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HomeMy WebLinkAbout1979-07-10 CC MIN• • 326 COUNCIL CHAMBER Stillwater, Minnesota July 10, 1979 7:00 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker Absent: None Also Present: City Finance Director- Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks & Recreatio, Blekum; Consulting Engineer, Elliott; Press: Citizens: Stillwater Evening Gazette, Liberty Free Press - Joseph Lux WAVN - Gary Larson Jim Junker, Neil Junker, Jim LeTourneau, Wilbur Monson, Owen Thomas, Don Nolde, Stan Hanks, Warren Smith, John Hennessey, Oscar Kern, Bill Pauley, Don McCormick, Jim Bannon, Steven McCarten INDIVIDUALS AND DELEGATIONS 1. JAMES AND NEIL JUNKER appeared before the City Council for an informational hearing on their proposed refuse service increase which is to be effective July 1, 1979. Their request was for a 70C increase per household on the residential service with the exception of Senior Citizens. MR. KRIESEL had prepared comparative statements on this service which he presented to the Council at this time. The City billings total $167,673 and the City picks up $8,377 differential on the Senior Citzens at the current billing rates. COUNCILMAN POWELL did not feel that the request was unrealistic - and he further felt that if the dump box service is not going to work that the City will have to come up with some kind of a solution other than what we had and that he would make a proposal to the City. JIM JUNKER indicated that the dump boxes are not working out. COUNCILMAN POWELL felt that there could be some type of proposal worked out where there would be a day set aside for picking up big items and arrangements could be made at the time the regular pick -up is made. JIt4 JUNKER stated that they have been making a survey of the people that have been using the dump box service and they have indicated that they would rather have it all picked up at their homes. COUNCILMAN ROGER PETERSON indicated that he has had contact with citizens that do not use the service and they are not willing to pay the extra charge to have all of their refuse picked up at their homes since they do not use it. JAMES LE TOURNEAU, 108 South Owens Street, commented on the specifications and ordiannces relating to this service - it gives renewal options to the contractor and not to the City - he did not feel that a 70c now is justified - the one in January, 1978, that is some question as to the legality of that one - he was against the increase unless there is some hard and fast justification for it - and he did not feel that it was that hard to break down the costs to justify a rate increase. He felt that the Council should have some facts in numbers justifying the increase. WILBUR MONSON, 105 East Wilkins Street, didn't have any opposition to this, but he questioned the cost of the pickups where people have small quantities as opposed to those that have numerous cans and that other communities in the area have charges which are considerably lower than ose of the City of Stillwater. COUNCILMAN POWELL stated that the cost is not necessarily the number of cans that you have - it is getting the vehicle to the door and back. s 11 M • • • • • July 10, 1979 l as t• COUNCILMAN ROGER PETERSON stated that it takes less than sixty seconds at his door for our to five cans - in 1968 when there was a lot of discussion about the pickup, there was discussion as to whether or not there should be specific charges per can and the conclusion was at that time that keeping track of that would be so awkward that it would increase the cost more than it would be if there was just a flat rate for everybody and the only variance from that rate would be the rate charges for senior citizens and apartments. DONALD NOLDE, 815 Everett Drive, felt that the City Council should go to the County Commissioners and ask them to provide a dumpsite within Washington County for the contractors who have the pickup service rather than have them go to Wisconsin. COUNCILMAN POWELL also felt that the Council should be providing a dumpsite for our citizens and agreed with Mr. Nolde on this matter - this is a responsibility of Washington County. OWEN THOMAS , 114 West School Street, felt that there were plenty of ravines that could be filled up than to have them filled up with dead trees. COUNCILWOMAN BODLOVICK stated that we would not be allowed to fill the ravines with garbage - she did not feel that we would ever see this - we are willing to going to incineration. MAYOR JUNKER stated that a lot of the ravines have sewer and water services in them so we would not be able to fill them up. JAMES JUNKER stated that we are lucky to have his site and it meets all of the requirements and that it is close to Stillwater - he has 11 to 12 years left - he felt that it might cost more if the County purchased land for a dumpsite and the charge could be greater and also the distance could be greater. His site is only 12 miles away - he owns the land and there is a separate corporation that collects the dumping fees which is the cost of burying the garbage which is up 20c per yard - it is an expensive operation. This site is located in an area that is very sparsely populated and the people there use the landfill also. MR. NOLDE felt that if Wisconsin can have these dumps why can't Washington County have one. He felt that the City of Stillwater should protect themselves if and when the Junkers can no longer dump in Wisconsin. Questions were raised about the increase and how it would affect the City and it was clarified that there would only be an increase to the first unit of each residential unit - the request by the contractor was 70c with the exception of the Senior Citizens rate which would remain the same. JAMES JUNKER asked if it would be acceptable for a 500 increase for the first unit and 400 across the board for everything else except Senior Citizens - there would be no increase for them. COUNCILWOMAN BODLOVICK asked if the Administrative Committee had net on this issue and she was informed that they had not and other mer' rs of the Council felt that this was not necessary. MW COUNCILMAN HARRY PETERSON felt that the 50c would at least keep the operator from going further into the hole and it does seem a nominal increase. MR. NOLDE felt that the cost possibly could be kept down if there was a dump in Washington County and also he felt that the City should have a copy of Junker's permit from the State of Wisconsin for their landfill dump. COUNCILMAN ROGER PETERSON stated that if the files were checked you would find letters where the County was asked to start action to provide another landfill for the citizens of Washington County and they get the same reply each time - there is no acceptable place to put it. JAMES JUNKER stated that he is one of a fifteen member committee that is working on this problem and they have to set up a program for the next hundred years for the County. COUNCILMAN HARRY PETERSON moved that the Council enter into a contract with Junker Sanitation to increase the rate for single fmaily and first unit in multiple dwellings at 500 to $4.80 per month; second unit of a two family dwelling by 40c and the remaining units that Junker bills diredtly at 40c, with no change in the Senior Citizen billing. COUNCILMAN ROTER PETERSON seconded the motion. VOTE ON THE MOTION - Councilwoman Bodlovick, Councilmen Harry Peterson, (AYES) Roger Peterson, and Powell NAYS -- None ABSTAINED - Mayor Junker (motion carried) MAYOR JUNKER read from the newspaper of the rates for the City of New Richmond, 327 a • • ME • 328 July 10, 1979 Wisconsin which were $4.50 per month for curbside pickup, $5.50 for in the yard pickup; country rate - $6.00 per month - once a week pickup. COUNCILMAN POWELL added that he felt that the County should find a good way to solve the landfill problem - the City should go to the County and try to have them look for a place. He felt that the Council should negotiate for three or four landfill sites and buy them all. INDIVIDUALS- DELEGATIONS 1. WARREN SMITH appeared before the City Council regarding the wharfage permit for The Discovery since he is unable to live with the conditions in that permit which were not discussed at the time he was before the Council at an earlier date. MR. MAGNUSON stated this is not a contract - it is a permit, and the municipality is permitted to put in reasonable restrictions - the restrictions that were put into this permit were negoitated with the Corps of Engineers, the Downtown Council, the Minnesota State Highway Department and the City Council, and the City Engineer recommended the times that would be the least restrictive for the use of the bridge. These same restrictions were put into the Jubilee's permit and also had to be put into this permit. He further indicated since he received this, he has discontinued any public trips - he cannot live with this permit and also the vandalism and he hasn't been able to tie -in his boat up to this date this year and was not able to do so at all last season. He asked the City to allow him to pick up an occasional charter at the wharf and pay whatever the fee would be like $75.00 or $100.00 QUESTIONS were raised about the times when he could go through the bridge and MR. MAGNUSON stated that there is prohibition on having it raised at certain times when there is peak traffic on the bridge. If he were the only boat to go through at a given time,the bridge would not be permitted to be opened for him If the bridge attendant opened the bridge in such a case, The Discovery would be in violation of the permit. COUNCILMAN ROGER PETERSON stated that if Mr. Smith feels that he cannot live with the wharfage permit that is his choice - these restrictions were put in there for a purpose after much discussion. MR. WARREN SMITH did not sign the permit and returned same to the City Attorney for the files. 2. JOHN HENNESSEY, appeared before the City Council requesting a beer and dance permit for a benefit dance in the barn on the Hauge farm at 13874 North 60th Street and he was informed that this property is located in Stillwater Township and that he would have to obtain such permits from Stillwater Township. 3. Don MC CORNICE, 709 West Pine Street appeared before the Council requesting a variance for a garage to the east of his home - he will come within ten feet of the Gary Olson property and presented a signed statement to the Mayor and the Council indicating that this party does not object to same. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council Pine Street fornandattached foot garage eastoofMhisrh 709 West home. (all in favor) 4. STAN HANKS appeared before the City Council with a plan to restore the building at 315 South Third Street and requesting a building permit for same. The Council reviewed the plan and Mr. Hankk indicated that they are not changing the building foundation -wise - not adding to it - they are just restoring it - he has been trying to get a permit for this for about a month - he stated that Mr. Niska told him at first that he did not need one - then asked what he would be going and when he was ready he came in and Mr. Niska was on vacation - then when he came back his architect came in and Mr. Niska stated that he was leaving and he would not take the responsibility of issuing the permit. Questions were asked as to how this is zoned and the response was "commercial ". COUNCIL ..,ELL stated that Mr. Hanks had showed him the plans and he stated that he follow the State Codes to the letter and that there was nothing to be done to change it in anyway so there were no variances required. COUNCILMAN ROGER PETERSON felt that this was a normal every day request for a building permit - if he is going to follow the codes and do everything else that we have the County issue the permit. MR. MAGNUSON stated that what the County would be doing is the plan check for us and he gets the permit from the City. • .d • a • • • 1 7 • • • July 10, 1979 P1 M• for COUNCILMAN ROGER PETERSON stated that if the permit is granted subject to him following all the building codes and the State codes - he could see no problem. MAYOR JUNKER asked the City Attorney if there were any variances required that he would have to take them to the Planning before he brings it to the City Council for a permit. MR. MAGNUSON stated that the Building Code is very thick and very technical and he doesn't begin to know what is in it and that is why the City has a Building Inspector. He reviews the plans to see that they conform - if the Council approved this, they would be taking Mr. Hank's work for it - other than that he could not advise them that they should do it. MAYOR JUNKER asked Mr. Hanks if he had any objection to having it referred to the Planning Commission for their next meeting. MR. HANKS stated that the buildingis not usable - he had a debt to pay - he pays $850 taxes on the property and he acquired the property about six weeks ago from Mr. Perkl who started some work on the building and he cannot use the building until he does this work. MR. MAGNUSON stated that the rules are the same for the County as for the City - the State Building Code when it was adopted by the State it became the law in any municipality or governmental unit that has building codes when it was adopted. COUNCILMAN POWELL inquired if the City could issue the building permit and then notify the County and that they could then do the inspections when needed MR. MAGNUSON stated that the City could always revoke the building permit if he is not complying with the Building Codes - the City might be reluctant to do it when the work is half done. In order to know that he is complying with the codes you have to have someone who is learned in the code. MAYOR JUNKER asked Mr. HANKS if he would be willing to comply with the codes and MR. HANKS stated that he is remodeling the building - restoring the building. COUNCILMAN ROGER PETERSON stated that he did not feel that anyone here at the meeting would know what the variances are - if any - he wanted to know just what they would be. COUNCILMAN POWELL asked if possibly Ron Niska would be willing to look at these plans. MAYOR JUNKER suggested that it be tabled and that the Council would have a meeting on it and ask _.on if he would check it. MR. MAGNUSON stated that the plans have to be checked by a Certified Building Inspector. MAYOR JUNKER DELCARED A RECESS FROM 8:40 to 8:50 P. M. 5. DORIS RYGG, 118% NORTH MAIN STREET, inquired about the legality of the Mexican Import business that peddles his wares on the south end of the City - questioned if they need a permit and wondered why they are allowed to be there. MR. MAGNUSON stated that many years ago the City had "green river ordinances" which controlled this, but those have been outlawed by the U. S. Supreme Court. Last year the City had contact Mr. Erickson who owns the property if he would complain because he was trespassing on his property, but they would not do it. It was questionable as to whether or not this is Erickson's property or he was partially on Highway property. MR. MAGNUSON stated that they can take another look at it and see if there is something that can be done about it. PUBLIC HEARINGS 1. The public hearing that appeared on the agenda for Case No. 362 was postponed since the applicant James Junker was not prepared to proceed at this time. 2. This was the day and time for the public hearing to consider the proposal of the Stillwater Racquetball Club for the issuance of commercial development Revenue Bonds. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City. The Mayor opened the hearing. 329 • • • • a 4 • 330 July 10, 1979 No one appeared regarding this request - Mr. Oscar Kern and Bill Pauley were in attendance. COUNCILMAN POWELL indicated that he had received favorable comments and that it was a legitimate reason to permit that kind of bonding. COUNCILMAN ROGER PETERSON stated again for the record as long as it is understood that this in no way affects the bonded indebtedness of the City of Stillwater - in no way the City pays anything - if the developers forfeit on it - it in no way reverts back on the taxes and this was confirmed by the City Attorney. DAVID MAGNUSON, City Attorney, indicated that he had reviewed the proposed resolution and found it to be in order. The Mayor closed the hearing. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced "RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT RPOJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER PREPARAT PREPARATION OF NECESSARY SECURITIES STATE DOCUMENTSAND MATERIALS O IN CONNECTION ON ING THE WITH SAID PROJECT ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) 3. This was the day and time for the public hearing on the proposed vacation of a portion of Stillwater Avenue lying between and adjacent to Blocks One and Two in Cooper's Addition. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on June 8, 15, 22 and 29, 1979 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. No one appeared in opposition of this proposed street vacation. MR. MAGNUSON stated that a petition had been signed by all of the affected property owners and he further stated that he had talked to Mr. Elliott and he would like to reserve in behalf of the City an easement for the conveyance of storm water and possibly put in a pipe over part of that street in the vacation - this is not objectionable to the parties that have signed the request - no property is deprived of access other than those signing the petition. The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introduced THERIGHT FOR "VACATING EMENT FOROTHE STILLWATER AWATERFACILITIE THAT ARE REQUIRED." AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) UNFINISHED BUSINESS 1. This was the day and time for the bid opening for Local Improvements 152 and 168. The advertisement for bids appeared in the Stillwater Evening Gazette, the official newspaper of the City on June 19. 1979 and also in the Construction Bulletin. Nile Kriesel, David Magnuson, Dorothy Schnell, Dick Moore and a Mr. Peterson from Short - Elliott - Hendrickson, Inc. opened the following one bid at 2:00 P. M., July 10, 1979: Austin P. Keller Construction Co. 481 Front Avenue St. Paul, Minnesota 55117 Bid Bond Total Bid $ 133,867.00 Discussion followed on the one bid that was received - it was considerably over the estimate especially on the lift station. The total estimate was $122,795.00 - the bid is approximately $11,000 over this. i 0I • a • • • a • • July 10, 1979 r • 4 w MR. MOORE felt that the lift station cox" is high, but it possible that they have some other costs included in this figure. Mr. Moore talked to Mr. Lux and told him that it would cost about $10,400 per lot - this price is not completely out of line - he talked co the contractor about the possibility of considering the rest of the project and awarding the lift station s,arately - the specs do say that it will be awarded on the total and that is the way the contractor wants it. Mr. Lux feels it is reasonable on his part and he has not talked to Mr. Dilts. The bid on that project also came in high - it was estimated at $5,4uu and the bid was $8,800. This would be about $2,900 per lot for the three lots. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Engineer was directed to contact the property owner on Harriet Street and report back at the next regular meeting and make the award if these property owners do not object. (all in favor) NEW BUSINESS 1. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council granted permission to the Jaycee's to serve beer in Lowell Park for their convention. (all in favor) 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council granted a beer permit to Vittorios Softball Team to sell 3.2 beer at Lily Lake Park on July 13, 14 and 15, 1979. (all in favor) 3. Mr. Kriesel and Roger Peterson will be attending the seminar on Levy Limits and State Aids on Monday, July 30, 1979 from 1:00 to 5:00 P. M. 4. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Claim from Mr. & Mrs. Joseph Samuelson, 904 South Third Street, Stillwater for damages done to their car by a truck belonging to Junker Sanitation Co. be referred to the City Attorney and to the City's Insurance carrier. (all in favor) The Council questioned the City's liability in this matter and Mr. Magnuson stated that he is under contract with the City and there could possibly be some liability. 5. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council approved the License Excavator Bond for ACG Mechanical, Inc., St. Paul in the amount of $5,000. (all in favor) 6. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the date of July 24, 1979 at 7:30 P. M. was set for the public hearing for Case No. 365 for Peter Hall for variances from Ordinance No. 534 for the Freighthouse Project. (all in favor) 7. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS" subject to Mr. Kriesel's checking out the bills. AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) 8. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, a Beer Permit was granted to the St. Paul Companies (Globe & Clock Club) to serve beer in Lowell Park on July 13, 1979 before boarding The Jubilee for a charter. (all in favor) INDIVIDUALS AND DELEGATIONS - continued None at this time APPLICATIONS On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the following Contractor's Licenses were appoved: (all in favor) Energy Conservation Services 10530 - 114th St. No., Stillwater Insulation Renewal David J. Graham 398 N. Fourth St., Bayport 55003 Roofing Renewal LeRoux Excavating, Inc. 2112 - 64th St., White Bear Lake 55110 Excavators Renewal Nieman Roofing Co., Inc. New Prague, Mn. 56071 Roofing Renewal (continued on page 332) • 3311 • • • • J • • Paul Vielhaber 795 Quinnell, Lakeland, Mn. 550 General Renewal Stanley Hanks 127 South Water Street, Stillwater General New COMMUNICATIONS None July 10, 1979 CITY CLERK'S REPORT 1. The City Clerk called the Council's attention to the letter from the Metropolitan Council regarding the preliminary estimate as of April 1, 1979 for the City of Stillwater which is 13,480, and that if they are not in agreement that the City must make such adjustments by July 31, 1979. (No objections were indicated) CITY COORDINATOR'S REPORT 1. Mr. Kriesel reportea to toe City Council on the matter of Kolliner Park and the letter received from the Jaycees in which they requested that nothing be done with this park this year with the hopes that the City and the Jaycees can come up with a suggestion for monitoring the park. MR. BLKEUM reported that his crews do get over to clean it up - the boaters have been using it and some people walk down there and he agreed that at budget time they should be looking at some way to patrol it or leasing it out to a party to have a concession there - was out for bids before and no one bid on it. For the present time it should stay the way it is - it is being used, but the closed gates keep out the gangs. 2. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Mayor and the City Clerk were authorized to sign the agreement with Oak Park Heights for the use of the Jet Rodder Sewer cleaning equipment. (all in favor) 3. Mr. Kriesel reported to the City Council that the City has received about five applications for the Building Official position. In order to take care of the business that we have right now he has contacted Lyle Doerr from Washington County and will use them as our Plan Checkers and as a Building Official on a temporary basis until we hare a new one. The fee is $12.50 per hour. WILBUR MONSON had reservations about contacting Washington County - they are currently taking care of a goodly portion of Washington County now. He felt that there should be a local person that would be qualied to do this work and this would be of better interest to the people of the City of Stillwater. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized the use of the Washington County Building Inspectors on a temporary basis until the City employs a new Building Official. (all in favor) 4. The Council will interview the applicants for the Building Official position on Wednesday, July 18, 1979 starting at 6:30 P. M. and allowing 15 minutes for each applicant. 5. Mr. Kriesel presented to the Council the recommendation of the Public Safety Committee for an increase for the Volunteer Firemen - $5.00 per man per month and then $25.00 increase for each shift worked. The rate that is paid a regular for taking an extra shift is $144.00 and the City would be saving $44.00 on each of these shifts when they are filled by a volunteer. Discussion followed with questions being raised if this amount was avail- able in the budget and the increase would be about $5,000 per year. Mr. Kriesel felt that this would be an incentive to get the volunteers to take shifts - they are currently having trouble getting men to fill these shifts. The mater of the increase in their pension was also mentioned at this time. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council delayed action on this matter until the next regular meeting. (all in favor) CONSULTING ENGINEER'S REPORT 1. Mr. Moore reported that the work at the Industrial Park should be completed ahead of schedule - all of the utility work has been finished and the grading is sub- stantially finished. ISM k-� L 9 • • • • 7 1- • to July 10, 1979 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, that the discussion on the ordering of the special report for the Sewer and Water Connection Charges be taken up on Wednesday, July 18, 1979 after the Building Official Interviews. (all in favor) COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced "AUTHORIZING NO PARKING ON THE SOUTH SIDE OF CROIXWOOD BOULEVARD FOR A DISTANCE OF 175 FEET TO THE WEST OF COUNTY ROAD NO. 5 ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council authorized a "15 minute parking" sign in front of Jeff Anderson's business on Commercial Avenue. (all in favor) 3. Mr. Abrahamson asked the parking lots be dripped and cleaned up and Mr. Shelton stated that this was on his schedule. 4. Councilman Powell broubht up the matter of the Community Service Officer to direct traffic downtown - the committee discussed this quite thoroughly - Officer Beberg now spends 45% of his time downtown and the rest of the time signing complaints. The reason that one policeman signs complaints is because it saves overtime - :n the evening hours when an arresting officer makes an arrest, Officer Beberg signs the complaint on information given by the arresting officer - the reason for this is that you have to pay two hours call back time for this man to appear in court for 15 minutes and we are saving a considerable amount of money doing it this way. He felt that we could have better enforcement of parking meters and increased revenue. He felt that it was a reasonable request since we have an applicant that is willing to work on a trial basis and this is the time of the year that we need this person. He introduced a resolution to hire this applicant as a Community Service Officer to direct traffic and attend to the meters in the downtown area. COUNCILMAN ROGER PETERSON felt it was out of order - this is not the normal procedure - normally we advertise for a position - the Council hasn't decided to create this position and there is a resolution to hire a person. MAYOR JUNKER asked the City Attorney if this was legal and Mr. Magnuson stated that he would caution the City to this extent - if that girl is No. 1 on the list and if she is not hired the next time an opening comes up then the City -would want to have the personal liability insurance that has been kicked around because this would be a case where a municipal official could be personally liable - sex discrimination cases - wage discrimination cases. (There was no second to this motion - motion died) PUBLIC WORKS 1. Mr. Shelton presented the following quotations to the Council: Sidewalk at Vittorio's, Olive Street sidewalk Second Street sidewalk, Rainbow Court Willard Street Steps and railings $800.00 73 feet of curb back of Thompson Hardware $345.00 Curb by Washington Park - take out and rebuild 178 feet of curb on Churchill * $752.00 * The taking out of the curb can be done by the City which is not included in this amount. Some work on the Main Street Stairs also On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized the above listed maintenance items to be taken care of. AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson and Mayor Junker NAYS -- Councilman Powell (motion carried) 333 • • • • • • 334 July 10, 1979 PARKS AND RECREATION 1. Mr. Blekum reported that the tennis courts at the Croixwood Seventh Addition Park are completed and in use - they still have sodding and seeding to do along County Road No. 12. 2. The Hockey Clinic is over at the arena and they have had three break -ins there. CITY ATTORNEY'S REPORT 1. Mr. Magnuson informed the City Council that he received notice that the annexation hearing will be held on July 12th for the David Johnson Property and he took the liberty of contacting Carl Dale - the City is going to have a Planner testify at the hearing as this is an intergal part of an annexation hearing. He will meet with him tomorrow morning at 10 o'clock. He also contacted Bob Miller because he has to testify as to the effect of the proposed annexation on the school district. He has also contacted Duane Elliott and he is going to be there. His request to the Council was authorized to the sending of a bill to David Johnson for the legal, planner and engineer's fees for these type of hearings and the Council felt it would be in accofdance with our ordinance. He was informed by the lawyer from Stillwater Township that he is going to serve a write of prohibition on the Municipal Board and the City asking the matter of the consent - the issue be resolved in the District Court before any proceedings take place. He felt that rather than proceeding on the 12th they will be enjoined until that matter is cleared up. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council authorized the charging of David Johnson for the legal, planner and engineer's fees incurred in his annexation hearings. (all in favor) 2. Mr. Magnuson stated that when it does come to the City, we will have to have plans and policies of the annexing municipality for providing services (sewers, water, streets) going to have to develop some sort of a plan and present this at the hearing. He asked that somebody work with Duane, Nile and he on this matter - Councilwoman Bodlovick was willing to work on this project. 3. Mr. Magnuson will be going on vacation andasked that his partner, Mr. Howard Turrentine attend the next regular Council meeting and the Council agreed to this. 4. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCES NOS. 559 AND 526 OF THE CITY OF STILLWATER RELATING TO FEES FOR GARBAGE AND RUBBISH COLLECTION IN THE CITY OF STILLWATER". (all in favor - see ordinances) COUNCIL REQUEST ITEMS 1. Councilman Roger Peterson asked that a letter be sent to the Minnesota Highway Department requesting that they allow "no right turns" on "red" on Chestnut and Main and also some regulations that before they make the left turn that the "DON'T WALK" sign should be out. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the City Attorney was instructed to send a letter to the Minnesota Highway Department requesting the above two problems with the signals at Main and Chestnut. (Councilman Powell abstained) 2. MAYOR JDNKER received a letter from Bob from the Norsemen's congratulating the City of Stillwater for beating the Stillwater Gazette in the Softball Game on Saturday. ORDINANCES First Reading - AN ORDINANCE AMENDING ORDINANCES NOS. 559 AND 426 OF THE CITY OF STILLWATER RELATING TO FEES FOR GARBAGE AND RUBBISH COLLECTION IN THE CITY OF STILLWATER. al • 41 • • • • • C c • July 10, 1979 RESOLUTIONS The following resolutions were read and on roll call were unanimously addpted: 1. Directing the Payment of the Bills. 2. Bonding for the Racquetball Court 3. Vacation of a portion of Stillwater Avenue 4. No Parking on the south side of Croixwood Boulevard for 175 feet south of County Road No. 5 5. Fifteen Minute parking on Commercial Avenue. ADJOURNMENT On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the meeting adjourned at 10:05 P. M. Attest: 49. 4-+ -a-4 Cit Clerk Mayor 335 1, • • •