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HomeMy WebLinkAbout1985-03-19 CC MIN• "MI COUNCIL CHAMBERS REGULAR MEETING STILLWATER CITY COUNCIL MINUTES March 19, 1985 4:00 P. M. The meeting was called to order ty Mayor Peterson. Present: Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson Absent: None Also Present: City Coordinator, Kriesel City Attorney Magnuson Public Safety Director Mawhorter City Engineer Meister Director of Parks & Recreation Blekum Building Official Zepper Consulting Engineer David, SEH Finance Director Caruso Fire Chief Chial Press: Sharon Baker, Stillwater Gazette Others: Mike Robinson PETITIONS OF INDPiIDUALS OR DELEGATIONS 1. Mike Robinson, MN/DOT, Traffic Signal Revisions on Main Street. - MN/DOT would like to revise the two existing traffic signals at the two main intersections in town -- Chestnut and Myrtle Streets. Mr. Robinson also gave some historical back- ground on these signal locations. MN/DOT would like to install "protected permissive" signal indication this summer. This type of signaling would use a green arrow for exclusive left turn indications, which would then be followed by a "yellow arrow", which is a clearance interval, followed by a green ball indication allowing people to also make left turns, while yielding to oncoming traffic and pedestrians in the crosswalk. This would apply to each of three left turn phases that is present in the two signal systems. Mr. Robinson delcared this to be a more efficient operation by clearing the intersection at a faster pace. The cost of the operation would be $20,000 for each intersection and based on the participation policy, the State would pay for three -fourths of the signal at Main and Chestnut and the County would pay the remaining fourth. At Myrtle, the State would Fay one-half of the cost and the City would pay the other half. Motion by Councilmenber Junker, seconded by Councilmrdjer Bodlovick to participate in the program with MN/DOr for traffic signal revision at two Main Street location — Chestnut and Myrtle Streets. (al,' in favor) —Another item that hss been discussed with !WE/ P is an effort to do some bettersigning at Nelsen and Main Street in order to acquire more consideration for the pedestrian in the cross- walks. A proposal has been made that the Transportation Departnont install an advance pedestrian crosswalk sin south of the intersection as people approach the City. They will install, at the City's expense, a sign closer to the crosswalk indicating state law and 'yield to pedestrian in crosswalk" and the cost would be $53.22. This sign would be in addition to the overhead sign with flasher which is in place now. City Attorney Magnuson stated it appears that the light narks only the south crosswalk and drivers only have to stop at this poi: t; more people cross at the north side of the intersection where there is no marking on the road. Olive Street was also mentioned as another strategic corner for signing. Motion by Ccnmcilnenter Junker, seconded by Councilnerter MacDonald to have FN/DYF install a pedestrian crosswalk sign at Nelson Street at the cost of $53.22. (all in favor) STAFF REPORTS 1. Public Safety - Chief Mawhorter advised that he and the Sergeants Beberg, Bell, and Klosowsky will be attending a staff cnnend school the last week of March and the first week of April. —The staff at Warm World located at Fourth and Myrtle have contacted the Police Department reruesting sore signing between their location and the church across the street indicating that snail children nay be present and to take precautions. Motion by Councilmerber Junker, seconeed by Concilmerher Scyllovick to place warning signs at Fourth and Myrtle Streets indicating the presence of small children. (all in favor) 2. Public Works - Ken Meister stated he has received a request from the Stillwater Senior High School for the placement of a banner above Main Street in Downtown Stillwater noting the school's choir trip to New York in April and two concerts in support of this trip. The State has declared such an activity must be a City function and be backed by the City. The installation will be done by the Fire Department. Motion by CouncilmeNter Junker, seconded by Counciimenter Kimble to authorize the placement of a banner in Downtam Stillwater noting the concerts and support of the New York trip for the Stillwater Senior High School Choir. (all in favor) • March 19, 1985 • • PUBLIC FORKS - continued — Mr. Meister brought to the Counci;s attention the big tree located at Fourth and Willard which was in the process of being removed some years ago, but was halted by the Historical Gcnmittee. The tree has been bit by a car, has a large crack and poses some danger. Mr. Meister would like permission to rake it down. Fart of the tree is on public property and part on private property. The Council directed the staff to consult with the property owner and take the appropriate action. — Mr. Meister reinrted on the drainage problem which is of Ling the septic system of Janet Schell at Poplar and Fifth Streets. He stated there are two alternatives — the first was to install a new septic system at a higher elevation, including some inside plumbing work and deternuine if there is ground water in the area and percolation tests at an estimated cost of $2,400. The second alternative is to provide a storm sewer which would run approximately 325 feet down past her drive- way at about $7,000, not including any easement cost which would have to be obtained from Mrs. Peterson and Mrs. Schell. If the City decides to participate in one of these alternatives Mr Meister said he would tuumttnd installing a new septic system. The Council discussion followed and there was same thought that the homeowner should share the costs of correcting the problem. Council deferred action on this itan to see if the property would ve included finder the Community Block Grant program and to ascertain Mrs. Schell's thoughts on the problem. 3. Building Official - Mr. Zepper asked for clarification as to whether the Sign Ordinance affects the Industrial Park. Council stated no . - -Mr. Zepper asked if the City should have same standards in regard to minimnnn size of housing. The Council directed Mr. Zapper and Mr. rtgnuson to work on this issue. —Motion by Councilmenber Junker, seconded by Cbuncilmenber Kimble to approved the attendance at a free State Cade update Seminar for Mr. Zepper on April 4 and April 23 for Mr. Rylander. (all in favor) 4. Finance Director - MS. Caruso gave a report on a proposal for a new mailing machine. Motion by Councilmsmber MacDonald, seconded by Councilnrenber Kimble to purchase the Friden mailing machine at a cost of $1,695. (all in favor) — Me. Caruso also presented a proposal for a new copy machine. Motion by Councidmember MacDonald, seconded by muncilmnrber Kimble to authorize purchase of a new Sevin copy machine at a cost of $7, 853. (all in favor) The present Sevin copy nadiine will be moved to the Police Department for their use. 5. Parks & Recreation - Mr. Blekun presented an application to sell and consume beer at St. Michael's Much Parish Picnie at Pioneer Park on May 19, 1985. Motion by Councihimenbr Junker, seconded by Concilmerter Kixble to approve the application of St. Michael's Chude3h to sell and consume beer at their parish picnic on May 19, 1985 from non to closing at Pioneer Park. (all in favor) —Motion by Councilmater Kimble, seconded by aouncilnerter Rdlovick to adopt the appropriate resolution "Thanking the River Valley Lions" for the work they have done in Pioneer Park. (Reslution No. 7454) Ayes-Councihmetber Hodlovick, Dunker, Kinble, Macdonald and Mayor Peterson Nays --None 6. Consulting Engineer - Jeff Davis of SEA was present to discuss the street improvetanrs and revised figures for the Churchill and Pine Street area. MBA funding could be increased by using some of the 1986 allotment. The previous plan assessed at $72 a front foot in Option 1, and $54 a front foot in Option 4. The new Ian will assess at $66 per front foot for Option 1 and $39 a front foot for Option 4. Extensive discussion followed between the Council and the Staff. Councilnenter Kimble presented a plan - a change in the City's assessment policy — after speak- ing with a amber of residents. He stated the costs are quite prohibitive to the homeowners and that the Council nay be irresponsible if it delays the project for a long time in that the costs will rise considerably. He suggested that the Council approve the project under Option 1 as per the revised costs with the stipulation that the benefited properties be assessed 65% and the City pay 35% through a general tax levy. This nay require the letting of lads to pay these assessments. Councilmauber Itimble suggested the whole City be made aware of the possible change in the assessment policy and to get input fran then on this issue. Motion by Nuncilmadoer a,dlovick, seconded by Councilnerber Junker to continue the Public Hearing for kcal Improvement No. 220 at the April 2, 1985 meeting. (all in favor) CITY ATTORNEY MAGNUSON suggested that an appraisal should be done prior to ordering the improvement to be sure of the position. OOUNCIIMEMBER KIMBLE affirmed this. 7. Fire Chief - Mr. dhial reported that he expected to have the specifications for the new fire trucks in the next couple of weeks. 8. City Attorney - Mn Magnuson will present the new draft for the taxi ordinance at the evening meeting 4 • • March 19, 1985 9. City Coordinator - Mr. Kriesel stated the City has had a seed request to sell Lots 7, 9 and 11 in Beach's AdOl tion, City property, located in Oak Park Heights. He would like to have the City consider the sale of this property. Motion by CounciLrenher Junker, seconded by COCncilmenber Bodlovick to get an appraisal on the City property, Ints 7,9 and 11 Beach's Addition, located in Oak Park Heighrs and put the land up for sale. (a11 in favor) —Mr. Kriesel stated Jim Fackler of the Ice Arena would like to give the old scoreboard from the Arena to the High School. Motion by Cbuncilmenber Junket, seconded by CbunciLrenber Kimble to sell the old score- board from the Ice Arena to the Savior High School for $1.00. (all in favor) —Mr. Kriesel announced there will be a Board of Equalization meeting on May 8 and the County Assessor wants to know if the City would like to meet with then prior to that meeting. the suggested dates are April 29, 30 or May 1. The Council chose the date of April 29 at 4:30 P. M. to meet with the Washington County Assessor. RESDLUIT NS No. 7454 - thanking River Valley Lions. APICURNMENf Motion by Council:ember Junker, seconded by Councilnenber Kimble to recess the Greeting until 7:30 P. M. (all in favor) darAmayfira.) Attest: !302 • • COUNCIL CHAMBERS RECESSED MEETING STILLWATER CITY COUNCIL MINUTES March 19, 1985 The meeting was reconvened by Mayor Peterson. The Invocation was Present: Absent: Also Present: Press Others: 7:30 P. M. given by City Coordinator Kriesel Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson None City Coordinator Kriesel City Attorney Magnuson Building Official Zepper None Mrs. Greg Daigle, Barbara & Steven Roettger, Ray Kirchner, Jim LeTourneau, Rick Martin, David Sjolund, Kathleen Carlson, Walt Martman, Jan Gage, Robert Lorentzen APPROVAL OF MINUTES Motion by CeuncilnEter Junker, seconded by Wumcilmenber Kerb le to approve the minutes of the March 5, 1985 Regular Meeting at 7:30 P. M. (all in favor) INDIVIDUALS & DELEGATIONS 1. DAVW STOUXlD, who works for a restaurant in the 317 South Main Street Building, (New Boom ub.), was presort to request a Coney Island type restaurant in the rounded part of The Boon Co. towards the back. Along with this, they are requesting a sliding window and to sell the coneys to the people on the street. MR. ZEPPER stated he has a problem with this - the handicapped access oisn�at this point and this would be hazardous. MR. ZEPPER also stated the whole handicap ramp is ty pzopertyand this ends right at the edge of the building. MR. S7OLUND will also have a restaurant iinside to serve such n the sunne-r months. iscussi.ouchili fol owed between the l and Mr. Swljwolond. be served only et7 rEL stated that a us of the crowds of reads that "any use of property abutting on a public street or sidewalk which anuses large crowds e' people to gather, obstructing traffic and the free use of the streets or sidewalks is prohibited, except as permitted by the City Council". (This item was set aside until the arrival of City Attorney, Magnuson) 2. Kathleen Carlson - Washington County HRA - Ms. Carlson stated that Washington Co. HRA is interested in owrking with the City on a program wan MEffA whith is going into its second phase of finding. Ms. Carlson explained further that Washington County BRA would be responsible for determining whether the building is in the right target area, etc. to be a part of this program. Motion by Coumcilmarber Junker, seconded by Concilnember Kimble to authorize City participation in the MHFA program with Washington County BRA. (all in favor) --Ms. Carlson was also present to discuss tax increment financing and update the Council on this program. Walt Hartman was also present to discuss this issue. They have collected data and have identified the parcels of land that will be in the tax increment district. They would like to bring a draft of the tax increment plan to the next Council meeting and discuss this panan d clarify with the Council, set a hearing date for April 16, and the City Council and HRA get together a issues before the hearing. UNFINISF' €D BUSINESS 1. Ravnond Kirchner request for tot Split. Continuation of Public Nearing. Mr. Kriesel stated the City has received a letter from Washington County Public Works re- commending that the City not allow access to County Highway 5 from this lot. There istalso a Resolution that was adopted on Noveiber 17, 1977 when al estate City e shallc nveyed edthe e prper property ate Herr, stating pe "ihattthe bissued portion of said real estate until a new plat of that no building permit shall be issued on any Po into, not in excess said property has been approved and filed shshh shall dividejthe property of five residential ng lots, all of which lotsrm shall l tstlCoanty d Not5.' ,on mom is also be no accesses,a lApril 3, or egresses,accesses, a copy of a deed April 3, 1978 which says that in the conveyance there shall not be any ingresses, or egresses from the sane lot to County Highway 5. Mt. Kirchner, stated he has not seen copies of these documents, except the Resolution. Mayor Peterson stated he has received several petitions with approximately three cozen names protesting the possibility of the potentially dangerous egress proposed from this lot to Olive StrttL and the dangerous situation it would create. Mr. Kirchner presented a petition from four neighbors saying that they do not object to the splitting of the lot. Mt. Kirchner summarized his proposal. Some discussion occured on an access from Cek Street, but Mr. Kirchner stated the neighbors would disapprove of this. Mrs Barbara Roettger, 1612 West Cak Street, is opposed to a 'house on that lot because it will block some of the view, the traffic on County Road 5 is too fast and heavy for an access at this point -- it is too dangerous. Mr. Kirchner agreed with the street vacation when it happened. • • erN March 19, 1985 303\ Jan Gage, 1912 West Celt Street coons Lot No. 2, read frau a copy of her deed where it states that it is subject to the restriction of record saying that all lots shall be subject to a r . limitation where there are no accesses, ingresses, or egresses from said lots to County Road No. 5. She stated she has submitted a petition signed by neighbors who are concerned about the dangerous situation this would create on Olive Street. Mr. Robert Lorentzen, 1811 West Qnive Street next to the land owned by Mr. Kirchner stated he has no objections to a house being built there, but did not know there was an ordinance forbidding a driveway from that lot. He added it is a dangerous curve. Mr. Kirchner said he had no indication that rutting a driveway off of County Road 5 would be a problem and that this would not be allowed. City Attorney Magnuson stated this restrictive covenant relating to the accesses, ingresses and egresses is clearly stated on the deed and t1: property was bought subject to this condition and is valid. EWYcR PEI R.SON CLOSED 1EBi PUBLIC HEARING. Motion by Councilmenber Kimble, seconded by Counciimerber Bodlovick to deny the request for the lot split for Raymond W.Kirchner property at a p ox±nutely 1905 West Olive Street because of the dangerous street situation in regard to the driveway, and the restrictive covenant relating to accesses, ingresses, or egresses to CountyHighwayNo. 5 fran this lot recorded on the original deed. (all in favor) 2. David Siolund, request for money Island Window Restaurant in The Boar Co. Building - Continued MR. ZEPPER summarized the requestfor City Attorney Magnuson. It was again stated this is a hazardous comer for this type of operation. MR. MAGNUSCN cited the ordinance stated previously by Mr. Kriesel. OOUNCIIh4M4BER KIMBLE stated he does not think there would be large groups of people blocking the sidewalk at the proposed location and is opposed to taking any action on this natter. If there is a problem, action could be taken at that time. MR. MAGNUSON stated the the type of nuisance would be a crowd of people spilling over onto the sidewalk creating a danger to the public - traffic hazards. (No action was taken by the Council). 3. Taxi Ordinance - Mr. Magnuson explained the changes that have been made to the Taxi Ordinance. The Council and the Staff discussed the charges. The Council then voted on each Subdivision of the Taxi Ordinance No. 632: Subdivision 8. Vehicle Inspection. Ayes — Councilmerbers Bodlovick, Joker, Kimble, MacDonald and Mayor Peterson Nays -- None Subdivision 9. Conditions for Drivers.- One item was added, that being, the driver shall have a driver's license valid "under the laws of Minnesota". Ayes — Councibnenbers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson Nays — None 9ubii vision 7. Rates. This section eliminates the current rate schedule. It also adds that the schedule of rates shall be posted for the benefit of the passenger. Ayes -- Canc'lnntiers Bodlovick, Junker.Kinble, MacDonald and Mayor Peterson. Nays — None subdivision 4 (a). Meters. Ayes—Concilmerbers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson Nays —None Section 5. 17xicats full compliance with the ordinance shall be within 30 days. Ayes— CanciLbers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays— Slane Same discussion ensued in regard to taxis transporting packages. It was noted that such a vehicle mast be licensed by the state of Minnesota, IOC, and meet certain requirements. Section 6. Ordinance shall be in full force 6 effect from and after its passage and publication according to law. Ayes--Councilmmbers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson Nay —None Ordinance No. 63, Amending Stillwater City Code Cjapter 45 Taxicabs was voted upon in its entirety by the City Council: Ayes --CounclhiacLers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson Nays --None Wei • March 19, 1985 4. Ordinance No. 633 - Authorizing the Washington County HRA to act on behalf of the City of Stillwater. This ordinance was voted upon in its entirety by the City Council. Ayes--Councilmahers Bodlovick, Junker, Kirble, MacDonald and Mayor Peterson Nays --None NEW BUSINESS 1. Re -apportionment of Assessments - Outiots A & B Stillwater Industrial Park. MR. KRIISEL said this will be continued to another meeting because of some questions that have been raised. 2. Motion by C uncilmerber Junker, secaneed by Councilmember Kimble to set the date of April 2, 1985 at 7:30 P. M. for the Public Hearing. for Joseph Cosgrove, 702 North Fourth Street, request for a eight foot building separation variance for a new garage. (all in favor) 3. Motion by Councilmanber Junker, seconeed by Q,uncilmerber MacDonald to set the date of April 2, 1985 for the Public Hearing for Lek Glen Tbwbhones Plat No. 2 for Final Plat Approval. (aliiin favor) 4. Resolution "Directing Payment of Bills" Motion by Councilmedrr Dunker, seconded by CamciLranber Bodlovick to adopt the appropriate resolution "Directing Payment of Bills". (Resolution No. 7453) Ayes — Qrmcilmerbers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays — None COUNCIL REQUEST ITEMS — Counciinerber MacDonald initiated a discussion in regard to the Dog Catcher. Mt. Kriesel will speak with Fb1ice thief Mawhorter to see if the Dog Catcher can patrol during different hours. --Mayor Peterson announced that Jahn Easton has resigned from the Tort Authority and the Main Street Commission. He is recommending Bob lhuifeon for the Port Authority and Ed Stuart for the Main Street Commission. Motion by Co mciLrerber Bodlovick, seconded by Counci]narber Kimble to appoint Bob Thomson as a mercer of the Tort Authority; and Ed Stuart as a nicer of the Main Street Commission. (all in favor) - -Nuncilnarber MacDonald gave a report on the Ice Arai Commission. They are remmadinc a board be established, similar to the Library Board, to manage the arena more efficiently. APPLICATl(NS Motion by Conncilmamber Kimble, seconded by Councidnadner Junker to approve the following Contractor's licenses: (all in favor) Pdveit Custom Hanes, Inc. 350 Little Canada Road, St. Paul, Mn. 55117 Psphalt Driveway Qngsny 1211 E. Hy. 36, St. Paul, Mn. 55109 C & A Construction Carg»ny 12575 Keller Ave., Hugo, Men. 55038 Fred A. Deutsch 635 W. Shryer Ave., St. Paul, Mn. 55113 Jack Hogberg 211 N. 7th St., Bayport, Mn. 55003 G1en Johnson Construction R. R. 91, Bag 52, St. Joseph, WI. 54082 Tester's of Minnesota Lester Prairie, Mn. 55354 Miller Excavating, Inc. 3636 Stagecoach Tr. N., Stillwater 55082 Moelter Construction Correa ny 2938 quant Avenue North, Stillwater 55082 Dick Nelson, Inc. 140 South Third Street, Stillwater Penguin insulation Company 14820 - 6lst St. Ct. No., Stillwater Don Roettger Hare Improvement P. O. Box 63, Stillwater ltKo Construction 3880 laVerne Avenue N., Take Ebro 55042 Harry Waterman 2099 Flanders Rd., St. Paul 55109 General Renewal Blacktopping Renewal General New Masonry & Brick Work Renewal Painting Renewal General Renewal General New Excavators Renewal Excavators Renewal General Renewed Insulation Renewal General Renewal General Renewal Masonry & Brick Work New March 19, 1985 305\ • • APPLICATIONS —continued —Motion by Councihnember Bedlovick, seconded by Council: MacDonald to approve the Cigarette License for the following: (all in favor) Brad's Mobil 823 South Fburth Street, Stillwater New —Motion by Coumcilmember Kimble, seconded by counciLrenber Junker to approve a taxicab license for St. Croix Transportation, Inc. subject to submission of a Certificate of Insurance: (all in favor) STAFF RESORTS (continued) 1. Mr. Kriesel presnted a hill fran Pinky's Croixland for pumping three tanks for Janet Schell, 1904 North Fifth Street, in the amount of $140.00. Motion by Coumcilnenber Junker, Pinky's Croixland for the pumping of Ayes—Councilmembers Junkcer, Kimble, Nays —Mane Abstained - Councilmanbe ' Dodlovick. seconeed by Nuncilmember Kimble to pay the $140.00 bill for three tanks for Janet Schell. MacDonald and Mayor Peterson (Motion carried) Mayor Peterson stated that this is the last bill the City will pay until a resolution is found for Mts. Schell's septic tank problem. 2. Mr. Kriesel presented a sewer bill from Mdahl's. This account has been billed affording to canmercial account procedures and should have been charged as a residential account. There is a $312.00 credit awing to these people. Motion by Co ncilmnrber Junker, seconded by CounciLmiemer nodlovick to reimburse Nndahl's $312.00 for the overcharge on their sewer bill. (all in favor) 3. Mr. Kriesel explained a utility bill problem presented by Dorothy Feker. She is requesting an adjusted bill because of a leak in her water system. The Council discussed a policy to handle this situation by decking the first quarter of 1985 usage before issuing a credit. Motion by Coumcilmember Kimble, seconeed by cbumcibnarber Junker to adjust Ms. Ecker's sewer bill according to the policy devised by the Council. (all in favor) 4. Mr. Kriesel presented a request fran The Purple Foot, Inc. for a wine permit for Lcmberjack nays. MR. MKNIISCN s t that wineries are entitled to one retail outlet for selling their wine and nem-profit organizations osn be issued a one -day permit for the sale of wine. It is doubtful that this organization is non-profit. It is the City's understanding that they need to be licensed by the State. Motion by Coimcilmenber, Jumker, seconded by Cbumcilmember Bodlovick that City Attorney Magnuson write The Purple Foot, Inc. explaining the Council's position on their request, that they need to be licensed by the State. (all in favor) 5. Mayor Peterson explained that the letter from the Minnesota Grocers' Association is for information purposes only. 6. Mr. Kriesel announced that the City has received a proposal fran the Police Department for their 1985 Contract and asked how the City Council would like to handle negotiations. The Cbumcil will discuss this at the special meeting that will be held on April 9, 1985. ORDINANCES Second readings - Ordinance No. 632 - Amending Stillwater City code Chapter 45 Taxicabs - Ordinance No. 633 - Authorizing the Washington County NRA to Act on Behalf of the City of Stillwater Resolutions No. 7453 -Directing Payment of Bills. ADJOURNMENP Motion by Ormcifrenber Kimble seconded by Onmcilnember Dunker to adjourn the meeting at 10:00 P. M. (all in favor) Attest: City /Clerk 6 / `r 7 N . Il or • •