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HomeMy WebLinkAbout1979-12-04 CC MIN• : 470 Press: Citizens: INDIVIDUALS- DELEGATIONS 1. This was the day and time for the bid opening for $300,000 General Obligation Corporate Purpose Bonds of 1980. The advertisement for bid was published in Commercial West on November 24, 1979 and in the Stillwater Evening Gazette the official newspaper of the City on November 21, 1979. RON LANGNESS of Springsteds, Inc. opened the following Bids: NET INTEREST NET INTEREST BID Mo. SYNDICATE HEAD DOLLAR COST RATE POSITION 1 The Northern Trust Company, Chicago $ 106,319.99 6.62429 4 2 Allison - Williams Company 106,454.99 6.6327 5 3 American National Bank & Trust Company St. Paul 106,019.99 6.6059 3 4 Bancnorthwest 105,869.99 6.5962 2 5 The First National Bank of St. Paul St. Paul 105,716.99 6.5867 1 On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, a resolution was introduced 'RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $300,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS OF 1980" AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) (The First National Bank of St. Paul) 2. This was the day and time for the bid opening for $885,000 General Obligation Bonds of 1980. The advertisement for bids was published in Commercial West on Novemger 24, 1979 and in the Stillwater Evening Gazette, the official newspaper of the City on November 21, 1979. COUNCIL CHAMBER Stillwater, Minnesota 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: Also Present: None December 4, 1979 7:30 P. M. Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safeyt Director, Abrhamson; Director of Parks & Recreation, Blekum; Consulting Engineers, Elliott and Van Wormer; Building Official, Snelson Stillwater Evening Gaxette - Liberty WAVN - Gary Larson Steve Sweetland, Tom Cropp, Bill Murray, Bruce Klosowsky, Gerri Granquist, Dave Knefelkamp, Dave Walton, Paul Wiler, William Lecuyer, Jim Gannon, Rev. Daniel Johns, Winston Yonan RON LANGNESS of Springsteds, Inc. opened the following bids: NET INTEREST NET INTEREST DOLLAR COST RATE POSITION BID NO. SYNDICATE HEAD 1. Northern Trust Company Chicago $ 512,760.81 6.68636 4 2. American National Bank & Trust Company St. Paul 507,239.77 6.6143 2 (continued on page 470) A • • r • • • 0 r 0 3. STEVE SWEETLAND, president of the St. Croix Valley Hockey Association, appeared before the City Council thanked the Council for their cooperation and assistance in rectifying some plant facility problems at the Lily Lake Ice Arena - the plexi -glass is a significant improvement. He was here requesting that a hockey rink be erected in the Croixwood area as an outdoor facility - this is not a new concern - it is something that has been talked about for a couple of years. He stated that Councilman 8 Harry Peterson knew that this has the backing of the Recreation Commission and they suggested that he a.pear before the Council as they did not have control of the funding. He made a formal request that in addition to filling out a contract for ice as they have been requested to do this year that their status for the selection of ice time be included in that document. MR. BLEKUM stated that if the Council has some funding that he had measured the rink and it would be 180' x 80' rink and he figured that the cost would be about $1,800 and his crews would put it in. (See action under Revenue Sharing) w NET INTEREST NET INTEREST BID NO. SYNDICATE DOLLAR COST RATE. POSITION 3. Allison- Williams Company $ 513,698.94 6.698b 5 4. The First National Bank of St. Paul 504,002.69 6.5721 1 5. Bancnorthwest 508,384.76 6.6293 3 On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, a resolution was introduced 'RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $885,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980" (The First National Bank of St. Paul) AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) PETITIONS None December 4, 1979 PUBIC HEARINGS 1. This was the day and time set for the public hearing to establish proposed uses in conjunction with Federal Revenue Sharing Funds. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on November 23, 1979. The Mayor opened the hearing. PAUL WEILER, Director of the St. Croix Valley Youth Service Bureau, explained the services that they offer to the youth in this school district - they offer an early intervention diversion service to the youth as an alternative to the juvenile court process - their staff have worked with over 450 youths residing in this school district - of that total of 450 approximately 145 of them reside in Stillwater, this is about 32% of the referrals that they have received to date. A ^cording to the figures that he had available it looks like there is about 28% reduction in the number of new petitions filed with the courts. Only about 5% of the kids that they have contact with have and treated have been involved with the juvenile justice system. HeTquested that the Council fund them with $14,023 for their program for the fiscal year 1980. Their total budget for 1980 is slightly less than $81,000. He distributed formula data to the Council for their consideration in this matter which detailed the Cities that they have approached for funding. The total amount of this funding is $39,000 approximately which is about fifty percent of their overall budget. This 50% was applied to each of the communities in the local service area and divided it based on population and that is how they arrived at each individual figure. The rest of their support will come from two other sources - Washington County and the State of Minnesota - they applied for and successfully received grants in 199 from the State of Minnesota through the Crime Control Planning Board from monies that were set aside especially for intervention programs. They received final confirmation regarding their request for 1980 and they will receive the same amount as 1979. The money that they will receive from the County in 1980 will be tied to match ratio that was felt was necessary to demonstrate community support - 55% of the money that they receive from local communities will be matched by the County. (continued on page 472) 47f a • • s • 6 . December 4, 1979 This is a different formula than was used last year throughout the County. The amount received from the State will be $10,000 - that is the maximum amount that any one program can receive throughout the state. DAVID KNEFELKANP, member of the Board of Directors of the Service Bureau, strongly felt they should be responsible to the community that they serve - if they don't provide adequate service to the families of Stillwater, then the funding could be pulled out. The problem they have is that a new agency is money - he felt that 1980 was going to be a crucial year in the success of the Youth Service Bureau. When they initially approached Washington County for funds, they were lucky - they received a $26,000 CETA Grant and that really setup tlair first year of operation. They don't have this for 1980 as the CETA funds have run out - they feel that they are doing a good job from the Court perspective where he sees a lot of the kids coming through the system, they see less kids coming in now than before they had the Youth Service Bureau. BRUCE KLOSOWSKY, JUVENILE LIASION OFFICER, stated that he had a unique opportunity to work with the School District and to observe some of the things that he sees happening in the juvenile justice sy.,tem and to see some of the needs that they had. In the past they have not had much that they could go with kids who are involved in crime at an early age - they have used the Washington County Human Services and the Welfare Department over the years and private agencies - family counseling was not used very extensively and they saw a need for working with young people on an early deliquency basis. With the Youth Service Bureau that only five percent of the people that complete the program go on further into the system and he felt that was a real strength to the Bureau. It is costing the City a lot of money in the field of vandalism and also causing the citizens a big problem and this is one type of program, if it is support properly and funded properly and they have the proper resources to work, it will help them when they contact these young people to see that these things don't happen over and over again and he would appreciate the Council giving the bureau every consideration they can in funding. GERRI GRANQUIST, member of the Youth Service Board and as a citizen, this year she felt that they could run on their record - they have a year with a success- ful operation under their "belt" and there is justification for the bureau being proud of the records that they have accomplished in a year. She seconded all the items that have been stated and she added that it is obvious that the dollars spent per person served as much much less through the Youth Service Bureau than through the court process and that is something when you are dealing with funding is worthy of the Council's consideration. DAVE WALTON, 611 West Rice Street, who is a Youth Minister in the community, and he would also second everytting that has been said and he made a statement from a student's perspective - one of the clients from the Youth Service Bureau that he shared with the Council. This particular client had been with the Youth Service Bureau and in contact with one of their counselors who indicated that he enjoyed knowing him and it has helped him out personally - they have been a great referral for him with other people and students that he has been in contact with. COUNCILWOMAN BODLOVICK asked if those who can afford have to pay and she was informed that no one pays as these kids do not have the money and in most cases they come from families who cannot afford to pay - this is a free service and the counselors go out to the schools, they go to the homes - they do wherever the kids are and meet with them. COUNCILMAN HARRY PETERSON asked what kind of success they have had when they approached other communities up to this point and then he made reference to the data sheet and the funding that they expect to get and the fact that this would leave then several thousand dollars short. MR. WEILER replied that they would be short, but they have a request in to the Bayport Foundation to subsidize their companion program - they have received a small grant from both the Margaret Rivers and the Bayport Foundation - they have approached them for a grant of approximately $7,000. In their first year of operation they also received a fairly substantial amount of unsolicited contributions from various civic clubs and ladies organizations and they have the feeling that will bring about another $1,500 or $2,000 in 1980. If they are not successful with the Bayport Foundation that the companion program would have to be cut back, but the core program or services of families and counseling and restitution programs would remain. He felt that they have had a very favorable response from at least a half dozen communities - there are four communities that are still undecided and there is one community that he feels fairly certain as they are not able at this time to make a commitment, and he will go back in March. He has commitments from Lake Elmo, Lakeland, Lake St. Croix Beach, Marine, Oak Park Heights, and the Cities of St. Mary's Point and Bayport are undecided at this point. MAYOR JUNKER asked if he could wait until the next meeting for an answer on this request and COUNCILMAN R. PETERSON felt that Mr. Kriesel should tabulate all of the requests and commitments that have been made out of the 1980 Revenue Sharing. 14 4 1 tl 0 0 • 0 • Mr • • • OM On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Finance Director was instructed to tabulate all of the requests that have been received and also the commitments that the Council has already made and prepare a list and set a meeting M• for sometime the week of December 17th. (all in favor) v December 4, 1979 MAYOR JUNKER asked Mr. Blekum if he was aware of the fact that the School District has offered the lights at the old Athletic Field to the City and MR. BLEKUM reponded that when we maintained that area he could not get an electrician to climb those poles and we do not want them, and the Council concurred. COUNCILMAN HARRY PETERSON stated that he wanted to go on record as being in support of the St. Croix Valley Youth Service Bureau - he wanted to see the Council fund an organization like this - if we don't continue to try to control the youth crime problems that we are going to pay for it many times over - $14,000 out of whatever Revenue Sharing we get for tax money is a small price that we have to pay for the control of even one criminal. COUNCILMAN POWELL concurred with Councilman Harry Peterson and that at one time they were figuring on whether they could give $75,00 and he would like to say from his part he would like to see the full amount of the request. MAYOR JUNKER agreed that they do a nice job. MR. KRIESEL informed the Council that they have to have another budget hearing on the Revenue Sharing and he suggested that they set a meeting for the week of December 17th. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized the installation of the hockey boards for the Croixwood Hockey Rink at a cost not to exceed $2,000. (all in favor) (This money could be taken out of the monies received for the repairs at the arena) DUANE ELLIOTT reminded the Council of the project that is currently under study regarding Lily Lake for the maintenance of the level of that lake - it would be difficult to determine how it could be assessed - it is a benefit to the whole community inasmuch as the Recreation facility is there - at one time this was discussed as a potential Revenue Sharing project and this will be included in the tabulation. He will furnish the Council with a figure at the next meeting for this project. 2. TAXI RATE INCREASES HEARING No one appeared regarding this matter and the Council reviewed the schedule submitted by Tom Cropp for the Stillwater Taxi Co. and the Valley Taxi, Inc. - the last rate increase was two years ago and the Council felt that with the high costs of gasoline this would not be out of line. The rate is 25Q for each category. The Stillwater City Officers and the Council members have not received any calls regarding these proposed increases. The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council approved the proposed rate schedule for taxi rates effective January 1, 1980. (all in favor) MAYOR JUNKER asked Mr. Cropp about the vehicles that he has been parking on Orleans Street and Mr. Cropp indicated that seven of them were moved out of there today and there have been many complaints on this matter. 3. CONTINUATION OF THE HEARING ON CASE NO. 346 - Winston Yonan MAYOR JUNKER asked Mr. Yonan if he personally felt that he would have any water problems and he did feel that if he took the right precautions that he would not have any problems and he would build the house down low on the lot. COUNCILMAN ROGER PETERSON questioned if there is a heavy rain if the water would sit down there before it would seep down to the drain tile, and MR. YONAN could not see a problem. MAYOR JUNKER asked if he were to berm between him and Mr. Simonet and give the City an easement in case his property would flood to the property to the north, would he feel it would be fair to give him the variance - he would hate to see Dave Reinhart flooded out. • 473 \, • • • • w • • • (74 December 4, 1979 JACK SHELTON stated that he and Dick Moore had gone up there a couple of times since the last Council meeting and he did not know if it could flow through Simonet's yard and back around Reinharts or not and he was not sure that we could get an easement that would flow out of there. He suggested that Mr. Yonan find the elevation of the sewer as it is stubbed in to find out where he can set the foundation of his home and felt that he would want a basement drain - he may have to fill in a few feet - the more they looked at it could be filled in - it would be an expenseive lot - you would have to build a retaining wall next to Mr. Simonet's, come up to Mr. Reinhart's driveway - fill that in with fill and it would have to settle before he could put any type of home on it - there is a storm sewer available coming up from Mulberry up Greeks/ Street which would be about a 550 feet length of storm sewer. He felt that there would have to be a pretty substantial rain to have the water stay there for any length of time. Mr. Moore and Mr. Shelton felt that the best way would be to fill it in and drain it out over the sidewalk and down the Street - with a retaining wall next to Mr. Simonet - it would have to be four to five feet high and with another hearing Mr. Simonet would be against that - he felt that to fill it up a little bit is going to help Mr. Yonan and he will have to do that to get the sewer stubbed in and he is going to have to be above that with the footings. The stub in would be aboutl2 feet six inches and this would have about a five foot covering for the sewer and the water line would have to be insulated. MR. YONAN could see building a house on that lot and that it would not flood any of the adjacent property. COUNCILWOMAN BODLOVICK asked what Mr. Moore's recommendation was and MR. SHELTON stated Mr. Moore did not know how the Council felt about this - do they want to make sure when Mr. Yonan builds his house that it will never get flooded. MR. ELLIOTT did not feel that anyone could go out and visually make a recommenda- tion and he questioned whether the City is accepting more responsibility than it should. MR. MAGNUSON stated that you give him some assurances that he would be okay you are assuming the liability - you are promising that he will be okay and he did not know how deep the Council wanted get into this. MR. SHELTON stated that he has ever seen any water sitting on this lot, but COUNCILMAN R. PETERSON stated that several of the neighbors had told him that there has been water standing there, but they do not object to the house at all - they feel that it would be an improvement. MAYOR JUNKER stated that the biggest concern is the neighbors because if we flood them out, then we are responsible. MR. SHELTON stated that if he builds in the hole the way he wishes and if he just has to fill in a little bit there is no chance of him putting any water on any- body else's property. MAYOR JUNKER asked Mr. Yonan about signing a lease and Mr. Yonan agreed to that, but he did not feel that anyone would be flooded. COUNCILMAN H. PETERSON was concerned about a flow of water to neighbors - he was in favor of building a house on this property - this would be another buildable lot and it would be necessary that the City be relieved of any possible liability at the present time and in the future on this property. The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council granted the variance to Mr. Yonan for a lot on the corner of Greeley and Rice Streets with a signed release that the City would be relieved from any damage from water on that lot or to that home and that such an agreement would be signed before a Building Permit is issued. (all in favor) MR. YONAN stated that the lot is registered in his mother's name and asked if that required anything from the City Council and the City Attorney ruled that it did not. THE MAYOR DECLARED A RECESS FROM8:35 TO 8:45 P. M. PM weI s 4 V 0 0 • • • • • r • tap December 4, 1979 UNFINISHED BUSINESS 1. On motion of Councilman Harry Peterson, seconded by Councilman Powell, the Council directed that a letter be sent to Mr. Vadness of Bald Eagle Contracting that he must appear at the December 18, 1979 meeting or his license will be automatically suspended. (all in favor) (The Building Inspector recommended that the license be suspended because of the poor job he did on the Hasty home on South Third Street) 2. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council authorized the Mayor and the City Clerk to sign Lease No. 232, 050 with the Burlington Northern which is for a rent figure of $2,100.00 for the River Parking Lot. (all in favor) 3. Mr. Kriegel was directed to set up a meeting with Chuck Swenson on the Local No. 49 Contract. (Street and Parks Department Employees) NEW BUSINESS 1. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, a resolution was introduced "EMPLOYING DALE HARTWIG AS A SKATE GUARD AT THE ARENA ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) 2. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilman H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 3. On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson, the Council set the date of December 18, 1979 at 7:30 P. M.for the public hearings for Case No. 371 for Richard Arney, 406 West Olive Street for a Special Use Permit for professional offices in his home and Case No. 372 for Julie Cates for a Special Use Permit for a consignment shop at 108 South Sixth Street. (all in favor) (Mrs. Cates withdrew her case on December 5, 1979 so no hearing notice was published or mailed). INDIVIDUALS OR DELEGATIONS - continued None at this point in the meeting APPLICATIONS On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the following Contractor's Licenses were approved: (all in favor) Gary J. Plantenberg dba G. P. & Son Remodeling Co. General General Chimney Sweeping General 1290 Desoto, St. Paul 55101 RCE Corporation 2100 Silver Lake Rd., New Brighton 55112 Cary D. Staberg and Keith Staberg dba Top Hat & Tails 15237 - 63rd Street, Stillwater D. F. Vizecky Contracting Co. All State American Concrete, Inc. 323 West 48th St., Minneapolis 55409 New New New COMMUNICATIONS From Town of Grant regarding a pending proposal for a waste disposal lift station with 2,000 acre capacity that could possibly serve a portion of Grant Township. MR. KRIESEL stated that one of the supervisors had heard that the City of Stillwater was planning some type of a sewer facility that would eventually serve Grant Township. MR. ELLIOTT stated that there was a misunderstanding out at the meeting that was held with the Metropolitan Sewer Board and there was talk about the Stillwater system serving parts of the Township and there never was any mention of Grant Township. Renewal 47 • • • J • r • • 476 December 4, 1979 MR. KRIESEL was directed to send them a letter stating that this is incorrect information at this time. CITY CLERK'S REPORT On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the City Clerk was directed to advertise for the Official Advertising for 1980, said bids to be returnable at 7:30 P. M. on December 18, 1979. (all in favor) CITY COORDINATOR'S REPORT 1. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council granted a ninety day leave of absence for David Colombo from the Fire Department starting December 10, 1979. (All in favor) (Mr. Kriesel informed the Council that this would cost the City less money to fill these shifts with volunteers and he will be going to Flight Training School). 2. Mr. Kriesel reminded Mayor Junker, Councilman Powell and the City Attorney of the mediation meeting at the Washington County Courthouse at 10 o'clock tomorrow morning on the Firefighter's contract. 3. Mr. Kriesel presented to the City Council the addendum for the Agreement on the Washington County Historic Courthouse and made reference to Section B. (Specific Undertakings of the Parties), Subsection 3,paragraph a, b, c and d as follows: The City will provide the exterior grounds maintenance of the Center. 3 I Included in this undertaking are: a. Cutting of grass, trimming, and pruning. b. Snow shoveling, parking lot snowplowing, ice and snow removal c Removal of diseased trees and replanting as may be approriate d. Maintenance and repair of sidewalks and ground retaining walls. Replacement of sidewalks and ground retaining walls being in the nature of capital improvements will be the obligation of the Foundation. There was discussion on the removal of the trees and Mr. Blekum reported that there are only three elms left - 36,39 and 37 inches in diameter respectively and their removal could be costly - the cost would be $250.00 to $300 00 each and we paid for the others that were removed. MR. BLEKUM gave the Council a run -down on what has to be done as follows: - the parking lot needs patch work and sealcoating for 19,800 square feet; the bituminous walkway on the north and east sides of the building needs resurfacing - 1,141 square feet - the three elms - there are five sidewalk squares on the corner where it makes the curve on Fourth and Pine that are heaved up. He has not secured any prices - he felt these items should be taken care of right now. There is some repair work that should be done on the wall and as far as the wall itself, the Third Street side has been leaning for a number of years - it might last another forty years or it might fall part with the next heavy rain. The excerpts from the Washington County Board meeting indicated that the funding from the repairs of the stairs on the inside is contingent upon the City's approval of Items 3. a., b., and c., and it was agreed that a., b., and c would be agreed to. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized the approval of .ne Addendum to the Agreement with the Washington County Histrric courthouse Foundation p . under Section 8, subsection 3, paragraphs a, b and c. only. (all in favor) Res 4. Mr. Kriesel reported to the Council that it was his feeling that the sewer service rates are going to have to be increased and he hopes to have all of the figures by the next meeting. COUNCILMAN ROGER PETERSON felt that as long as the water is going through the sewer system for some of the roof drains and we are having to pay for it, he thought that we should be able to collect from the various owners of the buildings for the water that is going into the sanitary sewer system, and we are paying for it. Everyone is paying for this and we know what roofs are adding and we should measure that and collect. MR. ELLIOTT stated that it is feasible to calculate on an average basis of about 26 inches of average rainfall and this would be on a flat roof. MR. KRIESEL also felt that we should be looking into operations that pump septic tanks who dump it right into the system and it is up to the "ity to regulate it. PI NO V • • • • • R • ple 0 December 4, 1979 MR. MAGNUSON stated that it is recommended that you let them do otherwise they will dump it out into fields or other places. MR. ELLIOTT felt that the real problem is with the type of flow that is occurring 1440 minutes a day and that is the leaks in the pipes. The Metropolitan Waste Control Commission at the last meeting that was held here that is possible that an I/I Study could be funded for the City of Stillwater - North St. Paul has already received a letter from the Commission and they are applying for a million dollars for some 32 communities that are high sewage flow communities - Stillwater and Bayport are among these. He said that Stillwater should be getting a letter soon - this would be monies for a study and does not involve any construction and it is felt that this amount if inadequate for the amount of work that is going to be studied in the Metro area - the communities that indicated that they were interested in this type of funding will be in some type of priority list. The secret is that if everybody else's flow is currently high is somehow dimished by studies and some possible reconstruction and Stillwater does nothing we are going to have a greater share of the total bill in the future as there are only so many gallons that they can charge as treatment. He would hope that the City would indicate an interest to the Metropolitan Waste Control Commission as being interested in the funding program which is 75% federal, 15% state and the City's input is 10 %. That is where the City's hope lies. If the City gets the help on the study work and that study says that the City of Stillwater has some sewer in the downtown area that really must be constructed, they will participate in that as well and that is where the big dollars are -- there are some old 1880 brick sewers in the downtown area. The study has to come first and it has to be proven and then you reconstruct rather than treat forever. There is no proven fact that you can treat twice the flow that a community should have forever as opposed to identifying it and being able to reconstruct it. As soon as the letter is received, there should be a letter showing interest in the program if Stillwater wants to go ahead. MR. BLEKUM reminded the Council of the overflow from Lily Lake that is getting into the lift station on Greeley Street, and this is being treated and MR. ELLIOTT was bothered that this has to happen all winter and he wishes it was possible to plug the sewer but it is needed for the ice arena. Discussion was held about pumping Lily Lake now and Mr. Shelton reported that the City requested a permit in October and the permit finally arrived yesterday and he stated that you wanted to be done by the 15th of December which is impossible and he requested that it be extended to May 30th - it is almost impossible now with all of the games at the Arena and possible damage to the pumps. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, Mr. Kriesel made the first reading by title of an ordinance entitled 'AN ORDINANCE AMENDING ORDINANCE NOS. 368 AND 560 OF THE CITY OF STILLWATER REGULATING THE FIXING AND ESTABLISHING OF SEWER SERVICE CHARGES AND PROVIDING COLLECTION THEREOF" (all in favor) CONSULTING ENGINEER'S REPORT 1. MR. GLEN VAN WORMER reported on the meeting that was held with the Coastguard on the 8th of November where he represented the City and at that time he made a presentation to them and told them of the concept that had been presented to the Council. There were also a number of other people who were present who spoke in favor of the concept and at the end Mr. Thoroughman was very receptive and stated that he would go along with the concept and they agreed on a January 1, 1980 date at which time they would have some firm recommendations to them. He indicated that all present were in agreement with it that he could just pass it on as to what they would recommend to him. He did request some formal Council action so that there is a record of it - he also asked for confirmation from: the Downtown group, the Transportation Department and the Marina operators and boaters. After that he had the opportunity to meet with a group of the downtown merchants and marina owners and he then prepared the schedule which he distributed to the Council this evening. MR. HAHN presented a letter to Mr. Kriesel which indicated that the schedule prepared by Mr. Van Wormer meets the express wishes of the Downtown Council for adequate traffic flow through Stillwater and thanked the City for their concerns. MAYOR JUNKER asked Bill Murray if he was satisfied and he indicated that they were - they will go along with it - there are a few points, but the traffic is the problem - they have worked out their problems with the retail council and their representatives from the marinas and the boaters and this schedule is fine. MR. VAN WORMER stated that the Council has three possible courses of action on this matter (1) pass a resolution approving the schedule; (2) set a hearing at the next meeting; (3) or make a recommendation to Mr. Thoroughman and draft a letter and send it to him by a specific date. 477 • • • • • 1 • ( 478 December 4, 1979 On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was introduced "RECOMMENDING LIFT BRIDGE OPERATING HOURS" as recommended by Glen Van Wormer along with a letter to the Coastguard. AYES -- Councilwoman Rodlovick, Councilmen 11. 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 the suspension of work by Lino Contracting, Inc., Hugo, Minnesota on Local Improvement No. 157 -2, S.P. 8214 -83, North Frontage Road and Crossover Trunk Highway 212 as of November 28, 1979 and that a new completicn date of June 1, 1980 be set. (all in favor) COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson, the Council approved free parking from Decemtar 10, 1979 to December 31, 1979 for the Downtown. area. (all in favor) 2. COUNCILMAN POWELL reported on a plan to be studied and it was not net with a great amount of enthusiasm - the sum and substance of it was the City would study the possiblity of having one fireman on a shift at a time with the exception of the weekends where you could have two and then have volunteer firemen available from the City to work during the day so that we would not have shift time fill -ins - considerable discussion was given to that and he suggested that the Public Safety Director could work with the Fire Chief to see if there is any way that this can be done. With the cost of salaries and fire costs altogether each shift costs of $150 to fill - if the schedule could be arranged so that one man would be on duty and that volunteers from the City could fill -in during the day to operate the fire department - he is not saying it could be done, but he is thinking that there is a possiblity that it could be done if some study were given to the matter. He stated that the Public Safety Director said that if anything were to be done that the Council would have to give him some direction. He did not feel that it would hurt to look into the possibilities of doing this - if we find out that could be done and it would take some considerable time to train people within the City Family to be qualified as firefighters - they just couldn't step in and do it. He felt that it could be looked into without causing any hard feelings or changing any programs it would be kind of an exploratory kind of thing. COUNCILMAN ROGER PEGERSON felt it was worthwhile looking into, but didn't know if it would work either - worthwhile getting some information on it. MAYOR JUKKER did not feel that we should do that - he felt that it should be put into a planning stage and do it that way and he felt that would be going at it too harshly - COUNCILMAN POWELL stated that nothing has to be done about it - if they find it doesn't work then they come back and report and if they find that it can work then we have to look into it. COUNCILWOMAN BODLOVICK asked Chief Abrahamson to clarify it for the Mayor as to what he really wants from the Council. CHIEF ABRAHAMSON stated that there have been some pressures placed on him by some Council people during the past few months who wanted him to do these things and he keeps saying that he has to answer to the full Council - if the full Council or the majority of the Council feels that he should do something, that he would do it - but this is a real sensitive area right now because you have the police and fire involved and he will do anything that he is directed by the Council and that is why he wanted direction - he did not want to go down there and start doing studies. He reported that he did this about 12 years ago and he met with 16 or 20 fire departments and did a study - if this is what the Council wants he can do this, but he doesn't feel that he should be going out doing it without the full Council's knowledge. MAYOR JUNKER felt that Mr. Abrahamson and Mr. Chial should be able to work on this and if they find out and if they feel that one man per shift per day per week with two on Sundays and the volunteers from the City would work . . . COUNCILMAN POWELL also asked that Mr. Kriesel give the Council a savings clause - how many days do we have to fill -in for firemen that are off at $150 per day -- he felt that was important to know. The cost of the City are rising every day and if there is a way to reduce expenses he felt that it was the Council's obligation to do that without hurting the service. a Is MO W • I I 1 • • • • • • i 1 k • 0 • M I B 14 a December 4, 1979 MAYOR JUNKER stated that one of the suggestions that was made was that employees of the City be volunteer firemen - before you can say they are firemen you have to ask each individual if they want to be a fireman and he did not feel that Chief Abrahamson would need any direction to do that - the first thing that we do if they don't want to be firemen, we eliminate the proposition. COUNCILMAN R. PETERSON did not feel that was the only aternative. He felt that there may be other alternatives. MAYOR JUNKER stated that all he had to do is ask ten city employees if they want to be firemen if everyone refuses, we have no volunteers in the Public Works or the Police Department -- then we don't have any. COUNCILMAN R. PETERSON stated that there may be another way - he felt that it would be proper to give them direction to study the situation - that would be all that we are asking of him - there has been no determination as to what is going to happen at any time - all you are doing is studying the matter - there is no difference between that and preparing a feasibility study for a sewer project. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Director of Public Safety was instructed, as well as the Fire Chief and the Finance Director, to study this proposal and make a recommendation in the future. AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson and Powell NAYS - -Mayor Junker (motion carried) COUNCILMAN HARRY PETERSON stated that what Wally is asking for here is proper - if on his own, as you suggested making a survey and making inquiries because Bill Powell has an idea, he as a member of the Council could say that he has got better things to do - I want him tagging cars - I want him going downtown with the firemen - what we really said to him is you are authorized to do this and I vote in that direction - even though you voted negatively (the Mayor), you have to support the direction of the full Council. MAYOR JUNKER stated that all he was saying is a year later he hoped that somebody doesn't come back and say that how come the Public Safety Director was directed to get rid of sixteen firemen - just make sure that it is on record that whatever his directions are, he knows what they are. PARKS AND RECREATION 1. MR. BLEKUM reported that the River Valley Lions has taken on the up- grading of Pioneer Park specifically with the terracing - they intend to get other civic organizations down to the Girl Scouts and Bey Scouts, 4 -Hrs. They are going to clean out all of the brush off the terracing with the aid of his department so that they can see what they have there; the replacement of all of the re- taining wall stones that have fallen down, putting in patching concrete where needed; the construction of a fence possibly the same kind as is on the Second Street side of the park with a stairway and overlook on the south along the Second Street side so that when the terraces are cleaned and planted,people can stand out there to get a view and get down to the lower level. Every second terrace will be left vacant of plantings, soil will be covered with c.00dchips so that there will be walkways for maintenance to the terrace just above it. They want to go all the way around on the south and east sides with this project. They know that they are up against some financial matters and they have hired landscape architects from Abrahamson Nursery to assist them and they have been at the meetings. For labor they intend to get everybody involved and also have some fund raising. 2. MR. BLEKUM reported that the Jaycees have approached him about park benches for the Parks and he told them he could use some for Lowell Park - they are thinking about benches with concrete sides. 3. Mr. Blekum further informed the Council that as far as he knew neither of these organizations are going to approach the City for funds, but it could be possible since they are costly projects. BUILDING INSPECTION 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council authorized Mr. Snelson to attend classes at North Hennepin College at a cost of $55.00 for the three classes. (all in favor) 479 0 a • • 1 • .%180 December 4, 1979 2. Mr. Snelson informed the Council that the North Star Chapter is conducting a seminar which he would like to attend - the one on December 11th in Hopkins and he did not have the cost figures of same. (He was not sure of the fee for this seminar). On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, Mr. Snelson was authorized to attend the one day seminar for Building Officials in Hopkins on December 11, 1979. (all in favor) 3. On motion of Councilman Roger Peterson, seconded by Councilman Powell, Mr. Snelson was authorized to attend a Home Sewage Treatment Seminar in February at a cost figure of $35.00. (all in favor) 4. Mr. Snelson reminded the City Council that the extension on the Old Courthouse will expire on December 7th and as far as he knew they have not done any of this work - he stated they have hired an engineer to either design a new stair- way or repair this one on the south end. The architect asked for a letter stating the condition of the insulation and he reported that there is no insulation - he and Lyle Doerr spent some time there and he cited the list of things that they felt should be done - he has written a letter to the Foundation explaining these matters and he advised them of what should be done to control the crowds when they have an emergency at their public functions. He recommended that the Council close it until they do at least some of the repair work. COUNCILMAN POWELL stilled that he had received a notice from a lady that she was very concerned about7it was overloaded and that the tables were so close to- gether at one of the Choral programs that she hesitated to go into the room should a fire break out that they could not get out. He also had another call who was wondering what the City's position was with regard to the old Courthouse as there were rumors that the City wanted to close it down and he told her that is not true - the City would like to see it go, but if the County is doing away with its inspection system, then if it is going to be the City's responsibility that they wanted to make sure that they were not remissing in not protecting ourselves from what could happen. It is surprising that the Courthouse Foundation would spend the money that they have and they have gone broke now and they have not done these basic things. MAYOR JUNKER asked the question who is responsible for the condition of the old Courthouse - the County or the Fundation and he was informed that the Foundation is - the Mayor felt that the Council should direct Mr. Snelton to see that the Foundation or have the City Attorney write a letter - either they have to correct some of these things that you feel are not passable - we do not want to close it down, but they don't seem to want to do anything either. COUNCILMAN HARRY PETERSON suggested that the City make haste slowly on writing letters, giving direction - he felt that what we need to do is to have a little bit of counsel - more from Jesse, maybe a representative of the Council, the Foundation, the County Board in the quiet of somebody's home, if necessary, to talk about the prospect on this project - he felt that we could go too far on giving direction,whether it is given to Jesse or the City Clerk to write letters because they are mis- interpreted and they are misquoted. When Jesse recited the deficiencies in the old Courthouse, one of the things that came to his mind, does our code that we are enforcing address the question of insulation as such - is a heat saver, an energy saver or are we doing that because energy is a big issue today and are we in a position to insist that a building of the age of the old Courthouse now undergo an insulation treatment. - is there a certain "grand - fathering in ". He is fully concerned with the safety features of the stairways, fire protection and the overloading, but are we in a position to say,'you must put a storm door on here, you must fix that latch - you must put in six inches of insulation' - he was not sure of that. MR. SNELSON stated that because it is a historic building, he only recommended that they do these things as far as the insulation. COUNCILMAN HARRY PETERSON felt that we could not close them up because of the amount of energy that they are wasting. He further reported that he was at the Choral Concert Friday evening on the second floor and while he did feel that it was overloaded. he did not feel particularly unsafe - there were two stairways available - he felt that we have a situation in which he would like to see that all of the "eggs" are put in one basket. We have a courthouse here in which a quarter of a million or a half million dollars has been spent and we can't afford to close it and we should not close it - there are too many people that say 'that we need to save it,even if it means a great sacrifice.' The other side of the coin is that we are still carrying on some kind of court action or hearing action on the Nelson School and we have divided groups here and it seems to him it is not impossible to suggest the City talk to Rivertown Restoration people in terms of completing the dealings on the Nelson School and the demolition of it, or the sale of it with the idea that the money received be given to the Courthouse Foundation to put something more into the building that all the Council feels should be saved. He feels this is a tremendous building and has tremendous potential for the type of performances that were given - he agreed that the building was overloaded and if he had his way he would say "we should, by Fire Marshal rules that the second floor cannot accommodate more than 300 people" and once you reach 300 you don't let any more up there. s L7 r1 • • • • ■ • December 4, 1979 481 • pla 11 5. MR. SNELSON informed the Council that they are proposing a cooked chicken carry -out store at the rear of the Brooks Superette on North William Street and questions if they would need a Special Use Permit he felt that they could create a different shopping pattern. MR. MAGNUSON stated that Leighton Johnson talked to him about this and his interpretation of it and feels that this is a retail business and that about seventy percent of it would be catering and he did not see any difference between that where Hooley's roast chicken in their store - it is his opinion that they would not need one since there is not a change in the use of the business and he had the City Clerk poll the Council - she reached three of them (Councilwoman Bodlovick, Councilmen R. Peterson and Powell) and they did not feel there should be any problem. MAYOR JUNKER stated that if there is a problem in frying the chicken, then possibly we would have to go to him about this and COUNCILMAN R. PETERSON was in agreement with that, but he did not feel that there would be a problem - the use remains the same - that has always been a retail store Questions were raised about the hours of operation and it was brought out that they will possibly be open about the same hours as the Superette which should pose no problems. CITY ATTORNEY'S REPORT 1. On the Erickson condemnation, the commissioners narrowed down to between $112,000 to $114,000 - on the final award, but that is the future that City's appraisal was about $96,000 which is not be coming in within a couple of weeks. This is not made the award but that is what they are thi called him and they have it they haven't actually decided they are talking about. The far off and that award will off the record - they have nking. 2. MR. MAGNUSON reported that in the Nelson School case he received the Referee's report -- Al Klein who has heard all of the testimony and it is very lengthy and after a review of it, it seems to be factual - he has got everything acturaterly and his recommendations are that the City has not exhausted our duty to find a feasible and suitable alternative as to the destruction of the building. He recommends that the City begin negotiations with Rivertown Restoration to resolve the financing question problem and any other doubts that the City had and report back to the court within ninety days. That recommendation has not been adopted by the judge as yet and the City has a certain number of days,probably to the end of this week,to object to the findings if they are not accurate, and he could not see any place where they are not accurate - the report as submitted - he could not have any objection to same. He cannot argue with any of his findings. Either party can file an objection to the findings, if they feel that they are not accurate before the judge signs them and he feels that they are accurate, so she feels that the City has no objection to same. (He made a suggestion that he make copies and send them to the Council and they stated that was not necessary) COUNCILMAN POWELL felt that Bob Hagstrom and his company is still in with their project for remodeling - of all of the contractors that have been interested in it, he felt that they had the best credentials. MR. KRIESEL informed the Council that there are some other people that are interested in the Nelson School building and that we should negotiate with some of them. MR. MAGNUSON felt that the Council is free to negotiate with anybody at this point. Since the City made this decision, the Red Wing Row House case went to Supreme Court - it was a private owner (Erickson Diversified) and the District Court had given them permission to tear them down - the Supreme Court reversed and even though the Row Houses have very little historical significance in his estimation, the Court said that they did not exhaust every feasible and prudent alternative before they ordered the demolition. Now, if the Referee says and he quoted a couple of cases, that the legis- lature enacted these laws for the preservation of historical sites, and if a public body or municipality is under a greater duty to carry forth the purposes of those laws than a private citizen. The City's duty in relationship to the Nelson School under the Statutes as they exist would be greater than the Ericksons to the Row Houses - he can't tear the Row Houses down. He felt that the findings are going to be accepted by the judge and he could not see any reason, if the Council wanted to negotiate, why the Council should wait around for another month until he signs them. The City is restrained from tearing it down. MAYOR JUNKER asked if we are restricted from selling it somebody who would tear it down and MR. MAGNUSON stated that we could sell it to somebody all right and then that person would be unable to tear it down. • • IP • • 8( 482 December 4, 1979 MR. MAGNUSON stated that it could net be torn down unless we have exhausted any feasible and prudent alternatives and in connection with the proposals, he says that the City did not iron out all of the financing problems with the Hagstroms - the City did not look at it carefully enough - the City did not negotiate with them to find out whether it was feasible and the Referee quotes Mr. Peterson's testimony, 'if the project loses money is not a controll- ing factor for the Council'- the fact that something loses money is not the business of the City Council - if someone loses money that is their business. The other thing that he felt was extremely important is that it bears on the one decision that the Council makes - the objections of the neighbors status quo are not sufficient reasons. MAYOR JUNKER stated that this is unbelievable - the justice has gone on the wrong side of the law - we do not do a thing unless we ask the neighbors - how can the judge make a statement like that and he made reference to the objections from the neighbors regarding the building of a home on North Greeley and Rice Streets because of water problems and the hearing was continued - then he felt that the School should be locked up. MR. MAGNUSON stated that the legislature made the laws and they made a findings that it is in the public interest to preserve historical sites, and that is what the whole thing resolves on. MAYOR JUNKER stated that not all of the facts and figures were down, but one thing that nobody can deny is that the guy that buys the Nelson School,only with a single family dwelling, has he enough area to put up a garage - actually he can't even build a garage on his property without a Special Use Permit be- cause he does not have enough backyard or sideyard. .. . . . . . COUNCILMAN ROGER PETERSON stated that the City is going to have to decide what they are going to do - you can talk about the sideyards, backyards all night long and it is not going to make any difference - David told us what the Referee's hearing is and what do we want to do. MAYOR JUNKER felt that we would just have to let it go and COUNCILMAN ROGER PETERSON asked what is the next step? MR. MAGNUSON states that he could not find a legal basis for objection to the findings - there is nothing you can do - COUNCILMAN HARRY PETERSON stated as he understands it, no response is required from either side - the Judge will get the report and he will in time make his ruling and then at that point, it is up to the Council to re- advertise for bids in connection with this. 3. MR. MAGNUSON stated that in connection with Local Improvement Nos. 173 and 171 there are a couple of problems - the first one is Swager Bros. have indicated that they want to extend the pipe by the Somerset Systems - instead of having it stop where it is, they want the pipe to go all the way down to the Brick Pond - they have plans to improve it and if they don't do it now, they will have to come back and have them do it in a couple of years and it will cost them some more money. The other thing,which is more important, is in connection with Feely and Ogren - in negotiating with the Feelys - -- the County Highway Department paid 20c a square foot for temporary easements and 50c per square foot for permanent easements. Feely wants, where the proposed pond is to be located, he wants 80c per square foot and 300 per square foot for temporary and which will total up to about $30,000. Mr. Ogren is after as much as $1.50 per square foot on the average for the taking of that street and that would cost around $50,000 - he did not feel that we are going to get anywhere by negotiating with them and he is not comfortable negotiating with these kind of figures and what he felt we should begin condemnation action and do it the correct way. There is a lot of money involved in it and he did not have the authority to do that. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the City Attorney was directed to enter into condemnation proceedings for the easements in connection with Local Improvement No. 171. (all in favor) In connection with Paul Emerson, who is involved in Local Improvement No. 173, we have the temporary easements from Mr. Kern and Croixgate is willing to give the City an easement; however, Mr. Emerson, who has approximately 50,000 square feet there for the whole right -of -way for the street across his property has a number of conditions - (1) he will give the easement providing that everyone else does; (2) that the City agree that when you come to computing the lot size for his future development that it include the area that will be under the street in the lot size; (The Council was not in favor of this and the City Attorney did not feel that this would be reasonable and it would be better to pay for the land); (3) he objects to the 16 inch watermain being assessed to his property. (continued on page 483) SI/ W tr1 e a • • • • r COUNCIL REQUEST ITEMS n w December 4, 1979 Mr. Emerson stated that if no one else gets paid and it is all one project on the other end with South Greeley Street and talking with Mr. Kern he gave him his assurances that he would be treated the same way everyone else is - that is we had to pay somebody for the right -of -way, then the other people who we got it from should be treated the same way - he felt that is being fair. MR. ELLIOTT stated that while the two improvemenrs are with the same contractor, they are unrelated and that it is not even the same street. MR. MAGNUSON did not feel that we should pay the same amount to each person, but if we pay somebody a nickel, then we should pay a nickel for the other. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council directed the City Attorney to advise Mr. Emerson that we could not go along with his second request that when he computes the lot size for this development that the street right -of -way be included as part of the lot size. (all in favor) 1. MAYOR JUNKER asked Mr. Shelton if Mr. Haines has taken care of all of the complaints and MR. SHELTON stated that he has taken care of all of those he has given him in writing which is seven. Mayor Junker made reference to two others which will have to be corrected in the spring as there are yards that were damaged on Myrtle Street when trees were dropped and Mr. Shelton made a note of this request. 2. COUNCILMAN HARRY PETERSON asked Mr. Shelton about the damage which was done to the City sidewalk by his place north of Pioneer Park and MR. SHELTON informed him that the City crews had done this damage and Mr. Peterson will have the sidewalk blocks which are broken removed to avoid any possible accidents. 3. MAYOR JUNKER informed the City Council that next Monday, December 10th at 12:30 there will be a meeting at the Lowell Inn with the Margaret Rivers Foundation and Pastor Johns and he requested that all plan to attend. 4. COUNCILMAN POWELL informed the Council that the City had received a check from Mr. Aiple in the amount of $2,200 rent for the barge terminal and he based his computation on the fact that he had contracted for salt to go over the dock last year, but that there was an explosion at the Morton Salt Plant down in Louisiana and it had to come from some other place and it came by rail. He felt that as long as he had made the contract and he felt that as long as we were concerned about the amount that was being paid he would then pay us that amount to improve the public relations - 5C for the first 1,000 tons and 40 per ton thereafter. Questions were raised about which year this was paid for and when the Finance Director checked this it was found that this was for the year 1979. There was some comment as to whether or not we should accept the check -the City Atrorney was asked what might happen. Mayor Junker and Councilman Powell met with him on Monday and MAYOR JUNKER stated that they mentioned the property on the north end down to the building and 300 feet further south that we would like to negotiate to use - - the property to the north of the building would have no room for a road there - there are the railroad tracks there and then there is steep embankments to the river and he stated that if the City would like that they could have it, but it is not worth anything - the building he asked, if it would be used for a roller rink for the kids and Mr. Aiple did not feel that it would be good for that. He does not want to give up any of the property there that he presently has because he says starting next spring there will be tonnage coming across the dock and he is cleaning up the phosphate from theasbestos building and he is going to store salt in there for the coming year. MR. MAGNUSON explained the lease which was for twenty years as the option - this is a forty year lease - these leases in the law are called "ground leases" and it authorizes and empowers the tenant to go in and erect improvements and buildings. At the end of the term of the lease the buildings are owned by the landlord - - -- there are a number of buildings in Stillwater like that (The Goodyear Building is on a ground lease). The banks give loans on property like that and there is security in the lease. This lease provides upon breach of the promise the landlord can cancel and annul the lease. One of the conditions of the lease is that he cause to operate and maintain a river terminal for the handling of commodities transported by water and the repair and maintenance of vessels used in connection therewith. That is the promise that he made. It provides that the promise is subject to perils, and other conditions beyond the control of the lessee. When Mr. Aiple met with the City, he said the reason that it was not operated as a terminal was that he could not make a profit at it - it was just beyond his control and explained the facts why he could not. Was there breach of the condition or if there was a breach was it beyond his control? If you get past that point, then you have the matter of these improvements - there is no way that we are going to break that lease because of violation of the conditions and have title to all of that property down there and the buildings. (continued on page 484) 483 • • • Mm • 484 QUESTIONS FROM PRESS REPRESENTATIVES None December 4, 1979 The court, in his estimation, provided that they find in our favor on the condition that we would have to pay him for the unamortized value of those improvements and he is convinced of that and it would cost the City a lot of money. He felt that if the City brought action to cancel the lease they would bring in a counter -claim for inadverse condemnation. To get the numbers straight the City should get that building appraised - look at the useful life of it - what is left - he would be convinced that the City would have to pay him for that - this is the legal point of view. He knew how Mr. Harry Peterson feels about this and did not like to be giving that sort of advice - he wanted to be certain in his advice as he spent the whole year working on the Nelson School and possibly he was not strong enough in the advice that he gave at that time and possibly that is why we are in it. It the City wants to spend a lot of money, they should go ahead, but if they think they can get if for little or no money, he thought they are mistaken. COUNCILMAN HARRY PETERSON stated that the building cost Mr. Aiple $25,000 accord- ing to the building permit that he had in 1958. It has not been operated profitably for at least a dozen years other than to ask for the value of the building as it stands what is his claim - is it anywhere bigger than th^ claim that Erickson put in for the piece of property that he has got with the foundation on it? MR. MAGNUSON stated that if the appraisers come in with the award, they said it would be $2.50 per square foot for that land and we would be obligated to pay them a fair market value - he did not feel that property is as valuable as the Erickson property for a number of reasons - access included, grade, etc. COUNCILMAN POWELL stated that assuming that he is going to move some commodities over the barge terminal, would we then be subject to this? - he says that he is going to this year. MR. MAGNUSON stated that by accepting his rent all along, even though he might not have been performing to the City's standards, he felt that it amounts to condemnation - if the City allows him to pay more than that you are agreeing that he is operating a facility there that is certainly condemnation. He stated Council Council dcancelwthehlease, want to this - the theche k. COUNCILMAN HARRY PETERSON suggested that the City accept the check even though it might represent the advance payment of $1,000 for 1980, but he was sure that it did not. MR. MAGNUSON stated that there is a promise in the lease that he performs and he felt chat there should be pressure on him to perform. COUNCILMAN HARRY PETERSON was concerned about the fact that he leases City property, he pays no real estate taxes on any of the buildinhs down there and wondered if that was correct and MR. MAGNUSON stated that then= should be tax on the building that is sitting on the land and that will be checked out. MAYOR JUNKER stated there are two things that should be check out - what the check is for and that there are taxes on the building itself. 5. COUNCILMAN HARRY PETERSON asked that none of the Commission appointments be made until the Council has had time to discuss them since he has some recommendations. ORDINANCES First Reading - Ordinance Amending Ordinance Nos. 368 and 560 Sewer Service Charges r 1 tl RI e 0 • • • r December 4, 1979 RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. $885,000 Bond Sale (Local Improvements) 3. $330,000 Bond Sale (Equipment) 4. Employ Dale Hartwig for the Arena - Skate Guard 5. Set Hours for the Lift Bridge ADJOURNMENT On motion of Councilman Powell, seconded by Councilwonan Bodlovick, the meeting adjourned at 10:20 P. M. Attest: d1.�— I Lie. City Clerk Mayor 485 • • • • •