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HomeMy WebLinkAbout1983-12-06 CC MIN87\ • COUNCIL CHAMBERS Stillwater, MN December 6, 1983 7:30 P.M. REGULAR MEETING The meeting was called to order by Mayor Peterson. The Invocation was given by the City Clerk. Present: Councilmembers Avise, Kimble, MacDonald and Mayor Peterson Absent: Councilmember Bodinvi.ck Also Present: City Coordinator, Kriesel, Finance Director, Caruso City Clerk, Schnell City Attorney, Magnuson Superintendent of Public Works, Shelton Public Safety Director., Abrahamson Director of Parks & Recreation, Blekum Zoning Administrator, Zepper Consulting Engineers, Meister and VanWormer New City Clerk, Kitts Press: Stillwater Gazette - Regan Valley Press - Landkammer Citizens: James Lammers (representing the Association of the Stillwater On -Sale Liquor Retailers - aboout5members inHattenda,�ce), John Ogren, Robert Opheim, 9eWeyer, onty Brine. AP➢ROVAL, OF MINUTES On motion by Co:mcilmember Avise, seconded by Councilmember MacDonald, minutes of the following meetings were approved: All in favor. November 15, 1983 November 15, 1983 Regular Meeting 4:00 p.m. Recessed Meeting 7:30 p.m. PUBLIC HEARINGS 6uperameIica Gxpan5iOn This was the day and time for the continuation of the public hearing on Case No. 511 for the expansion of the Superamerica Station on Myrtle and Main Streets. The Mayor reopened the hearing. ,r. Glen VanWormer explained that the building will be four feet back from the sidewalk with keeping the aprking of cars away from the building. There will be ten feat on the east and 15 feat on the west and there will be some plantings and he din not reel that this woule create any problem. Mr. Ogren was in agreement with this proposal. Mr. Jyren indicated that he is in agreement with Mr. VanWormer's proposal. No one appeared as being opposed to this request The Mayor closed the hearing. On motion by Councilmember Avise, seconded by Councilmember MacDonald, based on the agreement Mr. Ogren' for the er and expansior. n of the hisuncil Supernoved anericaogrant the Station. Special Use Permit to Ogren in favor. Mark Jessen Variance hearing was the day and time for the public on Case No. 513 for Mark Jessen, 219 Northland *,venue to increase the size of an existing garage in excess of the -ode limits. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on November 23, 1983 and copies were mailed to property owners within 3C0 feet. Mr. Jessen did not appear so no action was taken on this matter. A. Niger - Variance This was the day and time for the public hearing ==Cas No. 514 for Niger, 620 West Pine Street for an oversize garage, variance Notice of the hearing was published in 1983, 8he Stillwater lwater Evenienging Gaazetto te,, iherofficial newspaper of theCity on November 23, owners within 300 feet. Mayor Peterson announced that Mr. Niger has withdrawn his request. • • ;`88 • • December 6, 1983 • Second Reading - Liquor License Fees Ordinance This was the day and time for the public hearing for the second reading of an ordinance amending City Code, Chapter 43.01 and Chapter 43.02 regulating license fees for intoxicating and non -intoxicating liquors. Notices of hearing were sent to all potential applicants for these licenses. The Mayor opened the hearing. Mayor Peterson indicated that the Council had some discussion on the proposed increases and he proposed an increase from $1,500 to $2,000 for the On -sale Intoxicating License for 1984 and $3,000 for 1985; Club On -Sale $150.00 for 1984 and $200.00 for 1985; 3.2 Off -Sale Non -Intoxicating from $5.00 to $25.00. James Lammers, representing the Stillwater On -Sale Liquor Retailers Association, appeared on their behalf, stating that the short notice and the time of the proposed increase was their concern and also the great increase. They were requesting that the Council table this matter and not take any action as they would like to meet with the Council and the counsel staff to express in more detail the reasons for the concerns. They have checked out figures with the League of Minnesota Cities and cited some of the figures that they came up with and the rates that other cities are charging. They found that at the present time Stillwater falls within the fees of the other local communities. They feel that Stillwater is unique in many ways and the business community is an established community and this would be a burden for these bar owners at this time of the year and by raising the fees this much it would encourage people to go elsewhere to do their eating and drinking. He felt that there are four different types of businesses here and there are a great number of employees of which about 65 of them are within the City of Stillwater and this amounts to about one hundred thousand dollars in salaries. The total amount that would be collected at the proposed rates would be $75,000 from these 15 establishments. He indicated that most of these people are here tonight and he would hope that the council would back off and reconsider the proposal. The Downtown Retail Council is also opposed and concerned over the proposal. Councilmember Avise inquired about the increased costs for liquor connected violations and Mr. Magnuson stated that in 1980 there were 43 minor misdemeanors and in 1983 through November there are 168 of which 33 were a gross misdemeanor and the balance were minor, increased more than four times since 1980. Councilmember Kimble stated that the Council tried to nail down what the costs were for the regulation and control of liquor establishments and that was used as a basis for the proposed fees. Most of it is for the necessary overtime for the courtappearances of the police officers and the additional costs are for Lumberjack Days each year. Mr. Lammers stated that the raise in the liquor fees is going to raise the price of the drinks but this is not going to stop the people from drinking and it will force them to drink in other places and this may not reduce the problems in the City. Also the city does derive some fine monies from the State from the liquor tax. Monty Brine inquired about the costs of the keg parties and other factors and breakdowns of those figures. Mr. Abrahamson stated that there have been 182 drunk driver arrests as of this morning and the biggest problem is the 18 to 22 years of age and they have had 341 hours of overtime for court time. Mrs. Roberta Opheim representing the Downtown Retail Council, stated that the restaurants and bars are a integral part of the downtown. They attract new business into town and she would like to see the entire City grow and they are concerned with the Council's proposal. George Weyer of LeBistro's stated that he came to Stillwater because it was a small town and that the $5,000 amount for the liquor license is almost impossible for him. Stillwater is not a suburb, but a small town. He did not feel that increase was fair and that it is not going to solve the DWI's. He is happy to be able to employ people from the city of Stillwater and feels that this would hurt his business. John Berglund of the State Liquor Retailers Association stated that it is not always fair to point the fingers at the bars for the DWI's and he has statistics available from studies that he would be glad to supply to the City and it was indicated that the Council would like this information. Councilmember Avise indicated that she would like to have more information and Councilmember Kimble stated that they could use the current fees for 1984 and set the increases for 1985. The Council should meet with the Association and come up with something that the association can live with. • • • 89 December 6, 1983 hr. Magnuson stated that the Council can set the amount of the Surety Bonds by motion and then it can be incorporated into the ordinance at a later date. om The limits of the Off -Sale are $1,00C to $3,000 and the On -Sale limits are $3,000 to $5,000. The Mayor closed the hearing. On motion by Councilmember Avise, seconded by Councilmember Kimble, the Council agreed to continue the On -Sale Liquor and Off -Sale Liquor and 3.2 Beer License fees at the current rate and go along with the proposal of the Stillwater On -Sale Liquor Retailers Association. All in favor. On mitioa by Councilmember MacDonald, seconded by Councilmember Kimble, the Council set the Surety Bonds for the Off -Sale Liquor Licenses at $1,000 and for the On -Sale Liquor License at $3,000. All in favor. moir PETITIONS OF INDIVIDUALS AND DELEGATIONS None UNFINISHED BUSINESS 1. The second reading of the Ordinance Amending Chapters 43.01 and 43.02 was delayed to a future meeting. 2. On motion by Councilmember Avise, seconded by Councilmember MacDonald, the Council postponed the second reading of the Ordinance Adopting Appendix "E" at the request of the City Attorney. All in favor. 3. The following bids were opened on November 30, 1983 at 4:00 p.m. by the City Coordinator and the City Clerk. Bid No. 1. General Communications Minneapolis Bid Bond Total bid $13,305.00 (no trade-in) Parts 5 Labor $ 744.00 Bid No. 2. Air Comm, Inc. West St. Paul Bid Bond Total Bid $12,013.00 Trade-in - 660.00 Net Bid $11,353.00 Parts S Labor included in above price Bid No. 3. Capital Electronics, Inc. St. Paul Certified Check Total Bid $12,801.00 (no trade-in) Parts 6 Labor $ 300.00 Bid No. 4. Central Communications Cambridge Bid Bond Total Lid $14,732.75 Trade-in .. 975.CO Net Bid $13,757.75 Bid No. 5. Motorola C S E, Inc. Minnetonka Bid Bond Total Bid $12,641.50 Trade-in-1,COO.00 Net Bid $11,641.30 Parts 5 Labor $399.00 Mr. Kriesel submitted a summary sheet to the Council and he recommended that the Council accept the bid of Motorola C 6 E, Inc. since the low bid from Aix Comm, Inc. :Did not meet all the specifications and he was more comfortable with the bid from Motorola. On motion by Councilmember nimble, seconded by Councilmember Avise, a resolution was introduced "AWARDING THE AID FOR THE TWO-WAY RADIO SYSTEM TO MOTOROLA C 6 E, INC., MIh17ETONKA, AT A NET BID FRICE OF $11,641.50" (Resolution #7276) and reject the bid from Air Comm, Inc. since it did not meet the specifications for the base station. Ayes: Councilmembers Avise, Bodlovick, Kimble, MacDonald and Mayor Peterson. Nays: None. NEW BUSINESS 1. On motion by Councilmember Kimble, seconded by Councilmember Avise, a resolution was introduced "DIRECTING THE PAYMENT OF BILLS". (Resolution 47272). Ayes: Councilmembers Avise, Bodlovick, Kimble, MacDonald and Mayor Peterson. Nays: None. Prior to the adoption of the resolution, Mayor Peterson asked Mr. Shelton to explain the details of the billing from Novaks which involved the pump repair for the Jet Redder rental time for the sewer grouting project in downtown Stillwater. 2. On motion by Councilmember Avise, seconded by Councilmember Kimble, the Council set the date of December 20, 1983, at 7:30 p.m. for the public hearing for the minor subdivision and variance hearing for Pat Hering, Case No. 515. All in favor. • • • 3. On motion of Councilmember Avise, seconded by Councilmember MacDonald, the City Clerk was directed to advertise for bids for the Official Advertising for the City of Stillwater. All in favor. 4. On motion of Councilmember Kimble, seconded by Councilmember MacDonald, the Council directed that the following sewer backup claims be sent to McGarry -Kearney Insurance Agency. All in favor. Paul N. Gerber - 2306 Fairmeadow Road Terrance Millington - 1011 Parkwood Lane Douglas 7. Carlson - 1419 North First Street 5. On motion of Councilmember Avise, seconded by Councilmember MacDonald, the Council approved the Excavator Bond for Lowell Vanderhoff, Oakdale, Minnesota. All in favor. 6. On motion of Councilmember Avise, seconded by Councilmember MacDonald, the Council authorized the Mayor and the City Clerk to sign Change Order No. 1 for L.I. 8201 for the improvements in the Linson Plat. All in favor. 7. The City received one bid for the Summer Ice Rental at the Lily Lake Arena and the City Attorney directed that this bid be returned to the bidder until the City officially advertises for such bids. (Andre Beaulieu had submitted the one bid) INDIVIDUALS AND DELEGATIONS None at th?s time. COUNCIL REQUEST ITEMS 1. Mr. Kreisel called the Council's attention on the schedule of events for the Main Street Minnesota program and he is working on the recommended job description for a Project Manager. There will be a Task Force and Councilmembers Avise and Kimble will serve on this special Task Force. 2. Councilmember Kimble complimented the Public Works Department on their cleanup job of the City streets following the two snowstorms. 3. Mayor Peterson informed the Council of the Commissions appointments that will be expiring and that this item will be on the agenda for the December 20, 1983 meeting. STAFF REPORTS Public Safety 1. Chief Abrahamson reported on the charater checks that he made for the proposed transfer for the liquor license for the St. Croix Boom Company and this infor- mation was given to the City Clerk for action at a later date. 2. Chief Abrahamson requested that the City consider the plowing of the side- walks on North Owens Street from Mulberry Street up to the Stonebridge School. He feels that this is a safety problem and that most of the residents in this area are elderly and they are unable to keep the walks shoveled and there is heavy traffic in this area and the children are forced to walk into the street. Mr. Magnuson stated that this is a part of the Nuisance Ordinance and he will check the statutes on snow shoveling and the possibility of assessing for same. He will also check with other cities to see what they do about the shoveling of sidewalks. The Council felt that if the City did this particular area that they would be forced to do the same in other areas of the City and it could become very costly. 3. On motion by Councilmember MacDonald, seconded by Councilmember Avise, the Council authorized the Police Department to order a new base radio at a price of $995.00 and that this will come out of the 1984 budget. A11 in favor. Parks and Recreation On motion by Councilmember Kimble, seconded by Councilmember Avise, a resolution was introduced EMPLOYING THE WARMING HOUSE ATTENDANTS FOR THE ICE SKATING RINKS". Ayes: Councilmembers Avise, Bodlovick, Kimble, MacDonald and Mayor Peterson. Nays: None. (See resolution 87275) Public Works No report Building Officials's Report On motion by Councilmember Avise, seconded by Councilmember MacDonald, the Council authorized a three-day school in January for Mr. Rylander at the University of Minnesota at a fee of $80.00 and if Mr. Zepper is not on vacation, he will be authorized to attend also. A11 in favor. 111116,1 • • 91 • • foN December 6, 1983 Consulting Engineer 1. On motion by Councilmember MacDonald, seconded by Councilmember Kimble, a resolution was introduced "EST.:2LISHING THE BOUNDARIES OF THE URBAN AREA FOR THE FEDERAL AND URBAN SYSTEM". (Resolution #7273) Ayes: Councilmembers Avise, Bodlovick, Kimble, MacDonald and Mayer. Peterson. Nays: None 2. On motion of Councilmember MacDonald, seconded Ly Councilmember Kimble, a resolution was introduced "ESTAELISHING THE URBAN FUNCTIONAL CLASSIFICATION PLAN AND THE FEDERAL AID URBAN SYSTEM". (Resolution #7274) Ayes: Councilmembers Avise, Bodlovick, Kimble, MacDonald and Mayor Peterson Nays: None 3. Mr. VanWormer presented the pros and cons on the project for the Highway 95 and the railroad bridge and the cost of the project. There will be some impact on some of these homes in the area and the fact that MnDOT may have a project that they can't afford and he brought the Council up to date on this project. 4. Ken Meister reported on the progress of various projects: A letter was sent to C.W. Houle since their completion date was November 17, 1933 which was not accomplished. The balance of the work will have to be completed next Spring or early Summer. Sewe: Rehab - they are attempting to get the sewer sealed to Nelson Street Lift Station this year and they will come back in the Spring to seal the rest of the 36" line to the south. Linson Plat - Swager is grading down to the subgrade to supply an access to the residents and tenants and possibly there will be a temporary blacktop put an Orleans to Greeley. Pavilion - There is a change order on the shingles and the fountain. They will do the final painting in the Spring and they have requested an extension of time for the completion of the project. On motion by Councilmember Avise, seconded by Councilmember MacDonald, the Council authorized the Mayor and the City Clerk to sign Change Order No. 1 for Local Improvement #210-1 for the Pavilion. Allin favor. Slope Protection - They are continuing to work and get the majority of the rip -rap done this year and the landscaping, etc. will be completed next Spring. City Clerk's Report On motion of Councilmember Avise, seconded by Councilmember MacDonald, the Council set the date of January 3, 1983, at 7:30 p.m. for the public hearing on Case No. 516 for special use permit request by Joseph Gould. All in favor. Finance Director's Report On motion of Councilmember MacDonald, seconded by Councilmember Kimble, the firm of DeLaHunt 6 Voto was authorized to perform the City's audit for the year 1983, as recommended by the City Coordinator and Finance Director. All in favor. City Attorney's Report None City Coordinator's Report 1. On motion by Councilmember MacDonald, seconded by Councilmember Kimble, the Council approved the request from the Cable TV Commission to install up to three poles with no tree removal on the south side of Lily Lake for their head-on facility. All in favor. 2. Mr. Kriesel informed the Council that Terry Belisle would like to have an ice skating operation in the area of the ice arena or have a mobile unit and Mr. Magnuson stated that he would need a peddler's license. He was instructed to have Mr. Belisle work with Dick or Jim as to the location of such an operation. 3. Mr. Kriesel requested the date for an additional meeting with the Department Heads and a "clean-up" meeting for the year. The date of December 22, 1983 at 4:30 p.m. was set for the meeting with the Department Heads and the clean-up meeting was set for December 27, 1983, at 4:30 p.m. 4. Mr. Kriesel discussed with the Council the matter of the sharing of the cost of the feasibility study for the realignment and improvements of Interlachen and that this be resolved with the possibility of extending it to Neal Ave. with the township. On motion by Councilmember Avise, seconded by Councilmember Kimble, the Council ordered the feasibility study for the Improvement of Interlachen. All in favor. • APPLICATIONS Contractors On motion by Councilmember Avise, seconded by Councilmember MacDonald, the following contractor's licenses were approved. All in favor. • • December 6, 1983 APPLICATIONS (continued) Contractors Homesite Sewer & Septic So. Excavators New Rt. 3 O'Neil Road Hudson, WI 54016 Cigarette On motion by Councilmember Avise, seconded by Councilmember MacDonald, the following cigarette licenses were approved for 1984. All in favor. Renewal American Legion Club 103 S. Third Street Lyle Anderson - St. Croix Drug Renewal 132 S. Main Street Bluff Oasis Service Station Renewal 806 South Main Street Renewal Second, Inc. Second s Chestnut Streets Nelson Dairy Store - Jan Young Renewal 920 W. Olive Street Renewal Perkins Cake & Steak 2050 Frontage Rd. West 3.2 Non -Intoxicating Liquor seconded b Councilmember Avise, the following On motion by Councilmember Kimble, Y beer permit was approved. All in favor. Dave Schoeweiler - Labor Temple, Saturday, December 17, 1983, 7:00 p.m. to Midnight. No music or live entertainment. To consume beer. Stag party. COMMUNICATIONS - None QUESTIONS/COMMENTS FROM NEWS MEDIA - None ORDINANCES - None The following resolutions were read and on roll call were unanimously adopted. RESOLUTIONS 1. Directing the Payment of Bills 2. Awarding the Contract for the Two -Way Radio System - Motorola 3. Establishing Boundaries for Federal Urban Streets 4. Federal Urban Functional Classification Plan 5. Employing Warming Rouse Attendants No motion by Councilmember Kimble, seconded by Councilmember MacDonald, the ADJOURNMENT meeting was adjourned at 10:30 p.m. Attest: �/ iC •e J City/ lerk