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HomeMy WebLinkAbout1985-04-16 CC MIN! 610 s STILLWATER CITY COUNCIL REGULAR MEETING APRIL 16, 1985 The meeting was called to order by Mayor Peterson. Present: Councilmembers Bodlovick, Junket and Mayor Peterson Councilmember MacDonald arrived at 4:16 P. M. Councilmember Kinble arrived at 4:22 P. M. 4:00 P. M. Absent: None Also Present: City Coordinator, Kriesel City Attorney, Magnuson Public Safety Director, Mawborter City Engineer, Meister Director of Parks 6 Recreation, Blekum Building Official, Zepper Finance Director, Caruso Fire Chief, Chial City Clerk, Johnson Press: Sharon Baker, Gazette Others: Tom O'Brien, Sheri Gray, Debbie Payson, Don Kielsa PETITIONS OP INDIVIDUALS OR DELEGATIONS 1. Downtown Council - Blank Permits for Events in Lowell Park. Tom O'Brien, President of the Downtown Council, was present to request a blanket permit f rthe Downtown Council, certain dates ese throughout the summer, for the use of Lowell Park. The dates named in the permit a. Rivertown Arts Festival b. 4th of July Celebration c. Change of Seasons Festival d. Any City-wide event specifically known aC this time in the nature of Any Wind Symphony Festival held during 1984 rk. The reason for the request is in order to control vendorsuin ththe JparkOe , The hey vendors they are considering woulde. be They areo concernedfit i aboutnpermitting local shopkeepers Women, church stiles, operating and still keeping out outside vendors. Discussion ensued regarding dis- criminating against outside vendors on these days. MR. KRIESEL clarified the issue by stating what the Downtown Council is trying to do is exclude a proliferation of peddlers during the civic events which are put on by the local non-profit groups as a fundraiser. The suggestion was made to issue five permits and tell others that the permits are filled. (Councilmember MacDonald arrived at 4:16 P. M.) Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve a blanket permit for the Downtown Council to have exclusive rights as a "peddler" to all parks and municipal parking lots within the CA (Business District) of the City of Stillwater during special Cityevents Coordinatorspecandific Mayorordtoo eliminate anyg of the mdiscrimto be - drafted by the City Attorney, ins favor) Snati on. 2. Stillwater Chamber of Commerce - Lumberjack Days SHERI GRAY, a representative for Lumberjack Days, was present to inform the Council that Lumberjack Days will be held July 18 - 21 and to request exclusive use of the north and south ends of Lowell Park and also Pioneer Park. The committee is also requesting that beer permits be issued to the Stillwater Chamber of Commerce, the Jaycees and the VFW. They are asking that they be allowed to be open the same hours aas last yer on llowed toa astay opensday untilnd Friday 11:00 P. Menights, onSaturday1:00 night. M and that they be (Councilmember Kimble arrived at 4:22 P. M.) The area where beer is sold will be fenced and this will be monitored so that no beer is sold or goes out of this area. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the he request of the oStillwater ChamberPioneer oParkCe beerfor [ permits fore then Chamber of of the Commerce, th and south ends of Lowell Park . Jaycees and VFW; to remain open until 11;00 P. M. on Thursday, Friday, and Saturday nights and to have the same areas fenced as last year during Lumberjack Days. (all in favor) • • • • April 16, 1985 - continued 3. Don Kielsa, Permission to park food wagon in River Parking Lot. MR. KIELSA explained that he would like to again park a pop and beer wagon in the park on The hours will July4th4 from n5:001 toi 11:00eP r [Me sponsorship Fireworks willof tbe held he toabout wn u9:00- 9:30 P. M. Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the request of the Downtown Council to park a pop and beer wagon in the park on the 4th of July, with a closing time of 11:00 P. M. (all in favor) --MR. KIELSA also requested to park his foud wagon in Lowell Park for one season. City Attorney Magnuson stated that Mr. Kielsa would be subject to the approval of the Downtown Council, as well as the City, because they have been issued the blanket permit for specific events. TOM O'BRIEN stated concern with the blanket permit that was approved for the Down- town Council because it appears to be squeezing out the local businesses. Discussion followed on this issue. MR. KEILSA stated that he is willing to move his wagon during special events. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve a six-month permit for Don Kielsa to approve his peddler's permit to park a food wagon in Lowell Park. (all in favor) --TOM O'BRIEN, of the Downtown Council, requested to withdraw his request for a Blanket Permit to have exclusive use of Lowell Park for certain events. Councilmember Junker withdrew his motion and Councilmember Bodlovick withdrew her second to the motion. (This was done to clarify the wording of the permit.) MR. KRIESEL asked about the wording of Mr. Kielsa's permit in regard to being in the park during certain events and the Council directed that hsi permit is subject to approval of the Downtown Council for special events. COUNCILMEMBER MACDONALD stated his concern that by allowing this permit, it would open the City to some permit requests that it woul be hard to deny. Discussion followed. STAFF REPORTS 1. PUBLIC WORKS MR. MEISTER stated that he, Mr. Kriesel and Councilmember Junker had interviewed applicants for the Sewer Maintenance position and they recommended that Jeff Johnson be hired. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appnpriate resolution approving the employment of Jeff Johnson for the Sewer Maintenance position. (Resolution No. 7461) AYES--Councilmembera Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson Nays --None --MR. MEISTER requested that the Interceptor Sewer line along the river be re - televised this spring. It was televised last fall after the work was completed, but needs to be done again this spring. He received a quote to do this for approximately $2,744.00. This would include indications of any joints leaking and those would then be sealed. MB. KRIESEL stated this payment would come from the Sever Fund. Motion by Councilmember Bodlovick, seconded by Councilmember Junker to approve the televising of the Interceptor Sewer line at a cost of approximately $2,744.00. (all in favor) 2. PUBLIC SAFETY POLICE CHIEF MAWHORTER reported on the placing of signs in the Dutchtown area regarding caution for children playing. Motion by Councilmember Junker, seconded by Councilmember Kimble to adopt the appropriate resolution for the placement of "Slow Children" signs 75 feet east of S.T.H. 95 on Alder Street; and fifty feet east of S.T.H. 95 on Hazel Street. (Resolution No. 7462) AYES-Councilmembera Bodlovick, Kimble, Junker and Mayor Peterson NAYS--Councilmember MacDonald --CHIEF MAWHORTER stated he has a memo from Diane Nelson who is resigning from the part-time secretary position. He is requesting to replace her. Motion by Councilmember Junker, seconded by Councilmember MacDonald to grant authorization to the Police Chief to recruit persons for the part-time police secretary position. (all in favor) 31* • • • April 16, 1985 - continued • 3. BUILDING OFFICIAL No report 4. FINANCE FINANCE DIRECTOR CARUSO reported that she has met with the City Attorney on the Gazette overcharges. The overcharge amounted to $8,089.00 for a six -year period. She has received a letter from the Gazette with a counter-offer of $1,600. It would be difficult to prove that they did overcharge the City prior to 1980. MS. CARUSO and MR. MAGNUSON settled on the counter-offer of $4,348.00 overcharges from 1981-84. Motion by Councilmember Junker, seconded by Councilmember Kimble to counter- offer the amount of $4,348.00 to the Gazette for the overcharges. (all infavor) 5. PARKS 6 RECREATION MR. BLEKUM reported that the septic system at the Park 6 Recreation Office is not working properly and bas received two quotes for the repair work. He has received one from Mr. Junker in the amount of $1,250.00 with no restoration done; and another from Rick Fuhr in the amount of $650.00. Discussion followed as to whether Mr. Junker, as a Councilmember, would be allowed to bid a job and to do work for the City. Motion by Councilmember Junker seconded by Councilmember Bodlovick to award the quote for repair of the septic system at the Park 6 Recreation Office to Rick Fuhr for the amount of $650.00. (all in favor) - -MR. BLEKUM requested permission to seek bids to replace lights at the Ice Arena, capacitors for the compressor motors, and a new chemical pump on the condenser. (Councilmember Junker left at 5:15 P. M.) Motion by Councilmember Bodlovick, seconded by Councilmember MacDonald to grant permission for Mr. Blelum to solicit bids to replace lights at the Ice Arena. (all in favor) - -MAYOR PETERSON brought attention to the fact that the Park 6 Recreation Department has installed a bench in front of the Old Post Office, contributed by the family of Harry Erickson. 6. FIRE CHIEF MR. CHIAL stated that the Fire Department needs to replace some furniture and two couches can be purchased from Simonet's for $900.00. Motion by Councilmember Bodlovick, seconded by Councilmember MacDonald to allow the Fire Department to purchase two couches from Simonet's for $900.00. (all in favor) --MR. CHIAL requested one of the Council to sit on a committee to screen the applicants who have applied for the Volunteer Fire Fighter's positions. (Councilmember MacDonald will sit on this committee) 7. CITY ATTORNEY MR. MAGNUSON announced that a bearing will be held at City Hall tomorriw, April 17, on the orderly annexation of the Finneman property. He distributed a Stipulation he has prepared for the hearing. - -MAYOR PETERSON drew the Council's and Staff's attention to the memo be had prepared in regard to Parking Meters and Signs. Discussio❑ followed. CITY ATTORNEY MAGNUSON will research the loading dock on the south side of Mulberry Street between Second and Main to see if this is on City property. Motion by Councilmember MacDonald, seconded by Councilmember Bodlovick to make the suggested changes for the parking meters and signs. (all in favor) --CITY CORODINATOR KRIESEL discussed the gambling ordinance and stated other communities are adopting ordinances, making them mote restrictive than the State Ordinance. MR. MAGNUSON stated there are three options: (1) prohibit gambling altogether; (2) make the law more restrictive; and (3) regulaw the kind of gambling not done so by the State, such as certain kinds of bingo, raffles, etc. He also stated we may need to have reasonable grounds to deny the license. The suggestion was made to restrict gambling only to groups within the City, such as fraternal organizations. MR. MAGNUSON announced that a second reading of the ordinance will be held at the evening meeting. • • April 16, 1985 - continued RESOLUTIONS 1. No. 7461 - Employment of Jeff Johnson for the Sewer Maintenance position. 2. No. 7462 - Placement of "Slow Children" signs at Alder Street and Highway 95 and Hazel Street and Highway 95. ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember :4acDonaid to recess the meeting until 7:30 P. M. (all in favor) / Se Attest: ) Ltits l!/L(_ City Cler m • STILLWATER CITY COUNCIL RECESSED MEETING APRIL 16, 1985 The meeting was reconvened by Mayor Peterson The Invocation was given by City Clerk Johnson. Present: Councllmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Caruso City Clerk Johnson Jim Stevensen, Kevin Charlsen, Dick Colemeir and others from the Fire Department Press: Others: 7:30 P. M. None Mick Johnson,MS Society; Miles Tibbetts; Phil Peterson APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember MacDonald to approve the minutes of the March 12 and April 2, 1985 Council meetings. (all in favor) INDIVIDUALS 6 DELEGATIONS 1. MICK JOHNSON, respesenting the Multiple Sclerosis Society, was present to request permission for a license to conduct gambling activities at the Steamer's, located in the Freight House. They are requesting a ing£ aeCls ass paddgambling blings licenses which o allows the opex-tion of t_pboards, prel Minnesota now has jurisdiction over gambling activities of charitable organizations, with the consent of the City in which the operation will locate. MR. JOHNSON stated the MS Society is looking at this as a fundraiser for this organization, and which would also benefit the community and facilities for the pped. dAftermextensiAfter ve discussion on problems caused, state regulations, moral grounds, practices, Council passed the following resolution: Motion by Councilmember Bodlovick, seconded by Councilmember MacDonald to adopt the appropriate resolution notifying the State Charitable Gambling Control Board that the City of Stillwater specifically disallows the gambling license application of the MS Society, MN. North Star Chapter and denies their operation in the City. (Resolution No. 7463) AYES--Councilmembers Bodlovick, Junker, MacDonald and Mayor Peterson NAYS--Councilmember Kimble 2. STILLWATER FIRE RELIEF ASSOCIATION - RETIREMENT PENSION INCREASE. JIM STEVENSEN, from the Fire Department, was ,,resent to explain the request for Council backing for the raise of the retirement pension to $1,300. They are actuarily sound and do not need Council approval, but would like Council backing. FINANCE DIRECTOR CARUSO gave an explanation of the figures. Motion by Councilmember Junker, seconded by Councilmember MacDonald to endorse the Fire Department Relief Association to raise the retirement pension to $1,300 per year. AYES--Councilmembers Bodlovick, Junker, MacDonald and Mayor Peterson NAYS --None ABSTAINED - Councilmember Kimble 3. MR. MILES TIBBETTS, a resident of Stillwater, was present to make the Council Little Streets stairseneedn tot bee cleaneds up. The Council s Council directedthatl these areas s and the Willard Sret stair, Big will be cleaned of litter, etc. NEW BUSINESS 1. WHARFAGE PERMIT FOR MULLER MR. PHIL PETERSON was pres stated that Mr. Peterson h a Wharfage Permit which en and;or supplies both above Authority recommends that Wharfage Permit. BOAT CO. ent to represent Muller Boat Co. CITY COORDINATOR KRIESEL as come before the Port Authority and the Council to request ables the Muller Boat Co. to load and tununload oade passengers rsrt and below the Interstate Bridge, on the fee be set for $250.00 per year for a non-exclusive • • • April 16, 1985 - continued Motion by Councilmemver Dunker, seconded by Councilmember Bodlovick to grant a non-exclusive Wharfage Permit to the Muller Boat Co. to load and unload passengers and/or supplies both above and below the Interstate Bridge, on the levee at a fee of $250.00. (all in favor) UNFINISHED BUSINESS 1. Second Reading of Ordinance No. 634, "Conduct Near Schools". Motion by Councilmember Bodlovick, seconded by Councilmember MacDonald to have a second reading of Ordinance No. 63k, "Conduct Near Schools" by the City Attorney. (all in favor) 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. 2. Second reading of Ordinance No. 635, "Interference With Privacy". Motion by Councilmember Bodlovick, seconded by Councilmember MacDonald to have a second reading of Ordinance No. 635, "Interfence With Privacy" by the City Attorney. (all in favor) The Ordiance 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. NEW BUSINESS (continued) 2. St. Crofx Rivermen - Request for $1,500 performance fees for 1985 Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the request of the St. Croix Rivermen for $1,500 performance fees for 1985. (all in favor) 3. "Directing Payment of Bills" Motion by Councilmember Bodlovick, seconded by Councilmember Junker to adopt the appropriate resolution "Directing the Payment of Bills". (Resolution No. 7458) AYES--Councilmemvers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson NAYS --None 4. Set Public Rearing Dates Motion by Councilmember MacDonald, seconded by Councilmember Kimble to set May 7, 1985 as public hearing dates for the following: (all in favor) - -Kari Simpkins, 1011 North First Street - variance for pool in front yard (Case No. 579) - -Don Ronning, 1111 West Rice Street - 12 foot street side variance (Case No. 580) - -William 6 Josephine Lecuyer, 13332 Boutwell Road - variance and minor subdivision - (Case No. 581) - -Tom Cropp, 1504 South Greeley Street - Special Use Permit for Six-Plex (Case No. 582) COUNCIL REQUEST ITEMS --MAYOR PETERSON announced that Polly Webster is retiring from the Library Board after serving ten years. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution commending Polly Webster for heryears of service on the Stillwater Library Board. (Resolution No. 7459) AYES--Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson NAYS --None --MAYOR PETERSON express concern that the City does not provide trash recepticles on Main Street. He informed the Council that containers can be purchased for $390.00 each and weigh 800 pounds each. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to purchase six trash recepticles at $390 each to be placed on Main Street. (all in favor) 323\ • '324 April 16, 1985 - continued • • -•-COUNCILMEMBER KIMBLE discussed Public Improvement No. 220, Churchill, Pine, First, Second, and Willard Streets and stated that Churchill Street is in sore need of reconstruction. He asked if the Council could resurrect the Churchill portion of this improvement project. It was stated that some residents are interested in getting a petition going to repair this street. Some members of the Council felt that a poltion should came from the residents before the City attempts to do any- thing on this project. STAFF REPORTS (continued) --CITY COORDINATOR KRIESEL announcedthat there will be a public hearing on May 21, 1985 on a proposed Multi -Family Housing Revenue Bond Program. Motion by Councilmember Dunker, seconded by Councilmember MacDonald to adopt the appropriate resolution establishing the date of May 21, 1985 for a public hearing on a proposed housing plan and program pursuant to Minnesota Statutes, Chapter 462C. (Resolution No. 7460) AYES--Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson NAYS --None --CITY COORDINATOR KRIESEL announced the dates for the League of Minnesota Cities conference are June 11 - 14 at the St. Paul Raddison. The Councilmembers should let him know if they will be attending. --MR. KRIESEL asked for an Executive Session after the Council meeting. APPLICATIONS CONTRACTORS Motion oy Councilmember Junker, seconded by Councilmember Kimble to approve the following Contractor's Licenses: (all in favor) Andrew W. Braden 11780 - 110th St. N., Stillwater 55082 Donald Durand Construction 2901 Lake Elmo Ave., Lake Elmo 55042 Donald J. Klatt D & D Builders 11825 - 50th St. N., Lake Elmo 55042 General Contractor Renewal General Contractor New General Contractor New Lux Homes, Inc. General Contractor Renewal 617 Lake Drive, Stillwater 55082 George W. Ness Contracting Co. General Contractor Renewal 1321 West Olive St., Stillwater 55082 Pacific Pool & Patio General Contractor Renewal 6922 - 55th St. N., North St. Paul 55109 W. J. Priesler Roofing & Siding General Contractor New 3965 White Bear Avenue White Bear Lake, Mn. 55110 Western Remodelers, Inc. 2529 Nicollet Ave So., Minneapolis 55404 General Contractor Renewal COMMUNICATIONS I. American Association of University Women - Request for free parking during Annual Antique Show Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the request of the AAUW for free parking during Annual Antique Show, September 20-21, 1985. (all in favor) 2. Discussion followed regarding Lifeguard salaries and the Recreation Commission recommendation that they be raised 25C per hour. Motion by Councilmember MacDonald, seconded by Councilmember Kimble to raise the Lifeguard salaries 25c per hour. (all in favor) 3. MR. KRIESEL asked if the Wharfage Permit should be per boat or per boat company and the Council directed it could be per boat company since the boats will be using the wharf one at a time, and they should have marine liability insurance. • • April 16, 1985 - continued ORDINANCES Second Reading - Ordinance No. 634 - Conduct Near Schools - Ordinance No. 635 - Interference With Privacy RESOLUTIONS 1. No. 7463 - Disallowing Gambling License for MS Society 2. No. 7458 - Directing Payment of Bills 3. No. 7459 - Commendation of Polly Webster 4. No. 7460 - Establishing Date for Public Hearing for Proposed Housing Plan 6 Program - May 21, 1985 ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Kimble to adjourn the meeting at9:15 P. M. (all in favor) alaTorj- ayo Attest: U7✓>�-c L-\. ��/—/i/w�,y�,v City