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HomeMy WebLinkAbout1991-12-17 CC MIN r SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES December 17, 1991 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Farrell, Funke, Opheim and Mayor Abrahamson. Councilmember Bodlovick Absent: Press: City Coordinator Kriesel City Attorney Magnuson City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Jim Junker, Chad Junker, Debbie Junker. Also Present: Others: o 1. Jim Junker, Junker Sanitation - Contract Negotiations for Solid Waste Removal City Attorney Magnuson explained the proposed Agreement for Solid Waste Removal between the City and Junker Sanitation which included the following points: Mr. Magnuson stated that the last modification of the plan was made in 19BO and this served as the basis for this plan. 1 - Residential Removal - Defines each residential dwelling and each unit of a multiple dwelling as one unit. 2 - Definitions - The same terms are used in this agreement as is used in the Solid Waste Management Plan. 3 - Billings - The City will bill single family and duplex residences and Junker Sanitation will bill three-plex dwellings and above. The City will certify for collections with the real estate taxes all billings that are unpaid. 4 - Disposition of Solid Waste - This is much the same as the previous contract. 5 - Weekly Pickup & Daily Service Hours - The one change made to this section is that there shall be curbside pick-up to accommodate Mr. Junker's new equipment. 6 - Aged & Handicapped - Elderly and handicapped will still have the same pick-up as before. r 1 r Stillwater City Council Minutes December 17, 1991 Special Meeting 7 - Unl imited Quantity - Mr. Junker suggested that the term "handywork" be changed to "minor repairs". Council concurred. 8 - Exclusions - This is the same as the previous contract. 9 - Containers - These containers shall be provided by the contractor. Mr. Junker stated a flyer will be deliverd to residents as to when the containers will be distributed and giving residents details regarding the type of containers. This item will also be put in the City newsletter. 10- Volume Based System - 30, 60 or 90 gallon containers shall be provided for residents, with each housing unit having at least a 30 gallon container. Also, $2.00 stickers can be purchased for additional collection. White goods will be collected as before. 11- Data Retention - This section requires the contractor to retain solid waste data and report to the City at least every 3 months. Mr. Junker asked to change the number of days for submission of data to 20 instead of 10. r , 12- Cooperation - Cooperation shall exist between the Contractor, Solid Waste Committee and City and shall include modifications, technological advances and education. 13- Complaints - The contractor shall maintain an office to receive complaints, shall keep records of them and respond courteously and promptly. 14- Dispute Resolution - The Contractor shall attempt to settle disputes fairly. The process was explained by Mr. Magnuson. 15- City Solid Waste - The Contractor shall also remove City waste without additional charge. This is a new addition to the plan. 16- Equipment - This was a part of the old contract. 17- Other Laws - This was also a part of the old contract. 18- Schedules - The Contractor shall make his schedules known and an item was added that the Contractor shall publish, at his expense, any changes. 19- Change in Collection Schedule - This paragraph details the process for the Contractor's request for a change in schedule. Staff suggested combining No. 18 & 19. 20- Employees - The Contractor pays all necessary taxes and insurance. r 2 r Stillwater City Council Minutes December 17, 1991 Special Meeting r 21- Insurance - This paragraph has been updated. 22- Indemnification - This paragraph shall stay the same. 23- Bond - This paragraph required a performance bond in the amount of $2,500.00. 24- Negotiated Price - Termination by Contractor - It was explained that the written notice of termination by the contractor was changed to 180 days. The contract price shall be negotiated at one year intervals. Rates shall be established. 25- Termination by City - This shall stay the same. 26- 24-Hour Notice - The Contractor snall make missed garbage pick-ups within 24 hours and it was added that the contractor shall respond promptly to clean up any spills. 27- Reasonable Regulations - The City reserves the right to make additional reasonable regulations. 28- Curbside Rules - This item shall be an amendment to the Refuse Ordinance. 29- Transfer or Sale of Contract - These are guidelines if the Contractor decides to retire and/or sell the business. 30- Guaranty of Nondiscrimination - There shall be no discrimination against employees. 31- Expiration - Discussion followed on the term of the contract, rates and rules for filling the containers. Rates may be adjusted up or down six months into the contract if the present rates are not satisfactory. A 7-1/2 year vs. a 10 year contract was discussed. Debbie Junker inquired what complaints people are making regarding the service and Council stated they object to the long length of the contract. Tne Council also stated they would like Councilmernber Bodlovick and the Solid Waste Committee to review the contract. RECESS Motlon by Councilmember Farrell, the meeting at 5:50 P.M. All in seconded by Council member Opheim to recess favor. ~ 3 r Stillwater City Council Minutes December 17, 1991 Special Meeting i/ad /J~Aj~L.. I~~~ ATTEST: ~C~~ r r 4 o REGULAR MEETING STILLWATER CITY COUNCIL MINUTES Oecember 17, 1991 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim (arrived at 7:05 P.M.) and Mayor Abrahamson. Absent: None A 1 so Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker Public Safety Director Mawhorter City Cl erk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mark Herwig, St. Croix Valley Press Rick Sowers, Bob Marois, Greg Lindahl, PauB & Larry Lappi, Robert Bennett. Others: o APPROVAL OF MINUTES Motion by Councilmember Funke, seconded by Council member Farrell to approve the minutes of the Special Meeting of Nov. 26, Regular & Recessed Meetings of Dec. 3, and Special Meeting of Dec. 4, 1991 as presented. (All in favor). STAFF REPORTS I. Publ1C Works Director - Waste Water Sem1nar Motion by Counc1lmember Funke, seconded by Councilmember Bodlovick to approve the attendance of three sewer people at a seminar on Jan. 21 - 24 at a total cost of $714 for registration and hotel room. (All in favor). 2. Police Chief - Retaining Cara Capuzzi on Contract Basis Motion by Councilmember Funke, seconded by Councilmember Farrell to accept the resignation of Cara Capuzzi as of Dec. 31, 1991; and retaining her on a contract basis for necessary training of replacement. (AYes- 4; Nays - 0; Abstain -1, Councilmember Opheim.) (Council member Opheim arrived at 7:05 P.M.) 3. communiti Development Director - Apprec1a 10n tor Chr1stmas Tree Picture, Anna Russell r I (' Stillwater City Council Minutes December 17, 1991 Regular Meeting Motion by Councilmember Bodlovick, seconded by Councilmember Funke to send a letter of thanks to Anna Russell for her Christmas Tree picture which she donated to the City Hall Council ChanDers. (All in favor). 4. Consulting Engineer - No Report. 5. City Clerk - No Report. 6. City Coordinator - New Year's Eve Fireworks Celebration Motion by CouncilmenDer Farrell, seconded by Councilmember Funke to approve the fireworks celebration, sponsored by the Freighthouse Restaurant, for New Year's Eve with payment, by the City, of $500.00 for insurance to cover this event. (All in favor). UNFINISHED BUSINESS r Review Condition of Approval reqUirin~ propert~ Owner's Consent for Special Use Permit, Case No. SUP/91-5 ,Richar Sowers, A~plicant. Comm. Dev. Dlrector Russell stated a letter had been recelved from Joel Anderson, Attorney for Mr. Sowers, requesting additional time for the applicant to get consent of the property owners to keep the cougar and build a cage. Mayor Abrahamson reported he had received a letter from Francis Rheinberger stating they will not give permission for Mr. Sowers to construct the kennel. Therefore, Mr. Russell said the conditions of the Special Use Permit cannot be met and Mr. Sowers will not be granted the Special Use Permit. City Attorney Magnuson suggested starting a civil action for removal of the cougar which would take one month to six weeks. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell that the cougar owned by Richard Sowers shall be removed from the City within thirty days of this date (Dec. 17, 1991); and that the City Attorney shall be in contact with Mr. Sowers on this issue. (All in favor). 1. 2. Discussion - Designation of Legal Newspaper. Motion by CouncilmenDer Funke, seconded by Councilmember Farrell to adopt the appropriate resolution designating "The Courier" as the City's legal newspaper for 1992. (Resolution No. 91~244). Ayes - Councilmembers BOdlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 3. Discussion - Possible Approval of Liquor License Application for Stlllwater Rlver Inn dba Popeye's. Council and Bob Marois and Greg Lindahl, owners of the business of Popeye's, discussed the on-going problems at their establishment. Letters were received from residents on the hill and members of the Dock r 2 r r" r Stillwater City Council Minutes December 17, 1991 Regular Meeting Association regarding the noise and rowdiness generated by the crowds at Popeye's. Police Chief Mawhorter reported on the policing activities downtown and the measures taKen to alleviate the problems at Popeye's. Sound metering and decibel level were discussed. Robert Bennett, Attorney for Popeye's, was present to speak for Popeye's. He stated the dOCK people cause problems also. Paula Lappi, stated she lives above the old prison and there was loud music playing until 1:00 A.M. last summer which disturbed thei r sl eep. A gentleman, 423 No. Third St., stated he can hear the music even with his deaf ear while trying to sleep at night. Larry Lappi, stated the disturbance and noise is associated with Popeye's and no other businesses downtown. Sue Hedin, 516 No. Second St., said her house is across from Pioneer Park and they hear the loud music every night in the summer. She has called Popeye's and the Police. Sheila MacDonald, Second & Laurel Streets, stated they can hear the music from Popeye's and it disturbs them. Mr. Bennett stated the petition that was received was signed by the same person for all names. Council discussion followed regarding the noise disturbance and the issuance of the liquor license. Mr. Magnuson advised Council on the legal ramifications. Council also discussed the noise ordinance and buying equipment to monitor the noise at an approximate cost of $1,500. Motion by Councilmember BodlovicK, seconded by Councilmember FunKe to approve the renewal of the liquor license for 1992 for Stillwater River Inn dba Popeye's. (All in favor). Motion by Councilmember BodlovicK, seconded by Councilmember Farrell directing Staff to notify the property owner of lease payment delinquencies for the Mulberry Point property, advising them to bring them up to date and to also notify them of the lease termination date of December 31, 1992. (All in favor) . Mr. Bennett requested a copy of the notice to the leaseholders of the property occupied by Popeye's. Council concurred. 3 r Stillwater City Council Minutes December 17, 1991 Regular Meeting 4. Discussion - Possible Approval of Liquor License Application for Hidden Valley Loun~e. Motion by Councllmember Funke, seconded by Council member Farrell to approve the renewal of the liquor license for Hidden Valley Lounge for 1992. (All in favor ). r 5. Possible first reading of Ordinances to Require Residence of Commission Members. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to have a first ready by title of an ordinance amending Chapters 22.05, Subd. 2; 22.10, Subd. 3; 48.00, Subd. 1; and 49.00, Subd. 1 of the City Code requiring residence of Commission members. (All in favor). 6. Tower Asphalt - Final Payment for L.I. 234. Motion by Councilmember BodloV1Ck, seconded by Councilmember Farrell to adopt the appropriate resolution accepting the work for L.I. 234, paving of Center St., Meadowlark Ln. and City Garage Parking Lots; and making final payment to Tower Asphalt in the amount of $909.68. (Resolution No. 91-243) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Council recessed for ten minutes and reconvened at 8:20 P.M. NEW BUSINESS I. Request by Downtown Plan Action Committee for workshop to discuss next phase of Plan I~lementation. Motion by Councllmember Opheim, seconded by Councilmember Funke to set a special meeting on Tuesday, January 21, 199! at 4:30 P.M. with the Downtown Plan Action Committee. (All in favor). Motion by Councilmember Opheim, seconded by Councilmember Funke to appoint Mayor Abrahamson to the Downtown Plan Action Committee, replacing Councilmember Opheim. (Ayes - 4; Nays - 0; Abstain - 1, Mayor Abrahamson). 2. Request for Resubdivision of two lots by adding 1.49 ft. to one lot and sUDtractln 1.49 ft. from the other at 229-243 So. Main St., Bob McGarr pp lcan. ase o. . Motion by Councilmember Funke, seconded by Councilmember Farrell to adopt the appropriate resolution approving the resubdivision of two lots by adding 1.49 ft. to one lot and subtracting 1.49 ft. from the other at 229-243 So. Main St., Bob McGarry, Applicant, Case No. SUB/91-63. (Resolution No. 91-240) Ayes - Councilmembers BOdlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None r 4 r-: Stillwater City Council Minutes December 17, 1991 Regular Meeting 3. Request by Washin~ton County to restrict parking on the south side of 62nd Street and east sIde of Oxboro Ave. adjacent to count~ Government Center. Motion by Council member Funke, seconded by CouncilmenDer odloVICk to restrIct parking on the south side of 62nd St. and east side of Oxboro Ave. adjacent to the County Government Center. (All in favor). 4. Re!uest for Assessment Rea~portionment, Curvecrest proterties. Cl y Attorney Magnuson explained that the parcels shou d be combined as the building occupies both parcels and a Certificate would be drafted that the parcels would not be subdivided. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution approving the assessment reapportionment for Curve Crest Properties. (Resolution No. 91-241) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None r 5. ~nge Order No. II, Johnson Bros. Corp. - Downtown Construction. ~oore explaIned the Change Order cnanges the completion date to include 60 working days and work will resume as soon as possible after road restrictions are lifted. Supplemental Agreement No.1, which covers storm sewer and water subs through the foundation wall and removal of small tanks on Water Street in the amount of $29,860 was also discussed. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve Change Order No. 11 and Supplemental Agreement No. I in the amount of $29,860, Johnson Brothers Corp., for Downtown improvements. (All in favor). Council discussed further the lighting for Tnird and Myrtle Streets, the new walkway on Water St., clean-up, and the dumpster behind Brine's. CONSENT AGENDA MotIon by Councilmember Bodlovick, seconded by Councilmember Funke to approve the Consent Agenda of December 17, 1991, adding conference expenses of $149.41 to the bills for Councilmember Bodlovick and including the following: (All in favor). 1. Directin~ Payment of Bills (Resolution No. 91-238) Ayes - Councllmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. The following Licenses: Contrac tors Raymond E. Haeg Plumbing, Inc. Excavators 7226 Cedar Ave. So. Richfield, Mn. 55423 New r 5 r Stillwater City Council Minutes December 17, 1991 Regular Meeting New Mech Companies, Inc. 1633 Eustis St. Lauderdale, Mn. 55108 Fire Protection Systems New North Oak Homes, Inc. General Contractor New 3634 Hadley Ct. Oakdale, Mn. 55128 R. L. White Builders, Inc. General Contractor Renewal 1424 80th Ave. N.E. Spring Lake Park, Mn. 55432 Nel son's Dai ry 1992 Cigarette Licenses Renewa 1 920 West Olive Street Fina Serve Inc. #616 Re newa 1 103 North Main Street Fina Serve Inc. #615 Renewal r 1750 South Greeley Street 1992 3.2 On-Sale Beer River Valley Athletic Club Renewal 1826 Northwestern Ave. 3. Submission of the fOllowinAaClaims to the City's insurance carrier: a. Grand Garage, 324 So. 1n St. - Damage from Downtown Construction. b. Pat Hering, injuries from fall on Third & Myrtle Streets. c. Michael HolderbaCh, 2639 Skyview Ct. - Damage to Mailbox. d. Lillian Wolters - for injuries resulting from fall on City sidewalk. 4. Set Public Hearin date of Jan. 7, 1992 for the followin Plannin Cases: a. ase o. - re m1nary a pprova or t e su 1V1S10n 0 a 1.33 acre site into 3 lots of 17,860 sq. ft., 20,473 sq. ft. & 15,681 sq. ft. located north of W. Orleans St., behind 1251 W. Orleans, between Greeley St. and the Highlands of Stillwater in the RA, Single-Family Residential Dist., Scott R. Grover, Applicant. b. Case No. V/SUP/91-62 - Variance & Special Use Permit to conduct a four bedroom Bed & Breakfast at 622 W. Churchill St. and to conduct a one-bedroom Bed & Breakfast at 807 So. Harriet St., in the RB, Two-Family Residential Dist., Truett & Jill Lawson, Applicants. COUNCIL REQUEST ITEMS Appointment of Lisa Freeman to Library Board r 6 r Stillwater City Council Minutes December 17, 1991 Regular Meeting Motion by Counci1member Funke, seconded by Counci1member Farrell to appoint Lisa Freeman to the Stillwater Library Board, replacing Don Hansen, who is retiring the end of December, 1991. (All in favor). COMMUNICATIONS/REQUESTS 1. Chuck Swanson, Washington Co. - 1992-96 County Capital Improvement Plan. 2. Joseph C. Gibson, DNR - Possible Funding for Levee Wall. 3. corss of Engineers letter to Rep. Gerry Sikorski regarding Levee Wall Fun ing. 4. Gov't. Finance Officers Ass'n. - Certificate of Achievement for Excellence for Annual FInancial Report. 5. NSP - Application to Minn. Public Utilities Comm. to expand temporary stora~e of used fuel at PrairIe Island Power Plant. CouncIl took note of all correspondence. STAFF REPORTS (Continued) City Coordinator Geraldine Slachta Claim ~ Motion by Councllmember Opheim, seconded by Counci1member Farrell to submit a claim for injuries to Geraldine Slachta from a fall on a city sidewalk to the City's insurance carrier. (All in favor). Sewer Bill Adjustment at 1214 So. Everett St. Motion by Counci1member OpheIm, seconded by Counci1member Farrell to approve the sewer bill adjustment for 1214 So. Everett St.; and also to insert an article in the City newsletter alerting residents to read their meters and submit these readings to the Water Dept. (All in favor). Cit~ Attorney Fre erick Brass Assessment Appeal Mr. Magnuson reported to Council that Mr. Brass would settle for a $4,000 reduction in his assessment. This will be discussed at a later date at an Executive Session. Approval of Scrivener's Change to Stillwater City Code Motion by Councflmember Farrell, seconded by Councflmember Bod10vick to adopt the appropriate resolution approving a scrivener's change to tne Stillwater City Code. (Resolution No. 91-242). AYes - Counci1members Bod10vick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None r 7 r r- ,l Stillwater City Council Minutes December 17, 1991 Regular Meeting ADJOURNMENT Motlon by Counci1member Farrell, seconded by Counci1member Opheim to adjourn the meeting at 8:56 P.M. (All in favor). ATTEST: Jr)4 ~ ~C~ Resolutions: No. 91-238 - Directing Payment of Bills. No. 91-240 - Resubdivision at 229-243 So. Main St., SUB/91-63. No. 91-241 - Assessment Reapportionment - Curvecrest Properties. No. 91-242 - Approving Scrivener's Change to City Code. No. 91-243 - Accepting Work & Approving Final Payment for L.r. 234. No. 91-244 - Designating Legal Newspaper for 1992. 8 - ~~~