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1967-01-10 - 1967-12-26 CC MIN
:307 • Council Chamber Stillwater, Minnesota Regular Meeting January 10, 1967 7:30 P. M. The Meeting was called to order Iby President Charlsen. Opening prayer by the City Clerk:, Present: Councilmen Iverson, No.:Lde, Peterson, Absent: None Powell, and President Charlsen. On motion of Councilman Powell, :seconded by Councilman Nolde, minutes of the following meetings were approvedh Regular Meeting Special Meeting Special Meeting Regular Meeting Special Meeting Special Meeting Special Meeting Special Nesting Special Nesting Special Meeting Special Meeting Regular Meeting Special Meeting Special Meeting Special Meeting Regular Meeting Special Meeting Special Meeting Special Meeting Regular Meeting :Special Meeting Special Meeting Regular. Meeting Special Meeting Special Meeting Special Meeting Special Meeting Special Meeting Special Meeting July 12, 1966 July 20, 1966 August 2, 1966 August 9, 1966 August 10, 1966 August 10. 1966 August 10, 1966 August 23, 1966 August 24, 1966 August 30, 1966 September 1. 1966 September 6, 1966 September 15, 1966 September 15, 1966 September 27, 1966 October 11, 1966 November 3, 1966 November 7, 1966 November 10, 1966 November 10, 1966 November 17, 1966 November 28. 1966 December 6, 1966 December 9, 1966 December 12, 1966 December 20, 1966 December 21, 1966 December 23. 1966 December 30, 1966 4:30 P. M. 400 P. M. 4:33 P. M. 4:30 P. M. 2:00 P. M. 4:30 P. M. 4:30 P. M. 4:30 P. N. 4:30 P. M. 4:30 P. M. 7:30 P. M. 4:30 P. M. 10:00 A. M. 4:30 P. M. 8:00 P. M. 4:30 P. M. 3:30 P. M. 8:30 P. M. 10:30 A. M. 4:30 P. M. 11:30 A. M. 7:30 P. N. 7:30 P. N. 3:00 P. M. 4,00 P. M. 4:30 P. M. 4:30 P. M. 3:00 P. M. 1:00 P. M. Mayer Charlsen: Well, this ends my part of the meeting tonight. I would like to thank you. gentlemen, fors your cooperation - not only you on the Council, but all employees of the City of Stillwater - for their cooperation and efforts to make my job easier, and their ability to make my job . I appreciate all that everyone hams done in my behalf. I would like to thank the citizens of the city of Stillwater who cooperated with me - not 100% maybe - but thtoee people who worked on committees which I appointed them to. I hope in the future there will be many more people who will take an active interest in tthe City and attend the Council meetings; not once a year or every six months. but every regular meeting the Council has, to see how the City is operated aasu the problems that the Council has. They are governed by the State and Federal governments; your local representatives don't have the whole say on the ell eration of your local government; they have to abide by laws just like you or: I or anyone else on the street. Believe me, -pour councilmen have to abide: by the same laws. :3 W$ (January 10, 1967 - continued) r • we have with us tonight former Manor Ed Carlson who, twenty years ago at this time. was being made Mayor of Stillwater. To the new Mayor and Councilmen who are to be taking office tonight, I extend my heartiest congratulatitons and best wishes for the future. I hope you will have a little moree contact with the people in the City, and I hope you can get them intereseted in attending meetings. Also. you have my sympathies. You have a job coat out for your there will be many a night you will toss in your beds and wonder if you did what was right for the majority of the people. or :if you did something thawas wrong ng form e majority of the people. This iu: a responsibility yout have with you the whole time you area in office. We have a flag here which was poeesented to the City by Congressman Joe isrtve is �pwoornaanddlisysnot a over the starlin flag,asolI would likeflag to put now this new flag before I leave... (Mayor Charlsen, assisted bow City new Admflainistrator rat etBrower.n tanand Councilman Molds. placed Council Chamber) Mayor Charlton: This ends my diuties. Congratulations - I wish you the best of luck: (Mayor Charlsen received a standing ovation from all present as he left the platform - aftter fourteen years of service to the City as a councilman, and as mayor). Councilman Iverson: First of all, I want to compliment Ron and the street crew on the snow removal; they did an excellent job under the circumstances. Mayor Charlsen put the parting words very appropriately; the last four yeere spent on the Council Was very; stimulating for me. and I would like to wish the new Council the best of evesrything during the next four years. City Engineer: It has been a :singular honor for me to serve under Mayor Charlsen when he was councilman in charge of the Street Department for a few years, and then as Mayor. I regret that some of the things he attempted to do did not get done, but there are some things he did which will be here many years after we are gone, :thinks to him. I offer my regrets that he'is leaving. Officially, I say 'see long'• but unofficially, we will see you around. (The Administrator then resluested that Mayor Charlsen return to the platform) Administrator: This gavel wage purchased by the appointed city officials of the City of Stillwater and was presented to you on January S, 1963, and has been used by you continuously since that time. In your hand this gavel has opened and closed many important meetings - 191 to be exact. On be- half of the appointed city offficials• I hand you this gavel. h Wask sk that haat you keep it as a remembrance cog us and of the many pleasant es spent working together. AwOURNMSMr On motion of Councilman Pa:eli1, seconded by Councilman Molds, the meeting adjourned at 7:45 P. M. Attest: City Clerk Mayor • • 309 Council Chamber Stillwater, Minnesota Regular Adjourned Meeting January 10. 1967 7:45 P. M. The City Clerk administered the rpath of Office to Mayor -elect William Powell, and Councilmen -elect Myren Melstrom and George Wohlers, Jr. The meeting was called to order 'by President Powell. Present: Councilman Melstrom, Molds, Peterson, Wohlers, and President Powell. Absent: None On motion of Councilman Peterson, seconded by Councilman Molds, the Oath of Office of Mayor Powell was accepted and ordered filed. On lotion of Councilman Peterson, seconded by Councilman Molds, the Oath of Office of Councilman Melstrom wars accepted and ordered filed. On motion of Councilman Peterson, seconded by Councilman Molds, the Oath of Office of Councilman Wohlers wale accepted and ordered filed. City Administrator: (while preementing new gavel to Mayor Powell) Sir, this gavel was purchased by the appoinnted city officials and is your badge of authority as presiding officer cover this distinguished body. It is designed to withstand normal use for a period of twenty years. However, if your tenure of office exceeds this period off time, I am sure the appointed officials will be: happy to replace it with a nee. one: Mayor Powell: I would like to any that I hope I can do as well with this gavel as Mayor Charlsen did with, his. Councilman Peterson then nominatned Councilman Nolde for the office of Vice President of the Council, and mowed that nominations be closed and that the Clerk be instructed to cast a unanimous ballot for Councilman Donald Nolde: The lotion was seconded by Counciilman Melstrom. A unanimous ballot was than cast by the City Clerk. and he neclared Donald Nolde elected to the office of Vice President of the Council. Councilman Melstrom nominated Anger Peterson to serve as a member of the Board of Equalization. Councilman Noilde nominated George Mohlers: Councilman Peterson nominated William Powell. Councilman Rohde then moved that nominations for the Board of Equalization be clouted. and that the Clerk be instructed to cast a unanimous ballot for Councilman Peterson, Councilman Wohlers. and Mayor Powell, The motion was seconded by Councilman Melstrom. A unanimous ballot was then cast by the City Clerk, and he neared Councilman Peterson, Councilman Wohlers and Mayor Powell elected to the Board of Equalization. Councilman Peterson nominated Damald Nolde to serve as a Commissioner of the Sinking Fund. Councilman Melstmon moved that nominations be closed and that (January 10, 1967 - continued) r- • • the Clerk be instructed to cast a tunanimous ballot for Councilman Molds. A unanimous ballot was cast by the City Clerk, and he declared Donald Mold° elected as a Commissioner of the Sinking Fund. (The Mayor auto- matically becomes a Commissioner off the Sinking Fund by virtue of his office). APPLICATIONS On motion LicenseeunMolds, sededbnilmanPeterson, the follow- ing otio Cigarette olu9 fox the oecl: Richard Fleming, 8083 Korth Fourth Street Carolee Stewart, 3044 Korth Main Street Harold Chatterton. 2204 Borth Main Street Arnold Deno, 215 Month William Street American Legion Clutha 103 South Third Street C. H. Felix, 413 South Greeley Street Eagles Lodge Aerie 4494, 227 South Main Street Wade Nelson, 920 weelt Olive Street Edward J. Davidson, 231 Bast Myrtle Street Oreion Walker, 806 ffiouth Main Street Dennis Johnson, 11011 North Owens Street Stillwater Lodge 411:19, B.P.O.E., 110 S. Main Street Don Michaelson. 108 South Third Street Valley Dri-Kleenettee, 233 South Main Street John Nooley, 902 Souuth Fourth Street John Hooley, 405 Heart Myrtle Street Robert Gersdorf, 22.4 South Main Street Leonard Yee, 241 Sottth Main Street Ralph Milberg. 1112 ' sixth Avenue South Emerson Lewer, 108 :South Main Street On motion of Councilman Waldo, seaeonded by Councilman Peterson. the follow- ing Soft Drink Licenses were granted for the year 1967: Carolee Stewart, 3044 North Main Street C. H. Felix, 413 Souuth Greeley Street Eagles Lodge, Aeriee 494, 227 South Main Street Wade Nelson, 920 Weest Olive Street Edward J. Davidson. 231 East Myrtle Street Oreion Walker, 806 South Main Street American Legion Clwb, 103 South Third Street Stillwater Lodge 41279, B.P.O.B., 110 South Main Street Dennis Johnson, 11O1 North Owens Street Arnold Deno, 215 Ncorth William Street Harold Chatterton, 204 North Main Street Dick Fleming, 808 :North Fourth Street Donald Michaelson, 108 South Third Street Valley Dri-Kleenettte, 233 South Wain Street Michael Kane, 229 Bast Chestnut Street John Hooley, 902 South Fourth Street John Hooley, 405 Bra at Myrtle Street Robert Geredorf, 2:14 South Main Street Leonard Yee, 241 Scauth Main Street Ralph Milberg, 111:1. Sixth Avenue Emerson Lewer, 1081 South Main Street On motion of Councilman Molde, sneconded by Councilman Melstrom. a License to operate Taxi cabs (four cabs) was granted to Victor F. Prescott, 204 South Main Street, for a period •nf one year. • • e WanUctay v, ..... ........ .... . • • On motion of Councilman Molds, seconded by Councilman Paterson, a License to operate Taxi cabs (four cabs) was granted to Norman E. Webb, 233 South Main Street, for a period of one year. on motion of Councilman Molde. ecconded by Councilman Peterson, the follow- ing licenses were granted to James B. Menard, 544 B. Nevada Avenue, St. Paul, Minnesota. for a period of:me year, for Family Recreation, 223 South Main Street (formerly operated bgy Sorge Thomsen): Amusement Machine Separator's License Amusement Machine ILLcenses (five machines) Music Machine Licenses (one machine) Pool Table Licensee (eight tables) On motion of Councilman Bolde, sseoonded by Councilman Peterson, a License to Operate a Theatre was granted! to R. A. Lawson and J. D. Stine, for a period of one year. (Auditorium Theatre). On motion of Councilman Molds, seconded by Councilman Peterson. a License to Operate a Bowling Alley was ggramted to Donald F. ►bsiman and Glen L. Barioske, 317 South Main Street,. for a period of one year. On motion of Councilman Molds, seconded by Councilman Peterson, On and Off Sale 3.2 Beer Licenses were grannted to Carolee Stewart, 304 North Main Street, for a period of one year. enaction of Councilman Petersom, seconded by Councilman Bolde, a License to Collect and. Dispose of Garbage, and Rubbish, was granted .to Leighton D. Charles, d/b/a-Charlsen Truckiing Service, 1030 Fourth Avenue South, for a period of one year. On motion of Councilman Bolde, ,seconded by Councilman ;Shiers, a License to. Raul Things Over City Streetswas granted to Leighton D. Charlsen, d/b/a Charlsen Trucking Service. 1030 Fourth Avenue South, for a period of one year. On notion of Councilman Molds, seconded by Councilman Peterson, a License. to Haul Things Over City Streets, vas granted to Harry L. Thompson, 321 South Third Street, Bayport, Minnesota,, for a period of one year. Application received from Philir Mardaus, 1020 North First Street. for a License to Haul Things Over Cityy Streets. Councilman Nolde moved that the license be denied until Mr. Hardens' appears before the Councils Councilman , Peterson seconded the motion. (Mr. Mardaue received a letter from the City • informing him that his license would not be issued unless his property was sleeted of debris, etc.). On motion of Councilman Bolde, seconded by Councilman Peterson, a License to operate as a Junk Dealer was granted to Lawrence M. Rumpf. 2007 Schulenburg, for a period of one, year. 41If, e e • CCNKUBICATIOBS Prom Donald Carlson. Chairman, Stillwater Planning 6 Zoning Commission: minutes of December 27th and Janumiry 4th Commission meetings, es follows: 1. Petition of G. C. Lupient to construct 24 foot wide street on North Broadway and construct three or less homes on West property line of Lots X, Y. and S. In addition, the petitioner asks the City to allow construction of a home on each lot with the vest side of the homes constructed on the property line. Such construction requires a non —conforming permit. (several property owners residing in the area in question were present at the Planning Commission meeting, according to minutes). "A motion was presented by Elarold Bohlt that Mr. Lupient's request be denied, with the following considerations - that Mr. Lupient reconsider his request and 'possibly resubmit with the following considerations: 1. A minimum setback cif buildings. 17 feet from the platted street line of :Worth Broadway. 2. That this property The covered with covenants such as: a. all electric power end telephone lines be run underground. b. allow no outsidle trash burners, incinerators or garbage cans. c. no building hei..yht to exceed 20 feet above street level. Motion seconded by Mr. Oleos - passed unanimously". Mr. John Condon, Chairman, Plano:Lng Commission: It may not be entirely clear what land we are talking e::bout. This is north of the italinoff prop- erty and East of the Dielentheis■ property. Broadway is platted at 60 feet wide; the ground slopes rapidly to the East. Mr. Lupient is requesting to build right to the edge of the poLotted street. Rather than have it sixty feet wide, he would like a twent.rfour foot street paved. We turned dawn his petition and suggested he make soma changes and represent this petition. We suggested a setback of seventeen feet; we arrived at this because Mr. Ralinoff's is seventeen feet back. In order to protect Mr. Dielenthneis of any devaluation of his property be- cause he has a view looking out over these lots, we suggested that his interest could be protected by botrying power lines, etc. Since he would be looking at the backs of theses !rouses, there would be no trash burners, e tc. Also, the building height should be held down to twenty feet above street level. If the houses were built thirty feet from the edge of the street instead of seventeen, he could build 35 feet high and wouldn't have to ask for any special permits. I know there are some other interested persona here tonight who might wish to say something on this. Mayor Powell: Is this the firstt time Mr. Lupient has heard of this? Mr. Lupient: The first I have (Beard of it, yes. Mr. Lyle Eckberg: I represent NKr. Lupient in this, and also other people interested in this property - BLlaff City Lumber, Peaslee Plumbing. Schwantes. etc. The homes would be in coniforaity with Mr. Mahood's home. Mr. Kalinoff's home is constructed vupon vacated Borth Broadway, seventeen feet from relocated Ridge Lane. By 'requiring a setback it would be completely impossible to construct these homes. When Carli 6 Schulenburg's Addition was originally laid out. they were bid out on paper before they were staked out. Streets were platted, but could • • (January 10, 1967 - continued) ,1 0 e never be constructed because oil the terrain - this is one of them. This is not going to hurt anyone. I sivelpsthize with Mr. Dielentheis, but he has no particular vested right in view. Mr. Lupient would be willing to conform to one story homes with no trash Marrels, etc. W. John Todd: (representing mlr. Dielentheis) I agree that we have no vested right in view, but we do: have a vested right in variances and setbacks. we bought not only for view butt Eor distance. I would like to point out to you:that you would have a primate dwelling constructed immediately adjacent to City property. You would have a unique factor that immediately upon step- ping out of one of these homes nn would be on City property. Someone could slip and fall, and the City wosuLd be open for a law suit. I would oppose any change, and we would vigorously" oppose a seventeen foot setback. I strongly urge that the recommendation onE the Planning & Zoning Commission that the petition be denied, be acquiesced by the Council. Mayor Powell: You have heard Moth sides of the report, gentlemen. Councilman Peterson: I would _like to ask the City Administrator if we have the original plot plan. Administrator: Yes, we do. Mayor Powell: I would like to thank the Planning & Zoning Comission for the fine job they have been doing. They are quite a busy organization and I feel they do a remarkable job on Cheese petitions submitted to them. I think they are underpaid and overworked: Councilman Peterson: Mr. Lupieent, you say this is the first time you have heard of the seventeen foot setback? Mt. tupients True. but Fred Melinoff is in the middle of old North Broadway, &nd''er. is Mahood's house; these lots are between those two houses. Councilman Paterson: Would it be possible to build with a seventeen foot set back? Mt. Lupient: It's possible, bait not economically feasible. As far as accidents occuring on City property, I would see that it was covered by in - scenes end relieve the City off that responsibility. You understand I tried to get this road vacated, but PC. Dielentheis objected - that's why this all came- about. Also, I have objection to the twenty foot height limit; I think that's a bit low. Councilman Molds: Mr. Lupient„ is this something that has to be decided in the nest two or three weeks? Mr. Lupients Yes - it has to toe decided by February 1st. Mr. Todd: We are getting furthner away from the point. We had a lengthy hearing with the Planning & Zocing Commission: t::ey recommended this request be denied. Mayor Powell: I was going to smuggest that if Mt. Lupient had not heard the recommendation of the planning Commission, he might reapply in line with these suggestions. Mr. Dielentheis could be present at the same time and this could be discussed at the Planning Commission meting. It is my own feeling that the Planning Commission doesn't comsider these things lightly; it is proper that we go along with their recommendations and, in view of this, Mr. Lupient, per- haps Mr. Todd and Mr. Ehlinger might both sit in at that meting to see if it's possible to b:iLd at that setbadm. Mr. Lupient: You are empowers& to grant the petition if you so desire accord- ing to the City Charter. This whole area has been jerimandered! All I am asking is to build on the City Lot line and have a City street. It is within your power to deny any petition: or to grant it, keeping in mind that I would just as soon have the street vacated. I would like to ask the City Attorney. what if both of the property owners involved own 50% of the land, and one wants to vacate and the other one doenin't? What happens? • • • (January 10, 1967 - continued) • e City Attorney: It's discretionary with the Council. Councilman Peterson: In line wit::h all the discussion that has been going on, I would move that we follow t::he recommendation of the Planning and Zoning Commission on this matter.. Councilman Meletrom seconded the :motion. Mr. Arno Schwantes: We are part owners of the land being talked about; I think that the request that thee petition of Mr. Lupiient be reconsidered is built on good sound thinking. The suggestion that has been made that the Engineer and others take a kook at this property again is excellent. and I would ask all of you to conn:sider it very carefully before denying the petition. Mayor Powell then asked for the council's decision in regard to the motion to deny the petition. (the Council voted unanimously to deny it). 2. Planning Commission recommended that the City Council review and adopt certain printed farms which would standardise planning and zoning requeuts. 3. Request by Colonial Investment Corporation to construct an apartment complex on Lots 1 thru 12, Block 10 of Cooper's Addition, bounded by North Cowen Street, St. Croix Avenue and West Stillwater Avenue. Mr. Condon: They have had a reinvest in before to build apartment houses; they have revised their request. They were going to request three twelve - unit buildings, then felt it woulld be much better to have two eighteen - unit buildings. Now it turns out they may increase the size of the Maple Manor Nursing Nome. They are goiing to bring in all of their plans soon. 4. Request by Swager Brothers, Inc. for a permit to move and restore a garage at 1221 West Olive Street. Mr. Condon: They want to move in thirty feet away from the street, which.. would bring it a little closer to the neighbor's property line, but as we read the Zoning ordinance, that would be alright. We recommend that thip. be passed. Mayor Powell: I would like to am!: Nr. Swager as long as he is here. do -the neighbors object to having the garage moved? Mr. Swages: They do object to having the garage ten feet from their property line, but their hose is only seven feet from the same property line: Councilman Molds moved that the ppermit to move the garage be granted; Council- man Wohlers seconded the motion. (all in favor). 5. Request from Swager Brooker., Inc. for a permit to wreck old house at 236 North Street and build a duplex. Mr. Condon: We asked that they cans back with a better scaled plot plan and that the neighbors be informed ass to what is going on. We feel this is very important. From the Railroad and Warehouse CM:omission of the State of Minnesota - Order stating that Victor F. Prescott, d/b/a Valley Transit is granted a permanent certificate as a regular carrier of passengers. (no action necessary by the Council on this communication). • • (Jgnuary 10, 1967 - co ntinued) 315 ' From University of Minnesota announcing Property Tax Short Course for Assessors, at various locations: in the State. Mayor Powell: If our assessor :feels he should go, he can make a request. Free Mrs. Kenneth Reschke in regard to reconditioning a pond for ice skating on Echo Lane. City Engineer: We will try to :resolve this matter as soon as weather permits. We just became aware of it last:week; since that time !other Nature hasn't been too good to us. (heavy snowfalls). Prom Northern States Power Company, suggesting that the City approve a change in the street light locatted near the public library. (from 1500 lumen incandescent to 250 watt mercury vapor). n Administrators It would be my sauggestion that it be changed. Councilman Peterson: We had a *schedule of costs on various sizes ofstreet lights; do you have any idea of the difference in cost? Administrators The difference Min cost is not very ouch per year. Councilman Peterson then moved that the recommendation of Northern States Power Company be followed; Coumci'lman Nolde seconded the motion. (all in favor). From Banister Engineering Company, enclosing three copies of a drawing showing the proposed expansion oof the Stillwater Sewage Treatment Plant. Also From Banister Engineering Compan_sy in regard to proposed engineering services and fees for possible expansion •GE Stillwater Sewage Treatment Plant. Administrators I would like to :suggest that this matter be carried over to the next regular meeting of the •Council. Councilmen Peterson moved for thew above; Councilman Nolde seconded the motion. (all' in favor). From State of Minnesota, Department of Health, enclosing report covering examination of plans and specificeaticns for a water supply well for the City of Stillwater. (no action necesa:ary on this communication. From State of Minnesota, Department of Highways. setting forth status of Municipal State Aid Accounts. From Layton Landstra, Lystad Extferminators. reporting on areas baited or inspected during the month of December. From Northern States Power Company in regard to new rate schedule for sewage pumping service. Council suggested this be carried! over to next meeting of Council to enable them to have an opportunity to rend same before acting. ▪ 8 16 • (January 10, 1967 - continued) • From State of Minnesota Department eaf Civil Defense in regard to Emergency Operating Center. The Administrator was instructed toe refer this letter to the Civil Defense Director. From the St. Croix Barge Terminal Company, Stillwater, Minnesota, en- closing a check in the amount of $30,000 for property rental. and stating that during 1966, 1,419.31 tons wens moved over the dock for a total of $$20.97. DELEGATIONS OR INDIVIDUALS Dean F. Charlsens In the month of! October, 1966, a petition was presented hton lik• ehto know where lhe stands onfor iit:.ons ( If9thereDis anything• he coulThe ld owner to moveyou on a little bit. ime to other pro- ce• edings under This.The Couwas ncilat: the sahouldtacceptethe petitiond direct the cesdings under way. City Attorney to prepare an ordinance. le t this itm.ilB Councdes The new ilman ask them to vote on itsw very I thinklittshouuldube explained tou them; bring it up at the next meeting. Mrs. John Schmidt, Route 3, Stillweter: I was bitten by a dog on the e& two and a half called• syour City pAttorney, readrthte dog ordinance. htalked ours ito the Health l Health Police Officer. • this dog mashed; alth othecdogsaid root leashed work and I would likeftofhave this dog killed. Chief Roepke: The dog was tied up for ten days after she was bitten, which is all the law allows us to do. Ws couldn't issue any kind of order to kill this dog. City Attorney: If they have a liteense for the dog, it should be leashed - then you have a different situati'.an, but by the same token you can't ask the City to sue for you for civil damsages, and ask the City to prosecute.our Whether it is done away with or not is up to a judge. was this dog Y property? Mrs. Schmidt: Be was at a place of business: I went there to have my car towed and the dog bit me. Councilman : If is man dential area, he Should hi control his dog oor shouldss n't business t operatea businessithere. Mrs. Schmidt: I will sign a complaint. City Attorney: Mayor and Council, I am sorry I was late this evening. but I would like to state for the record that a couple years ago, on September 2nd, I was offered the job of City Attorney: I took it with some reservations as I didn't know if I could work under several different people. But I want to make it a matter of reconed - it has been my privilege eato two eeundder Dean Charlsen as the Mayor of thiis City; I have enjoyed serving under him, and my only hoops is that the relationship that I had with him can be carried on in the futvure - to serve with him. • l L a • • PETITIONS None CITY ADMINISTRATOR'S REPORT 1. The following Change Ordax was received late this afternoon: Change Order No. 6 - Dean Lumdholm Construction Company Change Water Department storage yard fencing for new gate location on easf.t side add: $61.78 Telephoneshelf not installe.a deduct: 6.00 $55.78 On motion of Councilman Peterson. seconded by Councilman Nolde. the Change Order was approved. 2. Fire Chief Cormier has saabmitted the annual report of the Stillwater Pia Department fame the year 1966. Usually we don't read annual reports of Department Heads at the meetings, but this report is so well done.. I would like to read it to you now. Mayor Powell: That was a very fi:.ae report; Pia Chief Cormier should be commended. 3. Booklet received from International Institute of Municipal Clerks listing Ordinances available to municipalities. This booklet will remain on file in the Clerk's office for future reference. 4. The Salvation Army would! like to have two parking spaces in front of their building on Tibird Street; they claim that sales �. have dropped. 50% since they moved from the old location. Councilman Nolde: Turn it over am the Chief of Police. I as a Councilman would be in favor of granting therm the two parking spaces; it's very im- portant that we support the Salvation Army. Mayor Powell: I. too, would be inn favor of it. I will direct the Administrator to notify the Chief to check this: out. 5. Memo received from Polioae Chief Roepka requesting increase in salary for Officer Cote - $='620.00 per month - two years of service. Councilman Nolde moved for the increase; Councilman Peterson seconded the motion. (all in favor). 6. Memo from Police Chief Itoapke requesting that two officers be allowed to attend the 1967 '?raining Unit of the St. Paul Bureau of Police course on Basic Malice Science. (eleven week course - cost to City would be appraocimately $1,000; this would be for salaries of men working cowst shifts for those attending the course). Administrator: There is no prov.'isiion in the budget for this; it was not known at the time. • • 318 • (January 10, 1967 - cont'd) • • Councilman Wohlers: The way the budget is set up for the coming year, I think we had better stick to thighs budget pretty tight. I wi11 make s motion to that effect. Mayor Powell: A motion was made that we do not send anyone to this course. Councilman Peterson seconded the motion. (all in favor). 7. We have received copies of the Twin Cities Metropolitan Tax Study - recommendations of trhe Research Advisory Committee. Also a notice of a meting to be bald Wednesday, January llth at Edina High School. Copy of the Tax Study will the mailed to each Councilman. 8. Per our request, we have received information from the League of Minnesota Municipalities regarding Refuse Collection and Disposal in Minnesota. There is a lot of informatics: here; I will file it in case anyone wants to study it. 9. A Test Catalog has been sent on loan by the League of Minnesota Municipalities (per Council request some time ago that City obtain some type of test papers, etfc. to use when interviewing candidates for employment). Copies will be made and kept. on file in the office. 10. Jack mere, former fireman, has asked that the Council reconsider his application for membershcip in the Volunteer Fire Department, as he was not involved in the Mitigation against the City. City Attorney: This Council has:esker a stand: no reconsideration of:appdi- cations by former firemen until mall litigation is settled. Other than that, I would recommend that he submit a complete waiver stating that he will at. no time file any action against tame City. Mayor Powell: Contact Mr. Myers,: if he cares to sign a release saying he will not participate in any litiggation in the future, the Council would be willing to 'consider' his applicaation again. 11. The City Engineer submiitted reports on Sanitary Sewers in the City of Stillwater Bailees, etc.), and also a report as to the cost of repairs to City equilpment during the year. These reports will be filed for future reference. 12. We have received three more applications for the position of custodian (Bud Fraser, Clarence Diethert, Richard Raboin). Councilman Peterson: I would thiink this should be something to have on the next meeting agenda. e (January 10, 1967 - continued) 13. We have some literatures on the Hoover industrial vacuum cleaners, etc. I will keep it in my office for your investigation. At your convenience, I wouldd like to have you look at the prices. 14. The City Attorney repomted as follows in regard to the proposed sanitary sewer for the new County office building and the Siapson-Norgren apartments: We attended the meeting and reported to a Council meeting; Mayor Powell was to discuss the County proposal with Raymond Johnson, Mayor of Oak Park* Heights. The City Engineer showed me slope easements which ID approved as to form". City Attorney: I don't know if lithe council is ready to act on this or not. Mayor Powell: I have not been able to contact Mr. Johnson, but will do it very soon. City Engineers Since the Attorney and I met with County officials, they have directed their Engineering Department to make a study; the County is working as this now and are at least part: way through the study. Whether Oak Park Heights is willing to accept their report or not, I don't know. The request for easements across esehool District 834 property does not hinge on going down the center of the entreat in Hazel Street; it hinges on going in Grove Street. The School District is satins on this tonight, I believe. The County, School District and Ciity have agreed to the County Engineer doing this storm sewer study; we haven't! heard from Oak Park Heights. There is no reason for the City to go to Oak nark Heights any more except tc inquire if they will accept the study. Councilman Peterson: Before we oxen do anything we have to hear from the County or Oak Park Heights. Mayor Powell, I will take care of! that this week. 15. In connection with the aabove, the City has received the plans and specifications on ghat project from Banister Engineering Company. 16. The City Council has bean invited to have breakfast with Warden Tahash of the prison, .and also he has arranged a tour of the prison. Mayor Powell: I will have the AdmaLnistrator notify him; we'll suggest Saturday, January 21, 1967. 17. On Friday of this week, sat 1:00 P. M., there will be a meeting of all City employees in the OCouncil Chamber, at the request of Mayor Powell. UNFINISHED BUSINESS The City Engineer, Police Chief andf City Attorney were directed at a previous meeting to prepare a list of all stop sign locations within the City; this has now been completed, and a resolution should be passed. .3t9 .320 (January 10, 1967 - continued) e Administrators The reason for pausing this resolution is that, in the event a person violates a stop siign and it has not been placed there by resolution, it will not hold up i.:m Court. Councilman Peterson moved to intr:aduce a resolution designating all stop sign locations in the City; Councilman Nolde seconded the motion. (all in favor - see resolutions). The City Engineer was directed at: a previous meeting to report as to feasibility and estimated cost for extending Stillwater Avenue from North Owens Street to William Street. City Engineers No report, Mr. Na}yor. Administrators Mr. and Mrs. Haro:ld Pauley are here this evening; they were of the opinion that tonight would .be a meeting to discuss certain petitions for street work. Would the City Engineer inform them at this time how you are coming on your street surveys., etc.? City Engineer: We have started one South Sixth Street; Brick Street is one-third done. Administ retort Do you think thew will be completed so we can call for bids early this spring? City Engineer: I seriously doubt it. Administrator: I think a diseussiion is in order now as to what the Engineer is to do. The petitions were submitted last year with the intention of having early hearings on these matcters. Mayor Powell: In our budget discuiesions, it was more or lees agreed that, this work was essential and shouldl be done; in the case of financing we would have to Bell bonds. If we have no report from the Engineer there isn't a great deal we can discuss. Administrator: Would the Engineer explain to the Council what would be hold- ing up completion of the plans? City Engineer: Lack of personnel. Plans have to be drawn; estimated cost has to be figured. We have to draw specifications and plans, and to draw plans we have to have a good drafts.snan. I am the only one who has drafting training. This would require approximately two weeks time - the specifi- cations would take another two weell s, without interruptions. On Brick Street we have lack of comitrol - we spent six days just trying to pin down control - locating proEerty lines. It's impossible to do any surveying in the field now because of the snow on the ground. Administrator: It is past the survey time because of the snow; we have toyed with this for a number of months. I wonder if something should be done about it; do we hire personnel or do we dilly along with it? Mayor Pc;alls In order to get these things moving. I personally see no reason why we can't farm some of thnie out. City Engineer: Then you should comelier farming out an instrument man and a couple of rod man to do the work in the fall. After further discussion. Councilman Nolde recommended that the Council spend some time in the Engineering .office and go over some of the problems existing. • • (January 10, 1967 - continued) ;-32 1 • Councilman Peterson: If we were to get these three men that are needed to have our own engineering, and i.e we started them on these various streets, coula this be paid out of a boned issue that would be floated to cover the cost of the streets? At the titres the streets are started could it then be reimbursed to the general fund? Administrator: You could do this, yes; it would be about 620 per foot less 1f we did it with our own crews., but we are talking about $300,000 to $500,000 - that's a big step. Mayor Powell: In order to conctmde this discussion, when we meet on Friday (employees meeting) we might takke a few minutes to visit the Engineering Department. 11aW.mmimea3 On motion of Councilman Nolde, seeconded by Councilman Wohlers, Mayor Powell's appoinotmenttsao= s of the following pearsons to the Planning and Zoning Commission Edward Sint William Hawkinson Al Peterson* Fred Ealino..Ef Harold Hohl*.t On motion of Councilman Molds, seasoned by Councilman Nelstrem, Mayor Powell's appointments of the following persons to the Port Commission were confirmed: George V. Haeneroft Leo Jewell Eugene Lehmiieke William Murray Frank Steinmrte On motion of Councilman Peterson, s seconded by Councilman Nolde, Mayor Powell's appointments of the following persoms to the Recreation Commission were confirmed: William O'Brflen Lawrence Junkier Mayor Powell: In the past years wem have also had two councilmen on the Recreation Commission. Councilman Nolde: I would like b more that we nominate Councilman Melstrme and Councilman Wohlers to serve on the Recreation Commission. Councilman Peterson seconded the most Lon. Councilman Molds then moved that nominations be closed: Councilman Peterson seconded the motion. The Clerk was then directed to cast a unanimous ballot for Councilmen Wohlers and Moletrom as members of the Recreation Commission. On motion of Councilman Peterson, seeconded by Councilman Nolde. Mayor Powell's appointments of the following personae to the Library Board were confirmed: Mrs. Chester W_ilaon Mrs. Richard Neilson Mrs. R. M. LEVilme Mrs. Roderick Dawson Mrs. Harold ;Crag Mrs. Lloyd Kolllimer • o') • (January 10, 1967 - continued) /", On motion of Councilman Molds, secoonded by Councilman wohlers, Mayor Powell's appointments of the following perssons to the Park Board were confirmed: Lyle Andersen Chester S. Wilson On motion of Councilman Molds, *amended by Councilman Peterson, Mayor Powell's appointments of the following pers sons to the Dutch Elm Disease Commission were confirmed: Dr. Theo. MA, Cole John Clarey' Paul Glaser Mayor Powell: This is a new Commission, and a resolution is necessary to establish same. Councilman Peterson moved to introduce a resolution establishing a Dutch Elm Di omission; Councilman Molds seconded the motion. (all in favor - see resolutions). On motion of Councilman Nolde, seconded by Councilman Mohler*, Mayor Powell's appointment of Mr. Dean P. Charlse.n as Civil Defense Director was confirmed. (replacing Dr. E. L. Blodgett who resigned). On the recommendation of Mayor Powell, the Council decided at this time to hold two Regular Meetings per month instead of one. (first and second Tuesday of each month) see resolutions. On motion of Councilman Nolde, seconded by Councilman Peterson, the Building Inspector's Report covering activiities during the month of December, 1966, was approved. On motion of Councilman Peterson, seconded by Councilman wohlers, the Summary of Building Activities for 1966, submitted by the Building Inspector. was approved. (mail copies to Councilmen). On motion of Councilman Peterson, seconded by Councilman molds. a Contract agreement between the City of Sti:.ilwater and the Stillwater Evening Gazette, for 1967 official printing, was approved. (see resolutions) On motion of Councilman Molds, seconded by Councilman wohlers, the appointment of the following persons to the Auxiliary Police Department for 1967 was approved: Thomas Mebntpetit Mike Rebwer John Berog John Vanll[eel Norman Webb James Edgier Dave Knetfe lkamp Herbert aroma Donald Beeberg James Doroff Kenneth cschreffler George Warner Gerald Eoolldan Ted Gilleem • (January 10, 1967 - continued) .323 e ss on motion of Councilman Peterson,. seconded by Councilman Melstrom, the appointment of the following parsons to the Volunteer Fire Department for 1967 was approved: Vern Ancarews David ChUial Richard Calendar Jack Shemin Kenneth Andrews Charles Glaser Paul Glaser Dale Rratgard John McDonald Merrill Campeau David Carlson Jeffrey Cormier Louis Garavalia. Jr. Charles Mix Bernie Eleltier John Schoen On motion of Councilman Molds, seconded by Councilman Peterson, the following Change Order was approved: Change Order No. 48 - Linnea Electric Company Outlet for future exit light $ 14.84 Central Fire Station Annunciiator 780,00 Total increase in contract price: $794.84 On motion of Councilman Molds, seeconded by Councilman Peterson, the following receipt for substituted collaterasl was approved: $100,000 Federal Intermsdiat_e Credit Banks - 5.95% due August 1, 1967 in substitution for $100,000 D. S. Treasury Gillis due April 27, 1967. On motion of Councilman wolde, seconded by Councilman Melatrom, the following insurance policy was approved: Renewal Certificate - Aetna Insurance Company, Hartford, Connecticut. Policy No. IMF? 48 92 21 covering aqua lung and miscellaneous equipment stoned at Lily Lake Beach; premium is $15.00. Administrator; In connection with this, we find that we have many policies now which is a very clumsy situation. i would like to meet with a number of insurance agents in our City and discuss the possibility of getting a package plan deal. It would be cheaper and better. Councilman Mohlers: The former ,.Mayor brought up something about getting an independent insurance company to come in. Mayor Powell: I think it would boa a wise move at this time to look to our local insurance agents. ORDINANCES None .324 (January 10, 1967 - continued) /`. • • RESOLUTIONS The following resolutions were, o:e roll call, unanimously adopted, 1. Directing the Payment of Bi111s 2. Establishing a Dutch Elm Disease Commission. (..,:, 1...="+'.`," 3. Designating Stop Sign Locations in the City of Stillwater. cec 4. For Long and Faithful Service (Dean Charlsen) 5. For Faithful Service (E. O. EIverson) 6. Appointing Civil Defense Director (Dean F. Charlsen) (In connection with this resoIlmtion, a discussion was held in regard to the salary for this positiion. Councilman Nolde felt that the salary should be higher than 425.00 per month; the other councilmen were in favor of leaving it at that figure) 7. Designating Meeting Dates foss City Council Meetings. 8. Authorizing Execution of Contiract - Stillwater Evening Gasette 9. Favoring Legislation (for hospital and medical payments for Mayor and Council members while in office. 10. Approving Hospitalization Parents for Retired Employees (after.: twenty years continuous servile/4. ADJOUAlBmNT On motion of Councilman Peterson.,, seconded by Councilman Molds. the meeting adjourned at 11:44 P. M. Attest: City Clerk Mayor • • Council Chamber Stillwater, Minnesota Regular Adjourned Meeting January 17, 1967 7:30 P. M. The meeting was called to order byg President Powell. Present: Councilmen Nolde, Melatron, Peterson, wohlers, and President Powell. Absent: None APPLICATIONS On motion of Councilman Nolde, secs0nded by Councilman Peterson. Cigarette and Soft Drink Licenses were granted to the Connolly Shoe Company, 123 North Second Street, for the year 1967. On motion of Councilman Peterson, seconded by Councilman Melstrom, a License to Haul Things Over City Streets wee granted to Philip Hardens, for a period of one year. (Mt. Nardaus appeared before the Ciity Council as requested. Councilmen Nobles stated that he had looked ast Mr. Mardaus'e yard and had found every- thing in order - no debris, etc.). CCNMINICATION@ Prom Northern States Power Company — setting forth their second year pro- posal for converting overhead street lights in the City of Stillwater. Prom Northern States Power Company Set regard to placement of street lights on South Everett Street (as requested by area residents). N.B.P. suggested locating two 17S vett mercury vapor lights on South Everett Street: one between 1219 ands 1223; the other between 1303 and 1307, if if permission is granted from property owners to set a pole and run a span Adainistrator: Some of the propertyv owners do not.want a pole in front of their property, but this is what ESPY suggests if they want lights in that area. Councilmen Nolda: If the Council appproves the lights, NSP will talk to the property owners. Councilman Peterson moved that the Conseil approve the installation of the two street lights at the suggested loocations; Councilman Molds seconded the motion. (all in favor). Prom the Ramsey County League of Muniicipalities, extending an invitation to the Mayor and Council to attend theist monthly meeting or a discussion of the Twin Cities Mayors' Metropolitan 'Tax Study report. Councilman Melstrom: I am going to t::ry and be there; it looks to me that it's going to be a discussion on what: could take place. I am interested enough so that I will try to be there!, :3:2 0 e (January 17, 1967 - continued) • • Administrator: It would be my suggestion that when these matters come into committee at the Legislatures, we should be well represented at that time. Pram Bonestroo, Rosene, Anderlik a Associates, Inc., submitting certain facts which will provide a basis ffor discussion for joint use of sewage treatment facilities. From Lyle J. Eckberg regarding jo4lnt sewer - Oak Park Heights and Stillwater Township (enclosing completed querstionnaires which were sent to them by the City of Stillwater; also enclosing questionnaire which they request bo filled in by the City of Stillwater). Administrator: When I received tassel, I immediately called Mr. Banister. I felt you would want to discuss +this with him to get his suggestions. Councilman Peterson: Has there bean any reply from Baytown Township? Administrators No. I have heardl that a petition was filed with the Municipal Commissioa by Bayport, :requesting the annexation of Baytown Township; a joint petition, with Iaaytown Township agreeing to be annexed to Bayport. I would suggest at ttkis time that someone from the Council check into this and find out what: is taking place. A lengthy discussion then followeod in regard to the proposed annexation, and also in regard to the lettere received from Bonestroo, and from Mr. Eckberg. Mayor Powell: It would be my suggestion that we authorize Mr. Banister to fill in this questt Lonnaire together. When could have a meeting with Stillwatter Township and Oak Park City Attorney: Have a meeting witth the Council here first, cuss with our Engineer and Mr. Bannister and all of you will understanding of what is going to •be presented. Councilman Peterson moved for the above; Councilman Peterson motion. (all in favor). our Engineer and this is done we Heights. so .you can dig - have a full seconded the Fyne Banister Engineering Company. (carried over from January 10th meeting), settingforth fees, etc., for re marts, plans and specifications, engineering costs and related items for expan:h£on of the Stillwater Sewage Treatment" Plant. Mr. Banister: If you are going tco apply for and receive any government grants for your engineering costs. on this project, you have to havea copy of the written agreement with your application. Actually, you authorized. this in October. City Attorney: To be on the safe: side, it should be repassed tonight. Mr. Banister: I made the statement that you could spread this out over a period of years - up to three years without interest. The fact that it would be marked 'due' wouldn't mean your have to pay it right then. Administrators Let us assume thast this is not started within three years; say it isn't started for five yeasts - how about your fee then? Could it be drawn out longer than three years? Mr. Banister: Oh, I suppose if yrsu wanted to do it. Mayor Powell: $4,500 is for the :survey; if we proceed with the plans. etc.. the cost will be regular engineerAng costs? • • (January 17, 1967 - continued) 327 • e Councilman Peterson: I would like to rove that we enter into this agreement with Banister Engineering Company. Councilman Nolde seconded the motion. (all in favor). Mr. Banister: I would recommend tthat you talk to your Legislators and have them get behind this. I would recommend that you urge the Legislature to take whatever action is necessary So obtain the maximum amount of federal funds available under the water Restoration Act of 1967. The City Attorney then asked Mr. Banister if he would draft a proposed resolution for the Council to submilt; Mr. Banister stated he would, and that he would forward same to Mr. Browerr. PETITIONS Prom Leighton D. and Barbara Charl,.sen. for annexation of land to the City of Stillwater (dumpsite in Stillwater Township). Administrator: This petition was .originally presented in August of 1966; itWas tabled due to other annexat.:ion proceedings under way at the time. Councilman Molds: At this time wh::y does Leighton want to annex it to the City? Mr. Dean Charlsen: Some of the peeople in Stillwater Township are on his back because he isn't running it the wa:.r they want him to run it. He can't get burning permits when he needs thew, etc. If he belonged to the City he wouldn't have to get a burning permit every' time he wanted to burn something. Councilman Molds He is going to Ihan to understand that he is going to have probleme with the City of Stillwatcer too. Mayor Powell: That has been our problem all along; a sanitary landfill dump is what we contracted to have. wee can't say we don't care if it's covered or not. Councilman Peterson: He has bean .going to clean it up every time we talk to him; we are right back in the old situation again - he is not burying it. Mayor Powell: I got a call the other day saying we were all going to be served with an injunction if things are going to be as they were last Spring. Councilman Nolde: Myself, I wouldB go along with him, but he is going to have to understand our problem too. Mr. Dean Charlsen: He certainly .should. Councilman Peterson: He wants to get in because he thinks we are going to be easier on him. This isn't going to solve the problem; it's just going to shift the blame. City Attorney: This Council requested that he petition for annexation. Mayor Powell: If we do annex this property we can better police it, and 'had' better police it too. I think we bad better concern ourselves with it. We should have some kind of inspection. City Attorney: Is there an ordinance to control a City Dump if one were in the City? If you take him in you will have a hard time passing an ordinance that would control him: you shoulo pass the ordinance first and then annex him. Mayor Powell: what would be your recommendation? • (January 17, 1967 - continued) City Attorneys It would be easier under an ordinance to control him. Councilman Nolde: I move we accept tine petition and instruct our City Attorney to prepare an ordinance annexing this property. Councilman Peterson seconded the motile. Councilman Peterson: I move the City' Attorney be instructed to prepare an ordinance regulating a sanitary landfill dump in the City of Stillwater. Councilman Wohlers seconded the notices (Councilman Nolde voted no). CITY ADMINISTRATOR'S REPORT 1. Nemo from Fire Chief Cormiass regarding Fire Department request to hold an open house fax other fire departments in surrounding communities. Chief Cormier: The only cost to the City would be the cost of mailing invitations; the rest would be borne by the Volunteers. Mr. McNeil (Chamber of Commerce Manager): Rather than have the Volunteer Fire Department take care of that exgense, why don't you send the bill down to the Chamber of Commerce? Mayor Powell: Thank you for your kimid offer: 2. The possibility of increasing table rent at Pioneer Park should be discussed. (increase to 250 per table on week days; 500 per table on weekends and holidays). Councilman Molder I move we increase the daily rates to 250 per table. Councilman Mohler: seconded the motion. Councilman Melstrm: Because of the fact that so many outsiders take advantage of our facilities, the motile is in order and I think we should carry it out this way. Councilman Peterson: People take advsentage of our beach facilities too; that would account for more revenue ;than the picnic tables. I£ you are talking about trying to defray costs.. I think the Recreation Commission should think about charging at the bathing beaches. Mayor Powell: What is the feeling off the Chamber of Commerce on this? Mt. McNeil: I can't speak for the Chtember, but the Committee on Recreation and Tourism has been working on this for months. I think the general concsnsus of the committee members is they would like to try and arrange it where they would all charge an equual price for use of bathing beaches - Stillwater, Bayport, etc. All outsiders without a button would pay on a per. -day basis. I would like to take this question to the Recreation Committee at the next meeting if possible. The vote on the motion to increase table rent at pioneer Park was then taken. Councilman Peterson was opposed. 3. It has been proposed that thte salary for the Director of Recreational Facilities (Dick Sekun) be increased from $387.50 per month, at the rate of $25.003 each six months until the maximum of $500.00 is reached. (money was set aside in the Recreation budget for this purpose). • • • • • (January 17, 1967 - continued) • wimp Mayor Powell: Before you take .any action on this, we had a meeting last Friday with all City employees. There were no raises granted except for the Street Department - 100 per hour across the boards this includes the whole force. I would be heartily against such an increase for Mr. Blekum at this tine. If a man is going to live up to his word, you have to do it all the way. After further discussion, Councilman Peterson moved that the City Administrator be instructed to inform the Recreation Commission of the policy that no City employees, with the exception o4 the Street Department, would get raises this year, and that applies to the Recreation Department. Councilman Melstrom seconded the motion. The vote was as follows: Councilman Iielstrom: Yes Councilman BloLdes No Councilman Iletersons Yes Councilman Wlohlers: No Mayor Powelll: Yes Mayor Powell: I believe we have, a moral obligation to stand by what we decided. In another year we can make some adjustments. Councilman Peterson: I move theat the City Administrator be instructed to inform Mr. Blekum that if he wisahes, he may keep track of his mileage and the City will reimburse him for the ass of his own car at MO per mile. Councilman Wohlers seconded the :notion. (all in favor). 4. We have before us, for :approval or disapproval, a Hill for an Act Relating to Courts izt Washington County - Municipal and Conciliation Court. With this bill, we received :a letter from Representative Howard Albertson: he states he has no intention of pursuing this bill unless it receives substantilal approval by the municipalities of Washington County. He wants: a resolution from us approving or disapproving the bill. It would be my suggestion tihat the Council meet in special session to discuss this. Councilman Peterson: I move thatt the Administrator set up a special meeting to go over this bill. Councilman Melstrom seconded the motion. (all in favor). 5. The Minnesota Zoologicall Society requests that the City pass a resolution approving their objectives. Mayor Powell: This was given to me at the dinner held at Como Zoo. They dont know the cost of the zoo yet:. it was felt that the site they have is the best location because it is 6bunty property. They are requesting that all communities pass this resolution so they can take it to the State Legislatures what they don't say .La, if you pass this resolution they assume you are in favor of this program :and probably would be willing to pay a pro- rated share for the zoo. Councilman Nolde: I am afraid we are getting ourselves involved in too many things. We will find ourselves ism the seven -county metropolitan area. If they want a new zoo, let them change us all five or ten cents to go through their zoo, not add it to the tax trolls of seven counties. • • :330 • (January 17, 1967 - continued) • • Councilman Nelstroms We are going tarn have to accept the fact that we are involved in this seven county metropolitan area and we are going to be included in all of these things whtether we want to or not. Councilman Molds: We were just talkiing about Recreation a few minutes ago; we can't even afford our own prcogram, let alone support Minneapolis and St. Paul. Mayor Powell: Perhaps we could get el little more information on this before we act on the resolution. 6. We should pass a resolution requesting that the Legislature act to increase the amount of male which the City may levy for General Fund purposes. Councilman Molds: I move to introduces a resolution to be forwarded to our representatives, asking that the :Legislature increase the 3eneral Fund mill rate from 45 mills to 55 mills. Councilman Wohiere seconded the motion. (all in favor). Councilmen Meletrom: We should find oout when this will come up before Committee meetings and the Council shoould make an effort to be there. 7. We have received the City Atttorney's opinion in regard to our inquiry about having the County do the City assessing; as to legality, etc. The opinion reads as follows: "I refer the City Council to Section 164, p. 63, of the City Charter...accordingly the Councils shall appoint the city assessor who Shall hold office during the :pleasure of the Coancil and shall have power to appoint deputies with the consent of the Council. Section 165, p.33, sets forth the; duties that the assessor shall have, do and be responsible for. Also his duties are expressed in Section 166 in sitting with the Board of Equalisation. Therefore, it appears that the Citty of Stillwater shall have an . It does leave room as Ito vim are appointed deputies. It is feasible that the County can handle the ing of the City as deputies to the City Assessor; there is no prohibition against this." Administrator: I ant with the County Eloard of Commissioners on this; it is their feeling that they would go alang vith the City of Stillwater, but for this service they would charge us $$6,00o per year. Councilman Molds: I move that we nattily the County Commissioners and tell them we appreciate the time and elNfort they put into the tax program for the City of Stillwater, but at this' time the City does not wish to get involved. Councilman Wohlers seconded the motion.. (Councilman Peterson abstained). 8. At the last meeting we over-lo.aked approving the Order of Business for the year 1967. On motion of Councilman Peterson, seconded by Councilman Nolde, the follow- ing Order of Business for the year 1967 was adopted: call Meeting to Order opening Prayer by ttte City Clerk Roll Call Applications Communications • • (January 17, 1967 - continued) e :3:3 ! • Delegabtions or Inlividaale Petitimna City Aolninistrator's Report Unfinished Business New Business Ordinances Resoluttions Adjournment 9. We have received a mem:S from the Engineer stating that he feels there has not been enough consideration given to a salary increase for Leonard Kern, the city mechanic. He states that Mr. Kern receives 50 an hour less Urban the highest paid truck driver and that Mr. Kern is also a drilwer-operator as well as mechanic. Councilman Wohlers: All the Deprsrtment Heads here tonight know that we are trying to do all we can possibly do. $2.60 per hour for a mechanic is pathetic, but we have set thils up and have to live by it. Mayor Powell: We had a very interesting and enlightening meeting with the Engineer Friday afternoon; from this meeting a decision was made by those who were there that we should doo this with all departments. We are going to institute this program and urge the councilmen to come down at various times and visit with all departments: perhaps we can get to the Street Department real soon and set up :ascale for a mechanic. City Attorney: In connection witth this, you will recall that a grievance panellaid down instructions carrrying almost the weight of a District Court Order. These should be reviewed:and followed as closely as possibly in the future if they are not being fol=lowed now. This applies to all departments, not only the fire department. 10. We have a memo from thee Fire Chief as follows: °In a recent conversation witth the Public Examiner, the question of the sale of copper wire Afros: the old fire alarm system was discussed. The amount invoIlwed is $557.47. The money received from this wire was placed inn the general fund of the Relief Association. The firemen removed the majority of this wire on off duty time, with the exception of the tines the Fire Department was re- quested to remove interfering vireo by NSP and NW Ball. If the City Council feels that the Association is entitled to the amount of $557.47 for services rendjered by the firemen, then I would appreciate it if the Councill will approve of the action taken by the Association in retaining@ such money, to be recorded in their minutes." Administrator: As it stands right now, without Council approval the Public Examiners would ask that the Firemen's Relief Fund transfer this money into the General Fund of the City. IfT the Council feels that the cost to remove the wire would exceed $557.47 it could be retained in the Relief Fund. Councilman Nolde: I move we approve putting this money in the Firemen's Relief Fund, as the cost of tears:ag the equipment out would have been greater than $557.47. Councilman Peterson seconded the :motion. (all in favor). UNFINISHED BUSINESS New rate schedule for sewage pumpiimq service - from Northern States Power Company (carried over from Januaryy 10th meeting). • • (January .., .7V, ....,.,..._ , • • Councilman Peterson: I move we acs:capt this rate schedule of Northern States Power Company for sewage pusaping service. Councilman Nolde seconded the moti..on. (all in favor). Applications for position of Custocdian - new Municipal Building $ Richard Baboin Clarence Diethert Bud Fraser Reynold Wert Louis Gaeravalia David Swanson Edward HBoettger Chris Laval John E. Faker Renneth.IWgle. Irven Hsbward Cartony Harrison. Banks A lengthy discussion took place etas to qualifications of the above, etc.: the final decision was to meet agiain on January 18, 1967 to discuss the applicants further. Mayor Powell in regard to Mayor Powell: tomorrow. was to contact Raymond Johnson. Mayor of Oak Park Heights. sewer project in Oak: Perk Heights (Hazel Street, etc.). I have not been above to contact him, but will try again yacw =WHO SS On motion of Councilman Peterson,,, seconded by Councilman Molds, the follow- ing collateral, pledged by the Cosmopolitan State Bank of Stillwater, Minnesota, to secure City depositme, was released: 8200,000 Federal HOMe Wan !Banks: Cons. Bonds, Ser. B-1967 On motion of Councilman Holds. sncconded by Councilman Peterson, the following Brent rolls were :approved, and the date for hearing on same was set for Tuesday, March 14, 1967: Local Improvement No. 48 - 18ancock Street Resurfacing Local Improvement No. 56 - Pine and Myrtle Street Resurfacing Local Improvement No. 60 - .Greeley Street Resurfacing Local Improvement No. 61 - Onion Street Resurfacing ORDINANCES A discussion was held .n regard to "An Ordinance Regulating Parking in the City of Stillwater and providing3 a Penalty for Violation Thereof". (proposed several months ago - no action taken at that time). • • (January 17, 1967 - continued) Administrator: We have received complaints about parked autos on City streets; in talking with Chief Roepk a he says that all snowbirds have been removed. Chief Reopke: About 99% of them havoc., but with the last cold blast of weather (31 below zero) we have a fesa more: The trouble is we don't have a place to keep these cars when they acre towed away; we are responsible for the cars we move. Councilman Nolde: An ordinance wouli5n•t do us any good if we have no place to put the cars. Mayor Powell: I recommend that the City Attorney, Police Chief and Engineer work out some kind of ordinance that will work; they can present it at a Council meting that suits them best. RESOLUTIONS The following resolutions were, on roll call, unanimously adopted: 1. Directing the Payment of Bill 2. Ordering Hearing on Improvement .- LI No. 48 - Hancock Street 3. Ordering Hearing on Improvement .- LI No. 56 - Pine Street - '+oi ao61.s�e1.. 5Q6 “6. l"F vrcai ++q 4. Ordering Hearing on Improvement •- LI No. 56 - Myrtle Street 5. Ordering Hearing on Improvement .- LI No. 60 - Greeley Street 6. ordering Hearing on Improvement .- LI No. 61 - Union Street 7. Designating Stop Sign Locations 'Within the City (repassed) B. Favoring Legislation (requesting) increase in amount City may levy Nee a.ktstiea. for General Fund purposes). cac v '4� med,-.5 9. Authorizing Entering Into Agreement with Banister Engineering Company. .. '• On motion of Councilman Peterson, seeconded by Councilman Holds, the meeting adjourned at 12:45 A. M. Mayor Attest: 3:34 • council Chamber Stillwater, Minnesota Special Meeting January 23, 1967 4:30 P. M. The meeting was called to order by President Powell. Present: Councilmen Molds, Peterson, Mohlers, and President Powell. Absent: Councilman Melstrom The purpose of this meeting wags to interview Mr. Bill Crowley, an applicant for the position of janitor in the Municipal Building; the various duties involved in thee position were explained to Mr. Crawley. After discussion, Councilman Malde moved to purchase the necessary cleaning equipment needed for maintaining the building from Leo Collins,, representing Brissman-Mennedy •Corporation, at the quoted price of $760.75. Councilman Peterson seconded tibe motion. (all in favor). Councilman Wohlers moved to int:Seduced a resolution employing. Mr.: William Crowley as custodian of the Murnicipal Building at $300.00 per month, commencing February 1, 1967. Councilman Molds seconded the motion. (all in favor). RESOLUTIONS The following resolutions were, on roll call, unanimously adopted: 1. Adopting the Payment of Bit'1 2. Approving Employment of Custoodian (William Crowley). AOJOURMlRST On motion of Councilman Molde, seconded by Councilman Wohlers, the meeting adjourned at 6:10 P. M. Attest: hJ° City Clerk Mayor • • • Council Chamber Stillwater, Minnesota Special Meeting January 31, 1967 7:30 P. M. The meeting was called to order by Preesident Powell. Presents Councilmen Melstrom, Nolde, Peterson, Wohlers, and President Powell. Absent: None On motion of Councilman Nolde, seconded by Councilman Peterson, minutes of the following meetings were approved: Regular Meeting Regular Adjourned Meeting Spacial Meeting January 10, 1967 January 17, 1967 January 23, 1967 7:30 P. M. 7:30 P. M. 4:30 P. M. Fire Chief Cormier reported that the in -station alarm system in the fire station is not working properly; he sand the system works with only one hook- up, and when a second hook-up is made,. the system blows fuses. The Chief stated that for an additional $1,650.090 they could have a unit with twenty- four lines, and suggested that these Mimes be sold to individual business places for $100.00 per line to defray the cost. President Powell suggested that the Cilty Attorney check to see if the Simplex Company is legally responsible to supply this piece of equipment in workable condition. Civil Defense Director, Dean Charlsen,. reported that a letter received from the State of Minnesota, Department of -Civil Defense, dated January 26, 1967, reported that weather conditions now indicate that a situation exists now that existed in the Spring of 1965; i..a., any abnormal amount of snow fall could create a flood similar to the seerious flood in 1965. Me. Charlton also reported that last near the City of Winona, Minnesota, started a "City Employees 6 Auxiliary Department Day", and suggested that the City of Stillwater institute such a day next ssummer. President Powell suggested that the Connell give this some serious consideration. Councilman Nolde reported that Leighton Charlsen had already raised his rates for garbage pickup, effective the lst ,ef the month. He stated that he would look into this matter and report back :at the February 7th meeting of the Council. President Powell read a letter of resiggnation from Miss Virginia Berrisford, Bookkeeper in the City Clerk's office; said resignation to be effective from and after February 28, 1967. Councilman Nolde moved to accept the resignation with regret and to instruct the secretary to the Administrator to wend Miss Berrisford a letter of appreciation. The motion was seconded by Councilman Peterson. (all in favor). • • 00 0 (January 31, 1967 - continued) • • Councilman Melstrom moved to set Frebruary B, 1967, at 7:30 P. M. as a meeting date to discuss the County • Municipal Court Bill, and to invite the County Commissioners to attend 1. Councilman Mohlers seconded the mo•.tion. (Councilman Peterson was opposed). RESOLUTIONS The following resolutions were. one roll call, unanimously adopted: 1. Directing the Payment of Bill (Simonet Furniture & Carpet Company - partial payment on contract). 2. Amending Resolution No. 2992 -- Favoring Legislation. 3. Authorizing and Requesting thee Drafting and Introduction in the State Legislature of Legislation Relisting to Taxation for General Fund Purposes. ADJOURN!= On motion of Councilman Peterson, seconded by Councilman Melstrom the meeting adjourned at 10:15 P. M. Attests �% M, " — - - )--/ City Clerk !sea e.v C Mayor ,r • • e council Chamber Stillwater, Minnesota February 7, 1967 7:30 P. M. Regular Meeting The Meeting was called to order by. President Powell. Opening prayer by President Powell'. Present: Councilmen Melstrom, Monde, Peterson, Wohlers, and President Powell. Absent: None UNFINISHED BUSINESS (out of orders) This was the day and time set for hearing on the petition to vacate a part of Hubert Street and Eugene Street. (Petition submitted by Board of County Commissioners). The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published, and the Clerk informed the Council that the notice for hearing was pnblishced in the Stillwater Evening Gazette, official newspaper of the City, om January 6, 1967, January 13, 1967, January 20, 1967 and January 27, 1967. The Mayor then opened the hearing.. No one appeared for or against them petition to vacate a part of Hubert and Eugene Streets. The Mayor then closed the hearing.. (see resolutions). APPLICATIONS On motion of Councilman Peterson, seconded by Councilman Wohlers, a License to sell Cigarettes at the Washingtton County Court House was granted to Mid- west Vending Company. 8645 5th Avenue South, Bloomington, Minnesota. for a period of one year. (renewal). On motion of Councilman Peterson, seconded by Councilman Wohlers, a License to Operate as a Junk Dealer was grtanted to Sherman Gordon, 207 East Nelson Street, for a period of one year. (renewal). On motion of Councilman Peterson, seconded by councilman Wohlers, a License to Bell Soft Drinks was granted to James E. Menard, Family Recreation, 221 South Main Street, for a period off one year. (new). On motion of Councilman Peterson, seconded by Councilman Wohlers, a License to Operate an Amusement Machine (eat Pizza Palace, 308 South Main Street) was granted to James E. Menard, 221 South Main Street, for a period of one year. (new). Mr. Menard was present and inquired of the Council if it was necessary for him to apply for a license each time Hie installs a machine, as he has his Operator's License. • • :j:3,8 • (lebruary 7, 1967 - continued) • The Council informed him that it was necessary to apply for each machine. On motion of Councilman Peterson, seeconded by Councilman Wohlers, a permit to place six Courtesy Benches in various spots throughout the City, was granted to United States Bench Corpaoration, 2912 Hiawatha Avenue South, Minneapolis, Minnesota, for a periomt of one year. (renewal). COMMUNICATIONS Prom Mrs. Roscoe Pierce, 306 North : Pourth Street, requesting an adjustment in sewer rental charge. On motion of Councilman Peterson, sneconded by Councilman Nolde, an adjustment - to $7.60 per quarter --was granted. From Stillwater Planning and Zoning, Commission - Minutes of January 24th meeting, as follows: 1. Request by Swager Bros., Inge. for a permit to wreck old home at 236 North Street and construmt a new duplex on that site. Mr. Swages presented a scaled plot :plan, drawings of the new proposed duplex and submitted a letter oaf evidence that the majority of adjoining property owners agreed to this new construction. Recommendation: Motion by Fredt Nalinoff that the Council approve this request for special permit: providing that an in:roved and ample (offstreet) parking area 'be provided on completion of con- struction, and that this speciaaL permit be issued within thirty (30) days from this recommendation. Seconded by Alan Peterson, passed unanimously. 2. Election of Commission offiicers for 1967: President - John Conndon Vice President- Fred Mallinof£ Secretary - Donald Carlson 3. Request by Commission Secretary for monetary funds to purchase new letterheads and supplies far use by the Commission. Charles Thompson informed the Commission that a sum of $100.00 per year is available for Commission) use. Councilman Nolde then moved that them permit be granted to Swager Bros. Inc. to construct the new duplex ire accordance with the planning Commission's recommendation.. (Item 1). Councilnnan Peterson seconded the motion. (all in favor). From R. H. Tahash, Warden, Minnesotta State Prison, confirming date of February 18th as date for breakfast) and tour of prison (Councilmen). • • (February 7, 1967 - continued) ;339 . • Copy of letter written to Minnesota Department of Health by Representative Howard Albertson, in regard to Dec.anber 19th issue of "Minnesota's Health", Volume 20. Said issue contained we article pointing out that a survey shows need for improvement in ambulance service in communities; Mr. Albertson requested that a copy of the articcle be sent to the city Council and also the County Board, and that the repoorts be given their consideration and attention. From Major Leo J. Smith, Stillwater National Guard, requesting annual appropriation for maintenance of tthe Stillwater Armory ($250.00). See Resolutions. From Timothy P. Quinn of Meier, Kamnedy S Quinn, Attorneys at Law. enclosing Notice of Claim - Fearing Manufacturing Company, Inc. vs. City of Stillwater. Copies of the Claim were mailed too the City Attorney and the grog Agency. From State of Minnesota Department of Highways - Remittance Notice on Municipal State Aid. (balance in City's State Aid Maintenance Account as of January 31, 1967, is zero). Prom John S. Hoyt, Jr., Institute of Agriculture, St. Paul. Minnesota, announc- ing an educational program being :initiated in the Twin Cities Metropolitan area. The Clerk was instructed to notify the Institute of the Councilas interest in this program and request additional material. Also, to notify the Planning and Zoning Commission of any meetings,which might be arranged. From Peter L. Racchini, Architect:, enclosing information regarding the roofs on the new Municipal Building (guaranteed for twenty years) and enclosing roofing and flashing bonds, along; with letter from the Roofing Contractor giving procedures to follow should the City require any additional work on the roofs during the guaranteed perioad. From University of Minnesota, Gemara' Extension Division, announcing annual two-day conference on Federal an& State Assistance to Municipalities. Councilman Peterson moved that Councilman Meletrom be delegated to attend the two-day conference, and that the $15.00 registration fee be paid by the City. Councilman Nolde seconded the nottion. (all in favor). Prom Northern States Power Comparny in regard to rate schedules, effective January 3, 1967 on bills based on regular meter readings. From Representative Howard Albertson in regard to resolution for hospital coverage for Mayor and City Council members of Stillwater while in office (whether or not they desired to thave dependents covered also), and in regard to Washington County Courts bill.. The Clerk informed the Council that the necessary resolution pertaining to the hospital coverage had already/ been mailed to Mr. Albertson. Mayor Powell announced that the meeting scheduled for Wednesday, February 8. 1967. with the County Commissioneexs to discuss the proposed Washington County Courts Bill had been postponed umitil a week from that date. • :40 (February 7, 1967 - continued) i"' • DELEGATIONS OR INDIVIDUALS Mr. W. Bruce Hubbard. Coordinator, George E. Clayton and Associates, Wayzata. Minnesota, appeared beforre the Council and presented a resume of government financed low rent hovaeing for senior citizens. Mr. Hubbard explained that the Cit_p of Stillwater could have in the community a low rent housing projeeot without any cost to the City what- soever. He explained the basic steps to be taken should the City wish to investigate further. The first strap would be to have a public hearing to get opinions on whether or not thews would be a need for such a program in Stillwater. After the hearing. iff the Council felt such a program would be good for the community they would then appoint a Housing and Redevelopment Authority in the City; the Authoriity would consist of five persons who would serve without compensation; they would make the necessary surveys to justify a need for the project an would then make application to the federal government. The low rant housing would consistt of completely modern and up-to-date buildings. or building, depending on the number of persona interested. Rents which would run from $40.00 to $45.00 per month would include utilities. etc. After discussion, the Council feltt it wise to carry this matter over to the February 14th meeting, allowing tite Councilmen time to think about the pro- gram. Mayor Powell thanked Mr. Hubbard ter attending the meeting, and stated they would give the program some considderation. PETITIONS Prom G. C. Lupient petitioning foxy vacation of North Broadway, starting at the North end of Riverview Drivve to Parcel "U". Mayor Powell: This petition will be carried over to next Tuesday's meeting at the request of Mr. Lupient and.the request of the attorney. CITY ADMINISTRATOR'S REPORT 1. Police Chief Roepke has requested that the Council authorize advertising for bids on a newv police car. Councilman Melstrom moved for thee above; Councilman Peterson seconded the motion (all in favor). Bids to be returnable March 7, 1967 at 4:30 P. M. 2. Police Chief Roepke requesets Council consideration in regard to a training course for meters of the Stillwater Police Department. Chief Roepke: As you will recall! we asked to send two men to the training course in St. Paul, but due to out tight budget we weren't able to send anybody. In this day and age pollicenen are going to have to have some kind of training. We have the taaining manuals and the testa, etc. to start our own training program wiith our police department. The City Attorney, County Attorney. Juveniile Court Judge, etc. will participate - it will be a two hundred hour converse - two sessions per week. For our off duty men who will be coming boack for the course, I am asking $3.00 training fee to be paid to these men; it will come to a total of $600 or $700, but will be for the entire department, not just two. • • (February 7, 1967 - continued) • -- After discussion, Councilman Peteneon moved that the City pay the off duty policemen $3.00 per meeting diwxing the thirty-two week training course. Councilman wohlers seconded the motion. (all in favor). 3. Fire Chief Cormier requestted that the Council consider ordering the placement of proper wiring foe the battery charger to the outlets already provided, and the purahase of the proper pull down connections for the apparatus batterys. Chief Cormier: I would like Council approval to get estimated costs on this. Mayor Powell: If there is no objection, he can proceed to get the estimated cost; try to have to by next week.. 4. The Council discussed the possibility of purchasing a postage meter machine; Councilman Peterson and Councilman Molds were of the opinion that there would not be a subesttantial saving. After further discussion, the matter was tabled until tile February 14th meeting, at which time the representative for the Friden Company will demonstrate the machine and give further details. 5. Questionnaire which was sent to the City of Stillwater by Lyle Bckberg has been completed (inn regard to sewage treatment plant). Mayor Powell: The request was madte that this be sent back to Oak Park Heights so they could complete their report. We should have some Council action whether to send this to Oak Park Weights or not. They are contemplating their own sewage disposal system. City Attorney: Mr. Bckberg asked me when we were going to meet with the Village of Oak Park Heights on thiis; this Council had decided to wait for Banister's report, at which time they would sit down with Banister and go over it; then immediately call a meeting with Oak Park Heights. This is part of the over-all deal. Mayor Powell: There is no reason this couldn't be sent out in advance of the meeting. City Attorney: No. 6. Mayor Powell read from minutes of the June 9, 1964 Council Meeting "to clarify a proposal made byy the Police Department in what we call the five year program; that there would be no moonlighting". Chief Roepke: That was not in them proposal made by the Police Department; it was a proposal made by the integraated police and fire departments. Councilmen Nolde: The Administrator presented a five year program to the Council. Chief Roepke: There was never a mention of working for five years at this wage. The only place a five year stipulation came in is, it would take five years for all of the new men coming in to get the maximum benefits under this proposal. Mayor Powell: We were under the iinpression that the Police Department made this proposal about no moonlighting, bust in fact, it was the Council who made the proposal. Councilman Nolde: What it comes t.:e is, your men want to start moonlighting? Chief Roepke: Driving the ambulan.cee is the only one they have asked about up to now. Councilman Melstrom: You can't con:eceientiously say that they haven't been doing it. • • 4 '2 (February 7, 1967 - continued) • • Councilman Nolde: We had a poli..ey where there would be no more moon- lighting. 7. The City Attorney has drawn an ordinance regulating Landfill dumps in the City; he has coppies for all Councilmen, the Engineer, etc., and he suggests that the Council read the ordinance prior to the February 14th meetings and discuss it at that time. UNFINISHED BUSINESS Chief Roepke was to investigate request of Salvation Army for two parking spaces on Third Street, and make a recommendation to the Council. Chief Roepke: I haven't any recommendations to make; the Council has passed an ordinance prohibiting parking on the east side of Third Street; you can't give them two parking spaces and leave the rest posted. The Church across the street allows them to use the other side of the street now. We told them they could stop on the east side of the street to unload their truck. Mayor Powell: Explain to them tthat there is a resolution prohibiting parking on Third Street; other titian that, there is nothing we can do. The City Attorney and Fire Chief! were to report on the In -station alarm system in the Fire Department. City Attorney: A meeting was hold between the Fire Chief, Northwestern Bell Telephone Company, Linner BElectric, The Simplex Company, and myself. The alarm system the City purchaased does not service the County garage and the County Nursing Home - the distance is too far. By going to a different setup we would eliminate the proobLem. Each panel holds four incoming stations; Linner proposes threes of these panels to take care of twelve. They would give us credit and itt comes below the $1,000 dollar mark so we would not have to have bids. Councilman Nolde: Somewhere al•.nng the line you didn't get the proper information. We purchased a un:.tt that was going to provide us with twenty setups - for $700.00; they said! twenty connections coming into the building and after they installed it the.ey said we could only have one. City Attorney: Did you inform them how far they had to transmit? Chief Cormier: This isn't going to cost the City a penny! All the fire department is requesting is an advance loan of money no I can go out and sell these panels. Councilman Peterson: It may noot be costing the City of Stillwater anything. but it will be costing the peopole who hook onto it - $50.00 more than originally set up. Chief Cormier: This isn't beinng done for the benefit of the City; it's a savings to the purchaser. Theyy are willing to pay for this protection - there was no statement made to them of the cost of $50.00. Mayor Powell: we will wait until the next meeting. Councilman Nolde was going to /investigate whether or not Leighton Charisen could raise his rates for garbaege pickup without the consent of the City Council. He did not have an opportunity to do so. therefore, the item was carried over to the February 141(th meeting. • • • (February 7, 1967 - continued) :,4,3 • NEW BUSINESS On motion of Councilman Nolde. seeeonded by Councilman Peterson, Assessment Molls for Local Improvements No. 97 and 57A were approved. Hearing date for both sments was set for iMarch 7. 1967, at 7:30 P. M. Registered Land Survey for Walters Wolf property was presented for Council approval. Some question arose ame to whether or not an ordinance was re- quired. (carry over to February l4th meeting). On motion of Councilman Peterson,. seconded by Councilman Nolde, Endorsement to Policy No. 41C 536863, Hartfored Fire Insurance Company, covering 1966 Dodge Carryall, was approved. (addJtional premium - $32.00). On motion of Councilman Peterson,,, seconded by Councilman Nolde, the following substituted collateral was approwed: (pledged by the First National Bank of Stillwater) $100.000 Federal Land Banks — 5.875%, due December 20, 1967 in substitution form $100,000 Federal intermediates Credit Banks - 5.35%. due February 1, 1967. On motion of Councilman Peterson., seconded by Councilman Nolde, the Financial Report of the Fire Department Relief Association for the year 1966 was approved. On motion of Councilman Peterson,., seconded by Councilman Melstrom, the Building Inspector's Report coveainq activities during the month of January, 1967, was approved. On motion of Councilman Peterson., seconded by Councilman Molds, an adjustment in sewer rental charge was grantsed to Reuben Jacobson, 515 North Fourth Street. ($5.00 minimum). Mt. Charles Swenson, representing Local 849. international Union of Operating Engineers, appeared before the Coounoil at this time. Mr. Swenson: I am requesting foxamal recognition as bargaining representative for employees of your Street Depmertment and Sewer Department: it is my under- standing that the people in the Mater Department are under a separate Commission. I have in my possession two peti*tions, the first under date of January 25. 1967; on the petition appears the namere of three people who are in the Water Plant. but they would be excluded from may request. I will appear before the Board of Water Commissioners on their behalf. It is my understanding that the Ceouncil meets two Tuesday nights consecutively; I certainly won't expect that you= governing body make any hasty decisions this evening without talking to your ocounselor, but by your next meeting I would like to receive an answer to thine verbal request. I have no strong feelings one way or the other; actually I would prefer this to go to the State Labor :344 (February 7, 1967 - cantinned) Conciliator because if we would be successful in an election we would be certified by the state Labor Conciliator. Mayor Powell suggested that the question of whether or not to recognize Mr. Swenson as a bargaining agent oss the basis of the petition, or to let it go to the State Labor Concil:.Lator be discussed informally. After discussion. Mayor Powell augglested that the Council wait until February 14th before making a decision. City Attorney: We could send him as letter if we decided to go on the basis of the petition or not. Mayor Powell read a Bill for an Act= Relating to Municipal Courts and Fixing the Salary of the Judge of Municipal Court of Stillwater (coupanion bill to the County Municipal Court Bill proposed at a previous meeting). Mayor Powell stated that regardless' of whether or not the County Bill goes into effect, there should be a compcamion bill. Also, that it would mean an increase to the City of Stillwater of $2,000 for the judge's salary. After further discussion, the Council felt that no decision could be made until a meeting is held with the Waashington County Board of Commissioners. ORDINANCES None psourr'i0N8 The following resolutions were. on roll call, unanimously adopted: 1. Directin;; the Payment of Bills.. 2. Ordering Hearing on Assessment - LI No. 56 (Pine and Myrtle Streets) repass. Engineer: During the course o" hearings, there was a discussion among the council as to storm sweets - that the City would pay the cost of storm sewers. Actuallly, I don't believe there was a motion to that effect, but if the Council agreed to pay the cost of storm sewers, the storm sewer cost ., seeds $46,000 - then you are over - assessing by charging $7.00 pet foot. Councilman Nolde: These peoples understood that the whole package would cost them $7.00 per foot - we should have no problem. Councilman Peterson: We agreeod that they would pay $7.00 per foot; we are not paying 100% for the storm sewer. 3. Ordering Hearing on Assessment - LI No. 60 (Greeiey Street) repass. 4. Ordering Hearing on Assessment - LI No. 57. 5. Ordering Hearing on Assessment - LI No. 57A. (February 7, 1967 - continued) 345 6. Employing Engineering Services (Banister Engineering Company for Expansion of sewage treatment £aecilities study, etc.) repass. 7. Vacating a Part of Hubert Streett and Eugene Street in the City of Stillwater. S. Appropriating Funds to Stillwat.:er Armory Board ($250.00). AOJOOf On motion of Councilman Peterson. seeconded by Councilman Molde. .;he meeting adjourned at 11:40 P. H. Mayor Attest: • Council Chamber Stillwater, Minnesota Regular Meeting Felbruary 14, 1967 7:30 P. M. The meeting was called to order by Prceaident Powell. Present: Councilmen Melstrom, Nolde,. Peterson, Wohlers, and President Powell. Absent: None rnn.INIS��NBSS (out of order) Mr. Jim Mathieson representing the Frriden Company, demonstrated a postage meter mailing machine, and explained) in detail the operation of same, etc. After discussion, Councilman Noldemoved purchase the City ityaenenter ertininto machine an agreement with the Friden Company too at a cost of $165.00. Councilman Peterson seconded the motion. (allin favor). APPLICATIONS On motion of Councilman Peterson. secomded by Councilman Noolde an off s Super Sale 3.2 Beer License was granted too John Hooley, d/b/a Markets, 405 Bast Myrtle Street, fon a period of one year. From Ralph B. Otte, 517 North Owens Street, for On and Off Sale 3.2 Beer Licenses (first reading - carry oven to next regular meeting). From James B. Meister, 901 South Fouurth Street, for On and Off Sale 3.2 Beer Licenses (first reading - carry/ over to next regular meeting). Prom C. R. Felix, 413 South Greeley, Street, for Off Sale 3.Z Beer License (first reading - carry over, to next regular meeting). COMMUNICATIONS From Minnesota Railroad and WarehouLee Commission - news item - regarding Northwestern Bell Telephone Companyy extended area service between Metro- politan area and Stillwater. (Warehouse Commission authorised the telephone company to proceed immediilately to program and install direct service to Twin City Metropolitan area.) Copy of letter written to Railroad and warehouse Commission by Representa- tive Howard Albertson in regard to telephone rate structure. Mr. Albertson stated he was in favor of toll frees service to the metropolitan area: how- tess ne users. avmeeting ofe ethe Metropolitan &an UrlsaAffairsnCommittee toddiscuss is lthe ing for matter. • • (February 14, 1967 - continued) .)4 e From Fred F. Crea, Third and Orleans Streets, requesting adjustment in sewer rental charge, due to leak in bathroom fixture. On motion of Councilman Nolde, seeconded by Councilman Peterson, an adjust- ment was granted as requested (tco 49.00 per quarter). From Donald G. Pose, City Manager, Brooklyn Center, Minnesota, addressed to City Engineer Ehlinger (requesting that the City of Stillwater adopt a resolution requesting an amendment to the Municipal State Aid laws - that sidewalk installation along municipal State Aid streets be eligible for State Aid monies). City Engineer: I was for this oraiginally; one case in point would be Pine Street which was just completed; we had no State Aid for sidewalks. Mayor Powell: It wouldn't increase the amount of dollars- it would just mean that it could be used for sidewalks also? City Engineer: Right. In future. years we will need more sidewalks and if this were in effect it would relieve the City of cost. Councilman Peterson then saved too introduce a resolution Requesting Sidewalk Amendment to Municipal State Aid .laws. Councilman Melstrom seconded the motion. (all in favor). From Nasim Oureshi, City Engineers, City of Fridley, Minnesota (addressed to CityEngineer Ehlinger) requesting that the City adopt a resolution requesting amendment to Law for State Aid Serest Allotment - to be based on 1965 census instead of 1960 census. Mayor Powell: If we pass this resolution, we will be shortchanging ourselves. Councilman Peterson: Row many communities had a 1965 census taken? City Engineer: Forty out of the forty-two; Stillwater was one of the two that didn't. Councilman Peterson: I see no reason for passing a resolution like this. DELEGATIONS OR INDIVIDUALS Mr. David Chial: I am a member col the Volunteer Fire Department. We have a number of applications for membership in the Volunteer Fire Department before the Council, and we want no know what, if any, disposition has been taken on these applications. They are Jack Myers, Leonard Schrade and Arnold Peltier. Mayor Powell: As long as there its litigation still pending, we have to hold to the theory that we cannot acceept these applications. We have the appli- cation from Jack Myers who has no litigation pending; on advice of counsel we wrote a letter advising that fit he would submit a letter stating he would not enter into any future litigattion he would be accepted; that was the advice of our City Attorney. Mr. Chial: I believe the City Attttorney wrote a letter to Chief Cormier concerning these applications. rn this letter he said he could see no reason why these men could not be accepted as Volunteer Firemen. City Attorney: I said there was no 'legal' reason; the Council could take them back as volunteers, but in tlheir own discretion and in my own discretion. we felt we shouldn't bring them back. In the case of Jack Myers, I wrote a letter some time ago, but I don'ts believe it has ever been mailed; if he wants 34k e • e to come back on a volunteer fireman! basis he should waive any right he would still possess to institute li.tigation against the City; it would be foolish to take them back now with the case going to the Supreme Court. There is no legal reason whey they cannot be taken back, but we don't feel it's good strategy to taste them back now when it is going to the Supreme Court. Mr. Chial: The rest of the memberss realize we could use these men and would like to see them come back into the department. City Attorney: I have joined with your attorney on at least three or four occasions asking for continuaraces for filing briefs with the Supreme Court, so he could explore the posseibility of settlement with this Council; that is why there has been some dellay. Mr. Chial: That's why I appeared k efore theCouncil tonight; I realize it is a new Council. Mayor Powell: We are aware that tiles* men are available, but not being:..... lawyers, our attorney advises us as:ad we can only go along with him. Councilman Peterson: Everyone here*, new or old, feels that once it gets to court or is settled, there will.he nothing in the way of appointing these men. Mr. Leonard Schrade: I have a letter that was sent to me that says I; am -... not supposed to be seen with any f'_Lre equipment or any fire apparatus; how much weight does this carry? I would like to help out. Is it Auxiliary or Volunteers, and how much weight: does each man carry? Mayor Powell: It would be for insurance reasons. is that it? (non-members cannot work with fire apparatus, eete.. as they would not be covered by. insurance) . City Attorneys Right. Mr. Schrade: There was only one poerson authorized to ask us for help - that was Mr. Roepke. Councilman Nolde: This was shortliy after Mr. Roepke took over as Public Safety Director? Chief Roepke: Yes. Mr. Schrader Is it valid or isn'tt it? I would like to have this in the Council minutes. Councilman Nolde: You would like to have the Council take new action? Mr. Schrade: I just want to know -where I stand; is this letter legitimate or not? City Attorney: Are you appealingit Mr. Schrade: I am appealing. City Attorney: Then it strictly :pertains to you. It was definitely to stop men from being on that equipment until the controversey is resolved; that would still hold true - for all the men. Mr. Schrade: Is the hold up in Suppreme Court on our part and your part? City Attorney: So your attorney can confer with this Council; that's what Mr. Miley wanted. (February 14, 1967 - continued) PETITIONS Petition of G. C. Lupient to vacate North Broadway was carried over to this meeting from February 7, 1967 meeting; at this time a new petition was presented, signed by Mr. Albert 'it. 'Weimer, Trustee, and Mr. G. C. Lupient, along with the following letter txom Mr. Lyle Eckberg, attorney: "I enclose herewith petition to vacate a portion of North Broadway in Carli & Schulenitherg' s Addition. . It is our understanding than the Zoning and Planning Commission has tentatively approved thee petition, and in view of the circumstances, we at this tiime request the Council to file the same with the Clerk and prooceed with the hearings as required by the Charter..." The Clerk then read the recom enodation of the Planning & Zoning Commission as follows: "A motion by Alan Peterson 'that this Commission recommend to the Council that they approve tithe vacating of this portion of North Broadway as described in Mr., Lupient's petition, providing that before the vacation proceediings are instituted, Nr. Lupient should obtain a building permit fon the development of one of these lots (X, Y or Z) and the remaining lots of the three be provided with ingress and egress of roadway and utilities. Seconded by Bergen, carried unanimous." Mr. John Todd (representing J. H. Dielentheis): First, we are at a loss to understand the proceedings of the Planning & Zoning Commission; we were here on one other occasion and it was no secret to them that Mr. Dielentheis was interested in this thing. This necommendation proports to be a hearing, but no consideration was given the otter side. A petition, to be considered, must be presented by more than 50% of the owners of the abutting property. The accompanying exhibit alleges over 50% ownership, but I mriously question whether you have a proper petition that you can even call for a public hearing. I would ask at this time what check- ing has been done to verify the Emotions. (Mt. Todd claims that the accompanying plots on the two petfitions vary). City Attorney: The petition which was presented on the 7th - Nr. Eckberg asked that it be tabled until thids meeting. At the Planning Commission hearing they said they had viewed this pmoperty and knew that Mr. Lupient and the Trustees were owners of more than 50% of the property; they did mace that statement. Mt. Todd: Has it been verified with records of the City? This drawing is conveniently drawn to suit a purrpose. They have arbitrarily taken in this little triangle for purposes of setting more than 50% ownership. I wish to call to the present Cotncil's attention that we strongly urge that you refuse to proceed with vacatfdon proceedings. This is not the first time that it was tried to vacate this portion of North Broadway; itwas turned down by a previous Council; this is a continuation of Ridgeway Drive and serves a very useful public purpose for Mr. Mead and Mr. Dielentheis. This is the second attempt in several weeks tdto destroy the value of Mr. Dielentheis's home. It's a beautiful area that he lives in and he should have full facilities to his home. Councilman Peterson: The petition you spoke of was withdrawn at the time this area was built up; it was nesver officially turned down by a previous Council. Mayor Powell: I would like to assk the Engineer. to the best of your knowledge, is the plat on the final petitions correct? City Engineer: To the best of myy knowledge it is, however, I would request time to check ordinances and existing plats before making a decision on this. • • j )V • (February 14, 1967 - continued) • • Mayor Powell: Do you feel at this t_Lme we should have a motion to accept this petition, or wait until this is taken care of? City Attorney: It's discretionary wwith the Council. The procedure says you accept the petition and have four publications of a notice, then have your hearing. Councilman Nolde: I Hove we accept the petition and file it with the Clerk. and set a date for a public (hearing. City Attorney: If it should come t<o Light that the survey is in error. you should stop the notices. Councilman Peterson seconded Cour:dills:am Nolde's motion. (all in favor). Councilman Peterson then moved that' the hearing on the7pettittionn-to vacate North Broadway be held on Tuesday. larch 28, 1967, Councilman Melstrom seconded the mention. (all in favor). CITY ADMiNIS:RaTOR'S REPORT 1. Report of Fire Department: and Volunteer Fire Departsenth t activities during the month ooE January, 1967. (copy councilman). ers 2. Meeting scheduled for Feboruary 15th with County Commissionersnars to discuss County Municipal Courts Bill was postponed. will set date for meeting andE advise Council. 3. Fire Chief Cormier asked Council's permission to publish an appeal for new members in thee Volunteer Fire Department. The Council had no objections:. 4. Letter from David C. Cols:ado, President, Stillwater Public Safety Association, stating that the Police and Fire Departments had formed the Association and request that the Council meet with them to discuss wages and other working conditions. Councilman Nolde: I move we accept the letter and notify these gentlemen that we will meet with them. Councilman Peterson: I would sue)gest that they pick a date that would be convenient for them. Councilman Nolde: Send them a latter to the affect that they should arrive at some date. Councilman Peterson then seconds.:& Councilman Nolde's notion. (all in favor). Mayor Powell: I would like to swats that Councilman Nolde, Councilman Wohlers and myself attended the Urban Affairs Committee meeting on the seven county metropolitan goverrmment; it is my feeling that the Council should send a letter to Represerntative Salisbury Adams. complimenting him on the manner in which he participated in the hearing. I would like to let him know that we appreciate this; when we have legislators who are aware of the needs of other peopleratater ithan just the metropolitan area. we should let them know we appreciate (February 14, 1967 - continued) •1 1 l • Councilman Wohlers: I shot off my big mouth at that meeting. I was very disappointed in the TV and very disappoiinted in the newspapers. When they had their meetings the paper was filled with stuff. This morning's paper went by and tonight's paper went by and there was not a thing in there about the opposition - not one word about whatt Mr. Adams said. As far as we (City of Stillwater) are concerned, we evenwould tnove no eonos say at yaatsalltil n thism(set be a (seven county metropolitan government) little slow coming to, but they are only Looking for money. Councilman Nolde: I am in favor of sene&Lng this letter to Mr. Adams, but in defense of our own representatives, the::r were Bold a bill of goods on the one side. The people in the small comsunitiLes are not in favor of the program they are trying to put through; I am sure ours own representatives, before this is all over, will see it too... Mayor Powell: The questions that Mr. AAdams asked are the questions appreciatesthat whathad hethink it to esdid, I ihrwould further eceives a tonus cause9 that somebody e ity Councilman Mein coo: ration with the Leagued the e of Minnesota Municipalnference put on by ities - it of Minnesota in cooperation were had mainly to do with planning for future problems. Some questions asked about this metropolitan area government, in. nothing ingedefinite bit otthe other municipalities thought they would be literature here from that meeting. Mayor Powell: Ron, Lystad's should be asked to bait the old dumpsite again; we have received complaints about rats., UNFINISMED BUSINESS Items carried over from February 7th meeting: 1. Report of City Attorney and Fire Chief in regard to In -Station alarm system. Mayor party Powell: The feeling of the some orkable unit contractor or y liablebecause to the extent that they would htsve to putin they were on a contract basis? City Attorney: The answer is negatives( it seems there was too much talk and not enough action; it was added to thee original contract. The man that sold the merchandise was not ascertained ass to the distance it would have to travel; the telephone company man thought it 'could be done, but he promptly died the next day and there were no blueprints:, Councimane d be ng to pay ratherlthanF$50.00;.w sothisa$50. 0 f:Lgurelevery lquoted itoi0.00 Yu stted these people? Chief Cormier: No, sir. Mayor Powell: We are now thinking oe a twelve unit alarm system at a cost of $1,522. We would receive full credit for the other one - $780.00 - so we would have to spend an additional $7442.00. Councilman Nolde: What about the com2ractor who installed it; is he going to charge you all over again for this mew system? Is this $1,522 installed and completely operable? Chief Cormier: Right: This is going2 to be in writing this time - no messing around. (Febn;uary 14, 1967 - continued) r • • Councilman Nolde: I move we enter into: agreements with the spleetalla- Company, Linner Electric Company, and t;Ae Telephone Company for tion of this twelve unit alarm system eat a price of $742.00. Councilman Wohlers seconded the motion.. (all in favor). Mayor Powell: I think the Attorney and Chief Cormier can draw the con- tracts. 2. Report of Fire Chief in regardd to estimated cost for wiring battery charger, etc. Chief Cormier: Linner Electric has quooted a price of $161.00; I do not have a price on the pulldown cords yet.. Councilman Nolde: I move we install aka necessary wiring at a cost of $161.00. Councilman Peterson seconded the motion. (all in favor). Chief Cormier: This does not include the pulldowns. I. Increase in garbage pickup rantes. Councilman Nolde: I haven't got too ;moth to report; the girls in the office tried to find something (as to whether or not Leighton Charlsen must get City Council approval before raising pickup rates), but we haven't been able to find the first contract ghat the City enteredinto with Mr. Junker. City Attorney: Come to think of it. IO think there might be something in the old City Attorney files; I will chime and see. 4. Low Rent Housing proposal - .does Council wish to proceed with investigating feasibility? Councilman Peterson: Yesterday I was in Pi..e City; they are having a survey taken. Mayor Powell: Councilman Nolde and I. discussed this; we felt it was a good program to embark on, but felt a loca:darchitect sight be able to handle this; someone who would know the ropes. Councilman wohlers: I was advised too watch this very close. There are several associate engineering deals %working on this and you could be taken. We are going to have to get more inforrmation from federal agencies, and we have to find out from our citizens if( there is a need for it. City Engineer: When you get an outsiide architectural firm, it's a fine thing, this government money, but there are a lot of loopholes. Before I leap over the edge of the cliff I woould look to see how far down it is. By having our own people check it out*. I am sure the information we receive would be pretty good information. You should first check the population of the City to see if there is a need for it; obtain as much information as possible and run a series of articieea in the paper. Chief Roepke: Many communities have participated in this program already; it wouldn't take long to drive to thetas communities and check it out. Mayor Powell: The first thing we shoould do is instruct the Clerk to write to Chicago and get the information necessary to institute a program like this. • e (February 14, 1967 - continued) 3'"53 • • 5. Registered Land Survey - Walter Wolf property - for Council approval. City Attorney: An ordinance is not required to accept this. Councilman Peterson: I move we acknowledge receipt of the Registered Land Survey. Councilman Neletrom seconded the motiion. (all in favor). 6. Petition of Street Department and Sanitation Department employees. Mayor Powell: What Mr. Swenson wouldd like is to have us accept this petition and recommend that it be haradled through the labor conciliator. City Attorney: If at some future date, if you wanted this affirmed by the labor conciliator, you can do that. Councilman Holden We are all in favowcf the union; as long as we accept it, it doesn't have to go to the conciliator. I move we accept theof titionreet naming Charles Swenson as the agent :representing the employees Department and Sanitation Department: (International Union of Operating Engineers - Local. Bo. 49). Councilman Peterson seconded the mot.:Lon. (all in favor). 7. Discussion of Oak Park Heiglhts sewer facilities: ve Mayor Powell: The attorney has infoormed me that they would lila to ould and asked aveva meeting to discuss this. Mr. Eckberzg contacted Inc by p soon it would be before we had figurres on secondary treatment.. Mr. Banister said it wouldn't be much before two months. In discussing this with Mayor Johnson of Oak Park Heights, they haswe a plan whereby they can put in an interceptor line and furnish their own disposal plant for the sum of one million dollars. I told him what I felt we had to do was get an extended population figure that would be someething realistic, and when we meet we could come to some agreement on that:. They would pay for their own trunk /lines and their proportionate share of capital expenses on the present faciilities we have. City Engineer: We should hold up ohm this until we get the questionnaire back from Baytown, or until Oak Park Hei..ghts sends information on Baytown Township. After a lengthy discussion, Mayor Rowell suggested that the Attorney talk to the attorney for Oak Park Height:s in relation to the proposed annexation of Baytown Township, and ask their attorney to change the questionnaire to include Baytown if that is their intent; then they could recommend a meeting date. Councilman Peterson moved for the aebove; Councilman wohlers seconded the motion. (all in favor). 8. On motion of Councilman Nmlde, seconded by Councilman Peterson, the following insurance policy was approved: Policy No. lA 668418, Automobille Physical Damage Policy, issued by Hartford Fire Insurance Conwpany. (this policy was not approved when first presented some time ago. as the vehicle schedule was not correct. The Krog Agency recently submitted a new schedule). .j 3 4 • (February 14, 1967 - continued) ... • • 9. City Attorneys The Council passed a resolution recently requesting the Legislature to increases the amount of mills we are allowed to levy, from 45 mills to 55 mills. I received a telephone call from the Revisor of Statutes and8 during the conversation he asked if we had ever used M.S.A. 275.11 whiich states that the mill rate shall not exceed $54.00 per capita. I askesd Councilman Peterson if we went as high as $54.00 per capita. and appoarently we don't. Mayor Powell: It is your feeling them that we need not have this reso- lution? City Attorney: He said to check it with your people. If we haven't been using this Statute, would we need to increase it to 55 mills? Councilman Peterson: The Administrator is still in the hospital; we should find out from him what formula he uses in arriving at a levy and if he is aware of this law (275.11). I franklly see no reason for a bill if we can use this $54.00 per capita figure. Its this based on the last census? City Attorneys Yes, I think we woulod be stuck with that, but over and above that you have the price index. Mayor Powell: I will call the Adminii strator tomorrow if the attorney will write down what he would like me to Cell Mr. Brower, and I can read it to him and ask him if he is aware of it., NEW BUSINESS On motion of Councilman Peterson, sexonded by Councilman Nolde, Assessment rolls covering Local Improvement No. 59 were approved, and March 28, 1967,. at 7:30.P. M. was set as the hearing date on this assessment. On motion of Councilman Molds, secondded by Councilman Nelstrom, an adjust- ment in sewer rental charge was granted to William Powell, 219 North Brick Street (from $13.80 to $8.20 per quarter). The increase in rate was caused due to the fact that Swager Bros., Inc. used water from 219-North Brick Street during construction of a home on the adjoining lot. A discussion was held at this time regarding the possibility of allowing cab companies to use extra taxis during bad weather. Councilman Noldes In order to be fa:.ir, you would have to issue one more license to each company. It would be* up to them if they wantedto use it or not. Councilman Wohlerss If you are gain's( to issue licenses they should be compelled to use these licenses. Chief Roepke: They license so many *cabs (1 per each thousand people); this has to be listed on their insurance policies. They cannot operate another cab without having insurance on it. Mayor Powell: I think the answer is! evident then; if somebody wants to have an extra license,they must have Lt included in their insurance. I can't see where too much could be dome as it would be too expensive for them. There is nothing we can do ab•o-ut it. • (February 14, 1967 - continued) :355 • ORDIRANCSS On motion of Councilman Melstrom, seconded by Conciimanowohlers,to annext i Ordinance Regulating Sanitary Landfll Dump was regular meeting of the Council. An ordinance Regulating and Limiting, the Storage of Vehicles and Other Personal Property within the Villageoe of Oak Park Heights was presented by Mayor Powell for consideration by tree City Council. Mait MayorPowell: l: This is adaptedto ordinance passed by Oak Park Heights recently: on motion of Councilman Melstrom andr seconded by Councilman Peterson, the ordinance was referred to the Buildiing Inspector to check existing ordinances for conflicts, and for hiie recommendation at the next regular meeting of the Council. go?OODTI�7S The following resolutions were, on _toll call, unanimously adopted: 1. Directing the Payment of Hills. 2. For Hearing on Proposed Assessmrent: Local Improvement No. 59. 1. Requesting Sidewalk Amendment 'to Municipal State Aid Laws. On motion of Councilman Peterson, Seconded by Councilman wohlers, the meeting adjourned at 10:22 P. M. Mayor • • • • :356 i • • • Council Chamber Stillwater. Minnesota Special Meeting March 1, 1967 8s00 P. M. The meeting was called to order by. President Powell. Present: Councilmen Melstrom, Nolide, Peterson, Wohlers, and President Powell. Absent: City Administrator Also Present: County Commissioner_a Tibbetts, Wright and Pederson, and County Attorney John Thoreen. (Commissioner Schaefer arrived late). The purpose of this meeting was Ur discuss with the County Commissioners the proposed Washington County Municipal Court Bill. Mr. Thoreen: This is the same bun basically that we were working on two years ago; it's based on the Hennepin County Bill in practice since the last Legislature. Some changes wiill have to be made to modify and improve on it to fit this county. That's the background of the thing. Mr. Thoreen then read the Bill section by section and explained various terms and conditions contained therein; The Council and Board members asked questions as the bill was read. It was explained that the jurisdtiction of the Court under the new bill would be $4,000; Mr. Thoresen stated that in his opinion it would not take away the jurisdiction me the District Court. Section 1, B: In addition to the regular places of holding court set forth in clause (a) of this subdivision, hearings and trials before the court without a jury in botin civil and criminal matters may be held in Forest Lake and Mahtomedi and± in such locations as may be designated by the Court; the County of Washington shall provide suitable quarters for the holding of court in sucin locations as provided under this clause". Councilman Balm: Are they going to have a judge who would drive around to different courts? Mr. Thoreen: That's a lot cheapen than bringing all these people in. Councilman Nolde: We are two years behind in the District Court; we aren't taking the District Court anywhere else in the County to save on jury fees. Mr. Thoreen: This is the problem and part of the argument... Mayor Powell: If you are going to have one in Mahtomedi to make someone who isn't going to have a jury triial a little more comfortable. I can't see that. Mr. Thoreen: They would use whatever facilities the JP uses now. but this wouldn't require them to do that; it says 'may' be held. You have got to have in here some authority to holld court there. He can't just go down to any corner and set up his court. Whoever the judge is going to be, he will want to hold court here as it's mulch more convenient, orovided it's avail- able. Mayor Powell: Justice in Washingtton County costs the County $4,500. • • • (March 1, 1967 - continued) • • Commissioner Pederson: An awful llot of money comes in here every month from Washington County plus the $44500. I don't think that anybody really knows what it's going to cost, butt you have this to consider - the matter of service. From Highway 36 south, you have sixty percent of the population; they are entitled to some considerration. Mr. Thoreen: I am fully convinced that if this bill passes I will pay more tax dollars toward a municipal couutt system than I do now - there is no question about that, but I am not happy with the court system the way it is now. Mr. Thoreen proceeded to read the bill; Section 1, subsection 12 stated that all civil actions would be tried in the Washington County Court House unless otherwise pxrovided by the Court. Mr. Thoreen: I think they mean Waashington County Municipal Court; that's what it should mean. That should be eliminated. Councilman Wohlers: I think there should be something in there so a judge can't se_ up court wherever he wants to; we would have courts all over the county - the taxpayers have to pan.- for it. Councilman Nolde: Under this bil:.1 right now, what if he cannot handle it? Mr. Thoreen: We would have to go.back to the legislature and have this bill amended. Councilman Nolde: I think we neeod two judges right now. Commissioner Pederson: In the next Session you might have that, but right now they are starting out with ono' judge. Commissioner Wright: If Washingtoom County doesn't move on this bill they are going to give us a going over.'. If the local government doesn't do it, someone will step in and do it. Commissioner Tibbetts: In polling.; the places down there (southern part of county) they have designated they would like a county court system - each and every one of them. Councilman Nolde: The judge is uPP for reelection in two years; does he have to run for reelection or is he bl:.anketed in for another six years? If you are going to have a county court :system, the City of Stillwater shouldn't jam a judge down the throats of p.tople in the southern part of the county;' he should be elected by the people of the county. Councilman Wohlers: Under this boill, no matter if we have two or three judges, they will have to run countywide? Mr. Thoreen: Yes; I think we shmould check the statutes on this (Section 1, Subdivision 3, paragraph E.) It should be the same as District Court judges. Mayor Powell: There are fifty passes in this bill; we are on page six and it has taken us an hour. Mr. Thoreen: We can skip a lot ooE this, but now we are in the crux of it; what you will be getting questions on, etc. Section 2, Subdivision 8 - Seelaries - Judge to receive annual salary equalling nine/tenths of annual salary paid to District Court judges in Washington County. Commissioner Pederson: We discusesed this rather thoroughly this afternoon and we felt it would be fair. The question was brought up ant this point regarding selection of jurors. That jurors should be selected in and serve in the area where the violator resides soo jurors would not have to travel so far. • • • #5k (March 1, 1967 - continued) • Mr. Thoreen: It would eliminat..e some of the problem and should be incorporated in this bill if it !s going to be changed. If either group recommends they don't want a Co-.unty Municipal Court we shouldn't go into details, but if you are going into it, there are some things you should recommend be changed, particularly on this Cottage Grove thing. Commissioner Pederson: We are either going to recommend or reject the bill tonight as far as we are cconcerned; we can't afford to wait until the 7th when we have our next meeting. Mr. Thoreen: The County Board would like to have the bill read that the term of the judge that's going to take over will begin in 1969; Sandeen will run for reelection in the Eall of 1968. Mayor Powell: That part we go along with. Commissioner Pederson: This isr, in fairness to anyone that wants to run. Mr. Thoreen: Jurisdiction of Conciliation Court under the new Bill will be $250.00 instead of $100.00. Councilman Peterson: Accordingg to the bill, the juage wouldn't have to serve one day as judge of conci.iliation court if he didn't want to; he can appoint someone to sit as reformed Mr. Thoreen: I would like to same that also with the approval of the County Board - this way no one has anything to say about it. Mayor Powell: The Board shouldf say this can only be done when the case load is too great. It's alright in there as long as the Board is aware of it and knows what the score is. Mr. Thoreen: We will change it= to 'judge may appoint referee with the approval of the County Board', or something like that. The filing fee for conciliations court will be $1.00 instead of 500; there could be quite an increase in monciliation court cases because there is no place else to go under this billl. Mayor Powell: What if this wens entirely eliminated from the bill and everyone had their own conciliaetion court? Mr. Thoreen: Then you would heave to have a clerk in each place and it would really be expensive. This way you have the same administrative people doing all of the work. Councilman Wohlers: You could amend that two years from now if you had to, couldn't you? Commissioner Pederson: I do believe that two years from now there are going to be some bugs in this tthing and we can make some changes then. Mayor Powell: I think we are ggoing to find that the Court system including everything is going to be a fan greater job than we are thinking in the beginning. Councilman Peterson: This bi17e doesn't say anything about a special judge; you could have in there that a special judge be appointed at a salary of $25 or $30 per day. Councilman Nolde: When there in a big case load have this man come in. Councilman Peterson: Does the County have any idea of what this is going to cost? Commissioner Pederson: Your guises is as good as outs. • • MMa cn 1, 1,0, Cw,61fUCUJ • Councilman Peterson: It will be $:50,000 or $60,000 easy. You are taping about parking fines (Section 3, Susbdivision 6, paragraph D) that would go into a fund and half would be sent: back to the community. I can't see why you can't leave the fines in the commmunity where the violation took place. Commissioner Pederson: If each coonnunity could keep their own parking fines, that would be fine. Mayor Powell: You are going to destermine whether or not you will approve the County Court Bill in pries/pelf; if we approve or disapprove it in principal, it may have some bearing on what you do? Commissioner Pederson: No. Two wears ago we said we would not pass a resolution unless we received one from you first; nothing was ever done on it and this time we will go ahead one way or the other. I don't think the cooperation between the City of Sttil lwater and the County Board has been too -., good, especially where the County Court House is in your city and we have a lot of things in common. I think there should be closer cooperation between the two. Mayor Powell: A meeting like toniight makes things easier. The County Board then adjourned to another room to vote on the bill.. The Council remained in the Member and discussed the matter further. Mayor Powell: If we approve it wee want to state that we approve of it in principal. That we would like to pass definitely on it after it's put into its final form. Councilman Peterson: Bow can we :approve of it before we know what it's going to cost? Before I approve anything in principal...the bill says the City of Stillwater 'shall' provide facilities, but just until such time as' the County can provide other facirities; how long is that? We are up in the air. We et with all this room tttat wouldn't be used. Councilman Nolde: The parking fines - we should break it down as to what it's costing us to maintain meters, etc. we would get only $2,000 of what we now put in. Councilman Peterson: I think our facilities here are worth $500.00 per month. Councilman Nolde: That's another thing - how can we approve a bill when we don't know what they will pay us? Councilman Peterson: I think thatt financially we are going to come out further ahead, but I can't see apgproving a pig in a poke: unless they say they want our facilities for ten oar twenty years. Councilman Melstrom: In ten years: you will need these offices for municipal work. If we don't approve it the County can still introduce a resolution approving it. The only room I sass concerned about is this room; The County isn't in a position to build a courthouse for quite some time. Councilman Nolde: Why don't we f:ind out how they feel and we will give them our answer in the morning. Mayor Powell: We have got to realize that the court system we have today is good today, but in a few years it" s definitely going to be too small. Councilman Peterson: Ask them wheat they think - how much time we would have and how much money they would pay us for rent. 10:58 P. M. - County Commissic ners returned to Council Chamber • • (Marsh 1, 1967 - continued) Mayor Powell: We have two thinges we would like to have clarified by the County Board. We feel, and I thiink we are justified in this, that the fact that we built this installation with the thought of having a court to provide for, we would like sorme assurance that it would be used as a court facility for quite some time. Commissioner Pederson: The only thing I can say is, we intend to use this until we have our own court. Itaright be five years or it might be ten years. Councilman Peterson: We would 1_ike to have some specific period of time so we know where we are going. 'The bill provides that we 'shall' provide facilities until the judge feelss they need other facilities. This could be twenty years or it could be one day. Commissioner Pederson: As far aas I am concerned we will use this until our new court up there is built. Wes have had two bond issues defeated already for a new court house; the only time I as a member of the Board will ever go out again for a bond issue wiill be when a lot of people come up to me and say they want a bond issue. Councilman Nolde: Isn't there ea law that says a judge can demand that you build facilities? Mr. Thoreen: There is a law, burnt if you don't have the money you can't do it. Councilman Nolde: If the peoples have been defeating bond issues, this is one way ofgetting it passed - iif the judges refuse to hold court. Commissioner Pederson: We can only levy three mills for a building fund - we've used our funds for the nose office building and we will have to start over again from scratch. Mayor Powell: The second thing we would like to have is all parking fines returned to the City. Commissioner Pederson: Jack has a notation of that; he is going to bring that up. Mayor Powell: What we meant wars that the legislation be changed as presented. Commissioner Pederson: I will tttxy to get Howard (Albertson) to change that. The Board was unanimously in flavor of having parking fines returned to the municipality. Mayor Powell: Will you permit ras till tomorrow to give you our answer? Councilman Nolde: We were going to ask how much rent they would give us. Commissioner Pederson: I will :say I imagine this should be worked out at so much per square foot. Get snumeone in here to come up with a legitimate rent - measure space. You have: a beautiful building and we don't want to beat you down. If we entere•:d into a lease today, our terms are up in two years from now. I would li:ice to suggest that you get someone here who knows about rentals in this areea. You can justify this to your people and we can justify it to ours. Mayor Powell: It is reasonablee to assume that you are going to favor this in principal? Commissioner Pederson: Yes; wee just passed a resolution in there now - four ayes - one absent. Mayor Powell: You are going too reserve final judgment until it is redrafted and presented to the legislature? (March 1, 1967 - continued) • ;3Ei L .� Commissioner Pederson: we adoptesd it in principal. Mr. Thoreen: It isn't going to wwork that way from a practical standpoint. this is going to have to go in this week or next week or not at all. I can write a letter saying the Counnty Board has passed a resolution approving the plan for having a County Muniucipal Court System with these changes. The only thing we can put in at this point would be the matter of fines, and the judge's election. we are goofing to be stuck with these other things for the time being. Mayor Powell: We will let you knnaw first thing in the morning. Mr. Thoreen: Albertson, Brown arid O'Dea will want something official. Mayor Powell: We have to have a. companion bill just in case; if this bill doesn't pass the judge's salary !goes back to $3,600 per year under the State Statutes. Commissioner Pederson: We will •wait to see how this comes out. Mr. Thoreen: If the three legis:Latore support this bill and there is no organized opposition from the County, they will get it through or they won't. There isncthing more we can do aebout it. County Commissioners left Coauncil Chambers (11:27 P. M.) Mayor Powell: There are two thi:_ugs we can do; disapprove it or approve it in substance. Or, we can go on record as not disapproving of it. We owe it to them to take action one wavy or the other. We could say we approve of it subject to the final draft. Counciiman Nolde: There is no snore final draft; it will go in with the notation to amend these three timings. Mayor Powell: Then if we are goofing to approve it, we should approve it subject to these changes. Mayor Powell then polled thee Council, asking each member individually "Do you approve it subject to changes, or disapprove it?" Councilman Melstrom: Councilman Peterson: Councilman Nolde: Councilman Wohlers: II approve it. Ndo, I disapprove. ID disapprove it. r approve it. Councilman Nolde: We owe our ciitizens something; we built a new building and court room; they more or lesser indicated they would only use our facilities until they build their own. Mayor Powell: It's a tie. I'm:going to have to vote one way or the other and i don't like it. Councilman Peterson: I have no'doubt that the Commissioners are honorable men and the next Board will be (honorable men. If they say they will give us a fair figure they will give us: a fair figure. Mayor Powell: I know this cour-t is going to be crowded after awhile and I know that there is going to be .a Lot of fault with the new system, but I vote yes because I think in the long: pull it's going to be the right thing. I am not 100% sold. RESOLUTIONS The following resolution was thnen adopted: 1. Approving a Municipal Court: System for the County of Washington, Minnesota (provided that thee following changes are made:) • • `;f • (March 1. 1967 - continued) a. Section 1. Subsection 12 be ellininated b. All fines for parking and standing violations be returned to the City rather than half. c. Judge to be elected at the time his term of office would normally expire (1968) The vote on the above resolution was ::s follows: Councilman Melsttrem: Yes Councilman Ncldes No Councilman Peterson: No Councilman Wohlexrs: Yes Mayor Powell: Yes ADJOURNED)? On motion of Councilman Peterson. seconded by Councilman Melstrom, the meeting adjourned at 11:43 P. M. Mayor 3(') • e Council Chamber Stillwater, Minnesota Special Meeting March 2, 1967 2:00 P. M. The meeting was called to order by President Powell. Present: Councilmen Melstrom, Nol..de, Peterson, Wohlers, and President Powell. Also Present: David Colombo (fire: department), Ronald Johnson (police depart- ment), John Rheinberger, attorney Eor Public Safety Association; Police Chief Alfred Roepke. Mr. Rheinberger: Gentlemen, first: of all the Stillwater public Safety Association is a corporation, and it consistP of all of the members of the fire and police departments of them City of Stillwater; it was tfoformed t dewiwithin the last few weeks. I think you heave been advised by letter was a formation of this corporation and that it would be represented by myself, Mr. Johnson and Mr. Colombo. The request for this meeting is maede pursuant to the Statute -which sets up the manner in which a request is made for a meeting with a governing body (179.50 through 179.58); the requeeet for this informal hearing is inade pur- suant to this Statute. It also seats up the procedure in the event there 1s a dispute Which cannot be settled by the employee group and the municipal body to whom the request is made. The purpose of the meeting is to rrequest of the Council an increase in the wages of the fire and police employees of the City of Stillwater; we have set up our demand in the form of a lettter indicating what it is... Councilman Nolde: Excuse me - thine association we now have - does this include` department heads? Mr. Rheinberger: It does include department heads. I understand there is some question that the chief of a department is eligible to join this group. I have advised these people, basedd on an opinion of the attorney general, that he is eligible. In addition to Mr. Colombo, Mr. Johnson and myself, they asked Nr. Roepke to represent the department. I request that he be per- mittedto speak on their behalf ate well as myself. Mayor Powell: They (department hse ads) are appointed officials. The Council has a strong feeling against this.:, If you are talking of an organisation similar to a labor union, you wou::Ld naturally eliminate any department head or foreman, etc., from belonging to tthe union. Mr. Rheinberger: The department ]Read is eligible to join this association. I checked the law and found that, due to an opinion of the attorney general, he is. On the basis of this I hanre advised these people. Councilman Peterson: We were adv•Lsed that you were going to be representing this Association; a meeting was saet up with you and two officers of this Association - this is the only request we have seen. Mr. Rheinberger: We were at a neeeting which took place subsequently, and Mr. Roepke was also made a representaative. Mayor Powell: How do you feel that a department head can represent the best interests of the City when hae belongs to an association of employees? • (March 2, 1967 - continued) • Mr. Rheinbergers He is also an employee of the City; he has a mutual interest in any wage problems or Ilabor difficulties which involve the department. I assume that for thiis reason the attorney general has de- cided that he is eligible to join., Councilman Melstrom: Have you besot certified by the National Labor Relations Board? Mr. Rheinberger: No; the way thits is set up it is not necessary. Councilman Melstrom: You still h::nve to be recognized by the NLRB. Mr. Rheinberger: I don't believe, so, Mr. Melstrom; the best thing for me to do would be to get the Statute, Book and check it. Councilman Melstrom It is my uneierstanding that any group can be recognized, but should be turned :in so they axe recognized. Mr. Rheinberger then quoted M:hmnesota Statutes, Section 179.52, Subd. 2, as follows: "Public employees shall have +the right to form and join labor or employee organizations, anew shall have the right not to form and join such organizations. Public employees shall have the right to designate representatives for the purpose of meeting and conferring with the governmental agency or representatives designated by it with respect .to grievances and conditions of employment.... Subd. 3 - Organizations of puBllic employees shall be granted recognition by a governmental agency according to the extent to which they represent employees of the governmental agency. Informal recognition shall be granted to any labor or employee organization regardless of thee recognition granted to any other labor or employee organizations. Informal recognition shall give an organization the right to meet with, confer, and otherwise communicate with the governmental agency or its designated representatives on matters of interest to its members. Formal recognition shall be granted *to any labor or employee organization representing a majority of thee employees in an appropriate unit. Formal recognition shall give .an organization the right to meet with, confer and otherwise communicate with the governmental agency or its designated repreesentatives with the object of reaching a settlement applicalBle to all employees of the unit". Mr. Rheinbergers I think from thmis you will probably conclude that it isn't necessary to have any form •oE recognition by the NLRB; the only thing required is that the organi:.sation that appears is represented and that you are satisfied that the oxrganization comprises the majority of the group that is concerned. Apparently there is no question - we represent 100% of all employees of those twee • departments. Mayor Powell: Our only thought w.ts that with the department heads being appointed officials rather than haired, they should not be members of this board. Mr. Rheinberger: That may be the , opinion of this Council but it is not the opinion of the attorney general. Councilman Molds: This is somethming that should be checked out. Mr. Rheinberger: No employee has. to join the organization, but in this case the question was asked if the dep:•ertment heads were eligible. Mt. Roepke and Mr. Cormier are both members eof this group. Mayor Powell: I think if they aree nembers the Council is going to take a long hard look at whether they wiIil be chiefs. Councilman Peterson: Do you have the minutes of the meeting where Mr. Roepke was also designated as a reepresentative? Mr. Rheinberger: Yes, we do. • • •• (March 2, 1967 - continued° �(;5 . Mayor Powell: I think this is fines for everybody except the department heads. Councilman Nolde: If we were notif3ied that we were going to meet with department heads we would have had our attorney do some research. The department `.cads over the years haven been a buffer between employees and the Council - more or less neutral. Mr. Rheinberger: He is entitled too be a member of the group. If you feel that Mr. "oepke, being a department head, ethically should not be a represen- tative of this group in its appearance before the Council, you may be right. we don't feel that it is essential that he be here except that he knows more about the background and facts than any other representative of this group. You were informed who the representatives would be, but in an interim meeting Mr. Roepke was also designated to lie a representative. Mayor Powell: Men in the departmeiut negotiate for their wages - the Chief's wages depends on the efficiency wilt& which he runs his department; in that respect they are quite far apart. Mr. Rheinberger: We don't want to get in any difficulty with the Council in requesting this, but I do say this is a matter between the organization as to who its representatives should be — not the Council. He was appointed to represent the association at a meeting of the Board of Directors on February 23rd. We will proceed at least for the prsesent in going along with what we feel is a reasonable request - withc:t Mr. Foepke's services - if the Council feels he should not be recognized. Councilman Peterson: I think it would be fair. Councilman Wohlers: The Fire Chien( isn't here. Councilman Peterson: The firechief wasn't designated as a representative. Mayor Powell: Last night we talkedd about this meeting; it was the feeling of the Council that no department Meads should be in on this. If they are going to handle affairs of the City/ as representatives of the City, they can't be in on this. Their wages aren't going to be determined by what this association does. Mr. Rheinberger: He is eligible tm be a member of this association; it's up to the organization to appoint theta own... Mayor Powell: If he does this, he isn't acting as Chief then - he is acting on both teams. You are either labour or management - can't be both. The Council will have no part of this. Councilman Nolde: The fact that wee got the letter that Mr. Colombo, Mr. Johnson and you were going to be reepresentatives appearing before the Council.. I am not prepared as a councilman tto do any negotiating until we have our attorney here to check out some of the legal aspects. I would just like to say that the City should have a day or two to Sit down with our attorney to see what we can do and what we cannot do. Mayor Powell: In order to have this meeting achieve what it was designed for, you have a proposal to present - wee can hear it and meet again later. Mr. Rheinberger: This is a preliminary meeting anyway. Councilman Nolde: I would like to lave it in the record that the spokesmen were Mr. Colombo, Mr. Johnson and Mir. Rheinberger. I wouldn't want it that the Chiefs are representing their men. Mayor Powell: I think we will have to insist on this; if he cannot be a Chief then we will have to get another CMie f. Mr. Rheinberger: Let's assume this - he has the right to join an employee's organization... • e • • 31;1? • (March 2, 1967 - continued) • r • Mayor Powell: But look at it this wilt - you can't represent both sides on a case. If there was a public sa:ffety director over him who was in control... Mr. Roepke: I will leave so you Mayor Powell: You might as well know how we feel. Councilman Nolde: We don't want can, continue this meeting. stay now as long as you are here, but you you: to think this is a threat or anything. Mr. Roepke: What is it but a threat2P Councilman Nolde: Well, if you thirmk Mr. Roepke: Regardless of what I do• the City. You haven't even heard thte it's a threat, then it's a threat.. it's always for the best interest of proposal - it may be a good one. Councilman Peterson: He has been designated by the organization, but not to us - until now. Mayor Powell: He is the boss of thee police department. Councilman Nolde: You don't see thee Highway Commissioner belonging to the same union as the highway emp1.oyees-. Mr. Rheinberger: We didn't know thaat your attorney wasn't going to be here. Mr. Roepke has left. I will express the request of the employees, but this is one thing I would like your attorney to check out. The proposal is that all regular empployeea of the Police Department receive an increase of $20.00 per month. Arse all regular employees of the Fire Department receive an increase of $Z5.00 per month, both of which would be retroactive to January 1, 1967. In addition, all off duty police and firemen having to return to work for another/ officer on vacation would be compensated for such work on an hourly or daily basis, whichever is most feasible. - The Association has set up as to whamt this proposed increase would mean in dollars and cents as to the cost to the City is concerned. The total require- ment, based on cost we have given irs way of proposal, would amount to $57,960.00 for the Police Department-) in total wages. The budget to handle compensation of police is $61,960.000 exclusive of equipment, etc. The balance not used by the department would.be $4,000 as already allocated. I mis-spoke - that was the amount tlAat wouldbe required under the present salary scale - $57,960.00; there is $4,000 which is not being used. Councilman Wohiers: Is the cost of ' the new car included in that budget? Mayor Powell: This is for the pers.:anal services. Mr. Rheinberger: There is $4,000 neat being used - at $20.00 per man in the police department there would be an, additional increase in this budget of $1,920.00. Councilman Peterson: Would that be: entirely correct? There is no provision in there for men being paid while weerking for someone on vacation, etc. Mr. Rheinberger: That's including -vacation pay. (At this point in the meeting, Philip Eastwood, City Attorney, arrived.) Mayor Powell: Phil, we are having a discussion about department heads belonging to this Association. Acceording to Mr. Rheinberger they can be members. It's the Council's feeling that they can't be a department head and also be a member. we feel they have a responsibility to City government. • • • • • (March 2, 1967 - continued) • h -- Mr. Eastwood: The Mayor couldn't be any more right. Anybody in a supervisory capacity is a direct agent of you, gentlemen; this is my own belief. As to law, they may be entitled to beloang. Mayor Powell: Can they disregard! this and belong anyway? Mr. Eastwood: They can belong. Mr. Rheinberger: The next questi._on that came up is, can they represent the organization? Mr. Eastwood: In some instances - they do, but how can they be agents of an elected body and at the same time: come in as agents of employees? Legally, there is no problem. Councilman Wohlers: He was. appoi:ated Chief of Police; now this comes along. Mr. Colombo: All police and fires are appointed. Mr. Johnson: Mr. Roepke is not claming up as the Police Chief; he is coming up as one of us. Mayor Powell: we would like to have him represent the City. We would presume that we would have the Chief to aeivise us as to the needs in his department as a part of City management. a Councilman Nolde: The Chief is titre only one who can answer the questions. Mr. Colombo: I think it's going -to cause hard feelings. Councilman Melstrom: I feel he c:an be a member of the organization, but cannot be a representative. Councilman Peterson: Should he ethically be a spokesman? Mayor Powell: When we negotiate, we know we are not going to negotiate with just your departments - it's going to be the whole affair. Say you go out and get drunk whil..e you are supposed to be on duty - it's his duty to suspend you, etc., but as: a union man he isn't going to be able to do that. Mr. Eastwood: I feel he owes hiss duties to the City - his]oyalty has to be to the elected officials who appooint him. Councilman Peterson: You can sees our point. Where are we going to go with I your recommendations? If we don' have a police chief 100% of the time it's i — difficult for him too. It puts hsim in a bad situation. Mayor Powell: We think he is doiiag a fine job and want to continue to see him do a good job. I wouldn't like to see him in your organization - he would not hurt himself by not being a membeer. me. Johnson: This is the first caseation that arose when we formed the association... Mayor Powell: We certainly- aren"t going to save a few nickels by not raising the Chief's salary if you get a r:nise. He still is our representative and we feel it should be this way. Mr. Colombo: But still he has too represent his men too. Mayor Powell: That's right, but -the cost of the department doesn't mean it's an efficient department. The amo-,ant of training that you get, etc. - that's efficiency too. Mr. Rheinberger: This is a matte:.r he must personally resolve himself. • • • (March 2, 1967 - continued) • Mr. Eastwood: The Council should woice its own opinion to him. Mayor Powell: We did this before ldou arrived. Councilman Peterson: It's not a gwestion of not wanting to deal with him... Mayor Powell: We don't want him too sell you down the river and we don't want you to sell him down the riven. Mr. Rheinberger: Getting back to tithe item of $20.00 per man - it would increase the $57,960 by $1,920; as far as payment for performance of duty for men who are sick or on vacation, the additional cost would be $2,100 - a total of $61,980. As far as the Fire Department that figure is $1,800; for the men to fill in, it would be an additional $1,5000. The money allocated for personal wages was $45,835 - the needs basechl on salary existing would come to $41,685, leaving a balance of $4,1 50. Additional cost for fire department would be a total of $3,300. The additional amount allocated was $4,150 - this increase would come within thee budget figure. We know you setup this present budget and don't ask that the budget be extended beyond the figure; since the requests does come within the budget figure we ask that they be paid thfis increase within the budget itself. The basis for the increase is they have not had an increase for a period of two years. All we are asking for i.is cost of living increase. Percentage wise it seems to be a very reasonabole figure - four percent. Councilman Peterson: You are stetting that these men have not had an increase in two years - all of them have had8 step increases based on period of service. I want that for the record so it dooesn't appear that they were not getting increases anywhere. Mayor Powell: We had a meeting at the end of the year where we explained our predicament. You have seen a spot in the budget where youcouldhave an increase, but there are budgets with no room for increases. We are $12,000 in the red on snow removal this yeas:; it would be nice to think that some of this could -come out of that $4,000 instead of going furtherinto debt. If we give the police and firemen as raise, the street department will want a raise. The office girls did not get a raise and neither did the department heads. We said we would consider the possibility of a raise during the next budget and we are going to be able to do it. We find that we can give you a riase next year, but how we can do it prior to that I don't know. We are going to have to levy more taxes next year - the taxes will go up; salary increases alone will probablly be five milts. Councilman Peterson: This money al!L comes out of the general fund regardless of where it is allocated; it all coenes out of the same pot. Mr. Rheinberger: we are requesting: this not because it comes entirely within the budget, but it is the feseling of the police employees and fire employees at the present time that they are underpaid in proportion to municipalities of like size in the 'metropolitan area. Mayor Powell: This is true, but we: have men in the street department who are taking home $75.00 per week. I.:E we were to increase you $20.00 it would be awfully hard not to increase therm $20.00 because they are getting less to live on than you are. Councilman Peterson: They made a proposal with step increases; they felt that whenever there was a general increase they would get an increase also, but this year, because we are trying to make up a deficit we said no one would get an increase. • • (March 2, 1967 - continued) Mr. Rheinberger: We represent them police and fire employees. We are con- cerned only with those people as tax as an increase is concerned. We are not carrying the ball for anyone em2se; we are not concerned with the street employees or anyone else - they tHemselves will appear before the Council. Councilman Peterson: But we represent all of them. Mr. Rheinberger: That's right - rou must find the money. We come before you in good faith and are entitleod to an increase based on the work performed compared to like municipalities inn the metropolitan area. Mr. Eastwood: When Mr. Swanson waas here and asked to represent the other employees, Councilman Melstrom told him that this year there would be no increase in any other departments and that they were not going to ask for an increase this year. Mayor Powell: I think that what yyou have to concern yourself with primarily is that somebody has enough money tolive on - they have to come first. Councilman Peterson: It may show in the police and fire departments that there is a little leeway, but in ttlte over all general fund we have to make up this deficit. Mr. Rheinberger: You are not goirag to make up that deficit this year anyway. Enough has been allocated to take care of this increase. You are saying that we are not going to be able to take money allocated for employees because you have to apply it to another deficrit. Mr. Colombo: I think that had somaething to do with other firemen's wages also... also hose purchased out off there that was supposed to be paid for by flood money. Mayor Powell: No - that hose was old hose anyway and most of it was lost during the flood. Councilman Nolde: If we put everyything in the Police Department that should be in the Police Department that surplus wouldn't be there. You have a man working on parking meters and as d9og cather whose salary should come out of the police budget: we are taking kris salary out of parking meters and animal control. Mayor Powell: In the last severall years the police budget has gone up tremendously. Mr. Rheinberger: We make our propposal on the grounds that the wage is not proportionate to wages being paid elsewhere in similar communities. The way you talk, you feel we are right; you say we can't pay this because we don't have the money to pay it, but as a municipality there are ways you can get money. We feel the request is justified and you can take it from this point. Is this a proper request and if itt is you should find the money with which to pay it. Councilman Nolde: We are going to have to meet on this again. Mayor Powell: You are aware of time fact that if any increase is given, it's only right to give it to all depantments. We asked you to bear with us this year and we would make it up to you next year. If we have to give these increases now we are going to finds ourselves in severe financial difficulty because we cannot alter the budget± after it has been turned in. We can't legally do this. It is not consithered an emergency to give someone a raise. We would like to have you understand this and know that we are sincere when we said we would give you a raise next year - we can do it next year. You must grant us that much time; if yvou don't, you will have to banner us because we just haven't got it. We will never pick up the $12,000 deficit from salaries; the thing we can do is levy enough money next year to also pay this deficit and levy enough for • • • (March 2, 1967 - continued) i-, • salaries: we are not going to bankruPpt the City so we can give everybody a $100.00 raise, but we do intend to. be fair. We want you to come before us well in advance of budget time ne::ct year so we will have a lot of time to study it. Councilman Nolde: We are going to hnave to take your proposal now and look through our budget again. Councilman Peterson: Maybe persona') services in the police departmennta� and fire department are understated somewhat, but maybe your supplies expenses are understated. Mr. Rheinberger: This is all we caul ask you to do give us fair consider- ation. Mayor Powell: Iy a9mdoa and lf we idthe eoney e i� ii to you, but bythesaetok nwewould give tto the I would like to see this meeting end on a ficiendly note. For your sake and for our sake, yowl canconsiderhat we said about not having Mr. Roepke represent you - esxP ke up his own onlinhingrlJise hins anhave him mour request and see if mind.The if onlything we wouldWe like you tno do is consider it fits within our present budget. e to Mayor Powell: We will give you a vvrittennoansme wer, butfI woulwould ilikee budget defer this until Mr. Brower comes flack, he maybe able to explain better titan Al or I can; you will be notified. Mr. Rheinberger: Thank you €or menating with us. aTT(l:niN l= On motion of Councilman Peterson, seconded by Councilman Nolde, the meeting adjourned at 3:30 P. M. Mayor Attest: • • ;71_ • Council Chamber Stillwater, Minnesota Regular Meeting Marsch 7, 1967 The meeting was called to order by Preesident Powell. Present: 4:30 P. M. Councilmen Molds, Peterson. 'wohlers, and President Powell. Absent: Councilman Melstrom; City :administrator. UNFINIS1ED BUSINESS (out of order) This was the day and time set to open bids on a new Police Car. The Clerk read the advertisement for bids aloud: The Mayor inquired if the notice for bids was Published, and the Clerk informed the Council that the notice had been published in the Stillwater Evening Gazette. official neomPaPer of the City, on February 170th and February 24th. 1967. The .following bids were then opened and read aloud; Sid No. 1 Stillwater Motor Company Stillwater, Minnesota Total list price $3,019.37 Allowance for 1965 Ford -1.182.37, Total Bid: $1,837.00 bid NO. 2 Erickson Post Company Stillwater, Minnesota Total Discount Price $2,852.04 Allowance for 1965 Ford -1.228.04 Total Bid: $1,624.00 On motion of Councilman Peterson. seeconded by Councilman Nolde, the bids were referred to the Police Chief, CCity Engineer and City Attorney for study and recommendation. APPLICATIONS On motion of Councilman Peterson, sasconded by Councilman wohlers, On and Off Sale 3.2 Beer Licenses were unmated to Ralph B. Otte. 517 North Owens Street, for a period of one year. Crenewal). On motion of Councilman Wohlers, seeeonded by Councilman Nolde, On and Off Sale 3.2 Seer Licenses were grantedf to James E. Meister, 901 South Fourth Street, for a period of one year. (renewal). (March 7, 1967 - continued) On motion of Councilman Wohlers, seconded by Councilman Nolde, an Off Sale 3.2 Beer License was granted to C. H. Felix, 413 South Greeley Street, for a period of one year. leenewal). From Dick Fleming, d/b/a Country Boy? Superette, 808 North Pourth Street, for Off Sale 3.2 Beer Licenee. (fiszst reading - carry over to next meeting). COMMUNICATIONS From Frserks, Sperl, Flynn, Inc., architects, 1780 West Seventh Street, St. Paul, Minnesota, expressing interest in working with Council in the development of projects under considderation (low rent housing for the elderly). Mayor Powell: we should file that and when we get more information we can go through the file and consider this firm. From Donald F. Manguson, Executive VDice President, St. Paul Association of Plumbing, Heating and Mechanical Contractors, in regard to license fees for plumbing contractors. Mr. Rangeson called attention to the fact that in view of the Minnetonka Electric Company vs. Village of Golden Valley case, municipalities would not be authorized to charge a license fee. He also requested that any feels for municipal licenses for plumbing contactors be refunded. No action was taken on this by the CCfty Council at this time. Fran Eugene A. T. Luebker, 1110 Soutar Third Street, requesting an adjustment in sewer rental charge (deue to leak in bathroom fixture). On motion of Councilman Peterson, seconded by Councilman Nolde, an adjust- ment (down to $9.80) was granted. From Howard R. Albertson, State Representative, enclosing copies of two senate files regarding on sale liquocr licenses in the City. Senate File 337 states that not more than five oom sale licenses Mall be issued in any city of the Fourth Class; as a result, the special legislation which. authorized the Lowell Inn to have a Liquor license would be revoked as the City of Stillwater has six On Sale llicenses. Mayor Powell: Do we have to take ane action on this? City Attorneys No; Howard will cheek that and see what special wording was used for the City of Stillwater.. Councilman Peterson: There is nothieg we can do about it. City Attorney: It's in Howard's heeds to see that we can have six licenses. Copy of a letter written to Howard A:lbertson by John Thoreen, County Attorney. in regard to Washington County Municipal Court Bill (Mr. Thoreen set forth in the letter those items :in the proposed bill which the City and County wanted deleted or changed .- see minutes of March 1. 1967 meeting). No further action is necessary at this time. • (March 7, 1967 - continued) II o • • WWI CITY ADMINISTRATOR'S REPORT 1. Discussion - Salary increase: for Russell Wolf, Clerk of Court. Mayor Powell: This is on the agenda, because at the time Russell was hired, he was told that at the beginning of_ 1967 he would be receiving $500.00 per month; we have been apprised of this fact by the Judge. Councilman Peterson: How was it put: in the budget? Mayor Powell: It would be my guess that it was put in at $475.00; the Administrator said he forgot about lit. but said he was aware it was supposed to be $500.00. Councilman Nolde: I don't think it"s too important now anyway if we are going to have a County Municipal Covert in a few months. Why don't we wait until July? On notion of Councilman Mohler*, seconded by Councilman Peterson, the matter was tabled until July 1st, on until the Legislature makes a decision one way or the other on the County »tnicipal Court system. 2. Memo from City Engineer regguesting authorization to send certain employees to schools of instruction. On motion of Councilman Molde, secondaed by Councilman Peterson, authorization was given for the following: John Clarey - to attend Dutch Maim Disease and Shade Tree Maintenance school. John Shelton and Howard Hagen -- to attend School for Supervisors on Street Maintenance and Utiliities Maintenance. 3. Report of City Attorney rewarding levy for general fund purposes (M.S.A. 275.11) Mayor Powell: What this amounts to is. it is legal according to our City Attorney for the City to use the figgate of $54.00 per capita when fixing the mill rate. We can operate under: this and have no problem. City Attorney: The Attorney Generalise office is sending a written opinion confirming this, and you will have Sit soon. 4. Bill in the amount of $599..51 from Stillwater Auditorium Company (carried over from preuatons meeting). City Attorney: They claim negligence on the part of the City; the sewer in back of the theatre broke and water backed up to the sewer and caused property damage. He claims that he paid out $500.00, but if he claims the City is negligent he must file a proper claikm; this he did not do. Mayor Powell: No action is requiredi on this then? City Attorney: No. The next move ihs his. 5. Discuss possibility of purchasing snow removal equipment. Mayor Powell: I spoke to Mr. Brower: on this; he said the only way it could be done is to advertise for bids on the new truck for the Street Department first, and if there is any money leflt we could buy the snow removal equipment. There is no money in the budget for this. The item was tabled until bids cone in on the new truck. • • 874 (Maarch 7, 1967 - continued) • • 6. Police Activity Report for Monoth of February. On motion of Councilman Peterson, seconded by Councilman Wohlers, the Police report was approved and ordered filed. 7. Public Examiners request that. the City Council meet with them on Friday, March 10, 1967, a-.t 4:30 P. M. 8. On motion of Councilman Peterson, seconded by Councilman Molds, the se for truck for the Streeineer was thorized to Department; bidslto be openeds on ononaAprild1, 11, 1967, at 4:30 P. M. 9. Memo from Police Chief Roepke: requesting permission to complete pistol range in basements of Municipal Building. Mayor Powell: They wil/ do the work *themselves; it will amount to approximately $150.00. Chief Roepkes Lights and heat were installed for that purpose. Councilman Peterson: You don't think it will exceed $150.007 Chief Roepke: I don't think so; if itt does we will have to make up the difference, that's all. Councilman Bolds moved that the Police* Department be allowed to complete the pistol range, at a cost 'somewhere.* in the neighborhood of $150.00'. Councilman Peterson seconded the moti._an. 10. Mayor Powell: The Civil Deffense Director was going to appear later this evening with several items for the Council to consider. As he is in the hospital now, perhaps we mould look at these items - just for your information. a. Radio for police emergency uvehiele. b. Consider some kind of pay sochedale for regular firemen and policemen, and engineers for oveextima work in the event of an emergency. c. Consider proposal of Horthwttstern Bag Company for purchase of sandbags. Also, Bemis Bag Company. d. Consider purchasing supply .*f polyethelene liner. e. Consider preparation of time sheets for all truck drivers and all paid help working on flood (if we have one). f. State Civil Defense has recommended that only one contractor be hired to do all work in the event of a flood. g. Consider meeting with merchants regarding cost of flood. Mayor Powell: On this last item, wee had a meeting last Thursday with Dave McNeil of the Chamber of Commerce, Harold Kimmel was there. Jack n seelif, and Ron they willpaythis deficit we have from theare going to work o1965efloodhante to It was discussed that if we have another emergency we would inform the merchants that any help we got would be deducted from the total bill and • • (March 7, 1967 - continued) %375 • .- the rest would be assessed; any employees that are paid should be paid out of that fund. Also, some plans should be made for a *retaining wall for the downtown area. Ron is going to draw some plans. The *reason these plena are being formu- lated is, when Dean asked Harth if the government would participate in another flood, he said, "What have you' done to prevent another flood?". The Council then tabled the above items until W. Charlsen is able to discuss them. DBIBGATIONS OR INDIVIDUALS (out of ordler) Mt. Norman Webb, Carlson Taxi Company:: I would like to have some questions cleared up as to the taxi cab operatiocns. 1 called the City Hall and had thee clarify hours of operation, but II am going beyond that. I was told that if I didn't cooperate with the Charter I would have my license taken away. Councilman Nolde: Who told you that? Mr. Webb: I just heard it. my compet=Stor is closing earlier than I am - MOO .o'clock, but that's his business's - not mine. H. has a transmitterin his home. Basically what he is doing is operating out of his home - he lives in another State (Wisconsin). Councilman Holds: His license is isauced to him for his operation out of Hain Street. Mt tabs Is he or is he not to operaate out of his home? Or solely out of his office? Councilman Peterson: I don't know if we can control anything that happens in Wisconsin. Mr. Webb: Is he or is he not to operaate out of his home? Councilman Peterson: If he lives in Wisconsin, I don't know hew we can tell him not to operate out of his home in Wisconsin. Mt. Webb: The other part I am clearing up with the FCC. There is supposed to be no parking on Win Street - just last week I avoided a head on collision because of his peaking on Hain Street. Mayor Powell. On the parking, if he its doing this, we can only instruct the Chief to inform him or give him a couale tags. W. Webb: I have two spots to park mly vehicles on Main Street. Councilman Wohlerss Then why nhouldn"t he have two on Main Street? Mayor Powell.' He has one on Chestnut and one on Win. City Attorney: But he takes two on Masi* Street, is that it? Mayor Powell: Have the Police Department go down and keep a close watch on it. Mr. Webb: There have been repeated akBuses of different rules that have gone unattended - nothing was done. Councilman Peterson: Write him a letter and indicate to him that upon receipt of this letter, any further viiolations of parking and he is going to be tagged. Also, that unless he complies with this it will have a bearing on the issuance of his licenses. • • (March 7, 1967 - continued) • • • 376 Councilman Molds: If we are going to do this, it should come from the City Attorney's office. City Attorney: I will write the lettter (with copy to Police Chief). Mayor Powell: your other point was btbat he might be using an extra cab? Mr. Webb: I know that for a fact. Mayor Powell: This should be included in the same letter - that it has came to our attention that he is noting five cabs and he is only licenses for four. Councilman Molds: (to Police Chief) Check those license numbers with the Clerk's office. The meeting adjourned to 7:30 P. M.; this portion of the meeting closed at 6:00 P. M. 7:30 P. M. - Me•etinc Reconvened Presents Councilmen Melstrom, Nolde.', Peterson, Wohlers, and President Powell. Opening prayer by Mayor Powell. UNFINISHED BUSINESS .,.. This was the day and time set for He.nring on Proposed Assessment, Local Improvement No. 57 (Street Resurfaci:.ag). The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing wee published, anus the Clerk informed the Councilthat the notice for hearing was published3 in the Stillwater Evening Gazette, official newspaper of the City, on FPebruary 17, 1967, and notices were mailed to all known property owners effected. The Mayor then opened the hearing. Mr. Pierre J. MacDonald 716 South Martha Street When is it going to be finished? I don't like that trench that is 12" wide and 4" deep running in front off my property; it's going to catch water. City Engineers That has nothing to do with the surfacing of the street, is that correct? Mr. MacDonald: It would go from currb to curb. City Engineer: If there is anything3 else that has to be done, the City of Stillwater will do it themselves.. Mr. MacDonald: when? City Engineer: When they have time to do so. Mr. MacDonald: Are we going to be asseeased for that part of the job? • (March 7, 1967 - continued) City Engineer: No, sir. Mr. MacDonald: That's all I wanteod to know - if it will be done, fine and dandy. Mrs. Carl Casanova 415 West Willard Street Sow much is it per foot? City Engineers $1.14 per foot. Mayor Powell: Is there anyone elsaa to be heard? Mr. McDonald and Mrs. Casanova we:ere the only property owners present. There being no one else present, far or against the assessment on Local Improvement No. 57, the Mayor then closed the hearing. (see resolutions). This was the day and time set for hearing on Proposed smsnt, Local Improvement No. 57A (Street Resurfacing). West Willard Street from South Everett Street to south Martha Street). The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published. :and the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gazette. official newspaper of the City, on February 20, 1967, and notices were mailed to all known property owners affected. The Mayor then opened the hearing. No one appeared for or against the :proposed No. 57A. The Mayor then closed the hearing. (see resolutions). sment for Local Improvement PETITIONS From Winslow Chamberlain, Coloniail Investments, Inc., petitioning for vacation of Stillwater Avenue from Owens Street to Carnelian Street. In connection with this petition, Mayor Powell read the minutes of the Stillwater Planning 4 Zoning Com:Siesiom meeting of February 21, 1967, as follows: "Mr. Chamberlain of Colonial Investments returned to this meeting to resubmit their request for the construction of a new apartment complex consisting of 2 - 18 apartment uniits to be built on lots 1 thru 12, block 10, Cooper's Addition, along with s proposed building expansion of Maple Manor Nursing Nome on block 9 of CCooper's Addition. Also requesting the Commission's opinion and recommiend:ntion relative to the condemnation of that part of Stillwater Ave. that is platted between block 9-10, Cooper's Addition running from Oven Street on the west to Carnelian Street on the east. The property fronting this portion of the street is owned by Colonial Investments. The area am described is zoned R-8, two family district. This requires the issuance of a special permit. Mr. Chamberlain presented ploot plans showing location of proposed apartments. parking areas and persepective illustration of a typical apart- ment building. General discussions followed. The Commission is generally • • (March 7, 1967 - continued) interested in that sufficient off-eatreet parking is available and would like to see garages available or fencing to obscure the general parking lot. A requirement to build garages. was not stressed by the Commission because it may be a factor detrimental in the rental costs of the apartment units. Mr. Chamberlain ®toted that garages may be built at a later date depending on the demands of the tennants. Water and sewer are no factor and there would be no assessments for these services placed against adjoining property owners. The Commission was in general accord that this new apartment complex withh the expansion of Maple Manor would enhance this area of Stillwater. The Commission feels that the vacating of Stillwater Ave as previously desscribed is necessary for the expansion and improvement of Maple Manor Restt Rome. A motion by Allen Peterson reocammends that the City Council approve Mr. Chamberlain's proposal of 2 - :18 unit apartment buildings and the addition to Maple Manor Nursing Hose as described on complex plot plan (see exhibits) blocks 9 and 10 of .Cooper's Addition, providing a fence of at least 5 feet in height to obscure the apartment parking area from the driveway entrance to N. B. corrser of parking lot and that Stillwater Avenue be vacated from Owens Street to Carnelian Street for the purpose of expanding Maple Manor Nursing H4oms. Also, that off street parking for Maple Manor employees or visitors The provided for 25 to 30 cars on lots 1, 2. 3 and 4, Block 13, Cooper's .Addition. It is the desire of the Commission that this special permit be requested within ninety days as of! March 7, 1967." Councilman Molds Has this ben c:Leared through the Engineer's office as to feasibility of sewer and water?' Building Inspector: That is alreawly in: they put it in themselves. Councilman Bo1de: I would like too find out from the Engineer. City Engineer: No, sir. Mr. Chamberlain: We talked with the Engineer; he said it was adequate to handle our facilities. City Engineer: We discussed it, nut never resolved anything as to the sine of the apartments or the exact number. There was no mention at that time of any addition to the Maple Manors Nursing Home. Councilman Peterson: This would go into the Owen Street sewer? City Engineer: Yes. I would assume it would. Councilman Peterson: How big is ethe main? City Engineers Eight inches: I elm not see any difficulties arising from this at this time - to this additilon. It is of sufficient depth to accomodate this. Mayor Powell: The first thing wo:nld be to accept the petition and then have a hearing on the vacation of 'the Street. Councilman Moldes I move we follow the recommendations of the Planning & Zoning Commission as to the new• apartment buildings. Councilman Mslstrom seconded the notion. Mayor Powell: Were the property .osmners in the area contacted and were there any objections? Building Inspector: They were nom.:tented regarding the four twelve unit apartments; this does change the (picture to two eighteen unit buildings. Mayor Powell: Did the Planning cconmission consider increased traffic or anything like that? • (March 7, 1967 - continued) .)79 Building Inspectors This was discussed and also the parking situation. He has more than ample parking facililties and has agreed to make a parking lot for employees of the nursing home. Councilman tanding that the is with some is my out them County thera to purchase landin Order ioting straighten the road and build a new 1Bridge. Councilman Melstrom$ I was fortunat.:s in being able to attend the first meeting regarding the apartment comp.Lex; as has been stated here, all problems were discussed at that meeting and were referred back to Mr. Chamberlain so he could come back ina with a definite complex to work on. I do feel we have a competent Planniing a Zoning Commission: they have worked hard and we should follow their recoamemdations. Mayor Powell: How many more people will the new addition to the nursing hams accomodate? Mr. Chamberlain: Seventy-five beds-. When we were talking to the Council before we didn't anticipate an addittion to our nursing home; this has come up since we initially talked here. If the t that we alreStreet ady have?�Wou dr id not Handle it, 'there 1Be any problem doingtithat?o our sewer f le the City Engineer: I see thing, I am sure there is some vaylweCcanatie ittinto ourtpresent system. Mayor Powell: As this is the first .apartment complex we will has have,iit's a good thing that everything be explained and everybody Mr. .Chamberlains When we first discussed it we thought of forty eight units; now we have cut it down to 36 unites, City Engineers I have one point - ler. Chamberlain might want to rescind his original petition to open Stiilmater Avenue from Owen to William Street. Mr. Chamberlains Yes: the reason fan that petition was we had two of the buildings facing the streets when 11 talked to the people in the area their only objection was that they didn't want to see the back end of those buildings. Also, in talking to some of these people, there was some unhappiness among thee that we would think of oopening this street, so I am glad we are not opening it. City Attorney: They can withdraw thheir petition any time they want to. Mr. Chamberlains I will send a letter withdrawing the petition. Mayor Powell: Is there any further: discussion on this? M. Theodore Cole 1219 North William Street I have one or two thoughts about U:his proposal I would like to voice. When the Planning 6 Zoning Commission Meld its recent meeting. I learned about this through a friend: I was surprised -to have learned about it in this way. There was no effort made to publicise th.Ls meeting so the people living in the area would know this was being considered. People in the immediate block knew of it, to be sure, but those of us ins the adjoining block did not. This interested me because what is being proposed is an entirely new concept for the City of approved might lset aaeprecedent for future planr: it has newer been dones before andfuture developmental is I m intensely interested that it be considered in that light; I want the precedent to be a good one. I would be interested in knowing if there is an overall plan for this area of Stilllwater which takes in apartment complexes that could take in 100 people, fifity autos and a 75 bed nursing home addition. • • • This seems like it would make a coonsiderable impact on this part of the City and I am interested in knowing if the proposal was looked at in this view. Mayor Powell: I think the best mmswer would be, we have two members of the Planning & Zoning Commission :here at this meeting and also our Building Inspector: we can ask Chasm. s zoned Building i-fa Inspector: The anything o we ethan thatdwith has toicose before the multi -family (special pey Y Council fax a special permit. I think we had four meetings on this. Mayor Powell: What are the possiibiLities of anothher businessso thatcoming inght n there to service what you have? Is there any lanhappen? Building Inspector: No. not at tthis time. Butthatdoesn't mean that someone couldn't come in and buy' the whole block, but that would be another problem that would have .to be dealt with at the time. Mayor Powell: The Planning Commission meetings are not really closed meet- ings, but perhaps in the future it may be a good idea that some notices be given to the newspaper, or you could call the municipal building. M. Chamberlains In reading your ordinances, etc., there are only certain things that could be built in thtis area, otherwise there have itouto beezy en a rezoning of the property. I ct visualize any type of service thing being built to service our home ni in addition to that, thefortfortunaate and about the nursing home business is that we wish more people a be a lot sand visit the residents - it is diffdicult. There isn't going to traffic. Mayor Powell: The Planning Commission has approached me in regard to a little bit more of an enlarging scope for the Commission; I would think it would be fine if the Commission .would be authorized zized tor oinclude a adw rent e- hensive plan where apartment bu:.Lldings might might be; we don't have this now. Mr. William Hawkinson 1219 North William Street I just want to go along with wheat you are saying here; I am not tryingt there was some to tion throw sole water e ttheree overaat enterprise lan therree•was some debate whether. we at this meeting issa nw acceptethis in ��maCommhalf ission)t was presented. (Mr. Hawkinson I should hope to think that the Planning Commission and the Council would feel obligated, if we are seriooms about improving our communi, in rather avn having an overall look when something new isgoing shouldto be eloped; things are looking at sewers and streets, etc.,requirements of people necessary to having a good restt home. What are the requ'>. going to be living there - witihin the building and outside? As far as the apartment is concerned we should have an idea of what we want this town to look like; i.E it is the right thing for this area, I say let's go ahead and put it up. :but let's know what we are doing before we do it. We had to rush in and :sake a decision on this in an hour and a half. Mr. Chamberlain: We started quite a few months ago on this; I had many meetings with the planning Commission and made several changes. You were at the one meeting. I really felt that there had been quite a bit of discussion involved in this. Mayor Powell: I think it is thine to get these things out, but in my way spentiona it.�tThesmoti nbwasnmmadethe anddebate seconded thatbecause granthe was gone this variance permit. (upon vote being taken, all manors were in favor). • (March 7, 1967 - continued) 0 O 1 • Councilman Peterson: I move we accept* the petition of Colonial Investments for the vacation of Stillwater Avenue /rem Owens Street to Carnelian Street, and that a hearing be held on April led 1967, at 7:30 P. M. Councilman Wohlers seconded the motion. (all in favor). NEW BOSINESS On motion of Councilman Peterson, secoanded by Councilman Nolde, the Building Inspector's report covering :activities during the month of February, 1967, was approved. on motion of Councilman Peterson, seconded by Councilman nelstrom, the following insurance policy was approved: Policy No. BM 822-053-97, issuedlby Employer's Liability Assurance Corporation, Ltd., covering Boiler and machinery in Municipal Building, for the period of February 21, 1967 through February 21, 1970. ($100.000) - premium is $495. Notice of Claim filed against the Cit1.Y on March 1, 1967, by Mrs. Dorothy Johnston. (copies mailed to City Attaorney and grog Agency on March 1, 1967.) Summons and Complaint filed on behalf :ad Mrs. Bessie O'Neil, by Albert 8. Naaum.. (copies mailed to City Attorney and Brog Agency on March 6, 1967). Mayor Powell: At this time we should receive the report of the Police Chief on the bids for the police car, whichovere opened at 4:30 this afternoon. City Attorneys Both bids are in camp=diance with the specifications; the low bidder is Erickson Poet Company. City Engineer: There is still some equipment missing from the truck we purchased from Erickson Post last yea:¢. Mayor Powell: If it pleases the Couneeil, I will call him and tell him that he must get these things in or in the. future we will have to consider him an irresponsible bidder. Councilman Peterson: I move to introduce a resolution accepting the bid of Erickson Post as low bidder for the 1967 Police Car. Councilman Melstrom seconded the noti:un. (all in favor). The Building Inspector requested that: a new calculator be purchased for his office; after discussion. the Council! asked that he get estimates on a used machine and present same at the next :meeting. • • }O • ORDINANCES For Council consideration: Ordinance Regulating Solid Waste Disposal Sites. City Attorney: This is what the :League of Minnesota Municipalities would like to have municipalities adopt:, Mayor Powell: I think it should :be read. Councilman Nolde: If it doesn't conform somewhere along the line to what we are doing now we shouldn't eveen read it. Mayor Powell: You don't have an ordinance to conform to an operation; the operation conforms to the ordinance. The City Attorney then read the ordinance aloud. Mayor Powell, Now that you have read it, does it have what we need? City Attorney: It surely does. Councilman Noldes There is no seems in passing ordinances; there is no way to correct the situation. Wee have a problem now; 'Stillwater Township's ordinance is not taking care of the situation. Mayor Powell: We have a dump outside the City Limits; they are petitioning to be annexed. If thcey come in they have to operate accord- ing to the ordinance or we can doo something about it. You are saying that if it's on the books he will throw up his hands and say he doesn't want any port of it and we will be bacdc in the dump business. The fact that this is liable to happen doesn't :mean we shouldn't have a dump ordinance. No matter what comes out of this ordinance, I think it's something we must do. We are not doing ourselves any good by allowing a dump that isn't being run correctly. I have receivedmany complaints that the garbage isn't being picked up once a week; he is telling them that tam equipment is broken down, and the equipment is broken down at the damp again. Councilman Wilde: This is what I? am getting at; the truck he is picking up with is supposed to have a compactor on it. I told him I would give him a list of government surplus equiipment where he could get a good used truck for not too much money. If wr can't get services there is no sense in continuing on with ordinances. I: would like to leave no room for arguments; if we passed a new ordinance he wail' say, look what you've done since I entered the contract. He is not fulfilling the contract; how do we expect' him to fulfill an ordinance? Thee Council should sit down with him and ask why he isn't picking up the garbasje. There is nothing in the ordinance that says we cannot issue more than one garbage pickup license. Mayor Powell: We have a meeting on Friday at 4:30 with the examiners. Would it be convenient for you too have him come down at 5:30 and we can discuss all of this with him? The Council agreed to meet with MAr. Charlsen at 5:30 P. M. on Friday, March 10, 1967. For Council consideration: Ordinance Regulating and Limiting the Storage of Vehicles and Other Personal Property. (sample ordinance) Mayor Powell: Mr. Roepke says thsLs isn't a particularly good ordinance for the City. I think Mr. Eastwooud is going to draw an ordinance with e • the help of the Police Chief regulatinug snow birds, etc. Everyone should be working on it so it can go into effeact next year. This ordinance here doesn't appear to have everything that: we need. Building inspectors That was my feeli:ag also. RESOWfIONS The following resolutions were on rolE call, unanimously adopted: 1. Directing the Payment of Bills 2. Accepting Bid and Authorizing Execution of Contract (Police Car) 3. Authorizing Payment of Contributory Share and Additional Contribution Dse to Public Employees Retirement Pund. 4. Adopting Assesssant, Local Improvemsent No. 57. 5. Adopting Assessment. Local Improveement No. 57A. The following resolution was to bate repassed this evening: 6. Opposing Seven County Metropolitan_ Government Plan however, after discussion, the Coouncil agreed to table the resolution and.. take no further action until the I1.ill comes up in Committee. ADJOURNMENT On motion of Councilman Peterson, sec.ed by Councilman Nolde, the meeting adjourned at 9:39 P. M. Attest: Mayor • Council Chamber Stillwater, Minnesota MarcEl 10, 1967 4:30 P. M. The meeting was called to order by Presa.dent Powell. Present: Councilmen Melstrom, Holde, wwohlers, and President Powell. Absent: Councilman Peterson. Also Present: Mr. George Anderson and Mr. Paul Steiner, State Public Examiners: Philip Eastwood, City Attorney: Ronald Ehlinger, City Engineer. The Council held at dedsbysthem onion ways possibly Public iimprovingminers atheaope operation suggestions submitted by Y of the City. Mayor Powell stated that Stillwater Township wanted the City of Stillwater to annex the dumpsite awned by Leighton_ Charlsen as Stillwater Township officials feel that the dump is not beiinq run properly as a landfill." It. Leighton Charisen was present at tl@.is meeting: he stated the proposed. ordinance regulating the operations of a landfill dump in the City was not. He said he could possibly work ould not t ssomaeaothernmmeeithoddby agreement mer ntiwithdinanca. Council. No definite action was taken on this matter. After discussion of sewer facilities f.:or the Village of Oak Park Heights, the Council voted, by a vote of two ayes, one nay, to send a letter to Mr. Lyle Smith, Executive Engineer of the 'Water Pollution control Commission, informing him of the City's views on the proposed transportation and treat- ment of sanitary sewage for the contiglsous areas of Oak Park Heights Village and Stillwater Township. ADJ0IUOURHf On motion of Councilman Holde, seconded by Councilman Wohlers, the meeting adjourned at 7:00 P. M. .<. -2)(-1-x- r Mayor "0-1,ven) City Clerk 385 • a Council Chamber Stillwater, Minnesota Regular Meeting March 14, 1967 7:30 P. M. The meeting was called to order by President Powell. Opening prayer by President Powell. Present: Councilmen Melstrom, Nolde. (Peterson, Wohlers, and President Powell. Absent: City Administrator On motion of Councilman Melstrom, seconnded by Councilman Nolde, minutes of the following meetings ware approved: Special Meeting Regular Meeting Regular Meeting Special Meeting Special Meeting January 31, 1967 Febrruary 7, 1967 Febrrnary 14. 1967 Matzoh 1. 1967 Marcch 2, 1967 7:30 P. M. 7:30 P. M. 7:30 P. M. 8:00 P. M. 2:00 P. M. APPLICATIONS On motion of Councilman Nolde, seconded by Councilmen Wohlers, an Off Sale 32 Beer 3.2 North License was grted wasegranted to Dick Sliming, d /a f one year. (CounnttrylBoy S�rette, From Patrick White, 603 hurcItill Beer Licenses.• (first readingt CStreet, for Off carrm overto next regular meeting). 3.2 UNFINISHED BUSINESS (out of order) This was the day and time set for Hea::ring on Proposed Assessment, Local Improvement No. 48-1964, Street Surfacing - west Hancock Street from South Seventh Street to South Holcombe Street: The Clerk read the notice for hearings aloud: the Mayor inquired if the notice for hearing was published, ands the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gazette, official newspaper of the City, on Febbrnary 28, 1967, and a copy was mailed to all known property owners affected) on February 24, 1967. The Mayor then opened the hearing. No one appeared for or against the proposed assessment for Local Improvement No. 48-1964. Councilman Nolde moved that the assessment for this improvement be payable over a period of five years; Councilmman Peterson seconded the motion. (all in favor). The Mayor then closed the hearing. Oleee resolutions). • • :38f) • (March 14, 1967 - continued) i-^ • e This was the day and time set for Hearing on Proposed Assessment, Local Improvement No. 55 6 56-1965; Street Surfacing, Storm Sewer, Wateramin extensions and other appurtenances -.West Myrtle Street from Fifth Street to Owens Street. and West Pine Street from Louth Seeley Street to C.S.A.H. #5; The Clerk read the notice for hearing, aloud; the Mayor inquired if the notice for hearing was published, anal the Clerk informed the Council that the notice for hearing was published) in the Stillwater Evening Gazette, official newspaper of the City, on February 28, 1967, and a copy was mailed to all known property owners affected on February 24, 1967. The Mayor then opened the hearing. Mr. Gerald Groth: Give us the total) cost of surfacing, the state aid portion and what the total is assessaed to property owners on Myrtle and Pine Streets, please. City Engineer: I will try; the totaal cost for both projects - Pine and Myrtle Streets, was $275,575.53. Thee street surfacing itself on Pine Street was $58,963.99; on Myrtle Street the surfacing was $116,635.56 - that's the State Aid participation oat the street surfacing. On Pine Street the assessed cost is N13,228.95; on Myrtle Street the sod cost is $22,985.69. Mr. Groths What is the State Aid ponrtion? City Engineer: $195,000 when you get engineering in on it - the street surfacing is all they will pay for. They pay 100% on street surfacing. The non -participating costs are $4,6445.O1 as far as the surfacing contract is concerned - that does not include: storm sewer work, removing and re- placing of water services and extens:oon of watermains that were put in. That was under separate contract endives all non -participating. Mr. Louis Christofferson 4. 102 South Sixth Street They lowered the road on Myrtle Strout much lower than it was before. When they cut into the bank they cut into my yard. There has to be a wall there. I talked to the Engineer but i didn't know if I should bring it up here or not. City Engineer: This matter was mentioned to me and this spring when we get the opportunity we will check to ,see what we can do to rectify it. On this project we have $500 we have remained of the contractor's money to correct sodding, etc. Mr. Christoffereen: We do not have tto make another claim? City Engineer: No. Mr. Groth: I have property on Myrtle.. Street - too much. As t understand this, the actual surfacing is entire::Ly taken care of by State Aid, is that correct? Other than these small items the bulk of it is taken care of by State Aid? Well, I protested before .and i would like to go on record as saying that for our property, locateod between Harriet and Myrtle (516 West Myrtle Street) there is no access whatsoever to Myrtle Street; we are surrounded by a wall and are 20 to 300 feet above street level. The value did not increase. I would like to exnter a plea that this is an excessive charge for benefits received and I w:i sh to go on record as requesting the Council to give due consideration to that piece of property by reducing the front footage charge. Mr. Alden Johnson 1010 South Sixth Street What is the cost per front foot? • • (March 14, 1967 - continued) :38 • Sam Mayor Powell: $7.00 per front foot:, That was the predetermined cost. The cost of the street, were it to be t. tally d against the property owners, would be $17.00 to $18.00 peer front foot City Engineer: It would be more lilts $22.00 or $24.00 for this type of street. Mayor Powell, The rest is being pa:,Ld for by the State. Councilman Peterson: The State may be paying for this, but this money we are allotted on the basis of State Aid street miles in the City of Stillwater. All of our allotment for a number o•E years has been committed to these two State Aid streets. Mayor Powell: We feel we have a hiigh type street and it should last a long time. Mr. Henry Berglund 517 West Myrtle Street I have no objections so far, but twvo years before this took place the City asked us to put in new front sidewaalks. I paid $200.00 for a new sidewalk, which I propose to deduct from the assessment. We were asked to put it in at that time. Mayor Powell: Your objection will :he considered. Mr. Johnson: What is the duration .of time on this? Mayor Powell: We will determine thaat almost immediately. Ms. Groth: Would you explain the interest charges, please. City Engineer: It is my understand:lag that after this assessment has been adopted you have thirty days in whieh to pay without interest, than I believe you can pay it anytime before it is certified every year, with interest to the date of payment, at six percent., Councilman Peterson: It is simple interest on the unpaid balance. Councilman Peterson then moved that the assessment for Local Improvement No. 55 a 56, 1965 be payable over a periled of ten years; Councilman Molds seconded the motion. (all in favor). Mayor Powell: If no one else wishes to be heard, I will now close the hearing. (see resolutions). This was the day and time set for Hearing on Proposed Assessment, Local Improvement No. 60-1966, Street Surfacing - South Greeley Street from West Myrtle Street to West Churchill Street: The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published, and the Clerk informed the Council that the notice for hearing was published in the Stflllwater Evening Gazette, official news- paper of the City, on February 28,1567, and a copy was mailed to all known property owners affected on February/ 24, 1967. The Mayor then opened the hearing. Mr. A. Ulrich 920 West Pine Street Mr. winger will probably get tiredE of hearing me complain. What is going to happen if something comes up on tchis improvement deal, being that it was 88S • (March 14, 1967 - continued) • • late in the fall that it was completedZ It is my retaining wall that I am complaining about. City Engineer: we also have some of tfhe contractor's money on this project being held back. Mr. Ulrich: I notice that the sidewalilt is up over the old sidewalk; there is about two inches of space between the wall and the sidewalk and I don't think this is right. You were up when they put the wall in and they didn't do a very good job. I want to know if I am protected or if that is something I am going to have taw take care of. City Engineer: That is why we held betk money. Mr. Ulrich: The backfill sunk and the: sod will fall back. City Engineer: He (contractor) will camas in and dress it up, I am sure. Mt. Ulrich: That is all I wanted to Naar. Mr. Johnson 412 South Greeley Street How about the stakes there? Are they to be replaced? City Engineer: Do you mean the property irons on the corners? I didn't know that they weren't replaced, but II will check into it. Mr. Johnson: The water comes up about: two feet on my driveway along the sidewalk. City Engineer: We will have to check that. Mt. Johnson: Are the sewers frozen? City Engineer: Very likely. Mrs. goloff: I have got water standing on my sidewalk; we can't even walk on it. I just hope nobody breaks theiir neck on it - I won't be liable for it. Mayor Powell: The Engineer will make a note to check that out. Councilman Peterson then moved that than ement for Local Improvement No. 60-1966 be payable over a period ore ten years; Councilman Nolde seconded the motion. (all in favor). Mayor Powell then closed the hearing. (see resolutions). Mt. Johnson: will that still be at $70.00 per foot? Mayor Powell: Yes, sir. Mr. Berglund; How about the hydrants in the middle of the sidewalk on Myrtle Street? Mayor Powell: Some of them are to be taken care of, I am sure. I think two are to be moved. Mr. Berglund: The one on Myrtle and Martha is pretty far out in the middle. Mayor Powell: That might be one of titer,. • (March 14, 1967 - continued) 389 • This was the day and time set for Reacting on Proposed Assessment, Local Improvement No. 61-1966 - Street Surfacing - Union Street from East Chestnut Street to East Myrtle Street's The Clerk read the notice for hearing aloud' the Mayor inquired if the notice for hearing was published, "and the Clerk informed the Council that the notice for hearing was published tin the Stillwater Evening Gazette, official newspaper of the City, on Pebtxuary 28, 1967, and a copy was mailed to all known property owners affected on February 24, 1967. The Mayor than opened the hearing. No one appeared for or against the preeposed went for Local Improvemsent No. 61-1965. Councilman Peterson then moved that tills ement be payable over a period of ten years' Councilman Nolde seaonuded the motion. (all in favor). The Mayor then closed the hearing. (flee resolutions). COWUNICATIONS Fros Howard R. Albertson, State Repremeentative, enclosing copy of letter received from Revisor of Statutes in :regard to hospital and medical coverage for Aayor and Council members while i:n office. The Revisor of Statutes stated that 1•egislation was already in effect which would allow the City to pay for this *coverage. From Francis Holm, 210 North Owens Sexiest, Stillwater, Minnesota, requesting adjustment in sewer rental charge. on motion of Councilman Molds, secondeed by Councilman Melstrom, the adjustment was granted. (from $9.00 down to $5.000). From Griffon Wellpoint Corporation, Hdopkins, Minnesota, stating are available if needed during a flood emergency' however, they ordered promptly. Mayor Powell suggested that the letteer be forwarded to the Civil Defense Director. that pumps should be From Layton Landstrom, Lystad Extermi.,mators, stating he had inspected and baited the old dumpsite for rats. From Winslow R. Chamberlain, Colonial' Investments, Inc., withdrawing petition dated August 12, 1965, for the opening of North Stillwater Avenue from North Owens to Williams Street. (Colonial Investments has submitted as new petition requesting the vacation of this street). • • 3y0 (March 14, 1967 - continued) • From League of Minnesota Municipal-ities, Metropolitan Section, stating that several committees have been :appointed to study various bills, affecting amicipalities, in the lenyislature. Also, that any council members interested can receive infeermation if they so desire. No action was taken on this conmmirication._ From State of Minnesota, Department of Military Affairs. informing the City of Stillwater that Federal ausditors will be in Minnesota starting March 12, 1967. to perform audits on flood accounts, the City of Stillwater to be included. From Ralph B. otte, Sappy's Harbor_. requesting adjustment in sewer rental charge. On motion of Councilman Peterson, seconded by Councilman Woblers, the adjustment was granted. (Prom $399.75 to $20.50). DELEGATIONS OR INDIVIDUALS See Page 392. CITY ADMINISTRATOR'S REPORT 1. Report of Mr. Ted Gillen,. Auxiliary Police Chief. in regard to request submitted by Civil! Defense for funds to purchase a radio for the new Civil Defense van. - Mr. Gillen: I have a quotation one a used piece of equipment which is relatively new. We are looking foot a radio for the van; we tried using the portable from the regular poliece department but it does not work out. The quotation we have is $335.00. I have also spot checked some other busi and they all run about the same. Mayor Powell: I talked to the Civvil Defense Director today by telephone; he said there was a balance left cover from last year so the approximate balance in your fund now is $1100.. I will look into the budget and see if this figure is correct. Mr. Gillen: The only other piece of equipment we would like to propose this year is an electronic alarm seiren on that van; the estimated cost of that is $169.50. Mayor Powell: We will check the ffigures; if there is money available we can notify you one way or the pother. We will do what we can afford to do. ar. Gillen: I hope we don't have any flood conditions this month, but just in case, looking at the time element, we would like a decision soon. 2. Discuss possibility of hiring new janitor for Municipal Building. • • • e (March 14, 1967 - continued) 89 I • Mayor Powell: Mr. Crowley has asked to boo relieved ofihiseduuties askjanitor; he would like to start his new job next Monday. He saoof the building before and after his regular working hours until we can find a replacement for him. Councilman Mohlers: Is Eddie McKnight corning back? Mayor Powell: I can't answer that, but _1 feel we should check into this before hiring another man. We should haste a special meeting to discuss this. Councilman Wohlers: Ihfershould00 n.ideer er paying a man a decent salary; you can't get a good janitor on f Crowley as custoddianaof theaoMunicipal BuildinggeeffesctiveaMarch 120,o1 1967, and that he be allowed to accept this other position and work here until we find a re- placement. Councilman Mohlers seconded the motion. Councilmen Molds: Did anyone talk to hilt' about putting the salary where it should be? Mayor Powell: This was mentioned to hies, but the work he is going into is what he likes to do best. 3. Memo from City Engineer regardlLng Director of Recreational Facilities, as follows: "As per the information received firm the Public Examiners, I would like to request that consideration be given to reimbursing Mr. Joel Richard Blekum for the use of his own lvehvehicle m lesfor thtee thadischarge of his duties as a city employee. averages approximately 450 miles Peer month. At a rate of $0.0711 per mount this hisd amount wto ould31005 per lie appropriate e• I believe that and satisfactory to Mt.unt nearmthis figureshoeaiid on a verified account form and to Ma. edeas This ioouto be P the examiners. not added as an addition to the saalery, as stated by If acted on favorably, I would *unmet that this be made effective as of March 1, 1967s. Councilman Mold*: I would like to mak a the motion that we pay Mr. Elekum $30.00 per month car expenses. Councilman Peterson seconded the motion. (all in favor). 4. Memo from Fire Chief Cormier reminding Council members of Fire ay, March 21, Department 9:3open P house., and stating thatheld on uhedhoped all Council7members0 world be able to attend. The Council decided to meet at 7:00 P., M. on Tuesday. March 21st, to discuss hiring of a new janitor, and also to .discuss further the possibility of purchasing the radio for the Civil Deffense van; after said meeting they will attend the Fire Department open house:, e..,•aus.SME53 1. Report of Charles Thompson sin regard to cost of calculator for use in his office. Mr. Thompson reported that a used Frflden calculator, reconditioned with guarantee and service, would cost $5850; a new calculator would cost $870. • • :392 e (March 14, 1967- continued) • Councilman Molds: I would like to masks a motion that we allow this expense being that the tax assessor'sa office is the backbone of the community and he is going to have to have equipment to do the job. Mayor Powell: I know you need it, bunt if we allowed br it in the next budget... City Engineer: This item has come up; every year for the past eight years and there never has been anything dome about it. Councilman Nolde: You can't have any/ errors in citizen's taxes; he has to have the equipment. Councilman Meletrom: We have one preoblem; we have stressed the fact that we are going to stay within our budget: if there is some way we can get away without this calculator this yeaar, we should. After further discussion, Councilman Bolds moved that the calculator now in the bookkeeper's office shouted be transferred to the assessor's office, as the bookkeeping department only has use for it a few times a year. Councilman Peterson seconded the moti.iom. (all in favor). 2. Report of City Engineer andlCity Attorney regarding Gib Swanson property at Lily Lake. City Engineer: They proposed that wee buy a fifty foot strip of land which we now have to storm sewer limes running overt the property is use- less as far as building purposes, butt we would have need for it. They also request that the City maintain thee Line as near as possible to what it was previous to installation of tills storm sewers as we are going to have a lot of silt; this I believe is on_iy fair and equitable. The price is something like $2,000. Mayor Powell: That is the figure that Mr. Swanson mentioned to me; however, I think we should have the City Attonrney here. Councilman Peterson: We will have tea have appraisals on that land anyway. The item was then tabled until the C.:Lty Attorney could be present. DELEGATIONS OR INDIVIDUALS (out of carder) Mr. Charles Swenson, International :ram of Operating Engineers appeared before the Council at this time. Mr. Swenson: I want to express my thanks to the Council for granting our request without going through thne State labor conciliator: there is always a certain amount of good feeuings if it does not have to go through an election. On behalf of myself arra the people I represent, I want to thank you for the action taken by tine Council. I have a rough draft here of a Memo of Understanding. I certainly understand that this governing body is not in a position at this time to take any action this evening, or within two or three weeks. I would like to leave these copies of the Memo off Understanding with you. We attempt to put this into effect with the communities; this is for your consideration and if there are any questions I wilfll do my best to answer them. When I appear before you at the next meeting, I am sure you will have a lot of questions you will want to bring up.. • • (March 14, 1967 - continued) :393 • Mr. Swenson then read briefly through tee Memo of Understanding, which is in effect the demands being made by moaners of the Street and Sewer Depart- ments of the City. Mr. Swenson: If there is any area in which you think we are too 'conservative' in our requests, please feel free to increase them. Mayor Powell: I think we should read ttbts and digest it. As I understand it the negotiations will begin in time: for the next budget sessions. Mr. Swenson: Yes: possibly there are :some areas we can discuss that could be put into affect, other than wages, !Prior to the next budget meeting. Mayor Powell: When we negotiate this. we can give you what we feel is important to our side, etc., is that agreeable? Mr. Swenson: Yes. NEW BUSINESS Councilman Wohlers: It was brought tco my attention by Mr. Martin that on Myrtle Street and Sixth there is a messy of holes there. Whether the studded tires are doing it, I don't know. City Engineer: We will not check to setreets until it has cleared up in the spring and the frost is gone. The City Engineer reported that Northern States Power Company has requested permission to moor a showboat on the south side of the bridge at Lowell Park for one day, on June 22, 1967. City Engineer: This is a gimmick dean for their dealers in this area: it is probably more for them than the general public. Councilman Peterson: 1 move permissics be granted to moor the showboat. Councilman wohlers seconded the motion. (all in favor). On motion of Councilman Peterson, seconded by Councilman Nolde, the following collateral, pledged by the :First National Bank of Stillwater to aacuts City deposits, was approved: $100,000 U. S. Govt. Bond Bonds 894 duee 11/1S/73 $100,000 Federal Land Banks 4-3J/476 due 8/21/67 $100,000 Federal Land Banks 5-7.'/8M due 12/20/67 $100,000 Federal Intermediate C::redit Banks 5.95 due 8/1/67 ORDINANCES None • 394 (March 14, 1967 conunuc.., r • RESOLUTIONS Mayor Powell: Before we pass the resolutions adopting the assessments, Mr. Groth stated he would like to have a reduction in his ement, and Mr. Berglund said he wants to be rei:v:bursed for putting in his own sidewalk. To your knowledge, has there sewer been a notice sent to property owners to improve their sidewalks? Councilman Melstrom: I put in a sidewalkk in front of my house at the request of the City Council seven or eigltl:t years ago. Building Inspector: They were sent out Mayor Powell: Nothing since then? Building Inspector: No. Erom the Engineer's office in 1958. Mayor Powell: Mr. Groth feels he is nott being benefited by the street running along his property. Councilman Peterson: He may feel he is not being benefited, but his tenu ants are being benefited: they do we the street many, many t Mr. Groth did not submit any appraisal :showing his property was not benefited, so I don't feel we should gi•.re him any reductions in the rate. Mayor Powell: We will now act on the ressolutions. The following resolutions were, on roll: call, unanimously adopted: 1. Adopting meant. Local iaprovesment No. 48-1964 2. Adopting Assessment, Local Iaprovenent No. 55 a 56-1965 3. Adapting Assessment, Local Improveament No. 60-1966 4. Adopting Assessment, Local Improvement No. 61-1966 5. Approving Employment - Jeanette Lowery ($250.00 per month) 6. Designating Depositories of Public,Funds alga On motion of Councilman Peterson, secmmded by Councilman Melstrom, the meeting adjourned at 9:15 P. M. Mayor )r• • Council Chamber Stillwater, Minnesota Special Meeting March 21, 1967 7:00 P. M. The meeting was called to order bby President Powell. Present: Councilmen Melstrom, Noolde, Peterson, Wohlers, and President Powell. Absent: City Administrator UMPINISILED BUSINESS Mayor Powell: The first item ono the agenda is the hiring of a janitor for the municipal building (to rzeplace William Crowley). I have also received a letter of resignation from Edward McKnight. The Mayor then read the list oof applicants for the position. In light of the fact that some cot Connolly's men may be interested, shall we hold up until April and adverstise this a little more? Bill Crowley said heewill mwill take takeun re it ththe gb�iiild� u til thelet of April. (Connolly Shoe ) The Council then agreed that Urn Mayor should talk to Mr. Reynold West (presently employed in the cibty Street Department), and also Mr. Edward Rcettger, to see if thery would be interested in the position for the sum of $400 per month:; however, this would not eliminate the possibility of interviewing otther applicants. (to be carried over to future meeting). Mayor Powell: We have to makke tomd9 cision on the radio for the Civil Defense vane we have the money Councilman Nolde: Weren't we ®opposed to put some money in the budget to buy radios for the street depaatnent? City Engineer: The money was not appropriated by the City Council: I smelltold Pazendin to go ahead and h if them to someone el e: that was about months and ahe half agohance to sell Councilman Nolde: This money *for the civil defense radio - that comes from the people of the City of Stilllwater - not the federal government. Councilman Wohlers: I will malls a motion to buy it under one condition - that that emergency vehicle be made into an emergency vehicle with the necessary equipment. put the stuff in there that belongs in there. Councilman Molds: If that's a::LL included in his motion, I am going to second it. (all in favor). Mayor Powell: Henry Berglund (517 W. Myrtle Street) called me again, in regard to his assessment for $Irrtle Street. He claims that the City told him he had to put in a new sidewwalk in front of his property and he feels that he should not have to pay an a:asesement for the sidewalk recently installed in connection with the improvement of Myrtle Street. He said that a Mr. Brown • s e 2)6 (March 21, 1967 - continued) • • talked to him personally as a representative of the City and asked that the sidewalk be replaced; Mr. BerglAnd has bills to prove that he put it in in 1960. City Engineer: Since 1959 there have been no orders issued to repair sidewalks. Councilman Peterson: If he received9 this order from Mr. Brown, he was awfully slow at the switch, then. Mayor Powell: I asked Mr. Brower shout this; I said, do you feel Mr. Berglund has any consideration comireg? Mr. Brower said, yes; that the life expectancy of a sidewalk is tweenty years and Mr. Berglund should have two-thirds coming. Councilman Nolde: Other people theft didn't ask for anything - we don't give them any consideration? Mayor Powell: It would be the samei thing as the parking mantas just because they didn't complain, we di,.t not consider them. If the Council feels that they wish to stand with .their decision to leave the assessment the way it is, that's fine with me. The Council agreed that Mr. Bergl-:and should pay the full amen. City Engineers The Methodist Churc i replaced all of their sidewalk on. Myrtle Street plus the curbing; we gave them a line for curbing so that. if the street was ever rebuilt the sidewalk would be in the right place. Mar id told that we wouuld also creditdfor�theowork theyedid,eisae this correct? City Engineer: I don't remember amy such conversation. Mayor Powell: Mr. Brower said theyy made the necessary arrangements for this to be done. Councilman Noldes Now much credit would we allow? Do you have any idea what it would cost? Mayor Powell: Ron. give us a £iguae as to the approximate cost of that sidewalk and we will discuss it at another meeting. The City Attorney was to report oils the City's request for a mill rate increase. City Attorney: Mr. Albertson was .approached on this matter and submitted a resolution to the legislature to. increase the mill rate from 45 mills to a maximum of 55 mills; the last pas-agraph of that resolution had a double request in it. Mr. Jerome Secora of the Attorney General's office stated that he could see no reason why wee asked for this as we came under another Statute - 275.11 - which allows four taxation on a per capita basis. I then spoke to the Mayor and gave has a memo to this effect. On the 23rd of February i received a call from M x. Secora and he agreed that 275.11 was the proper one for the city: I asked him to give us a written opinion; I received the opinion and he has completely reversed his opinion, and now states that we are governed by the laws of 1957 when we asked for special legislation allowing us to go to 445 mills. As a result of all this, I called Mayor Powell and then redramfted the resolution deleting the double situation. The Revisor of Statutes does not want to redraft a bill affect- ing other cities of the Fourth Claws (amended resolution applies only to the City of Stillwater). The new resolution and bill will be given to Mr. Albertson tomorrow. • • • • e (March 21, 1967 - continued) n e • Mayor Powell: We were going to increases it to 55 mills, but I have called Mr. Brower and he feels the same as I, that we should be a little more realistic and set it at 60 mills; this doesn't mean we are going to go out and spend 60 mills. Councilman Peterson: Using the formula we now use we are assessing over fifty-five mills already anyway. The City Attorney was to report on hosipitalization coverage for Mayor and Council members. City Attorney: In a letter received f::rom the Revisor of Statutes, he thought that the Mayor and Council wou::ld be covered under 471.61, which does state in effect that the Council .could be covered for hospital, medical and surgical insurance, but if this was paid it would be deemed as additional compensation. When the Charter was amended it said "Mayor shall receive $400 per month and Council shall receive $300 per month, sol the e payment t per this coverage would have to come out o.E the pay of a month) . I would like to discuss tit with Mr. WlLndhorst, Revisor of Statutes, to see if he took our charter into considerat;Lon when he said this. City Attorney: Yesterday, I talked to. (James) Miley (regarding case of former firemen vs. City); he said he dlLdn•t mean anything by asking for an extension only on the one case (Mr.. Miley and the Stillwater Attorney have asked for extensions jointly in r:�tie past), but asked if there is any- thing that could be done about settling this matter. He said the only reason he had taken these extensions its because a new Council was coming in and he hoped that the new council wwould have a different opinion of settling this matter. As to the four veterans who had a hearing, they may have compensation coming under the District Court ruling - froum date of termination until the hearing, less what they earned. Mr. Miley minds like the opportunity to appear before the Council and argue his position as to why these men should get compen- sation. This Council has previously instated that they were appealing this, but that does not mean that either peaty cannot change its mind. He said what about taking back Caravelie in the fire department. I told him that until litigation is over we cannot hire anybody. He said if you could get tiling coule workd out now because the others lall ia bhave jobsack, e dedon't egive: a damns bI tolde ehim I would bring it before the Council tonight. Mayor Powell: We may have to have a especial meeting. Mayor Powell: The State Civil Defenses would like something in writing to the affect that the City is not going to proceed with the Emergency Operating Center. Councilman Peterson: I move that the Mayor be instructed to send a letter to the State Civil Defense informing *them that we are not planning to proceed with the Emergency Operating Center at.t this time due to lack of funds. Councilman Melstrom seconded the motioon. (all in favor). • • • 398 • (March 21, 1967 - continued) • • Mayor Powell: I got a call from Mr. Council to make a decision as to the (Lily Lake property which Stillwater He wants $2,000 for the right-of-way lakeshore will be cleaned up, etc. Oib Swanson and he would like the Land and right of way problem hes sewer lines running across). end certain guarantees that the Councilman Nolde: I move that the Engineer sit down and work out the necessary agreement with Mr. Swanson as far as keeping the property in a proper state, and that we pay Mr. Swanson $2,000 for his right-of-way. City Engineer: It was my understanding that he would sell us the fifty feet. Councilman Nolde: I withdraw my motiton. Mayor Powell: I asked him if we were buying the property or if it was an easement; he said it was an easement. Councilman Peterson: This should be straightened out before we agree to pay him; I have no objections to the 42,000 for an easement. - City Engineer: He stated that he wanted us to move the sewer line back, but this would be a considerable expeense because that 48' reinforced con- crete pips is anchored together. Mayor Powell: I don't think he will be hard to deal with there. Councilman Nolde: I move that the Ciity Engineer and/City Attorney negotiate with Mt. Swanson on the fiifty foot easemedt: the price to be $2,000. Councilman Peterson seconded the motiion. Councilman Nolde: We will leave it up to you, but if you run into a big e ngineering problem or something you had better come back to us. City Attorney: This would be a perpetual easement. Mayor Powell: Mr. Ted Lueken called ea; he says he paid the City $25.00 a long time ago for a lot he already owned and he has this $25.00 coming. I think we should have a check made ooat to him. Councilman Nolde: I move that we send Mr. Lueken his $25.00 for this error on the part of the City. Councilman Melstrom seconded the mot::Lon. (all in favor). Mr. cy Howalt of Oak Park Heights apjpeared before the Council at this time. Mr. Howalt: I was to a meeting at (Mak Park Heights the other night; they put a proposition to us on wate.er and sewer. I am wondering why we can't hook auto Stillwater's disposal. plant. (Oak Park Heights intends to build its own sewage disposal pla:nmt). Mayor Powell; We offered Oak Park Sleights a proposition where they could hook up to our plant. They wanted tce know how much it would cost to hook on - how much it would be per gallon: or per individual home. They showed us no plans or drawings and we felt -that if they were working in good faith they should show us where the Line was going to go, etc. We showed them a plan where we would like to halve built an interceptor line on your • • • (March 21, 1967 - continued) :3 tin 9 • r side of the highway; we would put i•.t in and finance it and they could then hook on. Our reason for doing this: was, all those years we have been operating the plant and we shouldn't have to relinquish this right. we could give you sewer with less cost: than if you put it in yourself; we have the manpower and equipment to maintain it. This is what we offered them and they refused it. we feel one plant is going to be a lot better than two. issssiletter n on and the Eeeder,o1 Government andIwill send a copy tolyou; oif wetrol Commi are going to have a disposal plant along our river for every 200 people, when the water is down we will have nothing but sewage in our river. Councilman Molde: We had many meetings on this; we said we would appoint our Mayor, Engineer and Attorney too meet with your Mayor, Engineer and Attorney and they could came in one have a proposal - to sit down and reason like men. Oak Park Heights came tea this meeting with nothing but 'how much some- thingis it ointed to work out 9that9would be agreeable hto broth Oak Park Heightsad wow proposal and we thand Stillwater to cost us?' We ater - they cams with nothing. Mr. Rowel!: They had a proposal. t::he other night. Mayor Powell: They wouldn't show it to us; we thought they should have. We would like to have seen what kiind of installation they were planning to put in - our figure was anticipated to be $300,000. Our engineers have been you won't know untiling us stic you getts. IThe figure the bokde and openuhave them. seem fabulous, but Mr. Howa1 : I can't see putting Done disposal plant beside the other. Councilman Wohlers: Do all the peoople in Oak Park Heights know all of these facts? Ewalt:g people mooting. only thaatt wecouldn't hook into Stillwater. at that meeting and as said about your Mayor Powell: we would like to renegotiate if they feel they would like to also. Mayor Powell: Peter Racchini is there in regard to the proposed low rent housing in Stillwater. Mr. Racchini: I have been your a:architect for the City on the municipal building;the reason Ihaavehere s:me compliiments on ththis ised buildingothefor r elderly.c Miny people.p architects in St. Paul also - and I feel it was a job well done. What I have brought hare are some paper I have been studying. I don't know how much research you have done con this, but tfit first of all this project yyou be 100% federal, I assume Mayor Powell: In order to let you know, other firms will do all of the paper work, etc.; we have talked to two others. Mr. Racchini: As far as I would be concerned, this would not be architectural services; I would hie willing to help you out on this. I would be working with your Authoreity, helping them get the whole thing through. This would not be just another project in my office - the whole office would be working on it. IIt would be well studied. Mayor Powell: We are going to telt to some other firms and will keep you informed. • • 400 • (March 21, 1967 - continued) • City Engineer: Plans and specificatiions have been drawn for the sewer service for the new county office buiitding: also the property west of Salem Church belonging to 7 & B Realt:L. we went to a meeting in oak Park Heights regarding this (sewer liimes would be partly in Oak Park Heights - partly in City of Stillwater); they seemed to agree, but then they said they would like something done concerning the storm water drainage situation. The County has two different plans for solving the problem and they would like a decieioca on this. Mayor Powell: Why don't you arrange a meeting with Oak Park Heights, the County and the School Board, andwhenever you can arrange it, let us know. City Engineer: There should not be army further hold up on the construction then. RBSOLOTIORS The following resolution was, on rolil call, unanimously adopted: 1. Amending Resolution Authorizing and Requesting the Drafting and Introduction in the State Legislature of Legislation Relating to Taxation for General Fund Purposeas. ADJOUR €1T On motion of Councilman Peterson, secsunded by Councilman Molds, the meeting adjourned at 8:40 P. M. Attest: Mayor • e Council Chamber Stillwater, Minnesota Regular Adjourned Meeting The meeting was called to order by Elresident Powell. Present: Councilmen Melstrom, Noldma, Peterson, Wohlers, and President Powell. Absent: City Administrator Werth 28, 1967 7,30 P. M. UNFINISHED BUSINESS (out of order) This was the day and time set for IEearing on Proposed Assessment, Local Improvement No. 59-1966 (Sanitary Mower Hain and Watermain Extensions and _ Sanitary Sewer and Water Services — West Olive Street & C.S.A.H. No. 5 from South Owens Street to South Corporate Limits; The Clerk read the notice for henridng aloud: the Mayor inquired if the notice for hearing was published, and the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gazette, official newspaper of the City, on March 13, 1967, and a copy was mailed to all known property owners affected on March 9, 1967. The Mayor then opened the hearing. Nt. Clayton DuRocher 1502 W. Olive Street First of all, I would like to hand .you a letter (from Mr. LeRoy Christensen) I was asked to turn it over to you. fellows by this party who could not be here tonight. And secondly, I wou-1d like to know what we are paying for. I would like to know what we resurfaced. City Engineer: It's not for resurfacing - it's for sewer and water extensions. Mr. DuRocher: Here is the point -. as I recall, there was about one, two or three main extensions put in, is teat correct? City Engineers Sewer and water atz Pime Tree Trail and sewer and water at Oak Street. Mr. DuRocher: I thought there was one on Brick Street going south. City Engineer: No. Mr. DuRochers Well, they would semrve up over the hill. Why should we pay for those? We have already paid tor the ones that benefitedtour property when originally put in. They are asking us to pay for m. City Engineers All we did was stuub these in. Mr. DuRocher: That did not benef:itat us. tTThey eyms. should have put it in when the sewer was put in, City Engineer: Who would have been assessed at that time? You? Mr. DuRocher: Sure we would have !been assessed. I think this was a flub; that does not benefit our propert!.y. City Engineer: Does this street benefit you? e (March 28, 1967 - continued) • • Mr. DuRocher: I would say no. We broought that up at the original Council meeting; we didn't want a street, but. the County wanted to put it in and we went along with it. Another thing - these water replacements - we agreed to pay for these. but that property on the left side (o£ C.S.A.H. No. 5) wasn't in the City of Stillwat:sr; they didn't want in. At that time we agreed that the Church could come angling in; all of a sudden by gentlemens agreement the Water Boaerd picks up a $5,000 bill, but by the same token they want us to pay what iis actual service. City Engineer: To you - not to them. Mr. DuRocher: By the same token the w aretchart ging g me forore w serviceess: At that time it was my own personal personal services, but when you get 'rooked on the one end you get mad, and I got mad. Councilman Peterson: You said you felt you u5got terooked. Atnthe he haring it was stated that no one would pay agreed to pay for end- no one is paying for it; at this same time you 9 water hookup. Mr. DuRocher: Who is paying for it?? City Engineer: The Water Board. Mr. DuRocher: There is a main on time ether side of my house - we paid for that - the water board x people out here get 550feet• No ofwattexmain for 9hy should those nothing? Councilman Bolds: The people out there are not hooked on to a city sewers the de in bk othose homes. The Water Board hhin for the aad to get cam eass on the Melt ement ofrom Mrs. ing out sMock.acTheEWater. Board negotiated with Nrs. Mock to provide her property with water through this easement. The big line extendiing out there is not servicing these homes. Mr. Duaocher: Then it was a waste sof $5,000. Councilman Boldest No. The won't ,was tot dighen up the erCCountY ou new comesd, in there for future development theyyou will probably is no one on it today, but two or three years from now yo see fifty homes on it. They built for or thirty years in the future so people Mr. DuRocher: I will go along witht you on that. say, why Councilman Bolds: We have dhsosyouddon''t have to you don't you put in newpipes before mini build a new dig it up. I know ywould benh�pfirst that road�n here if a truck came up there tomorrow and started digging u Mr. DuRocher: Row do you know? Councilman Nolde: There is one paurticular meeting you there. were at and N.S.P. got an awful going over. Now they, have all new pipes Mr. DuRocher: Some people will coamplain about digging it up. They can dig up this new street if they want to as long as they don't charge me for it. I would just like to get someething for my money. Mr. Lloyd Zieske 1404 W. Olive Street What is the water costing going into the property owners approximately, and how many feet of copper tubing92 City Engineer: Thirty-three feet: +the main is off center as you know. • • • • (March 28, 1967 - continued) 4U,j • Mr. Zieeke: In other words you avemaged it; that's feasible. How ouch is this charge? City Engineer: Icor a new service - $165.347 for renewing existing services - $142.52. Mr. Zieskes The thirty-three feet col copper tubing we get for $165.34: how much is sewer? City Engineer: $149.15 per service., Mr. Zieskes It seems rather high. City Engineer: This also includes ocawpaction of the trench which is a nominal cost. I sat down today and: checked Myrtle and Pine Streets - they averaged $184.00 for thirty-three fleet - on the same basis. Mr.'Zieske: You dug about eight feat approximately: that digging would run you no more than $1.50 per rune:,Lag foot - that would be about $100 or $90 left for labor, etc. We are ruraning about $4.00 or $5.00 per foot - it seems very high to me. mt. Owen Thomas: What is the cost oof copper tubing? Mr. Zieskes It wouldn't run over 30,0. Mr. Thomas: I will buy all you can .get for 600! City Engineer: Just the cost for ;nutting in the copper tubing was $3.21. Mr. Zieske: It seems extremely higllh. City Engineer: It's higher than I *estimated on the water, but the copper price did go up. Mr. Zieske: I do agree that this ise benefiting the property owners who are serviced by this, but laterals vender the street are not benefiting any property owners on Olive Street. Tait is a donation to either adjoining property owners or to our good non profit water commissioners. Mayor Powell: This was brought out at the original hearing - that it was to be done this way. Mr. Erneet Eardley 1107 W. Olive Street I live between Olive and Sherburne; I have a sewer connection on Owen Street. why should I be forced to ;pay for these people up on the other end? It isn't fair; if anything goes haywire I have to pay for that. Mayor Powell: At the Improvement Bearing this was brought out and this is the procedure that was agreed upon :et that hearing. It was brought out specifically what would be done ands what would be charged against individual property owners and the over all jolb. Mr. Eardley: They would benefit brit. Mr. DuRocher: At the last meeting *this was brought up to a certain extent but was left this way - we agreed to pay individually for water services. but by the same token this other st:.tff we said we would wait and see what would benefit us. We don't find an•thing that went in that benefited the property owners on that. We would :still gladly pay for water services. Councilman Peterson: Do you raneebaser the price quoted? Mr. DuRocher: Yes - $1.60 per foot., Councilman Peterson: It's actually 61.24, so there is a savings there. It has been reduced by 20%. • • • 404 (March 28, 1967 - continued) • • Mr. DuRocher: we agreed it would be a fair price, but that we would pay unless we got somna benefit. Councilman Peterson: I£ these serv.Lces weren't put in was dug up again, it would eventual.Ly get to the point have to be replaced; and no one elate but you would pay is a benefit to you. we did not agree and the street where it would for it, so this Mr. DuRocher: That's an engineering problem - not our problem. Our problem is. do we get something for our money? Mayor Powell: I think you got a tremendous amount for your money because you didn't pay for that street. Mr. DuRocher: We paid for that street through county taxes, state taxes, etc. Councilman Wohlers: I live on )yrt_Le Street and I will trade you bills:. Mr. DuRocher: We happen to live on, a street that was county state aid - it wasn't put in because we wanted Lt there - they wanted it. We don't think the price is right. Councilman Peterson: You are gettiiag it for $1.24 per foot. Mr. DuRocher: We don't think we are getting anything. City Engineer: Normally it would bee about $28.00 per foot to fix that street... Councilman Peterson: And you are petting it for $1.24. Mr. DuRocher: We don't want it. Mayor Powell: I think you got a trrtmendous bargain. Mr. Wohlers lives on a State Aid Street too; he paid :$7.00 per foot for his. The State provided money for his street and the County provided money for yours; before the street was constructed wry agreed that property owners would pay a flat rate and this is the firrst street that wasn't done that way because the County said if you assets we can't put it in. Mr. DuRocher: We paid for that stryeet once before. I am willing to pay when I get something. Mayor Powell then read the minutes of the Improvement Hearing on this project (held on April : 19, 1966). The following letter from Mr. LeRoy' Christenson, 1423 W. Olive Street, was read at this time: "As I cannot attend the meeting tonight, I am sending this note explaining my views on this attest assessment matter. I am willing to pay the $99.00 for the water stub -in to my property line. What did I get for the :$2.10 per foot that I am paying for my fifty foot frontage? tit -thing that I can see. The County is paying for the street, the curbing and the drains, so what is there left for me tea pay for. It was agreed at the meeting last spring that each taxpayer would pay for the improve- ments that were made on his owrm Land. Why should I pay for something that those who live Ibeyond Fairmeadows got? This I am not agreeable on. The contractor broke a watermaiin in front of my house and water sprayed over my roof and down nny chimney - with water and dirt all over my kitchen. I reports& this to the City Engineer and they said I had to see the contractor about it. Those con- tractors were mighty careless aabout their work. I didn't get 1 • • • (March 28, 1967 - continued) 405 • • _ to see the contractor about it and just let it go. If I would have been around home when this 'happened they would have paid for their carelessness. I understand several of my neighbors had damages and never got nothimg for it. If you want us to pay for the street, you better eget a few of these damage claims cleared up. As not around Ito reaeonmabletendto theis semeest ofng ayl will agree on anythingg neighbors. Thank you." Mayor Powell: I believe that inasmusich as t bid, e place to seek reclamationthe County e for your Manages would betothehthe County, City Engineer: It depends on which contractor - it could have been the Citys. Mr. Dukocher: That was not County — that was Wolff (James D. Wolff Construction Company). Be had a creew on his shovel there - a ery careless ss crew. Two boys were watching the sktc el men n ln inefrontr way Rront of e house;shovel e guy looks at me and the other guy iss comes down - wammo - the water goes aL1 over LeRoy's house. just now put in a new softwater outfit because itt got in there and clogged mi sup; don't know where else it would come from. -' Councilman Nolde: Who is responsib:.Le7 City Engineer: In what respect? Councilman Nolde: I happen to know' of one piece of property where a sewer linestubbed into the property is broken. Mayor Powell: What responsibility 'do we have for this - on Mr. Christensen? City Attorney: The performance bonds hold until the job is accepted. as s should orm CityEngineer;Nolde: Anyone canylet theiCoune.lono lknow andve who hwe co uld deget hold off the m contractor. M. Thompson 1211 W. Olive Street This happened to me; Brower told ®e to talk to the water company: the water company told me to go to the contractor. I paid $35.00 for my hot water tank and $18.00 to get it cleaned out, eetc. I paid it and that was it. Councilman Nolde: If you have a 1•e.gitimate bill you should file a claim with the City. Mayor Powell: I would recommend tlhat you m this. d him offixing this for meelfand s heesaaid lewd arec• out one that if chance I was the goat. Councilman Nolde: Turn in a claims to the City and make sure it gets before the Council; it sounds like a legitimate complaint. Mr. Eardley: That $1.24 per foot we are going to have to pay - I didn't hear anything in the minutes on tkrat. Mayor Powell: We had a proposed coat at the first hearing of $1.60. Mr. Eardley: I still don't see admit we should have to pay for that. Mayor Powell: According to the minutes, the Engineer was correct. It was made public at the hearing so you would know. It's fortunate that it wasn't $1.60... Mr. Eardley: It shouldn't be anything. Who is going to pay for our sewer on Owen Street if that goes haywime? • • • 406 • (March 28, 1967 - continued) Councilman Nolde: I am sure that yoma have the feeling that you are paying for the big waterline on Olive Streeet; that is being picked up by the Water Board. Mr. Eardley: Then what am I paying For? Mayor Powell: Everyone is paying foot their own sewer and water. whether it's new or used. Then there was some stubbing -in so in the future it could be hooked on and could not be assessed to the property owner. Mr. DuEocher: Why should we pay fors these stub -ins so they can hook in at some future date?: Mayor Powell: So the street won't Fhave to be dug up. Mr. DuRocher: If we don't pay for them they can't have them - that is my only argument. Mr. Thompson: Did the Wolff Companyy have bonds? Mayor Powell: They had performance bonds that were good until they were paid for the job. This is somethingq that they should be liable for and we would collect it from them for von. Councilman Nolde: I myself would bee in favor of the city paying for it if we can't collect it from theme. Mayor Powell: If you will submit yoeur bill we will see what can be done anyway. We are sympathetic with yowl- problem and somehow or another we-- will try to work it out. Does anyorne else wish to be heard? Councilman Peterson: I move that tlhis assessment be spread over a ten year period. Councilman Melstrom seconded the mwetion. (all in favor). Mr. Dueocher: In other words you aa.;e making a motion that we pay $1.24 per foot? Mayor Powell: The assessment roll :mays that you pay $1.24 per foot; the Council will have to act on that. TTe assume that if you don't voice an objection perhaps you are in favor ,nE it. The hearing is now closed.` Mr. DuRocher: How many here object':? Mayor Powell: If you are objecting! to $1.24 per foot, please raise your hand. (thirteen handset were raised in objection) This was the day and time set or !tearing on the Petition to Vacate a Part of North Broadway. The Clerk read the notice for hear"ng aloud; the Mayor inquired if the notice for hearing was published, send :ha Clerk informed the Council that the notice for hearing was publisheed in the Stillwater Evening Gazette. official newspaper of the City, on February 24, 1967, March 3, 1967. March 10, 1967, and March 17, 1967... The Mayor then opened the hearing. (March 28, 1967 - continued) 407 • • Mr. John J. Todd (representing Mr. anal Mrs. Jack Dielenthies) I would like to bring out a point of order at this time in the proceedings; we raised a question regarding the vaallidity of the petition - since that time I have hired the services of Mr.. Blaisdell of the Blaisdell Engineering Company; at my request he examined pllats, resolutions, etc. and I have obtained a certified copy of a resoluation passed by this Council which raises the question as to whether or not it is a proper petition before this Council. we reviewed this with your engineer prior to this meeting. Mr. Blaisdell: The area to the soutl0 of Broadway as described in this petition has been replatted as Rivervview Drive - it is only vacated in part. In 1959 the Council vacated Broadway.and very carefully described the line of Broadway to be vacated. The area: that is rededicated Ri foview d Drive59 - is actually Broadway Street unvacate•d. The vacation was pe the platting of Riverview Drive was :in 1960. (Mt. Blaisdell then drew a sket:eh on the blackboard of the area in question). Mr. Todd: One portion of Broadway hams never been vacated and our point is they do not have 50% ownership abutting Broadway. Mt. Reginald Mead: Riverview Drive where it ends is a dead end - this is a situation where if it's not extend9ed it would be very difficult for me to ever gain access. Mt. Todd: Mr. Mead owns the abutting property to this piece which is con- veniently drawn out of Mr. Lupient'se application; it's a 50-50 stand off because this little portion of Broad9way has never been vacated. They don't have more than 50% of the property ten seek to vacate. Mr. Lyle Eckberg (representing Mr. Ilupient): That doesn't mean a thing; mt.Simonet drew this. Mt. Todd: There is an error in this: drawing which shows that this has never of n vacated; you & resolution ofeNay t12 �1959 white veryw it out of rcarefullyefo rlows the e a certified liney you have drawn here - it has never been vacated. Mr. Eckberg: I contend it was. Councilman Peterson: When this was done in 1959 was north Broadway vacated from Sycamore north? Mt. Blaisdell: It's not replattingt Riverview Drive - it's rededicating. The dedication of Riverview Drive would stop at the westerly line of North Broadway because it has never been vacated. The wording of that is basically incorrect. Mr. Todd: At this point we ate queestioning the right of the petitioners to proceed any further because your own ordinances require that he establish that he owns more than 50% of the prooperty. Mr. Eckberg: Jim Simonet has surveyed this thing; there is no problem as far as I can see. Mr. Todd: The resolution of 1959 ddidn't vacate what they say is vacated in their petition. Mt. Eckberg: I question that. Mayor Powell: We are going to havee to ask for an opinion from you (City Attorney). City Attorney: As to legality it was stated at the last meeting that we would have the City Engineer investigate this matter because of the difficulty of ascertaining it; on February 1:1th the City Engineer rendered an opinion to the Mayor of the City. • • 408 e (March 28, 1967 - continued) • • Councilman Noldes At that time did wee inform the people involved what the opinion was? Mayor Powell: No. City Attorney: Mr. Ehlinger wrote as follows: "According to the plat as submitted with the petition of Febauary 14, 1967, the small area of North Broadway Street that is shown an vacated is in error. Checking the Resolution No. 2081 this portion oof North Broadway was never vacated. Thusly, the plat accompanying the petiition is in error to the best of my knowledge from the information avaiilable. However, it is my opinion that the description as stated in the petition could be used." Councilman Nolde: I would like to hate this question answered - after you got this information did you let ?anyone know? City Engineer; No sir, I was not instructed to. The petition as submitted for that portion north of what would be that oddball line across Juniper Street and North Broadway is not vacated - only a portion thereof. Mr. Todd: You can't jerimander a striate in order to get 50%. Mr. Lupient: We are not trying to jexe imander a street - that's the way it was laid out in the plat. Councilman Peterson: Regardless of wHiether that little section were vacated or not, Mr. Mead would not be an abutting property owner? Mr. Todd: Yes, he would. Mr. Lupient: He is not on Broadway; Hee is on Riverview Drive. Mr. Todd: For the record, we question? the jurisdiction and the right of, this body to proceed. Also, the petittion is inaccurate. Mayor Powell: We will have to. have amn opinion from our attorney. (meeting recessed foor 15 minutes) Mayor Powell: Have you had time to d_i scars this with the City Engineer? City Attorney: We agree that the desecription as given legally describes what they want with the exception of rparagraph 5 in the petition. If the Council understands what they are petitioning for, it's alright. The petition accurately describes what thsay ace petitioning for although it is in error in paragraph 5 ("that thee portion of North Broadway sought to be vacated is at a deadend street; that the area North and South of the area petitioned to be vacated has herretofore been vacated by the City Council of the City of Stillwater; theist the street serves no useful purpose and is incapable of being developed as a street because of the topography of the area: that there is no need four the same). Mayor Powell: Is it your contention then that if you look at the blackboard that little square not shaded was not: vacated, but Mr. Mead is an abutting property owner to that? Does that halve any bearing on the case? City Attorney: Paragraph 5 is in errear; if the Council understands what he means, the way he legally described it, the petition could be... Mr. Todd: We renew our motion to disunion the petition because they do not have 50% of the property. Mt. Eokberg: As far as the law is cox.ncerned, when you are utilizing a street - Riverview Drive - you have a. rededication of Riverview Drive. • e • (March 28, 1967 - continued) 409 a • Mr. Todd: It is our position that ye:a cannot rededicate a dedicated street. It has never been vacated and they a:ue trying to violate the language. They are jerheandering a petition to accommodate a purpose. Mr. Eckberg: Have you a dedication Iere of Riverview Drive? City Engineer: The only thing would: be a resolution or ordinance accepting addition of St. Croix Heights. Mr. Eckbergs I an certain that any court of law would sustain any vacation of this street under the circumstances because the street is useless except for the purpose for which we petitiooned. If I asked tomorrow morning to have this street blacktopped, I don"t think the City Council would go along with it. Mr. Todd: we will still challenge t_he jurisdiction of this body to proceed. Your own engineer has reported that Broadway is not vacated. Mayor Powell: As I understand our aettorney's decision, he said that the petition is correct in one instance end incorrect in another; it is his feeling that we can go ahead. Mt. Todd: We are putting the questiion to you directly - is it your ruling that the present petition contains ®ore than 50% of the property abutting Broadway? City Attorney: On the East. Mt. Todd: How about on the West? City Attorney: No. Riverview Drives, when put in, cut off Mr. Mead; he is contiguous to Riverview Drive. Mt. Todd: The property line extends; to the center line, ofthestreet. Mt. Eckbergs Have you got Mead's description there? Mt. Todd: It's an easement situation - not ownership. In light of the easement situation do you still mountain that it's more than 50% ownership on the west? Mr. Eckberg: Then you have an illegmml vacation down here. Mayor Powell: Would it be convenient to carry this over until the lath? Mr. Eckberg: We would like a rulings on the llth whether we have 50%. Mr. .Todd: Based on this ruling we wwould be glad to stipulate that it could be an appealable case to the District Court; I think Phil is entitled to sometime to look at this. Mayor Powell: It will be studied. At that time we will know if we have a legal petition. City Attorney: We will work on it ars quickly as possible so you can have it before the llth meeting. Mayor Powell: The hearing will be continued to the llth. If you haven't got 51% of the property owners signiing, that would be the end of it. Ni. Mead: It's impossible for me to be here on that date; if the findings are adverse to my position I would be concerned. Mr. Todd: He is a vitally interested party; is it possible to pick another day? Mr. Eckberg: If he is not in town oon the llth we would be happy to give him time. Mayor Powell: We will hold it on tee llth and Mr. Mead can send us a communication as to his feelings. %The hearing is postponed until April 11, 1967. e • 410 (March 28, 1967 - continued) • C-ON ICATIONS From Representative Howard Albertson :Lm regard to Lowell Inn liquor license. Mr. Albertson stated that tine Council should present him with a resolution requesting legislation w aich would allow the special license, issued to the Lowell Inn. to remain i:.a force. (see resolutions). From Lyle J. Eckberg. Attorney for tine Village of Oak Park Heights. regarding construction of an intercepptor sewer by said village. Mr. Eckberg stated that, should the city desire capacity in the interceptor, the village should be notified as sown as possible. No action was taken on this communicastion. From Sen. Carl A. Jensen, 17th Distract, in regard to a bill on proposed charter amendments for cities of the fourth class. Mr. Jensen is pro- posing a bill whereby cities of the ;fourth class could propose charter amendments by ordinance without submission to a charter commission. No action was taken on this communication. DELEGATIOl OR INDIVIDOAIS Nr. Bill Buhl 406 W. Mulberry Street I understand that the Planning & zoning Commission is considering making s park out of the ravine running north of here, and that they are going to ask the Council for permission too clear it up. I own some property abutting that and I want to state at: this time that if this project is in the making. that area should alsoo be fenced. Mayor Powell: I think this is perhaeps an overall long range plan; I would have to say that the financial/ condition of the City wouldn't permit anything like that in the near futures. Mr. Buhl: That is the only thing I was interested in; the area could be improved and used to good advantage., but you would end up with a police problem too. Mayor Powell: When you talk about •'pending money for things of this type. we do have separation of storm and sanitary sewers to think of first. The Planning Commission has long range plans; any time that a park were to be put there. that would be taken into consideration. ADDITIONAL UNFINISHED BUSINESS 1. City Attorney was to confeer with Revisor of Statutes in regard to hospitalisation, medical am/ surgical coverage for Mayor and Council members. City Attorney: Since the last meeting 3 have twice contacted the Revisor of Statutes; Mr. Albertson suggested I call. I wanted to check attorney general's opinions. The Revisor of Statutes, when he informed us that legislation was already on the bookie, did not have our City Charter there. He is immediately drafting legislation that would provide for what you gentlemen want. and in the meantime I will write for an attorney general's opinion on this - where a Council seats an amount of remuneration, would • (March 28, 1967 - continued) L J ,1 1 1 • `t ._ this coverage be considered addititonal compensation, etc. To give full protection to the Council, he is submitting a new bill. It may be needless for this special legislation. Councilman Nolde: Could we operabte on the information we now have? City Attorney: If the legislation goes through it would override the Charter. Councilman Nolde: We are not violating a State law? City Attorney: Certainly not. 2. City Attorney and City Emngineer were to negotiate with Mr. Swanson in regard to easement - Lily Lake Property. Councilman Mohler:: While we are on the subject, we are paying this boy $2,000 for an easement and we sit around vacating streets: why can't we get some money from those boys? City Attorney: Cities 'can' chargge Eor vacation of streets. Councilman Wohlers: He (Mr. Lupiee3tt) hasn't given us any guarantee that he is going to build house, there if we vacate that street. Mayor Powell: (to attorney) At your convenience. check into this. 3. City Engineer was to submit estimated cost figure for sidewalk ;sent against Methodist Church for Local Improvement No. 55 6 56. He submitted a memo as foLlowa: "The savings to the City and the ;property owners on West Myrtle Street for the sidewalk by the Methodist Church is 254 ft. x 6 ft. x $0.50 off - $762.00. If this amount was taken from the amount of the original assessment to the Church it would be as follows: Total assessed 0$7.00 = $1,778.00 Less 762.00 Remainder: $1,016.00 Taking $1,016.00 and dividing by tithe 254 feet of the frontage on Myrtle Street, this would reduce the amassment cost to the Methodist Church to $1,016.00/254 ft. _ $4.00 per frost foot. I feel this is equitable." Councilman Peterson: I think we aare giving them a lot of credit, frankly. Councilman Nolde: The City saved 50C on the sidewalk; we would have had to pay for that if we had torn it oust and put it back in. I move we reduce their assessment from $7.00 to $4-00 per front foot. Councilman Peterson seconded the ssotion. Councilman Wohlers: Other properthy owners are going to ask questions. City Engineer: The other property; owner that was here because of the grade change, hie sidewalk would have to have been removed anyway. The vote on the motion was unanimous. City Engineer: I think you have a problem - something the attorney will have to check, but I think you wil01 have to hold a new hearing on that. Councilman Peterson: Couldn't we just allow them credit for this sidewalk? • (mason La, IVO/ continued) • City Engineer: I don't know; if the 'Council felt they wanted to authorize payment to the Methodist Church of $'•762.00... Councilman Nolde: What they could des Le have the contractor who put in their sidewalk make out a bill for this amount; the City could pay the bill. City Attorney: I was just thinking nark on our experiences on the parking lot assessments. Councilman Peterson: Why can't we dn. as Councilman Nolde suggested? Let it stand at $7.00 per foot and let tl&em submit a bill for $762.00. Mayor Powell: (to attorney) Will yen come up with an answer by the meeting on the llth? Let it stand. it would appear to me that however you do it, you have agreed to do it alrendy. I can't see why we are going anything illegal. When they pay thezty can pay less this amount. City Engineer: In my own humble opinion, I still feel they got their $700 worth. Councilman Peterson: I move to stripe Councilman Nolde's motion to reduce the Methodist Church Assessment from $7.00 to $4.00 per foot. Councilman Nolde seconded the motion.. (all in favor). y{ISCELLANEOOS Mono from City Engineer regarding vaalous items, as follows: 1. Is there any consideration toeing given to some salary adjustments for this year, 196772 If not, please refer to Resolutions No. 1308 and 1309 passed on June 3, 1947 and published on June 5, 1947. Afteer researching the resolutions I can find no resolution rescinding these resolutions. The estimated cost of living raiise for the years 1966 and 1967 will be 8.5% over1965. With thee raise in taxes that most of the employees in the City have fined to absorb, plus the cost of living index, I feel that some adjustments should be made. Please advise as soon as possiblle. City Engineer: The first resolution in 1947 was a pay increase for all employees except street employees - that from and after November, 1947 and every six months thereafter, Balearics would be adjusted according to the cost index. In 1948 they passed another one going on withthis same type of thing. We can find nothaing at all where those resolutions have ever been rescinded. In the att:orney's opinion, resolutions are binding on all councils unless rescinded. Since I have been here there has neveer been a year without a raise of some type. Had these resolutions been followed, you would not be bothered with unions and associations at this time. 2. Does the Council have intent:ions of building a street garage this year? If so, I suggest that some action be considered at this time, or in the near future:, Councilman Peterson: Well, frankly, C would think we should go ahead with it as soon as possible. The Erickson Garage isn't suitable. • (March 28, 1967 - continued) 4 1.:3 • e Councilman Nolde: When we were setting up our budget, in order to keep from levying $52,000 for the first paynaeat on the municipal complex, the money we had in reserve to make the fixrst payment on this building - we used some of that money. At that time' the Administrator talked to the examiners and asked if this was alrightit; they said it was if you don't talk about building a garage right awa_,y. Mayor Powell: If I remember this, if ;you had to levy the first paymont.. if you built a garage you could extends it over ten years. The people of Stillwater got a break in their taxes 'by doing it this way. Councilman Nolde: Did you get the heating specifications straightened out? City Engineer: The heating will be ckeenged from oil to gas. Mayor Powell: When we advertise for bids, how much time? City Engineer: According to our Charttex, you can't Bell certificates prior to October loth of each year and they have to be paid by December 31st of the succeeding year. Councilman Molds: There are a lot of things we do under home rule and 50% under State Statutes - whichever is too the advantage of the City. we aren't following the Charter - someone shouldd clarify this. City Engineer: In 1965 the City CounociL passed a resolution selling $16,000 worth of certificates to cover the remainder of flood control problems; this according to our charteer is not legal. Mayor Powell: When this was examined„ the auditors said in the case of an emergency you have no alternative. Is: there any way of selling bonds to finance the garage and include some street work also? 3. I believe that the Council si ould be aware that at the present time the Permanent Improvvesent Pund is $220 in the red. This doss not include the tax Levin. for this year, which is approximately $19,000; however, .on the budget request submitted by the engineer for 1967, it was :proposed to do some matting and seal coating. The proposed .city share of this work would be approximately. $11,250.00. I do rsot believe that this allows much money to be used in new streett construction. Also, I would like to remind the Council that 'two of the street projects petitioned for were to include storm sewer. I believe some serious consideration should be .given this matter if the Council proposes to continue a street program. Mayor Powell: We could consider the sale of bonds in regard to both of these items (2 and 3). It has been tfhe policy of the City not to assess for storm sewer; if we do not assess we will not be following the budget. Which is.more important? The matting or the new construction? City Engineer: The new work is of primary importance. One more year on those other streets isn't going to make any difference, but if you don't sealcoat then you are going to lose them. Mayor Powell: what are we talking atbout in the way of City participation? 0n Echo Lane, Brick Street, Linden, South Sixth, etc.7 The time is at hand where we should make up our mini. City Engineer: we were not able to cget in the field at all this year; with three men and a part time draftsman we are not going to make it any- way. A full time draftsman would be working at least one month on one street alone; this is what I have beeen fighting for eight years. Back in 1962 I had three people in the engineering department. At the same time there were three people in the aadninistrat}ve office; so, we come to 1966 and we still have three people rim the engineering office but there are five people in the other office. • • 414 (March 28, 1967 - continued) e • Councilman Nolde: Most money is spent through the engineer's office. If we are going to run an up to date streeet program we are going to have to do something with the engineer's office. You aren't going to spend over a million dollars on street programs' with o;e engineer and one man retired from the Army and one man spending tine going back and forth to the disposal plant. Mayor Powell: People are complaining abocat taxes - our mill rate is 3.33; we are talking about increases that will increase it twenty mills to run the city. We are going to have to strugggle along some way or another. City Engineer: To expedite this work - ID an hamstrung - I think if we could farm out the surveying and designing and drafting, etc., we can do the inspection. Mayor Powell: What are we talking about in the way of money? City Engineer: For any amount of street work it would amount to quite a bit. Councilman Mohler': We are getting back to the same thing - taxes. People are screaming bloody murder because. they have to pay $1.24 per foot for a street. What I am driving at is, eight or ten years ago we were doing the same thing we are doing teeday - how come it's costing us more money? City Engineers No money was spent all tllhose years - that's what's hurting today. Mayor Powell' I am going to ask you to Stake this sheet with you and study it (all. councilmen); I am going to expect some recommendations on items 2 and 3 at the meeting to be helld on the llth. 4. I would like to have the Councill's reaction to having the bills listed on a sheet where they mould scan the paper rather than having to go through the indiviidnal bills. I believe this would expedite the checking of the StiLle for the Council. Councilman Melstram: I think it's a gooad suggestion. Mayor Payrolls On occasion we catch an errror - quite often we notice one or two bills we would like to set aside. Wouldn't this create more work rather than expedite it? For my own purlposes I would just as soon go through the bills anyway. City Engineer: It was just a suggestions. Councilman Melstron: I thought it was as good suggestion, but don't have any objections to continue doing it: the way we are now. 5. It is now apparent that Mr. Lees Elliott is not going to be satisfactory at the disposal plant. Would like to recommend that he be transferred back to the -Street Department. With the warmer weather coming on, and due t_o the excessive amount of sand that was distributed on the streets, it will be necessary to put a crew back on the cleaning of sewers. which will undoubtedly take as much time as wee can spare. By transfer- ring Mr. Elliott into the street deepartnent, this will then give us better coverage on the streeet patching. This transfer will then necessitate bawling Mr. Shelton at the disposal plant all of the time, an he will be required to work on every third weekend there. Mayor Powell: What will this do to the 'budget? • • (March 28, 1967 - continued) 41.5 • City Engineers Very little. He woulod come back into the Street Department at the same wage scale as the other men - $2.60 per hour. Councilman Peterson then moved that Mar. Elliott be transferred back into the Street Department; Councilman No.lde seconded the motion. (all in favor). 6. I believe that the matter of_ the land exchange with Northern States Power Company and the Citr:r for additional land near the Disposal Plant should be culminated as soon as possible. This matter has been continuing for same time. Councilman Peterson: Did they ever indicate they would go directly to the River? City Engineers At the last meeting wee had, they had other plans for this property - then we were ''ckering fort land to the south. At the last meeting they were in the process of modifying that. Right now we are waiting on them. Mayor Powell: (to engineer) Would Lit be possible to have a meeting with their engineering staff? would you amend a letter saying that at their convenience we would like to meet with them again. The Clerk's office was informed this Sate that the 1967 taxes have not been paid on the property which the City purchased from Ritter Landscaping, therefore, they willnot record the (Used. Apparently the deed was not dated either. It was originally sent: to the Register of Deeds for record- ing in December of 1966; however, thee? sent it back, stating that the mortgage registration tax must be path] first. City Attorneys The deed should have been dated at the time the last parties executed it. Councilman Nolde: I move the City Attorney solve the problem and see that the City pays the taxes. Councilman Peterson seconded the motiion. (all in favor). RESOLUTIONS 1. Adopting Assessment, Local Improvmeaent No. 59-1966 Mayor Powell: Approximately 25% objected on this assessment. Councilman Nolde: On the Larson lots, the sewer line is broken at the curb; is there any claim thatrt can be made to one of the con- tractors, or not? City Engineer: They would all claim that they did not do it. I would say this could have cone alit a Later date. Mr. Christensen mentioned to me are day about the broken water line by his house; at that time, if my memory serves me correctly. I told him to file a notice within 30 days after it happened. Councilman Peterson: On our liabmility insurance, do you think any of those claims would be covered? I6 (March 28, 1967 - continued) �...., e • City Attorney: Absolutely not; tl:hay are very careful about it being filed within thirty days. Mayor Powell: In regard to Resoluttion No. 1, the minutes note that thirteen people objected, oust of a total of 51 property owners. The vote on the Resolution Adopting Assessment, Local Improvement No. 59, was unanimously in favor.. 2. Requesting Legislation - Lowell Ion Liquor License (all in favor) 3. Authorizing Agreement - with Village of Oak Park Heights and County of Washington Regarding Storm Sewer Construction in Hazel Street and Birch Street City Engineer: We had a meeting :yesterday afternoon with representatives from Washington County, School District 0834, Oak Park Heights, and the City of! Stillwater, concerning a letter which the Council received: Front the Clerk of Oak Park Heights some time ago, which said: that previous to giving us any permission to install sanitary sewer in Hazel Street they wanted the storm water situation :resolved. After receiving that letter, Phil and I went to the Co enty Board and discussed it with them; they said they would have tmeir engineers do a storm water survey. This they have done; the-: state has checked all of their plans and has approved them. The :meeting yesterday was a culmin- ation of all of this. At that tires, the County stated they had three alternative plans which wou=dd cost around $63,000. The County felt they would go along w.d th $30,000 of this work; the City of Stillwater would then be spaying around $25,000 and Oak Park would pay around $7,000. Thaey tentatively agreed that was fair and equitable. The Mayor asked me to have this reesolution on the agenda tonight; if the City wants to pass a resolution agreeing under this basis to pay their proportionate share, the engineering would be done by the County. They would get thee contractor, etc.; this is the reason for this resolution. Councilman Peterson: Is the Sch000l District picking up any part of this? They are the cause of itt. City Engineer: They contributed the greater portion of runn off when they built the school, but wyiaa they laid out the location of the school site they did not change the water flow. Councilman Peterson: They didn't . agree to pay any share at all? City Engineer: It was not proposeed that they pay any share of it. Mayor Powell: If you build a streeet it is foolish to put it in without storm sewer; if you are gooing to do this, and it appears to me that we are obligated to do .it, you are going to cover it and this is also going to have to be done by selling bonds. Councilman Nolde: Can we do all tthls without getting ourselves into trouble? City Attorney: To the beet of my knowledge without researching it, yes. City Engineer: I think the Council) can enter into an agreement by resolution. City Attorney: The law does allows governmental units to join in improvements. • • (March 28, 1967 - continued) 41i Councilman Peterson: Will Oak Park Heights allow them to run sanitary sewer down the middle of the street? City Engineer: I think that wi.LL be resolved. Councilman Nolde: I think we si:hould make a list of all the things we are going to have to do this: year - street programs, this project, etc., and then sit down with our bonding consultants. Mayor Powell: (to City Enginee:ar) Could you give us any rough estimates so I can take a look :it it? The tine has come now where Mr. Brower can have visit.*rs at home and I would like to look it over with him. Councilman Peterson: I have no •abjection to this agreement, but we still don't have enough money to pay for it. Councilman Nolde: I move to intrroduce a resolution that we enter into this agreement with the County and Oak Park Heights. Councilman Melstrom seconded the notion. (all in favor). 4. Approving Payment of Hospital, RMedical and Surgical coverage for Mayor and Council Members. (all la favor). rw� F,�+. •,.... ., ..� ,�,:) Mt. William Hawkinson and Mr. Dan St_Loe appeared before the Council and requested that they pass a resolution stating that the City is in favor of using the old post office building in the City as a recreational facility, specifically a ?MCA (reso:.Lotion to be telegraphed to Masao City, Missouri where bids on the bui:.lding are to be opened on March 29, 1967). Councilman Nolde moved to introduce maid resolution; Councilman Peterson seconded the motion. (all in favor)., 5. Favoring Use of Old Post Office Ffuilding in the City of Stillwater as Recreational Facility, i. . .. 2,.,) ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Nolde, the meeting adjourned at 12:05 A. M. 4 H • Council Chamber Stillwater, Minnesota Regular Meeting April 11, 1967 The meeting was called to order by president Powell. Opening prayer by President Powell_. Present: Councilmen Melstrom, Powell. Absent: City Administrator On motion of Councilman Nolde, of the following meetings were Regular Meeting Special Meeting Regular Meeting Special Meeting Regular Adjourned Meeting 4.30 P.M. Nolte, Peterson, wohlers and President Becocnded by Councilman Melstrom, minutes approved: March 7, 1967 March 10, 1967 March 14, 1967 March 21, 1967 March 28, 1967 4:30 P.M. 4:30 P.M.. 7:30 PJ14 7:00 P.M. 7:30 .P.M... UNFINISHED BUSINESS (out of order) This was the day and time set to open: bids on a new truck for the Street Department. The Clerk read the advertisement fora bids aloud; Mayor Powell inquired if the advertisement for bids was publitehed, and the Clerk informed the Council that the advertisement for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on March 31, 1967 and April 7, 1967. The following bids were then opened and read aloud: Bid No. 1 Stillwater Motor Company Stillwater, Minnesota Total Bid: $6,901.00 Delivery: On or before Bid No. 2 Brookman Motor Sales Lake Elmo, Minnesota July 20, 1967. Total Bid: $7,295.00 Delivery: 60 to 90 days City Engineer: I would like to requeest that we defer this until the next meeting. • (April 11, 1967 - continued) 419 • • DELEGATIONS 0R INDIVIDUALS (out of edgier) Mr. Evan J. Thompson, 1004 Fifth Avenue South, appeared before the Council at this time to request permission to hook into the Sixth Avenue Sewer. Mr. Thompson: Ny property fronts on Fifth Avenue and Dubuque Street; I would like to have the sewer come up to my prooperty - I am only 150 feet feet from that sewer on Sixth AVenue. City Engineer: There is no sewer up nAmbuque or Fifth Avenue; a few yenta ago Mr. Thompson endeavored to get some of the adjoining property owners to go along with him to put sewer in; they would not go along with him at that time. He then had some work done on his settle system; the system is now beginning to give him trouble. It would really be more advisable if the City were to construct the sewer in Dubuque Street to accommodate all the properties in that area, but it is his feeling from past experience that if all this surveying, etc., was done, they would still vote it down. Mayor Powell: If it becomes a problem. can't the City go ahead and put it in? City Engineers Yes if it is a health heard. Councilman Peterson: would it be esdscrbitant cost to put that sewer in? City Engineer: That's one of the objections. I believe the bulk of the prop- erty could be drained into Sixth Avenume. Councilman Peterson: Isn't there somea other way this could be done rather than put in 150 feet of sewer? City Engineer: If you allow him to punt bis own in, it would be less than it would cost us to put it in. My personnel opinion is, you have no sewer at all on Third,. Fourth, Fifth Avenue, etc., it would be wise to consider an overall project - the whole area from Fifth Avenue east. I feel that possibly if Mr. Thompson could get together with some of these other people up there - Thornton Simpson, Bob Davis, etc., maybe he meld get enough signers to proceed with the project. Mayor Powell: would you care to try as petition? Notify the Engineer and he can get their feelings on this. Mr.Thompsons Do you have any idea whet it's going to cost? _ Mayor Powell: When you petition we heave a hearing and have a preliminary cost estivate. You will know close to what it will cost before you determine whether you want it or not. Mr.Thoteeon: I am willing to give it a try and see whet I can came up with. Mayor Powell: Ron, could you work witch biro and talk to some of t`,-cm people? City Engineers Yes. APPLICATIONS On motion of Councilman Nolde, seconded by councilman wohlers, a License to Raul Things over City Streets was grarnted to Mr. Erwin Westphal; 1118 West Myrtle Street, for a period of one yeast. (new). On motion of Councilman Nolde, seconded by Councilman Peterson, a License to Operate as a Second Hand Dealer was gr-mnted to Richard Slachta, 223 South Main Street, for a period of one year. (renewal). • • • '2 0 (April 11, 1967 continued) s • On motion of Councilman Nolde, seconded by Councilman Peterson, an Off Sale 3.2 Beer License was granted to Richard Fleming, d/b/a Country Boy Superette. (renewal). In connection with this license, Mr..Flening is contemplating the sale of the Superette and asked if he would receive a refund of the License; the Council stated that no refund would be given as the License fee amounted to only $5.00. on motion of Councilman Peterson, seconded by Councilman Meletrom, On and Off Sale 3.2 Beer licenses were granted to Patrick E. White, 603 West Churchill Street. COMMUNICATIONS From Roy H. Dick, 122 7th Street North, Rudson,Wisconsin, requesting adjust- ment in sewer rental charge for prooperty located at 401 West Laurel Street. (from $13.40 to $12.00). Councilman Noldes If there are two families living in that home, $13.40 is reasonable; I move it be denied. Councilman Melstrom seconded the motion. (all in favor). Prom Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Chicago, I11i- nois, regarding claim submitted by Ube, in the amount of $263.08, submitted as a result of flood damage to railroad property in 1965. Mayor Powell: The Chair would recommend that the City Attorney write to the railroad and tell them to consider teemselves lucky; that under federal funds it is an unallowable expense and the city does not feel that they are liable. City Attorney: I can also tell them that the City was under emergency status at the time. From T. M. Gillen, Auxiliary Police Chief, enclosing report of Auxiliary Police acitivites during the year 15366. Councilman Nolde: When we authorized the purchase of a new radio for their truck, at that time they were going to be instructed that it be equipped. Mayor Powell: I believe we are going to have to talk to the Civil Defense Director; as I understand it, he is mot in favor of equipping the truck. We should talk to him and let him know why we feel this way: From John N. Weinberger, Attorney at Law, in regard to Stillwater Public Safety Association. (requesting an answer to their demands for wade increases). Councilman Nolde: We can send them a letter telling them that we have been be- fore the State Legislature to have avr general fund increased. Mayor Powell: A letter should be drafted stating that our budget was prepared at the beginning of the year and in order to operate within the budget the Council can take no action as far as increasing any employee's salary in the middle of any year. Councilman Peterson: Are the auxililary paid out of the police and fire depart- ment budgets? I was wondering about? the excess. • • • (April 11, 1967 - continued) 421 e Mayor Powell: If there is an excess, there are departments where there is no additional money; we said no one wou10 get a raise this year. In the letter ause there are tit hat have no hould excess andbe dwe agrat eedare .Moing this andl informed allcityemployees that gores would be no increases. Councilman Wohlerst If we do have a surplus, what do we do? Let it sit there? Mayor Powell: You can never cut anytlbinq so fine that every account you have comes out the way it is planned. Councilman Peterson: There is no sumplus; it all comes out of the general fund. From Steve Conroy, Fire Chief, St. P:*uL, Minnesota, in regard to furnishing fire protection for other communities*. (In the event Stillwater wanted fire protection from St. Paul they would lbe required to sign a contract a cproviding for an annual minimum flat fee based( on assessed valuation, pluscharge of $200 per hour per unit for equipment: and personnel actually used in fire fight- ing). Mayor Powell: I talked to the Fire Chief about this; it is our feeling that it would be very liksiY that we wound beable e. toohandle e whatever whatever, cbmes along - with the assistance of Lake Elmo, Baaypo t Councilman Peterson: In the last twenty or twenty-five years we have had the St.Paul Department here about three times in all. Councilman Holdes I don't think we should send an answer back; just file the letter. From the League of Minnesota Municippalities announcing important meeting, to be held on April 20, 1967, in regard( to pending legislation af£ectingMinne- sota-communities. The Clerk's office was instructed tos inform the League that the Mayor and:Coun- cil would attend the meeting. Prom Gary D. Anderson, 404 South Brick Street, requesting an adjustment in sewer rental charge. (From $7.40 bus $5.00). Mayor Powell, Because of lack of information, I suggest we check into this and act on it at the next meeting. Copy of letter addressed to Fire Christ Cormier from Floyd Keller, Assistant thankingethen rescue Ssquadafor 8theirs assistanceincasethe t cDistricthool of Bob Walterslt834, (fifteen year old stroke victim at the High School). From Lawrence L. Bohn, Lincoln Higffi School, Manitowoc, Wisconsin, in regard to the locomotive on display in Lowell Park. Mr. Sohn stated in his letter that the Lincoln High School Foundry of Indus- trial Arts Department wanted a copy/ of the steam locomotive builder' Nplatesin, plates for collections at the Midcontinentt Railway Museum of North Freedom, and the National Railrod Museum of 3reen Bay, Wisconsin. He stated that as they are th e only "Rogers" plates in erristence they should be duplicated to prevent a loss of this irreplaaable item. • 4> (April 11, 1967 - continued) e • Councilman Peterson: I would move that iif the plates are still on the loco- motive that one of them be sent to Wisconsin so a duplicate can be made; and they should return the original to us. Councilman Melstrom seconded the motion. (all in favor). Mayor Powell: Before we adjourn, I wouldl just like to mention that in the past the Mayor made appointments of department heads, I think in the future, the Council should sit down and study eve::ry office and should appoint the de- partment heads every year; this is in view. of what has taken place the past year. On motion Councilman Molds, seconded by Councilman Peterson, the meeting adjourned to 7:30 P.M., this portion of Me meeting closed at 6:10 P.M. 7:30 P.M. - Meeting Reconvened Present: Councilmen Melstrom, Heide, Peterson, Wohlers and President Powell. PETITIONS This was the day and time set for continuation of the hearing to vacate a pert of North Broadway Street )petition submitted ity O. C. Lupient); however, the peti- tioner withdrew his request for the vacation of North Broadway and submitted a new request as follows: Per permission to construct two homes with a ten (10) foot variance from property line on Lots X, Y and a of Registered Land Survey 4.7. Mr. Todd (representing Mr.Dielentheis): I refer the Council to Ordinance No. 383, Section 21, Subdivision 5; referring tto the ordinance procedures that application shall be filed with the Building Inspector, who shell then trans- mit the request to the City Clerk who shalll place it on the next agenda. Obviously this procedure wasn't followed ins the case of this petition. (Mt. Todd referred to the fact that the request for a variance permit had already been to the Planning Commission and approved by them). It further sets forth the fact that a public hearing must be held!, You have our letter on file ob- jecting to the procedures of the Planning CO'nnmission. Mayor Powell: Mr. Thompson, c an you shed aaay light on this? Building Inspector: This request was made some five months ago; it was turned over to the Planning Commission for consideration. It was gone over quite thoroughly by the Planning Commission; they tried to come up with a solution to it. Ordinance No. 383 also gives the Cocuncil the right to grant variances in cases of exceptionally steep and hilly lots which is the case here. Mr. Todd: Are we referring to the hearing fin December? This is a new petition. Mayor Powell: I think we will have to delay this because we are without the services of our attorney; when he comes we wail revert back to it. Mr. Todd: Is it clearly understood now that: the petition for the vacation of North Broadway has been withdrawn and the re.:eord shows? • • (April 11, 1967 - continued) V3 e 11. Petition from several property owners requesting an estimate of cost for curb, gutter and surfacing of west Linden Street from Owen or Center Street West, to the west end of Linden Street. Councilman Peterson: We have four petitions on record now - this would be number five. We would not be able to get to it this year. Mayor Powell: I talked to the Engineer about this; he feels that if we are going to do these other streets we ahooaLd do this one at the same time because stem sewer will tie in on Brick Street, Echo Lane and Linden Street. be included City Engineer: It would be more advamitageous if this streets could with the others. Councilman Peterson: I have no objections but was thinking of all the streets we have petitions for already. City Engineer: I can't tell you when any of them will be done. (See Resolu- tions). The City Attorney arrived at this poirnt in the meeting and discussion of the Lupient petition resumed. Mr.Todd: I raised a point of order referring to your Ordinance No. 383, Section 21, Subdivision 5; basically sit provides that applications, shall be referred to the Building Inspector, then to the City Clerk and then to the Council. My point of order is that these is improperly before this Council as there is no record that it was filed. This report of the Planning Commission says the date filed is April 4, 1967. Mr.Thompson: That was the date of thee Planning Commission meeting when this was approved. As far as I am concerned the ordinance has been complied with. City Attorney: I have not seen the petition brought before the Planning Com- mission on April 4, 1967. According to the dates as stated on her it could not have been complied with; I respectfully suggest to the Mayor that this be held over until next Tuesday to comply with the exact sequence of manta. Refer it to the Planning Commis- sion as of this moment and then act on: it one week from tonight. Secondly, I would suggest that if either the appli..eant or the people opposing the appli- cant have any law to help the Council :Ln making its decision they should bring it before the Council next Tuesday nig.elt. Mr. Todd: In light of the circumstances we request of the Council that a hear- ing be held where all interested parti..es are notified, as prescribed in your own ordinances. The ordinance makes speci:.Eic reference to the fact that the permit will not be injurious to the neighborhauod or detrimental to the public welfare; I would assume that the Planning Commission mould appreciate the views of those in the neighborhood. The ordinance re.:foiees published notice of ten days prior to the hearing. Mayor Powell: Do you believe that the, Planning 8 Zoning Commission is not aware of this at this time? we have diragged this thing out for five months. I am going to respect our counsel's requecst to postpone it until next week; I think all the parties will have to make up altar minds. Mr. Todd: I respectfully request that the present recommendation of the Planning Commission does not reflect complete krowledge. We had no knowledge of the meet- ing held on the 4th of April; we were mot called about the meeting. We request that we have an opportunity to let them hear the other side before they make a recommendation. Councilman Peterson: In a case like thtis where we are allowing a variance - a recommended variance by the Planning Commission - in the past have we had public hearings? Are we required to? • • 4:24 (April 11, 1967 - continued) • Building Inspector: t.e Ordinance worse amended so the Council can grant any request without a public hearing. Councilman Peterson: All this has Caen publicized; out of respect to the City Attorney, I would go along withn a one week extension, but no longer. Mr.Todd: I just want you to know foor the record; we are objecting to the hearing held by the Planning Commission without proper public notice. Councilman Melstrom moved that the treating be delayed on week; Councilman :tilde seconded the motion. (all in favor). Mayor Powell: Is this the proper procedure now? City Attorney: NO, sir, it is not. I made the suggestion that we follow the ordinance and set a date for a paiblic hearing. I am quite sure in this instance there are going to be appea its to the District Court on either side; you should follow the ordinance stri..etly. Councilman Melstrom then withdrew hits motion to delay the hearing one week. Councilman Molde withdrew his second 1 to the motion. Mr. Carlson (Secretary, Planning & Zmoning Commission): Did I understand you to say this could go to District.Court? City Attorney: Yes, subject to appeals as to being arbitrary and capricious. Mr. Carlson: Our Planning Commission' has spent endless hours on this problem; we tried to find a practical solution' without being lijurious to property owners. If this is going to continue it seems' to he we are wasting our time. ;Ke have taken many hours looking this over; w'e have submitted our recommendations es we see they should be done; I can't comprehend to fight and fight and'fight. City Attorney: The American system oof juris prudence allows this. Mr.Carlson: I am not president of thus Planning Commission, but I hope you will charge us now with the proper procedures you want us to follow so there will be no further litigation. If goes could give us this step by step..." Mayor Powell: Must we refer this back to the Planning & Zoning Commission again? It can't be any sooner than tJme 25th to allow time to publish the notice. Mr. Todd: Many of the problems Mr.Ca:.rlson speaks of could be avoided if the interested parties had had an opportumeity to work with these nine dedicated men and we could come up with a solution; I request that in referring.thie to the Planning Commission all interested parties within 300 feet of the property involved be at the Planning Conoissio:n meeting. Mayor Powell, Mr. Carlson, would you: send notice to Mr. Dielentheis of the date of your meeting and he can spread the word. Would you do this rather than have the Planning Commission sent individual letters? Mr. Dielentheis: Yes, I will do that., City Attorney: This isn't in place off the public hearing? Councilman Peterson: No. Mr. Todd: After the Planning Commission meeting all parties might decide to deny the petition, then there would be no need for a public hearing before the Council. Mayor Powell: Can you have ameeting ldetween now and the 25th of April and notify all interested parties? Mr.Carlson: It is convenient; our regsular meeting is on the 18th of April. • • (April 11, 1967 - continued) 4;a ) • • Councilman Peterson: I move that a public* hearing be held on Tuesday, April 25, 1967, at 7:30 P.M. Councilman rolde seconded the motion. (a:,ll in favor). Mr. Todd: Fof Broadway or the record; it is and clear now that the petition for the City Attorney: The letter is on file. Petition from Sherman Gordon, Howard Hagan and Laura Hagen, requesting installa- tion of water on St. Croix Avenue. Councilman Nolde: I move on April2ref me refer this to the Engineer to report back with a fea Councilman peterson seconded the motion.. (all in favor). City Engineer: It depends on if you want to take these projects in orders I am only two years behind now. I could possibly have a report on this by the 25th. Petition from several property owners irn the pairmeadows area requesting in- stallation of street lights. Councilman 1% Nile : 1 will make back at motionti*tackiest ht wrefer ernthis iseto the City Adminis- trator's o f Councilman Peterson seconded the motion,. (all in favor). petition from several property owners con West Ramsey Street requesting that the street be paved and gutters installed. Councilman Peterson: Does this group of propertY owners represent over 50%? City Engineer: I don't know. Councilman Peterson: I move that the *City Administrator's office return this petition to Mr. Warner and ask for more information; what area they want sur- faced and also the area the signers repreesent. Councilman Melstrom seconded the motion. (all in favor). Mayor Powell; This probably wouldn't be acted on this year anyway, is this the consensus of the Council? Councilman Nolde: If you are going tco float a bond issue. you will. Mayor Powell: It could conceivably nmt be done this year. DELEGATIONS OR INDIVIDUALS Representatives of Cerny Associates, :Inc., architectural firm, appeared before the Council at this time and presente.:d their proposals for low rent housing in the City of Stillwater. • 426 6 e (April 11, 1967 - continued) • • After the presentation, which was sim_dlar to those given by other architect- ural firms at previous meetings. Mayemr Powell informed the gentlemen that the City would probably be moving on tthe project soon and they would be noti- fied as to the Council's decision. Mr. Wilbert Munson: I live on Wilkins Street between Second and Third, I was just wondering, what is the course of the City Council or the City as a whole as to a street when ESP or any other utility digs out a ditch. What condition do they have to leave the street in? Mayor Powell: The same condition thew found the street except it would have to be patched. Mt. Manson: How long do you have to wait? City Engineers It would depend on thine conditions under which it was dugs to begin with.... Mt. Manson: Last fall they hauled inn a bunch of rocks; they rolled out of there so they put clay in, but it isur't in the condition it was. City Engineer: The Engineering Department of the City complained about it. They will patch it back in the not toad distant future. Mt. Munson: When? City Engineer: It won't be tomorrow.. Last fall it was not feasible to put bituminous on it at that time. Mr. Munson, This is just one incident. Councilman Peterson: If you drive ups on Owen Street you will see where they are now replacing bituminous material that was dug up last Pall. Mr. Munson: Will we have their assurance that the streets will be replaced in the same condition they were in before they started digging them? Mayor Powell, I think they are goings to try reasonably hard get it the same way. Mr. Muneons O.K. Roll it around: I just wonder if you should have a new City Engineer; does he know if the water nuns up hill or down? Mayor Powell: We are not here to di®cuss that. Dr.Theodore Cole, Chairman Dutch Elm Disease Commission I want to speak to you this evening on behalf of the Commission in order to give some authority to the control oft what will soon be an epidemic of Dutch Elm disease in the City of Stillwater. The Mayor has appointed a committee of threes we recently met with the Department of Agriculture and we were given a model ordinance written for the Leaague of Minnesota Municipalities: it needs modification to fit Stillwater's needle. I request permission to go over this ordinance with your City Attorney so the wording would be proper and submit it for approval of the City Council. Mayor Powell: This is something we mmust do. Dr. Cole: In speaking with some of rely neighbors about the problem, they said they are interested in Dutch Elm diseasebut are also interested in Oak wilt and some of the other diseases; we should direct this ordinance toward epidemic diseases of all shade trees. r • (April 11, 1967 - continued) 421 • • On motion of Councilman Peterson, seconnded by Councilman Meletrom, the City Attorney was instructed to work with Dar. Cole in regard to the ordinance for the control of shade tree diseases. (all in favor.) CITY ADNINISTRATOR'S REPORT 1. Memo from Fire Chief Cormier in regard to resignation of Fireman Arthur Andrews. Councilman Nolde: We are losing a goad man; I move we accept his resignation and send him a letter thanking him for his services to the City of Stillwater. Councilman Peterson seconded the motioon. (all in favor). 2. Mono from Fire Chief Cormier romp:emending appointment of Mr. James Paul Senft to the Auxiliary Fire Departmsent. Councilman Peterson moved to follow CAh ief Cormier's recommendation; Council- man Molde seconded the motion. (all :tn favor). 3. Memo from Fire Chief Cormier pudygesting that rates for rural fire pro- tection be raised (due to increase :La assessed valuation, etc. of May. Grant and Stillwater townships.) The City Attorney was then directed tco work with Fire Chief Cormier in nego- tiating new rates for rural fire protraction. 4. Memo from Fire Chief Cormier reeguesting permission to send three men to Minnesota State Fire School. Councilman Molde moved that the threes men be allowed to attend the school, with mileage, meals and registration to toe paid for by the City: Councilman Peterson seconded the motion. (all in favor).. 5. Memo from Fire Chief Cormier requesting that Council give consideration to purchase of aerial ladder device fax use in the City. Councilman Peterson: The price hasn't gone down, has it? Chief Cormier: It would be anywhere from $45,000 to $55,000: in fact the cost is going up. Councilman Peterson: Until we recei•.ve word on our request for legislation to change our mill rate, there is nothing we can do. Mayor Powell: I must concur with Councilman Peterson; you will have to bear with us for some time yet. Councilman Mohiers: I know we need Lt. but where is the money going to core from? We can't buy it with cigar caaapons. 6. Councilman Wohlere requested tiaat the Council consider ing meters on Main Street (from Myrtle Street north on the street) . Councilman Wohiers: Those meters are the biggest nuisance I What little they take in, it would bre better for traffic and if they were removed. removing two park - East side of Main have ever seen. everybody concerned • • • • i „ k (April 11, 1967 - continued) • e"`• • Mayor Powell: I am going to suggest that Councilman wohlers and Chief Roepke get together and work this outlt7 they can determine what would be best. Let Don Myers (meters in fronet of Myers Station) know what your de- cision is as long as he is the one that complained. 7. The dog problem which exists ins the City was discussed at the request of Mayor Powell. Councilman Peterson: There have beet hundreds of complaints about dogs; four years ago we attempted a leash :Law. Everyone said you can beat up my kids but don't tie up my dog. Mayor Powell: A tranquilizer gun was; requested some time ago; if the Council so desires maybe I should look into .Lt again. Dr.Connell would allow us to use his connections to get a favorab..Le price on one. City Attorney: You would have to amend the ordinance also. Mayor Powell: If you feel some steps Should be taken, now is the time to act. Do you want to instruct the attorney' to work out something where a tranquilizer gun would be legal? Councilman Peterson: I move to instruct the City Attorney to look into the dog ordinance and suggest changes ass would be necessary to allow the City to use a tranquilizer gun in apprehendi:ag and controlling the dogs. Councilman Melstrom seconded the motion. The vote was as follows: Councilman Peterseens Yes Councilman Melstram: Yes Councilman Molder: No Councilman wohlertmt No Mayor Powell: Yes 8. Condition of Bliss property located next to Municipal Building. Mayor Powell: I went next door and talked to one of the tenants. I would like to ask Mr.Thompson, when somettuing like this occurs (junk on property, debris thrown onto City parking lot,. etc.) is the property owner liable? Building Inspector: Yes. I explained to Mr. Bliss once what the situation is; it is worse now than it ever was.. The Bliss boys are storing plumbing equipment on that property. City Attorney: If that is a nuisance. you have a right to correct it. Councilman Peterson: If this condittion is such that it can be considered a nuisance, we should give them thirty/ days from tomorrow to get it cleaned up. I move that the Mayor write a letters to the property owners involved instruct- ing them that this area shall be clammed up in thirty days or the necessary action will be taken against them. Councilman wohlers seconded the motion. Councilman Nolde was opposed. Councilman Nolde: I am opposed because I don't £eelit is the responsibility of the Mayor to send any Letter; it should come out of the Building Inspector's department. Mayor Powell: I would say that through Council action, if this is not cleared up in thirty days, the Building Insgector's department will carry out the func- tions of that office. Building Inspector. we have a reguliax form for that. • • (April 11, 1967 - continued) }29 • Councilman Nolde: we should take a trrip around the City some day to look at the nuisances - north of the city. Mayor Powell: We have an ordinance Mat we are assembling to handle this situa- tion, have we not? Councilman Peterson: Mow about junk rears sitting on property? City. Attorney: I will look into that:. You had better pass two ordinances; one for snow removal purposes and one for: junk care, etc. on property. Chief Roepke: I asked two years ago Ear a 24-48 hour parking ordinance and no one has passed one yet. Mayor Powell: You and the City Attorney can get together. 9. Reports submitted by Clerk of Curt were approved by the Council. (Court activities during the months of Februaary and March. 10. Application submitted by Roland. Boucher for position of Municipal Build- ing custodian. Mayor Powell: I hesitate to hire a temporary janitor because the City Attorney and I are working on something that wnL11 probably solve the problem. Ask Adolph' Carey to come up for a few days and d.b what is necessary until we get a permanent 11. Discuss purchasing shades for ,windows on west side of Municipal Building. After discussion of various types of :shades which could be used, shutters, awn- ings, etc., Councilman Peterson moved1 that Councilman Molds be instructed to con- tact Peter Racchini, architect, to as)t him for his opinion. Councilman Nolde seconded the motion. (all in favor). 12. Hiring of new fireman to repla:ee Mr. Andrews. Chief Cormier: We held written examiu ations the other day and the oral exams were held tonight; three of the four .applicants passed the exam. The number one' man has asked for two days to make a decision; I would recommend that the man be hired on the l6th of the month if at .iLt possible. If the number one man wants to waive, the number two man will takae the job right away. Councilman Nolde: I move we leave thee hiring of this man to the Chief of the Fire Department; either the number onns nan or the number two man, by April 16, 1967. Councilman Mohler', seconded the motiion. (all in favor). UNFINISHED BUSINESS 1. Items 2 and 3 of the City Engiineex's report, submitted at the March 28th meeting of the Council. were carried over to this meeting. (street improve- ments and building of a street garage). Mayor Powell: The Engineer has given me costs on streets that have been peti- tioned for; the total cost is estimated at $189,000.00. Councilman Peterson: Does this include storm sewer? City Engineer: Yes. • • 4 :3 0 • (April 11, 1967 - continued) • Councilman Peterson: Now many feet ddoes that involve? city Engineer: I estimated total cost only; there is a great possibility that this will be under $7.00 per foot. Councilman Nolde: In connection with .this and the street garage, I think it's time we get Ozzie Springsted (bonding consultant) over here. Councilman Peterson: The last time Ile was over we discussed the possibility of bonding for an overall program; whether it was done this year or not. Mayor Powell: If it's agreeable to the Council I will contact Mr. Springsted and arrange for a suitable meeting niggtt with him so we can discuss a bond issue. 2. City Attorneys Judgments on the parking facilities claims have not been paid: I advised Mt. Brower to nay them; it is our duty to satisfy them - this will clear the way for BS.S.P. to pay us the money for the gravel pit which they purchased from us. (M.S.?. cannot pay the City un- til all judgments against the City knave been cleared). Councilman Peterson: I move that the judgments against the City of Still- water be paid. Councilman betatron seconded the motion. (all in favor). 3. City Attorney was to check the Improvement Code to determine if it is permissible for the City to reduce Ube Methodist Church Assessment (for LI No. 55 & 56) without holding another !searing. City Attorney: It is my opinion that mom must notify the owner involved of a hearing. Councilman Peterson: Do we have to pultlish it in the paper? City Attorney, No. You can merely serve notice on the church that a hearing will be held next Tuesday. Councilman Peterson, I move that the City Administrator's office be instruct- ed to inform the Methodist Church that •s hearing will be held on the l8th of April. Councilman Nolde seconded the motion. (all in favor). 4. City Attorney expected to have At::torney General's opinion on question of hospitalization coverage for Mayor,, Council and dependents. City Attorney: I talked to Mr.Windhoratt (Revisor of Statutes). I told him to go ahead with the drafting of a bill;; at the same tine I addressed a letter to the Attorney General for his opinion.. I would suggest that if we do not hear from the Attorney General's office by next Tuesday, to go ahead anyway as it will be covered one way or the other. NEW BUSINESS Request for special permit to build an avartment building on Fourth and Myrtle Streets in the City of Stillwater, submi+.tted by John Heinlein. Building Inspector: Plans have been gone, over by the Planning and honing Commission; the thing to be considered ism the lot size - it is not a desirable location for anything but this type of structure. The Planning Commission voted to approve the construction of thine building and I think we followed the proper procedure. • • (April 11, 1967 - continued) 43L • • Councilman Melstrom: In view of the recommendations of the Planning Commission, I move we accept their recommendation end grant the permit. Councilman Nolde seconded the notion. (all in favor). On motion of Councilman Nolde, seconded by Councilman Peterson, the Building Inspector's report covering activities! during the monthof March, 1967, was approved. Memo received from City Engineer as foollowss "Northern States Power Company hem installed a street light on the corner of Grove Street and South Fourth Street by the cemetery. This light was installed by them in conjunction with some lights that were authorized to Oak Park Heights Viillage along South Fourth Street. They will remove the light and relocat_m it further south on Fourth Street, or if the City is willing to assure the cost of operation for this light at $55.20 per year, N.S.P. will lleave it there and install another light for Oak Park Heights farther soutah..." Councilman Noldes I move we leave the Light there. Councilman Wohlers seconded the motions. (all in favor). On notion of Councilman Peterson, seconded by Councilman Wohlers, a sewer rental charge of 'old rate plus 1O%' urns established for the new medical com- plex located on Greeley and Olive Streets in the City. (all in favor). The Engineer requested that the Commit revise the assessment on Local Improve- mennt No. 59 (Olive Street) in the name of Arthur H. & Ruth M. Zehnder; they were charged for a new water replacement which they did not get. councilman Nolde moved that a hearing lie held on Tuesday, April 18, 1967, and mailed notice be sent to Mr.Zehnder to that effect. Councilman Peterson second- ed the motion. (all in favor). Order received from City Building Inspector regarding American Legion Bathing Beach -bath house. (unsafe building). Building Inspectors I didn't realize tent beach is in such horrible shape; Mr.Blekum is afraid to slam the door on the bath house as the wall might collapse. Councilman Molds: I think we should addvertise for bids - tear it down and put up a new block building with a roof on it. Mayor Powell: Would the Council care no take some action as to preliminary cost? Councilman Peterson: would this come mut of the real property fund? City Attorneys Yes, sir. Councilman Peterson: I move the Mayor be instructed to check the real property fund to see the various income and expenditures expected for the current year, and report back at the April 18th meeti:.ng of the Council. Councilman Nolde seconded the motion. (all in favor). • • 482 (April 11, 1967 - continued) • on motion of Councilman Nolde, seconded boy- Councilman Wohlers, the following insurance policy was approved, subject to. agent submitting endorsements as soon as any changes in cars are made: Insurance Policy No. 21 074460„ issued by' Dairyland Insurance Company of Madison, Wisconsin, covering Victor Prase:att. d/b/a Stillwater Taxi Company, effective March 15, 1967. ORDINANCES on motion of Councilman Peterson, seconded by Councilman Rolde, the Clerk made the first reading of "An Ordinance 'emending an Ordinance Entitled Zoning Ordinance of the City of Stillwater." RESOLUTIONS resolutions The following 101Ciareare, on roll call, aadopted: 1. Directing the payment of Bills. 2. Accepting Petition and Ordering Prepaaxation of Preliminary Report (West Linden Street). 3. Accepting Petition and Ordering Preparation of Preliminary Report (St.Croix Avenue Water). 4. Favoring Legislation (Judge's Salary - $10,000.00) TM vote on this resolution was as fellows: Councilman Melstrom: Yes Councilman Nolde, Yes Councilman Peterson: No Councilman nibblers: Yes President Powell: Yes 5. Requesting Assistance from U. S. Armor Corps of Engineers (to survey for permanent dike possibilities). 6. Requesting Assistance from State RigltSway Department (for traffic congestion) the vote on this resolution was as f.iollows: Councilman Melstrom: Yes Councilman Nolde: No Councilman Peterson Yes Councilman Wohlers: Yes President Powell: Yes 7. Authorizing Execution of Easement (G31b Swanson property) ADJOURNMENT On motion of Councilman Peterson, secondded by Councilman Nolde, the sting adjourned at 12:07 A.M. ItLt't ,4�� Mayor Attest: • • (April 18, 1967 - continued) 4.1') • • Council Chamber Stillwater, Minnesota Regular Meeting Apnril 18, 1967 7:30 P.M. The meeting was called to order by President Powell. Opening prayer by president Powell Present: Councilmen Melstrom, Peterson, Wohlers and President Powell Absent: City Administrator Councilman Holds arrived late. UNFINISHED BUSINESS (out of order) This was the day and time set for Marshy on Proposed Supplemental Assessment (Local Improvement No. 59-1966) Zehndwler property. The Clerk read tho notice for hearing aloud: the Mayor inquired if the notice for hearing was mailed to the property# owner; and the Clerk informed the Coun- cil that the notice for hearing was maeiled on April 14. 1967. The Mayor then opened the hearing. NoOne appeared for or against the proposed supplemental assessment. The Mayor then closed the hearing. (See Resolutions). This was the day and time set for Heating on Proposed Supplemental Assessment (Local Improvement No. 55 a 56-1965) Methodist Church Property. The Clark read the notice for hearing. aLoud: the Mayor inquired if the notice for hearing was mailed to the property- owner and the Clerk informed the Coun- cil'that the notice for hearing was mailed on April 14, 1967. The Mayor then opened the hearing. A representative of the Methodist Chusrch was presents however no objections were voiced. The Mayor then closed the hearing. (]See Resolutions). PETITIONS (out of order) This was the day and time set for Hearing on the Petition to Vacate a Portion of Stillwater Avenue. The clerk read the notice for hearings aloud: the Mayor inquired if the notice for hearing was published and the Clerk informed dithe ng GCouncithat uncil official papere notice for hearing was published in the Stilllwater paper of the City, on March 17, MarCTS 24, March 31, and April 7, 1967. The Mayor then opened the hearing. • 4:34 (April 18, 1967 - continued) • • Mr. Charles Berg 1208 North William Street As a property owner, I object to the pettition for the vacation of Stillwater Avenue from Carnelian Street to Owens Sttreet. When the gentlemar from Colonial Investments was at my house last fall, I told him at that time that I was not enthusiastic about hie wanting3 a street through there. I suggested we get together and petition the City Council to vacate Stillwater Avenue from William Street to Owen. For some mmknown reason he seemed to bypass me on this. I have not seen a plan as to what they intend to do with this piece of property to the south of us. Ne saidi he was interested in putting his parking lot over there for the nursing thane. Nothing has been sent to the people who could be affected by this an I think the City Council should deny his petition on this basis. Mr. Mickelenor and I could be forced to pay for street improvements not beneficial to one property. Mayor Powell: Colonial Investments is sacking for the vacation of the street from Carnelian to Owen, which they own both sides of. If you wish this other portion vacated, you and Mr. Nickelson have enough property so you could do that. Mr. Bergs The fact that you might grant: this petition doesn't insure the fact that you will grant us the same. Ale is taking a piece of property there but that still doesn't mean that he is entitled to vacate without coming to other property owners about taking the meat of it. I mentioned to him last fall -why not get together on this - he+bypassed us. Councilman Peterson: You could not be herded into paying for a street you do not want. In order to petition for a new street you have to have over 50% of the property; if you refuse to sign tBEere could be no petition. Mayor Powell: Your petition, as far as ethic Council is concerned, would be every bit as good as theirs - there is nos cross street there. If you were to have a petition before this Council I can't see any reason why they wouldn't act on it the sane as Mr. Chamberlain's ;petition. Ne has a valid petition. Mr.Berg: I agree it is a valid petition,,, but as long as he knew about this he has some other reason why he didn't include us. Mr.Chaeberlain: I didn't mean to offend Fee. Berg; when we had our discussion it was to open Stillwater Avenue. We saiid we wouldn't do it if it weren't agreeable to both of us, but I didn't feel he would have any bad feeling about vacating a street in front of our cows property. Mr. Bergs I said if we got together and vacated this, I made an offer and you would be able to pick up an additions'/ 110 feet of property at a very reasonable figure. Mr.Chamberlain: I didn't think you would3 be offended by our vacating a street in front of our own building - ourr discussion was more about opening the street; I certainly had no intention of bypassing you. I think we dis- cussed about putting in a street - we wouald then pay for assessments as we would benefit by it. Mx:Berg: Is your plan still to make a parting lot of that area? Mr.Chamberlain. It was requested by the :Planning is Zoning Commission that we use that property for a parking lot - .east of our nursing home - for em- ploye parking. This is in the minutes o.E the Planning Commission meeting. The addition of the nursing home will bet: on the top of the road. Mr. Berg: i understand that. The thing I: am concerned about - if this peti- tion is granted, you don't really set a d.Infinite precedent that the City Council would actually go along with us. Mr.Chamberlins You can make it a matter col record that we would go along with it; I would say that right now. Councilman Peterson: Unless there were so ne extenuating circumstances, it would be hard for us to agree to vacate one block of a two block section and then turn around and deny the other blfock, e • e • • maim (April 18, 1967 - continued) Mr.Chamberlainz I will sign a petit ion now if you like. Mayor Powell; We have to vacate a street by unanimous vote of the Council; I can see no reason why your petition ,wouldn't be granted either; you have a propo- sition that makes as much sense as hnis. Mr. Berg: That's right; I was quite concerned. Where would we get the necessary forms to petition for vacation of the rest of the street? Mayor Powell: From the City Clarkinoffice. After all interested parties had been given an opportunity to be heard, Mayor Powell closed the hearing. Councilman Peterson: I move to introuloce a resolution vacating that portion of Stillwater Avenue between Owen Street and Carnelian Street. Councilman Mahler, seconded the motion. (all in favor). Petition from Gardner Thomas, President, Gerdy's, Inc., for special use permit to construct and operate a garage on northeast corner of South Fourth and Grove Streets. (Hearing set for April 25, 1967 at request of Building Inspector.) Councilman Meletrom: I move the request be referred to the Planning Commission. Councilman Wohlers seconded the motion. (all in favor). Petition from Herbert B. Balfanz, 305-o Bast Poplar Street, for grading and sur- facing of Poplar Street between HroadB.ay and First Street. Councilman Peterson: Are there any prroperty owners on the north side of the street? I would suggest that the City Administrator's office return the petition to Mr. Balfanz and explain to him that we have to have over 50% of the property owners signing in order to have a valitd petition. Councilman Peterson moved for the aboase; Councilman Metstrom seconded the motion. (all in favor). Councilman Molds anted at the meeting' at this point. DELEGATIONS OR INDIVIDUALS (out of order) te. Taplin and Mr. Fred Melby, of Mi1:.Ler, Melby & Roberts, architectural firm from Minneapolis gave presentation at: this time in regard to low rent housing nor the elderly. After a question and answer period, Malayor Powell stated as follows; Perhaps at our next regular Council meeeting we will proceed to appoint a Housing Authority; we wilt review all interesteed architectural firms who have made pre- sentations and we will have to make ugp our minds. Mr. Dave McNeil St.Croix Valley Area Chamber of Commence We want to lmow if the Council would aellow downtown merchants to utilize parking stalls in front of their stores on Mayy 4. 5 and 6, to put up outdoor stalls, if they were to pay for the units they wooeld use. We want to make it available to those who would have the type of merchandise to display outdoors. 4.35 • • 4:36 (April 18, 1967 - continued) • Mr.. Eastwood: They would face toward the stores? Mr.MaNeil: They would be roped off for their own protection - it would be the same area that a car would take up. The only one I know of for sure who would utilize it at this point is /Thompson Hardware. Councilman Peterson: Chief Roepke, do yyou think we could do this on a state highway? Chief Roepkes I don't know of any reason why not. City Attorney: That is correct; just sco they don't enter the flow of traffic. Mayor Powell: Whatever we can do to keep? business alive in Stillwater, we should do. I would personally be in favor of this. Mr. McNeil: I would prefer that we get a letter from the Mayor or the Police Chief setting up the exact stipulations involved - roping off, etc., will be more for their own safety and to keep it under control. Also, that each store owner would have to be responsible for Iris own display. Mayor Powell: Talking about them payingg for the meters.- it would amount to about- 5Ot per day and it would be my thnought that if/just covered the meters and let it go at that it would be alright: we wouldn't be losing any money. I would suggest that you contact our attorney and Chief Roepke and they can make recommendations; the Administrator's office will send a letter giving permission, if this is alright with the *Council. Councilman wolde moved for the above; Comuncilman Meletrom seconded the motion. (all in favor). Mr. McNeil: I would like to discuss a latter which we sent to you about police training; we would like to cooperate with the Council on this matter and try to requestthe necessary funds (ffron the Chamber members). Mr. Mceeil read the following letter alontd: "At a recent Retail Committee meeting Judge McDonough spoke to area business men about the problems confronting the Juvenile Courts. One suggestion was made concerning -the Chamber of Commerce discuss- ing with the City Council an adequa'ste police training program such as offered by the Chicago Police Academy. I would like to know what your feelings are concerning ti&is type of training program for our local officers, the cost involvred and what the area businessmen cab do to assist in seeing that our' local police officers have this type of training available to them. I know you will give this your personal consideration and advise a:a soon as possible." Mr. McNeil: We know that the police department has its hands full, and that the merchants and the juvenile courtts have their hands full. It would be a step in the right direction to try and do something in the way of crime prevention. Mayor Powell: Mr. Hooley told me about tthe Chicago Police Academy, but the City can't even send men to the St. Paul Academy because we don't have the money. Mr. Hooley suggested that there night be possibility that they would even raisesome money for the cost of a reepLacement policeman while the man was in Chicago. Mr. McNeil: I would like to know what tile actual costs would be and if the Police Chief thinks this is a worthwhile program - if it is the best at our disposal, we certainly want to get our people down there. Mayor Powell: We would want to send the man most qualified so he could relay information to the rest of the force. • • (April 18, 1967 - continued) 437 • e Mr. McNeil: If the Chief can find out esomething about this Academy or some- thing similar to it, we could look at these and find out which is the best. We have no idea of what costs are going to be. Chief Roepke: The cost to send men to sat. Paul was down because officers who were going to attend were going to work most their regular shifts at night. I can contact McDonough; perhaps he woulld have something on it. Mayor Powell: Iwould suggest that the oChief contact Judge McDonough and work with him and the Chamber of Commerce so i that some recommendation might be made and sane estimate of cost could be made,. Mr. McNeil: We are very interested in Ihelping to finance this. Councilman Melstrom moved that a survey be made by Mr. McNeil and the Chief to see what they can come up with; Councilman Wohlers seconded the motion. (all in favor) . Mr. McNeil: The Chamber would also lilwe to know if the Council has taken any definite stand on this proposal for Metitopolitan Government or not; the Chamber of Commerce opposes it. We have dream a resolution on it. Mr. McNeil was then informed that the City Council was opposed to certain forme of Metropolitan government as pr©posed, but had not taken any formal action as yet. Mr. McNeil: We would like to ask the ldelp of the City Councilin regard to the Scenic Biverway Bill. All those meeetings which were held in 1965 and 1966 on Mondale'. bill, etc., the resolutioams sent to Washington, etc, and now we find that the Bouee File 752 is an examet copy of the Mandel Bill with no changes whatsoever. we are trying to get Kartil to let us know what his position is in feggard to the current bill. City Attorney: I have a copy of the B.ILL1 from Korth; Chester Wilson was draft- ingsame more specific things. Not on.Ly. did they fail to amend or incorporate these changes in the bill, but Chester hes been led to believe that it is even more dangerous to the City of Stillwater than it was before. He was going to bring.. some more changes to my attentiocn. Mayor Powell: Could you work with thee Administrator's office in drafting a letter to Karth7 City Attorney: Absolutely. We could mend it to our whole State delgation in Washington. Councilman Nolde: Rather than get a Ilot of unfavorable publicity, Karth is going to be in the State soon; the Citty Attorney and Mr. Wilson and someone from the Chamber should sit down and meet with him, when he isin the cities. I am sure you can get this worked out if you want the bill changed and I am sure it will be changed. Mayor Powell: We could mention in thee letter that we would appreciate discuss- ing it with him. City Attorneys I don't know who on t.•he Council was at the meetings at the White Pine Inn, but I definitely remember Karth stating at that time that he would institute our recommendations iva the House bill; this is in the Nouse 'without the amendments. Mayor Powell: The general consensus Ls that a letter be written reiterating our stnd ave a ng with him futureaso wed ask if will havetanspossible nics understandiisghof what he is intendingetoetime do. in the Councilman Peterson then moved that as letter be written to Mr. Karth; Council- man wohlers seconded the motion. (alit in favor). • 43h m (April 18, 19E7 - continued) • APPLICATIONS On motion of Councilman Nolde, seconded by Councilman Wohlers, a License to Operate as a Junk Dealer was granted) to Harry Thompson, 321 South Third Street, Bayport, Minnesota. (renewed.). COMMUNICATIONS From Howard R.Albertson, State Representative, in regard to County Municipal Court system. Mr.Albertson stated that he did not believe the proposed County Municipal Court Bill would pass in this session of the legislature. As a re- sult, he states that he mast have from the City and the Washington County Board an agreement and a resolution as to the increase in pay for the present municipal court judge. The Council was informed that a copy' of their resolution, passed at the April llth meeting of the Council had been: mailed to Representative Albertson al- ready. The City Attorney -then suggested that a copy also be sent to the Wash- ington County Board. From the State of Minnesota, Water Poollution Control Commission in regard to joint sewage disposal facilities - City of Stillwater and Village of Oak Park Heights. Mr.Barr, secretary of the Commission„ stated that the Commission does not feel it should intervene until both parties had diligently studied and discussed every aspect. That in any case, the Commission would not take further action until its next meeting, to be held or May 8, 1967. From Roger B.Short, Banister Engineering Company, in regard to joint Sewage disposal facilities - City of Stillwater and Village of Oak Park Heights. Mr. Short informed the Council that as of April 14th, Banister Engineering had received no engineer's reports, etc.,,, from Bonestroo Engineering in regard to location of Oak Park Heights proposed trunk line, etc. Councilman Peterson: I move that the Administrator's office be instructed to write to Bonestroo, Consulting Engineers for Oak Park Heights, requesting various information and have them forward it to Banister Engineering Company. Councilman goblet:: They were told oto do that before and they turned it down. Mayor Powell: If you will remember, there was *meeting with Bonestroo, Mayor Johnson and myself; at that time he algid he would send this information to Banister; they have had tine to do these. At this discussion. Mayor Johnson said they would proceed with the installation of sewer down there - they weren't going to wait. I told him we couldn'"t O.K. anything we hadn't seen. Councilman Peterson: I personally dcon't think it will do any harm to send them another letter - that we are still) waiting for this information. Councilman Nolde: I will second Coumrncilman Peterson's motion. (all in favor). From Rockwell Park-O-Meter Company inn regard to annual parking meter service school, to be held on May 9, 10, 11 and 12th. Mayor Powell: Is there any need to sand our man to that? Chief Roepke: He has gone every year; maybe he wouldn't care to go anymore. Councilman Nolde moved that the lette::r be filed; Councilman Peterson seconded the motion. (all in favor). • (April 18, 1967 - continued) 4:” • CITY ADMINISTRATOR'S REPORT 1. Hiring of Janitor for Municipall Building. Councilman Melstrom. I would like to matte a motion that the Council go on record and hire Mr. Stan Larson as custodian when he is available. (Mr. Larson is pre- sently employed at the Connolly Shoe Company) . Councilman Peterson seconded the motion., Mayor Powell: As Mt. Larson will not bee available for about two months yet, we must retain the services of Mr. Garer or find someone else. One of the two applicants that were being considered - Louis Garavalia - said he doesn't care to be custodian because of the loss of sealary he would have to take. He did state that he would be willing to assistt us if we needed him until such time as we have a full time man. Councilman Noldes Couldn't Stanley Lamson put in a couple hours per day here? Until he is a full time employee of the City? Mayor Powell: I will talk to him and reeport back. Councilman Melstrom: I will include thaat in my motion - ask him to spend some time here on a part time basis. Councilman Nolde then seconded Councilman Melstrom's motion. (All in favor). 2. City Attorney: Do you want to met a time and place to meet with Mr Miley? (attorney for former firemen). Mayor Powell: Maybe we should meet informally. City Attorney: Miley wants to discuss tthe possibility of a settlement. Councilman Peterson: Have him suggest an date. City Attorneys I will try to reach him right now. The City Attorney attempted to contact M!r.Miley; however, he was not available and no further discussion on this item t3ook place. 3. Councilman Noldes I move that we purchase the tranquilizer gun and give notice to the newspaper that we are going to clamp down. Chief Roepke: You would have to have Lilability insurance for this; if you hit a dog in a vital organ it will kill him.. Mayor Powell: I think we should also order some type of dog eliminator so we don't have to shoot a dog; something Oust would put it to sleep instead. Chief Roepkes The Afton animal adoptio.m center sa 1 here is a State Law which says you have to hold a dog for five dayys; we only/them for three. Mayor Powell: we will hold them five daeys if that is what it says. It would be my suggestion that the Chief work through Doc. Connell and order the gun through him; also get a syringe through hin. Councilman Peterson then seconded Counci.ilman Nolde's motion. (all in favor). 4. City Attorney: My son and some: other boys wanted to appear before the Council in regard to some 75 to 100 boys. smoking by the school when it lets out: they thought that when the police go by LE they would get out of the car and inquire of a few names it might dispenses themnore quickly. They wanted to ask the Council what they thought about it. • 440 • (April 18, 1967 - continued) r • • Mayor Powell: Do you think it would odo any good if I called Tom Campbell and told him that i received this regiment? Perhaps the first thing that should be done is to try to have them (enforce it. Chief Roepke: This group is waiting tfor the bus - they are not walkers. Mayor Powell: Maybe if the Council wamre to appear at a School Board meet- ing - I would think the problem could best be handled by the School Board. Chief Roepke: All of those kids have permission from their parents to smoke; we used to take cigarettes away from then and we had more calls from irate parents: Councilman Nolde: The school system the not solving any of these problems because the parents won't let them. Councilman Peterson: I will call and find out when the next School Board meeting is. UNFINISHED BUSINESS City Engineer was to report in regard to bids on the Street Department truck which were opened on April 11, 1L967. The Engineer recommended that the bid Ibe awarded to the Stillwater Motor Company, low bidder with a bid of $6,9'OL.00: however, he stated that this bid was some $400.00 over the money al:ioted for the truck in the budget. Councilman Nolde introduced a resolutionn to purchase the truck; Councilman Peterson seconded the motion. (all in favor). (See Resolutions). Councilman Wohlers and Police Chief Roaapke were to investigate removal of two parking meters on Main Street and snake a recommendation at this meeting. Councilman Wohlers: I compromised for the removal of one - in front of Myers Station. This is Mr.Roepke's recommendation and I can see nothing wrong with it. Councilman Peterson moved to follow them recommendation of Chief Roepke and Councilman Wohlers. Councilman Melstrom seconded the motion'. (all in favor). At the April llth meeting of the Council., the Councilmen directed the Clerk's office to set the sewer rental charge nut the new medical complex on Greeley and Olive Streets at the old rate plus L0%; however, in checking with the Water Board it was found that this was ;not possible as all of the water used in the old building on Main Street went: on one meter - there was no break- down available. The Water Board recommended a rate of $18.00. Councibnan Wohlers moved that the rate Ibe established at $18.00; Councilman Melstrom seconded the motion. (all in : favor) . The request of Gary D. Anderson for an adjustment in his sewer rental charge was carried over to this meeting (from April 11, 1967). After checking with the Water Board, they recommended a minimum charge of $5.00. Councilman Melstrom moved for the above;: Councilman Wohlers seconded the motion. Councilman Peterson and Nolde were opposed. Mayor Powell voted in favor of the motion. (new rate - $5.00)1. • • • eTh (April 18, 1967 - continued) 441 • • Memo from City Engineer in regard to perking lot which was obtained in the exchange of land with the Rilty-Ogren Company. The Engineer recommended that meters tte placed on the lot if it was the Council's intent to do so. City Engineer: Last fall. one company/ that was surfacing the parking lot proposed to put in 2" of gravel and 2"' of bituminous which would have cost less than $1,000: however. this would mot be the same as the other parking lots we now have on which there is i" of bituminous. Councilman Peterson: We would have too advertise for bids then? City Engineer: We could get estimates:s from a couple of contractors. Mayor Powell: We are going to have a: meeting with Mr. Springsted; we should put this on the list of things we hay.'a to do. City Engineer: We have available funds for this in the parking facilities fund. Mayor Powell: It should be done if tIae rest of them are that way. Mayor Powell was to repot on the stattas of the Real Property Fund in connection with construction of a new bath houses at the Legion Beach. Mayor Powell: Roughly, we will have About $20,000 in the fund, but I vented to contact Mr. Brower to see what wall be coming out of that amount. He bas been unavailable. Councilman Peterson: Bow much is thee estimated cost? city Engineers You would have to cos:nsider outside wells and cost of inside walls. You could put it into one lump bid - for demolishing and reconstruction. councilman Noldes Would that be a bilg job? City Engineer: It would be a bigger job than my department can handle right now. Mayor Powell: The Chair would recommendthat meetcoCounciwith lman Nolde inquire asto gto who is available to draw some plans: you some figures. Councilman Peterson moved for the aboove; Councilman Melstrom seconded the motion. (all in favor). NSW BUSINESS On motion collateral,fCouncilman pledged by thetCosmopoli.tandState ed by(BOH kdof Stillwaterthfollowing to secure City deposits. was released: $50,000 U. S. Treasury Notes; 4IO. Series D-1967, due 5-15-67. ORDINANCES None (April 18, 1967 - continued) RESOLUTIONS The following resolutions were. on noll call adopted: 1. Directing the Payment of Bills 2. Adopting Supplemental Assessment (LI No. 59-1966) 3. Adopting Supplemental Assessment (LI No. 55 & 56-1965) 4. Accepting Bid and Authorising Egrecution of Contract - Street Department Truck. 5. Approving Employment of Fireman (John Schoen) 6. Approving Payment of Hospitalisation, Medical and Surgical Insurance for Mayor, Council Memb a rs ailed Dependents. 7. Relating to Sewer Extensions. Earlier in the meeting, Councilman Peterson had introduced a resolution to Vacate a Portion of Stillwater Avenue; The vote on that resolution was as fellows: Councilman Melstrom: Yese Councilman Molds No Councilman Peterson Ye® Councilman Wohlers: Yds President Powell: Ye® As a unanimous vote is required to vacate a street, the resolution did not pass. Councilman Molds: I voted no becaanse he didn't do what he saved by ideheiwasEggooinger's to do; the sewer and water plans Face never been plans are approved by thegcity Engine ands I fm not.fapproving s tes 9 Engineer's office. If he wants too- have this taken care of at a future meeting he can do that. ion of e Mayor aterlA Me; perhaps ps we cans form him thattition for ° Mr.Chtamberlarnbwassst of turned Stillwater Avenue; d; not because he did not submit rhea necessary Plane. If we were to inform Mr. Chamberlain that because he did not go through the Engineer's Department, he could apply again with Mr.Berg and Mr. Nickelson for the vacation of the whole street. Councilman Peterson: All he is rtequesting at this times is for the mehing lvavacation of the Street. When the time COMBS for him to request an be required to submit these planes and specifications. Mayor Powell: Do you think it's, the correct action that he submit his plans to you? City Engineer: I did not say that. Mayor Powell: I am asking you. city Engineer: I would just as soon refrain from answering. Councilman Nolde: They have a p,tivate sew er and water line` thhis o psvgoe eoes thrroough private property; he should inform the city how he is going and water. Mayor Powell: When Maple Manor built their home, we were aware of how the sewer was going in, didn't we? e (April 18, 1967 - continued) • City Engineer: Yes, but that's not twat buildings. Mayor Powell' we must notify Maple Manor that their petition for vacation has been denied until he submits plans' for sewage on the addition. He can re -petition with Mr.Eerg and Mr. MickeeLson; is that agreeable with the Council? Councilman Peterson: No. No poll was' taken; he was turned down on the vaca- tion of the street; that's it. Mayor Powell: How do you wish to infoccm bin? Councilman Molde: I explained why I vvoted the way I did; I am out of it from here on in. He Should at least tell somebody what he intends to do; he should come in with some kind of a plan. Councilman Petersen: I don't see what this has to do with the vacation of a street; you are putting the cart in front of the horse: Mayor Powell: will you withdraw your 'no' vote and state that you want, it tabled for one week? In the meantime the Administrator's office is hereby in- structed to notify Colonial Investmento that no vote was taken because, be- fore we can vacate this street we shouuld have sewer and water plans approved by the Engineer's Department. Councilman Molde: I move we table them voting until next week. Councilman wohlers seconded the motiono. (all in favor). ADJOURNMENT On motion of Councilman Nolde, seconded by Councilman Melstrom the tins adjourned at 10:49 P.M. i yes Attests • 444 e • e Council Chamber Stillwater, Minnesota April 25, 111967 7,30 P.M. Regular Adjourned Meeting The meeting was called to order by President Powell. Present: Councilmen Melstrom, Nolde, Peterson, Wohlers and President Powell. Absent: City Administrator, City Attorney. COMMUNICATIONS From James D. Gibbs, Chairman Law Day, 19671, requesting that Mayor Powell proclaim May 1, 1967, as LAW DAY USA in the City of Stillwater. Councilman Nolde moved for the above; Council/man Peterson seconded the motion. (all in favor). UNFINISHED BUSINESS This was the day and time set for Public Hea:.ring on Proposed variance to Ordinance No. 383 as follows: Constfaction of two homes with a ten (1,1) foot variance from property line on Lots X. Y and Z of Registered Laand Survey #7, as petitioned for by Gerald C. Lupient. The Clerk read the notice of hearing aloud; /the Mayor inquired if the notice for hearing was published, and the Clerk informed the Council that the notice for hearing was published in the Stillwater Elvening Gazette, official news- paper of the City, on April 14, 1967, and a copy mailed to all known property owners affedted (within an area of 300') on Morn 13, 1967. The Mayor then opened the hearing. Letter from J.G. Woidemann, 1603 North First Street, stating that as he would be unable to attend the hearing, he was writiing to state his opposition to granting of the variance in question. Mt. John Thorsen: (attorney) I am appearing, with Mr. Lupient tonight in con- nection with this application; I am somewhat familiar with what has happened. Mr.Eckberg was not able to be here tonight. 'This first came to the Council's attention in connection with a zero setback w.daich was denied; then Mr. Lupient applied for a street vacation. There were some technical objections to a street vacation in this area. Rather than involve anyone with legal objections, he withdrew that application. I understand that this particular application was referred to the Planning & Zoning Commission and I assume you have a repoost from the Commission. I would point out that the variance in this particular case would not be con- trary to policies this Council has taken in tie past; I understand there have been vacations of streets and relocation of streets for the best utility of property in that area. The general intent of this ordinance is to standardize location of homes in this area; perhaps it wouuld have been better to have this street vacated. Mr. Lupient's house would be located in the same plane where Mr. Mahood and Mr. Kalinoff are, but of courses, without a vacation of the street, this couldn't be. Mr. Lupient's first intent was to have uniformoLty which your ordinance seeks. The house is actually going to have to be fartIter east than the Kalinoff house or the Mahood house. If this property can be arcade valuable for tax purposes • • (April 25, 1967 - continued) • 445 • or other use without interferring with otther property in the area, this is the purpose for this variance provision iin the ordinance. This 10 foot vari- ance is a minimum distance that any houses can be constructed. I am sure you understand the recommendation of the Planning Commission is based on very spe- cific restrictions which you have the rioght to impose (Planning Commission has recommended that this variance be granteod). Mr. John Todd: I represent Mr. and Mrs. Dielentheis who live on the west side of Broadway. opposite this proposal. We refer to the Planning G Zoning Com- mission meeting; at that meeting a singles sheet proposal was presented along with a couple of maps that had been used before. Before we could agree to this variance we would have to have some delineation of what is being proposed. The most interesting point brought out in thee nesting was Mr. Kalinoff's statement that when he applied for his home, he subbmitted detailed plans, etc. I would like to point out that a 30' setback is as person's right, but when he asks for a variance, he is asking a privilege. The ordinance points out that consideratiion must be given to the neighborhood; the proposal says two houses twenty feet above grade - what grade? They haven't established anything. The people in the neighborhood have a right to the enjoy- ment of their neighborhood. Mr. and Mrs-. Dielentheis are quite opposed to this variance and there are many others in the area who want to speak on this situa- tion. There have been no plans, no grade, no elevation, no nothing, and on the inadequacy of this petition alone, it should be denied. The Dielentheises are violently opposed. Alex Kraemer 1410 River Drive I have been a resident of Stillwater since 1940; I began construction of my present home about three and a half years' ago and in buying the property to be- gin with I did rely on existing ordinance's, the plat of the area as it was. I have received a series of information from the neighbors; first the applica- tion for a zero setback - my home is two .Moors away from Mr.Dientheis;then we did receive indication of application for• a 17' setback which was not consi- dered; later, the vacation of the street 'vas withdrawal; and finally, it's this 10 foot set back. For the record, I live 'within the 300 foot limit but did not receive notice of this meeting. True.:, the Planning Commission spent a lot of time on this, but they did not have contours Of other homes, etc. My own position is for the precedence it would es:etablish in the area; I would earnest- ly ask the Council to reject this applicat.t ion for a ten foot set back. Mr. Reginald Mead 1421 North First Street I was just advised that my statement at a: recent Planning Commission meeting might have been recorded in error; .Might . I be allowed to look at the record? As near as I can determine, this statement' says that I did not agree to a ten foot setback, but did agree to a seventeens foot setback; however, that is not the case. I am opposed to such a variances. I have been thtough some lengthy meetings and conferences and I do feel theere has been some progress made with agreements accompanying this petition - south as underground services, etc., however, I am concerned about how this street will function as a street for the benefit of the residents that border on iet. We are all in a state of uncer- tainity as to what is going, to be done here; I am definitely opposed to the granting of a ten foot variance. Mr. C. L. Ammerman 1511 North First Street I am opposed generally to any changing of this ordinance from a setback that has been established - not in particular tittle piece of property that we are talking about, but we have in the area otharr pieces of property. I am opposed to any setback unless I could see completes plans, elevations, etc., so it can be decided what they are going to do. t • • • 44ti (April 25, 1967 - continued) • • Mr. Dave Linner 1503 North First Street I am real glad to see that the Planning Commission has spent a lot of time on this; in the past years there have been a lot of mistakes made in that neighborhood. They put a new street in first of my house to the tune of $1,200 assessed to me; because of poor enngineering they came along later and put in a sewer that made the street look like a washboard; I didn't like that one bit. Also, there have been some probtiems with water up there. The sit- uation was rectified but these are some cog the problems that have been going on up there. What I would like to know is Meow the City is going to continue to build new roads in new areas and not mainntain the roads they have. I can't understand this; North First Street is just like a washboard. There are lots of places to be built in Stillwater wheree there are already roads; this would be adding insult to injury to try and fiooc an area that is almost impossible to do anything with now. I am fully agaiinat this thing. There is no use in making hard feelings and more mistakes inn that neighborhood. Mr. Wendell Beardsley 1412 Riverview Drive There are three points I would like to ra:,Lse in regard to this and similar applications of this nature. Did the Pleasing Commission fully realize the purpose and intent of this ordinance, particularly dealing with setbacks? It has been my belief that these setbacks: are to protect property owners from houses being too close, and to protest the beauty of the neighborhood. I am sure this was the original intent andd purpose of this ordinance. These lots are on a hillside. Are the rights oil the property owners in a level area any better than people who live on sloping hillsides? Because of ob- struction of view and elimination of privmcy, it's the same as if the ground were perfectly level. Secondly, this sets a new precedence. When we start setting a precedence of ten foot setbacks, it opens a vast area where any applicant could request this. There are many lots in town that arts difficult to build on. In the third place, I have been in building and assigning for many years; in fact, I designed Fred Kalinoff's house; the slopes is considerable - 19 feet below the center of the street. As far as not basing able to build on it with a seventeen foot setback, I would have to di-sagree with that. I would certainly oppose granting this petition for a ten foist setback. Mr. John Condon,Chairman Planning e: Zoning Commission I would like to clear up some things; we hates given a lot of consideration to this proposal and have looked at the prepparty. The proposal made to us is about as good as most proposals that come tta us. One of the statements I would like to clear up is about this thirt:.y foot setback; I am not sure that the purpose of a thirty foot setback is to keep houses apart; houses are normally closer than 110 feet side to side;c I think probably that more of the purpose of that ordinance is traffic eontrool. In this particular case essen- tially there is no traffic on a dead end street. Mr. Ralinoff's house has a seventeen foot setback from Riverview Drive but is very close to vacated Broadway. Mr. Lupient has consented to build two houses on three lots - low; he is going to protect the view that they have Error outside incinerators etc., and all services would be placed underground; hie is going to pay for complete paving of the street and is giving the Cityi an easement on one lot big enough for the engineer to turn trucks around for snow removal, etc., these are the things we took into consideration when wo rzecomnended a ten foot setback. Mr. Thoreen: I think your concern about thse lack of information - at this point one doesn't have a clear layout of a -home; it's primarily a matter of view. Facto are determined that a street w.LLL have to be built according to specifications of the engineer. This will ;sot raise the grade. • • • (April A', SW F conuuavo, 4-17 • • City Engineers Yes, sir Mr.Thoreen: How much? City Engineer: I do not know. sir. I doss't recall what the frontage on those lots are off hand; it would be approximately 400 feet. Mr. Thoreen: I think the Planning Commission had this in mind when they recom- mended a twenty foot height for any structure that might appear there. It's true that a variance to seventeen foot was granted to Mr. Kalinoff and I am sure that was granted because that was the necessary distance in conformity to that bank; but in view of the fact that North Broadway was not vacated, this willproject his home a great deal farther east. I would like to submit a drawing as to the way it would generally appear. Mr. /odds we have not had an opportunity to see this latest proposal. Nothing has more clearly illustrated our problem and the problem you have had here; we have no idea of what this is. If you watt a privilege you shouldn't get it for nothing - if they want it they should show cause. There has not been one justi- fication - not one single thing to go on,,,that it fits the contour. Mr.Thoreens Look at the map, Mr.. Mod; iit's very clear. Mr.Todd; I have been up to look at the ;property innumerable times - I would like to see the grade. Mayor Powell: I have a q uestion for Mr —Thompson. Have we ever allowed a vari- ance permit to go before the Planning Commission without approval of the adjoin- ing property owners? Building Inspector: Yes. Manor Powell: In most cases, though, we do? Building Inspector: Yes. MayorPowell: Does anyone else wish to blue heard at this time? If not, the hearing will be closed. It hasn't been established how many people are objecting to this. (Sixteen people rose in objection to Othe proposed variance) Mayor Powell: Bow many are property owners? (Nine hands were shown). Mr. Dielentheis: I am authorized to spe:elc for Mr. Mahood; he is opposed also. Mayor Powell: How many favor this proponsal? (Mr.Pred Kalinoff was the only one i:.a favor.) Mayor Powell: Gentlemen, you have beforre you a what are your wishes? I hope we can disppose of Councilman Peterson: Based on the testi:.mony of it appears that a goodly number of the property would move that the variance be denied. Councilman wohlero seconded the motion. (Councilman Nolde was opposed). request for a 10 foot variance: this this evening. this evening, and the fact that owners are opposed to this, L This was the day and time set for Public: Hearing on Proposed Special Use Permit under Ordinance No. 383, as follows: • -E 44 n • (April 25, 1967 - continued) • e Permit to build a garage with the primsary business being brake, wheel alignment, tune up and transmission sexrvLces, some automotive repair: all activity taking place within the coomfines of the building, located on Lots 7, 8 and 9, Block 12, Webster's, Third Addition to the City of Stillwater, as petitioned for by Gardner J. Thomas; The Clerk read the notice for hearing aloud,: the Mayor inquired if the notice for hearing was published, and the Clerk interned the Council that the notice for hearing was published in the Stillwater Evening Gazette, official news- paper of the City, on April 14, 1967. The Mayor then opened the hearing. Mr. David Hebert: I am appearing on behalf .of Gerdy Thomas. First of all, who was sent notice of this hearing? (Mr. Hebert was informed that no mailed) notices were sent) Mr. Hebert: Are there any land owners within 300 feet who are objecting to this? Mr. Bob Thompson: Where is the exact locaticom? Mayor Powell: South Fourth and Grove Streets_. Mt.Thompson: My purpose in being here is I an representing the Presbyterian Church. Will this have any interference withn the proposed site or drive-in of the Presbyterian Church? City Engineer: This will be one block North .of that. Building Inspector: The apartment complex wonul.d be in between. Mr. Hebert, This was rather thoroughly disco weed at the Planning Commission last week, but I would like to go over it a l:ittle here. There has never been any trouble in the past as to his operation: lit Ls a very clean operation. There mould be no gas or filling station type thing at all. We have a: proposed sketch of the building; it is a very nice loading building which would be of steel. It's going to be located on three laroge lots, approximately 140 x 140: there is ample space for necessary setbacks, etc., parking, driveways. Gardy said he would put in sodded boulevards and a Nonce that would block the view from street traffic and adjoining property owners. Mr. Alex Kraemer: I was here tonight on aprewious matter where several things were discussed. One was the matter of precedasnce: in this case the land that this building would be locatedon is owned by Sampson & Norgren and they have no objection. I am afraid that the Council "wonnt" make a precedent in cases where it won't cause any problem: this buildirrig would not detract from any of the buildings in the area. Ordinarily his humidness comes in in the morning: there would not be a steady stream of traffic coming through there and there wouldn't be any noise. As far as I understand, it, it's a matter of putting this type of building in a multi -dwelling areas, there should be no problem as far as this is concerned bemuse it's going toe be an attractive building -much more attractive than the apartment building go..Lng in there. I would ask that the Council give this its serious considerations, although I know the Planning Commission has voted against this. The Engineer drew a sketch of the proposed Location on the blackboard. Mr. Robert Thompson: We have no objections. Mr.Kraemer: How far from Prairie Street is thiis site? City Engineer: It would be approximately 390 fleet from the south line of Prairie to the north line of Grove. Mayor Powell: Does ayone else wish to be heardL Councilman wohlers: Mr.Simpson ok'd this when :he is in the process of build- ing these apartments? Mr. Hobert: He is not disagreeable. • • (April 25, 1967 - continued) 449 • Mr. Carlson ( Secretary, Planning Commilssion). In a Letter submitted by Gardy Thomas, it only indicated that hoer Mr. Simpson, had been informed of the proposed garage. Mayor Powell then read letter dated March 17, 1967r (several property owners in the area signed same) whiLeh said they had been informed of Mr. Thomas's intention to build a garage in this Location. After all interested parties had been gyLven an opportunity to be heard, Mayor Powell closed the hearing. Mayor Powell: We have before us a request for a permit to build a garage; the recommendation of the Planning & Zoning; Commission is to deny the request. Councilman Wohlers: Why did they deny :Lt? Mayor Powell then read minutes of Planning & Zoning Commission meeting. Th Councilman Melstrom: In view of the faint that the Planning & Zoning Commis- sion has recommended that the permit be denied, I would concur and move that the request be denied. There was no second to this motion. Councilman Melstrom: I will withdraw my/ motion. Councilman Noldes I move that the s;-<.,'ilal permit be granted subject to Mr. Gardner Thomas seeing to it that the trees, grass, fence, etc. are in and the building is made to look presentable. Councilmen Peterson seconded the motion.. Councilman Melstrom: A11 I can say is, .we do have a competent PlanningCmm- mission: if we do get something that is 'controversial I don't know why we should go against them; we are going to :Lose the confidence of the Planning Commission and also, this is a multiple •dwelling area - I don't see how we can conceivably grant this. Councilman Peterson, This property was aannexed a year ago; it came in as RA and was rezoned to RC. The vote on Councilman P;olde's motion was, as follows: Councilman Melstrom: NO Councilman Nolde: Yes Councilman Peterson: Yes Councilman Wohlers: Yes This was the day and time set for the Couoncil to vote on a Petition to Vacate a Portion of Stillwater Avenue (carried comer from April 18th meeting). In connection with this, memo received from City Engineer stated that Owens Street sewer was of sufficient size and dlspth to accommodate addition of nurs- ing home and apartment buildings. Councilman Noldes In all fairness to Mr..Chamberlain, what is the proposal for sewer and water into these new buildings?' I don't know if you have read the Charter on street vacations, but the reaswon I voted against it last week was, from Owens to Stillwater Avenue there wil_.1be no water. When the City gives up a piece of property 60 X 300 feet, I fielt that the City should request you to install a water line on Owen Street. Mayor Powell: If they bring the water lire in the way they do, when the time comas for water to be on Owens they would be long with the rest of them. Councilman Noldes That may be how you thitlnk, but I.am telling you that the County is going to come in in two years from now asking for the same thing; if we are ever going to do it, now would be the times to do it. • • 450 • (April 25, 1967 - continued) • Mr.Chamberlain: In other words you want me to put in a six inch main that entire block of Owens Street and pay £mr it? Councilman Nolde: Either that or I wouuld like to see you petition the Council to put in watermain on North Owwnn'. Mr.Chawberlain: This vacation would bee subject to paying? Councilman Nolde: Under our charter, "Legally we could derive some revenue from street vacations; we have never doles that in the past. Mr. Chamberlain: Isn't it true that thexre is a private line that goes up Owen? City Engineer: For two homes only. Mr. Chamberlain: I am trying to think oaf what distance we are tailing about her. Councilman Nolde: No one can hook onto a private line unless the property. owner who built the line approves it. Councilnan Wohlerse When this man goes out and petitions and they refuge, are you going to keep this man . from building? Building Inspector: Mr. Root of Maple Minor was informed that there was a possibility of Owen Street being rebuilt:, and at that time they would be assessed for a watermain on Owen Street;. when we put the sewer in, the people were opposed to putting in water at the same time. It wasn't that they didn't want the water but the cost was more than they could stind et' the time. They have been informed that iii a six inch main goes in on Owen they will have to pay an assessment - thee same as any body else. Councilman Molds: This is the same things we just went through on Olive Street because that was County State Aid. Nr. Root: I have something to say on thus water business - as the main stands right now, there isn't any benefit for throe people who are going to build on Carnelian. Chamberlain. If passing this resolution depends on our putting water in on that street and paying for it, I will do :it. Councilman Nolde: I would like to say thils before you commit yourself - you own 50% of the property ... City Engineer: No, sir. Councilman Nolde: i thought if you owned 50% of the property and petitioned, it would be assessed to all benefited property. Mr. Chamberlain: Would it be such that pro would pass the resolution eubject to our putting the water in? We are in a tough situation. The apartment pro- ject has passed; the nursing home has meteor in already which we paid for on Carnelian; this is an addition to the nurssLng home. Ma r Powell: We will say that we would 1..Lke to put water in on Owen sometime before the street is repaired. Say that Seb% of the property otwers, excluding you, wanted water; you could say you already have water and will. not sign the petition. Mr. Chamberlain: Could I go on record as slaying that I would not object to it? That I will sign it. Councilman Nolde: There are no problems width building the addition to the nursing home - you want the vacation of the street for the apartment buildings. Mr. Chamberlain: No, we already have lbermaLt for the apartment buildings, the street vacating has nothing at all to do wii.tlur apartment building project. • • • (April 25, 1957 - continued) :1 5 I • Mayor Powell: The council would like to have assurance from you .. Mr. chamberlains I will give you thatf assurance; I don't want to stop our project. Councilman Noldes If this is legal. wee could draw up some kind of a contract. Is this something that can't wait until{ Thursday night? I would like to have the attorney draw up some kind of contiract. Mn. Chamberlain: We have an appointment tomorrow with the Health Department. I have no objection to signing an agreement that we would put the water in the street. Councilman Nolde: If it's in the minutes it would be as good as a signed statement by anyone. Engineers It would suffice; also, remember that the Council has the power to put it in regardless. Councilman Nolde: I think the Council! should take action tonight then to order a wateraain installed in Owen Street. Mayor Powell: Would we have to proceeuS this far in advance of the proposed work? (rebuilding of Owen Street). City Engineer: That will not take plaose until 1970 or 1971. We could put a watermain up North Owen Street and dialects the portion on St. Croix Avenuethat was petitioned for (by Howard Hagen axed Sheldon Smith); it would not beneces- sary to put that section in on St. Crorix Avenue if it would hold up construction or bids on the project in St. Croix Aveenue.. Councilman Peterson: As I understand fdt, the petition, aside from the vacation, is petition to run water on St. Croix ?Menus from Carnelian to North Owens Street. Mayor Powell: It would be more advantaegeous to run it out Owen Street at this time? City Engineer: I would say it is more advantageous at any time; there is really not that much property to be benefited at this time on St. Croix Avenue. Councilman Nelda: How long would we destay the water problem on Owen Street if we were to change it? City Engineers We could have estimatedt cost by the May meeting. Undoubtedly it would be the June meeting before youo could hold the hearing. Councilman Noldes How many feet do youa have on St. Croix Avenue? Mr.. Chamberlains 30y feet Councilman Molds: Sow many on Owen Stmeet2 Mr. Chamberlain: About 560. City Engineers I would say there is no. necessity for running water down St. Croix Avenue at this time. Building Inspector: Then Mr. Chanberla:dn could make use of this waterline on Owens Street and forget about St. Croi-r Avenue. Mn. Chamberlains Without this waterlines, does it affect the apartment build- ing project? My understanding was that this was already passed. Wasn't the permit based on the apartments? Building Inspectors Yes, on February 2EIst. Councilman Noldes We are vacating a street; the city should derive a little something out of it - even if it's a litttle piece of paper saying you will go along with the waterline on Owen Street.. • • (April 25, 1967 - continued) i e • • Mr.Chamberlain: I will be very happy to do that. The vote on the resolution to Vacate am Part of Stillwater Avenue was as follows: Councilman Melstrom: Yes Councilman Molder Yes Councilman Peter eemn: Yes Councilman wohleres: Yes President Powell: Yes Request from Midland Cooperatives, Inc., 501 North Main Street, for a permit to build a 24 foot x 40 foot all steeil utility building. (This item was acted on by the Planning Commission on November 9, 1966; however, the item did not came before the Council at the: time due to an oversight). The Planning Commission recommended the permit be granted with the following provisions: 1. Building to be of steel construction in place of wood. 2. Any present or future use of `building would not be for storage of petroleums, oils or lubriseants. Councilman Melstrom: I move we accept: the recommendation of the Planning a Zoning Commission. Councilman Peterson seconded the motion. (all in favor). Mr.Duane Elliott of Banister Engineering Company appeared before the Council at this time in regard to concrete on .Meat Myrtle Street near and at South Sixth Street. (concrete in this area: is scaling). Mr. Elliott: I am here to review briefly with the Council results of an in- spection by our office of work on Myrttte Street. What I wanted to review.. with you was the scaling occurring on: iiyrtle Street: the reason for it .is not known and we would like authorization: from the Council to contact Twin City Testing Laboratory to take three corns in this area. They would be 3" in dia- meter and would be filled again with •eoncrete. One would be broken for compressive strength to see if it's beyond a surface condition; the second test would be tce run an air content on it and the third would be taken only for the purpose osf reserving it in the event the concrete fails at a low strength. These threes teats would place us in a better position to sit down with the contractor. We ,ere supposed to have Sleeting on May: 3rd with the contractor, the engineer, env interested councilman, the subcontractor and possibly a representative of Port:Land Cement. The cost of the tests would be approximately $150.00 to $200.00. Councibman Nolde: Do you think befor:a we spend thin money we should have the meeting with the contractors, or are they going to be so tough that we have to prove to them that this is what happened? Mr. Elliott: This is my first experiience with scaling on concrete; it is a difficult area to enter into with thee contractor - they are looking at it as a rather substantial piece of money. Councilman Nolde: I move we expend upp to $200.00 for testing concrete on Myrtle Street so we can have some bas•Ls to sit down with the contractor and the people who supplied the product to bumLld the street. Councilman Peterson seconded the moti..on. (all in favor). • • (April 25, 1967 - continued) 45:3 • • The City Engineer submitted his report on em:timated cost for the proposto No ed watermain treet Owens Street nand uoniAvenue Exton North Owens Streetfrom:St. CroixCAvenue atoSthe vicinityth of West Sycamore Street. Mayor Powell: Do you wish to chew this and run it down Owen? Couldn't we postpone this and take them both together? City Engineer: I have no objection, Mr. Mrmper, but I would suggest that the Council make a motion. Councilman Nolde:,I move we instruct the ciity engineer to prepare a feasibility report for instotalling a Croix Avenue. in OW.vn Street from the intersection of report and ins Councilman Peterson seconded the motion. call in favor). Councilman Aeirtrom: Ie it necessary at this time to spend the city's money to go up Owen Street on this? Mayor Powell: It will be assessed against the benefited property owners. MISCELIANSOOS Mr. Richard S. Johnson 806. North Fourth Street I would like to raise a question; there Nave been rumors that the dances at the Armory would be discontinued due o the in recentsctrouble we youth).had ther partner ere last Friday refire. Officer Conley was le wit and I are responsible for most of the danmcas that have taken place. Councibman Molds: What seems to be the :mein problem there? Mr. Johnson: --It's a problem of three to five trouble makers there every night who are, to a ight, the ficer dly the buy to leavegreat heecameibeck id fighting.. iDuento the factfthat then officered was injured me wouldto bedieunsif ifdthe dancees would be continued. We had heard r Mayor Powell: There was nothing on the :agenda about it, but as long as it was brought to our attention, maybe t}1e Chie:tf can give us his recommendation. Chief Roepkes We are 100% in favor of these dances and want to see them con- tinued. is eting that you 00 Powell: kids for the actionssd prior to of four a five trroublemakers. I amcan't of thesamepenalize 300 good lice department and generally they handle the situation opinion: we have a good police pretty .wall. Councilman Melstroms I think you kids Shave a responsibility up there; the kids should police it, also. irect one of thenkids;twetare constantlyronat:he=dance floor lookingengaged for sources back his incident Fidy', wasof friction. We agree 100%. Councilman Meistros I think your helps is going to do more good than the police officers up there. Chief Roepkes The armory insists on fooar vnifered officers at every dance before they will even open the doors. • • 454 • (April 25, 1967 - continued) • • Mt. George Kutz: I have been very consp.Lcuous in my absence (from Council meetings) lately, but I found out I was 'watching the wrong rat hole; The City only takes about 9% of my tax dollaar. Last summer I brought up the question of opening Hazel Street so it c.:•uld be used for landing boats. The story was all over that as long as that .Council was in office I could scream to high heaven and nothing would happen, because they were bought and sold out. The people would like to see it opened up; it wouldn't cost very much, thatk sure. Mayor Powell: If this were done we wouL_d have to have financing available. Mr. Kutz: The Engineer explained that the City would have the equipment to do it; it was a question of having manpower. It's practically to the paint where you wouldn't have to o.k. any monew; you could just come in on Lake St. Mayor Powell•g But we are talking about .a culvert. Even though the Council was in favorlit, we still are going to halve to have funds available. I can understand your concern, but we have streets that we are trying to get in shape that the whole City is trying to umse; we have to take first things first. Mr. Kutz: I am going to see this thing; through; have you made a cost esti- mate of this? City Engineer: I don't remember.. Mayor Powell: It was our intention to deb this and still is; it would appear to me that if this street were opened it: would benefit the new marina that is dorm there; if we have agreed to open it we will open it, but we have very important uses for our money that axre of greater value to more people. This will still be done; I am sure you till not lose your case; we will just ask for an extension of time. Mt. Alan Peterson: I am a member, or was: a member, of the Planning & Zoning Commission. In view of the two decision;o rase by you gentlemen this evening, I feel that I can no longer serve on the Commission. We spend many hours -ion these things and I really don't think you give us the proper consideration. I don't think my advice, or the advice otf the other eight members,was taken into consideration. You will have my i3eeignation in the morning. Mayor Powell: I am sorry to hear that. Mt. Peterson: On the Lupient petition, int original;7 came in as a zero set- back; because Mr. Kalinoff had a 17 foot setback they considered that a pre- cadent; we advised that he ask for a seventeen foot setback. In Januarybe came in with the idea cf asking for a sttreet vacation - he had an area map. At this point he could build back closer to the zero situation on the 10' setback. With restrictions, we felt it was good planning and good use made of this land; also that all interests of the property owners were taken care of with the exception of their view. Everyone of us walked up and down this grade; there were eight people at the meeting and it was our unanimous de- cision. Councilman Peterson: Did you take into aensideration the precedence that would be set? Did you walk down St.Croirs Avenue and look north? Did you take into consideration the three lots tothe south of Kalinoff's property? Did you take into consideration the house that sits below? There are at least four property owners there that are not within the 300 feet but are definitely affected by this. If you had walked down St.Croix Avenue you would have seen what would happen if a la foot variance was granted. Mr. Peterson: Kalinoff's house still wouuld have been the controlling factor for anything to the south. • • (April 25, 1967 - continued) 455 • and not onnthetcther one?w These are thne things could u hews granted I personally took variancehouses into considera- tion. Those were my reasons and you feelt you had yours. Mr. Peterson: That's right and that's why you will have my resignation in the morning. Mr. William Hawkinson (Planning Comm:ism:ion) I don't like to put you on the spot; some time ago I got the impression thetawe were all going to be working together; so far we haven't. Tonight sort of jeaLed it. You have your opinion we have our opinion. You are on the Council bwecause you want to do something for your City: I am on the Planning Commission '-because I want to do something for my City - why in the hell don't we work together* If we are sitting down, talking together, we could arrive at an overall plan for: our town. I don't care what our politics are. We want to do as much as we can,. but we can't do it unless we work to- gether. I am going to beg one more tine - or two more times or three more times, thetas sit down and talk about our tonin and the plan we want. I don't want to jump ship right now; can't we talk about it? Councilman Molds: I would like to aslok you - when you have your meetings, you meet with the Building Inspector, is tibia right? Before the meeting is over, does he agree with what you fellows vote on? I would like to know his reaction _. when he is meeting with you gentlemen.. what his recommendations were on both issues tonight. Mr. Hawkinson: The Building Inspectoa and the Engines - they are resource peoble; when problems come up that we don't know about we ask them. They take part in the discussions a great deal; I don't know what the Building Inspector feels or *fiat the Engineer feels; they/ give their opinion and tell us what we want to know. Councilman Molde: I am just wondering if we are getting the same ... Mayor Powell: This occurred to me tonight as the discussion was going on -having a feeling that we should work together. have McNeil from the Chamber was here; it was his recommendation to me that ,we favor the permit for Mr.Thomas - it's my feeling that maybe Mr. McNeil should :be on. the Planning Commission - it would tie in their feelings with our feelings. They have had plans foIIB renovating on those the downtown area; our Planning Commissiooa has more eho Chambeor less r the ssedniontho- plans; if we could have one or two members Planning perhaps ng can Com- mission it might help. If you would reconsider,r of. Pteterson, cil rhapsd be on revamp our Planning Commission and maybe the Commission. If you could invite the Council to tithe next regular Planning Commission meeting, they would be glad to come. Mr. Peterson: I think it would be a good idea to have a member of the Council at every Planning Commission meeting.'. Mr. Hawkinson: In one Planning Comn:dssion meeting. Mr.Chamberlain made the statement, and I am not quoting him *verbatim - that if they thif would would gone uld have known with what the plans for downtown were arc::bitecturally'but he had no them - they would have been willing to conform to what was planned, way of knowing. I would also hope that you consider getting some park member involved in the Planning Commission; we have had a Lot of anxiety about the ravines in town - people want them turned into parks and are willing to help. If we all work to- gether we can make this a beautiful town. Mr. Peterson: My resignation will sstill hold; it will give you a chance to put Mr. McNeil in; it was kind of a minor protest as I will probably be leaving Stillwater between 90 and 120 days *flyway. • 456 (April 25, 1967 - continued) • e Mr.Don Martin: Last time I was down here I voted on a street which cost me $800.001 I commend you tonight on the section you have taken on vacating the street, and I can't see any ten foot wetbacks anywhere in this town. Tonight you said there has to be a 30 £oott setback according to the ordi- nance; then why do those new houses on Oliive Street have a fifteen foot set- back? Councilman Nolde: Those lots were platted prior to any new zoning laws. The ordinance says that you don't have to have a special permit for any property that was plotted prior to the ordinance. Mayor Powell, Councilman Peterson, Counci..Lnan WoHers and myself went out to look at the street lights that were petitioned for by people in the Pair - meadows area; we recommend that two street. Lights be installed instead of three. One at Dundee Place and Pairmeadown Road and one at Pairmeadows Road and C.S.A.H. No. 5. Councilman Nolde: I move we notify NSP to install these lights. Councilman Peterson seconded the motion. dell in favor). Mayor Powell: Also tonight, I think we shona.Ld select an architect for our proposed low rent housing project. Councilman Nolde: It's not a responsibility( of the Council; he should be selected by the Housing Authority. There lie no point in shoving an archi-tect down their throats that they don't wantR. Mayor Powell: The only reason I suggested doing it this way is, if we have a guide we may save ourselves some problems.. Councilman Peterson: Our first step is to aappoint an Authority; the first step needs no direction. Councilman Nolde: If you want to hire an architect, go ahead. Councilman Wohlers: There is no rush. Mayor Powell: we should plan on a meeting aeon to appoint the Housing Author- ity. Mr. Raymie Johnson, Mayor, Oak Park Heights; I want to present the City Engineer with a preliminary report for sewer in Oak Park Heights and would like an answer from the City Council by the Seth of May. That is when we are going ahead with our own sewer plant. RESOLUTIONS The following resolutions were,on roll call, unanimously adopted: 1. Vacating a Part of Stillwater Avenue 2. Ordering Preparation of Feasibility Report; (Owen Street watermain) • (April 25, 1967 - continued) 457 • ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Nolde, the meeting adjourned at 10145 P.M. Mayor Attest: • 45S e • 0 COUNCIL CHAMBER Stillwater, Minnesota May 8, 196:1 4:30 P. M. Special Meeting The meeting was called to order by Presidenft Powell. Present: Councilman Melstrom, Nolde, Peterson, Wohlers, President Powell, City Administrator Brower This meeting was called for the purpose of eiiscussing sewage treatment facilities for Oak Park Heights. (Requeste.!t by the Village Council of Oak Park Heights). Also present Mr. Archie Cloud and Roger Sho_.rt of Banister Engineering Co.; Mr. Lyle Eckberg, attorney for Oak Park Heights: Councilman Draxton, Oak Park Heights; Mr. Ron Ehlinger, City Engine.,rr; Mr. Phil Eastwood, City Attorney. After considerable discussion in regard to 'various reports relating to the proposed sewer facilities for Oak Park IlEeights, Mr. Eckberg stated that Oak Park Heights is determined to construct sewers in the Village regardless of the City of Stillwater offici:a.L's attitude. Mr. Eckberg stated that Oak Park Heights' officials werre only interested in the question, "Does the Sewage Treatment Plant Ihave capacity to treat sewage from their area?" Mayor Powell informed Mr. Eckberg that the oCity does not have the necessary information to make a determinatison at this time as to whether or not the Stillwater plant has sufficient .capacity to accommodate Oak Park Heights present and future requirement:.:. Councilman Peterson stated that he would be. in favor of granting Oak Park Heights permission to connect their trunk ten the Stillwater Sewage Treatment Plant providing that the Oak Park Heights o=h£icials through the engineer furnish the City with the proposed intercep+her pipe sizes. At this point Mr. Eckberg seemed to become iprovoked with the discussion thus far and stated, "Let's all smoke the pence pipe and proceed again in regard to this matter." Mayor Powell then suggested that Oak Park Weights through their engineer furnish information requested by the City ooE Stillwater such as pipe sizes and area to be served and the Council wouldH then be in a position to inform the Oak Park Heights officials as to the coast to use the Stillwater Sewage Treatment Facilities. On motion of Councilman Peterson, seconded by Councilman Wohlers the meeting adjourned at 5:35 P. M. Attest: (/ C/ a ` e \ City Clerk Mayor pada • • • 459 • • delam COUNCIL CHAMBER Stillwater, Minnesota Regular Meeting The meeting was called to order by Presiident Powell. Opening Prayer by the City Administrator. May 09, 1967 7:30 P. M. Present: Councilmen Melstrom, Nolde, Petttexson, Wohlers, and President Powell, City Administrator and City Attorney Also Present: City Engineer, Chief of Police, Fire Chief, Building Inspector On motion made by Councilman Nolde, seconded by Councilman Peterson the following minutes were approved: April 11, 1967 April 18, 1967 April 25, 1967 APPLICATIONS: Regular Meeting Regular Meeting Regular Adjourned fleeting 4:30 P. M. 7:30 P. M. 7:30 P. M. On motion by Councilman Nolde, seconded Eby Councilman Melstrom the following licenses were granted to Ed & themes Schue, 808 North Fourth Street (Country Boy Superette). (1) Cigarette license (8 months)O (2) Soft drink license for year 1967 On account of being residental district the application fora. the off Sale 3.2 beer license to Ed and Thomas Schue, 808 North Fourth Street (Country Boy Superette) it is automatically carries3 over to the next regular meeting of the Council in June. From John Hooley doing business as Hooleyes Super Market for Off Sale 3.2 beer license at 902 South Fourth Street was presented but on account of being in the residental district was aeutomatically carried to the next regular meeting of the Council in Junne. Request from Paul Liberty to stage boxing) exhibitions of amateur fighters (ordinance #405 sets license fee at $10.O10 for exhibition where admission is charged). Mr. Liberty did not appear to inf,:orm the Council members of the details in connection with this request, ,consequently no action taken. On motion by Councilman Nolde, seconded b:y Councilman Melstrom a soft drink license was granted to Richard J. Muller oof Muller Boat Works, Inc. for the year 1967. The following applications for 3.2 beer 1:icenses were presented but on account of being in the residental distrioct were automatically carried over to the next regular meeting of the Council! in June; 1. Arnold Deno, 215 N. William Sttreet. (Off Sale) 2. Dennis Johnson, 1101 N. Owens Street (Off Sale) 3. Dennis Johnson, 1101 N. owen EStreet (On Sale) 1 • 60 (May 9. 1967 - continued) e On motion by Councilman Peterson, seoconded by Councilman Wohlers three (3) amusement machine licenses were ogranted to James E. Menard located at the Family Recreation on South Malin Street. COMMUNICATIONS From Layton Landstrom of Lystads, Inoc. informing city officials of the areas baited and inspected in connectnion with rat control. From William M. Miller of Miller-whittehead & Dinwiddie architects informing the Council that they have extensive professional background in the design of low -rent housing. On motion by Councilman Nolde:, seconded by Councilman Melstrom this letter was ordered filed for futture reference. From Winslow R. Chamberlain expressinng his appreciation in the manner in which the Council handled his problem. From State Representative Howard Albertson regarding the bill in connection with the St. Croix Scenic vtaterway Bill (H-752, 5-362) pending in the U. S. Senate. Also Sta.ate bill for an act in connection with gross earnings taxes on utility ocompanies. From Stillwater Township Clerk, Geralddine C. Riedesel regarding fire protection. On motion by Councilman Nolde,., seconded by Councilman Wohlers the fire chief was instructed to inform the township officials of the assessed valuation taken from the Cournty Auditors records. From the Fire Chief and family--letterx acknowledging appreciation of sympathy upon the dedh of the Fire Chiief's father. From Miller-Melby & Roberts architectsa a letter of thanks for allowing them to make their presentation and resferred the Council to Allan Anderson, director of Housing. From Allan R. Peterson, a letter of ressignation from the Stillwater Planning Commission. On motion by Councilman Petersaon and seconded by Councilman Wohlers his resignation was accepted. From Richard W. Leonard, Acting District Engineering Dept. of the Army Corp regarding flood protection fo'or the City of Stillwater. From T. H. Mork complaining about the ocondition of property known as 517 West Moore Street. From the Northern states Power Co. inviiiting the Mayor to a meeting at the White Pine Inn regarding the mattter of proposed small boat docks, parks and camping areas and information circulars regarding the St. Croix River Waterways. • • e (May 9, 1967 - continued) From Mrs. A. E. Ranum requesting a. reduction in sewer rental fee. On motion by Councilman Nolde, second.led by Councilman Wohlers the request was granted. From the Department of Housing and .Urban Development in regard to organization and establishment of 'housing ,,uthorities in Minnesota. Requested it be filed for future reeference. CITY ADMINISTRATORS REPORT A memo from the City Engineer's office with reference to cost of purchasing bituminous material or mixing same with city equipment. A memo from the City Engineer's offfice regarding feasibility report on two water projects -- St. Croix Avenue - Carnelian', to Owen On North Owen from West Wilk:in to West Sycamore On motion by Councilman Nolde, seconded by Councilman Peterson it was decided to bpen bids on this water amain construction on June 6, 1967 at 4:30 P. M. and also to have a puffilic hearing on this project on June 6, 1967 at 7:30 P. M. Memo from Fire Chief recommending thte appointment of John C. Clarey, 1120 North First Street and Michael J. Hamep, 222 West Cherry Street, to the volunteer fire department. On motion by Councilman Noldee, seconded by Councilman Melstrom the recommendations of the fire chief weere accepted and these men were officially appointed. The Administrator suggested that thee Council authorize the Mayor and the Administrator to attend an institute: to be held at the Pick-Nicollet Hotel, Minneapolis on June 1-2, 1967 on Labenr Negotiations and Public Employment. On Motion by Councilman Melstr.ron, seconded by Councilman Peterson the request was granted. A note from Borge & Elaine Thomsen was read in regard to the prompt and efficient manner in which the Fire Deepartment responded to their call. Memo from the Fire Chief requesting ppermission to attend a meeting in regard to alerting system for tornado and severe weather warnings on the llth of May. On Motion of Councilman Nolde,. seconded by Councilman Melstrom the Chief was authorized to attend the meeeting at Edina and all legal expenses to be paid by the city. The City Administrator reported that the general fund budget was overdrawn about $24,000 as of April 30, 1967 amyl that most of this deficit was due to snow removal during the past four :months. DELEGATIONS AND INDIVIDUALS Mr. Osman Springsted appeared before -the Council by invitation in regard to a proposed bond issue the proceeds of this issue to be used for the purpose of street construction about z$200,000, Storm sewer construction ir. Oak Park Heights $25,500, Street Gaarage $60,000, Roar' Grader $20,000, 4fi1 • • 4 • Street Sweeper $13,000, A Loader $27,00OG, Equipment Repair $1,000 for a total of $346,500. Mr. Springsted stated that he hand consulted with Mr. Spencer of the Dorsey firm, the city's bond couonsel and Mr. Spencer stated that the city could bond for these projects upon the adoption of an ordinance by a 4/5 majority of the Council and that no election is necessary to bond the city for these purposes. Mr. Springsted also stated that the Council could have a first reading of an ordinance by title this evening (See Ordinances). Mr. Victor Prescott appeared before the Council and requested two additional taxi -cab licenses. The Council members. informed him that all licenses allowable in the City ofSttillwater have been issued and that there are no additional licenses available at this time. Mr. George Butz appeared before the CotonciL and informed the Council that the School District 834 had hired a full time Recreational Director at a salary of $10,500 per year. Dave McNeil appeared before the Counciil and informed the members that he and Lyle Eckberg had appeared at a Ssenate hearing on the gross earnings tax bill which could affect tlhe tax structure in Washington County because the new Northern States Power plant would be included in this bill and that the next hearing of this bill was scheduled for May 11, 1967 at 3:00 P. M., Room 28. Mr. & Mrs. Harold Pauley appeared before the Council and complained about children estimated ages of 11 to 15 were roaming the streets after ten o'clock at night. There was considerable discussion about enforcing the curfew ordinance and also° discussion of changing the curfew hour from 9 to 10 o'clock. Mayor Powell stated that arrangeements could probably be made to use the Maple Island whistle for currfew purposes. Bob Junkerappeared before the council and suggested that the Council. make arrangements with Mr. Leighton CharLsen to keep the dump open during evening hours a couple of night:.e each week. Mayor Powell informed him that :a committee was working on the dump problem and he would call it to the committee's attention. Mr. Charles Swenson appeared before then Council and presented and read a proposed contract and considerable disccussion was had in regard to this matter. (Mr —Swenson is business agent for Local *49). PETITIONS A petition with four signatures requesting surfacing and gutters on West Ramsey Street between South Sherbourne & South Grove Streets was presented and on motion by Councilman Bolds, seconded by Councilman Wohlers the petition was accepted and ordered filed to be again on the agenda and to be included in the 1968 street program. (The Administrator was directed to notify the signers of this petition on the action taken by the Council). ti- • • • • (May 9, 1967 - continued) 468 • • A petition signed by Herbert D. Balfannz requesting grading and surfacing of Poplar Street between Broadway and First Street. On motion of Councilman Nolde, seconded by Councilman Wohlers the petition was accepted, ordered filled and to again be placed on the agenda for the 1968 season. (Administ=rator would notify Mr. Balfanz of the Council's action). UNFINISHED BUSINESS On motion by Councilman Nolde, secondeed by Councilman Melstrom Insurance Policy #9245648 covering Stillwater Tasci Co. was approved and ordered filed. Report from the City Engineer in regard to damages sustained by Mr. Julius Thompson for replacing of water servicx into property of Mabel Thompson. Amount of damage as reported by Mr. Thsompson $65.00. On motion by Councilman Nolde. seconded by Councilman Wohlers it was decided that the City should pay Mir. Thompson for these damages. (The City Administrator was directed to prepare an Account Form and present to the Council for payment). Councilman .Peterson opposed. Second request from Miss McGee in regard to a shelter for the old Schulenberg pump was presented. Councilman Peterson stated thh: tthe Jaycees will take on this project and will build a concrete encloosure around this pump. (City Administrator to inform Miss McGee thatt this work will be done). Councilman Nolde presented plans for a new steel building for use at the Legion Beach. This building would be weed for the purpose of shower rooms and a concession room and general purpooees. On motion by Councilman Petersorm, seconded by Councilman Wohlers the City Administrator was directed to advertise for bids returnable on June 6, 1967 at 4:30 P. M. (Councilman Nolde to furnish specifications). NEW BUSINESS City Administrator informed the Council members that he had received a request from Mr. Dean Charlsen who had called in behalf of the Stillwater Development Corporation as to whether or not the City would be interested in disposing of the old dump grounds fcxr commercial purposes. On motion by Councilman Nolde, seconded by Councilman Melstrom the City Administrator was directed to contltact Mr. Charlsen and get more details on this request. Minutes of the Planning Advisory Commiseioa held on Tuesday, April 25, 1967 were prrsei. ted. (These minutes were received by each member of the Council in the sail). On Motion by Councilman Nolde, secondedi by Councilman Wohlers the City Administrator was direct to sign and reeturn Certificate of Approval of Special Law 1967 Chapter 267 which provides for an additional On -Sale liquor license for the Lowell Inn. The City Engineer reported that he did not receive plans or reports from the Northern States Power Co. in regard£ to Land Exchange near the City's Sewage Disposal Plant. Fire Chief Cormier suggested that the COeuncil consider the installation of a water pipe and hydrant on Myrtle Streuet near the city dump so that there would be an ample supply of water in then event fires would get out of control because of dump burning. • • 464 (May 9, 1967 - continued) NOTICE OF BOND SALE 9350,000 STREET CONSTRUCTION AND EQUIPMENT BONDS OF 1967 CITY OF STILLWATER (WASHINGTON COUN'I7V), MINNESOTA THESE DONOS WILL BE OFFERED ON WEDNESDAY. JUNE 28.. 1947, AT 5100 P.M., CDST, AT THE COUNCIL CHAMBERS, CITY HALL. STILLWATER. M.IINNESOTA, ACCORDING TO THE FOLLOWING TERMSI DATE AND INTEREST THE BONDS WILL. BE DATED JULY 1, 1967. INTEREST WILL BE PAYABLE JULY 1, 1968, AND JANUARY 1 AND JULY 1. THEREAFTER. TYPE AND PURPOSE NEGOTIABLE COUPON, GENERAL OBLIGATION, FOR WHICH THE UNLIMITED TAXING POWERS OF THE IS- SUER WILL BE PLEDGED IN ADDITION TO THE ASSESS- MENT OF BENEFITED PROPERTY 1N THE AMOUNT OF . $100,000, $1,000 EACH. UNLESS LARGER DENOMINA- TIONS ARE REQUESTED BY THE PURCHASER WITHIN 46 HOURS AFTER THE AWARD. THE PROCEEDS WILL BE USED FOR THE CONSTRUCTION OF STREET IM- PROVEMENTS. PURCHASE or STREET EQUIPMENT AND CONSTRUCTION OF A STREET GARAGE. MATURITIES AND REDEMPTION JANUARY I. IN THE YEARS AND AMOUNTS AS FOLLOWSI 930,000 1970-72 935,000 1973-"3 $15,000 1980 ALL DATES ARE INCLUSIVE. Au. BONDS WILL BE WITHOUT nIGIT OF PRIOR REDEMPTION. PAYTh. AGENT MAY BE NAMED BY BIDDER SUBJECT TO ISSUERS ACCEPTANCE. WHICH MAY BE ASSUMED UNLESS THE PURCHASER IS OTHERWISE NOTIFIED WITHIN 24 HOURS AFTER THE ISSUER HAS BEEN ADVISED OF THE PROPOSED AGENT. ISSUER WILL PAY CUSTOMARY CHARGES. DELIVERY 40 DAYS AFTER AWARD SUBJECT TO APPROVING LEGAL OPINION OF MESSRS. DORSEY. OWEN, MARQUART, WINDHORST & WEST OF MINNEAPOLIS, MINNESOTA. BONG PRINTING AND LEGAL OPINION WILL BE PAID FOR BY THE ISSUER AND DELIVERY WILL BE ANYWHERE WITHOUT COST TO THE PUR. CHASER. PAYMENT MUST BE MADE IN FEDERAL FUNDS ON DAY OF DELIVERY. LEGAL OPINION WILL BE PRINTED ON THE BONDS. TYPE OF BID SEAALED BIOS FOR NOT LESS THAN PAR AND ACCRRUED INTEREST FROM THE DATE OF THE DOMES TO GATE OF DELIVERY MUST BE FILED WITH THE UNDERSIGNED PRIOR TO TIME OF SALLE. TOGETHER WITH A CERTIFIED OR CASHIER'S CHEfCN IN THE AMOUNT OF 97.000. PAYABLE TO THE ORDER OF THE TREASURER OF THE ISSUER, TO BE FORFEITED AS LIQUIDATED CARMAOES IF BIDDER FAILS TO COMPLY WITH THEE ACCEPTED BID. RATES ALI.L RATES AND COMBINATION OF RATES MIDST BE IN INTEGRAL MULTIPLES OF 1/4 OR 1/10 OF 1% MD MAY NOT EXCEED 6% PER ANMUM. ALL BON'OS OF THE SAME MATURITY MUST BEAR A SIN.IFLI BASIC RATE FROM DATE OF ISSUE TO MATURITY. No BASIC RATE OF ANY MATURITY MAVY BE MORE THAN 20/100 OF I% LOWER THAN THE HIGHEST BASIC RATE CARRIED BY ANY OF THE PRECEDING MATURITIES. ADDITIONAL INTEEEEST REPRESENTED BY ADDITIONAL COUPONS NOTE EXCEEDING $4,200 IN AMOUNT. MAY BE SPECIFIED FOR ALL OR PART OF THE BONDS AND FOITR.ALL OR ANY PART OF THEIR TERM. No LIMNITATION IS PLACED UPON THE NUMBER OF RATIES WHICH MAY BE SPECIFIED. AWARD AWw.ARD WILL BE MADE ON THE BASIS OF LOWEST DOL-LAR INTEREST COST: DETERMINED BY DEDGIICTIOA OF ANY PREMIUM FROM TIE TOTAL INTTEREST ON ALL BOLAS FROM THEIR DATE TO THEMA STATED MATURITY. THE NET EFFECTIVE AVElRAGE RATE OF THE ISSUE MAY NOT EXCEED 6% .PER ANNUM. THE ISSUER RESERVES THE RIGRIT TO REJECT ANY AND ALL SIDS. TO WAIVE INFTORMALITIES AND TO ADJOURN THE SALE. DAT.TED MAY 9 . 1967. BY•ORDER OF THE CITY COUNCIL /S/• LESTEa R. BROWER CITY ADMINISTRATOR his office and to attach a copy thereof to tl.he minutes of this meeting. Councilman Melstrom then introduced Ordinance No. 413, entitled "Ordinance Providing for Issuance and Public Sale of $3!;5O,000 Street Construction and Equipment Bonds of 1967". Councilman wohler:.s. seconded the motion and the ordinance was thereupon given its first read ling. It was agreed that the second reading and vote passage of the ordinance should be scheduled for the regular meeting to be held on June 13, 1967. YON • • 64 (May 9, 1967 - continued) • • A request signed by David Colombo of the fire department snd Ronald Johnson of the Police Department and Mr... John Rheinberger, attorney, requesting that the State Labor Conciliastor take jurisdiction Ln the matter of salary increases for both depasrtments. On motion of Councilman Peterson, secondded by Councilman Wohlers the Building Inspectors report covering actmwities during the month of April 1967 was approved and ordered filed. On motion of Councilman Nolde, seconded by Councilman Wohlers Renewal Certificate continuing Bond #400AK2603 covering Leo A. Richert for excavating in city streets and alleys. On motion by Councilman Nolde, seconded by Councilman Wohlers Insurance Policy #6848085 covering fratm pravilion in Lowell Park was approved and ordered filed. On motion by Councilman Nolde, seconded by Councilman Peterson Insurance Policy #N22-6119-85 covering the 1953 Reso Civil Defense Truck was approved and filed. On motion by Councilman Peterson, secondled by Councilman Melstrom Insurance Policy #BF409-16-06 Money & Seaeurities Broad Form was approved and ordered filed. On motion by Councilman Nolde, seconded Ibis Councilman Peterson assessments against the following described projects:were cancelled and the administrator was directed to forward a notice of canceslLation to the County Auditor and County Treasurer. Lot 8, Block 18 Lot 8, Block 18 Lot 3, Block 30 Lot 4, Block 30 Lot 6, Block 30 The City Administrator presented a transcript for the organization and establishment of Housing Authority in Miiinesota On motion of Councilman Wohlers, seconded by Councilman Melstrom the City Administrator was directed to adverttise for bids for sale of oId Civil Defense vehicle a 1950 Chevrolet Station Wagon, same can be seen at the rear of the Fire Station. (Tthts matter was requested by Dean Charleen, Director of Civil DefenseI)• On motion by Councilman Nolde, seconded lihy Councilman Wohlers that Renewal Certificate covering Bond #400AD88544 principal Peter J. Miller in the amount of $5,000 for the purpose col excavating in city street and alleys was approved and ordered fileod. ORDINANCES The City Clerk presented to the Council :a proposed form of notice of sale for $350,000 Street Construction & Equipment Bonds of 1967 to be issued to construct street and storm sewer improvements and a street garage, and to purchase street equipment. The form of notice was considered and approved by the Council, and the Clerk was directeed to file a copy of the notice in his office and to attach a copy thereof tho the minutes of this meeting. Councilman Melstrom then introduced Ordinance No. 413, entitled "Ordinance Providin5 for Issuance and Public Sale oif $150,000 Street Construction and Equipment Bonds of 1967". Councilman Wo}tlers seconded the motion and the ordinance was thereupon given its first meading. It was agreed that the second reading and vote passage of the orrdinance should be scheduled for the regular meeting to be held on June 12J, 1967. • • • ORDINANCES (continued) (May 9, 1967 - continued) • 4(H5 A On motion of Councilman Melstrom, seconded by Councilman Wohlers the administrator made the first reading of an Ordinance "Ordinance Providing for'Issuance and Public Sale of $350),000 Street Construction and Equipment Bonds of 1967". On motion of Councilman Peterson, seeconded by Councilman Melstrom the Administrator made the second reading of an ordinance entitled, "An Ordinance Amending An Ordinance Zon:tag Ordinance of the City of Stillwater". The ordinance was read sectiaon by section followed by roll call after each section and all menlibere of the Council voted in the affirmative. The chair then put thte question, "Shall this ordinance pass?" and on roll call the ordinance was unanimously adopted. On motion of Councilman Peterson enact seconded by Councilman Nolde an ordinance, "Regulation of Waste BD isposal Sites" was carried over to a future meeting. RESOLUTIONS: The following resolutions were read and were on roll call unanimously adopted. 1. Directing the payment of bilrs. 2. On Edward McKnight's retirement. 3. Ordering special hearing on ilimprovement and preparation of plans and specifications and directing the City Admi;-istrator to advertise for bids returnable June 6, 1967 at 4:30 P. M. (watermain) St. Croix Avenue-- Carnelian to Owen On North Owen from West Wilkiin to West Sycamore On motion of Councilman Nolde, seconded by Councilman Melstrom the meeting was adjourned at 1:10 A. M. Attest: Mayor • d GG • • Council Chamber Stillwater, Ainnesota May 16,. 19C7 7:30 P. M. Regular Meeting The meeting was called to order by Presiudent Powell. Opening Prayer by City Administrator Present: Councilmen Melstrom, Nolde, Patterson, Wohlers and President Powell, City Administrator, C my Attorney Also Present: City Engineer, Fire Chief, Police Chief. Building Inspector COMMUNICATIONS: From Alex P. Smekta, Mayor of Rochester and president of the Minnesota Mayor's Association in regard to legislaation bill authorizing councils of cities of the second, third and fourth oclass to fix their salaries. On motion of Councilman Peterson, seconded by Councilman Melstrom the letter was ordered filed. From T. H. Mork in regard to property loocated at 517 west Moore Street and on motion of Councilman Nolde, seconded by Councilman Melstrom the Building Inspector was directed to'answner Mr. Mork's Letter. From Dennis Johnson,1101 North Owens Street requesting a non -conforming permit which would allow him to develop and improve his place of business. On motion of Councilman Melstrom, seconded by Councilman Nolde this matter was referred to the Planning and Zoning Commission. From Howard R. Albertson, State Representative, informing the Council that the bill authorizing increase in tan Levy for General Fund Purposes from 45 to 60 mills has passed both housses and was transmitted to the governor for his signature. From the Northern States Power Company iin regard to Anti -Pollution Program in cities and villages within tHhe metropolitan area. From the State of Minnesota Water Polluttion Control Commission in regard to sanitary sewer service for the Village of Oak Park Heights. Copy of a letter from the City Attorney .to the Chicago, Milwaukee, St. Paul and Pacific Railroad Company informing them that their claim against the City in connection with the flood in 1965 is not an allowable item under the Emergency Act and the City is in no position to pay this expense from its General Fund. UNFINISHED BUSINESS (Out of order) After considerable discussion on motion: of Councilman Peterson, seconded by Councilman Nolde it was decided to huo•Ld a public hearing on June 13, 1967 at 7:30 P. M. on the question of whhether or not a Housing Authority should be created in the city for the pmurpose of constructing low rent housing for the elderly. Mr. Charles Swenson, Business Agent for- Local 49, appeared before the Council relative to a proposed contract: covering employees of the Street Department and Sewage Disposal Works. (May 16, 1967 - continued) 413 • 0 e The following are some of the proposals discussed at this meeting: 1. Mayor Powell felt that thee Council should try to bargain for 500 per hour less than proposed by the union for the first year of this contract. Councilman Peterson stated that because of the limited budget for 1967 so that it would not be necessary to exrpend any additional money that from and after July 1, 1967, the Street Deparrtment personnel should work an eight hour day and receive the same payy they are receiving for a 9 hour day. Mr. Swenson then stated that he wountd be willing to go along with Mr. Peterson's proposal and he would also bra willing to move the date up from July 1, 1967 to September 1, 1967. CITY ADMINISTRATORS REPORT Memo from the City Engineer informing tl:1e Administrator that Lee Elliott suffered an apparent heart attack on May 11, 1967 at 10:00 A. M. and a second memo that Mr. Elliott had died aft Lakeview Memorial Hospital at 11:35 A. M. Memo from City Engineer in regard to a :request from Mr. & Mrs. Robert Davis to grade a portion of the hill th:at is in the right-of-way of Third Avenue South to facilitate the turning oof vehicles. On motion of Council- man Wohlers, seconded by Councilman Melestrom the City. Engineer was directed to comply with the Davis Request. Memo from the Building Inspector informiing the Administrator that a dwelling at 406 South Seeley has been condemned mend if the building is not removed by the owner, the building inspector would like permission to removessame.and certify costs plus interest to the County as a special assessment. On motion of Councilman Peterson, seconded by Councilman Nolde the building inspector was authorized to proceed as outlined abcove. Memo from the Building Inspector informiimg the Administrator that a dwelling at 2071 North Third Street has been condiemned and if the building is not removed by the owner, the would like permission to remove same and certify costs plus interest to the county as a special asseessment. On motion of Councilman Nolde. seconded by Councilman Melstrom the Buil..ding Inspector was authorized to proceed as outlined above. Mimeo from the Fire Chief informing the A.jministrator that the information received at the Tornado Watch Conference! in Edina on May 10, 1967 was very helpful to the Public Safety Department. Memo from the Fire Chief requesting permission to send one man to the Minnesota State Fire Convention to be held in Aust:in, June 11--14 at an estimated cost of $76.80. On motion of Councilman Melstrona, seconded by Councilman Wohlers the Fire Chief was authorized to send one mann to the Minnesota State Fire Convention at Austin, June 11 throrgl. 14. A memo from th .ief of Police Roepke informing the Administrator that Officer Frederickson wr d like to be transferreotl from the Police Department to the Street Department. On motion of Councilmman Nolde, seconded by Councilman Peterson, it was decided to carry this matter over to the next meeting of the Council. 1 • • • • 4f18 (May 16, 1967 - continued) • DELEGATIONS OR INDIVIDUALS Robert McGarry of the McGarry Insurance Agency appeared before the Council and read a letter informing the Council members that due to good experience relative to compensation insurance, the company was able to issue a refund check to the Cityy of Stillwater in the amount of $1,633.69. PETITIONS None NEW BUSINESS Mr. Jim Lammers representing Mr. Dick Anderson appeared before the Council and stated that Mr. Anderson had purchaseed an old house, had same moved to Stillwater Township adjacent to land recently annexed to the City along County Trunk Highway 4:5(Olive Street) annd that a watermain has been extended past this property outside of the city llmmits and that Mr. Anderson has appeared before the Board of Water Commissioners and requested that a connection be made to serve his propertyv and that the Board of Water Commissioners informed Mr. Anderson that: a resolution was passed by the Board during the year 1958 which in part: provides that the Water Board will not make any connections outside thee City limits and that the Water Board Commissioners suggested that Mr. ALaderson appear before the City Council and if the City Council would gi•re their approval and make a recommendation to the Board of Water Comaissioners that the Board would probably consent to this request for a coonnection to a watermain outside of the City limits. On motion of Councilman Nolde, seconded by Cour ulman Peterson it was decided that Mr. Richard Anderson should petition the City Council to annex his property to the City so that a connection could be made to the watermain without violating the provisions of the resolution passed in 1958. (Councilman Melstr:-: voted "no"). After considerable discussion on Motion ©f Councilman Melstrom, seconded by Councilman Wohlers it was decided to amaend the Zoning Ordinance and include the following provision: That a fee be charged in cases where people request a special permit and hearings are required before the Council is authorized to grant the permit. A representative from Lystads, Inc. informed the Pdministrator that the ravine at Second and Hazel Streets is beiln9 used as a public dump and he suggested that some newspaper and radio publicity maybe helpful and would probably eliminate this problem. On motion of Councilman Peterson, secondeed by Councilman Melstrom the Mayor and the Administrator were directerli to contact the r-owspaper and radio in regard to some publicity. On motion of Councilman Nolde, seconded boy Councilman Peterson the report from the Clerk of Municipal Court coveriicg the month of April 1967 was approved anc ordered filed. A claim from the Stillwater Auditorium Co., against the City was filed by Lyle J. Eckberg, attorney representing these Stillwater Auditorium Company, and the Administrator informed the Counci l members that a copy of this claim was mailed to the City Attorney and. the Rrog Agency on May 16, 1967. age • • (Nay 16, 1967 - continued) A request from Sidney Wihren that the OC ity haul black dirt on land that was formerly used for a standpipe adjaoceat to Mr. Wihren's property. The request also included the sodding or seeding of this area and Mr. Wihren stated that he would then cut the grass: and maintain the area in connection with his property. On motion of Coune_i Lman Nolde, seconded by Councilman Peterson the City Engineer was directeod to haul black direct and seed or sod this land as requested by Mr. Wihreen. On motion of Councilman Nolde, secondeod by Councilman Wohlers Bond #400BV3065 covering George J. Luecken tto excavate in Stillwater streets was approved and ordered filed. On motion of Councilman Nolde, secondead by Councilman Peterson the complaints received about the Herbert flalfanz lot on Greeley Street was referred to the Stillwater weed inspect:tors. The City Administrator informed the Cousmcil that Mr. John Schadegg, who resides at 724 west Oak Street had repotted that while away from his residence living in the South a leak waes discovered in the toilet tank and as a result his water bill for the months of October, November and December increased from $5.00 to $5.40 Eor the period and, therefore, he was requesting a sewer rental adjustment from $5.40 to $5.00. The matter was voted on with the following resultsa:: Two in favor of granting the adjustment and three opposed. A request from Mr. Arnold Waldt, 409 weest Maple Street for a sewer rental adjustment from $5.40 to $5.00 per quarter. Apparently a leak occurred during the last quarter of 1966. Mr. waaldt lives alone and all previous billings have been $5.00. A vote was tsaken on this matter and two members voted to grant the request and three membbers were opposed. On motion of Councilman Nolde, seconded :lay Councilman Melstrom the Fire Protection contract between the City ano.d May Township was approved and ordered filed. On motion of Councilman Melstrom, seconded by Councilman Wohlers Certificate of Approval of Special Law 7by Governing Body was approved. (Increasing tax levy for General Taxes fromto 60 mills). On motion of Councilman Melstrom, seconoded by Councilman Nolde the Director of Civil Defense was granted pee:rnission to use the Civil Defense sirens to alert the citizens of Stillwatter in cases of severe storms and tornadoes. On motion of Councilman Peterson, seconaled by Councilman Nolde the City Attorney assisted by the Chief of Police was directed to amend the City's curfew ordinance changing the hours Promo 9:00 to 10:00 P. M. and other amendments necessary to comply with currrent state laws. 469 • • 470 (May 16, 1967 - continued) • ORDINANCES On motion of Councilman Peterson, seconded by Councilman Nolde the City Clerk made the first reading of "An Ordinance Relting to the Control and Prevention of Dutch Elm Diseasse and Epidemic Diseases of Shade Trees Within the City ofStillwat;er, Minnesota". RESOLUTIONS The following resolutions were read and where on roll call unanimously adopted: 1. Approving Special Law, Chapter 411, 6.4 Mill General fund Levy. 2. Appointing beach personnel and fixing their salaries. 3. Death of Lee Elliott on May 11, 1967. 4. A resolution fixing time and date of ppoblic hearing to determine the need of a Housing and Redevelopment Authority in the City of Stillwater. On motion of Councilman Peterson, seconded; by Councilman Melstrom the meeting adjourned at 12:50 A. M. Attest: F�Ndl�.�cw 9Y5..�rizue.Q-C. Mayor bat • .� Council Chambers Stillwater, Minnesota Regular Meeting The meeting was called to order by Presid9ent Powell. June 6,. 1967 4:30 P. M. Present: Councilmen Noide, Peterson, woh:Lers and President Powell. Absent: Councilman Melstrom Also Present: City Administrator and City Attorney UNFINISHED BUSINESS (out of order) This was the day and time set to open bide for the construction of a pre- engineered steel building for the Legion BHeach. The Clerk read the advertisement for bids aloud; Mayor Powell inquired if the advertisement for bids was publisheed, and the Clerk informed the Council that the advertisement for bids woos published in the Stillwater Evening Gazette, offical newspaper of the *City. on Nay 26, 1967 and June 2, 1967. The following bide were then opened and reaad aloud: Bid No. 1 Metal Buildings Construction Co., Inc. (John N. Boffoss) West St. Paul, Minnesota Totael bid--$12,692.00 Starrt date --within 5 days Completed in 90 days Bid No. 2 Diversified Erectors, Inc. Stillwater, Minnesota The City Administrator informed the Council. that this bid was not accompanied by a Bidder's Bond, Certified Check or Cash: Deposit as provided in the advertisement for bide. The City Attorney was then asked to rule on this matter ane the City Attorney ruled that this bid nomad not be read because it ' didnot comply with provisions contained in the advertisement for bids. On motion of Councilman Peterson, seconded by Councilman Wohlere the City Administrator was directed to reseal the bid and inform the binder. On motion by Councilman Peterson. seconded by Councilman Wohlere them bid submitted by Metal Buildings Construction Co., Inc. was referred to the City Engineer and the City Attorney for the purpose of checking same and making emir recommendation to the City Council later this evening. This was the day ano time set to open bids ear the construction of Local Improvement #65 and #66, 1967 - watermain Noorth Owen Street and West St. Croix Avenue. The Clerk read the advertisement for bids aloud; Mayor Powell inquired if the advertisement for bids was published, and the Clerk intormed the Council that the advertisement for bids was published in tee Stillwater Evening Gazette, official newspaper of the City, on May 22, 12967. 472 .J • (June 6, 1967 - continued) • The following bids were then opened and read aloud Bid No. 1 Molter Construction Co., Inc. RFD. #5 Stillwater, Minnesota Tonal bid--$13,156.30 Steeet date --June 15, 1967 Completed work date --July 15, 1967 Bid No. 2 Axel Newman Heating & Plumbing Cc., Inc. 1608 Como Ave. W. St. Paul. Minnesota 55108 Tot/al bid--$11,993.98 Start date --June 20, 1967 completed work date --July 20, 1967 On notion of Councilman Nolde, seconded byg Councilman Wohlers the bids were referred to the City Engineer and City Attorney to be checked and their recommendation to the City Council Later this evening. DELEGATIONS (out of order) Mr. Charles Swenson. business agent for Loocal #49, representing Street Eaployees and Sewage Treatment Plant Emplocyees appeared before the Council and presented the final draft of a: contract for Council approval. On motion of Councilman Wohlers seconded byy Councilman Nolde it was decided to adjust the minor difference* in: compensation within designated classifications as they pertain to the uni,.on contract. On motion of Councilman Nolde, seconded by Councilman w,bhlers the meeting adjourned at this point. It was decided that the Council members should read the Union Contract as presented by Mr. Swenson ,and take the necessaryaction on the contract when the Council reconvene:e at 7:30 P. M. this evening. (This portion of the meeting closed at 5:100 P. M.) 7:30 P. M.--Meeting Reconvened The meeting was called to order by President Powell. Opening prayer by the City Administrator. Present: Councilman Melstrom, Nolde, Peterson, Wohlers and President Powell. Absents None Also Present: City Administrator, City Attmrney, City Engineer, Chief of Police, Fire Chief, Buildling Inspector DELEGATIONS (out of order) On motion of Councilman Melstrom, seconded by Councilman Wohlers the contract presented by Mr. Charles Swenson, business agent for Local 49 covering Street and Sewage Disposal members was accepted and the proper officials of the City were authorized to e,escute this contract. APPLICATIONS on motion of Councilman Peterson, Seconded by Councilman Wohlers an Off Sale 3.2 Beer License was granted to Rein & Thomas Schue, 808 North Fourth Street (Country Boy Store). On motion of Councilman Peterson, seconded 'by Councilman Wohlers an Off Sale 3.2 Beer License was granted to JOI,Rn Hooley doing Business as Hooley's Super Market, 902 South Fourth :Street. On motion of Councilman Wohlers, seconded byg. Councilman Peterson an Off Sale 3.2 Beer License was granted to Arnold Deno, 215 North Williams Street. • • (MJune 6, 1967 - continued) 473 • e On motion of Councilman Wohlers, seconded by Councilman Peterson an Off Sale 3.2 Beer Licence was granted to :Dennis Johnson, 1101 North Owen Street. On motion of Councilman Peterson, secondeed by Councilman Wohlers an On Sale 3.2 Beer License was granted to DAennie Johnson, 1101 North Owen Street. on motion of Councilman Peterson, Popcorn Wagon License was granted On motion of Councilman Peterson, Popcorn Wagon License was granted Avenue, Minneapolis 4. Minnesota. seconded by Councilman Wohlers a to Louiis P. zeuli. (Renewal). secondeed by Councilman Wohlers a to George Bergstressen, 1801 Park On motion of Councilman Peterson, secondeed by Councilman Mohler° following cigarette licenses were granted° for 1967: Michele Kane (Snow White Cafe) Walter H. A. Wolf (Wolf Marine) Hy. 95 and Hy. 96 Lester Brower (Stillwater Municiipal Bldg.) 216 N. Fourth St. Arthur E. Raduenz, Jr. (Stillwater Motor Co.) 326 S. Main St. Donald C. Meyer (Stillwater Shell Station) 103 North Main James R. Thode (Grand Cafe) 106 S. Main St. Tom Greeder (Washington County Court House) (For 8 months) David R. Carlson (Texaco Service.) 2nd & Myrtle Ste. Vi Chitty (St. Croix Sandwich Slop) 412 S. Main St. Donald F. Mosiman & Glen L. Rarlloske (Pla-Mor) 317 South Main St. the COMMUNICATIONS From Mr. J. E. Slaughter in regard to stzreet repair and construction. A copy of a letter from C. J. Thompson. Ifuilding Inspector to T. H. Mork in regard to sewer hook ups in that area., A Copy of a letter from Dorsey, owen. Maxrquart. Windhorst and West to Springsted, Inc. in regard to proposed 8:350,000 Street and Equipment Bonds. Mr. Niles R. Shoff. Mayor of the City of Albert Lea addressed to Mayor Powell regarding mayors tour of Europe arid the cost for a three week tour is $850.00. From State of Minnesota Department of Hioghways in regard to new standards of driveways on trunk highways. • • e e PETITIONS a • A petition for annexation of land signed(' by Fred R. 8ohlken and Richard J. and Judith N. Anderson. On motion of Councilman Nelstrom, seconded by Councilman Peterson this petition waus accepted. A petition to change the name from Nortth Brick Street to Birchwood Drive. On motion of Councilman Melstrom, seconoded by Councilman Peterson that this petition be turned over to the Planning Commission for their consideration. CITY ADMINISTRATORS REPORT Mr. Richard Dewhurst of the Northern States Power Company has requested permission to park a house trailer on Me river front adjacent to the location of a display boat that will be anchored South of the Interstate bridge. The house trailer will be used for the purpose of displaying gas appliances on June 22, 1967. On motion of Councilman Nolde, seconded by Councilman Peterson the City Administratlor was asked to contact Nr. Dewhurst and inform him that this matter( must be cleared through the Lowell Park Board. The City Administrator reported that final statement has been received from the Federal government in connectioon with the Flood in 1965 and tint this settlement amounted to $45,557.80. On motion of Councilman Nolde seconded by Councilman Peterson the Cityr Administrator was directed to use this money for the purpose of retiring Certificates of Indebtedness which were sold the First National Bank :La the amount of $46,000.00 to finance the flood expenses until this final settlement was received from the Federal government. Mr. Al Bergen inquired of the City Adminiistrator if the Council would be willing to sell a lot owned by the City 'located on Olive Street lying West of the Second Street parking lot. miter discussion by Council members in regard to this matter it was (decided that the City Administrator inform Mt. Bergen that this lot is not fox sale at the present time and that it was purchased originally for accesses to a parking ramp which might be built sometime in the future. Mr. Ozzie Springsted of the City's bond ooneultant informed the Administrator that the bond market at this time is not Eavorable and probably will not improve within the next few months and time bond buyers index showed the prevailing interest rate as of this date to be 3.98% and suggested that it might be advisable to hold off on the salle of bonds at this time until the market improves. However, if the Council' members feel that the street improvements must be made this year and t=hat the equipment must be purchased this year, then perhaps the Council should proceed in spite of the high interest rate. On motion of Councilman Wohlers, seconded lby Councilman Nolde it was decided to use chloride on the unimproved: streets in the City this year in cases where residents have petitioned _for improvement during 1967 and plan to reconstruct some of these streets during the 1968 season and that this would also give the City Engineer adoditional time to prepare plans and specifications. imre • • • (June 6, 1967 - continued) 475 . e The City Administrator informed the C,'ouucil members that complaints have been received almost daily about Vehinles parking on residential streets for extended periods of time and that this matter had been discussed several times in the past and that an ordinance had been prepared by the City Attorney but that the Chief of Poollce raised some objections as to the proposed time that Vehicles could be parked on residential streets. The Council members felt that the Chien of Police and City Attorney should get together and work out this problem and present an ordinance for Council's consideration in the neaar future. Mr. Richard Blekum, the recreational diirector, recommends the appointment of Gerald Janish, 1802 N. Broadway fort the position of caretaker Legion Beach and on motion of Councilman Noldie, seconded by Councilmen Wohlers it was decided to comply with the recommendation of the Director or Recreation. The Administrator informed the Councill members that many complaints are being received about the condition of the Balfanz Property on North Greeley and Rice. On motion of Counci Arran Nolde, seconded by Councilman Wohlers this matter was referred to the Building Inspector's Department. The City Administrator reported that hue toured part of the City today for the purpose of inspecting streets in tide City and found certain areas are in deplorable condition mostly due to improper patching of holes which were dug by the Northern States Power Company for gas mains and other purposes. On motion of Councilman Moldre, seconded by Councilman Peterson the City Engineer was directed to inform the Northern States Power Co. officials to restore the surface of thee street that we disturbed by their crews to the original condition am it existed prior to digging in the streets. A memo from Police Chief Roepke informith.g the administrator that Donald Staberg has requested a transfer from Was Fire Department to the Police Department and also he requested that tame benefits he had established as a fireman remain the same if his transfeter is granted. The City Administrator stated that it might be advisable to conduct Civil Service examination for any new applicants for the Police Departtsent so that hiring for the Public Safety Department to be uniform. On lotion of Councilman wohlers, seconded by Councilman Melstrom the fire chief was directed to check his files and determine if there were any applications for the position of firemen and if this was the case that he conduct the examination, then the position of firemen could be filled as soon as possible and if the Fire Chief felt that Mr. Staberg could be transferred without too much interuptiom in the Fire Department activities to let the Chief know after the examinattion for firemen was conducted and the results determined. On motion of Councilman Molds, seconded by Councilman Wohlers the Chief of Police was authorized to hire David laaefelkamp to fill in during the summer months on a temporary basis. The City Administrator informed the Council members that Mr. Eugene Henke resigned from the Police Department effective June 1, 1967. Mr. Henke accepted a position as a guard at the Minnesota Mining & Manufacturing Co. The Clerk also informed the Council. that Mr. James Frederickson, a patrolman for the City has failed to report for dusty and it is assumed that Mr. Frederickson has resigned effective May 112. 1967. • • 476 • IWmne b, LVOI concanawwr The matter of space rental in the new municiipal building to the County of Washington for County Court purposes was discussed. Councilman Nolde made a motion that the City rent the necessaary court facilities to Washington County at $1,000.00 per month aped the City ask the County to enter into a lease at this rate for a five rear period. There was no second to Councilman Nolde's motion. On mention of Councilman Peterson seconded by Councilman Melstrom the administrator was directed to. contact the Chairman of the County Board and try to establish a fair rental price for the space needed for County Court Purpoaaes in the Municipal Building. (Councilman Nolde voted "no" on this motion;:). The City Administrator informed the Council. members that Mr. Al Ritzer stopped at his office on June 5, 1967 and informed the administrator that he had planted several thousand pine threes some years ago on land that was recently purchased from him by the: City and that he would like permission to thin: out these trees which he, stated is normally done to insure better growth of remaining trees. Mgr. Ritzer did not state that he would be willing to pay for these trees :tad on motion of Councilman Nolde, seconded by Councilman Peterson it w;ts decided not to grant permission to remove any trees from this prruperty at the present time. The City Administrator brought up the mattes of publicity in connection with a hearing scheduled for June 13, 7:30 IF. M., 1967 relative to Housing & Redevelopment Authority for the City of stillwfser. The Administrator reported that he met with Peter Racchini, the City's architect, and Jim O'Brien of the Simonet Fverniture Co.,as directed by the Council at a recent meeting,to discuss mono type of shade for windows in the municipal building, and altar a couple of meetingsMr. Racchini and an interior decorator of Simonet Furniture & Carpet Co. recommended a fibre glass drapery at a cost of $1,288.86. Opinion was divided as to whether or not it would be neocessary to install shades on the East windows of the municipal building. On motion of Councilman Nolde, seconded by Councilman Melstrom it wads decided to purchase draperies for all of the windows on the South and Weett. The Chair called for a vote on the motion wiith the following results:. Councilman Nolde and Councilman Melstrom votted "yes"; Mayor Powell, Councilman Wohlers and Councilman Peterson noted "no". The Administrator informed the Council mentions that Mr. Lyle Eckberg repre- senting Stillwater Manufacturing Co., Frank Schmidt.. and the Stillwater Motor Co. on parking lot assessments had called hits office to remind the Council that these parcels of land must be .:ed to comply with a district court order. The Administrator informed the Council that:Br. Stanley Lesson called at his office the other day and requested permission to continue working at the Connolly Shoe Co. until July 1, 1967 butt that Ns would be doing the custodial work at the City Hail on a part t::lne basis until then and the administrator suggested that the Council sent an hourly rate on a part time basis until Mr. Larson is hired as a p.w rmmsent erwloyee. On motion of Councilman Nolde seconded by Councilman chlers it was decided to compensate Mr. Stanley Larson on a part time basis as a custodian at the rate of $2.50 per hour. The City Administrator reminded the Councils that it has been the policy of the City to change banks for the handling of the city's regular account every three years and that the payroll account has been handled by the Cosmopolitan State Bank and the Farness & Merchant's Bank and that he would like to have the Council's feeling's on this matter and some (June b, 19b/ Contlnueu, 477 • • direction at this time. On motion of Counc+Liman Nolde, seconded by Councilman Melstrom it was decided to follow! the policy established some years ago and transfer all of the city's funds to the First National Bank of Stillwater for a period of three years.('?he transfer to be effective when the necessary checks and other related) matters have been received by the City). A copy of a resolution was read which was aadopted by Oak Park Heights in connection with a proposed storm sewer in W$ebster's Third addition and Mexinty's addition and McMillan & Cooley'se addition. Nr. John Clayey submitted a memo to the Citfy Administrator requesting the present five day's pay per week for a flour day work week. The Administrator felt that this matter should be discussed by the Council and he felt that if this request was granteed that it might set a precedent which might be hard to cope with in the fuetre. A memo from the Building Inspector which informed the administrator that the building at 214 North Main Street has ULeen condemned and requesting permission to take the necessary action to demolish the building in the event the owner does not comply with the Buailding Inspectors orders. On motion of Councilman Wohlers seconded by Coonacibaan Melstrom the Building Inspector was authorized to proceed as regwested in the memo. A-mame from the Building Inspector requestiinq that the Council adopt the New; Abbreviated Edition of the National Buillding Code dated January 1, 1967 and on motion of Councilman Molds, secondeed by Councilman Wohlers it was decided to comply with the Building Inspecttors' request and adopt the new code. A memo from the Building Inspector suggestiinq that the Councpil repeal Ordinance #290 and #291 in regard to gasol_1ne and fuel oil dtorage. On motion of Councilman Wohlers, seconded by Otouncilman Nolde the City Attorney was directed to prepare an Ordinance repealing Ordinances #290 and #291. A -memo from the Building Inspector in regard to an application from Dennis Johnson, 1101 North Owen Street for. a non -conforming use permit. A memo from the Building Inspector in whic!:h he stated that he and the members of the Planning and Zoning CommisssLon were in favor of a fee to be charged to persons making an applicatioos for special permit variances or extension of non -conforming use and on motion of Councilman Peterson. seconded by Councilman Nolde it was decides' to follow the recommendation of the Planning & zoning Commission and throe Building Inspector and that the Building Inspector be directed to bring some suggestions to the Council as to the amount of fees to be charged . The City Administrator informed the Council/ members that at numerous meetings of the Department Heads the matter of changing the City's vacation policy was discussed. The Council member® agreed that all employees of the City who are not members of an Associatinrn or Onion we'ald be entitled to the following vacation schedule: 1 year's service 1 week's vacation 2 year's service 2 week's vacation 5 year's service 3 week's vacation 15 year's service 4 week's vacation (See resolutions) • • • e R UNFINISHED BUSINESS On motion of Councilman Peterson, seconded by Councilman Wohlers it was decided to reject the bids received on a metal building for use at the Legion Beach and re -advertise for bids returnable June 13, 1967 at 4:30 P. M. (The bide were rejected because ttke Council members felt that the bid price was excessive). The City Engineer and the City Attorne•_y reported to the Council that the Axel Newman Heating & Plumbing Co. bid . on water main construction was the low responsible bid and recommended that the Council accept same. On motion of Councilman Peterson, Secondeod by Councilman Nolde it was decided to delete from the Axel Newman Heating. and Plumbing Co. bid portion referring to the improvement in St. Croix Avenue., (See Resolution). NEW BUSINESS (out of order) ing Mrs. Victor Prescott,represent'/the Stillwater Taxi Co.,and Mrs. Norman Webb, representing the Carlson Taxi Co,, appeared before the Council in regard to an increase in taxi fares. ears. Norman Webb presented type- written proposed schedule for Council .consideration and Mrs. Prescott was not in total agreement with this sched.a Le and suggested that some changes be made. Mayor Powell then suggested +that he meet with the two taxi cab companies at their convenience at his *office and it was finally decided that June 12, 1967 at 7:30 P. M. would be the time and date to meet with the representatives from the two cab companies, and on motion of Council- man Peterson, seconded by Councilman Woohlers the Mayor's suggestion was confirmed and that the Mayor report to vthe Council in regard to the matter at a later date. UNFINISHED BUSINESS (out of order) This was the day and time set for a putblic hearing on the request from! Dennis Johnson for a non -conforming use permit on the following described property: Lots 5 and 6, Block 19 Coopers* addition The Mayor opened the hearing and informed all persons that they could be heard in regard to this matter at this time. No one appeared at the hearing who was opposed to the granting of the non-contorning use permit. The Mayor then closed the hearing. On motion of Councilman Nolde, secondedd by Councilman Wohlers a nonconforming use permit on the foregoing described Bproperty was granted. This was the day and time set for publ:.ic hearing on public improvement of construction of the six inch cast iron.nnter main in St. Croix Avenue from Carnelian Street to Owen Street and Nord th Owen Street from West Wilkin to West Sycamore. The Clerk read the notice for hearing :aloud; the Mayor ingiired if the notice for hearing was published, and. the Clerk informed the Council that the notice for hearing was publislhed in the Stillwater Evening Gazette, official newspaper of the Citly, on May 22, 1967 and May 29. 1967. The Mayor then opened the hearing. Mr. Rude of Maple Manor inquired about his assessment. Mr. Dennis Johnson also inquired about hie assessment, but no one was present who was opposed to the proposeod improvement. After all interested parties were givens an opportunity to be heard the Mayor closed the hearing. • • • • (June 6, 1967 - continued) NEW BUSINESS A claim signed by Paul Liberty, Sr. for- trespass by reason of invasion of his property and property rights was re.tad and the Administrator informed the Council that a copy of this claim woes mailed to the 'Cog Agency and the City Attorney on May 22, 1967. On motion of Councilman Peterson, seconded by Councilman Nelstrom the Building Inspectors report for the month of May, 1967 was approved and ordered filed. ORDINANCES The second reading of an ordinance entit:Led "Ordinance Regulating Solid Waste Disposal Sites" was carried over t,:o a future meeting. motionOn of made the second ureadiing oft ansordinancedentitled "An ly Ordinance Nolde the clerk Ordinance entitled Zoning Ordinance. of this City of Stillwater".Amanding an Roll call was had after the reading of (mach section and all members of the Council voted in the affirmative. The Chair then put the question, "Shall this ordinance pass?", and upon roll call the ordinance was unanimously aodopted. She second reading of an ordinance relating to Dutch Elm Disease was carried over to a future meeting. The Second reading of an ordinance providi;.ag for issuance and public sale of $350,000 Construction and Equipment bonds of 1967 was carried over to a future meeting. On motion of Councilman Nelstrom, seconded by Councilman Peterson the City Clerk made the first reading of an Ordinance for the Annexation of the property of Richard Anderson. OLUTZOwm The following resolutions were read and werce on roll call unanimously adopted. 1. Directing the Payment of Bills. 2. Employment of Dorothy Schnell (Secretaryy to the City Administrator and fixing her salary). 3. Authorizing execution of easement (Gib SSwanson property). 4. Authorizing overtime pay for policemen and firemen. 5. Amending Resolution establishing policy .with regard to vacations and maintenance of income during disability edue to illness or injury. 6. Ordering Improvements and accepting bid nor construction of Local Improvements No. 65 and 66. 7. Employment of Gerald Janish (Season caretaker for Legion Beach). .e 479 • • 480 (June 66, 1967 - continued) 8. Employment of David Enefelkamp (Temporary summer help for the Police Department) 9. Adopting Building Code (New Abbreviated edition). On motion of Councilman Peterson, seconded by Councilman Nolde the meeting adjourned at 12:25 A. M. Attest:6137( jzit) City Clerk Mayor • Council Chamber Stillwater, Minnesota June 13, 1967 4:30 P. M. Regular Meeting The meeting was called to order by Preesident Powell. Present: Councilmen Melstrom, Nolde, Peterson, Wohlers and President Powell. Absents None Also Present: City Administrator, City 'Attorney and City Engineer. UNFINISHED BUSINESS (out of order) This was the day and time set to open ]tads for the construction of a pre- engineered steel building for the Legimn Beach Facility. The Clerk read the advertisement for Wide aloud; Mayor Powell inquired if the advertisement for bids was published, and the Clerk informed the Council that the 'advertisement for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on June 8, 1967. The following Bids were then opened and read aloud: Bid No. 1 Metal Buildings Construction Clo., Inc. John N. Mottoes 113 E. Bernard St. West St. Paul, Minnesota TTotal Bid--$11,875.00 Start work date within 10 days Complete work date 75 days Bid No; 2 Diversified Erectors Stillwater, Minnesota To'otal Bid--$8,942.00 Sttart date --June 19, 1967 Completion date --August 20, 1967 On motion of Councilman Melstrom, seconded by Councilman Nolde these bids were referred to the City Engineer and the City Attorney for consideration at the 7:30 meeting. APPLICATIONS On motion of Councilman Nolde, seconded bq- Councilman Peterson a phonograph license was granted to Marvin L. Huber, 1:002 Delaware Avenue, Neat St. Paul at the Snow White Cafe, 229 E. Chestnut St.treet. COMMUNICATIONS From Lystad's Exterminators -Layton Landstnom regarding work performed during the month of May. From E. J. McCubrey, District Engineer of the Minnesota State Highway Department regarding traffic operations in Stillwater.. • 481 (June 13, 1967 - continued) r • e DELEGATIONS OR INDIVIDUALS Mr. William Hawkinson, a member of a co:mitt:ea within the Chamber of Commerce, appeared before the Council and maede the following suggestions and recommendations to the Council for their! consideration and approval. 1. He stated that the members of his committee felt that certain things should be done to beautify tithe downtown area and that one of the projects that was discussed by his committee members was that they would like to decorate title parking meters with wrought - iron containers fastened to the paatk ing meter poles and plant flowers in the containers. The coast of such a project would be about $2.00 per meter and this cost: would be paid by the merchants in the downtmm area. 2. Suggested that the Council considem placing benches in various :. locations in the downtown area for teenagers that are presently sitting on ledges of store fronts. 3. That some of the merchants have indicated that they would like to get permission to operate outdoor .safes. 4. That the Council pass a strict ordinance providing penalties for litering in the downtown area and that he hoped containers could be placed in suitable locations whitch might have a tendency to stop litering in the downtown area:. CCfo nCico�neniHolds a�iscussion seconded by Councilman WWoblthe Council erssiitswas decided to refer these matters and requests to the City Attorney and with instructions that he report on the legality of these requeests. Mr. Dave MacNeil, - executive secretary of thne St. Croix Area of Chaaber of Commerce appeared before the Council and reequested permission to do certain things during the forthcoming promotional delays and also to make some suggestions. ing ed 1. He inquired if Mayor POWell would "Dunker's Bench" be during Crazy Days to he held to on heldon July27,,s28, 29111967. The Mayor stated that he would have no objsetimns and that he would comply with Mr. MacNeil's request:. ie in 2. He stated ofhfour9rid rides Carnival and thathehe would like permission to place these ri..fes within the City as follows: A ferris wheel and a whip on Main: Street. A train and helicopter near Lowel.L Park. 3. Requested permission to use Pioneer Park and the band shell for three days to stage a professiona.L children's play sponsored by the Woodbury Jaycees. 4. Would like permission to stage tine annual sidewalk sale on Friday, the 28th of July. 5. They would like to try to promotes an "Open Air Market" in conjunction with the 4-H kids manket and that they would like to close Union Alley between the Ben Franklin Store and Washington Federal and Loan Association. This would be on Saturday. July 29th. On motion of Councilman Nolde, seconded by Councilman Peterson the foregoing requests by Mr. Maceeil were granted and the City Administrator was directed to intform the department heads about this matter. IWO • • • (Jame 13, 1967 - continued) 48` • • Mr. MacNeil also stated that the Parking Committee of the Chamber of Commerce have indicated that they would be :in favor of improving a piece of property owned by the Northern Pacific R::ailroad Co. in the Lowell Park area South of Chestnut Street for a parking lot which would, if properly laid out. accommodate about 70 automobiles and that t11e Chamber has contacted the Railroad Company about removing a spur traci:k in this area at an estimated cost of removal to be about 3 to 4 dollars limo foot of trackage. and that the committee would like to have the City E::sgineer prepare cost figures on this project and suggested this area should: be metered and stated that he would like to get the council's feeling abouat metering the lot and splitting the revenue on a 40/60 basis -- 40% to the *City and 60% to the Railroad Company but that the City would have the exppenditure and purchasing and installing the meters. On motion of Councibaan Nolde, seconded by *Councilman Peterson the Council went on record favoring the project in prinmvipal. Mr. MacNeil then inquired if the negotiations with the Northern States Power Co. to acquire parking lot property on Main Street North of Myrtle Street is a possible site to construct a new office building were still underway and he was informed that no direct contact was made by the Northern States Power Co. in regard to this matter but that inquires were received from real estate men as to whether or not the City would be willing to sell this property. He then inquired in the event that the Northern States Power Co. would acquire this property for a new office building, would the City then be willing to purchase the property on which the Minnesota Mercantile building is now located and to use this area for off-street parking. The Council members did not voice a direct opiniion in regard to this matter. Mr. MacNeil also suggested that the Council consider restricted automobile parking on Second Street just North of the Loowell Inn on the West Site of Second Street to Mulberry Street. On motionn of Councilman Nolde, seconded by Councilman Melstrom this matter was refenced to the Chief of Police. Mr. MacNeil suggested that Mr. Reuben Jacobseon,parking meter man, be instructed to strictly enforce the meter viootations in the downtown area because he was of the opinion that the merchsants were violating the parking ordinance and thus defeating the purpose of the meters and also felt this was detrimental to their own business. On motion of Councilman Nolde, seconded by Councilman Peterson the City - .Engineer was directed to prepare plans and specifications so the Council could advertise for bids on black topping thne parking lot directly North of the Ogren property on Main Street. Mr. MacNeil stated that he and Mayor Powell had discussed the matter of a housing authority for the City of Stillwater- and that they would suggest three persons that might be interested in serving on the authority, namely Jack Mooley, William Gfrerer and Robert MCGa.,rry. ADMINISTRATOR'S REPORT The City Administrator reported that Mayor Powell had suggested to him that the City Engineer be approached about workln.ig overtime to do the necessary field work, drawing of plans and preparing sypecifications so that the Council could advertise for bids on the doing of workk on the following projects:as soon as possible during 1967: • • e 484 (June 13, 1967 - continued) • • 1. South Sixth Street 2. Brick Street 3. Echo Lane 4. Linden Street 5. Orleans Street The City Administrator stated that he had onntacted the City Engineer about this matter and that the Engineer hada showed a willingness to work overtime at an hourly rate of $7.10 per hover and that the Engineer also stated that he would like to have Jack Shellton work overtime at the rate of $5.10 per hour and Mr. John Clarey to assent him during the overtime hours at $3.50 per hour. On motion of Councilman Nolde, seconded by Councilman Peterson it was decided to compensate the City Engineer at the rate of $7.10 per hour for overtime. Mr. Jack Shelton $5.10 per hour for overtime and Mr. John Clarey or an assistant at the rate of $3.50 per hour for overtime andte additional person to assist in the foregoing street projects so plans specifications be completted as soon as possible. Compensation is to be paid according to Penes listed. on time cards by the City Engineer. The Administrator reported that the City Engineer had requested that the Council consider purchasing a vehicle for tea use and after some discussion on motion of Councilman Molds, seconded by Councilman Peterson the City Administrator and the City Engineer were dilrected to contact various car. dealers and make a recommendation to the Citlty Council at a future meeting. This portion of the meeting recessed at 6:310 P. M. 7:30 P. M. - Meeting Reconvened. Meeting called to order by President Powel:1. Opening Prayer by the City Administrator Present: Councilmen Melstrom, Nolde, Peterrion, wohlers and President Powell. Absent: None Also Present: City Administrator, City EngiLneer and City Attofney. CITY ADMINISTRATOR'S REPORT A letter was read signed by Chief of Policia Alfred Roepke in which he requested that he be relieved of the duties of the police Chief and then be re -instated as a sergeant on the Police Force. On motion of Councilman Peterson, seconded by Councilman Wohlers, Mr. Roepke's resignation was accepted with regret. A memo from the City Engineer to the City Administrator in which he stated that the Minnesota Industrial Commfdssion have ordered that the following items be installed: 1. Tail pipe exhaust system bracket Street Garage. 2. Guard over belts on Air Compressor - brackets Street Garage. • • • • • (June 13, 1967 - continued) 83 Replace broken caps on ground commnectors for various pieces of equipment in Street Garage. 4. Tire changing cage. 5. Protective guard railing on opens stairwell at North End of Municipal Bldg. on ground floor.. On motion of Councilman Melstrom secondedl by Councilman Nolde the Council agreed that these matters should be takena care of and that the City comply with the order of the Industrial Commission. The Administrator reported that Mr. Lyle :Eckberg who resides on West Orleans Street had suggested that the Council migllat consider vacating a part of Orleans Street West of Fourth Street in view of Clara fact that the cost to improve this area and acquire property would be high. The Administrator read a letter from the Estate of Minnesota Department of Health approving the City's plane and epesci£ications for a six inch east iron watermain North Owen Street and weet.St. Croix Avenue. On motion of Councilman Melstrom seconded by Councilman Peterson the purchase of investments by First National Bank of MUnneapolis in connection with City escrow account for $2,000 U. S. Treasury Gills maturity 5-31-68,8rlsdd 3.86 was approved. A reply to the City Administrator's memo Ito the City Attorney was read in which he stated that he had requested that* the Chief of Police inform him as to the hours and other changes that should be made in an ordinance prohibiting the parking of vehicles on streets over a certain number of hours.. On motion of Councilman Melstrom, seconded) by Councilman Wohlers it was decided to install a time clock at the sewage disposal plant. The Council members felt that a meeting shtuuld be arranged with the Northern States Power Co. officials sometilme in the near future to discuss land exchange near the City Sewage Disposaal Plant. The Administrator informed the Mayor and Ube Council members that the Chief of the Fire Department will be holding an entrance examination for firemen in the near future. A letter was read from the Attorney General addressed to Nr. and Mrs. Harold Pauley in regard to vandalism done by teenagers. UNFINISHED BUSINESS The City Administrator read the new proposed taxi rates and on motion of Councilman Peterson, seconded by Councilman Melstrom the increased rates were approved to be effective June 17, 19667. NEW JUSIIESS On motion of Councilman Nolde, seconded by. Councilman Peterson the Stillwater Township Fire Contract was approved and ordered filed. On motion of Councilman Melstrom, secondedE by Councilman Nolde a plat submitted by John E. Heinlein requesting replating oof an area was referred to the Planning Commission. 485 • 486 (June 13, 1967 - continued) • ORDINANCE (out of order) On motion of Councilman Nolde, Seconded by Councilman Wohlers the City Administrator made the second reading of an ordinance entitled "An Ordinance Relating to the Control and Preventtion of Dutch Elm Disease and Epidemic Diseases of Shade Trees within tfhe City of Stillwater, Minnesota". The ordinance was read section by section folllowed by roll call after each sectica and with the exception of Sectioon 8 all members of the Council voted in the affirmative. On motion by Councilman Nolde, seconded by Coouncilman Wohlers that we refer Section 8 to the City Attorney and have; him make recommendationc. (motion withdrawn). On motion of Councilman Wohlers, seconded by .Councilman Molds that we carry this ordinance over and vote on Sectiorn 8 at a later meeting. UNFINISHED BUSINESS (out of order) This was the day and time set for public hemming to determine the need for a housing and redevelopment authority to function in Stillwater, Minnesota. The clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published, and the Clark informed the council that the notice for hearing was published in the Stillwater Evening Gazette, official newspaper of the City, on Mlay 25, 1967. The Mayor then opened the hearing and all persons present could be heard at this time. Mr. Allen Anderson from the State Housing Authhority appeared before the Council and explained the program in detail. About 23 persons were present at this hearing. Dr. Henry Van Meier then asked several questilens and stated that in his opinion people who are on the relief rolls would probably get the greatest benefit from low rent housing for the elderlyy. He felt that the people who have made a living on their own for all oof their lives would probably be too shy to take the necessary steps to acoquire this low rent housing and would probably not want to dispose of their homes. After everyone was given an opportunity to bee heard, the Mayor then asked the question, "How many people present would !be in favor of low rent housing for the elderly?" Two persons indicated that they would be in favor and 13 persons indicated they would be Apposed. Councilman Wohlers then stated that he had changed his opinion about this matter and felt that the architects who, had appeared at previous meetings had created a glorified picture Abort this low rent housing and he was not too sure that he was in favor. of it at this time. The Mayor then closed the hearing. ORDINANCES (see top of this page for Dutch Elm D:Lsease Ordinance) On motion of Councilman Peterson, seconded b_y Councilman Wohlers the City Administrator made the second reading otf an ordinance entitled "Ordinance Regulating Solid waste Disposal S:ites". • (June 13, 1967 - continued) 487 e • The ordinance was read section by section followed by roll call after each section and all members of the Couno.cil voted in the affirmative. The chair then put the question, "Shall tthis ordinance pass?", and on roll call the ordinance was unanimously ;adopted. On motion of Councilman Peterson, secondeed by Councilman Nolde the City Administrator made the second reading of 'am ordinance entitled, "An Ordinance Determining the Annexation of oCe:twin Land to be in the best Interests of the City of Stillwater and oof bhe Territory Affected and Declaring Same to be Annexed to the City''. (dump property). The ordinance was read section by section: followed by roll call after each section and all members of the Couneail voted in the affirmative. The chair then put the question, "Shall Ottis ordinance pass?", and on roll call the ordinance was unanimously adopted. Ordinance No. 413, entitled "Ordinance Pzzoviding for Issuance and Public Sale of $350,000 Street Construction and Equipment Bonds of 1967", was read section by section by the City Clerk*. No amendments were offered to any section. Upon conclusion or readihng of the Ordinance, Councilman Peterson moved the adoption of Ordinance No. 413, and the motion was seconded by Member Nolde. Upon vote being taken on the final passage and adoption or said Ordinance, the following, voted in favor thereof: Councilmen Malstrom, Nolde, Peterson, Wohalers and President Powell, and the following voted against the same: Nome whereupon said Ordinance was declared to :Se duly passed and adopted, and was signed by the Mayor and attested by tthe City clerk. On motion of Councilman Peterson, secondeed by Councilman Nolde the Administrator made the first reading of an ordinance "Repealing Certain Old or Obsolete Ordinances". RESOLUTIOBs The following resolutions were read and ware on roll call unanimously adopted. 1. Resolution authorizing agreement with the County of Washington, City of Stillwater and the Village off Park Heights to construct storm sewer facilities. 2. Accepting Bid for construction of a Rpre-engineered steel building for the Legion Beach Facilitty. On motion of Councilman Nolde, seconded byd Councilman Melstros the meeting adjourned at 11:00 P. M. Mayor Attest: • 488 COUNCIL CHAMBER STILLWATER, MINNESOTA SPECIAL MEETING Jture 19, 1967 4:30 P. M. The meeting was called to order by Presiicent Powell. Present: Absent: Councilmen Melstrom, Nolde, Councilman Peterson Alao..Present; City Administrator Woohlers and President Powell On motion of Councilman Nolde seconded b1C Councilman Melstrom it was decided that a performance bond in the scam of $2,500.00 be set and be a part of the contract to operate dump) for use of the citizens of Stillwater. Mayor Powell brought up the matter of reinting space in the Municipal Building for County Court purposes and wh.doh was created by the legislature during the last session and wnill become effective as of June 1, 1967. On motion of Councilman Nolde, seconded by/ councilman Melstrom the City Administrator was directed to contact:: members of the County Board and arrange a meeting in the Municipal BudElding to discuss the matter of space and charges for same. On motion of Councilman Wohlers seconded boy Councilman Melstrom the City Administrator was directed to inform Invesstigator Oedatus that he will be charged on a temporary basis with the responsibilities of the office of Chief of Police. On motion of Councilman Wohlere, seconded Iby Councilman Nolde the meeting adjourned at 6:25 P. M. Mayor • 489 • Council Chamber Stillwater, Minnesota June :27, 1967 4.30 P. M. Special Meeting The meeting was called to order by Pres:ident Powell. Present: Councilmen Melstrom, Nolde, Petterson and Wohlers, President Powell Absent: None Also Present: City Administrator and Ciity Attorney Idor Pedersen, Chairman oof the Washington County Board of Commiissioners Don Caffety, County Commilssioner Jack Thoreen, County Attoorney Considerable discussion was had in connection with rental of space in the new Municipal Building to the County for thee newlt created County Court by the 1967 Session of the State Legislature. During this discussion it was agreed by all parties present that the County Court will use the Court Library owned lily the City at no expense to the County but that the County must keep up the supplements to the Statutes. The County Board members present felt that the Mayor's and Councilman's office room #109 would not be needed for the Cccunty Court operation. The rent for the Council Chambers, the Jiudge's Chamber, the Jury Room and the Clerk of Court's office, room numbers 1003. 105, 107 was then discussed. Council- man Peterson suggested that a figure of $4.00 per square foot would amount to $750.00 per month including a small offiice on the ground floor adjacent to the drafting room used by the Engineer. Mr. Pedersen then stated that he had a tentative figure in mind of about $500.00 per month for these quarters but: after thinking it over, he and the County Commissioners want to split the dlLEference with the City and would agree on a figure of $625.00 a month for a one: year lease. The Council then countered with a proposuai figure of $8,000 per year amounting to $666.66 per month. Then after further discussion it was agrreed by the City council and the Board of County Commissioners that a figure of $650.00 per month would be satisfactory to both parties and the City Attorney wow directed to draw a lease which would include the following rooms: The Council Chamber Rooms 103, 105, 107 Room G-14 The lease is to run for a period of one 'year. The City Administrator informed the Mayoz•r and Council Members that Mr. Burt Rivard had called the Administrator and :Inquired if the City intended to cover the old dumpsite with earthfill and that the Administrator had informed Mr. Rivard that he would bring this matter to the Coouncil's attention and that Mr. Rivard then stated that in the event the Counci:1 did not take favorable action in this matter it would then be necessary for hirm to take the matter to court and force the City to cover the old dump site and tibat he would take other appropriate action to have the old dumpsite covered. The Council members took no official actihon in regard to this matter but directed the City Administrator to inform Mr. Burt% Rivard that there is no money available during the year 1967 to comply with his aequest. • • • • 490 (PJune 27, 1967 - continued) The City Administrator reminded the Mayor and .Council Members that no provisions have been made to finance Local Impprovement projects that already have been completed and some have been contracted for and suggested that the Council considering borrowdng money to finance these projects as soon as possible. No action was taken at this time. On motion of Councilman Nolde, seconded by Cocuncilman Melstrom the meeting adjourned at 6:15 P. M. /t Attests city Clerk Mayor • e 49I. • • Council Chamber Stillwater, Minnesota 00une 28, 1967 5:00 P. M. Special Meeting The meeting was called to order by President Powell. Present: Councilmen Melstrom, wohlers, President Powell Absent: Councilmen Nolde, Peterson Also Present: City Administrator and Crity Attorney The Mayor announced that this was the time appointed for the purpose of considering bids for the purchase of $3550,000 Street Construction and Equipaent Bonds of 1967 of the City adwertised for sale in accordance with Ordinance No. 413 adopted by the City Council on June 13, 1967. Affidavits showing publication of the notice of saale in the official newspaper and in the Commercial West in accordance with said ordinance were presented by the City Clerk, found satisfactory and ordered placed on file. The City Clerk reported that four sealeed bids had been received, in accordance with said notice, which bids: were then publicly opened, read and considered, and the highest and best bid of each bidder was found to be as follows: BIDDER NET INPL➢REST COST 1. Jaren & Moody, Inc. $103.,277.50 2. First National Bank of St. Paul 3. Allison -Williams Co. 4. American National Bank & Trust Co. NET EFFECTIVE RATE 3.9952% $103„ 783.75 4.01484% $103:,645.00 4.009% $ 991,651.00 3.8549% Net effective rate -- 3.9952% After consideration of the foregoing beide Councilman Melstrom moved that the bid of the American National Bank of Sot. Paul be accepted and his motion was seconded by Councilman wohlers. Sale Melstrom ConstructionnsandnEquipmententitled. Bondsof"Resolution Awarding 967 Councilman wohlers seconded the motion and upon vote taken thereon members present voted as follows: Aye: Councilmen Melstrom, Wonlers and President Powell No : None Whereupon said resolution was duly carried and adopted. A form for the printing of the bonds,- including the coupons to be attached thereto. whose sale was awarded by the foregoing resolution was presented to the meeting, examined and ordered placed on file. Councilman wohlers thereupon introduced Resolution No. 3066. entitled. "Resolution Prescribing the Form and Details and Directing the Execution ancreating Fund, very of $350,000 Street Construction and Equiipment Bonds of 1967, 4 a and Levying Taxes for their Payment."" Councilman Melstrom seconded the motflon and upon vote being taken thereon, the members presented voted as follows: AYE: Councilmen Melstrom, ldohlers and President Powell NO: None whereupon said resolution was duly carried and adopted. • • 49• (Junes 28, 1967 - continued) • • The City Administrator informed the Mayor aged Council members that Mr. Leighton Charlsen had stopped at his office this morning and stated that he was unable to continue to operate a dump, for the City of Stillwater at the present rate of compensation, which amouunts to $0500.00 per year and that unless the Council could make some adjvustment in his compensation he would be forced to close the dump as of :,July 1, 1967. Mayor Powell stated that this was an important decision to make and that this matter should be carried over to June :29th at 2:00 P. M. when all members of the Council could be present and the City Administrator was directed to contact Mr. Charlsen and arranges to have him in the building in the event that the Council would want to ask some questions of Mr. Charlsen in regard to this matter. On notion of Councilman Melstrom and secondeed by Councilman Wohlers the Mayor was granted a mileage allowance of $1E5.00 per month from and after July 1, 1967 and the Mayor and the Clerk are: hereby authorized and directed to draw thlir warrant -check accordingly. Councilman Wohlers introduced a resolution emtitled, "Authorizing Additional Compensation for Russell J. Wo1fM, Clerk of the Municipal Court,"duly seconded by Councilman Melstrom and on roll call was unanimously adopted. On motion of Councilman Melstrom, seconded boy Councilman Wohlers the meeting adjourned at 5:50 P. M. Attest: Mayor Po 5 • • • • COUNCIL CHAMBER Stillwater, Minnesota June 229, 1967 2:00 P. M. 493 Special Meeting Meeting called to order by President Powe=l1. Present: Councilman Melstrom, Nolde, Petexrson, wohlers, and President Powell Absent: None Also Present: City Administrator and Cit:.y Attorney Mayor Powell suggested that the City Administrator restate what had been said at a meeting held on June 28, 1967 in reward to the dump and the City Administrator stated that Mr. Leighton Charlsen had stoppped at his office on June 28, 1967 and informed him that he could no longer run tthe dutap for the City of Stillwater for a compensation amounting to $4,500.00 a yrear and that unless the Council would make an adjustment in his compensation Inc would be forced to close the dump as of July 1, 1967. The Administrator also reported that Mr. *Charlsen had requested an additional $8,000.00 per year for a total of $12,500.00. Councilman Peterson inquired, "what additional services will Mr. Charlsen give if he is paid $12,500.00 per year?" Mayor Powell felt for this amount he shoulld be required to dig a trench large enough to bury all materials coming to thee dump except brush and that Mr. Charlsen should be required to make arranogeusents to have a trench dug within 10 days after signing of a contract. Mayor Powell also felt that all burning slhould be eliminated. Councilman Peterson then inquired, if a MM. Johnson, who is in the garbage pickup business in White Bear and other axoeas, has been eliminated as a possible new compulsory garbage pickup for Stillwather. Councilman Nolde suggested that probably tithe City should consider leasing property from Leighton Charlsen and running the dump with City labor. Mr. Leighton Charlsen was then called into* the Council'Chambet. Mayor Powell inquired of Mr. Charlsen, if the city would go along with his request and pay him $12,500.00 per year would he continue to make a charge to the businesses in the downtown area who uese the city dump and Mr. Charlsen said that this practice would continue, even through the City was paying an additional $8,000.00 per year. President Powell then inquired if he would dig a trench of sufficient size so that all materials except brush coming to the dump could be covered and so that the area would be known as a "landfill dump" and Mr. Charlsen answered that this would be done and the first thing he would do is dig a trench. Then the Councilmen also informed Mr. Charrlsen that several complaints have been received about the dump tender and that thney hoped if the Council agree to pay him $12,500.00 per year that he might consider replacing the dump tender. Councilman Peterson then inquired of Mr. Charlsen, "will you have a system of trenching?" Mr. Charlsen answered, "Yes". Councilman Peterson inquired, "Will you waver the rubbish and garbage dumped in this trench every day?" Mr. Charlsen answered, "Yes, but that someetimes in the winter it might be impossible to get enough loose dirt to do this". The Council then inquired of Mr. Charlsen,. "Will you comply with the recently adopted ordinance as it pertains to dumps??" • • • 494 • (June 29, 1967 - continued) • He stated that he felt that he would furrnish a performance bond. Mr. charlsen stated that he would agree to a six month contract running from July 1st through December 13, 1967., Councilman Melstrom then suggested that Mr. charlsen should be given a contract for a period of six (6) months., Mayor Powell stated that he felt that ttte City was fortunate but it was rather difficult to negotiate for a peraod of time especially in view of the fact that Mr. Charlsen will have quilite an expense to trench and do otter things required of him by the Council. The Mayor also stated that whatever actiion is taken he would like an unanimous vote if possible. Councilman Nolde felt that there should 'be a provision in the contract that in the event that Mr. Charlesen fai.Led to live up to the contract that the City could acquire his property' for $15,000.00. Councilman Nolde felt that an additional. $8,000.00 was quite an increase at this time and that Mr. Charlsen shoulri be required to install a water - main and hydrant at the dumpsite because this would eliminate a lot of expense so far as fire department runs too the dump whenever a fire breaks out. On motion of Councilman Nolde, seconded tty Councilman Peterson the City Attorney was then directed to draw a contract which would include the following three provisions: 1. That Mr. Charlsen install a water hydrant at the Dumpsite. 2. That the contract would rum for a six month period from July 1, 1967 through Decemet er 31, 1967. 3. That Mr. Charlsen would be• required to dig a suitable trench for a Landill Dump vvithin 21 days from the date of the contract and that Mir. Charlsen be compensated $625.00 per month for the NtaLance of the year 1967. The Administrator read a letter from the Secretary of the Volunteer Firemen in which he requested that in the event that there should be a vacancy in the fire department for regular firemen thtat the volunteers be given first opportunity to fill the Vacancy and that itt would not be mandatory that they take a Civil Service Examination. The Administrator stated that he felt this communication should have cleared the Fire Chief's desk first befor® coming to him. On motion of Councilman Nolde, seconded byy councilman Peterson this matter was referred back to the chief of the Fires Department, On motion of Councilman Peterson, seconded: by Councilman Melstrom it was decided to purchase fibre glass draperies . for all of the windows in the Municipal Building at a cost of $998.00 installed. On motion of Councilman Wohlers, seconded Iby Councilman Melstrom the meeting adjourned at 4:50 P. M. Attest: l 7i Mayor • • • 496 This page left blank purposelyy since there were not ample pages to complete the month of July or any portion of the July minutes inn their Entirety. r fe e • COUNCIL CHAMBER Stillwater, Minnesota July 111, 1967 7:30 P. M. Regular Meeting The meeting was called to order by Presicl9ent Powell. Opening Prayer by City Administrator. Present: Councilmen Melstrom, Nolde, Wortlers and President Powell Absent: Councilman Peterson Also Present: City Administrator, City Attorney, Building Inspector, Fire Chief, Acting Chief of Poliice On motion of Councilman Nolde, seconded thy Councilman Melstrom, minutes of the following meetings '.-re approved: Special Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Special Meeting Special Meeting Special Meeting Special Meeting May 8, 1967 May 9, 1967 May 16,, L967 June 6,, 1967 June 1:1, 1967 June 1!9, 1967 June 2'1, 1967 June 2E8, 1967 June 229, 1967 4:30 P. M. 7:30 P. M. 7:30 P. M. 4:30 P. M. 4:30 P. M. 4:30 P. M. 4:30 P. M. 5:00 P. M. 2:00 P. M. APPLICATIONS On motion of Councilman Wohlers, secondebd by Councilman Melstrom a soft drink license was granted to Donald F. Moosiman and Glen Rarloske (Pla Mor), for the year 1967. On motion of Councilman Nolde, seconded Illy councilman Melstrom three amusement machine licenses were granted to George Woohlers, Jr., and one music machine license (location Stage Door Canteen, Auoditorium Theater Bldg.) On motion of Councilman Wohlers, secondeod by Councilman Melstrom a music machine operator's license was granted too Marvin L. Huber, 1002 Delaware Avenue, West St. Paul, Minnesota. An application for a permit to solicit fiunds from Christian Record Braille Funds, 4444 South 52nd Street, Lincoln. INebraska was presented and on motion of Councilman Melstrom, seconded by Councilman Wohlers it was decided to clear this matter through the United Fund or Chamber of Commerce. On motion of Councilman Wohlers, secondeod by Councilman Melstrom a soft drink license was granted to Donald Meyers, LOOT N. Main Street for the year 1967. COMMUNICATIONS From J. L. Taylor, Sales Manager of the parking Meter Department informing the Council that Mr. Reuben Jacobson has completed a course in parking meter maintenance. From James F. Simonet. Register of Deedse, informing the Council that the legislature passed a law which provides in part that there shall be no charge for filing certain documents by a City. From Dean Lundholm of the Lundholm Construction Co. requesting payment of a claim as the result of a small fire during the construction of the new municipal building. On motion of Councilman Melstrom, secondfed by Councilman Wohlers the matter was referred to the City Attorney for reeport and recommendation at the next meeting of the Council. • • • • (.Italy 11, 1967 - continued) A copy of a letter from the Northern PactLfio Railway Co. addressed to the Mueller Boat Works suggesting that tl:te officers of the boat works consider entering into an agreement or Lease with the railway company for a large area known as Mulberry Point:, The reason for the company making the suggestion to the Mueller Boaht Works was that the City had discontinued leasing this property and, *therefore, it was now under the jurisdiction of the railway company and :any one using this property was trespassing. The City of Stillwater amnestied its lease with the railway company because ample parking of automob:.iles was provided for by the construction of off-street parking lots :and the City's finances in the Parking Facility Fund were overdrawn aped the maximum legal tax levy for a tax fund in a fourth class city was note sufficient to pay a rental charge of $2,400.00 per year. From the Krog Agency, Inc. informing the City that the Carlson Cab Co. is now covered by liability insurance in the Travelers Insurance Co. as of June 18, 1967 on the same basis as previously covered by another Travelers Agency, From E. H. Leitte who resides at Penthousse Acres requesting better lighting facilities in the area. On motion of Courmcilman Melstrom, seconded by Councilman Wohlers this matter was referred to the City Administrator and Acting Chief of police Gedatus for a repast and recommendation. From David McNeil, executive vice president of the St. Croix Valley Area Chamber of Commerce in which he inquired about the City Council's position relative to a referendum on Sunday Liquor Sales in the City of Stillwater. He also stated in his letter that personae in Stillwater who would qualify to serve liquor on Sunday are not interested in initiating a referendum. Discussion followed reading of this communication and the City Attorney informed the Council members that in the event that the City orders a referendum, it must follow the same procedure used in the last election -- that is voting machines must be used and iproper notice of such an election must be given. The Council members inquired of the City ildministrator as to the cost of the last City's election and the Administratonr informed them that the total cost was about $2,500.00. No action was taken by the Council in regsard to this matter and it was suggested that the City Administrator infoorm Mr. McNeil. DELEGATIONS Mr. Guy Dilte appears efore the Council sand inquired if somethingcouldbe l done about noisy muffrs on automobiles sand also about the speeding on the South Hill. The Mayor suggested that the Acting Chief Gedatus look into this matter. Mr. Lowell Plaster, an officer of the Eagles Lodge appeared before the Council and stated that the Lodge was sponsoring a show at the Stillwater Armory on the 21st day of July and requestked that the Council issue a permit for this event. On motion of Councillman Wohlers, seconded by Councilman Melstrom a permit: was granted tto the Eagles Lodge to conduct a show at the Stillwater Armory on July 21, 1967 and the fee for the permit was set at $10.00. Mr. Dean Charlsen, director of Civil Defernee for the City of Stillwater appeared before the Council aid stated thatr a test of the Civil Defense Sirens revealed that there are some areas within the City that need some amplification so that the warnings can be heard by all of the citizens. on motion of Councilman Nolde, seconded by Councilman Wohlers the Civil Defense Director was authorized to have a survey made for the purpose of determining the type of equipment needed sa that all of the City of Stillwater will be able to hear the sirens: in case of emergencies. Mel • e • • (July 11, 1967 - continued) Mr. Edward Davidson appeared befo:.re the Council and requested and unloading zone be provided foir the Hudson Baker the intersection of Main and that a loading Chestnut Streets. Y at their new location at On motion of Councilman Nolde, seconded by Councilman Mellatrom this matter was referred to the Acting Chief err Police for a report and reco mmendation. PETITIONS From From officers of Rockdale Industrises, 1329 South Second special permit to conduct a business, at Wilkin and g a sheet of paper was attached to the Street requesting sheets the spetition containing Third esStreets.property A type s nuteess at W surrounding area stating that the g signatures ofo this >.lkin and Nortrh Third Streetsere not opposed to this Councilman Melatrom made Cocila motion tea concur in the recommendation Planning Commission and deny the pesnmit. There was cond of the no second to this motion. Mayor Powell stated tedsthathat tho discuss would arrange a meeting in the near future the pEannin the to reach an iscuss mmatters similar to this r and with Council would try whereb..r the Planning Commission and y to work in harmony'also !n the future. the City CITY ADMINISTRATORS REPORT 1• A member of the Stillwater Librarrr Board called the City r and informed him that the Library'Soard anticipates after the CountyLibraryeteu Sandniiq e if t City Council wold willingetoivy theetleg set uinquiredlibrary purposes and also levylevy le P and this also tLan additional $1,80m_00 per 9a1 for for d andses be transferred to ryb and the elpedef fund and maintenance Costs.(This requestthe library opinion to Douville, former, beamed on 2pin19n rendered bydefray fuel and City Attorney, onoApril 25, 1959,) Mr• James On motion of Councilman Nolde, seconded by Councilman Mohler. decided to transfer $1,800.00 from the General for the year 1968 it was in the event that the need Fuld to the Library owed should arise for the money. On motion of Councilman Nolde, seconded by Council Administrator was directed to write* a letter to Caffert �° Melatrom the City Y. stating that the Council .o. County Cafferriatione. Pposes any cuts in County Libra, Don County Library 2. A request was received for a street light from Allen Meadowlark Drive -- location of this light Meadowlark Drive and MCKusick Lane. Butterfield, 1513 On motion of Councilman Nolde, secon.:ted by Councilman Wohlers this matter was referred to the City Administratoor fo r report and recommendation. 3. A memo from Fire Chief Cormier in reward to transfer of from the Fire Department to the Police De man wohlers, secondedDonald Staberg a nWohlby Councilman Mte r ,, thehet rad on motionwof Council- man starting salary of $495.00 2atrom transfer was a per mont::h. approved with 4. The matter of an ordinance regulating the parking previous nesting was a future meeting. Streets carried over from a of vehicles on Stillwater gain carried over to a 5. Memo from the Building Inspector in reeeard to a re Heinlein for replotting of an area request to v quest from John vacate a part of West Oak Sttreet. nest Oak Street and also a A preliminary plat accompanied the requnest and also the Planning Commission that the preli'miinar a stipulation thata recommendation from a blacktop all concrete curb, Y plat met with their approval P streets will be put in at ggexpen, aof t li nei, u ,Inc.with the .expense of the '�termains and Heinlein Co„ Inc. • • • • (Julys 11, 1967 - continued) • • On motion of Councilman Nolde, seconded byy Councilman Melstron, the preliminary plat was accepted and that thee recommendation of the PlanLany Commission in regard to this matter be £olllowr if and whin the final plat is submitted to the City Coure9i1 for the:- 11a meal. The Coutill deci led to 8=.,ceed with trine vacation of a part of West Cal Street upon the receipt of a propeerly executed petition as provided in Section 316 of the City Ctnarter. 6. The City Administrator explained that a Mr. Arnold Waldt, who lives alone has requested a sewer rental adttistnent from $7.00 to $5.00 per quarter. His previous bills amounted to $5.00 per quarter but apparently due to a leak during the months of Ocutober, November and December of 1966 water consumption amounted to $7.00 peer quarter. On motion of Councilman Nolde, secondeed by Councilman wohlers it was decided to grant Mr. Waldt's request and reduce his sewer rental charges for the year 1967 to $5.00 per quarter. 7. The Administrator read a copy of a lettter from the City Engineer addressed to the Northern States Powexr Co. requesting that the company do a better job of replacing the street surface after digging of holes and trenchs to do their necessary gas repairs, adjustments and extensions. 8. A memo from the City Engineer in whicl9 he suggested that the Council at their convenience make an inspecti.an of the various stairs thrbughbut the City because he felt that some woxa'k is necessary to put these stairs in somewhat better condition then the are at the present time. 9. A memo from the Building Inspector in regard to proposed fees when persons make application for special sand variance permit&. On motion of Councilman Nolde, seconded by Councilman Melstron it was decided to follow the recommendations of the Building Inspector and incorporate these fees into the ordinance covering permits and variances. 10. A memo from the Building Inspector informing the Council that he cancelled a special and non -conforming permit oxa July 8, 1967 which was issued to Gardy Thomas known as Gardy"s Tune -Up .Service, Permit No. 1388. 11. A request from Rodrick Lawson and Richard Olsen to pay the costs of demolition of an old building that ware condemned by the City Building Inspectorbe spread over a period of +three years plus 6% interest. After considerable discussion the Mayr r suggested that the Administrator and Building Inspector confer with thee City Attorney as to the legality of spreading the cost of this type of a .charge. 12. Memo from the Acting Chief of Police stating that Glen Karloske of the Pla nor lanes had inquired about hold:log eight dances at their place of business. In this memo the Acting Chsief of Police stated he had no objection to the holding of these datums and that he informed Mr. Karloske that he should come to the City Clerks's office and buy a permit before each dance. 13. A memo from the City Engineer in which he stated that he had checked several makes and models of used vehiicles for use by the City Engineer which was authorized by the Council con June 13, 1967 and that he would recommend that the City purchase a 19954 Dodge Dart from Bloom Motor Co. at a price of $995.00 and on motion oof Councilman Nolde, seconded by Councilman Wohlers the Engineer was autthorized to purchase a 1964 Dodge Dart from the Bloom Motor Co. at a price coif $995.00 and the Mayor and Clerk were authorized and directed to draw a warrant -check accordingly. 14. A memo from the City Engineer in regaatd to a complaint received from Louis Christofferson, 102 South Sixttn Street in connection with the Myrtle Street project. On motion of Councilman Nolde, seconded by Councilman Melztrom this matter was carried over to another meeting. 15. A memo from the City Engineer recommesnding that an area of approximately 30 feet East and West of the intersection of Fourth and Myrtle Streets be painted yellow on the South curbing of Myrtle to allow more space for maneuvering the fire department. .101 • • e (Jaly 111, 1967 - continued) 5 , e • On motion of Councilman Nolde, seconded Ii)y Councilman wohl.ers it was decided to follow the recommendations of the City Engineer. 16. A memo from Fire Chief Cormier informing the Council that the following three men passed the written examination Sor the position of fireman: 7. John Clarey 2. Robert Isker 3. Merrill Campeau The Fire Chief also stated that oral inteexviews were also conducted by the Mayor, City Administrator and himseltf and that it was the recommendation of the panel that the City Administrator recommend to the Council the hiring of John Clarey as a fire fighter. The Administrator then recommended that the Council hire John Clarey for thee position of fire fighter and on motion of Councilman Melstrom, seconded lfby Councilman Wohlers, John Clarey was hired as a City Fire Fighter effectivve July 16, 1967. (See Resolution). 17. Copy of a memo from Richard Blekum, City''s Recreation Supervisor terminating the employment of Gerald Janish and on motion of Councilman Nolde, seconded by Councilman Melstrom the Council concurrred in the action taken by Mr. Richard Blekum. 18. The City Administrator informed the Mayo=r and Council members that he had conferred with the City Engineer this A. I4. in regard to the status of the street program for the year 1967. 1. South Sixth Street -- field work and plans completed. 2. Brick Street -- field work comaleted -- storm sewer not included. 3. Echo Lane -- field work compleeted -- storm sewer not included. 4. Linden Street -- field work belling done at present time. 5. Orleans Street -- field work wii11 start next week and the City Administrator will meet with Mrs. J. E. Slaughter, member of the cemetery board to discuss the natter of acquiring about 22 feet of cemetery property in connecttion with the Orleans Street project. The Administrator also reported that Mr. John Shelton, assistant to the engineer will be working at the sewage plant tfor the next two weeks to fill in for regular plant operators who will be on vacatieom, and that John Clarey, assistant to the City Engineer will be transferred to tine Fire Department which will slow down the engineer on the foregoing mentioned rerojects and that the estimated date for completion for the five projects including plans and specifications will be about September 1, 1967. The City Administrator stated that after carefful consideration that he would like to make the following recommendation to tthe Council that the City Engineer be authorized to make inquiries and along witfh the administrator interview applicants for the position of draftsmen and tthat a draftsman should be hired as soon as possible so that street improvements oean be conducted on a scheduled annual basis and also that the draftsman be trrained so that he will be able to replace Mr. John Shelton after the City has coompleted the Secondary stage of the .,� present sewage treatment plant. The Administrator suggested that if and when :a draftsman is hired that his salary be charged to the various street projeocts that he would work on because of the deficit in the General Fund he felt tha.at every effort should be made to cut the expense of the General Fund for the ba,alance of the year 1967. He also stated that it would be advisable to Ihire two rodmen to work with the engineer in the field and during the off seaseon the rodmen could be working in the Street Department and the salary while worr&ing on street projects would be charged to the various projects. • • • (July' LL, 1967 - continued) r • • 19. The Administrator then discussed with time Mayor and the Council members in detail the financial report afar the month of June, 1967 and pointed out to the Council members tthat there was a deficit in the General Fund amounting to $176,7I19.33; a deficit in the Civil Defense of $70.50; a deficit in the Parkling Fund of $730.62; a deficit in the Parking Facilities fund -of $4,4004.78; a deficit in the Flood Control fund of $507.82: a deficit in thle Refunding Bonds of 1963 Fund of $617.50; a deficit in the Refunending Bonds of 1965 Fund of $49,597.00: and a deficit in the Local :Improvement Fund of $132,570.64. The Administrator also informed the Couuacil that the May tax settlement has not been received from the County Treasurer's office and he also remindedthe Council that Section 174 of`. the Charter which was amended reads in part as follows: "If upon the monthly reports of the Cit:_y Treasurer it shall appear that the current expenses for the portion of: the fiscal year covered thereby have erceeded the estimates upon which the tax levy was therefor based, or that the revenues of the City are li",kely to fall short of their estimated amount at the time of making such tax levy, the Council shall, within a reasonable time, proceed t peeduce the current expenses of the City and for that purpose may dimin-hhae amount of service for street lighting, reduce the force or number of_ men employed in the several departments of the City, and when necesaeary for the proper reduction of such expenses may reduce the salariees, or compensation of all officials and -persons employed by the City as saii0 Council may deem expedient." 20. Mr. Lowell Plaster, an officer of the Eagles Lodge stopped at the Administrators office, July loth and ex;:plained that the Eagles Lodge planned to stage a show known as Tommy •Scott's Hollywood Hillbilly & International Singers, Sharp Shooting poLus circus acts and perfornir. animals at the Stillwater Armory and theat the Administrator would like to suggest that this matter be checked by the City Attorney to determine the type of permit and fee to be charged! for a production such as this. 21. The Administrator reported that Mr. Reuben Jacobson, the Parking Meter maintenance man has satisfactorily compoleted a course of instruction in the maintenance and repair of our parking masters. The school was sponsored by the Parking Meter Co. 22. Memo from the Planning and Zoning Commiission that read in part as follows: It is the recommendation of the Planning Commission that North Brick Street be changed to Birchwood Drive North or North Birchwood Drive. (A petition was signed by the citizens re -sliding on North Brick Street requesting the name change and when the petition was presented to the Council, the Council ordered it referred to the Planning Commission for their recommendation.) 23. The Administrator stated that Mayor Powell requested that the Adminis- trator report to the Council at this tiles? that Karl Schmoeckel has again offered to sell property that he owns an South Greeley Street on the East shore of Lily Lake and that Mr. Schmoeockel would like to sell of the land that he owns in this area,,blit 297 lineal feet, and that he is asking $16,500 for the property if he pays thee 1966 taxes payable in 1967 or $15,'00 if 'the City abate the taxes and that MNr. Schmoeckel would be willing to Bell this poperty on Contract of Deed or a mortgage deed with annual installments of $2,000 or $3,000 per wear without interest. The Mayor and Council Members felt thmt Mr. Schmoeckel should be contacted and invited to come to the next meeting of the Council and the Mayor also suggested that the RecreatidonaL Director be asked to view this property with a recommendation ass to whether or not he feels the City should acquire this land. 24. The Administrator read a letter from r!Mrs. Carol Peterson addressed to the Mayor and Council in which she started it was a pleasure to work for the Mayor and Council. e • • (July 11., L967 - continued) • • 25. The Administrator informed the Mayor and Council members that the preliminary report on Sewage and Waste Trreatment Plant Expansion and Improvements has been completed and the rreport has been delivered to his office and that he and Mr. Bannister would like to suggest that the Council read this report and then meet width Mr. Bannister next Tuesday for the purpose of a detailed explanationo of this report and also to give the Council Members an opportunity to as3!k any questions they have in regard to the report. 26. The Administrator stated that Lester G. 2Schlickling, Post Captain of the Twin City Barge 6 St. Croix Towing Coorp. stopped at his office today and requested permission to dock his taw, boat at the landing in Lowell Park on the following dates: July 14th 11:00 A. M. July 18th 11:00 A. M. July 20th 11:00 A. M. July 22nd 2 to 8 P. 141, July 25th 11:00 A. M. July 28th man 11:00 A. M. On motion of Council/Melstrom and secondded by Councilman Nolde this request was granted. 27. Memo from the City Engineer in regard too a request from Ray R. Wentzel, West Linden Street for chloride treatment on West Linden Street. On motion of Councilman Nolde, seconded `.by Councilman Wohlers it was decided that in cases where petitions halve been received for street improvements to be done during the year L967 and for some reason or another have not been done at this time mr probably will not be completed this year, and only in these cases will the City furnish and apply a Chloride treatment in cases of gravel surfaces. This treatment will be a temporary relief from the dust problem. 28. On motion of Councilman Nolde, seconded by Councilman Melstrom the following change of vehicles to be operated by the Carlson Cab Co. were approved. Old cars --Two (2) 1962 Chevrolets -- License Nos. 42G703 and 4ZF 882 New Cars YEAR MARE MODEL SERIAL LICENSE # 1963 Checker A-11--L 28637482 4ZM-350 1963 Checker A-11--L 26238697 4ZM-349 NEW BUSINESS This was the day and time set for a Public Meearing on a request from the officers of the Cosmopolitan State Bank of. Stillwater to construct a new building to house the activities of the Cosmoppolitan State Bank and the Stillwater Insurance Agency. The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published, and the Clerk infoormed the Council that the notice for hearing was published in the Stillwater IBveming Gazette, official newspaper of the City, on June 29, 1967. The Mayor opened the hearing and stated that. all persons desiring to be heard to said variance and related proposal in conaaection with the request for a permit will be heard at this time. No one appeare.:f for or against issuance of a special permit to construct the proposed :building as outlined above. The Mayor then closed the hearing and on motion oo£ Councilman Nolde, seconded by Councilman Melstrom a variance permit to connetruct a building to house the activities of the Cosmopolitan State Bank aned the Stillwater Insurance Agency was approved. • • (Jul:., 11. 1967 - continued) �.. • On motion of Councilman Melstrom, seconded boy Councilman Wohlers the Building Inspector was authorized to proceedB with the matter of demolishing a building owned by Leighton Charlsen, Seeleey Street. The Building Inspector reported that all the necessary etzeps had been taken up to this point and the owner has been duly notified. ORDINANCES NONE RESOIIPrIONS The following resolutions were read and on roll call unanimously adopted. 1. Directing the Payment of Bills. 2. Employment of John Clarey 3. Name Change of North Brick Street. 4. Employment of Donald Staberg On motion of Councilman Nolde, seconded by Coonncilman Wohlers the meeting adjourned at 11:00 P. M. Mayor City Clerk L,i e • COUNCIL CHAMBERS Stillwater, Minnesota SPECIAL MEETING July 114, 1967 10:30 A. M. Meeting called to order by President PowelI]. Present: Councilmen Melstrom, Nolde, Petemeon, wohlers, President Powell, City Administrator, City Attorney Absent: None The meeting was called because City officiaels were notified by Mr. Lyle Eckberg, attorney for Stillwater Township ant 9:00 A. M. this morning that the Stillwater Township Board at a meeting held on July 13, 1967 in the evening decided to revoke a permit that hada been issued by them to Mr. Leighton Charisen which permit allowed him to operate a dump in Stillwater Township. This dump was also used by the ceitizens of Stillwater. After several hours of discussion, on motion of Councilman Wohlers, seconded by Councilman Melstrom it was decioded to engage the services of Bel Air, Inc. owned by Charlie Johnson near Willnerie and these services would be used as follows: Mr. Johnson will park a large compactor:: truck in the entrance of the abandoned Stillwater City Dump tee receive all garbage that persons would ..haul there on Saturday from the hours of 8:00 A. M. to 5:00 P. M. and that he ws311 also furnish another truck that will also be parked there for any heavy metal objects to be hauled away by this vehicle. Thee Council considered this matter an emergency and, therefore, it was necessary to take steps to provide dumping facilities for the citizens of Stillwater. on motion of Councilman Peterson, seconded bop Councilman Nolde the meeting adjourned at 3:30 P. M. Mayor ATTEST: / City Clerk • • • COUNCIL CHAMBER STILLWATER, MINNESOTA REGULAR MEETING The meeting was called to order by President Powell. July 18,., 1967 7:30 P. M. Opening prayer by City Administrator. Present: Councilmen Melstrom, Nolde, Peteseson, and wohlers, President Powell Absent: None Also present: City Administrator, Acting Chief of Police, Fire Chief, City Engineer APPLICATIONS On motion of Councilman Nolde, seconded by" Councilman Peterson a license for three pool tables was granted to Ralph, Otte (Happy's Harbor), 517 North Owen Street. From the Christian Record Braille Foundatioon for a permit to solicit funds in the business district. On motion of Councilman Nolde, seconded by Councilman Peterson a permit was granted to the Christian Record Braille' Pund to solicit funds in the business district. (Councilman Melstrom vested "no" on this motion). COMMUNICATIONS 1. The minutes of the July llth meeting at the Planning a Advisory Commission of Washington County were presented. 2. From the Northern States Power Co. thaenking the city officials and employees for their cooperation duringg and after the June 30th windstorm. 3. From Robert M. Johnson, Assistant Executive Director Minnesota Good Roads, Inc. announcing a meeting of the, organization to be held on Monday, July 24th at 8 P. M. DELEGATIONS Mr.George Muller and his son, Richard Mullesr. appeared before the Council and suggested chat the City Council considesr the renewal of a lease with the Northern Pacific Railway. Company for property including and in the general area of Mulberry Point. They stated that if the railway company sees fit to prohibit the parking of vehicles in this area that this could be quite a loss to Stillwater in the way of business. and they felt that this would be money wisely spent to promote our communsLty. The Council members informed the Mullers that the reason for the cancellation of this lease was due to the limited funds . in the General Fund and Parking Facilities Fund and furthermore that consid.hrable parking spaces have been produced by the off-street parking lots connetructed within the past few years. (No action was taken in regard to tthis matter). Visitors at this Meeting --Mr. Ardelle Rude, Mr, Richard Muller, Mr. George Muller and Mr. Norman Webb. PETITIONS From the Rockdale Industries for a special permit to conduct a business at Wilkin and Third Streets (An electronic device to light band stands). • e (July 18., 1967 - continued) 11 e e Councilman Nolde moved, seconded by Councilman Wohlers that a special permit be granted to the Rockdale Industries with as stipulation that they do not enlarge the building at Wilkin and Third Strreets. The Mayor then called for a vote on this motion with the following remelts: Councilman Nolde and Councilman Wohlerss were in favor Councilman Peterson and Councilman Melsatrom were opposed. The Mayor did not vote on this motion. Councilman Melstrom then moved to amend the motion to read subject to approval of the Planning Commission and there was no second to Councilman Melstrom's motion. Then Mayor Powell suggested that this matter. be discussed at an informal meeting on Tuesday, July 25th. During the discussion of the Rockdale Industtries request for a special permit the City Administrator raade reference to the° City Charter. One of the members of the City Council then inquired if there "mere any copies of the City Charter available and the Administrator informed him that to the best of his knowledge there were no copies of the Charter availablle to be handed out to the Council members. Then on motion of Councilman Nolde, seconded9 by Councilman Melstrom the City Administrator was authorized and directed too have 25 copies of the Charter of the City of Stillwater printed for distribut_ton to Cpuncil members and appointed city officials. (Councilman Peterson was opposed). CITY ADMINISTRATORS REPORT 1. Memo from the Fire Chief recommending that promotional examinations for the position of Lieutenant in the Fire Department be conducted as soon as possible. The Examination to be given by a disinterested fire chief and that the requirements and rules to take this examination be to be set up between City Administrator and the Fire Chief. On motion of Councilman Nolde, seconded by Councilman Peterson the recommend; ions of the fire chief were approved. 2. Memo from the Fire Chief recommending tzhe following persons for membership in the Stillwater Volunteer Fire Department: Donald Junker, 1717 West Pine Streeet. Richard Berrisford, 209 North mind Street David Pauley, 1111 South Second St/meet Paul Liberty, 316 North William Stfreet On motion of Councilman Nolde, seconded] by Councilman Wohlers the foregoing persons were appointed volunteer firemen. 3. A memo in reply to the Administrator's memo from V. K. Gedatus stated that he had contacted Tom Hudson of the Stililwater Bakery and that it will be necessary to remove one meter on the South Side of Chestnut Street where it intersects with Main Street. 4. Memo from V. K. Gedatus, acting Chief of Police, in reply to the Administrator's memo in which he stated that he was unasble to contact Mr. McNeil, executive president of the Stillwater Area Chamber of Commerce to inquire of him why the request for "no parking" on North Second Street from Commercial was raade and by whom. 5. Memo from V. K. Gedatus in reply to the Administrator's memo in which he stated that all Police officers were told to stop and warn or tag all noisy mufflers that they hear while on PatIoll. • • 12 (Junky 18, 1967 - continued) • • UNFINISHED BUSINESS Mr. A. W. Banister of the Banister Engineeriing Co. appeared before the Council and gave a detailed explanation of a, prepared report of waste treatment plant expansion and improvements. Mr. Banister suggested that the council authorize the installation of flow meters at the pumping stations because he felt that the present meters weree not accurate and were showing a low reading. He also stated that an appli..eation for a federal grant in connection with the expansion of the present- treatment plant can be submitted at any tine but that in his opinion a grant vwould not be forthercoming until after July of 1968. He also stated that he odid not feel the City should order working plans and specifications at this time.. After considerable discussion about the varicsus plans for expansion contained in the report Mr. Banister and Mr. Ehlinger, City Engineer, both favored Plan 8-1 and on motion of Councilman Nolde, .seconded by Councilman Peterson, the Council concurred with the Engineer and Pilen 8-1 outlined in the report was approved and accepted. Mr. Ozzie Springsted of Springsted, Inc., thee City's Bond Consultant, was also present by invitation from Mr. Banister and on motion of Councilman Nolde, seconded by Councilman Peterson the corssultant engineer and the City's Bond Consultant were directed to prepare a repport and a recommendation to the Council for the financing of the expansion prruj ect and also fix a reasonable charge for Oak Park Heights in the event that they will request a connection to our sewage treatment facilities. Mayor Powell stated that Karl Schmoeckel has aggreed to sell a piece of property to the City that he owns on Greeley 58treet on the East shore of Lily Lake about 279 feet abutting on Greeley Satreet and that the asking price for this property was about $15,800.00. After considerable discussion the Council membmere agreed that the Administrator should meet with Mr. Schmoeckel and the City AAttorney for the purpose of deter- mining how the City should acquire this propertty by a Contract for Deed or a straight mortgage and how many years a city cars contract to purchase the installment plan. Also if the seller should clear the title or if the City Attorney could do this and the seller would theen reduce his price accordingly and also inquire of the City Attorney if an appraisal is necessary before the property is purchased and if the City can make application to abate the taxes that were due on May 31, 1967. NEW BUSINESS On motion of Councilman Nolde, seconded by Coumcilman Melstrom the Building Inspector's Report covering the month of June, t967 was approved and ordered filed. The matter of annexing land so that the City lifeits would eventually be extended to Highway #212 was again brought to tl:ke Council's attention by the City Administrator. All concerned were awax.re of the fact that unless the City proceeds with this annexation the City of Stillwater would not have a voice in any further annexations by Oak Park Heights and that there is a possibility that Oak Park Heights might some day in the future encircle the City of Stillwater by piece meal annexations. On motion of Councilman Nolde, seconded by Councilman wohiers the City nettorney was directed to investi- gate the possibility of annexing land so the Citfy of Stillwater will abutt Oak Park Heights along Highway 212. On motion of Councilman Nolde, seconded by Councclman wohiers the rural fire contract covering the Township of Grant wase approved and ordered filed. On notion of Councilman Nolde, seconded by Councilman Peterson the contract between the City and Diversified Erectors, Inc. ±for the construction of a pre-engineered steel building for the Legion BeaoeL was approved and )rdered filed. • • • • • (July 118, 1967 - continued) On motion of Councilman Nolde, seconded by Councilman Peterson the contract between the City of Stillwater and the AMNe1 Newman Heating & Plumbing Co. for construction of watermain in North Owen Street known as Local Improvement #65 and #66, 1967 was approved and ordered filed. On motion of Councilman Nolde, seconded by Councilman Peterson Certificate of Insurance covering Policy PMV-5348867V insuring Norman E. Webb DMA as Carlson Taxi at 233 South Main Street walls approved and ordered filed. On motion of Councilman Nolde, seconded -by Councilman Melstrom the Council approved the hiring of Mr. Charles Johnsoan to haul and dispose of garbage on July 15, 1967 and also the hiring of :Sherman Gordon to haul and dispose of garbage on July 18, 1967 and until thee dump prbblem is solved. Mr. Gordon was instructed to improve the old City Dumpsite so same can be used by the public and to do whatever is necessary too provide suitable conditions to take care of City Dump problems until further notice. Lystads Exterminators report that garbagee is being dumped in a ravine on Second and Hazel Streets. This situation existed before the dump was closed. On motion of Councilman Peterson, secondesd by Councilman Mohler° the following collateral which is to insure the city's deposits in the First National Bank were approved and ordered filed: Securities pledged Banks for Cooperaetives 4.30% due November 1, 1967 -- Par value $100,000.00. Securities removed from Pledge Feder::c1 Inter -mediate Credit Banks 5.95% due August 1, 1967 -- Par Values $100,000.00. Securities pledged Bank for Coops 4.:3O% due November 1, 1967 -- $100,000.00. Securities removed from Pledge Federal Land Banks 4.75% to August 21, 1967. Par value --$100,00(1.00 ORDINANCES On motion of Councilman Peterson, seconded8 by Councilman Molders the Clerk made the first reading of an ordinance to amendf ordinance to prevent riots, noise, disturbances and disorderly assemblages ins the City of Stillwater. (Councilman Nolde voted "no"). On motion of Councilman Peterson, seconded) by Councilman Melstrom that we have the second reading of "An Ordinance Repealitng Certain Old or Obsolete Ordinances". The Ordinance was read section by section :followed by roll call and all members voted in the affirmative. The chair then put the question, "Shall th_Is ordinance pass?", and upon roll call the ordinance was unanimously adopted.. On motion of Councilman Melstrom, s,c; nded by Councilman Nolde the clerk made the second reading of Section 8, Subdi,isiam 4 of an ordinance relating to Dutch Elm Disease. (That all other sections of this ordinance were read and voted on at a meeting held on June 13, 19670). After the reading of Section 8, the Mamyor asked for roll call and all members voted in the affirmative. The chair then put the question, "shall! this ordinance pass?" and upon roll call it was unanimously adopted. RESOLUTIONS NONE On motion of Councilman Nolde, seconded by - Councilman Wohlers the meeting adjourned at 11:50 P. M. Attest: -71 Mayor 13 • • 14 • • COUNCIL CHAMBERS August 8, 1967 7:30 P. M. Stillwater, Minnesota Regular Meeting Meeting called to order by President Powell Opening Prayer by the City Administrator Present: Councilmen Melstrom, Nolde, Peterson, Wohlers and President Powell Absents None Also Present: City Administrator, Bldg. Inspector, Fire Chief, Acting Chief of Police, City Attorney, City Eangineer Vince Hinman George Kutz David B3sibert Visitors: Dave McNeil Ardelle Rude Sherman Gordon APPROVAL OP MINUTES On motion of Councilman Nolde, seconded by Councilman Wohlers the following minutes were approved: July 11, 1967 7:30 P. M. Regular Meeting July 14, 1967 10:30 A. M. Regular Meeting July 18, 1967 7:30 P. M. Regular Meeting soor.nCETIONS From Ralph Milberg, 1112 Sixth Avenue Sovth Poor 3.2 "On Sale" Beer license was presented but on account of being in the rceeidental district was automatically curried to the next regular meetzLng o2 the Council in September. From Ralph Milberg. 1112 Sixth Avenue South fen 3.2 "Off Sale" Beer license was presented but on account of being in the nesidental district was auto- matically carried to the next regular meeting of the Council in September. On motion of Councilman Nolde, seconded by Cou ncilma11 Wohlers West al cigarette license was granted to Ardelle Rude (Maple Manor). Avenue. (5 months). On motion of Councilman Nolde, seconded by Councilman Peterson the application from George Bergstreesen, 1801 Pack Avenue. Minneapolis for a popcorn wagon license was rescinded. (PermmLssion wastas granr dponse.) on July 6, 1967 and application was mailed June 1, murmUNICATIONS Letter from McCree & Co., 1145 West 7th Street, St. Paul regarding the concrete paving on Myrtle and Pine Streets. From the League of Minnesota Municipalities, :ttMinneapolis olissregl ding8. g Membership dues beginning September 1, 1967 From Banister Engineering Co. regarding the IP Lan B-1 1 SecandarlaSery wage treatment Plant and including a copy of a report Expansion and addition of secondary TreatsnenlL at Stillwater. 1 • • e • e (Aug ivat S. 1967 - continued) From Harold LeVander and Minnesota Safety C:ouncil in reference to the Pedestrian Safety Citation Award. It was the Council's decision that we - Gave the presentation made to the Acting Chief of Police and it would be made at the September 19th Council Meeting. The School Police were to be inviited along with their advisors or principals and the president of the Area Chamber of Commerce. From Gausman 6 Moore, Inc., St. Paul in reference to water treatment report on the water condition in the hearing systecn in the Municipal Building. From the Public Service Commission of the S-state of Minnesota in reference to change of time tables for the railroad serv"ice. A meeting to be held on September 12th at 10 o'clock at the State OIEEice Building. Councilman Nolde volunteered to attend this hearing. Letter from James Lammers regarding the trespass claim to the Stillwater Auditorim Co. in the amount of $599.51 and :also the claim from Paul Liberty. In reference to the Stillwater Auditoriim claim there is some question as to whether or not the city is completely at fault as their own lines were faulty and defective. (No action taken -- CCity Attorney was to check this matter out). In reference to the Paul Liberty case ".zbe City Engineer was instructed to check this out and determine whether or not the City is liable in this instance. The claim from the First Church of Christ regarding the removal of a tree that was damaged in a recent storm. This matter was carried over to a future meeting. DELEGATIONS OR INDIVIDUALS Dave McNeil, manager of the Area Chamber of Commerce, informed Mayor Powell that they took in $120.00 on the "Dunker's TTank". Mr. McNeil informed the Council Members the= September Loth will be St. Croix Valley Day at the Met for the Vikings Game. Tickets are available and there are also group tickets available. The publiioity has been very excellent. Mr. McNeil read a letter from Mrs. Nell Palmer requesting that the City conduct a special election for the purpose of deteramtning whether liquor should be sold in the City on Sundays. Mr. McNeil urged thnat the City take immediate steps to hold this election. On motion of Councilman Nolde, seconded by Councilman Peterson that the City take the necessary steps for the sale of liquor on Sunday and to have the election as soon as possible% PETITIONS On motion of Councilman Nolde, seconded by C.:ouncilman Wohlers the special permit was granted to the Rockdale Industries following the recommendations of the Planning and Zoning Commission, thru December 31, 1960. CITY ADMINISTRATORS REPORT 1. Memo from the City Engineer with the foltlowing request: 1. :. proposed starting salary and raisess for a full time draftsman - surveyor for the engineering departmeemt. The Engineer suggested a starting senaary of not less than $475.00 per month and possibly as high as $5.550.00. We would advertise locally and in the St. Paul papers for an exeperienced draftsman. 15 • 16 • (August 8, 1967 - continued) • On motion of Councilman Nolde, seconded ay Councilman Peterson that we advertise for an experienced draftsman qualified to come in to do the job and get it donee. 2. Type of surfaces that the City wishes to have on the various streets that are now in the plannting stage. After considerable discussion, on motion of Councilman Patterson, seconded by Councilman Melstrom that we do the entire project with bituminous surface with concrete curb and gutters. 3. The City Engineer requested some °direction from the Council so fax as storm sewers are concerned in °connection with the proposed new street program -- Echo Lane, West Linden Street, Birchwood Lrive North. The engineer's memo indicated that the State Board of Health would insist that the Council separate the storm water from sanitary sewers in new installations such aes this. The engineer also indicated that he felt part of the storm water from this area should be drained into MoKusick Lake and part of thee water diverted inbproperty dedicated to the City on the Radle Re-Arrangpement and on motion of Councilman Peterson, seconded by Councilman Wvohlers the engineer was then instructed to proceed as snggestedl by him. 4. On motion of Councilman Nolda, secconded by Councilman Melstrom that we follow the recommendations of tMe City Engineer and hire a man to replace Mr. Elliott (one with a chauffe:u'n license). 5. 0n motion of Councilman Nolde, seconded by Councilman Wohlers that we table the hiring of a new employyee for the Waste Treatment plant until after the first of the year. 6. To hire two men as street crew aid then use them as rodmen -- would be neeeded October 1st to 15th whent temporary help will be leaving and they will begin work of staking on tthe street projects. (no action taken due to Mr. Kutz's interventiomi at this time). 7. The City Engineer asked that a deciesior be made as to the width of Orleans Street from South Fourth Sheet to South Harriet Street: On motion of Councilman Peterson, seconded by Councilman Melstrom that the City Administrator set up aeon appointment for a meeting with the Fairview Cemetery Board on the ratter of acquiring property so that the engineering department can _proceed with the work on West Orleans Street. 2. A memo from the City Engineer informing tthe Council that the condition of the 1960 Pickup that is used by Mr. Hsagen, the street superintendent, is in bad condition and that in his opisaon it does not warrant the extensive repairs that are involved. On motion of Councilman Nolde, seconded by Councilman Peterson the City Engineer was directed to draw specifications and the City Administrator/ was directed to advertise for bids on a pickup truck to be used in the Sewage Disposal Plant. 3. Memo from the City Engineer regarding the removing the silt buildup at the end of Lily Lake and Nelson Street. On motion of Councilman Nolde, seconded by Councilman Peterson thnat this matter be carried over until spring. on motion of Councilman Nolde, seconded by Councilman Peterson that we contact the Corp. of Engineers to dredge tthe channel of the St. Croix River and the area along Nelson Street. 4. Memo from the Fire Chief regarding thy- resignation of David Pauley as Volunteer Firefighter. On motion of Councsilman Nolde, seconded by Councilman Peterson this resignation was accepted. 5. A letter was read from the Banister Engineeering Co. and also a report in regard to the scaling of a portion of Myrtle Street. This report was reviewed at a joint meeting between thee City Administrator, Attorney, Engineer and W. D. Elliott of Banister Engineering Co., The City's consultant. On motion of Councilman Nolde,, seconded by Ccuncilman Peterson it was decided to follow the reconmmendations of the consulting engineer in regard to this matter. • • (Augemet 8, 1967 - continued) 1:7 • e 6. The City Administrator read a letter addxlressed to the City Council and signed by him in regard to a meeting that was held on July 18, 1967 in his office along with the follow:tng persons: The City Engineer The City Attorney William Banister of the Banister Engineering Co. Mr. Oxman Springsted of Springst,.ed, Inc., the City's Bond consultant This meeting was held for the purpose of`. determining a schedule or rates and charges which the City of Stillwater -might levy against adjacent units of government for treating the sewage anet waste which they might cause to discharge to the Stillwater Sewage Plant:, The administrator also read a report known as 'Basis of Rates and Chareees to be charged by the City of Stillwater to Adjoining Units of Government." The administrator also reported to, the Council that it is rumoreed that the Village of Oak Park Heights are now in the process of takings the necessary steps to construct their own sewage treatment plant. 7. The Administrator gave the progress repo:.rt on the following street improves nts: Brick Street South Sixth Street West Orleans Street Echo Lane West Linden Street According to the City Engineer as of todaay preliminary costs and other information will be available so that thee City Council could hold a special hearing on the foregoing street improvements on September 12, 1967 and plans and specifications will be completed so that bids can be returnable on October 10, 1967. 8. The City Administrator inquired what the Mayor and Council members wish to do about the City's insurance coverage and oom motion of Councilman Peterson, seconded by Councilman Nolde the City Administrator was directed not advertise for bids for the city's liability insurarmce and compensation insurance but that he should endeavor to arrange for specifications on the insurance coverage and then contact all local full—time insurance agents and ask them to submit proposals to the City for package insurance if possible. (Package Insurance to consist of fire and extendedd coverage and all other insurance carried by the city with the exception oflf compensation insurance). 9. Sheriff Reuben Granquist stopped at the City Administrator's office and informed him that he felt that the City sabould purchase riot helmets and riots sticks in case an emergency riot sfhould occur. On motion of Council- man Nolde, seconded by Councilman wohlerss the Acting Chief of Police was instructed to purchase ten (10) riot helmets and 10 riot sticks for the police force. 10. The Administrator informed the Council members that the City received a petition to intervene by the Township of Stillwater. The intervention petition was signed by Lyle J. Eckberg, attorney for Stillwater Township (Charlsen property). The Administrator alio stated he was in contact with the Municipal Commission as of today and that a hearinos will be scheduled soon in regard to the petition submitted by Leigetten Charlsen for annexation to the City of Stillwater. 11. The Administrator informed the Council members that the City received a petition from Stillwater Township to intervene in the annexation of property owned by Richard J. and Judith M. Anderson and that the same procedure will be followed in the case eel the Charlsen property. 12. A request from John Heinlein for a small otiice in his new apartment building op West Myrtle Street for the purpose of handling rentals and other items pertaining to the apartment rind other business was read. On motion of Councilman Peterson, seconded by Councilman Nolde this item was referred to the Planning am8 Zoning Commission. • (Augu:.:t 8, 1967 - continued) • • 13. The Administrator stated that if the Council is still interested in housing for the elderly then it will be necessary to pass a Minimum Housing Code and that it has been suggested that the City adopt the Minneapolis code and delete certain sectioons which do not apply to the City of Stillwater and that the Code umust be adopted by reference before September 1, 1967. (Suggested by oCerny & Associates, Inc.). The Building Inspector then spoke up and .stated that the City of Stillwater has ordinances that would cover the Minimum Housing Code and therefore it would not be necessary fEor the City to pass a Minimum Housing Code. On motion of Councilman Peterson, secondeed by Councilman Wohlers the Building Inspector was directed to check what is required in the way of a code to proceed in the program of housing; for the elderly and report at the next meeting of the Council. 14. The City Administrator requested Council approval of the investments made on August 1, 1967. These investmentte were made from the proceeds of the sale of $350,000 Street Constructiuon & Equipment Bonds of 1967: 1. Time Savings Certificate - Intereest 41/2% First National Sank of Stillwater, Minnesota $242,173.24 2. U. 5. Treasury Bills - Interest 44.92% to $10®, 922.96 4-22-68 Total $351,096.20 On motion of Councilman Melstrom, seconded by Councilman Peterson the investments as listed above were approved. 15. The Administrator informed the Council that the City has received a petition from the Village of Oak Park Heiights for a 20 foot permanent sanitary sewer easement and a 60 foot temporary coonstruction easement on the following lots owned by the City ofStill-.cater in Oak Park Heights: Lots 7, 9 and 11 in Beach's Addition On motion of Councilman Peterson, seconded by Councilman Wohlers it was decided that the Council would view tthese lots on Thursday, October 10, 1967 at 10:00 A. M. Mr. James Lammers, Attorney for Oak Park: Heights, stated that the Village would be willing to purchase the lots frro.m the City of Stillwater at a reasonable price. 16. The Administrator informed the Council ghat it is rumored that the new County Office Building located in the Ci.ty of Stillwater near Highway 212 will be connected to the Oak Park Heights Sewer System and the Administrator also reminded the Council that plans and9 specifications for a sewer to serve this building by the City of Stiliiwater have been completed by the Banister Engineering Co. and that the Baenister Engineering Company has been paid for this work and that the Citry is in a position to advertise for bids for the doing of the work penciling permission from the Oak Park Heights Village Council which would alloow the City of Stillwater to construct a sewer in Hazel Street. The reason that permission was not granted Oak Park Heights insisted that he City pay a share toward the storm water drainage problem in the general area and the Administrator reminded the Council that appropriate action had been taken to pay its share as determined by the County Engineer to correct the storm water draiaage problem in the area South of tlthe Oak Park School. The Administrator also stated that he hed been informed that Carl Erickson, the County Engineer, has conferred with Mr. Bonestroo, con- sulting engineer for Oak Park Heights, aas to the cost to connect the new county building to the Oak Park Heigghts sewer system. The Administrator then asked for some diirection in regard to this report and on motion of Councilman Peterson, seconded by Councilman Melstrom the Administrator was directed to contact Coounty Commissioner Cafferty and the County Engineer, Carl Erickson, and ask them to appear at the next meeting of the Council. • • • • (August a, 1967 - continued) 19 17. The City Administrator suggested that: the Council give considerable thought and direction to the proper oo Eicials of the City and have these officials make an effort to try, and stop any further annexations of land which might in time ring the ,eity by other municipalities and if this should come to pass, the City, would probably be what is commonly known as a "core city" furnishing ser "-ices to other municipalities and have a very restricted tax base. 18. The Administrator stated that in his opinion the dump situation has become a real problem for the City Co encil and an inconvenience to she citizens of Stillwater and that it might be deemed an emergency and that the Council should probably take appreepriate steps to cope with the situation as it exists. On motion of Councilman Peterson, seconnded by Councilman Melstrom a resolution was introduced declaring the Dump situation an emegency. 19. The Administrator informed the Counci..L members that the property owners residing around MCKusick Lake have inntuired about the council's position in regard to completion of the dam at. the North end of McKissick Lake at an estimated cost of $2,500 to $3,000.1. 20. A memo from the Acting Chief of Polices, V. K. Gedatus, suggesting that the council approve an increase in cosepensation for officer Ronald Johnson to $520.00 per month because he has completed two years of continuous service. On motion of Councilman Nnlede, Seconded by Councilman Melstrom Patrolman Ronald Johnson's salary was increased to $520.00 per month as of August 1; 1967. 21. A memo from the Acting Chief of Police, V. K. Gedatus, informing the council that Officer Donald Staberg, htas completed two years of service in the Fire Department of the City and thathe was recently transferred to the Police Department and that theme was an agreement between the Chief and Mr. Staberg at that time that he should receive $495.00 per month because cf previous experience asnd is he to remain at $495.00 for two years or does the council feel he should be compensated at $520.00 per month. On motion of Councilman Nmlde, sedonded by Councilman Wohlers it was decided to folio:, the recommeneeation of the former Chief of Police Roepke. 22. The administrator informed the Councill that he has received notice from the State Labor Conciliator's office that another conference is scheduled on the .:impute of the Stillwater Publiic Cafety Association on Friday, August 25, 1967 at 10:30 A. M. 21. The Administrator presented the Mayor and each councilman with a Minnesota On -Street narking Committee Revenue respoxt for the year 1966 as prepared by Don Berated Company. 24. The Administrator informed the councill members that Lots 2 thru 6, Block 2 in Staples and May Addition, commonly known as Staples Field has forfeited to the State of Minnesotzn and will be offered for public sale in October and that he would likes. the council to direct him to make application to the County of Washingtoon for the conveyance of this tax forfeited land to the City of Stillwat:er for recreational purposes. On motion of Councilman Nolde, seconded bay Councilman Peterson the Adminirtrator was directed to make application to tine County to have this land conveyed to the City of Stillwater for recreationa,L purposes. 25. The Administrator reminded the Council. members of the dump problem and that it might be advisable to try to resolvee this problem as soon as possible. The City Attorney was then asked if thee City of Stillwater could legally mai.etain a dump in Stillwater Township. and he answered this question in the affirmative. Then after considerable discussion, on motion of Councilman Nclde, seconded by Councilman Peterson it was decided tto reopen the old City Dump and use same for controlled dumping. (see resoolutionl. • kis • (August a, u:eo • • On motion of Councilman Nolde, seconded by• Councilman Peterson it was decided to meet with the Board of County C.o.nmissioners and try to convince the Board that dumps are a county wide problem and, therefore, should be maintained and controlled by Wasdsington County. 26. The City Administrator called the Councils attention to the financial condition of the City and especially the Goeneral Fund which showed a substantial deficit. He informed the Courncil that according to the City Charter, in the event of a deficit inn the General Fund, that the City Council, shall take steps to reduce he deficit by ordering a decrease in street lighting, in salaries maid city employees and officials and also to reduce the number off persons employed by the City until the General Fund is in balance. 27. The Administrator again requested that thus Council engage the Public Exaperiod oxauJanuary 1oks9anand toaffairs Ise the e9CiCity of Stillwater for UNFINISHED BUSINESS The City received a dismissal of the following case which was pending in district court: James R. Smith and Jayne Ann Smith, plantaiffs vs. City of Stillwater, defendant. Mr. Dave McNeil presented a contract prepared Ymy the Northwestern Railway Company offering to sell certain land. to the Ciity of Stillwater lying South of Nelson Street for a price Of $60,000.00. (no action was taken by the Council in regard to this matter). NEW BUSINESS On motion of Councilman Nolde, seconded by Councilman Peterson the Building Inspector's report for July 1967 was accepted :and ordered filed. On motion of Councilman Nolde, seconded by Councilman Peterson Myron Melstrom and Charles Thompson were appointed to the Planning & Zoning Commission for the City of Stillwater. The matter of increasing the fee in connection with overtime parking citations from $1.00 to $3.00 was discussed and on motion of Councilman Nolde, seconded ng by Councilman Kohler' it was decided to hold tthe $1.00 fee for cvertimespadedrki which has existed for sometime in the City of Stillwater. However, thibe the initial fee and persons failing to pay within required time would be assessed an additional amount of money would H6e determined by ordinance. ORDINANCES On motion of Councilman Melstrom, seconded by. Councciil�INANCE wohlers sEthat at weG e have the first reading of an ordinance entitled. PARKING IN THE CITY OF STILLWATER, MINNESOTA,. AND PROVIDING A PENALTY FOR VIOLATIONS THEREOF'. On motion if Councilman Nolde, anordinancedby Couilman entitned 'AN ORDINANCEnAMENDINGthe rAN made the first reading I- ORDINANCB ENTITLED "ZONING ORDINANCE OF THE CITY OF ST IL.LWATER"." • • • (August 8S, 1967 - continued) RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the Payment of the Bills. 2. Resolution Amending Resolution No. 306E 0($350,000 Street Construction and Equipment Bonds of 1967). 3. Declaring an Emergency in the Availabilitty of Dump Sites and directing the re -opening of the old Dump Site. 4. Commending Dave McNeil 5. Fixing Compensation of Police Officer Ronald Johnson a On motion of Councilman Nolde, seconded by Ccouneilman Peterson the meeting adjourned at 12:20 A. M. Attest: City Clerk Mayor 21 • • • (August 81, 1967 - continued) RESOLUTIONS The following resolt•.ions were read and were ram roll call unanimously adopted: 1. Directing the Payment of the Bills. 2. Resolution Amending Resolution No. 3066 (?$350,000 Street Construction and Equipment Bonds of 1967). 3. Declaring an Emergency in the Availability of Dump Sites and directing the re -opening of the old Dump Site. 4. Commending Dave McNeil 5. Fixing Compensation of Police Officer Ronald Johnson ADJOURNMENT On motion of Councilman Nolde, seconded by Councilman Peterson the meeting adjourned at 12:20 A. M. Attest: City Clerk Mayor • • COUNCIL CHAMBERS Stillwater, Minnesota Special Meeting August 10, 1.967 10:00 A.M. Meeting called to order by President Powell. present: Councilman Melstrom, Nolde, Wohlera and President Powell. Absent: Councilman Peterson Also present: City Administrator President Powell informed the council members that the Oak Park Heights Village officials had requested that the City grant too the Village of Oak Park Heights an easement across Lots Seven (7), Nine (5) rind Eleven (11), of Block Six (6), Beach's Addition to Oak Park Heights. This hand has been owned by the city:of. Stillwater for several years. President PoweaL then suggested that the Coun- cil view this land and make a determination ant this sftime imenas to whethwhether reorrnot the City should grant an easement for the purypoth line across this property or whether the City, should sell these lots to the Village of Oak Park Heights. The City Counci:.L along with the City Administra- tor then proceeded to drive to Oak Park Heights and view this land. Then after considerable discussion, on motion of ccauncilman Nolde, seconded by Councilman wohlers it was decided to offer thi:.i Land for sale to the Village of oak Park Heights at a price of $1,500.00 per :Lot. The City Administrator was directed to contact Mr. James Lammers, representing the Village of Oak Park Heights, by telephone: and inform him of the Council's decision. On motion of Councilman Melstrom, seconded by. Councilman Nolde themeeting ad- journed at 11:30 A.M. Attest: City Clerk Mayor • • 23 • COUNCIL CHAMBERS Stillwater, Minnesota Regular Meeting The meeting was called to order by President Powell Opening Prayer by City Administrator present: Councilmen Melstrom, Peterson, W.IDhlers and President Powell Augusta 15, 1967 7:30 P.M. Absent: Councilman Nolde Also Present: City Administrator, Buildings Inspector, Acting Police Chief, City Engineer, City Attorne3r APPLICATIONS On motion of Councilman Peterson, seconded) by Councilman wohlers,a permit for ALSAC, St. Jude Research solicitation of fsinds was granted to Joan M. Zien, 734 Manomin, St. Paul, Minnesota DELEGATIONS On motion of Councilman Peterson, seconded! by Councilman Melstrom, the City En- gineer was instructed to install rubble weal on the property of Louis Christof- ferson, 102 South Sixth Street. (this sloppe condition resulted from the improve- ment made on Myrtle Street). Mr. Jerry Wallace and Jack Fountain appea:,red before the Council in reference to using natural gas for heating in the nevv Municipal Building. Two rates are available --(1) Firm one that many residents and small business places have (2) another rate which is available to a 1:.arge unit. NSP is required to buy the same amount each month. Large quantities .so unused in June, July and August. They have a gas rate that is made to larger units. This rate was set up for manu- facturing companies, laundries and hospitaeLs. oil Dual cost would be $2,888.26 and with/onlyv $3,520.00 per year. After some discussion it was decided to wiithhold action until the September 12th meeting after the Council has studied the actual costs of last year's heating. James Simpson appeared before the Council in reference to hook-up to Oak Park Heights for sewer only. A permit to extend the Oak Park line to Birch Street. If the county would do the storm sewer designing which the county has done, the city has agreed to pay their portion and Ooak Park Heights their portion and the County their portion. On motion of Councilman Peterson, seconded! by Councilman wohlers, the City Admin- istrator was instrucid to write a letter tzo the Mayor of Oak Park Heights to ser- vice Blocks 13, 14 and 15 in Webster's Thiird Addition with sanitary sewer service. George Kutz appeared before the Council amain in reference to the Hazel Street project being made into a public access too launch boats in the St. Croix River. The Council agreed to meet Mr. Kutz at thiis site on Friday afternoon, August 18th at 3:00 P.M. to look over this project and the Engineer was also instructed to go along. • • • 24 (August I15, 1967 - continued) e • PETITIONS• A petition signed by seven property owners presiding on South Brick Street re- questing black -top without curb and gutter tfrom West Pine Street to Lily Lake, West Pine to West Oak Street on South Brick Street and West Oak Street from South Seeley to South Brick Street. on motion of Councilman Peterson, seconded :by Councilman Melstrom, the City Ad- ministrator was instructed to send a letter: to Mr. Jerrold tMurphy and gutters informing him that it is city policy to put in high type and if they wish this, they should resubmit_ the petition to the Council. (The reason for this policy is that it benefits the property owners and increases the value of their property). CITY ADMINISTRATOR'S REPORT 1. Mr. Ray R.Wentzel, 1306 West Linden Sheet, phoned the Mayor in reference to chloriding West Linden Street as reoquested sometime in July. The Engineer reported that they hoped tto get this work done this week. 2. The City Administrator reported that hee had met with Mr.slaughter in re- gard to acquiring additional land from .the Fairview Cemetery Association in connection with the West Orleans street improvement and that Mr. Slaugh- ter had informed the Adminstrator that .the asking price for a 20 foot strip one -quarter mile long would be $37,000.4,00. The Mayor stated that he wasn't in fav o.r of spending thist the Council pro - much money to construct a 60 foot street and the engaineer sugges ted ceed with other street projects at thi.s time and drop the Orleans project until next year and try to renegotiates with the Fairview Cemetery Association. Then on motion of Councilman Wohlers awed seconded by Councilman Peterson. it was decided to delete the West Orleans; Street project from the 1967 street program and to reconsider same during the year 1968. On motion of Councilman Peterson, seconded by Councilman Wohlers, a resolu- tion was introduced to set September 1112th, 1967 at 7:30 P.M. as the date for a hearing on the following street protects: 1. South Sixth Street from Marash to Orleans 2. Echo Lane 3. North Brichwood Drive (Nortil Brick Street). 4. West Linden Street from Owern to the end, going west. inded: the il that tre re 3. The City Adinistrator outstandingm mrelative toathe noff m-streeet parking cassessments asafollowsjudgments s:: $347.74 $ 62.61 1. Galvin Property 2. Ralinof£ Property and according to the records, Fred Blliss owes the city $228.25 as a result of district court action. On motion of Councilman Peterson, seconded by Councilman jwohlers. the Mayor and Treasurer were authorized and dirrected to pay these Councilman Peterson introduced a resolution at this point to pay these judg- ments and his motion was seconded by Councilman Wohlers and was carried. (see resolution). 4. The City Administrator informed the !Mayor and Council of the City Attorney's opinion regarding the Sunday Liquor Referendum Election. On motion of Councilman Peterson, seconded by Counncilman Melstrom, Tuesday, October 24, 1967 was set as the date for this elections. On motion of Councilman Peterson, secconded by Councilman Wohlers a resolution was introduced for this special Election. (See resolutions). • • (August 15, 1967 - continued) 25 MOP 5. The Administrator again reminded the Council that it would be necessary for the Mayor and Council members to viewv and re -assess certain properties which assessments have been set aside by thaw district courts and the assessments were in connection with the off-streeet parking lots. On motion of Councilman Peterson, seconded by councilman Wohlers, it was de- cided to set the date of September 12S. 1967 at 3:00 P.M. for the purpose of re -assessing certain parcels of land which assessments have been set aside by the district court. 6. A sewer revenue complaint from Jerrolld Murphy was carried over to the next meeting due to the lack of complete iinformation regarding various charges. 7. A memo from the City Engineer in reference to running an ad for a draftsman - surveyor for the engineering departmesnt.. On motion of Councilman Peterson, seconded by Councilman Wohlers, the City Engineer was instructed to run the adi as presented. (Draftsman -Surveyor, Age 21-35. Starting salary $550.00-$2600.00 per month with paid overtime). 8. A memo from the Fire Chief regarding compensation increases for Paul Williams and Gordon Seim to $485.00 per month.. These men have completed two years ser- vice with the City in this department:. (August 1, 1967). And also a Lieutenant's examination muss held with Paul Williams receiving the highest score. He recommended that Mr. Williams be promoted to this rank as of September 1, 1967 at the pay rate of $515.00 per month). On motion of Councilman Melstrom, sec=onded by Councilman Peterson that we con- cur with the recommendations of the ?ire Chief on these matters. ( see resolu- tions). 9. An insurance endorsement from R. W. MM@8arry & Son Agency of the Minnesota Workmen'; Compensation rate increase endorsement under the changes in the Workmen's Compensation Act as enacted by the 1967 special session of the legislature, which becomes effective September 1, 1967. 10. Mr. Jerrold Murphy on South Brick Street reported to the City Administrator that a low spot at the intersection oaf West Pine and South Brick Streets should be inspected and repaired. The City Engineer was directed to takxe care of the matter at his earliest con- venience and the engineer stated it wwould be done this fall. 11. The matter of a land exchange with tine VS, was brought to the Council's atten- tion. (near the Sewage Treatment Plaent). On motion of Councilman Peterson, seconded by Councilman Wohlers, the City Ad- ministrator was directed to contact Mlr. Elliott of the Northern States Power Co. in an attempt to speed up this laend exchange. 12. The City Administrator again read a n•ns'no from the Building Inspector in which Mr. Rod Lawson and Richard Olsen requested that the charge for demolishing a building that they have purchased be deferred over a period of three years. The total cost of demolition was $5000.00, After some discussion, on motion of Counncilman Peterson and seconded by Coun- cilman Melstrom, it was decided that Ln the event the $500.00 is not paid on or before October 1st, that this amount he certified along with other assess- ment to the County Auditor in its entirety so that the City receives its money along with its tax settlement in 19688. • 6 •, $naqust 15, 1967 - continued) • • 13. The City Administrator informed the Counncil members that the General Fund Budget showed a large deficit and hoe stated that because of this deficit he hesitated to issue purchase o:.rders and asked the Councils opinion in regard to the matter. The Contncil members informed the Ad- ministrator that he probably should issu.ie purchase orders but to use his own judgment and to be as conservative au) possible. UNFINISHED BUSINESS None NEW BUSINESS On motion of Councilman Peterson, seconded by• Councilman wohlete, the follow- ing collateral purchased by the First Nationa:1 Bank,Minneapolis, was accepted: Banks for Coops Rec. 4.30% due December O•4, 1967 Par Valvue $300,000.00 ORDINANCES On motion of Councilman Peterson, seconded by Councilman Melstrom, that we have the second reading of an Ordinance to Amend are Ordinance (curfew laws). The ordinance was read section by section, folhlowed by roll call after each section and all members of the Council voted iln the affirmative. The chair then put the question, "Shall this ordinance pass?", and on roll call the ordinance was unanimously adopted. On motion of Councilman Peterson, seconded by Councilman Melstrom, the first reading of an ordinance "New Abbreviated National Building Code" was made. On motion of Councilman Melstrom, seconded by Councilman Peterson, we had the first reading of an ordinance setting the minileum code for housing and mainten- ance. On motion ofcouneilman Peterson, seconded by Councilman Melstrom, we had the first reading of the amendment to the Overtimes Parking Ordinance. RESOLUTIONS The following resolutions were read and were coon roll call unanimously adopted: 1. Employment of Stan Larson as full time custodian and setting his salary. 2. Request by Governing Body for Examination •of Accounts and Affairs. 3. Directing the payment of bills. 4. Adjusting compensation of firemen --Cordon .Seim and Paul Williams. Promotion of Firemen Paul Williams to Lieuntenant 6. Accepting petition and ordering preparations of preliminary report (North Brick Street, Echo Lane and South Sixth Street.) T • e (August 15, 1967 - conti:ued) 27 • • 7. Ordering hearing on improvements, orderer preparation of plans and specifica- tions and directing clerk to advertise, for bide. (Loc-al Improvements 63,64, 67 and 68 - South Sixth Street, North :trick Street, Echo Lane and West Linden). 8. Call special election for liquor referrendum for sale of intoxicating liquor on Sunday. 9. Direct payment of judgments- Galvin an.:d Kalinoff. ADJOURNMENT on motion of Councilman Peterson, seconded! by Councilman Melstrom, the meeting ad- journed at 11:06 P.M. Attest: City Clerk Mayor • 28 COUNCIL CHAMBER Stillwater, Minnesota Special Meeting Meeting called to order by President Powell Present: Councilmen Melstrom, Nolde, Wohlers .and President Powell Absent: Councilman Peterson August 24„ 1967 4:00 P.M. Also Present: City Administrator and City Attorney The City Administrator informed the Mayor and the Council that he had contacted the Public Examiners' office on the matter of the dump situation which was de- clared an emergency. As of this date there isa no solution of the problem. He stated he knew of no similar situation like_ this. It is perzectly O:K. to handle as we have in the past but it is advisaable to advert'se for bide for the type of equipment the city wants used for use in disposition of garbage and bid on a month to month basis. In this wally the council would be protected. The question was raised as to when an emergencty ends. The successful bidder would have to get a sizeable bond (Charlsen's bond is about $5,000.) Enter into a contract with a man for $975.00 peer month but the total contract would b, for more than $1,000.00. Our contract with Charlsen was for $4,500.00 but he owned the property used for a dump sites, One of the Councilmen then asked the question 'in the event that a person did agree to run the dump for the City of Stitlwatxr for a figure less than $1,000. per month, would it still be necessary to enteer into a contract.' The City Administrator stated that the Mr. Russell Andrews who heads up the Municipal Division in the Public Examiners office had sulggested that it would be advis- able to call for bids and enter into a contract even if the monthly figure was less than $1,000.00. On motion of Councilman Nolde, seconded by Councilman Wohlers, that we advertise for bids and let the City Attorney and City Administrator set up the spe.:ifica- tions. (They would have the right to reject: any bidder for not being a respon- sible bidder). Meao from the City Engineer regarding the appliying of some type of additive or surface treatment to the skating rink area at Staples Pield. On motion of Councilman Nolde, seconded by Councilman Wohlers, that we proceed with this project and give the area two coats of bituminous material. The City Administrator read a letter from Norman Webb of Carlson Cab Co. re- questing that his permit for the operation of taxicabs within the City of Still- water be cancelled and re -issued to Mr. Williaem Clemings. On motion of Councilman Nolde, seconded by Couuncilman Wohlers, that the transfer be granted. On motion of Councilman Nolde, seconded by Councilman Wohlers, the following collateral pledged by the Cosmopolitan State lank to security for the deposits of the City of Stillwater were released: $1.00,000 U. S. Treasury Notes 4.7/EEZ, Series F-1967, 44196/205 !d 10 M ea.,due 11-15-67 Receipt Ado. 14094 $55,000 U.S.Treasury Bonds/69 Nos.120800216 q $10,000.00 Coupon Bond 4% each; 40969 ra $5,000.00 - Dated 10-1-570 Due 10-69 10-1-64 with SCA. 459906 • • • (Baugust 24, 1967 - continued) 29 • The City Administrator informed the Mayor and3 Council that the Connolly Shoe Co. has offered a Friden Calculator and a Clary deeding machine for sale at a price of $375.00. The question was asked: "Is this equipment neseded7" and the Administrator indi- cated that it was. On motion of Councilman Nolde, seconded by Ccouncilman Wohlers, the City Adminis- trator was authorized to purchase these two machines. RESOLUTIONS The following resolutions were read a.` were on roll call unanimously adopted: 1. Accept the work of Project 65 art) 66 - A'cel Newman and the final payment for work done byAxel Newman on the Municipal Building. 2. Accept the work done by Linner Electric Company on the Municipal Building. 3. Applying for Title to Certain Land (Staptea Field) 4. (Discussion and review of the resolution on the Special Liquor Referendum Election). ADJOURNMENT On motion of Councilman Nolde, seconded by Councilman Melstrom, the meeting ad- journed at 4:25 P.M. Attest: City Clerk Mayor • 30 • COUNCIL CHAMBER Stillwater, Minnesota Special Meeting September 5, L957 3:00 P. M. The meeting was called to order by President Powell Present: Councilmen Melstrom, Nolde, Peter,^on, Wohlers and President Powell Absent: None Also Present: City Administrator and City Attorney President Powell turned the meeting over to, the City Attorney who read the Memorandum of Settlement with Stillwater Puhblic Safety Association, re: Policemen and Fireman of the City of Stillw:mter, Minnesota. The following changes were approved by the ()Council: Article I --Section one --the wording to: "Any new employee, having completed s::ix (6) consecutive month's probation period shall be regarded des a permanent employee." Addition to Section 5: "Excluded from the foregoing sections would be the Chief of Police:....... and the Chief of the Fire Department..." Article III--Severence Pay --add the following wording immediately following physical disabiliity -- "necessitating termination of employment". Councilman wohlers stated that he is opposed to bringing in an outsider to become Chief of the Police Department -- he favored moving a man up in the ranks. Councilman Nolde: This is the Mayor's department and it is his responsibility to run this department to the best possible way it can be done. Councilman Melstrom: I have been stopped byy various men and they feel chat it should be someone that has had some administration training and none of our men seem to have that. Article IX --Section 1. "In accordance with payroll submitted to the City Treasurer by the Chief of Police". Article IX Section 2. "upon order of the Chief of the Fire Dcepartment". Article XI --Add "years of age" immediately following the figure (65). Article XII--Section 1: Change the policemen "investigator" title to "officer". Article XII--Section 3: The Mayor and Counteil feel that this section should be deleted and all wages be negotiateed at the time of a new contract. e This portion of the meeting adjourned at 3:°55 P. M. di • Meeting Reconvened -- 4:00 P. M. The meeting was called to order by President Powell. Presents Councilmen Melstrom, Nolde, Peterseon, Wohlers and President Powell Absent: None Also Present: City Administrator and City AAttorney, Acting Police Chief, Sergeant Roepke; Chief of the Fire Deppartment and Fireman John Schoen President Powell: This is an informal meetzing and I will ask that the City Attorney read the agreement or settlement seection by section and if there are any questions just speak up and it will not be necessary to be recognized by the chair. The title should read -- "Agreement with thee Stillwater Public Safety Association; re: Policemen and Firemen of the City of Stillwater, Minnesota and City of Stillwater, Minnesota. Article 1--Section 1--to be changed as propeosed by the Council to read-- "Any new employee, having completed six (6) consecutive month's probation period shall be regarded as a permanent employee". Article I --Section 2, 3 and 4 accepted as ism. Add Section 5 to Article I --to read as follows-- "SxMluded from the foregoing sections would be the Chief of Police and the Chief of the Fire Department"". Article II --accepted as is. Article III --Severence Pay --add following diisability-- "necessitating termination of employmeent" Articles IV, V, VI, VII AND VIII accepted ass is. Article IX --Section 1--add "as indicated on payroll sheets submitted and signed by the Chief of Police". Article IX --Section 2-- add "upon order of the Chief of the Fire Department". Article X and Article XI -- accepted as is. Article XIII-- "If a non -working day for empoloyee, he shall be paid at 8:30 A. M. on the fifth (5th) and twentieth (20th) of each month. All working employees will be paid at the end of shift on the fifth (5th) and twentieth(20th) of each month. The end of this section shall read as presented in the settlement. Discussion on Section 3 of Article XII-- If the Police Department had a patrolmoan who was never promoted to an officer and he had a number of years oaf- service, he would be making more than an officer. Mr. Roepke: What if he waived his upgrrading and did serve the City on a continuing bat, we feel he should b,e compensated for his faithful service to the City. • • 32 (September 5, 1967 - continued) • • Lack of initiative on his part to become an officer and he would get more than a man who is qualified to bee a sergeant and deserves to be one. The Street Department has no longjevit_.r pay in their contract or agreement. Mayor: No one in any business gets this type of special pay for years of service. This could present an unrealistic figure at the time of negotiating for a new contract-. It could be very confusing when you have to consider a monthly inncrease and also a service time pay. Councilman Nolde: A man will get his automatic increases by working his way up after years of service and would get compensating increases. City Attorney: We feel that the agreement should include cause for suspension or termination as set forthn in the Local 49 for the Street Department. Having such in the agreement would be guidelines if an employee was charged with violations aend would have a right to a hearing and it would be up to some board whether or not he was guilty of same without specifically naming than. The representatives of both the fire department and the police department indicated that they now haws a full set of rules which they must abide by and they proceeded to secure copies of said rules and give them to the City Attorney. Councilman Nolde: Why don't we add these to the contract? These rules have been handed down and 'were okayed by the Council at one time. Councilman Nolde: Getting into somethning new and we are going to have a contract at this time, we shoulld do it right and include them in the contract. Mr. Rheinberger: Contrary to anything these are already applicable rules that determine the manner in whiich an employee acts. They are guidelines as to how he is to operate in his position. Mayor: As far as these are concerned here we have a set of rules and I feel that the two attorneys can workx out something that would be satisfactory to all. There should be no repetition but something that is agreeable to the two attorneys. Article XII--wages Mayor: I have looked at the schedule you have and I realize it is a good increase. It is a large increase. I personally am inclined to go along with it provided we can hold down commitments to the first of the year. If you are going to be aadministrant in your compensation for this year, the only alternative ins to review the schedule you have for 1968. Councilman Peterson: We should try too hold the line at $467.00 and commence with January 1. 1968 atartin on the recommended basis. Mayor: In dealing with an association or a union as soon as one gets something the others will ask for it ttoo. I use this as a basis for holding firm to our beginning of the spear budget statement that we made. Mr. Rheinberger: According to the ficyures the money is available for this increase without disturbing any tmudgets. There has always been some feeling that something unexpecten might turn up and it would appear that figures are more than adequate to permit this increase in wages. Mayor: There is room for such an incrrease but when you look at how you come out in the final picture we are not healthy. We want to be fair. The fact that we hold to the lmne I think when you talk about your proposal for September let that tty holding to the line we must consider everyone else. In the case at the street department we have • • (September 5, 1967 - continued) 33 • reduced their hours but they are receiving the same pay. Your increase for January 1, 1968 are c-nsiderablyy higher than Local 49 and we feel that we can't allow these increases to become lopsided. Councilman Nolde: I feel the same way. When we set up the budget and the citizens will be informed of the cot then a few more dollars can be spent for the services we have to offer. we are not set up at the present time for this and will have to consider lit in the new budget for 1968. Mayor: We can allow for it in the budget but I"think because of the size of the increases that we cannot take them into consideration our budget for 1967. Mr. Rheinberger: In this proposal we have withdrawn from our original proposal in which it went retroactive to January, 1967. Provided the money is available then could it be retroactive to September, 1967. Mayor: We want to be fair. We did not give this special concession to the Street Department or the Sewage Department in our considerations for 1967. We would have to go over the 1968 figures. The increase for 1968 is a good one. We can't think onlyy of your department and your taxes will always go up but we are trying to hold them down. I think this proposal here is a good proposal. IIt is a substantial increase. Mr. Rheinberger: I understand the council's position. Mayor: If we give you an increase, we will have to give all the employees an increase. Councilman Peterson: This should bee a blanket contract for all employees and not a single employee. Mayor: Pay increases should be unif'_orm to save any controversy. Mr. Rheinberger: we have already knancked off two-thirds of the. year. Councilman Nolde: We are going to give you a contract. Councilman Peterson: The contract o:aaty runs to December 31. 1968. Can't expect to start at the bottom and get to the top over night. Mayor: You have submitted your prop.:osa1 and we have given you our counter -proposal and we suggest you take this counter -proposal and come to a decision. Councilman Nelstrom: We are willing] to do what we should do and we would like fo see them get an increase andf are agreeable to that. Mr. Rheinberger: No increase in salaries until January, 1, 1968? Mayor: Can you notify the Council as to a date best suited for you to meet again? Mr. Rheinberger: If the counter-propposal is accepted, then there would be no need for another meeting. At this point the representatives of the :police and fire deparments left the Council Chambers. The Mayor also left at: this time. Vice President Nolde took over at this point in the meeting. The City Administrator read an opinion froon the City Attorney in reference to the eleotionto be heid on the Sunday Liquaor Referendum. The following points were presented for Council Action: (1) We must use all of the usual vatting places. (2) The Council may by motion decides that in their considered discretion that fewer voting machines may Me used and in said motion they should decide the number of voting maci ines to be used. • 34 • (Seeptember 5, 1967 - continued) • (3) That the City Council in thee same motion should direct the City Clerk as to the number of election judges to be used or direct him to use the number of election judges he believes are necessary in accordance with the law. After some discussion on motion of Co::sncilman Peterson, seconded by Councilman wohlers that we use one votting machine per precinct or a total of six (6) machines and that awe use two (2) judges for each precinct or a total of twelve (12) juClges for this special election. The City Administrator informed the Councill that for the opening of bids it is not necessary to call in the entire Council for this procedure but that they can designate two or three agents to do this. (Local Improvements). On motion of Councilman Peterson, seconded by Councilman Wohlers that we designate the City Administrattox, the City Attorney and Councilman Melstrom to open the bids Dior the dump on Friday, September 8th at 10 o'clock A. M. and to act as our agents for opening and tabulating the bide for thhe dump. RESOLUTIONS: The following resolution was read and on rocti call unanimously adopted: 1. Resolution amending Resolution #3O085.(Resolution directing the payment of over -assessments), ADJOURNMSNr On motion of Councilman Peterson, seconded 'by Councilman Melstrom the meeting adjourned at 5:10 P. M. Attest: City Clerk Mayor • 35 • s Council Chambers Stillwater, Minnesota BID OPENING September 6, 1967 10:00 A. m. This was the day and time designated by the City Council of the City of Stillwater to open bids on a Temporary Dump Operation. The following persons designated by the City Council acting as the Council's agents for the purpose of opening the buds so that the bids could be tabulated in advance of the meeting at which they are to be considered by the Council in accordance with Minnesota Statutes, Chapter 429, Section 429.041. City Administrator, L. R. Brow,+er Councilman Melstrom City Engineer, Ron Ehlinger Two bids were received, one from the Gonda: Iron and Metal Co. of Stillwater, Minnesota and one from the Junker Landscaping Co. of Stillwater, Minnesota. Bid #1, namely the GORDON IRON AND METALL CO. bid was opened and read aloud. A cash deposit in the amount of $65.00 ancompanied this bid and the total amount of this bid was $1,265.00 per month. Bid #2, namely the Junker Landscaping Coo, was opened but was not accompanied by a certified check, bid bond or cash fa accordance with the advertisement for bids which was published in the Stillwater Evening Gazette the official newspaper of the City on September 1, 19e67. The agents appointed by the Council to ovpen the bids then informed the persons present at this time that the bi..ds would be referred to the City Attorney and then to the City Council fo_.r official action. Attest: City Clerk Mayor • COUNCIL CHASMS Stillwater. Minnesota SPECIAL MEETING September 122. 1967, 3:30 P. M. The meeting was called to order by President Powwell Present: Councilmen Melstrom, Nolde, Wohlers and President Powell Absent: Councilman Peterson Also Present: City Administrator and City Attooiney This meeting was called for the purpose of compilying with a district Eourt order to re -assess certain properties which had been set aside by the district court in connection with Off -Street parking lot assessments. After viewing the following parcels of land, on .motion of Councilman Nelstrom, seconded by Councilman Wohlers the following asseessenent was established: . The MCM Corporation, North Main Street witlh a frontage of 204.60 set with an original assessment of $3,069.00 axed with an adjusted assessment of $2,000.00 was fixed at a figure of $1,7:39.10 at the rate of $8.50 Per foot. Stillwater Motor Co., North Main Street wieth a frontage of 230 feet set with an original assessment of $3,450.00O and with an adjusted assessment of $2,000.00 wax fixed at a figure of $1,955.00 at the -. rate -of $8.50 per foot. Stillwater Manufacturing Co., North Main Serreet with a frontage of 243.60 feet set with an original assessment of $3,654.00 and with an adjusted silent of $1,800.00 was fired at a figure of $1,705.20 at the rate of $7.00 per foot. Frank Schmidt property, South Second Streett with a frontage of 75.65 feet set with an original assessment of $1,134.75 with an adjusted silent of $1,134.74 was fixed at a figure of $1,059.10 at the rate of $14.00 per foot. The Michael Galvin Property, South Main Street with a frontage of 65.1 feet set with an original assessment oaf $976.50 was fixed at a figure of $846.30 at the rate of $13.00 perm Eoot. AWOURN:4 M On motion of Councilman Melstron, seconded by Cemuncilman Nolde the meeting adjourned at 4:55 P. M. Attests City Clerk ✓�LCeCct'u,c ' ' Mayor e • 37 • e COUNCIL CHAMBERS Stillwater, Minnesota SPECIAL MEETING Meeting Called to order by President Powell. September 1.2. 1967 7:00 P. M. Present: Councilmen Meletrom, Molds, Peterson. wohlers and President Powell Absent: None Also Present: City Attorney, City Administrator", Fire Chief, Acting Chief of Police and John Rheinberger This was a special meeting with the Police and Sire Depa.•tmenta and their attorney, John Rheinberger in reference to the Aagreement contract with the City of Stillwater. Mr. Rheinberger: Following our meeting of approosimately a week ago at which time the counter -proposal and the proposal of the Pubolic Safety Association was presented by the City after consultation with the Associat_ton I have redrafted the agreement from notss made by Mr. Eastwood,as follows: Article 1, Section V--The above seniority provis:Lone shall notbe applicable to the chiefs of either the police or fire departments. Article III --Revised to include"orphysical disalmility necessitatingtermination of employment." Article IX, Section 1. Revised to include "ae shown on payroll sheets submittecr and signed by the Chief col the Police Department.• Section 2. Revised to include "upon order of the Chief of the Mire Department". Article XII--wages--Section 1. Proposition of thee Police Department and the Association in connection with the offfiners that they should be broken down according to the number of years' of service. Patrolman--10 to 15 years S000.00 $620.00 Patrolman-- 5 to 10 years $590.00 $610.00 Lieutenant- 5 to 10 years $620.00 $650.00 Lieutenant- 1 to 5 years $610.00 $630.00 Firemen - 15 years $600.00 $620.00 Firemen - 5 to 10 years $590.00 Firemen - 3 $610.00 years $560.00 Firemen - 2 years $560.00 $600.00 Firemen - 1 $580.00 year $540.00 $560.30 Firemen. - probationery $490.00 $510.00 Councilman Melatrom: I move that the council looka over this wage Schedule before we make a final decision. Section 2-- • 38 (September 12, 1967 - continued) Councilman Molds: I second the motion. (aall in favor). Mayors Let's meet at 3:30 P. M., Wednesdays, September 13th, 1967 Article Xv--It was suggested by Mr. Rheinbeerger, attorney for the association that rules and regulations that were drawn sometime prior to the dicussions of joining an association should be incorporated and become a part of the agreement now under consideration. The Council members were of the opinion tha-st this might be satisfactory but referred a contract that would outline the certain specific items such as causes for dismissal. ADJOURNM1M£ On motion of Councilman Melstrom, seconded Eby Councilman Peterson the meeting adjourned at 2s40 P. M. Mayor 39 • • e CC•.RiCIL CiAABERS Stillwater, Minnesota RE^ULAR MEETING SeptereDer 12, 1967 7:45 P. M. The meeting was called to order by President Powell The opening prayer was given by the City Administrator. Present: Councilmen Melstrom, Nolde, Peterson, Wohlers and President Powell Absent: None Also Present: City attorney, City Administrator, City Engineer, Fire Chief, Building Inspector, Acting Qhief of Police UNFINISHED BUSINESS (out of order) City Administrator: On September B, 1967 at 10:00 A. M. the members designated by the City Council, namely Councilman Melsttrom, City Administrator and City .,.� Engineer opened the bids for the temporary/ dump operation. The following bids were received and opened: Bid #1 -- Gordon Iron 6 Metal works of Sti:.11water, Minnesota for a bid of $1,265.00 ($65.00 cash depos::it included with the bid) Bid #2 -- Junker Landscaping, Stillwater, Minnesota -- (No bid bond, cash or certified check included with th:ls bid) I will ask for a ruling from the City Attorney. City Attorney: I feel that the advertisement for the bid is the confirming factor for advertising for bids or any commodities or services. According to my opinion each bid shall be accompanied by a certified check, bash or bid bond for 5% of the total amount of the total. Councilman Bolder Following the recommendations of the City Attorney I moue that we award tha bid for the temporary dump operation to Gordon Iron and Metal Works for the bid price of $1,265.00 per month. Councilman Melstrom: I second the motion. (Peterson opposed). Mayors The Public Examiners felt that this was no longer an emergency that is the reason that we advertised for bids for this operation. Councilman Peterson: How can a Public Examines determine that this was an emergency and what this length of time should be? City Administrator: The Public Examiner, ar. Russell Andrews, suggested that to protect all concerned including the Mayor and the Council that it would be advisable to advertise for bids. This emergency is poet and no effort has been made to straighten it out. Of course, this was not: mandatory upon the Council but merely a suggestion by Mr. Andrews. APPLICATIONS On motion of Beer license On motion of beer license Councilman Melstrom, seconded iby Councilman Nolde an "Off Sale" 3.2 was granted to Ralph Milberg, . 1112 Sixth Avenue South Councilman Melstrom, seconded My Councilman Nolde an "On Sale" 3.2 was granted to Ralph Wilberg, I1112 Sixth Avenue South. • • • 40 (September 12, 1967 - continued) • A On motion of Councilman Nolde, seconded by )Councilman Melstrom an "Off Sale" 3.2 beer license was granted to Del Farm Foeods, 216 West Myrtle Street. On motion of Councilman Peterson, seconded Iby Councilmen Nolde, two music machine licenses were granted to Leonard Annierson, 527 Wisconsin Street, Hudson, Wisconsin. On motion of Councilman Peterson, seconded Eby Councilman Nolde, an Amusement Machine Olerator's License was granted to Leonard Anderson, 527 Wisconsin Street, Hudson, Wisconsin. On motion of Councilman Nolde, seconded by 000uncilman Peterson a music machine license was granted to Mrs. William :1. Wert, 308 South Main Street. (Now James Renard). On motion of Councilman Nolde, seconded by Ooouncilman Peterson an Amusement Machine Operator's License was granted to Mms. William L. Wert, 308 South Main Street. (now James Menard). COMMUNICATIONS From the Northern Pacific Railway Co., Law =ept., St. Paul regarding application for regular toute common carrier hearing to be held for applications for said service. (no actiion) From the Office of Village Clerk, Village ofT Maplewood, Minnesota thanking the Stillwater Fire Department for their assistance in the fire at the G.E.M. store on August 28, 1967. (no action). DELEGATIONS OR INDIVIDUALS George Rutz: What has been done in regard too Hazel Street? City Admenistrator: we have a letter from Mr. Lawrence Rumpf and Mr. C. R. Ness to have this street vacated. Due to thee fact that this letter does not comply with the requirements for a vacation rno action can be taken on the matter. Mayor: Will the City Attorney please explains to Mr. Rumpf the procedure for vacating a street? City Attorney: This must be done according t=o the charter and if you will stop down at my office, I will be glad to gives you all the details. George Rutz: I have fought vacations many threes and I know that the vote has to be unanimous by the Council. Mrs. Wallis: I wrote a letter to Mr. Brower in regard to parking in our area, a request for a street light and the installation of another storm. sewer along Ridge Lane Drive. (The City Admiiaistrator read this letter to the Mayor and Council). City Administrator: I also have a letter frona Albertson, Norton & Jergens along with a plat requesting that the City of Stillwater discontinue the use of the W. Robert Mahood and June Mahood propenrty for a "turn around" while plowing out the city street and Mrs. Wallis' 'private drive. Councilman Peterson: Do you remember Mr. City( Engineer is this a 50 foot righto6f way? City Engineer: This is a 20 foot side surfaces. Mrs. Wallis. Mr. John Ryan did the surveying originally. In the meantime we have had a surveyor come in to complete the survey. The pole markers should coincide with the surveyors' stakes. John HofTfman is doing the current survey- ing and as I understand it should concur with the city or countyv surveyor as to just where the property lines should be. 7 • • • • e (Seeptember 12, 1967 - continued 41 e Councilman Nolde: I suggest that the matter Tee tabled until the survey is completed and this will also make for better :public relations. Mayor: You will hear in regard to the parkin.:? situation. I would ask that you lave a copy of this survey with our engineer and with the department heads who are responsible for these matters who will work out the best means of solving the problems. Mrs. Wallis: There are so many markers in that. area that we can't tell where we are going. In most instances they are goiing from the monument. Mayor: If you come down to complain, you invvolve the City and we must have the information to check on. If somebody is wrong, it is up to somebody to correct this matter. Mrs. Wallis: According to the survey by Mr. Simonet we have 100 feet more property than we thought we had. Mr. Hoffmann told me that he was not familiar with this particular area. Mayor: If you will leave a copy of the survey here, then we can determine just what the problem is. Mrs. Wallis: The City Engineer told Mr. Mah000d he was building on City property add the boulevard and he said he would take as chance on it. How about the street rights? We have a light on the top of our house and the neighbors are complaining about it. Mayor: The Council will go out and look at tee lighting situation and make a decision. Councilman Peterson: Are there storm sewers 'an Ridgewood Lane? Mayor: Does the City have control over this?' City Engineer: The City has control if the Ci..ty went in on Mrs.. Wallis' property. Mayor: Is the water running over the land beueause of the terrains? City Engineer: This is due to the sand on thue street and there are two catch basins further up the line. Mrs. Wallis:. The parking matter is the greatest. Does Mr. Mahood claim that this is not our land? Councilman Peterson: He is claiming that thee area used by the City for turning around their equipment is his property. Mayor: The Council.will check on the matter of the lights and have the Police Department attend to the parking area. A memo from Mr. Charles Thompson in referencee to a special use permit from Charles Hooley for use of the Connolly Shoe Cc. buildling for the processing of meat on a wholesale basis. Mr. Thompson recommended that the Council use Section 21 of the zoning ordinance entitled"Enforcement and Administration". Paragraph 5 allows for special permits and variances and it is felt that the Council could proceed under said sub -section 5 and could also proceed undier 5A, providing the Council found upon motion that no substantial prgerty right:s of others were involved or that this section is not inconsistent with the general .purposes of this ordinance. Mayor: Mr. City Attorney do you feel that thLLs is thesimpliest way to do this? City Attorney: Special permits without a heaering where no substantial property rights involved would be permissable and the decision is within the right of the ordinance. • • • ,12 (September 12, 1967 - continued) • e Mayor: Councilmen Melstrom, Nolde and Wohl,.ers and myself look at the building and if we go by motion it will mean that we, tre granting a special permit to the Hooley Meat Co. to process meat in this: building and that in addition to this with the understanding there are no suhbatantial property rights being adversely affected and if we feel we want t,:o do it this way, this is the simpliest way to do it. we are trying to eeacourage industry and increase employment and this is one way to do it. Mayor: The chair would entertain a notion to this effect. Councilman Holds: I move that we grant_ a sepecial use permit to the Hooley Meat Co. to process meat in the old Connoll^r Shoe Co. building. -.. Councilman Melstrom: I second that motion.. Bldg. Inspector: Would you please include Ln this motion the complete intention for its use as stated in the lettzer from Hooley's. Councilman Nolde: I will include that in •ef motion. The complete motion shall read: A special usepermit be granted to Hoolezr Meat Co.. to usethe. basement area of the former Connolly Shoe Co. bui.Lding located at 123 North. Second Street, Stillwater for the procesaaing, fabricating and storage of food products, principally meat. The. btsement area is approximately'. 14.000 square feet, and will accommodate. a receiving and shipping -area,°' meat cutting and processing area and stowage facilities consisting of walk-in coolers and freezers. "The processing will include cutting:'' grinding, cooking, smoking and freezing oof meat. There will be no slaughtering or handling of live" animals:er live -poultry on the premises.' This operation will be conducted in accorddance with applicable federal and'state regulations. (all in favor) City Administrator: Hooley's would also Lille permission for a loading dock on the".north side of theConnollyShoe Co. HbuLLding or the South side of Commercial Street vacating the sidwalk and tthe removal of parking meters: Charles Hooley:- There would be a rampwhicHh would extend 48 -inches over the pavement which will be used by the leases. One will be at the alley -for Malays and the otter in the middle of thet3dock for the 1 and will possibly have a hydraulic load level lift. Mayor: The Council looked at this and they feel that it will necessitate the removal of 7 meters, and there would be no :foot traffic on the South Bide of Commercial Street but there would be full um. of the sidewalk on the -North side of Commercial Street. Bldg. Inspector: The firm who plans to use .the balance of the building must apply for a special permit before they move in. Holley has been granted their special permit for the portion they wish to .use. Mayor: Mr. Thompson is not trying to put an obstacle in the way of stopping this new business. This is procedure and slhouLd be done by either the Hooley firm or the new manufacturer. - Mayor: I suggest that Mr. Hooley submit a odrawing of the proposed loading area to the City Engineer. Mr. Roger Short of Banister Engineering appeeared before the Council and explained the secondary treatment of sewage.. Councilman Nolde: I feel that we should entner into this now. Councilman Melstrom: As far as public relatnions we should wait until we meet with oak Park Heights. • • e ((September 12, 1967 - continued) 43 e • ago Councilman Peterson: We have started preliminary studies 18 months/and it takes .— about four years to complete the matter. Mayor: We have to do this. The Water Pollution Commission informs us that we must move into secondary treatment. We have an engineering firm that has been working on it and has cone up with a very praectical plan for us and if we can show the Pollution Control Authority that we are working on this and we are going to go ahead with it and its consideratiion for us and also other communities. We now have information which we are to disuses as far as costs and also to determine the total coat to Oak Park Heights. I feel tthat we should go ahead now. City Engineer: The plan as proposed is baseod on population rather than years. I would suggest that we do ahead now. Councilman Molde: I move that we enter intoo this agreement with Banister Engineering this evening. Councilman Wohlers: I second the motion. ('"Pvo in favor, two opposed) City Administrator: Mr. Mayor, I suggest th::at you call for a recess and discuss the matter and then call for a vote. Mayor: I suggest that we delay the vote on •this matter at this time. Councilman Melstrom: I question if we shouldl, go ahead, until after the meetings are held with Oak Park Heights. (recess at 9:15 P. M.) RECONVENED AT-9:241 P. M. . Councilman Peterson; i didn't realize that .ten days would make a difference in this matter but I find out that it would means a difference. Mayor; We will take a vote at this time on the motion to enter into the agreement with Banister Engineering for the :Secondary Sewage TreatmentiPlant. (All voted in the affirmative except Councilman Melstron) PgrITIONS A. petition. in .the natter of condemnation of certain lands in the Village. of Oak Park Heights. (no action taken) The Council did name Fred Bohlken, Bill Rlappp and Al Bergen to attend the hearing to be held on September 21st and act as appraiser for the City of Stillwater.. CITY ADMINISTRATOR'S REPORT 1. Petition in the matter of vacating a poortion of Oak Street. Councilman Melstron: I move that we accept this petition. Councilman Wohlers: I second the motieoni (all in favor) Councilman Peterson: I move to set th..e date of the hearing at 7:30 P. M. on October 17th. Councilman Molds: I second the motion:, (all in favor). 2. sment of certain property for perking lot facilities: MCM Corporation at $8.50 per foot for .a total of $1,729.10 Stillwater Motor Co. Used Car Lot at $t*.50 per foot for a total of $1,955.00 Stillwater Manufacturing Co. at $7.00 (Per foot for a total of $1,705.20 Frank Schmidt at $14.00 per foot for a: total of $1,135.75 Galvin at $13.00 per foot for a total ice $846.20. (Septemmber 12, 1967 - continued) • Councilman Peterson: I introduce a resolutions' to make these re -assessments. Councilman wohlers: I second the motion. (all in favor). 3. Memo from the City Engineer to advertise for bids for the New Motor Grader, New Four wheel Drive Front End Loaders and the New Street Garage for the Street Department. City Engineer: The plans and specifications for the new garage would include storage space for the voting machines: and the cost would increase about $10,000. Councilman Peterson: Ten thousand dollars i..s too much to store voting machines. Councilman Nolde: Could we add a few feet t::D the garage to be used for a larger garage? Councilman Peterson: I move that we proceed: to advertise for bids for one Four Wheel Drive Front End.Loader, One Motor Grader and the New Street Garage without the 13 x 5 addition. Councilman Wohleres I second the motion. ()a11 in favor). 4. Meao'from Vernon E. Gedatus, Acting Chief ofi Police adding the follow- ing names to the Auxiliary Police Dept. Donald W. Aderman 524 N. Minnesota. Bayport Robert J. Maynard, Route 83, Stillwwater Don D. Vahlsing. 2793 E. Margaret St., St. Paul Minnesota (Oakdale) and the termination of the following names ffron the Auxiliary Police Dept. Gerald R. Zolldan, Route #1, Stillwwater George A. Warner, 4831 E. Minnehaeba Ave., Lake Elmo Councilman Molds: I move that we accept theme additions to the Stillwater Auxiliary Police Department and send a letter to the menwho are leaving the department thanking them for these servilce s. 'Councilman Melstrom: I second the motion. (a11 in favor). 5. A letter from George R. McFadden in reference to the matter of surfacing Orleans Street from South Fourth Street westward. Councilman Nolde: I suggest that the City :administrator send him a letter that we just tabledthis particular parojett until next year. It wasn't turned down but carried over to a letter date and that the plans were not elaborate but good engineering. Councilman Melstroms I second the motion. (all in favor). 6. City Administrator: At this .ime we should) officially hire the new Chief of Police. Councilman Nolde: Under the charter the Pootice Department has been run by the Mayor and in order to have fine polite protection for our citizens, I move that we follow the recommendations ocE the Mayor and hire Wallace L. Abrahamson, Chief of Police for the City of3 Stillwater. Councilman Peterson: I second the motion. (Wohlers opposed). 9. Emergency Snow Routes for the City of Stillwater. The City Administrator was instructed to mail copies to the Mayor and Council members. 7 • • e (Septembeer L2, 1967 - continued) 45 • • 8. Letter from the League of Minnesota Municipalities giving us the dates of the League Regional Meetings. The Council agreed on the date of Octoner 19th at West St. Paul. 9. The City Administrator asked the Counciil to consider extra compensation for Verdon Gedatus for the period of tine when he served as acting Chief of the Police Department at then suggestlion of the Mayor. Councilman Nolde: I move that for the overtime put in by Mr. Gedatus that he be paid a sum of $180.00. Councilman Melstrom: I second the motion. (all in favor). 10. The City Administrator informed the Mayor and Council that he had a phone call from Mrs. K. M. LaVine in reference to a tree that was to be removed from the boulevard in her area. City Engineer: Mr. Zoller has been autthorized to take this tree down. Mayor: I would ask that the City Administrator call Ray Zoller and ask him to expedite this work. 11. A.sequest that the Council name a figurxe if it is their desire to -sell certain Off -Street Parking areas--NSP Harking Lot, Old -Bus Garage and the Kilty property. Mayor: I will ask that the City Attorney advise us as to the sale of such property and the procedure to use for winch a transaction. 12. We have a binder to cover general Utility and automobile insurance policies from the Hartford Insurance Co. (grog Aagency).. 13. A. changeorder for the Legion Beach Facility from Diversified Erectors, Inc. Electsbal-extending wiring from fume box and switch to beach floodlights and hook up same with mew W. P. wire - increase $70.00 Plumbing --Furnish and install 2 Koohler 10--3512 E. B. white closet combinations -- black open Eront elongated seat -- increase price by $102.70 Furnish and install 2 Kohler K-73610 self cleaning shower heads. Cold water supply valve onsLy -- increase priceby$ 46.40 Councilman Peterson: I move that we accept this change of order. Councilman Melstrom: I second the motioon. (all in favor). 14. A memo from the City Engineer advising the City Administrator that the cost of the nubble wall at 102 South Sixth Sanest, if the work is done by David Junket, would cost the city a sum not no exceed $600.00. Councilman Peterson: I suggest the City Engineer .get another estimate for this work and the City Engineer be inet:ructed to proceed with the lowest estimate of the two. Councilman Wohlers: I second the motiocn. (all in favor). 15. Memo from the City Engineer requesting the decision of the Council on the following matters: 1. Does the Council intend to assess allL property equally on the four streets, or charge the owners exactlly the cost for their street? Mayor: What are your feelings on thiLs matter, Mr. Engineer? City Engineer: I recommend that we :assess them all in the same manner for the street construction. Mayor: Are all the streets the same! cost? City Engineer: Item #2 (see below). • 46 (Sept...ember 12, 1967 - continued) • • 2. Does the Council intend to add the coat of extending the watermain from under the street surface on Linden: Street at Center Street; and the extending of an 8" sanitary sewer East on the alley from Echo Lane between the Stuart and Lange property. The estimated cost for the watermain extension is $3010.00. The estimated cost for the sanitary sewer extension is $1070.00. Councilman Peterson: When spread over the aesessibis streets and property owners it won't amount to UM veryy much? City Engineer: No, it won't: Councilman Peterson: I move that the Engineer be instructed to spread the actual cost of the watermain extension and sanitary sewer extension to spread over the entire assessihble amount. Councilman Melstrom: I second the motion. (all in favor); 16 An assignment of Securities from the Farmers 6 Merchants State Bank of Stillwater for $30,000.00 U. S. Treasuryy Bond 1974 and $15,000.00 U. S. Treasury Bonds/1972. An assignment of securities for $200,000 U.. S. Treasury 4% due 10-1-69 and $100,000.00 The Twelve Federal Land Bank Consolddsted Federal Farm Loan Sonde 4% due 6-20-68 £room the Cosmopolitan State Sank of Stillwater. Councilman Peterson: I move that this subsetttuted Collateral be accepted. Councilman Wohlers: I second the motion. (aLl in favor). 17. The City Administrator informed the Mayor and Connell of the proposal of Robert Haines for a dumpsite for the Cityy of Stillwater which showed a cost of $18,700.00 per year or on a five yyear contract the price would be $17,000.00 per year. The Council felt the cost was too high and tnhat the City Administrator should write him a letter to this affect. 18. A memo from the Acting Chief of Police, V. PI. Gedatus, in reference to a request from Emory Nelson of the Bluff Ciny Lumber Co. to have no parking on Nelson Alley South of their buildiing, between South Second Street and Onion Street due to the fact than there is not enough room for their trucks to get in and out of the driveways. Also requesting the removal of the parking meter from the Southwest corner of Olive Street and Union. Space between their drivemwayaand Union Street is too small andFiEl partially blocking the driveway most of the time. Councilman Molds: I move that we follow the recommendations of Mr. Gedatus. Councilman Wohlers: I second the motion. ae11 in favor). 19. Reply memo from V. R. Gedatus in reference tzo Mr. Barry Thompson of Bayport and a complaint that he was picking up garbage without allicense. Re informed Mr. Gedatus that he has 8 custommers within the city limits of Stillwater, bhat he hauls rubbish for, wood he has had these customers for sometime. He stated that he doesn't haull any garbage but that some of the thrash is put in garbage cans, so when he carries these to his truck, it may look like he is hauling garbage. 20. A reply memo from the City Engineer in refereence to the trespass complaint from Mr. Paul Liberty. The Engineer states -that he is unable to find any references to the extension of the culvert that was under the "Old Race Track Road" to a distance l'ond his drive en•.trances. This does not pre- clude the fact that this may have been done, and no record kept. This is the extent of this investigation. • • • (September 12, 1967 - continued) 47 • 21. Memo from Mr. Cormier that arrangements were made through the Firemen's Association to have the Rescue Squalid from Stillwater to attend the fire exercise at Aldrich Arena, White Been Avenue at North St. Paul Road in Maplewood on September 9th at 9:00 M. M. 22. The advertisement for bids for a 19068 Model Pick Up -Truck for the Sanitation Department was read. Councilman Nolde: I move that we aodvertise for bids returnable on October 10, 1967. Councilman Peterson: I second the unction. (all in favor). 23. The City Administrator informed the Council that he could secure the services of George W. Anderson, who will be retiring from the Public Examiners office, to audit our books: rather than proceed with the contract With the.:Public Examiners Office. Councilman Peterson: We should get this figures before we make any decision in the matter. Mayors Do we have to engage the panic examiners or can we have any accountant do this work for us? City Administrator: It need not be the public examiners. Councilman Wohaers: Let's get the fll.gures and make a desision et -the next meeting. 24. The City Administrator informed the Council of the following costs for reprinting of Charter Books -- Bayport Printing• Co. -- The cost of-100 books would be $485.00. 1$200.00-of this is for plates and negatives and the baelance is miscellaneous costs). councilman Nolde: I move that we purchase 100 copies of the City Charter at, the price of $485.00 from the- Baypoort Printing Co., Bayport. Minnesota. Councilman Melstrom: I second the motion. ( Peterson opposed). 25. Notice of filing claim petition - Ad9eline B. Elliott, widow of Lee W. Elliott and the Industrial Connissioin of Minnesota dnd the McGarry Insurance Agency. 26. A memo from Will Cormier, Fire Chieft informing the Mayor and Council that Firefighter, David Colombo has complleted two (2) years of service in the Fire Department and is entitled to a9 grade increase in salary to $485.00 per month. Councilman Molds: I move that we accept the recommendation of the Fire Chief and grant this pay increase. Councilman Melstroms I second the emotion. (all in favor). UNFINISHED BUSINESS Memorandum of Settlement with the Stillwater Public Safety Association was taken care of at a special meeting at 7:00 P. M.. this evening. Re -appointment of James Mulvey to the Piecing Commission. After sone discussion it was suggest:ed that we contact Mr. Mulvey and find out whether or not he wishes too continue to serve on the Planning Commission and take action at a lateer meeting. In reference to gas rates for use in the naew Municipal Bldg., the City Administrator was asked to obtain the cost:: for heating by oil for the past year so that comparative figures can be made. • 48 (September 12, 1967 - continued) i'^ • • The City Engineer presented final plans and speccifications covering Local Improvement projects number 63, 64, 67 and 68 sand he informed the Council that his estimated cost to construct these protects amounted to $183,198.00. On nation of Councilman Nolde, seconded by Councilman Wohlers the plans and specifications as presented by the City Engines,: were approved. NEW BUSINESS On motion of Councilman Peterson, seconded by sCcuncilman wohlers the following persons were designated agents of the Council :for the purpose of opening bids received on Local Improbement Projects numbereud 63, 64, 67. and 68 oh -Sept- ember 19, 1967 at 11:00 o'clock forenoon. so tl:he bids could be tabulated in advance of the meetingaat which they are to bee considered by the Council as • provided in Minnesota Statutes Chhpter 429, Secretion 429.041. 1. Councilman Donald Molds 2. City Administrator, Lester Browser 3. City Attorney., Philip Eastwood 4. City Engineer, Ronald Ehlinger The foregoing persons were also directed to resod the bids aloud and fnfcrm the bidders present at the bid opening that this bids will' be' considered at the Council meeting to be held on September 190, 1967 at 7:30 o'clock P. M. The minutes of the Planning Advisory Commissicon Of the -August 22, 1967 meetingwas receibed in the mail by all Council members. On motion of Councilman Peterson, seconded by •Councilman Wohlers the Building Inspector's Report for. the month of August, 19467 was ordered filed. The Mayorannounced that the Council would meet on Thursday, September 14th, 1967 at 2:00 P. M. on a Land Exchange with thee NSP and at 3:00 P. M. Si the Secondary Sewer Treatment fees to other units of government and further consideration of the agreement with the Publics Safety- Association. ORDINANCES,.,.. The second reading of the Minimum Housing Codes Ordinance was postponed until September 19th. 1967. On motion of Councilman Peterson, seconded by Councilman Melstrom the Admin- istrator made the second reading of an ordinance entitled, "An Ordinance Regulating Parking in the City of Stillwater, Minnesota and Providing a Penalty for Violation thereof". 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. On motion of Councilman.Melstrom. seconded by Councilman Wohlers the Administrator made the second reading of an ordinance entitlled, "An Ordinance Amending 'An Ordinance Authorizing the Installation of Parlaing Meters to Regulate Traffic'. Passed August 5, 1947, Published August 8, 190*7, and Amended October 11, 1966, and Published October 21, 1966." The ordinance was read section by section, followed by roll call after each section and all members of the Council voted in the affirmative except Councilman Nolde. The chair then put the question, "Shall this ordinance pass?" and on roll call the ordinance was adoppted. (Councilman Nolde was opposed). • • (September 12, 1967 - continued) 49 On motion of Councilman Nolde, seconded by Counciilman Wohlers the Administrator made the second reading of an ordinance entitled„ "An Ordinance Amending An Ordinance Entitled 'Zoning Ordinance of the City of Stillwater". The ordinance was read section by section fllollowed by roll call after each section and all members of the Council voted in tthe affirmative except Councilman Nolde who abstained. The chair then put the guesstion. "Shall this ordinance pass?" and on roll call the ordinance was adopted. tCoLamc ilman Molds abstained from voting. RESOLUTIONS The following resolutions were read and on roll ecaLl unanimously adopted. *1. Approving Engineer's plans for Street !Projects and order improvements for Local Improvement #63 South Sixth :Street - Hancock Street to Orleans Street. *2. Approving Engineer's plans for street projects and order improvments for Local Improvement #64 North Brick :Street (North Birchwood Drive) from Myrtle Street to Linden Street. *3. Approving Engineer's plans for street projects and order improvements on Local Improvement #67 Echo Lane from Myrtle Street to West Linden Street. *4. Approving Engineer's plans for street projects and order improvements for Local Improvement #68 West Linden :Street from Owen Street to Westerly Bnd. **5. Resolution on Additional On -Sale Liquoor License -Restaurant. **6. Resolutions for re-assesswsnts for parTting facilities. 7. Resolution for additional compensation, for Verdon Gedatus 8. Resolution for annexation Of Charlsen :property. 9. Resolution to engage in contract with :canister Engineer for the Secondary Sewage Treatment Plant. 10. Payment of Bills *11. Advertise for bids for loader, grader and street garage. 12. Acceptance of the services of Gordon Ilcon & Metal Co. for Dump Services. 13. Increase compensation for David Colosddo 14. Appointment of Police Chief and setting his salary. • Repassed September 22 as not published within 10 days. ** To be repassed as no legal counsel available to prepare same. DELEGATIONS (out of order) Leighton Charism: I have an op=or}unity to selll the garbage route to someone who can take care of it. The buyer is interesteed in only the residental pickups. In order to take care of the business places, dopes the City want to grant more than one license for this pickup service? I wish to advise the Council that my property is coming before the Municipal Commission and I would like to have the propertyy annexed to the City but it will not be for a dump there in the future. People in the area have objected to it when I was going to dispose of this property which alButts the City on the South and the East. COUNCIL CHAMBER Stillwater, Minnesota SPECIAL MEETING Segitember 14, 1967 3:30 P.M. Meeting called to order by President Powell Present: Councilmen Meletrom, Nolde, Patterson, Wohlers and President Powell. Also present: City Administratsor, City Attorney and Mr. A. W.Banister of Banister Engineering. Mr. Banister: You directed that the Citty Administrator, City Attorney and City Engineer get together and work up a base contract you might present to Stillwater Township and Oak Park Heights and also a schedule of rates and we did meet on the afternoon of July 18th for this purprse. We came up with the following report: S.ee reports 9-10-67 Rates and Charges to Village of Oak Park Heights and Stillwat..er Township and report 9-12-67 Value of existing plant adjusted to Dept. of Inte:Tior cost index of April, 1967, using "Minneapolis Base" (ENR-June 15, 1967 i:.ssue). City Attorney: What is the alternate to. your proposal? Mr. Banister: Not to give them an adjustment of the government grant. They couldcome back with the fact that you f:iinance this for a long time. Are youwilling to subscribe to the propoosal that the committee came up with. we might get into some other items. Thesse coats are based on April of 1967. Councilman` Peterson: What are the curresnt index costs? Mt. Banister: The current costs will be available in October. The indices are published four times a year and the ones for this quarter are not available as ;; yet. The difference in figures between tthis report and the previous ones is based Ona more current report. Councilman Peterson: What about the land we are going to exchange with N.S.P.? Mr . -Banister: This will be in the futures improvement coats. The direct costs of maintenance will be adjusted each yearn. Mayor: Does any of the Council have any objections in determining the value of the capital investment? Councilman Molde: Did some of this reporrt come out of the committee that was set up for this project? Mr. Banister: The basis of this computaation was made with the City Administrator. City Attorney and City Engineer. Discussion was held regarding payment brother units of government and it was agreed that no interest be charged if a .Lump sum payment is made. If annual pay- ments are made there would be an interes-:t charge of 5% per annum which included administrative costs. Councilman Peterson: I move that we accept the revised report of the Committee for the Secondary Treatment Plant. Councilman Nolde: I second the motion. (all in favor). Mr. Banister: First we will consider thee schedule of rates and charges as shown on the report marked 9-10-67. City Engineer: Two men work at the plant plus Jack Shelton. City Attorney: What is the amount of money in our sewage fund? (September 14, 1967 - continued) City Administrators We don't care how they charge to their customers. They could build their own reserve fund. Mr. Banister: The 9-10-67 report is only an example the way it can work out. It is your decision as to whether or not you want to pass this information on to Oak Park Heights prior to the meeting of September 21et. Mayor: We will these figures to the meeting with Oak Park copy of this report eshould also go to the Pollution ControlHeights Commission.. A Mr.Banister: The Minnesota Pollution Agency has not approved their plant and specifications. (Oak Park Heights). Councilman Melstrom: I move that these two examples be approved and the com- mittee report be sent to the clerk of Oak Pasrk Heights and Stillwater Township. Councilman Wohlers: I second the motion. QAll in favor). (The City .Administrator was instructed to write a lettere oak park Heights and.stillwater Township on this matter). Councilman Peterson left at this point. Councilman Abide: I move that we accept the lease for property from H.S.P. (Gravel pit sold to H.S.P. and leased by City). Councilman: Melstrom: I second the motion. (All in favor). City Administrators Does the Council wish to negotiate a counterpropoeal, with Mr. Robert Haines forthe dumpsite:: and serviice7 The proposal he submitted is too high and I.:: would be :willing to negotiate. ,:I would like to have the Mayor ask the Councill how much they are willing to pay per:, year for this dump service. Mayor: I suggest we use the figure of $12,5500 which we had used for negotiating with Mr.Charlsen as a basis for this matter.. I suggest that Mr. Haines, 'Mr., Brower and myself meet to see how close we scan get to this figure rather'. than tying up the. tine. of the entire Council on tthis matter. Councilman Wilde: Would you include a number of years in such a contract?„ City Administrator: He wants a five year contract. Councilman Holde: Would we have to advertise for bids? Councilman Wohlers: He seems. to feel that we should talk to Stillwater .Town- ship about the cost of a permit. Councilman Nolde: I move that the Mayor, City Administrator and Mr. Haines, meet to negotiate a contract for the dump. Councilman Melstrom. I second the motion. (all in favor). City Administrator: In view of the press of business at this tine of the year along with the budget and the fact that everything comes in the fall of the year, if it is okay to take my vacation ducting the slack time of next yeer.and combine the two year's into one. Councilman Holds: I move that the City Administrator take his vacation for this year and next year at the same time isn 1968. Councilman Melstrom: I second the motion. (All in favor). City Administrator read the proposed resolvution involving the hiring of the new Police Chief which met with Council approval. ppm (Sieptember 14, 1967 - continued) Mena from the City Engineer regarding truck ramps on the south side of Commercial Avenue between Myrtle Alley and North Second Street. The City Engineer recom- mended that all meters be removed from the south side of Commercial Avenue in this area. Also after operations are in rprogress to remove some of the meters on the north side of this street to £acilittate the pavement of traffic, which' can be determined after the business is in operation. This operation would de- lete pedestrian traffic in this area. Councilman Nolde: I move that Rooley's be given permission to construct park- ing rampe on Commercial Avenue and follow tthe recommendations of the City,:En- gineer. Councilman Mohler.: I second the motion. (all in favor). Public Safety Agreement was discussed and $the city Administrator mentioned that. we would have to hire two more patrolmen Dior the Police Department and these men Should be tested and that the Auxiliary Police should be given priority for any openings in the Police Department. It wassuggestsd that the following be addled to the Agreement: Article XIV-- after departments, add - in addition to the list set forth in this contract. Councilman Melstram: I suggest that we chaange the title to.'Reasons for Div... missal" and add, in addition to the reasons listed below and use the same list as is used in Local 49 contract with the Sttree employees. On motion of Councilman Mohlers, seconded Iby Councilman i4elst� the :eeting adjourned at 5:40 P.M. J\ fin Attest: 54 COUNCIL CHAMBER llsoo A.M. Stillwater, Minnesota September 19, 1967. BID OPENING Present: City Administrator, City Attorney and City Engineer The City Administrator informed the bidders that the Council had designated the following persons as their agents to open bids on Local Improvement pro- ject No. 63-64-67 and 68, City Administratoa, City Attorney and City Engineer. (agents designated September 12, 1967). The following bids were then opened and reads aloud: Bid No. 1 Bid No. 2 Bid No. 3 Bid No. 4 Bid No. 5 Bid No. 6 Moelter Construction Co. RFD.# 5, Stillwater Total Bid Start work date 9-25-67 Complete date :8-15-68 Bituminous Surface Treating Co. P.O. Box 193 Inver Grove Heights 55075 $147,40400` total Bid. $144,540:20 Start work date - Within 10 days after award of contract Complete date 79-15-68 Marvin Rehbeinq Landscaping, Inc. 1585 Birch St. Hugo, Minnesota Total bid $153,119.40 Start work date 10-2-67 Complete date 6-15-68 James D.Wolff Co. 400 Whitall St. St.Paul, Minnesota 55101 :Total Bid $149,368.10 Start work date :10-10-67 Complete date 7-15-68 R. D. McLean Construction Co., Inc. 1207 S.E. 6th St. Forest Lake, Minnesota 9ota1 Bid $169,610.75 Start work date 110-15-67 Complete date 7-30-68 Robert W. Moore Co. 1130 North Snelling Avenue St. Paul, Minnesota Tvotal Bid $141.822.45 Start work date 100-2-67 Complete date 77-1-68 Bid No. 7 Alexander Construction Co., jnc. 4641 Hiawatha Avenue Minneapolis, Minnesota. 55406 (September 19, 1967 - continued) Total Bid $142,283.15 Start work demote 10-2-67 Complete dates 7-1-68 City Administrator: Any questions, gentlemeen7 City Administrator: Mr. Engineer, do you halve any questions to ask these gentle- men at this time. City Engineer: No. City Administrator: The bids will be tabulasted this afternoon and the contract will be awarded this evening at 7:30 P.M. Bid opening completed at 12:00 o'clock noon.. Attest: City Clerk COUNCIL CHAMBER 7:30 P.M. Stillwater, Minn September 19, 1967 Regular Meeting The meeting was called to order by President Moen The opening prayer was given by the City Administrator Present: Councilmen Nolde, Peterson, Wohiers and President Powell Absent: Councilman Melstrom Also Present: City Administrator, City Engineer, City Attorney, Chief of Police, Officer Gedatus DELEGATIONS (out of Order) Mayor: Tonight I have the honor of making two presentations. The first one is for, the Pedestrian Safety Citation by the Asserican Automobile Association to be presented by Mr. Paul Jack of the St. Paul Automobile Association: I will .ask that all school police and school representatives who are here this evening for this presentation would come Forward and identify them- selves and sit in the chairs up front. The following were present for this award: School police - David Falde Washington School Jim Wallace St. Ma::rys Parochial School Other Delegates - Florence 'McLaughlirn Burnell Anderson David Graham Verdon Gedatus, Pant Acting Chief of Police Mr.. Paul Jack: The American Automobile Association and the Automobile Club of St. Paul wishes to present this Pedestrian *Citation to the City of Still Water. This is particularly outstanding When you stop to consider that it' covers a period of seven years. It is a creditt to all of the residents of the community,the city officials, the teachers and the Police Department for making,: this possible. We are all pedestriansoof the city including myself.. (Mr. Jack then presented the plaque to Mr. Gedaatus who expressed hie thanks on behalf of the citizen of the City of Stillvater.) Mayor: Thanks to all concerned. At this times I wish to introduce to you the new police Chief, Mr. Wallace Abrahamson, vubo comes to us from Virginia, Minnesota. (at this point in the meeting the Gazette photoographer photographed all people concerned with this award as named above.) Mayor Powell: The other award that I have to snake this evening is to Mrs. Arnold Alcorn who will accept the award for hers husband who is unable to be with us this evening. Mr. Arnold Alcorn won ate Tank Truck Championship in national competition at Tulsa, Oklahoma. The Mayor read the resolution and then presented Mrs. Alcorn with a signed copy eto which was affixed the seal of the City of Stillwater. UNFINISHED BUSINESS (out of order) This was the day and time set for a hearing on Local Improvements 63,64,67.68- (South Sixth Street, Birchwood Drive North, Bohm Lane and West Linden Street). • 1(Septlmber 19, 1967 - continued) 57 The Clerk read the notice of hearing aloud: tthe Mayor inquired if the notice for hearing was published and the Clerk informed the Council that the notice for hear- ing was published in the official newspaper oaf the City of Stillwater, The Stillwater - Evening Gazette. on September 5 and 12, and as copy of the notice was mailed to all known property owners. The Mayor then opened the hearing and turned) the meeting over to the City Engineer. City Engineer: The cost per front foot will_ be $7.45 per front foot, the estimated cost per lot for sanitary sewer service will be $160.40 per service and the esti- mated cost per lot for water service will bee $163.15 per service. We opened bids this morning at 11:00 to gives you people possibly a little closer figure that the contractors have submitted cover our estimated costs. These bids have been tabulated and an estimated cost hams been figured from these. The ori- ginal estimate was $8.39 per foot and now according to the bids received this morning the cost will be $7.45 per front foot. (estimated cost). This will in- clude curb and gutter of concrete and a two inch bituminous street and the cost of moving any hydrants. It is proposed that any empty lots that there are on these streets the sewer and water will be stubbed in. The cost of the storm sew- ers in all of these streets will be picked aim by the City of Stillwater. All driveways will be a minimum of 12 feet. Harold Haver., 1520 West Linden Street: ing, surfacing and gutters? City Engineer: The estimated price for the street surfacing is $101,025.15. The citypicks up 29W of these amounts. 56,726.05 The storm sewer costs, picked up by city. arm56,726.05 The storm sewer and surfacing are 14 sewer services for a total of $2,245.27 19 water services for a total. of 3,099.29 Mayor Powell: What load weight will such streets carry? City.Engineer: Five ton axle weight. Mel Ludwig, 1118 Met Linden St.: What happeens when you have banks on the streets to be done as far as curbing is concerned? Mayor: We cannot take out a few feet. Mr. Ludwig: I have 160 feet along with Mr.:Froshner and this abuts right to the bank. City Engineer: If there is no curbing there will be storm water which would eventually ruin your bank. Harold Gaveres What is the coat of the curb and gutters? City Engineer: Curb and gutter costs are pcart of the street surfacing costs. Winfred Ulrich, 127 Birchwood Drive No. HOW long before the water will be taken from the pond and what will happen to it? There are about 30 children in that particular block and I feel we need some control on this matter. Mayor: I asked about that, too. Mr. Ulrich: At the present time water comma into that pond from about six blocks in the area. Alt that water goes in and the ground can't take it any more. The first few years this area was pretty much ww4ls but now it is all water. If they are going to continue the pond, there shoulld be something done about the weeds. I agreed to the easement and would like something done about this pond. City Engineer: In regard to Mr. Ulrich's question, it is proposed that the storm sewer on Linden will go down Robin Lane to MoKusick and that portion on Echo Lane will go into the pond. It is proposed and in this plan that there will be a pipe in the ground under the street that at Some future date, particularly to the South Grove and Ramsey Street area when it is surfaced, and you will not get more Can we have a breakdown of the curb- (September 19, 1967 - continued) r'^ • • but much quicker drainage into Mr. Ulrich's pond and then into the other pond. There will be a lift used to make the water go into McKusick Lake. It is also hoped to use Echo Lane so that we can control that by building up that pond for skating areas. Mr. Ulrich: Now there are twice the homes as in the past. How long in the future if the situation gets bad, will they take care of it as it comas up? Mayor:; I can see your point. I will say tills that I think that eventually the water that comes down there without a sttorm sewer eventually gets there. I don't feel the extra water is going to be so ouch. If :t does get too high something should be do::e. Mr. Ulrich: Can you put it on record that fit will be done when it gets out of control? Mayor: I can see no reason why the Council can't act in accord. Mr.Eugene Boyce, 1222 West Myrtle Street. an regard to your statement in,re- gard 7,b diking the pond. Are you going to ffill or remove dirt? City Engineer: We will not remove anything from the pond area. We will- cut down the west and south sides of the pond. (name of party unknown) Actually you will toe filling. I would liketo ex- press disagreement with this. How are we goeing to have the volume . for,;:the reservoir. After every rain that we have, aet least anywhere from 10 to 20 cubic yards of dirt come in with each and savory rain. I don't want to :build' sand dikes in the back yard to take care of this volume. There are other areas where the fill could be put. I am all for this area to be developed for recreation. City Engineer: If we don't proceed to dike tthe south edge of this pond you will have a heavier water problem than you have had in the past. Mr. Reschke: I have been filling ,:_ property and the city property with fill to make it level. I would be willing to increase the volume in the pond. City Eningeer: We will increase the volume lby diking the pond. We do not :in- tend to decrease the size of the pond. Mr. Rashcke: Natural fill is our only way otf stopping this drainage. Will the street Level be raised in front of any property? City Engineer: It is intended that the street right-of-way in this particular place will come up 21/2 to 3 feet. Raymond Wentzel, 1306 west Linden Street. I would like to ask one question. If this is approved when will the work commerce? Will begin City Engineer: The actual work/after all thidngs are ready to put in curb and gutter, it is hoped and it was called for that we get the sanitary -sewer and'" water service done this fall. Then in case re get a bad spring we will be able to pick up after the street is surfaced by tits contractor. The stalingdata of the low bidder is September 25th. Mt. Wentzel: How did you arrive at the 36 foot width for the streets? City Engineer: 36 feet was the width adopted3 by the Council some years back. Mt. Boyce: Water coming down Myrtle from Ech,u Lane is quite substantial and we are wonder* if something is going to be d3one about that? City Engineer: A catch basin will be put inc on that corner and a curb wrapped around that corner. Bob Kelly: We are attorneys for the School Dslstrict 834. I am here to get some information concerning improvements with: relation to District 834, as to the improvements and to its costs. The other- request that I had is that the (Septrember 19, 1967 - continued) 59 • • School District Board meets on Thursday of thais week. The School Board asks that you hold off until after this meeting. 'They would like to have an oppor- tunity to pass on this. The benefits to the school would be considered and we would like to know what the cost would be. City Engineer: Roughly they would have 1,0004 feet at $7.45 per foot. Bob Reify: Would this be the same area that the school granted the slope ease- ments on? City Engineer: Yes. Mr. Paul Connors, 1309 South Sixth Street. I am wondering if the bituminous surfacing on this street will hold on the hil_L. city Engineer: I believe it will, providing someone doesn't go out and arbi- trarily punch holes in it. We have it on hil_Ls where the grade is greater and we have no problems. Mr. Connors: Where are these streets located?? City. Engineer: Orleans in Forest Hills is onus of them. Mr. Ulrich: Is it necessary to hold up this ;_project for one street for the school? We have been waiting a long time for -this road. Mayor: your point is well taken. They would like to wait until Thursday which is only two days away. Mr. Ulrich: What if they reject it? Mayor: This evening we will have a vote who _1s in favor and we will have to go bya majority vote. The fact that the.: school board wants two days should not de- lay the start of these projects, would it, Mr.. Engineer? City.Engineer: No, Nt. Mayor, it will take att least two days to -net all machin- ery in operation. Mr. Reschke: You state that the cost will be $7.45 per foot. What is the assur- ance this is the cost? City Engineer: With the bids opened, we have a firm bid. Of course, this could very easily fluctuate 5 m 100 one way or the other. The contractors• price is based on unit prices for each individual item.. This is what he abides by. (name unknown) What is the usual method of payment? Mayor: ..This is determined by the Council the number of years over which it will be spread over the tax rolls. Nr. Kelly: you have not determined the number( of years as yet? Mayor: No, we have not. Harold Pauley: 314 Echo Lane: When you had adore the other streets. the rate was $7.00 per foot. Mayor: However, they were State Aid streets where the cost ran $17.00 or $18.00 per foot. On the recent streets done they were concrete and rather than the full amount, the maximum of $7.00 was set.. However. all streets that are in the residential areas we did not set any set aamount. Mt. mashcke: when the original petition which was only for estimates was circu- lated, I expressed a desire on a long term basis lease for a minimum of a 20 year period. Facts and fig, - es available for this comparison,would you express your own opinion on this. • (September 19, 1967 - continued) • • City Engineers A representative from the P•oetland Cement Co. was in my office and he stated that to go concrete one these jobs it would increase the initial cost by 306. Bituminous surfacing properly seal coated esvery three or five years will last roughly 15 to 20 years. When you haves to maintain concrete streets it is about 15 years. Your additional costa for concrete streets would be above the initial cost seal coated five tines which will get you up to 25 years. Mr. Connors: Where will the catch basins l e located on South Sixth? City Engineer: They will be on Marsh Street on the south side, due to the low spot at the bottom of the hill. Part of the South Sixth Street will flow toward Orleans but not a great deal o8 it. The bulk of it will be north and this will be a special designed l asin with a large opening. Wm. Eckhardt, Now deep would City Engineer: edge minimum. Mr. Gavere: den Street. 212 Birchwood Drive, No. the concrete street be? It would be 7 inches at the crown and L am not sure Vet the description City Engineer: At the end of the is on platted /street. Mr. Gavere: This is somewhat inconsistent that is as far as set -back. City: Engineer: This is not my categpry.. I confine myself with the right- of -ways. Mr. Garen: This house did not have propels set -back, that there was no street. City Engineer: According to the plat, it lie a street. Mr. Gavere: On the storm sewer, why is it necessary? City Engineer: Where do you propose to go without storm sewers? 5 inches at the outer the west end of ' Lin It is beyond Brick. r' Mr. Gavere: necessary? CityEngineer: It is necessary to contain the storm water and to keep the'- street from washing out. with other rules on this street. - they were informed Why not let it go where it goers now? Why is curb and gutter Mt. Gaveres I drive down one every day. City Engineer: That is an oiled surfaced :street. Mr. Gavere: What will be done about the cihuck holes on this street? City Engineer: Chuck holes on an oiled street cannot be bladed. Mt. Gaveres Thera must be some way to fil:.l up such holes. City Engineer: The City of Stillwater :maintains a policy not to oil streets because it just doesn't work out. Bitumi:.sous filling or gravel will just not hold on such streets. Mr. Gavere: Some of the patches made did :stay for three or four months on this street. City Engineer: This is not sound economy. (Se.ptember 19, 1967 - continued) 61 Mayor: We will have a sh;:w of hands on theme projects. Mr. Raschke: Do i have one or more votes siince I own several lots involved? Mayor: You have but one vote. Mr. Ulrich: Parties not here tonite, do their votes count? All the property owners signed except Mr. A show of hands showed 22 in favor and 4 oppposed. Councilman Peterson: Mr. Kelly, when was yoour last School Board meeting? Mr. Kelly: This matter was not on the agend9a at that time which was two weeks ago. xe did grant the slope easements. Mr. Raschke:. My feeling is strictly in the poocketbook when questioning one. vote per owner. Do you have a valid reason for this? Councilman Peterson: This vote is not an official vote. This is just togive the Council some idea of the general rule. -We have signed petitions on all of these. streets. Mr.Raschke: The petition I signed was only for an estimate. Mayor: The petition on Brick Street was for a street and, the cost but asMr. Ulrich said, it was almost 100%... You have a bearing end if the cost is exhor- bitant, you can change your mind. The vote that was asked for is just a gen- eralconsensus... The Counciltakesaction from this vote. Bob Lan,, 213 Echo Lane: The petition was int .typingand if you want to give him three votes it would still be a majority in favor. Mr. Connors: Do we have any guarantee on this hill on Sixth Street from washing out?:.. City Engineer: If that hill comes down, I wiill be hard to get hold of at the office. The contractoris bonded and this ruons fora period of one year:after the project is completed. Construction will not be complete until next .year. According to his computation, that would be 19e6E. All of these projects are in one contract but South Sixth Street is the fiarst one to be done and the hand would be one year from the completion date. Mr. Connors:. This coming spring or fall, whaat do the people beyond us . do for fire protection? City Engineer: You mean in regard to the muds hole? Mr. Connors: This is caused from water. City Engineer:. It is our intent to get the satorm sewers in this fall and this would alleviate this situation. It will be use to the cont-actor to take care of this if it is his fault. Mrs. Robert Tennant, 1031 West Abbott Street: Is there some reason why the streets are not separated as far as the asses.:anent goes? Mayor: The reason the streets were put in on.e project was to give a more .:.favorable price on the over-all job. Mrs. Tennant: I feel that most of the waters were from South Sixth. Mayor: I can see your point. Mr. Raschke: In Linden Street, I understand tthe sewer is so deep that it has tote stubbed up. Will you still be charged &or this $160.00 stubbing in? City Engineer: On Linden Street the bulk of thie sewer services are stubbed in at the present time. The charge be made only where we put in both sewer and water. (:September 19, 1967 - continued) Mr. Raechke: Will all services be stubbed i:n? On Myrtle Street presently, I understand the water and gas was stubbed intro the lot so that you would not have to ear up the street. If you had to ge,t us water, would this be stubbed in with the sewer. City Engineer: It is our intent that any eumpty lots, we will stub in the sewer and water. Mayor: This has been our plan in the past few years to do this so that we do not have to tear up the street. City Engineer: We will get in touch with N..S.P. and the Bell Telephone Co. on their installations, also. Nr. Ludwig: Why don't they fill in chuck hooles in West Linden Street? City Engineer: If we put in bituminous we might just as well put it in a rat hole. If these projects go through, this wiill take care of it. Mt. Lange: Can we force this on N.S.P. and the telephone company? City Engineer: We will have a meeting and they are to contact property owners that do not have these stubbed in. We are fortunate in that most of the gas lines are in the boulevard areas. Nr. ?? Is there any way you can make N.: S.P. take care of streets that 'they have torn up? I am referring to Owen Streets in particular. Mayor: As far as Owen Street is concerned, the county is planning to re -do this street next year and that is the reason, they have put in this gas line before this resurfacing is done. Mayor: We haven't answered Mrs. Tenant's gnuestion. Mayor: Thos who came down to petition for S.:outh Sixth really wanted something done. They said that they couldn't get in a -ad out during the spring. Mr. Connors: Nr. Tennant and two others didl not sign this petition. Mayor: We will take a hand vote on South Si:.xth. (results - 5 in fa•or and 1 opposed.) Mr. Reschke: On lots that are not presently- improved, is it proposed that driveways will be installed at this time at these locations without additional cost? City Engineer: It would depend upon the numbber of driveways to be put in. This is a big item. It would depend upon thee number and how much it would fluctuate the entire cost, and what would bee the alternative at a future date. Mr. Rasheke: The statement was made that thi_s was a straw vote, yet it seems to be very binding. Councilman Peterson: This is the vote of thae council. They have the final vote on it. A vote was taken more or less to give the Council a consensus of opinion. Mayor: It is generally found that the people that come to a hearing usually object or they are so strongly in favor that they want to make sure it goes through. Then you have to take into consideeration if 25% of your street come and are in opposition to it, it is reasonable to say that a large percentage are in favor. Mr. Eckhardt: What can you do to keep five t_on trucks off the streets? City Engineer: By patroling such a street. The occasions are very rare and I might say that the concrete companies that baring in concrete will call and in- quire which streets they may travel over. Dlte council has on record a resolu- tion giving the load limits on our residential streets. This we try to enforce. (September 19, 1967 - continued) Mr. Ulrich: Do I understand that you can get a driveway put in considerably cheaper by the same contractor working on a paerticular street? City Engineer: This possible and you would heave to negotiate with the contractor. Mr. Ulrich: Will we know in ample time? City Engineer: Yes. Mt. Connors: The storm sewer connections down Fifth and Sixth, how much will this take away? City . Engineer: I will have to give you this 'without checking the plans but the sewer line was designed at the time it wars put in there to drain all this areaexcept when the present inlet is plugged.. We took out the old one and replaced it. We dug the old one out and put :a new one in the same place. Mayor: If you have a question which pertains to your property, would you .please speak to the engineer in private. We Ihave a long agenda ahead of us and we would like to proceed with it. .:The Mayor closed the hearing at 8:45 2. M., arnd declared a ten minute recess before proceeding. RECONVENED AT 8:55 P. M. The. Mayor.introduced Mr. Wayne Loland who was recently hired to be an assistant to Mr. Lester Brower. APPLICATIONS None ronuNICATIONs None .;, DELEGATIONS OR INDIVIDUALS None PETITIONS None CITY ADMINISTRATORS.REPORT 1. Andrew Fuller called and informed me shalt there are $10,000 City of Stillwater bonds for sale by his firm namely E. J. IPrescott Co., and inquired if the City would like to pick them up at a discountof about $2.00 per bond and also save interest cost. These bonds are not colt:able. Councilman Molds: I suggest that we borrow this money from one of the other funds the access or collected and transfer the money back to the fund. Councilman Peterson: What is the rate o..f interest? City Administrator: I think it is 3%. Councilman Wohlers: I would be in favor of leaving it whero it is. Mayor: Was there a reason for this propoosal? 63 • • (Sap*Member 19, 1967 - continued) • • City Administrators They generally do this and moat cities take advantage of it. I sincerely doubt that you cou:id borrow money to invest money. Councilman Molds: I don't know how yawn can. Councilman Peterson: I don't mean borrowing money from a bank but borrow from another account and invest it. City Administrator: You could do this: but would have to speculate. Mayor: This would mean $1,000 bonds and ten .of them. (no action taken) 2. A letter to the Mayor and Council from: the State of Minnesota Pollution Control Agency setting up the date of :a meeting with Oak Park Heights for Thursday, September 21, 1967 at 8:00 P. M. at the new Stillwater Municipal Building. A second letter from Lyle J. Eckberg, :attorney for Oak Park Heights,. sr^. informing the Administrator that this meeting will be held this .date and -- time at the Village Hall in Oak Park Weights. The Administrator suggested that the Connell meet at the Municipal:Building on Thursday. September 21, 1967 at 82009 P. M. I believe we should .'be guided byythe letter from the Pollutiovn Control Agency. 3. A letter from Mr. Kermit Sommers of 1336 South Second Avenue and Orleans Street requesting permission to connectt on to the Oak Park Heights sewer and water system which is being installled in Orleans Street. Councilman Peterson: City Engineer, dos you know if he has sewer but he does not have water? City Engineer: He does have water but no sewer. Councilman Nolde: I recommend that we turn this over to the City Engineer for a recommendation. Councilman Peterson: I second the motiion. (all in favor). City Engineer: I believe he is out of the City limits. City Administrator: If he is outside of the City limits. then we}are>not concerned about the matter. 4. My secretary contacted Mr. James Mulvey/ about continuing to serve on the Planning Commission and he requested that he be excused from this commission. _.. Mayor: Mr. Allan Peterson would like Ito get back on the Commission. His resignation was accepted by the Cotoncil last spring. I told Nr. Peterson it was up to the Council to make a decision in the matter. You can act accordingly. Councilman Holds: I move that we lay txhis over and act on it at a later date. Councilman Peterson: I second the natilon. (all in favor). Mayor: I might mention that we have one of our Council members and the City Assessor as voting members on the planning Commission. Mr. Mulvey's term was up the end of last year and he was not attending the meetings and then last spring he began attending the meetings and that is why the matter was brought up. I would like to request that the Administrator send him a letter thasnking him for the services he made to the Planning Commission. 5. A memo from the Fire Chief requesting as leave of absence for Volunteer Firefighter, Charlie Mix from September 6, 1967. Councilman Peterson: I move that the request be granted. Councilman Nolde: I second the motion.. (all in favor). (Sept':ember 19, 1967 - continued) 65 ' e • 6. A bulletin from Municipal Finance in remgard to Fire Call charges from outside the City at Greenwood, South Caarolina in which they pave stopped answering any calls from outside the Ci.ty unless the property owner signed a contract with the City and paid $20.018 for a residence, $50.00 for a business or commercial building, and $1.0.00 for an industrial or manufactur- ing building or structure, per year. 7. Bulletin from the Minnesotans for Safe Water Supplies informing the Council about the law enacted requiring all municipalities furnishing public water to fluoridate. 8. Copies of the Emergency Snow Routes as prepared by the City Engineer was distributed to the council members. 9. From the First National Bank of Minneapeolis, Trust Department Escrow Accounts for authorization to invest $4,000 OSA 'Treasury Bills for a yield of $4.02. Councilman Peterson: I move that this authorization be granted. Councilman Nolde: I second the motion. (all in favor). 10. Invitation to attend the Regional League Meeting to be held in Red Wing on September 28, 1967. (no action taken). Mayor: Did the Engineer want Council approval on the Snow Emergency Routes? City ipgineer: This will have to be an. ordinance. The Council members discussed the matter of picking up cars-. parked on Streets for long periods of time which :interfere with snow plowing. City Attorney: The Council has turned :it down because of the insurance involved. The City has to carry insurance contract for pick up and have a heated place to store them. No garage :is interested in towing these away and has an available building for storage. Mayor: This will have to be worked out between the City Attorney and the Chief of Police to see what can be done to enforce it. DELEGATIONS (out of order) Nr. Vernon xumerow of Stillwater as chairman col the Washington County Republican Committee presented to the Council a petition - signed by Citizens in Washington County_which read as follows: "The 1967 Minnesota State Legislature paassed an excise tax bill with intent of relieving part of the tax payers prooperty tax burden by providing for state aids to municipalities and school districts in Minnesota. To insure that the taxpayer does receive the relief intended by the legislature, we the Below named citizens petition you to continue to exeercise fiscal responsibility and refrain as much as possible from increasing fiscal budgets so the full amount of real estate property tax relief intended by the State Legislature is given to the people." Mr. Eumerow: This petition was started becauase some people in the community were concerned about new programs being engageed in and which would use up the money. Mayor: I thank you and can say this as far an your city government is concerned and that is they are certainly going to try too hold the line. We have some things we have already promised and obligations we heave to make and these are probably in salaries. We are in debt because of snow 'removal and the heavy rain so that we feel that this year the money that we get Haack from the State will eliminate this debt. we hope in the future to make some decrease in the real estate property tax and give some relief to our citizens. Councilman Nolde: I think that our citizens should be informed and it is a proven fact, in the past years we have had a very conservative government and I am sure with the officials we have at the present timem we shall be able to continue the same record as we have in the past. • Meptamber 19, 1967 - continued) • • Mr. Euaerows It was not started in this paert of the county. Mayors I feel if you do this it should be done in this part of the county. Councilman Molder Regardless of what any tegislature has passed we are taking the best interest in our citizens with the least amount of money. Mayors This is good. UNFINISHED BUSINESS The Administrator informed the Council thatt according to the City Engineer, the R. N. Moore Co. of St. Paul, Minnesota. was the low bidder on Local Improvement Projects 63, 64, 67 and 68. Yvan had the public hearing tonite and it is,now up to the Council to make thus final decision in the matter. Councilman Nolde: wasn't there some conversation to wait for the school board meeting before we vote. Mayor: To avoid another meeting we could do this or not do this. Councilman Peterson: Are they going to call us? City Engineer: I was informed that we should call the school board and get their decision the first thing Friday morming. Mayor: Could we approve it tonite? If thaey vote "yes" it would be okay. Councilmen Peterson: I don't think_ we ehmuld vote without the echool'lboard's decision. Mayors. Thenwe will have a meeting Fridays and you will be notified by Mr. Brower. Mayors Are there any further discussions on the contract with the Public Safety: Association. I would entertaina motion to accept this agreement and pass a resolution and sign .sometime tomorrrow. Councilman Peterson: I move to introduce a resolution approving the agreement with the Public Safety Association and the City of Stillwater. Councilman Wohlerss I second the motion. (all in favor). (see resolutions). MEH BBSI888S None ORDIMANCBS None RESOLUTIONS The following resolutions were read and o:"n roll call unanimously adopted: 1. Directing payment of bills. 2. Recognition to Arnold Alcorn. 3. Acceptance of work on municipal) building --Dean Lundholm. *4. Ordering Street Improvement, Aroproving Plans and Specifications. Local Improvements 63, 64, 67 sand 68 *5. Accepting the bid for Local Imporovements 63, 64, 67 and 68. * not published within 10 days - repassecE 9-22-67. (September 19, 1967 - continued) 67 e 6. Accepting Public Safety Associations Agreement. 7. Accepting the work on Legion Bead* Facility -Diversified. ADJWRZU€ST On motion of Councilman Peterson, seconded 1-by Councilman Molde the meeting adjourned at 9:34 P. M. Mayor 68 e • COUNCIL CHAMBER STILLWATER, MINNESOTA September 22, 1967 10:00 A. M. SPECIAL MEETING Meeting called to order by Vice-president Nolide. Present: Councilman Melstrom, Nolde, Petersoon and Wohlers. Absent: President Powell Also Present: City Administrator and City Engineer Mr. Vernon Stensing, Chairman of the School Board,District 834 Vice-president Nolde: The problem is we had to advertise for bids for the street projects that could be done this year and we did not have a favorable petition from the property owners on Marsh Sttreet. Mr. Stenseng: We are very much concerned about Marsh Street between Fourth and Sixth Streets. With the growing school population there is more and more driving done on this street with our busses. We get all the heat and we are ruining our busses. We have been lead to bel-mieve in the past that if improve- ments were made on Sixth Street that they wousld also be made on Marsh Street. This is a must for us on this street. Vice President Nolde: Would the engineer ple-ase bring us up to date on the matter of Marsh Street? City Engineers We tried to put Marsh Street in from Sixth to Fifth when the school was first being built. The council an+d the property owners voted it down. This was for a forty (40) foot street :and the property owners would be d only for the normal 36 feet and the /school board would pay the difference for the extra four feet. The Counneil called a hearing and gave the cost to the people and the property owners at that time which were only four turned it down-- there was one who would go :along with it and the other three (3) voted it down. The matter was dropped althouogh it was our intention at one time to take care of Marsh Street. Vice President Nolde: We have some new peoplee and Mr. Junker stated that he could pay for one street but not for two at this time and Mr. Heaney is in favor. The school could petition to do Marsh Street and have a public hearing and try to get the thing done. Mr. Stenseng: The public interest has over-ruuled the wishes of the people in this case. City Engineer: Very true, the problem is these people said this is our side yard. if the school district uses it, let therm pay for it. We did not feel this was right since everyone else pays for stxandard streets. This was oily on the portion of Marsh Street between Fifth and Sixth. Mr. Stenseng: In reference to Sixth Street the School District is on one side of the street and we understand the vote as itr was. We have to look out for the school district as we are being assessed more and more every year. Vice President Nolde: The matter of Sixth Street came up to us by the Chief of the Fire Department that certain times of t=he year that if anything happened to the school there would be no access to the hydrants on Sixth Street. There were certain times of the year when we could mot get into Sixth Street with any type of heavy equipment. This is one of the / easons that we are interested in getting South Sixth Street done as soon as possible to avoid the handicaps and problems we have there. Mr. Stenseng: I would think this is a good arrgument to get Marsh Street done. • • (September 22, 1967 - continued) 69 • • Vice President Nolde: We could use the same amrugment with them if we have to. There are new property owners there now and it is possible that it will be approved. Mr. Stenseng: Don't you have the authority tco go ahead with this improvement in this case. This is an emergency. Our board discussed this very thoroughly and any improvements on Sixth Street should also incluode Marsh Street. If Marsh Street cannot be improved along with South Sixth, we have taken the alternative to fight it. Vice President Molds: As a Councilman I feel I have a responsibility to your problem in the school and to solve this problem I would feel very guilty if anything should happen and would be willing to go to tone homes of these four owners to get the street done. Mr. Stenseng: Our problem is getting greater each year with 1400 students and onlycone outlet for the busses. This is hurtling our equipment. You have seen it and have riden on it. Our board feels that something must be done and we feel that this is the time to do it. City Engineer: None of this work will be complleted until early next summer. We have already had the hearing in order to get this work started and to award the contract and hope to have Sixth Street completed this fall, weather permitting. Councilman Peterson: Are storm sewers needed on Marsh Street? City Engineer: There are storm sewers in Marsah Street. Vice President Nolde: The plans are drawn for this street which were prepared for the'previous hearing. We did not want it to ceome out in the paper tonite that we had awarded the contract without including Harrah Street and that is the reason we had you come to this meeting. Councilman Peterson: we had the hearings only - on the proposed projects and we will have to have another hearing for the the marsh Street project which wecan set at our next regular meeting. Mr. Stenseng: What happens if four of the five object to it? Councilman Peterson: It is our perogative to ,nut in the street. Mr. Stenseng: Can the Council arbitrarily do lit? Councilman Peterson: We haven't done it but wee could. Mr. Stenseng: Are you willing to do it? Vice president Nolde: We could resurface from Fifth to Sixth Street and remat for about $1.50 per foot from Fifth to Fourth Streeet. Councilman Peterson: You have another hearing and advertise for bids it would be apparent that the low bidder who is to be awaroded the contract for South Sixth Street would also be the low bidder for this paroject since he would be there and we would probably get a pretty good price on it. City Administrator: Is it feasible to mat the street without going through the regular procedure for the two blocks? City Engineer: It is not feasible since there is no base in the block from Fifth to Sixth street. Councilman Peterson: Can we save Fourth to Fiefth by matting? City Engineer: It is always advisable to tear it out and do it right. Councilman Peterson: Is there curb and gutter between Fourth and Fifth? Vice President Nolde: Actually between Fourth and Fifth we should be thinking of matting because one citizen owns the block. Wee could solve the problem by matting the block and re -do Fifth to Sixth. MEI 1 • • (September 22. 1967 - continued) r • • 1 Councilman Peterson: I would be in favor of rematting Fourth to Fifth and redoing Fifth to Sixth. If we can contact tchese property owners telling them that this is the thing to do. we can get started on the other projects now and I feel there is no sense in delaying thee whole project for a whole year so that we could include Marsh Street. Vice President Holde: I don't feel that we should hold up the other projects until we have the hearing on Marsh Street. The Council should take a stand on this matter and in this particular instance we have to protect all of the citizens. I would be very much in favor of it regardless what the citizens in this particular block had to say about it. Councilman Wohlers: I would go along with that. Councilman Melstrom: We will have to go aloeng with the bids which we have advertised for for South Sixth Street. Councilman Peterson: The people on Marsh Street haven't done anything about getting this work done. The people on Sixths Street wanted this work done and they petitioned for it. Vice President Molds: The agreement with them school was that they would pick up the additional cost for the wider street.. City Engineer: Because of the street being used for school busses it is. recommended that such streets should be forty (40) feet. Lot of the traffic that goes in and out of the school goes in sand out of Fifth Street and car traffic could swing off on Fifth. The bad b.Lock is between Fifth and Sixth., Mr. Stenseng. Sixth Street is improved thro*.ugh Marsh coming through as a gravel street. We would be glad to support tche project on the hearings. Vice President Solde: We have to award the:_se contracts in order to get these other streets going. We would have to wait :six weeks to include Marsh Street. Councilman Peterson: We would have to adver--tise for apparent low bidderwe have for the projects we advertised for. Mr. Stenseng: When is Sixth Street being dome: City Engineer: The apparent low bidder would start Monday. Mt. Stenseng: When will they have it completed: City Engineer: June 30, 1968 is the proposed finisheddate. Vice President Nolde: We would like to get: Sixth Street done this year. We did not want it to come out in the newspaper -without tieing in Marsh Street 'and that we did not pay any attention to the: request of the school board. City Engineer: The citizens on South Sixth :Street definietely want that Street done this year. Councilman Wohlers: If Sixth Street is dela_.yed again that would further complicate matters. Councilman Peterson: I would move that the *City Administrator be instructed to inform the property owners on Marsh Street between Fifth and Sixth that we propose to reconstruct a new street and that- the School District favors this action. and that the legal notices be mailed_ for the special hearing set by. the Council and necessary resolution publish._ed (just to have this in the records and set a date). Councilman Wohlers: I second this motion. (all in favor). Mr. Stenseng: I feel the public welfare will be well served by this action. Also while I am here we have another problem that is a traffic problem with students who drive to school. We have the estop sign at Hancock and in spite of the stop sign the kids are dragging. • • • (September 22, 1967 - continued) The City Administrator suggested that tl.he Chief of Police be asked to take care of this matter and he was contacted and came to the meeting at this point. Mr. Stenseng: We are concerned about tlhe traffic problem at 7:40 A. M. at the Senior High and at 3:00 P. M. when ever lone is dismissed at the same time and the kids are dragging. This problem has been compounded as the younger children are getting home at the same time as we haves changed our schedule. We would like to have a squad car in the area in the morning and afternoon. Chief of Police: We do have one at Soulth Sixth from 7:15 to 7:45 A. M. each day but we shall in the future have two in tche area of the Senior High -- one at South Sixth and another at Holcombe. c+we have had a lot of fighting problems in the area of the Parochial and Junior High Schools when school is dismissed. They are posing fake fights and some of the older citizens are disturbed and call the police. Vice President Nolde: I would suggest that you secure the license number of some of these "hot-rodders" by having a plainm clothesman stationed in this area for a couple of days and check out some of thesm and prosecute them. When they see the squad car they are angels, but if they °could be watched by a plain clothesman it might help to solve the problem. Mr. Stenseng: Might also suggest that tlhese License numbers be turned over to the School Board for further action. Chief of Police: I did mention to Mr. Sower that we would have a man in plain clothes to sit in this area to take care of this matter. (The Chief of Police was excused at= this point of the meeting) Mr. Stenseng: I will report to the Schoen' Board that you will expedite work on Fifth to Sixth on Marsh Street and remat Fourth to Fifth. You have the power to do it. Vice President Nolde: This is the only power we would have. (Mr. Stenseng left the meeting at -this point) Vice President, Nolde: Will you please g:ive us a report on the bids we received and your recommendations, Mr. City Engineer? City Engineer: R. W. Moore is low bidder. Rehbein second low instead of second high, Alexander Construction was third ano1 Bituminous Surface Treating Co. fourth. Moelter Construction Co. fifth, James D. Wolff Co. sixth and R. D. McLean Construction Co. seventh. My recommendation would be to award she contract to R. W. Moore Co. the low bidder. Councilman Peterson: I move that we aware the contract to R. w. Moore Co., St. Paul. Councilman Melstrom: I second the motion.. (all in favor) -- see resolutions. Councilman Peterson: Do you feel that we got pretty good bids on these projects? City Engineer: I know that R. W. Moore bi•_d exactly on the bibiminous surfacing and they will not be making a dime on that portion of the contract. A lot of these contractors do not have much work at the p:.resent time as the State has not approved any jobs as they are just in the planning :stages. Actually as near as we can tell these contractors in spite of increased cosats in labor and costs they are bidding cheaper this year than last year because o:f the shortage of jobs. They are attempting to keep their help. I would say that the ]bidding was rather tight. Looking at the tabulations you will note that all the bides are pretty close. They undercut my estimate by roughly $17,500 but on the street work it was less than $8,000.00. City Administrator: I took the liberty of calling some of the municipalities who had recently held elections on the liquor 1-icense for Sunday Liquor. I checked on White Bear -- they have voting machines ands so I called the clerk out there and talked to the manager and asked him what they did for their election. He stated that they used EMIpaper ballots as the cost was about one-ten-:th. I asked. "How did you do this?" It so happened in our case our attorney felt tlhat we could try to get by with paper ballot he stated. Gentlemen. I am not advo.eating this but only passing this information 71 4 • 72 (®eptenber 22, 1967 - continued) r • on to you. They used a simple paper ballot and prepared a resolution and conducted their election at a very small coast to the City. I would say 4,000 ballots would cost about $75.00. Councilman Peterson: I still feel we should! use a paper ballot. Councilman Wohlers: I don't see why we have to use voting machines. I feel paper ballots are just as legal as the manhunts as long as we have judges. City Administrator: It is the opinion of oumr City Attorney that we adhere to the law very strictly, then we must use the same procedure as in the last election. Two neighboring communities have used paper ballots, namely White Hear and Hastings both of which have voting machines. I am only passing this information on to you as I get it. The only. danger of not using the voting machines would be a disgruntled citizen coulLd contest it so that we would have to have another election. Councilman Peterson: I suggest that we rescind our previous action. City Administrator: I feel we should keep the same polling places. Councilman Peterson: I think we should keep. the polling places, the same hours, the same judges but not haul out the voting machines. Vice President Molde: We are running a good° government by giving the people a chance to vote. I know that the Mayor is :in favor of the paper ballots. Councilman Peterson: I was always in favor sof paper ballots but we were told we had to use the machines. Councilman Wohlers: If the other muncipalit=ies did it, why can't we? City. Administrator: The Council has already passed a resolution. Councilman Peterson: I move that the Councill rescind its action of August 15,' 1967, in regard to voting by voting machines and instead vote by paper ballot. Councilman Wohlers: I second the motion. ( all in favor). Vice President Molds: After talking the nattier of auditing the books over with the Mayor it would be in the interest off the City to hire George Anderson to make this audit. Councilman Peterson: If we can hire without advertising for bids and so long as we do not have to have a duplication. If we did have George Anderson do it. would we have to have the public examiners? City Administrator: The law reads an expert accountant or Public Examiner. Councilman Peterson: I move that we rescind Resolution 293080 calling for the audit of the City books from the period Jannuary 1, 1967 to January 1. 1968 by the Public Examiners, State of Minneaaota. Councilman Melstrom: I second the motion. (aell in favor). Councilman Peterson: I move that the City hiire Mr. George W. Anderson to audit the City books, affairs and records for: the period January 1. 1967 to January 1, 1968. Councilman Wohlers: I second the motion. (aell in favor). City Administrator: The Police Chief would llike the Council's approval to have certain members of the Auxiliary Police Forcee to take a course being offered at the Armory on riot control. The only expenses involved would be the pay for the time that these men attend this school. Vice President, Nolde: The Mayor feels that we should do this after discussing the matter with the Police Chief. It is just the matter of taking action to approve. • (September 22, 1967 - continued) uthorizes the Police ief to Concilmnove at we theariot control trainingh session. members Councilman Mistrals: 1 second the motion. Nall in favor). RESOLUTIONS The following resolutions were read and on roll call unanimously adopted: 1. Ordering Improvements and Accepting! the bid for Local Improvements 63, 64, 67 and 68. (Also constructi'_on of). 2. Advertise for bids for the Loader and street grader (repassed) 3. Advertise for bids for Street Gangue (repassed). +4. Rescind Resolution for election.- anod publish new one to hold: paper ballot election. 5. Rescind resolution to hire Public examiners and to publish a new resolution to hire George W. Anderson. + Not published - repassed 10-2-67 AAJOURRP RR'1' On motion of Councilman Peterson, Seconded ley Councilman Wohlers the meeting adjourned at 11:20 A. M. Attests City Clerk Rol Mayor 73 • • • Council Chambers Stillwater. Minnesota Special Meeting Present: Councilmen Melstrom, Nolde, Petersorn, Wohlers and President Powell Absent: None Also Present: City Administrator October- 2, 1967 3:30 P. M. City Administrator: I would like some indic:-ation from the Council as to whether or not salary adjustments are planned_ for the year 1968 so that we can proceed with the budget for the year 19682. I have given you a list of the names, length of service and current salaries of the employees not included under the contractsandagreements. I have also given you a list of pay raises which will be effective for employees under contract to use as a guide in making these adjustments. Councilman Nolde: We have the agreements with the Street Department,Sewage Treatment plant and the Public Safety Association and this is just for the people not involved in such agreements. Mayor: We have an unsigned contract with thee Chief of the Fire Department. If this contract had been signed, we would heave been frozen at $650.00 'for the Fire Chief. With the Police Chief and the unsigned contract that we have with the Fire Chief it might be such a thing that perhaps both the police and fire department when we hire a police chief or fine chief there could be a maximum of $650.00. There are going to be men in the Fire Department who will be making the same as he, and there will also be men irz the Police Department making more than the Chief. Councilman Peterson: The contract we had this was not a legal document anyway. Mayor: Phil felt since this was not signed. we would have to draw up a new one. This is something we could think about. I know in both cases if the salaries would be the same everybody would be happy. Councilman Nolde: Has Howard Albertson canted you? Mayor: You mean in reference to his assistant being City Attorney? We had two men in mind Howard Albertson and Harold Kimmel. Councilman Nolde: The only reason I brought= it up was that Mr. Brower brought this up, was that we could not hire him. Hee indicated that he was getting an opinion from the Attorney General's office. Mayor: We looked up the law. It sounded liike it was correct what Kimmel said. From a layman's point of view even though Kiim:el's firm is a member of a bank he could still serve as City Attorney. Councilman Nolde: Ed Simonet, Jr. questioned me why we did not do like the county had done and have interviews with anyyone who is interested in the position of City Attorney. Councilman Peterson: You mean that we shoutld indicate that we are looking for someone. Councilman Nolde: Even though you end up hiiring the man you originally wanted. There maybe men interested who we do not knosw about. Mayor: The way this whole thing turned out., I don't think we can do it any other way. It is common knowledge amongst tthe attorneys that Harold Kimmel has gotten the notice for the position. '. • • • Councilman Peterson: Mr. Kimmel indicated that he would not be able to take the job for sometime. It involved resignation from the Telephone Company. Mayor: Just letting them know that is all that is involved. If we are going to have him as our attorney we should do it, if we are going to do it at all. Councilman Peterson: we should talk to himn first and find out why he can't start immediately. Mayor: We should get it squared away. Councilman Nolde: I would like it mentioned that we interview other attorneys. I. would rather take awhile to give whoever might be interested to come in and get the opportunity for the job. I am only one person and in some respects it really doesn't make any difference. Ask the other fellows how they feel. Councilman Wohlers: I feel that all the attorneys should have a shot at it. However, I feel we should leave it the way it is. Councilman Peterson: Everyone knows Mr. Krismal is going to be the City Attorney. It would be nice to give the attorneys a clfeance. Councilman Nolde: The only reason I feel the way I do is what Ed Simonet said when he brought the matter to my attention that we should extend the courtesy to those who might be interested and find out who they are. Mayor: I see where we should have gone thaat route at the beginning. Councilman Peterson: At the time it seemed that we couldn't. Mayor: Because we did what we did and we walled Mr. Kimmel that the Council agreed he would be the man. If you do anything else but that, you have been insincere.. by doing just that. Councilman Peterson: I haven't changed my mind about Mr. Kimmel. Mayor: Who is Mr. Albertson's assistant? Councilman Peterson: Mr. Norton and Mr. Jeergens. Councilman Molds: Mr. Albertson called me and I told him what you tsldT:him and no man is hired until he is hired. If the attorney general's opinion is contrary to-what:we are doing then we will have to make some changes. Councilman Nolde: What if he comes out wieth an attorney's opinion and publishes it in the Gazette? Mayors We do not get one unless our attorney requests it. City Administator: The attorney general weon't give an opinion to just anyone except your city attorney or the county at--torney. At the present time we would have to operate through the County Attoxne:-y. Mayor: Right now we have one from Mr. Kimmel and another from Mr. Albertson. Councilman Peterson: As far as I am conce::rned we should make doubley sure that we can appoint a member of a firm when ano.ther partner of the firm is a trustee for a bank. Councilman Nolde: He called me and mentioned it to me and I thought that I should pass the information on to you. Mayor: We have two opinions on the same 1_aw. Councilman Melstrom: We selected Mr. Kimmel because the law has ben changed and felt there was no complications in this regard now, and we should stay with it. Mayor: I feel as Councilman Melstrom that: because we did this that we should continue this way. I also see the merit that Councilman Nolde had. Councilman Nolde: At least I wanted it on.. the records that I did mention this. Mayor: When we ask Mr. Kimmel to serve, c.muld we ask him to get an attorney's general opinion? (October 2, 1967 - continued) • • Councilman Peterson: Could we ask the county attorney to gat the opinion on this before we appoint the city attorney? City Administrator: It would be quite embaraasing to ask Mr. Kimmel to get an opinion and I feel that we should get one through the County Attorney. Councilman Nolde: I am not against Mr. Minaret but I felt that you al;. should have this information. Mayor: We will get an opinion from the Atto:.rney General through the County Attorney if that is agreeable to all. City Administrator: This is a legal matter :and I don't know what charters are involved. Is this a general provision or juast our charter? Councilman Peterson: I move that we appoint. Rod Lawson legal counsel for -the!. City of Stillwater to obtain this opinion. Councilman Mslstrom: I second the motion. (all in favor) - --- (The Mayor instructed the City Administrator to contact Mr. Rod Lawson to obtain the attorney general's- opinion in this matter). BALARI$S Dr. Carlson, Health Officer --There were some questions raised about'.'. this salary of $75.00 and it was decidaed to leave it at $75.00 perianth': GeorgeRegis Councilman Bolds: He indicated that he would like more. City Administrator: He agreed to take a cut in half if the School BHard• •. gave him more. Mayor: Leave as is for now. Councilman Peterson: How about raising it to $225.00 per month which would give him an increase of $10.00. Jeanette Lowry Mayor: I discussed this with you Mr. Bawer the other day and there is nothing we can do here. LaVonne Simon City Administrator: Her current salary is $290.00. Mayor: With two years of service she sheould be due for some kind of an increase. Councilman Peterson: HOW about $310.003? Mayor: Let's increase it to $325.00 whrich would give her an increase of $35.00 per month. Joel Blekus city Administrators His current salary is $387.50, and he is a hard worker and should be entitled to more. After considerable discussion it was agaeed to raise his monthly salary to $450,00 per month plus mileage. John Lawson: City Administrator: His current salary is $400.00 per month. It was suggested that we give him $100.070 more per month. We can use him and he is a valuable men to us at this time. After some discussion it was agreed to ggive him $475.00 per month. (October 2, 1967 - continued) 77 • • Rube Jacobson: City Administrator: His current salaery is $430.00. It was agreed to raise it to $465.00 peer month. Stanley Larson His current salary is $450.00 per montkt and he came to work for the City in August of 1967. It was agreed to increase his salary too $475.00 per month. Councilman Nolde: This is the year we should do something for our employees if we are going to at any time. Mayor: That is right, but we should be consaistent. Councilman Nolde: I feel the length of service is very important when we are considering these increases. Howard Hagen City Administrator: His current Salary/ is $550.00 per month and he get no overtime pay, and no extra pay. Mr._ Ehlinger has requested an increase of.$100.00.. per month. It was agreed to increase his monthly salary to $650.00 per month. Jack Shelton His current salary is $590.00 per month and Ron'e suggested figure in his budget shows $700.00 per month. It was agreed to make it $650.00 per month. Chief Cormier and Chief Abrahamson Mayor: How about the chief making 20% Nhigherthan the highest paid man on his force. Councilman Nolde: We should start righst now establishing a policy and pay both chiefs the same amount:. City Administrator: I feel Councilman kelde's suggestion for giving both chiefs the same amount is a good one. The final decision was to give each chief $700.00 per month fax the first six months and then increase it to $7.2for the second mix months. City Attorney The present salary is $650.00 per month... Mayor: I feel the attorney should write resolutions and take on more duties. Councilman Nolde: In time we will probasbly need a full time attorney. Mayor: I feel the duties should be spellled out to the new city attorney. He should be informed as to what he is to do. Wayne Loland His salary will remain at $650.00 since his employment just began as of September 15, 1967. Charles Thompson His current salary is $700.00 per month. Mention was made that this includes two departments and it was agreed to increase his salary to $775.00 per month. • • (October 2. 1967 - continued) • • Ron Ehlinaer His current salary is $810.00 per monthh and it was agreed to increase it to $875.00 per month. Mayor: There are very few City Engineers that are getting this little money. Most municipalities are paying, $900.00 and $1.000.00 per month. Of course. their duties here are less than the other places. Councilman Holds: I suggest $900.00 Fmer month. Councilman Peterson: I would favor $8975.00 per month. Councilman Melstrom: I would agree to $900.00 per month. Councilman wohlers: I would say $850_00 per month. The final agreed figure was $875.00 per month. Mr. Brower and Miss Schnell were asked to nave the Council Chambers while their salaries and that of Doris Katz were discussed. Upon their return they were infsmed of the following increases: Lester Brower from $810.00 to $920.00 per month. Doris Rutz from $410.00 to $435.00 pert month Dorothy Schnell from $400.00 per mantle to $425.00 for the last six months. SUNRAY LIOUOR ELECTION City Administrators --I hate to bring this scatter up again but the last Ehing Phil Eastwood did before he resigned was t© give me the following opinion in reference to the Liquor Referendum Election: "After reviewing your request for an opinion regarding procedure to be followed if you fulfill a resoluttion passed by the Council for the use of paper ballots for the upcominge special election on Sunday Liquor, my opinion is as follows: That the City of Stillwater cannot uses paper ballots at a special election anymore than that they could at a general election except as herr and after stated. The Attorney General has ruled in an .Attorney General's opinion. 518. January 29, 19E8 as follows: If voting machines are not available for an election, manual voting is permitted: therefore. if the voting machines of the City of Stillwater as established by Resolution 1893 pasased July 20, 1956 are not available. for the special election as ordered t=o be held on October 24, 1967. then in that event paper ballots or manual_ voting could be used. Further nothing in Resolution 1893 provides for the use of manual voting. All rules and instructions thereunder are for the use of voting machines as required by Minnesota Statutes 2096.02, now known as 206.02 and the said balance of said Chapter 206. Further, the City of Stillwater has asdopted Minnesota Statutes Chapter 209, now known as 206 nothing contained in said Chapter 206 allows for the use of manual voting in place of votiing machines" City Administrator: I have heard that some of the cities that had voting machines and they did a paper ballot election that somebody is going to contest one of these city's election Mayor: If we do this we as a council are the ones who have taken the option. to do this. Our decision to go paper ballot is that we wanted to save some money and now if we pull in our horns mayb a we could get into trouble. There is always the possibility of trouble. This was Council action. The Council decided to go by paper ballot. If the Council wishes to do anything else. it will have to go as done. :Matcher 2, 1967 - continued) 79 • Councilman Melstrom: In spite of the fact that Phil resigned quite graciously and he might pass on some information to the citis:ens that we reject this opinion then we could be in trouble. City Administrator: Phil might make a comment to the wrong person and it could cause trouble. I am quite sure Phil will mot go out and do anything to hurt us but the wrong persons would get hold of it and they would be the ones to make the trouble. Councilman Peterson: It is not the supposiition of the law and they must have ruled that they could do it. I assume that: they have voting machines. I still think we should go paper ballots. Mayor: Paper ballots will save us money. If it is to be changed it has to be done by notion to undo the motion of our special meeting. Councilman Melstrom: I move we rescind them action of the last special meeting and follow the City Attorney's opinion to go to voting machines. Councilman Wohlers: I second the motion. The Mayor called for a vote with the folloaming results: Ayes --Councilmen Melstrom and WoMiers Noyes--CouncilmenPeterson and Noolde (The Mayor abstained from voting-- motiuon not carried). Councilman Molds: The coat of paper ballots voting would be about one -tenth of the cost of voting by machine. The total cost would be about $200.00. Councilman Peterson: I still don't feel itt was the intent of the law. Councilman Wohlers. I still feel we shouldd go by voting machines as we would not want to go against the attorney general's opinion of the . law. City Administrator: We had no attorney general's opinion in regard to this law. These other cities went on the opinions of their own city attorneys. Councilman Wohlers. I thought they had thee opinion of the attorney general. In that case then I would change my decision con the matter. Mayor: Then our motion of the special meetting will hold and we will publish a resolution to that effect. Councilman Molds: Something we should conasider is a building for the storage of our voting machines which could also serve: as a polling place possibly for two of the wards. The City has the property and I believe such a building could be con- structed for about five or six thousand doellars and have a dual purpose. The proposed addition to the street garage wass out of line at $10.000.00. City Administrator: This sounds like a beenendous idea and I feel we should give it some consideration. City Administrator: The Chairman of the Mlunicipal Commission has ordered that the City be represented by Council or by Mtmyor or Council or its Administrator at a hearing to be held on Friday. October 6th, 1967 at 11:00 A. M. in the forenoon for the purpose of detemining whether or hoot the Anderson property on Olive Street should be annexed to the City of Stillwater and also to continue the hearing on the Charleen petition for annexation. Do you wish to appoint an attorney for this hearing s'.nce we do not have a city attorney at this time? Councilman Wchlers: I move that we appoint or hire Harold Kimmel to appear at this hearing. Councilman Peterson: I second the motion.. Councilman Nolde: I feel we should forget= about legal council in this instance. The attitude Anderson has taken about the whole matter why should we make any effort to fight it. Leave it up to the Commission. • • (October 2, 1967 - continued) • • Mayor: Ie there anyone here who feels that we should be represented with an attorney at this hearing? Councilman Peterson: I will rescind my second. City Administrator: Perhaps it would be unwise for anyone to take part in this annexation. The City does not want to make a big issue of this property. Mayor: We feel that in order to have good relationship between Stillwater and Stillwater Township this will be entirely up to the Municipal Commission. Councilman Nolde: We should just testify that the Council accepted his petition in good faith for annexation. Just make a statement and leave. Mayor: I think that in order to have the hating run as smoothly as possible you shouldn't be there. (Sheeted to Councilman=Nolde). Councilman Nolde:. I suggest that the City Admministrator bethere with the petition and present it to the Commission. Councilman Peterson: I move the City Admini: strator and the Mayor be instructed to attend these hearings. Councilman Wohlers: I second the motion. Gall in favor). RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. The employment of Wayne Loland and :setting his salary. 2. Resolution to hold special election on Liquor Referendum by paper ballot as passed at the special meeting September 22, 1967. ADJOORNIIENf On motion of Councilman Melstrom, seconded bray Councilman Wohlers the meeting adjourned at 5,40 P. M. Attest: City Clerk 81 • COUNCIL CHAMBER Stillwater, Minnesota Special Meeting The meeting was called to order by President Powell. Present: Councilmen Melstrom, Holds, Peterson, Wohlers and President Powell. Almo Present: City Administrator, Lester Broweer and Wayne Loland October •9, 1967 3n00 P. M. After considerable discussion the following tan levy for the year 1968 was approved. (See resolution). Mill rate opposite each fund is based on an asseessed valuation of $4,639,292 broken down as follows: Homestead $ 1,.792,267 Hon -Homestead 2,.493.097 Personal Property 353,928 as reported to the administrator by C. J. Thomlason. City Assessor on September 20, 1967. 1968 TAX LEVY General Fund Band Fund Civil Defense Fund Library Fund Park Fund Post Audit Fund Parking Facility Fund Refunding Bond 1965 Fund Real Property Fund $ 33E7.833.25 - 72.82 mills 3,711.43 - .80 1,577.36 - .34 223,196.46 - 5.00 6,355.83 - 1.37 1,762.93 - .38 2,319.65 - .50 35,490.58 - 7.65 7,515.65 - 1.62 Firemen's Relief Fund 463.93 Public Employee's Retirement Fund :25,516.11 Parking Facility Bond Fund 4,592.90 Improvement Bonds of 1963 Fund 4,036.18 $270,000 Refunding Bonds of 1963 Fund :17,490.13 $500,000 Municipal Building Bond of 1966 Fund :28.763.61 $350,000 Street Construction and Equipment Bond Fund of 1967 :24 356.28 $5:24,982.28 .10 5.50 .99 .87 3.77 6.20 5.25 113.16 (=toter 9, 1967 - continued) The City Administrator informed the Council .members based on unofficial d valuation the City mill rate will inccrsase about 29.82 mills over the 1967 levy. The council members slated that they were aware of this increase but felt that the tax levy for the year 1968 was necessary to operate the City and try to reduce some of the deficeit in the general fund and to meet debt service obligations. RESOLOTIONS The following resolution was on roll call unmanimouely adopted: 1. Fixing Tax Levy for City Purposes f=or the Year 1968. ADJOURNMENT On otion of Councilman Nolde, seconded by CCouncilea:n Wohlers, the meeting adjourned at 5:30 P. M. Mayor Attest: City Clerk. 83 ' e • Mayor's Office Stillwater, Minnesota October 100, 1967 4:30 P. M. This was the day and time designated by the oCity Council of the City of Stillwater to open bids on 1 - 1968 Model Picekup Truck; OVW Rating of 4100 to 5200 pounds. Persons designated to open these bids were: Mayor Powell Councilman Peterson councilman wohlers City Engineer Councilman Peterson: I make a motion to opa*n the bids. Councilman wohlers: I second the motion. The City Administrator then proceeded to open the bids. Bid *1 Stillwater Motor Co. Stillwater, Minnesota 1 - 1968 Chevrolet, Model CS 109041 OVW Rating 4400 lbs. H. P. Rating 155 H. P. Wheel Base -- 127 inches Delivery --as soon as possible Total bid less trade-in Bid *2 Bob Olson Motor Co. Stillwater, Minnesota WC 1968 Model CS 1590C OVW Rating 4600 to 5200 lbs. H. P. Rating 155 0 4200 rpm Wheel Base -- 127 inches Delivery --November 30, 1967 Total Bid less trade-in Councilman Peterson: I move that these bides for examination and study and report back at recommendation. Councilman Wohlers: I second the motion. Attest: City Clerk $1,895.00 $2,387.90 be referred to the City Engineer the meeting this evening with his all in favor). • COUNCIL CINNBBRS Stillwater;Minnesota Regular Meeting Meeting called to order by President Powell_ Opening Prayer by City Administrator Octobemr 10, 1967 7:30 P. M. Present: Councilmen Melstrom, Nolde. Peter=eon. Wohlers and President Powell Absent: None Also Present: City Administrator, City Bnggineer, Building Inspector,...:..;. Chief of Police, Fire Chief,. Assistant to City Administrator Citizens Present: Owen Thomas Burt Rivard George Butz Richard Mundinger APPLICATIONS On motion of Councilman Nolde, seconded by Councilman Melstrom, a soft drink license for Douglas Mattson, 229 Bast Chestnut Street (Snowhite Cafe) was. granted. On motion of Councilman Melstrom, seconded by Councilman Nolde an Amusement Machine 'operator's License was granted to George Wohlers Co., 709 West Myrtle Street. COMMUNICATIONS From Lyle J. Rehberg, attorney for Oak ParIk Heights regarding the Sewage Treatment Plant Facility advising the City- of Stillwater that the Village of Oak Park Heights will construct their omen facility. Councilman Noldes The NSP had a probeLem to build a large plant on the St. Croix River so I am sure !the citizens of Oak Park Heights will have touble with the "Soave the St. Croix Committee" in the future in this matter. Mayor: It is difficult to understande that problem. Copy of a letter from Lyle H. Smith. Acting Director Minnesota Pollution Control Agency setting forth regulations t=o be complied with in the future in reference to secondary treatment= for the City of Stillwater. Letter from the Minnesota Planning Associstion in reference to a meeting to be held on November 17th at the Hopkins! House, Hopkins, Minnesota. Councilman Meletroms I move that we send Councilman Peterson and Nolde to this meeting. Councilman Wohlers: I second the mottion. (all in favor). A letter from the League of Minnesota Municipalities was read regarding the appointment of an executive secretary who would be available to answer questions, etc. ()October 10, 1967 - continued) • DELEGATIONS OR INDIVIDUALS Richard Mundinger 120 W. Wilkin I am here regarding the possibility of having a skating rink with a warming house at Staples Field. Do you plan to get iit in operation and what are the chances of having a warming house? Possibly we could get people to donate money for such a warming house. Also if you have as warming house there how will it be maintained? Councilman Wohlers: I am on the recreation commission. The new recreation director for District 834 has plans for a warming house at Staples Field. Mayor: Possibly people in the neighborlhood would help to supervise this warming house. Councilman Nolde: The field is going to be black topped. I feel you should contact Mr. Blekum and Mr. Stape::y and Mr. Smith in regard to this matter. Staples Field was in the _picture and you are going to have a warming house. Mr. Mundinger: The winters up this way are too cold to have a skating rink without a warming house. Councilman Peterson: There was a warming hoeuee there at one time and it was completely demolished and then a second one -vas built and it also was destroyed. Councilman Nolde: When I was on the commission we put water faucets there and they were continually breaking them off. Maybe if we have supervision that might help. Mayors We assure you that there will be a skating rink at Staples Field and we suggest that you contact Mr. Stapey about tire details. Mr. Mundinger: I have another question for the council. From whom do I get permission to plant trees on my boulevard? City Administrator: This comes under the jucrisdiction of the Park Board of which Mr. Karl Neumeier is the chairman. Councilman Wohlers: What has the policy ben in the past? City Engineer: The Administrator is correcVt that the juriddiction for this is under the park board since this is public property. I might say we discourage this since trees on the boulevard tend to tar up gutters and sidewalks as you may have noticed around town. I would not recommend it at all. Mr. Mundinger: It looks much better in my /particular case to have the trees on the boulevard rather than on my property PETITIONS None CITY ADMINISTRATOR'S REPORT 1. Mr. John L. Dixon, Local 675 CIO of thse Minnesota Mining a Manufacturing called at the office today requesting a permit to solicit funds for picket lines for coffee and donuts. Councilman Melstrom: As I understand t_he International Union that is not allowed. Councilman Peterson: They are creating the strike - why should we help them? Councilman Melstrom: I feel that theyv can take care of this in the proper manner by working through other: organized organizations. • (October 10. 1967 - continued) • Mayor: As far as house to house solicitation, the Council is against this. I feel that we should refer them back to their own organizations for such funds. Councilman Melstrom: I can realize that they have a problem. I can see where they are making a request Like this. Even in my position I can't condone them. Councilman Nolde: I move that we footlow the recommendations of Councilman Melstrom that they work through their own labor organiza- tions for funds. Councilman Peterson: I second the emotion. (all in favor). Councilman Melstrom: This is union problems. I know you will not appreciate them. They had a problemm at Rochester. They have organiza- tions that are organized and they caw: solicit funds from them. 2. A reminder to the Council about the Muncipality Meeting -- at West St. Paul on Thursday. October 19th aft 5:30 P. M.. 3. A letter from C. A. Howalt regarding. water service to residents on Orleans Street, paying for the water= service being installed by. Oak Park Heights. Councilman Nolde: I move that we send a letter to Mr. Howalt advising him that he will have to negotiate tilde matter with the officials -.of Oak Park Heights. Councilman Melstrom: I second the Emotion. (all in favor). - - Councilmen Melstrom: We have gone o.ut of our way to cooperate in it -- to our greatest extent. It is up too them and their board members. 4. Letter from Winston E. Sandeen regarding no parking signs on the west curb of Ridge Lane Drive and that these City Engineer will take care' +of' the drainage problem in that area. - Councilman Nolde: I suggest that wee send her a letter telling her that the city hasn't had the funds to buy such no parking signs. Mayor: We have the signs. Councilman Nolde: We do not have thee no parking signs which we need on Greeley Street and other places. George Kutz: You bought this peck oaf trouble and she has created all these problems. Councilman Peterson: She creates beer own problems. George Kutz: She requested tearing down all those manufacturing buildings, etc. in that area. and noow the City is stuck with it. Mayor: I would like to say that I received aacall from Mrs. Stuhr today and she states there should bee a light on Ridge Lane Drive. This makes the second request and ass someone objected to it before nothing has been done about it up too this point. Councilman Nolde: We have had many prople who have requested street lights and we decided that we could not afford $47.00 per month for these people. Mayors As far as street lights go i.t takes council action. It was a request asked of me and I am passi._ng this information on to you. Councilman Nolde: I move that the request be denied. Councilman Melstrom: How many people are there on this street? Councilman Nolde: Is it a street? Ls it a regular sixty foot right-of-way? a (October 10, 1967 - continued) Councilman Peterson: What bearing dcee it have on the problem? Councilman Molds: They vacated streets and built new rights -of -ways in that area. Councilman Peterson: It is a street regardless of how wide it ie. We should look at it and decide whether we should put in such a light. Mayor: The people who live on the sttreet should have no bearing on it. 8 there is a need, then it should be granted. Councilman Nolde: On a stretch of Everett Street three blocks long had only one light. They now have two lights in this area and could use another. There is a lot of traffic in this area as compared with Ridge Lane Drive. Mayor: I suggest we designate someone to look at the area and determine the need. Councilman Wohlers: Lester, has the light on the garage been taken care of? City Administrator: She did agree tc take the beam out of the neighbors window. Councilman Nolde: I feel the city shrouldn't get involved. Councilman Melstrom: I move our engineer look at the problem and see what his recommendations would be. Councilman Peterson: I second the motion. (Councilman Nolde'was opposed). 5. The City Administrator informed the Mayor and Council members that Mrs. George H. Atwood and Mrs. Helene Wallis would like to donate the flag. pole which she installed some years back own Ridge Lane Drive to the .City of Stillwater. She indicated that Mr. James Simonet, the former County Surveyor stated that it is a landmarkz and very useful to surveyors in their work. Councilman Nolde: I move that we send her a letter that the Council does now wish to accept her flag pole. Councilman Peterson: I second the motion. City Engineer: This goes back before: my time. When Mrs. Atwood resided in her old home which is now Dr. McCa-rten's home, it was the only house within 8 blocks at that time and she erected the flag pole which was on t`e East side of her home which turned ouht to be the unplatted part of North Broadway which wag vacated along withs Spruce Street. The new platted land included the flagpole on city property. Councilman Nolde: We have to be a li-ttle bit careful as this will be in City records. If she does not own it., then it is a different story. Mayor: Before any letter is sent we Thad better check into the matter and find out the circumstances before we ego out on a limb and do something we will be sorry about later. Councilman Nolde: In the event that :she owns the property, we do not want to do anything about it. Councilman Nolde: I withdraw my motison and ignore the letter completely.. Councilman Peterson: I withdraw my seccond. She must have a motive. Mayor: I suggest we take no action amd check into it and find out if she received permission from a prior council to erect this flag pole. 88 (October 10, 1967 - continued) 6. Reports of Inspection of the boilers ant Municipal Building and the City Library were read to the council.. (no action) 7. The City Administrator informed the Mayor and council members that he has in his po ion a copy of the agreement with the Water Department Employees Mayor: I suggest that you make this aavailable to the Council members in the Mayor's office. 8. The Bond for the !Welter Construction Co., Inc. of Stillwater and the Travelers Indemnity Company, Hartflord. Connecticut in the sum of $5,000.00 was presented to the council members. Councilman Nolde: I move that we appriove this bond. Councilman Peterson: I second the mottion. (all in favor). 9. A map showing the land exchange with D'dorthern States Power Company was viewed by the City Administrator nand membess of the Council :and the City Engineer. The green area is now property of the City of Stillwater. NSP took the area in red plus also first option on the shaded blue portion. We own 100 feet North of the shaded area. Councilman Peterson: Did they state as price? City Engineer: This is subject to fluctuation. City Administrator: I beliere it was $:3.500.00. Councilman Nolde: We would have first option on the piece of property. in the same amount of moneyas the amount we had. I would be infavor of trad.ng property with them if they' gave us the right to enter into the otter piece of property. Mayor: The Administrator and I felt tzhey have an option andbeing able to get the land isn't the best thsing to do. The price still goes up. I feel we should have a stated price. City .Administrator: I believe as I recall this conversation the-NSP wasnot in favor of giving us an optioon with a figure. Their reason for this was that their stockholders won't go for this. I would like to suggest that to you. I think that there is some question solar as required land for the future and some questions in ;ourconsulting engineer's mind and we Should be looking to the future sothat we don't sell ourselves short. We have asked them to give us a figure on some additional and even with an option so we would not geet caught short for land extension. NSP officials feel that they are bounds by their stockholders. If this is agreeable with you, gentlemen. I woesld like to meet with our con- sulting engineer and our own engineer and get their proposition and present it to you again. Mayor: I feel this is the way to handlLe it and get a figure. City Engineer: I think we told them that we wanted a figure. Councilman Nolde: After talking to Mr. Banister about a year ago on this matter. this is the property that-. they suggested to us that we take et that time. We should inform tLhem and check the amount of money then we can enter into this other option and everything is agreeable if they will give us this otiher piece of land at the same price, we keep the land and they move -their tracks. (October 10, 1967 - continued) City Administrator: During the convemrsation on the land exchange, it was suggested that perhaps rather than masks any purchase or trade that when the time comes that we condemn that land but there will be problems involved. It is advisable to stall the matter f'or now. Mayor: I think it would be just as weell that we send them a letter to that effect. The council is interested ire acquiring this land and have them set a figure. we release an option at a certain figure and want additional land at the same figure. City Administrator: The NSP is prese::mtly using some of the city property. They are trespassing at the present time and I think that they would like to negotiate and settle. They have their stockholders and we have our citizens to contend with. 10. Mr. Elmer Elliott called the City Administrator about\the City setting a figure that they would like to sell taw Main Street parking lot or the Second Street parking lot for. They plan to build an office building on either site. They are very interested in getting a price. Councilman Peterson: I think we shouIId have the land appraised. Mayor: I feel that we should appoint an appraiser. The City might consider trading the land with them for their office building. Councilman Peterson: We should first of all have an appraisal made. City Administrator: We need two appraaisers. Councilman Peterson: I move that the •City Administrator be instructed to contact Bill Klapp and Al Bergen as to. the possibilities of appraising these two -pieces of property at the earliest possible time. 11. A report from Mrs. Kent Hadrits stating that the intersection at West Orleans and South Fourth Street is a dangerous crossing and there are many children in this area. Mayor: This party reported this before and I asked the Acting Chkef to check out this corner. Councilman Melstrom: I go by this corner and the school police seem to be taking good care of this corner. Mayors I will ask that the Police Chief check this out and report back at the next meeting. 12. The Administrator informed the Mayo_ amid Council members that officials of the Farmers and Merchants Bank infor-ned him that their bank would like some of the city business preferably thee payroll account which was trans- ferred to the First National Bank this year. The Administrator reported that he info..rmed them that it has been council action that we transfer funds every thrcee years. Councilman Nolde: How much money do we have at the First National at this time? City Administrator: At this time we hate investments at the First National Bank of $350.00 bond issue until the money is needed, along with sewer revenue money. We are unable to transfer the money at the Cosmopolitan Bank to the First National at this time since we have too much there now and would exceed the $600,000 limit. Councilman Nolde: The reason I am askirng this when they did have any money at the First National that we transfer tour payroll account. 89 90 ('.October 10, 1967 - continued) e • City Administrators There is no money in it for the First National for the treasury bills that they have ppurchased for us. Actually the First National Bank is being penalized., they have no investment in excess of the amount. The Farmers & Meerchants bank are not interested in investments. Councilman Nolde: I would like to make a motion that we give the Farmers & Merchants Bank the opportunitty if they want to handle some of the investments and also inform theta in their turn they will receive the payroll account and various other .accouhts. Councilman Peterson: I second the motion. (all in favor). 13. The City Administrator requested the Mlayor and Council members to authorize the payment of single hospitalization and medical payments for Philip Eastwood to allow him time -to secure some coverage on his own. Councilman Nolde: I move this request. be granted. Councilman Melstrom: I second the motion. (all in favor). 14. A reply to a memo to the City Engineer -regarding sewer connections:. for Kermit Sommers on Orleans Street. The Engineer felt this was feasible but this would have to be a p.oticy decision between the two units of government and some agreement reached regarding billing, etc. Councilman Peterson: This should be reeferred to the Village Council of Oak Park Heights. I think we shouled clarify this water and sewer situation. City Engineer: I cannot see why these people would be required to connect to the Oak Park Heights water :system though, unless it is for billing purposes. Mayor: Could the City Engineer and them Administrator check into this through their attorney and find out if it is just possiblJto get sewage service or if they insist upon both so that we know and so that residents on Orleans Street are aware of it. George Mutz: You are in a funny posietion. There are people on the South Side of Orleans that are hooked snip to Stillwater water and sewage. DELEGATIONS (out of order) City Administrator: Mr. Burt Rivard called nee today and I asked him to come to the Council meeting this evening. This i:s in reference to the dump. I informed him the City Council was trying destwerately to find a solution to the dump problem, and that we had no idea how Long it would take. Burt Rivard: Do you have any idea how long Ebe£ore you have a solution to the problem and relocate the dump site? Mayor: I assume that you are dissatisf?.ed wzSth the dump. Mr. Rivard: I had a dog and it was poisoned by rat poison but I didn't report it. Each year my tax rate goes up butt the value of my property goes down. My yard is litered with paper from the) dump when they burn out and the condition is getting progressively worse, anod i have to put up with the smoke all the time. Whenever you put out poison far the rats they move over to my place and when I put it out they move back to the dump. Councilman Nolde: You were going to come demur to purchase the property and fill in the property. Have you changed your mind? Mr. Rivard: Yes, I have in a sense. Mayor: I can say this the past two or three nights that I have been on Olive Street there is a terrible barn smell coming from your place. If you have rats, it is because you have animals. • • (octobe.r 10, 1967 - continued) 91 • • Mr. Rivard: Rate will always go into a bui.ldi:ag when they are run out of a dump. If you come out to my place. you can se.e where the rats have eaten holes in my house and I don't have feed there for tlkem. I have been trying to sell but cannot sell with that dump there. They takke one look to the south and see the dump and the deal is all off. Mayor: There is a distinct barn smell in that area. If you have a rat problem, you are partly to blame for that. I am aware of the fact that you are in a position to have rats. Does Mr. Liberty have :rats? Mr. Rivard: Yes, he does. If I move all of mw livestock out of there what do I do with the land? I have to pay the new tax .which is about $500.00 and we have to live with the dump within the city limits. It has been a mess for years on years. Mayor: I can agree with you that we are working on getting the dump outside the city. Mr. Rivard: For seven years you have been worlling on it7 Councilman Peterson: No one wants a dump no moor, than you. Mayor: I imagine within a short time we will ocome to some solution to the problem. Mr. Rivard: The reason people fight a dump is because of the litering. I feel if the law was enforced for one week it would help. I feel that I have the right to have the dump taken out within a reasonable length of time. As far as I am concerned the dump was never closed. There was just a snow fence put up and people continued to dump over it and things were really worse. Mr. Rivard: Can you tell me how long before throe new dump will be opened up? City Administrator: I informed Robert Haines that we would like to open up in the spring. Mayor: I would ask that the Police Department cooperate in the tagging of loads going to the dump that are not covered and which cause the liter in this area. Councilman Nolde: We should warn the people thaat we will enforce this law. CITY ADMINISTRATOR'S REPORT (continued) 15. A memo from the City Engineer requesting tikat the Council consider charging private property -owners for the removal of the snow that is pushed or piled in the city streets from private drives avid parking lots. Councilman Melstrom: I move that we refer- this to the City Engineer. Put a notice in the paper by the engineering department to the effect that the city has given such orders and this should_ be effective. Councilman Peterson: I second the motion. (Councilman Nolde was opposed). 16. Memo from the Fire Chief to re -instate Charles Mix. (Asked to be held up until the meeting with the department headne on the llth). Memo from the Fire Chief in reference to h:is attending the Fall Conference at Rochester. Councilman Nolde: I move that this requestt be granted. Councilman Wohlers: I second the motion. (all in favor). 17. A memo from the City Engineer requesting the permission to construct a m_ehole at the end of the six inch sanitary sewer main on South Owen Street. south of West Pine Street. Councilman Peterson: I move that the City Engineer be authorized to install this manhole. Councilman Wohlers: I second the motion. (all in favor). • • 92 (October 10, 1967 - continued) • • 18. The City Administrator informed the Mayoor and Council members that he had a meeting of the department head:e in his office today and carried out your instructions of yestereday and informed them to make any cuts possible in their budget for 1'968. The meeting with the department heads acid the Council has been changed to October llth at 1:00 P. M. since October 12th is a holiday for city employees. The meeting will begin at 1 :00 P. M. and will continue until the matter is finished. 19. A memo from the City Engineer in reference to residence requirements for the new draftsman or surveyor was held over for the meeting of October llth with department heads. 20. A memo from the City Engineer informing the Council that he received an additional estimate for the dry rubble wall for the property at 102 South Sixth Street, tht residence of Mr., Louis Christoffersen. This quotation was received from Bill Jonk for $420.00 and Mr. Jonk was to proceed with the job. This estimate weer approximately $180.00 below the other quotation. 21. A memo from the City Engineer in reference to laboratory tests run by General Mills on the sewage at our disposal plant. This company requested permission to run three day tests on acttual plant conditions using the various products as stated to see how good the removal can be for settleable solids and Biological Oxygen Demand. Tlne cost to the City would be $62.54 for the three days. Councilman Nolde: I move that we proceeed with this testing. Councilman Peterson: I second the motion. (all in favor). City Engineer: Mr. Banister recommended, that we have this done and that he be notified. 22. A request from the City Administrator toe set the rates for sewer revenue for Stillwater Bakery at $12.00 and for :Myrtle Street Estates for $15.00 for the last quarter of 1967. Councilman Peterson: I move that the su.:ggested rates be used until we can get actual usage rates for these two. places. Councilman Wohlers: I second the motion.. (all in favor). 23. The City Administrator read to the Mayor- and Council members a letter which he received from the League of Min::nesota Municipalities relating to tax levy information and how it is to• be used in computing their tax levies. 24. The City Administrator informed the Mayo-_r and Council members that the eningeering department will construct voting booths for the upcoming election from plywood which can be used Eby this department on various projects after the election is over. 25. The City Administrator informed the Mayon and Council members that he had a complaint about the condition of the Chestnut Street stairs. Mayor: Is there any way that something scan be done now and then take care of another later? City Engineer: They would be done this gear or we will face some law suits. All the city owned stairs are in bad condition. Councilman Nolde: How many stairs are we talking about? City Engineer: There are three sets that= would have to be completely redone. All of these stairs are used about the same amount. Mayor: Would it be possible to give us smome kind of figure? Can you look into this and report back with some estimated figures? Councilman Peterson: I move that the City Engineer check these out and repair the railings where they are needed. Councilman Nolde: I second the motion. (all in favor). • (October 10. 1967 - continued) 93 • • UNFINISHED BUSINESS In the matter of Banister MaCree & Co. Councilman Nolde: I Engineering to close Councilman Peterson: E:gineering Co. regarding the final payment to move that we follow the recommendations of Banister this project withormt an additional payment. I second the motion. (all in favor). See Resolutions. A special use permit from Hooley's Supermark•_ets, Inc. & B. W. Harris Co. for a loading ramp and loading dock from North Seceond Street to Union Alley on the South side of the Street (Commercial Avenue) . Councilman Melstrom: I move that we ac•vept this special use permit as submitted by the Planning Commission. Councilman Peterson: I second the motion. (all in favor). Awarding of the bids for the pickup truck fo .r the Sanitation Department. City Engineer: I would recommend that =the low bidder. Stillwater ...Motor Co. be awarded the bid for $1,895..00. Councilman Petersen: I move that we acecept the recommendation of the City Engineer and award the bid to the ".Stillwater Motor Co. (See resolutions). Councilman Wohlers: I second the motiomm. (all in favor). NEW BUSINESS Mayor: I wish to announce the appointment o d Councilman Peterson to the Dutch Elm Commission to replace John Clarey. Councilman Nolde: I move we approve thee appointment. Councilman Melstrom: I second the motieon. (all in favor). Mayor: I will ask that the City Admini-.strator send a copy of the Ordinance covering the Control of Dutch_ Elm Diseas to Dr. Cole. On motion of Councilman Nolde, seconded by c.'ouncilmen Melstrom the Builder Inspector's Report for the month of Septembe: r 1967 was accepted and ordered filed. All in favor. Minutes of the Planning Advisory Commission •of September 26. 1967 was received by all council members. On motion of Councilman Melstrom, seconded b_q Councilman Peterson a special variance permit from Village Homes for a four unit dwelling on Myrtle Street be referred to the Planning Commission. (al L in favor). ORDINANCES None • (Oc•tober 10, 1967 - continued) RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Awarding the bid to Stillwater Motor Co. for the pickup truck for the sanitation department. +2. Accepting Myrtle Street project amid final payment to McCrea. • Repassed 10-23-67-not published in the required time. ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman wohlers the meeting adjourned at 9:50 P. M. Attest: COUNCIL CHAMBER Stillwater, Minnesota Special Meeting The meeting was called to order by President Powell. October 11, 1967 1:00 P. M. Present: Councilmen Nolde, Peterson. Wohlaers and President Powell. Absent: councilman Melstrom Also Present: City Administrator and Asscistant to City Administrator,Wayne Loland Mayor Powell explained that this meeting was called for the purpose of adopting a budget. for the year 1968 and also for tine purpose of fixing salaries and wages for the year. 1968. All department heads were notified to be,.available. between the hours of 1:00 P. M. and 6:00 P. M. foe the purpose of discussing their departmentbudget. for the year 1968. EaclE department head was called and given sufficient time to discuss their budgets sand make suggestions. On motion of Councilman Nolde, seconded bay Councilman Wohlers the following, budget was adopted for the year 1968. BUDGET 1968 General Fund $ 475,840.93 Band.. Fund.. 3,711.43 Civil. Defense Fund 1,577.36 Library Fund 23,196.46 Park Fund. 6055.83 Post Audit Fund 1,762.93 parking;; Facility Fund 2,319.65 Refunding Bond 1965 Fund 25,490.5R Real`property. Fund 7,515.65 Firemen's Relief Fund 463.93 Public Employee Retirement Fund 25,516.11 Parking'Facility.Bond Fund 4.592.90.. Improvement Bonds of 1963 Fund 4,036.18 $270.000 Refunding Bond of 1963 Fund' 17,490.13 $500,000 Municipal Building Bond of L966 Fund 28,763.61 $350,000 Street Construction & Equipment 24, 356.28 Bond of 1967 Fund $682,989.96 GENERAL FUND BUDGE= 1968 Revenue: General Property Taxes $337,840.93 Licenses & Permits 34,654.00 Fines, Forfeits, Fees and Costs 7,100.00 From Use of Property 9,550.00 From Other Agencies 79,000.00 Charges for Current Services 6,596.00 Sale and Compensation for Loss of Property 600.00 Other 500.00 $475,840.93 96 (Oc-tober 11, 1967 - continued) • • Expenditures: General Government $ 4,250.00✓ Elections 2,575.00✓ Finance 36,390.00✓ Assessor & Board of Equalization 6,350.004 Law 7, 950.00✓ Planning and Zoning 100.00e City Hall 8,200.00✓ Fuel 2,500.00 Electricity 550.00� Postage and Stationery 400.001 Publish Financial Statement 700.001 Fiscal Agent's Service Charge 700.00✓ Police Department 92,612.61✓ Fire Department 69,322.804 Protective Inspection 9,375.001 Militia and Armory 250.001 Animal Control 3,560.00/ Engineering 23,070.004. Roadways 84,629.524 Snow & Ice Removal 14,000.004 Traffic Signs, Signals and Markings 1,100.00✓ Equipment Maintenance Shop 500.004 Street Lighting 21,000.00✓ Dump Grounds 15,180.00e Conservation of Health 840.001 Playgrounds 4,260.00✓ Skating Rinks 800.00✓ Lily Lake Beach 4,636.004 American Legion Beach 3,200.004 Parking Meters 3,490.004 Insurance 16,000.00✓ Hydrants 1,500.00v Hospital & Medical Payments 3,850.00e: Gasoline 6,000.00✓ Undistributed General Expense 1,000.004, Partial Retirement of Accumulated Deficit 25.000.00 d , $475,840.93 On motion of Councilman Peterson, seconded? by Councilman Wohlers the following salary and wage schedule was adopted for the year 1968. (single rate hospital and medical premiums shall kte paid by the City in addition to the salaries and wages listed below. See Resolution No. 1968) 1. Mayor $400.00 9er year (Charter) 2. Councilman $300.00 per year (Charter) 3. Administrator & Clerk -Treasurer $950.00 per month 4. Assessor and Building Inspector $775.00 per month 5. Engineer $910.00 per month 6. Attorney $650.00 per month 7. Health Officer $ 70.00 per month 8. Bookkeeper (LaVonne Simon) $325.00 per month 9. Deputy City Clerk & Treasurer $435.00 per month (Doris Rutz) 10. Secretary (Dorothy Schnell) $425.00 per month 11. Office Clerk(Jeanette Lowry) $250.00 per month 12. Extra Clerk Hire $ 2.25 per hour 13. Civil Defense Director(Dean Charisen)4) $ 25.00 per month 14 Band Director (George Regis) $110.00 per month • (October 11, 1967 - continued) 97 15. Sewage Works Superintendent (John Shelton) 16. Street Superintendent(Howard Hagen) 17. Assistant to Building Inspector & Assessor (John Lawson) 18. Chief of Police 19. Fire Chief 20. Parking Meter Maintenance and Dog Catcher (Reuben Jacobson) 21. Janitor (Stan Larson) 22. Director of Recreational Facilities (Richard elekum) 23. Surveyor -Draftsman (James Dahlin) 24. Caretaker Pioneer Park 25. Assistant to the City Administrator (Wayne Loland) $725.00 per month $700.00 per month $475.00 per month $700.00 per month first six months 1968 $725.00 last six months 1968 $700.00 per month first six months 1968 $725.00 last six months 1968 $465.00 per month $475.00 per month $450.00 per month $580.00 four months $600.00 to $650.00 - 8 months $225.00 per month $650.00 per month Police Department Contract executed September 20, 1967 Jan. :1., 1968 26. Officer Under Chief $650.00-$670.00 27. V. R. Gedatus $670.00 28. Sergeant $610.00- $630.00 29. Alfred Roepke, Jr. $630.00 30. Leo Cartony $620.00 31. Patrolman (3 years or more) $580.00- $600.00 32. Patrolman (2 years) $560.00 33. Patrolman (1 year) $540.00 34. Patrolman (after 6 months) $520.00 35. Patrolman (To 6 months) $490.00 Fire Department Contract executed September 20, 1967 Jan. 1. 1968 36. Lieutenant $610.00--$630.00 $580.-$e600.00 38. Fireman (2 years) $560.00 39. Fireman (1 year) $540.00 40. Fireman (after 6 months) $520.00 41. Fireman (to 6 months) $490.00 37. Fireman(3 years or more) July 1. 1968 $670.00-$690.00 $690.00 $630.00-$650.00 $650.00 $640.00 $600.00-$620.00 $580.00 $560.00 $540.00 $510.00 July 1. 1968 $630.00-$650.00 $600.00-$620.00 $580.00 $560.00 $540.00 $510.00 (October 11, 1967 - continued) • Contract covering sewage treatment plant ana street department employees executed June 1, 1967. Jan. n, 196E 42. Heavy Equipment Operator $3.22 peer hour 43. Senior Sewer Plant Operator $3.22 per hour 44. Sewer Plant Operator $2.93 p.er hour 45. Junior Sewer Plant Operator $2.82 p.er hour 46. Light Equipment operator $2.82 peer hour 47. Public Works Maintenance Man $2.55 peer hour 48. Auxiliary Police $ 2.25 per hour 49. Sleepin Fire Station $ .5.00 per night 50. Auxiliary Assistant Chief Fire Department $:50.00 per month 5'. Auxiliary Captain -Fire Department $:25.00 per month 52. Auxiliary Drivers Fire Department $:20.00 per month 53. Auxiliary Firemen $. L5.00 per month ADJOURNMENT July 1, 1968 $3.37 per hour $3.37 .per hour $3.08 per hour $2.97 per hour. $2.97 per hour $2.70 per hour On motion of Councilman Molde, seconded by *councilman Peterson, meeting adjourned at 5: 30 P. M. Attest: Fi%t�O'�lr-el-� City Clerk Mayor • 99 COUNCIL CHAMBERS Stillwater, Minnesota REGULAR MEETING The meeting was called to order by Presidlent Powell. Present: Councilmen Nolde, Peterson, andl Wohiers and )resident Powell. Absent: Councilman Melstrom Octo"•ber 17, 1967 4:30 P. M. Also Present: City Engineer, City Admini-strator and Assistant to the City Administrator UNFINISHED BUSINESS (out of order) This was the day and time set to open bidis for the construction of a street garage for the City of Stillwater. The Clerk read the advertisement for bids= aloud; Mayor Powell inquired if the advertisement for bids was published, andl the Clerk informed the Council that the advertisement for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on SeptemLber 27. 1967. The following bids were then opened and read aloud: Bid M1 E & H Construction, Inc. Stillwater, Minnesota Total Bid $63,1t88.86 (sales tax included) Bid N2 George W. Olsen Construction Co., Inc. Stillwater, Minnesota Total Bid $66,7-17.00(sales tax included) (Start immediately an:' complette in 5 months) On motion of Councilman Nolde, seconded by Councilman Peterson the bids were referred to the City Engineer and City Adnministrator to bring back recommendations at the 7:30 meeting. This was the day and time set to open bides for a 1968 Six Cylinder Motor Grader for the Street Department. The Clerk read the advertisement for bids aloud; Mayor Powell inquired if the advertisement for bids was published, and the Clerk informed the Council that the advertisement for bids was published :in the Stillwater Evening Gazette, offidal newspaper of the City, on Septembwer 27, 1967. The following bids were then opened and read aloud: Bid No. 1 George T. Ryan Co. Bloomington, Minnesotta Total Bid: (less tradde-in) $23,021.00 GVW 30,49-4 Delivery date on or lmefore November 17, 1967 Make - Wabco Year--1967 Model--440H Bid No. 2 Hall Equipment, Inc. Minneapolis Total Bid: (Less trade-.n) GVW 25,000W Make Galion Model 118B Year Manufactured - 14967 Deoivery Date approxiimately 60 days $20,156.00 I00 (Oeetober 17, 1967 - continued) • • Bid No. 3 Road Machinery Sc Suppllies Co. Minneapolis Total Bid (Lase trade—in) $22,500.00 GVW 20,935* Make Austin —Western Model 100 Year Manufactured - 1968 Delivery Date on or bemfore December 5, 1967 Bid No. 4 Ziegler, Inc. Minneapolis Total Bid (Less trade—in) $24,737.00 GVW 29,957 Make Catpiltar Model #120 Year Manufactured 19617 or 1968 Delivery date 30 to 600 days after settlement of strike. Bid No. 5 Tri State Machinery Co. Minneapol3.a Total Bid (Less trade—in) $20,995.00 GVW 26,00044 Make Huber Model D-1400 Year manufactured 196es Delivery date on or before December 15, 1967 Bid No. 6 Minnesota Tractor Co. Bloomington Total bid (less trade—in) $21,357.10 GVW 25,800#4 Make Allis Chalmers Model M-1008 Year manufactured 19688 Delivery date on or before December 20, 1967 On notion of Councilman Nolde, seconded by Councilman Wohlers the bids were referred to the City Engineer and the City Administrator for their recommendations for a later meeting. This was the day and time set to open bids on a 1968 Pour Wheel Drive Loader for the Street Department. The Clerk read the advertisement for bids aloud: Mayor Powellinquired if the advertisement for bids was published, and the Clerk informed the Council that the advertisement for bids was publishced in the Stillwater Evening Gazette. official newspaper of the City. one September 27, 1967. The following bids were then opened and read aloud: Bid No. 1 George T. Ryan. Co. Bloomington Total Bid $17,966.00 Make J. I. Case Model 010 Year Manufactured 1967, Shipping Weight 19.700# Delivery date on or beeEore December 12, 1967 Bid No. 2 Hall Equipment Co. Minneapolis Total Bid loader less special municipal discount Make Hough Model H-65C Year Manufactured L967 Shipping Weight 23,2:30# Delivery date approximately 30 days $27,394.00 • • (October 17, 1967 - continued) 1.01 • Bid No. 3 Road Machinery & Supplies Co. Minneapolis Total Bid $20,000.00 Make Michigan Model 75III Year Manufactured 1968 Shipping Weight 19,450# Delivery date on or beefore November 15, 1967 Bid No. 4 Ziegler, Inc. Minneapolis Total Bid $25,569.00 Make Catapillar Model 944 Year Manufactured 1967 Shipping Weight 22,200# Delivery date-30 to 60 days after settlement of strike. Bid No. 5 Tri State Machinery Co. Minneapolis Total Bid Make Trojan Model 204-A Year Manufactured 1968 Shipping Weight 21,550# Dlivery date on or before November 20, 1967 Bid No. 6 Minnesota Tractor Co. Bloomington $18,499.00 Total Bid $19,912.00 Make Allis Chalmers Model - • 545E Wheel Loader Years Manufactured 1968 Shipping Weight 19,440# Delivery date on or be•Eore November 20, 1967 Bid No. 7 Minneapolis Equipment .Co. Minneapolis Total Bid Make Lima Model 80 Year Manufactured 1967 Shipping Weight 20,575# Delivery date on or be --fore December 1, 1967 $21,659.00 On motion of Councilman Nolde, seconded by 'Councilman Wohlers that the bids be referred to the City "ngineer and the City :Administrator for further study and report back with their recommendations. The Council set the date of Monday. Octoger 23rd at 4:30 P. M. to award the contracts on these bids. On motion of Councilman Peterson, seconded try Councilman Wohlers the meeting adjoured at 5:15 P. M. until 7:30 P. M. this! evening. RECONVENED AT 7:10 P_ M. Meeting called to order by President Powell Opening Prayer by the City Administrator Present: Councilmen Melstrom, Nolde, Peterseon, Wohlers and president Powell Absent: None Also Present: City Administrator, Chief of Police, Fire Chief, Building Inspector, City Engineer and Assistant too City Administrator • 102 e (OCRober 17, 1967 - continued) r, • • PETITIONS (out of order) This was the day and time set for a hearing on proposed vacation of a portion of Oak Street. The Clerk read the notice for hearing a1ouCM: the Mayor inquired if the notice for hearing was published and the CIIerk informed the Council that the notice for hearing was published on Semptember 15, 1967, September 22, 1967, September 29, 1967 and October 6, 1967. The Mayor then opened the hearing. Mrs. Lowell Saterbak 406 Pine Tree Trail Where is this in location to my home on Pine Tree Trail? Councilman Nolde: I am familiar with this -area and it is down the hill between Pine Tree Trail and Seeley Street. Mayor: Mr. Engineer can you make a drawintg on the blackboard for Mrs. Saterbak. Councilman Peterson: Actually this portio:•m is on the hill. (The City Engineer proceeded to make as drawing for Mrs. Saterbak) Mayor: After you have seen this drawing acre you still objecting? Mrs. Saterbak: No. Mayors If there are no other persons to b-e heard, I declare the hearing closed. Councilman Peterson: I move to introduce :a resolution to vacate that portion of Oak Street described in the hearing notice. Councilman Molds: I second the motion. (.all in favor). APPLICATIONS On motion of Councilman Peterson, seconded/ by Councilman Nolde a Junk Dealer license (renewal) was granted to Lawrence Rumpf, 2007 Schulenberg Avenue, Stillwater. COMMUNICATIONS Letter from A. E. Ranum, attorney at law. applying for the position of Citx Attorney was read and discussed. Letter from Lyle H. Smith Acting Director of the Minnesota Pollution Control Agency was read in its entirety. Councilman Peterson: How much auth©rity does this commission have? City Engineers It is not a question of their power but if you do not follow their instructions the federasl commission can step in. Councilman Peterson: How can we go along with this and Oak Park Heights can proceed with a permit for their project? City Engineer: Actually treatment its only one requirement. The thing is that we don't understand joust what they want as an interim permit. Mayor: Would it be a proper step tom take t;. tell them that we would like to have a meeting with them as soon as possible so that their representative, our consulting enginneer and a representative from the Federal Pollution Control and the Council could meet to understand (Oectober 17, 1967 - continued) • what steps we could take so that we would be in compliance with this directive. Then they could tell us what to do and we would be able to work it out without doubt as to whetther or not we are doing the right thing. City Engineer: I wanted this full .letter read since they are getting pretty bossy and when we get a city attorney and can check the law on this, it will help also. The federal government will be on our back if we ignore this letter completely. Mayor: How can they say you must d5o this and yet have no control over Oak Park Heights. I would still like to see it done and if we could have a meeting and have some federal officials here. Maybe they are not aware that Oak Park Heights is building their own plant. City Engineer: The State Pollution Control Agency sent in their recommended standards into the federal government, and they turned it down since the State Pollution Commission could not have that kind of power. I would suggest that the Council contact tkie State Pollution Control Agency and ask for a meeting. They want necessaryy permits but do not say what permits we need. Mayor: We could talk and discuss tthis whole problem but until we have a meeting may be we could go through a lot of motions and yet not know that we are doing what is right. I would .like to have the administrator set up a meeting in the very near future. Councilman Wohlers: We have to ge:t a permit to build this secondary plant. They can't refuse them a permit. Councilman Nolde: How can they go. to a federal government for a grant to build a sewage disposal plant when° they already have one right next door that is available for their use. .A letter should be sent to clarify this. Mayor: I would like to have Vince get this information from the engineer so that we get a news release on t=his so that the people are aware that we are in a position that we must do something. By the same token the admin- istrator should setup a meeting with the commission. City Engineer: I would like to recommend that I meet with Mr. Banister and we go over these items. They were talking about that we would have to build a plant to be 50 mg/1, but mow they state only 30. I feel that we should meet with them and also with the council. Mayor: we could sit and listen. You (city engineer) could ask the questions and we would get the answers. City Engineer: We do not know what kind of permits we must have and that the administrator should be instraacted to have such a meeting with the State Pollution Control Agency. Councilman Nolde: I think the le:ss correspondence we have with these agencies the better off we will b..e in the long run. This is probably a form letter and which goes to many cities. City Engineers Oak Park Heights can build their plant when they conform. Councilman Nolde: How can they geo ahead and build without a permit? Mayor: They said that at the time when it was changed from the Water Pollution Control Commission, there was a time when construction could not be stopped and they allowed this construction without a permit and this would be checked on afterwards. Councilman Nolde: I can remember_ when they were developing Stillwater Avenue area Mr. Banister said no more sewer connections without a sewage disposal plant and yet other communities were doing it. The only man penalized was those who complied with the request. Councilman Peterson: I would move that the City Engineer be instructed to sit down with Mr. Banister,Consulting Engineer, and list the questions that they have on this letter and that the City Administrator be asked to contact the State Pollution Contaol Agency that we would like to set up a meeting because we have some questions and perhaps the Engineer and our consulting engineer will have their questions in mind and written down at that time. (there was no second to this motion) • • • 1.04 !(October 17, 1967 - continued) Councilman Peterson: I don't feel that we should ignore the letter. What permits are they talking about? Councilman Nolde: They are going to try to do the same thing with us if we are going to build any new homers that we could not put in any more sewers. Councilman Melstrom: Don't you fellows feel that in the very near future that they will insist on it. We are not going to have any choice on this matter. Mayor: We should take some action orm this now so that we have ample time to do the right thing. Councilman Nolde: I will go along to sit down with these men and discuss the matter and get the answeas to our questions. Councilman Wohlers: I move that we thave a meeting with the State Pollution Commission and request that!. the City Administrator should ask them to bring along a federal agent and also find out how we are to finance these various projects. Councilman Nolde: I second the motion. (all in favor). NEW BUSINESS (out of order) City Administrator: We have two items her® under new business which were just handed to me by Councilman Melstrom faom the Planning and Zoning Commission. 1. Special variance permit from Gus Glasrud to Build a house on Ridge Lane Drive with less than a thirty (30) foot setback. Councilman Peterson: Are there any other Froperty owners involved? Do we have to have a hearing on this? City Administrator: It will not be necessary to hold a hearing. We can act under Section 5 and accept the recommendatrions of the Planning and Zoning Commission. Councilman Melstrom: I move that we accept the recommendation of the Planning & Zoning Commission for this variance permiZt for Gus Glasrud. Councilman Nolde: I second the motion. (mall in favor). 2. Special permit from Village Homers, Inc. for a four unit dwelling in an area zoned for two unit dwellings on West Myrtle Street. Councilman Peterson: Were the adjoining paoperty owners contacted? Mayor: Mr. Thompson has contacted them aned there was no objection. Councilman Peterson: Will there be off-strreet parking and if so how do they get to it? Councilman Melstrom: There will be off-st:rest parking in the back. How they will get there I do not know. Councilman Peterson: I move that we follow the recommendations of the Planning and Zoning Commission and accept -the special permit from Village Homes. Councilman Nolde: I second the motion. (aall in favor). DELEGATIONS OR INDIVIDUALS None • 4 • • (October 17, 1967 - continued) :1_05 e • PETITIONS None (see hearing out of order) CITY ADMINISTRATOR'S REPORT 1. Reminded the Mayor and Council Membters of the meeting at the Southview Country Club at West St. Paul on Tihureday, October 19th at 5:30 P. M. 2. The Administrator informed the Mayor and Council members that the Municipal Building was approved by- the Architect and the contractors have been paid and inquired if the Council intends to pass a resolution accepting the Municipal Building axed issue keys to those who are entitled to them. Councilman Peterson: I move to introduce a resolution to accept the building. Councilman Nolde: I second the motion. (all in favor). 3. The Mayor has a request from a peaty who would like to lease part of the Ritzer property for farmland. Mayor: Last week a young fellow ewes here representing his father wondering if we could lease the tillable land for farming. This would probably be done on a year -to -Year basis. It Ss some Mr. Johnson who lives in this area. Councilman Peterson: What is he ".willing to pay? Mayor: Up to $10.00 per acre. Councilman Wohlers: What about tfle trees on this property? Mayor: We would have to sell the trees if we cultivate this land. Councilman Peterson: I would go :,long with it as long as he doesn't cut down the trees. Councilman Melstrom: If he will :leave the land as is and use the tillable land only, I can see no objection. to that. Mayor: We could sell the trees a_rtd then lease the land. He made no mention of the trees. City Engineer: There is a sectioen in the back that was farmed at one time. Councilman Melstrom: I move that= we contact the interested party and discuss the matter with him before we makme a decision. Councilman Noldes I second the motion. (all in favor). 4. The Administrator advised the Mayor and Council members that he had received an insurance endorsement for the transfer of insurance from the name of ofom Norman E. Webb dba Carlson Taxi to William Clemings, dba Valley Cab. the Rrog Agency. Councilman Peterson: I move thaet this insurance endorsement be accepted. Councilman Melstrom: I second tine motion. (all in favor). 5. On October lath a memo was dispatched to the Chief of Police to enforce the ordinance that all loads going to the dump site be covered with a reply that they have checked this out ray times and no violations were noted but they will continue to enforce* this ordinance. Mayor: I was wondering if somet:tme the street department might be able to go out there and pick up acme of the debris. Councilman Peterson: I wonder i f it would be worthwhile to try what was done a few year, ago. That some- Saturday morning the city truck would be out on Olive and we would ask fo.r volunteers to help on such a project. Mayor: I looked at Mr. Rivard's: property and our property and it is really terrible. • -) 06 (October 17, 1967 - continued) e • Councilman Peterson: Could we burn .it off now? City Engineer: It would depend upon the weather conditions and with the high winds we have been having I would say "no" for the present time. Mayor: If you are looking for some nay to do it, there are Scout troops that could do this. It could be worked out by asking them to beautify the city by doing this. Councilman Peterson: why don't we t:ry the Scout troops? City Engineer: Why don't we spend tfe two hours and have the city street crews clean this up. It should take only about two hours to do this. 6. A memo to the Chief of Police on October llth in reference to traffic at South Fourth Street & Orleans Street and his reply was that the speed zone on Fourth Street should be reduced to a slower speed. It is now zoned at 35 mph and many children cress at this school crossing. He recommended using school zone signs eon South Fourth to alert drivers of this intersection. Mayor: What speed limit would you s.eggest for this area? Chief of Police: 20 mph. Councilman Nolde: I move that we fol>0ow the = ecommendations of the Chief of Police and zone this area at* 20 mph. Councilman Peterson: i second the motion. (all in favor). Councilman Peterson: I feel there shoould be some publicity on this before we put it into effect and stare tagging drivers for not complying with the speed limit. Councilman Melstrom: I feel our Police Department is very effective. 7. Mr. Huelsman on Myrtle Street has requested that a street light be put up in this area. Mayor: I received a call and a visit from the family and they would appreciate such a street light. These now is a token light on. Myrtle and prick. Councilman Peterson: I move that the Mayor and Councilman Wohlers survey this sight and bring back a recommendation on this situation. Councilman Nolde: I second the motion. (all in favor). 8. The City Administ_ator informed the NMayor and Council members that Dr. Fred Ealinoff has requested a light on Riverview Drive near his home. He will pay for the undergrourrid connection. He stated that Mr. Elliott of the NSP has looked at the situation. Councilman Peterson: I move that the Mayor and Councilman Wohlers check this sight out and speak to Mr.- Ralinoff and the neighbors to arrive at a mutual agreement for Chia light. Councilman Melstrom: I second the m©tion. (Councilmen Nolde and Wohlers opposed' - the Mayor also was opposed so the motion did not carry). 9. Memo from the Chief of Police informiing the Administrator that during the demolition of the Cosmopolitan State Rank the electric' works of the signal lights were dug up and put- these lights out of commission. He had an electrician look at the dannege and estimated the repair cost to be about $270.00 and the ChiemE instructed that the work be done and the bill sent to the insurance cascrier for the Moelter Construction Company. 4 1 • • (OctokEer 17, 1967 - continued) • 1 07 • 10. Memo from the City Engineer recommending that the city obtain a release from Mr. Lenno Schmidt. 1304 South Fourth Street, relieving the City of any liability in regard to any accid..ents or other mishaps that may occur because of the excessive slop:on the sidewalk by his driveway. Mayor: I suggest a letter be sent tee him explaining this to him that the City would not assume any liability in the case of any accidents. Councilman Peterson: I doubt if this would relieve us and that we would like a signed release. Councilman Nolde: I suggest that thee Building Inspector check this out and inform him that we will have to have a release. Councilman Melstrom: Now come the city is responsible? Councilman Peterson: I move that thee Building Inspector be instructed to contact Mr. Schmidt and inform hi_n that we are going to have to have a signed release because of the consatruction of the driveway and sidewalk. Councilman Nolde: I second the noti_un. (all in favor). 11. Meno from the Chief of Police reportzing the results of the written and oral exam given on October 7, 1967 ass follows: 1. David Knefelkamp, 26 years old, *City 2. Norman E. Webb, 29 years old, Ci-ty 3. James E. Eder, 31, Stillwater 4. Donald L. Beberg, 27, Bayport 5. John Callies, 32, Stillwater 6. William Skinner, 49, Route #2, S-tillwater 7. Robert A. Shopbell, Stillwater Councilman Peterson: We don!t plan -to hire the additional patrolmen until after the first of the year, r: ight? Chief of Police: That is correct. Councilman Nolde: I move that the CEkief of Police and the Administrator go over these applications before th.e first of the year and give us their recommendations. Councilman Peterson: I second the motion. (all in favor). 12. The McGarry Insurance Agency contacted the administrator in reference to compensation insurance and asked that the Council renew this insurance for another year. Mr. Robert McGarry stated that legally it is not necessary to advertise for bids and the rates are all alike. Councilman Peterson: I suggest that_ we renew this policy after all the trouble that we have had in the past-. Councilman Peterson: I so move that -ve renew the compensation insurance with McGarry Insurance Agency. Councilman Nolde: I second the motion. (all in favor). 13. City Administrator asked the Mayor a.nd Council members about setting up a date for opening of bids for package: fire and liability insurance for the City of Stillwater. Councilman Peterson: I move that we set the date of November 7. 1967 for opening of proposals for insurance. Councilman Nolde: I second the moti.on. (all in favor). 14. The Administrator stated that the school district mails insurance proposals to all full time insurance agents in the county for a package policy. • 108 (October 17, 1967 - continued) • • Councilman Peterson: I would move t..hat the City Administrator receive proposals only from the full time insurance agencies in the City of Stillwater for the city's fire and 1.Lability insurance. Councilman Melstrom: I second the maotion. (all in favor). 15. Memo from the Fire Chief recommending; the permanent appointment of John Schoen as a firefighter. Councilman Peterson: I move that these City Administrator be instructed to issue the Oath of Office to Mr. S=choen at this time. Councilman Nolde: I second the moti-on. (all in favor). (Mr Schoen was asked to report to the Council Chambers at this time and the Administrator administered the Oath of Office). 16. On motion of Councilman Peterson, se.eonded by Councilman Wohlers the following persons were appointed judsges for the special election on Sunday Liquor Sale to be held on October 24, 1967. lst Ward - 1st Precinct Miss Irene Collins, Chairman Mrs. James Delahunt lst Ward - 2nd Precinct Mrs. Lillian Butz, Chairman Mrs. Mortis Paskvan 24d-Whrd-vlstPtecinct Mrs. Ethel Biorn, Chairman Mrs. Pearl Paulson 2nd Ward - 2nd Precinct Mrs. Myrna Wihren, Chairman Mrs. Verna Johnson 3rd Ward - 1st Precinct Nrs. Leora Zoller, Chairman Mrs.Evelyn Ulrich 3rd Ward - 2nd Precinct Mrs. Paul Einess, Chairman Mrs. Ella Norman 1322 South First St. 1036 Fifth Avenue South 705 South. Holcombe Street 421 West Churchill Street 516 West Myrtle Street 232 North Martha Street 106 North Greeley Street 1018 West Myrtle Street 301 West Stillwater Avenue 418 West St. Croix Avenue 626 North Fifth Street 713 North Fifth Street UNFINISHED BUSINESS The matter of a hearing for resurfacing Marsh Street as requested by District 834 was brought up again. Councilman Nolde: I move that we tabote this and bring it up at the next Council meeting. Councilman Melstrom: I second the motion. (all in favor). Awarding the bid for the street garage. Councilman Peterson: If we spend $634,000.00 for the garage would this endanger the bond equipment figusres which are under your estimate. Councilman Nolde: Can we wait until Monday to hold off on the street garage bid and go over all the bids at the same time. Councilman Peterson: In the meantime the Administrator and Engineer can check out the amounts fon the various equipment items on the Bonds for these projects.. (no formal motion was made and paassed) (October 17, 1967 - continued) 109 • • • NEW BUSINESS On motion of Councilman Peterson, seconded by Councilman Melstrom the Clerk -treasurer's report for the first nine months of 1967 was approved and ordered filed. ORDINANCES None RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the payment of the bills.. 2. Approving the Municipal Building. 3. Permanent appointment of John Schoen as firefighter. 4. For the Vacation of a portion of West Oak Street. ADJOURNMENT On motion of Councilman Peterson, seconded bay Councilman Nolde the meeting adjourned at 9:15 P. M. COUNCIL CHAMBERS Stillwater, Minnesota SPECIAL MEETING October 23, 1967 4:30 P. M. Meeting called to order by President Poweell. Present: Councilmen Melstrom, Peterson, Wohlers and President Powell Absent: Councilman Nolde Also Present: City Administrator, Assistant to City Administrator, City Engineer City Administrator: The City Engineer i_s out on a staking job and is, unable to be with us. He has submitted the following recommendations in regard to bids submitted on the new street garage, front end loader and motor grader. Street Garage--E & H Construction, Inc., Stillwater $63,188.86 Motor Grader -- Hall Equipment, Incr., Minneapolis (Would like to recommend the alternate bid for a Galion - Model T-500 A. This will be an addition of $750.00 for this unit, relating the bid price to $20,906.00. This is $89.00 bellow the next low $20. 906.00 bidder.) _... Four Wheel Drive Front End Loader-- Minneapolis Equipment Co., Mirsmeapolis $21,659.00 Lima - Model 80 (This is the lowest bidder thamt meets the specifications) Mayor: Do any of the bidders have any tuestions? CouncilmanPeterson: I move that we folllow the recommendations of the City Engineer and award the contract for the Street Garage to E & H Construction, Inc.. the contract for the Motor Grader to Hall Equipment, Inc., Minneapolis, and the contract for the Four Wheel Drives Front End Loader to the Minneapolis Equipment Co., Minneapolis. Councilman Melstrom: I second the motion. (all in favor). At this time the successful bidders tharaked the Council for the awards and all bidders left the council chambers. (City Engineer arrived at this point of the meeting). The City Administrator read a letter from William Klapp and Al Bergen in reference to the appraisals made on two parcels of land now being used as parking lots and which the NSP are interrested in for their new office building. Parcel No. 1--located on North Mein Street -- $36,000.00 Parcel No. 2--located on South Second Street -- $21,000.00 Councilman Peterson: What did we pay liar the Bus Garage? City Engineer: $45,000. Mayor: Can we still use part of it as .a parking lot? City Engineer: By rearranging the meters we can still use part of the lot. Councilman Peterson: I don't know the -value of land but this sounds reasonable to me. (October 23, 1967 - continued) Mayor: If the Council feels this is a reasonable figure, then we should accept it. If we paid $45000.00. in would seem to me they are about $4,000.00 low on both of them. we would have to stand the expanse of tearing down the building. we can add this.if you would like. to the cost of the property. Councilman Peterson: The cost to th..e city at the time we purchased these lots was that the appraised price at. this time? Mayor: The parking committee took the appraisal and negotiated the price with the land owners according to these appraised property price. City Administrator: According to following appraisals: Stillwater Hardware warehous Peaslee Sutton Inez Janilla Bergen Property -Mower Block thme appraisals made in 1963 we have the e $12,900.00 010,000.00 to $14,000.00 now) $42,000.00 $ 1,500.00 $19.000.00 $50,000.00 Councilman Peterson: I move that wee accept the appraisal and instruct the City Administrator to send a copy off this letter to Mr. Elliott at NSP.'' (no second to this motion). Councilman Melstrom: Are we still open to negotiate? Mayor: I don't consider going any Mess. City Engineer: what if they are winling to pay more? Councilman Peterson: I>don't think we can get them to commit a price. Maybe we could tell them we have an appraiisal and get them to negotiate with us and state the price they would be wiilling to pay. Mayor: 1 feel that we should advisee them we do have such an appraisal. City Administrator: Perhaps if them made an offer it might be higher than the appraisal. I think they will try tam get the price down. f. I would suggest that we go along with Councilman Peterson and inform them that the Cityhas an appraisal and have them make their .offer for 60 feet in either parcel. if the. figure is low. then we could negotiaate with them. Councilman Peterson: -I will rescindmy original motion, and move that the City Administrator be instructed to. inform NSP that we have an appraisal on the property and that the Council will :accept an offer from them on either parcel. Councilman Melstrom: I second the notion. (all in favor). A memo from the City Engineer recommending the employment of Mr. James E. Dahlia, 139 South Fifth Street; Bayport as a Draftsman -Surveyor atthe sum of $580.00 per month for the s?.x month probationery period. and then to $600.00 per month, then adjusted upcwards as the situation warrants and as the employge gains experience to the sum of $650.00 per month as per the 1968 budget.. with paid overtime when employee ism on improvements. He would also like to obtain some clarification as to them length of time before residency will be,. required, as this will have some bearing on whether this appointee will accept the position. Mayor: How long before he could get up here? City Engineer: He just bought a house in Bayport last spring. Right now he is working for Remling in Minneapohis. Councilman Peterson: How long doors he think it will be before he can move up he.a? Has he stated any given time? I11 • City Engineer: No. Councilman Peterson: I thinkweslitould make an attempt to have him agree to move up at his earliest conveniences and not stipulate in so many days. weeks or months. If he doesn't sell his house, then he will be stuck. QOctober 23, 1967 - continued) Councilman Wohlers: He will be on a six month probationary period. City Engineer: Right. Mayor: You have heard the recommendation .o£ the City Mr.James Dahlin,Bayport.What are your wishe:e? ion Councilman raman3introduce I move to a Surveyyor at the sum of $500.00t Dahlinfor probationery period. Councilman Melstrom: I second the motion. (all in favor). Mayor: At the meeting Thursday at the Southview Country Club I was reminded that we did not allow funds for the Dutch 81m Commission for the removal of d' d trees which is the greatest help two the control of this problem. I would like to see funds set up for this commission. City Administrator: How much money are your talking about? Mayor: I think that is something we could talk about, 4 mills or $1.00 per person. If we levy a mill, we are talking about $4,700.00. We could find ourselves in a very embarrassing situaatlon if all of a sudden you.. came up with $15,000.00 or $20,000.00 charges i-f we should have an epidemic. I know that if you have a commission who is willing to work and we have nothing for them to work with they will not funetison. City Administrator: I am wondering if you: want to add any more to the levy. There are a couple other things to considers along with this. Mayor: What had you allowed in the budget for the retirement of the:deficit? City Administrator: $25,000.00. Councilman Peterson: I don't feel we shousLd increase the mill rate.: Mayor: Would you be willing to allow $2,5400.00 this year and decrease the deficit by $22,500.00? Dr. Cole would not= consider working without something to do. I do feel that this matter is impoertant and this is a very minimum amount of money to start on. Engineer to hire to hire Mr. James a six month City Administrator: The general fund can be used for any purpose, debt retire- ment, etc. and I would like to see the deficit cut by $25,000.00. Councilman Melstrom: I move that $2,500.000 be allowed this year for sanitation purposes for the Dutch Elm Commission. Councilman Peterson: I second the motion-. (all in favor). RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Award the bid for the Street Garage 2. Award the bid for the Motor Grad.xr 3. Award the bid for the Four Wheel. Front Loader 4. Employment of James Dahlin 5. Repass the acceptance of the Myrtle Street Project. ADJOURNMENT On motion of Councilman Peterson, secondeed by Councilman Melstrom the meeting was adjourned at 5:35 P. M. `�yJ1l..lzeta; GAF'. Mayor City Clerk • 1 1.3 • COUNCIL CHAMBERS Stillwater, Minnesota SPECIAL MEETING Meeting called to order by President Powvell. Octob.lr 26, 1967 4:15 P. M. Present: Councilmen Melstrom, Nolde, vnohlers and President Powell. Absent: Councilman Peterson Also Present: City Administrator and Aassistant to City Administrator City Administrator: The purpose of this meeting is to pass a resolution canvassing the votes for the October 244, 1967 Special Election. Here are the Judge's reports from the various wards on this election. (Reports reviewed by Council members). Mayor: The chair will entertain a motion to introduce a resolution for a canvass of these election returns. Councilman Nolde: I s.'ke a motion that we introduce a resolution for the canvass of the votes of the special ele•-etion of October 24, 1967. Councilman Melstrom: I second the moti—on. (all in favor). A discussion was held on the Minnesota Industrial Development Clinic to be held in Duluth, Thursday and Friday, November 2 and 3. Councilman Nolde: L feel the city shou=Ld be represented at this meeting. Mayor: How many of you can make it? (There was only the Mayor and Counwailman Nolde who would be able to attend this meeting) Mayor: Possibly we should hold off sendiLng in reservations and if we are able to go when the day comes, we will go. :Rather than pay $17.50 per person and find that we would be unable to attend, because the cost of reservations made on the day are only $20.00 per person. City Administrator: I don't know if yowl are aware that in the memo from the City Engineer that when we employ the :mew draftsman -surveyor that he will be paid overtime when working on improvemeemts. Mayor: We were aware of this and, of mousse, assume that this overtime should only be when working on special project=s. Memo from the City Engineer in references to the fact that he and Jack Shelton are unable to keep ahead of the contracetor in the staking and that they are unable to give any type of inspection est this time. City Administrator: Do you want me to go ahead and hire someone to inspect? Councilman Nolde: Does this mean that they need someone to inspect the sewer pipes? Wayne Loland: When I was up on South S,Lxth Street with Ron the other day, they had to take out two pipes up there that: were off two feet and if this had not been inspected it would have been covered up and then in order to correct it, it would have to have been duy up again. Councilman Melstrom: Whose fault was flat? Wayne: The foreman I would assume. I14 • (Oe.etober 26, 1967 - continued) City Administrator: How about grades? Somebody has to stake as the equipment keeps knocking them out. Jack. is on the instruments and he then needs help to stake. Councilman Nolde: I suggest that we send the memo back to Ron instruc- ting him to take one of the men off the street department and put them on staking so that Ron can take care of the inspecting. City Administrator: In reference to the Loader which we have contracted for, I wish to mention that Jack Shelton mentioned to me that the firm that now makes the Lima Model is a firm formed by the merger of several firms and is very new in the business armd this will be a very new piece of equipment. He felt we should be awaae of this fact. This necessarily does not mean that it will not be a good piece of equipment but it does carry a warranty. (Councilman Peterson present for tl-tis portion of the meeting) City Administrator: I wish to inform you that Jim O'Brien called me this afternoon changing the date of the parking committee meeting from October 30th to November 6th at 8:00 P. M. Councilman Molds: Since we are not going to have a meeting on Monday I would like to suggest that at this time we take up the matter of an Off Sale Liquor license transfer from Sharp to Thelma Jensen of Minneapolis. The application is already in the City Clerk's office and it has been checked out by the Police Chief and is all in order. Councilman Melstrom: I move that we approve the transfer of the Off -Sale Liquor license from Sharp to Thelma Jeneen subject to the bonds being delivered and the approval of the Liquors Control Commission. Councilman Wohlers: I second the motion. (all in favor). The City Administrator read the opinion received from Rod Lawson in reference to the appointment of a City F,ttorney who is the member of a firm that is a trustee for the bank witty which the City does business. This opinion would allow the Councidl to appoint Harold Kimmel as City Attorney. Councilman Melstrom: I move to introduce a resolution to appoint Harold' Kimmel as City Attorney and set his salary at $650.00 per month and to begin his employment as of November 1, 12967. Councilman Wohlers: I second the motiorm. (all in favor). A discussion followed on the annexation of property to the City of Stillwater from information received at the meeting at West St. Paul on October 19th, 1967. Mayor: I have asked the City Administrator to check out our tax rate which - would be used in each of these instances for annexations. We can assemble figures to show to them and have it down in black and white. The council can determine the tax rate and we could make a real attractive package but get them in. Mayor: I feel that if we do annex any :large parcel that we would have to expand the council from 4 to 6 members and would probably have to elect them from the wards. Councilman Nolde: I feel that with a 1 ittle legal help from the City we could get this property into Stillwater along with other parcels. City Administrator: We should take a g000d look at what is happening around us. Mayor: They would like us to annex all of Stillwater Township. Councilman Nolde: I am sure if we triesd this that we would run into a problem. sem • (OctoMber 26, 1967 - continued) • '15 • Mayor: If we have meetings with the Townships and things are agreeable then possibly the township of May could stake part of Stillwater Township and we could take about half way up. Councilman Snide: I don't think we ahou_ld agree on any boundaries. What is wrong with annexing all of them? Mayor: We don't want to rush into this. We should hold some meetings and get their feelings and explain to them what we have to offer. Councilman Nolde: Our Planning Commissi_mn and their Planning Commission meet with the thought that some day annexations will take place. We would have to honor their sewer connections. There isa nothing we can do about this now. Mayor: The Municipal Commission promotees the fact that we do annexing in large parcels, rather than small pieces.. We should meet with the Planning Commissions and discuss mutual problems and other things and it would probably result that we would have to have council members by wards. City Administrator: It probably wouldn" t be a bad idea to think about having Orville Peterson come over and give us ssome expert advice on what steps we should take in this matter and see what he thinks. Councilman Nolde: What happens if they later that they did the wrong thing? gym. Mayor: We should just sit down and discuss it with them. This would be good public relations. I don't feel that we are being deliberately delayed on the pending annexations. agree to something now and then decide City Administrator: I am still concerned about the increase in the tax levy for the year 1968. It is my opinion thaet our citizens will protest this increase. I feel this was too much of an adjustment for one year. Councilman Nolde: We can't be concernede with the mill rates. Our trouble is that we had to do everything in one year=. All we have done is saved the citizens money in the last two or three years by not making the salary adjustments which we made for the coming year. I would favor leaving the budget right where it is and not worry about it. City Administrator: The new County Audntor insisted that the tax levy be certified on or before October 10, 1967— Last year we did not get it up there until December. According to the state law it is to be in by October loth and we complied with the law. Councilman Nolde: I wouldn't be in favour of reducing it a mill. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Election Canvass. 2. Approving Law - additional on -:sale liquor license -restaurant 3. Employment of Harold Kimmel ADJOURNMENT On motion of Councilman Nolde, seconded; by Councilman Melstrom the meeting adjourned at 5:45 P. M. Attest: City Clerk Mayor • • • • • COUNCIL CHAMBERS Stillwater. Minnesota Regular Meeting Novemheer 7, 1967 7:30 P. M. Meeting called to order by President Powell. Openirg Prayer by the City Administrator. Present: Councilmen Melstrom, Nolde, Peter son. Wohlers and President Powell. Absent: None of Police, Also Present: Chief, sEngineer, Assistfante to City Administrator Fire City Administrator City Civil Defense Director. Guests: Bill Murray, Dick Muller. David Jumker, Jim Junker, Mr. Johnson Mr. Harold Kimmel took the Oath of Office :at this time with the City Administrator administering said oath. Mr .-. Harold Kimmel then filed the following statement, STATE OF MINNESOTA ) SS COUNTY OF WASHINGTON ) Harold D. Kimmel being first duly sworn on oath deposes and says that he is an attorney duly licensed to practice law in the State of 'Minnesota: that he is a partner of Karl G. Neumeier. also an attorney licensed to pectic' law in the State of Minnesota, both doing business under the firm name of Neuneier and Kimmel with offices at 200 Est Chestnut Street, Stillwater. Minnesota; that affiant is a stockholder Wm the Cosmopolitan State Bank of Stillwater and that the said Karl G. Neumeier is a stockholder and director in The First National Bank of Stillwater and also a stockholder in the Cosmopolitan State Bank of Stillwater; aned that affiant is informed and believes that both of said banks are depositories oof funds for the City of Stillwater. County of Washington. State of Minnesota. APPROVAL On motion of Councilman Melron, seconded by Councilman Peterson the following minutes were approved: Regular Meettin7:30 P. M. 10:00 A. M. Special Meetting 7:30 P. M. Regular Meeting 7:30 P. M. Opening of ids 10:00 A. M. Special Me aidsetting peciang 3:30 P. M. S7:00 P. M Regular Meeting 7:30 P. M. Regular Meeting 7:30 P. M. Special Mee-ting August 8, 1967 August 10, 1967 August 15, 1967 August 24, 1967 September 8, 1967 September 12, 1967 September 12, 1967 September 12, 1967 September 14, 1967 APPLICATIONS On motion of Councilman Nolde. seconded by Councilman Melstrom a 3.2 On - Sale Beer License was granted to Donald r. Mosiman and Glen L. Karloske (Pla Mor). 317 south Main Street. • (November 7, 1967 - continued) 117 • • On motion of Councilman Peterson, seconded: by Councilman Melstrom a license to haul Junk was granted to Harry Thompson., Bayport, Minnesota COMMUNICATIONS From the State of Minnesota, Department off Health regarding fluoridation of water. From the State of Minnesota, Minnesota Potlution Control Agency addressed to Municipal Barge Terminal regarding water pollution. On motion of Councilman Peterson, secoonded by Councilman Wohlers that the Administrator send a copy on this letter to Mr. Aiple of the Aiple Towing Ca. Information bulletin regarding 1985 Populcation Projections. The Mayor requested that copies of ttkis information be mailed to all the members of the Council. From Mrs. Harold E. Erog of the Library Babard requesting combining custodian services with Municipal Building. (addrensed to Councilman Molds). ... Councilman Peterson: Do they have a_ custodian now? Councilman Nolde: Yes, they do. They have a shortage of funds and are unable to take care of paying much for this particular position or job. City Administrator: The girls over there are making about $1.15 per hour. Councilman Nolde: Even if they cut their salaries, it wouldn't take care of paying a full-time custodian. They feel that our custodian could take care of it. They talked to me about it when I was with the Library Board. Mayor: I suggest that the Administaator meet with the Library Board and find out if some arrangements can be made with our custodian to take care of this wor. depending on bow much time it would take. Councilman Peterson: Did she indicsate to you the amount of time involved? Councilman Nolde: She talked to me about it and I told her we would �- discuss it. Mayor: If we could meet with them :so that they could tell us what is needed and then go from there. Councilman Nolde: I would say he would have to sweep once a day and mop at least several times a week. Councilman Peterson: Who is the cuastodian now? City Administrator: I do not know.. Mayor: we don't do anything until we get the information. Councilman Nolde: I would appreciate it if someone would advise them that we have brought it up at a Council Meeting and it is under consideration. It will be the administrator's prolalem and he knows how much money that they have and it is going to be a probleem. If they are going to have a custodian, we are going to have to work out soon kind of workable agreement. Councilman Peterson: I move that the Administrdnr be instructed to contact the chairman of the Library Board end find out what they expect in the way of custodial services. Councilman Nolde seconded the motion. (all in favor). • • • 1l8 (Miovsmber 7, 1967 - continued) • • DELEGATIONS OR INDIVIDUALS Bill Murray Muller Boat works Mr. Murray: We are just wondering if them City is going to renew theilease se from Northern Pacific. They have alreadly indicated that they are fence it off and there will be no access to Mulberry Point. The lease has terminated which was under consideration for the complex which was going up in that area. The price of the lease is beyond our means and then in addition there will be the taxes. Councilman Nolde: Maybe you could lease, it for $1200.00 or $1500.00 per year where it costed the City over $2,000.00. Mr. Murray: Who pays the taxes when thee City leases it? Mayor: How come you pay taxes when you don't own it? Councilman Peterson: We can go down andd look over the property. I don't believe the lease was ever squared away — Mayor: Does Hooley pay taxes on his p©rtion? City Attorney: Perhaps. this is something that I don't know about. Mayor: Would it be possible that that they are doing this to avoid Councilman Peterson: I move that for review and recommendations. it wawa in the fine print of the contract addit=ional gross earnings tax. this Ilse referred to the City Attorney Councilman Melstrom seconded the motions. (all in favor). Councilman Nolde: When you talked to tzhe railroad what did they have to say about this? Mr. Murray: Their attorney was over several times this summer woenleringce ing if we wanted to lease it. They said if= no one leases it, they wo his cit off ompletely.rtItsleaves usswithdonet anda smaMlltr adconsourfownl lerry Point lease. Councilman Nolde: I remember the last time you were here the only question at that time was that if the City were leasing property how could you derive revenue off it. Mr. Murray: Without this area we have _ been cut off from Mulberry Point. Mr. Muller: The revenue we get off these launching ramp just meets expenses. It just takes care of parking cars ansd makes this area available to as many people as possible. The only reasson we put on an attendant was to utilize the space to the benefit of oumr customers. Councilman Peterson: Let us check out= the real estate tax portion of it. There must be something in the law to allow us to charge taxes on railroad property. Mayor: I assume you would be interestted if we leased the land to work out something for this piece of property. Mr. Murray: If they (the City) lease all of the land including what we lease now, the taxes and lease would .amount to six or seven thousand dollars for the whole year. PETITIONS None BMA • (November 7, 1967 - continued 119 • CITY ADMINISTRATOR'S REPORT 1. The City Administrator informed the Council of a renewal insurance policy from the Stillwater Insurange Agency- for comprehensive glass coverage effective November 17, 1967 for a premium of $978.00 for the year. This is a renewal of a policy ordered about a year ago. Councilman Peterson: Do you have anew idea what a pane of glass in the front or back of the building would cost if it was broken? City Engine-r: I don't know but it should be far short of $900.00. Councilman Melstrom: I would say several hundred dollars. Chief of Police: A Thermo pane 9 x 6 feet costs $340.00. Councilman Peterson: What are the dlates of this policy? City Administrator: November 17, 19867 to November 17, 1968. Councilman Nolde: I move that we cancel this insurance. Councilman Peterson: I second the motion. (All members voted in the affirmative with the exception of Coemncilman Melstrom). Councilman Melstrom: I can't see cancelling out completely but believe that we should look into the possibilities of a cheaper insurance for this coverage. City Administrator: Presently I am .working on a package plan insurance for the City. All specifications should be ready and the proposals sent out to the insurance agents within tIke City of Stillwater not for public bid but by proposal but I assume that in this package we could have this protection. One of the insurance agents in the city is working with me on the program and I believe we can .come up with a better and cheaper deal. Mayor: 1 would suggest that the City Administrator check into the possibility of including this in the package program. Councilman Melstrom: I would like too remind you of a fire in St. Paul last week that will cost over $500,08e0. I am just stating this as a circumstance what can happen. Councilman Nolde: With the police asmd fire departments in the same building there is always someone here at all times. It would be different if we were located way out in the countrywithout any protection whatsoever. 2. The City Administrator informed the Mayor and Council that the Civil Defense Director has submitted the sepecifications so that we can advertise for bids for the 1950 Chevrolet Stat:ion Wagon as follows: "For Sale by the City of Stillwater, Minnesota - one 1950 Chevrolet Station Wagon, Serial #HPE 16029. ?This vehicle can be inspected by contacting the Fire Chief or one of tthe firemen. Anyone interested in purchasing this vehicle must submit as bid enclosed in an envelope securely sealed and addressed to the City Administrator, Municipal Building, Stillwater, Minnesota with an endorsement thereon reading "BID FOR 1950 CHEVROLET STATION WAGOBE". The bids will be received, opened and real aloud at a regular meeeting of the City Council to be held in the Council Chambers in the Municipal Building on Tuesday, the 14th day of November, 1967 at 7:30 P.. M." On motion of Councilman Peterson, seconded by Councilman Melstrom the City Clerk was directed to advertise for bids on the 1950 Chevrolet Civil Defense Truck. 3. The City Administrator asked the Cournail what they intended to do about the proposed hearing on the improvement of Marsh Street as requested by District 834. Councilman Peterson: I feel that the people on 4arsh Street should be contacted before we set a date for thiis hearing. • • 1.20 •(November 7, 1967 - continued) • • Councilman Nolde: This involves only four property owners between Fifth and Siith Streets - Namely, Saari Heaney, Robert Junker, Dale Jacobson and Mrs. Ruth Wangeiin. Councilman Peterson: Send a letter stating that the school district has requested that this street be improved. These letters should be sent before any notice of hearingw is publicized. 4. The Administrator informed the Mayors and Council that he had a letter and bulletin from the League of Minnesota Municipalities in reference to urban and rural taxiing districts. Mayor: This should be available foss the Council members for their study. There is a meeting being sckteduled and it will be discussed further at that time. If we understand this we can work a little better with the annexations that we Lave in mind. I suggest that you make copies of this material and give to each of the council members. 5. A memo to the Building Inspector recnarding a release from Lenno Schmidt and he replied that his autEterity ends at the property line and any jurisdiction as far as sidewalks and driveways thereon is under the City Engineer. He stated that he felt if the city wants a release they should consult the City Attorney. Councilman Nolde: I suggest that the City Attorney take a look at ..4 along with the City Engineer and make some recommendations about the matter of a release. Councilman Peterson: I would move tthat the City Attorney be instructed to check the situation tow see what we would have to have to absolve the city of any responsilbiLity. Councilman Wohlers: I second the motion. (all in favor). 6. The City Administrator informed the Mayor and Council that the following appointees terms of office expire December 31, 1967: Board of Health Donald Nolde Park Board Karl •G. Neumeier Library Board Planning Commission Mrs. :Donald Granquist Mrs. :Henry Van Meier Mrs. -A. J. Kraemer John Condon I. A.. Bergen Frank= Steinmetz Recreation Commission Cordaro Smith Mayor: Mr. Administrator if you wiill call this matter to my attention some afternoon, we will check out these people to find out whether or not they wish to continue to serve in these capacities. 7. The City Administrator informed the Mayor and Council members of a Certificate of Insurance for Leo A... Richert dba Lee Richert Plumbing 6 Heating Co. Councilman Peterson: I move that tshe certificate be approved. Councilman Melstrom: I second the notion. (all in favor). 8. The City Administrator asked the council members to set a fee for the special Sunday Liquor licenses... According to the information he had the maximum is $200.00. Councilman Peterson: Does the Citi4 Attorney know what the maximum fee is for this? City Attorney: I am sorry I do notr know. 4 • (Ncevembsr 7, 1967 - continued) twat Councilman Peterson: I move that thee City Attorney check this out and report back at the next meeting. Councilman Wohlers: I second the motion. (all in favor). 9. The City Administrator informed the MMayor and Council members of the Workmen's Compensation Policy from McGarry -Kearney Agency from November 15, 1967 to November 15, 19668. premium for same is $5,325.00 and reminded the Council that we had received a refund during the past year of over $2,000.00. On motion of Councilman Peterson, seconded by Councilman Nolde this policy was accepted. 10. A bond for Rosetown Sanitation, Inc.., 1408 Coon Rapids Blvd., Coon Rapids, Minnesota for excavations, waas presented for approval. On motion of Councilman Nolde, seconded by Councilman Peterson that we accept this bond subject to the aapproval of the City Attorney. 11. About a year ago the City Council decided to burn fuel oil in the Municipal Building and the fire stat:ion and try to find out what the cost would be and then try natural gaas for one year and determine which is the cheapest. The council recently made the request for the cost of heating the two buildings with oil and that cost from September, 1966 through April. 1967 was $2,191.44. Trhe estimated cost of last year for the oil and gas using 11C a gallon for o dL was $1,964.00. It would cost another $200.00 for maintenance. Th .is would be about $2,100.00. The estimated cost for gas at the rate gymeted last year was $2,300.00 firm rate with a difference of $336.00 saving using oil. Mayor: In view of the problem we heed the other day t.iis was taken care of. There was an oil smell through -the building and this was caused, we believe, by air coming back through -the furnace and out through the blower. If gas would come back that same way-, it could be mighty dangerous. I feel the problem has been solved for the time being. City Administrator: There was the gruestion of air in the boiler room and it came through the luver doors. Total Cost -Gas-Oil--Natural Gas Standby oil $2,216.26 $ 672.00 $2,88R.26 Total cost estimated cost by NSP for- Oil $3,520.00 Mayor: Does the Council want to malee a decision in this matter tonite? Councilman Melstrom: I think we shcould continue for another year on the straight oil. Councilman Peterson: Do we have anya trouble with the heating unit? City Engineer: We had some trouble initially but as far as I know the system is operating. I don't think it is operating properly if we are getting oil back in the building. Jet the luvers were not completely closed, we should not have this problem. The mechanical engineer should take care of this for one year and this can probably be adjusted so that this does not continue to occur. Councilman Peterson: I would move that we continue to heat with oil for one year and the City Administrator contact the mechanical engineer to check out the heating plant. Councilman Wohlers seconded the motion. (all in favor). 12. The City Administrator informed the Mayor and Council members that all the papers are ready for the Karl Schmoc ckel property which we recently pur- chased and we can make the initial sayment of $3.000.00 annually each year at the first of November which amount is interest free. Councilman Nolde: Should we lay this over for later action when the City Attorney has had a chance to go oven. the deed. (Novereber 7. 1967 - continued) • • City Administrator: b.r. Eckberg and Mr. Lammers have already done this. (See resolutions). 13. The City Administrator informed the !Mayor and Council members that he has the specifications for the tw.•o new police cars. Councilman Nolde: I move that we advertise for bide for two police cars bids returnable, Tuesday, December 12, 1967 at 4:30 P. M. Councilman Peterson seconded the motion. (all in favor). 14. On motion of Councilman Peterson, seconded by Councilman Nolde the following substituted collateral! was accepted: Securities Pledged -Federal Intermed$ate Credit Banks 5.75% due 8-1-68 - Firet National $100, 000.00 Bank, Stillwater Securities Removed from Pledge -Banns for Coop Deb. Rec., 4.30% due 11-1-67-Ffaxst 100,000.0U National Bank, Stillwater $ 15. The City Administrator asked Councilman Peterson to report on the meeting held on November 6th with tte Municipal Commission regarding annexations. Councilman Peterson: Mr. Eckberg hsad a list of ordinances that were passed before 1960 some of which were recorded and sone which were not and were not up at the Court Hosmse. There seems to be a problem on one of them that is still pending dating back to 1963. A copy of the petition was never filed. Tile City Administrator is looking this up and trying to get this file completed. Mr. Eckberg is checking to see that they are in order. There will be another meeting at 7:30 P.M. on November 27th to go over the boundaries and future annexations and what they would like to have at that time is a projected boundary line for the City of Stillwater and in tram they are to have a boundry lima of their own and we will go over it_ together. They would like to have us submit a proposed boundary line Eor the City of Stillwater and they will submit proposed boundary lines.: for Stillwater Township. We are suppose to meet prior to the 27th amend set up our boundaries. City Administrator: I was checkings on this today and I found that on 6 of these three were amendments just setting up the voting wards only and one is pending and one was withm7rawn, so actually there is only one in question and that is the ones in 1963 on which a petition is missing. Mayor: We shall meet on Tuesday, !November 21st at 7:30 P. M. at the home of Mr. Brower to set up the boundaries for the City of Stillwater. DELEGATIONS (out. -f order) Mr. Johnson Route #2 Councilman Peterson: What part of the -land do you want to lease? I believe there are 57 acres there. What about the trees? Mr. Johnson: I just want the tillable aarea which is about two-thirds of this area. Mayor: I was out there and there is on-:e row of trees in about the North one-third of the property. Th., 'valance of the trees are along the road. Councilman Peterson: It wouldn't be yovur intention to cut down any trees. Mr. Johnson: No. I would till it and -then measure the acreage. I want just the portion I could use outside of' the trees and the pot holes. Mayor: You stated that you would pay $.L0.00 per acre for the tillable land on a year-to-year lease basis. 1 • • • (Naovember 7, 1967 - continued) Councilman Nolde: When would your year begin? Mr. Johnson: Actually in the spring. It is too late to do anything now. Mayor: No matter when the year started, ywou could only get one crop off it each year. Maybe you could have someone from the City go out with you and measure out the land you intend to use. City Administrator: May I suggest that Councilman Peterson take care of this. Councilman Peterson: How about Friday niceht at 4:30 P. M., November 10, 1967. I'll meet you at your home. Councilman Nolde: It sounds real good. We will wait for Councilman Peterson to make a report at the next meeting. . 123 • David Junker and Jim Junker: Mr. Junkers I am here in regard to the dump. I haven't seen an 80 yard truck out there yet. City Administrator: The Engineer indicated that the box on this truck has an 80 yard capacity. I do not know what this means packed or loose. City Engineer: This is 80 yards loose carpacity. Councilman Nolde: How big a truck d you: think it is? Mr. Junker: You can't buy one bigger tha-a 40 yards. Also he was paid more than $1,265.00 during the month of Septersber. Councilman Nolde: Mr. Junker talked to ma yesterday or the day before and I feel we should get the file out on this amid see if he was paid twice in one month. City Administrator: The contract was madam in the middle of the month on the slips prior to this time were submitted oem two different verified account _forms and then the other was for half of the coettract price. Mr. Junker: Yesterday he was hauling dint out to the dump. What is this for? Councilman Wohlers: This is cover dirt. Mr. Junker: He is also to haul the garbaege away. He is burning it with the rubbish. Let us get the bills and see tat it costs. Mayor: We are having another meeting tomorrow to make arrangments for a new dump. Councilman Melstrom: I did after you catled me find out that it is 80 yards loose and if it was compacted it couldn't be moved. Mr. Dunker: He has not got a truck - it is a trailer with 8 foot sides and until last Thursday when he put sides on it, it was a flat bed for hauling poles. Jim Dunker: It is another month now. Councilman Peterson: We will have to to:lk to Gordon to see if he is violating his contract. Mayor: I have information that it is an 80 yard truck. Jim Junkers Should we go out there and .check this out? The City Administrator presented the bil-ls covering the dump operations that have geen paid to Mr. Gordon. David Junker: What about a bill for doo=ring? City Administrator: I believe that Mr. °Gordon hired Moelter to do dooming for him and sent the bill to Mr. Gordon, and the City got no bill from Moelter for this work. • • (ENevember 7. 1967 - continued) • • Councilman Nolde: I want to have it clear in your mind that we did not pay Gordon twice in one month. City Administrator: Why don't you come in wheem you have time and we can go over the bills. The City Administrator also read the specifications as printed in the advertisement for bids. Jim Junker: Have you seen the tractor out at the dump? City Engineer: I haven't been out there. Councilman Peterson: I have seen it out these. Jim Junker: Was it out there today? Councilman Peterson: I was not out there today. City Administrator: We should have a daily .check out there to make sure that he has the equipment that is required bm the specifications. Jim Junker: How much more time has he? Mayor: We have a meeting set up for tomorro..v to discuss a new dumpsite. Councilman Peterson: This contract can be terminated in 30 days. It is not a long term contract as such. Jim Junker: It will be a long term contract if we con't complain. Mayor: I feel that we won't get one right away. We appreciate your coming in. It is your duty and privilege to comply€n. Maybe you can go over this with Mr. Brower and see that he is fulfilling his contract. Dave Junker: He will not dump no garbage of=t there. I would like to suggest to Mr. wohlers as long as Mr. Gordon likes the dump so well, why not let us take turns at this work? Councilman Peterson: We are going to have to get on Gordon if he is not living up to his contract. Councilman wohlers: That dump is as clean as I have ever seen it. If you close that dump, you will have everyone on tour back. Councilman Peterson: Why don't we go out and check and see if Mr. Gordon is fulfilling this contract? Councilman wohlers: There is nothing out there but a trailer. City Administrator: The only money thaWM=. be $don wi5.lt receivetve u til other arrangements are made for a dump will'. DEAN CHARLSEN Mr. Charlsen: I have here several leaflets for advertising your city. I know that the city has $1,000.00 which was set aside for such a purpose which was not used. City Administrator: We did give the citizoems an opportunity to vote on this matter to allow $3,000.00 per year fo3 our city but it was turned down. Mr. Charlsen: But didn't we have $1,000.040 set aside for this purpose. City Administrator: Theecaminers would no-t permit this levy. Mr. Charlsen: These would be good items to be passed out by welcome Wagon. The cost is relatively inexpensive. City Administrator: Sometime back we had a booklet telling about the City of Stillwater. The cost was something lilee $300.00 or $450.00. They were distributed to as many people as came into our office. I think eestillney ll have the survey we made at that time and people commented, so foolishly?" • Vat Aso (Povember 7, 1967 - continued) Mr. Charlsen: I am here this evening for= the Stillwater Development Corporation in reference to acquiring 109 acres Souttm of Hefty's for an Industrial Park. The party that is interested would also yoke the Stillwater Development Corp- oration and the Stillwater Chamber of Commerce interested to use the property they will be developing for a park. The Chamber of Commerce is very much interested in the project. I am sure them Development Corporation will go along with it, if the City Council would back them 100% in annexing the full 109 acres as residential -industrial property. City Engineer: It could come in as agricultrual. Mr. Charlsen: will the Council be willimmg to help with the annexation and yet not create any hard feelings with Stillwater Township. Mayor: We are having a meeting on Novemter 27th to discuss boundaries with Stillwater Township. Mr. Charlsen: If you are going to wait for Stillwater Township it will never come. Councilman Nolde: I don't feel we should set any boundaries. Mayor: If this property petitioned to bee annexed, we would be favorable. Mr. Charlsen: You will put up a battle -and you will have to continue to battle. Councilman Nolde: As far as I am concerned I won't quiver. Councilman Peterson: If the property owaiers want to annex, we will go along' with it. Mr. Charlsen: I must know tonight whethmr or not the council is behind this. Mayor: I shall poll the council at this time: Councilman Wohlers yes Councilman Nolde yes Councilman Peterson yes Councilman Melstrom no Mayor: The County will continue to maintain the county roads, right Mr. Attorney? City Administrator: That is true. Mt. Charlsen: Why do the other municipaLlities get help from the County on their roads and we do not? Councilman Nolde: Our County - Commissio--aers are not doing a good job for us. UNFINISHED BUSINESS None NEW BUSINESS On motion of Councilman Nolde, seconded by Councilman Peterson the City Clerk -Treasurer's report for the first ten months was approved. On motion of Councilman Melstrom, secondated by Councilman Peterson, the building inspector's report for the month of October was approved. On motion of Councilman Peterson. second_!ed by Councilman Nolde the October 20 and October 27th minutes of the Planning-- Advisory Commission were approved. ORDINANCES None • (No-wewb•r 7, 1967 - continued) • • RESOLUTIONS The following resolutions were read and we:re on roll call unanimously adopted: 1. Directing the payment of the bi1Ls. 2. Initial payment on Schmoeckel Property ADJOURNMENT On motion of Councilman Nolde• seconded bye Councilman Peterson the meeting adjourned at 9:59 P. M. Mayor Attests City Clerk 127 COUNCIL CHAMBERS Stillwater, Minnesota Norember 14, 1967 7:30 P. M. REGULAR MEETING MEETING CALLED TO ORDER BY VICE PRESIZDENT NOLDE. OPENING PRAYER BY THE CITY ADMINISTRPSTOR. Present: Councilmen Peterson, wohler=s and Vice President Nolde (Councilman Melstrom arrived late following the Planning 6 Zoning meeting). Absent: President Powell Also Present: City Administrator. Aessistant to the City Administrator, Fire Chief, Chief of Polices. City Engineer, City Attorney 3NFINISHED BUSINESS (out of order) This was the day and time set to opera bids for the sale of one 1950 Chevrolet Station Wagon. The Clerk read the advertisement for bids aloud: Vice President Nolde inquired if the advertisement for bids were puQblished, and the Clerk informed the Council that the advertisement for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on November 3, 1967. The following bids were then opened and read aloud: Bid N1 David Colombo City Fire Dept. $52.50 On motion of Councilman Wohlers, seconded by Councilman Peterson the bid of David Colombo for $52.50 was acceptedE for the sale of the 1950 Chevrolet Station Wagon. APPLICATIONS None COMMUNICATIONS None DELEGATIONS OR INDIVIDUALS None at this point of the meeting. PETITIONS A petition for annexation to the Cityd of Stillwater was presented to the Council from Neil M. Bealka and Glenna M. Bealka for property on the West side of Lily Lake. Vice President Nolde: Someone calle 7 me and said they checked out this property and they couldn't have sewer_ in this area as the lot is too low. City Engineer: I never made such a statement. I don't know if the lot is too low. But I do believe this would be inside the city limits of Stillwater. Vice President Nolde: Can you go dolman and check this out on the map and see if it is within the city limits? (The City Engineer left the Council Chambers and went to his office to °� check the matter out.) I (november 14, 1967 - continued) • City Engineer: This land lies all with In the city limits. Vice President Nolde: That means this :petition need not be considered. A petition from Roger J. Hayes requesti:.ng the vacation of West Willow Street from North Second to North Fourt:.6 Street. Councilman Melstrom: The Planning and Zoning Commission recommends that this vacation be approved as requested. Vice President Nolde: You have heard t-he recommendation of the Planning and Zoning Commission. what are your welshes? Councilman Melstrom: May I state that the Commission was not unanimous in their acceptance. There were a few of the members felt that they should have more time on the matter. I would Like to say before we make a motion I believe that it is the recommendations of the Stillwater Engineer and the recommendation of the City Building Insmpector that we grant this petition. On motion of Councilman Peterson, seconded by Councilman Melstrom that we accept the peition for that portion of Nest Willow Street and order a hearing to be held on December 19, 1967+ at 7:30 o'clock P. M. CITY ADMINISTRATOR'S REPORT 1. Memo from the Chief of Police requ:iesting permission to promote Alfred Roepke to Police Lieutenant effective date to be January 1, 1968. and permission to give exam for one semrgeant opening, effective date: January 1, 1968. Cost of above will be handled in the present approved budget for the year 1968. The aboave ranks will give the City of Stillwater a better police department. Vice President Nolde: Have you talked to the Mayor about this particular promotion? Police Chief: No. Councilman Peterson: This will of 'feet his salary? Chief of Police: Yes, I have a schedule which is ready to go for January and the only way to have Chia work right is to have two sergeants and two lieutenants. Wi_th seven men working each day, on the late shiftl want a man that I man have in charge, so there will be no goofing off. If I give a serge -ant orders for the night I know they will be carried out. It will amoummt to $420.00 and there would be no added expense as far as salary -goes. Councilman Peterson: In the budgeet Mr. Administrator did we budget any money for overtime and vacationers pay? Chief of Police: With this added man power I have it figured out for 6 months and I am in good shape ass far as my budget is concerned. Councilman Peterson: I feel that the Mayor should be informed about this and we should refer it to hiss and have him report back to our next meeting, but that the Chief oaf Police give the written exam for the sergeant. Councilman Wohlers: I second the notion. (all in favor) 2. A memo from the City Engineer requmesting that the City rent two (2) portable toilets for the Lily Lakes Beach area for the skating season starting after Christmas of this year and continuing until the end of February. The approximate cost_ to rent two units would be $61.00 to $62.00 per month. Councilman Peterson: What about insurance? • • (November 14, 1967 - continued) 129 ww City Attorney: If you are leasing, them from a regular company the insurance should be good. Councilman Peterson: Look at the damages we have suffered in the past at our warming houses. Councilman Wohlers: Most of that was done in the summer time. Councilman Peterson: We have problems in the winter time also and one example is the warming houses at Staples Field. Vice President Nolde: We should oheck into who is responsible in the case of damage and also just how the insurance coverage works. City Administrator: Why don't yo:a approve it subject to the insurance responsibility. Councilman wohlers: I move that vue approve this subject to the City Administrator and City Attorney etaecking the matter out and with no further responsibility on our part-. Councilman Peterson seconded the emotion. (all in favor). 3. Reply to a memo to the City Attorney in reference to real estate taxes on leased property from the railroad companies, the basic rule is that when such property is leased to a private individual or corporation, it becomes taxable "except where such= use is by way of a concession in or relative to the use in whole or past of a public park * * *" It would appear that even such properties a_re under 273.19 subject to taxation if the lease is for a period in exces. :s of three years. It would appear if the Council is so inclined that it night be possible to make an arrange- ment under which Mulberry Point co-tld be exempted from taxation. I would suggest further consultation with -the City and County Assessors on the subject. Councilman Peterson: This is what is happening now. City Attorney: Even if it is a concession, if the lease runs for three years or lore .it is"still taxable. If you would lease to Muller's on a long term lease, then it would be ?taxable. Councilman Peterson: I think we sleould contact the railroad and meet with their attorneys. Vice President Nolde: I am sure oar attorney should talk to them and work something out. Councilman Peterson: The railroad is forgetting about the fence until spring from the information I have . I move that the City Attorney and the attorneys from the Northern Paecific railroad meet in regard to the possibilities of Stillwater entering into a lease withthem for the area North of Myrtle Street along the rrover. Councilman Wohlers: I second the motion. (all in favor). 4. Requests from the Fire Chief as follows were presented to the Council: (1) Purchase of light bar and P. Eq. system for personal car of the fire Chief. (2) Purchase of Walkie-Talkie Radio through Civil Defense matching funds for fire department and Civil Defense use. (3) For $25.00 per month gas and auto expense for fire chief's car -- effective January 1, 1968. Councilman Peterson: I move that we allow the fire chief to purchase a Walkie-Talkie, light bar and federal radio and to allow the chief $25.00 per month car allowance, all of thiLvs to be effective January 1, 1968 subject to getting 50% from the Civail Defense on the radio. Councilman Wohlers: I second the emotion. (all in favor). (No.vember 14, 1967 - continued) • 5. A memo from the Fire Chief asking the •-council's consideration and/or approval recommendation to increase the mill levy for fire protection to the rural areas from 31 raiLls to 5 mills prior to May 1, 1968 when the new contracts are signed. Fire Chief: The feeling of the surrounding communities is that they are all trying to go to 5 mills o.f the contracted area they provide. The majority of the communit_Lea to have this five mill rate. We are only charging 31 mills. Vice President Molder Couldn't you meeet with the townships and approach them on the matter and they v.-rould be aware of the increase • I would like to suggest to the chief that he get all the information together and get up before the variousa town boards and present this information to them. Would you be willling to appear before these town boards? Fire Chief: Yes. Councilman Wohlers: Can you tell us sat the mill rate is for fire protection? Vice President Nolde: About $10.00 asmd the township would .be costing them but a few pennies. The five mil:1s is actually only a small token. We maintain all the eluipment Land the manpower here. Councilman Peterson: I think we should let them know before we do it. Vice President Nolde: This will give them time to make other arrange- ments if they do not go for it. Fire Chiefs I have to appear before -the Grant Township tr set up the numbering system and I will present this matter to them as suggested that we increase the mill rate to 5 m-illls. City Attorney: This will have to be --done before March as they set up their tax levies at that time. 6. A reply from the City Attorney in reference to the law regarding the sale of intoxicating liquor on Sunday- and the fee to be charged for such licenses -- Chapter 691, Laws of- 1967, provides that a license may be issued for a period of one yeasr for such a fee as the heaCl beml adein shall determine, but not exceeding $2100.00. Applications sthe same manner as for other licensees to sell intoxicating liquor. Councilman Peterson: I think we shoumld charge $200.00. Councilman Wohlers: I don't agree. Vice President Nolde: I think we should wait until Councilman Melstrom returns. Councilman Wohlers: How much does Bayport charge for regular licenses? Councilman Peterson: $800.00 Councilman Wohlers: I think it is auwfully easy to start out at $200.00 and then find out we might have to reeduce it. Councilman Peterson: I can't see and objection to $200.00 licenses. Councilman Peterson: It is up to th«ose who want to open up on Sunday to apply for the license and pay the fee. I move that we set the license fee at $200.00 (There was no second to this motion). (Discussion on this matter continued later in the meeting when Councilman Melstrom appeared). 1 • • • (November 14, 1967 - continued) 7. A request for a skating rink at Piones:er Park which was signed by a number of residents in this areas was presented to the Council by the City Administrator. Councilman Peterson: I move that thiis be referred to the Recreation Commission and they be allowed to uses their own good judgment in this matter. 131 • Councilman Melstrom: I second the motion. (all in favor). 8. The City Administrator read a letter to the Council from Mrs. E. B. MCComber, 1300 N. W. 70th Terrace, Hollywood, Florida offering for sale to the City of Stillwater some property which she owns on the corner of Olive and Grove Streets for the construction of a branch to the City's Fire Department. Councilman Peterson: I move that the City Administrator write to Mrs. MCComber thanking her for her offfer of this property for a fire barn and that we are not interested est this time. Councilman Melstrom: I second the motion. (All in favor). 9. The City Administrator presented to tithe Council a request of Kermit Sommers, 1336 Second Avenue for permissiion to hook on to Oak Park Heights sewer system, which is now being insttalled on Orleans Street. His under- standing is that he will not have to hook on to Oak Park Heights water system, but would also like permission to do this if it is required by Oak Park Heights. City Administrator: If the request :s granted, would this be a disadvantage to the City of Stillwater in the event of annexations? City Attorney: As far as the present law, they can't detach property from a City. It does seem to me if there is a sewer line there to service someone in another area that is anott er question. Vice President Nolde: I have never seen or heard of a petition from these people requesting sewer in this area down along Hillcrest Drive and that general area. '.. Councilman Peterson: I think Mr. Saunders should be informed that in the event that sewer were installed in tl-at area he would have to stand any assessments. Councilman Melstrom: I wonder if this shouldn't be talked over by the two attorneys. City Attorney: Also that we pass a resolution approving his hooking up to Oak Park Heights and that this would not relieve him of any further assessments. When we put in the linen in that street would be benefitting these people. Vice President Nolde: Ron, are we geeing to have to put a line in that street to serve some of the property owners. After all wouldn't it be easier for Oak Park Heights to serviece that area. City Engineer: We can take it all Neorth into one of the bigger lines or we could take it from his place East and we do have a right of way there. City Attorney: They can make him paw to hook up and the charge would probably match the cost of an assessment. We could suggest to them that they should consider the possibility of petitioning us for the cost of the sewer. The engineering aspects are snore important than anything else. Councilman Wohlers: Where is the claosest line into that area at the present time? City Engineer: Sixth Avenue. City Attorney: Would that go down On leans? • City Engineer: That would go up to Orleans.... Can get up to Fifth Avenue and Fourth Avenue. If they petitioned, it teculd put us down on Main Street. Vice President Nolde: If these citizens warted sewer why haven't they petitioned for it. As long as I have been on the Council they have not requested it. City Engineer: As long as Oak Park Heights is putting it into the Street and they think the hook up will be only $100.00. What they don't know is that their hook up could be as great as an assessment. City Attorney: Maybe we have no alternative but to put in a sewer line in this area to service other areas. Councilman Peterson: I would move that the City Engineer and City Attorney work on this matter and check out the situation and come up with some sort of recommendation and in the meantime the Ciaty Administrator be insjtructed to inform Mr. Sommers tiat we are working or this. Councilman Melstrom: I second the motion. (a11 in favor). 10. A special use permit from Ronald Schoenborn, 716 South Fourth Street was presented to the Council after action head been taken by the Planning and Zoning Commission. On motion of Councilman Melstrom, secotm:ded by Councilman Peterson that we accept the recommendation of the Planning and Zoning Commission for this special use permit for Mr. Schoenbborn. 11. The City Administrator advised the Council members of a letter and bulletin from the Minnesota Highway Department in reference to snow removal from State Highways. On motion of Councilman Peterson, seconded by Councilman Melstrom the City Administrator was directed to give this material and information to the City Engineer. (The City Adminiestrator gave this material to the City Engineer at this time). 12. The City Administrator reminded the Council members of a meeting on November 28, 1967 at 7:30 P. M. in the Council Chambers for the purpose of opening the proposals for insurance €or the City of Stillwater. 13. The City Administrator advised the council members that he has an insurance binder from Hartford Insurance Co. to cover the City until the City opens the bids and determines %which is the best proposition and this binder holds good for up to 86 days - from September 8, 1967. 14. The City Administrator informed the Council that the Mayor and Mr. Wayne Loland met with Mr. Robert Haines in regard to a dump site and that Mr. Haines has offered to provide Land and the necessary equipment to operate a sanitary landfill in Stillwater Township for $1,000.00 per month as a starting figure and along with this offer Mr. Haines had indicated that he would also charge the business people in the downtown area an additional charge per load for materials hauled to the dump site. Also that he would like the City Council_ to give him any tree removal that the City may order in the future. Mr. Haines stated that he was not sure cmtkether the Township of Stillwater would grant him a permit to operate a landfill dump because there was some opposition to this type of operatiom in the area proposed by Mr. Haines. ADDITIONAL MINUTES ON THE LIQUOR REFEREN3i11M: (continuation of Item #6) Vice President Nolde: Councilman Melstrean before you came to the meeting we had a discussion on the matter of the charge we will make for the Sunday Liquor Licenses. Some of us feel it should be $200.00 and others feel it should be $100.00. What is your thinking on the :tatter? (November 14, 1967 - continued) 133 Councilman Melstrom: Am I to be th.,e tie -breaker and suggest $150.007 I understand there are going to be people who are going to be open and this will stop the people from goismg to Wisconsin Councilman Peterson: We gave them the opportunity when we held the election. Councilman Melstrom: I move that we charge $150.00 for the Sunday Liquor licenses. (There was no sec-.o-nd to this motion). Councilman Melstrom: I think the ;4uestion is serious enough and we should give it some thought before: we take action. Councilman Wohlers: Charging more than $100.00 might be a hardship to some of these places such as P1_a Mor. Councilman Peterson: You are taikcLngabout nickels and pennies. They are getting along on $1,000.00 per. year now. Councilman Melstrom: We are as a body here setting up this fee. Vice President Nolde: We haven't been able to come to a decision on the matter to this point. Councilman Peterson: I don't belSieve the license makes the difference. Councilman Wohlers: I will change my decision and move that we charge $150.00 for these licenses. Councilman Melstrom: I second the motion. (Councilman Peterson opposed). DEISGATIONS OR INDIVIDUALS (out of order). Victor Prescott Stillwater Taxi Co. Mr. Prescott: I bought Bill Clem:angel Taxi Company out and would like to have all the licenses issued to me. I have given the insurance transfer endorsement to Mr. Brower which I received from the Nrog Agency. City Administrator: I have the memo fm±om the Kraig Agency requesting endorsement from the Traveler's Insurance Co. to read: Victor Prescott dbe Valley Cab, policy to cover liability on three Checker Calms. Mr. Prescott: I will use both names, Stillwater Taxi Co. in doing business. Councilman Peterson: How many license-:s will you use? Mr. Prescott: I will use all of them. We have ten cars and two busses co serve the community. Vice President Nolde: I have always f.eLt that there should be only one cab company in Stillwater and serving this community with good equipment and theme should be enough customers to make a g-a of it. Councilman Peterson: I move that the •C'ity approve the transfer of the licenses from Mr. Clemmings to Mr. Prescott dba_. as Valley Cab Co. Councilman Wohlers: I second the moti an. (all in favor). and Valley Cab Co. UNFINISHED BUSINESS Councilman Roger Peterson repotted to t.ie Council regarding his meeting with Mr. Johnson on November 10th. He reported that they viewed what he wants to plow and it was Mr. Johnso•a's recommendation that he is not going to plow until the spring. Then after he has plowed this area that the City should go out and survey this plowed aa:rea. He agreed to pay $10.00 per acre. Councilman Peterson: I move that we rent this property to Mr. Johnson at $10.00 per acre based on the acreage after it- has been plowed. Councilman Wohlers, seconded the motio:so. (all in favor). (November 14, 1967 - continued) • Y Councilman Melstrom: I question the matter of surveying this property after it has been plowed. I knew someone that is interested in renting the buildings on this property. City Engineer: The City has items storedil in the garage out there. Councilman Melstrom: I did not know thism. Councilman Peterson: I looked in the windows but I did not see anything in this building. City Engineer: There are many items out there in the garage. Councilman Wohlers reported to the Council regarding the street light out by the Buelsman property on Myrtle Street and he reported that there are four old small lights beyond Brick Street in this area and unless these are changed over to the new bigger type of 'Slights he would not go along with putting in this single light in that area. Vice President Nolde: This is a long range program with NSP and these four lights will be replaced in due time_. Councilman Peterson: Do you remember Mr_. Engineer if the project would continue out beyond Owen Street? City Engineer: Yea, it should. Councilman Wohlers: I recommend that we put in all four lights and the additional light at the same time but not just the single unit. Councilman Peterson: I second the motions. (all in favor). NEW BUSINESS None ORDINANCES On motion of Councilman Peterson, secondemd by Councilman Melstrom the second reading of "The Housing Code of thus City of Stillwater, Minnesota" was carried over to the next regular meeting. RESOLUTIONS The following resolutions were read and weere on roll call unanimously adopted: 1. Directing the payment of the biLLs. •2. Sunday Liquor License Fee of .$1s:P.00 3. In memory of Isaac Gordon. * Not published in required time - repassed 11-28-67 ADJOURNMENT On motion of Councilman Peterson. seconded by Councilman Melstrom the meeting adjourned at 10:00 P. M. Mayor Attest: -2/6-n—iEr City Clerk • 1,35 • • COUNCIL CHAMBERS Stillwater, Minnesota SPECIAL MEETING November 28, 1967 7:30 P. M. Meeting called to order by "resident Powe711. Present: Councilmen Peterson, Wohlers and President Powell (Councilman Ma-strom arrived lade following Planning and Zoning meeting) Absent: Councilman Nolde Also Present: City Administfator, City A_-ttorney, City Engineer, and Assistant to City Administrator The City Administrator read a letter from, the Village of Oak Park Heights regarding water and sewer assessments andrates for non-resident connections. DELEGATIONS (out of order) Kermit Sommers 1336 Second Avenue So. As you know the Village of Oak Park Heights have installed a sewer in Orleans Street. This sewer is 20 or 30 feet £roan: my property line. I would like permission to connect on with the Oak Part Sleights sewer line. The first step is to get permission from the City of Sti_LLwater to hook up. In telling with Councilman Wohlers he indicated that my petition was denied. Mayor: We discussed this again today ana we felt that the Engineer should be informed and the easiest and quicker way would be to have him here to explain what might take place. Ron, can you at this time catch us up on it. Ron: Mr. Mayor and Council and Mr. Sommers as you are aware we do not have any sewer in that area beyond Sixth Aven me. Mr. Sommers: If you will look at that area. there are only 4 or 5 property owners. I don't feel it would be feasib3lle to run a sewer line down Orleans Street to service these few people. Ron: Possibly not down Orleans Street but down Second Avenue which is on the East Side of your property and directly Bast of you is Mr. Hobson who is also _ in the City of Stillwater who has a 33 fszot easement which would be an extension of Orleans. It is our intent and there _rs more interest generated in that area for sewer. If the time came that they wanted sewer in that area the whole area -- would be better served all at once. I am sure the Council would go along with it. If that is the case sewer would be jest up Second, Third, Fourth and Fifth Avenues and possibly up Orleans to proviade a better flow. This will have to come because the Village of Oak Park Heisghts would not let the City of Stillwater see their specifications. If this need -were to come about on Second Avenue, then you would have a sewer abutting your. All Second Avenue. 1 Ron: This is a situation but we do not £•eeL that we have authority to go out and check and this is primarily the sit:a..ttion as we are faced with there and that is why they felt that I should explain this to you. Mayor: The discussion that we had this afternoon we felt that you needed sewer and wanted sewer now and should sewer ruin abutting your property that you would then be expected to pay that portion which would pass by your property. Mr. Sommers: I realize that and I am willing to take that chance. Doesn't sewer service increase the value of the property? Mayor: Should it have to go past your p.00perty to service someone else., then it would be a decision of the courts. Mr. Sommers: Certainly if the city put sewer down Second Avenue. I would be �. willing to pay an assessment. Ron your explanation was very good. But what about sewer for Orleans Street? 136 e (November. 28. 1967 - continued) • • Ron: I don't believe we are talking about s awer for that area. Mr. Sommers: I question that they would all: like sewer. The thing that has come up is the cost involved due to the cocky condition in this area and the expense it might involve. The general feeling is that the cost is too great. I am talking for myself and mot some of my neighbors. Ron: How can they make a statement like that when no survey was made of this area. Mr. Sommers: I didn't attempt to get any petition from any of them. Oak Park Heights will do nothing until I have something in writing. Actually I would not have to request permission and tthe Law states this, that if the City of Stillwater cannot furnish any sewer, I have the right to deal with any other municipality that will serve me. City Attorney: The reason they would be reluctant is that sewer and water can be collected by certification on their taxes. Mayor: Say in two years we decide to put i:.a sewer in this area and you have a sewer you might say no and this niglast hinder the whole project. Mr. Sommers: I can see your point. Mr. Malror. Certainly this is why I came up here to talk to you. Mayor: Gentlemen, you have heard Mr. Sommers request and the explanation by the City Engineer. Councilman Peterson: would this easement be an easement to take the sewer across our streets to his property? City Attorney: We would have no responsibility in the matter of damage. Councilman Peterson: If the line were to txceak on our side of the center line, then wle t? Mr. Sommers: Now they are digging up to tine property line and no other work will be done until next spring so that is why I am here tonite. Now is the time to do it and I would not like !Co hook on after the street is repaired. I hope the decision can be made now before this work is finished. Councilman Peterson: Would you be willing to sign something for our files that you wouldn't oppose sewer on Second AtiuenUe South if a petition comes in. Mr. Sommers: I would be willing to sign ass I own other -property on Second Avenue. Mr. Sommers: I don't feel it is feasible no put it down Orleans for the few residents there. Mayor: Ron, you would have no way of knowing now if there will be a loop sewer service on Orleans? Councilman Peterson: Do you know if anyonaa e)se will be requesting to hook on to Oak Park Heights? Mt. Sommers: You might have a request frosa Mr. Zolldan. Ron: There would be a possibility that if! Mr. Sommers and Mr. Zolldan were allowed to hook into oak Park Heiotts and if at some future date the other two property owners went in on a pe'tLtion to have sewer from the City of Stillwater, we would have to go by his place. Mr. Sommers: Fritz Barnholdt has a vacant lot on Orleans Street. Ron: How about the house on the Northwest corner of Orleans? Mr. Sommers: That is Red Owens, then there is Weckeerth's and Zolldan's. Councilman Wohlers: Did you Jay we will 5No down to Fourth Avenue? • • (November 28, 1967 - continued) 137 Ron: Not for sure but it would be tahc:an down the most economical way. Councilman Wohlers: I don't feel that: we should hold up Mr. Sommers at this time. Councilman Peterson: In order to expedite matters. I would move that Mr. Sommers be granted permission to hook on to the Oak Park Heights sewer if he would also sign a statement that hem would have no objection against sewer in Second Avenue if and when it comes and will pay any assessments for sewer service constructed by the City of St3)llwater. Councilman Wohlers seconded the motion. (all in favor). This was the day and time set for the opening of the insurance proposals for various property and liability exposures. The City Administrator read the letter which was sent to all full time insurance agencies within the City of Stillwater. The City Administrator informed the Mayor and Council that nine (9) sets of proposals were picked up and we have three bids to open up this evening. On motion of Councilman Peterson, seconded by Councilman Wohlers the City Administrator was directed to open the insurance bid -proposals. Bid #1 ICrog Agency Hartford Insurance Co., Hartford, Connecticut First Year Premium $14,733.00 Next Two Years $12,484.00 (plus the premiums: for automobile liability and physical damage coverages which must be re -rated annually) Bid #2 Stillwater Insurance Agtency St. Paul Fire & Marine Lnsurance Companies, St. Paul Annual Premium $13,885.00 Bid #3 McGarry -Kearny Agency Home Insurance Co., New. York Annual Premium 59,612.00 On motion of Councilman Peterson, seconded by Councilman Wohlers that these bids be referred to the City Administrator and City Attorney for tabulation and study and report back on Thursday... November 30, 1967 at 4:30 P. M. on motionpf Councilman Peterson. seconded by Councilman Wohlers, the following Off -Sale Liquor Licenses were approvedH,subject to approval of the Liquor Control Commissioner: Edward J. Davidson 231 East Myrtle St., Stillwater, Minnesota Mildred Gersdorf 224 South Main Street, Stillwater-, Minnesota J. L. H., Inc. (John L. Hinz) 302 South Main Street, Stillwater, Minnesota Thelma I. Jensen 226 South Main Street, Stillwater, Minnesota William C. Kinsel 118 East Chestnut St., Stillwater , Minnesota Merl K. Meister 112 North Main Street, Stillwater, Minnesota Dorald F. Mosiman & Glen R. Karlo:sxe 717 South Main Street, Stillwater., Minnesota (November 28, 1967 - continued) P^. • • Bonds in the amount of $1,000 each were a2Dso approved, subject to the approval of the City Attorney. On motion of Councilman Peterson, secondeed by Councilman Wohlers approval of Sunday Liquor License for the Lowell Inn was granted subject to delivery of the bond. The City Administrator inquired of the Cavemen what Local Improvements they intend to order done during the year 1968 so that the Engineer can prepare estimate of costs and hearings ca_abe held on the proposed projects during the winter months. The streets on which we have petitions ar•e- as follows: Orleans Street Marsh Street - requested by the SchoaoL District 834 West Ramsey Street Poplar Street Riverview Drive (denied 4-12-66 due to the fact that there were other streets that were mono urgemnt at that time) Mayor: Row much are we wasting in money LE we make Orleans a narrow street now and then widen it later? Ron: The street could be designed so that you just tear out the curb and gutter. Councilman Peterson: Do you think it is better to put in the narrow street or the wider street? Ron: Economically I would say go with thee narrow street because we can blow the snow into the cemetery and on time school property. We have a situation where there are only three drivmeways and really one piece of property that would face the street direcmtLy. The Council could pass a resolution to allow no parking on Orleans to take care of this situation if we do with the narrow street. Councilman Peterson: If we do all five of these would this be a package deal and will we spread the cost over the entire project? Ron: I would say in this particular cases if you were going to take all five of them, they could be done as a package deal but due to the fact that some would have sewer and others not= and with the varying widths that this would not be a fair assessment.. Mayor: When we talk about assessing everybody the same, the last time it was a different situation and I believe this time we would have a problem. Ron: This time there will be a different situation as each street will be different widths and services involved. This would have to go as individual streets unless the Council warts to set a maximum figure. We could do them all in a package and then assess separate. Councilman Peterson: I think we can get by on Orleans Street with a 22 foot street. Has any of the engineering been done on this street? Ron: The engineering on Orleans Street Etas been done and we had no idea what the width would be and this world present no problem. Councilman Wohlers: Marsh Street would -take care of most of the school busses. I don't see the traffic up Orleans that was talked about. Councilman Peterson: I think if a 22 fort street on Orleans will provide a smooth traffic flow and not he too bad engineering wise considering the $37.000.00 cost and Marsh Street i think we should do and we should also go on Ramsey. City Administrator: I am wondering if anyone has given any consideration to acquiring half of the original portion of the Fairview Cemetery. Bein Osema • • • (November 28, 1967 - continued) Mayor: What do we have in the way of 22 Hoot streets in the City of Stillwater, Mr. Engineer? Councilman Peterson: I just wonder if tine cost would be that much cheaper or if moat of the costs involved would bee the same, such as moving the fence and moving the graves and the new gate,etc. Mayor: Now wide is North First Street up your way, Ron? Ron: It is 30 feet by my house and up further it is 28 feet. Grove Street off Pine is a 24 foot street for the one block. Councilman Peterson: I would move that t=he City Engineer be instructed to commence with the necessary work, to prepare estimate costs on Orleans, Marsh, and West Ramsey and also instruct the Citzy Administrator to check on the petition of Riverview Drive to see what P-t. Kalinoff owns 50% or more of the property on this street. Councilman Wohlers: I second the motion... (all in favor). A memo from the City Engineer requesting NO PARKING signs along the West side of South Greeley Street from West Churcchill Street to a point approximately 100 feet southof West Anderson Street intersection. Mayor: While we are on "no parking" I have received complaints about the Postal employees parking on Myrtle Street-. City Administrator: This situation has been corrected. They are parking in the empty lot on the corner. Councilman Peterson: Do you feel that th-is should be done, Ron? Ron: I think so until we can rebuild this street and make it wider. Councilman Peterson: Would a resolution to sufficient to take care of this. City Administrator: Yes. Councilman Peterson: I move to introduce a resolution to provide for NO PARKING on the West side of South Greeleg' Street from West Churchill Street to a point approximately 100 feet South onf West Anderson Street. Councilman Wohlers seconded the motion. (all in favor). Charles Healey Hooley's Wholesale Meats Mr. Maley: There is an ordinance against! using city water for any refrigeration over 10 horsepower and I was not aware of that at the time. I have talked to Harold Foster and Charles Thompson and Chacck is familiar with the situation as well as the refrigeration architect and he advises me that there would be a possibility of using a well for the coolimag. I went to the water department to check if there was any objection of a weld. I assume it is necessary to have some type of permit to dig a well. We just estimate that this is about how many gallons of water we would be using worth a 40 or 50 horsepower pump for' refrigeration. The reason we want water cooling rather than air cooling is because the air runs with high heat and wall break down more easily. It is really important to have the right type of refrigeration and water is the best andwer to the problem. It is the most economical and the most efficient and dependable. I would like your permission to drill a well for this refrigeration. Mayor: Mr. Thompson couldn't find any ordinance against drilling a well in the City of Stillwater. Councilman Peterson: Ron, do you know of any restrictions? 139 • (Nove®ber 28, 1967 - continued) • • Ron: None so far as the City is concerned but you have to have a permit from the State to drill or dig a well. Mr. Hooley: I believe this will run into ca storm sewer on Commercial Avenue. Ron: No. this is a sanitary sewer on Commeercial Avenue. Councilman Peterson: Have you checked with_. the state, Charlie? Mr. Hooley: I asked the Federal Inspector and he said you would have to have a permit from the City. There are no- regulations as far as the federal government is concerned. Harold raster stated it would in no way affect the water consumption for the ceity. The maximum amount of water would be 45 gallons per minute. Ron: Some time last year or this year I received a notice from the State Conservation Department that you mus:-t have a permit from the State to dig or drill a well, as you are going t ato the waterways of the State to get this water. Councilman Peterson: Is there anything tlt.at we have on the books, Ron, or Lester, that would prohibit someone frown drilling a well? Lester and Ron: No. Mayor: How would this well affect his sewer revenue charge? City Administrator: Some estimate would heave to be made because of excessive amount going into the sewer. Councilman Peterson: Charlie is this strictly for your refrigeration unit that you use the well water? Mr. Hooley: Yes, we will use regular city water for drinking and other purposes - Councilman Peterson: How would this affect -our sewage plant, Ron? Ron: Ten gallons per day won't have any edffect on the disposal plant. Councilman Peterson: How would this affect the trunk line? Ron: I think the line would be large enough but I would have to check it out. Mayor: Why don't we have Mr. Hooley work 'swath the engineer and take whatever steps are necessary to dig this well. subject to checking it out with the proper authority and the engineer. Councilman Peterson: I would move to this effect. Councilman Wohlers: I second the motion. (all in favor). The City Administrator asked the Mayor and Council for authorization to split the Connolly Shoe Co. parking facili-ties assessments as follows: Due on Factory Building $426.56 Due on Outlet Store $885.94 Mr. Hooley: It was my understanding when ewe purchased this building that all of these assessments had been taken care oaf. City Administrator: No, there are the abocue amounts due. Three installments had been paid but there is still a balance due of only $426.56 and we have talked to Mr. Thueson about this and he tolld us to certify this balance. • (November 28, 1967 - continued) 141 • Councilman Peterson: I move that the parking lot assessments be split on the Connolly Shoe Co. property - $426.56 t.o Hooley's and $885.94 to the Connolly Shoe Co. or the new owner of the 'Outlet Store, and that these amounts be certified on the rolls in their entirety. Councilman wohlers: I second the motion. (all in favor). The City Administrator asked the Mayor anal Council that a decision be made regarding the water problem at the Glaser Service station and that they were all aware of the problem. Ron: We have put a burn in to avoid the `..eater from running over the driveway. I have an estimate from Walter for $850.4:0 and he said it would not run over $1,000.00. The city owns one small piece of land in that area and it is possible that this water could be coming off our square some place and also it could be coming off the Bliss property - Councilman Peterson: If it turned out that this water was coming off private property could one property owner sue another? City Attorney: It seems to me that Pauly- has an obligation to protect himself. Councilman Peterson: If this will do the job, it is hard to tell where this water will go. Mayor: The burn will solve Panly's probL.em and the storm drain will solve our problem. Councilman wohlers: Why can't there be tine behind Pauly's and tun it into Dean's creek? Ron: It is a bad situation and my personal feeling is that this reverts back to when the building North of Pauly's satempty for so many years. Councilman Peterson: I would move that t::ke City Engineer be instructed to contact Welter and put in the necessary match basins, etc. at the quoted price of $850.00. Councilman wohlers: I second the motion_ (all in favor). DELEGATIONS (continued) City Administrator: Mr. Hooley would like to have some time again on his problem. Mr. Hooley: I would like to ask if the Council would okay or give me permission to drill a well as far as the city is concerned. Mayor: Ron, can you take care of this tomorrow if there is no objection by the Council. Councilman Peterson: i would have no objection if it is okay with the State. Mr. Hooley: The well will be outside the building either near the back of the building or by purchasing part of thee City property on the South side of the building. (Councilman Melstrom arrived at- this point in the meeting) Councilman Peterson: I move that the City grant permission for Hooley's Wholesale Meats to drill a well at the 04.L8 Connolly Shoe location as long as the sewer line will meet the city enginestr's approval that the sewer line will take this water. Councilman wohlers seconded the motion. (all in favor). • hibvseber 28. 1967 - continued) • • The City Administrator asked for authorization: for the sale of certificates of indebtedness to fund projects which were do.:n.e in piece -meal fashion and not properly financed amounting to $107,251.1/ . This amount was originally $258,000.00. Collections have been made from :property owners and we are now down to the $107,251.11 and in the meantime we have used other refunds to finance the project to save interest costs. These funds are gradually being depleted. Councilman Peterson: Don't we have $100,000.013 in the sewer revenue? City Administrator: Yes, this is due in about February. We can transfer funds from one account to another but there ism one thing standing in the way of doing this and that is our General Fund is in such bad condition that I don't recommend that we do this. Councilman Peterson: Do you want to sell certtiticates for that amount? City Administrator: I think for a short period of time until the Council is ready to proceed with the projects were taliking about earlier this evening, then I would suggest at that time yotn sell bonds to finance the projects and include this amount and pay the Ricca] indebtedness. Mayor: Six months would tie us over. City Administrator: On Certificiates of Indebttedness we can say one year or less and we can carry them over until next year. For the General Fund we can't do this. When you finally make your final decision on the new street projects,then we can include the CertifEi.dates of Indebtedness and pay these off. Councilman Peterson: I move to introduce a reesolution to authorize the City Administrator to sell Certificates of Indebbtedness up to $110,000.00 not to exceed one year from the local finance agent. Councilman Melstrom seconded the motion. (all' in favor). The Mayor reminded the Council that there wodlle be a meeting on Wednesday evening, November 29, 1967 at 7 o'clock with the Parking Committee of the Chamber of Commerce at the Municipal Building. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Repass resolution setting the Fee for the Sunday Liquor Licenses. (Councilman Peterson opposed). **2. No Parking signs on the West Side of Greeley Street *3. Certificate of Indebtedness for financing street projects. * Not published per instructions from Mr. Browder ** Rot published in required time - repassed ]later ADJOURNMENT On motion of Councilman Melstrom, seconded by Councilman Wohlers the meeting ajourned at 9:40 P. M. mil ilt e .(9 . M‘CEe Mayor Attest: City Clerk • • 143 ' e • Council Chambers Stillwater, Minnesota November 30, 1967 4:30 P. M. Special Meeting Meeting called to order by President powefll Present: Councilmen Melstrom, Nolde, Petsrson, Wohlers and President Powell Absent: None Also Present: City Attorney, City Administrator, Police Chief, Fire Chief, Assistant to City Administrator Mayor: We will let the City Administratowr conduct the meeting from his agenda. City Administrator: In the matter of the insurance bids that were opened the other evening the City Attorney and the three insurance agents and I went over these bids yesterday afternoon and recommend that the lowest bid be accepted which was submitted by the McGarry -Kearney Agency for $9,612.00 per year for a three year period. Mayor: You have heard the recommendations of the City Administrator and the City Attorney. Councilman Peterson: Did you talk to McGarry and is that right( It is a pretty good price. City Administrator: Yes, I met with all the agents yesterday afternoon. Councilman Peterson: I move that we fol.Low the recommendation of the City Administrator and the City Attorney and award the contract to the McGarry - Kearney Agency for $9,612.00 per year. Councilman Nolde: I second the motion. (all in favor). Mayor: We received a call from Mr. Kermit Sommers today and he said that you. prepared an agreement and you had put in there that he was agreeable to assess- ments on Second Avenue but he would not bre agreeable to assessments on Orleans Street. It was decided then that perhaps the letter should be read and see if this was what the council intended. The City Attorney read the portion of theme statement regarding the assessments as follows: "That in the event that the City of Stillwater may hereafter construct a sanitary sewer system -which would otherwise result in a benefit to the property which the undersigned now desire to connect to the Oak Park Heights sewer system, the undersigned agrees that they will not object tw construction of said system even though said system results in. the levy of assessments upon the above described property." Councilman Peterson: Do we have a short side assessment on sewer? Mayor: Yes, he would only pay assessments for 25 feet on a 150 foot lot for the Orleans Street side. If this was purl in to complete a lo7p, it would be put in on Second Avenue South. City Attorney: I don't think we can eve :r ask him to not object to the amount of the assessment. Mayor: He agreed on his own free-will t.'hat he would pay any assessments on Second Avenue. Mr. Kimmel, can you callhim tomorrow and explain to him the wording in the statement. He always has. the right to object to any assessments when we hold the hearingr. • • (povembear 30, 1967 - continued) in for bids lbidsfortfuelroilAs foretheve Cityne in sincehe thisasst we arnountsdoesdrunaadvertise over $1,000.00. Councilman Peterson: I move that the City Adm-dmistrator be directed to advertise for bids for fuel oil for the City o_f Stillwater from January 1, 1968 to January 1, 1969. Councilman Melstrom: I second the motion. (aiL1 in favor). The City Administrator read a letter from the president of the Fairview Cemetery Association asking the Council if they are still interested in acquiring the land necessary to widen Orleans Street. Councilman Wahlers: In just plain English their price is too high? Councilman Peterson: I feel we should write to them and explain that we plan to go ahead and make a narrower street for the time being. Councilman Nolde: 1 believe that when we met witert hh the enFairview oCemetery Board that when we polled the Council that they this extra land. Mayor, you were not at that meeting and I would suggest that if we have any record of that meeting we check the notes to see if this is not true. Mayor: To fill in the Council for those who metre not here that evening it was decided since the engineer had the eng. 1meering done and we could make a 24 foot street here with the property -that we had that we would do that a:d have no parking on either side. (This matter is subject to having the records; checked out on this meeting with the Fairview Cemetery Boardi..) The City Administrator informed the Mayor and; Council that he had a final statement on the claim for Workmen's Compensaution for Adeline B. Elliott, widow of Lee W. Elliott. The City Administrator informed the Mayor ana Council of an Order of Reference & Notice of Hearing from the Industrial Commission of Minnesota regarding the claim of Florence Kress, widow of William R. Kress, deceased. The City Administrator read a letter from Mrs. Arnold G. Jirik requesting permission for a skating rink on an empty lose in rairmeadows. Councilman Nolde: Who owns this lot? Councilman Peterson: We have made it a policy in the past not to flood these lots all over town. Councilman Nolde: I don't see how the .&ity can go out and flood someone's lot. Mayor: As far as insurance goes if yous: have a rink in your back yard you are responsible. Councilman Nolde: I make a motion that we send a letter to Mrs. Jirik stating that the only lots that WPM flood are on city property due to insurance and other factors invo.Lwed. Councilman Peterson: I second the motion. (all in favor). A memo from the City Engineer advising the Council that Dr. Kalinoff owns S0.17662% of the abutting land on Riverview Drive for which he petitioned for blacktopping in April, 1966. • (November 30, 1967 - continued) 145 Councilman Peterson: We maJe nqq}}.�decision on this street. There was a question as to whether or notj"fiad the right to petition. He can petition since he owns over 50% mf the property according to the engineer's memo. It is a horritmLe street and we wouldn't make it any worse by fixing it. Councilman Nolde: Did you indicate that you would do this street the other night? Mayor: No, we wanted to check eto see if this was a legal petition. Since it is a legal petition we will have to go along with it. Councilman Peterson: I think it is a waste of time and money to go through the work of laying out this street and doing all this work for one resident. They are the onlny ores that use this street since all the other property owners use tile other streets. Mayor: We can go out and take a look at it. City Attorney: You could ask Mom. Kalinoff if he is still interested in having this work done. Councilman Peterson: The best thing that could happen to that street would be that it would wash out.. Mayor: I think that Mr. Kimmel "s suggestion is a good one. The City Administrator presented to the Mayor and Council a petition of annexation to the City of Stillwater by Gilbert J. Benson and Lydia B. Benson. Mayor: It has not been resolved as yet. If we .'ere to notify them, they might then withdraw the petition. This is in reference to the boundary lines which are being discussed with Stillwater Township. Councilman Nolde: I know that some years ago that Mr. Benson was thinking about coming in. Councilman Peterson: Did the Stillwater Township get a copy of this? City Administrator: Yes, that _1s what is indicated on the top of the letter. Councilman Nolde: Is this just a sliver of land? How much acreage do we have there? City Attorney: This is just a small tract. Councilman Nolde: I move that 'we accept the petition for annexation from Gilbert J. Benson and Lydi_t B. Benson to the City of Stillwater. Councilman Melstrom: I second the motion. (all in favor). Councilman Peterson: We are jwst going through the formality of accepting this pepition -- that this is i.a proper form and the necessary papers are included. Mayor: Right, and our next meeting with Stillwater Towbship should help us to complete this annexaution. The City Administrator informed the Mayor a^9 Council that Mrs. Jerold Murphy had called at the office regarding a letter which she sent to the Council on August 15th regarding an adjustment in sewer revenue charges due to leaking faucets and running wnxter. This was brought up at a previous meeting but due to the lack of the E'Lgures involved no action was taken. Billing was for $13.00 and previous Billings averaged $7.80. Councilman Nolde: I move that this sewer revenue charge be reduced to $7.80 effective October 1, 1967. Councilman Peterson seconded the mot_Lon. (all in favor). • (November 30, 1967 - continued) • • The City Administrator read a memo regarding the inspection which was made by the City Engineer of the discharge of water into the sanitary sewer system by Hooley's, Inc. and they wawa found to be adequate to accommodate the additional water from this nafrigeration unit. City Administrator: A question has come up :and it was presented to us by Chief Cormier in the form of a memo to the City Administrator as follows: "As requested, at a recent conference, I conferred with the City Attorney and the Attorney of the Public Safety group and they both agreed that the Chiefs of both the PoILice and Fire Departments should receive all the benefits of the Association with the exception of Article I, Seniority". Mayor: This is called to your attention arnd 1 believe because there are contracts with both men that perhaps ttnis may not be the case. I can say, Chief Cormier, when I interviewed men for the Chief of Police, I asked everyone how they felt about a department heads about belonging to an association of this type and every man that I interviewed felt that it was not a necessary thing and that they would not become a part of it and they made this statement fluently and Jit was explained to them and we hoped that we could work it out with you aeud the Police Chief. I feel that whatever the Policemen and Firemen are going to do about that is their business. We feel as far as holidays are concerned you should get your holidays and you get paid for them. Mos do not necessarily get paid but you are free to take another day off when 3t would work into your sbhedule or your personal demands. This is my feeling and also of one of the other councilmen. Chief Cormier: No doubt you were not infonrmed that I am no longer a member of the association. Mayor: I was aware of this but thought I should bring it up now. I feel that we can work with both chiefs and in complete harmony and when a raise is forthcoming for the men the Chiefs will be included. I feel when it comes to holidays all city employees outsic a of unions or associations should be treated the same. Councilman Peterson: I don't disagree wit7M1 it. Don't you receive all the benefits? Chief Cormier: This is holiday pay only. Chief Abrahamson: For example today when -we made out the holiday pay up to this point we found that the pay difference between the Lieutenants and the chief is very little when you add thie;a holiday pay to their regular pay. Councilman Nelda: I look at it this way. We hire you we enter into a contract. We agree on $750.00 per month and you are in my estimation the department head and there is a lot a department head can do that your help cannot do. If you call in that you have an emergency, you have full control of your office. Your salary might= not be right but we are doing the best we can. Mayor:, When we had this plan made up and then we set the basic pay for the lieutenant at $610.00 then we figured this reasonable step up but when you look at the budget he is making SE670.00 or more. Chief Abrahamson: I am not complaining. We just wanted you to be aware of this. Mayor: This is all new to us. We did not figure the benefits when we set up these salaries. Chief Abrahamson: These people are not imm command and are receiving the same pay. We are just trying to show you what is happening. Mayor: We will then ask that you allow ume a little more time on this and see what we can do. We are aware of it new and can do something about it. • • (November. 30, 1967 - continued) 147' e Chief Cormier: I feel that it was just an oeversight and we thought it should be called to your attention. Chief Abrahamson: I was amazed when we loole at it today and came up with these results. Mayor: I will personally see what we can dam about it. Councilman Nolde: With these contracts it going to take us about a yearor so to get it all straightened out. Mayor: It is not correct that a department head gets just a few more dollars than the help in that department. City Administrator: Mr. Kimmel was asked f mx an opinion on this and he has given it. City Attorney: I think there should be exam written clarification as far as what the department heads may do within .certain bounds and should be expressed in writing for our own protection, so that they know what their rights are. Mayor: I think because they are department: heads and in cases of emergencies they merely have to call in and give us tides information. I would appreciate it if any department head who wishes time o,Ef would call Mr. Brower so he has knowledge of it. City Administrator: The department heads line been doing this to my knowledge. Mayor: When there is justification that a Separtnent head needs to take a long weekend or have to be away from the jab for another reason they should be allowed to do this. Councilman Nolde: I want to look at department heads in a different light than his help. Department heads come to thee Council and can express themselves at that time, and make their requests. Councilman Peterson: At the time we were negotiating the contract this exception that we made in Section Two was not to be construed all through the contract. It was in reference to senicority only. Mayor: If you have sometime when you are riot pressed with other business and if you would like to put down these little things that should be written down so that both the Council and the department heads are aware of them as we feel this is important. City Attorney: I think it is only importa.rt if you have problems. If a department head is not performing up to standard, we should have something, to go on. Mayor: we will check it out soon and take care of the matter. Chief Abrahamson: I am still awaiting a cldeoision on the promotion of Alfred Roepke to Police Lieutenant which was to him- effective January 1. 1968. Councilman Nolde: This was brought up at the meeting November 14th when you were absent and the matter was referred to you for a final decision. (Directed to the Mayor.) Mayor: I personally have no objection to the promotion and I would approve it. (November. 30, 1967 - continued) • • RESOLUTIONS The following resolution was read and on roll CALL unanimously adopted. 1. Award the insurance bid to McGarry-Kea:.rney Agency. ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Wohlers the meeting adjourned at 5:35 P. M. Mayor Attest: lelenrUjjbj City Clerk 149 • COUNCIL CHAMBERS Stillwater, Minnesota December 6:, 1967 4:10 P. M. Special Meeting The meeting was called to order by President Powell. Present: Councilmen Melstrom, Nolde, Peterson and President Powell. Absent: Councilman tlohlers Also Present: City Administrator and Edward Davidson This meeting was called to consider the S gecial Permit for Edward Davidson to erect a building which is to be used am a car wash at 417 East Nelson Street which is to be known as the King K:min Car Wash. It will be constructed of metal and will be a self-service unit. Councilman Peterson: Do you have the recaa®aendation of the Planning Commission? Mayor: Yes, it was approved on December °3, 1967. Mayor: Gentlemen, you have seen the Plot Plan and the recommendation of the Planning Commission, what is your pleasure*? Do you need more information? Councilman Melstrom: I wish to say that the firs ime it was presented to the Planning Commission it was turned dow'm becaus of no off-street parking. It was suggested to Mr. Davidson that he axone in with an alternate plan which he did and it was approved. Councilman Nolde: I move that we follow tthe recommendation of the Planning Commission and grant this special variance* permit to Edward Davidson for the King Rion Car Wash, 417 East Nelson Streett. City Administrator: I am wondering if three Council would be interested in selling the Minnesota Reports which are pncsently stored in the basement of the Municipal Building. They are worth albaut SOO or $1.00 per volume. Councilman Peterson: Do we ever use then;? Councilman Nolde: As long as we have a c:Lty Attorney, I would check it out with him and find out whether or not we wail have use for them before selling them and also to find a better place for storing them. On motion of Councilman Peterson, seconde;i by Councilman Nolde the meeting adjourned at 4:25 P. M. Attest: l City Clerk Mayor • r-. • • COUNCIL CHAFERS Stillwater, Minnesota REGULAR MEETING December 121. 1967 4:30 P. M. Meeting called to order by President Powell. Present: Councilman Melstrom. Nolde, Petersot, Wohlers and President Powell. Absent: None Also present: City Administrator, Assistant to City Administrator, City Attorney, Chief of Police UNFINISHED BUSINESS (out of order) This was the day and time set to open bids €:or a Police Car. The Clerk read the advertisement for bids al -mud; Mayor Powell inquired if the advertisement for bids was published, arm! the Clerk informed the Council that the advertisement for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on November 27, 1967 and December 4, 1967. The following bids were then opend and read aloud: Bid #1 -- Hansord Pontiac (Ken Amock) 222 Hennepin Ave., Minneapolis. Minnesota 55401 Certified Check attached 1968 - Pontiac Police Car - Celivery 45 to 60 days Price $2,625.870 Less Trade -In 500-Om $2.125.87$ Police Car No Trade $2.545.87 Unmarked Police Car $2.459.03 Bid #2 -- Merit Chevrolet 811 E. 7th St., St. Paul, Mimmesota 55106 Cashier's Check 1968 Biscayne Chev-Two Door Bid $3,281.815 Trade -In $1.282.I-G Net Bid $1,998.94- Police Without Trade $2,424.95 Unmarked Bid No Bid Bid #3 -- Stillwater Motor Co. (Arthur. Raduenz. president) Stillwater, Minnesota Certified Check 1968 Biscayne Two Door Sedan, Bid without trade-in $2.438.00 Unmarked Police Car $2,294.00 With Trade -In $1,894.00 ism (December 12, 1967 - continued) I51 e • Bid e'4 -- Erickson Post Co. (Ivar C. Erickson) Stillwater, Minnesota Certified Check 1968 Ford Custom Two Door &Sedan Police Car with no trade With Trade Unmarked Car $2,244.00 $1,398.00 $2,244.00 On motion of Councilman Peterson, seconde-ad by Councilman Melstrom these bids were referred to the City Attorney, City Megineer and the Chief of Police to report back at 7:30 P. M. APPROVAL OF MINUTES On motion of Councilman Nolde, seconded kmm Councilman Melstrom the minutes of the following meetings were approved: September 5, 1967 September 3, 1967 September 19, 1S67 September 19, 1967 September 22, 1.967 October 2, 1967 October 9, 1967 October 10, 1967 October 10, 1967 October 11, 1967 Special Meeting Special Meet3ing Regular Meetting Bid Opening Special MeeOting Special Melting Special Mee-tting Bid Opening Regular Mee Uing Special Mee tting 3:00 P. M. 4:00 P. M. 7:30 P. M. 11:00 A. M. 10:00 A. M. 3:30 P. M. 3:00 P. M. 4:30 P. M. 7:30 P. M. 1:00 P. M. APPLICATIONS On motion of Councilman Nolde, seconded bly Councilman Melstrom the following cigarette licenses were granted for 1968: American Legion Club, 103 South Third Street. Del Farm Store, Fourth & Myrtle Streets Eagles Lodge Aerie #94, 227 Main Strout C. H. Felix, 413 South Greeley Stree01 Fleming, Richard, 215 North William Street Gersdorf, Robert, 224 South Main Street Hinz, John L., 302 South Main Street Hooley, John, dba Hooley's South HiL_I Market, 902 South Fourth Street Hooley, John, dba Hooley's Downtown Market, 405 East Myrtle Street Johnson, Dennis, 1101 North Owen Street xinsel, W. C. (xinsel's Liquor Storef, Second & Chestnut Streets xrelitz, Milton dba Reed Drug Store, 20L South Main Street Meister, James E., 901 South Fourth Mtreet Meister, Merl x., 112 North Main Street Midland Cooperatives, Inc., 501 North Main Street Mosiman & xarloske, dba Pla-Mor Recr.eatlon, 317 South Main Street Muller, Richard (Muller Boat Livery) Nelson, Wade, 920 West Olive Street NSP Reddy Kilowatt Club, 425 South t4u1n Street Otte, Ralph B., 517 North Owen Streett Palmer, Nelle 0. (Lowell Inn), 102 Ntoorth Second Street St. Croix Drug Co., 132 South Main Sttreet Stillwater Country Club, North Fourtlt Street Stillwater Lodge #179 B.P.O/E., 110 :South Main Street Veterans of Foreign Wars Post #323, I124 North Main Street White, Patrick, 603 West Churchill Sttreet Wright, Gene, 218 North Main Street Zolldan Grocery, 211 South Main Stre,ee't • (December 12, 1967 Cenranaee: • • On motion of Councilman Nolde. seconded by Councilman Wohlers the follow- ing soft drink licenses were granted for :1968: American Legion Post #48, 103 South Tribird Street Del Farm Super Market, 4th & Myrtle Streets Eagles Lodge, Aerie #94, 227 South Main Street Felix, C. H., 413 South Greeley Strees'L Fleming, Richard W. (Deno"s). 215 North William Street Gersdorf. Robert, 224 South Main Street Hinz, John L., 302 South Main Street Hooley, John, 405 East Myrtle Street Hooley, John, 902 South Fourth Street Johnson, Dennis, 1101 North Owens Street Einsel, W. C. Liquor Store, 118 East Chestnut Street xrelitz. Milton (Reed Drug Store), 2b1 South Main Street Meister, James, 901 South Fourth Street Meister, Merl E., 112 North Main Street Midland Co-operatives, Inc.. 501 Morel Main Street Mosiman & Karloske, (Pla-Mor). 317 S meth Main Street Muller Boat Works, Mulberry Point Nelson, Wade, 920 West Olive Street Otte, Ralph, 517 North Owens Street Palmer, Celle (Lowell Inn), 102 North Second Street Reddy -Kilowatt, NEP, 425 South Main :Street Stillwater Country Club, North Fourth. Street Stillwater Motor Co., 326 South Main Street eorth Main Street Veterans of Foreign Wars, Post #323, White, Patrick, 603 West Churchill Street Wright, Gene, 218 North Main Street Zolldan, Grocery, 221 South Main Str.et `LO South Main Street Stillwater Lodge #179, B. P. 0. E., On motion of Councilman Nolde, seconded for Councilman Peterson the following On -Sale Liquor licenses for the year 1968 •were approved and bonds in the amount of $3,000.00 each were also approved: (Mildred Gersdorf application accepted subject to payment of fees). V. F. W. Post #323. 124 North Main Street Stillwater Lodge #179, B. P. O. E., L10 South Main Street American Legion Club. 103 South Third Street Stillwater Country Club, North Fourth Street Eagles Lodge, Aerie #94, 227 South Maim Street Donald Mosiman & Glen Karloske, 317 South Main Street Merl K. Meister, 112 North Main Street J. L. H., Inc., 302 South Main Street Lowell, Inn, Inc., 102 North Second Street Edward J. Davidson, 231 East Myrtle. Street Mildred Gersdorf, 224 South Main Stecet. (We have the signed application but the fees have not b..nen paid). On an taxicab licensestion of nforman 1968owere granteddtioYVictoraE.. Prescott, m2069ht South Main Street as follows: 1. Dodge '63 4ZG725 48382174859 2. Dodge '63 4ZA856 483E2163057 3. Dodge '64 4ZH998 48442107086 4. Dodge '66 303824 WL4:1B67300311 5. Checker '63 4ZM350 A1]1G28637482 6. Checker '63 4ET186 A17E12633937 7. Checker '63 42M349 A111026238697 8. (did not apply at this time fcr the 8th license) On motion of Councilman Peterson, seconded by Councilman Nolde an On -Sale Sunday liquor license was granted to Celle O. Palmer dba Lowell Inn, Inc., 102 North Second Street. • • • (December 12, 1967 - continued) 153 In reference to an On -Sale Sunday Liquor L,Lcense for Edward Davidson, (Annex Lounge), 231 East Myrtle Street, thds was carried over to the 7:30 P. M. meeting so that the City Attorruay could check out the new law regarding the definition of restaurant: as it is possible that he would not qualify for this license. On motion of Councilman Nolde, seconded bay Councilman Peterson a license to collect and dispose of garbage and rubbish was granted to Leighton Charlsen dba Charlsen Trucking Service, 1030 Fourth Avenue South. On motion of Councilman Nolde, seconded bTd Councilman Melstrom a license to operate bowling alley was granted to Donald F. Mosiman and Glen L. Karloske, Pla Nor, 317 South Main Street. On motion of Councilman Wohlers, seconded by Councilman Peterson this portion of the meeting adjourned at 5:05 3P. M. to reconvene at 7:30 P. M. MEETING RECONVENED AT 7:30 P. M. Meeting called to order by President Powe21. Opening Prayer by City Administrator. Present: Councilman Melstrom, Nolde, Peterson, Wohlers and President Powell. Absent: None Also Present: City Administrator, Assistant to City Administrator, City Attorney, Chief of Police, City Engineer, Building Inspector Citizens Present: William Lecuyer, Ruth MI. Newman and two other members from the Business & Profesai_lonal Women's Club, George Rutz, Donald Beberg COMMUNICATIONS From the State of Minnesota regarding the: new State Office of Local and Urban Affairs and David Kennedy assumed office •ts director. (The City Administrator was directed to mail a copy of this letter to the Mayor and each councilman). From the Washington County Historical Soc:Lety regarding the naming of new streets in Stillwater. Councilman Melstrom: I wonder if th:Ls could be sent to the Planning and zoning Commissions of the other areas for their consideration also. Bldg. Inspector: I believe this haem already done and taken care of. From Mrs. Tom Placzek regarding sewer bitLine-Jae and she feels they should be based on water consumption in the months of January, February and March. Councilman Peterson: Why don't we? Mayor: The reason that we do not ism because it was felt at the time this was set up that October, Novem'.xec and December are reasonable months and it was the end of the year and it would set the rate for the ensuing year. If you were to use throe first three months then you could be delayed in setting up the rate fcxr the year. IDecember 12. 1967 - continued) /^, • • Councilman Melstrom: I feel that the former Councilmen as far as establishing the period of time to get the rates set up did a very good job. Mayors You fe8l this is more representative of the correct amount. Councilman Peterson: I feel that if the ewer revenue is based on the water doing down the sewer, it woulr be more accruate doing it based on January, February and March coass'amption. Councilman Melstrom: I am suggesting that the average is batter than any other month during the year by usin.ee October. November and December. Mayor: Councilman helstrom feels that the fall months being the second smaller amount that it is the most fair one. Councilman Paterson: I have no objtotiwn to leaving it the way it is being done now. • Councilman Wohlers: I can see it the cm -Cher way and why should you pay on the water that you use in waterlog your yard. Mayor: Let's get this cleared up. City Engineer: One of the primary reaem.oae, of aura, is that you start using the last billing of the year for the whole next year and it is felt that 8 out of 10 years people: do not water in October and November. Ordinarily over a long perioed of tine you do very little watering in October and because of the mate that we get, this is why October, November and December was chosen. Councilman Nolde: I move that we leave it the way it is Councilman Wohlers seconded the motion. (all in favor). From Charles Glaser requesting to be a part el the Stillwater City Employees Group Hospitalization Insurance Plan. City Administrator: This has been cheesed and if you recall when the resolution was passed it was for all reagular employees of the City and furthermore the Blue Cross and Blue Shield will not take on part time employees under this policy. Councilman Peterson: Has Mr. Glaser been informed? City Administrator: I believe Mrs. Simon has advised him of this. DELEGATIONS OR INDIVIDUALS Ruth J. Newman Historical Society I wish to mention that the letter in regard to Street names for the City of Stillwater was meant for the City. Councilman Melstrom: I am not opposed at al_1 to naming the streets as you suggest, but I think it should be worked out: between the different groups in the current areas. Such a street should run through the whole district carrying the same name. Councilman holies Many times I have suggested that we name streets after someone who has done a great service to the community. I believe that these names should be considered and have streets •cad other places named after them. PETITIONS None • (December K2, 1967 - continued) 155 • • CITY ADMINISTRATOR'S REPORT 1. On motion of Councilman Peterson, secorrwd:ed by Councilman Melstrom the following Escrow Account Investment. vas approved: U. S. Treasury Bond of 1967 $35,Os90.00 Interest rate 3.62 American National Bank, St. Paul, Minna:sots 2. A memo from the Fire Chief in references to the change of curfew signal was read by the City Administrator: Deese to the lowering of steam presst.re at the Maple Island Plant, between the hours of 4:00 P. M. and 6:00 A. M., a new or different signal %will be used each evening to sound the curfew at 10:00 P. M. commencing, Saturday, ;November 25, 1967. 3. The City Administrator informed the Major and Council that he had a memo from the Public Employees Retirement Association in reference to members who so desire may pay retroactive employee contributions on total salary covering the period from ..u1y 1, 1957 through June 30, 1967 with interest thereon at 4% per annum compounded annually. Councilman Peterson: Then these emplo}yses would be purchasing back on the excess that they did not pay in that time. Is there anyone interested at this time? City Administrator: Perhaps, I might ate interested. No one else has indicated that they are interested. t presume there will be sone in the future and we will have to pass a aesolution if there is any interest in doing this. 4. On motion of Councilman Peterson, seconded by Councilman Wohlers the following Substituted Collateral was agproved: $300,000.00 Banks for Coops 5.20% due :-1-68 First National Bank of Minneapolis 5. The City Administrator informed the Mayor and Council that the Municipal Commission has notified him that the petition for the annexation of the Richard Anderson Property has been dismissed. 6. On motion of Councilman Peterson, seconded by Councilman Wohlers the following Escrow Treasury Bills were approved: 2,000 U. 5. A. Treasury Bills, Maturity 9-30-68 Rate 5.20 First National Bank of Minneapolis 7. A memo from Mr. Kimmel in regard to tbue neighborhood scrap up in a certain area on the North Hill was read and Mr. Kimmel was to report further on it. City Attorney: I talked to Mr. Winston Sandeen today and to make certain of the title of the property involved and talked to Mr. Ehlinger about it and it would be my recommendation that we advise the property owners involved because of the fencing put ape in this area is on private property and it will be impossible for the City' to plow the streets and because of the inconvenience until they resolve this difficulty we shall be unable to plow the streets. This is no turnarounds for the snow plows. It is my conclusion that it is obvious that the blacktop was made a little wider at that point to give sone turn around in that area. Councilman Peterson: would it be possible to turn a snow plow around with the fences where they are now located, Mr. Engineer? City Engineer: No. Councilman Wohlers. You got down there before, didn't you? City Engineer: Yes, but the fence was not there. City Attorney: Could I suggest that DI address a letter to the Mayor or Council that this is the only alternative that we have and that I have discussed it with Mr. Ehlinger and sea a copy to Mr. Sandeen and Mahood. • • 156 (December 12, 1967 - continued) • en - Mayor: I suggest you send the fitter, to the Council and then I think we should send a copy of it to Mr. t&aheod and the Atwoods. Councilman Peterson: I would also send one to the Stuhrs. City Attorney: I talked this over exith Ron this afternoon and we decided to ask Dr. McCarten for peramission to turn around in his driveway so that he and Dr. Stuhr seculd be plowed out. 8_ A memo from Dick Blekum in regard to a skating rink at the old athletic field was read to the Mayor and Council. There will be no rink at this site this year but lee will have two rinks at Lily Lake, and also rinks at Staples Field, St. Mary's School and South Broadway playground. 9. Memo to the Chief of Police from T.- PL Gillen, Chief of Auxiliary Police regarding the changes in structure to avoid confusion was read to the Mayor and Council. 10. The City Administrator read a memo from the Police Chief giving the results of the Sergeant exam which .were as follows: Albert Cote Score 88 Ronald Johnson Score 68 Robert Conley Score 56 Total score was 100 11. City Administrator asked the Mayor :and Council to set a sewer rental charge for the Hooley's Wholesale Meeats which will be operating at the old Connolly Shoe Co. building. Councilman Peterson: How much water as they using at their present location? Bldg. Inspector: It is hard to det+ermine at the present time. Councilman Peterson: Would $200.00 .cover it? Bldg. Inspector: I would not say a-:t this time. City Administrator: Until we have a. more accurate figure $180.00 for the amount going into the sewer should be a close estimate. Bldg. Inspector: You will have to have some charge for them using the sewer even though they have a well Councilman Nolde: I move that we net the sewer rental fee for Hooley's Wholesale Meats at $180.00 per quarter for 1968. George Katz: Do you have any idea how much water goes through the sewage disposal plant? Councilman Nolde: I withdraw my monition. City Engineer: 1.7 to 2 million gallons per quarter. Councilman Peterson: I movs that the sewer revenue for Hooley's Wholesale Meats be set at $180.00 per quarter for 1968. Councilsan Nolde: I second the motion. (all in favor). 12. The City Administrator read a letter from the 'lity Attorney dated December 1, 19C7 in reference to tine procedures to be used in procuring insurance for the City of Stillwater. 13. The City Administrator informed the¢ Mayor and Council that in a:cordance with their instructions he cont::cte¢d Mr. Stanley Larson, custodian for the Municipal Building about taking on the work at the Public Libray and he is not interested. r • (December 12, 1967 - continued) 157 • 14. The City Administrator informed that Mayor and Council about his request at the November 28, 1967 meeting authorizing the issuance and sale of -- Certificate of Indebtedness to finance several projects that had been done in a piecemeal fashion. I wowLd like to recommend to the Council that a tax settlement is forthcoming this month and a lot of installments or these projects will come in this: tax settlement and it will reduce this amuunt.considerably and with jmour permission I would like to wait for this tax settlement. The Council was agreeable to waiting fox this tax settlement. 15. The City Administrator asked the Conon. to accept the petitions and order the preliminary plans for the following street projects: Marsh Street (Have no petition& West Ramsey Street West Orleans Street Poplar Street East Riverview Drive North Councilman Nolde: I move that we accept all petions except Riverview Drive and refer them to the engineer for feasibility reports and estimated costs at his earliest convenience with the exception of Riverview Drive. Councilman Wohlers: I second the emotion. (all in favor). (see resolutions) Bldg. Inspector: Mr. Ealinoff has two lots on the other side of the street that could be benefited. Mayor: I suggest that the City Clerk be instructed to send a letter to Mt. Ealinoff and find out if he is still interested and if has the knowledge that he is the only benefited property owner. 16. The City Administrator informed the Mayor and Council that the expenses for the past three years at Lowell Park have exceeded the receipts from the Lowell Park Trust Fund as Follemis: 1965 Cost to the City 1966 Cost to the City 1967 Cost to the City as 11-11.5-67 $2,755.60 $1,825.94 $2,391.43 City Administrator: The Council should decide if they want to use the principal from the Lowell Trust Fund or use only interest earnings and levy the balance in the park fund. Councilman Nelda: I would be in favor of using a levy and leave the fund intact. Councilman Peterson seconded the emotion. (all in favor) George Euts: In memory to Mr. Lowell we should reepect him by the City levying money for this purpose. 17. On motion of Councilman Nolde, seconded by Councilman Peterson certificate of insurance for Gordon Iron. & Metal Co. was approved. (For trailer and tractor at the dumpsite). 18. On motion of Councilman Nolde, seconded by Councilman Wohlers the contract bond for Sherman Gordon dba Gordon axon and Metal Co. was approved. 19. The City Administrator advised the Mayor and council that it appears we must go into permanent voter registration before the next election. Mayor: We could set up a place here in the City Hall. City Administrator: There should lfe several other places and in a good many cities various women's organi...ations have assisted in this permanent registration setup. I hope that we could get some such assistance when the time comes. • • • (December 12, 1967 - continued) City Attorney: An ordinance will have, to be passed establishing the system for such a registration. T'he law requests that you stay open some evenings and Saturdays before the registration closes. The ordinance states that Mr. Brower 3.s the registrar and he seta up the places to register. Councilman Melstrom: I move that the :Pity Attorney makes up such an ordinance. Councilman Peterson seconded the motio:e.. (all in favor). 20. A memo from the Fire Chief advising that Mayor Johnson of Oak Park Heights asked the Stillwater Fire Department to assist in flushing the new water tank. He stated that thee firm doing the work would be willing to re-imburse the city for this favor and the fire chief recommended that we charge them $100.00 for the manpower and use of this equipment. Mayor: I feel that $100.00 is too muc?.t. If it is costing $3.50 per hour and there would be two men, X feel that we should bill them at $15.00 for each man hours that. are needed. It will improve our relations. I feel that we should ,get our expenses. Councilman Peterson: I don't feel that $L00.00 is charging them too much. - Councilman Nolde: They couldn't get tlhat kind of sevvice from the Twin Cities for less than $300.00. Councilman Melstrom: I'm heartily in accord with the Mayor's suggestion and I don't feel that we should overcharge them and cooperate with them as much as possible. It is just the principal of the matter. Councilman Peterson: I move that the Lire Chief send the men and equipment down to flush out the waterterwer at a flat rate of $100.00. Councilman Nolde seconded the motion. (Councilman Melstrom opposed). City Attorney: I suspect that this outfit you are charging this to is not billing this back to Oak Park Heights. I am sure they have a flat rate contract for the job. Councilman Nolde: I still think we have to think about our citizens when we take out this equipment. 21. Memo from the Chief of Police requesting permission to notify David Xnefelkamp and Donald L. Beberg of their selection as Stillwater Police Officers, starting date to be January 1, 1968. On motion of Councilman Nolde, seconded by Councilman Melstrom that we follow the recommendations of the Chief of Police and hire these two men. (see resolutions) 22. A reply memo from Dick Blekum regardingm the skating rink at Pioneer Park was read to the Council. 23. The City Administrator informed the Mayer and Council that Mr. Ozzie Springsted is out of town at this time and is unable to be with us tonite and hopes to be able to be here an December 19th. 24. A memo from the Police Chief requesting the removal of the following men from the Auxiliary Police Force. James Doroff John Van Heel Councilman Peterson: What is the present force? Chief of Police: Nine Councilman Peterson: I move that we accept the resignation of these two auxiliary policemen. Councilman Nolde: I second the motion. (all in favor). v • e • • (December 12. 1967 - continued) J-) 9 • • 25. Memo from the City Engineer in reference to the installation of a light on Ridge Lane Drive. Councilman Nolde: Maybe we should luald off until after the other light requests are filled and work .out .the whole program at the same time. Mayor: I think maybe a street light up there might lessen the blow. I believe this street light would :make this matter more compatible. What do you think? City Engineer: I don't know. I knew we have other requests for street lights on the bluff that have not been installed. So I would think this should follow in normal rotatimm. Councilman Nolde: I move that we peat their name on the list and take care of the people who were before 'them and take care of them in proper order. Councilman Peterson: I second the notion. (all in favor). 26. The City Administrator informed the: Mayor and Council that he had a request from Judge Sandeen for additional space for the court for Washington County because the court is going to employ another clerk in the near future and they are running out of space. It was suggested that the Mayor and myself ask the council to go along to rent to the county for jury use only the conference room downstairs (which is part of matter Thompson's suite) and he of $25.00 per month dItwould ybep neuse 12 ore theceand 3 hours per day for two or three days per :w.eek. This would make the total rent to the county at $675.00 per month-. Councilman Peterson: Is the space available? If so. I move that the City d o eassae or t the lowerAdministrator to theuCountyeattanladdiitionalnchargeconference of$25.00 per month. Councilman Melstrcm: I second the motion. I am whole heartily in accord with including the Mayor in some off these decisions and would ask that his name be added to this motion. (all in favor). 27. Memo from the City Engineer to purchase radios and appurtenances for the street and sanitation departments. Councilman Nolde: Would we be abLe to include one in the building inspectors car? Building Inspector: Many times I :an_ up on the hill and when I return I have to go back in approximately tlhe same area and if I had a radio I could take care of the two calls ia:n the same area I just came from Councilman Nolde: I move that thee.necessary equipment be purchased for the Engineering Department and! I think there d: ould be a little study as to whether or not we shotnLd purchase one for the Building Inspector's car. Councilman Peterson: I second then motion. (all in favor). 28. Memo from the City Engineer with QM sheet attached showing the tabulations of various prices for small four wheel tractors suitable for cleaning the side:.alks that the City owns and maintains. and also for the skating rinks. Mayor: I discussed this with the engineer and there was an excess in the bond fund and this would come out of this. Both of these would be a savings in wages if we purchase tits equipment. The City has a lot of sidewalk to maintain and we haven "t been able to take care of these in the past. Councilman Nolde: I move that we Follow the recommendations of the City Engineer and Mr. Blekum for the purchase of a tractor that they feel is most suitable for doing t ktese jobs. • • • (December' L2, 1967 - continued) /" • • Councilman Peterson: I second the motion. (all in favor). City Engineer: It was felt at this time the Bolena is the best but it would be over the $1,000.00 cost. Ek.Cter conversation with Mr. Blekum it is felt that some of these attachments, if necessary, can be purchased out of the Recreation Department or Parks. Councilman Peterson: This tractor is built so that we can put on these various attachments. DELEGATIONS out of order) George Rutz: I would like to deal with people otvt in the open. Councilman Wohlers: Don't you think we should htmve a hearing on this matter? (Hazel Street). George Rutz: There are two people in Dutchtown interested. I have no interests that are personal in this matter. I don't think it is fair that you fellows are on the level when you treat me ftbis way. Mayor: We have all looked at it and sure I agree with you and it would be nice to have a street down there for the kidss to slide. Mr. George Rutz: It involves putting a boat ins the river. Of course. we could use the tourist camp. Mayor. The street would be expensive to maint.tr as it would have to be black topped for one block. One person doesn't use the street in front of their house. We are not talking about the people who live on that street. You are not quite holding to the issues.. I --would Like to say that if you come in and talk this over, then I could give you my feelings and the feelings of the council. George Kutz: There are only two people opposi:egg this and they are always opposed to it. Youlook back in the minutes anaod it was authorized at one time. I don't know what we are going to accomplish. UNFINISHED BUSINESS Regarding reassessment of parking lot facilitie:e on the following: MCM Corporation Stillwater Motor Co. Stillwater Manufacturing Co. Galvin Frank Schmidt According to an opinion from the City Attorney to make up an assessment roll and present it to the Council and set up a hearing. Councilman Peterson: I move that we set the date of the hearing at 7:30 P. M. on February sixth, 1968 Councilman Nolde: I second the motion. Gall in favor). (no resolution pa eased at this time) Awa.ding the Bid for the Police Car and the Unmarked Car. Mayor: Does the Chief of Police have a recommendation? Chief of Police: I recommend that we award the contract to Erickson Post for a total price of $3,642.00 for time two care. Councilman Peterson: I introduce a resolestion to award the bid for the Police Cars to Erickson Post. Councilman Melstrom: I second the motion.. (all in favor). (see resolutions) • (Decemd er 1.2, 1967 - continued) 161 • • NEW BUSINESS On motion of Councilman Nolde, seconded by 'Councilman Peterson a variance permit from J & B Realty to build five aperients be referred to the Planning and Zoning Commission. On motion of Councilman Peterson, seconded by Councilman Melstrom the byilding inspector's report for the month of November was approved. On motion of Councilman Peterson, seconded by Councilman Nolde the clerk - treasurer's report was accepted for the month of November. Minutes of the Planning Advisory Commissioan of December 8, 1967 has been mailed to all council members. One of the new patrolmen for the City of Stillwater, Donald Beberg was introduced to the Mayor, Council and admintetration at this time. ORDINANCES On motion of Councilman Peterson, seconded by Councilman Melstrom the Administrator made the second reading of axe ordinance entitled "The Housing Code of the City of Stillwater, Minnesota", Ordinance 4420. (Councilman Nolde opposed). The ordinance was read section by section Sollowed by roll call after each section and the members voted as follows: Sections 1 - 7 Melstrom Yes Nolde No Peterson Yes Wohlers Yes President P•cn+ell Yes Section 8 -- Councilman Peterson: We will have to condemn the house on North Second Street that we own.. Councilman Nolde: We have a number off homes that are now condemned according to this. Melstrom Yes Nolde No Peterson Yes Wohlers NO President Powell Yes Section 9 Melstrom Yes Nolde No Peterson Yes Wohlers No President Ponuell Yes Section 10 - Amendment -- Delete sub --section 3 and 4 under (a). -- Delete "and° are free from dampness" - the 1st line of sub -section 1 under (b) Melstrom Yes Nolde No Peterson Yes wohlers Yes President Pomaoa Yes (December 12. 1967 - continued) • • Section 11 - 11 Melstrom YesNolde No Peterson Yes Wohlers Yes President Pcsell Yes Section 14 - Amended Delete "with cost of preosecution in case of either fine or imprisonment". Melstrom Yee Nolde No Peterson Yes Wohlers Yes President Powell.. Yes The chair then put ng esultsswere•tabulated;this andlrtheaordinance wasand adopted: call the following Melstrom Yes Nolde No Peterson Yes Wohlers No president Powell Yes In reference to the number who should serve omn the Houning Authority it was the recommendation of the City Attorneys( that there be a separate ordinance on this. Bldg. Inspector: Mr. Kimmel is it your mpinion that the Housing. Authority has unlimited power? City Attorney: Yes, that is why I asked you if the Housing Authority could be appointed from city officials. City Administrator: I do know that elec-;ted officials cannot serve. Mayors I feel that five would be sufficmLent. City Attorney: You could include it as part of this ordinance and then later it could be amended. Councilman Peterson: I move that the number of members for the Housing Authority be set at 5. Councilman Melstrom seconded the motion., (Councilman Nolde opposed). rwrsf@D BUSINESS (out o£ order) Mr. Lloyd Bodlovick of the Stilldater Ambulaunce appeared earlier in the day in reference to four unpaid ambulance runs which he has been unable to collect from the parties concerned and is new billing the city for these four runs. Lloyd Bodlovick: These guys are dead beats and no chance of getting the money from them. Councilman Nolde: I do feel that the City ktas an obligation to take care of these bills. Mayor: Do you have a contract with the Canty? Mr. Bodlovick: The County says the County will take care of their obligations and feel these should be taken ware of by the City. The various communities are taking care of theirr obligations on these. Councilman Nolde: Any problems we have with the County will have to be worked out with the County. Mr. Bodlovick: You should know the trouble; we have collecting. ammo • • (Drabber 12, 1967 - continued) 183 Mayor: We will give this to the City Attalrmey and we will find out whether or not we can take care of this legally and it will be taken care of this evening. Police Chief: You are going to get stucic with many of these because every Friday and Saturday night we pick up druniks downtown. Mayor: Could we make arrangements with tlhe Stillwater Ambulance when the City calls an ambulance we will pay $10.0):0. Councilman Nolde: Mr. Bodlovick has a contract with Washington County. Police Chief: In White Bear the Lions Cli.ab handles the ambulance service and they pick up the costs. City Administrator: I can give you a little history on this. We paid up to five calls per month on a previous agreement that we had. Then we got a city attorney and he said you can't do It and nothing happendd until today when these four came in. I referred these to the Chief of Police and he recommended we should not pay these. he you know the Council has the last word. Mayor: Chief do you feel that the City sstouldn't pay for any of these costs? Chief of Police: I feel they should not pay for such ambulance runs. Councilman Peterson: Does the City Attorney feel that we are liable for these bills? City Attorney: Mr. Bodlovick knows the Rmistory well here and knows the City has not paid any of these bills. Councilman Peterson: Why doesn't the coemnty pay these four? Mayor: Why should we subsidize his bills? City Attorney: It is pretty hard to set up a standard for him to comply with. Councilman Peterson: He could garshee tires people and get it that way. I feel that we should find out why the county won't pay these four bills. Councilman Nolde: I make a motion that see turn this problem over to the City Administrator to check it out with the Carty and bring it up at our next meeting and table this until the next council meeting. Councilman Peterson seconded the motion. (all in favor). Sunday Liquor Licenses (continued) City Attorney: In the new law any hotel_ or restaurant has a legal license to sell liquor. Restaurant is defined any establishment other than a hotel. under the control of a single proprietor - '-or manager. having appropriate facilities for the serving of meals, and where. in 'consideration of payment therefor. meals are regularly served at tables to the general public. and which employs an adequate staff to provide the usual and suitable -to its guests, and the principal part of the business of which is the serving of food. In cities of the first class such establishment shall have facilities for &eating not less than 50 guests at one time: in cities of the second and third Lass and villages of over 10.000 population, such establishment shall hawse facilities for seating not less than 30 guests at one time, or such greater number as the municipality may determine; anu in cities of the fourth class and vi ILages of 10.000 population or less. in such manner as the municipality snall deiterimine. City Attorney: It is my impression unce::r this law that these people are not necessarily protected from the State lignitor people. Councilman Melstrom: Is it necessary tn:mt we recognize tnat law or can we go ahead and issue tnis license and let him suffer the consequence? City Attorney: You can issue this license but you will probably have to issue the same to all other places downtown. • (Dec4mber 12, 1967 - continued) • • Mayor: If he was serving meals for the past, few years, he must have had a restaurant license. City Attorney: I think we should have some :proof that he has a restaurant license. Councilman Nolde: Why don't we investiage ttuLs application a little further and take it up next Tuesday? RESOLUTIONS The following resolutions were read and were, on roll call unanimously adopted: 1. Direct the payment of the bills. 2. Resolution accepting the petition and ordering preparation of Preliminary report for the street S_nprovementa for 1968. (Orleans Street, West Ramsey Street_, Poplar Street). 3. Resolution ordering preparation of preliminary report for Marsh Street. 4. Accept Police Car Bids - Erickson Past. 5. Repass resolution for "No Parking cam West Side of Greeley Street from Churchill Street South_ 6. Employment of Donald Beberg and Daw?id Rnefelkamp and setting their salaries. ADJOURNMENT On motion of Councilman Peterson, seconded bar Councilman Nolde the meeting adjourned at 11:10 P. M. Attest: City Clerk Mayor • I65 • COUNCIL CHAMBERS 7e30 P. M. Stillwater. Minnesota December L'9, 1967 Regular Meeting Meeting Called to Order by President Powell. Opening Prayer by the City Administraroe. Present: Councilman Melstrom, Nolde, Peterson, Wohlers and President Powell. Absent: None Also Present: City Administrator, City Attmzney, City Engineer, Chief of Police, Fire Chief, Assistant to Cit$ Administrator. Citizens Present: Roger Hayes, John Ogren, Harold Pauley, Andrew Finken, Dick Jeans UNFINISHED BUSINESS(out of order) This was the day and time set to open bids :for No. 2 Fuel Oil fox the Municipal Building. The Clerk read the advertisement for bids a:.load; Mayor Powell inquired if the advertisement for bids was published, and the Clerk informed the Council that the advertisement for bids was published in: the Stillwater Evening Gazette, official newspaper of the City, On December 8, 1967 and December 15, 1967. On motion of Councilman Nolde, seconde :2 by Councilman Melstrom, the following bids were then opened and read aloud: Bid #1 Kilty-Ogren Petroleum Company Stillwater, Minnesota Certified Check Bid 11U.69C per gallon Councilman Nolde: I move that we intaoduce a resolution to accept the bid of Kilty Ogren for fuel oil for the Municipal Building for the year 1968. Councilman Peterson seconded the motion. (all in favor). Mr. Ogren mentioned that this price was abaut L/2C lower than the bids received by the School District. This was the day and time set for a hearing on vacating a portion of Willow Street. The Clerk read the notice for hearing alou.:i; the Mayor inquired if the notice for hearing was published, and the Clerk informed the Council that the notice for hearing was published on November 17, L967, November 24, 1967, December 1. 1967 and December 8, 1967. The Mayor then opened the hearing. The City Administrator read a letter from :Rod Lawson attorney for Julia Tuenge Estate in connection with the proposed vacation of this street stating that it would appear to he very damaging t. the only access to the Tuenge Land. Mayor: Is there anyone here who is interested in this proposed vacation? Roger Hayes: Theother gentlemen are not here this evening. Gib Larson's wife is in the hospital, Mx. Seaman is unsble to attend and the Gents had another appointment for this evening. In checking the plot plan with the • • 1 F;6 (December L9, 1967 - continued) • • Engineer I am unable to understand this objection regarding the access to the Tuenge property. Councilman Peterson: Isn't that the Schulemnberg area? City Engineer: This is nothing. It has no name. Councilman Peterson: This street that goes in there does that follow Willow Street at all? City Engineer: It is on the North half of Willow Street about 50 to 60 feet. Councilman Peterson: It is just a gravel mead. The roadway is just barely on that street. Mr. Hayes: I don't understand why there is no access for this property. City Attorney: This probably is not a plattted street. City Engineer: What was Tuenge's description? City Administrator: Lot 1 and the N 1/2 of: lot 2, Block 46 Councilman Peterson: There are other peoples Living back there and actually this would cut off their access al:ee. Councilman Nolde: If they had to conk out ifxon the golf course in the winter time they couldn't make that street. City Engineer: They would have to come out on Poplar. Mr. Hayes: It would be no different than ceaxrently. Councilman Molder, Now they come out around. the Schulenberg school. Mr. Hayes: Willow Street as far as the peolple getting in or out are con- cerned they can go in and out of Poplar Streeet or take the other way out. Councilman Nolde: First Street is Willow Sttreet in order to get to Kress and Hullers and Kimkers they continue right en Willow Street right on Third Street would these people be able to do the same thing. City Engineer: The present street goes across City property. Councilman Nolde: They would have to go up. Second Street and then go across. City Engineer: The present street is not cis Willow Street. Councilman Nolde: Are we going to continues to use this road? City Engineer: I can see no reason to abandon the use of that road at the present time. Councilman Nolde: Where is Mrs. Tuenge in relation to Willow Street?' City Engineer: This ie o.er on Third Streest. City Attorney: I suppose Rod is only thinlcLng of platted streets. Councilman Peterson: If this street was vaseated we get 30 feet of this any way. The street would still be on our property. City Attorney: Rod feels two-thirds of this roadway is on Willow Street. City Engineer: That is not correct. You could say it if it was a 60 foot roadway. Mr. Hayes: Mr. Gast's driveway is on the East end of this area. • (beceudEer 19, 1967 - continued) JFi7 • • Councilman Peterson: Why is this drawn iru Like this? For any given reason? City Engineer: I don't know. Councilman Peterson: That is apparently %what the party would get in additional land. Is North Third Street vacated? City Engineer: I don't know. Mr. Hayes: North Third Street is vacated across to the plat from Poplar North in that particular area. I am assuming that it came from the record of the City. City Attorney: Ron, have your surveyed tIDis area. If you want to make a a sixty foot right-of-way you would be going over the 30 feet. about this we should check Councilman Nolde: I think before we do a,2ything the area out with the Engineer. Councilman Peterson: I think we before we do anything. City Engineer: This is where the permanent road comes out and this is the censer line (pointing it out on the plat plan). Councilman Peterson: If it were a 60 foot right-of-way, it would carry us over somewhat. City Attorney: we own it probably to the extent of 66 feet wide and there is no danger that they can turn us off. Insatar as that is on Willow Street and we vacate Willow Street. Councilman Peterson: When we vacate,each property owner would get 30 feet. City Attorney: When you pass a resolution vacating this street. follow the existing street. Mr. Hayes: If that street (Third) were :further developed along the center whch his ty, the n on iticomestclosee toe the Tuegerproperty. Vie swould North Tunger betrespas trespassing on Tue ge s property. Mayor: If a street was put in and were vacated, then Tuege wouldeuld gain ain that which is being used for the make -shift street. Gentlemen, you a change to view the reasons and view the plat, does anybody have any discussion? Councilman Melstrom: Under the circumstances I would be in favor of accepting the resolution to vacate Willow Street. Councilman Peterson: Can we vacate a street with the exception of that portion thirty feet from the center point of the present right-of-way. On the plat make the center line is right on the corner so if we vacate everything but 30 feet of the line, then we would Heave 30 feet on this side and 30 feet on that side and if we ever wanted to put in a sixty foot right-of-way there would be no problem. City Attorney: I don't think this wouLed bother Mr. Hayes. Mr. Hayes: I think the existing right —.of -way should be reserved so that we could put in a 44 foot street. Mayor: Gentlemen, se the vacation orvelecan postpone action etaisnuntilt e the sJanuary. street, we can opp Councilman Melstrom: I move that we table this until the next regular meeting. Mayor. I would say postpone until at ?least the January meeting so that we can check this out. Councilman Peterson: Perhaps the City .mttorney can contact Rod Lawson and discuss taking 30 feet either way. should survey an actual 60 foot right-of-way • • 168 (December 19, 1967 - continued) • • Mayor: You mean if all of it can't be vacated. I would say that type of vacation in that area someday could be wortFrrrhile for a possible park site. I would be in favor of looking at it before el -Lowing this vacation. Councilman Nolde: I thought I was familiar .with this area but I find out that I am not and would like to look it ewer before making a decision. Councilman Peterson: I move that we continua this hearing on January 9th. Councilman Melstrom: I second the motion. {all in favor). APPROVAL OF MINUTES On motion of Councilman Nolde, seconded by Councilman Peterson minutes of the following minutes were approved: October 17, 1967 October 23, 1967 October 26, 1967 Regular Meeting Special Meeting Special Meeting 4:30 P. M. 4:30 P. M. 4:15 P. M. APPLICATIONS On motion of Councilman Nolde, seconded by councilman Peterson the following cigarette licenses were granted for 1968: Bill Clemings, Valley Dri-Hleenette, 233 South Main Street, Stillwater Leonard Yee (Bamboo Inn). 241 South Mafia Street, Stillwater On motion of Councilman Nolde, seconded by Councilman Wohlers the following Soft Drink licenses were granted for 1968: Bill Clemings-Valley Dri-Nleenette, 233: South Main Street, Stillwater Leonard Yee (Bamboo Inn), 241 South Mars Street, Stillwater For an "ON -Sale" Sunday Liquor License for December, 1967 and for 1968 for Edward J. Davidson, (Annex Lounge), 231 East Myrtle Street (held over from December 12th meeting). City Attorney: He has a restaurant license and has had one for a number of years. He was required to hare one because he served potato chips and snacks and today indicated that he has looked at some equipment for serving more food. Mayor: If he has the restaurant license and he applies we can issue a Sunday Liquor license? City Attorney: I still feel that he doses not meet the restaurant definition according to the liquor laws definition for same. Councilman Nolde: I would approve the License subject to him installing the necessary equipment. City Attorney: According to the liquoxr law the principal part of his business must be the serving of foced. I don't think when you come down to it, it would be that strict. Councilman Melstrom: I am wondering if we are not being a little bit too concerned about this. It is ugm to him to live up to the obligations of the law. Councilman Nolde: I move that the Sundlay Liquor License be granted to Edward Davidson subject to luLs installing the necessary equipment for running a restaurant for December, 1967 and for the year 1968. Councilman Wohlers: what is the necessary equipment? ' • • (December 19, 1967 - continued) • 11;9 ` e Councilman Nolde: He claims he is going to install the necessary equipment �- to show that he is going to be able to prepare and serve the food. He agreed to this. WINO Councilman Peterson: I second the motion. Councilman Melstrom: I know we do have a certain amount of feeling on this. I still don't think it is the obligation of the Council to define the law. we grant the license and then it is up to him to live up to the law. Councilman Nolde: If we issued this li tense tomorrow and he started to serve the liquor on Sunday without the Hood and the State officials came in, then we would look awful bad. Councilman Melstrom: I have to disagree with you Mr. Nolde. Mayor: This is discussion which is goocd. Councilman Wohlers: To me we are settisng a precedent. Councilman Peterson: I call for the question. Mayor: The motion was made and seconded that we issue a Sunday Liquor License to Edward Davidson for Deember i967d for 1968 subject to his installing the necessary equipmentip paran9 and serving food. The Councilmen voted as follows: Councilman Melstrom No Councilman Nolde Yes Councilman Peterson Yea Councilman Wohlers Ho President Powell voted in fauv.r and the motion carried. Application for a permit to conduct pub,Lic solicitations to raise funds to help the Gospel Mission Church, 223 Concord Street, St. Paul, Minnesota was discussed. Councilman Nolde: I move that them permit for solicitation be granted. (This motion was not seconded]) Mayor: I would like to say the sceLicitation they are talking about is the type where they stand on the street corner downtown. City Administrator: There is no indication on the application as to whether it is hou'-to-house or oti.:ierwise. Councilman Melstrom: I would like to move that the request be denied. (This motion was not seconded) Councilman Peterson: I would like to know what kind of solicitation they are going to do as far as raaasing funds. Mayor: Is anybody in favor of door-to-door solicitations? Councilman Peterson: I am not. Mayor: I am not. Mayor: Is anyone in favor of a downtown solicitation by passing a hat? Councilman Nolde: I am in favor ,of them coming in to get funds in what- ever way they can get it. Councilman Melstrom: We have our Vnited Fund and we have promised our people that we will not have additional drives. Councilman Peterson: We have oth•.er drives such as the Mother's March. Councilman Melstrom: Not too marvir. Councilman Nolde: My wife goes net for funds for the Cancer Society. • • {CCecember 19, 1967 - continued) • N Councilman Melstrom: Then I think us fellows slhouLd discontinue the United Fund. Councilman Nolde: I can't see how any church frond can be tied in with United Fund. Councilman Peterson: I can see why these other organizations make house - to -house drives and I could see about 18 or so churches in the area wanting to make house -to -house solicitations such as thuLs and they would have just as much right to go house -to -house for funds. Councilman Nolde: My son is going out and selling items and the money goes back to the church. Mayor: I think we have discussed it at length and it would appear to me that door-to-door solicitation is not wanted. Councilman Nolde: I make a motion that we follow the letter of the law that we allow no door-to-door solicitation. Mayor: Our churches are within the city limits and they might have some limits to their solicitation. Councilman Nolde: What about bothering the housewife and the people come to my door and ask me to buy things. What do you lave against the Gospel Mission? City Administrator: to how they wish to Councilman Wohlers: downtown, as far as then "no". Would the Council have any' objection if we inquire as Conduct their campaign? Write the people that if 3_t is by mail or tambourine I am concerned if they are to do it by house -to -house, Councilman Peterson: The only way I would go roc it would be by mail. (There was no second to Councilman Nolde's Emotion so it was declared out of order). Councilman Melstrom: Even by mail I still can t sanction it. We have our United Fund and we promise our citizens we will have no further drives. Councilman Nolde: If we are going to promise oar citizens that all of our solicitations will be done by United Fund then Lt would be Mayor: The chair will entertain a motion. Councilman Peterson: I move that the City Administrator be instructed to write the gentleman and inquire of him what tyros of solicitation they intend to make in Stillwater. Councilman Nolde: I second the motion. (all iin favor). COMMUNICATIONS From the League of Minnesota Municipalities announcing the annual conferences for new mayors and councilmen. DELEGATIONS OR INDIVIDUALS None • • (December 19, 1967 - continued) 171 e PETITIONS A petition for the improvement of South W.dlliam Street between West Oak Street and West Olive Street. Councilman Peterson: This is a one block_. area and it is a gravel road to the North. What about the block to the S=. nth? City Engineer: This is already surfaced.. Mayor: How long was it done? City Engineer: I would have to look it up. Councilman Peterson: If we were to do Wnlliam Street how far would you do. Wouldn't you do it from Myrtle? City Engineer: There is one block already surfaced. You are contemplating to put curb and gutter in Marsh for one 'S1ock and Poplar for one block. Councilman Nolde: I move that we accept the peition and turn it over to the City Engineer for feasibility reports. Councilman Peterson seconded the motion. (all in fav(r). CITY ADMINISTRATOR'S REPORT 1. A memo from the Police Chief to start the two new patrolmen at $520.00 a month and the reason for this is -that both men. Beberg and Rnefelkamp are experienced men. Councilman Peterson: You suggest that we waive the six months pro- bationer? period. Councilman Melstrom: I would move that we follow the recommendation of the Chief of Police. Councilman Peterson: We did that fror Jim Eder and waived the six months and he did not last six months. Police Chief: The reason for this nemo, I had a long talk with xnefelkamp back in Septemberand then he talked to Mr. Brower and I also went to see Mr. Brower. He ism making more money now and so is Beberg but they want to be Policemen in Stillwaterandwe have $1,000.00 for training schools which is a state law as of July, 1967. We are not going to have to send these two men to crime school and Beberg is still going and I personally feel that they are very well qualified and since we don't have to send them to school this is the best thing to do. Mayor: This becomes a touchy subjemct. You don't want to set a precedence. The thing you don't want to do is elto waivea probationer- period and should this be decided that they should still be on probation. It is so easy to establish precedent and yowl would have a little larger problem. Police Chief: I agree with your tllinking but both of them are trained policemen. Mayor: In this particular instanc-.e I would agree that we have two good men. However, in this case I woul:.d go along with your recommendation. Police Chief: I didn't commit mys+e-LE to these people. Councilman Nolde: The mayor happens to be in charge of the Police Department and number one he shoul..d consider this and number two there are other departments. Police Chief: I have talked this over with all of the personnel in my department and I personally feel tt.hese two men are experienced and we are getting a man with a college cZiegree which is very important and I ,v know this that both of these men could do as well as the majority in the department. (December 19, 1967 - continued) • • Councilman Nolde: I happen to know of arnother man who took the examination and knew what he was doing irn the job and as far as doing his job. The only thing that if we are going to start such a practice it is going to get a little bit expensive. Police Chief: I know these two men went to school on their own time. Councilman Nolde: We would be breaking oats contract with the Assoc- iation and this would have to be tiered ',with the head of the Association. Mayor: If it is agreeable with the CounaeiL that tomorrow afternoon at four o'clock if the police Chief, myself: and Mr. Brower could discuss this and have the attorney available if we have a question and then I think if wx sit down and look at the cor.•tract perhaps we can save some time and come up with a reasonable proposal by the Council. Councilman Melstrom: I do feel we have a wonderful program and insist that they do go to school and have a cormmittee decide if they are qualified. Mayor: I think what we should be concerned with are the dangers in- volved and I don't think we should limit ourselves to 10 or 15 minutes. Councilman Melstrom: I withdraw my motion. 2. A memo from the Fire Chief requesting t'J&t Richard BerrisEdrd be dropped from the Volunteer Fire Department as of December 1, 1967; and requesting that Charlie Mix be granted a leave of absent from the Volunteer Department until further :notice to attend Brainerd Junior College. Also recommended the following appointmments effective January 1, 1968 to the Volunteer Fire Department. Dale Erongard, Driver to Captain Richard Colemier, Captain to Training Officer Bernard Peltier, Firefighter to Driver Jeffrey Cormier, Firefighter to Driver Be also recommended that the Volunteer Fire Department be again eiagain a ougbrought up to full strength of twenty men by gain screening app Council consideration. On motion of Councilman Peterson, seconded by Councilman Wohlers that we follow the recommendations of the f-:irechief and accept these resignations and appointments. 3. A memo from the City Engineer regarding the purchase of street signs and Stillwater City Limit signs. Councilman Peterson: What did we have in for signs for last year? City Engineer: $1,100.00. Councilman Nolde: That won't do it. We have to buy no parking and stop signs. Councilman Nolde: I make a motion that we turn this back to the Engineering Department and that the engineer purchase the necessary signs and stay reasonably within the fltdget. Councilman Melstrom: I second the monition. Councilman Peterson: I still think w,± ought to stay within the budget. Councilman Nolde: I am sure we know our engineer and I am sure he will do the best to stay within his budget. Councilman Peterson: I amend the motion to remove the word "reasonably". Councilman Wohlers: I second the amendment. Mayor: All in favor of the amendment say "aye". A11 voted in the affirmative. Mayor: All in favor of the motion as amended indicate by saying "aye". All voted in the affirmative. • • (December L9, 1967 - continued) 173 e • 4. A memo from the City Engineer informime the Council of the prices of various makes and models of small tractors for purchase by the City, for use by the street de3gartment and the recreational department. Councilman Nolde: I move that we fol new the recommendations of the engineer and purchase this equipment. City Engineer: It has been suggested: that possibly we could take one of these pieces of equipment and try it out before we make a purchase. Mr. Blekum feels the John .Deere would be the most efficient. There is no guarantee that we get 12 inches of snow that one will be available for us to try out. Councilman Peterson seconded the moti.an. (all in favor). 5. A nlem0 from the Police Chief and the .Mire Chief regarding holiday pay for the chiefs. City Administrator: I feel this shouiLd be taken up at the meeting tomorrow. Councilman Melstrom: I move that the: committee take care of this tomorrow. Councilman Peterson seconded the moti.am. (all in favor). 6. The City Administrator informed the Ccauncil that the Mayor already has a letter to go to the Town Clerk of S-tillwater Township in reference to annexations. Councilman Nolde: This letter that t:.he mayor is sending to the town board has each councilman had a chance:, to approve it. Mayor: I will call a five minute reo!ess and you can review it in that time. Meeting reconvened at 0:08 P. M. The City Administrator read the proposed letter to the Council. 7. The City Administrator read a letter From Lyle J. Eckberg in reference to sewer connection for Mr. & Mrs. Kermit Sommers,- Village of Oak Park Heights. Mayor: Mr. Brower and I discussed ttaLs when the communication arrived as far as the financing was concerned) and it was both our thoughts that this should be paid up in full by Mr_. Sommers and if he has to he should get the money from the bank. I don't° feel that we should be bothered with collecting this money. Councilman Peterson: How does the CiLty Attorney feel? City Attorney: A certified resolutimm or copy of minutes is reasonable. I go along with the Mayor on collectiimq this money and we shouldn't burden the City Clerk with the matter. Collecting assessments is asking quite a lot. Councilman Peterson: I move that the City Administrator be instructed to send Oak Park Heights a certified copy of the extract of minutes and write to Mr. Eckberg informing him tltiat we are not going to certify this on our rolls and also inform Mr. Sommers. Councilman Melstrom: I second the mootion. (all in favor). 8. The City Administrator read a letter Erom the First Methodist Church in reference to their sewer service =Marge for 1968. Councilman Nolde: I move that we tun it back to the old rate. Councilman Wohlers: I second the mot_Lon. • • (December 19, 1967 - continued) • • Councilman Peterson: Has it been verified through the water board? Mayor: I think this should be done. Councilman Peterson: I move that we amend the motion subject to checking it out with the water board. Councilman Melstrom: I second the amendmet t. All voted in the affirmative on the amend:mast and the motion. 9. Mayor: Councilman Peterson has an item tint he would like to discuss. Councilman Peterson: It was brought up at: our church council meeting that they would like some traffic control on Third and Myrtle at 10 o'clock and 11:30 A. M. on Sundays. This has been done several times before but they haven't been there for sisa months or so. It does speed it up when the Presbyterian, Trinity and ESpiscopal churches are all dismissed at the same time. This is a recgoest and they have done it before. Councilman Nolde: Has this tben wccleared do�athaith the and licehCChief? If it has and he approves, Mayor: I would say on items of this nature a request like this should be turned over to the chief. This is what we have a chief for. I would suggest that you take this up with the Chief of Police. UNFINISHED BUSINESS Assessment Roll for the watermain on North Owems from West Wilkins to west Sycamore Street. Mayor: The chair would entertain a motio:,m Eor this hearing. Councilman Peterson: I move we set the hearing date for the assessment hearing of Local improvements 65 and 66 for February 13, 1968. Councilman Melstrom seconded the motion. (all in favor). A variance permit from J & B Realty for five apartments. On motion of Councilman Nolde, seconded lay Councilman Peterson that we follow the recommendations of thse Planning and Zoning Commission and grant the variance permit to J & B Realty for five apartments. NEW BUSINESS Minute& alreadylbeenng mailedstoyall�council membersission mmeetiof December 12, , Letter ltautong dyepty tb investigate Mickels©n.cease 810 West Anderson of commerciaia l auto body repair Y Street. Councilman Peterson: I move that this Ie-referred to the Chief of Police and report back at our January 9th meeting. Councilman Melstrom seconded the motion Councilman Peterson: whose job is this'Z City Engineer: I would say the Buildings Inspectors. Councilman Peterson: I would rephrase et''ie motion to make this the Bµilding Inspector rather than the Cider! of Police. • • (December 19, 1967 - continued) i75 • • Mayor: Councilman Melatrom does your second concur with this? Councilman Melstroms Yes. (all in favor). ORDINANCES Onre motion of Councilman Peterson. "An OOrdi-caanceea by ouncilman ProvidingW forers thethe first Permanent reading of an ordinance entitled, ' Registration of Qualified Voters in the C9..ty of Stillwater" was made by the City Administrator. RESOLUTIONS The council held out the bill from Philip Eastwood for$300.00 for discussion. Councilman Peterson: Can't this be giaid by Share the St. Croix? City Administrator: Mayor Charlsen ;asked me to go to Washington, D. C. and then it was suggested that Mr. Ebastwood go also. That was when the big fight was on for the NSP Power P:4amt in Oak Park Heights. The Chamber of Commerce paid part of my 'expenses and Mr. Eastwood felt that he could not go at all at his own expense HthHescalleredhMr.e KlappiofFthe he First National Bank if there was moruey in and he explained the matter to him and Mr. EaEastwood 00 and couldn'tpgoeotly on his own money and he told Mr. Klapp he the money was gone. Councilman Peterson: Share the St. Croix was backed by the Chamber and the money went back to the Cheater. City Attorney: I don't know what happened to the money. There was no official backing by the Chamber off Commerce. y City Administrator: I feel we have no tlego ral. oeligationetospn to ayethen't interest. Unless I can get Mr. Klan pay this interest so I was going to. ask Mr. Klapp if he would take the $300.00. I would ask him to write .off the interest in the event that he would accept the $300.00. Councilman Peterson: I don't feel that -We should default in this matter. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the payment of the b lls. 2. Awarding of the contract for Nloo. 2 Fuel Oil for the Municipal Building to Kilty-Ogren. 3. Hearing on Assessments for Local Improvements 65-66, 1967. 4. Accept petition on William Street. ADJOURNMENT On motion of Councilman Peterson. secomded by Councilman Nolde the meeting adjourned at 9:40 P. M. Attest: city Clerk Mayor • 176 COUNCIL CHAMBERS Stillwater, Minnesota SPECIAL MEETING The meeting was called to order by President Novell. December 26 . 1967 3:45 P. M. Present: Councilmen.Melstrom, Nolde, Petersone. and President Powell (Councilman wohlers arrived late) Also Present: City Administrator and Assista:at to the City Administrator Citizens Present: George Katz Edward Davidson Rev. Rios APPLICATIONS Rev. Rios: I would conduct a door-to-door so:Limitation in the business area only. I would show them this letter with signatures of donors and they can give as much as they wish and they dike not have to give if they do not wish to. Mayor: We try to hold solicitations down to •a. minimum and didn't want door-to-door solicitation in the residental a::rea. Rev. Rios: This would be once a year solicit..a.tion. Mayor: Gentlemen, do you have any questions :you_might like to ask Rev.Rios. Councilman Melstrom: I will have to admit thaat I was wrong in my assumption that this was going to be door-to-door in the, residental area. Mayor: Gentlemen, what is your pleasure. Councilman Melstrom: Has he presented it to the Chamber of Commerce? Rev. Rios: I haven't talked to them as yet. I came to you first. Councilman Nolde: I move that we grant this man a special permit to solicit funds in the business area. Councilman Melstrom seconded the motion. (Coomncilman Peterson was opposed) Councilman Peterson: I still am somewhat opEnosed to it because of the fact that her again we have the United Fund and we have all the other charities to contribute to. Rev. Rios: I have gone to the United Fund bat they do support organizations on welfare but not this type. DELEGATIONS Edward Davidson: I am wondering if my license can be issued as I have the equipment and can be in operation for Sunday., December 31, 1967. Councilman Peterson: Then I think the license. can be issued. Mayor: The records will show that you have the necessary equipment and are ready to comply with the request of the Council. City Administrator: The License is already made out and is waiting for the Mayor's signature and it can be delivered or picked up this week so that you will have it in time. (December 26. 1967 - continued) J77 • UNFINISHED BUSINES§ City Administrator: I have asked Wayne ILoland to check our current insurance policies against the new blanket policy to see that we have all coverage included in the new policy and Cher we will cancel any unexpired policies and he has the figures on these policies. Mr. Loland: There would be about $1,663 .,00 in refund on these policies when they are cancelled. Mayor: How do you find our coverage? D,o we have the same coverage we had in the past? Wayne Loland: Yes. Mayor:: Do we have anything additional tatet we did not have before? City Administrator: We have everything -Chat we did have but we do have the additional thing on the first sheet of $2E.000,000.00 blanket coverage. Mayor: What was the cost under the old system? City Administrator: About $16.000.00 and under the new blanket coverage it is $9,612.00. Councilman Peterson: This is really a gad deal. Councilman Peterson: I move that the old policies that have not expired be cancelled. Councilman Nolde seconded the motion. (aril in favor). CERTIFICATES OF INDEBTEDNESS City Administrator: You granted permissimn for these previously and then I asked you that we wait until we got our tax settlement but since we do not have this settlement as yet I will ask for per -mission to sell these certificates this week. Councilman Peterson: I move to introduce: a resolution to authorize the City Administrator to sell up to $110,000n.00 worth of certificates to finance these various street projects. Councilman Melstrom: I second the motiorr. (all in favor). A reply memo from the Assistant to the Building Inspector regarding a complaint that was received regarding Jam's Mickelemon, 810 West Anderson Street informing the Council that Mr. Nickelson had done mamma body wort on a car in exchange for a boat. However, he stated he has no intention of operating a business for monetary gain. (no action taken). SALARIES FOR NEW POLICE OFFICERS: Mayor: To bring the Council up to date wnLth our meeting with the two chiefs, the City Attorney, City Administtator, Mc•, Loland and myself, the request came in that the Chief of Police felt that both officers Beberg and xnefelkamp should waive the probationery salary and be paicdl the salary for the second six months but they would be given that salary for t:he complete year rather than be increased from the probationery salary to, another increase after that. This was to be looked into by the City Attorney. It was felt that if this was to be done that you have a college graduate .who wants to be a policeman you could waive the probationery salary but not the probationery period. My recommendation to the attorney was that this could be dome if the situation was where we had such a man or one who has had prior exper-.fence but it should be in the contract and should only be on the recommendation oof the department head. How does the Council feel about this? Councilman Melstrom: department head. I think it sounds g:omd but it should come from the • • (Decembe-m 26, 1967 - continued) • • Mayor: if a department head felt that this should be done, he should be sure that the man deserves this. It would be clone on his recommendation and then turned over to the Council for action.a Councilman Nolde: I think Councilman Melstrom wants the recommendation to come through the Mayor: Councilman Melstrom: Regardless of who they debthey ststill llphavento, serve the probatinery period and they can be upg Mayor: I feel that if we are getting a college man for $180.00 more it is well worth it. Councilman Peterson: We should save this for s bargaining point for the new contract. Mayor: This is only for new men coming in anlA not for those on the present force. Councilman deletion: This could be a determent to the men on the force. I feel it should be in the contract. Mayor: Both Mr. Brower and Mr. Kimmel feel it should be in the contract. Councilman Nolde: We have had the contract for only a few months and we are already making changes and then someone CeMMes in who has a college education and we want to mako an exception and change the contract. Councilman Peterson: I don't see changing that contract. Mayor: We just want to make sure that everyom-e is aware of it. Councilmen Nolde: If we change one contract and then we get the men from the other union who wish to change their contract. I don't feel that a college education should make that much diffeaence in their ability. City Administrator: Since I hear both sides of this, we were just thinking of one side and not both sides. Perhaps they have a point on this matter. Mayor: I suggest that we postpone this until we hear the legal point of view and then we could make up our minds and Rhis might not be best for us. Let us wait until he can give us the legal on this. If it is agreeable that these two policemen be hired at $520.00 per month for 1968? Councilman Peterson: Can we do this according to the contract? I think we should follow the contract right down the lints.. Mayor: Then we might lose two good men. Councilman Peterson: For $180.00 why should we lose these men. This is what they wanted in the contract and they will have to live with it. Councilman Wohlers: What does it cost to sernd them to school? Mayor: This is done in the evening and then they work daytime shifts. Councilman Peterson: When you were talking about the recommendation that the two policemen in question get $520.00 per month for the first 12 months rather than the second six, did they realize that they are going to get $540.01 after six months according to the corntract. Mayor: It would be my belief that they woulld go to $540.00. City Administrator: It was the understanding of both chiefs that they would get $520.00 for the entire year. Councilman Peterson: There would be only a difference of $60.00 if they Frllo' .he contract all the way. Councilman Nolde: I make a motion that the R ayor take the contract over to the Chief and take this up at our next regular council meeting. Councilman Peterson seconded the motion. (a 11 in favor). IOW • • ((December 26, 1967 - continued) 179 • HOLIDAY PAY FOR THE CHIEFS Mayor: This matter was held over with the approval and decision of the Council and I told both chiefs I would give it to the Council,the matter and the trend of the disnssion as it was last Tuesday evening. As it is now the lieutenant receives about $4e.00 per year less than the Chief but the chief receives no overtime aad the other officers will get some overtime so in essence the lieutenant could conceivably make more than the chief. They are not a part of the centract because they are a department head. i would ask the council to putt themselves in the place of the chief in making their decision. The Council should decide whether they want the salaries to stand as they are now or allow them holiday pay. M an not going to vote openly. I'll pass out four pieces of paper -- vote "yes" for holiday pay and "no" for no holiday pay. When we figured the salary schedule we forgot about holiday pay. The Mayor passed out the paper ballets and the results were: No -- 3 Yes - 1 Vacation pay was denied for the two chiefs. VALUATIONS City Administrator: When the budget was figured the valuation that was used back in October from the Assessor's office was $4,639,292.00. The County has now completed their valuations and mull rate but there is a difference of about $200,000.00 since they show, $4,633,807.00. I don't have the answer for our figures. Them mill rate will be 108.68 because- of the increase in the valuation. Mill rates - county - school district - City Total 66.91 189.50 108.68 365.09 as compared to 333 for 1967. RESOLUTION --The following resolution was read and on roll call unanimously adopted: 1. Authorizing Issue and Sale of Certificates of Indebtedness. ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman wohlers the meeting adjourned at 4:50 P. M. Mayor Attest: City Clerk