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HomeMy WebLinkAbout1979-04-12 CC MIN• • X236 2. COUNCIL CHAMBERS Stillwater, Minnesota April 12, 1979 6:40 P. M. Mayor Junker reconvened the meeting at 6:40 P. M. Present: Councilwoman Bodlovick, Councilmen H. Peterson and Powell Mayor Junker Absent: Councilman Roger Peterson Also Present: Finance Director - Kriesel; City Clerk, Schnell; City Attorney Magnuson; Director of Public Safety, Abrahamson Press: Stillwater Gazette - Liberty and Regan Citizens: Opal Petersen UNFINISHED BUSINESS (continued) On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the City Attorney made the second reading of an ordinance entitled "AN ORDINANCE RELATING TO THE USE OF PUBLIC STREETS AND HIGHWAYS IN THE CITY OF STILLWATER, MINNESOTA, PRESCRIBING REGULATIONS RELATIVE TO THE PARKING OF VEHICLES UPON SUCH PUBLIC STREETS AMD HIGHWAYS PROVIDING FOR PURCHASE, ACQUIRING, INSTALLATION, OPERATION, MAINTENANCE, SUPERVISION, REGULATION AND CONTROL OF A PARKING USE FEE COLLECTION OFFICE AT THE OFFICE OF THE CITY CLERK, DEFINING AND PROVIDING FOR THE ESTABLISH- MENT OF PARKING CHARGE ZONES UPON THE PUBLIC STREETS MD HIGHWAYS, PROVIDING FOR THE PAYMENT THEREOF, PROVIDING FOR THE ENFORCEMENT HEREOF AND PROVIDING PENALTIES FOR THE VDLATION THEREOF" 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 pass ?" and on roll call the ordinance was unanimously adopted. INDIVIDUALS AND DELEGATIONS OPAL PETERSEN, 1109 South First Stre t, asked about one item of unfinished business on the agenda for this evening and m..de reference to Jeff Zoller appearing at this meeting to re -open what he withdrew at the meeting last evening and MAYOR JUNKER stated that this would not be considered at this meeting, but at another meeting. UNFINISHED BUSINESS (continued) 3. Mr. Magnuson stated that Councilman Harry Peterson raised the question at the last meeting if our Contractor's Licensing Ordinances required Worker's Compensation and he felt that it did, but upon checking find that it does not. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 336, 363, 448, 493, 504, 522 and 537 PROVIDING FOR THE LICENSING AND REGULATING INDIVIDUALS FIRMS, AND CORPORATIONS, CONTRACTORS AND SUB - CONTRACTORS DOING OR PERFORMING WORK WITHIN THE CITY OF STILLWATER". CITY ATTORNEY'S REPORT (out of order) 1. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NOS. 303, 325 and 360 AND PROVIDING FOR THE LICENSING, REGULATING AND THE VIOLATIONS OF THE OPERATION AND USE OF TAXI -CABS IN THE CITY OF STILLWATER". (all in favor) Discussion was held regarding the manner in which the hearing or meeting that was held on January 29, 1979 and they felt that the Council should conduct the hearing and not the attorney representing the party involved. Mr. Magnuson stated that Mr. Ritzer's big argument was the vilation of that ordinance was a crime - there is no provision in the ordinance to revoke these licenses. 2. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 414 AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM DISEAS AND EPEDEMIC DISEASES OF SHADE TREES IN THE CITY OF STILLWATER". (all in favor) L • 0 • • p • - sok • April 12, 1979 s 3. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the City Attorney made the first reading by title of an ordinan^.e entitled "AN ORDINANCE AMENDING ORDINANCE NO. 567 AND 383, THE ZONING ORDINANCE, BY PROVIDING FOR THE REGULATION OF THE CONSTRUCTION, PLACEMENT, HEIGHT, NATURE AND EXTENT OF FENCES" (all in favor) (The amendment would eliminate the $25.00 fee for a Special Use Permit or variance and provide for written approval of same with signatures of the adjoining property owners) 4. Mr. Magnuson presented to the Council an agreement with Stillwater Township which would provide for joint improvement projects. The Township agrees to adopt our assessment roll, to assess the benefit within the Township without regard to whether it is in the City or the Township and each year the assessment roll will be kept here and they will have a copy - every year about the first of October, the City Clerk will send to Pat Bantli the amount that has to be certified - the installments with interest and on October 10th Pat will certify that to the auditor and the money will be paid to Stillwater Township and then be submitted to the City of Stillwater. This agreement is for County Road No. 66 (South Greeley Street). He has sent a copy of this to the Township for their review. It does say that if they have admin- istrative expenses that they shall be entitled to be reimbursed for those expenses. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Petersonthe City Council approved the form of the agreement with Stillwater Township for the improvements on South Greeley Street (County No. 66), Local Improvement No. 171. (all in favor) NEW BUSINESS (out of order) 1. On motion of Councilman Powell, seconded by Councilman Harry Peterson, the Council approved the variance for the Last Chance Cafe upon receipt of the signatures of the adjoining property owners and the decision from the Planning Commission, and if satisfactory, the hearing will be waived. (all in favor) CITY ATTORNEY'S REPORT (continued) 5. MR. MAGNUSON reported to the Council that he put out a motion, dictated the papers and filed it today asking that the injunction be resolved on the Nelson School and if the court is not willing to do it under a motion any place, it will then be placed on the trial calendar for the 30th of April for the hearing. UNFINISHED BUSINESS (continued) 4. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council approved a Beer Permit for the Stillwater Jaycees for Lumberjack Days for Lowell Park as recommended by the Downtown Retail Council. (all in favor) 5. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, a resolution was introduced "GRANTING A PERMIT FOR THE USE OF LOWELL PARK ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson and Powell and Mayor Junker p1 NAYS - -None (see resolutions) 6. This was the day and time to open bids for two - 10,000 G.V.W. Dump Trucks and one - 9,000 G.V.W. Three Quarter Ton Pick Up for the Public Works and Parks Departments (April 10, 1979). Notice of the advertisement for bids was published in the Stillwater Evening Gazette, the official newspaper of the City on March 26, 1979. The following persons opened the bids at 3:00 P. M. on April 10, 1979: Finance Director - Nile Kriesel Superintendent of Public Works - Jack Shelton City Clerk - Dorothy Schnell Bid No. 1 Stillwater Motor Co. Stillwater, Minnesota Certified Check Two - One Ton Units Complete Less Trade of 3 units Total Net Bid One - 3/4 Ton Truck Less Trade of One Unit Total Net Bid $20,471.00 - 2,600.00 $ 7,000.00 - 850.00 $17,871.00 $6,150.00 237 ° • • • • 4 i 1 1 238 • Bid No. 2 April 12, 1979 Hopkins Dodge Sales 1710 Highway No. 7 Hopkins, Minnesota 55343 Bid Bond Total Bid for Three Trucks $26,300.00 Less Trade -Ins 3,350.00 Total Net Bid $22,950.00 On motion of Councilman Powell, seconded by Councilman Harry Peterson, the Council awarded the bid for the Dodge Truck for the Parks Department to Hopkins Dodge Sales and a decision will be made on the other two trucks at a later date. (all in favor) NEW BUSINESS (continued) 2. On motion of Councilman Powell, seconded by Councilman Harry Peterson, the Council authorized the Mayor and the City Clerk to sign the Reciprocal Fire Service Agreement with the Lower St. Croix Valley Fire Department. (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the Council granted a Beer Permit to St. Michael's Church for use in their parking lot on Sunday, June 24, 1979 from Noon to 6:00 P. M. (all in favor) 4. On motion of Councilman Powell, seconded by Cotynccpwoman Bodlovick, the Council authorized the installation of a street}SS1 Street by the Carver Fouks residence as recommended by Mr. Shelton. (all in favor) 5. On motion of Councilman Powell, seconded by Councilmen Harry Peterson, the accident claim submitted by Lorna Burke, Marine on the St. Croix for a fall on a sidewalk in downtown Stillwater be referred to the McGarry- Kearney Insurance Agency. (all in favor) 6. On motion of Councilman Powell, seconded by Councilman Harry Peterson, the Council authorized the raising of the water hydrant at the CUB MARKET in the Stillwater Industrial Park. (all in favor) 7. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the Council approved the following Beer Permits for the Valley Trophy & Sewing Center for Lily Lake Park: June 29 -30 and July 1, 1979 July 6, 7 and 8, 1979 (all in favor) 8. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson and Powell and Mayor Junker NAYS - -None (see resolutions) 9. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the hearing dates for the following cases was set for April 24, 1979 at 7:30 P. M.: Case No. 351 - George Parker - Special Use - Church Building - 4th & Oak Streets Case No. 352 - Catherine Francis - Special Use - 113 E. Pine Street - Photography Shop Case No. 350 - Jan & Alice Harriman, 612 South Fifth Street - Special Use - Beauty Shop Case No. 349 - Kenneth McKenzie, Jr., 2419 Hidden Valley Lane - Special Use - Fence (All in favor) INDIVIDUALS - DELEGATIONS (Continued) None at this point in the meeting. APPLICATIONS On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the follow- ing Contractor's Licenses were approved: (all in favor) Commercial Utilities 2214 Berland Place, St. Paul 55119 Excavators New Dawn Development Co., Inc. New 1505 North First St., Stillwater General (continued) • L • w • • • • 1 • • e• April 12, 1979 Ebsor. Roofing & Siding 1230 Dickinson St., Wayzata, Mn. 55391 General New Gan -Dei, Inc. - Ganus J. Deiss Box 294, Stillwater General Renewal Wayne Herr Construction Co. 13033 - 112th St. N., Stillwater General Renewal Nanook of the North 4683 Geneva Ave., North St. Paul 55109 General New Fred E. Petter - General Home Remodelers 6873 - 10th St. N., St. Paul 55119 General - roofing - plastering Wallboard - Insulation, etc. Renewal W. J. Preisler Roofing & Siding 3865 White Bear Ave., White Bear Lake 55110 General St. Croix Improvement Co. (Gerald J. Cook) R. #2, Box 280 -A, Somerset 54025 General Specialty Insulators P. 0. Box 337, Lindstrom, Mn. 55045 Insulation Sweitzer Construction Co. 777 Raymond Ave., St. Paul 55114 General Attracta Sign Company 6417 Penn Ave. S., Minneapolis 55423 Sign Erection ON SALE REGULAR AND SUNDAY LIQUOR Tri -Kane, Inc. (The Brick Alley) 423 South Main Street, Stillwater (See Item No. 8 Under "Individuals" - 4- 10 -79) CITY CLERK'S REPORT On motion of Councilman Powell, seconded by Councilman Harry Peterson, the Council directed that the rent of the room by the R. H. folk Co. should be increased from $75.00 to $100.00 per month (all in favor) New Renewal Renewal New Renewal Transfer COMMUNICATIONS - -From E. W. Fierke, Jr., 724 South Owens Street, regarding the pollution of Lily Lake. (no action) - -From Hoyt Johnson regarding "Noise Pollution" Ordinance for the City of Stillwater. Mr. Magnuson stated there is something in the Nuisance Ordinance and then there is the Minnesota Highway Traffic Safety Act which has been adopted by reference and he cited portions of this ordinance relating to excessive noises. It is awfully hard to enforce. CHIEF ABRAHAMSON reported that when the problems were checked out, nothing ever happened. Mayor Junker reported that Mr. Johnson has had problems with a motorcycle in his neighborhood in the early morning hours. (no action taken at this time) CITY COORDINATOR'S REPORT 1. Councilman Powell questioned the manner in which the roll call is taken fox the meeting and asked if we couldn't have the Mayor state, let the record show that all Council members are present with the exception of the members that are absent. (Mr. Magnuson will check out the Charter on this matter) 2. MR. KRIESEL asked that the Council set a date and time for the meeting with Stillwater Township on the County 66 Improvement and they have requested 8:30 P. M. on April 18, 1979 for this meeting at the Stillwater City Council Chambers. 3. MR. KRIESEL stated that he was directed to setup a meeting with the Downtown Council and questioned if the Council would be available to meet on Thursday, April 19, 1979. This will be on the wharfage permits for the Jubilee and Discovery. Councilman Harry Peterson made the motion on the 10th that this meeting be held prior to the next regular meeting - Tuesday, April 17th is out because of the Chamber Dinner, Monday is the Master Planning. 239 • • • • a • • 240 April 12, 1979 /Y, • Discussion was held on the matter and it was agreed that the Council members that are available wluld meet with the Downtown Council at 7:00 P. M. and then at 8:30 P. M. they would meet with Stillwater Township. (This was a tentative date for the meeting with the Chamber) 4. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council named Mr. Kriesel as the Census Laision Person for the City of Stillwater. (all in favor) (Councilwoman Bodlovick volunteered to assist Mr. Kriesel with this work) 5. MR. KRIESEL reported to the Council that he had been in cotact with Don Raleigh who represents the partnership entitled "SPIRIT OF THE ST. CROIX" and what they want is a resolution requesting annexation of certain land to the City of Stillwater pursuant to the Joint Resolution between the City of Stillwater and Stillwater Township and he presented a rough draft and basically what they are interested in is the Hague property - they want to purchase the Hauge property and he asked him (at a meeting with Mr. Raleigh and Mr. Elliott). There are the assessments for Local Improvement No. 129 -1 which were assessed in October and they wanted to kow what they would have to do to pay off those assessments which is about $113,000 and he indicated to them that if they could pay this year's installment along with the interest that the City could be annexed with their petition and the property would then be on the City's property tax rolls and spread the balance over the same amount of time as the other assessments. They will be coming through with the final draft and he wants to approach the Council on the 24th - by the time the assessments are made for the second stage of the Stillwater Industrial Park, if this goes through, they should be a part of Stillwater proper and all that would be said in this resolution would be that they would be treated in the same manner as existing property that is in the City of Stillwater. Mr. Magnuson is reviewing it and there will be some more input on it on the 24th. 6. MR KRIESEL asked the Council for direction to advertise for a permanent employee for the Public Works and Parks Department - they would hire a man who would work six months in the Public Works and six months in the Parks - Light Equipment Operator. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council authorized the advertisement for a per^.mnent employee for the Public Works and the Parks Department. (all in favor) 7. MR. KRIESEL read a memo from Jack Shelton regarding the Lily Lake Study - the City has received a letter from Mr. Schillings of the Minnesota Pollution Control Agency, coordinator for the Dead Lakes Grant Program and he is hopeful that he can pursue a grant application for a diagnostic feasibility study on Lily Lake from the United States Protection Agency, Section 314 Clean Lake Restoration Program in the fiscal year 1980. COUNCILMAN POWELL stated that the people living by the lake would like a storm sewer that by- passes Lily Lake and he didn't see how that could be done - it could be done but it would be expensive. That is where all the pollution comes in - there is debris in the street and fertilizer from the lawns. COUNCILMAN HARRY PETERSON stated that all of the discussion since he has been on the Council has been on Lily Lake and he asked about McKusick Lake and asked what can be done and COUNCILWOMAN BODLOVICK stated they had a man who attended their Planning Commission meeting who <tated to aeriate it would cost hundreds of thousands of dollars. The north end of McKusick Lake went down to Brown's Creek. COUNCILMAN POWELL stated that he would like to see an overflow on the northwest enC of Lily Lake and that would run into the storm sewer that runs into McKusick Lake and then that would cause a flow and didn't feel that should go down the Mulberry Ravine - should go out the other way and go into Brown's Creek. Discussion was continued on this matter and MAYOR JUNKER felt that the City could get some help on that lake if the Johnson Development goes in and with a winter like this year, there could have been an opening for Brown's Creek to run into the lake. The water would have to be pumped from Lily Lake - there is no fresh water coming into McKusick Lake at the present time. Mr. Blekum stated that the DNR will not let the City put this water into Brown's Creek and you have to go to them and the water has to be a certain temperature before it can be put into the Creek. 8. The Solid Waste Committee would like to meet with the City Council before they make their final recommendation and it was agreed that they could meet at 6:30 P. M. Monday evening ahead of tie Master Planning Meeting. (April 16, 1979) sow It • • • • • April 12, 1979 ko4 19 w mir CONSULTING ENGINEER'S REPORT None PUBLIC SAFETY 1. On motion of Councilman Powell, seconded by Councilwoman Bdolovick, a resolution was introduced "EMPLOYING ROBERT C. DANIELS, WILLIAM L. PELTIER AND GARY SWANSON AS VOLUNTEER FIREMEN EFFECTIVE APRIL 1, 1979, FOR A SIX MONTH PROBATIONERY PERIOD ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, Powell and "tayor Junker NAYS - -None (see resolutions) PUBLIC WORKS No report PARKS AND RECREATION 1. Mr. Blekum reported that Monday they will be going down to Lake City to pick up the trees and they willbe busy with that the rest of the month. ADMINISTRATIVE No report APPROVAL OF MINUTES On motion of Councilman Powell, seconded by Councilwoman Bodlovick, minutes of the following meetings were approved: (all in favor) January 23, 1979 January 29, 1979 March 6, 1979 March 20, 1979 March 27, 1979 April 3, 1979 COUNCIL REQUEST ITEMS 1. COUNCILWOMAN BODLOVICK reported to the Council on the at Hooleys T. V. which was ordered sometime ago. On motion of Councilwoman Bodlovicik,seconded Powell, that Mr. Kriesel contact Bill Hooley to have radio equipment delivered at the quoted price. 2. COUNCILWOMAN BODLOVICK stated that the Mayor, four years ago mentioned about having City Hall open for a few hours on Saturday just for communication with the citizens and she offered her time to be here any Saturday at whatever hours the Mayor would like. 3. COUNCILMAN POWELL stated that something should be done about some meters for the changeover some more insides if they are going to get more all day parking and also get some self- winding .nes - Mr. Kriesel was directed to check out prices and put same in the budget for next year. COUNCILMAN HARRY PETERSON asked about metering some of the yellow areas and CHIEF ABRAHAMSON stated that they are doing a survey and they will have it ready for the first meeting in May. COUNCILMAN POWELL still feels that the City needs a policeman downtown all of the time now, if it means hiring a new one - he is all for it, because the traffic is not getting any better - there are other things besides writing tickets when they are down there. CHIEF ABRAHAMSON felt that we should hire a Community Safety Officer and train him just for the downtown area and there will be a savings of $600 per month. Two of the top candidates have indicated to him that they would be willing to come on as a Community Safety Officer - one is a college person and the other one is a gal that is interested in traffic control. QUESTIONS FROM THE PRESS None COMMITTEE REPORTS Regular Meeting Special Meeting Regular Meeting Regular Meeting Special Meeting Special Meeting 7:30 P. M. 7:30 P. M. 7.30 P. M. 7:30 P. M. 7:30 P. M. 4:30 P. M. radio equipment that is by Councilman the rest of the (all in favor) 241 • a • • • • ( 242 ORDINANCES April 12, 1979 Second Reading - Parking Meter Violations - Ordinance No. 572 First Reading - Amending Ordinance No. 414 - Dutch Elm - Amending Ordinance Nos. 567 and 383 - Fence Ordinance - Amending Ordinance No. 303, 325 and 360 - Taxi -cab Licensing - Amending Ordinance Nos. 336- 363- 448- 493 - 504 -522 -537 - Licensing of Contractors RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Employ Volunteer Firemen - Robert Daniels, William Peltier and Gary Swanson 3. Granting a Permit for the Use of Lowell Park - Lumberjack Days ADJOURNMENT On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the meeting adjourned at 7:50 P. M. Attest: rp C4E Clerk Mayor c ■ fiffen • • • • 1