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HomeMy WebLinkAbout1992-02-04 CC MIN r r c REGULAR MEETING STILLWATER CITY COUNCIL MINUTES February 4, 1992 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abr ahams on. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker Public Safety Director Mawhorter Building Official Zepper Parking Control Officer Mahr City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: None STAFF REPORTS 1. Police Chief - Introduction of New Parking Control Officer Chief Mawhorter introduced Gall Mahr, the new Parking Control Officer. The Council welcomed her to the City. "No Parking" Sign on Laurel Street Motion by Councilmember BOdlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the placement of "No Parking" signs on both sides of E. Laurel St., 200 ft. west of No. Main St. (Resolution No. 92-20) . Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. Public Works Director - No report. 3. Communit* Development Director - Establis ment of Economic Development Subcommittee Motion by Councilmember Ophelm, seconded by Councllmember Farrell to establish an Economic Development subcommittee to assist Staff in dealing with Developers; and appointing Councilmembers Bodlovick and Funke to this committee. (All in favor). 1 r Stillwater City Council Minutes February 4, 1992 Regular Meeting 4. Consulting Engineer - Repair of Storm Sewer Manhole at Fourth & Wilkins Streets Motion by Councilmember Funke, seconded by Councilmember Farrell to authorize the Consulting Engineer to seek quotes for the repair of the manhole at Fourth and Wilkins Streets. (All in favor). Repair of the Aiple Lift Station Mr. Moore reported that he has received estimates from C. W. Houle and Johnson Brothers to repair the Aiple Lift Station in the amount of $26,000 and $25,000, respectively. The Water Board stated they would be willing to do the work for approximately $15,000. , -' Motion by Councilmember Funke, seconded by Councilmember Bodlovick authorizing the Water Dept. to work with the Consulting Engineer on the repair of the Aiple Lift Station at a cost of approximately $15,000. (All in favor). 5. Building Official - No report. 6. City Attorney - No report. 7. City Clerk - Approving Use of Lily Lake Ballfield for Jaycees Tournament Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the request for a Beer Permit for the Jaycees Softball Tournament at Lily Lake Park on Feb. 29 and March 1, contingent on the Sheriff's Dept. checking the safety of the ice, if that is to be used. (All in favor). Approval of City Clerk's Attendance at Conference on March 17 - 20, 1992 Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to approve the attendance of the City Clerk at the Municipal Clerk's conference in St. Cloud on March 17 - 20, 1992. (All in favor). 8. City Coordinator - Discussion of Boat Access Property Council discussion included concerns regarding the sale of this property to the DNR and its effect on the construction of the new bridge. They decided to delay action on this item until after more discussion with the DNR, possibly next summer. r Attendance at the Governor's Natural Disaster Conference Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the attendance of the City Coordinator, Public Works Director and Civil Defense Director at the Governor's Conference on Natural Disasters on March 12-13, 1992. (All in favor). c 2 r r r Stillwater City Council Minutes February 4, 1992 Re9ular Meetin9 RECESS Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to recess the meeting at 5:04 P.M. (All in favor). ATTEST: JJ~ ~C~~ ~ MAYOR Resolutions: No. 92-20 - Placement of "No Parking" signs on East Laurel St. 3 r' c r RECESSED MEETING STILLWATER CITY COUNCIL MIN UTES February 4, 1992 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abr ahams on. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker Planning Comm. Chair Fontaine City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Jim & Debbie Junker, Chad Junker, Stella Casanova, Harry Peterson, Margaret Tschida, Tim Schmoelke, Bob Liberty, Judy Funke, Shawn Draper, Richard Slivik, Bob Utecht, Steve Junker, David Simonet, Neal Casey, Jay Kimble, J. P. Pfeiffer, Rob Hamlin, John McDonough, Bill Heiting, Charlie Gifford, Gene Bealka, Bill Steen, Ted Gillen, Joan Polehna, Dick Olsen, Ernest Peaslee, Ted LaValley, Chris White, Linda Harrington, Judy Stein, Lee Ostrem, Mark Jensen. APPROVAL OF MINUTES Motion by Councilmember BOdlovick, seconded by Councilmember Opheim to approve the minutes of the Special Meeting of January 28, 1992 as presented. (All in favor). PUBLIC HEARINGS 1. This is the day and time for the Public Hearing to consider a Variance to the Parking Ordinance & Special Use Permit for the expansion of a restaurant/video store (Stelletti's) into an approximate 800 sq. ft. space located at 826 So. 4th St. in the CA, Gen. Comm. Dist., Case No. V/SUP/92-1, Donald Istel, Applicant. Notice of the hearing was published in The Courier on January 23, 1992 and mailed to affected property owners. Mr. Russell explained the request to expand Stelletti's Pizza/Video Store into an existing 800 sq. ft. office space which requires a variance to the Parking Ordinance and a Special Use Permit for the video rental. Parking is a concern because the business is adjacent to a residential area. It 1 r' Stillwater City Council Minutes February 4, 1992 Recessed Meeting was suggested the use be reviewed in six months. Planning Comm. Chair Fontaine stated the Commission approved the request as conditioned. Mayor Abrahamson closed the Public Hearing. Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the Variance to the Parking Ordinance & Special Use Permit for the expansion of a restaurant/video store (Stelletti's) into an approximate 800 sq. ft. space located at 826 So. 4th St. in the CA, Gen. Comm. Dist., Case No. V/SUP/92-1, as conditioned, Donald Istel, Appl icant. (All in favor). 2. This is the day and time for the Public Hearing to consider a Special Use Permit for construction of a boat boarding plaza area with a Variance to the setback requirement for construction of a boarding deck located along the St. Croix River just north of the Dock Cafe (225 Nelson St.) in the Bluffland/Shoreland & Flood Plain Dist., Case No. V/SUP/92-2, City of Stillwater, St. Croix Boat & Packet Co., Applicants. Notice of the hearin9 was published in The Courier on January 23, 1992 and mailed to affected property owners. Mr. Russell stated this request has been throu9h extensive City review by the Planning Commission, Port Authority and then referred to the DNR. Comments received from the DNR indicate concerns for the proposed use. He recommended this case be tabled until the next re9ular meeting after further review of the DNR comments. c Motion by Councilmember Opheim, seconded by Councilmember Farrell to table the request for a Special Use Permit for construction of a boat boarding plaza area with a Variance to the setback requirement for construction of a boarding deck located along the St. Croix River just north of the Dock Cafe (225 Nelson St.) in the Bluffland/Shoreland & Flood Plain Dist., Case No. V/SUP/92-2, to the February 18, 1992 meeting. City of Stillwater and St. Croix Boat & Packet Co., Applicants. (All in favor). 3. This is the day and time for the Public Hearing to consider the adoption of a new Garbage and Refuse Contract by changin9 to a volume based fee system. Shawn Draper, representing the Chamber of Commerce, recommended that the Council, when reviewing bid proposals for a garbage contract, select a bus iness in the 1 oca 1 area. r \ City Coordinator Kriesel summarized the proposed contract for the volume based 9arbage and refuse collection which included the use of 30, 60 and 90 gallon containers; a change to curbside pickup with special help for seniors or handicapped who cannot participate in curbside pickup; fees to be as follows: $12.00 - Sr. Citizens, $13.75 - 30 gal., $17.75 - 60 gal., 2 r Stillwater City Council Minutes February 4, 1992 Recessed Meeting c $19.75 - 90 gal.; with $2.00 stickers for each additional bag in each category. Rates include yard waste and old appliances, bundled brush and two clean-up weekends per year. Mr. Kriesel further explained contract language governing rate increases and the proposed term of the agreement, which is a 7-1/2 term with two three-year options for renewal; residents option to change level of service; billings and certification of billings to the tax statement for unpaid bills. Mr. Kriesel stated the reasons for the change to a volume based system is that, in the near future, the state will mandate it and residents have requested it. Jim Junker, of Junker Sanitation, also commented on the type of containers, using containers vs. plastic bags and the change to curbside pickup. He stated that in the future the system would be automated. The dispute resolution section of the contract was also discussed. Rob Hamlin, 1317 No. Broadway, state the service has been excellent, but does not understand why there hasn't been an effort for competitive bidding. He also asked what kind of increase there will be when the garbage is weighed vs. the volume system we now have. Mr. Kriesel stated that item will be negotiated. City Attorney Magnuson answered the competitive bidding questions by stating the Legislature enacted a law that prohibits the unfair displacement of an existing contractor by providing time lines and other criteria for developing a Solid Waste plan and advertising for bids. The law also provides that the City only needs to keep a contractor as long as they perform according to the contract. Richard Slivik, 805 W. Churchill St., stated the issue is that the City should seek competitive bids, and give a 3% or 5% advantage to a local hauler. He also believes that five years is sufficient time for the length of the contract because a long contract generates complacency. Also, the City should not assume the cost for billing or assume the debt of the contractor and the successful bidder should supply a performance bond. Bill Heiting, 408 No. Third St., checked with people living in his apartment complex and stated they are pleased with the present system and suggested recycling catalogs and plastics. John McDonough, 1005 W. Willard St., stated the issue is service, which is good with reasonable prices. If the contract were put up for bids, you couldn't predict what you would be getting and you know what you are getting now. r { 3 r Stillwater City Council Minutes February 4, 1992 Recessed Meeting c Charlie Gifford, 1460 Amundson, stated he agreed with the previous speaker and supports the contract. This is a professionally run business and a long-term contract is needed for proper planning. Tim SChmoelke, 506 W. Laurel St., Chairman of the Solid Waste Advisory Committee gave a brief history of the formation of the proposed system and contract. The Committee supplied the Council with information and recommendations and the Council will decide the type of plan and length of contract. Junker Sanitation has given good service. Proper education is the #1 priority. The Solid Waste Management Plan is a five-year plan - therefore, do we need a 13 year contract? The Council will have to decide this question. Bill Steen, 126 Maryknoll Dr., asked whether there is a charge for extra household waste. Mr. Kriesel differentiated between yard waste, and refrigerators, stoves, etc. for which there is no extra charge. Mr. Steen asked if the City has considered recycling and Mr. Schmoelke replied yes -- that the recycling plan has been successful, the City has met County goals and received substantial grant money. Mr. Steen then asked what the cost of the contract would be over 7-1/2 years and Mr. Junker answered the question. He does not know what the dollars will be when the volume based system is implemented. Ted Gillen, 1011 W. Myrtle St., stated the Council has a fair and equitable contract, the Council should proceed with it; and the billing system should be kept as it is today. He stated he has no curb, and does not know where to place his garbage container. Curbside should be better defined. Mr. Junker explained he/or his representative will visit each homeowner in Stillwater to explain where the cart should be placed. Joanie Polehna, 1100 Northland Ave., asked whether it would be advisable to purchase a trash compactor and Mr. Junker discussed the weight vs. volume item and that the cover must be down on the containers. Mr. Junker also explained his initial investment for this plan would be approximately $500,000 to $600,000. Neal Casey, 107 E. Laurel, representing SAEDC, stated their main mission is business retention and requested the Council give special consideration to this contractor. Jay Kimble, 412 West Elm St., stated he was on the Solid Waste Advisory Committee and suggested keeping the 30 gallon containers. In addressing the complacency issue, he stated that has not happened with Junker Sanitation. If the contractor does the billing, there will be more disputes and it will be harder for the contractor to collect, it provides security against overcharging, it also provides the City and residents the I 4 r Stillwater City Council Minutes February 4, 1992 Recessed Meeting ability to monitor volume and services. Mr. Kimble stated the rates are competitive with other communities with the vast part of the funds going to the RDF facility. He ended by recommending that this contract be approved. E. L. Peaslee, 1303 W. Willard St., stated he agrees with John McDonough by saying the service is good and the City is lucky to have Junker San it at i on. Ted LaValley, 719 W. Churchill, stated concerns regarding the the contract and asked the basis for determining the length. asked how the rates were determined. length of He also c Mayor Abrahamson stated the City surveyed a number of other cities regarding rates and other aspects of solid waste removal. Mr. LaValley again asked what basis there is for the rates and Council stated they took into consideration the rates at the RDF plant. The gentleman also asked what safeguards the City would have for getting into a system that is based on what is being charged in another community. City Attorney Magnuson stated the contract provides that the fee is set year by year with a responsible rate of return and it is designed to set the necessary costs of service. The durability of the containers was discussed. Mr. Junker stated he has researched all kinds and these are twice as thick and carry a ten-year guarantee. Mr. Magnuson stated the first contract amount was estimated and at the end of the first year it will have to be reviewed. Gene Bealka, 711 Lake Dr., stated the Council and audience have just seen and heard everything of a positive nature and the point is that when something works, there is no need to fix it. Lewis Stein, 62 Maryknoll Dr., stated he has no complaints with the garbage pickup. He asked what to do with oil left from ~orking on cars and Mr. Junker explained. I Chris White, representing the Chamber of Commerce, also ~tated concern about local business retention and keeping Junker Sanitation in the City. J. C. Pfeifer, 2648 Fairlawn Dr., discussed the rates, stating that the reduced rate is based on volume and $12.00 will be charged Senior Citizens. He asked Council to base the rate on economics rather than volume. (' \... 5 f'.. Stillwater City Council Minutes February 4, 1992 Recessed Meeting Linda Harrington, 824 So. 5th St., asked how the contractor will know if yard waste is placed in the containers and Mr. Junker stated they will be checking. Judy Stein, 62 Maryknoll Dr., asked if recycling will stay separate from the regular garbage pickup and the answer was yes. Mayor Abrahamson closed the public hearing and Council thanked the people for coming to the meeting. Motion by Councilmember Funke, seconded by Councilmember Opheim to adopt the appropriate resolution accepting the garbage and refuse contract as proposed, for 7-1/2 years, with two three-year options for renewal. (Resolution No. 92-21 ) Council raised several questions -- will the people who go south for the winter be able to suspend their garbage collection for a calendar quarter and Mr. Junker and Staff stated this would continue as before. Council further discussed the term of the contract -- with a five-year term vs. 7-1/2 years with the renewal options; the City performing the billing procedures; certification of delinquent accounts and the Senior Citizen rate. It was also stated that the two extensions are not automatic. (', Ayes - Councilmembers Funke, Opheim and Mayor Abrahamson. Nays - Councilmembers Bodlovick and Farrell. Council recessed and reconvened at 9:15 P.M. UNFINISHED BUSINESS 1. Possible Second Reading of an Amendment to the City Code, Chap. 3D, Garba~e & Rubbish Removal. CouncIl discussed several changes to this ordinance such as adding a subdivision that defines additional people entitled to relief and the age to define retirement. r \. . Tim Schmoelke stated that the last two years there has been a shortfall in funds for the recycling program and he recommended that Council address this shortfall by including it in the garbage rates by adding 75~ per household. Discussion included adding it to the recycling rates. Mr. Schmoelke stated that citizens should be made aware of all costs and that everyone should pay for what they generate. Council directed that the proposed second reading of the amendment to the Garbage and Refuse Contract be tabled until the February 18, 1992 meeting. PETITIONS, INDIVIDUALS & DELEGATIONS (continued) 6 f'. Stillwater City Council Minutes February 4, 1992 Recessed Meeting 1. Marc Jensen, Pierce-Arrow Society - Mr. Jensen requested to use the Zephyr parking lot with a backup parking lot for the display of Pierce-Arrow vehicles on July 30. It was stated the backup lot would possibly be where the old State garage now stands. Mr. Jensen was requested to check with the Police Chief and Steve Russell as the date approaches. Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the use of the old State Garage parking lot for the Pierce-Arrow National Auto Meet on July 30, 1992. (All in favor). UNFINISHED BUSINESS (Continued) 2. Removal of Moritorium on Temporary Signs. Motion by Councilmember Farrell, seconded by Councilmember Opheim for the removal of the moratorium on Temporary Signage in the Downtown. (All in favor). 3. New Armor~/Community Facility Questionnaire. Council dlscussed the proposed Armory facility and the committee requested information on what facilities they would like to see in the Armory. They also discussed placing a member of the Park and Recreation Commission on this committee. c: Motion by Councilmember Opheim, seconded by Councilmember Funke to appoint Mike Polehna to the Armory Committee, to represent recreational interests. (A 11 in favor). 4. Report on Recently Ap~roved National Transportation Act and Support for Historic Stillwater Llft Bridge. Motion by Councilmember Ophelm, seconded by Councilmember Funke to direct Staff to contact local State legislators to obtain support for maintaining the Stillwater Lift Bridge. (All in favor). NEW BUSINESS 1. Request by Chamber of Commerce for use of Lowell Park for Rivertown & Fall Colors Art Fairs on May 16 & 17 and Oct. 3 & 4, 1992. Motion by Councilmember Farrell, seconded by Councllmember Opheim to approve the request of the Chamber of Commerce to hold the Rivertown Art Fair on May 16 & 17th and Fall Colors Art Fair on Oct. 3rd & 4th, 1992 in Lowell Park. (A 11 in favor). r '- 7 r Stillwater City Council Minutes February 4, 1992 Recessed Meeting 2. Request by JDB Floral Shop for special parking signage in front of their shop on Main St. A short discussion followed regarding this request. Police Chief Mawhorter had stated this request would be hard to enforce and it sets a precedent for other businesses to follow suit. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to follow the Police Chief's recommendation disallowing the temporary signage request for parking on Valentine's Day and Mother's Day weekend in front of JDB Floral. (Ayes - 2; Nays 3, Councilmembers Funke, Opheim and Mayor Abrahamson - Motion fai led). c Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the request of JDB Floral for temporary signage for the above mentioned holidays on a one-time only trial basis with review of the process; and if it is unsatisfactory, to disallow this signage in the future. (Ayes - 3; Nays - 2, Councilmembers Bodlovick and Farrell). 3. Possible first reading of Amendment to the City Code regarding the setting of Flllng Dates and Fees for Candidates. Motion by Councllmember Bodlovick, seconded by Councilmember Funke to have a first reading, by title, of an Ordinance setting the date for filing for Municipal Office and establishing the filing fees for Candidates. (All in favor). 1992. to approve A brief discussion followed regarding provision of Cable T.V. for nursing homes which did not appear to be a feasible option. Mayor Abrahamson stated there will be an EIS/Design Hearing on the new bridge at Trinity Lutheran Church on February 20 and suggested this meeting be cablecast. Motion by Councilmember Funke, seconded by Councilmember Bodlovick, to approve the City paying the expense of cablecasting the EIS/Design Hearing, regarding the new bridge, at Trinity Lutheran Church on February 20. (All in favor). Motion by Councilmember Opheim, seconded by Councilmember Bodlovick directing Staff to prepare comments for the above mentioned meeting. (All in favor). 5. Change Order No.1, Highlands of Stillwater, L.I. 273. r '-- 8 ~ Stillwater City Council Minutes February 4, 1992 Recessed Meeting Motion by Councilmember Farrell, seconded by Councilmember Funke to approve Change Order No.1 for Curve Crest Blvd. and Highlands of Stillwater, L.I. 271 & 273 in the amount of $5,240.24. (All in favor). CONSENT AGENDA Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the Consent Agenda of February 4, 1992, including the following: (All in favor). 1. Directin~ pa~ent of Bills (Resolution No. 92-16) Ayes - Councllmem ers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None n 2. Applications for Licenses: A & B Construction 13452 Goodwin Ave. No. Hugo, Mn. 55038 Ross Decorating 1215 W. Oak St. Stillwater, Mn. 55082 Mark Spoering Roofing 3319 Portland Ave. Minneapolis, Mn. 55407 CONTRACTORS Excavators Renewal Painting Renewal Roofing New TOWING LICENSES Gordy Alexander Renewal dba B & A Towing, Inc. 2931 Quant Ave. No. Stillwater, Mn. 55082 STAFF REPORTS (continued) Community Develo~ment Director - Possible Annexatlon of Property North of the City Mr. Russell stated the Planning Commission has been studying areas for future land use and possible annexation. Motion by Councilmember Farrell, seconded by Councilmember Funke to authorize Staff to proceed with the annexation process for property located north of the City. (All in favor). Discussion of Nuisance Property on No. Third St. across from the Post Office Discussion followed regarding the above mentioned property and its dilapidated condition. Mr. Russell stated a meeting was held with Trinity Lutheran Church some time ago wherein they stated they would like the c 9 (", Stillwater City Council Minutes February 4, 1992 Recessed Meeting City to purchase it and turn it into a parking lot. Also, an inspection should be made of the property. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve Staff to proceed with an inspection of the property across from the Post Office, and if necessary, to obtain an Administrative Search Warrant to proceed with the inspection. (All in favor). COMMUNICATIONS/FYI 1. Johnson Bros. Construction - Update on Work Mr. Moore presented thlS information at the noted the schedule. for Winter Months. afternoon meetlng and Council 2. al Investments. ADJOURNMENT Motion by Councilmember Funke, seconded by Councilmember Farrell to adjourn the meeting at 10:03 P.M. (All in favor). c j)~ ATTEST: JIUr ~ Resolutions: No. 92-16 - Directing Payment of Bills. No. 92-21 - Approval of Garbage Contract with Junker Sanitation. c 10