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HomeMy WebLinkAbout1979-05-02 CC MIN• • • p COUNCIL CHAMBER Stillwater, Minnesota. May 2, 1979 7:00 P. M. SPECIAL MEETING The meeting was called to order by Mayor Junker. Present: Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker Absent: None Also Present: Finance - Director /Coordinator, Kriesel; City Attorney, Magnuson, City Clerk, Schnell Press: WAVN - Gary Larson Citizens: Bill Hahn, Jim Gannon WHARFAGE PERMIT GUIDELINES Discussion was held regarding the issuance of additional wharfage permits other than the Jubilee and The Discovery. COUNCILMAN ROGER PETERSON felt that the Bogey Cove and these boats which dock at Sunnyside and wish to load charters at the Stillwater location are looking for a way to subsidize their boats and he did not feel that the City should get involved in that. MAYOR JUNKER questioned why the City would want to hinder boats from docking there and COUNCILMAN PETERSON (ROGER) did not feel that it was what the levee was donated for - it is for all of the citizens of the City of Stillwater - it is not just for boat owners - it is also for people who just want to sit in the park and eat in the park. COUNCILMAN POWELL felt that the Jubilee and The Discovery are completely commercial boats and that we are not subsidizing them - these are pleasure boats and they are subsidizing their insurance, etc. If another commercial venture comes, then they can be considered. COUNCILMAN ROGER PETERSON felt that there should be a limit set - as the levee could be lined with boats and the purpose of the park is being eliminated - limit it to two for annual permits and the Delta Queen once a year which is some- thing exceptional. There are a lot of other boats that tie -up there. COUNCILWOMAN BODLOVICK asked about the limitation of the number of boats that would be allowed to dock down in Lowell Park. DAVID MAGNUSON stated that there is no policy and no ordinance against them doing this - he cited from the Charter which stated that the City has the right to prescribe and regulate the rates of wharfage and pierage to be charged to any boat or vessel landing or mooring at any landing, wharf or pier, within the limits of the City - that means that they have the absolute right to charge everybody and if they were going to be discriminatory they should have a rational basis for the policy. COUNCILMAN POWELL asked if they could limit to excursion boats and MR. MAGNUSON felt that they could prohibit the number of people who could use it on a regular basis for the taking of commercial charters - if someone comes to load a group on, he is no different from the man from Iowa that comes there and stays for a week. MAYOR JUNKER asked if they issue two permits for the Jubilee and The Discovery and do nothing for the others are they jeopardizing the City and the City Attorney stated "no ". MR. MAGNUSON felt that there should be some sort of a policy regarding the regulation of the wharf. COUNCILMAN HARRY PETERSON felt that this was just an occasional thing - they can unless the City polices the dock - they can pull up to that levee and load a dozen or more people and pull away and come back and unload them and be no different than any other boat - he did not think that we would have to do any- thing in the way of granting or denying them a permit - what they do when they pull way from the dock he felt that the City has no control over. He asked if we had a written request from either of these two boats and the reply was that we did last year and they paid $100.00 and never used it be- cause the water was too high. to and the City and justhleavettheores trofnthematakeacr permits of themselves. 273 • • • • • • 274 May 2, 1979 MR. MAGNUSON stated that this is a d'screti. nary thing with the Council as they have the absolute right to regulate - it kz a policy decision that the Council is going to have to make - it is a very difficult thing and it is going to take some time to study and it is not a very simple thing - the main thing is that it is the policy of the Council and there is nothing that he can do. COUNCILMAN POWELL moved that we allow wharfage permits for The Discovery and The Jubilee on the basis that they are on -going daily business (while the others are incidental business),and that any other loading or unloading on a commercial basis be contracted with private marinas and that the City Attorney be instructed to draw up an ordinance for the use of the waterfront in Lowell Park. COUNCILMAN ROGER PETERSON seconded the motion. COUNCILMAN HARRY PETERSON felt that they would have a tough time establisaing these other two boats as being commercial ventures - he doubted that they had ticket sales - they probably don't pay a sales tax or any such thing as that - they would have to assume a commercial venture or assume that they are trying of to recover ventures. costs - that nobody al obody can use that wharf to load or unload boats. COUNCILMPN POWELL stated that the buden of proof would fall upon the Council to the wish to if enforce the t ordinance they would it. MR. MAGNUSON stated that any ordinance is helpful if there is a problem that you are dealing with when you draw the orinance - as far as he knew there had been no problems with any of those boats - this would be a regulatory ordinance on the books and don't know what particular evil is trying to be corrected and then the City will be stuck with the enforcing it which could be very difficult. COUNCILMAN ROGER PETERSON did not feel that the evil was going through the bridge, but he felt it is the potential of the total number of requests that could be received and if we do not have an ordinance it would be very easy to act on any such requests since they can only have two. MR. MAGNUSON stated that the problem is the regulation of the waterfront based on the problems and not to be discriminatory. COUNCILMAN ROGER PETERSON felt that everyone in the City was subsidizing them since they do not pay taxes, liquor licenses, assessments, etc. BILL HAHN stated that his concern was that the Lowell Park be available to the people of Stillwarer - he did not feel that we need a boat or two sitting on the river to make it beautiful and attractive - the and the lac heopeople d a place to have a picnic lunch without being in conflict with t people that are going on these charters - he suggested tha - hey move down into the Aiple area and a marina for of boats l - Lowell Park chat it into neighborhood park for the people who live downtown and felt that the City deny any further permits and also appoint Mr. Van Wormer or somone from downtown to get some of the property back from Mr. Aiple and make that into a marina and a commercial charter operation center. JIM GANNON stated that he has a boat and he picks up people down in Lowell Park all of the time - it is much handier to get on and off of boats at Lowell Park than it is at most of the area. COUNCILMAN ROGER PETERSON withdrew his seond and COUNCILMAN POWELL withdrew his motion. COUNCILMAN POWELL felt that the two permits have been granted and that it is reasonable to allow than to go on this year - if there is any further discussion to be considered that that be done over the winter season so that they can come up with something - it is a little late to drag this all out now and he felt that the arrangement that Mr. Griffith has worked out on the parking will not be as bad a situation as we had last year - have an ordinance drawn up to solve some of the problems and that the two additional requests be denied. COUNCILMAN POWELL moved that the arrangements made with The Jubilee stand for this year and that in the interim an ordinance governing Wharfage Permits be drawn and enacted so that it can be in force next year and that no other wharfage permit be granted other than the two commercial ones (The Jubilee and The Discovery) for this year. COUNCILMAN ROGER PETERSON seconded the motion. (all in favor) TAXI -CAB LICENSING MR. MAGNUSON stated that in the old ordiance there was no provision for the revocation of the license. r mm •u t. • • • • • • mi s • May 2, 1979 • There was discussion as to whether or not meters should be required - the ordinance which he has prepared does provide for meters. This ordinance was sent to both taxi -cab companies and Le did not hear from either of them. Also the vehicle and the driver must have a license - it is required by State Statute but the ordinance did not require the licensing of the driver. MR. MAGNUSON had contacted numerous cities for the copies of their ordinances. COUNCILMAN POWELL inquired as to how many had meters and MR. MAGNUSON stated most of them. There was discussion about the charges made and the liability for carrying more than one passenger at the same time and the charges for transportating. COUNCILMAN ROGER PETERSON asked if this new ordinance is of any benefit to the citizens over the other ordinance - competition is the best thing in the world which should regulate the rates. There was discussion about the parking spaces for the two taxi -cab companies which were authoirized on last Thursday evening, which is in accordance with the ordinance - they are allowed two spaces upon request from the City Council. COUNCILMAN POWELL cited the fact that there are three or more cabs parked by the Valley Auto most of the time and this should not be permitted. COUNCILMAN ROGER PETERSON could see no need for the licensing of the drivers - this is provided for in the state law - didn't feel that we need meters - he felt that we should have some provisions for revocation, but other than that he did not feel that the rest of the new ordinance was needed. MR. MAGNUSON stated that we should keep the old ordinance, regulate drivers, provide a revocation, keep the continuous service, with 24 hours service by phone, but have an office open, increase the insurance to provide "No Fault" limits; provide each of them with two free parking spots. COUNCILMAN HARRY PETERSON did not feel that we should be taking a Main Street parking meter for a taxi -cab parking. COUNCILWOMAN BODLOVICK stated that the Valley Taxi has an office on Greeley Street and a free phone service at the Valley Dri- Kleenette. COUNCILMAN POWELL stated that he had comments for several of the business men that the parking and really good at the present time and the only reason for that is that the overtime parking is being enforced. We are not concerned with the number of tickets - it is the movement of the downtown traffic. MR. MAGNUSON was directed to change the ordinance to allow for only one free parking for each taxi -cab stand. MR. MAGNUSON WILL PREPARE THE NECESSARY AMENDMENTS FOR THE SECOND READING AT A FUTURE MEETING. BOARD OF REVIEW On motion of Councilman Roger Peterson, seconded by Councilman Powell, Councilman Harry Peterson was appointed to serve on the Board of Review along with Councilwoman Bodlovick, and Mayor Junker. MISCELLANEOUS MR. KRIESEL asked the Council about allowing persons to inspect or tour the old Nelson School Building and the Council directed that this should be stopped immediately. SOLID WASTE MR. KRIESEL explained the results of the survey - Alternative No. 1 - 15.5% and Alternative No. 2 was 49 %. COUNCILMAN ROGER PETERSON did not feel that the Committee was within its power to even consider that - the people that he has talked to - not one of them was in favor of a $1.00 per month additional charge. They feel that if they use it they should pay for it. 275 • u • Ir •676 • COUNCILMAN ROGER PETERSON asked why did the committee think Alternative No. 1 was the solution and MR. KRIESEL stated that mainly since Junker Sanitation did not have an increase in rates since January if 1978 and that in June it would be a year and a half and that they would be coming in for an increase anyway. The City has already committed themselves to $36,000 and if the rate is increased 50c now then there is only $18,000 that would have to be made up for the first half of the year. They felt that the net result would be the same. COUNCILMAN HARRY PETERSON felt that one of the problems of the pay as you go is getting a collector - Junker does not want to provide a collection service as such - he does not want to put a man down there - he does not want to police it - the City doesn't want to police it as a City, so the question is whether or not we could get any enterprise or individual to take over the location and say - you can have it - you pay Junker what he needs to haul those boxes out of there and keep the profits - he was in favor of the pay as you go - the user pays, but the City has Otto find a way to do that. COUNCILMAN ROGER PETERSON felt that the most unfair way was to pass it on as a general raise - a flat across the board increase for everyone whether he uses it or not is not fair - how it is done- either by reducing the hours - or advertise for bids. MAYOR JUNEER stated that from what he understood that there will be a proposal at the next regular Council meeting from Junker Sanitation - this will be for con- trolling the whole thing. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the meeting adjourned at 8:30 P. M. Attest: od `-) City Clerk ,e. a - mss ti� May 2, 1979 Mayor A 11 S. • w • • •