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HomeMy WebLinkAbout1980-11-18 CC MIN• .K2 • • COUNCIL CHAMBER Stillwater, Minnesota REGULAR MEETING The meeting was called to order by Mayor Junker. Present: Councilwoman Bodlovick, Councilmen Harry Pdterson, Roger Peterson, Powell and Mayor Junker Absent: Also Present: Press: Citizens: INDIVIDUALS AND DELEGATIONS None PUBLIC SAFETY None None November 18, 1980 4:00 P. M. None Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Public Safety Director, Abrahamson; Superintendent of Public Works, Shelton; Director of Parka and Recreation, Blekum; Building Official, Zepper; Fire Chief, Chial; Consulting Engineers, Elliott and Moore Brad MacDonald - Barbara Avise COtMfITTEE REPORTS FIRE CHIEF 1. MR. CHIAL reported that he has three applications for replacement of a fireman in his department - Paul Glaser, Bernie Peltier and possibly David Reichow and questioned the procedure that should be used in hiring this replacement. There was discussion about the teat that was given for this position and whether or not it would be proper to fill this position without advertising. MR. MAGNUSON stated that the Council has the power to hire anybody - have the power to hire somebody for a promotion within without making it widely known that there is a vacancy but when they do it exposes themselves to a liability and this would be a personal liability which would be a violation of the Civil Rights Act or violation of some statutory duty or with the hiring practices - along with the power comes the potential liability. In each of these cases it is the pattern that they establish that is important - if you have a pattern of promoting from within - the pattern of not giving the same teat to the people - the type of the test would be important because the person from White Bear could not understand, then you would obviously be discriminating against that person. The problem is not particular to either to policemen or firemen, the school districts have had difficulty with discriminating against women in the cafeterias because of discriminatory paying practices - the same applies to any form of government and this is especially true in the police and fire departments and some of these jobs are desirable for women. You publish and make it widely know that is evidence that you could care, but then if you do not give any objective test and you base it all on oral interview, then you might be subject to being discriminatory and also the final decision that the Council makes for the position. MR. CHIAL indicated that they are seeking a Firefighter- Engineer -Drive he has to be able to drive and operate a fire truck to fill this position. COUNCILMAN HARRY PETERSON suggested that these applicants be interviewed by a panel of Fire Chiefs and that they make a recommendation to the Council. MR. ABRAHAMSON indicated that the State does have a test available for this position and the Mayor directed that Mr. Kriesel check into this and advertise in the meantime for a DriveaEngineer unless the Council wishes to go through the list of Volunteers to pick someone who is a good fireman. The decision was to advertise and this was agreeable to the Fire Chief. i I IMO • • • • • ■ • .J • November 18, 1980 BUILDING OFFICIAL 1. MR. ZEPPER brought to the Council's attention a one foot variance for Tom Grove at 1803 West Pine Street and he has talked to his neighbors and they do not object and it is possible that he will be in this evening and he did not feel that there will be a problem and the Council concurred. (variance to the south of the home for an addition). 2. MR. ZEPPER questioned the construction of the Immuno Nuclear building which is in the Township and how the City can issue revenue bonds and there was discussion that they are in the process of petitioning for annexation to the City of Shciwater. COUNCILWOMAN BODLOVICK indicated that the Joint Powers is allowing this to be a minor subdivision for the three acre - this piece of property cannot be further subdivided with a plat being filed - they have been instructed to file a petition for annexation. MR. MAGNUSON stated that they are preparing a petition for annexation, but the City can issue revenue bonds either within or without the City so that is no problem. We have not seen the paper for annexation as yet. We have to make sure that this complies with the Orderly Annexation Agreement - if it is done pursuant to that then the Township will not oppose it - there will be no need for a hearing - it will come right in. It it is annexed by ordinance and there is a hearing and the Township objects, and that could take about a year - if the Orderly Annexation Agreement is followed, then it says that property that is developed or about to be developed or if the property owner requests it, then the Township will not oppose it. Their attorney, Mr. Raleigh, has indicated that they fully intend to PM do this. He did not feel that we should turn down the bonding because of this 1• MR. KRIESEL stated that they have paid the assessments on this property up to date - the City received a check for $40,000 yesterday. A question was raised to what would happen if they did not petition or if they withdrew their petition, would the City be bound to allow them to hookup to the City sewer and water and MR. MAGNUSON stated that the Metro Waste Commission could take jurisdiction and make the City do it - if they get the go ahead on the basis of the promise to petition, they would be bound to that promise. There was a previous petition and the buyer backed out and there are new principals and buyers for this business. MR. ZEPPER questioned who will collect the fees and do the inspecting and following considerable discussion it was agreeable to have the County issue the permits and do the inspecting even though that they will become a part of the City. Wig PUBLIC WORKS 1. M. SHELTON stated that he received a request from Jack Lux for street lights for his development, and according to the ordinance he should put them in There is also a request for lights in the Industrial Park by the Racquetball Court. He has received a q.:_ation from Northern States for the different types of lighting, the ornamental and the standard. MR. ELLIOTT felt that the City should consider a lighting plan for the Industrial Park and that they be assessed and it would be a very nominal assessment and the cost of the engineering would not be too great - develop a master plan and put in a part of it - Cub Market, and Northwestern Bank have done their own lighting and Perkins have done their own for their parking lots - these are for street lighting. MR. SHELTON was directed to inform Mr. Lux that it is the developer's responsibility to install the polies and lights and the City will take care of them. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council instructed the Engineer to prepare a lighting plan for the Industrial Park. (all in favor) 2. MR. SHELTON reported to the Council that there is a membrane type of covering to keep the sod in place and there are kids out there carrying it and next spring they will be back there doing the same thing. (Edgewood Ditch) On motion of Councilman Roger Peter raconded by Councilwoman Bodlovick, Mr. Shelton or Mr. Kriesel was directed to ... . letter to residents in the area (a form type letter notice to the property i,..:- .$) along Edgewood Ditch asking their cooperation in keeping the kids from destroying the sod. (all in favor) 3. MR. SHELTON reported to the Council the problems with the Willard Street stairs and asking permission to get quotes for the repair of the stairs and the railings (he will ger quotes from Mr. Roettger and Mr. Jackson and see if they can get this work done this year). 275 0 • • • 1 1 • • • ;'276 November 18, 1980 4. MR. SHELTON repated to the Council the problems with several excavations that Mr. Bordon has made in the streets making water repairs and connections which have not been filled in and Mr.BOrden is out of town for an extended period of time. Questions were raised as to who ordered this work and the liability for same and the final conclusion was that the people ordered the work done and not the Water Department. COUNCILMAN POWELL made a motion that the Finance Officer consult with the Water Board and find out where they staxdand what obligation they have in this particular instance and we will do the work and Mr. Borden's license will be taken under consideration until he pays for same. (There was no second to this motion and it was withdrawn) On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Director of Public Works was instrudad to fill in the holes in the streets in question and compusta cost for each of them and we will bill Mr. Borden for these and in the meantime Mr. Kriesel is to check Mr. Borden's bond and check to see if the people have paid him for this work which will have a bearing on the issuance of another license. (all in favor) 5. MR. SHELTON stated that he had a request from the Police Department to remove two meters (parking) on Olive Street -on the south side just west of Union Alley and place no parking between the entrance going into the building center's garage and the alley -- there are trucks that are having difficulty in backing into the Valley Coop and they are having fender benders with these cars. COUNCILMAN HARRY PETERSON felt that all we are doing here is creating a couple of loading zones that are used just a couple of times per week and did not feel that we should take out two meters to accommodate a truck that comes there occasionally. After considerable discussion, the Council decided not to grant this request. 6. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council authorized a "Loading Zone 8.00 A. M. to Noon" sign on Second Street by Kinsel's Liquor Store. (all in favor) PARKS AND RECREATION MR. BLEKUM asked the Council what they plan to do about the warming house for the Ramsey -Grove skating rink and if they plan to put same in the budget for next year. He was instructed to put same in the budget for 1981. (It will take about $3,000 to light the park and put the warming house in shape and then there will have to be money in the budget for a caretaker). CONSULTING ENGINEER'S REPORT 1. There was same brief discussion relative to the reappointment of the assessments against the parcel on which PRESS On is located which has been sub - divided into three lots which was a total of $48,546.74 which will be divided between the three lots. MR. KRIESEL stated that he had another sheet to go with what Mr. Elliott and he asked that the action be delayed until the 7:30 P. M. eating on this matter. 2. MR. MOORE reported to the Council on the Lily Lake pumping station and piping and the problems with the easements, and the possible alternate route. MR. KRIESEL reported that they met with Dr. Nelson and they agreed that each party would secure an appraisal and the City's came in at $4,000 and Dr. Nelson's appraiser did not have a chance to send in his appraisal and he was talking about twelve to fifteen thousand and he stated that Dr. Nelson might be here at the 7:30 meeting. He told him that the Council would have to take a look at the other options. MR. MOORE explained the alternate route through Mr. Jagusch's property and he has talked to the contractor about changing the route - the only thing that he could see that there would be a great increase in the conduit to the building and he could not see any big problem - if the manhole was reduced in size he could return the one that is out there and that cost would be washed out. The maximum that the contractor could see was $2,000 with this route. There would be the replacement of approximately ten trees and he talked to Dick Blekum about removing the trees and setting them aside and the City's three spade is not large enough. He called Minnesota Valley and their quote was about $3,000. He plans to talk to Mr. Jagusch about removing the trees and replacing them with other trees - there is a contracting price of clearing the grounds by the acre - one tree is one -tenth of an acre- this would be $240.00 per tree ($120 for clearing -$120 for grubbing) if the contractor did it, so there would be a maximum cost to the contractor of $2,000 which would bring the cost up to $5,000 and the Council was agreeable to go that route and get the project done. r MINIM • • • 1 • p • • November 18, 1980 OM CITY ATTORNEY 1. MR. MAGNUSON reported that he just talked to Don Raleigh on the telephone and he was waiting for some re- apportionment of assessments which he received yesterday and they will petition to come in - there is on concern on the building permit fees and the Council direction that the County take the fees and that they do the inspection. 2. COUNCILMAN POWELL brought up the matter of asking the legislators for additional liquor licenses for the Industrial Park area since this was defeated at the recent election. MR. MAGNUSON stated that cities of the Third Class are entitled to 12 licenses and we are a City of the Third Class - our population makes us one - he felt that possibly that if the Chamber of Commerce was behind this that possibly with some publicity this issue would have passed in the last election. There was discussion about what could be done for better publicity on this issue and indicated why this was needed were known some of them might have voted the other way. I It was felt that if the Chamber wants this and they want a special election they should pay for it and do the advertising. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the City request the legislators to seek special legislation for liquor licenses for the City of Stillwater. (all in favor) 3. MR. MAGNUSON reported that Judge Tomljanovich turned down the Township's motion for a temporary restraining order to proceed with the Johnson Development. 4. MR. MAGNUSON reported that in the Firemen's Arbitration case the City brief was sub- mitted to Judge Thoreen on Monday and after some papers are submitted, then they will have to wait for the judge to make a decision on this matter. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Consulting Engineer was instructed along with the City Attorney to meet with Mr. Jagusch with the idea of taking the alternative route for the laying of the pipe for the pumping of Lily Lake. (all in favor) 3. MR. MOORE reported that the new parking lot lights are in - the covers are missing and he will call LPD to ask them to put them in right away so that the kids do not get in there and get hurt. 4. MR. MOORE presented the proposed plat of the Deerpath Addition to the Council which is the Reiss property on West Olive Street (the old Rivard property) - he felt that this was a good utilization and he explained one sewer problem grading and he has discussed this with Bruce Folz - there are 30 single family lots. He is requesting a feasibility study of the storm water ponding areas and the Council felt that the ponding area should be donated which is a natural - it is an outlot shown on the plat, and it can be either dedicated by covenants or by either stating that when the preliminary approval is given and that be a part of the plat approval. MR. MOORE indicated that the other thing that the Council should be concerned about is the lift station at Echo Lane - there is enough capacity at the present time to handle these 30 homes, but if more are added they would have to make some changes and he had checked with the manufacturer and he could change the pellers on the station which would increase the capacity. He will submit a cover letter to the Planning Commission on his review of the proposed plat. 5. MR. MOORE reported that the Feely Development is moving along very rapidly - Arcon had completed the utilities on Industrial Blvd., they are going to grade it tomorrow so the Feely's will have access for the winter on Industrial Blvd. - the utilities on Curve Crest should be completed in about two weeks and the intention is to get that graveled so that Charter Oaks will have an a -cess. CITY COORDINATOR'S REPORT 1. MR. KRIESEL reported to the Council that Don Harstad has some parking meters for sale - they are used and they would be $25.00 each which includes the case, mechanism and the dials and we are in need of well over 100 meters that could be replaced by these meters - the normal cost of new meters is around $105.00. On motion of Councilman Roger Peterson, seconded by Councilman Powell, that the City purchase fifty (50) of these used meters at a cost of $25.00 each. (all in favor) 277 • • • s • 1 1 f 78 • Attest: oC�w- .- CCt Citf Clerk November 18, 1980 2, MR. KRIESEL posed several questions to the Council regarding the hiring of a theepayafor explained the position which possible under this contract - theostar regarding starting salary ss more than the starting salaries for the other people in this contract - the Council felt that if after three months they feel this is good and they will keep this person, then they will negotiate the salary for this position. This is part public relations and part for writing tickets - winding of metrs and regular police officers about dothe not� have the tickets to that write thesebeen written tickets at the present time This will not be a Community Service Officer position and Mr. Abrahamson stated that the $750.00 per month is less than they are paying in two other communities that he has checked on. They indicated that if there is anyone in the current union that makes less than this amount, they can apply for the position to make this additional salary. These applicants have been told that they will be working downtown - not in a squad car - not in a store - downtown and of they do not do this, then they will go down the road. The Council directed that this be charged to the Parking Meter Fund. MR. ABRAHAMSON stated that he has two candidates for this position and asked how the Council wanted to work the hiring process and if they wished to interview each of them. (There is a Mr. Binkley and Renee Campeau). and bbrringing8up asked if this that person eed would be involved but Mr. the stated meters that they will be winding the meters and writing of tickets, parking tickets and going in and out of stores that have problems or helping old people to get across the street - no way is he or she to be involved in the repair of the meters - that will be Conley's job and John Lawson's. 3. MR. KRIESEL asked about a meeting with AFSCME and they concurred on the date of December 10, 1980 at 5:00 P. M. 4. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized the Mayor and the City Clerk to sign the agreement with DeLaHunt & Voto for the 1980 financial audit for the City of Stliwater. AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson and Roger Peterson NAYS -- Councilman Powell ABSTAINED- -Mayor Junker did not indicate a vote (motion carried) do (There but discussion local for for another - at least - there was only one other proposal received for the 1980 audit) 5. On motion of Councilman Roger Peterson, seconded by Councilman Powell,the ('Council authorized the payment of the assessment of $5,968 for the construction of the new League of Minnesota Cities building over a five year period with the possibility of paying it off sooner. (all in favor) 6. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Finance Director /Coordinator was authorized to prepare the specs for the new computer type of bookkeeping uystem (all in favor) On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the meeting recessed at 5:50 P. M. until 7:30 P. M. ned-, Mayor r rw •1 • • a • • • 1 7 • • • 1 r PIE COUNCIL CHAMBERS Stillwater, Minnesota Novembe' 18, 1980 7:30 P. M. RECESSED MEETING The meeting was reconvened by Mayor Junker. The Invocation was given by the City Clerk. Present: Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson and Powell and Mayor Junker Absent: None Also Present: Finance Director - Coordinator, Kriesel City Clerk - Schnell City Attorney - Magnuson Consulting Engineer - Moore Press: Julie Edstrom - Free Press Citizens: Barbara Avise, Brad MacDonald, Michael Armajani, Dr. Duane Nelson, Ed Cain, Bud Jagusch, David Swanson, Jeff Iverson, John Ritter INDIVIDUALS & DELEGATIONS None PETITIONS None PUBLIC HEARINGS This was the day and time tor the puoiic nearing for the Issuance of Industrial Development Revenue Bonds for the Immuno Nuclear Corporation Project. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City and the St. Paul Dispatch on October 29, 1980. The Mayor opened the hearing. MR. MICHAEL ARMJANI, an officer of Immuno Nuclear Corporation explained their proposed project - they manufacture health equipment - medical supplies and they will be utilizing the solar energy system in its construdtion - they employ 35 people most of whom are from Stillwater and they could employ another 30 before the end of the first year. COUNCILMAN ROGER PETERSON indicated that the Council had discussion at the 4 o'clock meeting with the problem with th.: fact that the property is not a part of the City presently and he would like to see any approval made on the bonds contingent on the fact that we receive a petition for the annexation of this csm property. These Industrial Revenue Bonds, for the record, are not a liability of the City and in no way at any time would we have to levy to make any bond payments and this was confirmed by the Finance Director /Coordinator. MAYOR JUNKER felt that if the other nine acres is not ready to be developed or ready to petition to come in, we whould not hold up Immuno Nuclear if their paition is here tomorrow. THE MAYOR CLOSED THE HEARING. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced "GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT: REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL: AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS ", subject to the presentation of their petition for their development area. AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) UNFINISHED BUSINESS 1. The matter of the street lights on Northwestern Avenue in the INdustrial Park was taken care of at 4:00 P. M. meeting. 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the City Attorney made the second reading of an ordinance entitled "AN ORDINANCE ESTABLISHING BUILDING MOVING REGULATIONS WITHIN THE CITY OF STILLWATER ". 27 • • • • 1 e 7 280 • The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirmative. The chair then put the question, "Shall this ordinance pass ?" and on roll call the ordinance was unanimously adopted. (Ordinance No. 589) NEW BUSINESS 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a License Bond in the amount of $5,000 was approved for Galaxy Mechanical Contractors, Inc. 1308 - 113th Avenue N. E., Minneapolis, Mn. 55434. (all in favor) 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council accepted the following Canvass of the City Elections held on November 4, 1980: FOR COUNCIL - barbara Avise Walter Carlson James Gannon Brad MacDonald November 18, 1980 2,350 1,660 2,090 3,265 (Barbara Avise and Brad MacDonald are the newly elected members to the City Council) Additional On Sale Liquor Licenses - "Shall the City Council be allowed to issue 3 on sale licenses for the sale of intoxicating liquor at retail in addition to the number now permitted by law ?" Yes 2,465 No 2,883 No votes 778 Total Ballots Cast 6,126 (all in favor) 3. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS" AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) INDIVIDUALS & DELEGATIONS - continued MR. BUD JAGUSCH, 525 South Brick Street, appeared before the Council relative to the alternate route for the pumping of Lily Lake by running the pipe across his property and Schoenborn's and bring it over to the public access which he had discussed with the engineer. MR. MOORE stated that this is the route that was talked about before and then Mr. Moore stated that he and Mr. Kriesel had discussed it before and not with the Council and this would be another alternative from that which Mr. Moore discussed with the Council at the 4:00 P. M. meeting. MR. MOORE stated that he did not know what the ramifications would be from ground water if this route was used and it could increase the pumping heeds for the pump and he would have to look for a larger pump - it is substantially changing the plans and the contractor could ask for a change order and increase the price. MR. MOORE explained the various routes proposed with the use of maps and right now the pump is operating at 717. efficiency which is quite high on the curve and if they start increasing the friction losses and the pumping gear goes out and the efficiency reduces they may have to go to change the pellers and the would be getting into a different design than what was originally proposed on the project. Olive Street is the high point and they have actually two friction losses because they are pumping against the head and there are also friction losses going the other direction. Questions were asked about elevations and MR. MOORE had not had a chance to check these out and could not answer their questions. Dr. Nelson indicated that he was in favor of the second alternative which would go over the Jagusch and Schoenborn properties. MAYOR JUNKER stated that there would be more liability this way and that would not be feasible. MR. MOORE reviewed the various plans with the Council and the location of the lift station and the pipe locations. Mr. Jagusch had already agreed to an easement for the structure at the given location. He would be in agreement with this alternative with certain stipulations which would be incorporated into the easement - replacing trees, landscaping the lower area which would have had to be done on the original plan. Mr. Jagusch also did indicate that he would like a fence along the one location and there are some details that he would like incorporated in the easement that he did not feel were unfair. r d PI to • • • • • • 1 1 • • November 18, 1980 MR. JAGUSCH would be agreeable to let the work proceed if some of the fine ow points were put in writing and he would like to be treated fairly just like the others. MR. MOORE stated that he did tell Mr. Jagusch that the City would be willing to plant some shrubbery around the station and if after it is installed if the landscaping wasn't to his liking then we could come back and change it to what- ever he wanted - it is possible to change a part of the route so that some of the trees could be saved. It is unfortunate that they have to take out the larger trees on the shoreline. Mr. Jagusch would like to be treated equally with Dr. Nelson - he would like to be offered the same as we offered him. MAYOR JUNEER asked Mr. Jagusuch if he was aware that the City had offered Dr. Nelson $1,500 and asked him if he would be agreeable to the same and Mr. Jagusch felt that was more than fair. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council directed that the City Attorney, Mr. Moore and Mr. Jagusch should meet and put these items that he has agreed to in writing and all considerations that were discussed with the Council including the $1,500 payment for the easement. COUNCILMAN HARRY PETERSON amended the motion to make the indemnity to Mr. Jagusch $2,000 which was seconded by Councilman Roger Peterson. (Councilman Harry Peterson explained that we have run into a situation that we are trying to maintain some lake levels and it is going to be advantageous to all property owners around that lake and the users of the lake - we have run into some real resistance to getting our leveling process into gear here and we have wasted an unusual amount of time - we have now found a public spirited 1 citizen who says that we can come in and take down the trees to get this thing through and it was his feeling that you offer this type of a person, if there is going to be any monetary indemnity a larger amount than you offered someone who resisted the efforts to get the project done two weeks ago.) COUNCILMAN POWELL stated that being entrusted with the City's funds he felt that it would be inappropriate to go that extent - the gesture is good and Mr. Jagusch probably deserves it, but the original offer was $1,500 and he felt that we should stick to that and let Mr. Jagusch know that we do appreciate the public spiritedness. COUNCILMAN ROGER PETERSON agreed with Mr. Peterson and if we had gone on the original route and gone through what appeared to be nothing but legal hassels he felt that we would have probably spent more and on the basis of Mr. Jagusch's nothing but cooperation with the City he was in favor of Harry's motion to amend the original motion. VORE ON THE AMENDMENT- Ayes -- Councilwoman Bodlovick, Councilmen Harry Peterson and Roger Peterson Nays -- Councilman Powell (The Mayor did not vote) (amendment carried) VOTE ON THE MOTION - AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (motion carried) !i 1Bi: MOORE asked about getting a "right of trespass" to continue with the project NO until the proper easements are written up for the project and the Council felt that this should be resolved between Mr. Moore, Mr. Jagusch and Mr. Magnuson to arrange these details. w APPLICATIONS On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council approved the following Contractor's Licenses: (all in favor) Contemporary Craftsman, Inc. 5412 Eagle Street, White Bear Lake 55110 General Construction "70 ", Inc. 1430 W. County Road C., St. Paul 55113 General Galaxy Mechanical Contractor, Inc. 1308 - 113th Ave. N. E., Blaine 55434 Excavator LeRoy Lommel Construction Co. 1313 Roosevelt Rd., St. Cloud, Mn. 56301 Masonry & Brick Work Jack Meeds Construction 16675 Norell Avenue N., Marine, Mn. 55047 Masonry & Brick Work New New New Nec Renewal 281 . • • • • i 1 • e (282 November 18, 1980 OFF SALE LIQUOR On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the following "Off Sale Liquor Licenses were approved for 1981 together with bonds and insurance: J. L. H., Inc. (John's Bar) 302 South Main St., Stillwater Renewal Kinsel's, Inc. Second and Chestnut Street, Stillwater Renewal Lowell Inn, Inc. 102 North Second Street, Stillwater Renewal Meister Corporation 112 North Main Street, Stillwater Renewal (all in favor) CLUB ON SALE LIQUOR On motion of Councilman Powell, seconded by Councilman Harry Peterson, the Council approved the following "CLUB ON SALE LIQUOR" Licenses: (all in favor) (and also insurance) American Legion Post No. 48 103 South Third Street, Stillwater Fraternal Order of Eagles #94 227 S. Main Street, Stillwater Stillwater Country Club North Fourth Street, Stillwater Stillwater Elks Lodge #179 - B. P. 0. E. 110 South Main Street, Stillwater Renewal Renewal Renewal Renewal ON SALE WINE On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the following ON SALE WINE license was approved together with insurance: (all in favor) J. Lamont Brine c/o Brine, Inc. 219 South Main Street, Stillwater Renewal COMMUNICATIONS From the Christmas 1980 Stillwater Downtown Retail Council requesting free parking for the Christmas Season - December 4th through December 25h. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized free parking, both on and off street as part of showing our Christmas spirit, from Thursday, December 11, 1980 thru Christmas Day. (all in favor) CITY CLERK'S REPORT W 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "PROVIDING FOR THE ISSUANCE AND SALE OF $350,000 GENERAL OBLIGATION BONDS OF 1981" (Bids returnable December 16, 1980 at 7:30 P. M.) AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) (This is for Improvements No. 181 balance and Local Improvement Nos. 185, 186 and 188). 2. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introduced "AMENDING RESOLUTION NO. 6865" (Changing the hearing date for Local Improvement No. 187 to December 16, 1980 at 7:30 P. M.) AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) CITY COORDINATOR'S REPORT (continued) 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the assessment reapportionment for Outlot C for the Croixwood Sixth Addition was accepted as follows: • • 0 • • P5 • e Oak November 18, 1980 • ORIGINAL DESCRIBED PROPERTY ORIGINAL ASSESSMENT Local Improvement No. 173 - Outlot C APORTIONMENT New Described Property Tract A Tract B Tract C 2. MR. MAGNUSON stated that Mr. Kriesel received a letter from James Lammers today indicating that pursuant to previous discussion with Mr. Kriesel and Mr. Magnuson it was Mr. Lammers' understanding that the City can act upon a request for the approval of a minor subdivision in the Joint Powers area and he hoped that he had not misled Mr. Lammers on this, as it is not possible for the City to do that as the Joint Powers Agreement provides that exclusive jurisdiction over the zoning and subdivision approval is within the Joint Powers District This relates to Lot 1 and 2 of the Feely Addition. This had been agreed to by the Council with Orville Madsen but the members of our Council will have to inform the Joint Powers that the City is in favor of this action. - - -- On motion of Councilman Powell, seconded by Councilman Roger Peterson, the members of the Joint Powers Commission were instructed to recommend the approval of the resubdivision of Lots 1 and 2 of Block 3 in the Feely Addition. (all in favor) - - -- On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council approved the reapportionment of the assessments for the Feely Addition as follows, subject to the approval of the action by Joint Powers: (all in favor) FEELY'S ADDITION Original Accrued Interest Balance Described Original 10/78 10/79 10 /80 Property Assessment Apportionment 10/79 10/80 10 /81 11/18/80 L. I. 129 -1 Lot 1,Blk. Lot 2,Blk. 3 $ 624.57 3 693.51 L.I. 157 - Lot 1,B1k.3 Lot 2,B1k.3 1,805.34 (1,805.34) L. I. 171 - Lot 1,111k.3 2,460.11 392.19 Lot 2,B1k.3 2,727.51 (392.19) Total $19,635.44 Recap of Total Due Lot 1,131k.3 14,409.08 Lot 2,131k.3 5.226.36 Total $19,635.44 ORIGINAL DESCRIBED PROPERTY BALANCE 08- 9032 -1944 08- 9032 -1943 08- 9032 -1942 (all in favor) 11,324.40 1,805.34 1,043.82 853.43 15,026.99 $ 1,895.63 365.82 439.72 Totals $ 2,701.17 $ 99.79 $ 48.81 (99.79) 2,297.32 (2,297.32) Trunk Sanitary Sewer TOTAL TO BE APPORTIONED $9,513.99 $9,513.99 $ 39.84 40.00 32.65 $ 36,236.06 6,992.92 8,405.63 $ 51,634.61 $ 705.69 417.96 417.96 $3,088.8 2,947.62 4— $§ $ 852.85 32.65 699.02 $ 39.84 $ 88.81 $1,116.31 $1,383.08 $22,223.64 48.81 1,083.66 1,144.63 18,983.50 40.00 32.65 238.45 3 240.14 $88.81 $1 116.31 $1,383.08 $22.223.64 3. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the assessment reapportionment for the Bud Kern Addition were approved as follows: ASSESSMENT BALANCE (129 -1) Streets & Services Utilities (continued on the next page) 251.36 3,103.66 205.80 2,541.12 Total $38,837.38 7,776.70 9,263.31 $1,541.61 $55,877.39 283 ' a • • c • 08- 9120 -2000 08- 9210 -2050 08- 9210 -2100 08- 9210 -2150 08- 9210 -2200 $ 606.91 713.32 575.40 365.82 439.72 (all in favor) $2,701.17 November 18, 1980 Apportionment New Described Trunk Streets & Property Sanitary Sewer Utilities $ 11,601.56 13,635.61 10,998.89 6,992.92 8,405.63 Services Total p $ 12,208.47 14,348.93 705.69 12,279.98 417.96 7,776.70 417.96 9,263.31 $51,634.61 $1,541.61 $55,877.39 4. MR. KRIESEL informed the Council that he received a communication from the Waste Management Board relative to the public hearing to be held on December 4, 1980 at the Stillwater Senior High School and also requesting the name of a member to serve on the Hazardous Waste Management Board which will try to locate some sites for this type of material. There was a motion and second which was withdrawn which named Councilwoman Bodlovick and Councilman Harry Peterson to attend these meetings and serve on this board. Mr. Kriegel indicated that he would attend this first meeting and that they would be looking for someone to attend these meetings in the future. UNFINISHED BUSINESS There was discussion regarding the filling of the vacancy in the Police Department. COUNCILWOMAN BODLOVICK asked if the Administrative Committee came up with final conclusions or decisions and the reply was "no ". COUNCILMAN HARRY PETERSON indicated that he did not sit in on all of the interviews - sat in on the second day of the interviews and then there was another meeting on this last evening - there were seven candidates - three of them he did not rate and the list of candidates is narrowed down to Judith Munch, a man by the name of Garey, a man by the name of Okaberg - he felt that this is an issue that is going to have to be resolved and there is nothing to be gained by postponing a decision and he proposed a resolution to propose the hiring of Judith Much as a police officer for the City of Stillwater on the basis that she ranked number one on the selection process, ranked highest on the written examination and she ranked fairly high on the oral interview which he did not participate in. COUNCILMAN POWELL seconded the motion. COUNCILMAN ROGER PETERSON asked the question where these names came from and COUNCIL- WOMAN BODLOVICK responded that they came from the board - they sent ten names that were rated the highest on this. COUNCILMAN ROGER PETERSON asked the City Attorney - could we not advertise for a police officer - place an ad in the paper or League magazine requesting applications for a police officer requiring that they meet whatever requirements are set forth by the state, and the City Attorney responded that they certainly could. COUNCILMAN ROGER PETERSON asked if they could then make a selection from this list of applicants after they are interviewed rather from a list submitted to them by a Board in the cities. MR. MAGNUSON stated that the Council has to avoid discrimination - develop some fair criteria to judge the people that apply - there should be something other than an oral interview. COUNCILMAN POWELL felt that if the Board gave the City a list of names and through the tests that were given - there is one who has received the highest score and he felt that is the reasonable person to hire. COUNCILWOMAN BODLOVICK stated that the City did not do the testing at all - they just did the interviews. We can hire off this list or we can hire others - we are not forced to hire through them. COUNCILMAN HARRY PETERSON stated that we are dealing with a list of people and his proposed resolution is to hire the one that eneded up number one on the list - he was impressed with at least one other person if not more than came before the Board - we do have a six months' probation to which the officer is subject and during that time dismissal is possible if the person does not meet the standards that are expected. COUNCILMAN POWELL stated by advertising for a policeman, you are apt to find some- body who is dissatisfied where he is at - he could conceivably be a misfit or maybe he just wants to live in Stillwater - these other people are not policemen at this point and time - they want to be - they are certified to be and he felt that is a recommendation for hiring somebody that has been approved by this board. 1_i • • • 1 4 • • November 18, 1980 COUNCILMAN ROGER PETERSON felt that this is a feeble reason as far as someone who wants to come to Stillwater • . • Peterson and Powell NAYS -- Councilwomen Bodlovick, Councilman Roger Peterson VOTE ON THE MOTION AYES -- Councilmen Harry and Mayor Junker (motion defeated) On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized olice of ficerrwithpwb ateverfqualificationsyareorequired to lic advertise for a p to be licensed or eligible to be licensed. for here are DISCUSSION ON THE MOTION, -- roblems that they are asking COUNCILMAN HARRY PETERSON felt that the p wing for cereeare is goin to be and the testing g - we are going to have some is troubles in setting ec to use some mechanism, weh o order to e oral interview a portunity in meth the hanism do the proper screening - felt that were missing professional screeners here e through this s board that has p rovided the City list. testa before for this - COUNCILMAN ROGER PETERSON indicated that we have set up Roger we can only use our best j gm ca Councilman VOTE ON THE MOTION - -Ay Rog Peterson motion carried) ea __Councilwoman Bodlovick, Mayor Dunker Nays -- Councilmen Harry Peterson and Powell ( COUNCILWOMAN BODLOVICR suggested that they possibly could ask some outsiders to sit in on the interviews and this will be considered at a later r date. preferably if te. HARRY PETERSON suggested that these be neutral parties be from some other COUNCILMAN police officers not be fromSto 1w tlect. c omet nit eoo don t have the p e communities to that y ORDINANCES Second Reading - Ordinance No. 589 -House Moving tad: RESOLUTIONS The following resolutions were read and on roll call were unanimously adop 1. Directing the Payment of the Bills. 2. Providing for the Issuance & Sale of $350,000 General Obligation Bonds of 1981. p roval for the Bonds for the l�nf uclefrxProjec Improvement 3. preliminary pP the hearing y, Amending Resolution No. 6865 1980)nging No. . to 187 to December 16. 6, ADJOURNMENT seconded by Councilman Powt .1, the On motion of Councilman Roger Peterson, meeting adjourned at 9:00 P. M. Attest: e_ y Clerk 28� • • • • •