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HomeMy WebLinkAbout1983-07-05 CC MIN• • COUNCIL CHAMBERS Stillwater, Minnesota July 5, 1983 7:30 P. M. REGULAR MEETING The meeting was called to order by President Peterson. The Invocation was given by the City Clerk. Present: Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald, and Mayor Peterson Absent: None Also Present: Finance Director/Coordinator, Kriesel City Clerk, Schnell City Attorney, Magnuson Superintendent of Public Works, Shelton Public Safety Director, Abrahamson Director of Parks & Recreation, Blekum Consulting Engineer, Meister Planning Cmmission Chairman, Farrell Press: Citizens: WVYL - Judy Mutterer Stillwater Gazette, Regan Garry Swagger, Lucille Matasak, Violet Rock, Phillip Jackson, George Seim, Jim Gannon, George Eide, Dode Simonet, Tom O'Brien Charles Johnson, Chuck Frederickson, Phil Eastwood, two repre- sentatives from Road Machinery & Equipment. APPROVAL OF MINUTES On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the minutes of the following meetings were approved: (all in favor) June 21, 1983 June 21, 1983 Regular Meeting 4:00 P. M. Recessed Meeting 7:30 P. M. PUBLIC HEARINGS ase No. 499 for a Use 1 Thiss e day d time for 1001eSouth1c Fourthrng on StreetCfor an upholstery reSpecial repair shop in a residential two-family zone. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on June 24, 1983 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. JACKSON explained that he does his work in the garage and he has been working for about one a half years at this type of work. It is done mostly in the day time and it is done by he and his wife. No one appeared as being opposed or in favor of this request. MR. FARRELL REPORTED that the Planning Commission heard no complaints from the neighbors - this is a low-keyed operation and does not create any problems in the neighborhood. The Mayor closed the hearing. On motion of Councilwoman Avise, seconded by Councilman Kimble, the Council granted the Special Use Permit to Phillip Jackson for an upholstery repair shop at his home at 1001 South Fourth Street. (all in favor) on 0 for a 2 Pe1s rmitas forhe day and James GannonIDe801r:he public West Laurel Streetgfor aase No. building0additionSincaal Use Commercial Zone. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City on June 24, 1983 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. GANNON showed the Council drawings of his proposed new building which will be 48 feet by 58 feet and he does not plan to tear down the little building but it will be moved to another location on the property - this will give him two more doors or bays and will be attached to the existing buildings. All smashed cars will be behind a privacy fence and he is open to suggestions as to the type of fencing that he will install here. 4 • July 5, 1983 497 • MAWR No one appeared in support or in opposition to this request. MR. FARRELL indicated that this request was approved by the Planning Commission. The Mayor closed the hearing. 0n motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council granted the Special Use Permit to Mr. Gannon as recommended by the Planning Commission. (all in favor) 3. This was the day and time for the public hearing for Case No. 501 for a Minor Sub- division for George W. Seim for property at 1219 North First Street. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City on June 24, 1983 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. SEIM explained that there is a home on the north 54 feet of the property and he would like to sell the south 65 feet of Lot 5 and the balance of 35 feet will be added to Lot 6 (the lot on which the house is located) - there will be a single family home built on the new Lot 6 - this lot will be 65 feet by 150 feet. Questions were asked if this could be a problem in the future if someone would try to sell that portion of Lot 6 which is going to be added to Lot 5 and it was indicated that they would have to come back to the Council for such approval. (Thes questions were raised at the Planning Commission and reported by Mr. Farrell). The Mayor closed the hearing. 0n motion of Councilwoman Avise, seconded by Councilwoman Bodlovick, the Council approved the request for the minor subdivision for Mr. Seim with the understanding that the creation of the 35 foot piece would make it an unsuitable lot for building. (all in favor) INDIVIDUALS & DELEGATIONS 1. CHUCK FREDRICKSON, 1602 McKusick Lane, appeared before the Council regarding the weed problems at McKusick Lake and made reference to an article in the St. Paul Dispatch on a weed harvester that the City of Forest Lake purchased and used last year which cuts an eight foot swatch and cuts the weeds at a four foot depth. He asked the Council to take a look at this possibility to sove the weed problems. In the discussion it was indicated that this is just like mowing your grass that you have to keep it up, but it would keep the surface water clean - it was suggested that we follow through on this and contact the DNR and also that it might be possible to lease or rent this equiment rather than purchase it. 2. GARRY SWAGGER, appeared before the Council requesting permission to hold religious meetings in tents on property in the Matt Hooley's Addition in the Industrial Park from July 13 thru 17th in the evenings from 7:30 to 10:00 P. M. He did have permission from the land owners and he had letters from Perkins and the Stillwater Motel that they are not opposed to this operation. He is associated with the Open Harvest Ministry and they plan on between 100 and 150 people per night and everything is up to fire standards. CHIEF ABRAHAMSON could see no problems with this request. DAVID MAGNUSON felt that they should name the City as an additional insurer on their policy so that the City would be protected. On motion of Councilman Kimble, seconded by Councilman MacDonald, the Council granted the necessary approval to hold these meetings on the dates specified and with the understanding that the City would be named as an additional insurer on their insurance. (all in favor) PETITIONS From property owners abutting Lots 1 - 3, Block 55 and Lots 4 - 6, Block 54, Carli Schulenberg Addition to the City of Stillwater for the vacation of North First Street from East Hazel Street to its deadend. On motion of Councilwoman Avise, seconded by Councilman MacDonald, the Council set the date of July 19, 1983 at 7:30 P. M. for the public hearing on the proposed vacation of a portion of North First Street. (all in favor) UNFINISHED BUSINESS 1. LOADER BIDS - Mr. Meister reported that in reviewing the bids they found that there were four areas of the Road Machinery & Supplies bid that did not meet the specs (they were the low bidder on this item). Mr. Meister detailed these items at this time which were contained in his memo to the Counciland they recommended that the contract be awarded to the second low bidder which was Ziegler, Inc. which was for a Caterpillar which does meet the City's specifications in the proposal. • • 4 July 5, 1983 • • MIKE WOLNEY AND MORRIE HOWENSTEIN were in attendance from Clarke and they stated that they appreciated the opportunity to resubmit the proper specifications and they did agree that their bid did not meet the specs per se. (Road Machinery and supplies). On motion of Councilman Kimble, seconded by Councilwoman Bodlovick, that the bid from Roac Machinery & Supplies be rejected for the reasons cited by Mr. Meister and a resolution was introducdd "AWARDING THE BID FOR THE FOUR WHEEL DRIVE LOADER TO THE SECOND LOW BIDDER, ZIEGLER,INC., MINNEAPOLIS". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 2. WHARFAGE PERMIT FOR CAPTAIN GRIFFITH MAYOR PETERSON reported that the Port Authority recommended that he could use Kolliner Park for the tieing up of his vessels for one season only and that he would move his dock to that location. COUNCILMAN MAC DONALD did not see why the City has to provide Mr. Griffith with property to dock his boats and he was opposed to this recommendation. MR. BLEKUM stated that Captain Griffith would have to be responsible for the gate to this property when he has daily men to empty his toilet facilities and other delivery and maintenance services and he indicated that this would not in anyway interfere with the activities for the Bayport Marina's reqest for the use of this property for this season. CHIEF ABRAHAMSON had a concern about the possible vandalism at this location. There was discussion aboutr liability if we are negligent over there and Chief Abrahamson stated that the local police no longer have deputy powers in St. Croix County and can only take care of problems on a Mutual Aid situation. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council moved to allow Captain Griffith to use Kolliner Park for the dockage of his two boats and ask for specific coverage in his insurance, and that there be no loading and unloading of passengers ac that location which is to be spelled out in the permit and that he be responsible for the control of the access to this area. Ayes --Councilwomen Avise and Bodlovick and Councilman Kimble Nays --Councilman MacDonald Abstained - Mayor Peterson did not indicate a vote (motion carried) 3. REFUSE RATES There was discussion among the Council members regarding the proposed rate increases especially for Senior Citizens and the different rates that were proposed for this classification. VIOLET ROCK, a Senior Citizen, felt that there was less work in the collection of refuse from apartment houses. On motion of Councilwoman Avise, seconded by Councilman Kimble, the Council set the rate per month per dwelling unit at $7.05 effective July 1, 1983 and $7.60 effective July 1, 1984 and the rate for all Senior Citizens at $5.95 effective July 1, 1983 and $6.45 eftective July 1, 1984 and change the wording of the proposed ordinance by striking single family and two family. Ayes --Councilwoman Avise, Councilmen Kimble and MacDonald and Mayor Peterson Nays --Councilwoman Bodlovick. (motion carried) On motion of Councilwoman Avise, seconded by Councilman Kimble, the City Coor- dinator made the second reading of an ordinance entitled "AN ORDIANCE AMENDING STILLWATER CITY CODE CHAPTER 30, GARBAGE AND RUBBISH BY AMENDING SUBDIVISION 8 THEREOF". The ordinance was read section by section followed by roll call after each section indicated Councilwoman Avise and Councilmen Kimble and MacDonald :nd Mayor Peterson in favor and Councilwoman Bodlovick being opposed. The chair then put the question, "Shall this ordinance pass? and on roll call the ordinance was adopted. Ayes --Councilwoman Avise, Councilmen Kimble and MacDonald and Mayor Peterson Nays --Councilwoman Bodlovick MAYOR PETERSON DECLARED A RECESS FROM 8:55 to 9:05 P. M. 4. 0n motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the City Attorney made the second reading of an ordinance entitled "AN ORDINANCE ADDING SECTION RADIO ANDCTELEVISIONZANTENNA ONING, AAND N RSUPPORTINGDINANCE GTOWERS GAND NPROVIDING PENALTIESSTRUCTION AND "NA:JCF. OF (all in favor) The ordinance was read section by section followed by roll call after eaeh section and all members of the Council mted in the affirmative. The chair then put the question, "Shall this ordinance pass?" and on roll call the ordinance was unanimously adopted. (Ordinance No. 612) • • July 5, 1983 (Prior tothe reading of the ordinance Mr. Dode Simonet discussed this ordinance with the Council and he felt that it was a good ordinance). 5. On motion of Councilwoman Avise, seconded by Councilwoman Bodlovick, the Council moved to hold over the second reading of the Land Reclamation Ordinance. (all in favor) 499 INDIVIDUALS & DELEGATIONS 1. PHIL EASTWOOD, representing Charlie Johnson, Bellaire Sanitation, appeared before the Council regarding the problems with rubbish haulers other than Junker Sanitation placing of roll -off boxes in the residential areas of Stillwater. It was their feeling that demolition or remodeling work should be considered as Commercial and that they should be allowed to place such boxes in the residential areas. MR. MAGNUSON stated that it is not clear in the ordinance and that possibly the ordinance should be changed to cover this area of collection. MR. JOHNSON felt that this should not be connected with construction materials as this is another category and that it should be competitive. 0n motion of Councilwoman Avise, seconded by Councilman MacDonald, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING CHAPTER 30 OF THE STILLWATER CITY CODE - GARBAGE & RUBBISH". (all in favor) UNFINISHED BUSINESS (continued) 6 The Council elected the second reading oofetthe Exterior Storage Ordinance on another date as recommended by NEW BUSINESS 1. WATER STRZET PARKING - Mr. Meister explained the proposed parking on Water Street that has be en prepared by his office and the alternate plans for same and much discussion followed with the Council. It was suggested that in some areas that there be two lour parking and that the Public Works Department put up these signs at the designated areas. The important factor that was agreed upon was to get as much parking as possible in this area. On motion of Councilman Kimble, seconded by Councilwoman Avise, the Public Works Department was directed to stripe this area for parking purposes per the adjusted sketch with the proper signing on Water Street including the two hour parking signs and to check into having Chestnut Street marked for a crosswalk between Fazendin s Store and Reed's Drug Store, and that there be a striped from Reeds to the Parking Lot on Water Street. 2. On motion of Councilman Kinble, seconded by Councilwoman Bodlovick, the Council granted a loading/unloading permit for the use of the levee in Lowell Park to Croix Cruise, Inc. as recommended favor) 3.Port Authority for this season at a fee of 8100.00. 3. On motion of Councilwoman Avise, seconded by Councilman MacDonald, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 4. On motion of Councilwoman Avise, seconded by Councilman Kimble, a resolution was introduced i 'ACCEPTING THE WORK AND MAKING FINAL PAYMENT FOR LOCAL IMRPOVEMENT NO. 208" (Replacement of the lighting at the Tennis Court). - Lily Lake Park). Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 5. On motion of Councilman Kimble, seconded by Councilwoman Bodlovick, the Council accepted the plan submitted by Washington County to alleviate the traffic congestion at South Fourth Street tlaand n62ndoSStreet North as requested by the City of Oak Park Heights. ) INDIVIDUALS & DELEGATIONS (continued) None at this time COUNCIL REQUEST ITEMS 1. d0o0wnntownO�aAofSE reported on Stillwater andhe thatetheyge willeneeda thenuseofCommission's someofplan foAllen's the time on this project. • • • • July 5, 1983 • ip ng d of 2. COUNCILWOAVISE secretaryr andAaskeds iftthetCity t could tpick wuphthe cost lof such dans adnand oa taedht there was no objection to same. 3. COUNCILMAN MAC DONALD inquired why there is no parking meter in front of Brine's on Main Street and MR. SHELTON was asked to check into this matter. 4. COUNCILMAN MAC DONALD reported that there is a red Mustang parked every Friday evening on the crosswalk by Vittorios and Chief Abrahamson will follow up on this. lan 5. COUNCILMAN tIMemployeestand feltthe thateitewouldd pbes atgoodion pideattotoffer thebeen sameoffered plan to the County emu y to the employees for the City of Stillwater. The only cost to the City would be the program for the computer system and it would be optional. It was agreed that this item should be placed on the four o'clock agenda for the meeting of July 19, 1983. STAFF REPORTS PUBLIC SAFETY 1. CHIEF ABRAHAMSO heNLumberrjacktDayshe oCelebrationthat afor the Dll of ownte eownaarY eaigns have been 2. On motion of Councilman Kimble, seconded by Councilwoman Avise, the City Attorney made the first reading of an ordinance by title entitled "AN ORDINANCE AMENDING CHAPTER 27 OF THE STILLWATER CITY CODE TO ADD A SECTION ON CATS". (all in favor) PARKS & RECREATION None PUBLIC WORKS 1. On motion of Councilwoman Avise, seconded by Councilman Kimble, Mr. Shelton was authorized to install a manhole at the deadend of West Abbott Street sewer which is approximately 80 feet west of the intersection with Everett Street. (all in favor) rom ts 2. the sharing ofp reorted to OrleansfStreetkfromkSouthhregarding heFourt Street to Fourth Avenue South on a fifty/fifty basis - the cost of the project is estimated to be $5,500 and our share would be $2,750. of same andeifaitdw uldsbenfeasible tocdodsuchnsealcoatingreet and based the patches on aboute of this fact. On motion of Councilman MacDonald, seconded by Councilman Kimble, the Council directed Mr. Meister to check out the condition of this streetoto to see if it is feasible to do such a sealcoating project. 3, MR. SHELTON reported to the Council that the fencing project at the Jagusch project is ready to go and that Mr. Jagusch has agreed to sign off on this project as soon as the fence is installed. CONSULTING ENGINEER'S REPORT 1. MR. MEISTER presented their report on the Neal Avenue bridge work -het County does d not have bridge fundsavailablenis year takentats uthis)time) possibly- available nest year..(no man ise, a 2. On otion of Concilman wasmintroduced"APPROVINGaTHEnPLANSSANDnORDERING THE IADVERTISEMENT FOR resolution BIDS FOR LOCAL IMPROVEMENT NOS. 201, 203 and 205" (Bid openiing10a00 A M.)te to eJuly 29, 1983 t CITY COORDINATOR'S REPORT Statement and Management Report - date of the meeting is to be July 13, 1933 at 5:00 1. MR. KRIESEL asked the Council to set a date for a review of the 1982 Financial P. M. 2. MR. KRIESEL iiade reference to the resignation of Jim Arend as Building Inspector and Luana Kaphing as Junior Bookkeeper, and it is his recommendation to move Sue Stickan into the Junior Bookkeeper s positon and eliminate the Clerk/Typist position and then advertise for a Finance Director of Assistant Finance Director. He was directed to write the job description for the new position and advertise as soon soon as possible. It was felt that the activities in the Building Department have not been what ifs thetneedaarisesdpothawe ssibly we�lcouldld ld off on this employ someoneonaa part-time basis.emenand in the meantime • • July 5, 1933 3. MR. KRIESEL explained the downtown lighting proposal to the Council - the 13 poles in Lowell Park would be approximately $12,000. There are currently 63 poles in the downtown area and they would be replaced with 44 Cobra heads with 150 and 250 high pressure sodium at a cost of $17,000. The cost of the ornamental type light- ing requested by the Historic Preservation Commission would cost about $60,000 and we would be responsible for the maintenance of same. The only cost to the City on the Cobra lighting would be when one is damaged because of vandalism On motion of Councilman MacDonald, seconded by Councilwoman Bodlovick, Mr. Kriesel was directed to proceed with the Cobra lights on Main Street in the downtown area, and secure quotes for the removal and installation of same. (all in favor) 4. MR. KRIESEL informed the Council of the request from Gordon Seim to give up his position as Assistant Fire Chief to become a Senior Firefighter. There was considerable discussion on this matter. On motion of Councilman Kimble, seconded by Councilwoman Bodlovick, the Council granted Gordon Seim his request to become a Senior Firefighter. (all in favor) 5. MR. KRIESEL informed the Council that has received information that the grant has been approved for the improvements in Lowell Park. Bernie Johns, from Short -Elliott - Elliott -Hendrickson Associates, Pat Olson from the DNR and he met on the proposed plans which will incline the restoration of the pavilion, toilet facilities, seawall and other improvements which he explained at this time. There will have to be a defined statement as to what is needed to preserve the Historic culture of Lowell Park. He asked that the Council ratify Short -Elliott -Hendrickson to help with those plans and the preliminary plans for the seawall and the Corps of Engineers. CITY ATTORNEY'S REPORT None CITY CLERK'S REPORT The City Clerk inquired about a peddler's license for some book solicitors that wish to sell books in the City - the question was whether it was a peddler's license or just canvassing but she was informed that they must apply for a peddler's license by foot. APPLICATIONS On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the following Contractor's Licenses were approved: (all in favor) Adoniram Construction Co. 109 N. William St., Sxillwater General & Tree Trimming New B & E Fence Company 6728 Fourth St. N., Oakdale 55119 Fencing New L. M. Peterson Company 1334 South Fourth St., Stillwater General -Solar Systems New Richards Sign Company 1248 - 12th Ave. N. W., New Brighton 55112 Sign Erection New Ronning Construction 1111 W. Rice St., Stillwater General New Sagstetter Construction Co., Inc. 21 E. Winona St., St. Paul 55107 General New Vic Socha - Vic's Excavating & Trucking, Inc. 10767 Norell Ave., Stillwater Excavators "W" Construction Co. & North Country Pools 6018 Stillwater Blvd., Oakdale 55119 New General -Swimming Pools Renewal ---On motion of Counc:lwoman Avise, seconded by Councilman Kimble, the following Beer and Wine Permits were approved: (all in favor) Mr. & Mrs. Fred Freitag Family - Pioneer Park - August 28, 1983 - Wedding Anniversary Reception - 2:00 to 9:00 P. M. (Consume beer and wine) Friendly Valley Fastpitch League - O'Brien Field - July 8, 9 and 10, 1933 - all day Softball Tournament (sell and consume beer) Samuelson Family Reunion - Pioneer Park - July 9, 1983 - 12:00 to 3:00 P. (Consume wine and beer) • • • July 5, 1983 COMMUNICATIONS None QUESTIONS FROM THE NEWS MEDIA None ORDINANCES First Reading - Second Reading Amending Chapter 30 of the Stillwater City Code - Garbage & Rubbish Collections Amending Chapter 27 of the Stillwater City Code to Add a Section on the Licensing of cats Garbage - Ordinance No. 612 - Antennas andSupportRubbish Supporting RESOLUTIONS The following resolutions were read and on roll call were adopted: 1. Directing the Payment of the Bills. 2. Accepting the Work and Making Final Payment - L. I. No. 208 3. Awarding the Bid for the Loader - Ziegler 4. Approving the Plans and Ordering the Advertisements for Bids - L. I. No. 201, 203 and 205. ADJOURNMENT On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the meeting adjourned at 11:55 P. M. Attest: