MRS. PDILBY said Mre Holde has given them an alternative - grant the variance or hewi11 get it made right by purchasing additional property or take. one house out of there or ME' e Nolde has a choice of what he wants to do e MRS. SCBMIBSING stated that she felt that it will devalue their property as they live next doore MR. MARSHALL stated that as far as side yard he is not in violation and that the problem is the depth of the lot which is not enough.. ROGBR WOIILERS stated the houses are there and are going to stay if you are going to give him a variance ana asked the Council to consider no garages' in the future and also get somebody there to survey the propertYe MYOR PONBLL stated that we have this survey requirement in the current Ordinance. which was pas.ed after we had this problem. MaIUS AHDRBWSON, 311 Bast Burlington questioned the amount of back yard between this property and the alley and what bearing this would have on the resale' of this property. MR. g)um stated they he has a 62 foot back yard.. MR.. KIMMEL cited the legal alternatives of ordinance No. 383. Building permits were issued with the understanding that the additional 'property was going to be acquire4e The permits were issued on March 21. 1972 and the warranty Deed pre.ented was dated April,I.. 1972 but not recordea.. The Council could refuse to grant the variance and;Etie builaing permit stano. with the understanding the adaitional property i8 added to the existing lots: or deny the variance. then there is a legal question a8 the aeed has not been recorded - there is a problem in that area also: deny the variance or grant the variance subject to certain restrictions.. MAYOR POWBLL stated that the consenSUB seems to be that if the variance is granted that no garages are allowed which would be more livable than if Mr. Nolde would purchase the additional propertYe COUNCILMAN LAMMERS asked that the deed be of recora and stated that the definition of what constitutes a variance is not the situation in this case and that approval be given for the purchase of the extra property. The Mayor closed the hearing at 8:45 P. M. (' '- . . . . r-. (May 9, 1972 - continued) . COUNCILMAN BALFANZ stated that this has been our fault and he made a motion that we approve the variance and go to a community driveway between the two houses and add a stipulation that Mr. Nolde put this driveway in for the two hoUBes 80 that a garage or two garages can be built for these twO houses. Motion was seconded by Councilman Peterson. Vote on the DJtion Ayes - Balfanz, Peterson and Powell Nays - Lammers and Wohlers (THE MAYOR DECIARED A RECESS FROM 8,50 to 9,05 P. M.l r MR. ALLAN STBVBNS. from the Stillwater Jaycees appeared before the Council requesting pe~i8sion to do Bome preliminary site grading on the city owned property on both the Rorth and South sides of the bridge in preparation for developing this property for a dual park - a re-openinq of the beach on the South and open up the North side for a campsite. They would be doing this at a DOlt.inal cost with the help of the corp of Engineers and they would put in eome bathroom facilities. They already have the support of the Houlton Fire Department and the Supervisors of St. Joseph Township. The work would begin on June lOth tentatively by the corp of Engineer. from Ellsworth with a crew of 30 men. On motion of Councilman Peterson, seconded by Councilman Lammers the Council authorized the Jaycees and whoever else is needed and have our engineer get involved in it and instructed the Engineer to work with the Jaycees on the preliminary site grading of the city property cn both sides of the highway in Wisconsin. On motion of Councilman Peterson, seconded by Councilman Wohlers the matter of a septic tank and related drainage ditches on both Lots 1 and 2, Carli and Schulenberg's Addition (1212 and 1224 North Third Street) were referred to the COnsulting Engineer for study and recommendation and present a report at the next Council .eting. (Motion carried). On motion of Councilman Lammers, seconded by Councilman Wohlers a refund was granted to Mulberry Point Development for the unused portion of their on-Sale Liquor, Cigarette anG Soft Drink Licenses for 1972 in the amount of $1,395.15. (These licenses were used only for the month of January, 1972.) WILIdAM II>OLBY' appeared before the Council requesting a variance for the placement of a Sylvania sign on his Radio and TV Shop. Due to the location of the fire .scape on the building he ie unable to put the sign on the building above the first floor level. On motion of Councilman Balfanz, seconded by Councilman Peterson the matter of this variance was referred to the Planning and Zoning Commission along with the specifications and drawings. UNPINIaHBD BUSINESS On motion of Councilman Balfanz, seconded by councilman Wohlers the MCl'.fOr and City Coordinator were autho~ized to execute the agreement with washi~gton County for the resurfacing of Laurel Street from FOurth Street to Owens Street, Pine Street from Owens Stre.et to Grove Street ana olive Street from Owen. StreeCl to Greeley Street. On motion of Councilman Peterson, seconded by Councilman wohlers the Clerk made the second reading of an Ordinance entitled "AN ORDINANCE AMBNDI'j'G ORDINANCE ~. 448, BY PROVIDING FOR A CHANGE IN THE EXPIRATION DATE FOR CO_fi'RACTOR LICENSES". 269 . . . . 270 \nay ;7. ...;", - ...-vu................., The ordinance was read. -section by section followed by roll call after each section and all members of the Council voted in the affirmative.. The chair then put the question. "Shall this ordinance paBs?- and on roll call the ordinance was unanimously adopted. The second reading of an Ordinance "Adopting the Minnesota Model Civil Defen.. ordinance" and an Ordinance "Amending Ordinance No. 383.. the Zoning ordinance, by providing for Planned UIlit Developments" which appeared on the agenda were carried over to a future .eting.. ... BUST1i1RAS 1. On IIDtion of Councilman Peterson, seCOnded by councilman Wohlers Mr. Marshall was authorized to acquire the field hospital equipment frolD Bloo.ington and the only coat would be the transportation to the city of Stillwater.. APPLI'CATIOIIS On motion of councilman peterson, seconded by councilman wohlera the following licen.e. were granted, (renewals) Marvin w. Bowers - Stillwater Armory Route #1, Box 28, Stillwater Soft Drink Walter Wolf Marina (Gold Kedal Severage Co.} By. 95 and 96, Stillwater Soft Drink Daniel Dickbau.en 806 SOllth Main Street, Stillwater Cigarette tvtolftll1lllICATIORS A letter froll. Chester Wilson regarding the lower St. Croix River for Recreational purpo.... ex'l"Y COORD:IIIA'l'OR'S REPORT 1. On IIIOtion of councU.un Peterson, seconded by Councillil,-!n Balfanz the request from the Post Office to lea.e City property .s ,l, parking Lot was referred to the Planning and zoning co_ission for their study and t'.COIIIID8ncJation. 2. Mr. Mar.hall requested that the COllneil advise him whether or not they plan to attend the lAagWl Convention so tha t he can assign the rooms that have been reserved for sometime. 3. On IlI)tion of Councilman Wohlers, seconded by Councilman Balfanz a publiC hearing was scheduled for May 23, 1912 at 7:30 P. M. on Case No. 118, for James W. Cumming. for a special use permit. 4. On motion of Councilman Peterson, seconded by councilman wohlers the resignation of Art Racluenz from the planning and Zoning commission was accepted with regret and the City coordinator was directed to send a letter to Mr. Raduenz. 5. There will be a meeting on May 18th at South St. Peul to go over future plans for the Metro area. . '\ ~ i ~ L . ,'-'" ~, J (May 9. 1972 - continued) 6. Mr. Marshall reported that Mr. Stepan had contacted him about the possibility of getting a spawning easement for the Brick Ponds and the Council granted permission to have Mr. Marshall contact the Natural Resources regarding this matter. COHSULTIR.; ENGINEER'S REPORT 1. Mr. Blliott reported they had a rreeting with Tower Asphalt and JIOelter Construction for the resumption of work on the 1971 street program. He reported that there are about 25 blocks to be finished north of Hickory Street. They plan to resume 'WOrk on Monday, May 15th and it i8 estimated that it will take four to five weeks to complete this work. 2. The W811 drillers will be moving into the orrin Thompson area. 3. On IDOtion of councilman peterson, seconded by councilman Balfanz the City COOrdinator was authorized to release the certified Check to Miller Bxcavating Co. which was being held in lieu of a Performance Bond. on Local Iq>>roveMnt .0. 101. Mr. Elliott inspected the Bverett Street project ana found that the project is satisfactory and reco_nded. this action at this time. 4. Mr. Elliott has inspectea the baCI siaewalks on Myrtle Street ana is proposing that replacement be aone. OOMMI'l"l'BB REPORTS PUBLIC WORKS 1. Jack Shelton reported that he and Mr. Blliott checked out the erosion on orleans Street embankment ana it can be taken care of with top soil and soaaing, ana the School District is aim willing to have this aone. 2. The Spring Pickup is continuing ana 37 arop boxes have been taken to the aump to aate for 1,100 cubic yards of on-compactea rubbish for a cost of f;1,776.00. 3. On lIlOtion of Councilman Peterson, seconded by Councilman Wohlers the DiI ector of Public works was authorized to investigate the cost of oili.ng the street going into the Wolf Marina and report back to the cour.cil at the next. meeting. 4. On motion of councilman Peterson, seconded by councilman Lammers the Consulting Bngineer and the Director of Public works were authorized to contact Mr. BecTl~egarding an inquiry about a drainage problem at the golf course. 5. On motion of Councilman Peterson, seconded by councilllliln Balfanz the City Attorney and the Director of Public works was authorized and direc~ed tu write a letter to the railroad informing them of the parking problem near the tracks. ADMINISTRATIVE No Report PARKS AND RECREATION 1. on motion of councilman Balfanz, seconded by councilman Wehlers the Commission was authorized to purchase an ice cream vending machine for the Lily Lake Arena Building. 271 . . ~ . 272 . . (May 9, 1972 - continued) P1lIlLIC SAFETY NO Report CrrY A'l"l'ORNEX' S REPORT 1. Mr.. Kimmel reported that he met with Bob Johnson, Clay Newman, and Mr. Gibbs relative to setting up orderly annexation procedures for the property South of HighwaY 96.. He suggested that we resubmit the proposal that we made to Stillwa.ter Township with a couple of changes, and in that resubmission that they withdraw their opposition to the Hooley-Feely petition. He alsO suggested that the Village of Oak Park Heights be added as a party to this agreement for orderly annexation and then all three parties would be bound by that ano be a part of such an agreement. He felt there should be a meeting to straighten out some of our boundaries and Stillwater ToWnship seemed receptive to this. 2. Mr. Kimmel reported that he had received a decision from the District court relative to the Richard Murphy case on their assessment. He said that we could go back in and assess Mr. Murphy on a different basis or reasse.. all of the corner lots or attempt to work out .ome solution to Mr. &. Mrs. Murphy that they agree to and then apply the same rule to the other corner lots or we could appeal the decision to the District Court. on notion of councilman Lammers, seconded by councilman peterson the City Attorney was authorized to appeal the decision and attempt to work something out with the Richard Murphy's, and if not, pursue the appeal. Motion carried. APPROVAL OF MINUTES On motion of councilman peterson, seconded by Councilman Lammers, minutes of the following meetings were approved: April 11, 1972 April 25. 1972 Regular Meeting Regular Meeting 7,30 P. M. 7,30 P. M. ORDINANCI!S 1. Sec:ond Reading _ ORDINANCE AMENDING ORDINANCE NO. 448. BY PROVIDING FOR A CHANGE IN THE EXPIRATION DATE !'OR CON'l'RACTOR' S LICENSES. RESOLtrl'IONS 1. On motion of councilman peterson, seconded by councilman Wohlers a resolution was introduced "Direc;ino.the" payment of Bills, and on roll call was unanimously adopted. AIlJOIJRNllElil'l: on motion of councilman Wohlers, seconded by councilman Lammers the meeting adjourned at 10:22 P. M. eL.uL-w~2(( Mayor Attest: city clerk r <-.. . . . .