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HomeMy WebLinkAbout1969-01-07 - 1969-12-29 CC MIN• 6•5 f Council Chamber . Stillwater, Minnesota January 7, 1969 7:30 P. M. REGULAR MEETING The meeting was called to order by President Powell. Opening Prayer by the Assistant to the City Administrator. Present: Councilmen Melstrom, Nolde, Peterson, Wohlers and President Powell. Absent: None Also Present: City Administrator Brower, Assistant to the Citty Administrator Loland, Police Chief, Fire Chief, Building Insgpectnr, City Attorney, City Engineer Citizens: Mrs. Ray Carlberg, Mr. Eugene Lammers, Mr. Tom Lammers, Al Bergen, Chester Wilson, Bob Steincorf, Mr. Larson of T & L. Inc., Mr. and Mrs. James Schmidt, John DeCortins and five othnec citizens Press: Vince Hamann, Stillwater Gazette On motion of Councilman Peterson, seconded by Councilman Noldee, minutes of the following meetings were approved: Special Meeting Regular Meeting Regular Meeting Special Meeting Special Meeting November 21, 1968 3:50 P. M. December 10, 1968 7:30 P. M. December 17, 1968 7:30 P. M. December 23, 1968 7:30 P. M. December 27, 1968 7:00 P. M. President Powell: This time has been reserved for statements Ply retiring Councilmen, other members of the Council, and appointed City O:sfficials. Councilman Nolde: I would like to thank each and everyone of tthe citizens of Stillwater and each and everyone of the department heads that =t have worked with in the past six years. I only wish that the department heads Iknew how we feel about them and knew that they are doing a good job for each anod everyone of us. I have certainly enjoyed working with everyone and thank you foot the opportunity to serve you. Councilman Peterson: I, too, would like to thank the people off Stillwater for offering me the opportunity to work for them for the past years. 2 would also like to thank all of the department heads and I, too, think that we have a wonderful group and they are doing a good job. I would like'to thank my wife for all the phone calls that she has taken over the four years,,, as I know that she has taken as many as I have received and I would like to pumblicly thank her at this time. Mayor: It has been a pleasure to have worked with both Counci2Drnan Nolde and Councilman Peterson. They have served faithfully and very we11A. Although I did not know either of them very well before they became CounciiLmen, we have become very good friends and enjoyed their company very much. City Administrator: On behalf of the department heads and the appointed officials of the City I would like to take this opportunity to tell Counc:Llman Peterson and Councilman Nolde that we enjoyed working for you. • • (January 7, 1969 - continued) Councilman Melstrom: As a new incoming member of the Council I appreciated the fact that both Roger and Don have helped us tremendously. Councilman Nolde: I would like to say something to Councilman ,Peterson and Councilman Nolde. You walk down the street and you meet a :lot of criticism when you have served on this Council. Before the peoyple do make the criticism they should realize that we work hard en a lot of these matters and they feel that they are doing the right thing, but :I know that z have been wrong on a number of these matters. ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Melstremn the meeting adjourned at 7:45 P. M. Attest: eeditnfurtArvt., City Clerk Mayor 67 • • COUNCIL CHAMBERS Stillwater, Minnesota January 7, 1969 7:50 P. M. REGULAR ADJOURNED MEETING The City Clerk -Administrator at this time administered the Oattb of Office to Councilmen -elect John Carlberg and James F. Lanmiers. Councilman Carlberg was seated to the left of Councilman Melstrom and Councilman Lammeers was seated to the right of Councilman wohlers. Oaths of Office were administered by the City Clerk -Administrator to two new Police Officers - Timothy Bell and James Eder. The meeting was called to order by President Powell. Present: Councilmen earmerg, Lammers, Melstrom, Wohlers andd President Powell. Absent: None Also Present: City Administrator Brower, Assistant to the Ciity Administrator Lolartd City Attorney, Acting Building Inspecttor,-City Engineer, Police Chief, Fire Chief Citizens: Wilson, Bofrlberg, Eugene Steindorf, Mr. LaLarson mmers, ofTom F Mrs. Ray T AL.. Inc.. Mr. &mrs, Mal Bergen, Chester Mts. James Schmidt, John DeCurtins, Don Nolde, Roger Petersaon, Harold Pauley and five other citizens On motion of Councilman Melstrom, seconded Office of Councilman Carlberg accepted On motion of Councilman wohlers. seconded Office of Councilman Lammers was accepted Councilman Carlberg then nominated Councilman Melstrom for ttbe office of Vice President of the Council. Councilman Lammers moved that nominations be closed and and that the Clerk be instructed to cast a unanimous ballot for Councilman Myron Melstrom. The motion was seconded by Councilman wohlers. AA unanimous ballot was then cast by the City Clerk an9 he declared Myron Melstrom elected to the office of Vice President of the Council. Councilman Wohlers nominated James Lammers to serve as a meesber of the Board of Equalization. Councilman Carlberg then moved that the nominations for the Board of Equalization be closed and that the Clerk be instr:acted to cast a unanimous ballot for Councilman Lammers. The motion was secconded by Councilman Melstrom. A unanimous ballot was then cast by the City Clench. and he declared Councilman Lammers elected to the Board of Equalization. Councilman Melstrom nominated John Carlberg to serve as a Commissioner of the Sinking Fund. Councilman Lammers moved that nominations be closed and that the Clerk be instructed to cast a unanimous ballot for Councilman Carlberg. The motion was seconded by Councilman Wohlers. A unanimous bal01ot was cast by the City Clerk, and he declared John Carlberg elected as a Commissioner of the Sinking Fund. by Councilman Woh::lers, the Oath of and ordered filed', by Councilman Melsatrom, the Oath of and ordered filed.. (January 7, 1969 - continued) r'^ • • UNFINISHED BUSINESS (out of order This was the day and time set for a hearing on the petition to vacate a. portion of Hanson Circle. The Clerk read the notice for hearing aloud; The Mayor inquired if thee notice for hearing was published, and the Clerk informed the Council threat the notice for hearing was published in the Stillwater Evening Gazette, offlicial newspaper of the City, on December 6, 1968, December 13, 1968, Decembea 20, 1968 and December 27, 1968. The Mayor then opened the hearing. City Attorney: I had reviewed this with Mr. Wilson and Mr. Brower and Mr. Brower requested several comments and we discussed it briefly. They arse pro- posing to exchange some property here for park purposes and perhaps we! should make some inspections of the property and see whether the property is :suited for a park in that particular area. The property that they are propos aLng to be used for a park might not be fit for a park. Mr. Steindorf did comment that they would make some improvements in this area. The Council shousLd be advised what the contractors and the owners intend to do relative to this property. As far as the acceptance it would be referred to the Park aamd Recreation Commission to see what recommendation they would have. Councilman Wohlers: I make a recommendation that we carry this over until all of the Council looks over this property. I don't think any of us know What we are getting here except what the City Attorney has said. Mayor Powell: Do you think you can view the property and take care on it next Tuesday? I think we should go out there and look at it, because in otther cases the City of Stillwater has been given ponds to be used as recreation aereas and they have not been feasible. It is fine in the winter but tthen ensito the summe r they are mosquito\ ponds. If property can't be developed iIf it is agreeable, the Council will go out and view this location. Councilman Lamers: As a point of information does our ordinance regtmire that a certain amount of land be turned over? City Attorney: No, this is a free-will offering at this time. Councilman Lamers: It might help the Council if Nr. Steindorf would) explain what has been done in this area. Bob Steindorf: The land we are giving is not useless land and I wish that you people had made some survey prior to this meeting. 'rhetlanduhasfs someawe aterein it. We have hired Banister Engineering to y=: have spent thousands of dollars and we do have plans for improving it*. Mayor Powell: The only thing I would think it would be proper to loot at it in order to know what we are talking about. I know there is behind my louse a pond that was a tax burden to the property owner, which is now City Hpxoperty. This might not be the case up there. Bob Steindorf: We do plan to do something but to what extent we do 'not know at this time. Councilman Melstrom: I am wondering if it would not be a good idea -that the councilmen view the property and also that it be referred to the Rec::reation Commission. Mayor: A motion to the effect that the hearing be continued until tale Recreation Commission be instructed to also check it and ask whateveer questions they have. Councilman Melstrom: I so moae. councilman Wohlers seconded the moetion. (all in favor) Mr. Chester Wilson Attorney for the Petitioner - T & L, Inc. This is an official hearing on this proposal for vacation. I would like to make two suggestions after tonite. I certainly do not have any oppasition in behalf of the petitioner on the deliberation that the Council warnts to • (January 7, 1969 - cont_inued) • • take on this and view the area if there is any question about; it. I would suggest that before this matter is laid over to another meeting that you give props: consideration to the parks problem. I should like to make a few comments on the initial factors of that problem in view of my extensive experiences in this area. e 69 � Mayor Powell: You may proceed. Mr. Wilson: Naturally the members of the Council are familiaer with my background and that I was interested in the City Park Committee for a good many years and in addition to that about ten years with conservation. L wase appointed by the president on the National Outdoors Review Commission for pardons throughout the country. I don't think anyone will argue essential functions of parks in any municiparity or that our City of Stillwater is very short of adequate park space. The general rule is one acre for each 1,000 residents and thins would mean 80 acres for the City of Stillwater. The need for parks is important since people are having more leisure time and need places to get out and relax to relieve themselves. In this City we are definitely short of parks amid we need to do something about it and every time you do this it should be very carefully con- sidered. Let us take a look at this particular park situation. The City has acquired some good parks such as Pioneer Park and I will say the City should be complimented for the Lily Lake Park. Our kids are going to Monk back at us for what we are doing now. We over here are going to see our beautiful St. Croix Valley chopped up and with small residential areas. There is no park plan for the City. The Planning Commission for a few years made some recommendation of what should be done about parks but they did not pinpoint it.. There are certain rules in setting up parks. You need a certain number of parker of quite substantial size, where you can have ball diamonds. We are very fortunate to have Pioneer park and Lily Lake Park but we could use many more similar papeks. There should be neighborhood small parks and playgrounds particularly for the children and also for the adults to enjoy a little open space when they dog not have time to go travelling for outdoor recreation. We are very short of that= in Stillwater. We do not have any where that there is adequate space. The streets are full of kids playing ball in the streets. I happen to know something abovat the development of this particular property. The Fairmeadows development is just West of town and this particular location involves the horse -shoe which is about 800 feet west of the Olive Street road. In area it would be be roughly about 375 feet by 375 or a little bit bigger. It would amount to somewhere about 2 3/4 acres. It is considerably larger than an entire average City block cot 330 feet on a side. It would be a local par.`. or playground of very substantial size. Some years now I have acted as representative of our law firm as attorney for the T & L ever since they bought this land and worked on these plats out there and when we put through the papers to annex this to the City of Satillwater and the property immediately South of this that was acquired from Hi101 Klapp and Mr. Sauvageau and this very thing was brought up by the City Council. No arrangement was made for a park. Mr. Larson present president of T & L ddhoth assured the Council if they developed the area to the West that in that area they would see that areas were set aside that would be suitable to serve thee property owners of that area. I want to call attention to the fact that it amrrounds Hanson Circle and it is a horse -shoe I have extra copies of the map.. (Mr. Wilson presented the maps to the Council for viewing). It is on thee North side of Fairmeadows Road, which is the main avenue running through etbe plat, 800 feet West of the Olive Street Road, and close to the west end of pplatted property. Some comments were made a few minutes ago that this land is toot suitable now for Park purposes. It is certainly suitable by location and sizes. That is the time to get the land before it is improved. This is the time to get it and set it aside for park purposes and to allow the residential development to proceed around it. The people are going to demand this. Something wwas said about some wet ground here. This is a desirable factor. Municipalities: have made tremendous improvements with such property. That could be done here. Ilt is veryfdesirable thing that you can have a pond or a wading pool for the kids.. You can do all kinds of things with an area like this - the wildness and unimproveements. The area to be deeded to the City must be about 2 3/4 acres, and it mightt run to three acres if you run over to Crestwood Terrace for access. I doubt veiny much that you can find a better place in that area. It is many times the size of the pieces that have been asked to be vacated. The two pieces are 100 feet thy 60 feet each East and West. They are only a small fraction and have never beer' opened up or used. Now there is one thing more that certainly every public party/ should keep in the forefront when considering deals concerning park problems an that is how is it going to be financed. I noticed by the budget that you publrished recently that no • (January 7, 1969 - continued • • great amount was considered for parks outside of the recreation Epicgram expenses. Park developments almost inevitably enhance the tax bees when you acquire land for park purposes. When you invest in parks you are improving the tax base of the entire area. If this park is taken in and developed by the City it will enhance the tax base. Municipalities that heave done this have proved that the returns have exceeded the costs. We axe certainly willing to have the Council make all investigations they deem advisable, but too much delay even though we are in the middle of a tough wileter weather on this proposition should not be too long delayed. That is abet all the comments that I have on this particular thing. I don't know if ear. Larson or Mr. Steindorf have anything to add or if anyone elase, but I would suggest that before laying this proposition over to another meeting that . the Mayor call for comments from anyone. Mayor Powell: The main reason that we are calling for a delay i:.s- to view the property in question. Mr. Wilson: We have no objection to that. It is not unusual to• Lay the matter over to another meeting but care should be taken that this appear in the minutes. Mayor Powell: Yes, it will be noted in the minutes. Mr. Steind.lorf, none of this is flat land? Mr. Steindorf: The main section in the middle is flat land. Mayor Powell: In the middle there is room for a baseball diamone. Mr. Steindorf: There is room there for a regulation football amyl baseball field. Mayor. Powell: Would the Council like to go out there as a body .or each one to go individually? Councilman Melstrom: I think it would be more feasible if we went out as a group. Councilman Carlberg: If Mr. Steindorf could meat us there and sI:how us the. property that would be a help. Mayor Powell: desirable and Mr. Steindorf: matter. City Engineer: The land as it presently lies it not feasible economically for the Cityto develop. Mayor Powell: I think we should look at it. There was a motions and seconded that this be laid over until next Tuesday which is the 14th of Jeanuary and that the Council go as a group to look at this land and that the Recrreation Commission also be instructed to view it and to refer it to them also. Councilman Lammers: I think Mr. Wilson is well taken and you shnould ask if anyone else wishes to be heard. Mayor Powell: The hearing will be continued until next Tuesday simply for the purpose of looking at it. The hearing will be continued until Tluesday, January 14, 1969 at 7:30 P. M. In other instances we have received pieces that hiawe not been too we would like to be sure of what we are getting he:,re. I would appreciate the City Engineer making some: comments on the APPLICATIONS On motion of Councilman Melstrom, seconded by Councilman Wohleras Soft Drink Licenses were granted to the following for the year 1969: Emerson Lewer - Stillwater Drug Co. 108 South Main Street, Stillwater, Minnesota Ralph Wilberg 1017 South Fourth Avenue, Stillwater, Minnesota • (January 7, 1969 - continued) 71 • On motion of Councilman Melstrom, seconded by Councilman Lammers: the following Cigarette Licenses were granted for 1969: Richard Kleven 226 South Main Street, Stillwater, Minnesota Emerson Lewer - Stillwater Drug Co. 108 South Main Street, Stillwater, Minnesota Ralph Milberg 1112 Sixth Avenue South, Stillwater. Minnesota Zolldan Grocery 211 South Main Street, Stillwater, Minnesota John Huston - Valley Cafe 229 East Chestnut Street, Stillwater, Minnesota On motion of Councilman Melstrom, seconded by Councilman Wohleas a license ".To Haul Things Over City Streets" was granted to James Junker, 4170 South Martha Street, Stillwater, Minnesota. COMMUNICATIONS None DELEGATIONS OR INDIVIDUALS Mr. James Schmidt of the Charter Commission asked the Mayor when this commission would be getting under way with their meetings and he was informed as soon as the District Judge approves the nominations the Commission will begain to function. (The Mayor delcared a recess from 8:40 to 8:50 P. M.) PETITIONS None CITY ADMINISTRATOR'S REPORT 1. The City Administrator informed the Mayor and Council thatt the appraisers for the property on North Main Street in which the VFW Poest was interested have submitted a revised appraisal which amounts to 6600.000 per foot rather than $195.00. The total amount of $36,000.00 was for only 60 feet and not for the full 185 feet in this complete parcel. The City Administrator was directed to send a copy of thi:.s revised appraisal to the VFW Post. 2. A memo from the Police Chief requesting permission for a two way stop sign for the corner of Sixth and Hancock because of the hreavy traffic and poor visibility on the intersection. The Chief explasined that this would be a two-way stop on Hancock the same as the intersaections of South Fourth and Fifth Streets. On motion of Councilman Melstrom, seconded by Councilman Carlberg a resolution was introduced approving a two-way stop sign at the intersection of South Sixth Street and West Hancock. (see resolutions:). 3. The City Administrator informed the Mayor and Council that they neglected to pass a resolution for the employment of James Eder as a police officer to replace Leo Cartony and this would have to be done this evening. (see resolutions) 4 • • (January 7, 1969 - continued) • • 4. A memo from the Fire Chief requesting permission to draw up specifications for a tanker and advertise for bide, returnable at the Februaery 18th Council meeting. For the benefit of the new Councilmen the Fire Chief briefly explained the need for this equipment and the type of equipment that he will advertise for. The City Administrator informed the Council ethat this was planned for in the budget. On motion of Councilman Wohlers, seconded by Councilman Mels•itrom permission was granted to the Fire Chief to draw up specifications and advertise for bids for a tanker truck with bids returnable eat 7:30 P. M. February 18, 1969. 5. A memo from the Fire Chief asking to establish an eligibilitcy list in the Fire Department. This will be done by holding a written ent_cance examination. It is hoped that a sufficient number of Voluntieers would pasty ngteadetin taking would have anworkingation, knowledgerofytheemen procedureseving passingwade the Department. The City Administrator informed the Council that he has consented to this and that he just was passing this information on to the Council. 6. The City Administrator asked the Mayor and Council to rescind resolution No. 4142 which directed the City Clerk to bill all duplexes $4.40 per month due to the fact that the Council has now agreed by motxion to allow Junkers to do this. (see resolutions). 7. The City Administrator informed the Mayor and Council that ethere will be a hearing on Tuesday, February 11, 1969 at 10:00 A. M. at tithe State Office Building in the matter of the joint petition of the Minneapoolis Transit Co. and the St. Paul Transit Co. for an Emergency Order to !fix and Establish a Temporary and Permanent Fare to be charged for the Carriaoge of Passengers pursuant to Chapter 221, Minnesota Statutes. The Council requested that they be reminded of this hearing:. 8. The City Administrator informed the Mayor and Council that IMr. Dewey Eelson. County Assessor informed him that the County Board has passaed a resolution that whenever the services of the County Assessor are requested by Townships and Municipalities after the first day a charge of $75.00 Us made. d to the r a Cocil gmeding 9, followingr andoMain anduMMyrtleethe The SUreets: "We have investigated the possibility of installing pedestrian indications on the existing signals at the intersection of Chestnut Straeet and Main Street in Stillwater, as requested by your Council last month. Unfortunately, the installation is not as simple as originally anticipateod. As you are aware the original installation is quite old, but some spare conductors were provided. These spare conductors, between some of the signal pedestals. were removed, when the interconnect cable to Myrtle Street was :installed and, therefore, we cannot provide conductors to pedestrian indiecations. As I mentioned, we could make several modifications or rev:•Lsions to the signals with varying degrees of cost and effectiveness. B::tsically these are: 1. Remove the existing conductors from the signal system and install cablks and add pedestrian indications. Trills .+ould cost from $1,000 to $3,000 per intersection. 2. Because the condition of the conduit is unknown i.t may be necessary to replace the conduit as well as the conductors. This would cost an additional $2,000 to $4,000. Lf pullboxes were installed along with new concrete foundations the cost of this would rise to $10,000 to $15,000. • • (January 7, 1969 - continued) 3. if a new basic controller were added along with proper coordination equipment (assuming the interconnect conduit is good and usable) the cost of revamping both signals could cost $40,000 to $60,000 . We feel there are several factors to be considered. Anytfhing less than rebuilding completely is only a temporary solution. The sage of the system means maintenance problems will increase and eventually components must be replaced. Although the new river crossing may divert +traffic, the Stillwater Business District will continue to have traf£iac volumes and congestion and a smooth working signal system will be a nseeessity. Our present policy on rebuilding signal systems is to spl:.it costs according to the jurisdiction over the entering roadways. In this .rasa the State would pay for 75 percent of the Chestnut Street signal anus: 50 percent of the Myrtle Street signal. If the signals are rebuilt, three State will assume maintenance responsibility, except for cleaning, painting t, relamping, and electrical power. We would not be able to provide for this work in 1969 as our traffic signal Budget already is programmed. We are presently preparing our L970 program and could provide for this work if other priorities and total fundls permit. I shall be glad to discuss this further with you and/or the Contacil after you and the Council have time to study the proposals and costs. Glen Van Worrmer" Mayor Powell: Even with some modification of the traffic, it .Le still reasonable to suggest. City Engineer: It would be my opinion that the traffic with t:-he new river crossing it not going to decrease or if anything is to be donee I would say for the future it would be my suggestion to go ahead with the prog:lram to rebuilding the old system. This would run to $32,500ffor the City's shares of this. The Biggest cost would be the Chestnut Street. Councilman Lammers. I got a call from Bob McGarry about this and the Chamber of Commerce has been studying the traffic problem and he feelss that some type of pedestrian signals should be put in but that it is a littlee premature to go into a great expense. The Chamber and the Council should reviiew the matter with the City Engineer before any decisions are made. Mayor Powell: I think that we should look in conjunction witlm the Chamber and perhaps so that we don't make a mistake on this, we invite thesm to our first meeting in February. At that time we can dedide when to do thtis. They might not get it in until 1970. City Engineer: They state no earlier than 1970. Mayor Powell: We should review it and budget for it if we arms in favor. If it is agreeable to the Council we can instruct the Administratitor to contact Mr. McGarry that we would have discussion on this at that tim m. Councilman Melstrom: I move that we continue this at the firmt meeting in February with the Chamber of Commerce. Councilman Wohlers seconded the motion. (all in favor). 10. The City Administrator informed the Mayor and Council of an annual conference for new mayors and councilmen to be held at the University of Minnesota. He also informed them that Councilmen Carllterg and Lammers indicated that they will be attending. UNFINISHED BUSINESS Acceptance of the Contract for Local #49 for 1969 (see resoluutioas). 73 (January 7, 1969 - continused) • • NEW BUSINESS On motion of Councilman Melstrom, seconded by Councilman Wohlers tthe Building Inspector's Report for December 1968 was approved and orddered filed. On motion of Councilman Melstrom, seconded by Councilman Wohlers We Summary of Building Activities for 1968 was approved and ordered filed. On motion of Councilman Carlberg, seconded by Councilman Melstrom a the 1968 report for the Police Department was approved and ordered filed. ORDINANCES On motion of Councilman Carlberg, seconded by Councilman Wohlers the Clerk - Administrator made the second reading of an ordinance entitled "AM Ordinance Amending Ordinance No. 416 of the City of Stillwater" (Curfew) The ordinance was read section by section followed by roll cell after each section and all members of the Council voted in the affirnat=tve. The chair then put the question, "Shall this ordinance pass?" and on roll call. the ordinance was unanimously adopted. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Rescind Resolution #4142 on the billing of duplexes. (Garbag•e Pickup) 2. Accept Local #49 Contract for 1969. 3. Employment of James Eder as Police Officer. 4. Designating Stop Sign - Sixth and Hancock (Councilman Lammers voted "no") ADJOURNMENT On motion of Councilman Melstrom, seconded by Councilman Wohlers: the meeting adjourned at 9:40 P. M. Attest: City Clerk • • COUNCIL CHAMBER Stillwater, Minnesota January 14, 1969 7:30 P. M. REGULAR MEETING The meeting was called to order by President Powell. The opening prayer was given by the Assistant to the City Admninistrator Loland. Present: Councilmen Carlberg, Lammers, Melstrm, Wohlers and9 President Powell. Absent: None ssistant o the ilty rator Also Present: City Brower, Loland, Citytrator Attorney, City AEngineer, tPolice COCtief, Fire Chief, Acting Building Inspector Lawson Press: Vince Hamann, Stillwater Gazette Also Present: Mr. James Schmidt, .:tyce Schmidt, Mrs. Georges Wohlers, Jr., John DeCurtins, Robert Eelly, Harold Zolldan,. Chester Wilson, Mr. Fierke, Mr. Larson, Bob Steindorf, Donald5 Nolde UNFINISHED BUSINESS out of order L Continuance of the hearing on the vacation of a portion of Manson Circle. Mayor Powell: I know all of the Council has looked at this property. If Mr. Wilson or anyone else has anything to say at this time. we vain be glad to have their comments. Chester Wilson: There has been considerable discussion bacll. and forth which resulted in modification of the prtrosal whereby youehave a tileecoe rporatiIn giving to the City at this time a deed of a certain park would sign anagreeementsof which Ibthinkrthe council consideraly lager than a emembers ity chave k. Tseena that he anthecorporation will during this year 1969 convey to the City for park purposes except for Lot 22 and probably also suitable to be included in the area. (Mn- Wilsonat thiso point read the contents of the Agreement). Ordinarilyit bitaiisenot desirabdesirabl tit provide more than one vehicle driveway to a painto the area. i g. would be very desirable to have various walk pathways ave drawn the revised resolution which has been approved by thee City Attorney and I have given it to the City Clerk for reading. Councilman Wohlers: On that Lot 22, do we have a map of itt here? Councilman Carlberg: Can we have a reading of the resolution, Mr. Attorney? (The City Attorney read the proposed resolution for this vacation) Councilman Lammers: What type of improvements do the owneers anticipate making on this area? What do you anticipate has to be done? Mr. Larson: The area has a natural drain in the Northeastt corner for many years. There was very little water there. Last fall when we had all the heavy rains they ain in e ss of e However, wed have rengaged sanrhr engineerwhoisedigging planning daain thishareasand there will be an area of flat ground and we anticipate to have a small pond in thethi i agreea withnaorhwet corner of the ttthestime. As stated ewereadoasplanstosdos mebadditicumalle to Mlle pgrading eople hat wandseeding. Councilman Lammers. We do not have any idea who much fil-1 will be needed in the area. 16 (January 14, 1969 - continued) • • Mr. Larson: At the present time I don't feel there is any fill neseessary. It is several hundred feet higher than where the area drains in. The question is proper drainage. Councilman Lammers: How does the water drain out? Mr. Larson: This is a natural drainage area doss there but it is necessary to reopen this drainage area and this we intend to do. Councilman Lammers: Have you received any comments from the residents in the immediate area about this? Mr. Steindorf: The people out there would be happy to accept it aas it is. We do not plan to change the general terrain because it is much bettees as it is. Councilman Lammers: We were out there to view the property. Ron.., L guarantee from that you are familiar with the area. Do you anticipate that . there will be any problem because of drainage making the area inadequa!e for. a park? Ron: If a pond was provided to catch the storm sewer run-off and1 if it was shaped as such and properly maintained, you would have no problems, but other- wise you would. Councilman Carlberg: I talked to one of the residents out there and he and two or three other people said they would want the drainage probllem repaired by whoever owned it. Mr. Larson: We hired Banister Engineering to do this and we assume that there will be nothing to doing it but except that they don't takes care of it. Councilman Lammers: was this site looked at by the Recreational Director? Mayor Powell: Mr. Administrator, did the Recreational Director llook at this? Mr. Administrator: I don't believe so. Councilman Melstrom: I would like to suggest that we hold this cover until the Recreational Director has looked at it. Mayor Powell: What the Recreation Commission might do I do not laoow. We know that we need the park area. We know that we are getting almost ttbree acres for two lots that are 60 feet wide and I am wo,sdering what we wousld want the Recreation Commission to tell us. Councilman Lammers: I think we would want these gentlemen to worrk with the Recreation Commission, I mean the T & L Corporation. Mayor Powell: I think they would work with the Recreation Commis.ssion and Planning Commission and not be bound by the suggestions. City Attorney: If the property were not suitable in July with whihat they have done and we don't like it, we can refuse to accept the property. L feel that we have this alternative. Councilman Wohlers: What are we going to accent it as another Washington Park or a playground? Councilman Carlberg: I think in this respect it is not necessasrily up to us as to what type of use this is going to be used. It is up too the people in the neighborhood. I think this should be determined by the nneighborhood. As I see it, it will become a playground. Mayor Powell: We are getting this land and we will accept it inn a condition that was set forth in an agreement and what we do with it after that will be another matter. If the Council wishes to continue on with this or if you wish to follow Councilman Melstrom's suggestion that the Recreatrion Commission be asked to view it. Do you feel that this should be done? r • • (January 14, 1969 - cont.tinued) 77 e • Councilman Melstrom: I think we should. I move to lay this over until we have a recommendation from the Recreation Commission. I feel that we have a Recreation Commission appointed and we should accept a certain amount of suggestions from them and I believe that we should lay it ovser and have them make a recommendation as far as recreation is concerned. Mayor Powell: You feel the Recreation Commission should statte what is should be used for or if it is an acceptable piece of property for :any type of park area. (There was no second to the motion, so the motion was dead) Mr. Wilson: The Corporation is conveying an area three times: the size of the area being vacated. That area contains land the combination: of which is unusually desirable for neighborhood park areas. There is some slopinn4 Land in there and quite a little tree growth. The low place can be converted into a pond. In the summer it would be a wading pond and in the winter it could Tam a skating rink. I would put the area in the complete control of the City. It .will be used largely by the people of the neighborhood but when the people find o*+et what a nice place it is, many people might go out there to use its facilities. It seems to me from any standpoint it is desirable for the City to take this oppoortunity as presented. It seems to me that offering this substantial area to the Ci•.ty, the Corporation has made more than good on the original promise and can depe=md on them further to comply wholeheadmdly to the City. Mayor Powell: I will ask Mr. Brower to have roll call on th.ae resolution for this vacation. The vote was follows: Councilman Carlberg yes Councilman Lammers yes Councilman Melstrom yes Councilman Wohlers no (Due to the fact that street vacations take a unanimous vote of the Council the petition for vacation was denied since there was one diissenting vote) PETITIONS (out of order) Prom G. C. Lupient for a variance of Lots "X", "Y" and "Z" registered Land Survey No. 7. On motion of Councilman Nelstrom. seconded by Councilman Mohlers the petition was referred to the Planning Commission for theeir study. (The City Administrator was directed to send copies of ethe previous petition and minutes of the hearings to the Council menebers) UNFINISHED BUSINESS (out of order) This was the day and time set for a hearing on the second reeding of a proposed amendment to Ordinance No. 383. (Rezoning of property at 110I1 North Owen Street) The Clerk read the notice for hearing aloud; the Mayor inquiired 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 January 2, 1969. The Mayor then opened the hearing. No one appeared either for or against the rezoning so the Malgox closed the hearing. (See Ordinances). APPLICATIONS On motion of Councilman Melstrom, seconded by Councilman Lammers the following Soft Drink Licenses were granted for 1969: Noel F. Breault (Grand Cafe), 106 South Main Street, Stiillwater James E. Menard, 223 South Main Street, (Family Recreatihon), Stillwater, Mn. • • 1 78 (January 14, 1969 - continued) r • • On motion of Councilman Melstrom, seconded by Councilman Lammers thee following Cigarette Licenses were granted for 1969: Noel F. Breault - Grand Cafe 106 South Main Street, Stillwater, Minnesota (renewal) David R. Carlson - Texaco Service Second and Myrtle Streets, Stillwater, Minnesota (renewal) Maple Island Dairies, Inc. 219 North Main Street, Stillwater, Minnesota (new) On motion of Councilman Carlberg, seconded by Councilman Melstrom lficenses to Operate Pool Tables, an Operator's License for Amusement and Music Machines was granted. (renewal) - James Menard (Family Recreation), 223 Souuth Main St. COIMUNICATIONS From James H. Francis, 726 West Linden Street for an adjustment in !Iris sewer service charge. On motion of Councilman Melstrom, seconded by Councilman Wohlerrs the sewer service charge for the year 1969 was set at $5.00 pexr quarter. From Father Francis R. Vrana, Administrator of St. Michael's Cathol..ic Church, Stillwater thanking the City officials for their fine cooperation irk seeing that Father Francis J. Miller had a fitting and orderly funeral. (::read - no action necessary). DELEGATIONS OR INDIVIDUALS Harold Zolldan: I would like to reopen the old M & M. Grocery Store at Myrtle and Owen Street. I would like permission to reopen it as a store asgain. We will have to vacate our present location on February 28, 1969 and wvould appreciate your immediate action on this item. Mayor Powell: Does he need our permission? City Attorney: This would be a non -conforming permit. He would heave to apply for rezoning to revert back to business. Councilman Wohlers: The building is now used for storage. City Attorney: You can't reopen it without a non -conforming use. He has to make application for rezoning. Mayor Powell: I would suggest that this is the action that you wowld Like to us to take on this matter. Councilman Melstrom: Can you grant a non -conforming use permit in the area? Mayor Powell: We could have.a reading of an ordinance by title anod could have the second reading in February. Councilman Melstrom: I think it is the general feeling of the Council that they would want Mr. Zolldan to continue in business. Mr. Zolldan: The customers are asking us keep on. It all came as a shock to us. City Attorney: He has to vacate by the 28th of February. I don't .know if they will grant him a little extra time. Mr. Zolldan: The Coast -to -Coast is going to expand. I installed :a new produce case in October and we got a notice in December to vacate by Febru.:ary 28, 1969. • • • (January 14, 1969 — continued) 79 • Mayor Powell: I am sure no one would object. It would improve the neighborhood but we could have the first reading of an ordinance to rezrone certain property on Owen Street and I would think Mr. Zolldan with that an,E perhaps if everyone of the Council is agreeable to this, we could then have thins second reading next month, then it would be agreeable to transact your deal. I will poll the Council. All in favor of rezoning, please raise their right hands — all members were in favor). (See Ordinances). The Mayor declared a recess from 8:35 to 8:50 P. M. CITY ADMINISTRATOR'S REPORT 1. The City Administrator informed the Mayor and Council" that he had received a letter and copy of a letter to the State of Minnesota from the Banister Engineering Company regarding secondary treatment sausage plant and two other specific actions for the Council to consider. The City Administrator was directed to send copies oft this material to all the Council members for their study before any action is taken. City Administrator: I understand that the Council hese purchased the necessary equipment to make the necessary tests and trhis is being done currently. Mayor Powell: If we wait until we get copies of the letter and order and each of the Council study it then we will act on it at a future meeting. City Administrator: Would you like Mr. Banister to aappear at this meeting? Mayor Powell: Ron, would that help? Ron: The letter only gives us dates. The preliminaries are done with a few minor changes. If he would explain this to the two new councilmen so that they will be abreast on the matter. City Administrator: I think the new Councilmen should be brought up to date. Mayor Powell: If agreeable to the Council our Administrator will invite Mr. Banister to our first meeting in February. 2. The City Administrator presented the assessment roll on Local Improvement No. 70 - Sealcoating and Street Resurfacing. On motion of Councilman Lammers, seconded by Councilman Melstrom February 18, 1969 was set for the date of the hearing for the adolntion of the assessment roll for Local Inprovement No. 70. (see resolutions):. 3. The City Administrator asked the Council for authorizzation to have the Ritzer property appraised if they are interested in smelling this property to Jack Junker as presented at a previous Council meeeting. Mayor Powell: As a parcel of land it will increase iin value and we shouldn't be in any great hurry to sell it. I would have to opopose it if it was put to a vote. Councilman Melstrom: We do have a person interested in the property, I would like to take action that we have the land appraised. Ron: There is no value in the gravel but there is sailed there. Mayor Powell: when we bought it, we thought of many -uses for it. Donald Nolde: If the Council is in favor of selling it, they could advertise for bids and then have it appraised before awarding the bids. Mayor Powell: I think we should bear in mind that we, are not in the real estate business. We bought it for a purpose and if was still need it for what we bought it for, then we should not sell it. • Councilman Melstrom: Could we sell a certain area of it? • • 80 • (January 14, 1969 - coomtinued) e- • Mayor Powell: We should enter into some kind of agreement if: he is going to continue to keep his equipment there. The buildings are p:eresently being used for storage of equipment. City Administrator: Would the Council like to set a figure a:,s• to what we should get per month? Mayor Powell: It would be my suggestion that the Administrator and City Attorney meet and find out what the going price is. You coul._d investigate and find out and report back. Councilman Wohlers: I would move that the City Administrator., City Attorney and City Engineer meet ar.d determine what is a reasoumable rent price for the Ritzer property. Councilman Melstrom seconded the Motion. (all in favor). 4. On motion of Councilman Carlberg, seconded by Councilman Wohleers the City Administrator was directed to refer the matter of investments to the Sinking Fund Commission for their recommendation. 5. The City Administrator informed the Mayor and Council of a meeting to be held on Wednesday, February 5, 1969 at Capitol Hall, Holiday tlmn, St. Paul of the Metropolitan Section of the League of Minnesota Mwmicipalities. (President Powell and Councilmen Carlberg, Lammers and Wohlere indicated they would be willing to attend this meeting). 6. The City Administrator informed the Mayor and Council of a meting of the Metropolitan Section of the League which will be held at 8:00 P. M., Thursday, January 23, 1969 at Richfield City Hall, 6700 Portiaend Avenue. 7. The City Administrator informed the Mayor and Council of a meeting of the Minnesota Department of Conservation, Bureau of Planning, to be held on January 31, 1969 at the Hopkins City Hall, 1010 First Street South. 8. The City Administrator inquired if the Council would go along 'with the City of Stillwater doing laboratory work for other municipalit:Lee in connection with their sewage treatment plants. Councilman Lammers: What tests are required and by whom? Ron: These are the tests that we will be doing at our plant an set forth by the Minnesota Pollution Control. It takes a man about one-half of the time to run the tests required by the State in a Class a Plant. It is more economical to have your own men run the tests. Mr. Shelton is running these tests and he is also superintendent of the sewage plant. In conjunction with his regular work he is going to run the to -sits. Bayport has approached me what the City of Stillwater is going: to do. It would be a little expensive for them to run their tests by an .outsider or have their own men. We feel that we could run at least Bayport and Stillwater and Oak Park Heights along with ours. They have been clamping down on a few other municipalities. They are sending men in end running the tests and charging them for it. it is felt that in conjune.etion with the sewers and the cleaning thereof and the Supervision of the pLant probably this is probably the best solution to the problem at tthe present time and that is to have him down there full time. In a year oor two when we go to secondary treatment he will have to spend all of his ttine there. Councilman Lammers: I was wondering with his experience if he was too expensive of a man to have to do this work for us. Ron: I have asked Mr. Shelton to keep track of his time. There are some tests that we can't run but at least we can run the ones we carm. The tests we run take three days. He will keep track of his time so thatr we know how much of his time is used for testing. It is possible that he will not have time to run these other tests. We could assist them if itt is agreeable. • • (January 14, 1969 - comtinued) 81 1 Mayor Powell: If he is running a test for the City of Seetillwater, could he run a test at the same time at the Village of Bayport? Ron: Some of the testa you could and others you couldn'•t. The large majority of them could be done in continuity. Mayor Powell: There could be some advantages in doing iris for other communities. I think it would be gone into further. Councilman Melstrom: The other areas would have to takee the same tests, I assume. Ron: Bayport would take the same but Oak Park Heights vwould take less because of the size of their plant. Councilman Melstrom: If we could work out something betnween the areas, it would be a help in getting along with these people. 9. The City Administrator informed the Mayor and Council tHhat he had held a Department Head meeting on Tuesday morning, January 14tHk and it will be continued on Wednesday the 15th and that he will make a full report to the Council when these meetings have been completed. UNFINISHED BUSINESS The matter of the land from Northern Pacific Railway for use as a parking lot: City Attorney: I asked Mr. Brower to put this on the agenda. This is on the South Side of Chestnut Street adjacent to the Raiblway parking area. They sent over a written lease which called for a minimum rental of $2,000 per year. Now I was contacted by the railroad today and they indicate that they would agree to the same as the original they aent over but the minimum rental would be $1,200.00. The lease is for a ;period of five years. when the meter take reached $1,200.00 the balance would be split fifty/fifty. There would be a set back from the tracks of a certain amount. They want the Council's reaction on the $1,200.00. Councilman Carlberg: I think it is a lot of money. Mayor Powell: How many parking spaces would we have there? Ron: About 68 parking stalls. Councilman Carlberg: I can't see how this lot would be more centrally located than the ones on the North end of town. Mayor Powell: This would be more centrally located thorn the one on South Second. City Attorney: We would also have to pay the cost of tithe removal of the spur track. The cost is in the neighborhood of $3,000.00.0. The Chamber would lease 50 parking stalls in another lot or lots as designaged by the City so that the City would be assured of $3,000.00 per year income from the guaranteed rental from the lease of these lots. It vas a package deal with a guaranteed rental of $1,200.00. The projected figure was 50 to 60 dollars per meter. Ro.on feels it would be 25 or 35 dollars per meter. Mayor Powell: What I would like to do would be to have a meeting with the Chamber again so that the new Councilmen are brought up • to date on our proposal. We are now a different Council. I think that) we can get the layout and get an understanding of what they propose. id think you could arrange a meeting and we would meet with them and discuses it. Councilman Carlberg: What is the agreement on that periling lot right now? City Attorney: Roughly for three years the City rented the property and the rental was $2,400.00. The lease terminated and it wwas never renewed. • 82 (January 14, 1969 - continued) • • City Administrator: This also included the Mulberry Point peroperty. City Attorney: We pay the cost of improving and guarantee them $1,200.00 rent on the property. Mayor Powell: If the Council so desires, it would be my sugggestion that a meeting be arranged. You could arrange a meeting Mr. Kimmael. Councilman Melstrom: I would move that the Administrator caomtact the Chamber of Commerce and certain members of the Council to mast and discuss this matter. Councilman Wohlers seconded the motion. (all in favor) The Police Chief questioned as to what is going to be done about a Board of Health for the City. On motion of Councilman Lammers, seconded by Councilman Melsstrom, Councilman Wohlers was appointed to the Board of Health. The matter of the vacation of a portion of Hanson Circle: Councilman Wohlers: I voted "no" on this through some misuxederstanding. My apologies for that. I would vote on this the other way vvith the understanding that this Council accept the park area if the:r feel like accepting it. Bob Steindorf: That is our intention. Councilman Wohlers. I move that we reconsider the vacations of that portion of Hanson Circle at this time. Councilman Melstrom seconded the motion. Councilman Lammers: We are granting the vacation because oof the consider- ation of getting property that could be used for one purposae or another. I might suggest that they be asked to put something in Escrow or a Performance Bond in that we are not happy with the general condition of the property. Bob Steindorf: I don't feel that is necessary or required in this case. Ron: According to the survey made of the center line of thhe present platted street the lowest spot on the center is approximately in thte middle of the far 15 feet lower than Fairmeadows Road. It is lower than on both sides of it. You do not have a natural pond area. I have no idea and I don't believe nobody else does. What Banister Engineering intends to doo with this area I do not know. They will probably put in a control type off drainage in this area. Bob Steindorf: We want the park and we are the ones that rare giving the land and we have signed the agreement. I don't feel that wwe should be on a spot for Escrow. Councilman Lammers. I think you have put yourself on the spot with this agreement. This is the problem in my mind. City Administrator: I believe that some of this has come :about in the gifts in the past. We already have a situation like Counc:d Lman Lammers talks about. We have two park areas that are useless with.It expending a lot of money to make them useful. I think the gentlemen-. that are giving the property probably are not aware of this and I think thee Councilmen want some assurance. Once it becomes a City Park it becomes an . expense. City Attorney: I felt the agreement was to convey this area subject to certain improvements. I think we could under certain circ.:anstances compel specific performance of the contract. I think we could compel the disposal of the storm water. 4 • • • (January 14, 1969 - continued) 83 • Councilman Carlberg: They are willing to make improvememmts on this property and under no circumstances is the City obligatred to accept the property until it meets or they finish the improvements. We don't have to accept the property. I personally feel the intentions of the men are honorable and we will accept the property. Mayor Powell: I do believe if a provision is made so teat if there is a pond and it is of the size that it is intended to be arnd if easements are necessary this would be done. We are then talking abount the amount of grading and seeding then. If want to change it at any time after that, that is our business. I think where the difficulty can is that there might be a problem with the easement or drainage. Councilman Wohlers: Do we have to have this pond thera2 Mr. Steindorf: Yes. Mayor Powell: what we are doing now is vacating two piheces of street. We can meet with them and the Planning Commission and we can discuss these things later and we are not talking about a lot of money. Mr. Steindorf: We are looking forward to working with the City. Councilman Carlberg: This depends a lot upon what Bani.ister Engineering feels can be done. Mayor Powell: I was personally pleased to know that thsey had hired Banister. We were pleased with them. I am sure Banister will loo:ok at both sides of the picture. Councilman Carlberg: I call for the question. (All voted in favor of reconsidering the matter off the vacation of a portion of Hanson Circle. The City Clerk at the request of the Mayor took roll ca::L1 on the following resolution at this time which was passed unanimously: Vacating a Portion of Hanson Circle. (see resoluti•.uns). NEW BUSINESS On motion of Councilman Melstrom, seconded by Councilman Lameoera the 1968 report from the Fire Department was approved and ordered filed. On motion of Councilman Melstrom, seconded by Councilman Woh::Lers the Clerk - Treasurer's Report for December, 1968 was approved and ordersed filed. ORDINANCES On motion of Councilman Wohlers, seconded by Councilman Carl/Berg, the Clerk made the first reading of an ordinance entitled "AN ORDINANCI& OF THE CITY OF STILLWATER PROVIDING FOR THE CUSTODY AND DISPOSAL OF PROPERTY? UNCLAIMED BY ITS OWNER". ON MOTION OF COUNCILMAN WOHLERS, SECONDED BY COUNCILMAN LMIM4HBRS THE CLERK MADE THE FIRST READING OF AN ORDINANCE ENTITLED "AN ORDINANCLU REGULATING THE REMOVAL AND STORAGE OF ILLEGALLY PARKED VEHICLES." On motion of Councilman Melstrom, seconded by Councilman Wohlfers the Clerk made the first reading of an ordinance entitled "AN ORDINANCE AMENSDING ORDINANCE NO. 383 ENTITLED ZONING ORDINANCE OF THE CITY OF STILLWATER" (Rersaoning of property at Myrtle and Owen Streets for Harold Znlldan). • (January 14, 1969 - contiz.aued) On motion of Councilman Carlberg, seconded by Councilman Lammezrs the Clerk made the second reading of an ordinance entitled "AN ORDINANCE :AMENDING ORDINANCE NO. 383 ENTITLED ZONING ORDINANCE OF THE CITY OF STIILLWATER". (Rezoning for 1101 North Owen Street for Dennis Johnson and Sulperior Oil Company). The ordinance was read section by section followed by rol.-_L call after each section and all members of the Counil voted in the affirmative. The chair then put the question, "Shall this ordinance pass?" and ion roll call the ordinance was unanimously adopted. RESOLUTIONS The following resolutions were read and were on roll call unan:.Lnously adopted: 1. Directing the Payment of the Rills. 2. Vacating a Portion of Hanson Circle. 3. Hearing on Assessment Roll Local Improvement No. 70-1968. ADJOURNMENT On motion of Councilman Melstrom. seconded by Councilman Wohlems the meeting adjourned at 10:25 P. M. Attest: City Clerk Mayor • • • 85 • Wise COUNCIL CHAMBER Stillwater, Minnesota SPECIAL MEETING The meeting was called to order by President Powell. Present: Councilmen Carlberg, Lammers, Wohlers and President Powell Absent: Councilman Meistrom January 21, 1969 2100 P. M. Also Present: City Administrator, Assistant to the City Adminsistrator, City Engineer. and City Attorney and A. W. Banister The Mayor turned the meeting over to the City Administrator, wale reported as follows: On January 20, 1969 at 10:00 A. M. in the forenoon I met with Mr. William Liebenow, an employee of the Banister Engineering Company who specializes in sewage treatment facilities and with our City Engineer, Ron Ettiinger in regard to various aspects of sewage treatment and related matters. This meeting was held to bring as much information as posmsible to the Council for their consideration. 1. A letter addressed to the City Administrator dated Januamy 10, 1969 signed by A. W. Banister recomending that the Council passe a resolution urging the State Legislature to establish a program of state aid to municipalities for sewage plant construction which will raise the amount of Federal Aid from the Current 30% to 50% which is now edone in the State of Wisconsin. (copies of a resolution should then be maiiled to the Senator and two representatives from Washington County). (See reesolutions) 2. Reermmending the passage of a resolution by the City Council. authorizing the submittal of an application for Federal Aid. This resolution should specify an individual to sign and execute all documents necessary for said application. (The Mayor or City Administrator) (See re:es.olutions). Mayor Powell: We are talking about 50% participation foot the Federal which the State has to approve. Mr. Banister: If there is a State Aid program up to 25906, then the Federal Government will give you 50%. Mayor Powell: We are talking about going to secondary treatment. City Administrator: We are urging the legislature to takee action. Councilman Wohlers: I understand that under the Metro council they are going to have one plant way down the river. Mr. Banister: This is in their proposal. If this propcxsal ever takes effect and I have talked to the Metro Council and primaraily to Joe Maum and he says that there is no question but that would be sometime after 1985. There is no question that they would have to buy Stillwater out but it is not in the bill or proposal at this time. We are going to keep it simple and we are going to have to buy them out. Mayor Powell: If you have an efficient system going ante just keep it that way. Mr. Banister: This is going to exist. South St. Paul eshouLd be included in the original Metro Drainage Commission. We are involveod in the City of South St. Paul. I don't know the answer. I do think yoou are going to get heat on it any more than anybody else on it. • • • 86 (January 21, 1969 - continued) r • Mayor Powell: Do you think that the sooner that we get thee application in the better? Mr. Banister: Your plans are substantially far enough alosmq to submit your application and if you are turned down this year you estill have the possibility of getting on the waiting list. Under the present rules even though the money might not be available presently you .would get a certification from the State on a reimbursement program anod then come out of the next funds available. Councilman Wohlers: I think we should go ahead with the pi•lans Mr. Banister set up and I don't think the Metro Council will bother us aat all. Mayor Powell: I feel that way too. I feel we should have soli call on the two resolutions. (see resolutions). Mayor: The amount of the application will be figured out Mr you and Ron. Mr. Banister: They are seldom upgraded and if the cost is greater than the estimate you can't get the extra amount or percentage. If you got an order from the state that you must have an engineer's report as to whether or not you are going to be accomplished in this operation. This date is almost impossible regardless of what is done. You can either take the option to go along with the program or ignore it. Presuming that you would go along with the State as outlined in your letter, and I would recommend that you ask for an extension of six monthse of the report. This could be a fantasically high cost. 3. Mr. Liebenow stated that in his opinion from past experience would indicate that the testing required by the State of Minnesota throughn the Pollution Control Agency including the Stillwater Treatment Plant and6 the Bayport Plant would be a full time job five days a week and at the _present time the only man qualified to do the type of testing required is Mr:. Jack Shelton. In view of the fact that Mr. Jack Shelton is a qualified Seaaage Treatment Plant Operator and also a man that can make any and all tests required now or in the future in connection with Sewage Treatment Facilities and also because he was previously given the title of Superintendent: of the Sewage Treatment Facilities Interceptor and all of the sewer liness in the City of Stillwater, I would like to recommend that for the time beitag that Mr. Shelton remain in this position. Then at some later date if the Conseil feels that a man should be trained to assume his responsibilities at a: Lower rate of pay and with less technical background, then Mr. Shelton could Iee transferred to another department and a newer trained man assume his formeer responsibilities. Councilman Wohlers: What qualities should this awn hold? Ron E.: He should have a strong liking andtraining in Che:nnistry, prefer- ably he should have two years of college in Chemistry. Mayor Powell: he should also be certified. Jack is certif.'.Led. If he was bright and had high school chemistry, he could be trained for the job. Ron E.: Jack would be responsible until he was certified. You would have to have eight years experience. Jack is certified as a Cla:,ss B Certification. In the State of Wisconsin it is mandatory. Mayor Powell: We should also get a couple of snow blowers :for the sidewalk work. Ron E.: Who is going to run them? There is no question th.ut we should have them. Mayor Powell: You can clear more snow with two snow blowers! Len you could with one tractor. If you are talking about parks and grass cutting, then you could get some attachments for this work also. Ron E.: We have more steps than sidewalks and these have to be shoveled. Conati couldn't run a snow blower. Wilson is young and Leman is about 53 or 54. • • (January 21, 1969 - continued) 87 e • The City Administrator was directed to take whatever stepsat the Sewage necessary to have Jack Shelton take care of the testing9 Treatment Plant. 4. Mr. William Liebenow stated that it is a mandatory requirennemt that intermittent discharges of untreated sewage be reduced to as minimum and that an engineer study the matter of the combined sewexrs, bypasses and other factors which may lead to correction of the probldems now existing in Stillwater, and that the City of Stillwater is requested to inform the Minnesota Pollution Control Agency of its intenttions to proceed with this matter. Your Administrator would like to suggeslbethat tt thattr. A. W. Banister of the Banister Engineering be invited to appear ncil members at an unofficial meeting to discuss the estimated .east to take whatever steps are necessary to operate combined sewers and report to the Council as soon as possible. The schedule as follows: Engineering report by June 17, 1969 Construction plans by June 18, 1971 Initial Construction award June 18, 1972 Construction completed by June 18, 1978 Mayor Powell: There is a possibility that some of this could be done in the way of pooling certain facts. In a heavy rain then yam don't have it all going down there. Mr. Banister: The Federal government and State don't cares whether;, you separate it or not. What they are after is that you do noct dump raw sewage into the river. I think by separate treatment facilities orseparation of storm and sanitary sewer this can be accomplished but thence are no grants or aid at this time for separation. Under the Federal Wetter PollutionControl program if some of those things are accomplished an alterrnate expansion might be a current type of approach or a new innovation in the part of the county could be available for a demonstration grant of 7590 of the cost. We did a similar program for Chippewa Falls, Wisconsin for almout 80 acres. Determining whether it is more economical to construct separate sanitary sewers or separate sewers or what would be more economical( to do is some- thing else. Their time tables are unrealistic. City Administrator: That you must first have this prelim_dnary engineering report before you can do anything,is that not correct? Mr. Banister: Yes, as i understand it. Mayor Powell: If we have a heavy storm and some raw sewaage goes into the river what happens then. Mr. Banister: They will conduct a hearing and issue an corder for you to comply with. Mayor Powell: We have until June 17 and you think we earn get an extension of this time. Mr. Banister: Yes, for at least six months. Mayor Powell: The best way to handle it d beet to we haves Ron to avepoion Mr. continuer's ontinue his street program. It would be my suggestion Company to conduct this preliminary investigation and rapport so that we can indicate to them that we are going to do this. It would probably be prefer- able to ask for an extension. Mr. Banister: I think you would have to write the letterer to the State advising them that you have hired us to do this and it lea your intent to proceed with this much or their request by such and such . a date. City Administrator: We can get some estimate of cost as. to what the preliminary costs would be to the City of Stillwater. The cost would be somewhere between fifteen and twenty-five thousand dolla_.rs. • • 88 (January 21, 1969- continued) • Mr. Banister: It is pretty much based on a comparison of what wee did for the City of South St. Paul. We estimated their cost would be forty .to forty-three thousand dollars. On that basis your cost out here might be tent or twelve thousand dollars. it Councilman Carlberg: In your preliminary estimates /would be jurist as easy to work on both at the same time. Mr. Banister: This work for 1972 is complete. Councilman Carlberg: Then the new one is for 1978. Mr. Banister: That is right. Then you award a contract no latest than the middle of 1970. Mayor Powell: I think we should meet the date. We might as welll cooperate. Mr. Banister: The elimination of the discharge of combined sewagRe during the time of run-off according to that is not until by 1978. Councilman Carlberg: I feel that all reasonable costs to try too comply with these things as long as we are trying if some unforeseeable thing comes up they will know that we are trying a:d they will be reasonable. City Attorney: There is no point in talking to them without goinng in and doing the preliminary. Mayor Po.+ell: We have ,lone some of the things already. Mr. Banister: There has been hearings held around the state nn the Water Pollution Control orders. We are now up to 23. The last one thaat was held was for Intra-state waters. Ron: Bayport had requested a hearing and I think we should be r•:epresented at the meetings. City Administrator: Can you keep us posted when these hearings •ui11 be held? Mr. Banister: Yes. do City Administrator: Is it possible to/this work piece -meal? Mr. Banister: Yes. Mayor: The report is just a request and not an order. This is the cheapest thing and it is the one thing that has to be done and the least expensive. Mr. Banister: In a City as old as Stillwater you are never going to be able to separate it. There are too many old buildings that have roofs drains coming into the building and also there are many springs that drain int;.o the sewer lines. We are still going to take so much of this storm water :into the system and basically it is a problem of transportation. Mayor Powell: Regardless of how long we want to wait to do it, we still have to do the study. City Administrator: What is our present treatment? Mr. Banister: Twenty to 25% and with the new system it would bes 90% in the secondary treatment. Councilman Carlberg: I move that we instruct Banister Engineeriing to conduct their study and have the City Administrator mail the proper correspondence to the State as suggested in the letter and order. That we do the study and make no promise of having all the operation done by 1978. Councilman Lammers seconded the motion. (all in favor). • • • • • (January 21, 1969 - continued) 89 • • 5. The City Street Foreman, namely Mr. Hagen and the City Mlechanic, Mr. Kern have informed the City Administrator that the Snow Slowest which was purchased by the City in March, 1968 and delivered in December of 1968 does not have sufficient power to blow compacted snow into a truck. 'Therefore, it is the recommendation of your City Administrator that the Council members view a demonstration to determine for themselves if the City oa:ught to bethinking about trading for a larger and more powerful snow -blowers. Mayor Powell: It is something to think about. If the bbigger model blower isn't doing the job, we should trade it in and get something to do the job. Councilman Wohlers: Have you contacted the company? City Administrator: No, we were waiting for some offic_iaL action. Ron: What are you going to put it on? Councilman Carlberg: The big ones in the Cities are at-_tached to the regular loader. Mayor Powell: Then Bud Hagen says that the time to put: it on and take it off you could be using it for something else. If you c:an get it mounted on a tractor, would that be the answer? Ron: I personally feel that these should be on trucks .or on a grader. If you put them on the grader, then you have the grader ti..ad up. Mayor Powell: We should have something tied up just fo:.r that. I have another question, have you been using Mr. Quick in the :Street Department? Ron: Yes, but he is not a union man and we might have :problems. Mayor Powell: could he be brought into the union? Ron: This I would prefer not to. If we hire another roalman, then he would have to be union. Mayor Powell: Does Jim do that work? Ron: Jim runs the instruments. City Administrator: The City Engineer has a proposed street program for us and I think we ought to keep in mind that it would be at(' right to use a rodman on a temporary basis but just as soon as the weasther breaks we want him out in the field. Mayor Powell: If Ron could get the cost of something What will do the job and make a recommendation on whether we should get one snow blower for the sidewalks and also his recommendations on a snow blowea and the large equipment for clearing the snow from the streets. City Administrator: Why don't we go to some city some day to see a snow blower in operation of the type that we want. Ron E.: We could also go the County or to St. Paul. :If you don't like the operation of his unit, you can send it back. This: is in the contract. City Administrator: That is good. Mayor Powell: You can look up and see what we can do +and we would have to bid out something else. Ron: You should tell Mr. Hagen not to use the unit, i:f you are going to return it. 6. At a recent Council meeting the Administrator, the City Attorney and City Engineer were authorized and directed to meet with Mr. Jack Junker and discuss the matter of a rental fee in connection with -the building of the City's property known as the old Ritzer property. Mr. Dunker is presently • • (January 21, 1969 - continuedX) • • using this building to store equipment used for garbage and relfuse pickup. The committee has not met with Mr. Junker but Mr. Junker has °effaced to pay the City $50.00 per month for use of this building and Mayoor Powell felt that this was a reasonable amount and thakhis matter shouuld now be brought to the attention of the City Council. On motion of Councilman Wohlers, seconded by Councilman Lammeres that we enter into an agreement with Jack Junker for $50.00 per monel% rental fee for the use of the garage at the Ritter property. 7. It is the opinion of Mr. Jack Shelton of the Sewer Treatment Fsacility and also the opinion of the Street Foreman, Mr. Hagen that Mr. Dan :Thomas and Mr. wilson be permanently assigned to the maintenance of sewers within the City. The reason for this recommendation, Mr. Ehlinger, City IBngineer, feels that if the sewers are properly trued arc] maintained on : a year around basis the equipment at the Sewage Plant and Lift Statiomas will give longer and better service because the sand and debris will be 'removed by the sewer cleaning apparatus before it gets to the Lift Stations and Plant. Your Administrator has gone into this matter very carefully ano:d finds that he can recommend to the Council that Mr. Thomas and Mr. Wilson , should be permanently assigned to sewer cleaning and maintenance. 8. The Street Foreman, Mr. Hagen, has informed the Administrator *that we do not have enough personnel to keep all the trucks and equipment . operating now owned by the City. He is of the opinion that the public crauld be better served if an additional man was hired so that all the °equipment could be in operation at all times, such as trucks, loaders, ette. Your Administrator has gone into this carefully and finds that this request is reasonable and hopes that the Council will give Vales serious consideration. Discussion followed these two items and the Council requested as list of the employees with their duties and salaries before making a deecision on the matter. The City Engineer suggested that possibly Mr. Roam, Mr. Thomas and Mr. Wilson could be replaced with two men. This matter wiI11 be con- sidered at the first meeting in February. 9. Your Administrator has informed the Mayor that he is receiving complaints about Mr. Gordon burning junk cars at the old City Dump and I kJbelieve the Mayor has asked Mr. Gordon to discontinue the use of the old dump property for this or any other purpose. Mayor Powell: When the dump was closed in July, Sherman was 1•eft without a place to go and we allowed him there for three or four months/. It has gone on too long now and I mentioned it to him in the late fal11. He is doing some of it in his own junkyard. He is /ware that we haves this problem and the only thing I would say is that we should get some definite Council action and see if we can cut it out now. It is easy too Let it drag and certainly it has gone on a little longer than we wanted. Councilman Wohlers: Where is he going to burn this stuff? Councilman Lammers: I think it is extremely important that he stops burning within the city limits. Councilman Wohlers: How are we going to solve the problem? Mayor Powell: As long as we don't put pressure on him he will .continue and if he can't burn, then he won't pick them up. He still wants to be in that business, but the matter of finding a suitable locations where he can burn is a problem. Councilman Wohlers: He can rent property out at Ritzers but tHbe Township won't let him burn cars out there. • (January 21, 1969 - continued) 91' • 10. In checking our files we found that another Councilman shoulid be appointed to act as a member of the Sinking Fund Commission. The Mayon: is auto- matically a member and Councilman Carlberg has been official!Ly appointed and at this time the City Treasurer would like some direction from the Sinking Fund Commission in regard to investments. We currently haves Sinking Fund Investments at the First National Bank at an interest rate ooe 5%. The money market in some instances is paying a high rate of interest. I nit specifically referring to treasury bills and Notes currently on an intereeet rate from 6% to 6.70%. Your Treasurer would like some direction from the Sinking Fund Commission relative to investments - that is, shall he at all times invest the money at the highest possible rate of interest? On motion of Councilman Carlberg, seconded by Councilman Wohtlers James Lammers was appointed the third member of the Sinking Fund C..ommission. Councilman Carlberg: CD's are guaranteed interest whereas TEmeasury notes and bills fluctuate. This is good collateral. The Banks would the a little more willing to give us a little more money at a lower interest rate. Mayor Powell: It is nice to get all the money you can but ttbe banks do like to have this money to have deposited in their banks. 'mbis is one go& thing that comes out of city business. City Administrator: When we go to borrow money the banks haves always been good to us. The interest on treasury bills have been up form about three months. It looks like the money market is going to hold a feew more months. Mayor Powell: What are we talking about in the way of investment money? Wayne Loland: We have $425,000.00 invested right now. Councilman Carlberg: What is the length of maturity on Treasury Bills? City Administrator: Thirty, sixty, ninety or one hundred twwenty days. Mayor Powell: Then we borrow money to finance some kind of project we often invest in 30 to 60 day Treasury Bills. City Administrator: Interest on the notes from the Buildings Fund for this building bought most of the furnishings for this new buildimg. There is such a wide spread now and I would like some direction. Councilman Carlberg: I would be in favor of transferring some of it but not all of it. City Administrator: why don't you think about it and take asction later. Mayor Powell: I would suggest if the committee feels any dihEferent that some direction could be made today. RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Urging the State Legislature to establish a program of State Aid to municipalities for ;swage Plant construction which will naise the amount of Federal Aid from the current 30% to 50%. 2. Authorizing the submittal of an application for Federal Aid_. • • 92 (January 21, 1969) Adiournment On motion of Councilman Carlberg, seconded by Councilman Lammers the meeting adjourned at 4:20 P. M. Attest: City Clerk Mayor 93 COUNCIL CHAMBERS Stillwater,Minnesota January 27, 1969 4:00 P. M. SPECIAL MEETING The meeting was called to order by President Powell. Present: Councilmen Carlberg, Lammers, Melstrom and President: Powell. Absent: Councilman Wohlers Also Present: City Administrator, Assistant to the City Administrator, City Engineer, City Attorney Councilman Melstrom introduced a resolution which was requestesd by the Department of Highways, State of Minnesota for the improvement= of a part of Trunk Highway Number 95, 45 and 212. The improvement being deescribed as follows: Bituminous surfacing on Trunk Highway 212 from 1,000 feet= north of South City limits to Lake St. Croix and on Trunk Highway 95 fromChestnut Street to 300 feet South of East Laurel Street. Councilman Lammers seconded the motion. (all in favor). (See resolutions) On motion of Councilman Carlberg, seconded by Councilman Melst=rom the proposed street program submitted by the City Engineer for the year 19649 was approved and it was decided to hold public hearings on the proposed work on March 11, 1969 at 7:30 P. M. The City Engineer prepared this report as the result of as directive given to him by the City Administrator. The program includes the following streets: Pine Tree Trail From West Pine Street TO S "ly. Dead End. Lake Drive From Willard Street To S "ly. Dead End. West Willard Street From South Brick Street To Swath Seeley Street South William St. From West Myrtle Street To Wass! Olive Street South Seeley St. From West Pine Street To West Willard Street South Brick Street From West Pine Street To west Willard Street South Greeley Street From West Churchill Street Tao South City Limits On motion of Councilman Carlberg, seconded by Councilman Lammers it was decided to return the snowBloweron which bids were opened during March of 1968 and delivered during the month of December, 1968. It was the opinion of the street foreman, the City Mecharmic and other employees of the Street Department that this equipment was too light to do the job for which it was intended, namely to blow esnow on trucks. Mayor Powell informed the Council that according to spec:iiications which are part of the contract covering the purchase of this ecmipment the City can return the Snow Blower to the company and that the Ciity would not suffer a monetary loss. The City Administrator informed the Council that according to Mr. Hagen the street foreman and also the City Mechanic that the City ought to think twice before purchasing a heavier Snow Blower for the simple reason that the snow blower must be attached to a bucket machine, a truck or a graCder, and when this is done it ties up a useful piece of equipment that is needed during snow storms. However, these gentlemen feel that is the City would want to emend ten or twelve • 94 (January 27, 1969 - conttinued) thousand dollars and acquire a self-propelled snow blower this wnduld be advisable. However, they feel that it is cheaper to hire the now removed in the downto‘m area than it is to invest in high priced equipme:ent that is used for snow removal only. Mayor Powell thenatated that the City might pursue the possibility of purchasing a heavy duty snow blower sometime in the future. The City Administrator reported that Mr. Hagen, the Street Foreman. has suggested that the Council consider repairing the track tractor which is presently stored in the quonset hut located on the old City dumpe property. Mr. Hagen reports that this piece of equipment would be very useeEul in his department and that the cost to repair same is estimated not to exceed $2,400.00. On motion of Councilman Lammers, seconded by Councilman Carlberge, it was decided to purchase two self-propelled, two speed, dual action now blowers, 6 to 10 Horsepower to be used for the purpose of clearing sidewaelks adjacent to City owned property. It is the opinion of the City Council that men should not be hand shoveling snow in this day and age, especially in vilew of the fact that wages paid these men are much higher than in the past. The City Administrator reported to the Council that the City's Civil Defense Director has suggested by letter that the Administrator contact Mr. Strub. United States Department of Commerce, Environmental Science Servvice Adminis- tration, and inquire as to the possibility of a recurrence of a Flooding condition similar to the year 1965. The City Administrator informed the Council that he had written a letter to Mr. Strub today in regard to this matter. General conveersation amongst the Council members followed in regard to the flood and Councilmen Carlberg and Lammers requested information about the 1965 floodso thsat they would have some general background information should we have another flood during the spring of 1969. The City Administrator said he would comply with their request and mail pertinent information to Councilmen Carlberg and Lammers. RESOLUTIONS The following resolutions were read and were on roll call unanimmously adopted: 1. Approving State of Minnesota Highway Department Plans for idmprovement of Highways 95, 45 and 212. • 2. Fixing date and ordering hearing on proposed 1969 street innprovements. ADJOURNMENT On motion of Councilman Carlberg, seconded by Councilman Lammerse the meeting adjourned at 5:00 P. M. Attest: 42112A-4—LAAj City Clerk * Not published in the required time - repassed 2-18-69 Mayor • • • 95 Council Chambers Stillwater, Minnesota REGULAR MEETING The meeting was called to order by President Powell. February 11, 1969 7:30 P. M. The opening prayer was given by the Assistant to the City Administrator, Wayne Loland. Present: Councilmen Carlberg, Lammers, Melstrom, wohlerss and President Powell. Absent: None Also Present: City Administrator, Assistant to the City Administrator, City Attorney, City Engineer, Police Chief, Fine Chief, Howard Hagen Dick Blekum, John Lawson Press: Vice Hamann, Stillwater Gazette Citizens: Robert McGarry, R. M. Hadrath, Rod Lawson, Jack: Junker, Ted Gillen, Jean DeCurtins, Duane Elliott of Banister Engin.seer, Mrs.': Robert .Dunker, Mr. V. Gozzi and his attorney from Anoka. UNFINISHED BUSINESS ( out of order) This was the day and time set for a hearing on a second reeading of a proposed amendment to Ordinance No. 383, which would rezone the intersection of South Owen and West Myrtle Streets from (RB) Two Family to (CA) Business. The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and the Clerk informed the Countail that the notice for hearing was published in the Stillwater Evening Gazette tits official newspaper of the City on January 29, 1969 and notices were mailed to all property owners on January 30, 1969. The Mayor then opened the hearing. The City Attorney informed the Mayor and council that this would still qualify for a Special Use Permit and it would not be necessary to rezone the area to allow the Zolldans to operate a grocery store at this location. Councilman Melstrom: As a member of the Planning and Zoning Commission that was definitely the thought of the commission that a Special Usme Permit was much better in this situation and it can be controlled. If it was reasoned then most anything could come in and this might not be desirable. Ted Gillen 1011 West Myrtle Street I do object to it being rezoned without restriction. I st= 11 feel that it does lend itself to a grocery store. I do know the Zolldan fancily and know that this will be run properly and be an asset to the area. Councilman Lammers. Presuming that we were to go to the route of the Special Use Permit, what do we follow? City Attorney: We would follow the same procedure as for -the rezoning. If there are no objections to rezoning, the Council could proemeed on that basis this evening. 96 (February 11, 1969 - continueod) Mayor Powell: Is it not correct that the residents in that area do not object to a grocery store? I think there would be objection if it was rezoned commercial. Mr. Gillen: That is correct. Mayor Powell: Gentlemen, do you wish a second reading of the ordinance? Councilman Melstrom: I would like to Use Permit to operate a grocery store Streets. to issue a Special Use Pexamit or have move that we grant Zolldarn's a Special on the corner of North Owrea and Myrtle Councilman Wohlers seconded the motion. (all in favor). APPLICATIONS On motion of Councilman Melstrom, seconded by Councilman Carlberrq the following Soft Drink Licenses were granted: O. R. Aase (Supermarket) (Formerly Country Boy Store) 808 North Fourth Street,, Stillwater, Minnesota victor Gozzi (Vittorio's) (Formerly cafe St. Croix) 402 South Main Street, Stillwater, Minnesota Lowell Johnson (Deno's Country Boy Supermarket) 215 North William Street, Stillwater, Minnesota Reddy -Kilowatt - NSP 425 South Main Street, Stillwater, Minnesota Harold Zolldan (Zolldan Grocery) 103 North Owen Street, Stillwater, Minnesota On motion of Councilman Melstrom, seconded by Councilman Carlbemg the following Cigarette Licenses were granted: O. R. Aase (Supermarket) (Formerly Country Boy Storer) 808 North Fourth Street. Stillwater, Minnesota Lowell Johnson (Deno's Country Boy Supermarket) 215 North William Street, Stillwater, Minnesota Reddy -Kilowatt - NSP 425 South Main Street, Stillwater, Minnesota On motion of Councilman Wohlers, seconded by Councilman Melstrons a License to Operate a Theatre was granted to Dan Stice and Rod Lawson (Audittorium Theatre Co.). 211 South Second Street. On motion of Councilman Melstrom, seconded by Councilman Wohlers: an "ON SALE" 3.2 Beer License was granted to Victor Gozzi, 402 South Main Stxreet. (Formerly Cafe St. Croix). From O. R. Aase, 808 North Fourth Street and Lowell Johnson Memo's Country Boy Store, 215 North William Street for an "OFF SALE" 3.2 Beer ILicenses. (First reading - carry over to next meeting). DELEGATIONS OR INDIVIDUALS (out of order' Mr. Victor Gozzi Vittorio's Pizza I would be required to have a liquor license in order to operate* such a business according to the standards which the food is intended and to briing a good restau- rant to this old town. I feel very strongly that no Italian dimmer is to be served or cooked without the wine. I am a good restaurant operator and this is very necessary for this type of food. r • • (February 11, 1969 - continued) 97 hr. Gozzi explained his complete operation in that he woeuld have separate dining rooms for the teenagers and then would brave the family type dining room. He inquired if a special census could be taken to see if the City of Stillwater would come into the classification of a Third Class City so Chat additional licenses could be granted. City Attorney: A special census could be taken at the requesat of a petitioner. Attorney for Mr. Gozzi: IS it the opinion of the City Attorney that we would have to wait until 1970 before we could grant such a license based on the population at that time. City Attorney: As stated we could have a special census at tine request of a petitioner. Also it is theoritically possible when the licensees come up for renewal that he could get one of the current licenses. Gozzi's Attorney: Mr. Gozzi's plans depend upon whether or mot he can get a liquor license. Councilman Carlberg: Liquor licenses have been bought from current operators. Our hands are tied as to issuing further licenses, but there is the possibility of requesting an additional license. Councilman Lammers: I, too, have talked to several people whoo have been in contact with Mr. Gozzi and I, too have heard favorable comme;ente. I am wondering if in your present setup do you operate in the manner which rcsquires this license? Mr. Gozzi: No. Mayor Powell: If the Council granted you a 3.2 On Sale Beer License this evening, is this of any advantage to you as long as we can't do anythi:.ag about the liquor license? - Mr. Gozzi: This fine with the pizza. I could't afford to go. into the true Italian food with such a license. I will be limited to what :I can do. Councilman Wohlers: If we told him to go ahead with this census, would this open us up for five more licenses? Councilman Lammers. What is the possibility of requesting thee Legislature of getting another liquor license. City Attorney: I think there is a bill about to come up recommending doing away. with the limitation of the liquor licenses. I don't know how. tough it is right now to get a special liquor license. Mayor Powell: This is an avenue that the Council can go also.. We would have to pass a resolution to send this to our legislature. Councilman Carlberg: I move to introduce a resolution to graset a special liquor license to Mr. Victor Gozzi to operate a restaurant at 402 Soseth Main Street. Councilman Lammers seconded the motion. (all in favor). COMMUNICATIONS From Mrs. Howard Mrienke, 1403 South Sixth Street requesting :a reduction in sewer revenue quarterly billing. On motion of Councilman Melstrom, seconded by Councilman . Lammers the sewer revenue charges for Mrs. Howard Xrienke, 1403 Soutth Sixth Street was reduced from $22.00 to $5.00 per quarter. From Gary Anderson, 404 South Brick Street requesting an adjusstment in the quarterly sewer revenue billing. On motion of Councilman Melstrom, seconded by Councilman Wohlers the quarterly sewer revenue charges for Gary Anderson, 404 Soouth Brick Street was reduced from $9.00 per quarter to $5.00 per gwarter. • (February 11, 1969 - continues:, From Bill Hawkinson resigning from the Planning and Zoning Commisssion. On motion of Councilman Carlberg, seconded by Councilman Wo[hlers the resignation of Bill Hawkinson from the Planning and Zon:ing Commission was accepted and the Clerk was directed to write him a letter of gratitude. From Aurilla Atwood and Helene Wallis thanking the City crews for: the nice job of snow plowing and sanding. (read - no action). (The Mayor declared a recess from 8:30 to 8:40 P. M.) DELEGATIONS OR INDIVIDUALS Robert McGarry Chamber of Commerce Parking Facility Committee I believe the City Attorney has the most recent correspondence Errors the Railway on this matter. (The City Attorney, Mr. ximeel, read the most recent letter from the Railway on this matter). Bob McGarry: We do have a parking problem in our core area. Thiis particular lot is South of Chestnut Street along Lowell Park. This area is 'being used by people from Wisconsin who form car pools and go into St. Paul. It is of no value to us and they are getting free parking. By removing t_he spur track we would have room for two rows of cars parking diagonally. We n.ssw have it down to $1,200.00 minimum and a fifty fifty split of the gross re-.renue from the meters. We feel this particular lot is the best and most pro..&uctive. It is the closest to the immediate downtown area next to the one on :South Second Street. I do feel that there is a need. It is an opportunity to .pick up some additional parking revenue. It is a long time in the mill arid you don't get anything from the railway on a short order. If there are any questions, I will try to answer them. Councilman Lammers: The rental is $1,200.00 per year.. Bob McGarry: That is the minimum amount. Councilman Lammers: Is there any projection as to the amount that: we will get from this lot? Bob McGarry: It is very hard to project revenues of a thing like this. I felt this would be the most productive lot to the core area. I feelt that getting this minimum fee down to $1,200.00, we feel quite safe thaat this would be it. Also what is being done about the traffic signals? I feel thaat there is a need to have a meeting with them. If a representative would come over to our March llth meeting, we could discuss this matter with them.. (Mayor Powell directed Wayne Loland to send a letter to the Highway Department asking them to send a representative to the March llth meeting and also to contact Bob McGarry if they are to be hence at that time.) Ron: The cost of the meters and paving on the new parking lot wouuld be $5,600.00 for the meters and about $3,500.00 for the paving. Theree would be about 72 meters in this lot. Councilman Lammers: Has there been any discussion on how this wouald be paid for? Mayor Powell: At the time we were discussing means of financing. -we were talking about exchanging of land and combining receipts into a parking fund. As to this single project it hasn't been discussed as to how this could be dowse. The responsibility would probably fall on to the City. r • (February 11, 1969 - continued) 99 Bob McGarry: Why don't we put this off. We will come back too the March meeting and we will have the cost figures and act on somethings concrete. BRUCB BLACK 1111 South Second Street (Mr. Black read an objection to the billing on duplexes for garbage pickup services without the right to negotiate).. Mayor Powell: Some years ago we had garbage pickup where you could take it or didn't take it and it turned out to be a very unsatisfactory :method. Sone people would throw garbage wherever they saw fit. In towns whnere you have municipal pickup you have no choice and it is on your taxes. We felt it was more fair to have the pickup we have and charge per unit. We could levy one mill or two mills and you wouldn't know what it is costing yous. If we had a city operation there is a possibility that it would cost yowl more on a tax levy. Mr. Blacks What about the business places - do they negotiates? Delmar Pauley: We had no means of negotatione on the price fo_.r the duplexes. Jack Junker: The Council approved a listof quoted prices for stuplexes and multiple dwellings. This was also approved by the City Attorn&ey. (Mr. Junker read the list of approved prices). Councilman Lammers: Mr. Black's criticism is on the billing. Does each unit pay $2.20? Mayor Powell: This was arrived at that each unit would be $2.2C1 with the exception of those over 65. Councilman Lammers: Another question came up regarding the retfro-active billing which must mean that some of the regulations were not put into effect. Possibly we could get some clarification of this. Mayor Powell: Any service that the government renders and is mot paid we have to be able to recover any bad debts and the property owner is responsible as it is certified to his taxes. Delmar Pauley: My water is about $7.00 and also the sewer and the garbage service is about double. That is not fair. Mayor Powell: This is not done any differently than any other city in that we certify the unpaid bills to the property owners. City Attorney: There is not an effective way to bid the business places. You have some bus inesees that produce quite a lot of garbage and others that do not have much. To apply a flat rate of so many dollars per business' would be grossly unfair such as a grocery store as opposed to a clothing store. Mr. Black: You can't tell how much garbage is going to come out of a duplex and I feel that we should be on commercial pickup service and rate. Mayor Powell: One family of three might have one can and anothear family of three will produce three or more cans. I can't see that that i:.sa big problem. There is only one residential pickup service in the City. I dourt't think adding $2.20 to your renter's rent would be a problem. Mr. Black: Do the bills have to go to the owners? Mayor Powell: They go to the owners and they in turn can give tthem to the renters or add it to the rent. If they are unpaid. they must be certified to the county and this appears on the taxes of the owner. Mr. Pauley: First it was the water, and then the sewer service and now the garbage you to collected for from the renters. Mayor Powell: The City requires that he pick up your garbage. Duplexes are like two houses side by side. If you have something you want e..plained, you can talk to our attorney. (February 11, 1969 - continued) • • City Attorney: There was an article in the Gazette on negotiatiOoms but there is no question of negotiations in the original contract that we eemtered into with Mr. Junker. The contract requires that the City pay him $2..20 per unit. He is not arbitrarily overbilling you. The City did authorize and did contract with Mr. Junker for this. We entered into a contract and agreed to bill the service. Then there was confusion as to who was to bill them ano.d then no body billed them. Then it was agreed that the City would bill both unite of the duplexes and then it was agreed to change it and Mr. Junker agreeed to assume the responsibility of billing the duplexes. This involved no change in the contract. Mayor Powell: Many duplex owners did not care to admit that there had a duplex or a three plex and it was felt that Mx. Dunker on the roeate could determine this better than we could. Mr. Black: Should we be responsible for this lack of organization and be billed retro-active to October 1, 1968? Councilman Carlberg: You got the service during that time. Mr. Black: How do you collect? If we don't pay this, ca,a this be put on the taxes? City Attorney: If you don't pay Mr. Junker, he can bill us and we will certify to your property. Mr. Black: Do you feel that we should be able to collect that? City Attorney: I think the City should be able to bill it. Mr. Black: We are paying for the City's neglect. City Attorney: You are paying for the service. Mr. Pauley: There is some question about the Stillwater SanitaUtion of storing their equipment in the City Garage. Will he be billed back to October first! Mayor Powell: He will be billed back to July first. When sometbBinq is new there are going to be problems. We don't have too many right now. THhis is one of the things that evolved and we made some changes and I will admit tHhat it is a handicap and you will have to tell them once. We knew that theree would be problems and we are trying to work them out. We talked to the girls who do the billing and also talked to Mr. Junker and this was the best way. PETITIONS None CITY ADMINISTRATOR'S REPORT 1. Mr. Duane Elliott of Banister Engineering Company appearedt before the Council and explained matters pertaining to the reconstruction of South Greeley Street. Councilman Lammers: If we could hold off for one week, ttnen the Village of Oak Park Heights would be here as they do plan to atte:md our next meeting and Mr. Banister might be able to attend this meetting and get some figures that we never had. Mr. Elliott: If you can find out the boundaries that wilt be served by Oak Park Heights and also Stillwater Township. Councilman Lammers: At least we can hear from others and should then be able to make a decision. Mr. Elliott: I would want to have that information before that meeting and it should be started. Also some drawings should be sraibmitted. Mayor Powell: It might not be bad to hove someone from Stttillwater Township attend this meeting. • (February 11, 1969 - contiunued) Mr. Elliott: Any time that a connection is made they could share the cost. Mayor Powell: It is possible that they may have a conttract with Oak Park Heights. Mr. Elliott: Possibly your City Engineer and I can avasil ourselves of some of this information which we do not have at this time. (The Mayor declared a recess from 9:55 to 10:00 P. M.) 2. The Administrator informed the Mayor and Council that Ma. Hank Sampson called on February 4, 1969 and stated that WAVN will bee celebrating'its 20th year of broadcasting and March 15, 1969 has been met aside for special broadcasts from the Stillwater Armory between the hours of 88:00 A. M. and 5:30 P. M. said they would like to serve 3.2 beer to be served with sauerkraut sandwiches in connection with a sponsored trip to Munich for the October tfestival. They would like to have the Mayor publish a proclamation in connection with the 20th anniversary. Discussion followed and it was brought out that in the jest when events of various kinds were held at the Armory they were not alllowed to serve and it was suggested that the Clerk's office contact Mr. Saampson and find out whether or not they have permission to serve beer for Hthis occasion and if permission is granted, action will be taken on Februarld 18th, 1969 regarding this beer permit. 3. The City Administrator informed the Mayor and Council tthat the firemen complained about the low humidity in their quarters and have requested that some type of a humidifier be installed. He contacted the City's architect and he informed him that this type of equipment should be installed in the air conditioning system or duct work. He then called Mr. Schwantes and he concurred with the architect and submittted an estimated cost to install the proper equipment - $781.00 for the humidifier and $375.00 for the plumbing and wiring. Councilman Lammers: I feel that we should explore the possibility of something less expensive. Councilman Carlberg: I would like to be able to talk tto Schwantes and some others in the business and see what they say. It was agreed to check into the matter further and make a decision at the February 18th meeting. 4. The City Administrator informed the Mayor and Council Utbat the City's Mechanic has requested that the Council consider purchasing the following tools and equipment for use in the City Garage. All tcools presently used are furnished by the mechanic and he has stated that has will continue to furnish the tools but he is in need of additional tools] and equipment. 1/4 Inch Electric Drill (B & D) $ 11..25 1/2 Inch Electric Drill (B & D) 17-.20 Set drills 1/16 to 1/3 Inch 49_.63 5/8 Inch Drill Bit 9-.07 Clutch Alining Tool Flaring Tool - copper tubing 5-.04 Copper tubing Cutter 7-.04 Floor Creeper 12_.50 8 Ton Hydraulic Jack 25-.95 Transmission Jack Heavy Duty 294..10 7 Inch Disc Sander (B & D) 69_.30 Starter -Generator Tester 2..95 Brake Cylinder Honer 7..40 Battery Post Cleaner 3 —90 Battery Hydrometer Tester 2_.00 Battery Cell Tester 6_.50 Parts Washer 239..50 $763.33 On motion of Councilman Melstrom, seconded by Councilman Wohlers the request for the equipment and tools in the amount of $763.33 was granted. • • • 102 February 11, 1969 - continued) w • 5. Mr. Dean Charlsen, Civil Defense Director appeared before thee Council and asked if the City is going to do anything as far as floodli control is concerned. He asked that some consideration be given to ggetting ready for it. The Police Department and the Fire Department ere fully aware of it and are working on plans to cooperate with any fllood control. He presented a contract for sand bags from Northwestern Bag Corporation, which was turned over to the City Attorney to be checked out before the contract is approved and signed. He stated that the City Engineer has four portable radio unitts that were used in the 1965 flood which were tested and they can bee heard at the river front but cannot be heard back at the Municipal Buidlding. He recommended that the City give some consideration to the puratase of at least four more portable radios which would cost anywhere from 65 to 145 dollars. If they are used for Civil Defense purposes, itlt might be possible to recover about 50S of their cost. He asked if the Council was interested in building a dike again. Mayor Powell: I would think that a dike is a necessity if tie water was high enough. Mr. Charlsen quoted the costs of the 1965 flood and the amousnts that were received in federal aid. Mayor Powell: I think that one thing that we could do and I Rave talked this over with Hadrath is that a committee should be tforned so that this could be clarified that when action has to be taken thatt each person and each division would know what their responsibility is. 18nu submit five names and the Chamber submit five names and select a representative group to meet with the Civil Defense Director to make plans. Mr. Hadrath: I am interested in the permanent solution and kit is possible that it will happen every year. It had no conflict with Dean- what I would like to see if a committee formed to work with a permanent solution and I have corresponded with our Senators and Representativeea and the Secretary of the Interior. Mayor Powell: We are looking into the long range program of flood control. The Chamber of Commerce would be aware ofwhat we are doing. If we have this committee, at least, we are aware that some of this responsibility is resolved. Mr. Charlsen: You, through your department heads are going Ito form the basic committee. Each department head is responsible for certain dainties and responsible to set up the working groups under his departmentt. As you know there was unhappiness in the last flood - some got paid and •others did not and that caused some dissatisfaction and hard feelings. I would strongly recommend that the Chamber of Commerce through some of the 1•.ocal businessmen figure out the keeping of time cards of these voluntary peop aLa who anticipate getting paid. Mr. Brower: The idea was not intended to take any powers away from the Civil Defense Director or the Mayor. The idea was to have a, Mayor's advisory committee. The committee would have no power. The_:r would come to the Mayor with advice. He can take it or not. It is a l..ung range program. This would be a committee working on getting some relief from flooding. There are many non -allowable items under the law. All this was tu:arned in and the federal government said this is allowable and this is not. Mr. Charlsen: Mr. Flynn said if they worked their regular hours then after that they could have gotten paid. Councilman Carlberg: You could go on talking about this hour- after hours. We can't decide here tonite. I suggest that the City Counci_L meet with the Chamber of Commerce and work this out. Mr. Charlsen: Are the business men willing tocommit themsel..res in any way financially? Mayor Powell: Between Mr. Hadrath and I, I am sure that we -will be able to come up with an answer. If the water comes up high enough, vwe will be considered a disaster area. ve are talking about what the dlLfference will be. • (February 11, 1969 - continued) 103 Mr. Charlsen: In 1964 the difference was $20,000.00. If things are worse than in 1965 then the cost will be higher. You wvLLL have to haul the sand further and the trucks will be higher this time. Councilman Carlberg: Can we wait until we talk to the bvusinessmen. Mayor Powell: Dean is concerned that we understand thee problem and talk to the businessmen. Robert McGarry: We have a board meeting tomorrow and wve will be glad to set a date to meet on the financial aid from the businessmen. Councilman Carlberg: Then we can talk the situation over and make some decisions. Mr. Charlsen: We have to know so that we can plan fully.. Councilman Lammers: I think we have very basic decisions to make here. i am concerned about theenergency funds. It cost the City $40,000.00 and over and above the funds. Mayor Powell: I myself would say if you are talking about water high enough to come up into the street, the City should make, plans to hold it back. Councilman Carlberg: I know three or four businessmen :that are not in favor of a dike. I think this has to be decided with t[len down there. Mayor Powell: I am sure you will find most of the businessmen will want it. If we had no dike, we would have damaged a lot of tthe downtown sewer system in the 1965 flood. You have to be declared a dissaster area to get the funds. Mr. Charlsen: The Governor makes the plea to the presiodent. The State of Minnesota has $2,000,000.00 in emergency funds. If the City can show that they have spent all the money they can afford, they can apply for funds. It has to be an emergency on a federal level. Mayor Powell: The council should make some decision on what they want to do about sand bags. City Attorney: I would like to check out this contract_. Can we wait until next week? Mayor Powell: Yes. Mr. Hadrath: Many of these communities are planning anod I think the only suggestions is that we have got to plan. Obviously we man do a better job the next time and possibly do it cheaper. Mr. Charlsen: I recommend that you have this meeting width them as soon as possible and possibly this week. Mayor Powell: How about Friday at 1:30 P. M. in the Chemnnber Office. Mr. McGarry: That would be fine. 6. The City Administrator informed the Mayor and Council thhat he had received a notice from the McGarry -Kearney Agency reporting that the insurance company has settled the claim against the City, claimant Rudolphh Singelstad for Peter in the amount of $36,800.00. The foresight on then part of the Council in obtaining dependable insurance has spared us the woryy and expense of defending and paying this claim. 7. As directed by the City Council, the City Administrator set with the City Attorney and the City Engineer in regard to the proposedE sewer assessment in the area known as the Benson property located South ooE Pine Tree Trail. It was agreed that Mr. Benson should be assessed for thee full amount of the assessment with the exception of the Monty property, in spite of the fact that land lying West and abutting this project is not inn the City limits. If the assessment is deferred the City would be financing a private enter- prise and setting a precident for future projects. We, therefore, recommend • 104 (February 11, 1969 continues) • • that the City Council direct the City Engineer to prepare the assessment roll as proposed. The City Engineer advised the Council that Mr. Benson has sold)) some of these lots with the understanding that would be assessed for t_hte sewer and that the assessment roll has been prepared in this manner.. 8. On motion of Councilman Lammers, seconded by Councilman Caribeerg the hearing date for the assessment roll for the following improvements was set for March 18, 1969 at 7:30 P. M. Local Improvement No. 63 - Local Improvement No. 64 Local Improvement No. Local Improvement No. South Sixth Street from West Hancock to West Orleans Street - Birchwood Drive North from West Myrtle Street to West Linden Street 67 - Echo Lane from West Myrtle to West Linden Street 68 - West Linden Street from North Owen Dead End Street to 9. On motion of Councilman Carlberg, seconded by Councilman Wohl.ers the hearing for proposed Sealcoating and Resurfacing of various s•.treets during the year 1969 was set for March 11, 1969 at 7:30 P. M. West Wilkin Street North Everett Street North Fifth Street West Laurel Street West Stillwater Avenue West Stillwater Avenue North Everett Street West Moore Street Dundee Place Pairmeadows Road West Pine Street South Hemlock Street South Grove Street South Center Street West Oak Street RESURFACING from North First Street from West Myrtle Street from West Wilkin Street from North Third Street SEALCOATING from North Martha Street from North Fourth Street from West Laurel Street from William Street from C. S. A. H. #5 from C. S. A. H. #5 from South Grove Street from West Pine Street from West Pine Street from West Pine Street from South Sherburne Street to Nortth Owens Street to Westt Laurel Street to Weett Cherry Street to Nortth Fourth Street to Nortth Fourth Street to Nortth Second Street to West Wilkin Street to North Fourth Street to Mica -meadows Road to Dun.edee Place to South Seeley Street to Wes -at Olive Street to Wes:t Olive Street to Wesat Olive Street to Souath Grove Street 10. The City Administrator informed the Mayor and Council that hes had received the two appraisals for the Ramsden property in Grant Townshipm. (Copies of these appraisals were mailed to the Council on February 5, 1969). Re asked the Council if they still wish to sell the property and if sm. that they direct him to advertise for bids which he recommended could toe returnable April 15, 1969. After some discussion it was decided to wait and take up this matter sometime in April when the snow will be gone from this locatidon. 11. The City has received a notice of annual apportionment Municiiipal State Aid Street Fund. Total $70,764.00 Balance January 31, 1969 1969 Allotment Maintenance Constmmction $10,980.00 $59,7EN4.00 $44,074.98 70,674.00 $114,838.98 (continued nexxt page - page 105) • • • (February 11, 1969 - continued) 105 • Bond Payment 1969 Principal $20,000.00 Interest 6,115.00 $26,115.00 Available for street work 1969 $88,723.98 12. At a recent Council meeting it was decided to purchase• two dual action two speed - 6 or 7 HP snow blowers to be used to clean. sidewalks abutting City owned property, to remove snow around parking metsers in the off-street lots, the street foreman Mr. Hagen a:r3 the City Meehan_1c, Mr. Bern informed the Administrator that dealers are out of stock and, tlmerefore, are reluctant to recommend a blower until such time one is available for a demonstration. However, these gentlemen reported that a four speed - two stage - 6 HP Jacobson blower sells for $360.00. (No aaetion taken at this time.). 13. The City Administrator asked the Mayor and Council to goive some thought to the matter of appointing two members to the Board of Heealth. One of the members must be a M. D. and it has been the custom in the past that the Chief of Police be on this Board. He suggested thaet they give some thought of changing the method of compensation for the M. D. from a monthly salary to a fee basis for the simple reason that the M.. D. is seldom ca11m3 to perform duties in connection with the Board of Health. On motion of Councilman Melstrom, seconded by Councilmam:m Wohlers Police Chief Wallace Abrahamson was appointed to the Board of Irealth. (Councilman Wohlers was appointed to this Board at a preevious meeting). 14. The City Administrator informed the Mayor and Council that he had a letter from the Banister Engineering Company confirming and making a matter of record the action of the City Council at a special meeting January 21, 1969 in regard to study and report of the sewer system crest and feasi- bility of the separation of storm and sanitary sewers annd other related matters. Also a copy of a letter from Banister Engineering Co. too John P. Badalich, Minnesota Pollution Control Agency requesting extension of time of six months for the completion of the Engineering studies and' report in connection with sanitary and storm sewer separation. 15. A statement has been submitted by Lawrence Rumpf, 2009 T ake Street which reads as follows: "Snow plowing North Lake and Alder Street up this date January 24, 1969 $120.00 This bill includes 1968-69" The Administrator advised that he had checked this matterr with Mr. Hagen, the City's Street Foreman and he informs him that Mr. Rusmpf has never been hired to plow snow for the City and, therefore, is not entitled to compensation. 16. The City Administrator advised the Mayor and Council thattt a request was received from the Armory Board Recorder for the Annual apppropriation of $250.00 for the maintenance of the Stillwater National Gusard Armory for the year 1969. (see resolutions). 17. On motion of Councilman Lammers, seconded by Councilman c arlberg the Council set the number of years for payment for Local Impccovement No. 70 for three years and on Local Improvement Nos. 63-64-67-688 and Local No. 75 for street surfacing and sewer for 10 years. • 1.06 (February 11, 1969 - continued) r • 18. The City Administrator informed the Mayor and Council of the following cases which were brought before the Planning and Zoning Commission which met Tuesday, January 28, 1969 at 7:30 P. M. in the MuniceLapl Building: Case #2 - This is a reopening of Case #2, and is a requeest for a variance from Gerald Lupient. (Tabled until 2-25-69. More information desired as to elevation, street grade, etc.) Case #38 - Application for rezoning from Gardner Thomas (Denied. More information desired as to proposed use of property. Reggaest that Mr. Thomas appear before the Commission.) Case #39 - Application from Archie F. Butts for rezoning'. (Denied. More information desired as to proposed use of property. Regiment applicant appear before the Commission). Case #40 - Application from Archie F. Butts for rezoning'. (Denied. More information desired as to proposed use of property. Regquest applicant appear before the Commission.) Case #41 - Application from Edward Davidson for a variances. (Denied. More information desired as to exact location of buildine:g, etc. Request applicant to appear before Commission). Case #42 - Application from Hillard Zolldan for rezoning.. (Denied. Commission does not desire to rezone this small parcel oil land. It is felt that owner can still operate under non -conforming usse.) Case #43 - Application from Superior "400" Oil Co. for a Special Use Permit to operate a filling station. (Approved) 19. The City Administrator informed the Mayor and Council of a Legislative Briefing Conference to be held February 27, 1969 at the BHoliday Inn in St. Paul. (There was no indication of any of the Council attending this conference). 20. The City Administrator advised the Mayor and Council that: in order to keep them informed they will receive a monthly report known as a summary statement covering sanitary sewer and garbage and rubbishi collection. (See report in the files for January, 1969) 21. On motion of Councilman Lammers, seconded by Councilman Mde±Lstrom they approved the recommendation from the Fire Chief on the apppointment of Captain John Sherin, Volunteer Fireman to the position of Department Assistant Chief and including an increase in compensations of $5.00 per month effective February 1, 1969. (see resolutions). 22. On motion of Councilman Carlberg, seconded by Councilman £telstrom the City Engineer's request to send Francis Quick to a school . for training instrument men sponsored by the State for a period five wreaks was approved. 23. The City Administrator informed the Mayor and Council theft a Letter had been received from Moore, Costello & Hart attorneys for MocCree & Company regarding the $500.00 retainage on the Myrtle and Pine Staceet Improvement. Mr. Duane Elliott of Banister Engineering Company was direected to send a copy of this retainer to the City Attorney for study. 24. The following letter from John Lawson, Acting Building Insepector was read: "It is my understanding that as Acting Building Inspector,. it is not mandatory that I be an active member of the planning and Zuoning Commission to the extent of holding office and voting. Therefore, ass of February 11, 1969, I would like to tender my resignation as an active member and serve only in the capacity of an ex-officio member. • • • (February 11, 1969 - continued) 107 • • In view of the fact that my position makes it necessary fat me to be in close contact with numerous individuals who are interested in the various aspects of cases before they are finalized, it is becoming: extremely difficult to maintain an open mind and arrive at an unbiassed opinion" On motion of Councilman Carlberg, seconded by Councilman YMohlers in the future John Lawson will serve as an ex-officio member of the Planning and Zoning Commission and serve as a representative of thee City. 25. On January 14 and 15, 1969 the City Administrator conducted department head meetings with the following persons present: Wayne Loland Assistant to the City Administrator Harold Kimmel City Attorney Ron Ehlinger City Engineer Jack Shelton Superintendent of Sewage Works John Lawson Acting Building Inspector Dick Blekum Recreational Director Howard Hagen Street Foreman Wallace Abrahamson Police Chief Wilfred Cormier Fire Chief Miss Schnell Secretary The meetings were primarily devoted to the matter of improving public service and delegating responsibilities which were top heavy in some instances, as a result of these meetings the following adfinistrative changes and policies were adopted: (1) Mr. Hagen - street foreman is now in complete charge. of all snow plowing and regular street maintenance, and all telephone calls and inquiries in regard to snow plowing and maintenaitee are referred to Mr. Hagen at his office in the street garage. Te:.Lephone No. 439-5933 and at his home 439-6085. (2) Mr. Shelton is now in complete charge of the entire tower system of the City, interceptor sewer and treatment facilit:.ies. All telephone calls and inquiries about the sewer system :are referred to Mr. Shelton at his office in the sewage treatment pliant -phone no. 439-4123 and his residence - 435-4857. (3) Mr. Blekum is now in complete charge of all recreatioonal facilities within the City and all calls and inquiries in regarod to recreation are referred to this office phone - 439-5933, resideince - 439-5591. (4) A11 calls in regard to garbage pickup are referred te4 Mr. Jack Junker at his residence - 439-7773. In the past the City Engineer carried most of the responsibili*.ties concerning snow plowing - street maintenance - sewer system and treatment. Facilities - recreational facilities and as a result he found insufficient Mime to perform the duties normally expected of a City Engineer that is to carrry on a continuous street improvement program. We do expect to embark on a major planned street improvement program, so that eventually we will be able to redYtce our street maintenance cost by a substantial amount, and also reduce the number of complaints about our streets. To the best of his knowledge all department heads present at tl.hese meetings agreed that the foregoing change in administration should tend. to improve our over all City services, and he did report at this time that ca&.tLs from citizens registering complaints have been reduced to a minimum and hopeaa that these new policies will reduce the number of complaints that you gentlemen receive about City services. He also read a memo to the City Council regarding absence from work. 26. On motion of Councilman Melstrom, seconded by councilman wdohLers the request from the Chief of Police for an increase in pay for the SCtilLwater Police Reserve was increased from $2.25 per hour to $3.00 per hoax effective March 1, 1969. (see resolutions). • • • =108 (February 11, 1969 -- continued) UNFINISHED BUSINESS None NEW BUSINESS On motion of Councilman Melstrom, seconded by Councilman woh:lers the 1968 report from the Parks and Playgrounds Supervisor was approveod and ordered filed. On motion of Councilman Carlberg, seconded by Councilman WOhliers the Building Inspector's Report for January 1969 was approved and ordered filed. On motion of Councilman Carlberg, seconded by Councilman Melfstrom the Council concurred with the Planning and Zoning Commission and approvesd Case #43 - application from Superior "400" Oil Co. for a Special Use Permit to operate a filling station at 1101 North Owen Street. On motion of Councilman Wohlers, seconded by Councilman Carlbcerg the following Order of Business was approved for 1969: Call Meeting to Order Opening Prayer by the City Clerk Roll Call Applications Communications Delegations or Individuals Petitions City Administrator's Report Unfinished Business New Business Approval of Minutes Ordinances Resolutions Adjournment On motion of Councilman Melstrom, seconded by Councilman Wohleers introduced a resolution authorizing Workmen's Compensation for elected and appointed officials. (see resolutions) On motion of Councilman Melstrom, seconded by Councilman Lammers the following members were approved for appointment to the Volunteer Fire Deypartment for 1969: Vern Andrews Assistant Chief David Chial Captain Richard Colemier Captain Dale Krongard Captain John Sherin Captain Kenneth Andrews Driver Jeffrey Cormier Driver Charles Glaser Driver Paul Glaser Driver John McDonald Driver Bernard Peltier Driver Merrill Campeau Firefighter David Carlson Firefighter Louis Garavalia, Jr. Firefighter Michael Hamp Firefighter William Holst Firefighter Donald Junker Firefighter Charles Mix Firefighter James Senft Firefighter • • (February 11, 1969 - continued) 109 • • On motion of Councilman Melstrom, seconded by Councilman Lammers the following members were approved for appointment to the Stillwater: Police Reserve for 1969. Theodore M. Gillen Captain Edward A. Kaeder Lieutenant Thomas Montpetit Sergeant Kenneth Schreffler Sergeant Donald Aderman Robert Bosse Larry Christiansen D. Richard Evans Herbert Greene Robert Maynard Darrell Skogen Don Vahlsing Norman Webb The matter of salary increases for Jeanette Lowry and LaVonne S'imen were carried over to the February 18th meeting so that the Council could review the County, School District and League scales for these positions. On motion of Councilman Melstrom, seconded by Councilman Wohler-s the Clerk - Treasurer's Report for the month of January, 1969 was approved end ordered filed. The Police Chief asked that he be authorized to purchase contai_sers to take care of the dogs that they will have to shoot. Since there wasa no opposition he was directed to proceed with the purchase of suitable contaiisers for this purpose. Discussion was held regarding the drawing of a resolution opposing the Gross Earnings Tax for the Metro Area and the City Attorney was directed to draw such a resolution for presentation at the February 18th, 1969 meeting. ORDINANCES On motion of Councilman Melstrom, seconded by Councilman Wonlems the Clerk- nce Administrator AND STORAGEde the second lng of an OF II TYf.ALLYlPaARKED VEHICLES" . d AN ORDINANCE The ordinance was read section by section followed b!y 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 Carlberg, seconded by Councilman Wohleers the Clerk - Administrator an e NCE THE CITY OF STILLWATERePROVIDING ond nFOR g £THE CUSTODY CAND nDISPOxALAOF N O OFPROPERTY UNCLAIMED BY ITS OWNER." The ordinance was read section by section followed tty 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 rota call the ordinance was unanimously adopted. The second reading of an ordinance entitled "AN ORDINANCE AMEIIMIING ORDINANCE NO. 383" (Rezoning of the intersection of Owen and Myrtle Streets;), was dispensed with since it was decided that this area should not be rezoned. ("See Unfinished Business at the beginning of this meeting) • (February 11, 1969 - conti.unued) e On motion of Councilman Carlberg, seconded by Councilman Wohlers the Clerk made the first reading of an ordinance entitled "AN ORDINANCE REGULATING PARKING DURING SNOW EMERGENCIES IN THE CITY OF STILLWATER AND PAWNING PENALTIES FOR VIOLATION. On motion of Councilman Carlberg, seconded by Councilman Wohlers `the Clerk made the first reading of an ordinance entitled" AN ORDINANCE REGS:MATING THE USE AND OPERATION OF SNOWMOBILES IN THE CITY OF STILLWATER AND PRoOVIDING PENALITIES FOR VIOLATIONS THEREOF." The following resolutions were read and were on roll call unanimocsely adopted: 1. Authorize Workmen's Compensation for elected and appointed of3ficials. (Recommended by City's insurance carrier - Robert McGarry). 2. Ordering hearing on Improvements, Ordering Preparation of Plans and Specifications for Street Improvements for Street Improvement:a for 1969 (repass) 3. Ordering Hearing on Assessment Roll for Local Improvement Nos:; 63- 64-67-68-1967. 4. Appropriations for funds for the Armory Board. 5. Special Liquor License for Gozzi 6. Salary Increase for John Sherin 7. Salary Increases for the Stillwater Police Reserves 8. Ordering Hearing on Sealcoating and Resurfacing for 1969. 9. Directing the Payment of the Bills. ADJOURNMENT On motion of Councilman Carlberg, seconded by Councilman Wohlers thee meeting adjourned at 12:45 A. M. Mayor V • • 111 COUNCIL CHAMBERS Stillwater, Minnesota REGULAR MEETING The meeting was called to order by President Powell. February 18, 1969 7:30 P. M. The opening prayer was given by the Assistant to the City Admtmistrator, Wayne Loland. Present: Councilman Carlberg, Lammers, Melstrom, Wohlers and President Powell. Absent: None Also Present: Assistant to the City Administrator, Police Chtef, Fire Chief, City Attorney, Actin; Building Inspector, Sewage Treatment Plant Superintendent, Recteational Director Citizens: Mr. E. Mrs. Everett Lowry, Bruce Black, Calvin Brockman, Jean DeCurtins, Steven McCarten, several members of thee Planning and Zoning Commission and tout 35 other citizens. Aldfen Nelson and John Palkuski UNFINISHED BUSINESS This was the day and time set for a hearing on the Assessment :toll on Local Improvement No. 70-1968 - Sealcoating and Resurfacing. 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 of hearing was published in the Stillwater Evening Gazette, thee official news- paper of the City on January 30, 1969. The Mayor then opened the hearing. Alden Nelson 110 E. Marsh Street I feel you should withhold adoption of this assessment roll un-.til after the spring breakup. If this assessment roll goes through what pro-.tection do I have that I will not have a frost boil as I have had in the past. :I have had no protection in the past. I pay my $180.00 and in the spring I •will have a cold patch job and would have throvm away $180.00. Mayor: They have hot patching now. Mr. Nelson: It is a new street. The engineer was asked to looak at it and to my knowledge he never looked at it. Mayor Powell: The City must pay interest on this money and I uiiate to hold up an assessment roll. If something did happen again this year, we um:ntld ask the engineer to take care of it. what good will that do if the asssessment roll was held up. Councilman Lammers: I am sure that this gentleman's point is well taken. I think the City Administrator snould alert cne City Engineer to check this out. John Palkuski 709 Harriet Drive This sealcoating was to last five years and according to this iris is less than eight months. • • (February 16, 1969 - conntinued) r • • Mayor Powell: This work was done last year and the hearing is regaerding the billing on this project and not requesting permission to do thee improvement. The Mayor closed the hearing. On motion of Councilman Melstrom, seconded by Councilman Wohl•.ers a resolution was introduced adopting the Assessment Roll for Local Improvement No. 70 - Searlcoating ano Resurfacing. (Sees resolutions). UNFINISHED BUSINESS (out of order) This was the day and time set to open bids for a Tanker Truck for the Fire Department. The Clerk read the advertisement for bids aloud; Mayor Powell inggoired if the advertisement for bids was published, and the Clerk informed t_he Council that the advertisement for bids was published in the Stillwater Evvening Gazette, official newspaper of the City on January 31, 1969. On motion of Councilman Melstrom, seconded by Councilman Wohllers the Clerk was directed to open the one bid received for the Tanker Truck. Bid No. 1 Brookman Motor Lake Elmo, Minnesota Certified Check Total Bid (with trade-in) $12,4964.00 On motion of Councilman Carlberg, seconded by Councilman Wohllers that the one bid be rejected since this is too much money and6 readvertise for bids. Councilman Lammers: I would prefer to see the bids turned over to the Fire Chief and defer action on the bid. Councilman Wohlers: How come we got only the one bid, chief?2 Fire Chief: I don't know. Either the people are too busy or_ they are not interested in bidding this type of equipment. (The motion did not pass since Councilmen Lammers and Melstrcom and President Powell were opposed) Councilman Lammers: I would move that the bid of Brockman Mentors be turned over to the Fire Chief and the City Attorney for studyd and recommendation. Councilman Melstrom seconded the motion. (all in favor). UNFINISHED BUSINESS (out of order) John Condon, Planning and Zoning Commission The Planning Commission held a special meeting this evening to actt on the variance permit from Gerald Lupient to allow construction of two )manes with a 7.5 foot setback on North Broadway just North of Riverview Drives, North of Fred Kalinoff and South of Mahood's. The Commission has lookeod it over ano tonite we voted on it ano our recommendation is to deny this request. Councilman Carlberg: Could we have a little background as to you>ff decision? Mr. Condon: We re:.>mnended two years ago a ten foot setback. Thiis request is for 7.5 feet. We didn't feel this was justified. Many members: would have liked to have more information in the form of tnings tnat we coulod not see. Everybody went out and looked at the property and it slopes badly.. We have discussed this a lot and everything that probably coula be brought up has been discussed. • • • (February 18, 19699 - continued) 113 Councilman Carlberg: Woule the Planning Commission have ggone along with the variance on this it this would have been a ten foot setba:ek? Mr. Condon: I wouldn't want to speak for them. Councilman Lammers: Was this a special meeting of the Planning Commission? Mr. Condon: We had originally planned to let this go unt=il next week and since the Council was meeting tonite, we felt that we had all the information needed and I called a special meeting. We didn't think were goino to get any more information and we had all the information necessary. Councilman Lammers: Had we know that you would reach a deecision on the same night, I feel tnat we should have been aware of this meetiing. Mr. Condon: There was an opportunity to get the decision :lade and it has been did ghave all ging out. the information idn't give the people much notice but by' the same token we Mayor Powell: If you have a decision rendered by the Planing Commission and it is acted upon by the Council, then we would have to give a notice of a hearing. Is this not correct, Mr. City Attorney? City Attorney: On a variance you can waive the hearing, ifi it doesn't affect the property owners. I think in this case it is better to :request that a hearing be scheduled. I think that the proper procedure wonu.ld be set a date for a hearing. Robert Kelly Attorney for Central Lumber Co. I would ask that the City Council set a date for a hearing cap this matter. Councilman Carlberg: I think this is the only fair thing too do. Mayor Powell: I would suggest that we set the date of the h.iearing for March 18th. Councilman Melstrom: I would like to move that we hole this hearing on the 18th of March. Councilman Wohlers seconded the motion. (all in favor). Mr. John Todd Attorney for residents in the area. I assume the purpose of the hearing is to consider the varian.:ee. Mayor Powell: Lupient. Yes, this will be a hearing on the variance permit from Mr. Councilman Lammers. Will you submit a formal denial from the Planning Commission, Mr. Condon? Mayor Powell: Perhaps Mr. Carlson could supply the Council wit b this. Mr. Don Carlson: I am no longer secretary. Mayor Powell: Possibly the secretary could give us a copy of +the minutes on this. APPLICATIONS None • • 114 (February 18, 1969 - continued) COMMUNICATIONS From Mrs. Robert Johnston,1102 Sixth Avenue South requesting an adjusstment in sewer revenue charges for 1969. On motion of Councilman Melstrom, seconded by Councilman Wohlerm the sewer revenue charges for Mrs. Robert iohndnn was adjusted from $7.80 per quarter to $5.00 per quarter for 1969. DELEGATIONS OR INDIVIDUALS Bruce Black 1111 South Second Street Mr. Black read an article regarding the billing of duplexes and othe_!r portions of the ordinance in reference to Garbage and Refuse Pickup. He did :not feel that duplexes warranted being billed double for this service and else on where does it state that the billing was to be retro-active. He inquired whether the money collected by the Junkers from these duplexes, and multi-dwellirngs is being turned over to the City and also the amounts collected for the extra pickups that they make. He suggested this be turned over to the Planning Commission. Mayor Powell: I could suggest that if it is going to solve your protblems, that perhaps an informal meeting might be the best way, where Mr. Junker, the Council and the City could sit down and go over the contract and prices and deiscuss them. Perhaps we can explained to you some of the things in the contract that we must abide by. If something is done it would have to be controlled by the City and the contractor. Your presence there could help as you could explain your position. It would then depend on the good nature of the contractor if anythinge were to be done. He is acting within the contract as it is written - that is tire provisions of the contract. If there is any other charge, they would have to bee negotiated. Mr. Condon: I don't think this falls within the Planning Commission.. We deal only with the use of land. Mayor Powell: No, it would not be something for your Commission. Wes could discuss it at a meeting where we would have the contract and we could) go over this information, if the Council feels there would be some advantage to that. What we are trying to do is to do what is right for most of the peopl..e. Whenever you start up a new program there are always bugs in it. This is the .growing pains that we are going through with it now. I wouldn't say that we could .to anything. If the Council is willing to try, could we meet sometime next week. Councilman Lammers: Do you anticipate that this would be a night meeting? Mayor Powell: Yes, it could be a night meeting for one or two hours. We could talk about it and see what one is bound by. Councilman Carlberg: I would be in favor of such a meeting. Councilman Lammers: Mr. Black has raised some good points. There arse some questions in my own mind on some of these items. Mayor Powell: If you can show cause that there is some injustice, something can be worked out. Judd Orff 207 South Sixth Street Is the contract available so anyone can see it? Mayor Powell: Yes, at the City Administrator's office. Judd Orff: What about the rates for the multi -dwellings? Mayor Powell: He had setup a rate for multi -dwellings of three or more units, larger than duplexes was all setup but I think if we have a meeting thnis is the time to discuss it. We do not have the contract or the ordinance heree tonite. Everybody will know the reason that this was not billed the first times. Perhaps our bookkeeper coule tell us more about this, Mrs. Lowry. (February 18, 1969 — continued) Mrs. Jeanette Lowry: We did not know which house was a duplex, which one was full and which one was vacant and Junkers should know sinoce they were doing the pickup. Mayor Powell: A lot of the people did not tell us that theyy had a duplex, but the service was rendered. We can meet and discuss it ant we can have the contract. Mr. Black:Wil1 you please have that published? Mayor Powell: We can do that if the Council is willing to doo this. Councilman Carlberg: I make a motion that a meeting with thee City Council, Stillwater Sanitation and interested parties owning duplexes .and apartments be held on Tuesday, February 25, 1969 at 7:30 P. M. Councilman Lammers seconded the motion. (all in favor). PETITIONS None CITY ADMINISTRATOR'S REPORT 1. A bill requesting payment for snowplowing on North Lake Sctreet. and East Alder Street in the amount of $120.00 was presented to the Council for the second time. Mr. Rumpf: Do I have to wait three weeks for someone to _plowme out? How much taxes are you paying in the City of Stillwater? Mayor Powell: My bill for the last year was $501.00. Mr. Rumpf: Mine was $1,126.41. What do I have a gravel :street with no sewer or water. What am I getting out of it? Mayor Powell: When you talk about your street, if you putt in a petition, you will get the same consideration as anyone else. Mr. Rumpf: There are only two persons living on the streeet. I am the only one living on the street along with a retired couple and I would be paying for the whole block. Mayor Powell: You can file a claim if you feel there is atone inequity in your taxes. Mr. Rumpf: Everyone else is getting paid for donating their services to the City and I am getting tired of this. Mayor Powell: We can't pay a bill unless the work is authhorised. Mr. Rumpf: How am I going to get plowed out? Mayor Powell: Did you ever talk to Mr. Hagen about it? AU.i streets can't be plowed first. Mr. Rumpf: I would like to be paid for this work. Mayor Powell: We can't do anything more with this bill thaan we did the other night. You call Mr. Hagen ana he will give you the :tame kind or service as everyone else. Mr. Rumpf: If we have another snowstorm, I had better be splowed out before 7:30 A. M. as I leave for work then. 2. A reply memo from the City Attorney regarding a resolution opposing the Gross Earnings Tax for the Metro Area as follows: (February 18, 19693 - contint)ed) • • "I have requested a copy of proposed legislation but have nnot as yet received it and do not feel that we should prepare for publ!Lcation or release any resolution until we have had an opportunity to review the specific terms of any proposed legislation." 3. On motion of Councilman Melstrom, seconded by Councilman WobhLers the hearing date for the adoption of the assessment roll for Lo sal Improvement No. 75 - Sanitary Sewer and Water Main for Pine! Tree Trail was set for March 18, 1969 at 7:30 P. M. The time fo_,r payment would be ten years. (see resolutions). 4. A memo from J. R. Blekum, supervisor of Parks and Recreation, presenting the following requests to the City Council on behalf of the Stillwater Parks and Recreation Commission: (1) The Commission requests that the Mayor and Council givee serious consideration to including the cost ($70,000.00) of the; Stillwater Capital Recreation Improvement Program, which was presented by them to the Council last year, to any bonding program teat might be considered in the near future; and would like to re —present this program for the benefit of the new councilmen. Councilman Lammers: I would like to have this proposal re-iintroduced to the Council. Mr. Blekum: This is a two hour presentation by Mr. Gordon SCmLth. The two new councilmen, if they wish to, can meet with me and I will .give them this presentation. Mayor Powell: I think the Mayor and the two old councilmen seaould reacquaint themselves with this. I would suggest that we shoould do this some afternoon or evening. Mr. Blekum: Perhaps the general public would like to become acquainted with it. Mayor Powell: Would an April presentation be satisfactory tm you. We have a rather full schedule of meetings for March. Mr. Blekum: Yes, that would be fine. Mayor Powell: Why don't you see if you can have an April preesentation at the first meeting when we will have the most time available. (2) The Commission requests that the City Council authorise the install- ation of a hydrant at the S. B. corner of the intersectiion of Wilkins and Martha Streets. (N.W. corner of Staples Field) to greatly facilitate the flooding and maintenance of the Staples Fl_eld and Aspen Street skating rinks. Since we have a one-man depertment in the winter, we have to provide one-man operation. Councilman Lammers: I am wondering if you could have the eng.:Lneer quote a base price or cost reconnnendation for us to consider and the Fire Chief could also make a recommendation on this. (3) The Commission requests that the City Council institute aan investigation to determine how much, if any, Federal Aid might be availlable to the City towards financing needed improvements to our capitall improvement program, and what strings might be attached to such aid. Councilman Lammers: Why not have the Valley Hockey Associatiorn take this over? Mr. Blekum: The business manager of the Hockey Association wee at this meeting and requested tnat the city investiage the problem. Councilman Wohlers: The City would be the one to get the Aid.. • (February 18, 1969 - continua&d) 117 • Councilman Lammers: This could be a big project. Mr. Blekum: Just what the stipulations are, we do not know. Funds are available but what the qualificiations are I do not know. Mayor Powell: When areas. Whether getting land nthey ns fordapark r�andn, they are recreation talking about open woulc be one ano the same, I do not know. Mr. Blekum: Grants have been given for other than that. Councilman Wohlers: Since they want to make a park and reeereation out ot the St. Croix Valley that we snould get reimbursed for some& ot it. City Attorney: I will be happy to make inquiry about legislation on this. Mayor Powell: We have a large book on federal grants. Councilman Carlberg: I make a motion that we refer this %situation to the City Attorney and find the facts on this for us. Councilman Wohlers seconded the motion. (all in favor). (4) The Commission requests that the City Council begin negotiations immediately with St. Joseph Township and/or St. Croix% County regarding the leasing to either of the above, the property owned by the City of Stillwater and located in St. Croix County. Wiscormein (including the Legion Beach facility) to be used for recreation purposes and that the City of Stillwater, effective immediately. ddiscontinue operation of the Legion Beach. Councilman Carlberg: What are your reasons for this? Mr. Blekum: When it was constructed for a period years tl.lis served the primary purpose of this valley - there wasn't anything else. It was acquired at no cost to the City and it was turned over to. the City for operation. It has less use by the local people each year, as other beaches have become available. The current usage is 5 to 10 perccent from the Stillwater area, 30 to 40 percent from St. Joe Township and the balance is from the Metro area. Councilman Carlberg: Has St. Joe Township shown any inteerest? Mr. Blekum: They think they own it. They have several orrdiances regarding it. Five of our local policemen have been deputized to act over there even though it is out ot State. Councilman Carlberg: I personally think that we could coons up with some type of agreement. Possibly the parks people can get toggether with the people in St. Joe Township and make up a proposal to see .what can be done. Mr. Blekum: We could negotiate with them and lease it t.:o. them and we would still own the property. Councilman Carlberg: The Parks and Recreation could do t%che inquiry on this and bring your proposal and bring the people over here and bring your proposal and we will have a better idea what we are consaidering. Mayor Powell: Are they really interested in something Like that? Mr. Blekum: They want that privilege. They use it. Theyy would like to tell us now to operate it. Mayor Powell: I am sure they will maintain it. Mr. Blekum: They have screwed us up on the property on the North side of the bridge. They have something in their ordinance about the use or this property. City Attorney: They just can't do that. We are propertty owners over there. They are taking property rights without due proocess of law. They can't tell us to open it to the public free of charge. (February 18, 1969 - Continued) • • Councilman Lammers: the beach. Mayor Powell: As long at it has been presented this could be again be brought up in April. Maybe Mr. Kimmel might also do a little research on that and see what can be done and what can't be done. Councilmam Wohlers: Who do we have to see in St. Joe Township? Mr. Blekum: Leslie Waldroff, chairman of the Town Board. At. the first meeting in January the Council acted on a new state law passel by Wisconsin making a uniform type of marker buoy type deal in c•:nnnection with their Board of Water Safety Act. It requires various shore line uses to be designed by a certain type of buoys for a marked coat swimming area. To be properly marked out it has to be a specific type: and color. We would have to get at least ten of them at a cost of 35 to •45 dollars each. They have a State Aid program cost sharing and he left: the information and applications. I duly filled out the forms in triplicate and sent them in and they have all been returned stating that this application must be made by a local Wisconsin governmental unit. Mayor Powell: I think we should have a special meeting in Aporil to consider these items. Councilman Wohlers; Do you think that we should have St. Joem Township there? Mayor Powell: I think at the first meeting we should see wheeze we stand and tnen invite them to another meeting. t the l act an e (5) The prohibbitingithe rearing ofon requests awaterfowl y (duckslandngeese) oondcLilyLake by private parties because of the contingent chigger prr bLem brought about by the presence of such waterfowl. After some discussion the City Attorney was directed to checet out the current ordinances on the books and if there is not one pert:mining to this matter that such an ordinance be drawn. 5. A service maintenance contract covering all of the mechaniceel equipment was presented to the Council for their consideration. On motion of Councilman Carlberg seconded by Councilman Lammers this contract was referred to the City Engineer and the City Attorney for study and recommendation. 6. The Council was informed that the Financial Statements for for8ttte Bon d of Water Commissioners for the year ended December 31, file in the Administrator's office and may be inspected at *their convenience. Mr. Blekum: They are getting revenue off of that road ano conetsibuting nothing to the maintenance of it. Councilman Lammers: How much does it cost the City to gaerate ?this beach? Mr. Blekum: The budget allows about $4,500.00 moat caretaker and the lifeguards. We are anticipating a major flood and we do not know what this will do Councilman Lammers: How much did the new building Mr. Blekum: The cost was $8,942.00. I wouldn't be in favor of giving them control of of which is; for the the possibi_Lity of to the new 'building. Cost? (The Mayor declared a recess from 9:05 to 9:ls P. M.) • (February 18, 1969- contfinued) 119 UNFINISHED BUSINESS On motion of Councilman Melstrom, seconded by Councilman Camlberg the salary of Jeanette Lowry was increased to $390.00 per month, and tffie salary of LaVonne Simon was increased to $425.00 per month effective from and after March 1, 1969. (see resolutions). On motion of Councilman Lammers, seconded by Councilman Car:•Lberg the Mayor's recommendation of Sidney Wihren to serve on the Planning an.W Zoning Commission to replace William Hawkinson was accepted. Mayor Powell asked that the Councilman Carlberg and the Fire Chief check out the possibility of using some small portable humidifers in the fire station rather than expending a lot of money putting such humidifiers into the heating system. Is this agreeable to the Council? There was no opoposition. Mayor Powell asked the Council to check out the location off a new street light at the Earl Bruce residence on North Third Street and the Merry Huelsman residence on West Myrtle Street which would be additional setreet lights for the City. NEW BUSINESS On motion of Councilman Carlberg, seconded by Councilman Wmhlers that the date of the hearing on the proposed construction of a dike be set for March 18, 1969 at 7:30 P. M. and notices be mailed to all property owners from Second Street East and roughly from the old Prison Site and South to Albe=etsons. (See resolutions). DELEGATIONS OR INDIVIDUALS (out of order) Mr. Loland read the following letter from Mr. Jack Shelton,., superintendent of Stillwater's Sewage Treatment Facility. "As previously stated in a letter to Mr. Lester Brower, City Administrator, I kept a record of the time spent running the tests t1Aat L could with our present equipment at the Treatment Plant for a period three (3) weeks during January, 1969. This averaged nearly 14 hours per week and I am sure :that when I have the proper equipment and the necessary training ,to perforrm all tne tests required by the P. C. A. it will approach 20 hours if! not more per week to complete all tests. Since Bayport is classed as a Class B plant also it s•:eems that a week would be or should be fully spent in just testing. The testis that must be run for a Class C. plant or one like Oak Park Heights are rune on a monthly basis so this should require approximately 6 to 8 hours per: month for testing, plus 4 hours for compiling and making the reports. I shall enclose the Frequency of Tests as supplied byy the State of Minnesota and I have checked off the tests that I ram during the three week period of January. Also enclosed is a letter from Serco Laboratories on the cost of equipment to run the Coliform, Kjeledaehl Nitrogen, and Total Phosphate tests. As stated in their letter I cot Boron must be trained to perform tne above tests for a cost of someewhere near $400.00. As we now run our B.O.D. Tests on a Hack Manometer it£ wall also be necessary for us to purchase two more manometers as the Class H plants are run twice a week or continuously and it would not be possible t=o run the B.O.D. for Oak Park Heights unless we purchase the two manometers at a price of $200.00 plus or minus each. It seems that tneEquipment costs will be as follows: As explained in Serco Laboratories Letter: Hach Manometers $1,119.00 400.00 $1,519.00 Training by Serco 400.00 Total Cost to get started $1,919.00 (February 18, 1969 - contintsed) r • s It is not really possible for me to give the exact hours as of this time for as I have stated I have not run all the tests required, althougPh. Mr. Will Leibenow of Banister Engineering stated that he thought that tthe running of tne tests for Stillwater and Bayport would be a full time job. This also poses a problem for I believe that I must give some superarision to the cleaning of the collectors and the incidentals of purchase oorders and etc., that are a part of the Sanitation Department. I hope thins is enough information for you and Mayor Powell when you meet with the representatives of Bayport and Oak Park Heights. " Councilman Lammers: Possibly there is nothing we can offer Oak Paak Heights at this time. Jack Shelton: There are certain ones that they can run themselves.. Councilman Lammers: We can't avoid this. Jack Shelton: Most of the letters we receive are directives. I thaw think that they are mandatory enough. Mayor Powell: The first month we could keep an accurate record of! th= time. Jack Shelton: I could keep an accurate account if there is just wing to be these few tests. Mayor Powell: If you kept track of your time and tne superintendeemt is aware of the time you are there and we try this for a period of onne month then we can see if we can do it for "x" number of dollars and it its agreeable to them, we can do it. Mayor Johnson: I think that is agreeable. Jack Shelton: We could know within a month what the price will be I don't want to say now what this is going to be. Ken Heuer: Is one month a fair test? Mayor Powell: I don't know. Ken Heuflr: Do you think one month is enough? Superintendent of Oak Park Heights plant: I can bring up one samPPLe and we can run it. Jack Shelton: I don't know how long it is going to take on this.. A month would be plenty sufficient to see what amount of time is spasm on Oak Park Heights' plant which is a nominal amount. Mayor Powell: If that is agreeable to you, Council, let us set cup a trial basis for one month. Ken Heuer: Will this need additional equipment? Jack Shelton: It will depend upon if Bayport is going in on thins it not. If we must run our twice a week it is impossible for us to do it.. We would probably only need a $200.00 piece of equipment. Mayor Powell: Let us buy one if you will need one and then let •them buy one. Councilman Wohlers: I move that we enter into an agreement with Oak Park Heights to do the tests requested on a thrity (30) day basis to :wee what the cost will be. • (February 18, 1969 - continued) 121 • UNFINISHED BUSINESS (out of order) Mr. Duane Elliott of Banister Engineering explained to the delegation from Oak Park Heights and Stillwater Township the proposed sewer construction in South Greeley Street. Mr. Bonestroo, consulting engineer for Oak Park Heights, statfted that the proposed location of the lift station would be approximately in the same location as the one proposed by Oak Park Heights to take care of this area. He stated that there is a 12 inch sewer in County Road 66 to the NSP building. There could be: a saving of about $25,000 if this lift stations was so located to serve both of the areas. Mayor Powell stated tnat the City must proceed with this installation because of proposed street improvement in South Greeley. Councilman Carlberg: You don't have your lift station put ins as yet? Mr. Bonestroo: We stopped the sewer at NSP and the United Fab.ericator Building as there were things unresolved at that point. Councilman Carlberg: I think the proposal brought up to us was basically that were we to do the streefhat if the capacity of our sewer lin..e should be large enough to cover our own sewer line or to make it large enough to include their area. I think the difference in cost in the size of the pipe would be $6.000.00 difference at this time and about $5,000 on the lift station. Mr. Bonestroo: There is an agreement between these people thee the two communities (Oak Park Heights and Stillwater Township) will convey their wastes down Trunk Highway 36. The lift station would be of a size to take care of this area. Councilman Lammers: We now have two separate sewer systems heere. In the future we should consult with each other on such matters. Mayor Powell: If we consult with you and it is decided that ti:his is the economical way to do it because of the gravity flow then we shunuld avail Oak Park Heights and Stillwater Township of this opportunity. Councilman Lammers: I am wondering if there is a line that cacao be drawn showing antural drainage one way or another. Mayor Powell: I think we are putting Oak Park Heights and StiIllwater Township in somewhat of a bind. We expect them to come up with an answeer. We should give them this information and let them meet to go over this knowing that we have to go ahead with that we have. We would like to proceed waith ours and we would like it known that there is an opportunity to save some oney. Councilman Carlberg: I personally would like to see which system would be more economical. Mayor Powell: If Mr meet to go over this time maybe some good Mr. Bonestroo: I am to take advantage of worked out. where we believe. . Bonestroo's company and Mr. Banister's company could and if this could be done witnin a reasonaeble aeount of might come of it. sure if there is a monetary saving here, wus would like it. I am sure that this is something that: could be had selected would do the job for both communities. I Mayor Powell: Mr. Elliott can notify us when you have met and •ve can continue from there. ORDINANCES None • .e 122 (February 18, 1969 - continued) RESOLUTIONS The following resolutions were read and were on roll call unanimousIty adopted: 1. Adoption of the Assessment Roll for Local Improvement #70 - Seaelcoating and Resurfacing for 1968. 2. Directing the Payment of tae Sills. 3. Salary Increases for Jeanette Lowry and LaVonne Simon Order hearing on Local Improvement - Dike 5. Order hearing on Assessment Roll for Pine Tree Trail - Local Improvement No. 75 6. Authorization to purchase sand bags. 7. Hearing date for Local Improvements No. 78, 79, 80, 82, 84. (r„epass) ADJOURNMENT On motion of Councilman Carlberg, seconded by Councilman Melstrom tttie meeting adjourned at 10:20 P. M. Attest: Q.c ' / FZJ Deputy Ci y Jerk Mayor 123 • • Council Chambers Stillwater, Minnesota SPECIAL MEETING February 25, 1969 7:30 P. M. The meeting was called to order by President Powell. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and Presiaent Powell. Absent: None Also Present: Assistant to the City Administrator, Wayne Lolarnd City Attorney, Harold Kimmel Fire Chief, Wilfred Cormier DISCUSSION ON THE BID FOR THE TANKER TRUCK The Mayor asked Mr. Cormier why no more than one bid was received. Chief Cormier stated that either most people could not bid it rind the ones that could just weren't interested. He said that in his opinion and the City Attorney's the specifications were met and that the City sehould purchase the truck. The cost in excess of $8,500.00 was due partly to mot being able to transfer the tank from the old chassis to a new one. The oldr tank on the tanker is shot. The breakdown is $6,638.82 for the chassis, $44,045.42 for equipment and $1,810.72 for the tank for the rig. The total isa $12,494.00. The Mayor stated that without the tanker we don't have much to offer the two and one-half townships that pay over $12,000.00 a year for fires protection. Chief Cormier stated that the old truck is underpowered and doees not have the necessary equipment to even be officially classed as a tanker dEue to the terrain. It is a 1958 International purchased in 1964. It is also needed by the City for use in Dutchtown and the other areas as it would saometines be the only water supply if hydrants froze or weren't available to uses. On motion of Councilman Melstrom, seconded by Councilman Wohlerse that the opinion of the Fire Chief and the City Attorney be followed andE that we purchase the tanker truck at the price of $12,494.00 from Brookman Motor_ Sales, Inc., Lake Elmo, Minnesota. (Councilman Carlberg was opposed) (seee resolutions) EQUIPMENT FOR THE TESTINGS AT THE SEWAGE TREATMENT PLANT A request from the Deputy City Clerk for Council action to authsorize the purchase of a Hoch Monometer and Submersible Pump Lj the Sanitaation Department. On motion of Councilman Wohlers, seconded by Councilman Laemmers the Council authorized the purchase of the Submersible Pump anus the Hoch Manometer for the Sanitation Department. Wayne Loland, Assistant to the City Administrator, was directed to find out the costs of testing from various companies to determine f it is cheaper for the City to do their own or have it dbone by one of these firms. LEGION BEACH FACILITIES The Mayor suggested that Mr. Kimmel, City Attorney and Mr. LolaLrld, Assistant to the City Administrator meet wz't, the of5icials of St. Joseph, Township. Wisconsin to discuss some way of their taking over the responsilbility of the Legion Beach area, perhaps their leasing it for $1.00 a year from the City. On motion of Councilman Lammers, Seconded by Councilman Ca;rlberg, Mr. Kimmel and Mr. Loland were directed to meet with St. Jooseph Township to discuss the matter of the Legion Beach area. • (February 25, 1969 - conntinued) r • • RITZER PROPERTY Mr. John Junker appeared before the Council requesting permission to purchase the garage at the Ritzer property and about four or five acres that front on the road in front of the garage. He would be agreeaeble to any type of easement to allow the City to haul gravel from the rear of the property. On notion of Councilman Wohlers, seconded by Councilman Lammers the Assistant to the City Administrator was directed to have two appraisers appraise the land so the Council could advertise (Mor bids. The names of the appraisers are to be Edward Davidson and Dick Olsen. (This portion of the meeting closed at 8:10 P. M.) RECONVENED AT 9:40 P. M. On motion of Councilman Wohlers, seconded by Councilman Melstrom tithe Council set the date of April 8, 1969 at 7:30 for a hearing for tl-te rezoning of West Laurel and North Owen Streets for Garnder J. Thomas from IIRE) Two family to (CA) Commercial. RESOLUTIONS The following resolution was read and was on roll call unanimouslyy adopted. 1. Award the bid for the Tanker Truck. (Councilman Carlberg opposed) On motion of Councilman Carlberg, seconded by Councilman Lammers tuhe meeting adjourned at 9:50 P. M. Mayor Attest: v‘44.4-lei Deputy CityAlerk • 125'•e COUNCIL CHAMBERS Stillwater, Minnesota March 11, 1969 7:30 P. M. REGULAR MEETING The meeting was called to order by Vice President Melstrom. The opening prayer was given by the Assistant to the City Administrator, Wayne Loland. Present: Councilmen Carlberg, Lammers, Wohlers and Vice President Melstrom Absent: President Powell Also Present: Assistant to the City Administrator Loland, Cityy Attorney, Kimmel; City Engineer, Ehlinger; Fire Chief Cormier; Acting Building Inspector. Lawson; Sewage Plant Superintendent, Shelton; ..Recreational Director, Blekum. Citizens: About 50. John Condon, Planning Commission Robert Thompson, Chamber of Commerce Glen Van Wormer, Highway Department Press: Vince Hamann, Stillwater Gazette UNFINISHED BUSINESS (out of order) This was the day and time set for a hearing on proposed imp rovemment of Seal - coating and Resurfacing for 1968 - Local Improvement No. 83. The Clerk read the notice for hearing aloud; The Vice-Presidennt inquired if the notice for hearing was published, and the Clerk informed that& Council that the notice for hearing was published in the Stillwater Evening oGasette, official newspaper of the City, on February 26, 1969. The Vice President then opened the hearing. Carl Johnson 406 West Wilkin Street I have a petition here signed by forty (40) property owners in *that area protesting the proposed improvement on West Wilkin Street. (The Assistant to the City Administrator read said p=Jtitionm at this time). Councilman Lammers: Can the City Engineer give us a brief descrription of the condition of the street and the cost of this street work? Ron: The last time any work was done on this street was in 195!S-56 which was sealcoating only. The street surface is dried out. It is in rsather good condition and we would like to keep it that way and by putting sa mat on it the cost would be about $1.95 per foot. With maintenance or sealcoaating as suggested. then maybe in three or four years we will have to reconstruct Me street which would cost more. Councilman Carlberg: What would be the estimated cost for reconstruction? Ron: In the neighborhood of nine to ten dollars. Councilman Carlberg: This is what is going to be accomplished bay resurfacing. Maybe we can have a few of your opinions about resurfacing and E;aving this street. • 126 (March 11, 1969 - continued) r'^ • Wilbert Monson 105 East Wilkin Street My position is this street is not in too bad a shape now. Renewer, you can't run a person out of town if he can't pay these assessments. You state if we don't do this at this time, it will coca over favte times this amount. In a few more years with a sealcoating it would .be good. As far as my side is concerned it is pretty good except for utters the gas company has dug up the street. I think you can put a sea:sLcoating on there and it would do the job. It is a highway and it is .getting worse all the time. We can't afford this thing. Jim Keller 620 West Rice Street I have a petition here signed by a few people on Everett Stre.:et opossing the resurfacing but would like sealcoating. (The Assistant to the City Administrator read the petiti..on on Everett Street at this time). Councilman Lammers: Can Ron again give us a brief description of the condition of Everett Street and the cost of resurfacing same?' Ron: Everett Street basically the oil is gone from the initi:_al surface. The street is in comparatively good condition and we would li:_ke to keep it that way. This is primarily a maintenance type construction. It presents the street from breaking up. This would be the same •eost as Wilkin Street. Councilman Lammers: Could we have your comments regarding sea::looating of this street as opposed to resurfacing? Ron: Sealcoating would be wasting the taxpayers money as it will not bring this street back to life. Councilman Lammers: Does it have to be paid for in a lump suss? Ron: No, it is spread over three or five years. Councilman Lammers: Is Wilkin Street a State Aid Street? Ron: No. Herbert Roettger 318 West Wilkin I would like to ask about the condition of other streets in t_swn. Ron: Basically Wilkin Street and Everett Street have curbing) and the crown of the street is feasible for resurfacing. When we get: into our street program. we will put curbing on the streets that do nowt have it now and then mat them at the same time. we have been working at the South end of town for the last eight years, with sealcoating and resurfacing. We have some streets on the North end of town that need sealcoating teed matting. Herbert Roettger: What about Laurel Street from Second to ThmLrd? Rons That one block won't hold a matting and it has to be re:mbuilt completely. We are matting that portion that can be salvaged from Third to Fourth. This is a State Aid Street. Herbert Roettger: We have a great deal of storm water drainage coming down North Martha Street right by our house and it tears the street right at the curbing and the terrific flow because of no storm sewers Nort::h of it to handle it. Miss Rosengren gets water at her front door during the rainy season. I feel something should be done about this situations, Ron: The City Council has authorized the complete survey of 'the City for storm sewers. • (March 11, 1969 - contiimued) 127 • Herbert Roettger: You have put a lot of black topping along thte curbing there. Ron: ft is possible that Martha Street will be considered next year. Herbert Roettger: I suggest that this action be taken on this( problem before any resurfacing is done. This would be a waste of tax payer's( money also. Councilman Lammers: I would like to ask Mr. Elliott, how manly years in the future would this area be affected in the separation of the severs? Duane Elliott: Some piece -meal solution can be made in certain conditions. There are quite a few ifs in this situation. You can't wait :in some areas. An old mat is subject to erosion and might well help in a lot of these situations. Councilman Wohlers: When are we going to be compelled to sepaarate the sewers? Mr. Elliott: You were given about seven years for this separaation. Vice President Melstrom: I think there are a lot of people heere who do not know what we are talking about. Mr. Elliott is a representatilve from our consulting engineers. Councilman Wohlers: In the future all your sewers in Stillwater are going to have to be separated. How far in the future that is what we eo not know at this time. Herbert Roettger: Wilkin Street has sufficient catch basins and sewers to take the water from Wilkin Street but it just can't handle a1111 the water from the Streets North of it. Ron: Basically at the:present time you have storm water flowiling as far as from Carnelian Street and Moore Street. It flows South and East, it goes down Stillwater Avenue, down Martha to Wilkin. If and when wee get around to St. Croix Avenue and North William Streets, which will not be too far in the future, storm sewers will be constructed which will take care of this but I do not know at this time when that will be. Councilman Mohler.: I just can't see matting a street and then have to tear it up to put in a piece of sewer in and tear the whole street up. Ron: We do not know if the street has to be torn up. I do not feel that you will be saving the taxpayers any money by just sealcoating thiis street other tan the initial cost. Herb Roettger: We would like to restate that we feel that thile drainage problem should be taken care of before the street work is done. Councilman Wohlers: This continual patching of the streets is also wasting money. On My_tls we have a good street with no more patching and no more nothing. I feel if it was sealcoated for the time being to seer just what exactly we are going to do here. We have to keep these streetts up. Herbert Roettger: I would consider Wilkin Street one of the thetter streets in town. There are a lot of streets and main thoroughfares in worse condition. James Doroff 924 North Fifth Street How much of a mat are they going to put on this street? Ron: It will be 11 inches. James Doroff: If you had an 11/2 where Mr. Roettger is, it wound cone up on the curb. Ron: We would have to slope it somewhat. • (March 11, 1969 - continued) • • James Doroff: I feel that Fifth Street is in real good shape and you will have to agree with me that if you look at Fourth Street and some off these other streets they are in much worse condition. 2 can find only once place on Fifth Street that is breaking up and that is where a certain paerty parka his car all the time. That is the only bad spot. Ron: If you look at the street you can see aggregate and it ?s posesible that Fourth will be done next year. Nr. Richard Mundinger 120 West Wilkin Street Where does Owen Street fit into the program or is this out of your juris- diction? This is about the worse street in town. Ron: That is scheduled to be done by the County next year. Mr. Mundinger: Could it be moved up? Ron: No, I have tried. Mr. Mundinger: I don't feel that Wilkin Street should be done nearly as bad as some other streets in town. Councilman Lammers: I think that it is generally known that Stillwsater has a very serious street problem. I don't know which of the bad streets are involved in State and County aid. This is my first hearing on _streets. I think part of the idea behind the particular streets that are propposed, it is given that they are not in real bad condition. The purpose :is to salvage these streets. Right now we are looking at $1.95 per front. foot charge and if we do not do these streets, we would be faced with nixie or ten dollars per front foot. Councilman Wohlers: Will sealcoating holofuntil we go into these majoox jobs? Ron: No, it would not. Councilman Wohlers: When will we do this major job? Ron: Wilkin specifically you nay not have to do. It maybe five or mix years. before you do anything with it. As previously pointed out it is not* feasible at this time to go down Stillwater Avenue with the storm sewer and tlthen go into the ravine at Fourth and Wilkin which already has the pipes unetex the street. The ground conditions and slopes are there. James Sievert 618 West Myrtle Street I think you have a couple of problems here. I would like to make some suggestions here in regard to Everett Street and your street programme. My suggestion would be a fixed street program and we all pay the seme in the long run. Then at a meeting like this you would have all the people clamoring to have their streets done rather than opposing them. (At this point in the meeting Mr. Loland read a letter from Harold Leverty, 408 South Center Street and Dolores Pensky opposing portions of Local Improvement No. 83) Councilman Carlberg: I agree with what the other councilmen have saeid. I think that our City Engineer has come through with quite a bit of work on these streets and trying to decide what has to be done at the most treasonable cost. Nobody wants to pay out any more money than we actually have to. If we keep waiting to do the maintenance work on the streets that are Half way decent, they will all be in the same condition. I personally think that it is a reasonable request or idea. I think it is going to save everyboody in the long run rather than to wait two or three years. Vice President Meletrom: I think it maybe misunderstood by sore of the people here that the engineer is going ahead with the doing of these projec:ts. The engineer will do this per our instructions. I didn't want this misuunderatood. • e • (March 11, 1969 - continued) Wilbert Monson: How many people here will try to live on $152...90 per month? I think the Council should start to listen to the people up andl down the street a little. If you are going to shove something down the :people they don't want. I will get mad. Maybe we have to get a court injunction to stop it - I don't know. George Rutz 705 South Holcombe Street I heard some comments here about sanitary sewers and storm seweers. Most of you here do not know that most of the sewage goes directly intoo the river - like about 90 percent - and it does not go into the sewage plaint. You are now in the process of secondary treatment and they don't give treatment plants away. They have been lying to us. I think if you are going too put in storm sewers, it should be right now. Councilman Wohlers: Jack, he made a statment here that I don't_ agree with. don't see 90 percent of the sewer going into the river. George Rota: When you have a storm you have it all going directly into the river. That is no lie. 129 Jack Shelton: The gates to the outfall sewers are not closed at: any time of the year. This is the way it. was constructed. This was accepted by^ them. If you think that we do not take anything through the sewage plant, yowl: can come down and you can look at it. Vice President Melstrom: I think we are getting away from the :Local Improvement No. 83. Mrs. Sadie Menge 1101 North Second Street How are the people on Social Security going to take care of all. of this? The little sum is hardly enough to live off of without anything els.•s. Herbert Roettger: When you put the mat on and the water washes *the sidewalks away, it is not going to save any money. Carl Johnson: Getting back to the people on Old Age Pension, wi+.thin the few block area 8 or 9 of them are included in the improvement on WiLpcin Street. It could create a little bit of a hardship. What determines the need for this street work? Ron: A physical survey is made of the street. The surface of this street the aggregate is showing and to correct it, it should be matted. Carl Johnson: Personally, I don't mind the aggregate showing. 1: think it is safer. I think this is one way we can help to prevent accident::s with this roughness. Ron: This is true. When the aggregate of a surface shows thronsgh as on this street, it means that the surface has lost all its oil and will. break up. Carl Johnson: Would it do much good to put on a light surfacing or sealcoating? Ron: It does seal the surface. Carl Johnson: I would rather drive on a rough aggregate street: than a smooth highway. George Rutz: They are getting taxed for streets. How about pro —rating some of this for these poor people? Leroy Christenson 1423 West Olive Street: What is the sealcoating going to cost? Ron: The sealcoating is approximately 430 per foot. Mr. Christenson: Hemlock was just put in. Ron: That was in 1961 and 1962. Mr. Christenson: i don't think it needs it. • (March 11, 1969 - continueaf) • (- • Ron: To maintain a street properly it should be sealcoated every thnree to five years. Richard Tuenge 228 North Everett Street: I just heard proper sealcoating should bee done every three to five years. When was Everett Street sealcoated?' Ron: Part of it was done in 1957. Mr. Tuenge: It was resurfaced in 1952 and was never sealcoated in over area. Ron: Mulberry to Myrtle was never sealcoated. We are trying to keeps the street maintained that we do have and if you will cheek the list of seal - coating streets, eight of these streets have been built within the Llast 5 or 6 years, some of them four and we will sealcoat them this year to preserve them. Vice President Melstrom: In the last couple of years it has been thee policy that we try to set up a major street program and we are going to try to build up streets and keep them in shape after we get them bufltt up. This has been neglected in the past. Citizen: How are these programs financed? Vice President Melstrom: We will have to turn this over to the Engiineer. Ron: We have at the present time 9.7 miles of gravel streets in thee City. This involves many maintenance problems which are eating up your taxi dollars. It has been the decision of the Council that we endeavor t=o up- grade these streets so many each year as money and personnel will pexrmit. During the process of upgrading these streets we are trying to preseerve the streets that we do have that are in satisfactory condition so that they do not have to be rebuilt by seaicoating, or resurface as the case may be. This is not something that is arbitrary. The City only has' so much money to pay the 25 percent cost. These are streets that we feet that if we don't get them now we will have to resurface or rebuild or something else. I would like to see this come to pass that the streests that do not have curb and gutter that they could get curb and gutter: on these streets and a mat so that we could upgrade all of the streets.. John Herschleb: Does the 25% the City pay cover the cost of sealcoaeting and resurfacing? Ron: 25% of sealcoating, 29% of resurfacing and 25% of reconstructiian. John Herschleb: Ron: As of the sewers the City Fund. up to now they have paid the cost of storm sewers? last five projects that we have done that involved storm has picked up this cost from the Permanent Improvement Nr. Herschleb: How many mills were levied for the Permanent Improvement Fund? Is this five mills? Ron: I do not know. Mr. Herschleb: Doesn't anyone know. (There was no member of the Council able to answer this question). Mt. Rutz: Give me your name and address and I will send you a copy err this information. Delmar Pauley 924 Fifth Avenue South: City streets that are gravel, who pays for: the grader running up and down these streets? Ron: Everybody in the City and also 25% of the improved street cost.. ai e • Councilman Lammers: The big problem in my mind is the separating .e.E the sewers. I am wondering if we night not be making a mistake by res.,arEacing these streets at this time. Ron: This resurfacing and sealcoating is only a recommendation. rt is based on a physical survey of the condition of the streets and thee money available. The Council has the perogative to subtract from this 11Lst it they so wish. Wilkin Street has catch basins that flow into the combination system. If the street program is continued and it is required goiing into this area. we will go down Stillwater Avenue rather than Wilkin. that Street will have to be rebuilt. It is more feasible to go down Stillwater Avenue. That is my opinion. Councilman Lammers: Is this true with Everett, Fifth and Laurel? Ron: Everett will not have to carry a storm sewer line. North Ffitth Street would basically be currently involved because we could put them is: Martha from Wilkin down to Maple where we have only two blocks on Maple. On Laurel Street we are surfacing only one block. The Vice President closed the hearing. UNFINISHED BUSINESS ( out of order) This was the day and time set for a hearing on Local Improvementse No. 78, 79, 80, 82 and 84. The Clerk read the notice for hearing aloud; The Vice President 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 Genetts, official newspaper of the City, on February 26, 1969 and March 5, 1969. The Vice President then opened the hearing. Ron: I would recommend that you hold the hearing for Local Imprcovenente No. 78-79-90 and 84 together which will be one project. Local Improvement No. 82 is South Greeley Street which is a State Aid Street project. Thee other streets are all residential streets. Councilman Lammers: Are the assessments on these the same as then previous hearing? Rohs The estimated cost per front foot is $7.99. The cost of thee sewer and water service would be a total of $291.43 per service. The cost of the storm sewers will be $44,100.00. John Wirsig 524 South Brick Street I would like to ask that you consider the following that we abandon Willard Street from Brick to Lake Drive. This is not an existing street:,. Ie inkk. at There is a temporary access there only. I would like to first suggest the section of the street be abandoned because as the abutting peroperty owner we do not need this street for access. We see no one else that needs that street. It will create more traffic problems. I feel that it would be easier to make the drainage correct in thisarea. it in uldtld like ikessome neto dioicommment nteon this. Is that a street and if so, why e is a hydrant in the street. Ron: It is a platted street. The present condition is because of the erosion problem because the street is not properly graded and there are mo storm sewers. The hydrant is in the muddle of the street because we did not have the 18 feet that we now have. Mr. Wirsig: We gave the 18 feet for this. Ron: The hydrant will have to be re -located. It is not feasible. to abandon this street because we have sanitary sewer and watermain in the streeet. • • • (March 11, 1969 - continued) r • • Mr. Wirsig: We would be glad to give you an easement. Councilman Lammers: Why do we need the street? Ron: This is the access for Lake Drive. Mr. Wirsig: But one could get out by making a loop. Councilman Lammers: Han there been a request for this street? Ron: This is part of the proposed program of upgrading our streets. We have a petition for Lake Drive. This would be a good place as any to start. This will all be one package. Mr. Wirsig: What about the sand drainage? Ron: Basically this is private property. This is not platted through. it gets narrower up the hill. This is just an unplatted piece of land. It was never designated or dedicated as a street. Hopefully we will be able to maintain it. We will have catch basins in that area. Mr. Wirsig: I am concerned about the fill that will bury the street.. Is there something that the City can do about this sand? Councilman Wohlere: We can't abandon a street because if you sell the property, we will be stuck with the street. Councilman Carlberg: Is there any way of stopping this? moms The lower portion of it could be rock based and the upper portihon seedlings planted. Councilman Carlbergs Would this be costly? Ron: A retaining wall would be sloping and this would be costly. Itt is such a grade and either no vegetation on it, it will be a problem. Mr. Wirsig: If the hill continues to wash and goes down to your Tilt, will the storm sewers be able to handle all the water or will there continue to be a flow of water across the property? Ron: With storm sewers in the street this will alleviate to any extent any fill build up. There is no guarantee that the storm sewer is going litotake it all. It will be designed to take care of the maximum storm sewer. Mr. Wirsig: What width will these streets be? Ron: These will all be 36 foot streets. Basically it has been the poolicy of the City that all improved streets be 36 feet wide. Mr. Wirsig: Then there are no narrow ones. Ron: Not in the past few years. Gilbert Swanson (Swanson Associates) 310 West Myrtle Street I am representing the Swanson Associates. We have spent $12,000.00 :for drainage of the Western end of Lily Lake. I support Mr. Wirsig to s..ervice 10 or 12 people this is not needed. One of Mr. Wirsig's neighbors Chas been hauling fill out of that hill and it has created a hole in the bottoms, and has eroded the upper part or the soil. The kids go up through there! as a cutoff and this has contributed to the eroding. I am interested in 'the property. I support the proposal of having a blacktopped street and 1 curb area but I keep coming back to the situation that we have been seeinsg time and time again. I would ask that the property be developed sufficiently and a consideration be made in this area. That these people wait un•stil the area is developed so that the street is not torn up. George Kutz: Whoever dug that out is violating the law. Councilman Lammers: In the event that this area was vacated would tiftis block the other lots? • • (March 11, 1969 - contiunued) 133 • Ron: They could come in the other direction. There is one lot on the Southeast corner but he could be serviced from Lake Drive. Councilman Wohlers: When you take the street and have it platted out there you will put everything in that street. Ron: Right. Gilbert Swanson: I would like to point out when the sewer was put in, there was only a "Y" put in. Ron: Our estimated cost to put in the sewer and water services. was $291.43. Gilbert Swanson: I would like to ask that on the upper section: which we have to take in conjunction with the lower part, that the City does ;sot have land to support a 36 foot street. Ron: That is right. Gilbert Swanson: That problem will also have to be resolved. Vice President Melstrom: Doesn't this come up under this improvement? Ron: That is right. Councilman Wohlers: How come we don't have 36 feet on the top of the hill? Ron: Thare is only 30 feet there. We are in the process of contfscting the property owner. Ed R. Cain 707 Lake Drive The concern is that you could cut off what is more than an accesas in the winter time it is impossible to come up Seeley and turn left. A.LL the care would have to go up Pine Street and back again, even though you • would have an access. I can't understand the erosion problem. Why not wai-.t another year. I can't see why we would have to wait another year or another six months. It is quite difficult to get in there. We petitioned fear the street and are in favor of it. Councilman Carlberg: You are in favor of two maintenances. Mr. Cain: Yes, two instances and all the other improvements. Henry Johnson 1619 West Pine Street I am on the corner of Brick Street and also Seeley Street. I am :mot quite through paying for Pine Street. I have 119 feet on Seeley Street!. I never have had my automobile on that street. Back on the top of Seeler Street the erosion is not caused by the kids. There are only three properety owners on Seeley Street. I don't mind paying my share but I think they should let us get one paid off before you are taxed for another. Mr. Wirsig: I think the basic argument is that a street doesn't hurt anything. I don't want to pay for it since I gain no benefit from it. The people from Lake Drive do. I would be glad to have them pay for it. On a corner lot how will I be assessed? Ron: One -hundred percent on your footage on both sides. Mr. Wirsig: I feel that is a deteriment to me. You have assesseed both sides. There is no hope of any relief. I again petition to abandon the street. Councilman Lammers: I am wondering, Harold, it there is a possib,LLity of a different assessment. Mr. Kimmel: There are other ways of assessing corner lots. I as:Vane this improvement is being done under 429, which states all abutting ane:A non -abutting property that benefits from the improvement. You can break it dovvn on some other basis. • 134 (March 11, 1969 - continued) e • Councilman Lammers: This is not an ordinary corner lot. This beneflits the other property owners in the area. Would there be the possibility cot making a change? Mr. Kimmel: Yes, there is a possibility. Gilbert Swanson: Is the Council familiar with the situation? Do theley know what they are talking about? Citizen South Brick Street The dirt that was removed from the sandy hill, I assisted this party* in removing this. I think we served two purposes here. We helped the City because of the sand wash out on the lot and we returned it to the neeigbbors beach. I cannot afford to have the blacktop on the area and I cannot afford not to have it. I support the petition and the recommendation that we do ahead and blacktop the area and with curbing and I can sympathnize with the contractor across the street. We do not know how long it will ttake him to develop the area across the street. The increase in the cost of improving the property will not remain as it is now. James Vinar 704 west Oak Street I am wondering can we be completely assured that the City will acquiire the land so that we will have a 36 foot road along Pine Tree Trail before this road is put in. The City only owns 30 feet for quite a distance here. Mr. Kimmel: We are building a 36 foot street or nothing. We will aacquire the property to build the proper street there. I am sure the engine.eer is not interested in building anything other than a 36 foot street. Wee are getting a fifty foot right-of-way. Emerson Lewer 1418 West Pine Street Bob Eardley and I own lots in this area which cuts into the hill andl this will all slide down until it is neutralized. They are proposing to •widen Pine Tree Trail at the expense of the owner. We feel there won't be anything left of our lots. We bought these lots and they were bought this wax.. It will take five feet at one end and from 10 to 20 feet of Mr. Eardley•'s. Councilman Wohlers: How deep is this lot? Mr. Lewer: It is 130 feet but the last 30 feet are over the hill, sem that leaves about 90 feet. Councilman Wohlers: Could these lots be used for building purposes?" Mr. Lewer: Why have they cut away from the bottom of the hill? Councilman Wohlers: Ron can possibly answer this. Ron: The City Attorney and I felt that by taking property both on thee East and West side it would be the most economical and feasible way to doe it. That is the reason for doing it this way. Mr. Kimmel: Mr. Lewer as far as the excavation I assume that this e:nccavation, if this takes place on private property, basically it becomes a consaLderation between the property owners. This would be the lateral support of y.•air property. It is between you and them in that he is endangering your -private property. Mr. Lewer: What he says is true. At the present there is no damage I feel there would be no more digging and steps taken to prevent further ersesion. Across the street is unplatted part. The best thing would be to take:, the street straight down. Citizen (no name or address given): Putting a street in on Willard vviL1 not benefit me at all. • • • • The Vice President closed the hearing. (The Vice President declared a recess from 9:30 to 9:45 IP. it.) BEARING ON LOCAL IMPROVEMENT NO. 82 - South Greeley Street. Mr. Duane Elliott of Banister Engineering showed some slides Arad explained the improvements in this area to the Council and the citizens. Ron: There will be a sidewalk from Churchill to Lily Lake Bathing Beach Road on the West side for a portion thereof. The total estimated cost for the entire project is $162,000.00 and the total participating State -Aid cost are $104,700.00. This is a 44 foot side street with sidewalk. Thee cost to the property owners would be $17.50 to $21.70 per front foot. Thee Council is to set a front foot coat for such streets with the type of constriction involved in a State -Aid street. The amount to be assessed is $24:250.088. The sanitary sewer costs are $25,350.00 or $11.88 per front foot without thus city property or $8.84 including the city property. The area to be dE for the Lift Station would be on a per acreage basis for $20,000.00 for 50 acres of $400.00 acr acre. If the City kup anything woul be $571.00 re. If the Cityassumes the oneacre, theassssst ssstwould�be $555.25operr acre for this area. It has been recommended by the Engineer'® office that the assessment for the lift station and force main for those areas that are zoned as multi -family be at a higher rate than those areas theme are zoned as single family. The basic reason for this recommendation is thtst the multi- family areas have a higher propulation density, and consequently will contribute a higher volume of sewage to the facilities. If this formula 3a used for the presently zoned multi -family area of approximately 10 acres tam sate per acre would be from $33.33 to $434.59 per acre. This method would ttbem reduce the per acre cost assessable to the single family zoned areas by approximately $67.00 or $127.00 or 16% to 22% depending upon which method off assessment is used. It would also increase the cost to the multi -family zoned area by approximately $266.00 to $317.00 or 66.5% to 55.9% depending wpm which method of assessment is used. Councilman Lammers: Are the people on the top of the hill assessed on the same basis as those down below? Ron: Yes. Councilman Lammers: They will allbe d the same on tile street. What about the Lift Station? Ron: To me this is already eliminated. Councilman Lammers: What portion is State -Aid? Ron: Basically the State will pay a portion of the cost of Ube street construction. Councilman Lammers: Is this a fixed schedule? Ron: Yes, just since 1967 they have revised their law to pay• for sidewalk construction. They will pay a portion of the storm sewer coast that the State Aid street contributes to the storm sewer. Gilbert Swanson: I have been observing the Lily Lake brick pcond area. Is there any consideration be given to raising the road bed in this area? Ron: The road beds as such, that consideration has not been considered. There should be provisions made that at some future date a pumping _. station be established on Lily Lake and then Lily Lake would have gravitip flow pumped to Mcxusick Lake and this will control the level so that the ovesrflow would be pumped out. Gilbert Swanson: There used to be an underground flow in thils area between the two lakes. Ron: There is a possibility but I can't find anyone to proves it. There is a seven foot difference in levels between the two lakes. • • (March 11, 1969 - comfit:med) • • Gilbert Swanson: I don't know Mr. Engineer but possibly by raising the road bed we could prevent it from breaking up. Councilman Lammers: What about the lift station? (At this point Mr. Duane Elliott of Banister Engineering read tile following letter in reference to this matter) "At the February 11, 1969 Stillwater Council Meeting a review was mantle of proposed sanitary sewer facilities which are a part of the Greeley Street Improvement. Our study indicated that approximately 275 across contiiguous to the City of Stillwater within Stillwater Township could be served by the proposed sewer facilities with the necessary capacity increases. This matter was left in abeyance until such time that a meeting could be heald with the Engineer for Oak Park Heights and representative of Stillwater Township to further review this matter. A meeting was held on February 27, 1969 with Ron Ehlinger, Rigel Madmen, Otto Bonestroo and the writer present. This meeting revealed the following: 1. Apparently, trunk sanitary sewer capacity has been provide& for the 275 acre area within Stillwater Township in question vile a T. H. 212 trunk sanitary sewer connected to the Oak Park Heeights sewer system. 2. An assessment for trunk facilities has been levied against the. Stillwater Township area in question for the trunk facilitiies provided. 3. Service to the area within Stillwater Township via Oak Parka Heights requires the construction of a lift station proposes' in a Bonestroo report on the east side of County Road 66 approximately 600 feet south of the south corporate limits of the City of Stillwater. 4. This lift station in its proposed location will not provides service to the properties on Greeley Street within the City, of Stillwater, between south corporate limits of the City and West Churchill Street. 5. A lift station on the west side of Greeley Street within them City of Stillwater adjacent to the municipal beach area wouldpr.avide service to the area within Stillwater Township in question.. It is recommended that the Greeley Street sanitary sewer be oversized' to provide the necessary capacity for 275 acres within Stillwater Town:drip.. Because of the grade available on Greeley Street, this increased capacity can be economically provided (approximately $500.00). It is recommennasd that the sewage lift station be designed to serve only the tributary areas within the City of Stillwater. At such time in the future as sanitary sewers are required for the azzee in question within Stillwater Township, consideration can then be given to the means of service, weighing assessments already levied against the property for trunk sewer facilities, and the cost of a new lift station within, Stillwater Township against the cost of remodeling the Stillwater lifft station and installing a forcemein of larger diameter." (BANISTER ENGINEERING COMPANY), Councilman Carlberg: Do you think it would be preferred to service alit this area there with our lift station pump into the Oak Park Heights Sewagge System? Mr. Elliott: Yes. Councilman Lammers: How much more money for the oversized pipe? Mr. Elliott: $500.00 for the oversized pipe. Councilman Lammers: What about the lift station? • (March 11, 1969 - continued) 137 e • Mr. Elliott: The cost would be about $20,000.00 It would be $144,000.00 to serve only the piece within the City limits of Stillwater. Councilman Lammers: How soon do we need a decision on this? or il we ave of• Elliott: ze.can't get The planthe jeb out is completefexceptsthetfactorhof the�pipedetermination We size. Councilman Lammers: I think we should meet with Stillwater Tawna:tip and Oak Park Heights again. Mr. Elliott: If we put in an eight inch pipe and we might be thorough talking about sewer right now. Councilman Lammers: It would be my recommendation that we meet together again, especially the engineer ano anyone from the Council. This can bee arranged within a week. If we couldcontact these municipalities and Honaestroo and Banister and arrange something. Mt. Elliott: I don't think that will be resolved at a single eating. I think that they should study it sufficiently to see whether it its a good deal or not. I think another meeting would be good to have but I haws a bunch that we will not come up with an answer. Councilman Lammers: Simply if we have the time within the next week that we should do this. Vice President Melsttom: If we can create a good understanding with others or not and whether or not we gain anything or not but the good -sill could mean a lot. Councilman Wohlers: Stillwater Township is obligated to Oak Park* Heights. Councilman Lammers: We all know that Stillwater Township and Oak Park Heights have an agreement. There is a possibility that part of 'Stillwater Township could come into our system. Councilmen Carlberg: Why don't we just have a get together wit)* these two and then continue With the rest of the meeting now. Councilman Lammers: I would like to put this in the form of a emotion that within the next week and before our next Council meeting and thart we contact these members and the engineers and arrive at something. Councilman Mohiere seconded the motion. (all in favor). DELEGATIONS OR INDIVIDUALS Glen Van Wormer Acting District Traffic Engineer, Minnesota Highway Department The estimated cost would be $1,000.00 to put in the walk signalls end the State would pay three -fourths of this cost. A lot will depend upon the condition of the wire at the bases of the current signals. Councilman Wohlers: How much would it cost to pull the wires? Mr. Van Wormer: This cost would be $2.500.00 and again the statute would pick up three -fourths. Vice President Melstron: This wouldn't interupt the signals att Myrtle Street? Mr. Van Wormer: No. Councilman Carlberg: To put in a right turn to allow traffic rho move East and a Ieft turn from Chestnut to Main to go South, what would this involve? Mr. Van Wormer: We would have two different wires than before.. This cost would be about $3,500.00. 138 • (March 11, 1969 - cont:lnued) • r-� • Councilman Carlberg: There was something at another Council meeting tl.here they had considered this and it was recommended that if we did any chaanges that both systems be changed. Have you looked at the controls? Mr. Van Wormer: From what I can determine I can utilize the control wean that are there. Councilman Carlberg: I think that if we do something like this, I woteld like to see the turn signals and as elaborate as practical. Councilman Lammers: What is the Chamber's position on this? Bob Thompson: On behalf of the Chamber and all of the downtown merchants, there is a traffic hazard at the intersection of Chestnut and Main. an weekends it is terrible and every day it is a problem. I think this gets rather confusing especially with older people and they don't realize tthe speed of the traffic today. If at all possible, we would be very macho in favor of the 'Walk" and "Don't Walk" and if we go one step further wish arrows, we would like to see it done tomorrow. Mr. Van Wormer: Will the Council go along with paying one-fourth of trite $5,000.007 Councilman Carlberg: Do you feel that $5,000.00 will do the job? Ron: In June the State proposes to resurface both of these streets. :It would be a shame for you to come in next spring and dig up this street.. Mr. Van Wormer: We could add the conduit prior to the resurfacing. We try to get in ahead wherever possible. Councilman Carlberg: What is the top ceiling on this? Mr. Van Wormer: I think we could do it for $5,000.00. I don't know until I Check these controllers. Councilman Lammers: We have a lot of inconsistencies here. We won't make a decision until we know what the cost will be. Mr. Van Wormer: It depends upon what the Council wants. We could have :an estimate back in a hurry. Councilman Lammers: Ron, what do you think? Ron: It is my understanding that what you are primarily interested in :la a "Don't Walk" plus an electro arrow. Basically, I am not too interested: in the right turn off Chestnut. At least we want the four "Don't Walk" sieges and one turn arrow and possibly two. Vice President Melstrom: I don't think we should make up our minds toniite. Councilman Carlberg: I would like to get a cost estimate on this systemm. I make a motion that we have this gentleman work out the "Walk" on all 9four corners and allow for the two left turn arrows. Councilman Lammers seconded the motion. (all in favor). John Condon, Chairman Planning and Zoning Commission Could we take at this time the cases which appear on your agenda and whi_cn were taken at the last Planning Commission meeting? Councilman Lammers: I would like to have the final decision at the Couneril. There should be notice available from the Planning Commission meetings. The setup for the Planning Commission and the zoning ordinance should be loolBed into. • • • (March 11, 1969 - continued:I Mr. Condon: This is a long range job and I am going to contact zooms of these other communities like Hastings or Hudson who have some of the sense problems that we have. I could work with the City Attorney and the Council on what we want to do on this matter. Councilman Lammers: we need some communications to know why you 4 denied these and we have no background before we have to make a decision. Mr. Condon: We could use stenographic help. Would that be poss:dole? John Lawson: How about the Court Reporter? Councilman Lamers: We don't need verbatim notes. We just would :Like to know some of the discussion and the decisions. a Mr. Condon: I will try to get the information to you/week or twwo- before giving you the evidence and our decisions. We are proposing a sub -committee for our commission which vvotald be an Architectual Control Committee. Don Carlson will head this commai ttee and will pick two people who have artistic ability. The Planning Commies:4 on will decide on the land use and we will turn it over to the Architectual Conritrol Committee to work with the builder to build that which will fit into the acres. They will have something to say about apartment buildings. This is someth:dnq I want to study and see how it is done. I have another item. Northern States Power is abandoning 'their plant on South Main Street and their poleyard. I feel they should gives this to the City. I don't think there is a better use than a park for this groperty. I think we should be interested in preserving the river. I have coentacted them and will ask you whether you will take it. Councilman Lammers: I move that Mr. Condon and the City Attornely be authorized to re -arrange the Planning Commission and modify our zoning ordirnances. Councilman Wohlers seconded the motion. (all in favor). NEW BUSINESS (out of order) Discussion was held on the following cases which has been acted upon by the Planning and Zoning Commission on February 25, 1969: Case #46 - an application from Lawrence Hauge, for a variance in parking area and lot area for an apartment at 408 North Third Street (Denied My the Planning Commission on February 25, 1969) Case #45 - an application from Donald Roettger for rezoning and as variance in parking at 807 North Fourth Street. (Denied by the Planning Commission on February 25, 1969). Case #41 - an application from Edward Davidson for a variance in front yard setback at 419 East Nelson Street. (Denied by the Planning Connfission on February 25, 1969 and also a motion to rezone was vetoed by the OCoaaission). Case #40 - an application from Archie F. Butts for rezoning was adenied by the Planning Commission for an apartment building at 308 East Myrtle Street and 108 North Fifth Street. (Denied February 25, 1969). Case #39 - an application from Archie Butts for rezoning of Soutkt Greeley and West Orleans Street. (Denied by the Planning Commission on February 25, 1969). On motion of Councilman Carlberg, seconded by Councilman Lammers that we have the first reading of the ordinance of rezoningg Case #39 and Case #45 on March 18th and the second reading and kite hearing for the same two cases on April 8, 1969 and at the sane time have the variance hearings on Case #45 and Case #46 orrn April 8, 1969. On motion of Councilman Carlberg, seconded by Councilman Lammers that we notify the individuals in Case #40 and #41 for clarificaetion of these requests. 139 • e • (March 11, 1969 - continuead) APPLICATIONS On motion of Councilman Carlberg, seconded by Councilman Wohlers a Seecond Mani Dealer license was granted to Richard Slachta, 223 South Main Street. (renewal). A Junk Dealer License from Sherman Gordon, 233 East Nelson Street: Wally Kurth: What control does the City have over his burning out cars? City Attorney: I don't know what recourse we have of burning came bond the hours of burning. Chief, what are the hours for burnimg? Fire Chief: The burning hours are from 5:00 P. M. to 8:00 A. M. I will have to check this out. Wally Kurth: He does burn between 8:00 A. M. and 5:00 P. M. Can you forstall action on this license? Councilman Lammers: Couldn't we have Mr. Gordon core in prior t._o renewing this license? I am convinced there is a problem. Councilman Wohlers: Where can he burn? Councilman Lammers: He still burns out at the dump. Councilman Carlberg: We put a stop to tint sometime ago. Councilman Lammers: At least he should be brought in here and taelk to him. Mr. Kurth: Maybe we should look into relocating this junkyard. Councilman Wohlers: What are you going to do with these cars? Mt. Kurth: Who are you nen interested in? Councilman Wohlers: I don't say he should abuse these privileges.:, Councilman Lammers: I would like to move that the Assistant to the City Administrator be instructed to contact mt. Gordon to appear at the next meeting. Councilman Carlberg seconded the motion. (all in favor). On motion of Councilman Lammers, seconded by Councilman Carlberg an Off Sale 3.2 Beer license was granted to Booley's Super Market, 405 East Myrtle Street. (renewal). From Ralph B. Otte (Nappy's Harbor), 517 North Owen Street for an On Salle and Off Sale 3.2 Beer License - renewal (First reading --carry over to thne next meeting) . From E. James Meister, 901 South Fourth Street for an On Sale and Off Seale 3.2 Seer License - renewal. (First reading - carry over to next meeting) .. On potion of Councilman Wohlers, seconded by Councilman Lammers an Off nails and On Sale 3.2 Beer License was granted to Noel Breault (Grand Cafe), 1004 South Main Street, Stillwater, Minnesota. On motion of Councilman Lammers, seconded by Councilman Carlberg, an Off Sale 3.2 Beer License was granted to Lowell Johnson (Deno's Country Boy Store), 215 North William Street, for a perioa of one year. (new) (March 11, 1969 - continued) 141 • On motion or Councilman Wohlers, seconded by Councilman Lammers, an Off Sale 3.2 Beer License was granted to 0. R. Aaee, 808 North Fourth Sthreet (Formerly Country Boy Store, for a period of one year). (renewal)., COMMUNICATIONS From the Stillwater Jaycees in reference to the Ice Cream Social. (_;read -- no action). From Floyd Spaulding requesting an ajustment in the sewer revenue c:sarges. After some discussion, on motion of Councilman Mohler., seconnaed by Councilman Lammers this request was denied as it appeared this occurred since January 1, 1969. From Roderick A. Lawson in behalf of Mr. Gilbert Swanson and regarding property on the North side of Myrtle near Fitth. The Council informed -Mr. Swanson that he would be notified ill there was a hearing on this property. From Northern States Power Company regarding gas rate schedules. (read - no action). From Robart Kelly in reference to the petition for G. C. Lupient four a variance. Councilman Carlberg: Do you think in this situation it would be better for everybody concerned if the Central Lumber Company would apply for a variance? Mt. Condone I don't see why they should object to putting ire another petition. City Attorney: Their request would not be the same as Mr. Lumpient. In a variance the Planning Commission should have a new requeset and proposal. On motion of Councilman Carlberg, seconded by Councilman Lammers that Council deny the delay and have the City Administrator's. office write a letter to the Central Lumber Company explaining that it would be better for them to apply for a separate var:lance. DELEGATIONS OR INDIVIDUALS None at this point in the meeting -- see pages 137 - 138 and 139) PETITIONS None UNFINISHED BUSINESS Street lights for Huelsman and Earl Bruce: On motion of Councilman Carlberg, seconded by councilman Lammers these requests were referred to the City Engineer for his recommendation. (March 11, 1969 - continued) • • APPROVAL OF MINUTES On motion of Councilman Wohlers, seconded by Councilman Carlberg minuttes of the following meetings were approved: January 7. 1969 January 7. 1969 January 14, 1969 January 21. 1969 January 27, 1969 February 11, 1969 February 18, 1969 February 25, 1969 Regular Meeting Regular Adjourned Meeting Regular Meeting Special Meeting Special Meeting Regular Meeting Regular Feting Special Meeting 7:30 P. M. 7:50 P. M. 7:30 P. M. 2:00 P. M. 4:00 P. M. 7:30 P. M. 7:30 P. M. 7:30 P. M. ORDINANCES On motion of Councilman Carlberg, seconded by Councilman Lammers the OClerk made the first reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383 ZONING ORDINANCE. FOR THE CITY OF STILLWATER. (Rezoniing of West Laurel and North Owen Streets). On motion of Councilman Carlberg, seconded by Councilman Wohlers the second reading of an ordinance entitled "AN ORDINANCE REGULATING PARKING DURIENG SNOYI. EMERGENCIES,. IN. THE CITY OF STILLWATER AND PROVIDING PENALTIES FOlt VIOLATION". After reading a portion of this ordinance it was unanimo:,asly agreed to table this second reading to a future meeting. On motion of Councilman Lammers, seconded by Councilman Carlberg, the!CLerk made the second reading of an ordinance entitled "AN ORDINANCE REGUANZTTNG THE USE AND OPERATION OF SHOMMOEILES IN THE CITY OP STILLWATER AND'PRs:e7IDING PENALTIES FOR VIOLATIONS THEREOF." The ordinance was read section by section followed by rtli call after • each section with the following results: Section 1 Section 2 Section 3 Councilman Carlberg aye Councilman Lamwwre aye Councilman Wohlers aye Vice President Melstrom aye Councilman Carlberg aye Councilman Lammers aye Councilman Wohlers aye Vice President Melstrom aye Councilman Carlberg aye Councilman Lammers aye Councilman Wohlers aye Vice President Melstrom nay (See amendment as to hours for this section on next page) Section 4 Section 5 Councilman Carlberg aye Councilman Lammers aye Councilman Wohlers aye Vice President Melstrom aye Councilman Carlberg aye Councilman Lammers aye Councilman Wohlers aye Vice President Melstrom aye On motion of Councilman Lammers, seconded by Councilman Carlberg Sect:Lon 3 of this ordinance was amended to read as follows: • • (March 11, 1969) - continued - 143 • • "Hours of Operation. No persons shall operate snowmobile witi.lin the City of Stillwater upon public property or upon private propearty after the hour of 12:00 o'clock midnight or before one-half hour be.,Eore sunrise on any day except:" Section 3 (Amended): Councilman Carlberg aye Councilman Lammers aye Councilman Wohlers nay Vice President Melstrom aye The chair then put the question, "Shall this ordinance pass?" and on roll call the ordinance was adopted: Councilman Carlberg aye Councilman Lammers aye Councilman Wohlers nay Vice President Melstrom aye CITY ADMINISTRATOR'S REPORT (out of order) 1. On motion of Councilman Carlberg, seconded by Councilman Learners that the memo from Jack Shelton, superintendent of the Sewage Treatmermt Plant for the purchase of equipment was tabled until the March 18, 19699 meeting. 2. On motion of Councilman Lammers, seconded by Councilman WohleiXs the appointment of Steven Montbriand to a permanent classificatiooa of Heavy Equipment Operator at a wage of $3.65 per hour retro-aective to January 1, 1969 was approved. (see resolutions). 3. On motion of Councilman Carlberg, seconded by Councilman Lammers the complaint submitted by the Police Chief regarding the conditions of some rental property on the South and West Hill areas was re-ferred to the Board of Health for investigation and action. 4. A brochure from the Hud Program for assistance to municipalities for parks and recreations was presented and the City Attorney wa:.s directed to go ahead and get more information on this program. 5. The Assistant to the City Administrator presented to the Couoncil a proposal regarding the Afton State Park that was submitted bcy Robert W. Kelly, co-chairman of the Afton Park Committee. They are requesting a resolution supporting this park. On motion of Councilman Carlberg, seconded by Councilman Lammers that this matter be tabled until the Council has had a chance to find out a little more about this park. 6. A memo from the City Engineer informing the Council that the Park Commission had released their caretaker at Lowell Park and would like Me make arrange- ments with the City to have one man take care of their park along with Pioneer Park. The matter was discussed last fall, but at ttmat time the Commission felt they would retain their own caretaker. He ffeeLs that an arrangement can be worked out that would benefit both parties. Mr. Joel Blekum indicated that he had a prospect for a careetaker and he would discuss it further with this prospect and report back at a future Council meeting. 7. A resolution on proposed new metropolitan tax program from ttne City of Fridley was presented to the Council. (The City of Fridley 'is opposed to this matter). No action taken at this time. • (March 11, 1969 - continued) • • 8. A reply memo from the Police Chief and Councilman Wohlers recommending the McCarten Clinic of doctors to serve on the Board of Health om a fee basis. (This appointment to be carried over to the March 18th meeting)1. 9. A reply memo from the City Engineer in reference to the Service Main- tenance Contract from Axel Newman stating that said contract is satisfactory. However, Schwantes, Inc. has stated that they wound give the same type of service with our inspections. They would combine checking of the heating and cooling systems at the start up of came and the shut-off of the other, and then provide two other checks on sthe system that was operating during the time of operation. The basfic charge for this service would be $9.50 per hour until a firm chax:ge could be established. Any emergency calls would be billed at thee regular rates for said calls. On motion of Councilman Carlberg, seconded by Councilman Wohlers the City is to enter into an agreement with the Schwantes Company fox: service on the heating system for a period of one year. 10. On motion of Councilman Lammers, seconded by Councilman Wohlers Charles A. Nalipinski, 2975 East Highway 36, St. Paul was appointted to the Stillwater Police Reserve as recommended by the Chief of IPOLice. (Councilman Carlberg was opposed). 11. On motion of Councilman Carlberg, seconded by Councilman Lammmers the Council approved the installation of a fire hydrant at the cornea: of Aspen and Everett Street for use in flooding the skating rinks in: this area. 12. A memo from Joel R. Blekum supervisor of parks and recreation reguuesting clarification and guidelines concerning administration of table rent fee at Pioneer Park. Mr. Blekum: I would like a recommendation to set up the charge on weekends at 500 and forget it for the week days or figure out when should be exempt. Councilman Carlberg: I would like to mull this over in my mind. Mr. Blekum: If we are going to combine these two parks, it is :impossible to collect these fees. Really the amount for the season is not too great. After son discussion it was decided to table this for another 'meek before making a final decision. NEN BUSINESS (out of order) The minutes of the Planning Advisory Commission of February 25, 1969 •ware approved and ordered filed as mailed to the Council. On motion of Councilman Carlberg, seconded by Councilman Lammers the Building Inspector's Report for February, 1969 was approved ane ordered filed. On motion of Councilman Carlberg, seconded by Councilman Lammers the appoint- ment of a replacement for v. willis Bloom on the Board of Water Commiissioners was tabled until March 18th. On motion of Councilman Carlberg, seconded by Councilman Lammers the •Clerk - Treasurer's report for February, 1969 was approved and ordered filed.. • (March 11, 1969 - continued) RESOLUTIONS The Following resolutions were read and were on roll call unanimm.ely adopted: 1. Directing the Payment of the Sills. 2. Employment of Steven Montbriand as Heavy Equipment Operator., ADJOURNMENT On motion of Councilman wohlers, seconded by Councilman Lammers *the meeting adjourned at 1:10 P. M. Deputy City CJkk 145 • COUNCIL CHAMBERS Stillwater, Minnesota SPECIAL MEETING March 14, 1969 4:00 P.. M. The meeting was called to order by President Powell. Present: Councilmen CarlbLammers erg. Lamers, Melstrom, 1Wohlers and Preside..:.` rrived Absent: None Also Present: City Engineer, Ehlinger; Street Foreman, Hagen; Fire fief, Cormier; City Attorney, Kimmel; Sewage Plant Superintendent, Shelton; Civil Defense Director, Dean Charlsen; and Assistant to the City Administrator, Loland Mayor Powell turned the meeting over to the City Engineer, Ron Ehlingger. Ron: Basically at Dean's request I called Colonel Hesse and the Corse of Engineers and they did not return the call until after 2:00 P. M. Ds an heard there was a meeting tomorrow at Arden Hills at 10 o'clock and Me called to see what the meeting was about. The president has ordered :the Corp an Engineers to give municipalities as much once as they ,/possibly can. and basically what this amounts to is that the cities will fnrn;dsh the fill and location and assume the authority for a dike that the Corp oaf Engineers will provide us with trucks, dozers and loaders to build tiie dike. The City would have to provide the labor for the sandbagging. The ddetails will be brought out tomorrow and the director for the office of the 'Civil Defense will be there tomorrow. This is a new development. This just happened. They are trying to contact their field engineers of thesee changes. Whether they will supply the sand bags or not we do not know but test we will find out tomorrow. Also we will have to find out if they will assume the t feelrthatal weoshould•Some of be. Thisthe willlties save us in the nterested. neighborhood of 50C% itzely I of the cost. Mayor Powell: They have ordered a million sandbags. Dean Charlsen: They are for sale for anyone that needs them. Mayor Powell: If that is the case, we had a new price quotation from a firm in Canada. Mr. Loland can give us that information. Mr. Loland: They are in Canada. Another company has got some bags :14 x 24 inches at 13340 and also has a bag which is 18 x 27 which would be 14040 which are bigger than the ones we have now. Dean Charlsen: Are they used bags? Mr. Loland: The ones in Canada are stored from last year. Dean Charlsen: There are a lot of questions to be answered tomorrows. They might build it but who is going to pay to take it down and how is t_he City going to come out on the additional costs which are bound to be involved. Ron: This will not affect any of your engineering on the rest of lit. Mr. Loland: If you find out you have to furnish the sandbags, I caan place an order. Mayor Powell: What do you think about sandbags? (March 14, 1969 - continued) 147 ' • Ron: I should just as soon wait, since they have a million. :If they will sell them cheaper, we will be better off to buy them from the :Corp. Mayor Powell: If the Corp is going to builo our dike for us, vve know that tomorrow. We will also know how much equipment we will need 1:.F we know this. I think this gives us quite a bit more time. Ron: It will depend upon how much equipment they have availab:.Le and when they have it available. Mayor Powell: They are going to get those up river first. We .will be one of the first ones to get the service. Ron: Some of these communities won't need this as they have menet of their work done. Some won't do it at all. Mayor Powell: The president just issued this directive. IF it: is necessary to buy more sandbags, we should authorize Mr. Loland to order at least 30,000 in the event that it is going to be difficult to get timer and we will know this and he will be able to orde%them, if something comes:up that we couldn't get them from the Corp. We could always have that one Tuesday after they have done it. Dean Charlsen: I would wait. You would have to know if it isa an emergency if you were to order them today and find out that it is not ana emergency. If the Corp of Engineers know they will have to come over here toe build this dike. Mayor Powell: Did they say that they want just the Mayor and tiie Engineer? Dean Charlsen: They want the Mayor, Engineer and Civil Defense , Director. Mayor Powell: We had a volunteer who wanted to go along and i:.f anybody else wants to go, we will be leaving shortly after nine in the morning. Let us leave from the Police or Fire Station at 9H:00 and anybody that . is here at that time can come along. It is at some training center. Originally this meeting was called to ahead with the dike or not because the minimum is 92 feet and the maximum is 95. We thought we should have direction to proceed as quickly as possible and this throws a ed.ifferent light on it. I am glad we are all here and this latest report thrower a different light on it. Councilman Lammers: Does it seem eminent that the dike will be built? Dean Charlsen: I understand gentlemen that if it is needed as the minimum would be two feat above 1952 and with 11/2 inches of moisture it.rrill reach up to 52 to 70 degrees it can go a foot above what it was in 1965 Councilman Lammers: What is the system of preparing if they bu::ild it? Mayor Powell: We won't have that cost to enter into our disaster bill. Any other bills that are allowable can be entered in. Ron: The Cities have to provide the fill for the sandbags and: the labor for the sandbags. The meeting tomorrow will go into this more tho_.roughly. Councilman Lammers: Would we still need volunteers? Ron: We will have to supply all the labor. Mayor Powell: The school superintendent said that we can get Ihigh school students. We haven't talked to the warden but I haven't gottena hold of him. they had a meeting and it was discussed. what about the engineering costs? Ron: Basically Banister said you pay the cost of the men plus, L00% but I don't think that is what they charged us last time. Bill Beni -eater is in Florida and Robert Short was not around. This is their standard rate. Mayor Powell: The Corp does :it, will this mean any difference?? • 148 (March 14, 1969 - continuedi, Ron: This is one thing that you will have to decide. I won'tf know but this is one thing that we can find out about. Mayor Powell: Actually that is all tnat we have to report. Councilman Carlberg: Did you say anything about Highway 967 Ron: I will have to call there Monday morning. The County wall release their road restrictions. Dean Charlsen: We can use the armory which is to be used for sleeping. Mayor Powell: This was checked out by Mr. Charlsen. Dean Charlsen: We still need cots and blankets. If we could get cots, we will appreciate that very much. Mayor Powell: We could have a small report on the meeting last night. They mentioned that the dam on the St. Croix couldn't be built because of the wild river bill. They also stated tint is a reservoir were urp there_ as planned it would have reduced the flow in 1965 by 25% by Prescoott. If there had been a dam on the Minnesota River near NOW Ulm that would have cut down the flow by 50% in St. Paul. That would have mean 75% less ate Prescott. The value down stream would become somewhat less. I sent a letter to, the Corp of Engineers asking for this information and what I wouldhliketo do is make fifty copies and sand them to all the cities in this:. area and they can write their congressmen to do something about it. It shows that they are on the ball and you are aware of what you can do. I am going to get this to Vince Hamann so that the people in Stillwater will be aware of it and can write their congressmen. Dean Charlsen: That would flood back 40 miles. Mayor Powell: The only time you would have to lower it would bein the time of a flood. If you did lower it, you could lower it enough too takecare of the spring run oft. As soon as the run off is over, it comes back up. On motion of Councilman Lammers, seconded by Councilman Carlbeerg thatwe allow a General Fund expenditure for nine Citizen Band units Hier communications during the emergency. On motion of Councilman Carlberg, seconded by Councilman Lammers that the pay for Police and Fire regulars be paid straight time rates for overtime during the emergency. On motion of Councilman Lammers, seconded by Councilman Carlberg that any fees paid for consulting engineers to be paid from the Generai0 Fund. On motion of Councilman Melstrom, seconded by Councilman Lammers the meeting adjourned at 4:25 P. M. Attest EWl Deputy City C14r 149 • e COUNCIL CHAMBERS Stillwater, Minnesota March 17, 1969 8:30 AA. M. The meeting was called to order by President Powell. Present: Councilmen Carlberg, Lammers, Melstrom. Wohlers and Preesident Powell. Absent: None Also Present: Assistant to the City Administrator. Loland; City. Engineer, Ehlinger; City Attorney. Kimmel; Police Chief, Ab:wrahamson; Street Foreman, Hagen. Mayor Powell: At the meeting Saturday in Arden Rills the Corp ace Engineers indicated they would build dikes for municipalities ies thaatrfeltrskat hat in had a need for it. They build the dike and pay for and they will want to work with an engineer from the City. Theyy want a. plan which we have. They will not remove the dike. Anything that we get from OEP funds should and be an emergency if there is an engineer. Ube Corp of Engineers builds the dike and saves the problems if it is not the emergency, we get that much done. l Ron: Basically tpy engineering provideatrucksproviding and theyawillan-e8contractots. T:developing aplan. They will They provide the sandbags and polyethelene required. The idea is to adopt a feasible plan and they have a plan with a dike located in some areas the seem as I have and some of it will be a permanent type. It will be a box: trim dike. which ise something thatWenhavve tootprovidehave f llerprovide materiall. You have ll the laborand datheaunite equipment.damages. The Citvy has to remove to hold the united States Government from any the dike. Basically there is a resolution that we have to pass... Mayor Powell: If we build a dike, we .would be responsible. Councilman Carlberg: What are the changes on the path of the ditto? Ron: They will run it behind Midland Coop and go through the :Lumber Yard and there is a lot of junk to be cleared in this area; then up to Rooley's parking lot they will go back East and go out of Rooley's parki3ag lot area. West of Rooleys will be semi -permanent and then down the East made of the track down to Nelson Street which would be temporary. Basicailfy it is in the same location as before except that we are on the West side of the tracks instead of the East. Mayor Powell: Did we order the extra 30,000 sandbags? Ron: No. Mayor Powell: That is good. Councilman Melstrom: When you going to do about it? Ron: That is a good question. Stillwater Mo Councilman Melstroa: They will want to know where it is going to be. Mayor Powell: Will we have time to discuss this with the peopole Tuesday Ron: Yes. Mayor Powell: What if they feel we don't need these posts on their property? for used car lot. are on other people's property vwhat are they The State property,.Midland Cooperative and The City has to provide permis :aion for this. night? • (March 17, 1969 - continued) • • Ron: Then we would have to remove them. Mayor Powell: It would be my thought it you did so and suggest that tMsy might not look too favorable at the project. Councilman Melstrom: If they don't agree with you, why should we take it out? Councilman Lammers: I don't think we have a right to put permanent thongs there. City Attorney: In an emergency we have the right. Ron: I don't think the highway department would complain if it is on the East edge. City Attorney: I think in an emergency situation we have a right to Labrade private property and we should even have permission to come in to builld a dike. I£ it doesn't cause any nuisance, I am sure they won't object aat all. Ron: The posts would be about six feet apart. Councilman Lammers: Is there any possibility that this dike will haves to be built at all? Mayor Powell: It was indicated that this was a real necessity. Councilman Wohlers: I talked to Strube Saturday and he says there, is no question about it. Councilman Lammers: will this affect our assessment here? Mayor Powell: Any work that is done by the Corp of Engineers will not reduce the amount that you aught need for DEP. Did he say that we could be paid for the whole dike? Ron: Anything we can do we can get paid for. Normally anything that would fall under it. City Attorney: Are we paying for the same thing? Mayor Powell: They are going to pay for the Corp of Engineers. If there is no emergency we get the whole dike built for nothing but must remove lit at our own expense if there is no emergency. If there is an emergency, we cam get paid for the same. City Attorney: tinder the circumstances we won't end up in the hole tub won't have to assess. Mayor Powell: It costs just about as much to remove it as to build i*.t. There will probably be some deficit. There is going to be some overtime lalbor. City Attorney: when are they proposing to start on it? Councilman Lammers: You are going to have truck control out on the resad. Ron: Yes, we are cleared with the County but we don't have clearances from the State. Mayor: The Corp said that they would have somebody to go through on this. (The City Attorney read the complete resolution at this point ins the meeting and which was then signed by all the members of tJae Council) Councilman Melstrom: Does our City insurance cover? City Attorney: I am sure it will be, but I think we should talk to Blob McGarry to have an added rider on our policy if it is not covered. • (March 17, 1969 - continued) Ron: We will have to use our own equipment and men as much as possible. That would mean the City Street Department. They are now removing snow that is in the way. Councilman Carlberg: I think that is reasonable. Is there going to be a double row or single raw of posts? Ron: A double raw. Councilman Melstrom: Will tnese be driven into the ground? Ron: They bore them or drive them in. police Chief: Will we have to have police officers available? Ron: Yes. RESOLUTION The following resolution was read and on roll call was unanimouslly. adopted: 1. Resolution of the City of Stillwater - authorising the Corp of Engineers to assist in the building of the dike. ADJOURNMENT On motion of Councilman Carlberg, seconded by Councilman Lammers the meeting adjourned at 9:05 A. M. Attest: /Ef" Deputy City Cl • • COUNCIL CHAMBERS Stillwater, Minnesota REGULAR MEETING March 18, 1969 7830 P. M. The meeting was called to order by President Powell. The opening prayer was given by Wayne Loland, Assistant to the Citty Administrator. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and Presiident Powell. Absent: None Also Presents Resistant to the City Administrator, Loland; City Atltornsy, Kimmel; City Engineer, Ehlinger; Police Chief, Abraliiemson; Fire Chief, Cormier; Acting Building Inspector, Lameeon; Recreation Director, Blekum; Sewage Plant Superintendent, Shelton.. Press: Vince Hamann, Stillwater Gazette Jim Walsh, St. Paul Dispatch Citizens: About 150 to 200. UNFINISHED BUSINESS (out of order) This was the day and time set for a hearing on proposed assessment - Local Improvements No. 63-64-67-48, 1967. Street surfacing, Storm Sewer, Watermain extensions and other appurten- ances - South Sixth Street from West Hanock Street to West Orlleams Street; Birchwood Drive North from West Myrtle Street to West Linden Street; West Linden Street from North Owens to Dead End. The Clerk read the notice for hearing aloud; Mayor Powell inquired( Lt. the notice for hearing was published, and the Clerk informed the Csovncil that the notice for hearing was published in the Stillwater Eveninsq Gazette, official newspaper of the City. on February 28, 1969. The Mayor opened the hearing. Ron: The price per running foot is $7.58. William Eckhart 212 Birchwood Drive North What was the original bid price for this letting? Ron: The original estimated cost was $7.50 per front foot. It is: now $7.58. Randol Crooks 1307 West Linden Street What is the present ruling with property on the corner lots? Mayor: On street work you are assessed the full amount on both si•Aes. Mr. Crooks: Is there consideration given property owners for some relief on this? Mayor Powell: This has been an established City policy. We do ha ire some difference in sewer that happens to go around a corner, you are as::messed (March 18, 1969 - continued) 153 • for the full on the front and 25 feet on the side. Mr. Crooke: But nothing on the side? Mayor: That is correct. Clarence Gehrke 117 Echo Lane On that fill is that going to levelled off? Ron: You mean across the street. Mr. Gehrkes Yes. Ron: Yes. that will be levelled off. Mr. Gehrke: Can that be sloped to prevent the mud from goimg on my lot? Ron: That can be done and will be taken care of. The Mayor closed the hearing. This was the day and time set for a hearing on proposed aseressment Local Improvement No. 75-1968: Installation of sanitary sewer and watermain in Pima Tikes Trail from Nelson Tract to the Southerly Dead End. The Clerk read the notice for hearing aloud; Mayor Powell iimquired if the notice for hearing was published and the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gannette, official newspaper of the City, on February 28, 1969. The Mayor then opened the hearing. Ron: The costs vary on this project. The cost per front foot for that portion sub -divided in lots if $5.94 per front foot for sewer and $38.54 for the .water. On the unsub-divided the rate is $7.87 for the sewer and $4..70 for the water. No one appeared for or against this assessment. The Mayor closed the hearing. This was the day and time set for a hearing on the proposed domination of a dike. The Clerk read the notice for hearing aloud; Mayor Powell iinquired 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 3, 1969. The Mayor then opened the hearing. Mayor: If the Attorney will explained the reasoning for the, boundaries that were set forth in the notice. City Attorney: The boundaries are irregular and relatively *easy to describe. It included all the property that would be benefited in the *erection of the dike. In describing the property for a hearing, we describecd a large area that could be affected. In fact that you are in the area described does not mean that you will be assessed. Probably it won't be determiined this evening it there will be an assessment. If property is to be assessed you have to give notice to the people that might be assessed and they then have an opportunity to be heard on the erection of the improvement. This is the improvement hearing and it does not mean that you are going tfo be d. It is a condition necessary to an assessment. (March 18, 1969 - continued) • Mr. Anders Hansen Stillwater Manufacturing Co. The Corp of Engineers is involved to what degree and their involvement -- we should know this before we go into the hearing. Mayor Powell: Mr. Ehlinger and I were in Arden Hills at a meeting ,en Saturday. Under Public Law No. 9 they could come in and construct dikes for cities that have expended all their monies for snow removal and emergency funds were depleted and this is the case in Stillwater.'They will come in and work with our Engineer. They will come in and hires contractors and even have a foreman to supervise and they will construct a dike. We use city equipment also. They will do it at no cost to the City as far as the construction of the dike itself. This includes sand- bags and polyethelene. If there has to be any labor or tools necessary for this labor, that is also the responsibility of the City. They will not in any case remove the dike. Mr. Hansen: Is it clear that this will not cost the city for the construction? Mayor Powell: They will come in and we will have to furnish the sand and we will have to use city equipment that is available. The Dike wilIi be there. Should it be that there is no emergency and no disaster deoclarsd, then tne City is responsible for the cost of removing the dike. Mt. Hansen: where does this dike run? Mayor Powell: Ron has gone over this with the Corp of Engineers anal they have given him the route of the dike. Ron: It is a little complicated. Basically we will construct it men the West side of the railroad tracks, North of the Highway Maintenance, Garage and at this point we will continue back East and stay on the East :side of the railroad tracks until we get down to Midland, we will then eut..back West and back over the Midland Coop and Stillwater Motor Used Car lfot: we will go right directly through Consolidated Lumber storage shed to. Mulberry Street, East to one spur line, the East side of Maple Island by thds steel tanks until we come to Hooley's Parking Lot. We will the cut acro.mss the tracks down the sample place as last time down to Nelson Street anal cut back in along the highway as the last time. This is a revision that hams come about since Monday and this will all be temporary construction. Mr. Hanson: What about the removal cost? Mayor Powell: Here again we put in a figure in the notice. We krmew what the cost could be considerably the same as the last time and at trim time of the publishing of the notice of hearing, we did not know that Ste Corp or Engineers was coming in. This was the figure that we used basted on the lasthetremoovalfigres with the ofuthe last dikelwasrcosts of today added. I in the neighborhood of $46u,nderstRand that 000 OO. Mr. Loland The cost was $42,239.34. Mayor Powell: How we would be affected here I don't know. If th a Strube water is high enough, very likely we will not have to pay for thsays the level is one foot lower than one week ago. Mr. Hanson: I think some consideration should be given to the donvntown people. If we are flooded downtown, we get relief tax wise and t:_hen we bear the burden of the general assessment. We are still a uni£ieel town. The downtown area would bear 608 of your burden and I hope that the town will go on this for a general assessment to all on the hill. Mayor Powell: If it were a general assessment, then we would have to have the whole town at the hearing. City Attorney: A general assessment would be on a tax levy basin. Mr. Hanson: Can the hill live without the town and can the town live without the hill? • • (March 18, 1969 - continued) 155' City Attorney: If we were going to levy an assessment, we woould have to describe the entire city in the hearing notice. Mayor Powell: It is conceivable that they would favor it. Mr. Hanson: We are a complete town and cannot exist without each other. I think this is entirely wrong and if we are all working for tire one good, we have one problem. Most of the people on the hill work downtown. This is a rather poor way to go about this. Councilman Carlberg: Personally, I haven't heard about being® two separate communities. I haven't heard too much what the people on thee hill have to say. Some of the people on the hill may have some ideas. Robert Burger Pla-Mor Lanes In the Mankato area they have a problem like ours and in the _past and this year the entire community is being assessed and the same coul._d be done here. Tom Becker Maple Island Corporation We have three big tracks in that district and it could cost u::s a lot of money. I think you might change this description to include the whol&e community. Councilman Lammers: Ron, do we have a ballpark figure that we will be assessing? Ron: We do not know if they will declare it an emergency. Councilman Lammers: Basically, the construction of the dike will be taken care of by the Corp of Engineers. If you got an estimate on Her mach:ttt could be assessible? Ron: I would have no idea. Councilman Lammers: I think this might help if we knew. Dr. Henry Van Meier 226 East Myrtle Street I am speakingfrom the point of view of the Health Commission of Washington County. This flooding of the downtown part of the City is nott just a burden on the downtown area. We have a sewage system and a pump. Iff anything goes wrong with that . and the sewage begins to back up and the sanitkary sewers, there is going to be a shutting off of both the sewer and water supply ;primarily because it is possible that the valves are such that the downttown area would be cutoff. In the case of a broken main the flow would be to contaminate the system. This is a most serious problem and one which could afffect the whole community. Can you tell me if it is possible to cut off from the City water supply? Ron: That is the Water Department, but I believe it is. We trove one supply water system for the downtown area. Dr. Van Meier: How about the sewage flow? You cannot shut that off. ROn: We could block the lines up on the hill. Dr. Van Meier: That would mean that the toilet facilities up on the hill would not be out of order. Ron: That is a great possibility. Dr. Van Meier: It is very much a community thing. To say that the downtown should build their own dike to protect them, and pay for it. It would be almost as legal to say that those who have children in school ,pay all the taxes for the schools and those who do not have children in the schools would not have to pay. (March le, 19b9 conelnueee: • • Ron: The dike, of course, that is proposed to be constructed willl have no bearing on our lift station. This is all outside the dike area. Tithe proposed area has no bearing on that whatsoever. Dr. Van Meier: If the downtown people have damage, we can write Lit off. If a little group of people downtown of less than 100 people have to go to work and dig down and borrow to maintain something for the good communiity. If we build a dike, we get nothing. It is the same as when we pay ann aeseesment for a street lamp, but if we have damage from the flood they will allow us to write off the damages. Mr. Hansen: If this is not approved tonite, you can't build it urnless you can remove it. Mayor Powell: I think the dike will be built. Mr. Hanson: We are here on a one way cause. I think the City shw.ild be included in a project. I don't think the downtown area won't go maore than their normal share. There is no choice, we need this dike. Mayor Powell: We feel as responsible people that it is our duty tao build a dike, regardless of how much you can write in taxes. You can't comet the time that you will be closed down to repair the damages. Mr. Hansen: We were closed down a month the last time. Is it thee intention to keep the area closed off during the time it is declared an emergency, or can we continue to operate? Mayor Powell: In comparisonto the last flood, yes. I think thee dike is not going to be built until it looks dangerous and higher than predicted. I think we should confer with the Corp of Engineers and tLs Police Depart- ment and the National Guards. If we have an emergency, we intend to ask the National Guard to help us with the policing. Mr. Hansen: If we are going to spend the money to put it in, couldj't something be done on a permanent basis. In 1965 they said it could never haappen in a hundred years. Mayor Powell: The Corp came up with an idea about making a portion of it permanent but that has been dropped. Florian Fazendin: Why can't they leave all the sand there? If they are going to build a dike, why do we have to remove it? Mayor Powell: The fill that we are going to use is a temporary didke. This would not be a permanent dike. They were talking on some of the ;property to the North to put in poles with a square type fill. This dike lie going to be on railway property and other private property and will have to be removed. Mr. Hansen: Couldn't certain areas be left? Mayor Powell: That would depend upon the property owners and the location. Councilman Wohlers: We were talking about this the other day dow®town with a party from another city and they did that and they said that it practically ruined the town. Dr. Van Meier: What effect did Mankato have with their dike? Mayor Powell: You are shifting your problem to somebody else. THM1e river will get that much higher.. Whenever you contain a river in one pllace, it is going to pour more in another area. Ron: The highest will be 93 feet high. Mr. Dilley Commander Elevator (Farmers Union GTA) Where do you propose to put it? What if we say flood us out? • (March 18, 1969 - continued) 157 • • Mayor Powell: This Council doesn't want to do this. The majo:.rity of the business men want a dike. When we are talking about dikes at it meeting in Lake City last week, the Corp of Engineers said that if there •were two reservoirs, one on the upper St. Croix and one on the Minnesot:.a River at New Ulm we would cut down the flow of water at Prescott by 70%:, We are going to get these figures and I will work with the Gazette on, this matter. I think that all these emergency funds that you are going to crane up with is like pouring water down a rat hole. If you are talking aboeat a dam, it could be a water supply for some area some day. Mr. Dilley: What are you proposing to charge the individual br.ssinessmen here? Mayor Powell: Did you come in late as this was explained earl:.ier? Mr. Dilley: Yes. (Mayor Powell proceeded to give all the figures and facts for the late comers) Mayor Powell: The assessment last time would have been $20,0000.00 Mr. Dilley: What if we choose to flood? Mr. Hansen: Are you considering front foot assessment or a frosnt and side? Mayor Powell: I asked our attorney if he might have some idea that he might recommend or the alternatives that could be discussed. City Attorney: Basically there are three ways. Front or runnihng foot; an area assesment on the basis of valuation or the amount of damages.' The front foot assessment is the simpliest and would be unrelated to benefits received. In my own mind the front foot would have to be changed in some respect de- pending upon how much water is involved. I don't think it is doing to be a particularly simple formula. Mt. Hansen: I trust that if this should cone to pass, this shoould be another hearing. Mayor Powell: Rather than call a hearing, we could have a meetiing on the way in which it should be done. Ed Frye: I don't see why we should be more liable for the wholle amount. We have no guarantee that we won't be liable for the entire cost, if we approve this tonite. Mayor Powell: Other than the Corp of Engineers will put the dikee up. Mr. Frye: If this is approved tonite, do you know what we willl be assessed? Mayor Powell: If this is declared a disaster area and OEP givees us -funds which will cover the cost of the removal of the dike except thee salaries of the monthly employees which they will not pay. Last time the amount was somewhere around $20,000.00 Mr. Frye: I know it could be a small amount and it could go this. other way. Mayor Powell: The Corp is not going to start the dike until Mo:.aday. Perhaps, by Monday they will have a better idea of how high the flood wasters will be. Maybe by Monday they will know exactly and the dike won't have -to be built as high. It is hard to forsee that. Do we want to gamble and tak.:e the chance if we agree to go along, we will go along with this. Winston Sandeen: Isn't a dike more of a detriment to the sewag.:e system? Mayor Powell: No, Mr. Ehlinger says it has no bearing on it. Councilman Carlberg: I realize that it is the duty of the wholee community. I also feel that the businessmen do have personal property in the downtown area. You are protecting something tangible to you and not to the peosple up on the hill. I was thinking in the neighborhood of assessing 25% of tam remaining costs to the downtown business men and the rest on the general tax levy. This 158 (March 18, 1969-continued)0 ultimately means the downtown business district is paying 22% of tine property taxes in the City of Stillwater. This would be a total of about 411/2:1114 of the dike. Mr. Frye: I want a percentage wise figure. Ron: In the first place about half of the dike will not be where Ville sewer is. Winston Sandeen: I am talking about the pressure. Ron: The dike has no bearing on this. There will also be no sewer:s operating. This time we will block that line coming in from the river. Winston Sandeen: If we do not have a dike, there is no damage to the sewers? Ron: No, in the first place it has no relation to this at all. Winston Sandeen: If you build a dike you will still have to block them off. We still have to block the sewers even though we have a dike. Ron: Yes. Mr. Sandeen: If we are going to spend another $300,000, I think wee should be thinking about going into some long range program. If we could share the cost with the State and build an elevated highway along the river,;. and.: still have your parks and your business district. We should do something concrete. Mayor Powell: I would think that a reservoir would be a long rangge program. Bob Junker 1215 South Sixth Street I believe in a few years NSP will build a damp up North to make a light plant and it would have been relief right there. We are just going to have to look to a permanent dike. George Ruts: Why don't you go and ask the engineers to open the Sams? These people along the river don't want this in those areas. Frank Aiple: The St. Croix is over a foot below normal and a lot of .:people have some funny ideas about the dams between here and St. Louis. Those dams primarily were put in for navigation and an aid to flooding. They are an aid to flooding. What good is the time when the water is the same level on both sides of the dam? George Nuts: What is the elevation here in Stillwater? Ron: 675 feet. Mr. Aiple: If a dam was put in like Mayor Powell was talking about North of town that type of dam does provide flood control. This is the tylpe.of dam over on the Missouri River. It takes about four years to fill three dams. That is the kind of dams that we have on the Mississippi River. The Jams on the upper Mississippi River really have very little to do where we have a big flood like 1965. If it is a little flood, they can do little about it. Mayor, if it got to 690 feet would you put up a dike? Mayor Powell: No. Mr. Aiple: The engineers are talking about 691. Our biggest danygeris that if we go to a lot of money and put up a big dike and we don't have an emergency, we are stuck. Mayor Powell: Flood stage is 687 and in 1952 it was 689.7 and im 1965 it was 694.1. If we hit 690. we would be three feet over flood stacge. (March 18, 1969 - continued30 159 • • Mr. Aiple: In 1952 that was the highest before 1965. That was about 15 feet of water. In 1965 that was approximately 20 feet. If we get down to 690 actually, we do not have a problem. The problem is that we don't know if it will stay at 690. Mayor Powell: We are talking about 693 now because if they mare talking about 691 as an estimate. I think you should have a couple oof feat to spare. I would like to see a couple of feet up there. Mr. Aiple: If it is going to be real km and it isn't a big :ELood. any amount of water, you would still want to be ahead of it but :are we going to have to put up a real big dike like 1965 and then the weathe:ar conditions are as right now, the situation has improved substantially i:.a the past 30 days and it might continue to improve. I would say we shoulul delay going ahead with some kind of dike for a week or so. To let the dlike go to the last minute is not likely. Mayor Powell: I think that we are waiting until Monday. Monday something different might come up. It looks better in Stillwater thane in other areas. Our snow is melting but it is not as good as that in the whoole general area. Mr. Hanson: $30,000 was mentioned for the removal of this dBike. This time we are planning ahead and it seems the cost should be consiiferably less. Mayor Powell: When we asked him to draw up the notice of heearing, that the attorney, the Corp of Engineers was not in the picture and iit could have been that we would have had to pay everything. The total figure of what the government contributed and what the City contributed was sounething over $320,000.00 for the last time. So in order to be safe, and kznowing that it wouldn't be anything less, this figure was arrived at for thee notice of hearing. Mr. Stanislaw: Where is the guide line for an emergency? Mayor Powell: If the flood waters are high enough and the Goovernor declares it a disaster. George Mute: what did the 1965 Mayor Powell: Because the Corp checked the cost of removing it this evening on the cost of the $20,000.00 the last time. Tom Becker: I believe most of us here want the dike built tto protect us against the flood waters. In 1952 we built a dam in back oft( Maple Island to protect the plant and we had to make a rush job of it and we have dropped sand into the water. You cannot build a dike in the water. I believe that it would be right to trust the City Council and that they wii11 Eind a fair way to assess it. The City Council can go through the right peoeple in Washington to get a dam in the tributaries. Citizen: What will the cost be? Mayor Powell: We do not know as it is going to be a disaster: area or not. We have been kicking these figures around. Citizen: What is the proposed dike level? Mayor Powell: If the water is 91 feet, Mr. Engineer? Ron: Two feet above the water level. do Mayor Powell: The Corp of Engineers is going to/this withoeut cost to us. Mr. Gilley: For a thousand dollars we could move out for al month if it is going to be $10,000. I don't know what we will do with the! elevator. I know it is a cost problem sometimes. I would sooner dike a::round me. I could do it for $1,000 and I would not be for it at all for $10,0u80.00. dike cost us? of Engineers would build thee dike, we only and do not have the figures available here construction. The City of S'etillwater paid 160 (March 18, 1969 - continued)) ^. • • Mayor Powell: I have tried to look at it objectively as possiblae. If Governor Lavender and the president of the Corp of Engineers weres to determine how these cities were affected, my thinking is that it is very possible that we will be a disaster area because they feel that tzhe water is high enough to build a dike. The Corp cannot take a dike dc,.an. If we can build one and we can take it down. A dike might stick up five feet above the water. Mr. Dilley: How are Mankato handling theirs? I know it is goingg on the tax roll. City Attorney: The original dike was constructed there was constltructed by the Corp of Engineers. It has to be voted on by the people to go en'the tax roll. Citizen: You were talking about an assessment of about $50,000.000. Does the City have this amount? Mayor Powell: No, our funds are depleted. We have a budget thatt is set up that determines how much money we can spend but we did not buddget for a flood. Mr. Hanson: You should also know that you cannot operat at a profit. Councilman Lammers: It seems that there is no question that we Shave to build this dike and also it seems that a great portion of this dike cost will be picked up by federal funds. I agree that the problem is a community problem. The cost of taking it down should be picked sup by the entire community. The discussion is what portion, if any, shceuld be assessed to the downtown area and in this area. Harold, whethem or not if we made the determination, could we assess the downtown as a ttenefited area or would we limit to to the area actually damaged by the waster? City Attorney: I think that a portion of the area would be desicemedto protect certain places more than others and that part could be marginally assessed. What area is benefited is the Council's determination and advice from the attorney what area could be legally assessed. Toon have to be benefited somewhere else but benefited what the dike was deesigned to protect. If we assess, I think we would assess at least 20X. The reason is if we spend the money and have to borrow $50,000.00 and if we do not assess, in order to borrow, we have to have a vote of the people. Mr. Hansen: If you are going to assess certain areas, I object.. We are going to dike the whole area. R. M. Hadrath: You can build a fence around yourplace because it.t is to your particular advantage to do it but what if you had a fire in your: place and the whole city pays for that. We are one community. If there waas a castophere downtown fire wise and some particular business got harmed up he shouldn't be expected to pay the whole expense of the fire Dcypartment that year. No man can live alone. We are not two communities a:.ad the people downtown will pay their just share. (At this point the Mayor declared a recess from 9:00 to 9:115 P. ea.) Councilman Wohlers: There is a lot of misunderstanding and fantastic figures be thrown around here during the break. The Corp of Engineers its going to put up this dike. They are taking care of the whole thing to bee built and to tear it down could be about $50,000.00. In the meantime if Lit is declared a disaster area we will be compensated from the federal governmeeet to tear it down. The people who did attend this meeting last Saturday did a good job on this. Mayor Powell: In the last disaster we had we bought sandbags and various things like that which were not included in the cost of the dike and which will be included in the cost of the dike this time. Robert Burger: As I understand it, I think everybody is in favooc of building a dike and if there is no emergency no body is responsible excepct the downtown area. Mayor Powell: Not necessarily. • (March 18, 1969 - continued) 161 • City Attorney: Whether or not the rest of the area would pay pant of it using the $50,000.00 figure if it was limited, the Council has Co get $50.000.00 somewhere. They can borrow forty of that fifty thou®and can be picked up over a mill rate of the entire City, the $10,000 payahmle out of the assessment levied against your property payable over some suitatble period. It is conceivable that through taxes the whole City might pay part of the cost of dismantling of this dike because it would be out of general taxes by a bond issue to borrow the $50,000.00 and pay it out of the milt levy. That primarily would be what would happen. Mayor Powell: I am going to call the hearing to a close. Councilman Lammers: / have veed justloneamoone reecoomment - presuming -that we have to build a dike, Ron: We will need voluntary and paid labor for the sandbagging.. This will definitely be needed. The labor the City has to provide. Mark Bowers, President Volunteers: We have 80 members that are ready to go to work on the dike when needed. _ Mayor Powell: Thank you. Bob Miller superintendent of schools said that he would make available any high school students that could assistt. The prison discused thechances to talkptosthe lwarden, hbut nI did talk to one g trustees to kofgthe . other inend oand t get a I shall contact him again. Citizen: When would the voluntary work begin? Mayor Powell: About a week after the dike is started. Citizen: I think you people are on the right track. Mayor t looks ty el the papers. Welare wgoing toe are ndo everything lly trying. lthat we cant to keep kthe e odikeuread costdown. Citizen: Let us give these boys a vote of confidence to go aheead and build this dike. Mayor Powell: I was quite certain the Council was going to bu_.iLd this dike anyway. We were going to find a solution to get this built. :rthink we have covered everything there is to be heard. The Mayor closed the hearing. APPLICATIONS On motion of Councilman Melstrom, seconded by Councilman Carlbmerg the following cigarette licenses were approved for renewal: Gulf Oil Co. (Formerly Big Save) 108 South Third Street, Stillwater, Minnesota Walter H. A. Wolf dba Wolf Marine Hwy. 95 and 96 Stillwater, Minnesota Dale C. Mattison - Lakeview Memorial Hospital Stillwater, Minnesota On motion of Councilman Carlberg, seconded by Councilman Male:tram a Cigarette and a Soft Drink License was granted to Donald C. Meyer, Stil.Lwater Conoco, 102 North Main Street. (renewal) On motion of Councilman Wohlers, seconded by Councilman Melst:rom a Cigarette and a Soft Drink License was granted to Richard H. Plattner, .rr. 1Pizza House) 308 South Main Street. (renewal). • • 162 (March 18, 1969 - continued) • �, • A Junk Dealer's License for Sherman Gordon 233 Bast Nelson Street) was held over from the March 11, 1969 meeting and Mr. Gordon was asked to appear before the Council on the matter. Mayor Powell: I called Mr. Gordon and scked him about the burning and he said that no automobiles were being burned at that location. He did inform me that the Charlsen Co. has their equipment there and scone smoke comes from there and this was coming from Mr. Charlsen. I asked Mr. Gordon if there would be any particular time that he could bt'xn to avoid any nuisance and I suggested to him that if it was possible. he could burn at the end of the week and be through by 9:00 A. M., nand iE it were he had a little burning he could burn Wednesday through I?riday. That is the conversation that I had with him. Councilman tlelstrom: I listened in on the conversation and withe..ut creating any nuisance to anyone this should be agreeable. I was a witness to the conversation. Doug Roloff 318 North Brick (Birchwood Drive North) Who is burning the automobiles at the old City Dump? Mayor Powell: Mr. Gordon. Mt. Roloff: Why? Mayor Powell: That is a good question. Sometime ago the Council took action that it should not be done and this information was not graven to Mr. Gordon. Mr. Roloff: Let's get it stopped. Mayor Powell: That is easy to say. Mr. Roloff: I can get the Pollution Control man over here. Mayor Powell: I would say that the message did not get to Mr. Gordon and he wouldn't be burning there. one fire doesn't create pollution — Mr. Roloff: But three times a week it does. Mayor Powell: Three times a week could. If Mr. Gordon doesn't butler hie cars some place the City will have a greater problem. The City can't afford to have snowbirds and junkers around the City. I am not ttrying to defend Mr. Gordon. Mt. Roloff: There are ordinances against that. Citizen: What do they do in the cities? Mayor Powell: They burn them. When you have to get rid of them, this is the way to do it. Mr. Gordon has gone to Stillwater Township, Baytown Township and spent many hours and it is a real problem. This is ea necessary evil. Mr. Gordon how many cars do you dispose of in a month? Mr. Gordon: About 30 to 40. Mayor Powell: This will vary from time to time. Police Chief: Mr. Gordon has picked up 23 snowbirds for the Pounce Depart- ment for the City of Stillwater. Mayor Powell: It is not just a one way street. Mr. Gordon has ttold me at one time when we told him about burning out there that he had looked for another place and in fact I looked at a spot with him. The Council took action that he was not to burn out there and I can't say why he wwas not informed, as the City Administrator is not here. I think some ceonsideration has to be given where do you get rid of these snowbirds. In ordeer to do that he must burn them in his own yard and he was there before the objpectors. Possibly it would be better if he could burn them at a better plaece. • (March 18, 1969 - continued) • 163 \ e Joyce Schmidt: The objection is that you did close the dump °noon. If you are going to open it up for him, leave it open to all or close :it to all. Mayor Powell: We have some property out in Stillwater Township that we would have been willing to rent to Mr. Gordon but our neighbors say no. Say there are only 20 cars per month that is 240 per year. Mrs. Schmidt: If he goes there, how many more can go there? Mayor Powell: If this Council should determine that this is not.t the worst place to burn here, we could rent this land to him and specify tt.hie. I personally would like to say tht I would rather see him burn outt there rather than down below the bluff. Councilman Wohlers: What is your objection, Mr. Roloff? Mr. Roloff: I hate to see the black smoke while I eat my break:last in the morning. Councilman Wohlers: I am out there early in the morning and know what is going on out there. Mr. Roloff: Give it to him and make it on the up and up. I hawse no objection to that. Mayor Powell: Prior to this time he really had tried to do whatt we asked him to do. You can't burn them at the dump. Mr. Roloff: Give it to him in black and white. Citizen: What about the crushing or shredding system shown in ttbe papers? Mr. Gordon:This is a burner and it is too high priced. - Councilman Lammers: I would like to see this Council tie this pproblem down. Mayor Powell: I would like:to, too. Councilman Lammers: we have the one problem downtown. I undersetand that M. Charlsen also burns dam there. If we could tie it down to ceramic) days of the week and you could go along with this. We appreciate to them point that you have a right to do business but we would like to control an anticipate when you are going to do this. Citizen: Do you haul cars in from St. Paul? Mr. Gordon: Yes, we do. Mayor Powell: We do have a lot of Junkers around town. Mr. Gordon: We took 15 off the streets in town. Mayor Powell: This is the problem. Councilman Melstrom: I would like to make a motion that the Junk Dealer's License be granted to Sherman Gordon and he be confined to the burning ordinance limiting burning to Wednesday, Thursday and Friday mornings to Sm00 A. M. Councilman Wohlers: What about the use of the dumpsite? Mayor Powell: I think we should think about this and come up wihth a figure after we have studied it and given some thought to it. Citizen: Wouldn't it be advisable to put an ad in the paper? Councilman Lammers: Has anybody got any alternative from burning down there? Councilman Wohlers: Mr. Kurth was concerned about that burning.. He said there was soot getting on his house. Out at the dump you will get awaoy from any house. (March 18, 1969 - conti.sued) • • Mr. Condon: Has anything been said about the condition of this jjankyerd on Second Street? I am talking about Chili-koot Hill? There is junk out of the fence there. Mr. Gordon: It is below the wall. This happens when somebody dropps off something when I am not there. Mr. Condon: I drove down there and it was not all behind the wain. Mayor Powell: I could caution you to be as careful as possible aebout this. This type of operation which he has has to be handled very delicaetely and can be offensive to some people. I would have to see that a reguolar check be made so that we don't have anything too close to the street. Councilman Lammers: I think Mr. Gordon should be instructed that= there will be no refuse to junk outside the confines of his yard. Councilman Wohlers: I second the motion that the Junk Dealer's Ljicense be granted to Mr. Gordon. (All in favor). Mayor Powell: Renting a certain portion of the present dumpsite Eor the burning of old cars can be considered at a later date. Councilman Lammers: He would use just the area for burning and mot storage. Mr. Gordon: That is right. Mayor Powell: If you were to put a limit of the number of cars yinn burned out there, what would that be? Mr. Gordon: 15 cars at one time. Mayor Powell: Is it possible to limit the amount to 15? Can your get 15 cars in an area the size of the space you are using? Mr. Gordon: Yes. Councilman wohlers: I think this is an orderly fashion to do it lby stacking them in the back of the area. We can't block the area because of 'the storage of supplies in the hut. Wilbur Monson: I am not opposed to any kind of deal you make to 'get rid of the automobiles but I was just wondering since I have heard talk vrhere other people want to have the sane privileges, and that is the possibol SLty of burning brush and leaves. If you are going to put this up for a -_place to burn, you should put it up for bids. I am wondering if you can make a motion to allow anyone to burn out there. Mayor Powell: As far as pollution is concerned the backyard burn.:Lng is the greatest for that. Clint 8kwall; That is City land any portion of that land cannot ibe rented to anyone without being out for public bid. You must advertise t:_hat it is up for rent. Mayor Powell: I am not going to challenge your knowledge of the Law, but I am going to ask our attorney to comment on this. City Attorney: There is no requirement in the law that we do advertise for bids on sale. We can sell as long as we sell for a fair price amid we can rent as long as it is a fair price. They have to make an attempt -to arrive at a fair price. Clint Ekwall: You are talking about property that is not giving off pollution. Perhaps you can rent that section. Councilman Wohlers: There is nothing in a lease. (March 18, 1969 - continued) 160 • • Mayor Powell: We want to solve two problems at the same time - a pIlace to burn cars and a place to put care that are picked up. We would 'probably ask somebody on the outside for a fair price and this is to be a sollution to the problem. Clint Ekwall: Probably Ray Zoller would like to rent it to burn w000d. Then what do you do? Where do you draw the line? Mayor Powell: You are asking a new question now that I would like no think about. There is a little difference. Mr. Zoller is operatinuq in a place that is technically illegal. There are many businesses in Stillwater that are operating illegally. Until somebody builds a f`_Lre under you, you don't do anything about it. Mr. Zoller had the land' and stored the wood there and until somebody complains we are not going' to run him out of the business. Clint Ekwall: He was there before the ordinance was in. Councilman Wohlers: Mr. Gordon was there for a long time, too. Police Chief: Mr. Gordon is providing th:, Police Department with as service and this is getting cars off the streets in the winter and when them phone is ringing off the hook you call Sherman who theepon the honetthat teweuhave vetftthree cars we have got to get them tagged and Gordon. The downtown garages have no room and they will not pick ttkem up. Mayor Powell: Mr. Zoller's problem comes under a little different category. There is a place for him to go. There is no place today for Mr. Goordon because he has gone all over looking for a place and I have gone wrath him. I realize he had a problem and I went with him. It just didn't worak out. Citizen: Can he take them down to the Bayport dump and then burn edam out and pick them up? Mayor Powell: I don't know. The Pollution Control has looked the other way as far as his pollution. They are looking the other way and are weary mach opposed to any burning down there. As soon as the County puts in 'their dump, he will be closed up. Councilman Lammers: I understand, Harold, there is no problem on as rental fee or burning ordinance under such about entering into an agreement? City Attorney: I know Mr. Gordon had some tentative leases with Wither people. we might be able to find out what these were and see what these area. I have no suggested figure. We could investigate what a reasonable figurre would be. Mayor Powell: If we issue a license to operate a Junk Yard on a yearly basis and then you have control and if it is not operated right it won't; be renewed. The City doesn't want this to be a permanent solution. If somebodBy wanted to purchase the property and it might be better to do it on a month -to -month basis or for 60 days. As a suggestion to the Council maybe it would be best to haves a notion that we enter into an agreement with Mr. Gordon to rent that part of the land that he needs and have it retro-active to the first of the year ant the figure to be determined at the next Council meeting. Councilman Lammers: Is this suggestion that the Attorney prepare a lease? Mayor Powell: Anyone that is qualified can give us an approval. 1 need somebody to make a motion. Councilman Lammers: I move that the Attorney prepare an agreement between Sherman Gordon and the City of Stillwater for the burning of cars 1n a designated area on the City property on the old dumpsite and this agreement be presented at the next Council meeting and this agreement to be on a month - to -month basis and limit the number of cars. Councilman Carlber9 seconded the motion. (all in favor). • • (March 18, 1969 - continued) • • COMMUNICATIONS From John J. Todd in reference to the petition of G. C. Lupient for am Variance. (read - no action). DELEGATIONS OR INDIVIDUALS None PETITIONS None CITY ADMINISTRATOR'S REPORT 1, A memo from Joel Blekum regarding a caretaker foL Lowell and Pioneer Parks. He has contacted Mr. Gosta Alfred Rask and he is willing to take on the job at $450.00 per month ($225.00 from Pioneer Park budget and $225.00 from Lowell Trust Fund). Mr. Rask worked for the City as caretaker at Lily Lake Warming House for the passt season. Also after talking to Mr. Lyle Anderson of the Lowell Park Board as to past procedures he discovered they had also been hiring as school age boy on a part-time basis to take care of the flowerbesds. He recommended we continue this policy and recommended we hire Larry Zieske at $1.75 per hour as needed. This additional help would ...still bring the cost of operating the park well below that of the lasat several years. Mr. Blekum also recommended that in the resolution that it state that employment of Mr. Rask and Mr. Zieske be from and after April 115. 1969, so the if the weather was favorable they could get an early staert at cleaning up these parks. On motion of Councilman Melstrom, seconded by Councilman Wohlens the Council concurred with the recommendation of the Recreation Director to hire Mr. Gosta Rask and Mr. Lloyd Zieske to take care of Low.well and Pioneer Parks and said employment should be effective from and after April 15, 1969. (see resoltuions). 2. A memo from Jack Shelton requesting the purchase of equipment tier performing the testing at the Sewage Treatment Plant which amouunt to $1,119.00, plus receiving instructions to perform the tests required which was quoted by Serco Laboratories as not being ovver $400.00. Councilman Lammers: Is any of this equipment necessary because: of doing the testing for Oak Park Heights? Ur. Shelton: We will have to do some of the coliforms. More titan likely our plant will be brought up to the standards. We must . do it according to the directives from the Pollution Control. Councilman Lammers: We are not purchasing any additional becau.ese of doing their tests. Mr. Shelton: We have run the total solids and suspended solids: with equipment that we have and have run them along with ours. Councilman Lammers: Didn't you request other figures for the 1._aboratories to do some of these tests? Mr. Loland: Circle Laboratories quoted a price of $701.00 per: month. Twin Cities Testing was $875.00 per month. Jack's labor on thmese will be about $400.00 per month. • (March 18, 1969 - continuedX) `67'• • Councilman Lammers: Have we determined how much we are charging Oak Park Heights? Mr. Shelton: We haven't done this as yet. Exactly the lengtth of time I don't know. It would take sone figuring to come up with: a concrete figure unless you want to put some of it on a hourly basis:. I have spent four and one-half hours. That was for the month of :February doing the BOD and the suspended solids for the month of March. Mayor Powell: When you have them, you can give the figure's to Mr. Loland and he can figure it out and pro -rate it. Councilman Carlberg: I move that we purchase the necessartw equipment for this testing and the schooling for this testing. Councilman Wohlers seconded the motion. (all in favor). 3. A reply memo from the City Engineer in reference to the installation of street lights at the Huelsman property on West Myrtle SStreet and the Bruce property on North Third Street. He feels that therea is r.o necessity for an additional street light on North Third Street. Thee existing lights are located properly. However, these lights should be upggraded to present standards and he believes that NSP will do this in their overall plan as agreed to by the City. He believes that an additional ligght should be placed on West Myrtle Street by the Huelsman property. Hem recommends that this light be placed nearer the West property line off this property. This would eliminate the reflection in the windows of adjaecent homes, and would provide some light near the entrance of the old City Dumpsite which the City still uses for salt storage. On motion of Councilman Lammers, seconded by Councilman Casrlberg that the Clerk be instructed to upgrade the street light on Third Street and authorize the installation of the light on the Huelsman property on Myrtle Street. 4. A mend from the City Engineer recommending that considerattion be given to the addition of South Sherburne Street from West Olive Street to west Pine Street; on the list of streets to be sealcoated-- for the year 1969. This street could be added, a hearing held and incfmded in the present list prior to the advertising for bids for the present work. The reason being, that it appears that the predicted floodding will delay the preparation of plans and specifications for this work.. On motion of Councilman Wohlers, seconded by Councilman Meslstrom that the date for a hearing on the sealcoating of South Sherbur.rne Street from West Olive Street to West Pine Street be set for Apr_1. 15, 1969 at 7:30 P. M. 5. An accident report from Mrs. Grace Clayton, 239 East Nelslen Street, Stillwater reporting a fall on February 24, 1969. (Copies of this claim was sent to the City Attorney and M cGarry- Kearney Insurance Co. on March 18, 1969). 6. Stillwater Township submitted their Ordinance No. 33 whicre is their Gravel Ordinance for Council consideration due to the facet that we will be hauling gravel out of the Ritzer Property for thee dike. Mayor Powell: They would like to have a meeting with Sti_Llwater and we will discuss this. Councilman Lammers: They would like to have an understandlLng regarding gravel permission. There are certain provisions that they" would like to waive. Mr. Rydeen suggested that if we can meet at 4::00 P. M. Friday afternoon. I think we should include Oak Park Heights inn this meeting. • e (March 18, 1969 - continue,ea) • Councilman Carlberg: I see Mr. Johnson is here. Councilman Lammers: We can possibly include Mr. Johnson in reference to an agreement with Oak Park Heights on South Greeley Street sewer. Mayor Powell: The chair would ask for that decision to have a sppecial meeting here on Friday. ve a g afternoon, Marchr21 with Stillwater Taownship and nOak tFriday Park Height:.S Councilman Lammers seconded the motion. (all in favor). (Mr. Loland was directed to send a letter to Stillwater Townshipo and Oak Park Heights regarding this meeting). UNFINISHED SS Ordering Improvement, Approving Plans and Specificiations and Directfdng Clerk to Resurfacing fora 1969.r bide for (Hearing wasaheldon ealcoatirng and March 11, 1969)g Councilman Wohlers: I looked at the streets and the streets thaat were set up for matting Wilkin, Everett and Fifth. I travelled on tikes at four different times and I certainly would not be in favor of s.eaL- coating them. I would put a mating ttingaonyththem. 1.t knot ththere reli foorharhardship there but if you are going to about it and let it fall apart. Mayor Powell: The cost of the matting was $1.95 per front foot., Mr. Gardner: The general opinion of the people was that street: is not in hat the areton olddagecassistance.1ghteen out There are afcouple2oflbadrs on spots. :petition Councilman Wohlers: If you patch these streets and sealcoat thcem. Ron. how long would they last? Ron: Basically two years. Councilman Lammers: How many years do you plan to spread thisW Ron: This is the determination of the Council. Usually it is live years. Councilman Lammers: Could this be tonite? Ron: No, at the time of the assessment hearing. Councilman Lammers: The City policy has been for full assessue:mt on both sides. I am wondering if it would be possible to have an alteernative considered on corner lots. Maythe thinking or ow: Ron,what whatsisntthe enreason niththat oit?was done this .tray? What wa Ron: Basically the primary reasoning is that it was felt by one Council that a corner lot received benefits equal to the cost of their portion of the assessments where it didn't in sewer and water. Councilman Lammers: Is this standard policy in other municipalities? Ron: As far as I know it is. City Attorney: There are two methods that have been approved for assessing corner lots. What you do now and the other method is to take the corner lot and to take a percentage of that corner lot aid to take the Wither 2/3 in the same block. Make the inside of that block paying a partition of that assessment. • (March 18, 1969 - continued) 169 • Councilman Lammers: How did Oak Park Heights do it? Mayor Johnson: We did it on one side only for both street., sewer and water. Mayor Powell: Then you come up with leas total footage. Ron: North St. Paul assess about one-third of the side. Mr. Carl Johnson: We have a right to petition and let us honor these petitions. Mayor Powell: If you did it by what the majority said, wee would not do any of the streets. The ones who are objecting are here but those in favor do not show up. If a practice was made of doing this no streets would ever be done in the City. If we operated thvat way, we might just as well forget it. Mr. Johnson: Why is the one block of Laurel Street complattely forgotten? Ron: Basically the primary reason when I came this streett was in very poor condition and it has depleted gradually since that tibiae. It is a State Aid street and it is the next street after the portlier of South Greeley. It is the next street to be rebuilt. There is cone block between Third and Fourth we can maintain it as it has a comparatively good base and it has curb and gutter. We could save that portion but, of course, we will have to rebuild the rest of it. Mr. Johnson: I would like to slow down the traffic on my street. Councilman Lammers. Were we to approve it, what date are we talking about for the opening of bids? Ron: If want to include the other street, I would say Mays 13th. Councilman Wohlers: How long will a matting last? Ron: I would say about eight years and if you sealcoat Let in five years, it will last indefinitely. Councilman Lammers: First of all this has been the recommendation of our Engineer and I would move the adoption of Local Improvement No. 83 and have the opening of the bids on May 13, 1969 at 4:30 IP.M. Councilman Mohler. seconded the motion. (all in favor). Ordering Improvement, Approving Plans and Specifications for L.;ocal Improvements No. 78-79-80-84. Mayor Powell: I have read the minutes of the hearing lasat week and know what was said at this hearing. If something different wesre done on this particular street (Lake Drive) and West Willard where other people would benefit more than the property owners could this be consiidered. City Attorney: Tonite is not the time to do it. I thinly we should go back and spread it on some other block. I don't know th tbthee isituation is different than any other corner lot. It may appear is the only access to Lake Drive. Councilman Carlberg: What about the people in Forest Millais paying for Orleans Street? City Attorney: There is a different situation there which is most unusual. In that you have an area that is not accessible=. Mayor Powell: In any case we can order the improvement rind discuss this at greater length at another time. Councilman Lammers: There were many comments that came out of the hearing. It seems there are several problems in this whole area. Also there might be a necessity for planning for streets in the future in this area. (March 18, 1969 - continued) • • Ron: we cannot set a date for the bid opening as there is a lot of preparation work to be done and it will depend upon how long the floodl lasts as to when we will get to it. We can order the improvement and not set a date for the bid opening at this time. Councilman Carlberg: I move that we order the Improvement, Approve Plans and Specifications for Local Improvements No. 78-79-80-84, 1969.. Councilman Wohlers seconded the motion. (all in favor). Ordering Improvement, Approving Plans and Specifications for Local Improvenment No. 82 (South Greeley Street). Councilman Carlberg: At the last meeting there was a motion made that before we make any decision on this improvement that we meet together with Stillwater Township and Oak Park Heights. I would like to hold to that recommendation. Mayor Powell: Basically it is the same improvement but we could wait for the meeting on Friday. Councilman Lammers: I agree with John and we should wait until Fridayd. I don't think we are talking about five years as far as Stillwater Township is concerned. If they are going to move, they are going to move now. Table Rent for Pioneer Park (Carried over from the March llth, 1969 meetingg). Mayor Powell: I personally feel it is the best advertising that we could have by having a place to go to. Mr. Blekum: My question was who should be exluded on weekdays. On weekends we get people outside of Stillwater and they should pay for tthe use. Councilman Carlberg: Do you feel that Saturday there are a lot of outside people? I am in favor of dropping the weekday charge. Donald Nolde: The reason we increased the fee was that that were many*. many people from White Bear coming over and at that time we were gettiling complaints from the citizens of Stillwater because of the picnic tablees at Pioneer Park. If we are going to provide them with a place, I woul1d at least feel that you keep the 504 for Saturday and Sunday. At no tiime did we want to take money from the citizens of Stillwater. I would suggest that you at least think about keeping the 504 fee for weekendea. Councilman Carlberg: How about Thursday nights? Mayor Powell: That is band concert night. I think what we should do is get enough money to pay for the wood. It is good advertising. We go to Como Park and we don't feed their giraffes. If you can come out witRh the usual charge, I think we should keep it at 50C for weekends. Mr. Blekum: The total take last year was around $227.00. I think yovu will take in just as much money by charging for the weekends. Councilman Wohlers: is there a time limit? Could we check out Where these people come from? Mr. Blekum: With 40 tables we haven't had any trouble. Mayor Powell: I personally don't think that on a weekend you should ask them where they are from Councilman Wohlers: I move that we set the table rent for Pioneer Paatk for Sundays and holidays at 506 per table. Councilman Carlberg seconded the motion. (all in favor). • • (March 18, 1969 - continuesd) 171 • • APPOINTMENT OF THE MC CARTEN CLINIC TO THE BOARD OF HEALTH: On motion of Councilman Melstrom, seconded by Councilman Wohtlers that the MCCarten Clinic be appointed to the Board of Healttra .:n a fee basis. APPOINTMENT OF A MEMBER FOR THE WATER BOARD TO REPLACE V. WILLIS BLOOM. On motion of Councilman Carlberg, seconded by Councilman Wofhlers that Roger Peterson be appointed to the Board of Water Commaissioners as recommended by the Mayor. NEW BUSINESS None ORDINANCES On motion of Councilman Lammers, seconded by Councilman Wohlers the Clerk made the first reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383, ZONING ORDINANCE OF THE CITY OF STILLWATER". (Rezoning of South Greeley Street). - from One -Family to Multi -Family). "On :notion of Councilman Wohlers, seconded by Councilman Lammers the Clerk made the first reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383 ZONING ORDINANCE OF THE CITY OF STILLWATER". (lmezoning on North Fourth Street for Donald Roettger from Two -Family to Mustti-Family). RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Adopting Assessment Roll for Local Improvements No. 63-64-657-68, 1968 and setting the time of payment at ten yeare. (Echo Lane, South Sixth Street, Linden Street and Birchwood Drive North) 2. Adopting Assessment Roll for Local Improvement No. 75, 196E5, and setting the time of payment at ten years. (Sewer and watermain in Fine Tree Trail). 3. Ordering Street Improvement, Approving Plans and Specificattions and directing the Clerk to Advertise for Bids Local Improvementt No. 83, 1969. (Sealcoating and Resurfacing). 4. Ordering Street Improvement, Approving plans and Specificavtions for Local Improvements No. 78-79-80-84, 1969. (Pine Tree Trail.., South William Street, Lake Drive, West Willard Street, South Seeley and Mouth Brick Street). 5. Employment of Gust Rask for Loweli and Pioneer Park - effete -am April 15, 1969. 6. Order a Hearing on the Sealcoating of South Sherburne Stre.eet. (Part of Local Improvement No. 83) 7. Order the Construction of the Dike. 8. Employment of Larry Zieske for Lowell Park - effective Apr•LL 15, 1969. ADJOURNMENT On motion of Councilman Carlberg, seconded by Councilman Mels the meeting adjourned at 11:25 P. M. Mayor Attest: Deputy City C • l72 • • COUNCIL CHAMBERS Stillwater, Minnesota SPECIAL MEETING March 21, 1969 4:15 P. M. The meeting was called to order by President Powell. Present: Councilmen Carlberg, Lammers, Melstrom. Wohlers and Presiident Powell. Absent: None Also Present: Assistant to the City Administrator, City Attorney. City Engineer, Duane Elliott, Roger Short, Mr. Bonestroo., Dr. Torgerson, George Rydeen, Herbert Bond, Sigel Madee:os, Lyle Eckberg Mayor Powell: The first thing we will discuss will be the matter of taking gravel from the City property in Stillwater Township which we willl use for the construction of a dike. I understand permission must be suppllied for this. I talked to Eigel about it quite a while ago. He did say y'+ou hadan ordinance and we thought there would be no problem. Had we known a pe was necessary we would have acquired this sooner. We would like tzo obtain sand from there and were wondering if it is possible to waive the hearing for this. We would ask that this be done so that we can proceed with the dike when the time comes. George Rydeen: I have no authority to make that decision as one member of the Board. I don't know what our legal council would have to say about waiving it. It would require a special use permit and a special lame permit requires a hearing with ten days notice. I don't know if that woulld be possible or not. Lyle Eckberg: There is no provision in the ordinance but it couldt be waived in an emergency. We could grant permission now and then to continuo we could hold a hearing later. Mr. Rydeen: It is a little difficult to say that it is an emergency since that this matter has been the situation since last January, that yyeu were going to do this. If you would have to come to us, we should haver been glad to work something out. It certainly puts our Board in a difficult situation arizens is don't dos for our I cannotlsay anddittdependsextremely f uponwe icuilt for us whatleg•lal advice we can get. Councilman Lammers. Possibly this is somewhat my fault. I was awvare of this and we are not in the gravel business. We realize that we have too do certain things to put it back in order. We do pledge to put the land back in the same shape and should appreciate consideration in the matter. As far are the Council is concerned, it is possibly more my fault than anyone elses. Mayor Powell: I spoke to Eigel about this sometime ago and theree was no mention of the permit. Lyle Eckberg: When do you anticipate moving the gravel? Mayor Powell: It could be as early as next Monday. Mr. Eckberg: Then you would like to have some action before that time. Mr. Rydeen: Possibly we could to this in that we would set the Yhearing for a little later. Mayor Powell: You mean you would have the hearing after we get tttbe gravel? e (March 21, 1969 - continued) 173'e • Mr. Rydeen: Possibly while you are hauling it out. Mayor Powell: We don't want to put you out. This seems like ki.md of a farce to me. We are talking about getting some gravel and we we're of the opinion that we could do this and slope the land or we can get i_t somewhere else. Mr. Rydeen: Certainly it is not our attitude at all. If this wawa brought to our attention before at our last Board meeting we could have done some- thing about it. Mayor Powell: I came to one of your town members about *.month ago. I did this and we could slope this off. We would be going down a county road and he didn't say you had to apply for a permit. We would be very hnappy to put it in reasonable shape. I told him that there was a possibility that we would be putting the sand back. (The members of the Stillwater Township Board present held .a discussion on this matter) Mr. Rydeen: I have an opinion from the Attorney and the Board a:md we will allow it in an emergency. However, we will forward a letter to :you and we will have a resolution on our books to allow this. Mayor Powell: We have received permission from the County to use:* that road and with the State Highway we are in the process of obtaining thsat now. Mr. Rydeen: It will be understood that this is only for the dike*. Mayor Powell: After that we would then go through the normal prowess if we continue to take gravel from this property. Mr. Rydeen: What about the stop sign out there? Mayor Powell: We will have a policeman out there to direct the ttraffic. Mr. Rydeen: Our position would be that they would have to stop at the stop sign unless you have a policeman out there at all times. GREELEY STREET PROJECT: Mr. Duane Elliott reviewed the matter of the sanitary sewer and tthe lift station which will be put in on South Greeley Street for all thorns present. The proposed lift station in Stillwater Township would not nervethe area in the City of Stillwater in question. The lift station, hawever. in the City of Stillwater would serve the area in Stillwater Townshihp. In order to complete the street by fall we will have to put in these facilDities. Otto Bonestroo: The only comments I would have is if the Town of Stillwater have agreed to assess the property going to Stillwater. Something would have to be worked out to either alleviate this assessment or absorb itf as part of what we have done. I suggested to Duane that perhaps an economical comperision of double pumping be made. Is there really a lot of difference? We know that we have the capacity for the 50 or 64 acres in Stillwater. We diidn't set it up for that but there is a flexibility for that. Councilman Carlberg: You agree with Mr. Elliott that the one lifft station on the low spot :.f the lake would be sufficient for the whole area. Mr. Bonestroo: Our area wasn't set up for the City of Stillwater.. I think there is another ten foot drop there. Mr. Elliott: Greeley Street is 55 to 85 feet. This is a differenct of 30 feet. Councilman Carlberg: It would be a lot cheaper for Stillwater anad Stillwater Township to have one lift station rather than two. Which is goinag to be more feasible for economical if they pump into our system or your system? • (March 21, 1969 - continueed) • • Mayor Powell: It would appear to me that if we were to pump into Oak Park Heights it would be normal to assume that we would be able and as long( as we have a disposal plant of our own that it something that should be loofled into. We are talking about 2,000 feet which would be considerable money to suspend to rent the sewer service of another City. Mr. Bonestroo: We have to take all the costs. Councilman Lanm:ers: I think the reason that there are two systems in: the area possibly there are other areas which Stillwater could serve more: feasibly that Stillwater could serve better in Oak Park Heights. I ti.hink the problem is a little more than this one. Mr. Bonestroo: Yes, they are. Councilman Lammers: Especially areas in Oak Park Heights that Stillwater can serve. Mr. Bonestroo: Right now there wouldn't be any except up by the Clineic. There are some in there. Mayor Powell: Up by the Clinic, Ron, we have our least capacity? Ron: That is right because of the coot.ination system up there. Mr. Bonestroo: Was there an economical comparison made? Mr. Elliott: No, we haven't. Mr. Bonestroo: area? Mr. Elliott: they put in a What would happen if you took in additional acres in (the The City of Stillwater is taking off some of the load ec,aeh time new street when they separate the sanitary and storm sewers. Roger Short: These lift stations were set up for both storm and sanit.tary water. With an 18 inch forced main and with the current separation through St.tiLlwater the volume of storm water is being eliminated and this gives more capa.acity for the others. Councilman Carlberg: There are some new buildings out there, like these telephone company and others. These people are interested in sewer service. I. think this might make a difference on how fast they want this service. Mr. Bonestroo: There are other developments beyond that. Mayor Powell: Could you serve the telephone company and beyond this twithout a lift station? Mr. Bonestroo:How, yes. What is remaining to be served needs a lift station regardless. Mayor Powell: If you were to come to Stillwater and were charged thee same for your volume as you are in Oak Park Heights, wouldn't this be cheeaper than going the other way? This was the reason for ouySroposal primarily. Duane Elliott: This area could be served as it stands this way. Thee location would be down in the hollow. Mr. Bonestroo: The problem is there is an obligation against the 1944 acres. The project was ordered on this assumption. You just can't wipe out the obligation. Mayor Powell: On your side of the matter this would be more expensivee for us. I don't know why we are taking this long. If you wish to come linto ours. you are welcomed to do it if there is any money you can save. Councilman Carlberg: If you were to complete your system to serve thsLs land that belongs to Stillwater Township and you would put in a lift stati.:on would there be an additional assessment? • (March 21, 1969 - continued) 1.75• • Mr. Bonestroo: Actually the lift station this is part of the G. O.. bonding program. I don't know how you can work out the legal part of the assessments. Councilman Carlberg: Maybe we can get the ideas of the men of Stiillwater Township and Oak Park Heights. Mr. Short: Has this assessment been imposed? Mr. Eckberg: The project is not done. We have a contract between the two. Mr. Rydeen: We really can't make a decision until we get some acttual cost figures and detailed estimates. We just can't say. Councilman Carlberg: As far as our system is concerned the way wee have gotten everything drawn up it means that if this area wants to come in ino five years really it involves an expenditure of $500.00. If service was expeected immediately then it would mean a larger lift station for an additional $6,000..00. I think Stillwater, Stillwater Township and Oak Park Heights should get together if it is going to be cheaper to go one way. Mayor Powell: As we were discussing this with Oak Park Heights, beecause Oak Park Heights has their own system and Stillwater Township could goo either way. If you are talking about a cheaper installation, it is a smart times to do it. Mr. Elliott, we are talking about $6,000.00 additional in your lif'_t station and any other expense would be there any way. Mr. Eckbergs Somebody is going to have to pay for the secondary pl:.ant. Mayor Powell: If you were to pay for it by the gallon or however, it was. There was no capital investment, a gallon or flow type of expense. I would assume that would still hold true, Ron. Ron: I believe it did. Mayor Powell: Now, we are not talking about that. Whatever it wosu.ld cost to do it. Mr. Bonestroos You would charge the same sewer service charge as o0ak Park Heights? Mayor Powell: We are not talking about any capital investment and 1 don't know about a sewer connection charge. Mr. Bonestroo: The people would be offered the same charges as the0 people in Oak Park Heights, and the same here of reciprocating. Mayor Powell: Yes. Councilman Lammers: If we were to go toward the highway, what wou'_.Id be the connection charges to the City of Stillwater? Mt. Bonestroo: We have a $150.00 connection charge per unit. Mr. Short: There will be these charges involved and sewage charges: whichever way you go. There, is this contract between these communities on tlBe $50.00 per acre. All these factors are based on an economical comparison., Mayor Powell: Now, there is an alternative. You are talking about a Large forced main when you go South. Councilman Carlberg: Ron, how much more of a cost will be put on Nelson Street? Will that have appreciable bearing on the cost of the lift station? Mt. Elliott: Those stations are now serving 1,200 acres and we area talking about 250 acres here. Actually we are gaining. Ron: we are trading horses on this. • (March 21, 1969 - continuted) • • Mr. Rydeen: As far as the township is concerned we can't make a deciision on this. We would like to have a letter as to what your proposal is. We would like to have your figures to compare these figures with what Otto has worked out. Also what the hook up charges would be and now the secondary treatment will affect this. We are having quite a lot of discussion and it should not take us too long. Mayor Powell: We can proceed with the sewer line even though we don "t know how big the lift station has to be. Mr. Elliott: This is the major factor. Mr. Bonestroo: Can't you bid it both ways? Mayor Powell: Bid for Stillwater and Stillwater Township. Mr. Bonestroo: Yes, make an alternative on the two sizes of the lift: station. Mayor Powell: They will know then and we can accept it or not. City Attorney: There are figures to be considered legally on the contract with Stillwater Township. Hopefully it won't take too long to get this resolved. Mr. Short: It is better to go into bidding if you don't have alternatives and then complications can't come up. Mayor Powell: When we go to bids say we go on alternate bids, we are taking about a lift station that perhpas would be within the City limits. Me are not talking about anything going South. Actually what we are talkingy'about is a alternate on a lift station. We will have them available. Ron: There would be an alternative on the forced main on the lift station. Mr. Bonestroo: What about the secondary treatment? We would Ron: All we can do is to make policy decision of the Council. office. hook up and sewer like to have this rental charges if you go to in some type of proaceal. a recommendation. I have a copy of This would have to be a the last proposal la my Mayor Powell: If you can review that and up -date that. It shouldn'tt take too long to do it. Ron: This will depend upon the weather and how busy Mr. Elliott is. W. Elliott: These alternates on the pumps is the only way we are gsving to get the job out for bids this year. I feel that we won't get this job done while we have it out for bids. Hopefully that you will get some good alter- native bids which would be better than the estimates. Mayor Powell: I would like to see it done that way. Councilman Lammers: The only question here is whether Stillwater Township is coming together with us now. I think we should have some figures+ available. Mayor Powell: If you have your own sewer system and your own treatment plant, it seems like it appears to go to somebody else. Councilman Lammers: It seems to the people involved in the City of :Stillwater that we can save them money not to be involved in an expense of going to secondary treatment. We don't know if we will be saving money by go.Lng this way. Mayor Powell: We are talking about 2,000 feet of forced main. Councilman Lammers. We are talking about two lift stations side by :side and and oversized pipe. • • (March 21, 1969 - continued) 177 Mayor Powell: If Stillwater Stownship decides that they had better stay the way they are going to a lift station which they will need which will be cheaper than if we went to Oak Park Heights because of the distaence to take the forced main. That is a difference in money. Then you talk 'about when you have no sewer system like Stillwater Township. That makes ae difference. Ron: This property in the City of Stillwater is paying for our sewage treatment plant on their taxes and they will be paying to Oak Pant Heights for the service. Mr. Bond: Mr. Elliott indicates that he can go to bidding now. Are you ready to go to bid now? Mr. Elliott: we have left the lift station in abeyance. Mr. Bond: You had made a study of the cost of the system both: ways? Mr. Elliott: Yes, this is a rough $6,000.00 difference. This includes no hook up charges. Mr. Bond: This is the capital cost only. Mr. Short: The City shouldn't delay any longer and advertise fibr alternate bids. It will take up to a month to receive bids and during tins interim time you can resolve the problem. Since there is a time element involved this is the logical way to go. Mayor Powell: The water is already out there. Perhaps that coumld be billed as Stillwater is being billed. Could they be billed for their sewage like the people in the City do? Ron: I don't see why not. Mayor Powell: We bill the sewer based on the water usage during the months of October, November and December which are the months of lesser consumption. Mr. Bond: You say your estimate would be $6,000.00 more to sine your system to serve 194 acres in our Township? Could the City of StillwaStex give us a contractual letter that the estimated cost would be $6,000.00? Also that the usage rates would be no higher than those weare now paying.). Mayor Powell: They would pay no more for their sewage than thepeople in Stillwater pay for their usage. Mr. Bond: I think that is fair enough, plus the overage for tzhe water. If you put in a separate storm system on the secondary system on maintenance on that system what amount of amortization or if you put inproovemente in the plant. what would be that rate? If there is nothing, this is simply a matter of economics. If we can get around this legal hedge, there sknouldn't be any problems involved. You would clarify which rate you will change us. Mayor Powell: I would suggest that we have the Engineer and tihe City Attorney prepare this contractual letter and when they are ready we will). have a meeting to approve it and send it to us. We don't want to hold it up any longer. I will need a motion to authorize the attorney and the ermgineering depart- ment to come up with an estimated cost and to include the hooNk up charge and the rate that they would pay for sewage on a current basis noft taking any premium price. Is that agreeable? Councilman Melstrom: I so move. Councilman Wohlers seconded the motion. (all in favor). Mayor Powell: We would have to have a motion to advertise foot bids on an alternative type of bids. On motion of Councilman Wohlers, seconded by Councilman IHelstrom the Clerk was directed to advertise for bids for Local Improvement #82, South Greeley Street on an alternate basis said bides to be returnable at 4:30 P. M., Tuesday, May 6, 1969. • 178 (March 21, 1969 - continued*) • • Councilman Carlberg: How long before you can come up with a proposaal? Ron: In about week or ten days. Mayor Powell: We should set up a date for a special meeting. Ron: As soon as I can see that we are coming to the end, I can nat:Ley you and you can set a date. Mayor Powell: When we have the information and have a special meet_Lng, you are welcome to come to the meeting. (This statement was direct=ad to Stillwater Township and Oak Park Heights). It will be in a week or: ten days. MISCELLANEOUS Councilman Carlberg: We have received a petition for some street wvock in Fairmeadows. Is there any way we can include this in this year's street program? Mayor Powell: Everybody knows that to get this done it should be i::s by November. You can't always be a good guy and do it. Also Steindor Te is suppose to do that himself. Ron: That was Council decision twice before. Mayor Powell: He should put in his own streets and take his own biota. Actually he is not suppose to develop that without streets in advents. City Attorney: This is an old plat. We just vacated a street in tIbis plat for him. Mr. Loland: It was plated in 1962 and the Sub -Division Ordinance wars passed in 1963. It was in 1964 when they petitioned. Mayor Powell: Mr. Larson came in and wanted us to put in sewer, wetter and Streets for them. Ron: He has put in the sewer and water but not the streets. Mayor Powell: Does that ordinance state that if it was plated befome that we are liableto put in their streets and sewers? Ron: That is a legal question. Mayor Powell: According to our Sub -Division Ordinance you cannot aoccept a plat until this is done or shows that it is going to be done. They are accepting the city's financing on this program. Councilman Lammers: I was told at the time it was platted that they/ would have to put this in. Mr. Loland: If you really want to resolve it, you should have Mr. Helmet look at the ordinance and make a determination. Mayor Powell: Maybe you can review this with Harold sometime when Me comes up. RESOLUTIONS The following resolutions were read and on roll call was unanimouslyy adopted: 1. Order the Improvement, Approve plans and Specifications and Dirrect the Clerk to Advertise for Bids for Local Improvement No. 82 - (South Greeley Street). 2. Construction of a Dike (repass) • • (March 21, 1969 - continued I) ADJOURNMENT On motion of Councilman Carlberg, seconded by Councilman Lammers t:-he meeting adjourned at 5:42 P. M. Mayor Attest: /Je-44.1 Deputy City Cler 179` • • • • COUNCIL CHAMP 48 Stillwater, Minnesota SPECIAL MEETING The meeting was called to order by President Powell. March 28, 1969 3:45 P. 1M. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Powell Absent: None Also Present: City Attorney, Kimmel, City Engineer, Ron Ehlinger: City Administrator, Brower, Assistant to the City Administrator_, Lolands John Condon and Don Carlson of the Planning and Zooming Commission: Dean Charisen, Ken Johnson and Al Ranum DISCUSSION ON THE CONSTRUCTION OF THE DIKE Ron: Basically, I just spent one and a half hours with the Corp of Enginmeers and the Corp is willing to go along with whatever is your wish. If we dome t get any precipitation it will reach 689 and we can live with 690 without .e dike, but over that we are hurting and certain businesses along Water Strceet and the lumberyard would be at the point of no return. If we build we halve to start next week before the crest cones or do we not build a dike is th+me point to be considered. We would build it to the 693 orginal proposal. Mayor Powell: How high was the dike in 1965? Ron: The dike was basically 696 feet. Mayor Powell: You are now talking about 693. Ron: We are at the point of no return if we start it later than next wee:et then you are back to round the clock type of thing. Mayor Powell: Does anyone on the Council have a comment to make? Councilman Lammers: I think we should start on Monday to protect certain stategic places and not complete the dike. Ron: My suggestion would be similar to Councilman La:nners that we start at Nelson Street on the South and built it all the way to Hooley's Parking Irot and put it up behind the Consolidated Lumber yard and if it got to 687 yoca would have two feet of water if it was built to 689. If it gets to 689 t_he water would be up against the dike and you didn't build it for nothing. WVe would leave all the streets and tke railroad tracks open and block them sup at the last minute. Mayor Powell: I would frankly like to see that procedure followed. You get more criticism by not building one. Ron: We are looking at something like $8,000.00 to $10,000.00 cost of removing it if we put it up in this respect. Councilman Wohlers: They are all set to take off on a moment's notice. Ron: We decided, at my suggestion that Tuesday would be a better day as I would have to contact the County and State Highway Departments. We wouldl also have to barricade the parking area and get it on the radio. Basical_Ly one day is not going to matter that much. We talkedhe contractor and Tuesday is fine with him. • • (March 28, 1969 - continuedF Councilman Melstrom: It is your intention to build it to a certain length? Ron: It will be built to 692 feet and if we have to build it h.Lgher we can. Unless we got an excessive amount of moisture, we will allow anything up to 692 and we could allow for 693. We would have to sand bang the face and then put on polyethe)gne. Mayor Powell: Dean, do you feel that we should start then so tJnat we do not have a panic situation. Dean Charlsen: Yes, and can't the part up above the State Highway Garage be left there. Ron: Yes, and maybe in behind the Consoldiated Lumber Yard andl the State Highway. We would leave all the streets and tracks open until -the end. Dean Charlsen: I think it would be better to take the precautiims before rather than wait too long. Mayor Powell: Whatever is necessary with Stillwater Township mud whatever is necessary in getting the gravel out should be done. If we a::re suppose to send a letter, I feel that this should be done immediately. Councilman Carlberg: I move that the Engineering Department shoould proceed with the building of the preliminary stages of the dike as of next Tuesday, April 1st. Councilman Melstrom seconded the motion. Councilman Lammers: Have the contracts been let for this? Ron: This has been accomplished. Councilman Lammers: Howl 181 Ron: This as been done by the Corp of Engineers and they have oaken care of this. I supplied them with a list of contractors who had the necessary equipment for this job and they took it from there. Dean Charlsen: They pay them the going rate in the National Contractors Association. Mayor Powell: It is no concern of ours as it is their contract.... (The motion carried). PERMIT TO DEAN CHARLSEN AND KENNETH JOHNSON FOR AN APARTMENT BUIDLDING ON SOUTH BROADWAY -- Mayor Powell: In order to do this in the shortest possible time and get at the base of it. would you read your opinion, Mr. Kimmel: "Pursuant to your request, this is to advise you that it is my =pinion that the building permit which was granted to Dean Charlsen and Kenneth Johnson yesterday exceeded the authority of the Building Inspector in drat it was not consistent with the action taken by the City Council at its December 23. 1968 meeting in the following respects: 1. The building plot plan as submitted violates the provisaions of our Ordinance relative to front and rear yard setbacks. No variance, on this has been requested or granted. With reference to this matter I refer you to your Affidait of January 22, 1969 attached to this opinion as Exhibit: A. a copy of which Affidavit was submitted to Mr. Charlsen directly and to. Mr. Johnson through his attorney, Alert Ranum, on January 22, 1969, so there can be no question as to their knowledge of your and my opinions relative -to this matter. 2. It is my opinion that the Council action clearly contemppLated that the matter would be re -submitted to the Planning Commission prior to the time a building permit was issued. • 182 (March 28, 1969 - continued) It is my opinion under the foregoing situation that the adjoining p:eroperty owners are mandatorily entitled to an injunction preventing the erection of this building. McCavic v. DeLuca (1951), 233 Minn. 372, 46 N. W. 2!1 873, and this regardless of what stage of construction the building mighnt be in when the action is brought. It is further my opinion that you have no jurisdiction in the discretionary aspects of the operation of the Building Inspector's office since yyou have only such authority as is specifically granted you. The Building ]Inspector is the only administrative official having authority in these flattens his tions Councilcoroa board ofradjustmentOrindance) and dappeal cif one wore re reviewable molly by the were created by -the Council. It is therefore my opinion that this permit is revoked must bereveeked byion by notice from Mr. Lawson or by action of the Council. It is my r eCOm that Mr. Lawson orally advise the applicants that he is vacatingrt:ULppermit today and that this be confirmed by letter from Mr. Lawson, agrees that the permit as issued violates our Ordinance." (This opinion was addressed to Mr. Lester Brower, City Administrator) Mayor Powell: Can we have the minutes of the meeting where this wave granted? Mr. Kimmel indicated that he felt that this was not necessary. Mayor Powell: In order to expedite this let us have the pertinentt part. The thing we are trying to do is not to go around the Planning Commission. It was to go back to the Planning Commission for the architecturalI design, Whatever we do we want to do so correctly. (At this point Mr. Loland read the following motion from the minutes of the December 23, 1968 Council meeting regarding this permit) "Councilman Nolde: I would say we have a Planning and Zoning Commission and the six years I have served on the Council in most cases we have :followed the recommendation of the Planning and Zoning Commission. I make.ar otion that we accept their recommendation subject to the Engineering DeIP and Building Inspector's Department to see tK t the footings are ;properly installed. Councilman Melstrom seconded the motion. Mayor Powell: I would like to see included in the motion that airy design be gone over with the Planning Commission as to what might be best amalted cas M be Mr. Condon suggested at the last meeting. Perhaps the outside app gone over with the Planning Commission so that it would be compatedble to the area and that borings must be taken and these turned over to the Engineering Department. Councilman Nolde: I would include that in my motion. Mayor Powell: I don't want any responsibility put on our Engineering department, if we are going to do this. Councilman Nolde: I would include the design of the building bee approved by the Planning and Zoning Commission. Mayor votingowell: infavorwereCouncilmen Nolde All those the and Melstromraise their right hand - Mayor Powell: All those opposed - Councilmen Peterson and wohleers were opposed to the motion. Mayor Powell: I will vote in favor of the motion. (motion carried)" • (March 28, 1969 - continueed) 183 Mayor Powell: In discussing this plan somewhere or another we made a mistake in doing what we decided. In this plan there was a :lot of discussion of using South Pine. With this in mind it seems tto me that there was general approval of the building facing North. If this is not correct, then I was mistaken. Ken Johnson: There was a letter of December 3rd which was typed on December 4th. I don't think that letter was read to the Coursmail. This was a letter to Mr. Condon from Mr. Kimmel. Mr. Kimmel: It was read at the Planning Commission meeting. Ken Johnson: The first meeting that we had with you was the: 42 unit request and at that time we had the building angled across t:Jee lot. That is the only time. Mayor Powell: The Planning Commission has seen these plans a:md I thought it was their recommendation that Pine Street be used as the froent and it seems that the building must face this way in order to get that mesh parking space. Mr. Condon: No matter what you say the front is Broadway. Mayor Powell: They have to come before you now to request front, side and back setbacks or follow the ordinance and have whatever the setback is. They have that alternative. Mr. Condon: I think so. Ken Johnson: We have asked for and received this variance. _re we need it, it has been opposed by these three variances were opposed to as:being excessive. These variances have appeared in all our discussions and we 'talked about them. Mayor Powell: The variances that were granted were in the s:Lre of the lot and the heighth. Mr. Kimmel: That is right. However, as far as I am concerned that is what the Council granted. The action is completely void of any ae.rtion on front, side or backyard setback. I will agree that this does not stiow up in the minutes. I have talked to four or five people who were present at the meeting agreed that Mr. Charlsen said that and whether or not he did is also immaterial at this point. what I construe to be the action of the Counte11 is what I have said and I am surprised to hear he said it. Dean Charlsen: It was during a discussion where we would hatre to place it in order to get solid borings for this area and that was the same night that you granted this and we presented the City Engineer the locations of where the borings were to be made. Ken Johnson: I don't think that shows up in the minutes eit:.her. Councilman Wohlers: There was a location question on this bmilding. Mayor Powell: I will agree with Dean on what he says now because I remember the borings. This I do remember. Mr. Kimmel: It was in connection with the borings and they :hadn't taken it as yet as the location of the building was not determined. Councilman Carlbergs I was there and I do recall this that Lt was not definitely decided how this was to be put on the lot. Ken Johnson: It was on our plot plan which we showed to them Council that evening. (At the request of Mr. Johnson and Mr. Charlsen the min*mutes of the December 23, 1968 meeting on the hearing for this permALt were read by Mr. Loland). Mr. Kimmel commented that his statement recorded in the minu•stes regarding the setback was different from what he said at that time. If • 1.84 (March 28, 1969 - continued) e Mayor Powell: Do the members of the Planning Commission after hawing heard the minutes feel that you should again hear an applications for a variance in setback? Did you approve the plan as it was generallLy submitted to you? Don Carlson and John Condon: We did. Mayor Powell: Something was omitted in the wording of the motioea and it was interpreted differently at the district court. Mr. Kimmel: They approved the plot plan but not discussion as tzo setback for front yard, side yard and back yard. Don Carlson: We had a lot of discussion on this application. Mr. Kimmel: According to John Lawson there was no setbacks determined. Don Carlson: When I made my decision it was on the basis of thee plot plan. We are quite inadequate in our minutes to get down all thee information from the witnesses. My notes from this meeting might support thess and it may not. Mayor Powell: I think the way the case was presented in court was probably have to go into it again. Mr. Kimmel: Mr. Johnson has the notion that I am trying to pick: on him. There are findings of fact which were prepared by me and they sa•:y nothing about front, back or side or granting the variance. There is a mad mis- understanding somewhere here. The record to date does not grant a variance. The record has made findings that these were the variances grantee. Dean Charlsen: Mr. Condon will remember we showed you the same_:plot plan that we showed them and that shows there was no variance needed aas long as we had the others. Ken Johnson: This variance of 15 feet it was excessively talked about. All of these things were requested. Dean Charlsen: Yesterday we requested a building permit. Mayor Powell: There has been no variance requested for a variance on the front lot. Ken Johnson: I think our request before the Council was for three variances. All these variances were discussed very thoroughly. Mr. Ed Simonnst of the Planning Commission said in his estimation we did not need a settcack variance but I questioned him at that point but in case we do need it we we requesting it. In his legal opinion he felt that we did not need it. Mayor Powell: How soon do you wish to start building? Councilman Carlberg: I personally think we have gotten away from the main point. The way I see it according to the motion made in here beffore a permit be granted that these people would meet with the Planning Commisssion with a design of the building. I feel this has been violated and beforee you get the building permit you also have to meet with the Planning Commission to approve your plans and the aesthetics of the building. Ken Johnson: We requested a permit for a building with the variannces granted by the Council. Mayor Powell: John Lawson if youbuildany building that doesn't conform to your ordinance do you issue them a variance permit and then after that a building permit. John Lawson: If there is a variance it goes before the Planning :Commission and then the Council and then if it is approved a building permit: is issued. • (March 28, 1969 - continued) 185 e Mayor Powell: Our Attorney feels there were only two variances granted. It appears to me that the Planning Commission hasn't changed thesis mind any. Generally they were of the opinion that this whole plan wane more or less of what they approved. Then somewhere along the line one col them got dropped so that in doing the official it is left out. What we now have to do is go back to the Planning Commission to ask that you:: have a meeting and talk about the type of structure that you are going to have and also talk about the setback, if it is possible to do that. Ken Johnson: The delay has cost us about $20,000.00. Mr. Condon: Also there is an easement across this property by liSP. Mr. Charlsen and Mr. Johnson stated they would take care of it. I _just wrote a letter to NSP and I don't plan to have a meeting on this unti:L I hear from NSP. About what happened when were talking about this and discrassing it, i stood off of the Commission. I did not take part mostly as a n.0 ighbor but I did try to advise all the neighbors of our rights and in that : connection I brought up the question which is the front year, side yard anni back yard. I got an opinion from Mr. Kimmel and this was read to the Plann::Lng Commission. It was cropped as to whether or not they were asking for that. It is our recollection when I left the Council meeting that the Council g:lranted that. It was never a part of our group because Mr. Simonet felt we di._d not need it. Don Carlson: I feel the revised request did not define the these areas but the Planning Commission did review the plot plan and certainly .did cover all the variances that the individuals were looking for. Councilman Melstrom: I feel that we considered all the angles :et our meetings and I think the only thing that we should be concerned about tostay is the fact that the Council did recommend that the plan go back to thus Planning Commission for architectural design as far as Dean and Kenny arcs concerned. Ken Johnson: We are willing to bring back the building plans and get this approved. We have no objection. These things were all discusser' at the Council meetings. No variance was specifically mentioned in this minutes. In the discussion every variance was presented and opposed to. When the Council voted on it, they did vote on all three variances. Theme was no specifics mentioned in the area. We did ask for and receive thssm all. Councilman Lammers: I, too, now find myselr in an awkward posiition. My understanding was that the basic action was taken in the Council!. granting the proposed size of building, variance area and their heighth.. At that time and still even today it is not certain just how the buildiing was going to be located. The understanding of the property owners request that they would still have to have the location of the building to consitrer the setbacks and per Council action there several items to be considered. let was the intent of the Council that it would not go back to the Planning Commission. I think there are many, many inconsistencies. I don't know how a buildding permit can be issued. I think that there are extensive test that should ibe taken. Dean Charlsen: I talked to Mr. Wagner and he said in all possibility that line would go underground. John Condon: I think my intention is to wait until I hear frost NSP. The decision is made in Minneapolis and not by Mr. Wagner. Ken Johnson: We have been assured by Mr. Wagner that there wi:.LL be no problem. We have also been assured by them that it will be a :simple problem. Councilman Lammers: I don't see how the City can issue a bui.._ding permit until you have the final plans. The borings and the aesthetic:es should be considered and now another problem with NSP. We do have the a.Pinion of the attorney and that he doesn't feel that proper variances have !wren granted for setback. I think the problem here is once we issue this butIiding permit all control is lost. There are many unanswered questions that: should get proper procedure. • • 186 (March 28, 1969 -continued) • • Al Ranum: My understanding of Council procedure would allow the vaxiancs according to the plan submitted. The memo which has been referred to dated 12-4-68 referring to a Planning Commission meeting and followed by a second memo dated 12-31-68 states that this permit was granted att the December 23rd Council meeting. According to my understanding this building will be constructed according to the plan and as outlined on the plan. Whether or not the setbacks for front, side and back were granted fit was presented by the people who appeared in court and John Todd argued .then in court and the court has full knowledge of this. It is my undersrtanding that the Council did grant the variance then according to that plasm. We have the engineering matter which have been submitted to the City IBngineer and our Building inspector and there has been no objection to these engineering findings. These are borings and other findings. Ken Johnson: Preliminary plans of the building have been presenteod without Objection. These are being finalized for bids. It is the same basic building as the Planning Commission and the Council had at their meetings. Councilman Carlbergs I still feel that according to the motion mode at the meeting that you people would take this up with the Planning Commission basically as to the aesthetic value and the borings and based on these borings whether the ground is suitable for this building. Ron: Assuming that they do not re -locate the building. Councilman Carlberg: They should get together with the Planning Commission and interested parties to discuss any way they can beautify the buiilding. Dean Charlsen: In all of the apartment complexes or building unites, four plexes in the City of Stillwater, how many times have you had or stttated in your granting of the permit the question of it being suitable army question as to the aesthetic beauty of the building. I can cite name. Mayor Powell: All of the apartment buildings have come up before ttbe Planning Commission. The Washington Federal was one. The reason Wide was put in was to make it comply with the other houses in the neighborhood. Dean Charlsen: We agreed. We showed the plans to the Planning Commission and we didn't argue that point. Mayor Powell: This was one permit that was highly criticized. We are trying to appease the people in the area. I personally feel that this shonald go up. Dean Charlsen: We came in here for a building permit so that we knew that we can get the finalization of plans which is the biggest cost. Mayor Powell: Why does the delay cost money? Are you paying interrest on money? Men Johnson: Certainly. There are certain steps that we have to • take. Who is going to bid on a building when you don't have a permit? I have talked verbablly to several members of the committee. Mayor Powell: I would like to ask the Planning Commission to set sup a meeting as quickly as possible to interview and discuss the plans sand discuss the front yard setback with the idea at this meeting that Atr. Johnson and Mr. Charlsen will come with a letter from the NSP stat=.ing their position at the meeting. Then if you set up the meeting to odo it up in one package without waiting too long. I wouldn't like to ems the Planning Commission get picky at this point. You set the date for the meeting and if they don't have the letter then you go from there. Ken Johnson: Can we have a special meeting? John Condon: The 14th is the regular meeting. Don Carlson: I would like to have idea of what the outside appearaamce is going to be. I would like to see what your exterior and primeter its Like, your fencing or obscurity, the type of texture and color for exteriior design. It is the Architectural Control Committee and in this partticular apartment in that area we have the people in the surrounding area Co contend with. • • (March 28, 1969 - continued) 187 • • Dean Charlsen: Mayor Powell: because there be a problem. agreed on it. This doesn't satisfy the statement from Mr. Kimme.,L. He says the front of the building has to face Brows/way is no street at the North. This does not appear toe me to The Planning Commission has already gone into this; and Dean Charlsen: The address is 210 East Pine Street. Mayor Powell: If you get the NSP thing squared away and get the .aesthetic beauty taken care of . . . . Councilman Carlberg: I think one of your recommendations say that the building no matter how it is situated, the front of the building •would be on Broadway because of the way the lots run. Dean Charlsen: The lots run East and West. This is no longer individual lots but one plot. Mayor Powell: i would like to suggest to the Council and I think: some direction should be given to the Planning Commission. Wherver them Pianning Commission has a meeting and a request be submitted to them it bes a private meeting and any hearing to be held will be held here. It is undoes burden on them. Councilman Lammers: It seems when someone goes to the Planning C4wma ssion as an advocate the advocate shouid let the Planning Commission know their feelings. Mayor Powell: The Planning Commission could attend the hearing. They have to meet sometimes three and four times on one issue, and they are aware of the facts and still had the pressure and they should be allowed too discuss this by themselves. We will hear the same things they hear. Mr. Condon: We have had a policy. We would put the burden on thee person asking for it. Present a letter from the neighbors. I would likee to have closed meetings but I don't think we should. I try to go out and get people who are interested when we have a case. Mayor Powell: You have a hearing and we have a hearing here. Mr. Condon: Usually someone on the Planning Commission will call up the parties or if they want to protect their interests they come in tco the meeting. Don Carlson: The Planning Commossion will consider the aesthetic points of this apartment building including the NSP matter. This will in no way affect the granting of the variance of front, side and back yard setbacks'. Mayor: This was not officially recorded either in this affidavit to the court and the minutes that we have it doesn't officially state thaat a set- back was granted. It would be my suggestion to you that you petition for a 15 foot setback. Mr. Kimmel: Obviously, this is a matter of opinion. I believe J000hn Lawson agreed with me in the interpretation of the ordinance, in that this would be the front of the building. He didn't know how to decide what is the front of the building. As far as I am concerned this is something that was discussed sometime ago with the people involved whether oar not they needed it or not. Possibly we won't need this variance. Mayor Powell: Can we establish what is the front, what is the siode and what is the back? If there is no door on Broadway how can that be the front? Mr. Kimmel: How can you control a setback? I can see on objection to granting a variance. Mayor Powell: I think the people up there would want the buildingg placed this way. • (March 28, 1969 - continu•ed) r' • • Mr. Ranum: The building will set according to the plat and Mr. Pohl's house across the street would be the property to be concerned in this setbaeck. Mr. Condon: What do you do about the backyard? Ken Johnson: We have the 105 feet on the West. Mr. Kimmel: I don't think in the record one was granted. The problem is correcting the record. Ken Johnson: Do you recognize a variance of heighth being granted? Mr. Kimmel: It says that they approved the recommendation of the Planning Commission. Councilman Carlberg: The worst thing that can happen that you apply so thaat you can protect yourself against further losses. It is not on our legal bowls. Mayor Powell: I will ask that some legal action be taken now. As it stanods now the Attorney has stated what he feels is the case and I don't think thaat the Council could actually do anything different but agree with him becausee of the affidavit and because of the recommendation of the Planning Commiesiion that is just simply the way it was worded and a letter from the NSP and a hearing with the Planning Commission and the architectural design and ask tor a variance on the front yard, on the side yard and the back yard and then IS think that we can proceed from there. Dean.Charlsen: We didn't apply or consider applying for a permit until we bad a plan. Mayor Powell: You are going to have the letter from the NSP. At the same time you are going to apply for a variance which you may or may not need. It lmcks just like a routine thing. Ken Johnson: What if we are turned down now? Mayor Powell: In essence it has been omitted and this is being done to remtify it. Ken Johnson: Mr. Kimmel is putting a lot of emphasis on our original petition. We were told to come back with a more reasonable plan. we paid a filing fees of $25.00 to come before the Planning Commission. We had two petitions for vaseriance in heighth and area. Councilman Lammers: I would like to move that the Building Inspector be ixnstructed to vacate the building permit he issued yesterday and that this matter be xeeferred back to the Planning Commission and in this referral in the way of final pilaus showing the precise location of the building along with the submittal of tKke Planning Commission of the borings and take into consideration the aesthetiics of the building and the NSP matter and in the event final plans that a setbacxk will be required as to proposed location of the building be properly submitted. Councilman Carlberg seconded the motion. Ken Johnson: If you adopt the motion there will be no apartment building. We can't go ahead until we get the permit from the City and finalize the planss. Mayor Powell: Can we solve this problem this say, that Building Permit be granted providing that the Planning Commission will approve whatever was ixn the original motion plus the location of the building? You must then go to the.s Planning Commission for the aesthetic beauty and the location of the build:ing. Ken Johnson: We will be happy to wait for the final approval of the Planraing Commission. Mayor Powell: Explain to me why the Building Permit is an advantage to yowa if you can't go ahead until you get approval from the Planning Commission? Ken Johnson: Nobody will consider building without it. • (March 28, 1969 - continued:4 189 Mayor Powell: I can't see why it matters whether you get the p.'ermit now or later. Ken Johnson: This is just a delaying tactic. Councilman Carlberg: The day after you get the Planning Commisa:lon's approval you can go ahead with the permit. Councilman Lammers: I think we are putting the cart before thee horse. Dean Charlsen: Why not the permit in abeyance? Councilman Lammers: As far as the City is concerned we are bet+:ter off if we do things proper and if a variance is necessary that this be goons into. The variance for heighth and area have been granted. Yes, an additional variance for setback only to this Council. The only variance is the setI:hack required and that this request should be made. Ralph Thomas: When I laid out this plot plan to bring before tke Planning Commission it was the idea to get the setbacks and heighth and •this is what the Planning Commission looked at. This is what you people conukder when you are going to design any building around this variance of he:!ighth. Other- wise I may as well throw it out the window. We are talking aboutt a week or ten days delay. Mayor Powell: We have a motion and a second to consider. Thiswilleither: pass or not pass if the Council feels that this is to hold the buildiinq permit in abeyance until after the hearing if they vote it down. Councilman Lammers: It is a question of opinion if the setback was granted. Mayor Powell: If the Planning Commission cones in with an approoval on the set- back, we will probably go along with their recommendation. The Planning Commission can approve or disapprove the recommendation of the Hounding. They recommend a variance be granted if it is needed. They approved 'it once before. Ken Johnson: Then I don't think his motion is necessary. Mayor Powell: I will call for the question. (The vote on the motion was as -follows). Ayes: Councilmen carlbezg, Lammers and Wohlers Nays: Councilmen Melstrom (Motion carried). Ken Johnson: Why was it revoked? Mayor Powell: You are to meet with the Planning Commission to opt the aesthetics and the variance for the setback. RESOLUTIONS The following resolution was read and on roll call was unanimoumly adopted: 1. Authorise the Construction of a Dike. (Repass) ADJOURNMENT On motion of Councilman Lammers, seconded by Councilman adjourned at 6:15 P. M. Attest: l04 - - WN City Clerk Melstroam the meeting CSC - Mayor • • COUNCIL CHAMBERS Stillwater, Minnesota SPECIAL MEETING The meeting was called to order by President Powell. April 7, 1969 4:00 ;P. M. Present: Councilmen Carlberg, Lammers, Melstrom, wonlers and Presaident Powell Absent: None Also Present: City Administrator, Brower; Assistant to the City Administrator, Loland; City Attorney, Kimmel. RESIGNATION OF CITY ENGINEER Mayor Powell: Ron called me and said that he has two job offers arnd that he must let one of them know by tomorrow. They are for additional money than he is making now and he was wondering what the Council's attitude was re- garding the Engineering Department. We have a Charter Commission .who, will be working on the Charter and it was hoped that after the Charter ,Commission looked looked at this that the Water Department would be under the adminiistration of the City Council and if this were the casethen we might need ssomebody to be a general foreman and supervisor of the street department, t_he sani- tation department and the water department. If he takes this new:; offer then I would consider raising Jack Shelton to that job. He would :be: able to do the estimating and surveying for the matting and then itwouold be reviewed by an engineer if it is over $2,000.00. Ron would like tco: know what our feeling is because he would like to let this city or whatever it is know and would like to let them know tomorrow. He will be getting $150.00 more than he is getting now. Councilman Carlberg: According to Wayne's report that he had modes and I don't know too much more about it than that and I feel that a Cityv our size it might be more economical to go to a consulting engineering/ service. Mayor Powell: I talked to Duane Elliott who was at one time at Chnisholm. He said he had the same problem operating at the same cost but you don't get the same service. We do have that - know where your blueprints are att and who knows if you have figures. I think that Jack Shelton could also bkeep track of any plans that we have. Somebody has to know where they are. That was brought up and he did mention that he had the same problem. Councilman Melstrom: Would this relieve Jack of his duties at the Sewage Plant? Mayor Powell: If we decide that Jack Shelton would be the man to be as the department head, I think he has a man down there, that possibly could with a little additional schooling, could take over and we would have tto get another man there. Councilman Melstrom: Even with Jack we would have consulting engthneers. Mayor: Yes, except for the matting and sealcoating we could have this done for a reasonable fee rather than the 10% and they would check and only then it could go out on bids and be legal. City Administrator: That is the way I understood it. Councilman Melstrom: The feelings of the old Council was that we were going to use our own Engineering Department with the consultant. It seems to me that this hasn't worked out. Councilman Wohlers: if he is in the postion that he has several offers, let him go ahead. • (April 7. 1969 - °continued) Mayor Powell: Jack Shelton can run our surveying. I personaell with ithgthe henstrt department taking care of the patchingsay that Y would y bein moving in somebodytime else in the Sanitation Departmenand grading thegate thatp is 9ime here consolidatingtheand ; the Water Depart- ment if this ever twot and will ibet a :se sa of a lot of with us once can pees. Ron wants to know tonite. He said he until at least May 15th, and that he would like to know todaywouldestay is to let them know tomorrow. He has a chance and if here then because he you are saying that you would meet the price. Hesey mweeoo ednt him to stay offers because he felt he was not getting ahead here. 'socked for th ese heel in salary of $150.00 next year if we did ask him to aetay.e are about an Councilman Lammers: Are we going to talk to Ron as a Council?? mayo must rcall ehi: Nov him this evening. he s to know how the Council feels abouat this and I Coun have cinprocess? Lammers:Can we get along without Ron with the proogxams that we noLass?ss? Mayor Powell: I think we can. We have got Banister on Greeley Street. Wayne, what did we have for engineering in the last ten years in the report that you made out? Mr. Loland: A little over a million dollars, Mayor Powell: How much for consulting engineers? Mr. Loland: Something over a billion dollars. Mayor Powell: The Consulting Engineers charge 10 percent, If wee had a Jack Shelton here who knew where the things are filed and can pick them out. I think that then we c man like mold be without an engineer, Councilman Wohlers: As long as he has these opportunities 1 can "t but let the man take them up. see anything Mayor Powell: He is presently making $950.00. This means $1,1000.00. Coun n CouncirlmanrCthe ariberg: L am not in favor of letting him go. I thi:_ak it would be this came in at an pportuneati ng without an engineering departmerrtt. I think Mayor Powell: He said that he likes Stillwater. Whatever the Cowncil said he It is wants to chato keep nge. You can recommend that he stay here or go somewhere else. Engineering rDepartmenhim dangling, A year or two from now we mightt not have an Councilman Lammers: L would like to get Ron'9 thoughts on it. Mayor Powell: I think that the reason he approached me is to avoi._d a confront with the Council. What it really and truly amounts to he is makin_:'� a statement that he has a job for $150.00 more a month. Councilman Carlberg: In this way both have an out. Ron got a bettker job offer. The Council thought it was not fair to hold him back. At the same tine we try to operate on a consulting basis. Mayor Powell: 1 honestly feel that we have to look at how much we spent. I feel when you pay that much for an engineer and you do need an engi:.seer, you would be better off to get a younger man. I don't feel that he said the same as Duane Elliott told me. What doyou do plena? We canway, !Basically Street? Department.still maintain our own survey crewabout a fl these We can have Jim Dahlin in t and cwe can have elD1 in the I would call him tonite. Be wants tore office. I did to I11 Ron that know tomorrow, Councilman Lammers: Is it just the $150.00 less? Mayor Powell: Ron has two job offers - one is less and the other is He said I am standing still here and he is getting to the age stand still. If $150.00 more. a larger town he takes it, he will move. He s g where er can't 9 and he will be moving, till likes Stillwater. It is 191 • • (April 7, 1969 - continueed) • • Councilman Wohlers: He has the opportunity now and we were hanging fires in the first place. We can see whether we are going to run an Engineering Department or not. Mayor Powell: We owe it to Ron and we can look at the figures and come braak with them. The figures are clear. We are now talking about another person coming in and doing a multi -purpose job. If the Charter Commission comes back with a recommendation to put the WaLer Department under the City anted we can jockey the men back and forth between the two departments. Therm was an extra salary that would be saved. Mayor Powell: I feel that we have had enough discussion on the Engineening Department. We have three Councilmen who feel that we should talk to Rom and that he should accept this job. Councilman Carlberg: I would like to move that the Mayor be authorized to inform Mr. Ehlinger that we can accept the change. Councilman Lammers: I just would have hoped that we could have talked to Ron. Mayor Powell: Because of the dike and other things and I would say that from talking to Ron he wanted us to make his thoughts clear to him. Councilman Wohlers seconded the motion. (Councilman Lammers opposed). Mayor Powell: We have some need for a draftsman if you have a man like .Tack and he is to go to the Disposal Plant and he has to go out on various joibs. It is still good to have a man down there. Without an Engineering Department hewould have less drafting to do than now. City Administrator: If you are going to go to Consulting, you should maike a clean break and dissolve the Engineering Department - a part-time Engineering Department will not accomplish much and is too costly. Jack Shelton wou:.Ld be the general supervisor of the Sewage Plant. Mayor Powell: I suggest that we talk to Ron about it and we are concernutd about the rest of his men and how we can best use them and get his recommenda- tions. We don't have to rush this. WILDING PERMITS City Administrator: Duane Roettger called me the other day and asked me! Lf I would prepare some kind of statement to be presented to the Council tomo:.rrow night in regard to a permit that was illegally issued. Wayne has briefl:_y outlined the facts as follows: 1. The Acting Building Inspector, John Lawson, was on vacation from September 3 to 27, 1968. 2. During this period of time Mrs. Lowry, who had previously workred in the Building Inspector's office five months in 1966 and froon March to the end of June, 1968 handled the business of that of'_Eice. 3. The two homes needed an area of 10,000 square feet. Permit #1604 had 7,592 square feet and Permit #1605 had 8,008 square feet. 4. Mrs. Lowry stated that, "I issued the permits to Mr. Swayer without questioning him because he has been a contractor in Stillwater for many years and should know what requirements have to be met to build a house." • (April 7, 1969 - continue•&) • Councilman Wohlers: He has the opportunity now and we were hanging fire' Ln the first place. We can see whether we are going to run an Engineering Department or not. Mayor Powell: We owe it to Ron and we can look at the figures and come lack with them. The figures are clear. we are now talking about another perrson coming in and doing a multi -purpose job. If the Charter Commission come„a back with a recommendation to put the Water Department under the City anal we can jockey the men back and forth between the two departments. There• was an extra salary that would be saved. Mayor Powell: I feel that we have had enough discussion on the Engineering Department. We have three Councilmen who feel that we should talk to Ro:n and that he should accept this job. Councilman Carlberg: I would like to move that the Mayor be authorized -to inform Mr. Ehlinger that we can accept the change. Councilman Lammers: I just would have hoped that we could have talked tco Ron. Mayor Powell: Because of the dike and other things and I would say that; from talking to Ron he wanted us to make his thoughts clear to him. Councilman Wohlers seconded the motion. (Councilman Lammers opposed). Mayor Powell: We have some need for a draftsman if you have a man like ..Jack and he is to go to the Disposal Plant and he has to go out on various johns. It is still good to have a man down there. Without an Engineering Deparetnent he would have less drafting to do than now. City Administrator: If you are going to go to Consulting, you should maBke a clean break and dissolve the Engineering Department - a part-time Engineering Department will not accomplish much and is too costly. Jack Shelton woulld be the general supervisor of the Sewage Plant. Mayor Powell: I suggest that we talk to Ron about it and we are concerned about the rest of his men and how we can best use them and get his recommenda- tions. We don't have to rush this. BUILDING PERMITS City Administrator: Duane Roettger called me the other day and asked me if I would prepare some kind of statement to be presented to the Council tomorrow night in regard to a permit that was illegally issued. Wayne has brief1 outlined the facts as follows: 1. The Acting Building Inspector, John Lawson, was on vacation from September 3 to 27, 1968. 2. During this period of time Mrs. Lowry, who had previously worke.ed in the Building Inspector's office five months in 1966 and front March to the end of June, 1968 handled the business of that ofifice. 3. The two homes needed an area of 10,000 square feet. Permit #1604 had 7,592 square feet and Permit #1605 had 8,008 square feet. 4. Mrs. Lowry stated that, "1 issued the permits to Mr. Swager without questioning him because he has been a contractor in Stillwater for many years and should know what requirements have to be met to build a house." • (April 7, 1969 - continued) 9.93 • • City Administrator: Mr. Roettger stopped this morning at the office and he thinks that his house has depreciated somewhat and that he is seekin•:g some remedy or some compensation for this depreciation from the City of S..tillwater and that he has gone to his attorney, Mr. Todd and Mr. Todd told hire that it would cost him a lot of money to file a case like this one and he mi..ght lose his house He had hoped that the City Council would study it and coves up with a recommendation to him, whether they would want to turn this over Co our insurance company. Mayor Powell: Frankly, what would the insurance company do? City Attorney: Until he files a written claim, nothing. I suppose technically he might have a claim, although I don't believe the City is liable iin this type of situation. The contractor is in a situation where the present owner of the home where these people might compel the removal of one of these houoses. The houses weren't there when they left but were there when they came baeck to town. They did not see them go up. I don't think it is the City's fault that it happened, but I don't think the City will pay them any money. Mayor Powell: Would it then be the proper thing to turn this over Co the Attorney for his study? City Attorney: I have talked to Mr. Brower and his attorney. Mayor Powell: Could the Council direct you to negotiate some settlement of this case? City Attorney: No, I wouldn't want us to pay out any money. Mayor Powell: Possibly Swagers would have to pay some. City Attorney: We could compel Swager to move one of those houses. The only action would be to enforce our ordinance. Mayor Powell: Can you talk to Swager's and tell him what the Councill might have to do? City Attorney: I am sure Mr. Todd has no thoughts of making anybodyy move any houses. This is an impractical solution to the matter. Mr. Todd doesn't feel that it is enough to bring action. I just think our easiest way out= is we will leave this matter to our insurance company. He has got a lawyeer with whom he has consulted and so I think our easiest way out is we will turn this over to our insurance company. I don't feel that we are in a position too pay. Mayor Powell: When this is brought up, I would like to refer this tto our attorney and he would suggest what action we would take. City Attorney: Somewhere along the line everybody is aware of theses two houses because John Lawson mentioned it because of some other houses in the neighborhood. There has been some confusion about the number of square feet. John mentioned some other lots down the street that were too small. We have a lot of new houses in the City of Stillwater that are built on less than 10,000 square feet. In a Two -Family area you can get by with 7,500 square feet. In this area the minimum is 75 feet by 150 feet deep. Somebody along the line got the idea tfhat it had to be 7,500 feet. There are all kinds of houses in violation of thus. I don't think that we should go wild and make them move a lot of houses. Councilman Melstrom: What about the forty foot lots on South Sixth Avenue? City Attorney: They would have to get a variance from the Council and they have to grant it. It is not up to Mr. Lawson as a hardship case. Councilman Wohlers: One house is up ahead of Roettgers's house. City Attorney: There is some different in setback also. Councilman Wohlers: Your old ordinance said that you should line ulp with the other houses. • • • (April 7, 1969 - conttinued) • • City Attorney: This is a reverse thing on this. These houses face tthe other direction. Mrs. Roettger did mention that they don't set back the same amour: of distance. Councilman Lammers: This is unfortunate that this happened. Councilman Wohlers: I don't think this permit should have been issued. How come Swager's accepted? City Attorney: When he is on vacation somebody should be there to ismue this. Councilman Melstrom: This should have been referred to the Planning Commission. Mayor Powell: If there was no variance or nothing since it was mistaken to be 7,500 feet, there is no action that we can take on it now. GARBAGE PICKUP SERVICE CONTRACT. Mayor Powell: The Junker boys are having problems with themselves. Jack wants to buy Jim and Jim wants to buy out Jack and Jim has received seems money from Jack and he is suppose to sign sone papers and he is going to sue and it is very complicated and I called this meeting and if this Coumicil can exert some action from them and find out who are the owners and if Ube contract is being lived up to. We would be able to save the Junker boys from splitting up and continue our garbage service. Otherwise, it would be necessaay to buy some equipment and operate it ourselves. City Attorney: As far as I know they have already split up. They heave been split for three months, Jim has the Commercial and Jack the residential. Jack entered into an agreement to pay a certain amount of money in thhe corp- oration. They are split up and from talking to the two of them I dorn't believe there is any possibility of talking them into getting back together aagain. Mayor Powell: Jim wants to buy out Jack and Jack has already gone thtrough the motion to buy out Jim. If this is possible to do to have this Council take a stand saying that if Jim were to become the sole owner of this sanitary landfill company that the Council would allow him to do that. City Attorney: I really don't feel that you can unless there is a default in the contract. If he is performing the contract, you could refuse to release Jack from the obligations of the bond to perform but I don't think you can't say that he is not doing the work. Mayor Powell: It appears to me that if either one of the brothers were considered Jack is more easy to work with and because of this he be 000nsidered a responsible contractor. City Attorney: You have already entered into the contract. At the Stine you entered into the contract you had the right to make that inquiry, built I think that if Jim bought the company we are not going to go along with it. I think we would be in trouble. I think he would have an action againest us unless we compel the forfeiture of the contract. I think we have for all smarties con- cerned we have accepted the work of this corporation. We are dealing with the corporation and if somebody we don't know buys the stock of the corpooration and we have no reason to complain unless they do not perform. Mayor Powell: If we do say that we did not release Jack from the boxed, what effect would that have on the situation? City Attorney: Jack has talked about being relieved of all responsibtility. He would be left out of the responsibility of the notes. Mayor Powell: Jim are you still handling this for them? Councilman Lammers: I did represent Jim in splitting the corporatiorn but since I got on the Council I told him that it was complicated and I couldn't do it. I just gave him all the papers as far as they had been prepared.. Mayor Powell: What recourse does he have against Jack? He has reasen that he can sue him. • • • (April 7. 1969 - continues]) 195 Councilman Lammers: Jim won't listen. With the equities involved Mini hasn't a leg to stand on. - Mayor Powell: Will you talk to Jack tonite? Jack called me. He Hikes it here and he doesn't want to be sued by Jim. Councilman Lammers: I don't think there is a lawyer that will take the case. ed City Attorney: Again I have listenito Jack talk to his own attorney and I have talked to Theissen on the phone and he is just inclined to worry about it. Mayor Powell: You do feel that if Jim sues he is just wasting his Mime, because Jim hasn't signed the paper makes the City in no way legal. Councilman Lammers: This remains a problem. City Attorney: We would like to have it for records and we should !have it. There is nobody in the way in the consideration that would give him money for it. It is the assignments of the partnership to the corporation. The corporation was formed on July second and the corporation and the partnership has not performed. Jim has been a party to the whole transaction. The reason they formed the partnership was so that they could use the name and so it was a better interest. City Attorney: There was no question when Jack agreed to pay him mcsney that Jim had in this garbage contract is being transferred to Jim. Jack oringinally was the one who said we should split up. I don't pretend to pass on who is right or who is wrong in this matter. Mayor Powell: If they have to split up and it has to be run by someone, I would like to see Jack run it. He is a little more dependable. Councilman Carlberg: I think the City is mainly concerned with the contract with the corporation for a job to be done. We don't care what their internal problems entail. Mayor Powell: If we do something, what would that be? City Attorney: The only thing we can do is withhold pay from Jack and Jack will refuse to pick up garbage. Councilman Wohlers: Are both Jack and Jim on this paper? City Attorney: The job is being done by the corporation. All the equipment is in the corporation's name and everything they have is in that name. Jim would like us to have us put pressure on Jack and withhold the money. PETITION FOR THE DUMP Mayor Powell: Doug Roloff is circulating a petition in the area of Sthe dump. I took the minutes of the meeting and circulated them. I told them the problem that the City has to solve, and it was kind of a two way street. Councilman Lammers: It seems that we should be a little bit considerate of the area. It is growing and we do not want to violate it. Mayor Powell: He is farther away from people there than any other 'Place in Stillwater. I don't think we have a right to impose our lease on tl.he outside areas. Councilman Lammers: We could bring them out there but not burn then. There is another problem of dumping the acid in the pond out of the batteries'. Mayor Powell: As far as battery acid or oil, he is only to burn out.t there. Councilman Lammers: He shouldn't be dumping that there either. There are a couple of questions to be straightened out there. (April 7, 1969 — contiinued) • • Mayor Powell: He has done very well by the City. He is accommodatingu us when it comes to hauling snow from the downtown area. When you payy a man to do something and he does a good job that determines what kind of operator he is. Councilman Melstrom: He appreciates the fact that we are allowing himm to be out there, (This refers to Sherman Gordon) ADJOURNMENT On motion of Councilman Lammers, seconded by Councilman Melstrom the meeting adjourned at 5:10 P. M. Mayor Attest: City Clerk • • • 9.97 COUNCIL CHAMBERS Stillwater, Minnesota April 8, 1969 7:30 P. M. REGULAR MEETING The meeting was called to order by President Powell. The opening prayer was given by Wayne Loland, Assistant to the Cityy Administrator. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and Presaident Powell Absent: None Also Present: City Administrator, Brower; Assistant to the City AdHministrator, Loland; City Attorney, Kimmel; Acting Building Inspeeetor, Lawson; City Engineer, Ehlinger; Recreation Director, Blekunm; Fire Chief, Cormier; Police Chief, Abrahamson; Sewage Plant Supeerintendent, Shelton and Civil Defense Director, Dean Charlsen. Citizens: About 30 Press: Vince Hamann, Stillwater Gazette DELEGATIONS OR INDIVIDUALS (out of order) John Condon: We should be making plans for density and to control .density within a given block. You find you want to build an apartment house and y wl have to tear down new structures. We should try to get a policy to act against -them and it was not acted on by the Commission. This is my thinking and I would apppreciate any other ideas. I think we do need policies. Can't continue to grant- one and refuse another. At our March 25th meeting we reviewed Case #46 for the Hauge Apartmuents. It was previously denied because the streets are narrow for parking and be.+eause he was short approximately 15,000 square feet. He needed 45,000. This tine the matter was brought up again and it was passed. On Case #47 for Atlas Properties at South Brick they are applying f 'or a variance for side yard and land area and this was put over to our meeting of last evening. Case #37 for the Charlsen-Johnson apartments on South Broadway was .considered last evening for the front, side and back yard setback for 15 feet :hack and 15 feet front and we discussed it and it was decided and recommended t::hat they be granted. They also submitted the plans to us then and I turned these over to Don Carlson who is the Architectural Control Committee, and he is going; to work with Mr. Johnson and Mr. Charlsen. I doubt that the Planning Commission: will hold them up. There will have to be some published hearing. We will presuma:,hly have the report from Don Carlson before that. There is an easement across t::het: property for an anchor pole. Jerry Wallace assured us that NSP could take care of this in another way which would be no problem for which they still have to 'work out the legal procedures. we accepted the fact that there would be no prob.Lem in the easement. Case #48 was a request for rezoning at 315 South Third Street. This is just North of the high school. It is the old Luhman Store. There is one. other home and that is Lillian Driscolls. They want to rezone this so that th..ey could put in an antique shop and we recommended that we not just rezone just .this one piece and we suggested that the whole area should be rezoned Commereeial. The Bluff City property extends into this area and it should really be :zoned Commercial. It would be just better planning to rezone that whole square. It i:; zoned Multi - Family now. Mr. Kalinoff's property and the Bluff City Lumber Company property is already zoned Commercial. on motion of Councilman carlberg, seconded by Councilman Wohlers that ..e have the first reading of the Ordinance this evening and hold the hearing on .May 6, 1969 at 7:30 P. M. • • 198 (April 8, 1969 - constinued) • 1 Case #47 for Atlas where the man had Street. A motion Councilman variance he Properties Councilman Properties this was carried over from our earlier: meeting asked for 3,500 foot variance for a house on Soutte Brick was made to reject this and we recommend that this. be denied. Melstrom: I move that we set the date for the aring for May 6, 1969 at 7:30 P. M. for Atlas for a house on South Brick Street. Lammers seconded the motion. (all in favor). UNFINISHED BUSINESS (out of order) This was the day and time set for a hearing on a second reading of a proposed amendment to Ordinance No. 383, which would rezone the property on Sooath Greeley Street from (RA) One -Family to (RC) Multi -Family. The Clerk read the notice for hearing aloud; the Mayor inquired if tthe notice fcr hearing was published and mailed to the property owners a:nd the Clerk informed the Council that the notice for hearing was publisebed on March 27, 1969 and the notices were mailed in accordance with the Law. The Mayor then opened the hearing. James Simpson: Is this the Scullen property? Ron: It is on the West side of the street. This is not the Scullen property. Councilman Lamers: Ron, are you familiar with this property? There its only one map and possibly you could draw it on the blackboard. Ron: I can draw a sketch. This runs out to Orleans Street which is tLhe Southerly boundary. (Ron sketched the area and explained its locationII. William Bonse South Greeley Street I have a question about these apartment buildings. When they are built and ready to be rented are they going to be hooked up to the sewer system. Mayor Powell: I assume they will be. Mr. Bonse: Oak Park Heights or Stillwater? Mayor Powell: Stillwater, I would imagine. Mr. Bonse: Will Stillwater or Oak Park Heights bill the sewer? Mayor Powell: On the work that we have on Greeley before us now sewer lie contemplated to be put in to the Stillwater City limits and the possibiflity of including a part of Stillwater Township because of the natural drainaege in that area. The discussion came up that perhaps that Stillwater mightz.. hook up with the oak Park sewer and during the discussion it was diseussaed that this would be a long way to go. i would say it would empty into Sti_LL- water's sewer system. Mr. Bonse: Would this project be more valuable to my property? Mayor Powell: This is difficult to say right now. Mr. Bonse: I ha•.e another question. Whenever I get a notice it second one. When is the first one? is a Mayor Powell: In order to pass an ordinance you have to have two reading::s and it is when we have the second reading that we send out the notices font the hearing. Councilman Lammers: Did the Planning Commission deny this request? Mayor Powell: We received a slip here that says the Planning Commission denied their request and requested that Mr. Butts appear before them. 4 • • • e (April 8, 1969 - contlnued)I Leonard Anderson 1251 West Orleans Street 199 We don't know what they plan to do with this property. I would like to know how many buildings they want to put up there. I do think I would warnt to build homes on my property and if apartments are going to be there tlhen I don't know what to say. 2 would like to see some more homes out there. Mayor Powell: Mr. Donald Nolde is here tonite. Donald Nolde (Representing Archie Butts): Speaking in behalf of Mr. Butts this particular property is 31 acres. At one time this used to be the Erl._itz Rsady-Mix plant. At that time he stored his trucks and mixed his Ready -Mix thlere. The reason that we requested the rezoning is so that we can come in with! a plot plan and have it approved or disapproved. Before we did this it was necessary to request a hearing for rezoning to see if the people in the area are in favor. Mr. Matta has had a lot of experience and I am sure it will be an asset .to the City of Stillwater and I know he will cooperate with the Planning Commiss akon and the City Council. A piece of property across the streets for years was paying some $600.00 in taxes and now the taxes on the three new buildings will bee something like $6,000.00. I think it would be an asset to the City of Stillwatter. The property beyond this going out to the highway is Commercial. I am scare if you were to check into this you will find in order to rezone that you halve to come before the City Council and at the particular time that this came be:ifore the Planning Commission I was out of town and at that time they thought :it would be advisable to get some of the neighbors to sign a piece of paper and :I know that you must have a hearing. Any plans for this property would have to tee approved. Councilman Lammers: Is there going to be more than one building? Mr. Molds: We would have to comply with the Planning and Zoning ord.ILnance and this type of thing. Mayor Powell: Do you know approximately how many apartment buildings: you might build and the size they might be? Mr. Nolde: They would be similar to the ones on the other side of L..LLy Lake and facing Lily Lake. We don't want to create any hardship with thee people in the area. Councilman Lammers: I would like to ask Mr. Condon what their conceept was. Mr. Condon: We felt it was good but we were wondering if this low papet would be included which is on Orleans. Councilman Melstrom: We asked Mr. Butts to appear before the planniing Commission and get a definite commitment from the Planning Commission. Mayor Powell: Perhaps this property owner might be asked to attend the meeting. If it is to be done and to be right the Planning Commission feels this should be added in and he might avail himself if he knew about it. Mr. Nolde: Would the land owner have a right to be included in the petition to rezone? Mayor Powell: If he is in favor. City Attorney: I would hesitate to enlarge the area. It might haves been included before we held the hearing but now it would have to be a new notice of hearing. Mayor Powell: Mr. Condon, does this affect your decision any diffeaently? Mr. Condon: I guess 2 would like to talk this over with the members of the Commission. I think we would like to talk to this man. Mr. Nolde: I am sure if the man is interested he would be here. Councilman Carlberg: I personally don't think this fellow is going to tear down his house. I don't think this little piece is basically affected. I don't think he is going out to build an apartment building or duplexes. 2 don'ttt really know if it is that necessary at this time. • • (April 8, 1969) - contd inued) • • • Mr. Nolde: A piece of property is worth nothing until you put somethaing on it. After you have invested something on this property, then it is worth something to the City of Stillwater. It is going to take a long times to go in and do something and do it right. This evening we are petitioning' to rezone a piece of property. City Attorney: You can continue this hearing until the next. meeting Councilman Melstrom: I move that the hearing be continued next Tuesday and that the applicant appear before the Planning Commission so that they may study this and then it will be discussed again next Tuesday. We will wait for their recommendation. Mr. Nolde: Is it the intent of the Planning Commission to contact Otis particular person or is this the responsibility that you want me to stake? Mr. Condon: You can take it. Mr. Nolde: I have already taken it by petitioning. Mayor Powell: The administrator's office can contact him to appear eon next Monday night and if he wishes to be there and wishes his propertty be a part of this and he be notified and it would be up to his own discretion to be there. Councilman Wohlers seconded the motion. (Councilman Carlberg opposeod). This was the day and time set for a hearing on a second reading of a proposed amendment to Ordinance No. 383, which would rezone property .at - the intersection of Owen and Laurel Streets from (RS) Two Family to (CA) Commercial. The Clerk read the notice for hearing aloud; the Mayor inquired if tthe notice for hearing was published and mailed to the property owners and the Clerk informed the Council that the notice for hearing was published. on March 27, 1969 and the notices were mailed in accordance with the, Law. The Mayor then opened the hearing. No one appeared in favor or against this request. The Mayor closed the hearing. This was the day and time set for a hearing on a proposed variance tro construct a sixteen unit apartment building with 956 square feet parrking area variance and 15,000 square feet variance of lot area petitioned for by Lawrence Hauge. The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and mailed to the property owners tend the Clerk informed the Council that the notice for hearing was publidshed on March 27, 1969 and the notices were mailed in accordance with the law. The Mayor then opened the hearing. Mr. Hauge presented the plans for this building to the Council for ttheir viewing. Councilman Carlberg: Will this face Linden Street? Mr. Hague: Yes. Councilman Melstrom: What was the recommendation on this? Mr. Condon: They approved it with the nine parking spaces on the imiside. This will be referred back to our Architectural Control Commission ass far as the exterior design, etc. • (April 8, 1969 - continueed) 201 • James Simpson: Mr. Norgren and I own property in this area. We do not object but we would like to see the plans. Mayor Powell: They are here and you may look at them. Mr. Condon: It seems that we have a Planning and Zoning Ordinance. It specifies certain requirements for land area for apartments and the reason thaat you grant variances is for unusual circumstances. I see no unusual conditions here. I see none here but the commission was in favor of it, but I was opposed tto it. Mayor Powell: At a recent hearing, consideration is to be given or a study is to be made of our ordinance to allow for credit for inbuilding parking because it was pointed out, and not by this Council nor anybody from Stillwater that this is something because of the apartment building has not been incorporateed in the building codes and ordinances and most of them are all outdated. Itf is hoped that the Charter Commission would make a recommendation on this. Mr. Condon: A normal allowance for parking is 300 feet per unit. TThat would be 10,000 square feet less than the ordinance requirements. The Mayor closed the hearing. This was the day and time set for a hearing on a second reading of a: proposed amendment to Ordinance No. 383, which would rezone the property at 8417 North Fourth Street from (RB) Two Family to (RC) Multi -Family and a propos.:ed variance of 338 square feet variance for parking. The Clerk read the notice for hearing aloud; The Mayor inquired if -the notice for hearing was published and mailed to the property owners and the 'Clerk informed the Council that the notice for hearing was published on March 27, 1:969 and the notices were mailed in accordance with the law. The Mayor then opened the hearing. William Olson 821. North Fourth Street I am wondering how many families will be living in this unit and what:t will be the plan for parking? Mr. Condon: The Planning Commission denied it because there was not . enough land but there is no provision for parking. It is almost impossible to gust to the garage. Councilman Lammers: Were any plans submitted? John Lawson: Mr. Roettger is here this evening. Don Roettger: We intend to fill in the lots for parking and we asked 1 for five apartments but we would settle for four. John Lawson: Thereare two apartments up there now. Councilman Lammers: Is this an existing building? Mr. Roettger: Yes, we are going to remodel the main floor of the bu::llding. Mayor Powell: The main objection was no space for parking. Mr. Condon: How much parking could you get on there? Mr. Roettger: The way it looks we can get all we want. We could buy the Land North of this. Mr. Olson: Isn't the land North of the building owned by the State? Mr. Peulen: I own the property just North of theirs. Do they intend to put up a building there or just a parking lot? Mayor Powell: You were talking about the property North of it. • • e 202 (April 8, 1969 - continued). Mr. Peulen: Will there be a building there? Mr. Roettger: There is room behind the building for parking if it was f7LL1ed in. Councilman Lammers: There seems to be a lot of inconsistencies. We wowsldn•t want to grant a variance until we had more definite plans. Mr. Condon: I don't think you could park five cars in there. Mr. Roettger: We could park under the building. Mayor Powell: Gentlemen you have seen the recommendation of the Plannirsg Commission. Does anyone else wish to be heard in regard to this piece col property? The Mayor closed the hearing. DELEGATIONS OR INDIVIDUALS (out of order) Duane C. Roettger 1612 West Oak Street This is in reference to two homes on Seeley Street. Permits were granteod to build these two homes without the proper amount of land area as required by the ordinance. City Attorney: I have spoken to Mrs. Roettger on the phone and I talked with Mr. Roettger and I told him I would check the matter out. The circumsta:mce which exists out there is that this is an older platted area in the City.. The contractor took two plats and split them differently. At the time the peerndts were issued Mr. Lawsonwas on vacation and the permit was issued by one of the secretaries from Mr. Brower's office. It is my opinion that the permits were not properly issued. Mr. Roettger was out of the City when these two hoewses were put up there. Mr. Roettger has indicated to me and I have discussed] the relief of a monetary value for violating his property. I would suggest that somewhere along the line if there is a financial obligation the builder maLght be responsible and leave this matter to their liability carriers. It seemss. this is the normal procedure. i don't believe that it is the City's liab_41Lty or responsibility to bring action against the builder. If Mr. Roettger weans to do this, he may do so. The only action that we can take is compel the removal of the houses and in fact of the past history a lot of lots smile." than these have houses built on them. I don't think we would be in a position to do this. We could refer it to our insurance carrier and advise the buildees involved and suggest that he get in contact with Mr. Roettger. Duane Roettger: I don't want any monetary value. I think the houses shorald come out. Nothing is legal. They did not line the houses up with my house. City Attorney: As far as the setback it is not my opinion that these houseas are not in violation of the setback or the ordinance. The houses do confootm so far as setback but there violation is in lot size. I think Mr. Roettgeer should take the action and the City is not in a position. I could point oast ten houses on smaller lots than these two are built on. Duane Roettger: Then the person I have to contact is Swager Bros. (Mayor Powell had to leave at this point in the meeting due to an emergency and Vice President Melstrom took over). City Attorney: I think the permits were improperly issued. We have all kinds of houses out there that are in violation of the ordinance. Duane Roettger: Why should we bend and twist the laws? City Attorney: I agree with you that the permit was unlawfully issued. Minis is the interpretation placed on the ordinance over a period of years. Councilman Lammers: I understand that the person in charge knew what the ordinance requirements were and the statement was made that the cont actor is liable. • • • • (April 8, 1969 - continued) City Attorney: It was his understanding and if he was contacted he prrobably would have issued the permits and would have thought the lot sizes were in compliance. John Lawson: It is quite possible that I would have reacted the same way and issued the permit. Harold and I have discussed this and it was after this discussion that some of this was known. City Attorney: There was a discussion on the Planning Commission and the planning Commission came up with the 10,000 feet in some necessarily Min the older platted areas. We are wrong but it is a question of what should] be done about the monetary matter. I don't believe that we are in a position to ask the contractor to move the house. Vice President Melstroms Probably we should refer this to his legal aedvice and take it from there. It seems according to our attorney there is nothiing that we can do. Duane Roettger: When someone comes down to apply for a permit shouldrnm't there have been a variance applied for when the Planning Commission looked iinto it. Nr. Wohlers viewed this last night. 203 ` • Councilman Wohlers: This whole street is a mess. Mr. Condon this 10,m00 square feet, did these people come in for a hearing on these two lots? Mr. Condon: No. Councilman Wohlers: There is a man down the street from Mr. Roettger -who can't move in any direction. Mr. Condon: The things that come to the Planning Commission are those that need variances in setbacks or rezoning in most cases. City Attorney: Mr. Wohlers they have been building houses on these loots ever since this ordinance was put into effect. Councilman Wohlers: Everytime there is a building built there is an agreement. Mr. Nolde: Let us assume that this is a home built on Myrtle Street. There are a lot of people building on these lots that were platted years ago. Councilman Lammers: This is an extremely unfortunate situation. The City blew it. It seems that there is quite a history of these mistakes and it Lie unfortunate, and as it is determined by the Council and the City does have a legal obligation. I think there has to be some further initiative on your part. Vice President Melstrom: Does that seem reasonable to you, Mr. Roettgeer? Councilman Lammers: We do not have the right to make a monetary paymeent, if anything it would be something physical. City Attorney: This property has changed hands and the persons presently living in the houses would suffer rather than the people who built the house.. I am sure they are spec houses. Councilman Lammers: Mr. Lawson have you contacted these particular bunElders of these homes? John Lawson: No, I haven't. Councilman Lammers: Is he familiar with this? John Lawson: I am sure that he is not. Councilman Lammers: Do you think that it would be wise to contact thee contractor? John Lawson: What the contractors do now is that they show a plot plan to me with all the setbacks but I will so inform them of the fact. Vice President Melstrom: we will have this up to Mr. Roettger to follow it up. (Vice President Melstrom declared a recess from 8:55 P. M. to 90:08 P. M.) • (April 8, 1969 - continued) • • PETITIONS (out of order) From property owners, residents and voters living within the corporate limits of the City of Stillwater and in the area and neighborhood of the so-called abandoned Stillwater City Dump located on West Myrtle Street objecting to either re -opening of this dump for general or limited dumping purposes or the use of said property for the purpose of a junkyard. This petition was signed by 121 petitioners in the area. Al Ranum 317 Birchwood Drive North I am one of the residents in the area and 16 others here are concerned with the matter. At the regular meeting about a month ago there was considemmat ion given to renting this so-called City Dump to an individual for the purpose of burning and storing junk cars. I was present last summer in this Coca:mil Chambers when a mandatory pickup was adopted by the Council and assurances was given that the dump on West Myrtle Street would be permanently closead. Everyone that has signed this petition is concerned with the use of the property at the present time. Martin Michaelis 1414 West Linden Street I think Mr. Ranum said everything and I got 74 of the signers on this petition. Vice President Melstrom: Again how many of your people were present at the meeting, in spite of the fact that probably the use of the old dump areas for burning of a certain few cars isn't proper but at the same time it relieves the City of junk cars on the City streets. This is something that was brought up at that time. Mr. Ranum: I had this same explanation as being a continued use of the dump. When I moved in the area the dump was closed. It was subsequentllyy reopened temporarily. I have had the reasoning but that the reason for allowing this dump to be used for the burning of automobiles that are abandoned and perhaps bther season of the year they must be disposed ofr and towed away. I. inquired and Pilquist would tow away any cars in the Cityy of Stillwater to his property and at his expense and would not charge the City for this service. Councilman Wohlers: He would come when we called him. Mr. Gordon has Mons this during the past winter. The idea of trying to get things out of theme way has to be immediately and not at his convenience. Mr. Ranum: I can see that the problem does exist. Councilman Wohlers: There is something else that we can do with this property. This is City property. The City can collect these cars and tasks them out there. You are trying to be foxy. Mr. Ranum: We had the assurance of the Council that this dump would be closed. No one is trying to be foxy. Roland Boucher 411 West Laurel Street How about the cars that are brought out there from out of town? How comma they load them up on semisand park them down in the other parts of town?9 Now you have junk cars on the other end of town since you closed the dummp. Mr. Gilman: I am a new comer here. I think this is a real eyesore out there. This tends to lend to air pollution, andtends to look like an industriall site. Richard Anderson 1517 Meadowlark Drive I do think that we really cone here to see when the dump was closed - whnether they were given a permit to operate a business there. As far as who is bringing the cars in there is another thing. The thing was closed and c Losed (April 8, 1969 - continued) 205 • • permanently. My personal opinion when I first called and found tint out that no permit was granted for use and I wanted to file a complaint. There has been no permit - the City asked him to leave and he just left the stuff tthere. I think he has imposed upon the City and the land owners out there. I tlhink there was a long time that he was burning there without permission. Nobnody did nothing so why shake the apple cart. Also there was dumping of oil :and residue in the pond adjacent to it. Councilman Wohlers: The oil is there but not in the pond. Richard Anderson: The thing is closed and he should be asked to leave aped if he doesn't . . . . Vice President Melstrom: Mr. Gordon isn't operating out there against tLhe rules of the City to continue to use it as a storage place. Councilman Lammers: It was my understanding that there was some kind of` notification given to Mr. Gordon to close out of this property. Vice President Melstrom: That was intended. The request was extended. Councilman Wohlers: This is one of the meetings that we had here. Mr. Anderson: If he got permission, it must have been a secret meeting. Tour City Attorney is not aware of it. You have got to have records of the meetings and you can't have verbal things on such meetings. He should be fined o_.r something. Councilman Lammers: I don't think a fine will correct the matter. It is my opinion that there definitely should be no burning out there and definiteely no dumping. It does affect established residential areas and it is adjacent to areas that will be developed. If it is continued it could deter the areas from being developed. Councilman Wohlers: We have to do something for the time being until something is arranged. Mr. Anderson: I would say until such a time as the land is sold. That its on a month -to -month basis until the land is sold. Councilman Wohlers: We could throw him out there any time we want to. Mr. Anderson: It wasn't a temporary deal until a piece of land was sold to help Mr. Gordon out. You don't even have a price tag on it. I offered to buy/ it and you couldn't give me a price on it. Councilman Wohlers: It is going to be appraised. Councilman Carlberg: I am personally sympathetic with the petition. I rreally don't think there would be any dumping or burning out there. The people South of there I don't think this is going to sell homes or increase their tax base. I would think that we would have to have a full council to vote on it. II would be in favor of ceasing dumping and burning out there. Vice President Melstrom: There is no dumping. Councilman Carlberg: There is storage. I •would rake a motion that it wovild be better to wait for a full council to take a vote. Mr. Ranum: The matter will then be considered at the next full Council meeting. Vice President. Melstrom: This is a matter that is being considered at praactically every meeting. We are trying to resolve it. We are not trying to penali::e one of our business men too severely. Mr. Ranum: will the matter be considered at the next Council meeting? May we have a set date on this? Councilman Carlberg: I make a motion that we hold this over to the next meeting which is April 15th until we have a full Council. • • (April 8, 1969 - continued) • • Councilman Lammers: I feel very strongly as John does that it is a prrohlem that has to be wiped out and there has to be some consideration as to .what Mr. Gordon will do. I don't think that we should ask Mr. Gordon to tai,ke his cars out tomorrow. Mr. Ranum: We want you to know about our feelings and where we stand .ton these matters so that you can gauge the response in the area. We woul._dl like to pass the word along if anyone is interested they can be here. Vice President Melstrom: I can assure you that there will be some con-:- sideration given to this when you people feel it necessary and I need :a second to John's motion. Councilman Lammers seconded the motion. Richard Zeuli 1519 Meadowlark Drive Do you think with this information that you have the cars there being stored and he does have this problem, how about the burning can we haves that stopped? Councilman Carlberg: We have entered into an agreement with Mr. Gordon on a month -to -month basis. City Attorney: The action the Council took at the last meeting was to prepare an agreement that I was to bring back to the Council. No said figure was set for this but it was Council action that he could stay there until they arrive at a lease. Councilman Lammers: I have been told at the last meeting that it is not absolutely necessary that they have to be burned out. Possibly we coul._I get some explanation from Mr. Gordon on this. Mr. Gordon: We have no intention of staying out there any amount of time. Six, seven or eight or nine months ago my father, and the Mayror investigated the possibility for a place for the said purpose of storing' and demolishing cars. For several reason this was not possible. This idea of using the old dump on a temporary basis was the immediate solution. We have several plans in mind for remedying the situation. They are in a tentative stage. As far as the idea that Councilman Lammers mentioned itt is true that there is a dealer in St. Paul who will buy the cars even thougg2m they are not burned but there are several conditions on which he will bwy them and one of them is the price is way down. Consequently we are demoTlishing these cars and burning them out there in order to get a higher price. ume would just as soon not lose money on the cars. The problem is one of tithe City Council granting us permission to use the old City Dump for a spot for demolishing cars and burning them out so that we can get them off the stt eeta and sell them and make a profit until our plans are permanent. If we ame ging to continue to buy cars for the City of Stillwater, we will have too burn out the cars. Citizen: How many cars did you pick up? Mr. Gordon: Last winter about 35 to 40 cars in a three to three and onem- half month period. Citizen- How many cars have you taken out there since the first of Januaary? Mr. Gordon: Since the last Council meeting they requested that we have nno more than 15 cars out there and there has been a limit of 15 cars and wee have requested our drivers and buyers to stay within that limit. No more than 15 cars at one time. Mr. Gilman: You are bringing in cars from outside of Stillwater. Mr. Gordon: We are taking them all from the emcompassing areas. Mr. Boucher: If your Townships don't want to accept the cars, why shouled the City of Stillwater? • • (April 8, 1969 - continued) 207 • Mr. Gordon: If no one accepts the responsibility to do it, consequermtly what is going to happen you are going to have small junkyards in the area. It is a value judgment. Gary Harvieux 703 West Pine Street. What was the problem with Mr. Ranum's suggestion in having Mr. Pilquulst come and pick up the cars? Councilman Wohlers: One problem is the pick up time. When they havice to be picked up, it has to be done now and not at his convenience. Joyce Schmidt: Let us ask him. Mr. Anderson: I still think we are going the wrong way. Nobody is .doing us a favor by taking the junk cars. Haase would take all of them that I •would have had when I was in the business. Nobody is doing us a favor by getti:.ag rid of these cars. There is no and ifs in this temporary thing. You have •to draw the line and not let it be temporary. Mr. Gordon: There seems to be a great amount of questioning the ideas of doing a favor. I wish that I could say that we aremaking a fortune picking up junk cars. What we make on junk cars is what I call a very small profit.. -In fact when we buy a car we have to buy them and you have to consider we cam at least break even because 80% of a car is made up of tin and tin is $10.00 1per ton. Hauling four bodies to the Cities is a gross on the tin on $45,00, snsbtract the cost of labor, the cost of gasoline, the cost at the moment of rraating. land from the City to put these junk cars on and make a final subtra..etion of the original cost of buying the car and see what you have. Mr. Anderson I know what your next question is going to be - how can the dealer's pommy- that.. much? I happen to know that he gave you a jacked up price and he is; a relative of mine. Councilman Lammers: The operation has got to go. The only reason auction is delayed so that we will have a full council. Mr. Gilman:Could we ask that the City abstain from signing an agreement? Councilman Wohlers: It is in the process but nothing definite has bween signed. (All voted in favor of the motion). APPLICATIONS On motion of Councilman Carlberg, seconded by Councilman Wohlers, One and Off Sale 3.2 Beer Licenses were granted to Ralph Otte (Nappy's Harbor), 517 North Owen Street, Stillwater, for a period of one year. (renewal). On motion of Councilman Carlberg, seconded by Councilman Wohlers, One and Off 3.2 Beer Licenses were granted to B. Janes Meister, 901 South Fourth Street, Stillwater, for a period of one year. (renewal). COMMUNICATIONS From the Stillwater Police Association requesting the City Council tto establish a Police Civil Service Commission. On motion of Councilman Lammers, seconded by Councilman Carltiierg this natter was tabled until the Mayor is here at the next meeting. Second request from Mrs. Floyd Spaulding, 318 South Sixth Street fors an adjust- ment in sewer revenue billing. On motion of Councilman Lammers, seconded by Councilman Carlbnerg the request for the asjustnent in Sewer Revenue billing for MIS. Floyd Spaulding was denied. (April 8, 1969 - continuedd) • • DELEGATIONS OR INDIVIDDAIS Peter Miller: My bond for excavating was rejected and I guess the resaeon was the project out on South Greeley Street. I sublet the black toping and they did not perform and I got the heat and I am responsible for it. Finally Swager did something about it. I am here tonite asking for re- consideration of my excavation permit. My bonding company never notiified me that this was rejected. Councilman Carlberg: When was this permit denied? City Administrator: It was late last fall. This matter came before thne City Council and we had a complaint about the work and the Council rejectesd the bond. The insurance agent was notified and he informed me that he would let Mr. Miller know but this was not done. Councilman Lammers: Was Mr. Miller asked to appear before the Counci..L? City Administrator: No, I am sure not. Councilman Wohlers: These streets are getting torn up and deplorable. know the problems that you had but I don't know who was to blame.. Leine, on this bonding when there is a bid job, then isn't the bond to take ocare of it. City Attorneys The bond is to insure that the work is done properly Evidently no claim was made to the bonding company. Councilman Wohlers: If no claim was made, this he can't help. Councilman Carlberg: I don't see why Mr. Miller should be penalized iiE all of these people are doing this. Peter Miller: You can't blacktop an open trench until it is compactedl. There is an inconvenience in the process. Ron: It was last fall that we did this and this was at my recommendaticon that the Council cancel his bond primarily be:ause we have had several.. trenches of Miller's. Whether he was to do the bituminous or not, I deem not know. We could care less who is the sub -contractor. We had one on Lame), one on South Fourth and the one on Greeley Street. The one on Fourth Sttreet caved in and we had to take care of it. This was the basic reason fon this. Mr. Miller was contacted on several of these to keep his trenchees filled up. Councilman Wohlers: Why wasn't his bonding company approached on thin-0 Ron: Primarily it isn't a simple matter to work with a bonding companyy. By the time you notify the bonding company and they notify him you coulld have several accidents and have a lawsuit of several thousand dollars. Councilman Lammers: I think it would be wiser that Mr. Miller should htave been asked to come in before the Council. Would it be a recomeendatio:m that the Council continue to deny the renewal of the permit, Ron? Ron: I think under the circumstances if the Council so desires, you would re -issue this excavation bond for a period of one year and Mr. Miller understands that we are contacting his bonding company. Councilman Carlberg: My feeling on this is that I would be in favor of= giving you your permit back with the understanding that a little more c:are be taken in the future and if we do have any quams in the future that y'ou permit would be revoked permanently. I would make a motion to grant Mr-. Miller the excavation permit or bond for one year. Councilman Wohlers seconded the motion. (all in favor). UMW • (April 6, 1969 - continued)$ s PETITIONS From property owners abutting on Crestwood Terrace from Fairmeadows Road to Interlachen Drive for a proposed street improvement. Councilman Carlberg One percent of the property this. We do not have allthi the engineering othearing on this, owners signed on this and turned this and the Ci±y has done over to the Ci_ty. Ron: Yes. Councilman Carlberg: You don't feel this will be a hardshihp. Ron: Right. City Attorney: The property owners have agreed to pay all. of it. There is no problem for this particular street. Councilman Lammers: There are other streets that we problem in this area. might Move the same City Attorney: There are other streets that are not in and are platted. Councilman Molders: They go according to City regulations ass far as building the streets. Councilman Lammers: Do you anticipate that there might be soma problems? City toppoeed and are being ing a number on. of streets out there that :are not City At ee are lived Mr. Remich. We want the street and we are willing to pay for it, and the people are aware of it. Councilman Wohlera: How can we turn them down? Councilman Carlberg: I move that we accept the work for Crestwood Terrace and advertise for bide with street petition of rhea street work for this year. the react of the Councilman Lammers seconded the motion. (all in favor). CITY ADMINISTRATOR'S RE RT None UNPIN/SHED D R- Variance permit for Lawrence Hauge-- Councilman Wohlers. This space under the building is for 16 cars and you also have some outside parking. Mr, Hauge: Yes. Councilman Carlberg: Will this new building be in the as the old b uigsame space Mr. Hauge: Yes. Councilman Lammers: Were there any property owners at the Planniner Commission meeting? Mr. Condon: No, they ware not notified. Councilman Lammers: Any particular reason? Mr. Condon: We don't necessarily have to notify them. We tannig. We used to make a big effort to notify big hearing before the Council, had no audvant have anywe have d them but since they have way of sending out notices, one less of that. We odmn't 209 • • (April 8, 1969- continued) • • Councilman Carlberg: I move that we approve the variance for the Hauge Apartments. Councilman Lammers: I am very much against apartment buildings in residential areas. It behooves the City to do this. It adversely affects the surrounding areas. Councilman Wohlers seconded the motion. You have apartments and a resthome in the area. This is my basic reason for seconding :he motion. (Councilman Lammers was opposed to the motion). Variance hearing for the Apartment on South Broadway - Case No. 37 - Councilman Carlberg: I would make a motion setting the date of this variance hearing for the apartment building on South Broadway for Nay 6, 1969 at 7:30 P. M. for the setbacks. Councilman Wohlers seconded the motion. (all in favor). Councilman Wohlers: The apartment will face on Broadway. Mr. Condon: Yes, but it will have no entrance but that is where they will face. Councilman Lammers: The front yard is on Broadway. Councilman Wohlers: The address is on Broadway. Mr. Condon: The long way will be from East to West - the narrow way will be facing toward Broadway. NEW BUSINESS On motion of Councilman Carlberg, seconded by Councilman Wohlers the Building Inspector's Report for March, 1969 was approved and ordered filed. On motion of Councilman Lammers, seconded by Councilman wohlers the Clerk — Treasurer's Report for March, 1969, was approved and ordered filed. On motion of Councilman Wohlers, seconded by Councilman Lammers the fire contracts for Stillwater Township, Grant Township and the Township of May• were approved for the Mayor's signature. Minutes of the Planning Advisory Commission of March 25, 1969 as mailed tic. the Council members were ordered filed. On motion of Councilman Lammers, seconded by Councilman Wohlers a variance hearing for Atlas Properties, 318 South Brick Street was set for May 6. 1969 at 7:30 P. M. ORDINANCES On motion of Councilman wohlers, seconded by Councilman Lammers. the Clerk made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383, 'ZONING ORDINANCE OF THE CITY OF STILLWATER' " (Re zonning of Owen and Laurel Streets for Gerdy Thomas). The ordinance was read section by section followed by roll call after eaceh section and all members of the Council voted in the affirmative. The chasir then put the question, "Shall this ordinance pass?" and on roll cat). the ordinance was unanimously adopted. • (April 8, 1969 - continued) 211 • Second reading of an ordinance rezoning property at 807 North Fourth Street for Donald Roettger and a variance for parking: Councilman Lammers: Until he comes in with a more concrete aned definite plan we should hold off on this. Harold, what would he the procedure in not having the second reading - do we need a motion to carry it over? City Attorney: I would just move that this application for rezoning be denied. If you are going to carry this over then you would need an appropriate motion. Councilman Lammers: I would move that this application be denied on the basis that insufficient plans as to parking and general plans have not been submitted. Councilman Carlberg seconded the motion. (all in favor). RESOLUTIONS The following resolutions were read and on roll call were unanimousay adopted: 1. Employment of Russell Kunde as Light Equipment Operator. 2. Accept Petition and Order Improvement for Crestwood Terrace. 3. Directing the Payment of the Bills. (Recess from 11:05 to 11:15 P. M.) NEW BUSINESS (out of order) The Clerk read the following letter to the Council: April 8, 1969 To the Honorable Mayor and City Council Gentlemen: It is with some regrets that I hereby tender my resignation effectivve the 15th day of May, 1969. I have enjoyed my tenure here in Stillwater over the last ten years as your City Engineer and Director of Public Works. It has been with the fiime cooperation of the various Mayors, Councilmen, City Officials and least but not least the citizens of this City that made my tenure here one that I will always remember. I wish to thank the press and radio for their cooperation whenever tithe situation arose where they were needed to communicate my messages to. the people. My special thanks to all of the fine citizens who made it possible to accomplish the various projects that have been done over the last: ten years. It will always regard my years here in Stillwater as some of the mos•:t enjoy- able of my life. In short. my thanks to all. Very truly yours, Ronald E. Ehling.er, P. E. Councilman Carlberg: I have found my relationship with Ron before basing on the Council and since that time very good. I am sorry to eee him leaave. Councilman Lammers: I am sorry to hear this and i don't know if anythhing could or should be said now. I don't know if there is anything, Ron, but 11, too, am sorry to see you leave. • • (April 8, 1969 - continueed) Ron: I think that anyone who has been in a City for ten years, anyvone hates to move. I think the circumstances are such that I should at: this time because if I were to wait this opportunity would not be availa:tle. I think I will be improving myself to go. I would like to ask one thing that I have considerable vacation coming something like 4'd weeks. :i do not feel that within the next five weeks I will not have time to taLte it. I told the mayor that I would be here to see through the dike and a::iso, of course, the removal. If time permits I would appreciate it if t`he Council could give consideration if I had to work most of the time top to the 15th, if I could get reimbursed, or if the Council would prefer- that I take the vacation. Councilman Lammers: You have the vacation coming. Ron: I have 1/ weeks for two years ago and three weeks up to Januazry first. I would appreciate any consideration that you can give me inn this regard. Councilman Lammers: I think there will be a lot of problems and we should have a special meeting on this matter of Ron's resignation. Ron: As previously stated you are faced with the complete traffic cc ent with the State Aid Streets. This is to be submitted to the State and they will have to be signed by a registered engineer. .. Councilman Lammers: What about the road program? Ron: we have the South William project which is completed, the Brick Street field work is done and the grade hasn't been established; Pine Tree: Trail we are still holding that for the 30 foot right-of-way. Basically, I would also recommend that the Consulting Engineering firm do this. They :are familair with our conditions and they could possibly complete these projects :for you. Councilman Lammers: I do feel that we moved extremely quickly on th_,is when it came up. I think there is a lot of areas and problems that weren'!t discussed. Vice President Melstrom: We moved so quickly because of Ron. Councilman Lammers: I think we should have waited. I don't know if we did the right thing the other day. Vice President Melstrom: I can say, Ron, I am sorry to see you go. We yc.: along real good but you have to think of yourself and there are times when you have to make changes. I feel that you are not getting any younger and now is the time to make the change. I have enjoyed it all the time II have bean here. Ron: Basically from the information that I received is that Frank Qunick would be transferred into the Street Department and with the street ps:ro- grams that were being considered and with the other duties that are mequired of the City Engineer it would be impossible to get the things done wilth three men. Councilman Carlberg: Sometime between now and when you go, you can make some kind of recommendation as to re -organization between departmentsa as to what you feel would be needed. You would be in a position to give use some recommendations as to what we might do after you leave. Ron: Stillwater is in kind of a unique situation. It is too large t:o do everything by Consulting Engineers and not large enough to maintain a:m engineering department. It is going to be to your advantage to have :your own City Engineer and would be more economical. Councilman Carlberg: I move that we accept Mr. Ehlinger's resignatiomn with regret and would also like to see Mr. Ehlinger's letter published in the Gazette. I think it is a fair letter and I think it expresses his feelings and I think it might save a little gossip around town as to this matter. (April 8, 1969 - continued) 21.3 • ORDINANCE (out of order) On motion of Councilman Lammers, seconded by Councilman Wohlers the Clerk made the first reading of an ordinance entitled "AN ORDINANCE AMEND:1NG ORDINANCE NO. 383, 'ZONING ORDINANCE 0P THE CITY OF STILLWATER' " (Rezoning of the old Luhman property on South Third Street and the Ibalance of this block). ADJOURNMENT On motion of Councilman Wohlers, seconded by Councilman Carlberg thue meeting adjourned at 11:28 P. M. Mayor Attest: City Clerk • • COUNCIL CHAMBERS Stillwater, Minnesota REGULAR MEETING The meeting was called to order by Vice President Melstrom. Present: Councilmen Lammers, Wohlers and Vice President Melstrom. Absent: Councilman Carlberg and President Powell. Also Present: City Administrator, Brower and City Attorney, Kimmel. UNFINISHED BUSINESS (out of order) April 15, 1969 4:30 P. 11. This was the day and time set to open bids for Local Improvement No. 83 - Sealcoating and Resurfacing - 1969. The Clerk read the advertisement for bids aloud: Vice President Melstrom inquired if the advertisement for bids was published, and the Clerk informe6d the Council that the advertisement for bids was published in the Stillwater Evening Gazette, official newspaper of the City on April 2, 1969 and April 29, 1969. The following bids were then opened and read aloud: Bid No. 1- Tower Asphalt, Inc. St. Paul, Minnesota Bid Bond Resurfacing Sealcoating Start Date - 6-1-69 Completion Date - 8-1-69 Bid No. 2 - T. A. Schifsky 6 Sons, Inc. North St. Paul, Minnesota Bid Bond Resurfacing Sealcoating $19,015.00 $ 6,068.00 $22,958.57 $ 6,920.00 Start and complete date per specifications On motion of Councilman Wohlers, seconded by Councilman Lammers the bids were referred to the City Engineer and City Attorney for study ant recommendation later. This portion of the meeting closed at 5:45 P. M. RECOMVENEDAT 7:30 P. M. The meeting was called to order by vice President Melstrom. The opening prayer was given by the City Administrator Present: Councilmen Carlberg, Lammers, Wohlers and Vice President Melstrom Absent: President Powell • e (April 15, 1969 - continued) 215 • Also Present: City Administrator, Brower; City Attorney, Kimmel: Aocting Building Inspector, John Lawson Press: Vince Hamann, Stillwater Gazette Jim Walsh, St. Paul Dispatch Mike McGrath, WAVN Citizens: 8 to 10 ; John Condon and Don Carlson, Planning & Zoning t Commission, Robert Kelly, Duane Elliott and A. W. Banister DELEGATIONS OR INDIVIDUALS (out of order) John Condon Planning & Zoning Commission Mr. Condon reported on the following cases which were acted upon at. their April 14, 1969 meeting: Case #40 - Archie Butts asking for rezoning of Lots 15 and 16 on Myrrtle Street from RB, two family to RC multiple family. This was approved by the Planning and Zoning Commission libut would like to include Lots 17 and parts of 18 and 19 in this reasoning. Case #37 - There was a report from the Achitectural Control Committeee regarding the architectural aesthetics of the proposed 21 unit apamtment building located at Broadway and pine Streets. (see the letter its the file) This report was accepted by the Planning and Zoning Commrission. Case #39 - A request for rezoning on South Greeley Street. More inttermation was requested and Mr. Spinks was asked to appear which he died. Mr. Nolde was there representing Mr. Butts and they agreed to present a plot plan as to where they will be placing their apartments and we will consider it again on April 28, 1969. We would ask that Utile Council withhold any further action on this until we consider it again on April 28th. Case #49 - T & L, Inc. presented a preliminary plat plan for Fairmeadows #3 and this was approved subject to the approval of the City Engineer. Councilman Lammers: I attended the Recreation Commission meetiing last evening and they have extensive plans on Lily Lake and this I ifeel should be incorporated in this rezoning on this street. On Case #49 for the preliminary plat for Fairmeadows #3, I would ask that this be referred to the City Attorney to review the sub-dilvision ordinance on this plat. Mr. Condon: I also have contacted 15 communities for zoning ordinamtces and I have received seven replies. I wish to advise that we do meet the :1nd and 4th Mondays of the month. Robert Kelly Co-chairman of the Afton Park Committee Sometime back the first public meeting on the park was held in Denmaark Township, Lakeland and the City of Stillwater. The proposal is the creation oof a State Park with 2,100 acres. There are bills before the legislature on tells. Senator Brown in the Senate has had one hearing and Representatives Albertsoon and O'Dea will be having hearings. There was a meeting for the opponets and as meeting for the proponets. The cost would be $1,000.00 per acre for the land aocquisition. This would be a major State Park. In the long run it is best to gettt the most property available and work from there. Control Data and some of these other larger companies are providing parks for their employees and Contrail Data has one in this area. Some of our smaller companies cannot afford theim own parks and are looking to Washington county for a park. Washington County ties 75,000 population and by 1985 it will be 200,000. To sdve the crowded par]* conditions is to have more parks. What effect will the park have on the tax d©2lar? • • (April 15, 1969 - continued) • • The total tax loss would be less than one -quarter of one percent of the, total taxis levied for 1969 by the above governmental units or about $22,000..00. The loss to the County as a whole amounts to less than one-fourth of 1%: of the assessed taxes and to District 834 it would be 1/10 of 1%. The Couuaty is levying two mills for park acquisitions and a mill is worth $50,000.s00. The park at Afton will be used extensively by the people of the Twin Cit.ties. It will be used more than 50% by the Twin Cities people. They will be paying more than 50% for this park, and more than 50% of the taxes will be comsing from the Twin Cities. The people in Washington County will be paying veery little. The park was part of Governor LeVander's message to the legislature and there is $10,000,000.00 for the creation of new parks and improvement o:.E exist- ing parks. There are four new parks scheduled and this is one of them. This would be on a bonding program to be paid for by us and future generational. (Mr. Kelly listed the cities in favor and those opposed to the Afton State Park). I am here asking the City of Stillwater to pass a resolution that you favor the creation of a state park at Afton. I can draft it or your CityAttorney• can draft it. Councilman Carlberg: Are the people in the immediate area of the propo:.sed park for or against? Mr. Kelly: Those whose land it would take generally favor it. The famailies within the park, which is about 22. Most of the land has been relatively undeveloped. Afton Alps is already within this State Park. This would be compatible to this State Park and this would be a private enterprise. Councilman Carlberg: Would these 22 families stay there? Mr. Kelly: Probably. Their land would not be critical to the developmrent of the park. Councilman Carlberg: In some of these cases they are going to have chilldren and it is a taxing program for these people within the park. Mr. Kelly: Those with life estates would continue to pay taxes. Councilman Lammers: Hopefully the Council has had an opportunity to rewiew it. I have studied it through the Chamber. If the Council has had a chance to review it thoroughly enough, I would move that we adopt a resolution thaat we favor the creation of the Afton State Park. Councilman Carlberg seconded the motion. (all in favor). (See resolutiions). DELEGATIONS OR INDIVIDUAIS (out of order) A. W. Banister: (Here by invitation) The City has received a copy of a notice from the Minnesota Pollution Conntrol Agency setting May 1, 1969 as the deadline for application for a government grant in aid. The City of Stillwater would be eligible to receive a 30% grant= for the addition to the sewage plant. In addition to that the agency set fourth certain steps giving the City additional priority points and would receiiwe an additional 25% if they proceed further. There are additional ten points; of priority by having the plans completed, that you will receive as that hams been completed. Four additional priority points if the City Council were to take steps for the financing. Before an application can be submitted there must be a resolution authorizing an individual to execute an application and other related papers. Councilman Lammers: Why do we need a secondary treatment facility? Mr. Banister: A tentative set of orders was issued by the Minnesota Pollution Control Agency. In 1966 the City received letters that these standards were established by the Federal Government and the State adopted them. November 6, 1968 a letter was written by the Minnesota Pollution Control Agency with a copy of a proposed order stating the maximum amount of BOD, etc. to be dischareged in the river. January 6, 1969 a letter was sent out to all municipalities oon this matter as follows: • • • (April 15, 1969 - continueod) 217' • "Dear Mayor Powell: Interstate water quality standards for Minnesota which were deve:i_oped in accordance with the Federal Water Pollution Control Act were apparowed by Secretary Udall of the U. S. Department of the Interior on June 18, 1968. This is to remind you that the standards require improvements ind treatment for sewage or wastes from all sources which may affect interstat:e waters. The implementation schedule for complian :e started on June 18, 1968.. It appears that expansion of the present primary municipal sewagge treatment plant to include tertiary treatment, as well as secondary treatment, will be necessary to achieve compliance with the standards. It is recommended that this improvement be provided in accordance with the following schedule: Engineering report due by Construction plans due by Contract awarded by Works construction completed by April 18, 19069 October 18, 1969 March 18, 19870 June 18, 19792 There is also the further requirement that intermittent dischargues of untreated sewage be reduced to a minimum. It is therefore recommended that an engineering study be made of the presence of combined sewers, by-passes and other factors which may lead to such discharges and plans be made to correct much problems in accordance with the following schedule: Engineering report due by Construction plans due by Initial contract awarded by Works construction completed by June 17, 19669 June 18, 197Y1 June 18, 19792 June 18, 197/8 It is requested that this office be informed within thirty days as to the intentions of the City to proceed in this matter. If desired, me shall be glad to arrange for a meeting in this office to discuss this matter wwith you in more detail at any mutually convenient time. " (John P. Dadalich, Minnesota Pollutiion Control Agency) This is a State order. Councilman Lammers: Then the reason for the Secondary Treatment= Plant is that the present plant is not sufficient enough. What would be the efficiency of the present plant? Mr. Banister: Secondary treatment will remove 90% of the five ®OD, 90% of the suspended solids which is more than adequate to meet the requirements of the proposed order. The present order of 50% per leader is very generous. The present plant will remove about 30% BOD and 30% suspended solidea. You ask why wasn't this done at that time and at the time that this plant was designed the normal standard depended upon the receiving waters and you need about a delution factor of three to one. This is primary treatment. At the times this plant was built the City received financial aid from the Federal government and loans and the amount of aid for any municipality was 30% or $250,000.00 whichever was the lesser. The State was satisfied with primary treatment. The construction of secondary treatment is a separate project and an additional amouunt of federal aid could be received, or two grants of $250,000.00. The City wanted the maximum grant and the maximum amount of the grant at that time was receiived. Councilman Lammers: What is the time schedule on this? I know the sooner the better for the federal grant but would there be time for a publiic hearing? Mr. Banister: You would mean a hearing just to advise the genexraL public. Councilman Lammers: Yes. Mr. Banister: I wouldn't be opposed to it but it wouldn't have any bearing on it. If you wait too long, you would lose four priority points. Councilman Lammers: This will cost the City a great deal of money and I feel ._ it should be explained to the citizens. • • • 218 (April 15, 1969 - continued) • • Mr. Banister: How much time for this? City Attorney: For this type of hearing there is no particular time scheedule in the statutory. All that you need is something in the newspaper and onn the radio that the City is contemplating a secondary treatment plant whicrb will cost "x" number of dollars and a meeting to discuss this type of thting and all interested citizens are encouraged to attend. It is just an inf©rna- tive meeting, not a hearing in a legal sense. Mr. Banister: Would it withhold any action on the part of the Council urmtil after that? Councilman Lammers: It is a very big project. Of course, if we have to commit ourselves or whether there is any area to move within on this proposal rather than bind ourselves as expending the money. Mr. Banister: You have a State order from the agency that you have to reeoeive bids on the project on later than December 7, 1969 which is this year. City Attorney: If we fail to comply with the order the Minnesota Polluti.ion Control Agency can come in here and build it and it is our obligation to pay for it. Mr. Banister: This would have to be referred to the Commissioner of Adminis- tration. City Attorney: There are two alternatives - they could compel us to do i_t or have the Commissioner of Administration do it. Mr. Banister: May 19, 1969 is the deadline for the application for the grant. Councilman Wohlers: You have a metro sewer planning. Are we going to ge't permission from these people? What kind of a football are we going to ge+st from them? Mr. Banister: I think one of the requirements in the past has been that •tvecy form of Federal Aid for which application is made within the Metro area d_ILd have to be approved by the former Metro Planning Commission which have now beers assumed by the Metro Council. The Metro Council came forth with a tentat=lve plan in adopting a plan that the sewage for this area would ultimately be! through a new plant in the vicinity South of Afton. It would take care o:.f much of this area. This would be a Metro Council plant and call for the ultimate abandonment of any Stillwater, Bayport or Oak Park Heights plant. This wavuld not be effective until after the year 1990. That is my recollection. It: would be about 21 years from now. In the meantime you have this order here. 2. can't speak for the City of Stillwater or the Metro Council. How could the Cit::y of Stillwater expect to build a facility out here when you have the Council?' It is their original intent that you would be reimbursed for it. Councilman Wohlers: We put up this plant now and say a year or two from :sow we are running the show now and we are going to start paying for their pliant too. Mr. Banister: If this is going to be taken over by the Council, there is. going to have to be some legislation providing for reimbursement or creditts of "x" number of years in the future. Councilman Wohlers: Do you think that we would get the permission from thee Metro Council without giving us an argument on this? Mr. Banister: I think so, but I could be wrong. This from a State agencgy. The Metro Council is in no position to meet these deadlines. Vice President Melstrom: My feeling on this is the fact that if we don't follow these orders in December, then it would be done by the State and wee would be assessed for it. City Attorney: If they do it, we pay for it. • • (April 15, 1969 - continued) 219 • Vice President Melstrom: Whatever the Metro Council does we are nosing to have to do it. We are still going to have to do it. Councilman Carlberg: My understanding isdtjaj this application foam federal funds we can apply for the funds and if we%need them we don't have to accept them. Mr. Banister: What they would want is for you to make an early deocision. Councilman Carlberg: What are the four priority points worth? Mr. Banister: Your priority points could make a difference of gettting the grant and not getting the grant. How many grants are received wilco depend upon how much money is available. The State agencies are taking appplications hopefully these funds will be available after July first. Councilman Carlberg: I feel that we should go after the applicatienn but I seem kind of concerned in trying to go after the finances without ess:olaining this to the people. They have a right to know. Councilman Lammers: I understand the metro sewer bill has not been introduced in this legislature. I think it is growing much faster than anyone, has antici- pated. We might have a secondary treatment plant that will not be useful. Mr. Banister: A decision to proceed or not to proceed night be wit181teld until we see what the legislature comes up with. Then it would be ntr under- standing or opinion your next step is to go before the agency and appeal the order and request a variance and this is also provided for in the onrdinance. City Attorney: If we even consider the possibility of appealing or asking for a variance we should do so as soon as possible and not wait until this, last minute. If the Council feels there is a need for doing it and any ppossibility that it would not be granted, I certainly feel that we should do so as soon as possible. I don't believe it is necessary that we should delay makiing applica- tion for the additional funds that we might be able to get. Maybe wee should proceed with both. They are complications in theory. Mr. Banister: I have been through this thing on the Metro Council send at the present time I don't believe you have any basis as of today, that isa basis for a change in the order on the basis of what you now have, unless the Legislature takes action. Vice President Melstrom: Your recommendation is that we do do aheadl and authorize the making of an application. Mr. Banister: Your estimates were prepared in 1967 and that would hove to be revised. You would still get 30% federal grant, and the City would ;pay 70% of that cost. In this instance it includes the total cost because tlhere are no land costs involved. You have the land. The cost of the project. is in excess of $500,000.00. If the $500,000.00 was the correct figure, tIMen the City would pay $350,000.00 and the grant would be $150,000.00. City Attorney: There is no assurance that we would get federal assiastance. Mr. Banister: That is right. So much of the money in the Metro arena and so much is for out -state. In the State of Minnesota you either get the amount of your application or you get nothing from past experience. This has then true in every State in the union except Wisconsin. Vice President Melstrom: Mr. Banister I think you have presented the ease very well. I think it is up to our Council to make up their minds on this. Councilman Lammers: I feel that we have an obligation to inform our citizens. I think there is no question that we should take all necessary steps Eor the grant. I think as soon as possible presumably that we are doing in this direction. Councilman Wohlers: I'll put it in a motion that we go after the Fedleral Grant. • • 220 (April 15. 1969 - continued) • • City Attorney: I believe I prepared these resolutions sometime back and they were passed. City Administrator: That is possible. Can we check the files? Vice President Melstrom: Now would be a good time for a break. (Recess from 9:15 to 9:15 P. m.) The secretary checked out the files and found copies of Resolution 4192 authorizing the application for the construction grant which was passed on January 21, 1969. Councilman Lammers: We have discussed this and I would move that this application be submitted and further I would move that this Council waive the bond election. Councilman Carlberg: I would like added to this mocion that the provision be waived if the City received the Federal Grant and pursuant to the actions of the State Legislature of this year and any action of the Metro Council. Councilman Lammers: If this is not binding, I would allow my motion to bee amended to include John's recommendation. Councilman Carlberg seconded the motion. (all in favor). (see resolutions)., UNFINISHED BUSINESS (out of order) The question was raised what is being done about the agreement with Still- water Township, Oak Park Heights and the City of Stillwater on the sewer anal water on South Greeley Street. Mr. Duane Elliott informed the Council that alternate plans has been submitted and that he would see that the Council receive copies of same so that they can arrange a meeting on this matter. DELEGATIONS OR INDIVIDUALS (out of order) The Clerk read the following memo: "I received the attached letter this morning. It is a request from Shirley Meister to park a mobile home, on a temporary basis, in her father's yard. Her father is Ernest Webb, and he resides on the Boom Road, between Fairy Falls hill and the Stillwater City Limits. Mr. Webb came to my office on the tenth of April, 1969 and inquired as to the regulations governing mobile homes in the City of Stillwater.. I informed him that in a situation of this kind it would probably be best if the City Council were aware of the nature of the request and made a decision as to whether or not permission be granted." City Attorney: I would like to check out the ordinance on this. if the Council has any questions they could ask her while she is here. Vice President Melstrom: Any questions? Councilman Lammers: The application expressed the problems and desires. The problem is whether we are going to establish a precedent. This is not an area in the middle of town. city Attorney: What is the period of time? Vice President Melstrom: Until school is out. Councilman Carlberg: Have you checked with the neighbors in the area? Mrs. Meister: They are agreeable. Councilman Carlberg: When is school out? • • e (April 15, 1969 - continued) 221 • • Vice President Melstrom: In about seven weeks. Councilman Carlberg: My feeling is to go ahead with it. Councilman Wohlers: I make a motion Chat we allow Mrs. Shirley Meister to park her mobile home on her father's property on the Boom Road until' June 30, 1969, unless something in the ordinance prohibits it. Councilman Lammers seconded the motion. (all in favor). UNFINISHED BUSINESS (out of order) On motion .f Councilman Carlberg, seconded by Councilman Wohlers thee continuation of the hearing on a second reading of a proposed amendment to Ordinance No. 383, which would rezone the property on South Greeley Street from (RA) Ome-Family to (RC) Multi -Family was held over for the meeting of May 6, 1969. UNFINISHED BUSINESS (out of order) This was the day and time set for a hearing on proposed Local Improvement No. 83- Sealcoating of South Sherburne Street from West olive Street to WesUt Pine Street. The Clerk read the notice for hearing aloud; the Vice President inquired if the notice for hearing was published and the Clerk informed the Council that the notice for hearing was published on April 4, 1969 and April 11, 1960 in the Stillwater Evening Gazette, the official newspaper of the City. The Vice President then opened the hearing. No one appeared for or against this improvement. The Vice President closed the hearing. (see resolutions). UNFINISHED BUSINESS (out of order) Petition regarding the re -opening of the old City Dump for limited draping purposes as presented at the April 8, 1969 Council Meeting. The Clerk read an additional petition received on April 15, 1969 whfdch was signed by 74 petitioners from the Fairmeadows area. Councilman Carlberg: None of these signatures are duplicated and wee then have a total of 195 signatures. Al Ranum: That is correct. Councilman Carlberg: I feel we have somewhat of a duty to Mr. Gordan, but we also have a duty to each one of these petitioners and I would liNke to make a motion that we close the dump for any kind of storage or junXk yard and be closed permanently ana in fairness I would like to give Mr. °Gordon until the 15th of May to remove all of his cars from the premises. Councilman Lammers seconded the motion. Vice President Melstrom: I dislike your motion but that is beside •the point. We are going to have a problem of disposing of our cars in the City of Still- water. In the past our Planning Commission has worked on the fact tthat those within 300 feet of the area are contacted to voice an opinion on wheat we do in the City. In my opinion there are none of these within the 300 :feet. Councilman Carlberg: in this respect, Mr. Vice President, I like Mar. Gordon and I am not trying to pick on him and as a victim and we do have oether junk dealers in the area. I don't think that we can have no otter acceses of getting rid of our cars. Mr. Gordon can still get rid of these cars whether they are burned out or not. It is a matter of how much he receives for them.., I also think that this is an area that is going to be developed as we can'tt go East. We have to go West as far as our developments go and it is our duty to do every- • • 222 (April 15, 1969 - continued) • • thing we can to make this situation possible. I would like to suggest. that the City Engineer look into the possibility of hauling some of the fil:.l from the dike out to this site. Councilman Lammers: I strongly agree with John's comments as a local businessman we should not neglect Mr. Gordon. We should give him everyy opportunity and we shouldn't have to go so far as to supply him with tithe area to put the cars. Councilman Wohlers: You can't build on it for another 15 or 10 years. Councilman Carlberg: Maybe twenty years we can build on it. Councilman Wohlers: We can build an industrial area out there. (Councilman Wohlers was opposed to the motion). APPLICATIONS From Patrick E. White, 602 West Churchill Street, Stillwater for On amid Off Sale 3.2 Beer Licenses. (First reading -- carry over to the next meet:.ing). From Dennis Johnson, 1101 North Owen, Stillwater, for On and Off Sale Z3.2 Beer Licenses. (First reading -- carry over to next meeting). On motion of Councilman Carlberg, seconded by Councilman Wohlers a Junj4l Dealer license was granted to Harry Thompson. Bayport. (renewal). COMMUNICATIONS from Alan Peterson resigning from the Planning and Zoning Commission. On motion of Councilman Lammers, seconded by Councilman Wohlers that we accept the resignation of Alan Peterson with regret and that the City Administrator be directed to write a letter to him. DELEGATIONS OR INDIVIDUALS None at this point in the meeting -- see pages 215-216-217- and 220 andd 221. PETITIONS None at this point - see unfinished business on pages 221-222. CITY ADMINISTRATOR'S REPORT 1. The City Administrator asked Councilman Lammers to report on the Recreation Commission meeting of April 14, 1969. Councilman Lammers: We went over Mr. Smith's proposal for the arenas of improvement and to look into thee: further within the City of Stitdll- water. There are only three people on the Commission and I feel titiiere should be more and that we should solicit for more people to be on the Commission. We should publicize the proposal and the people be aware of what and where we could do more with this area. Top priority is tthe Lily Lake Area. This area could be pgraded with a ballpark and an new bath house and a public skating rink and combine this with the bathing area and then have it fenced off. With a fenced off area we cuuldfi charge some type of nominal fee to out -of -city residents. There Lis the upgrading of the area North of the bridge into 15 campsite•; and a boat launching area on a fee basis. They propose the upgrading of Stapcles Field by blacktopping but then you could not have a ball park theme. They are concerned with the areas on the west side of town and makring • (April 15, 1969 - continued) 223 • • them into usable areas. I think first of all we have to give hee and Mr. Blekum more encouragement and add more members to the commission.. If we can publicize the proposal and ger specifics from the Council to ?pursue these matters by making proposals. Councilman Wohlers: Our commission has been doing a good job and Mr. Blekum has been doing a good job. Councilman Carlberg: I would like to see Lily Lake developed bunt before we get into excessive work in developing Lily Lake, we should update some of our other playgrounds so that we have improved arseas all over town rather than in just one area. Councilman Wohlers: You still have to have a big recreation area for the major things. Councilman Carlberg: Rather than just take care of Lily Lake picot up things in the other areas in town. Councilman Lammers: I think this was the concesus of opinion. Me wanted to do something with Staples Field. There is a possible problem of establishing priorities over all and how we are going to allocate the money. City Attorney: The Council might consider taking some of the dihke fill out to the Lily Lake Area. Vice President Melstrom: There wasn't any money appropriated irn this year's budget for these major improvements? City Administrator: Not this year. Councilman Wohlers: Can't we run a bond issue for these parks sand playgrounds and get up-to-date? City Attorney: You could develop an overall program and design and present it to the vote of the general public. Before you proceed you should get an engineer to design the playgrounds and depending at how complicated a program possibly something on the architecture of the buildings. Councilman Wohlers: We could get some government aid. I don't know how much we could get but we could check into it. Vice President Melstrom: They have quite a job to work this out.t. City Attorney: The Council is going to have to secure more def=bite plans on securing this information. I think this Council is go_dng to have to pick up the ball and authorize them to spend more money. Your engineering situation is at a flux at the present time. Cluncilman Lammers: There is a possible need for more people oza this commission because of the scope of work. Before we take any act!tion we ought to make primary studies before we authorize any expenditur:res. City Attorney: The engineering problems and settinggrades in these various parks, I would think there would be occasions that City - employees could be working on this as other projects were slow. The buil..iing projects as I recall were the most elaborate. If someone did the basic engineering and plan for them before any action is done. Councilman Lammers: Where do we go from here? Councilman Wohlers: There is no definite mill rate setup for th:.is. Cit., Administrator: I believe you would probably want to bond :and spread it over ten or fifteen years. The limitation in the budget is :such in the General Fund that we just can't levy enough money to do any- capital improvements. • • 224 (April 15, 1969 - continued) • • e Vice President Melstrom: I think it will take a little more planning. Are they workable? City Attorney: I think so. Councilman Lammers: I don't feel that we should drop it. City : s is rd tation. If the ney take somerlthe definiteactionwhenitheyrgetnsome concrete plansCouncil for then smaller parks. Councilman Lammers: We should specify what the proposals are. Maygbe other people would have better ideas. Councilman Wohlers: Why don't we specify this and see what the boyys' ideas are on this. City Administrator: Do you feel that the Council would like to pub=fish this report in the newspaper so that thn public is aware of what the peromasresdi andspresented9to Ithe1Cs ouncilh- whateverhyour°gentlement h::Lnlc. on Councilman Lammers: I would move that the City Administrator be authorized to publish the outline of the recommendations of the Recreation Commission and I further move that the Recreation Conmi_asion enlarge the commission and bring back as a recommendation from thee commission as to whether or not they should enlarge it and by how :many and further that they make more concrete statements as to the overall proposal and present them to the Council with definite cost figure's and we will consider the expenditures of the moneys which are not available at this time. Councilman Wohlers seconded the motion. (all in favor). 2. The City Administrator reported that he has had numerous complaints about the Everett Street bridge and asked the Council to inspect int and have signs posted if they agree with the complaints. On motion of Councilman Carlberg, seconded by Councilman Wohlers titat the City Engineer be authorized to make a study of the condition cot this bridge and have the Street Foreman post a sign that no busses or titrucks be allowed across the bridge. 3. The City Administrator asked the Council to pass a resolution autl:horizing overtime pay to all persons working on flood control as it was h� punder- standing that all persons working overtime have been promised a The Council informed him that action was taken at a special meetingg on the flood and that he should check with Mr. Loland and also chneck the minutes of one of these meetings. 4. The City Administrator informed the Council that the Mayor and Cilvil Defense Director had declared a flood emergency on April 12, 19693 at 7:45 A. M. and the Council should pass a resolution to this effect. (see resolutions). 5. A memo from the Fire Chief advising that Charlie Mix has resigned as a member of the Stillwater Volunteer Fire Department effective Appril 1, 1969. On motion of Councilman Wohlers, seconded by Councilman Carlberg the resignation of Charlie Mix as a member of the Stillwater Volunteeex Fire Department was accepted and the City Administrator was directed no send a letter to Mr. Mix. • • • (April 15, 1969 - continued) 225 6. A memo from the Fire Chief requesting permission to send four men, tiro regular firefighters and two volunteer firefighters to the Minnesota State Fire School to be held April 28 - May 1, 1969. Registration fees is $20.00 per man, plus noon lunch and mileage each day. On motion of Councilman Wohlers, seconded by Councilman Lammers the F_lre Chief was authorized to send four men, two regular firefighters and tvvo volunteer firefighters to the Minnesota state Fire School and to pay mileage for one car rather than four. 7. A memo from the City Engineer informing the Council that he had received a call from Maple Island, Inc. on January 30, 1969 informing him thatz they had been operating exclusively on metered City water system for approxximately five days and that they used an average of 27,000 gallons of water pear day during this time. He then checked with the Water Board, and the folloowing information was furnished by them. Maple Island, Inc. was on meteredt City water from 10:30 A. M. on January 23rd until 11:00 A. M. on January 299th. The total amount of water used in this time was 178,000 gallons. Thiess would average out to be approximately 29,667 gallons per day or 890,00110 gallons per month for 30 days. The point is - is this amount less thtan the amount they were using when their original agreement was set up for tthe service charge? If so, they feel that they should have a reduction in charges. This information he does not have. A representative will tie contacting him and he will refer them to the City Administrator. Mr. Loland has made a survey of this Matter and finds that in a desiggn report dated, February, 1955 by Banister Engineering the following: 22,440,000 gallons per month - Maple Island 1,290,000 gallons per month - Snowland 23,730,000 gallons per month total Their current usage of 890,010 would be 3.75% of the former amount. Based on the former charge it should now be $36.56 per quarter instead of 84975.00. Their water bill would be $320.40 on this amount and our sewer billiang would be $113.85 on a water bill of that amount. The City Attorney suggested that we figure our the rate and present :it again to the Council, according to the ordinance. 8. The City Administrator inquired of the council as to when they plan .to have the Annual Clean Up week for the City of Stillwater as promised to t=he citizens last year. Councilman Carlberg: i suggest that We turn it over to the Street =apartment and as soon as they are free they will put a notice in the paper. Councilman wohlers: This is cot:nction with the Junkers and the citty crew. Saturday will be the best day. Councilman Carlberg: Wait and see what comes with the flood situatnon. Vice President Melstrom: The City Administrator can inform the pubIlic that we will have a cleanup week but without a definite time. UNFINISHED BUSINESS None at this point in the meeting. NEW BUSINESS Case #49 - Approval of preliminary Plat from T & L, Inc., Fairmeadows No.. 3. (Approved by the Planning and Zoning Commission on April 14, 1969). Mr. Robert Steindorf, Mr. Gordon Larson and Mr. William Fierke presentedi to the Council a copy of the preliminary plat. • • (April 15, 1969 - continued) s e- • Councilman Carlberg: Do all of these lots have the minimum of 10,000 square' feet? Mr. Steindorf: Most of them have an excess. None are under that figure. Tiles ones that go into the pond are 25,000 and 30,000 square feet. Councilman Lammers: What is the procedure on this? City Attorney: This is to be referred to the Police, Fire, Building Inspect_.or• and City Engineering Departments and they bring back their recommendations tzo the Council at the next regular meeting after receiving the recommendation. Mr. Steindorf: What we are looking for here is a preliminary approval and uwe have a real time problem. We are looking for your offical or unofficial appgeoval. There is a possibility of a vacation of a street and an overlaying of lots. Vice President Melstrom: Could we approve this subject to the approval of tthe others? City Attorney: The Engineer is going to have to review it. Most engineers don't want cul-de-sacs. I have no idea what the engineer will say but there are certain street grades and other things that shoulibe checked. Mr. Steindorf: The proposed grades are there and we have to get Banister to go ahead with the sewer and water. Councilman Carlberg: We can get our agencies to look at it as fast as we cam. Mr. Steindorf: It purely is whether the engineer is in accord with it. Councilman Carlberg: We can't just tell these things by looking at it. We wadi' have to let the engineer sit down and look at it and it is going to take some time. Mr. Larsen: We should have some kind of commitment as to when you people wii11 act on it. City Attorney: The biggest problem is the engineer. Maybe now is the time to designate where you would have dedicated areas. Councilman Carlberg: I move that the plat plan be turned over to all the services of the City so that they can approve it and we will act as soon as possible at a special meeting. Councilman Lammers seconded the motion. (all in favor.). Continuation of Case #40 - Rezoning on West Myrtle Street for Archie F. But_ts. (Approved by the Planning and Zoning Commission April 14, 1969 with the recommendation that it includes Lots 15, 16, 17 and part of 18 and 19). On motion of Councilman Carlberg, seconded by Councilman Lammers that we have the first reading of the ordinance by title this evening and set the date of May 13, 1969 for the hearing and the proposed second reading of an ordinance rezoning Lots 15, 16, 17 and part of 18 and 19, County Auditor's Flat No. 2, City of Stillwater:. (See Ordinances). ORDINANCES On motion of Councilman Carlberg, seconded by Councilman Lammers the Clerk made the first reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383 ENTITLED 'ZONING ORDINANCE OF THE CITY OF STILLWATER' " (Rezoning of Lots 15, 16, 17 and Part of 18 and 19 for Archie Butts). (April 15, 1969 - continued) 227 • • RESOLUTIONS The following resolutions were read and were on roll call unanimously ad.lapted: 1. Authorizing the financing of the proposed Secondary Treatment of thue Sewage Plant without an +lection. 2. Declaring a flood emergency. 3. Approval of the Afton State Park. 4. Order Improvement for Local Improvement No. 83 - South Sherburne Street from West Olive Street to West Pine Street. ADJOURNMENT On motion of Councilman Wohlers, seconded by Councilman Lammers the meet:Lag adjourned at 11:15 P. M. Attest: City Clerk Mayor • • • (Through an oversight this page was omitted and left blank - see page No. 229) 229 e • COUNCIL CHAMBERS Stillwater, Minnesota April 22, 1969 3s:00 P. M. SPECIAL MEETING The meeting was called to order by President Powell. Present: Councilmen Cariberg, Lammers (late), Melstrom, Wohlers and Paeeident Powell Absent: None Also Present: City Administrator, Brower; Assistant to the City Administrator. Loland; City Attorney, Kimmel; City Engineer, Ehlinger;: Warren Bowe and Bob McGarry - Chamber of Commerce; Tom Moulton,. Dean Charlsen-Civil Defense Director. AWARD Tmm BIDS FOR LOCAL 1MPROVEMENT NO. 83-1969. The City Clerk read the following memo from the City Engineer: After review of the bid proposals as submitted, I would recommend tthat the contract be awarded to Tower Asphalt, Inc. for both the resurfacing and :sealcoating. However. it will be necessary to correct the bid of Tower Asphalt, Inc. on the amount for the Resurfacing. The total bid price for resurfacing shoumld be $19,015.25. All other totals are correct as submitted. On motion of Councilman Melstrom, seconded by Councilman Wohlers tttat we follow the recommendation of the City Engineer and award the contract for Local Improvement No. 83 to the Tower Asphalt, Inc.. St. Paul, Minnesota for Resurfacing and Sealcoating for 1969. (see resolutions). (Councilman Lammers arrived at this point in the meeting - 3:05 P. M.) REMOVAL OF THE DIRE AND DISPOSAL OF THE MATERIAL FROM THE DIRE - Mayor Powell: When are you going to remove the dike? Ron: The Council should make a determination on who and what is going tic be removed from the dike. Basically the water situation is suoh that it coould be started later on this week. Whoever is going to remove it, the Council should determine this so that when it is time to remove it, they will be ready.. Mayor Powell: The emergency is over and we would have to go to bids. City Attorney: If it is possible to remove the crucial Darts without retuning the rest and opening up the roadways and the tracks which would be an emergency and then bid the rest of it. Mayor Powell: Have we talked to the merchants on the North end of town?' Ron: Midland Coop and the Stillwater Motor Used Car lot I would have to talk to them about leaving it there. I think we can leave a part of it. City Attorney: Is there any possibility of selling any part of it? Ron: There is a gentleman behind me who would buy part of it - about 1,0000 yards. Tom Moulton: About 5,000 yards. • • (April 22, 1969 - continued) • • City Attorney: How many yards are there? Ron: About 41,500 yards. Mayor Powell: will we recover about 35,000 yards? Ron: Possibly recover a little more. You should be able to recover almosot all of it. Mayor Powell: I think that the Council as I understood it. whether or not= it was talked about at the last meeting, that some of the sand is to be used for the continued covering of the old dump. How much I don't know because of the petition and the condition. Firat and foremost some of the sand should bee used for that. Here again I don't know how much. Councilman Mohler: Some for Lily Lake also. Mayor Powell: I think this is the general consensus that this be done. Effort: we do any selling at all this would have to be taken care of. Now we must* decide as to how and who is going tow do it. City Attorney: I don't feel that Hooley's Parking Lot is an emergency. Mayor Powell: Colonel Reis and another engineer were here and their main purpose was to observe how the flood finally wound up and see how much good the d*1ke had done. Are we talking about 100% participation? Dean Charlsen: I asked them if more money than this one million dollars for the State of Minnesota was involved in this and Mr. Flynn was not sure as they don't know if the OEC is going to have it or if the State Adjutant Generale is going to take care of it. If it is the Adjutant and the state allows one million dollars for emergencies. we know very well that you are not going to get much out of -that. If the OEC takes over, there will be more than one million dollars availatble in the State of Minnesota. and I won't have a definite answer on that until Wednesday or Thursday. Mayor Powell: Is it possible that the City crews could open up the roadway to go across the bridge and allow the railroads to go through? Ron: That would be six closings and tracks to clear off. We are on the mailroad's main line. Dean Charlsen: present time. Ron: This is a determination they will have to make after they have it c::Leared off. Mayor Powell: If you don't get it done, they will scream like they did tLha last time. Is it possible to take from Myrtle Street South as quickly asspossible and kind of play the rest of it by ear to see how much money we are going( to get? Dean Charlsen: How much did the water go down? Ron: About 11 inches or 9/10 of a foot. Mayor Powell: What are we talking about in money roughly? Ron: I wouldn't know. I couldn't even guess. $15,000.00. Mayor Powell: what expenses have we incurred that the City might have too pay so far without any removal? I know that we have got some labor. Ron: You have got your labor and a little over $2,000.00 for materials exam Hoelters. We also nave pump rental of about $5,000.00. Mayor Powell: We are talking about no help from the government but if wee do get help this will be taken care.of. Has the Council any thoughts on it? I feel that we should allow the trains to get through. I don't think that they could run a train on the South enod at the going Myrtle Street Sousth I would say something likrs • (April 22, 1969 - continued) 231 • Councilman Carlbergt I think it would be a lot cheaper to use our loather and at least to get some other help from other contractors for trucks. Mayor Powell: Could we use our loader out at the dump? Ron: We would be better off with a bulldozer at the dump. Mayor Powell: Do we have a bulldozer? Sons No. Councilman Lamers: Is it possible to take a bulldozer out there beforre we start hauling sand out there? Ron: It is about as level as we can get it out there. Mayor Powell: How many yards would it take to cover over the tree stumps out there? Ron: It could take about 20,000 yards. Councilman Lammers: How about Lily Lake - how many yards? Ron: I don't know off hand but some of it could be moved out there. Councilman Lammers: How about other City owned property? Rons I don't actually know of any except Lily Lake. Mayor Powell: The thought was mentioned about the Fairmeadows hollow lyzmt that would take a lot of fill. That would take the whole dike itself. Ron: That would take a lot of it and you can't get in there with trucks at all. City Attorney: Normally we publish bids under 429 which takes about a month to get bids back. our Charter requirements say that we may publish in such manner as the Council may direct. We can bid on pretty short order if we follow the Charter. Mayor Powell: We did get some bids when we thought we would have to bmmild it ourselves. We have a week on the outside from the tine we have it done., Can't it be considered an emergency and use the prices we got. City Attorneys These are only hourly bids. We can actually publish amid have bids returned within a week. Ron: The Railroad will be screaming before that. Mayor Powell: We should be starting work on Friday. Ron: That is right. The main tracks have to be open. City Attorney: We could have a bid in here before Tuesday. Mayor Powell: They want to start work the day after tomorrow. We can die that on a day-to-day basis. City Attorney: I am talking about the bulk of it. I think we could cclear the roadways and the railroad tracks before that. Mayor Powell: The bridge crew thought the bridge would be open on Thursday. City Attorney: How much to clear the railroad tracks? Councilman Carlberg: I think by the time you got your roadways open anal your railroad tracks uncovered, you are going to have one-third or one-half'. of the dike gone anyway. Rant You are going to have to bid on it. • (April 22, 1969 - continued) lhlaave to clear tofthe North ofMyrtle Hooley'sSouth Parking Lot tothe clearclosings the tracks. wouldH Ron: You w ould have to clear the North end. Isn't it possible that the whole thing is going to be an go on the prices we have? one spur line that is buried and they have to get coal in for Where our dike is built is a real problem. I don't see where we would have any problems to do it as: Mayor Powell: emergency and Ron: We have the schools. Councilman Lammers: an emergency. r feel thatnitaisban9emergencythat there to get theare parkingle lotsoclear cleared hare. Do :Tom Bob McGarry: By the time you open the closings and the tracks you will have .the most of it. Mayor Powell: Is that all right with you? City Attorney: Tha removal from the roads and the railroad tracks is an emergency, but the rest is up to the Council. In 1965 there was more heat on the removal than on the construction. This make a determination itisasubject namatter of opinion - thtiopinion rnv ew. what is not an opinion. Once you It is pretty much a factor of determination. Mayor Powell: How many sets of figures do we have? Ron: I don't know how many are interested in removing it. Mayor Powell: I think the Council should give the Administrator and the Citty Engineer direction to proceed. Councilman Lammers: It is incumbent that we use more than one contractor fax this. Mayor Powell: They should all have a chance. Mr. McGarry: This won't affect your allowable expense. Mayor Powell: This is something that we are going to have to do whether or not we get the aid. Councilman Lammers: Would you want to limit it to those that bid on the construction? Mayor Powell: They were all local except one from Forest Lake. City Attorney: You should ask for proposals again. We could contact them tomorrow and see if they are still interested. Even though you don't follow the formal procedure it shows that you are trying to be impartial. Dean Charlsen: Will they make an estimate unless they know where it is goinng? Ron: They are only going to give you hourly rates. Mayor Powell: The closer you put it the better the rate. Councilman Lammers: Are we going to sell some of it or sell part of it? Mayor Powell: First we will use what the City needs in going through our engineer- ing department who can be on the top of that and if we have to sell it, how do we do that? Do we have to go a long way on that? City Attorney: Accept the greater price? Mayor Powell: Any and all people would would tovhave an ve anvequal. pportunity...m, If you had three people who wanted it, you Ron: Several want it, but are they willing to pay for it. • e • e (April 22, 1969 - continue.ad) Mayor Powell: We could check it out. City Attorney: You could ask for proposals on it, so many yards are avaailable and ask for propsals. Make some sort of announcement and ask them to snabnit a proposal as to what they are willing to pay. Councilman Lammers: Under no circumstances are we to give it away as triers would be about 250 who would want it. Dean Charlsen: The Stillwater Development Corporation is interested in some of it. Mayor Powell: Mr. Moulton, Mr. Aiple and the Stillwater Development Corporation all want some. Councilman Carlbergs I make a motion that the City Administrator and tile City Engineer ask the contractors who bid locally for a proposal on the cost of the removal of the dike and also to ask for proposals from interested parties as to purchasing left over fill, if available, said proposals to be in writing; by 4:30 P. M. Wednesday afternoon, April 23rd, 1969 and 4:30 P. M. Monday, April 28. 1969 for the sale. ,�. Councilman Lammers seconded the motion. (all in favor). 1,4 Dean Charlsen: I think you are going to run into problems. The State isa so specific about selling city property. Mayor Powell: Theenergency is to get rid of it. You can haul it out and 1 store it. Dean Charlsen: The State law is to specific on city owned property. I saw think- ing about a tax payers suit. Some of the contractors were looking for wry* to get back at the City. Mayor Powell: we are still acting under emergency measures. It would bee an additional cost to take and store it any place. City Attorney: As long as we are dealing within the market price, there shouldn't be no trouble. Mayor Powell: We could wait until Monday for the proposals for the sale of the fill. Councilman Carlberg: We should b-_ careful with the contractors that we hetes. Ron: He can bid it for cheaper but it might take a longer time to do it. - Mayor Powell: I think it should be done quickly. When you call for prices, that should be understood. City Attorney: Row long would you say it would take to remove it? Ron: About 10 days. Mayor Powell: Not to exceed 14 days. Ron: Ten working days. Councilman Carlberg: If the guys have got only six trucks and you could ease 12? Councilman Lammers; If anyone bid it, they would have to have it out witliin the 14 days. Mayor Powell: The idea of this was to hire as many and not to give it to only one if they all come in with the same price. City Attorney: We had about three or four different prices. Ron: Basically they were in the same range with about $1.25 difference. 2233 • • (April 22, 1969 - continuned) _ • • Mayor Powell: I would think that in doing this I would hope that you would get all the local contractors and if somebody came in with a little lower prtLce than the last time. We have the low bid on this and if the rest can do Lt at that figure and very likely they would do it at that figure. Ron: Not one of them would have done it for the bid that you got from Pro -rest Lake. They couldn't operate their equipment and hire their men for that 'price and the reason for the low price is that they are non -union. Councilman Carlberg: i think we have to be careful with some of these amen. Dean Charlsen: There was about $1.75 per hour difference on this. Mayor Powell: I think we should get the proposals aN they are going to moms in, and from those you choose who you are going to get and you find out Lew bidders and find out from them if they can do it in ten working days and if not you are going to have to take the next low bidder. City Administrator: May I suggest when the City Engineer and I gather tEte proposals, that the Council meet and make the final determination. Mayor Powell: That won't take very long. City Administrator: I don't think we have the authority to do it. Ron: I don't think so. Mayor Powell: Is that satisfactory? Councilman Carlberg: Tomorrow at 4:30 P. M. Mayor Powell: Yes, 4:30 P. M. tomorrow for just a few minutes. That is :fine. City Administrator: I am trying to avoid any trouble. Mayor Powell: I think Dorothy should reword that motion. (motion so cormected as follows: "I make a motion that the City Administrator and the City Engineer ask the contractors who bid locally for a proposal on the cost of the removal of tthe dike and also to ask for proposals from interested parties as to purchasing lefft over fill, if available, said proposals to be in writing by 4:30 P. M. Wednesdasy, April 23, 1969 for the removal and 4:30 P. M. Monday, April 28, 1969 for tree purchasing of fill. The Council will meet at 4:30 P. M., Wednesday, Aprill 23, 1969 to review the proposals for the removal of the dike and the contractocrs should be informed at the time of making .heir prgosal that this work must: be completed in ten working days." Won OVERTI►E PAY FOR FLOOD WORMERS -- Mayor Powell: This involves the pay for the street department employees. Their business agent was over and was unhappy and our attorney feels that •ws should do this because there is no stipulations about them working for straight time even in an emergency and all we paid hem was straight time for this overtime work. City Attorney: There is nothing in the contract about straight time. I understood Mr. Melstrom to say this was general union practice. Councilman Melstrom: I thought this was the case, but I guess it is not. Mayor Powell: Row many hours are in question? Mr. Loland: This would be about $600.00 more which is 385 hours at half time. Councilman Melstrom: If it isn't in the contract, they would not accept itf. Councilman Carlberg: I personally feel that they deserve it and I feel thorny are entitled to it, as I saw how hard they worked. • • • (April 22, 1969 - continued) 235 ' e Councilman Lammers: How many guys are we talking about? Ron: Two in sanitation and basically five in the street department. Councilman Lammers: There is a little over $100.00 each. City Attorney: If we get into a lawsuit we can end up with penalties :in addition to the wages. We would be well advised to pay them. Councilman Melstrom: I move to authorize the Clerk -Treasurer to pay ow.rertime for flood control to the Street Department employees for the payroll p ariod April first to April 15th, 1969. Councilman Carlberg: There are some boys down there that are on a salamry basis, what is to be done about these people? Ron and all the boys in his department are paid on a salary basis. Councilman Wohlers: I£ you are going to pay them, then you are going etc have to pay the others too. Mr. Lolana: These are just Union men. Dean Charlsen: Police and Fire would be considered extra time. This homes out of the City funds. Councilman Wohlers: They were working under the assumption of straight! tine. Councilman Carlberg: This agreement was made before and this takes carre.o£ the regular Police and Fire and the Police Reserve and the Auxiliary. Firemen.. Actually now it is the engineering department that we are talking about, andthen adminis- trative offices. Dean Charlsen: The people in the Administrator's office didn't put in any time down there. Mr. Loland: We have the following hours involved: Radke 44 hours Haas 36 hours Thomas 39 hours Measly 35 hours Kern 13 hours Wert 39 hours Henke 26 hours Montbriand 52 hours Conati 13 hours Lemon 15 hours Wilson 31 hours Runde 52 hours Councilman Lammire: What is the status with Mr. Quick and Mr. Dahlin? Ron: They get nothing above their regular pay. Mr. Loland: We have a record of their hours and if there was anything .done about it would be paid at the end of the month -- Hhlinger 58 hours Dahlin 53 hours Quick 55 hours Shelton 6311 hours This is the overtime worked through the 15th of the month. Sone of Mr. Shelton's is not flood work. Mayor Powell: The problem is with the street department and we should mass the motion. Councilman Lammers seconded the motion. (all in favor). (April 22, 1969 - continued) • CHAMBER OF COMMERCE PROPOSED DAY OF RECOGNITION FOR TEENAGERS WHO WORMED ON THE DIME: Mayor Powell: The Chamber is here in reference to arranging something [for the teenagers who helped on the dike. First of all do we have a list oE£ those that did help? Ron: They all signed in each day. Mayor Powell: Are there some that helped that did not sign up? Ron: One day things aot a little hectic and they did work for a short /period of time without signir.g in. Dean Charlsen: Last Sunday there were about 150 there who did not sign im. Mayor Powell:The thing is that we should like to show our appreciation idm some way. Bob McGarry and Mr. Bowe are here and we can get a report from thtem. Bob McGarry: Our Retail Council has met this afternoon in line with wheat we have talked about and Mr. Bowe can give you a full report. Mr. Bowe: We feel as a Chamber and the businessmen feel that something should be done for the teenagers and as a result of a two hour meeting these arse our recomendations with the City's approval: Designate Nay the 17th, which is a Saturday, for a free picnic at PaLoneer Park. I have already talked to one of the men at the auditorium and thevy would let us have a Saturday matinee possibly in the afternoon. I have *talked to Colonel Lang at the Armory and we can get it at a reduced price to be !used for a teenage dance. We also feel and also recommend that there should bew a full page ad in the Gazette and advertising on WAVR showing appreciation and recommend that it be for all the teenagers knowing full well that we are going to get some free -loaders at this dance and the canteen. These are our reecommen- dations -- that is the full page ad showing appreciation to the teenagersm,'the free picnic at Pioneer Park, free matinee in the afternoon and the dance in the evening. We feel it will cost around $600.00 as everything is free. 61O00.00 for a full page ad, $300.00 to feed them and $100.00 for a band, thirty tko forty dollars for the armory, $30.00 to $50.00 for the show and this totals to about $600.00. The only thing that would change this would be the food. The retailers have agreed to work for a two hour shifts to dish out food. Councilman Carlberg: On the financing is the City expected to finance tFte whole thing, or are the merchants willing to pay part of it? Mr. Bowe: we want to come to you first to use Pioneer Park before it is open. Councilman Lamers: How much is the full page ad? Mr. Bowe: They have given us a price of $100.00. Councilman Carlberg: I think this is a lot to pay for an ad of appreciation. Mayor Powell: We could use the $100.00 at the picnic. Dean Charlsen: what is the capacity at the auditorium? Mr. Bowe: 500. Dean Charlsen: You are going to have peap}e outside of the theater. Thews are a lot of those who are not going to golR show at the theather. If thery have some type of Rock and Roll at Pioneer Park and spend $50.00 for this- :athet than a movie at the theater. If a thousand show up at pioneer Perlk, you would have no problems. Councilman Lammers: The younger kids couldn't attend the dance in the armory. Mr. Bowe: This was the idea of the movie. Councilman Ceriberg: Maybe you could get the show run in the evening. • • (April 22, 1969 - continued) 237 • • Mr. Bowe: That is not possible since they have a scheduled movie in the evening. Ron: Put an age limit on the movie. Mr. Bowe: It was our understanding that there were only Junior and Genitor High students released from the schools for work on the dike. Ron: On weekends there were younger ones and after school hours. too. Mayor Powell: The Chamber will very likely, and the merchants, will be Booting this bill. What could we do? City Attorney: Do we have any authority to spend any money in this area?9 Mayor Powell: We could ask the volunteer policemen if they would like to work at the dance and be present at the picnic. Dean Charlsen: Ten have volunteered already. Mr. McGarry: Policing will be the big problem. Mayor Powell: We should have s proclamation and some publicity in that tray. Councilman Wohlers: Has Larry Churchill talked to you at all about insur-.ance on this? Councilman Carlberg: It is not that expensive. Mr. McGarry: Yes, we have done this. Mayor Powell: As long as you know how we feel. I don't feel that we shoulld set the course. It is the merchants that are going to be doing it and it wouold be in a large sense their affair. I like what you have presented. Hr. Bowet We don't feel that we have any problems in raising the money., I like the suggestion that if the day is nice that we get a Rock Band up att the shell. We want permission to use the park. Mayor Powell: You certainly have this. Councilman Cariberg: If I can help in anyway. I will be happy to do so. I will even make a contribution to the fund. Mayor Powell: If you need the Council in any way, please feel free to call on us. Mr. McGarry: The more men that we have in back of this the better. we would like to get together with you and the police Department before and see how we are going to do this. Mayor Powell: We should have a patrolman at each entrance so that no ore who has been drinking be allowed in. Mr.. McGarry: We will be in touch with you again and check on the policing. Mr. Bowe: Thank you for your considerations. REASSIGNMENT OP JOSS IN THE ENGINEERING OFFICE -- Ron: Mr. Dahlin will find other employment as soon as possible. Mr. Qu::ick has not really said anything. He said he would like a little time to think :it over. Mayor Powell: The Administrator might check to see what spots might be *open in other departments. He could be made aware of this. Councilman Lammers: It is hard to believe that we can get along withoutan engineer except Banister. • • (April 22, 1969 - continued) • Mayor Powell: Ron knows and the Council knows that on the 15th of May he will be in another place. That leaves two man and we should check to see what these men might be interested in and this would be a problem and we should give it some thought. Mr. Quick desires or had mentioned that the street department employees were getting more than should give risomething a things in that general nature. If there was room, to apply or if there was room in another department he might be made aware of it. Councilman Carlberg: I think that we are a little bit at fault as far with both of these employees are concerned. 1 would like to get together both of these fellows and talk to them and the City Administrator. Mayor Powell: We are going to meet tomorrow at 4:30. Maybe we can do it than. Councilman Carlberg: Maybe there will be room for it. I would like to hay.ve a chance to talk to these fellows. Councilman Wohlers: We will have to have somebody in the engineer's office. Jack can't run between the two of them. Councilman Carlberg: Jack could be here tomorrow also. Mayor Powell: It is only fair to them and they should know what the cir- cumstances are. We are meeting at 4:30. Thare are other problems. Ron: It was my understanding when that organization procedure was set up for the flood that I would use such men in all departments as I deemed necessary. You have one Rennie Wert who was told to work on the dike or do home. He has been working on the dike and it has been necessary to use hills because one of the other men was sent home last Tuesday. Rennie Wert worloied 24 hours per day. I don't believe this is exactly right that this man no longer has a job in the Street Department. Councilmen Lammers: Who told him? Ron: The Street Superintendent or the Street Foreman told him. He was work- ing with Dan Thomas. Councilmen Carlberg: I don't feel this is right. City Administrator: I think what you should do is hear the other side of the story. I think you should hear Mr. Ragen's story. Councilman Carlberg= Maybe Mr. Hagen should be here and discuss this with us. Ron: When I needed men, I called them and they kept on working for re until I released them. Councilman Carlberg: What is the situation with Steve Montbriand? City Administrator: He is back to work. Steve Montbriand came to work are morning and he was told to go home. He did so without any controverseytan thethis tt d he is now back to work for several days and this matter came ame could. When hear- the ine business agent came over to my office,9 loud conversation that came out of my office door and he told me that I don't know if you realize it or not according to the resolutions and ord:in- ance passed by the City that you are directly responsible for these empl..oyees and you are responsible to the Council. He did say that if you were hays any trouble about this overtime, I am going to use you for everything you ha•,ve got and I don't mean maybe. This all leads up to the o tMeson hriande matter. of called Mr. Hagen and Mr. Hagen answered all que the business agent. Montbriand was sent home and he sent him home becauese he waent said u ave any more men hat re weswilllnsendTthem busines if he one thingledot hanother and many.tmanyainn. , came into this conversation. Mayor Powell: Fire a man. • • (April 22, 1969 - continued) 239 • • City Administrator: Mr. Hagen said he should have something more than m rumor. Mr. McPherson, business agent, says he is still is going to sue us for this overtime as this is a violation of the public law and the contract. Harold, how did you find him? He called on you after leaving my office. City Attorney: He was very polite when he stopped at my office. Councilman Lammers: Would it warrant coming before the Council to clean. the air? It is unfortunate to harrass you. City Administrator: If this is the way they go about their business, lI don't know, but if he was serious that is another thing. Councilman Wohlers: There was a misunderstanding on this time and one-blalf. Mayor Powell: They had certain hours to work and they had to start to work earlier and were working later. City Adminietrators Montbriand regularly starts at 7:00 A. M. and if he works over eight hours on a given day he could take additional time off and mthe Street Foreman went along with that. The business agent informed Mt. Hagen, Street Foreman, this cannot be done in the future. The Street Foreman has been Liberal on a rainy day you will find there will be men sitting in trucksand one man complained. I drove up there and they were sitting there in the truck.., I think this is a two way street and they should work together on a give and tsilte basis. Ron: All last summer when Montbriand would go down on the street earlsm Mr. Hagen tried to keep him working so many hours and then he would take a long weekend. This was done for the whole summer. Councilman Melstrom: That works that way in Stillwater. That is agairmst the rules. Mayor Powell: The shop steward could, if he wanted to. he could have come to Les or Wayne. Generally a shop steward usually goes to the foreman beffiore he goes to the business agent, then the union is called in and I would likte to see this. In the Street Department there never was an election for a shop steward. City Administrator: I hope that I answered his questions and I hope tFtat we can eliminate some future problems. I got a little hot under the collar and probably we will eliminate some future problems. It was agreed if theme were any grievances from any of the men, Mr. McPherson, shop steward will come to Stillwater and straighten it out rather than take the word from anyone person. City Attorney: There is no provision in the contract for emergencies. Councilman Wohleras Did the union declare an emergency in 1965? Councilman Meletrom: The Union declared their own in 1965. (Mr. Inland read the section of the contract regarding overtime mossy and there is no exclusion for emergencies.) RESOLUTIONS The following resolution was read and on roll call was unanimously adoppted: 1. Award the bid for Local Improvement No. 83. (Tower Asphalt, Inc.).. ADJOURNMENT On motion of councilman Cariberg, seconded by Councilman Melstrom the :meeting adjourned at 4:30 P. M. �'\1 Attest: (/ w '-a2n.,__kA City Clerk Mayor • • COUNCIL CHAMBERS Stillwater. Minnesota April 23, 1969 4:30 P. M. SPECIAL MEETING The meeting was called to order by President Powell. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Prows11. Absent: None Also Present: City Administrator, Brower; Assistant to the City Administteator, Loland; City Engineer, Ehlinger; City Attorney, Kimmel; Pxsancis Quick, James Dahlin; Bud Moelter; David Junker; Pete Miller( This meeting was called for the purpose of opening the proposals for the nenoval of the dike. The Clerk opened the six (6) proposals received from the following: Miller Excavating, Inc., Stillwater Moelter Construction Co.. Stillwater Tower Asphalt, Inc., St. Paul Charles Lovejoy, St. Paul Marvin Rehbein, Forest Lake David Junker. Stillwater city Attorney: We are doing this under emergency power to hire somebody an a hourly rate for a total job. We are just asking for the hourly rate. It is my understanding after they received the proposals they would determine hcow they are going to de the job. Hire somebody se much per hour to do so men work and no bond is to be posted. Ron( I told then all to state the amount of time they will take. Councilman Carlberg: Ds they list the number of vehicles? Mr.. Miller: We can give you the time limit which we did not give you. Mayor Powell: As quickly as we can we would like to have the trains come Jim and out. They can give us a lot of problems and the crossing to Wisconsin anSthat was our main concern. The tracks, Muller Boat Works and the parking areas both City and iooleye are important. Ron: We want to get it done and work on it until it is done. Councilman Lammers: How long will it take you to tabulate these and come up with a recommendation. Ron: There are many variables here. I wanted the time period. Mayor Powell: Is it possible for you Les and Harold to meet with these haulers and perhaps to make a decision to get the job done fast. You can go by two prices. It appears that some are high. Ron: We have one here for all intense purposes is higher than the rest. Councilman Carlberg: Mr. Junker, how long do you think it would take you to get rid of the whole dike? David Junker: About 18 days. Councilman Carlberg: Mr. Moelter, how many trucks do you have available? (April 23, 1969 - continued) 241 • • Mr. Shelters I had 30 to put it up and would have 30 to take it out. Councilman Carlberg: Mr. Rehbein how many trucks and how long would it tatte you? Mr. Rehbeins We have 12 trucks and I think we could do it in ten days. TPhat is the whole dike. Councilman Lammers: Pete, how many trucks do you have available? Pete Miller: I could get as many as you would necessitate on a ten day liimit. With three loaders about 15 trucks. The railroad is the part that we will have to get out withidn The rest could be done within 15 days if necessary. Do you prefer that we take one contractor to do the whole job? Mayor Powell: the ten days. City Attorneys Mayor Powell: If it was left to one contractor, he would go the rest of tithe men right here. If that what would be the practice? Ron: I would imagine. It would be one contractor to use all available emnipment. Pets Miller: Would it be possible to step the dike off and split the dike?? Mayor Powell: I was wondering the same thing. Mr. Miller: Too many would be crowded. Two would be the greatest. Ron: That is possible. Mayor Powell: We have Junker as low on the hauling and it appears that RelDbein is low on the loader and perhaps you can't get by with one loader and you can't get by with 10 trucks. The Council up here not being in that business migght not come up with a real good answer. I am wondering if the engineer should °discuss it with these people. Councilman Melstrom: Maybe the engineer could meet with these people and come back with a recommendation. City Administrator: It has been suggested that if we could be given a litttle time (the City Engineer. City Attorney and myself) we could come up with :a proposal as to who has the lowest bid. At this point in the meeting the City Administrator, City Attorney, Assistant to the City Administrator and the City Engineer left the Council Chambers to make some calculations on these proposals. EMPLOYEES OF THE ENGINEERING DEPARTMENT Mayor Powell: We will continue on with the employees of the engineering staff. Jim Dahlin, I have heard by the grapevine that you have another job offers. Jim Dahlin: I do have. Mayor Powell: Necessarily. Mr. Quick, do you have an offer? Francis Quick: Necessarily, I don't. Mayor Powell: If there are jobs available within the City, they would bee available to you and you will be hired for them. Perhaps there will be more or maybe two. If you did have a job. I feel it would be fair to keep them ore until the other job is available. Councilman Melstrom: 3 still feel that we will have to have somebody theme to help Jack out. Mayor Powell: Jack will be the general foreman of the sewage plant and iln charge of the engineering and the blueprints. • • (April 23, 1969 - continued)Q • • Councilman Lammers: There are several factors involved in our setup and the employees. We should sit down and decide who is needed and what. Is now the tine to get the thoughts on the department? Mayor Powell: As you know we are going to a consulting engineering serving and the engineering you do is then is 10% of the total bid. This was the feeling that we would cut down and we would be saving the taxpayers some money. If Francis was in some other place in the City and we had something he could so in this department, we could use him here. The schooling you have had would be of an advantage to you. If we should have a drafting department with an engineer or not is another question. Mr. Dahlin: All that I have heard was through the grapevine. Councilman Carlberg: It is pretty much our fault and we should have contacted you right away and I don't think we can say now there is no job for you. Mayor Powell: The reason that this did not come about is that we gave Ron the figures and he was to come up with why it was that way. The flood came um and why the cost of 25% was not explained. If Ron would have come back wiith an answer we would have had a meeting on this before now. Mr. Quick: You are still going to have an inspector. You are going to haw someone there to do the routine inspecting. You are going to have to mainvtain an office down there and Jack won't be able to take care of it. You stilt have to have somebody down there. I don't believe Jack will be able to handle it. You will have people coming in to look for blueprints. Mayor Powell: I thought that perhaps if Jack were picked for that he wound do the testing and the supervision up here and get another man for a superr- visor down there. Mr. Quick: You are defeating your own purpose down there for price cutting. Councilman Wohlers: Do you feel that you could handle these things down Wee? Mr. Quick: Some of this I could do with some supervision. If I stay on, 11 want more than $500.00 per month. Councilman Lammers: I don't think Jack has been approached on it. Would Jack be willing to take on general supervision and you give him a hand and! also work into the sewer plant. Nr. Quick: That would be acceptable. If I have the salary I will go to school on my own account. I have a job offer with Banister Engineering but I don't went to travel 80 miles per day. Mayor Powell: Just so that it is clear in my mind if either of you had looked to another job if there is one available? Nr. Dahlin: Since I heard through the grapevine,I keptmy eyes open and whnether or not I want them or not I really can't say. Basically, because I still don't know what is going to happen here. Nayor Powell: If you get a consulting engineer, then drafting goes with iit. Councilman Carlberg: Frank has a good point that contractors do come in thnere to see blueprints. Mayor Powell: Jack is the overall supervisor. Now we have two men down tzbere. It would be the Council's determination as to who was to be down there and! I would just have to say that drafting comes with the other and that would llaave Jim looking for another job. I would also think that he should have the time necessary to find another job. Mr. Dahlin: You make it sound that drafting is all that I do. I have been doing the surveying along with the drafting. Councilman Carlberg: Would you be interested in taking the testings down :at the sewage plant? Mr. Dahlin: Yes, I would. • (April 23. 1969 - continueed) 243 ' Councilman Carlberg: I don't think that we should be telling anybody• to go looking for another job. We are going to have to sit down with Ron air" Jack Shelton and Ron is going to make some recommendations to us as to was t we will need. Mayor Powell: When we find out from Jack and Ron and we can talk it osier with them and we will let you know. Nobody is going to say that you are tJarough May 15th when Ron leaves. Mr. Quick: We might be here a month - we might be here two weeks. Mayor Powell: If you knew in two weeks how soon we were going into tale, should be enough and actually you would have until the end of the year. Mr. Quick: How long will they wait for me? Mayor Powell: In a couple of weeks we will know hew many cmen we tilll need. We aren't going to tell you that you have got to go by a Mr. Quid.:: How about wage increases? Mayor Powell: I don't think that we should talk about wage increasenc until we know who will be there. Councilman Lammers: This hasn't been determined because of the floant. I am wondering Jim with your duties as far as things you do now, do you f._eel that maybe we do not have a City Engineer that we do need an employee of tthe City back here on a local level? Mr. Dahlin: My feeling is that I think that you would need two men *down there and if you are going to Secondary Treatment you will need another maim down there. I think there would have to be a man put on down there. Mr. Quick: If you have Secondary treatment you are going have a laboratory technican. You are going to have to go out and find one. Mayor Powell: That bridge we are going to have to cross when we get: there. By that time we could tell Jack to go Owen there and the other man wound either take over or we would find someone else to take over. I think it ise only right and the proper thing for us to do and we will talk to Ron and Jack i.immediately and get their opinions as to how they would want it done and this iasn't going to be any great length of time. We should knew before the first of May and you will know what is going to happen. We almost have to leave it at thaat for now. Councilman Melstrom: Will that change your decision as far as a job is concerned. Nr. Dahlin: I am really waiting. Mayor Powell: There is another thing and that is we plan to save meow and if we cut one man's salary out of it, I am wondering how much money we! are saino Maybe we are going the wrong route. We will find that out better by, v Ron and Jack. We will be as fair as we can if you are going to leay.•e. is Nr. Quick: Who/going to check the consulting engineer? Councilman Melstrom: I have an idea that prank will stay. We are :mot sure what is going to happen. Neither one of them shouldn't feel obligated to stay. Mr. Quick: I am not making much money. If I were to say, would it= be worth it for me to stay. Mayor Powell: When we are talking about one man in the engineeringg department and the possibility of Jack being that man, maybe both of you will be in the City of Stillwater, maybe there is another job some place else hat& is to the others liking. We can't say that yet. I think we will know by the end to April. We are not talking about very much time. The meeting was called too let you knot.' our thinking on the matter. Councilman Lammers: Salary will depend upon the duties involved. it would be a broader scope of employment. There have bee: due problems as far as dissatis- faction I am sure and the problems and the criticisms will com9out in the discussion that we have. We have to be frank and some people mightt be embarrassed. • 244 (April 23, 1969 - continued) • • Mayor Powell: There is nothing better than a good understanding between yogi and us. We can talk frankly without getting mad.. Mr. Quick: I feel that I have a better knowledge and more responsibility than these people up on the hill.(this refers to the street department) Mayor Powell: If there is an opening in the Street Department, would you want it? Mr. Quick: I don't know. There was a raise proposed for me on March 21st which I didn't get. I would prefer to staydown below. The Street Depart- ment 'no'. Mayor Powell: As soon as we know we will have another meeting with you an8l hash it out. Technically we can keep you until the first of the year as thee money is in the budget. Councilman Carlberg: we are going to see what we can do for you and for thle City. I think we will have to let things ride more or less for now. (Mr. Dahlin and Mr. Quick were dismissed at this point in the meeting) The City Administrator, City Engineer, City Attorney and Assistant to the City Administrator returned with their calculations on the proposals for ttte removal of the dike, and reported to the Council. Considerable discussion followed and it was decided to call each of the contractors into the Council Chambers and fill in the missing figures on each proposal. The first to be called in was Rehbein Contracting. After some discussion with him, it was decided that the complete job would be bid in its entirety and sign a contract with the successful bidder, (all the bidders returned to the Council Chambers at this time.) Mayor Powell: We have so many variables and it was the feeling of the Council we would like to have you submit bids for the removal of 41,500 yards of dirt. The City craw will come in tomorrow morning and open up the bridge. We would like to have a firm bid on removing the whole dike by the Contractor. Otherwise we are going to run into problems. We would like to have a time limit of 15 working days on it. We can only get into ` problems unless we do this. If we have a firm bid that becomes your problem. Mr. !Welter: Are you going to require a bond? City Attorney: A performance bond, yes. We want to start Monday morning. Would this give you time to get the necessary bonds? Mr. Welters If you have no bid bond, how do you know if they can get a performance bond? City Attorney: We will find out immediately if they can get a bond or not.. Whoever gets the bid will have to have the bond immediately. Mr. !Welters On the disposal site where you are putting this, are you going to have some specifications mentioned on the disposal there. Ron: You are to level as you haul it in. You will have to have a bulldozeet of adequate size. City Attorney: The disposal sites will be within a radius of three miles. Mr. Metter: If you are going to put it out at MCEusick's Lake it will nakce a big difference. Mayor Powell: We plant to dispose of it at either Lily Lake or the old Dump Site. Councilman Carlberg: If we sell some of this fill, they would have to takes it to their property. wow • (April 23, 1969 - continued) 245 • • City Attorney: I think we should forget about what we are going to Bell. The following bid proposal was drafted and distributed to the contractors interested in bidding on this job: 1. Remove 41,500 yards of material - dike area and cleanup. 2. Disposed of on either the City Dump Site or Lily Lake Beach. 3. To be completed within 15 working days of date of commencement. 4. Work to commence April 25, 1969. 5. Bid to be accompanied by a 5% bid bond. cash or certified check., 6. Performance bond required on the execution of the contract and prior to commencement. 7. Provide bulldozer at disposal site. B. Li ability yInsurances of aandl000.00, evidence$10,000.00 of Workman'snCompenisation Coverage. 9. Streets and Railways to be opened first at the directionof the. City Engineer. 10. Bids shall be received at the office of the City Clerk no later: than 5:00 P. M.. April 24. 1969. Bids to be opened at 5:00 P. M.. A_spril 24, 1969. ADJDORNIR01£ On motion of Councilman Carlberg, seconded by Councilman Meletrom the meeting ajjnu.-n.9d at 6:20 P. M. Mayor Attest: Abiel-L'1CA> City Clerk e • COUNCIL CBAMBRRs Stillwater, Minnesota April 24, 1969 5:00 P. M. SPECIAL MEETING The meeting was called to order by President Powell. Present: Councilmen Carlberg (late), Lamers, Mohlers and President; Powell. Absent: Councilman Meletrom Also Present: City Administrator, Brower: Assistant to the City Administrator, Loland: City Engineer, Ehlinger: City Attorney, I:imm el. This was the day and time to open bid proposals for the removalof tits dike. The City C1erk,City Engineer and City Attorney opened the following bolds: Bid No. 1 Tower Asphalt, Inc. St. Paul, Minnesota Bid Bond Total Bid $33,900.00 Bid No. 2 Moelter Construction Co., Inc. Stillwater, Minnesota Bid Bond Total Bid $26,000.00 Bid Mo. 3 Miller Excavating Stillwater, Minnesota Certified Check Total Bid $37.800.00 Bid No. 4 Marvin Rehbein Contracting, Inc. Forest Lake, Minnesota Bid Bond Total Bid $27,360.00 Bid No. 5 Junker Landscaping Stillwater, Minnesota Certified Check Total Bid $24,994.00 On motion of Councilman Lammers, seconded by Councilman Wohlers introdnaced a resolution that we accept the low bid from the Junker Landscaping of $:14,994.00 and prior to commencing with the work tomorrow a contract be entered Mato by the City of Stillwater in accordance with the specifications. (see reseoiutione). (April 24, 1969 - continued) EXCAVATION BOND FOR GIBSON On motion of Councilman Carlberg, seconded by Councilman Lammers the bend vto excavate in the City streets was approved for Lyle Gibson, 269 South Third Street, Bayport. Minnesota for a period of one year, abject to the approval of the City Attorney. RESOLUTIONS The following resolution was read and on roll call was unanimously adopted* 1. Awarding the contract for the removal of the dike to Junker Landscapiiag. AOJOBRW lfl On motion of Councilman Lammers. seconded by Councilmen wohlers the meeting adjourned at 5s10 F. M. Attests 4 sa-k- l City Clerk • • COUNCIL CHAMBERS Stillwater, Minnesota SPECIAL MEETING The meting was called to order by President Powell. Present: Councilmen Lancers, Wohlers and President Powell. Absent Councilmen Carlberg and Melstrom April 28, 1969 4:30 P. M. Also Present: City Administrator, Brower: Assistant to the City Adminisettator, Loland: City Attorney, Kimmel. Mayor Powell: If Moulton bids will the bid include hauling? City Attorney: No. This was the day and time set to open bids for sandfill from the dike. The Clerk read the advertisement for bids aloud: the Mayor inquired if tin advertisementfor bid was published and the Clerk informed the Council that the advertisement for bid was published in the Stillwater Evening Gazette:,. the official newspaper of the City on April 25, 1969. The following bids were opened: Bid No. 1 Hooley wholesale Neat Co. Stillwater, Minnesota Bid Price 6C per yard Quantity None given Bid No. 2 Frank E. Aiple Stillwater, Minnesota Bid Price 11h0per yard Quantity 10,000 to 15,000 yards(to bee delivered to his property) Bid No. 3 T. S. Moulton Stillwater, Minnesota Bid Price 13C per cubic yard for the first 2,000 cubic yards 80 per cubic yard for the next 3,000 cubic yards cox more. Bid No. 4 David C. Junker Stillwater, Minnesota Bid Price SO per yard on 5,000 yards. Bid No. 5 Robert W. Hayner Bayport, Minnesota Bid Price 810 per yard Quantity 1,000 yards. e • (April 28, 1969 - continuasd) Mayor Powell: We will meet at 7:00 P. M., April 30, 1969 to dispose off these bids. City Attorney: Choc Junker should kick back something to the City for his hauling of the dike to private property. Mayor Powell: See if we can't get a $700.00 rebate on 5,000 yards. ADJOURNMENT On motion of Councilman Lammers, adjourned at 5:30 P. M. Attest: City Clerk seconded by Councilman Mohler. the seating Mayor 249 ` • • COUNCIL CHAMBERS April 30, 1969 6:45 P. M.. Stillwater, Minnesota SPECIAL MEETING The meeting was called to order by President Powell. Present: Councilmen Carlberg, Lammers, wohlers and President Powell Absents Councilman Meletrom Also Present: city Administrator, Brower; City Attorney, Rismel. Citizens: Gordan Larson, William Fierke, Bob Steindorff, Duane Ellicott from BanisterEngineering. PRELIMINARY PLAT FOR T 6 L. INC. Mr. Larson, Mr. Fierke and Mr. Steindorff talked informally with the CCouncil ly wregarding the ith regarding the putting iCode n and the services sand athe streets t the oand the per �fiinan- cing of same. City Attorney: This guarantees that the improvements will get is. It is tough to get bonds and is 100% collateral. The main purpose is that the sewer, water and street are put in when the guy buys his house. The manner in which some cities do it, it is done by assessments on a short time basis. We can waive about any requires - :Dents we want to in this or we can amend the ordinance. (Mayor Powell read the section which applied to variances in these matters). City Attorney: If we are going to have new plate, I think we shoouid have the streets. feweendon'traabuthe thse is, wle eart to live can accomplishewhat we espied-allynre to accomplish. Mayor Powell: It is conceivable that we would be doing it for two different companies at the same time. Councilman Lammers: I think we would hope to be uniform. Mayor Powell: As far as the interest rate on assessments that sere paid off over a period years, we charge 6%. We could possibly still sell bonds for 6%. I think that when you Councilmen are tthink- ing about this, you have to realize that in the City of Stillwatrer up to this present time our main source of growth has been residdenHa1 and if we are going to continue to grow something might have to be done along these lines. We could be a finance company if too many would do this. Councilman Lammers: How soon do you have to know on this? Mr. Steindorff: Tomorrow morning. Mr. Fierke: Not really - next week some time would be fine. Wee wiL1 bring in the contracts for the first ten lots and within a reasoomable time we would like to build and if possible this summer. Mayor Powell: For a three year period of time, I would go along with it. Harold, is it possible to amend this ordinance? gam (April 30, 1969 - continued) • 251 • City Attorneys The County has put in a sub -division ordinance. We shout& take a look at this and see how it compares to ours. Mayor Powell: May 6th is another week and the Council will have it to look at it. Whatever you do in a hurry you are generally sorry for it. What price range are you talking about? Mr. Steindorff: From $28.000 to $33,000 and the lot costs are from $4,2000 to $5,500. That is with everything including underground power. The range might be from $35.000.00 to $40,000.00. Councilman Carlberg: What about utilities like telephone, gas, etc.? Mr. Steindorff: Everything will be in - in fact I have the contracts on nor desk now. Mayor Powell: On the preliminary plat whatever you do each lot will haves to be 10.000 square feet even if you have to fill in to do it. Mr. Steindorff: This has been taken care of. Mr. Fierke: We are asking for the financial help here. If you encourage smaller builders to work more slowly, it is much better. Mayor Powell: Save you taken any of your plans before the Planning Commission? Mr. Fierke: All of them so far. Our next plans are not ready for the Maiming Commission as yet. Mayor Powell: It is nice to work with them. That is what a Planning Commission is for. They do have sour good suggestions. Mr. Steindorff: They were very happy with our plat and there are some very capable men there. Mayor Powell: Then this matter will be considered on May 6th and we will make our decision. DIKE FILL CONTRACT - EXTRA SAND -- Mayor Powell: Tom Moulton was the high bidder which was 130 for the first 2.000 yards and 8C per yard for the next 3,000. Councilmen Wohlers: If we have to go out and buy it, we pay through the mose. Mayor Powell: We have the bids. We should do it right now. I would like to see them to continue to fill in at the dump and not haul to Lily Lake as the blacktop out by the dump is all breaking up and we would probably do the same to Greeley Street. Is it agreeable to give the bid to Tom Moulton. Aiple mould take whatever he could get. I have talked to Choc about the hauling of this. Councilmen Carlberg: I move that the bid of Tom Moulton for 130 for the first 2,000 yards and 8C for the next 3,000 be accepted. Councilmen Wohlers seconded the motion. (all in favor). CLEANUP WEEK Mayor Powell: We are planning according to our garbage and refuse pickuR we will have two cleanup weeks each year. This is a good time as the street crews do have the time available. We should give everybody enough tine to prepares for it and I would suggest that we have it the week of May 12, if that is agreeable. On motion of Councilman Wohlers, seconded by Councilman Carlberg them Spring Cleanup week will be the week of May 12, 1969. • • (April 30, 1969 - continued) ADJOURNMENT On motion of Councilman Nohlers, seconded by Councilman Lammers the meeting adjourned at 7:30 P. M. Attest: City Clerk • COUNCIL CHAMBERS Stillwater, Minnesota SPECIAL MEETING May 5, 1969 4:30 P. 11. The meeting was called to order by President Powell. Present: Councilmen Carlberg, Lammers, Wohlers and President Powell Absent: Councilman Wohlers Also Present: City Administrator, Brower; Assistant to the City Administrantor, Loland; City Attorney, Kimmel; City Engineer, Ehlinger; °axia.e Springsted - Bonding Consultant. Parking Committee: Bob McGarry, Dick Jeans, Jim Qualey and Warren Bowe Bob McGarry: About a year ago we saw the need for parking in the core areas. This is the area of the Minnesota Mercantile Building and the Stillwater Haardware warehouse next door and the adjacent property from the railroad. We feel t:_hat we would like to bring this to a head now. Dick will you give them the figure.. that we have to date on this. Dick Jeans: The total cost involving the whole area would be about $107,0400.00. This is the acquisition, demolishing, tarring and metering for these lots. The cost is about $80,000.00 for acquisition, $18,000.00 for demolishing, blackttopping and metering. The railroad property cost would be $9,000.00 for removing film ` spur and metering. We propose a revenue bond issue of $120,000.00 payable $12,0000.00 or year for 15 years with a revenue of $23,000.00 per year which we hope to show. question is this enough re-ienue ($23,000.00) per year for $120,000.00 R®venue Bond Issue? Is this a salable issue? Mr. Springsted: Is the $23,000.00 a net operating profit? Dick Jeans: This $23,000.00 is the gross revenue. Mr. Springsted: Bow much projected costs would there be? You can't pledge !gross revenue without special legislation. Ron: I don't know what your expenses on meters will be. Dick Jeann: What type of gross revenue do you have to have? Mr. Springsted: The gross revenue doesn't mean anything. It is what is left! after you pay the bills. You would have to have a net revenue of about $15,0000.00. Dick Jeans: I would think that $8,000.00 would be enough for maintenance. Mr. Springsted: How many meters will there be? Dick Jeans: This is total parking in the downtown area not in the new parking lot? Mr. Springsted: How many new and old meters? Dick Jeans: How many meters in the North lot? Mr. Loland: There are 66 meters in the North Lot, 34 in the others and 248 on -street. Mr. Jeans: We are adding 44 and 68, this makes a total of 460 total, of which 50 we will be leasing on a guaranteed basis. That would be 410 with heads on them. Mr. Springsted: What kind of money are you making now over opting costs? • • (Nay 5, 1969 - continued) e • Dick Jeans: We have the gross figures here on $16,333.00. Mr. Springsted: What gets charged against it? Mr. Brower: Wayne, what charges do come out of this? Mr. Loland: $13,900.00 into the General Fund. Out of there comes Ruben's salary and a lot of other expenses. Mt. Springsteds The total take about $21,000.00. To be quite frank with yam a revenue bond today on something of this kind is mighty tough. You pledge the net revenue and because this is all that is pledged in order to make a bond issue marketable you have to have coverage not only the amount necessary to meet principal and interest, there would be a little umbrella of about one and one half times on an issue of this type. Mt. McGarry: What is the interest rate? Nr. Springsted: Depending how the figures work out - here we would be looking at at least 61f at a maximum on this project. Mr. McGarry: Is this the only way we can do this is through a Revenue Bondf Mr. Springsted: It can be done as the present bond is being done and that i:_s by assessing 50% of the cost to the businessmen. Nt. Jeans: We would like to avoid that. Mr. Springsted: Another approach that we have discussed before would be the possibility of selling second lien bonds which would reduce the amount of financing for first lien bonds. I would prefer that if [were a businessman... On an sment you would get nothing back but on a second lien bond you coveld get this back in time. Mr. McGarry: Row many second lien bonds would we have to sell? Nr. pringsted: Obviously the more the better but I would think that this could be reduced 25 to 30 thousand dollars it would help a lot. (Mayor Powell, Councilman Carlberg, Councilman wohlers arrived at this point in the meeting and Mr. Jeans went over the figures and propoosal to bring them up to date). Nr. McGarry: Some of these meter heads that you have now are quite old and roll would take the 50 leased meter heads and update the present meters and we wounld strongly recommend the possibility of hiring a meter maid to effectively polfice these meters. This is part of the total package. Mr. Jeans: All the reasons we went over them last fall. We have to strengthen the downtown area to protect the core area. We want to keep our downtown taxa base. We have a bad traffic problem downtown and we can in the future develop/ a one way traffic here. The Mercantile building detracts from the downtown area. This would continue to improve the value of our property and increase our tax base and there are many reasons we need it. .-. Councilman Carlberg: When you are talking about removing the buildings. does this include the warehouses to the South? Mayor Powell: It includes the Mercantile building and the Stillwater Hardware warehouse. Mr. Jeans: The others is railroad property that is used by the Mercantile as: long as they have a need for it for storage. Mayor Powell: The Mercantile wants $60,000.00 for their building. Mr. Jeans: $65,000.00 - that is the figure that we had last fall. Mayor Powell: The year before that it was for sale for $40,000.00. • (May 5, 1969 - continued) 255 • Mr. Jeans: The tax base was reduced to $56,000.00. If that is true, ti:hen $65.000.00 is not an unfair price. Mayor Powell: Then the market value is $80,000.00. Mr. Jeans: It was appraised at $56,000.00. This was two years ago wheel we had the reappraisal. Mayor Powell: How accurate are these figures that you have given them? would they be about the same now? Ron: Yes. Mr. Jeans: We came up with a total of $107,000.00 and proposed a $120,0000.00 bond. We want to avoid the 50% swot if possible. Mr. Springsted: What are the rates being charged on these meters? Mr. McGarry: Five cents per hour, penny for 12 minutes, two hour meters and 250 meters on sow of our parking lots. Quarter ones pay for ten hours. Nr. Jeans: On the new ones they are going to be basically 5C with an hour limit. Mr. Springsteds Last year there was a net income of $11,000.00 on. 298 ammeters so we are going to have to almost double it with only 112 new meters which.: -seems that there would have to be an adjustment of rates. I think these one ..a ent meters.: can't even pay for the cost of collection. I don't know,how you :feel -about a nickel. Personally, I think people would pay a dime as well as a nicktsl. if people object to a meter, they object on the principle rather than the amount. Also these ten hour meters defeat the purpose. Mr. Jeans: These are on the fringe areas to take care of the all -day parking for those working in the downtown area. Mr. Springsted: You have two hour parking on the fringe area where it.. ism mot metered. Ron: No. Mr. Springsted: This would help if you would put a two hour limit on the unmetered areas. Mr. Jeans: You have to get way up on South Third Street to get out of theta non - metered area. Councilman Lammers: Does the area along the river figure into this area?? Mr. Jeans: Yes. Mayor Powell: Did we avoid the minimum charge for the railraod property?' Mr. Jeans: This was dropped to a minimum of $1,200.00. There should be ?to problem with the minimum amount of revenue produced. Councilman Carlberg: Don't we have to give them a portion of this? Mayor Powell: This if 50% of the $2,400.00. Mr. Springsted: How much from the Off -Street parking? Mr. Jeans: Thirty-four meters for $1.200. This is a little lees than $4C .0O per meter. Sixty cars are parking there now free. Councilman Lammers: How much revenue are we getting out of parking violatfions? Mr. Loland: About $2.100.00 last year. Councilman Lammers: How much so far this year? • 256 (May 5, 1969 - continued) • Mt. Loland: The rate went from $1.00 to $5.00 after 15 days so this ye:nr'■ rate might be more. Mr. Bows We are getting complaints from many people who are parking ddwen- town by a meter and never get a ticket. During the flood these free-Laaders went into the parking lots and if you checked your receipts you could probably check:this out. Mr. McGarry: what could we do as far as more inspection if it is necessary to make it something that will be salable? Mt. Bpringsteds First ascertain what the cost is. What is being changed against it. Her much of the Police Department cost is being charged against the parking revenue fund. Mt. Lolands Hone of the Police Department. We have one man that is as division of the Police Department that takes care of the meters and hiss salary is in here. Mt. springsted: What about repair and maintenance? Mr. Loland: Hissalaryis in there and he does the repair work. Than was. for 1968 and it is little higher now. Mt. Kimmel: The salary for the meter maid would have to come out of tzars. Mt. McGarry: Do we set up some definite cost proposal here? Mr. Springsted: Go over the last two years of the charges we could reason- ably expect to be -made- against the fund and make a hard -nose project am to how much is coming in per meter. Today it is hard to be optimistic wilth the present rates but if we could have sweet or so to put some figures toogether we could be are ihtelligent. Mt. McGarry: Is there anything that we could do? Mt. Springsted: We could probably come back to you for some help. Mayor Powell: One thine that you might do if you could find out amongst the businessmen if they could buy second lien bonds to 50% with the idea iif you didn't do it that way they would be 50%. Do you think that wwould -be possible? As far as the Council is concerned we have to look at the ;grassers that w get from the other side. This mightbe a good way butnot necessarily the only way. Make a check how much could be raised that we could consider." Mr. Springsted: Poll the people downtown if the rates were increased.. There ought to be a rate adjustment. Mayor Powell: The thing that we are concerned about mainlywhere there is no parking charge you would try to maintain the charge. Mr. Springsted: Weigh that against not parking or nothing. The Counciil could he rates unless the businessmen don't feel that is fair. Mr. Jeans: We would rather keep the rates as they are. Councilmen Lammers: Have you ever polled the businessmen? Mr. McGarry: No. Mayor Powell: If you had $60,000.00 t•: all, then the revenue might artay the same. Mr. Springsted: You might talk to Winona about this. Mt. McGarry: we will do sone checking as far as the second lien bonds and the changing of the revenue. • (May 5, 1969 - continued) 257 Mr. Springsteds You could run a survey for about a weak on these various lots on their occupancy. That would give us a good basis to make a pro:gect. Mr. McGarry: The ones on the North end are way out of the core area and .you Can't compare these with the core area. Mr. springsteds What about the On -Street parking in this area? Mt. McGarry: In the core area it is full all of the time. If this periling was set up twenty years ago, we wouldn't have to do this. That is my argument. If money would have been designated for parking, we would not have thic pr.-$blem. Mayor Powell: we would have to raise the limit of the mill levy long beefore that. All of these things were planned. llt. McGarry: These funds belong exactly what they are for. That is nont the story and the way it has been done. Is there anything else that should be done? Mr. Jeans: Bow does the Council feel about this parking proposal? Councilman Lammers: It is new materiel. The talk is still old. We .must[ do some- thing and the only thing is that it can't cost us a great deal of money.. I still feel that we should explore it further and look at the overall picture. i feel very strongly that we should do as they propose. Mayor Powell: Jim. you would be in favor of general obligation bonds. Mould you go through whichever way you would have to go? Without an electionyou would have to a 0%. We pledge the faith of the City. We are exploring the possibility of revenue bonds with second lien bonds that make itmore salable. That is what we are going to explore. At one tine Revenue Bonds were not explored. Mr. McGarry: It is less headaches if we can make the bonds salable. Councilman Carlbcrg: I think I would rather see the Revenue Bond with thhe second lien. Mayor Powell: There would be less interest with General obligation Bond5e. Bow much Mr. Springsted? Nr. Springsted: One to 11%. Mayor Pawn: I would like to see it go on a Revenue Bond. I don't know that I would be opposed to the others. I would prefer to take that route afterr we explored the other. City Attorney: As far as the second lien bonds everybody buying a second9 lien bond takes a low interest rate as possible. It should be a low interests rate. Just what would be a satisfactory interest rate to improve the picture, but you can't trust that kind of picture today. It could then be spread over as longer period of time. Mayor Powell: The first thing that is to be considered is that they don't get paid until the others are paid. City Attorney: At one time last fall the Council agreed to go ahead with the railroad lot. Is anyone still interested as we had a time teble of March 15. 1969 for this lot? Mayor Powell: Let us hold that until we hear from Ozzie and get all thee information. A week or ten days shouldn't mike a difference and if they should contact you. you can tell them that we are working on it. It is a help for solving the poroblem. Councilman Lammers: It certainly would be more efficient if we could ti_e it in all together. Mayor Powell: If they should call, you can tell them that we are holding off until we can do it all in one package. (May 5, 1969 - continued), Mr. McGarry: when would it be convenient for you to gat together agaias? Mr. Springsted: Can I let Las know? Mr. Jeans: would 5% be reasonable for that second lien bond? Mr. Springsted: I would certainly think so. It would be equitable. Mr. Jeans: It we could sell $40,000.00. Springsted: This would be strongly psychological, if they know the City has an interest in it. Mr. McGarry: we will go to work on that and hope that we can cone up with something on that angle. ADJOOMMINf On motion of Councilman Carlberg, seconded by Councilman wohlers the meeting adjourned at 5:20 P. M. _, Attests City Clerk Mayor COUNCIL CHAMBERS Stillwater, Minnesota May 6, 1969 4:30 P. M. REGULAR MEETING The meeting was called to order by President Powell. Present: Councilmen Carlberg, Lammers, Nohlers and President Powell. Absent: Councilman Melstrom Also Present: City Administrator,Browerj Assistant to the City AdmineLetrator, Loland( City Attorney, Kimmel( City Engineer, Ehlinger,• Duane Elliott, Banister Engineering Co. UNFINISHED BUSINESS (out of order) This was the day and time set to open bids for Local Improvement No. 82-1969 "Greeley Street Improvement" (S.A.P. 69-108-02). The Clerk read the advertisement for bids aloud( Mayor Powell inquired if the advertisement for bide was published and the Clerk informed the Council tbatthe advertisement for bids was published in the Stillwater Evening Gazette, tOfficial newspaper : of the City, on April 7, 1969 and April 14, 1969 and inthe eccentrue- tion Bulletin for three successive weeks beginning with April 10 and entEiing with April 24, 1969. The following bids were then opened and read aloud: Bid No. 1. Moelter Construction Co., Inc. Stillwater, Minnesota Bid Bond Total Base Bid Alternate Bid Bid No. 2. Bituminous Surface Treating Co. Inver Grove Heights, Minnesota Bid Bond Total Base Bid Alternate Bid Bid No. 3. Shafer Contracting Co. Shafer, Minnesota Bid No. 4. Bid Bond Total Base Bid Alternate Bid Arcon Construction Co. Mora, Minnesota Bid Bond Total Base Bid Alternate Bid $132,097.97 $140,642.97 $147,780.19 $155.455.59 $138,421.45 $147,765.95 $131,687.15 $139,342.72 e 259 H,e (Nay 6, 1969 - continued) • • Bid No. 5. Marvin Rehbein Forest Lake, Minnesota Bid Bond Total Base Bid Alternate Bid $139,046.94 $145,678.74 On motion of Councilman Carlberg, seconded by Councilman Wohlers these bide were referred to the City Attorney and the City Engineer for their study and recommendation and to report back on May 13, 196E at 7330 P. M. On motion of Councilman Carlberg, seconded by Councilman Wohlers this portsion of the meeting adjourned to 7:30 P. M. (Adjourned at 5:00 P. M.) RECONVENED AT 7:30 P. M. The meeting was called to order by President Powell. The opening prayer was given by the Assistant to the City Administrator, Mt . Loland. Presents Councilmen Carlberg, Lamers, Melstrom, Mohler: and President Powell Absent: None Also Presents City Administrator. Brower; Assistant to the City Administ--rator, Loland; City Engineer, Ehlinger; City Attorney, Kimmel; Parks and Recreation Supervisor, Blekum; Acting Building Inspectoor, Lawson; Sewage Plant Superintendent, Shelton; Police Chief,. Abrahamson. Press: Vince Hamann. Stillwater Gazette Mary Jane Saunders, St. Paul Dispatch Citizens: About 50. DELEGATIONS OR INDIVIDUALS (out of order) Dick Slekum Recreation Director us I met with St. Joseph Township as directed and they would like/to give them the option of running the beach. They couldn't do anything for this year. A committee of five men were appointed to study it for next year. There is a possibility of developing both sides of tha bridge on a lease basis. They =Bequest a three month option to work on a full investiption of the overall possibiliiities. If feasible Mr. Miller would submit a plan to the City. Mr. Miller will be at the meeting at 10:00 P. M. this evening and possibly we could hear him at thaat time. Mayor Powell: Re wants a three month option or a trial period. (May 6, 1969 - continued) 2111 • • Mr. Blekum: He wants the Council to hold it in abeyance until he has had time to run a full investigation to see what the possibilities ciuldto betLm order to make out. If he could see his way, he would submit a p Council for their approval. We still have a problem whether or not we w:ill open this beach this year. Mayor Powell: We will continue this later on in the meeting when Mr. Miller arrives. (see page 271) UNFINISHED BUSINESS (out of order) This was the day and time set for a hearing on a second eadg of on propsSouth' Third med amendment reeett fro (RC)3Multi Multi -Family o(CA) Commercial.ich would the property The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and mailed to the property owners and the Clear/ informed the Council that the notice for hearing was published on April 24, 1969 and the notices were mailed in accordance with the law. The Mayor then opened the hearing. No one appeared for or against this rezoning. The Mayor closed the hearing. (See Ordinances). UNFINISHED BUSINESS (out of order) Thiswas the day and time set for a hearing on a proposed variance allowing a setback of 15 feet between the East of a 21 unit apartment building anal Broadway Street, and allowing a yard distance of 15 feet between the West line col the lot and the West side of the apartment building, allowing a yard distance bastween. the South side of the apartment building and Pine Street and a yard disetance be- tween the North side of the apartment building and the North lot line, all as. set forth on the plot plan and plan of the said apartment building. The Clerk read the notice for hearing aloud: theMayorrs thew therk notice for hearing was published and mailed to the property 1969annd the noticesCouncil were mailedinaccordancefor nwithstheblaw.� on ApriIl 23, The Mayor then opened the hearing. Wally Kurth, 322 South Broadway questioned the various dimensions or svetbacke and Mayor Powell reread them for his clarification. City Attorney: These are the distances as basically set forth on the plat. Wally Kurth: I request that the City Council disapprove this and whet:ever else negatively I might be able to say about this. There is a considerables distance separating our house and the apartment building site e but, asfyouuproou proposes the feet the building it brings it twenty feet closer to my closer to my yard. As compared to the existing structures thepurpose nat setnback the same but as other structures in the area do. Part of the laws like this is to make things uniform. I suggest you keep it unifatt. the way it is and keep it away from our property. Councilman Lammers: In the way of clarification is there a plot plan .available for us to look at? (Ken Johnson presented the plan to the Council which they viewed .and discussed at this time.) Mayor Powell: Mr. Condon would you state the Planning Commission's landings and Mr. Carlson might briefly touch on what you and the builders discusse•:l as far as aesthetic beauty is concerned. • (May 6, 1969 - continued) • • Don Carlson: I qualified this at a previous meeting. The plans did go before the Architectual Control Committee and I did give to the City Council! my recommendations and I especially qualified these recommendations to several members of the Council. To touch on these I can refer to my notes on this. Mayor Powell: Everything presented here has been approved by your Commission? Mr. Condon: Yes. It was turned over to the Architectural Control Commissimn and their findings were turned over to the City Council. I don't have a coaay of these with me. Mayor Powell: I see that the layout of the parking is changed. It looks like an improvement. Was that recommended by your Committee? (Mayor Powell read the recommendations of the Architectural Control Committee as previously presented to the Council). Don Carlson: These are the plans that we looked at that you have here this evening. We have changed the heighth of the obscurity fence from six to five feet. This is to be some type of fencing or shrubbery that would grow to a heighth of five feet. They are to obscure the mechanical units on the roof and on the outdoor lighting that it would be shaded down into the area and not going into the whole area. We tried to think of this as affording ate neighborhood of a real enjoyable type of building. Al Bergen 521 South Broadway I am just wondering if we are just considering the beauty of the building itiself. We admitted in the past that a nice building would look twice as nice as thee buildings that are there now. The variances they are proposing to use are Lin violation of the ordinance. Are you going to discontinue the ordinance you have on the books right now? This means that anybody else could do that. Another thing that was brought up that there probably wouldn't be very many children in these. apartments. In. the Whitehall Apartments they thought that they weren't going to rent to people with children and they now have 15 childdren on one floor. They rent them when they need to to families with children. Cau1d you put a restriction in here that they couldn't rent to parties with children as there is no playground here? There isn't a place for the children to plea! except in the parking lot. As far as a nice building and additional taxes that seems fine. I think it wasn't a matter of a beautiful building that most ofl the people in the area are against. The ordinance is not being followed. It ins too big a variance. A couple of four plexes is about all it will hold. Here thtep have the nerve to ask for a 21 unit apartment. According to our ordinance ygou have to have 2,000 square feet for each one bedroom apartment and 2,700 for each two bedroomapartment. On that basis it just wouldn't be legitimate to pass it con that basis when the ordinance specifically states that the requirements are such. It is the number of children in the area and the number of cars in the area.- You just don't have the space for it. Unless it is a matter of giving someone t3he privilege of building in that area, that is one thing. If you want to go accord- ing to the ordinance, then you should vote against this. Robert Burger 1225 South Second Street The Planning Commission has gone into this apartment complex a great deal anal they have taken into consideration not only the beauty of the building but ffor the second time they have coma back with a recommendation that this be appronved and I would hope that the Council approve these variances. Mayor Powell: The variance as far as the amount of square feet has already been passed. Tonite we are discussing the variances in side, front, and back yards. Tom Lammers 437 South Broadway We attended the last hearing of the Planning Commission and they were concer-.ned where the front, and back of the apartment is. Bow they call it East and Weest. I am wondering if we still have the road going back in on the North side of the lot. I would like to know if Wally Kurth has the right to the public road. We • • (May 6, 1969 - continued) attended the last meeting and they appointed Don Carlson and Councilman Melstrom to check over the details and Don has given us a very good repo.ert. Have they taken in any more property than they discussed a few weeks ago.. How many units are they planning to build? Mayor Powell: They are building 21 units. Ken may we get some correct iinformation on the driveway on the North? Ken Johnson: Mr. Kurth is the owner of this property and he doesn't need an easement from us to anyone else and we are South of his road by the surwsy and our plot plan which is exactly as it is to be put. It doesn't come nears Wally Kurth's property. John Condon: I own the property directly West of this property. Mr. Besiege is correct when he implies that we can no longer rely on the zoning ordiknaace for the protection of their property. The Zoning Ordinance says they needed 59,000 square feet. I want to establish what Mt. Bergen said that I here rights also. The Council has granted to these people the right to build an apamttnent with 1,700 square feet per unit. I would think that if the Council intends to tell me that the neighborhood is too crowded, I don't accept it. If it is granted to one I have the same hardship as they do. The variance of 15 feet is granted, I would like to inform the Council that I would expect to bee able to build an apartment house from that property line. I would not want en be told that the buildings would be too close together. The Council has eeeteblished new laws and new rules and I would want the similar variance as the people are being granted tonite. Councilman Lammers: First of all, Ken, you did state that you had sevenal surveys made of this property? Ken Johnson: yes. Councilman Lamers: Have you removed the former option on this propertyy on the corner? Ken Johnson: It expires on May 15th. Councilman Lammers: Mt. Kurth do you know exactly how far the building is from your building? Nally Kurth: The Northwest lot line is six feet from my house. Depending where their building is going to be placed on their lot the building could be anywhere from 21 feet on out from my house. Is the square footage the same as wkfat was stated six months ago and does the variance still hold on a smaller amotmmt of square feet available? Was the variance granted because of interested melation- ship between the proposed builders and members of the Council or didn't they really matter or was it a matter of variance of getting tax dollars into: the City? Mayor Powell: Mr. Johnson are there any differences? Ken Johnson: Nothing has been changed. Mayor Powell: How close to the property line is your house? Wally Kurth: Six feet at the closest point. There is a matter of estalBlished setbacks. The setback in the block on Broadway is very slight. The setback from the adjoining blocks is very considerable. What came first the chicken or the egg my house was there first. There were 19 signatures against this. It is: the matter of a highly influential man and his desires. Tom Lammers: If the Council allows that variance to these, there could possibly be another 17 units in the same area if you want the 21 units. 263 • Councilman Lammers: This is relating to the recommendations Commission, would they have to take out any permits for the and fencing? City Attorney: The Councils' motions in granting the permit of the permit. The Council could restrict the Clerk to take these so that they be followed up by the Building Inspector. of by the Building Inspector. of the Planning screenings and hedges would be maade a part special noetice of These are kept track • • 1 64 (May 6, 1969 - continued) Councilman Lammers: Do you feel by the special instructions they are enforceable? City Attorney: I think that we could compel them to comply with these :re- quirements of lighting, fencing, etc. If the front is North, the 15 feast is normal requirements. It is the natter of which way the building facaas. If the building faces North, then the 15 feet is normal. It is the natrare of the variance. Councilman Lammers: Ron, there was a problem of boring, as tested are (these sufficient in this area to hold a building of this size. I understand that certain borings were made. Ron: They were submitted to me and I do have the permanent copy on files. CouncilmanLammers: Could you give us a brief desenption of these? Ron: Of the borings that were taken they were three to four foot depth of shale type rock which is loose pieces and then a bearing rock below thiss which was solid. This was on the two corners of the proposed location of the :building. Mayor Powell: Is there any question in your mind of the ability to withastand this? Ron: Not if the shale is removed? Councilman Lamers: Row do you remove this? Ron: They could dig that out with a backhole shovel. Councilman Lammers: Regarding the sewer and water available to the area is there any necessity to increase the pipes or more capacity or are the`exiiuting services sufficient? Ron: The existing sewer line is sufficient. I do not know which street Tthey propose to acquire their water from but I don't believe that there is wetter in Broadway and they would have to go to Pine Street because of the pressure • in that area. � uLamers: Are they going to be using part of Pine Street for parking? What company parking? Mayor Powell: I think the plot shows plenty of parking. Ren Johnson: There are 17 inside and 18 outside parking areas. The ordinrence calls for 1.3 for every unit which is about 27 units. Tom Lammers: Are they arranging for parking on Broadway or Pine Street? What consideration is being given for off -Street parking? Anybody can park on the street. Mayor Powell: If there is parking in the lot, it would be best for them tall go there. Tom Lammers: What about the guests parking? Something should be done about that. Also what about the caves underneath. We have got the old brewery caves. Was the boring considered that you have caves under there? Mayor Powell: The last time it was discussed it was brought out that the craves were to the North. Dean Charlsen: There are no caves there. We are about 150 feet South of tthe nearest cave. Wally Kurth: On the sewer bit is the sewer down the hill a storm drain? Ron: Yes, this is a storm drain. Wally Rurth: Is it adequate to take care of this area? (May 6, 1969 - continued) 265 • Ron: This is a combination and the only time there might be a problem Les when there is an extreme storm. That is the only time the sewer is by-passed - when we have a heavy rain. Wally Kurth: If it is not sufficient and it takes some construction wouuld I be d for it? Ron: The Council has passed a resolution that calls for the separation of the sewer system within the City of Stillwater within the next five years sm that situation will alleviate itself because it has to be done. Wally Kurth: How about declaring the West side of Broadway as "no parkiing"7 Mayor Powell: You brought up a good point and in regard to that if it was determined or if through use that this was necessary to do that, the Couonail should do it. Wally Kurth: There should be no parking at all on Pine Street between Second and Broadway. Mayor Powell: If you have 37 parking places for 21 units, it wouldn't bee too long they would be parking in the parking lot. Wally Kurth: The City would be willing and agreeable to make restrictionas if it is shown that some restriction is needed. Mayor Powell: Many areas in the City where such restrictions have been made and the City has gone with a recommendation of the Police Department. Tilley usually investigate them and see there is a need and I am sure we would fallow the same course here. The Mayor closed the hearing. UNFINISHED BUSINESS (out of order) This was the day and time set for a hearing on a proposed variance to construct two residences on residential lots the total dimensions of which are 92 xs 150 feet, a variance in minimum lot size and in minimum lot width. (Atlas properties,. 318 South Brick Street). The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and mailed to the property owners and the Cleric: informed the Council that the notice for hearing was published on April 23, 1969 sand the notices were mailed in accordance with the law. The Mayor then opened the hearing. Duane Roettger 1612 West Oak Street Four weeks ago I was down here about two houses built on sub -standard logs. If this house is approved, then the house there now is on a sub -standard lot: and I have a petition here of people in the area who are opposed to this and I •would like to present it to the Council. (The petition was presented to the Maroc and Council). Mrs. Lowell Radke 1613 West olive Street Just how many square feet are you suppose to have to build a house accord.ILng to the coning ordinance? City Attorney: 10,000 square feet. Mrs. Radke: How can we build two houses or homes when there are not that many square feet? Mayor Powell: I can say this that there are many homes built on less than that in the City of Stillwater. • • 266 (May 6, 1969 - continued) • • Mrs. Radke: We have got the Zoning Ordinance now and we should go by that.. How can we build these homes without that? Mayor Powell: This lot is 7,360 feet and the other lot is much smaller. Gib Swanson Atlas Properties We have no supporters nor equalizers. It descends all the way down from *the federal government. I am in accord with a planned City. Stillwater is orae of the oldest Cities in the State. I do think that we have to take into .con- sideration certain factors when we set up arbitrary standards of requirements. Any home built previous to 1955 is on less than 10,000 square feet which: is about 90% of them. There are already houses in the area that the variance! is great since the lots are smaller than the one that I am proposing. This :Ls the economic factor. It was the intent to put on this property a small tnro bedroom home that could be considered for a retired couple. we all know that we can't afford 25 to 30 thousand dollar homes. The value of this one wouaLd be $16,900 to $17,000. There is a demand for this type for the elderly coup.Les that are looking for small retirement homes. We rezoned a piece of prone:.rty on Lake Drive. The requirements were not 35 feet on the corner but something like 15 feet. We had to divide up six lots into five lots in order to buaLld on it. There was no property next to it. I still think in the planning -of new plots of land that is fine. What about people who bought lots and fi:ad that you have to have 100 x 100 feet in order to build a house. I am not: sure it is not going to inconvenience anybody and will be attractive in tile community. Many of the people who signed this petition do not have 10,00:4 square feet in their own property. Gary Anderson 404 South Brick I would like to say something about the people living in this area. Thera is already one very small house that was intended for retirement was move.id. in but a couple with three small children are living in it. The area is suffering from too many houses in too small of a space. Don Hansen 1504 West Pine Street I think the Zoning Ordinance was developed for two reason, - one is the matter of orderly development of a City and that West development in Stillwater .is a relati7ely new development for the City. The other reason be an orderly .develop- ment of property it protects the other homes. I believe an ordinance of this nature should be abided by. Many builderr or investors go against this wwhich affronts the most of the City and the society here. They are breaking tine law before this was done. Mr. Swanson: This was not done. Mr. Hansen: It should he denied because it is in defiance of the ordinance. Mayor Powell: There is one house on the property now. City Attorney: The house on there the building permit was issued for that because it has in excess of 10,000 square feet. Now they are coming in rand sub -dividing the lot. Mr. Lawson did not issue a permit without the prop st footage on the first permit. Mrs. Roettger: What did the Planning Commission have to say about this? Mayor Powell: It was denied by the Planning Commission. The reason was too small of an area. Mrs. James Schmidt: There are two homes on this property now. Mayor Powell: The variance is for the second home. Mrs. Roettger: When we built our home four years ago we had a difficult ttime looking for a lot large enough for a home and space for a garden. Now wee have homes built up all around us. • (May 6, 1969 - continued) 267 m • The Mayor closed the hearing. APPLICATIONS On motion of Councilman Wohlers, seconded by Councilman Melstrom seven taxii-cab licenses were granted to Victor F. Prescott, 202 South Main Street, Stillwaeter for 1969. (renewal). On motion of Councilman Wohlers, seconded by Councilman Carlberg the cigarsotte, soft drink and "Off -Sale" 3.2 beer licenses for Edward J. Bird (Country Baer Store. 808 North Fourth Street)was tabled until May 13, 1969. (The age of! this applicant is to be checked out and see what can be done to comply with them ordinance). cCMMUNICATIONS From Dan Lyons regarding reconstruction of a retaining wall abutting publiic sidewalk and street at 114 East Linden Street, Stillwater. On motion of Councilman Lammers, seconded by Councilman Wohlers this matter was tabled until the next meeting on May 13th and that the City Attorney give his recommendation on the matter. DELEGATIONS OR INDIVIDUALS From property owners to vacate a portion of Oak Street lying between Blockaa 6 and 7 of Mcxinstry and Seely's Addition to Stillwater. Ron: You can't vacate this because there is a storm sewer in there. James Stevenson: The lots were altered and we don't have enough propperty and 1 want to get roam on the South side for a garage but I understood that I could build a garage there with an easement. Ron: That is right. On motion of Councilman Wohlers, seconded by Councilman Melstrom the petition was accepted and a hearing set for June 17, 1969 at 7:30 P. M. From property owners to vacate a portion of Rice Street lying between BloaEs 4 and 5 of Greeley and Slaughters' Addition to the City of Stillwater. On motion of Councilman Melstrom, seconded by Councilman Wohlers the petition was accepted and a hearing set for June 17. 1969 at 7:30 P. 51. (The Mayor declared a recess from 8:45 to 8:55 P. M.) UNFINISHED BUSINESS (out of order) The variance for the apartment building on South Broadway -- Councilman Melstrom: Because I have a lot of confidence in our Flemming and Zoning Commission, I would like to make a motion that we concur "with their recommendation and grant these variances. (Since there was no second to this motion, it was declared dead). On motion of Councilman Laamers, seconded by Councilman Wohlers that the .request for the variances be denied. (councilman Melstrom opposed). • 268 (May 6, 1969 - continued) • • Variance for a second home on South Brick Street (Atlas Properties). On motion of Councilman Lammers, seconded by Councilman Carlberg this variance was denied. (all in favor). (Councilman Carlberg left at 9:00 P. M.) CITY ADMINISTRATOR'S REPORT 1. The City Administrator informed the Mayor and Council of the findings regarding the Maple Island sewer revenue charges. They are presently using 890,000 gallons of water per month. This consumption would be a quarterly water bil). of $320.40, the City then takes 100% of the firstt $45.00 and 25% of the remainder resulting in a sewer bill of $113.85 per quarter. This is done in accordance with the ordinance. Councilman Lammers: Why isn't it possible to meter it and establish a rate and charge them precisely? City Administrators This has been before the Council several times darting the past year. Mayor Powell: They asked for a reduced rate and they had no reduction. We asked them to put on a meter and it was never done. Whether or not this is a reasonable amount to project - it could be very close. City Administrator: I believe sometime within th.e past two years a committee was appointed by the Mayor consisting of councilmen to study this and I don't remember the committee's report on this. Mayor Powell: It was recommended to have a meter put in and it was neveer done. Councilman Wohlers: The operation there now is practically nil but if they increase it then we are stuck with the rate. Why they object to thi is I don't know. We approached them different times on this and they debates the issue but why I don't know. Councilman Lammers: Without having the badc ground if you have the meter.:: it seems sensible. I would rather see this done. City Attorney: Maybe a representative of Maple Island could come to a meeting and then maybe some of these things could be resolved. City Administrator: We have had a representative here and not much was accomplished. By motion of the Council that they must meter this thing should take care of it. Councilman Melstrom: We should insist that this be done. Councilman Melstrom: I move that Maple Island be instructed to install a meter in their building. Councilman Wohlers seconded the motion. (all in favor). 2. A memo from the Acting Building Inspector informing him that an inspection of two buildings at 428 and 430 South Broadway was made by the Fire Chief and himself on May 5, 1969. These buildings are owned by Valley High, Inc. and were to have been removed to make way for a 21 unit apartment building. These structures are now in a very run-down condition, and it was recommended that they be demolished immediately. Since then I have been notified by one of the owners that it was the intent to have them removed, but due to an impending court injunction they have been advised not to start rasing them. Councilman Lammers: They have been instructed but refused. • • (May 6, 1969 - continued) 2€9 • • John Lawson: Mr. Junker has taken out a permit to demolish the church. Due to the injunction they can't start as yet. It was my recommendation that this be done and not an order. City Attorney: There is a restraining order rather than a temporaryy injunction. It is a matter of the Council and of the court if no ernes building is to be erected there. John Lawson: They are in bad shape now. Councilman Lammers: There are no windows and they are in a great st_ste of repair. Mayor Powell: Mr. Johnson has just returned. We are talking about: the removal of the buildings up on South Broadway. Ken Johnson: I had heard about this order but I haven't seen it. Mayor Powell: This was a recommendation by the Acting Building Insppector and the Fire Chief. Ken Johnson: That will be done within the next two weeks. Councilman Wohlers: As far as we are concerned there is no injuncttion on our part. Ken Johnson: They will be torn down within the next ten to fifteen Mays. 3. The City Administrator informed the Mayor and Council that he received a claim from Duane C. Roettger and Kathleen A. Roettger regarding the ibutlding permits #1604 and #1605 which were illegally issued and claiming a dlevalmation of his property in the amount of $5,000.00. (Copies of this claim was mailed to the City Attorney and the McGarry -Kearney Insurance Company on 4-17-69) 4. The City Administrator informed the Mayor and Council of a request firon Fred Bliss regarding a parking lot assessment on the North half of Loot 6 in the Original Town on Borth Second Street which land was forfeited to the State and he is requesting cancellation of the assessment. This anent was made prior to the forfeiture. The City Administrator was directed to check with the County and find out if this is true. (Normally the assessments are then canceled as being non -collectable. This then falls back on the City. Once in awhile an might get a portion of the assessment). (On agenda for May 13, 1969) 5. A memo from the Police Chief requesting an ordinance to forbid parkineg of semi -trailers of similar trucks on the City streets unless the truckse are unloading goods. On motion of Councilman Wohlers, seconded by Councilman Lammers that the City Attorney draw up an ordinance covering semi -trailers and big trumeks from parking on the streets or amending the existing ordinance regarding parking. 6. The City Administrator informed the Mayor and Council of a claim rece=ivied from M. M. Peaslee Plumbing and Heating Co., Stillwater regarding damaage done by a broken sewermain. Ron: i admit to the fact that the City did find a broken main down thtere. Subsequent to that the property has changed hands and they have found a broken main and this has been repaired. Ours have been repaired also.. I do admit that we did have a broken main down there. • • (May 6, 1969 - continued) • • City Attorney: We have no legal liability on this but it should be referred to our insurance company as a matter of general practice. City Administrator: This has been done. City Attorney: Then we have no legal liability. Mayor Powell: Both breaks could contribute to the situation. City Attorney: Our only legal liability of obligation is on the basis of negilgence or trespass. I think their claim is one of negligence. I think it would be outside of the scope of the Council's authority to pay claims that your insurance company refuses to pay. Councilman Lammers: We have somewhat an obligation to the citizens. City Attorney: There is no legal obligation at this point. It would be a gift. Mayor Powell: His legal procedure would be to sue. Ron: He did not want to pursue this line of action if he could avoid it. 7. A memo from the Police Chief stating that Vic Prescott, owner of the Stillwater Taxi Co. has requested more parking near his office on Chest- nut Street. It is understood that Vic Prescott would give up his parking space near the Valley Dry-Rleenette if the City could make the new parkingg space. East of Main, on Chestnut the first meter,Southside, near Reed Drugg available to him. On motion of Councilman Wohlers, seconded by Councilman Melstrom that the request of the Police Chief be granted and Mr. Prescott will be granted the use of the parking space on Chestnut Street by the Reed Drug Company. 8. onmotion of Councilman Melstrom, seconded by Councilman Lammers a continuation or renewal certificate for an Excavating Bond for Leo A. Richert was approved. 9. A memo from Howard Hagen requesting that bids be called for on a new six yard dump truck to replace the 1960 International that we presently have. There is $7,200.00 in the budget this year for this purpose. On motion of Councilman Lammers, seconded by Councilman Wohlers the City Engineer was directed and authorized to make up specifications for this truck and advertise for bids returnable on June 10, 1969 at 4:30 P. M. 10. A copy of a letter from State of Minnesota. Minnesota Pollution Control Agency to Banister Engineering Co. as follows was read by the City Administrator: Mr. A. W. Banister, P. E. Banister Engineering Company 310 North Snelling Avenue St. Paul, Minnesota 55104 Dear Mr. Banister: This refers to your letter of January 23 notifying us of your contract with the City of Stillwater to prepare an engineering report on sources of untreated sewage, as requested in our letter to the city on January 6.. This office agrees with the six month extension you requested for the submission of the engineering report, although it should be understood that the basic schedule was established by the Upper Mississippi River awe • • e (May 6. 1969 - continued) 271 • • Enforcement Conference. We concur that the proposed study is desirekble and will recommend it subject to approval by the conferees. We be:.Lieve that the conferees will agree to the extension. Should you have further questions, please contact us. No action taken Very truly yours, C. A. Johannes, Acting /Director Division of Water Quality 11. The City Administrator reported that a letter addressed to the Mayor from the Department of Housing and Urban Development was read by the Citfy Attorney and that he was ready to report on this matter at this time. City Attorney: I did talk to Mr. Erickson who is our County laisonn officers and I talked to this guy in Minneapolis that Les mentioned, namely Alr. Henry J. Maliga. He is the gentleman that takes care of any of theme pro- grams in the Hud Program. Planning is a big part of what you recei'n from these people. We should contact the committee on any planning that:lee do which includes our facilities and look into the county's plane. Thse City requests that the County be advised of everything they have and coomdinate what we have. Councilman Lammers: We could do this by resolution. City Attorney: I think all that is needed is a simple motion. Mayor Powell: Should we do that now. City Attorney: There is another possibility that we might receive some funds from a private source and I think we should go ahead with the :attempt for any federal assistance. Councilman Lammers: I move that the City Attorney in conjunction wit.Ut the League, and contact the County to include the City of Stillwater in stl:eir plans and continue to explore the possibility of funds. Councilman Wohlers seconded the motion. (all in favor). DELEGATIONS OR INDIVIDUALS (out of order - continued) The City Administrator read the two memos at this time that were submittedi by Mr. Elekum containing the information that he reported on earlier in the meetiing. Mr. Cardell E. Miller St. Joseph Township On hearing of the situation wherein you want to do something about the beaaeh areas, the wheels started turning in my head and I was wondering what coul.A be done which is useful now and also the North side of the bridge which is a liability more than an asset. My only thought is a question would your pe..opLe be interested in granting me an exclusive option for five or six months to. investigate what could be done there and submit a plan. Mayor Powell: An option to lease it? Mr. Miller: An option to lease it would be the most effective. An option fore free swimming for residents of Stillwater and Roulton and the plans for the Nortitt side to be open. Possibly this could be a campsite at the present time. I don•'t know if a camping ground is a worthwhile commercial venture. I would have to do much investigation into these possibilities. Councilman Lammers: Ham this been brought before the Planning Commission arc a whole? Mayor Powell: You mean the Recreation Commission. Councilman Lammers: That is what I meant. • (May 6, 1969 - continued) • • Councilman Wohlerss This beach is kind of a liability for Stillwater. This, camping area is an eyesore or anything you want to call it. If we can get. a man can do Then thekliabilitylwould be off ourewith shoulders to keeplthisn]up. is fine. Councilman rant an: The on, we shhdou be have theiRecreationasset ommission tudyy it. Before we grant any option, Mayor Powell: Our attorney who is now in the process of finding out if there is private funds available for that development. This is something new that came up. When we spoke of private funds we were primarily concermmed with the Borth Side. City Attorney: The whole piece of property was a gift to the City many yewss ago. This is a fantasically valuable piece of property. You don't talk ion the terms of an option unless you are talking in specific term. A concrete purpose at concrete term. You don't discuss an option unless you have a. concrete proposal. I assume what hatehe is asking for is a three month or fi•.rs month delay in developing this Mayor Poweli:..We are trying to do something with this ourselves. You didda't get td you into . It: still a weren't.hidea that we matter of what the willtCitye,wantt doandthey may to recommend thisswithi:ais a month. le this is• something one wouldhinkwantto study during the g is ueumeraand engineer in thus!rats winter. Mr. Jams Schmidt: Didn't someone launch canoes here last summer. Was thiis for last summer only? Mr. Blekums This was for one year only. Mayor Powell: Whatever we do. it will be this year. Mr. Blekum: This was a recommendation of your Recreation Commission. Itt all started on February 18th when the Council requested negotiating with St. Joseph Township for the leasing of the property limited to St. Croix County recreational purposes and the City of Stillwater discontinue operation off the Legion Beach. I would recommend that if we close the beach that we dismantle the building and make it an access to the river. Mayor Powell: Because of the nearness of the swimming season the.. Council. should take action this evening. ight to sider for this season. ands we hhaavelng no caretakerforfor either beach atethisetime..s Mayor Powell: what is the caretaker's salary? Mr. Blekums The salary is $400.00 per month plus Mayor Powell: When do the beaches open? Mr. Blekum: Normally May 31st but the flood put ma behind. We will try to get Lily Lake open by May 31st. MayortPowell: It was a asaahrecom recomhe use mendation from theRecm reation Commission not to e Mr. Blekum: The total patronage is down to where it doesn't justify the operation. Only about 10% are residents of the township. There are a Ilot of citizens want to know why we operate it. Mayor Powell: I feel the Council should give him some direction. Councilman Lammers: will we have a problem of policing there even thougtlwe don't operate a beach there? his concessions. • (May 6, 1969 - continued) 273 • City Attorney: we could erect signs of trespassing. Councilman Lammers: Are we going to close out the area? Mayor Powell: What about a general public access, are we responsible? City Attorney: Probably if someone drowned there then there could be a lawsuit. We would have to remove any diving dock leaving the beach open. Mr. Blekum: If everything was dismantled here and this building I have considered using in making a warming house at Staples Field. If everything was dismantled,: it would be the same as the North side of the bridge. Police Chief: I will be happy to have it closed. We have a policing prroblem because it is in the State of Wisconsin. If we get rid of the building and put up some type of signs and the only way they could hurt themselves ism by another person. Wisconsin will have a nice problem. Mr. Blekum: Last December a representative from Wisconsin was here rewording the boat and water safety act now in enforcement of this act. In order to have a beach and you want it to be policed and to comply with this act, you Mame to have a certain type of buoys. The cost would be about $35.00 a piece. Councilmen Meletrom: I would like to rake a motion that we follow the recommendation of the Recreation Commission and close the Legion Beach aired dismantle the building and remove the diving facilities. Councilman Lammers seconded the motion. (all in favor). Mr. Blekum: We could have the dock removed and take it out to Lily Lake, or if you are going to wait for some type of development to come in by somebod_lr else, we could have Milers store it. Mayor Powell: Personally I would like to see it out at Lily rather than to store it. Mr. Blekum: Regarding the dismantling of the building there was $4,5OO.e00 allocated in the budget for this beach. Possibly we could use some of take funds to hire someone to do this. Police Chief: How about if we have no use for this building that we put it up for sale? Mayor Powell: If we do not have use for the building, it could be a goose warming house. Police Chief: But would have to be insulated. I. Blekum: If it was sold with the provision of removing it, it would stave us the bother of tearing it down. Police Chief: Personally I feel it would be worthless for a warming house*. Mayor Powell: What I would like to do on that and that would be that th:.ts subject be brought up again next week and that would give the Council tiers to look at it and give a closer look. Councilmen Lammers: We should have a concrete recommendation of how thine can be done. Mr. Blekum: The Commission will meet tomorrow night and we can bring bacYk a recommendation next week. Mr. Miller: I would like you to consider it. Mayor Powell: We are going to investigate the possibility of developing it with some private grant. As it stands now we don't have the money. If table grant comes through, or if we do find some way to do it, we will do it. ra you are interested in making a study of it, I don't think the Council woumld object to it. If you find it is worthwhile, we will have to come up witht Bone type of agreement. • • 274 (Way 6, 1969 - continued) • • UNFINISHED BUSINESS On motion of Councilman Melstrom, seconded by Councilman Wohlers John Lawson was appointed permanent Building Inspector for the City of Stillwater.. PRELIMINARY PLOT PLAN FOR FAIRMEADOWS NO. 3 -- Mayor Powell: It was suggested that improvements be put in for 39 to 40 lots. Mr. Steindorff: A three year assessment plan for these 39 to 40 lots. City Attorney: It is generally the nature of the agreement. The ordinance requires the putting in of the water, sewer and streets, and that of the requirement of the bond and bonds are impossible to get. The City might do this on an assessment basis of 10% of the total cost of the improvement price', and as each of the lots was sold add an amount of bne and one-fourth. That the developers or the land owners pay all the costs involved relative to the issuing of the bond. It would be if a lot was built on, the assessment would! be paid. Councilman Mohlers: How long would you wait? Say you would have them for five years. City Attorney: After three years it would become tax delinquent. Limit it to a relatively small number of lots. T & L are land developers and a number of builders will be building in this area. The whole empty lots. ement would be against: Mayor Powell: Duane, what is the total for the forty lots? Duane Elliott: I don't have an accurate estimate at this time. I would say somewhere in the area of $3,000.00 per lot. We have not estimated that up to the present time. We would like to prepare an estimate for them because there is a lift station involved in this. Councilman Lammers: There is somewhat of a gamble on the City's part, especially with other people in the future. I was wondering whether or not we could designate the lots and do it in pieces. Nr. Steindorff: With a lift station in this area and we would have longer deas8 runs, we are talking about one and one-half years. Mayor Powell: Smaller pieces cost more. Councilman Lammers: We are stepping• out on a limb on this. Mt. Larson: The City has had good assessments with Fairmeadows and there are some very fine homes put on these lots and all of these have been taken up. City Attorney: Row many homes? Mr. Larson: There are about 55 families and we have nos construction going on. Mt. Steindorff: We have had 15 in the last 8 months. City Attorney: It has come in spurts. How did you intend to handle this out there? Mr. Steindorff: We are going to open it up to other builders. Mt. Fierke: The lots are going to be sold. We would rather pay 10% ahead and pay for five years. There are forty lots which is really not a whole lot of lots to get ready and is a protty good value. Mayor Powell: It would be agreeable to pay fig assessments on every lot sold. • (May 6, 1969 - continued) 275 • Mr. Fierke: If we didn't sell the lots, we would pay off the assessmentco. We hope this pattern will become successful for the City. We certainly wouldn't want to become delinquent. We hope it will be a good pattern. We think there is a general demand for housing. Councilman Mohler:: This is just you. what if somebody else comes in anal wants the same thing? Councilman Lammers: I am wondering if this should be in some type of ondinance. City Attorney: I think this should be discretionary. Mayor Powell: This has to be continuous to already developed areas. Sometbing that is apparently growing for .sure. Councilman Lammers: What about the rest of the plat? Mayor Powell: The thing that Ron had mentioned according to the way that: this was drawn some of the lots did not have the required number of feet. Miss. Fierke is quite sure all the lots, have the required amount of land by being fillLed in. Duane Elliott: The area can be served by all utilities. Councilman Lammers: What about storm water? Ron: It has been already provided for and won't go into the sanitary server lines. Mr. Fierke: There is a private park and this will take care of this prokolem and we are following the ordinance on this. Mayor Powell: If a City baseball program were developed and came out t::here. they would have a place to play so that everybody in to one place to plug. Councilman talking about waiving rioiave%e and whenhyme in with thehad-sl forconstuctnthatwe haves some type of construction bond. Ron: This would be under the supervision of the City and I would say dtmfinitely yes. Mr. Steindorff: A general bond. Ron: Yes. one including workmen's compensation, liability, etc. City Attorney: This is not a municipal contract for the first nine or then lots. Ron: What reassurance do you have if the sewer lines are properly placard. City Attorney: I think the City should be bonded. Mr. Steindorff: It is a small amount and the City should be bonded. Mayor Powell: As we are aware of the fact that it is a risk. but I th_iiak the City is protected to the extent that the City will grab complete lots Ibefore they are turned in as delinquent. I think we are reasonably safe. Mr. Steindorff: We already have two owners committed for and 15 peoples waiting for these lots to be platted. Mr. Fierke: Swager is waiting for these lots. We know that we have toe pay it. Councilman Melstrom: Actually we are subsidizing them. Councilman Lammers: It is an experiment. Mayor Powell: We will charge them in excess of the interest rate we pray. The bond will include the bonding size. The City isn't giving them anythiiag except their credit. • • • 276 (May 6, 1969 - continued) • Councilman Lammers: I move the preliminary approval of the plat and than we waive the bond requirements relative to the nine lots on Laurie Court: and require at the time of the sumission of the hard-shell on those ten lots submit an executed contract for sewer, water, curb and street and require the same kind of bonding requirements. that we require in our municipal contracts and that the City Engineer and the City Attorney be instructed to prepare an agreement similar in form to the sample agreement from the Village of Cottage Grove to apply to this particular plat and boa resubmitted to the Council prior to its actual approval. Councilman Wohlers seconded the motion. (all in favor). (The above motion was dictated by the City Attorney) POLICE CIVIL SERVICE COMMISSION -- On motion of Councilman Melstrom, seconded by Councilman Lammers the Cit_:y Attorney was directed to draw up the necessary steps for the Civil Servi..ee Commission for the Police Department. NEW BUSINESS On motion of Councilman Lammers, seconded by Councilman Mohlers the Buildding Inspector's Report for April, 1969 was approved and ordered filed. APPROVAL OF THE MINUTES On motion of Councilman Melstrom, seconded by Councilman Wohlers minutes of the following meetings were approved as mailed to the Council: March 11, 1969 March 14, 1969 March 17. 1969 March 18, 1969 March 21, 1969 March 28, 1969 ORDINANCES Regular Meeting Special Meeting Special Meeting Regular Meeting Special Meeting Special Meeting 7:30 P. M. 4:00 P. M. 8:30 A. M. 7:30 P. M. 4:15 P. M. 3:45 P. M. On motion of Councilman Lammers, seconded by Councilman Melstrom the Clerxk made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINAACCE NO. 383 'ZONING ORDINANCE OF THE CITY OF STILLWATER' (Rezoning on South TThird Street). The ordinance was read section by section followed by roll call afteer each section and all members of the Council voted in the affirmative. Thne chair then put the question, "Shall this ordinance pass?" and on roll caliL the ordinance was unanimously adopted. UNFINISHED BUSINESS ( out of order) Agreement between the City of Stillwater and Stillwater Township on the Greeley Street Project -- Mayor Powell: The original proposal was for them to pick up the differences. That is what we originally set. Ron: It was discussed but no formal proposal made. Mayor Powell: I think you suggested that possibly that we could serve some of the area South of Stillwater or another proposal that was made that we have the lift station without serving Stillwater Township. Duane Elliott: I wanted to point out to the Council that the investment tnhe Council would have to make in the future not knowing how you would settle the cost development. There was about $6,000.00 cost. The difference in the cost of the lift station plus a larger forcemain. • • • (May 6, 1969 - continued) e 277 Mayor Powell: which one is the right way to go? Duane Elliott: I think we can achieve the one in the middle. (See memoreendum of March 31, 1969). We would have done in the direction of helping this :area getting sewer. I think it is going halfway with them. If we were to as&m Stillwater Township to pay on a proportionate basis they will say that they will pay for their own lift station when they need it. I don't think it is right for tthe City of Stillwater to pay the larger share of the cost at this time. Mayor Powell: If we have this in a proposal this might be included and sgpeed up their action. I think the Council should decide which way they want to goo, Duane Elliott: We can plug actual costs in rather than estimated costs. I believe they came in fairly close to the estimate. I didn't look at the lift stao.tion costs. Councilman Lammers: I feel we should use the middle of the road proposal. Councilman Lammers: I move that we authorize the engineer to prepare at 'the earliest convenience, and hopefully by Thursday morning, AN AGREEMENT BETWEEN THE CITY OF STILLWATER AND STILINATER TOWNSHIP RELATING TO THE SEARING OF SAM/TART SEWER FACILITIES COSTS ON SOUTH GREELEY STREET. (See memo of March 31, 1•_469). Duane Elliott: The difference in cost between a six inch and ten inch for•-eemain. Councilman Wohlers seconded the motion. (all in favor). SALE OF AMER PROPERTY -- Ron: It would be my recommendation that you have it surveyed for a certaoLn amount of land with the building, and have the legal description. This shamuld be done by a registered surveyor. Councilman Melstrom: I move that our Administrator be instructed to contact a surveyor and have the area surveyed that we propose to sell. Councilman Lammers seconded the motion. (all in favor). RESOLUTIONS None ADJOURNMENT On motion of Councilman Melstrom, seconded by Councilman Wohlers the meetning II adjourned at 11:25 P. M. Attest: 1�2—"—LlJ'W City Clerk Mayor • • 078 • • COUNCIL CHAMBERS Stillwater, Minnesota REGULAR MEETING The meeting was called to order by President Powell. May 13, 1969 7:30 P. M. The opening prayer was given by the Assistant to the City Administrator, Mr. Loland. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Powell Absent: None Also Present: City Administrator, Brower; Assistant to the City Administzzater, Loland; City Engineer, Ehlinger; City Attorney, Kimmel; Building Inspector, Lawson; Recreational Director, Blekum; Police Chief, Abrahamson; Fire Chief, Cormier; Duane Elliott, Banister Engineering Co. Citizens: About 10. Press: Vice Hamann, Stillwater Gazette Mike McGrath, WAVN DELEGATIONS OR INDIVIDUALS (out of order) Mayor: This is the last meeting for our City Engineer, who is going to work& in the City of Virginia and at this time. I would like to read a resolution I had prepared: "BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that for his dedicatee and faithful service to the City as City Engineer, Ronald E. Ehlinger, be. and he is hereby, commended: That recognition!' be given to the fact that for the period years he has been in office, thee said Ronald E. Ehlirger has served the City faithfully, efficiently. sine courteously. The Council regrets that Mr. Ehlinger is resigning, but. extends to him its best wishes for the future. BE IT FURTHER RESOLVED, that the City Clerk be, and he is hereby, authorized and directed to spread this resolution upon the official record of proceedings of the Council, and to deliver a certified copy' thereof to the said Ronald E. Ehlinger." (The Mayor presented Mr. Ehlinger with his copy of this resolution at this: time.) The City Administrator introduced Mary Ann. Ramalay, who was awarded a special Hone Economics Award and Miss Laurie Powell, who has maintained a 4.0 average and was honored today at the Niel. School for their achievements. UNFINISHED BUSINESS (nut of order) This was the day and time set for a hearing on a second reading of a propoaaed amendment to Ordinance No. 383, which would rezone the property or, West Myrtle Street from (RB) Two Family to (Rc) Multi -Family. • • e (May 13. 1969 -- continued) 279 The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and mailed to the prroperty owners and the Clerk informed the Council that the notice for hearitlng was published in the Stillwater Evening Gazette, the official newspaper oof the City on May 1, 1969 and the notices were mailed in accordance with the law. The Mayor then opened the hearing. G. E. Swanson (Atlas Properties) 310 West Myrtle Street I would like to speak in favor of the resolution on some condition, as most of you are aware by putting up an attractive building and L feel that the area is a good area for multi -dwelling providing they observes the ordinance in all respects. Anything that could happen to these houses would be an improvement but the placing of a new building on this would have to conform with the ordinance. We have a four-plex up there which we feel is a very attractive building. Mayor Powell: If there is a variance, it would have to come before the Council and there would be a hearing. Councilman Wohlers: What did the Planning Commissionn do on this? Mayor Powell: It was approved by the Planning Commismsion. Something should be put into the ordinance to allow for multi -dwellings. Councilman Wohlers: It is okay if they keep the park::ing off the streets. The Mayor closed the hearing. (see ordinances) Continue the hearing for the rezoning of South Greeley, Street. This was referred back to the Planning and zoning Commission and they apaproved it on May 12, 1969. (Case No. 39) This would include all of the this area to the City lis.aits with the exception of the property on the extreme South which is owned by Mr., Spinks since Mr. William Bonse has filed Case No. 50 for the rezoning of his prooperty to the South of A. B. Butts which was on Case No. 39. The City Attorney advised the Council to have the second reading of this ordinance and hold the hearing for Case No. 50 at a later date and that Mr. Spinks be advised or this matter. No one appeared for or against this matter. The Mayor closed the hearing. (see ordinances) APPLICATIONS On motion of Councilman Wohlers, seconded by Councilman :Melstrom "On and Off Sale 3.2 Beer" licenses were granted to Pat White, 603 West Churchill. Street, Stillwater for one year. (renewal). On motion of Councilman Melstrom, seconded by Councilman Wohlers "On and Off Sale 3.2 Beer" licenses were granted to Dennis Johnson, 2101 North Owen Street. Stillwater for one year. (renewal). The applications for Off Sale 3.2 Beer License, Soft Driink and Cigarette Licenses for Effie Bird (Mrs. Hamilton Bird), 808 North Fourth Street was referred to the City Attorney to check out the ownership of this businessa before granting these licenses. 1 (May 13, 1969 - continued) e • COMMUNICATIONS From Dan Lyons regarding reconstruction of a retaining wall abutting public sidewalk and street at 114 East Linden Street, Stillwater. (Carried over from May 6th meeting - referred to the City Attorney to check out). City Attorney: It would be my recommendation that we advise Mr. Lyons that we will share the cost in this construction. It is our obligation to provide lateral support for adjoining private property unless we acquirel this at the time we built the street. I think that we would be justified in accepting Mr. Lyon's proposal in that we shame the cost with him. We would have to bid the project, since the cost i:_s in excess of one thousand dollars, with an agreement with him that whaat- ever the price was we would share the cost. Mayor Powell: If this is agreeable the City Administrator should have: some direction. Councilman Wohlers: Aren't we setting up a precedent here? City Attorneys Yes, but each one is an individual case. This was undoubtedly cut when the street was built. This wasn't a wall that was built to maintain the lateral support of the hill or bank. Ron: We are assuming this. City Attorney: Some of the other walls another thing could have been done. Councilman Wohlers: If they come in and complain about it. we will haare to do it. City Attorney: We would have to go along with them. Councilman Wohlers: It is my opinion that others will come in. Mayor Powell: If the City has a responsibility you can't just shrug fit off. Councilman Melstrmm: The City has an obligation, then we should take care of it. Councilman Wohlers: We could clean up the sidewalk and let it go at tthat. Mayor Powell: It is about 15 to 20 feet higher than the street that woes cut there and in order to keep his property from falling into the street, the 'wall was put in. Councilman Lammers: It looks like solid rock behind it - there is only top soil. I have noticed a lot of walls that are in the similar situation since this came up. Mayor Powell: If the City has a responsibility, the fact that we donsit do anything, doesn't remove the responsibility. It is entirely up to the aonncil. Councilman Lammers: Could we afford to do this whole wall? City Attorney: Assuming that we went in today and put in a wall, we %mould be paying for the whole thing which we have no record whether or not there was the taking of a legal right when the street was built. Yes, there is a gouod possibility that if he brought action against us the court would rule that we have an obligation to do that. Layor Powell: Ron, how much right-of-way does the City have there? Ron: I don't know. He has had the land surveyed and the bulk of the wall is on City property. Mayor Powell: Are those 60 foot right-of-ways? Ron: I think those are 50. • (May 13, 1969 - continueat 281 • Councilman Wohlers: There is a wall up on Myrtle Street that was broken about a year or two ago. This street was cut through there. Mayor Powell: This was only three or four feet. Mr. Lyons how n-gh is youzrt wall? Dan Lyons: About 18 feet and 11 feet. City Attorney: we only have an obligation when it involves the natural terrain. Each case will have to be taken independently. Councilman Lammers: What type of wall is this? Mr. Lyons: The wall there now is native stone and there is 80 feet of thatr which needs to be replaced. It is the last 80 feet that needs to be repaiired. Councilman Lammers: Are you going to use the same atone? Mr. Lyons: Yes, we will need only some additional stone. I have accumulated some extra. We do have enough stone with the native stone that I have on band. City Attorney: Maybe our engineer could look at it and make a recommendatltion. Mr. Lyons is quite anxious that this should be done. I think the Engineers should take a look at it and make a recommendation, if the Council so destine. Councilman Lammers: According to our City Attorney we have an obligation .here. I would move that we accept Mr. Lyon's proposal to share the cost on an eenmal basis and that the City Engineer be directed to work with Mr. Lyons on thiis. Councilman Carlberg seconded the motion. (all in favor). From Dr. Byron Torgerson regarding the floridation of water. Mayor Powell: About a little over a year ago we received informatiorm that this was going to be compulsory. City Administrator: Yes, we did. Mayor Powell: There was a certain amount of time allowed for this. City Administrator: This matter should come before the Board of Watezr Commissioners. If you gentlemen want to refer this to the Board of Water Commissioners, we would be glad to do it. Mayor Powell: Would it be in good taste to send along a recommendat_1 I to do so? The information was given us that this was to be done. T^.here are some equipment that was necessary. Ron: They stated to what percentage you were to do it. The law had already been passed. I don't know the time limit. Mayor Powell: Dr. Torgerson approached me on the subject and I askeeS him the questions that he has answered in the letter. Be was very sinceere and I am glad that he wrote the letter. Councilman Carlberg: I personally feel that it wouldn't do much good to make a recommendation to the Water Board. Mayor Powell: They would have to follow the specifications set fortht by the State. Councilman Melstrom: Was this referred to the Water Commission the last tine? City Administrator: Yes, it was. Councilman Carlberg: We can refer it to them and they can give us ttteir opinion. • 282 (May 13, 1969 - continued) Mayor Powell: It is a mandatory thing and it just a matter of time. Councilman Melstrom: I move that a copy of this letter be sent to the Water Board as a reminder that this was referred to them previously and that this is a mandatory request. Ron: The City Attorney is going to check the law on this and get us the exact cut-off date. Councilman Wohlers: Have we had water tests made? Mayor Powell: Yes. I believe we have one well or one pump that comes in right down here that gives us the problems and that is why we have chlorine in all of it. Councilman Lammers: Couldn't we make this a little stronger and get back some response. Mayor Powell: This was referred at a previous date and would like to - know what their thoughts are on the matter. The Attorney informs us thaet January 1, 1970 is the deadline for this floridation. Councilman Lammers seconded the notion. (all in favor). DELEGATIONS OR INDIVIDUALS Ray Roemmich 301 Crestwood Terrace What is the status of the construction of our street? The City was going to do this street this summer. My street is involved and I am wo:d'ering if any date has been set for this work. Mayor Powell: What street projects are there for this year? Ron: There is Lake Drive, Pine Tree Trail, South William, West Willard. South Seeley, South Brick and Crestwood Terrace. Mayor Powell: What do we have in the way of engineering? Ron: South William is done. Willard I don't think is finished and I am not sure on the others. Mayor Powell: When are we going to be able to advertise for bide? Ron: Really not until they are surveyed. All the hearings were held. Councilman Carlberg: We are in a position that we will have to turn this oveex to our consulting engineers. Mayor Powell: Mr. Elliott under these conditions how soon would you have thee engineering completed on these? Duane Elliott: I am not familiar with the situations. We would be prepared to start on it right away. How many streets and how many blocks are involved? Ron: There are about twelve blocks in total. Duane Elliott: I would like to have an opportunity to review this with Ron and report to the Council. Mayor Powell: You know as much as we do on this, Mr. Roemmich. We are not going to accept any more that will delay this in any way and we would still do it this way. Councilman Carlberg: Would it be possible to look into what is going and instruct them to prepare everything for the letting of the bids? (May 13, 1969 - continued) 283 e Mayor Powell: Would you like this direction? Duane ".liott: Yes, I would. After I review it with Ron and then t;Jsere would be a written proposal. Councilman Carlberg: I would make a motion to the effect directing :Banisters to proceed with the street work and come up with a proposal for engiiseering service. Councilman Wohlers seconded the motion. (all in favor). Mr. Roeweaich: I have been watching the papers and I have noticed teat there was no advertising for bids for Crestwood Terrace. Dan Lyons 114 East Linden Street My neighbor Martin Hansen has a variance to build a garage and I received no notice on this hearing and also on the Jones Hague apartment I receihwed no notice and I am living in this area. Mayor Powell: You should have received a notice. Mrs. Lyons: He (Mr. Hansen) is digging into the side of the embank:Cent to build this garage and we are wondering what this will do to our propperty. Mayor Powell: Our Building Inspector could go and look into this wed he would tell Mr. Hansen regarding any damage resulting from it. PETITIONS None (The Mayor declared a recess from 8:20 to 8:25 P. M.) CITY ADMINISTRATOR'S REPORT 1. On motion of Councilman Wohlers, seconded by Councilman Melstrcom direction was given that the secretary prepare the agenda for future meetlings no later than Friday prior to the meeting to be held on Tuesday amid mail copies to the Council members. The deadline for items for the agenda would be Friday morning, and that notice should be given in the newspaper in this new deadline. 2. The City Administrator informed the Mayor and Council of a pending bill on County Filing of Land Use Documents and gave them copies of the material sent out by the League of Minnesota Municipalities. City Administrator: The City Engineer and I went over this this afternoon and we feel it is not a very good bill and if you feel the same: way, we should take some action. City Attorney: It is a nuisance. I understand it was suggesteed by our own planning Commission in this County. It would require that we file our Zoning and Planning Ordinances or anything relating to such matters with the Register of Deeds of Washington County before it is effectiive. It will affect us very definitely. Any amendments to those ordinances aad variances the County Planning Commission would have to be given 15 days ffor s hearing on it. There are no restrictions but it requires the filing wiith the Register of Deeds and a notice of hearing. It really doesn't seerve much of a function. Seriously the Register of Deeds is not going to be able to do it. It is going to cause a lot of work and foolishness. i t won't really hurt us. If the County Board approves it, it will go into effect. Councilman Lammers: It might establish the first voice for thee County. Some- times you have to move rather quickly on some of these items. (May 13, 1969 - continued) • • Mayor Powell: While we are on the subject of legislation, Mr. Loland and I went in to the legislature in regard to our additional liquor license. Senator Brown did an excellent job on behalf of the City. Mr. Albertson said it would have to be amended to be a wine license but that would complicate the issue. We also stopped in to see Mr. O'Dea and he said he would try to get it through as it was. It is a fNifty- fifty chance that it would not go. They want to tack it on to anothexr bill. It is a little bit touchy right now. 3. The City Administrator informed the Mayor and Council of the Annual Meeting of the Metropolitan Section of the League of Minnesota Munici— palities to be held 8:00 P. M., Wednesday, June 11, 1969, Richfield C::ity Council Chambers, Richfield City Hall, 6700 Portland Avenue 4. The City Administrator informed the Mayor and City Council that he ha•m received a call from George Rydeen of the Stillwater Town Board informing him that the City cannot dump debris on the Ritzer property owned by .the City until the City acquires a permit from Stillwater Township. On motion of Councilman Carlberg, seconded by Councilman Wohlers the City Administrator and the City Attorney were directed to apply for as permit for dumping and burning on the Ritzer property in Stillwater Township. 5. A memo from the City Engineer informing the Mayor and Council. that Mr'. Glen L. xarloske, 1123 South Sixth Street. has requested that a back water valve be installed in his home sewer line. The reason for this, is the fact that he intends to install a toilet facility in his.. basement. This situation arose from the flooding of the basements in this area ,of South Sixth Street last year. The City has previously authorized thi:_s back -water valves for the homes at 1117, 1123 and 1205 South Sixth St:reet, but in inspecting the premises it was determined that line plugs in t_ie homes at 1123 and 1205 could be installed to prevent this back-up. Hlmwever, with the installation of toilet facilities it will require back -water: valves in the lines. The cost will be approximately $250-$300 per meth. I would recommend that this be done as per the original council actions. and that the work be done by Bliss Plumbing Co. since they did not charge the City for the plugs. On motion of Councilman Wohlers, seconded by Councilman Lammers that we do this according to the previous commitments which proved satisfactory. 6. The City Administrator informed the Mayor and Council that the locatibon at 110 East Marsh Street had been checked out and there is no evidence cat a frost boil re -occurring. This area was excavated and filled with sand before the street work was completed. 7. A reply memo from the City Engineer reporting on the present conditiem of the Everett Street bridge. I do not have an estimated cost at this Mize for the necessary repairs. However, I do feel that it would be more economical to repair the existing structure than to remove same so aI11 the necessary work that is required prior to the filling of the ravine. although this latter solution would be to the advantage of the City ilf funds could be found to warrant the long range solution. This would require new sanitary sewer, watermain and a storm sewer under the filll area prior to the filling in of the ravine. (see illustrations attached fto the memo for the details). Councilman Wohlers: What about a walk on that bridge? Ron: There are no provisions for t,.at. I was not designed to carry a catwalk. If you did this. you would have to construct piers which is. prohibitive. One of these days that bridge will fall in. The steel is rusting and most of the bonds are gone. Councilman Wohlers: Your recommendation is for repairing this bridge.. • (May 13, 1969 - continued) 285 • Ron: The long range solution is to put in a new bridge but you are talking about considerable money to do this. Councilman Wohlers: Do you have any idea at all of the cost of repa±Ixing this? Ron: Basically the cost would be quite great as you would have to bniLld scaffling under there. At the present time I do not have cost figuring. Mayor Powell: The condition of the bridge is such that we should havire something prepared for it so we have soma idea of the costs involved.l. Councilman Wohlers: Can't we get an estimate on this? Mayon Powell: I suggest that if the Council wishes to have this information that you would direct Mr. Elliott to look into the matter. Councilman Carlberg: That is the only way we will find out. Councilman Wohlers: Either do this or close it up - one or the other.. There is no in-between there any more. Councilman Melstrom: Was there any count taken on this bridge before: it was closed to bus traffic? Ron: I don't know. Councilmen Melstrom: I know now it would not be a fair count. Councilman Lammers: I move to authorize the consulting engineers to follow up on this matter and give us figures on this as soon as possible. Councilman Carlberg seconded the motion.: (all in favor). 8. A memo from Joel R. Blekum, supervisor of parks and recreation recommending the employing of the following personnel for the Lily Lake Beach for 1969: Caretaker - Clarence Diethart $400.00 per month Lifeguards Cindy Cadden Susan Frenzel Mary Jo Frenzel $ 1.85 per hour $ 1.85 per hour $ 1.80 per hour The following were approved as substitutes at $1.65 per hour when callled: Susan Handevidt Sandra Handevidt Donna Clenings Kitty Cadden Laura Elvig Jean Carlson (See resolutions) 9. A memo from Joel R. Blekun supervisor of parks and recreation as folllows: 1. That two loads of fill be placed on the skating area at South Broadway playground. 2. That a warming house and caretaker be provided at Staples Field for the coming skating season. 3. That a resusitator kit be purchased for Lily Lake Beach. (Money for above to cone from budget for Legion Beach). 4. That the diving dock at river be moved to Lily Lake and that beaech house be dismantled and used as a utility building at Lily Lake Ln the future. • (May 13, 1969 - continued) e • Mr. Blekum: Mr..Lewrence Junket would dismantle this building for $500..00. The thought was that if the development at Lily Lake goes through this would be a good storage building for this area for picnic tables, etc. At that price he was thinking that once he gets the thing taken apart maybes the City Street Department could take it inside the fence at the disposeai plant. This price was just for dismantling. Councilman Lammers: I still don't know why the City boys can't do it. Mr. Blekum: If it is not out of there before Memorial Day, it will be damaged. Ron: I think that cost is a little high. Councilman Carlberg: I feel that we should see if the City crews couldt do it themselves. Councilman Wohlers: There was some thought at the Sewage Plant possiblly that you could use it down there. Mr. Blekum: For my part it makes no difference. This was the reconmenrdation of the Commission. Councilman Wohlers: We are shooting high on Lily Lake and I don't think that building to be necessary for that particular phase out there. Thee facilities would take care of a certain amount of storage out there. Councilman Carlberg: If we don't remove it, vandalism could lose it fo_r us. Mayor Powell: You could use it for something else too. Mr. Blekum: Mr. Junkers main idea was to get it out of there before it.t is destroyed. If you don't like his price, you can do something about :it. It would make pretty good storage. Ccuncilman Carlberg: I would make a motion that we ask the City crews tto dismantle this building and store it in a safe place for the time being... Mr. alekum: If you were to have your street department employees under someone's supervision, it would exceed $500.00. Ron: Saving all the bolts will take time and then on the trusses you w:ilL need a loader to take it down. Mr. Blekum: Two people put the building up. It is only the heavy one :1s: the center that you would need the loader for. Councilman Wohlers I can see Jim's and John's ideas of doing it. If you want it down before Memorial Day, it is too much for the City crew. Councilman Carlberg: I would at least like to get some other idea what other people would charge to take it down. Mr. Blekum: This was including having Choc Junker knocking out of the cement block. Ron: There are two men in the Sanitation Department that could be taker off for this job. Councilman Wohlers seconded the motion. (Councilman Melstrom was opposeed). 10. A memo from the Fire Chief informing the Mayor and Council that Donald Junker has resigned from the Stillwater Volunteer Fire Department effecetive May 1, 1969. On motion of Councilman Melstrom, seconded by Councilman Lammers the resigna- tion of Donald Junker from the Stillwater Volunteer Fire Department was accepted and the City Administrator was directed to send a letter of Appreciation. • (May 13, 1969 - continued) 287 • e _ 11. A memo from Ron E. Ehlinger with an itemized listing of the vacation 1 time earned and taken by him during the last three years as follows: Year Days Earned Days Used, 1967 15 1 1968 15 20 1969 15 4 45 25 Unused days = 20 He would appreciate any consideration in regard to allowing payment for the unused portion. On motion of Councilsan Carlberg, seconded by Councilman Wohlers that Mr. Ehlinger be paid for the vacation pay that iscomingto him. Wohlers e 12. On motiobond forn nGeorge JCof 3Luecken, 2658 Minot, North lman Lammers, seconded by CSt. Fault Minnesota wane excavating eapproved and ordered filed. 13. On notion of Councilman Carlberg, seconded by Councilman Melstrom tithe credit to the City's Escrow Account in safekeeping by the American Nation=.1 Bank of Minneapolis, Account 808-093-7 dated 3-10-69 crediting the Escrow Aoecount with $30.000.00 and coupon amount of $618.75 from investments that have matured were approved. On motion of Councilman Carlberg, seconded by Councilman Melstrom tite credit to the City's Escrow Account in safekeeping by the American Nation:.1 Bank of Minneapolis, Account 808-093-7 dated 4-1-69 crediting the Escrow 'Account with 530.000.00 and coupon amount of $600.00 from investments that Move matured were approved. On motion of Councilman Carlberg, seconded by Councilman Melstrom like following investment purchased by the First National Bank of MinneappoLis as it concerns the City of Stillwater's Escrow Account in the amount- of $2,000.00 at an interest rate of 5.65 with a maturity date of 4-24-1.59 was approved. 14. The City Administrator asked the Council if they were interested ins advertis- ing for bids for the sale of the City's property known as the Ransdsen property. The Council indicated that they were not interested at this time inn disposing of this property. 15. The City Administrator presented the Mayor and Council an Agreemantt for the servicing of the mechanical equipment in the Stillwater Municipal Building. Ron: we should see if we can jack Axel Newman up on the air conditltioning in this building. Newman was here on the one at the fire station. At Least we should get him over here and see if he is going to charge you Foos travel time. Councilman Wohlers: Axel Newman has been released from the guaranetee7 City Administrator: Yes, everything. Ron: Basically I would drop him. Councilman Lammers: I think we can contact Newman :..d make anothe:er attempt. our attorney will take the necessary action and put it in working corder. The City Administrator was directed to send copies of the agreemenht drafted by the City Attorney to all members of the Council for their consideration. (May 13, 1969 - continued) • • 16. The City Administrator informed the Mayor and Council that the City ge Attorney has suggested amending the excavating ordinance toechargets. a permit feelarge enough to oded the cwr o r° airing Then the City Street crews could do the work and do it properly. n. get Mayor Powell:else. We have n lot better control A lot of times six thi gmonths els later ht eia thitrvco to o contractor av go back is node bast time of it if we have our own men do it. The at the first of the year. Ron: They are not all at the same basic time (renewal dates of the bonds). They still have to have the bond. Mayor Powell: It would be my recommendation that this be put on the agenda for June. This will give us some time to think about it. - E property on The mattes of Parking Facility Assessments for Fred Bliss' P p° North Second Street. (Plat(Plate #35711-A - North One-half of Lot 6 of the Original Town)- (15 The City Attorney read the following from the Statutes regarding Tax Forfeited Land Sales - Section 282.223: When any lands shall be sold under sections special"TAXES 282.221 CANCELED: 282. public liens thereon for tax°ihe tax to 28aother charges, whether extended on auditor, lssssmrnno, and be canceled, and the County lists tr not, r, an forthwith county treasurer, and register of deeds shall note such cancellation upon the records of their respective offices. It appears that it is mandatory to cancel these ears to cover all assessments, and that we have City Attorney: no alternat It appears appears that this should be automatic. no alternative. This appe that this should be Mayor Powell: It is the Council's feeling level. Does them Council wish to sennd17any handled the Cthety informingof instructions to the level. like. Councilman Lammers: The idea of it I don'tlevel Mayor Powell: The law says this should be done at the County so why should we do anything. Councilman Carlberg: I mppe that we send a letter to the County Auditor and him on that as far as the information that we have it tell is a county tenit Councilman Lammers seconded the motion. (all in favor). aiding the Beach douse and Dock= at Report from the Recreation Commission reg fission. the Legion Beach and the minutes of the Recreation Comm (See Item #9 in the City Administrator's Report). Award the contract for Local Improvement No. 82 - South Greeley Street. The following letter was received from Stillwater Township regardivag their sharing the cost of this project: "The Board of Supervisors of the Tows of Stillwater has directed e ment as submitted for the sanitary enver the Agree write you regarding improvement on South Greeley Street which involves the constructioor of a lift station and forcemain. (May 13, 1969 - continued) 289 "The Board wishes to advise it would be unable to reach a decision on the Agreement for at least one month due to the fact a public hearing would be required as well as further study of the agreement by our Town Engineer. "The Town Board also questions that portion of theAGreement which allowus the City to charge a profit to the users, i.e. 150% to the user plus an open-ended contract to industrial and commercial users and an open-- ended contract to all users with respect to new equipment provided in the City system." (Town of Stillwater, George L. Rydeen, Board Chairman, Geraldine C. Riedesel, Clerk) This letter was addressed to Mr. Lester R. Brower, City Clerk-Administ±cator - Attention: City Council) Councilman Lammers: It is an unnecessary delay. Mayor Powell: Do we have a recommendation from the Engineer? Duane Elliott: we checked all the bids and found that the low bid remains tto be Arcon Construction Co., Mora, Minnesota in the base bid and the alternate !hid. The difference in the base bid and the alaternate is $7,655.57 and of that total difference $2,620.00 is in effect the lift station cost. The balance is in sewer and forced main. The most important aspect to fabrication is the lift atatttion. I have b'en informed that the delivery is six to eight weeks. If the largess lift station were ordered, you could award the bid on the basis of the alternate bid. The contractor could order the larger lift station and during the intterim period we would hopefully get a decision from Stillwater Township. The;inuaest- ment would be roughly $2,600.00 and that larger lift station could be made.,with a smaller forced main. The forced main is much more readily available therm the lift station. If the award were made on the basis of the alternate and the contractor ordered the lift station, this lift station could be used, Councilman Lammers: Couldn't we justify the Installation of a larger lift station and forced main? Mayor Powell: With all the rezoning this would be then assessed when it is developed and built. City Attorney: It seems to me to be a justifiable assessment. If could bee made at a later date out of capital improvements. Councilman Lammers: What amount would the City be picking up? Duane Elliott: $7,600.00. „.y Councilman Lammers: I am talking about the whole difference. Duane Elliott: The City would have to pay a portion of the storm sewer coast. City Attorney: Actually no amount was determined to be assessed to the prooperty owners. Councilman Wohlers: I would make a motion that we go ahead on the bigger lift station on the future plans of the area development. Councilman Lammers: There is no question that the existing pipes would bane no problems in carrying the sewer down there? Duane Elliott: We would then award the bid to Arcon Construction Co. for tfhe alternate bid of $139,342.72. Councilman Carlberg: Have you had much dealing with Arcon Construction Co.7 Duane Elliott: Not recently but they started out primarily on curb and guutters and last year they did do a million dollars worth of utility work. City Attorney: I would hate to get a reputation of turning down a low bidd. Then we would not get contractors to bid. We have no reason here to think thatt he is not a reputable builder. • 290 (May 13, 1969 - continued) • • Duane Elliott: We have looked at all aspects of the bide and he has been consistent with his bids. Mayor Powell: You have to go by a clear bid and a low bid. Everybody has the same opportunity. I feel the same way as you. Councilman Carlberg: I move that we accept the alternate bid of Arcon Construction Co., Mora, Minnesota for $139,342.72 and authorize the Mayor and Clerk to enter into a contract with Arcon. Councilman Lammers seconded the motion. (all in favor). NEW BUSINESS On notion of Councilman Melstrom, seconded by Councilman Wohlers the -Clerk- Treasurer's report for April, 1969 was approved and ordered filed. Case 4050 - Rezoning of South Greeley Street submitted by William A. and Regina M. Bones. On motion of Councilman Carlberg, seconded by Councilman Wohlers that we have the first reading of an ordinance tonite and hold the hearing on June 10, 1969. (see ordinances). On motion of Councilman Melstrom, seconded by Councilman Wohlers the Mayor's: appointment of Gene Bremer, 2114 Fairmeadows Road to the Planning and Zoning: Commission to replace Alan Peterson was approved. ORDINANCES On motion of Councilman Wohlers, seconded by Councilman Melstrom the Clerk made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383 'ZONING ORDINANCE OF THE CITY OF STILLWATER' " (rezoning' on West Myrtle Street - Case No. 40, Ordinance $441). 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 Carlberg, seconded by Councilman Lammers the Clerk made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383 'ZONING ORDINANCE OF THE CITY OF STILLWATER' (Rezoning on South Greeley Street - Case No. 39 - Ordinance No. 440) 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 Carlberg, seconded by Councilman Wohlers the Clerk made the first reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383 'ZONING ORDINANCE OF THE CITY OF STILLWATER' " (Rezoning on South Greeley Street - Case No. 50) RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted:: 1. 2. Directing the payment of the bills. Award the Bid for Local Improvement No. 82 - South Greeley Street (Axton). • • (May 13, 1969 - continued) *3. Application for Federal Disaster Funds. 4. Commending Ronald E. Ehlinger (not published) 5. Hiring of the Beach Personnel *6. Engaging Banister Engineering for Street Work 7. John Lawson as Permanent Building Inspector. * Repassed on 5-27-69 - not published in the required time. ADJOURNMENT On motion of Councilman Carlberg, seconded by Councilman Mohler. the meet:Lng adjourned at 10:05 P. M. Attest: City Clerk Mayor 291 • • (May 14, 1969) • • COUNCIL CHAMBERS Stillwater, Minnesota May 14, 1969 3:30 P. M. SPECIAL MEETING The meeting was called to order by President Powell. Present: Councilmen Carlberg, Lammers, Wohlers and President Powell. to the City tant Also Present: City ,Loland;ministratorSuperintendent ofrPublicsWorks, Jack Shelton; DonaldtNoldee; Wilbert Monson Mayor Powell: The Committee for the housing for the elderly has completed its task and we have 233 people that actually signed intentc t to berinterested and 96 phone calls. We would like to be able to present Authority different pieces of land that and which o fab is the most desir- hat could be used for a building of this type and one of those bests being parking lot on South Second Street. we able really to do the best job is the p are talking about 50 units in the neighborhood of a million dollars. Councilman Lammers: What other sites? on North Main Street with a Donaldlramp. The Stillwater Motor Co. property area. This whok lobe• We did showo the downtown a fewareas area. Thisdis treason that the should be convenient to the downtown shopping downtown area was considered. of business be Mayor Powell: It was recommended by the PEA that some typeto something that is compatible of opine degree. Thies hcelps on theh main floor Don wants some type with time thess to be the downtown towr d°nqup1i1°- they might bea willing to relinquish thatsland at a unreasonableamfair price knowledge that it is a very poor investment as a return from parking investment is concerned. Councilman Nolde: Somewhere from forty to fifty thousand dollars in taxes back to the City and the school district. Councilman Wohlers: Is this for the older people? Mr. Nolde: Those 62 years or older who are unable to live in their homes whictr is expensive type of living. Mayort Powell: They will pay up to 70% of the cost. The governmen1B il0. OOy $70.0.00 out of each $100.00 and the lowest rent a renter would pay 1 for those that can't go to Donald Nolde:This would have to havea shape church and facilities for other pthategood program and do not have information on it. We I am sure there are a lot of people iv are at the point that we should pick a couple of sites and do something l about would it. Councilman Wohlers: Mr. Monson, what do you think of this program? like to listen to what you have to say on it. Mayor Powell: We brought this up one time before. We wanted government low that What and the or amen�.t rent housing and we felt that we had a need for it. What we had before was government financed. Now we have somethingland I think safttt does subsidize these people. It is a tax paying proposition eo le dame to me this. I think to is a ttea1 er of the objections some people had will be erased. any p we inves'_igated it before that don't want us to drop good program. • • (May 14, 1969 - continued) 293 • Mr. Noldei People who retired a few years ago at $150.00 per month now realize that they can no longer stay in their homes. These are the people that will benefit by this. Councilman Wohlers: I have had some calls that Don Nolde is very instrumental in this old age program. Mayor Powell: I would like the Council to tell Mr. Nolde that the Council. will or will not sell it for that purpose. You want an understanding, as the FHA feels this is the best place. Mr. Nolde: We are going to have to have a site. I am sure there are s:ites available but they should be in the downtown area. You hire the architect to draw the preliminary plans and you have to get the financing whether it. goes through or not. In any event you have to have plans. If the City felt :it was interested and would be willing to sell this property. Councilman Lammers: This is a tremendous idea. The question is selling this property without the vote of the people. Mayor Powell: We would have to ask the Attorney for an opinion. We wou=.Ld have to get an appraisal on it and go by that. As far as accepting the bids., I think if someone met the appraisal, I think there is an advantage to the City 'knowing what is going to be there. I would rather see a $750,000.00 building thhere rather than a $100.000.00 building. Councilman Wohlers: I think an old age home should be handy to the shoppping area. Mr. Nolde: It should be in the downtown area. You could build this overlooking a lake but it might be three miles from a shopping center. Mayor Powell: A fifty unit apartment will take a lot of parking but possibly only 10% of the people of this age group would own a car. If it came beettoxe the Planning Commission these things would be worked out. Councilman Lammers: Would this be a permitted use? Mayor Powell: Yes. Wilbert Monson: Would you realize any money on this, Mr. Nolde, since you are in the real estate business? Mr. Nolde: I was appointed by the City to make a survey on this matter... You have to find people who are willing to invest money in this kind of a prxoject. This is a slow return. You are not going to get rich. The government Ilinits the return. Mayor Powell: The amount that you can make in profit is 6% of the monew you invest. If you had to invest $100,000.00, you could only get $6.000.00 per year on your investment and the thing is that the need is great enough. We 8feel that 50 apartments will be filled at all times. First you must have the neen. If you had l0J people, you could go ahead with it. It is not a gift in the way of money. It doesn't mean that everybody will pay the same amount live themre. This will be determined by them. Mr. Nolde: No one in the building will know what the other people pay. Mayor Powell: If the Council feels it is worth following up or providing that we follow the proper steps. Mr. Monson: Another reason I feel we have to move out of our homes is t5ecause of the things that you are shoving down our throats. Councilman Wohlers: These are things the people want, and we will have to pay for them. Your street in particular, I checked it out and it you came Lin here for an application for sealcoating, I would turn you down. Mayor Powell: The point is that you delay it and it only gets worse. • • • 294 (May 14, 1969 - continued) JACK SHELTON'c PROPOSAL REQUESTING THAT FRANCIS SEWAGE TREATMENT PLANT, EFFECTIVE, MAY 16, 1969 Councilman Wohlers: Quick is real interested in I can't seem to get any dope on him. QUICK BE TRANSFERRED TOO THE -- (see the letter in t:he file). staying here. The other, fellow Mayor Powell: Both are interested in staying. They are both good £ell,_ows. Jim Dahlin has been trained on the voting machines. That is to his advantage. He is a rodman and can inspect and also Quick. If „mirk stays he wants $600.00 per month - he is getting $500.00 and if Dahlin stays he wants ;$750.00 and he is now getting $625.00. We talked to Ron last night and again hoe said he thought that it could be run with just Jack. I believe that John Lawsorm's office could move from where it is so that John Lawson could be there and John °could handle what comes in there. I believe that John has enough tine during the day. I am sure that this can be arranged. The reason i mentioned it is that Blom said that it could be done alone. Councilman Lammers: But we are not talking to them. This has been true all along. Mayor Powell: Jim was present when i was talking to Ron last night. Rona still says that. I don't know if there are any hard feelings between Rom, and Jack. Ron did say when we go to Secondary Treatment we will have to hire a man for the Secondary Treatment Plant. This sounds like a reasonable way/ to do it. It is not cut and dried as to what we can do. We are closing this: department on account of the cost to the City. If you want to close it sa11 the way or close it half way is your decision. Councilman Wohlers: What about the other deal? Mayor Powell: What deal? Councilman Wohlers: The Metro Sewer System. Mayor Powell: Whatever happens we are going to be made aware of it. We clan contact them and get their ideas of whether they are going to recomr,end 'Anat. We go into secondary treatment then we can find out all of those things inn due time. I don't think we have to get all excited about it. Councilman Wohlers: Are you going to double tax your citizens? Councilman Carlberg: The State is saying that this has to be done by such srd such a time. By that time we are going to know what they will be doing. One way or ther other it is going to happen. Why worry about that right now. Councilman Wohlers: But we have more involved here. Mayor Powell: The same men that are going to work down there will stay hears. We can write and ask to see if we can go ahead with the Secondary Treatment. We should get some credits when credits are due when they go to the Metro system. We are going to have to have some voice in it. You must do this. We have the engineering done. The only thing that we would lose today wou=Id be the engineering that Banister has done. Councilman Lammers: We have spent so much money so far and the board is going to be set up this year and they will move very quickly on this. I think we should follow up right away and keep in close touch with this boarrd. Mayor Powell: Before anything happens, I am sure what the intent will be. All that has nothing to do with these men. If you can operate without either o-of these men because you decided that th- engineering costs to the City were t:o.o expensive, then I believe that you should save as much as possible. Councilman Wohlers: Can we? I would like to talk to Jack on that. Mayor Powell: The first thing that Jack said was that he could handle it hinsself. He said he would take over the two departments if the Council wouldn't be tan critical about this. e • • (May 14, 1969 - continued) Councilman Carlberg: Ron said Stillwater can't go without a City Engineer. In talking to Duane Elliott says in his own personal experience up in Chisholm thee town is too small to support an engineering department. It would be my feelingg to put someone down at the plant. Councilman Lammers: Both of these have other opportunities? Mayor Powell: Someone has gotten to Quick and he had turned down Banister. Councilman Carlberg: Is Jack around? City Administrator: I can get hold of him. Councilman Lammers: Jack is a good city employee. Councilman Wohlers: I think we should listen to Jack and no one else. Mayor Powell: The money is alloted for in the budget. (while the Council was waiting for the arrival of Jack Shelton, they took action on the following) On motion of Councilman Wohlers, seconded by Councilman Carlberg a resolution was introduced opposing the pending legislation "House Pile No. 41 - a bill for an act relating to county planning advisory' commissions, providing for submission of certain municipal regulatidmns and ordinance to such commissions and filing with the Register of Deeds." (see resolutions) 295 • • (Jack Shelton arrived at this point in the meeting and Mayor Powell had too: Leave). Councilman Wohlers: Jack can you run this alone? Jack Shelton: Mo. Councilman Wohlers: How much help do you need? Mr. Shelton: At least one man. Councilman Wohlers: Do you have any preference? Mr. Shelton: Either one are good men. Jim indicated he didn't want to say. :Quick didn't say one way or another. Councilman Lammers: Dahlin wants $750.00 if he stays and Quick wants $600.00.. Mr. Shelton: Quick was promised a raise and didn't got it. Either one will be a recommended addition and we do not have to train them. Councilman Wohlers: Can Quick do the work as well as Dahlin? Mr. Shelton: In some areas Quick would be better. He understands the tools. 1 can run the instruments. Councilman Wohlers: We are looking at this from every angle. Percentage wise and tax wise we have to hold the bills down to hold the taxes down. If you think that Quick can do the job as well as Jim, you gave us that impression already. Councilman Carlberg: Jack you know as well as I do that the department is beiieg eliminated in some form. Jim has the knowledge and training in other areas moose than what Francis has. I think we have to sit down and we have to pick the best mean who is able to do the most work for the City and we have to have somebody that is going to be able to do more than one thing. Either one will have to learn to take lithe tests. Councilman Wohlers: Would it be easier for Jim to get a different position than it would be for Quick? (May 14, 1969 - continue Mr. Shelton: They both can get different jobs. I don't know what eitherx of them have been offered as far as salary. Jim has stated that he has hadd two or three offers - twn for sure. Councilman Carlberg: Jim doesn't say too much. Mr. Shelton: He never mentioned the salary and he never mentioned what Banister offered him but Banister feels he can work into a better job. HE doesn't feel he wants to go there. Councilman Wohlers: Quick gave me the impression he wants to stay here. Mr. Shelton: I have had no disagreement with either one of them. Councilman Carlberg: Jack you feel you need one man in addition to yourself? Mr. Shelton: Yes. We are.having some problems in Fairmeadows in the our:veying the area for the Cul-de-Sacs. We have to have someone out there to watcfn this. Councilman Wohlers: This is going to put you on the spot. Mr. Shelton: Really I feel that both could do the job. Both have expressed an interest, and both of them would accept. Councilman Woljlers: L heard that Ron was trying to take the whole department out with him and I don't like this - to break up a department for a selfSLah reason. Councilman Carlberg: I didn't hear this. Mr. Shelton: We will have to at least keep one fellow. we.will have to heave one man at the plant half of the week and this can come out of the Sewag.w Plant Fund and the other half could be out of the General Fund. We have !got Orleans Street going. This was started and is in the process of being f:5.nished now and somebody will have to make estimates and make out an assessment::. zroLL when they are completed. Councilman Wohlers: Who inspects these jobs? Mr. Shelton: Both Frank and Jim have done this. This street is designed. for a very minor amount of gravel and 5't inches of bituminous. This ism heaavy ,. street. Councilman Lammers: The thing is that we have to make a decision. It is; going to have to be done. Mr. Shelton: Both of these men would like to know what they are doing. Councilman Carlberg: Then one will be staying and the other will be leavving. Mr. Shelton: Quick is interested and has express interest in the place. Councilman Wohlers: If Jim is not satisfied here, then we should go to 0Mick. Mr. Shelton: Both are well qualified. City Administrator: These salary figures are the figures these fellows gsave me. Councilman Lammers: Jim is basically hired for drafting. The duties of this job would not warrant the $750.00 salary. Quick has a definite concern tfor the City and likes the City. If another opportunity comes along, he willl leave. Mr. Shelton: We will be concerned with street matting and sealcoating and measuring and there won't be that much drafting. Councilman Carlberg: Frank doesn't care what he does but he wants to improve himself. Mr. Shelton: Now that the flood is over we can get on with some of the other work. You don't have to be a college graduate to do this work. This is down to where you can do it within a day as you can buy these solutions. He wwould have about twenty hours down there. There are a lot of things that you hhave to send into the State and I know he can do this and then the assessment rolls. Maybe by next year you could use another man. (May 14, 1969 continued) 297 Councilman Carlberg: We are trying to keep the cost down. The Mayor expressed his opinion that Ron said we don't need anybody. Councilman Wohlers: Why? Mr. Shelton: I don't know. I don't know how versatile he thinks I am. Councilman Carlberg: If you are busy with your work and take a supervisory position of the whole works. Mr. Shelton: This transition period is going to be real hard. Councilman Carlberg: I feel that we should go along with Mr. Shelton's recommendation. Councilman Lammers: I move that we retain Francis Quick laat$600.00 per moni.lh as Jack's helper and said salary to be effective May 1, G9 Councilman Wohlers seconded the motion. (all in favor) (See resolutions). The City Administrator read the following memo received from James Dahlin dated May 12, 1969: "I hereby submit my resignation effective Friday, May 16, 1969 at 4:3m P. M. ten days. 1 respectfullyrequesttoconsiderationayor,be 9iven for City Council,ionCityAdministarned tratornaemd City Engineer for their cooperation and consideration given me during my employ- ment with the City of Stillwater. (James E. Dahlin) On motion of Councilman Wohlers, seconded by Councilman Carlberg the resignation from Jim Dahlin was accepted with regrets and with considerationfor the vacation pay as stated effective May 16, 1969. RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: *1. Compensation for Francis Quick (Effective date May 1, 1969 - $6000.00) **2. Opposing Legislation on Documents- Rouse File No. 41 County Filling of Land Uee Documents * Repassed 5-27-69 - not published in required time ** Not published in required time since the attorney did not prepare: same in time to meet the publication date. ADJOURNMENT On motion of Councilman Carlberg, seconded by Councilman Wohlers the meeting adjourned at 4:35 P. M. Attest: City Clerk Mayor 298 • • COUNCIL CHAMBERS Stillwater, Minnesota May 27, 1969 3:00 P. Mt SPECIAL MEETING The meeting was called to order by President Powell. Present: Councilmen Carlberg, Lammers, Wohlers and President Powell Absent: Councilman Melstrom Also Present: City Administrator, Brower; City Attorney, Kimmel; Superintendent of Public Works, Shelton; Chamber of Commerce --Bob McGarry and Warren Bower; Highway Department, Mr. Glen Van Wormer PRESENTATION OF SIGNAL LIGHTS ON MAIN AND CHESTNUT BY MR. VAN WORMER Mr. Van Wormer showed the plans as he had drawn them for the changing of these, signal lights with the left turn off the bridge and the "Walk" and "Don't Walk'" signals which will be controlled by three time cycle clocks. The estimated costt will be $12,000.00 - the State will pay 75% and the City 25%. He suggested thaat the City do the advertising for bids on this rather than the State since the procedures for the State take much longer than for the City to do it. If the City takes it, they pay the contractors and then get repaid from the State by billing them. If the State does it, they will bill the City 25% of the total cost. Mayor Powell: The State would prepare the specs and then the City would advertiise for the bids. Mr. Van Wormer: The specs are pretty much standard. Mayor Powell: Is this agreeable to the Council? The Council agreed this would be the best way and get the project complete.,d in the shortest possible time. Mr. Van Wormer: I will prepare a set of plans and an agreement for signatures sand then you can pass the necessary resolution. COMMUNICATIONS Mayor Powell read a letter received by Bob McGarry from the State of Minnesota iin reference to the proposed new bridge from Stillwater to the State of Wisconsin which is scheduled for 1973 and it would take about two years to complete. Mayor Powell: What effect will this have on the parking program? Mr. McGarry: Nothing, I think. We are going to do some checking with Wisconsin and see if they are sincere in keeping it open. There are three proposals under consideration for the new bridge - one North, one up by Aiple's and one further down this way. As far as we are concerned the Northern route would be the worst as far as business is concerned. On motion of Councilman Carlberg, seconded by Councilman Lammers a resolution was introduced authorizing the payment of Thinker Landscaping for the removal of the dike and Estimate No. 3 from Moelter Construction Co. for Local Improvements. (see resolutions) • (May 27, 1969 - continued) 299 • • FLOOD TTERS On motion of Councilman Lammers, seconded by ded bydCouncilman alicarlbergtion Wayne Lolanut f was named to execute the necessary papers funds for the City of Stillwater. FLOOD PAY FOR CHIEFS On motion of Councilman wohiers, seconded by Councilman Carlberg the Cliexk- Treasurer was authorized to pay the Fire Chief and the Police Chief oveextime for work in connection with the flood. BID FOR CITY The City Administrator informed the Mayor ano Council that he had received call from the Stillwater Motor Company advising him that the last day which dealers could place orders for 1969 trucks would be next Monday and he was wondering if the Council would still be in favor of advertising for the truck for the Street Department at this time. After some discussion they agreed that they wouldE proceed with this advertisement for bids for this truck for the Street Depaertment. Discussion was held regarding a title for the former Engineering Departments and also titles for Jack Shelton and Francis Quick. On motion of Councilman Carlberg, seconded by Councilman Lammers that the title for the Department will be the Public Works Department and Jack Shelton's title will be the Superintendent of Public Works and Francis Quick will be Public Works Inspector. The City Administrator informed the Mayor and Council that the Axel Newman e Company informed him that the Newmatic Controls in the Municipal Building should bre- checked out periodically and there is one company who can do this work and that is+ Roney - well. The contract price for this would be $700.00 per year for all labor: and materials for as many times as needed during the year. Individual calls ran about $50.00 to $100.00 per call. After somiscusiot on a ime and basis fore adyears andnsee what athe ecosts are and lthen wet can a it was see boutkals contract for the future. RESULTS OF THE FIREMEN'S CASE Mr. Kimmel: In the matter of this case that went to the Supreme Court yo..a have the right to tax them with the costs. The costs which we paid were betwe.eern four and five hundred dollars. Mr. Miley called me and told me that Phil had .advised him that when the appeal was made that these costs would be taxed against: the firemen involved. Bill, do you know did the City make any agreement at that time on this matter? Mayor Powell: I don't remember of any. Mr. Kimmel: I will ask Phil whether or not we had an agreement with theme. I feel we should cancel all items and wall tanycchargesn the will is forget the $450.00 or $500.00 if they will dismiss already paid this amount. them or is as lonci) as paid. PThese. fellowslpavedethe way fort the new and lbetter f fire hdepartmenm that we s to see we not we now have. e • (May 27, 1969 - continued) Councilman Carlberg: I move to authorize the City Attorney to offer the tax of costs for the dismissal of the Judgment Costs and any other pending costs. Councilman Wohlers seconded the motion. (all in favor). METRO SEWER BILL Councilman Lammers= I think we should keep on top of it and see where we stand. Possibly we can contact the Federal government. Mayor Powell: We should have a statement stating that it will be used to its fullest length and get credits if they use it. Mr. Kimmel: If they don't use it, I don't know if you get credits or not. Mayor Powell: Perhaps we should meet with the Pollution Control Agency and tell them right straight out that we are very interested in complying with their orders but we still are not going to place Stillwater in any double jeopardy and they would show us why we must proceed now. Councilman Lammers: We should keep in contact with this board when they are set up. They might push it up somewhat. Mayor Powell: We should talk them into using it and if the growth continues it would still be considerably less for this area. Councilman Lammers: The natural drainage from the airport on goes South. City Administrator: Are we sure that this is a mandatory thing and that we should do it. Mr. Kimmel: We haven't been ordered to make storm water separation. I don't think we can comply with the secondary treatment without the separation of thee storm and secondary sewer. , Mayor Powell: Couldn't we file some kind of objection legally and give as a reason the fact that there will be a Metropolitan Sewer District. We could apply.. for a new hearing and this could eat up quite a bit of time for an extension. Mr. Kimmel: The Metropolitan Council should have some jurisdiction in this area as to municipalities getting into an argument. Maybe they can arbitrate t as to whether the Pollution Control can make you build a plant. Councilman Carlberg: 1 think we would be smart to find out what the Metro Council has to say. Mayor Powell: We can find out if the legislature established a Metro Sewer District. Mr. Kimmel: The legislature gave the Metro Council the right to operate. Councilman Lammers: Basically they gave the Council the power. Mr. Kimmel: They will acquire all plants over a period of time. Mayor Powell: If we drag our feet, we will be better off. Councilman Lammers: Right, but we should keep abreast. • (May 27, 1969 - continued) r30 1 .) 1 RESOLUTIONS The following resolutions were read and were on roll call unanimously adeopted: 1. Directing the Payment of Bill. (Junker Landscaping and Moelter Construction). 2. Accepting the work for the Removal of the Dike. 3. Resolution for the Application for Flood Funds (repass) 4. Authorizing Banister Engineering Company to do the Street Work for tthe City (repass). 5. Salary and Title for Francis Quick (repass),. 6. Resolution Opposed to Legislation on Documents (originally passed on May 13, 1969, but the City Attorney did not prepare in time for publication - at this time it is too late to repass since the legislature has clos eed). ADJOURNMENT On motion of Councilman Wohlers, seconded by Councilman Carlberg the meetlting adjourned at 4:20 P. M. Attest: City Clerk • • • 302 COUNCIL CHAMBERS Stillwater, Minnesota REGULAR MEETING The meeting was called to order by President Powell. Carlberg. Melstrom, Wohlers and President Powell. Present: Coun Absent: Cou Also Present: oilmen ncilman Lammers June 10. 1969 4:30 P. M. City Administrator, Brower; Consulting Engineer, Duane Elliott; Superintendent of Public Works, Shelton; Parking Committee of the Chamber of Commerce --Warren Bowe and Dick Jeans UNFINISHED BUSINESS (out of order) This was the day and time to open bids for a truck 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 in2the Stillwater Evening Gazette, official newspaper of the City, on May On motion of Councilman Melstrd, seconded by Councilman Wohlers the Clerk was directed to open the one bid received. Bid No. 1 Brookman Motor Sales Lake Elmo, Minnesota Certified Check International - 1969 Trade In Net Bid $8,643.00 $1 660.00 $10,303.00 2 138.00 $ 8,165.00 On motion of Councilman Carlberg, seconded by Councilman Melstrom this bid was referred to the Superintendent of Public Works, the City Mechanic and the City Attorney for their study and recommendatiion. On motion of Councilman Melstrom, seconded by Councilman Wohlers that we delay action until June 17, 1969 for the awarding of the contract for the truck for the Street Department. DELEGATIONS OR INDIVIDUALS (out of order) Dick Jeans: I have signatures for over $50,000.00 worth of bonds for thfis parking proposal and we had thought about coming tonite to the Council too get this thing moving for the purchase of the property but found out thattt Mr. Springsted can't be here tonite. i understand Mr. Springsted will meet with the bankers on Friday on the balance of this bond issue. t Mayor Powell: I was aware of this. As I see itheeonlyothing thing atdperibaps that the Council should do now is to appoint apprt We have to be somewhere in the ballpark and to do it without an appraisa:l would be a breach of good judgment. When we bought the othe ather prtopertysw.eed had appraisers. If we appoint the appraisers tonite, we the program up by that much. You have shown that the merchants are will_Lng to help in this situation by their signatures and raising the other monevr. It is the matter of formality and whether it be done through the sale of= bonds or through a local banking institution. • • • (June 10, 1969 - continued) Mr. Jeans: The banks have already agreed to this. Mayor Powell: I had some question whether this amount could be subscribeed to without bonding? 303 City Administrator: It seems that anything over $50,000.00 has to be billed, but Mr. Springsted indicatea that it woule be his opinion that 7% woule be tl.he rate in view of the fact of the interest rates today and money is hard to comae by that this offer of seven would be quite good. Mayor Powell: With this small amount of money it is conceivable that we :won't get any other than local business. We have that in our favor. Mr. Jeans: What about a time limit? Do we have to advertise in the local). paper? City Administrator: The bidding procedure there is no limit of time. It: is always taken for granted ten days to give everybody an opportunity. Mr. Springsted stated that he doubted very much that we would get any outside!' bids. Mr. Springsted told us that he would be here Friday and he would take ca_:re of this and do what is necessary from the local bankers. Mayor Powell: The most important thing now is to have an appraisal made e. Mr. Jeans: The railroad property - I am concerned about this lease that:we have been sitting on since March. We don't want to wait too ion and harv- them change tneir minds. Mayor Powell: The City Attorney has the lease and we can check on that tlhis evening. Mr. Jeans: How long will it take to get the appraisals? Mayor Powell: That depends. I would say that we should be able to act oon that at the next Council meeting. We could have the appraisals returned by thee next Council meeting. Mr. Jeans: Is there anything else that we could be doing on this? Mayor Powell: We have the engineering done. we would still have to adveertise for bids for tearing down the buildings. If there is too great a discrelpancy in the appraisals, then they will have to come down on the selling price or somebody will have to come up with some money. I am not looking for a problem there. Mr. Jeans: We have signed agreements for both pieces of property. Mayor Powell:. My only concern is an agreement to sell at our price and .Lf there is going to be any sticker in it, it is that the price might be too high:. The appraisers should appraise it and we can go from there. Who should we girt? City Administrator: Mr. Bettenberg and Mr. Klapp did it the last time. we would probably get quicker action on local people. Councilman Melstrom: Are we obligated at this time to appoint two design:s.ted parties? Mayor Powell: We shoula at this time since we are obligated to this. I: would suggest Bill Klapp or someone from the County Assessor's office who is familiar with commercial property. City Administrator: The City Attorney might question using someone from the County Assessor's office. Councilman Melstrom: You feel that possibly another realtor in the area would be better? Councilman Carlberg: How about William Engler - he is a fellow that doe:•: this for the Washington Federal. • • • (June 10, 1969 - continued) • Mr. Jeans: Is there anything else that we can do on the Parking Committee:7 Mayor Powell: We will ask for the two appraisals to be in by next week. After that the next thing would be the advertising for the demolition of tithe buildings. Then we will have to have bids on the construction which will be the black topping, grading and metering. Mr. Jeans: We are considering the possibility of using a meter that will give slugs. We would like to investigate this. Councilman Carlberg: I move that we appoint William Klapp and William Engler to appraise the property in question and have these appraisals returned by next Tuesday. Councilman Melstrom seconded the motion. (all in favor). City Administrator: I am wondering if some of the committee would like to meet with Mr. Springsted on Friday. Mr. Jeans: Yes, I would be glad to be there. would you like to have us black here at 7:30 next Tuesday? Mayor Powell: Yes. (This portion of the meeting adjourned at 5:00 P. M.) RECONVENED AT 7:30 P. M. The meeting was called to order by President Powell. The opening prayer was given by the City Administrator, Mr. Brower. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Powell. Absent: None Also Present: City Administrator, Brower; Superintendent of Public Works, Shelton; City Attorney, Kimmel; Building Inspector, Lawson; Recreational Director, Blekum. Citizens: Mr. Heinlein, Donald Nolde, Edward Davidson, Al Ranum, Bob McGarity, Victor Gozzi, John Condon, Mrs. James Schmidt, Mr. & Mrs. TOm Lammers, Eugene Lammers Press: Mr. Walter Bunge, Stillwater Gazette Representative from the St. Paul Dispatch Mike McGrath, WAVN DELEGATIONS OR INDIVIDUALS (out of order) Wallace Abrahamson, Police Chief read two letters which Vince Hamann had given to him - the first one was commending the Mayor and the second one commending the City Administrator and following the reading, the letters were presented to the respective parties. UNFINISHED BUSINESS (out of order) This was the day and time set for a hearing on a second reading of a proposeod amendment to Ordinance No. 383, which would rezone property on South Greeley Street from (RA) One -Family to (Rc) Multi -Family: e • (June 10, 1969 - continued) The Clerk read the notice for hearing aloud; the Mayor inquired if time notice for hearing was Clerk informed the Council lthat dthe dnotice dfor hearing pto the was publishedrty owners,aeaad n the May 27, 1969 in the Stillwater Evening Gazette, the official newspape:er of the City, and mailed to the property owners on May 28, 1969. The Mayor then opened the hearing. No one appeared in favor or against this rezoning. The Mayor then closed the hearing. (see ordinances) APPLICATIONS On motion of Councilman Carlberg, seconded by Councilman Melstrom the following licenses were granted to Mrs. Effie Bird and Edward J. Bird (Country Boy Store ), 808 North Fourth Street, Stillwater, Minnesota. "Off Sale" 3.2 Beer License Cigarette License Soft Drink License On motion of Councilman Melstrom, seconded by Councilman Carlberg threes Amusement Machine and one Music Machine licenses were granted to Georgee Wohlers Co., 709 West Myrtle Street, Stillwater, Minnesota. (renewals) . From John Booley, 902 South Fourth Street for an "Off Sale" 3.2 Beer License. (Renewal - first reading - carry over to the next meeting). On motion of Councilman Carlberg, seconded by Councilman Lammers an "On Sale" Liquor License including Sunday License and Bond were granted to Victor Gozzi, 402 South. Main Street, Stillwater, Minnesota. On motion of Councilman Carlberg, seconded by Councilman Lammers a Cigarette license was granted to Victor Gozzi, 402 South Main Street, Stillwater, Minnesota. The Mayor explained that the legislature granted two regular "On Sake" Liquor licenses for the City of Stillwater - the first one was taken up lby the Lowell Inn and this application from Mr. Gozzi will take care of the i .other one. COMMUNICATIONS From Mrs. Eugene C. Buck in regard to water floridation. (no action). From Mr. Donald M. Boulware, Akron, Ohio in regard to the locomotive on display in Lowell Park. Mr. Blekum: who actually owns the locomotive? Mayor Powell: it was given to the City. Councilman Melstrom: Afton. Under this proposal this would be stationed at Mayor Powell: Yes, and they will probably have the station there. Councilman Melstrom: we would probably get some of the recognition. Mayor Powell: I think we shoula give it some thought betere we accepvL or turn it down. I think it deserves some consideration so it would Iee my suggestion that perhaps it be tabled until next month's meeting anod I think out of courtesy we should answer their letter and state that we are making a study or the proposal. • e 305 • • 306 (June 10, 1969 - continued) • • • Councilman Melstrom: I so move. Councilman Carlberg seconded the motion. (all in favor) (See additional discussion and motions later in the meeting -- page 8) From the State of Minnesota, Department of Highways in regard to traffic signals on Main and Chestnut Streets. (copies mailed to the Council on June 6th - no action). From O. Walter Johnson, president of Conn -Co requesting permission to holds a sidewalk sale adjacent to their property at 201 North Second Street, June 14th and June 15th, 1969. On motion of Councilman Melstrom, seconded by Councilman Lammers permission was granted to Conn -Co to hold sidewalk sales on June 14th and 15th, 1969. From John Kaske, 620 West Oak Street addressed to the Stillwater Police Department. (read - no action). DELEGATIONS OR INDIVIDUALS Robert McGarry of McGarry -Kearney Insurance Agency presented a check to Mr. Brower in the amount of $1,692.11 which is the City's dividend on their Workmen's Compensation Policy for the year 1967-68. This represents, a 23% dividend and the loss ratio was 4%. Mr. McGarry also informed the Council that he felt that they should consider raising the liability amount in the package policy from $50,000.00 to $100,000.00. PETITIONS None CITY ADMINISTRATOR'S REPORT 1. On motion of Councilman Lamers, seconded by Councilman Wohlers the salary adjustment for Susan Handevidt from $1.65 per hour to $1.85 per hour was granted as submitted by Mr. Blekum. (see resolutions). 2. On motion of Councilman Wohlers, seconded by Councilman Melstrom introduced a resolution for the installation of "No Parking! signs on the West side of South Fifth Street across from St. Mary's School and Church. (see resolutions). 3. A memo from John Shelton, Superintendent of Public Worksstating that he had a request from a home owner on Oak Street in the Walter Nelson Addition asking if the City would oil the street as a dust control measure. In the past they have not provided this service and in checking with Mr. Duane Elliott of Banister Engineering find that he agrees with our former Engineer that the oiling of a street makes it an impossible maintenarmce problem. Councilman Carlberg: The council should give some direction to our Street Foreman and Public works Superintendent to make some recommendEations of the streets that cost us the most money and we should get a recommenda- tion in pretty quick and get the engineering done and get the bids ouut. Mayor Powell: This was our plan. Jack, have you noticed the holes set the end of the concrete on Pine Street. They are fairly small but deep and I was wondering if something could be done about them. Iasi • • (June 10, 1969 - continued) 307 e • 4. On motion of Councilman Lammers, seconded by Councilman Wohlers the resignation of Don D. Vahlsing from the Police Reserve effective May 1, 1969 was accepted. 5. On motion of Councilman Melstrom, seconded by Councilman Carlberg the: purchase of the following securities from City of Stillwater as princeipal was approved by the First National Bank of Minneapolis, Minnesota Escrow Account: $5,000.00 U. S. Treasury Bill Due 10-23-69 Yield: 6.08% 6. On motion of Councilman Melstrom, seconded by Councilman Wohlers apprrned the Fire Chief's recommendation of the appointment of Kurt Swanson, 1109 South Fourth Street to the Volunteer Fire Department effective June 1. 1969. 7. A memo from the Building Inspector advising that he has received nume::rows inquiries during the past several weeks regarding fences and fencing :&long property lines. He feels that some consideration should be given to adopting an ordinance that would govern the heighth, location and types of fence that could be erected. The present Ordinance No. 383 sets up restrictions on fences on corner lots in residential districts and for screening parking lot areas. Councilman Carlberg: I would like to see this turned over to the Planning Commission's Architectural Control Committee and come up with a recommenda- tion as to what should be put into an ordinance of this kind. Mayor Powell: Do you want this turned over to the City Attorney or owvex to us? Councilman Carlberg: The Planning Commission would turn it over to use and we would study it and then turn it over to the City Attorney to dinar up the ordinance. Mayor Powell: That way it would take a little longer. Councilman Lammers: I think that a recommendation from the Planning Commission should come to us and when we make up our minds then we calm give it to the City Attorney. Councilman Carlberg: I move that we turn this matter over to the Planning Commission to make a recommendation on what should be in the ordinances and whether or not they are in favor of such an ordinance. Councilman Wohlers seconded the motion. (all in favor). (The Mayor declared a recess from 8:30 to 8:40 P. M.) COMMUNICATIONS (Discussion continued) Regarding the locomotive -- Councilman Melstrom: A few minutes ago we discussed this engine down in the park and the proposal by Mr. Boulware and we had conversation and feel that probably this should be referred to the Planning Commission for &study and recommendation ana looked into some type of promotional deal and 11 would make a motion that we refer this to the Planning Commission for study. Bob McGarry: Our Tourism Committee would like to work with the Plannii(ng Commission on this. Councilman Melstrom: I think this should be a good asset to the City... Mr. Blekum: It is just going to rack and ruin down there. Councilman Carlberg: I would second Councilman Melstrom's motion. (all in favor). • (June 10, 1969 - continued) • • UNFINISHED BUSINESS Mr. Duane Elliott of Banister Engineering Company presented to the Council the proposal for the cost for engineering services on several street projects and the engineering costs on a continuing basis. A discussion was held on these proposals and the Council and Mr. Elliott felt that it was bet to wait until next week to make their final decision. Mr. Elliott also reported that the work had been completed on the stone retaining wall at the Dan Lyons property at 114 East Linden Street, and they are in a position to receive bids. He recommended July 8, 1969 as the date to receive the bids. Mr. Lyons has had several parties look at it and they will be invited to bid on this. On motion of Councilman Carlberg, seconded by Councilman Melstrom that we advertise for bids for the retaining wall at the Dan Lyons property at 114 East Linden Street and have the bid opening on July 8, 1969 at 7:30 P. M. Mr. Elliott reported that the work on South Greeley Street is progressing very well with the dry weather that we have been having. The ten inch forcemain will be constructed next week. Continued good operation could mean that the grading for the street would be about two weeks away. In regard to the Fairmeadows addition Mr. Elliott recommended the use of the new type curbing that comes in sections. He also recommended 32 foot wide streets for this area and also for other areas as this provides for two lanes of traffic and parking on one side. If you go beyond 32 feet, then we should go a minimum of 40 or 42 or 44 feet. Bob McGarry: I feel there should be some Northerly exit to this new area other than Oakridge Road and Fairmeadows Road. I suggest putting in Interlachen Drive. Mr. Kimmel: The sub -division ordinance sets forth widths to be platted but no reference to the constructed Width of the street. councilman Lammers: Would there be a need for a lift station out here? Mr. Elliott: Yes, this will serve the whole area. Councilman Lammers: I was out there and looked into it. I think Mr. McGarry has a good point for the pushing of the completion of Interlacher Drive. Mr. Elliott: Interlachen where it connects with Olive has quite a drop and will present sone problems. Mr. McGarry: Does this plat have to be approved by you fellows? Mayor Powell: Yes. Mr. McGarry: And this hasn't been done as yet? Mayor Powell: No. Robert Steindorff: Interlachen to Olive is an impossible road to run. Our plan is to take all of the traffic out two roads Oakridge and Fairmeadows for the present time. Councilman Lammers: I think we have a real problem here. (At this point the Council and Mr. Steindorff and Mr. McGarry reviewed the plat regarding the egress and ingress to this area and the new proposed Fairmeadows No. 3). MEM • • (June 10, 1969 - continued) `tit • • Councilman Lamers: I think a problem exists. I would hope further consideration could be given without delaying it. Councilman Carlberg: I would say before we do this I would like to haves a chance to look at the area and see what the situation is and then make a decision and make a conclusion ourselves. Councilman Lammers: This makes good sense and see what it looks like. Mayor Powell: I am wondering if the same kind of preliminary drawing of the property to the South with some indication of these roads be presenteod to the Council indicating that this extension of a road could be put in so e that it could ownhe traffic akri ge Road. wets haveout onfile dhere so tthat hat all tYoucould develop• wouldn't g this until this was done. Mr. Steindorff: We have gone through this procedure and we are out of lots. This was started last October. This is not another area in the City ccE l e ro sewers, and sewers! Stillwater runthat road out there, that is one ofnted a plat showing lthe has andtoreason we acquired this extra land. Mayor Powell: In the event that it was poor planning in the beginning so that the situation doesn't get worse, it would be my recommendation if there is another way to solve this problem that it be indicated and on file with the City. Mr. Steindorff: Right now we have two outlets shown here when the streets are put in. Mr. McGarry: I just think this is a serious situation on this particualar street.t us do kI like the lotsshouldbe serviceddand by oneedead endlstreeprote- for safety t think that many s measures and a lot of people oiving in there. If it is done, let us do it .right. Mayor Powell: The Council should give some direction - Bob McGarry's Point is well taken. Mr. Steindorff: We can run tnterlachen through Crestwoodcbefd eritthfore it itts that big drop, but then our utilities will be a problem. am street. Mayor Powell: could you run Interlachen between the two dead-end streets? Mr. Steindorff: Yes, but we couldn't get the utilities in and it wilf_l be a problem. Mayor Powell: This would relieve the situation for an emergency. Mr. Steindorff: If the City is willing to plow a street that goes noo where - for the time being there won't be that many homes out there. Mayor Powell: John, when is your next meeting of the Planning Conunisesion? John Condon: Normally the 23rd. We could have a meeting next Monday-. Councilman Carlberg: I would like to have the council go individualIly or as a group and take a look at it and make a decision next week. Mayor Powell: F.tnkly, you are not gaining anything by going out th•.ere except a field. Councilman Carlberg: You can see the streets that are there now. Mayor Powell: To that you would have an advantage but nothing else.. I would hope that perhaps the Planning Commission might impliment the situaetion by meeting Monday and in the meantime suggest that the Council go out theere. Contact Mr. Brower and go out together some afternoon when it is convenieent for all of us. • (June 10, 1969 - continued) • (It was agreed to meet at 4:00 P. M. Thursday, June 12 and go to this area and Look at the situation). The Planning Commission will meet on Monday, June 16, 1969 for a special - meeting. NEW BUSINESS CASE NO. 52 - HEINLEIN, INC. - APPROVAL OF A PRELIMINARY PLAT -- Donald Nolde: This is a piece of property on Oak and Seeley. We boughtf this property and within the last two months we found that there is a problem on Olive Street. Sometime ago the City decided to make Olive wider and the City took some of the property. We purchased more property/ including the Charlsen property and some from Mr. Hill so that we could deed back to these people the property that they owned. ZoWe e.nhavemmissiozvechangeod this plot and Mr. Heinlein was before the Planning and last evening and the engineering was done sometime ago and if it is approved by the Council we would be able to hire people t, put in the sewer, water and other utilities. Mayor Powell: Mr. Ranum, your people are satisfied and they will receiive their property - there are no objections. Al Ranum: We have struck an agreement and we have the surveyors working on the lines this should edone tomorrow r au and we can deed outtheproperty tothepeopleonolive Street. Mayor Powell: It would be agreeable to you then if this plat is to be approved, to approve it with the continguency to the fact that your people will be happy when the survey comes in. Mr. Ranum: The property owners have evidence and are not unhappy with the plat as long as we are able to work out the land. City Attorney: It is properly platted. Mayor Powell: You have until next week then to make a decision on thins plat. CASE NO. 51 - ROBERT VACANTI - VARIANCE TO BUILD A GARAGE. (Approved by the Planning and Zoning Commission on June 9, 1969 with a four foot setback from the South property line). On motion of Councilman Wohlers, seconded by Councilman Melstrom that we follow the recommendation of the Planning and Zoning Commission oneto allow this variance with the four foot setback on the South property Upon advice from the City Attorney that we must hold a hearing on this' variance as stated in the Charter, Councilman Wohlers withdrew his motion and Councilman Melstrom withdrew his second and the following motion was made: On motion of Councilman Wohlers, seconded by Councilman Carlbergl that we set the date of July 8, 1969 at 7:30 P. M. for a hearing; on Case No. 51 for Robert Vacanti. (Councilman Lammers opposed) On motion of Councilman Melstrom, seconded by Councilman Lammers, the Buillding Inspector's Report for the month of May, 1969 was approved and orderesd filed. On motion of Councilman Lammers seconded 31by1C9ouunciillmann Wohlers ed herC1erkdered f3teaSUrer's Report for the five months ending May On motion of Councilman Cariberg, seconded by wohlers was theedaYona appointment of Mrs. William D. Klapp • (June 10, 1969 - continued) 311 e • The City Administrator asked that the members of the Sinking Fund Commissiion meet in the near future in regard to the investment of dedicated funds. APPROVAL OF MINUTES On motion of Councilman Melstrom, seconded by Councilman Carlberg minutes of the following meetings were approved: April 7, 1969 April 8, 1969 April 15, 1969 April 22, 1969 April 23, 1969 April 24. 1969 April 28, 1969 April 30, 1969 May 5, 1969 May 6, 1969 Special Meeting Regular Meeting Regular Meeting Special Meeting Special Meeting Special Meeting Special Meeting Special Meeting Special Meeting Regular Meeting 4:00 P. M. 7:30 P. M. 4:30 P. M. 3:00 P. M. 4:30 P.M. 5:00 P. M. 4:30 P. M. 6:45 P. M. 4:30 P. M. 4:30 P. M. ORDINANCES On motion of Councilman Carlberg, seconded by Councilman Wohlers the Clertt made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383 "ZONING ORDINANCE OF THE CITY OF STILLWATER' " (Rezoning on Soutit Greeley Street - Case No. 50). The ordinance was read section by section followed by roll call aftea each section and all members of the Council voted in the affirmative. The chalir then put the question, "Shall this ordinance pass?" and on roll call the ordinance was unanimously adopted. UNFINISHED BUSINESS (out of order) The.. condition of the property on South Broadway which is the property of Valley High, Inc. was brought to the attention of the Council. and Mr. John Lawson. Building Inspector was directed to send a note to the parties and ask therm to clean up the grounds and keep the grass cut until such a time as they stoat to build on this property. Mayor Powell brought up the matter of fire calls and runs to Oak Park Heights and he felt there should be some type of fee arrangements in keeping with our policy and the other areas which are presently paying for this service. He suggested that the Fire Chief supply the Council with a list of the fire runs that Lave been made to Oak Park Heights for the current year and then a determinatioom could be made regarding the fees. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the Payment of the Bills. 2. Directing the Payment of the Bills - connected with the flood. 3. Authorizing "No Parking" Signs on South Fifth Street. 4. Salary Adjustment for Sandy Handevidt. (Amendment to Ordinance 042331 5. Advertise for bids for the Retaining wall at the Dan Lyons residence.. • (June 10, 1969 - continued) • • ADJOURNMENT On motion of Councilman Melstrom, seconded by Councilman Carlberg the meeting adjourned at 10:28 B. M. Attest: City Clerk Maayoryor. • • 313 • COUNCIL CHAMBERS Stillwater, Minnesota June 17, 1969 7:30 M. M. REGULAR MEETING The meeting was called to order by President Powell. The opening prayer was given by the City Administrator, Mr. Brower. Present: Councilmen Lammers, Melstrom, Wohlers and President Powell. (Mr. Melstrom arrived at 7:40 P. M.) Absent: Councilman Carlberg Also Present: City Administrator, Brower; City Attorney, Kimmel; Building Inspector, Lawson; Police Chief, Abrahamson; Fire Chief, Cot:mier; Superintendent of Public Works, Shelton; Parks & Recreation. Director, Blekum. Citizens: George Kutz, Al Ranum, Joyce LaBore, Mrs. Merle Doe, Bob McCarty, Dick Jeans, Warren Bowe, Mr. & Mrs. James Schmidt, Scout Tramp 249; Donald Nolde, Ed Davidson. Press: Jim Walsh, St. Paul Dispatch Walter Bunge, Stillwater Gazette Michael McGrath, WAVN DELEGATIONS OR INDIVIDUALS (out of order) Members of the Lily Lake Boy Scout Troop 249 appeared before the Council and requested permission to operate two concession stands during Lumberjack Dayys dispensing frozen soft drinks. Proceeds are to go for the purchasing of scouting equipment. (This machine dispenses a frozen drink and does not require a soft drink license). On motion of Councilman Lammers, seconded by Councilman Wohlers the Lily Lake Boy Scout Troop 249 was granted permission to operate two concession stands during Lumberjack Days dispensing frozen soft drinks. UNFINISHED BUSINESS (out of order) This was the day and time set for a hearing on the proposed vacation of a portion of Rice Street between Center and Sherburne Streets. The Clerk read the notice for hearing aloud; the Mayor inquired if the noutice for hearing was published and the clerk informed the Council that the notices for hearing was published on May 15, May 22, May 29 and June 5, 1969 in the Stinllwater Evening Gazette, the official newspaper of the City. The Mayor informed interested persons present that no final action could be taken this evening in regard to this matter because some of the Council members were absent and stated that the hearing would be continued to July 6, 1969 at 7:30 P. M. UNFINISHED BUSINESS (out of order) This was the day and time set for a hearing on the proposed vacation of a portion of Oak Street between Pine Tree t',:ail and Grove Streets. 314 (June 17. 1969 - continued) • • The clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and the Clerk inrormed the Council that the notice for hearing was published on May 15, May 22, May 29 and June 56, 1969 in the Stillwater Evening Gazette, the official newspaper of the Cit.?. The Mayor informed interested persons present that no final action could be taken this evening in regard to this matter because some of the Council members were absent and stated that the hearing would be continued to July 8, 1969 at 7:30 P. M. DELEGATIONS OR INDIVIDUALS (out or order) John Condon, Planning and Zoning Commission In regard to Interlachen Drive and Fairmeadows Addition No. 3 that when iit becomes necessary that this road be developed and possibly take it to thee West to County Road No. 37, the Council should order Interlachen completeed when it becomes necessary. Our action was to recommend that the plat bee approved. Mayor Powell: Some of the Council was out there and looked at the land oover and we were wondering if the Planning Commission had any plans or connectt ing Interlachen with the present streets? Mr. Condon: First the problem does not exist. When the problem does exsiet then maybe it will be clear what will happen to Interlachen Drive. It is; not clear whether the property to the West can be assessed. If they were to improve it now, they would have to tear it up later. When the problem; comes up, there is one answer that is obvious, a platted street that can be put in. There maybe other answers available in that plat. Mr. Larson: This is platted through. This is known as the old Wildwood Road. Councilman Lammers: Duane, have you had a chance to study this since the last time. Duane Elliott: It woulo be somewhat difficult now not knowing actually Where and when the immediate North and the area adjacent to the City Park will be developed. This remains as an unknown at this point. How three or four Lots would be served and if that area is e.eveloped the watermain would Come down Interlachen Drive. Basically, I am agreeing with the Planning Commissions Chairman as he has reported. Councilman Lammers: I think it is a problem. It deems it is taking a c?Mane accepting a plat with only one access. It seems a relatively simple protease to make an access to the West. You are causing a lot of problems to thee people living in the area. It will be an unnecessary problem to the peeople already living there. Mr. Condon: There are two platted streets there. Councilman Lammers: Yes. there are, but it is not a convenient one. It seems to be a problem. Mayor Powell: What Mr. Condon said does cover the situation. He didn't: say how long before it would be clear that there would be a problem. It is possible that this could be within six months. If the Council did see fit that iit had to be improved, they would do this. Councilman Lammers: There seems that they are to begin construction now ant I can't see why not put the road in now. Mr. Condon: It all depends on sales but the builders did indicate what constitutes a problem. I am sure there will not be as many cars on oakridge Drive ass there are on any other street in Stillwater like Third, Fourth, etc. Councilman Lammers: There could be less traffic. We have backed off on sauna or this and I think the people in the area have to be considered. • • • (June 17, 1969 - continued) 315 Mr. Kimmel: I assume that Interlachen Drive could be put in and they would be assessing both sides. One side is the Charlsen property and the assessment represents a difficult problem so that we keep it in mind, as far as imnprove- ments are concerned. Mayor Powell: This is the recommendation of the Planning Commission anal we shouldn't put Mr. Condon on the spot when he is up here explaining it t:o us. These questions are important and we will continue with the other items:. Mr. Condon: The matter of the locomotive we felt that we needed more information. The people wanted more concrete information and that a letter be sent beck asking for more definite plans as to what kind of proposal they want. We would' want to keep it in Stillwater. Mayor Powell: If this was turned over to the Tourism Committee and let: them get all the information since it has interest to downtown. When we get -the information, we can turn it over to them. Mr. Condon: We discussed what our role as a Planning Commission was in: our City. We would like to hold the public hearings. We feel that this woeuld be an assist to the Council. After the hearing it would come before the Ceouncil. Mr. Kimmel: To me the Planning Commission as far as zoning and variancees could do this and have the final say and if the people were unhappy they can so to the Court. Mr. Condon: We will do what the Council would like. I believe if sometthing comes to the Building Inspector that he feels needs a variance that according to the law it comes to the City Council who refers it to the Planning Commission. It would be much simplier if there is a variance that it automically goose to the Planning Commission. This eliminates one step. We would be able to hold the public hearing and you would then be the Board of Appeal. We turned over to the Architectural Control Committee the matter off the tin roof behind the VFW Club and covenances concerning fences. We talked about fences. We do not have any ordinances on fences. Wthether or not we want them we do not know bur Don Carlson is going to look intoo it. We are changing the dates of our meetings and have the regular meeting on the Third Monday of the month. If there is a special meeting, it will bee the first Monday of the month. (At this time the Council continued their discussion on the plat of Fairmeadows No. 3 and viewed the soft shell copies of the Hard Sheel). which were available at this time.) Mr. Kimmel: The question of setting a date for a hearing on the final poLat is what they are interested in. If the Council has any obvious objectioons before they do into the final plat, they have a final plat in the planni.ag and we should set a date for a hearing. Councilman Lammers: Mr. Kimmel has given us a recommendation that we pu:t Interlachen in a condition to make it passable and it could be used by t!:Re affected property. This might be a reasonable way to do it. At least a:,: far as Crestwood Terrace. Mayor Powell: Perhaps set the date for the 8th of July for the hearing vvould be the soonest. Councilman Lammers: 1 move that we set the date of July 8, 1969 at 7:30 P. M. for the hearing on the plat for Fairmeadows No. 3. Councilman Wohlers seconded the motion. (all in favor). DISCUSSION ON LOCOMOTIVE NO. 328 -- Mayor powell: If the Council agrees, I would like to recommena that tniss be given to the Tourism Committee of the Chamber and they in turn give the fdnformation to the Planning Commission. This is in tnat category. • • • 316 (June 17, 1969 - continued; I) • On motion of Councilman Melstrom, seconded by Councilman Wohlers that this be referred to the Tourism Committee and they come back with their recommendation. APPLICATIONS None COMMUNICATIONS From the State of Minnesota Department of Health in regard to the flourieHation of municipal water supplies. (Copies of this letter were mailed to the CCoumcil members and also to the Board of Water Commissioners. Dr. Barr was informed that this matter was referred to the Board of Water Commissioners). (no action.) From Mrs. Edwin J. Larson to Mr. Hagen, the City's Street Foreman. (Read' - no action). From Mr. G. W. Newcomb, Manufacturing Manager of Maple Island, Inc. replyving to the City Administrator's letter of May 22, 1969. (Copy of this letter smiled to Mayor and Council Members on June 13, 1969). Jack Shelton: We can check with the Water Board if we can put a metees on it. There are other ways of metering it. Mayor Powell: I think it should be for a period of six months. Jack Shelton: In six months you will get a true figure and it is up to your discretion to get this as you wish. Mayor Powell: The Council feels that they are trying to be as fair ass possible providing this is on a long enough period of time. Mr. Elliott, do you think six months would be a long enough time? Duane Elliott: Six months would be very adequate. Mayor Powell: There would have to be some method of time in using the, well. How could you prevent them from using the well during this time? Mr. Elliott: Maybe you could take the valve out. Not knowing the particular setup there is a number of ways of doing this. There ought to be a physical break in the direct line. Councilman Lammers: I would move that the City Administrator inform Maple Island that we are agreeable to their using City water and City• meter for a period of six months and Mr. Jack Shelton be instructed t,:s• make sure that they are using City water, even if it means some kind of mechanical break in the line for the well. Councilman Melstrom seconded the motion. (All in favor). From the Village of Oak Park Heights in regard to the City's share of costes for Street Improvement Costs, boundary streets of Orleans and Hazel. (Copyy of this letter mailed to the Mayor and Council on June 13, 1969). Councilman Lammers: Was the City informed as to the price of this improvement? Mr. Kimmel: Les and I had talked about this but had no knowledge of t=his. Mayor Powell: This was done when we were discussing water supply to the County Office Building. • • (June 17, 1969 - continued) 317 • Don Nolde: We agreed that we would pay half of the cost of engineerirng. We hired the engineering firm to do the engineering and they disagreeed with the bill that we sent them for their share. At no time did we agree to pay for a street. Mayor Powell: It would be my recommendation that the Administrator ocheck the minutes and find out what action was really taken. Councilman Lammers: Maybe we could ask Oak Park Heights for their recommendation and also if they have any agreement on it. There were/ several requests of the Stillwater Engineer to work with Oak Park He::fights and evidently the necessary costs were not coming and they went aheatd and put in the street. Mayor Powell: We are talking about the East section of Orleans Streeet. Councilman Wohlers: There was a matter of sewer for Kermit Sommers :a_nd the Zolldans. City Administrator: I will be glad to check this out and give you ad full report. (More Communications later in the meeting) DELEGATIONS OR INDIVIDUALS Mr. Louis Salmore along with officials of the CFM. Inc. appeared before tl:ke Council seeking information as to what is required to operate a Machine Sl:iop at the corner of Mulberry and Second Streets presently known as Gene's Body Shop. Mt. Salmore informed the Council that the CFM did employ two men and: are now employing 23 men and have outgrown their present building on Commercial Avenue and would like to move to a building on Mulberry and Second. It is zoned "Light Industrial". They will be expanding some more and they: would like to have this area rezoned "Heavy industrial". They would_ like to move in by August first. Mr. Kimmel: Initially this should be referred to the Planning Commi:_ssion with a recommendation as to what the Council sees fit. Mayor Powell: where is the "Heavy Industrial" limit? If we rezones what is necessary? I would recommend that this be turned over to the Planning and Zoning Commission. They can either approve or deny it.. Turn it over with the idea that we recommend that this be done and perhaps a "Special Use Permit" could be granted so that there wouldn't be a delay. I would suggest that a hearing be set for the 8th of July if the Com:boil agrees and if there are any objections we would still know by then. Councilman Wohlers: Sir, is this okay with you? Mr. Kimmel: Have you made an application through Mr. Lawson? Mr. Kalis: No. Mr. Kimmel: This should be made tomorrow. Make an application for a "Special Use Permit" or "Rezoning". Councilman Lammers: I would prefer to see the "Special Use Permit"-. I would move that John receive an application that we set a public hemming for the 8th of July and the application be referred to the Planning and Zoning Commission. I would specify that the application be for a "Special Use Permit" rather than the rezoning. This will keep better controls and be a quicker way for the applicant. Councilman Wohlers seconded the motion. (all in favor). (The Mayor declared a recess from 8:45 to 9:00 P. M.) • • • 318 • (June 17, 1969 - continued) • • • Donald Nolde Heinlein, Inc. Last week we were here in regard to the property out on Oak and Seeley. The citizens on Olive Street are all satisfied and Mr. Ranum did indicate to Mr. Brower that they were all satisfied. I would like to have this approved so that we can put in the sewer, water and curbing. Councilman Lammers: What specifically is the request? Mr. Nolde: We had this platted before and we had to have it replotted to re -deed some property to the people on Olive Street. We just changed the plat*. Mr. Kimmel: File a survey with the County. Councilman Lammers: Any problems with the Register of Deeds in filing this procedure. Mr. Nolde: No, in fact they helped with the legal descriptions. Councilman Melstrom: I move that the plat be accepted. Councilman Wohlers seconded the motion. (all in favor). Mr. Warren Bowe, Manager of the Chamber of Commerce and members of the Stillwater Parking Committee appeared before the Council. The City Administrator reported that a meeting was held in the Municipal Building on Friday, June 13th. The following persons were present: Mr. Ozzie Springsted, The City Bond Consultant Mr. Warren Bowe, Manager of the Chamber of Commerce Mr. Dick Jeans, a member of the Parking Committee Mr. William Klapp Mr. Dick Kircher Mr. Harold Krog The City Administrator Mr. Jeans reported that the total estimated cost to construct and impro•.re the proposed parking lots would cost about $120,000.00, and that $60,00'0=. O0 of bonds have been sold to the local businessmen and requested that $60,000.00 worth of bonds be sold by the City of Stillwater. These area all Revenue Bonds. The presidents of the three local banks indicated that they would be willing to purchase $60,000.00 worth of bonds from the City at an inter -lest rate of 7%. Mr. Springsted was pleased with the overall proposed program and that Ire would have the necessary resolution prepared for Council action tonightf. Dick Jeans Parking Committee: We are here with the possibility of proceeding withto the parking program that has been under consideration. We have completied the sale of $120,000.00 worth of revenue bonds and would like yc.:r con— sideration to purchase the property that we propose to buy. Mayor Powell: The asking price is $65,000.00 for the Mercantile and $17,000.00 for the Stillwater Hardware warehouse. Have you discussed with the Mercantile about relocating? Mr. Jeans: The type of building he needs would cost $200,000.00 to construct. He had talked to the Stillwater Development Corporation about building them a building. we are still discussing this. We will go back to Maple Island about leasing their building. y,: • • (June 17, 1969 - continued) 319 • • Mayor Powell: Do you feel that there should be a rider connected to this so that if we buy that they relocate in town? Mr. Jeans: I don't think we can do that. I do think if he would reloocate it would be an industrial site where there is a track. We have workeod all winter on a lease. They say they can't plan to relocate until they ar.r,e sure they have a buyer for their building. Mayor Powell: Is it your recommendation that we buy at their price? Mr. Jeans: we thought they were fair. We feel these are just and it: is a sound proposal. Councilman Lammers: I would hate to see a motley wrench put into thisa. I think this is a lot of money for that. I would hope there would be same kind of counter offer. Mayor Powell: We could begin condemnation procedures. Councilman Lammers: I am sure that the building would warrant condemnation. Mr. Jeans: We would like to have this parking lot in this fall. We could blacktop until the middle of October. If he will sell at a ninety daey vacation, and you wait too long you would have three months gone. We would like very much to negotiate the lease with the railroad also. Mr. Kimmel: The price on this lease expires on July one. Mr. Jeans: We would like the whole thing like a package and before Juvly 1st we should negotiate that lease. We feel that it is a good lease.. We are concerned that it be signed by July 1st. This should be a total package. Mayor Powell: What we are going to have to do now is look into this appraisal and determine whether the asking price is within reason or whether we should come close to the appraised price because of the appraisal. Does anybody else feel the same way? Councilman Lammers: I don't know what we can do about it. We are ovwer a barrel. It is too much money. Councilman Wohlers: Time is an essence. Mr. Jeans: The Council agrees that the revenue will pay off the bonds. Mayor Powell: They can accept the asking price of they Can submit a proposal to each one what they feel because of the appraisal. We must( do one or the other tonite, in order to keep the hall rolling. Councilman Lammers: If the Council offered an alternate price of $600,000.00 for the Mercantile Building and $15,000.00 for the other building, woouLd they accept? Mr. Jeans: I am not in a position to say. Councilman Lammers: I would move that we offer the Mercantile $60,Oa000.00 and the Stillwater Hardware $15,000.00 for their buildings. Councilman Melstrom seconded the motion. (all in favor). Mr. Jeans: If we could meet again within a week on this. (It was agreed to meet on Friday, June 20, 1969 at 2:00 P. M.) (The City Administrator was directed to write a letter to each of these parties making the above offers for their property) On motion of Councilman Lammers, seconded by Councilman Melstrom a resolution was introduced to execute the lease with the Northern Pac:l Eic for the new proposed parking lot. (see resolutions). • 320 (June 17, 1969 - continued) • • The City Clerk presented to the Council a proposed form of notice of sale, of $120,000.00 Parking Revenue Bonds of 1969 to be issued to finance park::ing facilities. The form of notice was considered and approved by the Council, and the Clerk was directed to file a copy of the notice in his office. Councilman Lammers then introduced Resolution No. 4248, entitled "Resolut:ion Authorizing Issuance and Providing For Public Sale of $120,000.00 Parking Revenue Bonds of 1969". Councilman Melstrom seconded the motion and upon, vote being taken thereon the following Councilmen voted AYE: President Powell Councilman Lammers Councilman Melstrom Councilman Wohlers and the following voted NO: None whereupon said resolution was declared duly passed and adopted and was siogmed by the Mayor, attested by the City Clerk, directed to be published. PETITIONS A petition from residents in Fairmeadows for a street light and street siogm at the intersection of Hanson Place and Fairmeadows Road. On moron of Councilman Melstrom, seconded by Councilman Wohlers that this petition be referred to the City Administrator and the Superintendent of Public Works to make a determination of the need in this location and report back to the Council. A petition for a traffic control sign at the intersection of West St. Croiux Avenue and North William Street. On motion of Councilman Melstrom, seconded by Councilman Wohlers that we follow the recommendations of the Police Chief and install a "CAUTION" sign at this location and that the Park Department be instructed to make up this sign. A petition from Lucille Holm of the Courtyard Antiques and Annie Adams of the Victorian Shop requesting that something be done to prohibit all day parking near their stores because they feel it is an inconvenience to theiir customers. The Chief of Police agreed this is a problem and that a customer parking sign or zone should be installed or at least a time limit set for 30 minute parking. A discussion was held on the matter and the question raised about putting in parking meters along this side of Myrtle Street and it was mentioned that there were meters at one time in this location and they had been removed. On motion of Councilman Wohlers, seconded by Councilman Melstrom that five meters be installed between Second and Third Streets on the South Side of Myrtle Street. DELEGATIONS OR INDIVIDUALS (out of order) AGREEMENT WITH T & L, INC. FAIRMEADCWS NO. 3 -- Mr. Gordon Larson: T & L put in the water and sewer and the blacktop was put in by the City. Mayor Powell: The area not black topped would be the property owner's responsibility. Mr.Larson: Yes. (Mr. Kimmel explained the contents of the agreement to the Mayor and Council members.) • • (June 17, 1969 - continued) 3 21 v� • ew Mr. Fierke: Mr. Elliott, how much money would it cost to fix up Interla¢ahen Drive? Mr. Elliott: To grade and put in a minimum amount of gravel would be aboout $3,000.00. Mr. Fierke: We are spending about $3,600.00 per lot for the utilities aind streets. about $10,000.00 or $15,000.00 in the park and about $5,000.00 *or $10,000.00 to beautify the ponds in the area. Councilman Lammers: what about the area to the West - what about the improvements made there? Mayor Powell: We are talking about Oakridge Road and some of the smaller. streets. Mr. Kimmel: There are four or five blocks without surfacing. Crestwood '?errace was petitioned at 100% to be paid for by the residents, or property owne:ers. Councilman Lammers: There would be no cost to the City? Mr. Pierke: We would like to have the City decide how much to charge to the people and how much to us. Councilman Lammers: Is it possible to take further time on this agreeme::at? I think it is too controversial. Mr. Fierke: We want to know if there are any questions in your minds and': to answer any questions. Councilman Wohlers: Can we legally do this? Mr. Kimmel: Yes, we do it every day on any street that we improve in the City of Stillwater. We are basically the same principle. In the average assnessment there are a number of property o..ners and here we have one property owne:c on a shorter time. Mr. Fierke: Actually this is not a subsidy. We are going to pay the co:,sts plus the interest. Councilman Wohlers: We didn't do this for Moelters. Mr. Fierke: We are encouraging the development of the City. We think it: is a beautiful plan. Councilman Wohlers: We are playing with the taxpayers money. Mr. Fierke: We are encouraging this type of development which is a safe loan. Mayor Powell: We should perhaps consult with our bonding consultant on this. If we are going to proceed, we will have to give some consideration to this. Whatever the rate is, it will be paid by the developers. When the agreessent is signed, we are going to have to advertise for bide. We should perhapse know if we can get the money before we do advertise for bids and you don't get the money. Mr. Fierke: There will be delays. We would like to get that final plat aepproved on July 8th and at least put in the nine lots and we hope you will proceed as soon as possible with the other lots. Mayor Powell: There will be no cost to us providing all assessments are made. The reason we are deviating is because of the sub -division ordinance. rt was a big hardship in the Moelter case. I don't see how we could lose because of the values involved. Mr. Larson: This is not the first experience that the City of Stillwater has had with the T & L Corporation. At this time there are no available lofts in this area. There are some nice homes in there and all tax payers in the City of Stillwater. • • (June 17, 1969 - continued) Mr. Fierke: We are looking forward to working very closely with your Planning Commission and your continuing to give them more authority. We are going to attempt to do something real nice over in this area. (He pointed out the area on the map). This will be some type of low density axrea. Mr. Steindorff: Such time as the property is brought into the City on the' North, we will proceed immediately. If the people on the North would pay their fair share, it will be put in. Mayor Powell: Do you think that we could write to the Municipal Commission on this? Mr. Kimmel: Lyle Eckberg ordered the transcript on this and everybody is eon the verge of forgetting it. Councilman Lammers: Stillwater Township feels this is a problem area. Theey want to sit down and talk about the problems. Mr. Kimmel: From what I hear there are some changes in the laws but to daft* I don't have a copy. Mayor Powell then polled the Council about this Agreement with T 6 L, Inc. and Councilman Wohlers indicated he was opposed to the five year assessment. Councilman Lammers and Melstrom were in favor of proceeding with this along with the Mayor). A discussion follwed regarding whether they be heard by the Planning Commission or the Council. CITY ADMINISTRATOR'S REPORT 1. On motion of Councilman Wohlers, seconded by Councilman Melstrom tit t the Mayor's appointment of Jack Shelton as Deputy Weed Inspector was accepted. On motion of Councilman Melstrom, seconded by Councilman Lammers the following suggested persons for the enforcement of Section 2 of Ordinance No. 430 "AN ORDINANCE OF THE CITY OF STILIAATER DEFINING PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT AND PENALTIES" as submitteeS by the City Administrator were approved: Sub -Section 1 City Physician Sub -Section 2) 3) Chief of Police who is a 4) member of the Board of Health 5) 6) Sub -Section 7) 11) Superintendent of Public Workss Sub -Section 8 Weed Inspector Sub -Section 9 Superintendent of Public Works* Sub -Section 10 Chief of Police Sub -Section 12 Board of Health 2. Patrolman James Eder has completed his six months probation period as required and the Chief of Police recommends that his salary be increas.:ed from $530.00 to $560.00 per month effective June 1, 1969. (see resolu-stions). • • • (June 17, 1969 - continued) 323 3. An opinion was requested from the City Attorney on the following question: "In the event that a census would indicate that the City of Stillwvater would automatically become a Third Class City, does the Council haawe the authority to issue "On Sale" liquor licenses anywhere within tthe City limits?" The City Attorney's reply to this question was as follows: "The Council can change the ordinance in question if it wishees, and probably should consider amending the ordinance in certsain other matters also." 4. Mr. George Regis, the City's Band Director, has requested that there Council purchase one new instrument for the City Band, known as an Obo. TI'he regular retail price for this instrument is about $700.00 and Mr. Regis explained that he can purchase this instrument at a wholesale pri.2e of $539.40. On motion of Councilman Melstrom, seconded by Councilman Wohlers,. Mr. Regis was authorized to purchase an Obo for the City Band. (See another item later in the meeting). UNFINISHED BUSINESS A summons and complaint was served on the City Administrator in the matter of Kenneth Vance & Blanche Vance; Glen L. Karloske & Frances B. Karlooske; Vernon G. Christensen and Maxine Christensen, plaintiffs vs. the City of Stillwater, a Municipal Corporation. defendant. (Copies of these summons and complaints were mailed to the City Attorney and the McGarry -Kearney Insurance Agency on June 13th. Also copies mailed to the Mayor and Council members). No action_ AWARDING THE BID FOR THE TRUCK FOR THE STREET DEPARTMENT -- The bid sumitted by Brookman Motor Sales was checked as to legality bvy the City Attorney and he reported that the bid was in proper form and reao.dy for Council action. The specifications were checked by the Superintendent.t of Public Works, the City Mechanic and the Street Foreman and they reported the truck bid met the City's specifications and ready for Council action. (see resolutions) The engineering proposals as submitted by the Banister Engineering Coompany on June 10, 1969 were carried over to this meeting for final action. 1. Proposal for engineering service on several street projects° which would be incorporated into a single plan and specification on which bids would be received. (see resolutions). 2. An engineering proposal on a continuing basis as consultingg engineers. (see resolutions). The following papers in connection with the traffic signals at Chestnut and Main Streets were delivered to the City Administrator's Office on Jnrme 16th by Mr. Glen Van Wormer: Sheet #1 Title Sheet #2 Details Sheet #3 and #4 Intersection Layouts Sheet #5 Wiring Diagram #6 Agreement No. 56145 324 (June 17, 1969 - continued) • • (Copies of letters accompaning the foregoing papers mailed to the Council members on June 16, 1969). On motion of Councilman Lammers, seconded by Councilman Wohlers that these proposals be referred to the City Attorney and the Consulting Engineers and they come up with a recommendation and we hold a special meeting to act upon them. CITY ADMINISTRATOR'S REPORT (out of order) 5. Mr. Joel Blekum, Supervisor of parks and Recreation, informed the City Administrator on June 16, 1969 at 2:30 P. M. that Mr. Clarence Diethart, caretaker at Lily Lake Beach has quit his job due to illness. Also that Mr. Gust Bask, caretaker at Pioneer and Lowell Parks has emphysema and his doctor has advised him to quit working. However, he will continue until July 1, 1969. Mr. Blekum recommends that Mr. Larry Zieske, presently employed at Lowell Park on a part-time basis take over the Lily Lake job and requests permission to advertise for a new park caretaker. City Administrator: Also Mr. Marl Neumeier stopped at the office this afternoon and I believe was probably a little bit disappointed that there had been some arrangement made through the City Council or the Recreation Commission about contacting the Park. Board of putting all the parks under one director and he feels the Park Board was slighted. I assumred him that the Council and the Park Board would meet real soon. The ordinance passed in 1916 provides that the Park Board had juriddiction of all parks in the City. He feels that their rights as a Park Commission has a place in the City and they should have more power. Mr. Blekum: The Park Board was asked by both the secretary of the Recreation Board and also contacted by Mr. Ron Ehlinger. The idea did not found too good at first but they were interested and I contacted Mr. Anderson regarding the details of how it might be run. Mayor Powell: Maybe Mr. Neumeier might be notified by you, Mr. Brower and Mr. Blekum might explain this to him. City Administrator: I still feel gentlemen that you should meet with the Park Board. This would be a healthy situation. Councilman Wohlers: There is no question at all. I am sorry something like this happened. Mr. Blekum: The so-called Recreation Commission is a parks and play- ground commission. It has been our job to take care of the parks excluding Lowell Park. It was brought to the Recreation Commission. In regard to this problem of a caretaker it has to be done by the first of next month. Mayor Powell: Perhaps an afternoon next week we can ask the members of the Park Board to come here for a meeting and let them know that we have to hire a new man and come to an agreement on this. City Administrator: This old ordinance was passed back in 1916. (Mr. Brower read a portion of this ordinance at this time). On motion of Councilman Lammers, seconded by Councilman Melstrom, Mr. Blekum was authorized to advertise for bids for a caretaker for Lowell and Pioneer Parks and that Mr. Larry Zieske be the new caretaker for thee Lily Lake Beach. • (June 17, 1969 - continued) 325 ... NEW BUSINESS On motion of Councilman Melstrom, seconded by Councilman Lammers that a permit bond covering Rudy Chaves, dba C & P Excavating in the sum of $5,000.00 be approved and ordered filed. ORDINANCES None COMMUNICATIONS (out of order) From Mr. O. E. Benson to connect onto the City sewer system which passes; directly in front of his property. Mr. Benson's property is located in Stillwater Township andborders on Pine Tree Trail. On motion of Councilman Lammers, seconded by Councilman Melstrom that this matter be referred to the City Attorney and the Super- intendent of Public works for their study and recommendation. RESOLUTIONS The following resolutions were read and were on roll call unanimously adoopted: 1. Compensation increase for Patrolman James Eder 2. Authorize the Issuance of Revenue Bonds (Proposed Parking Lot) 3. Awarding Contract for the Street Department Truck. (Brookman Motor ESales). 4. Accepting proposal for engineering services of Banister Engineering Company on several projects. 5. Accepting proposal for engineering services of Banister Engineering Company on a continuing basis. 6. Authorizing the execution of lease with NP Railway for the new parking lot. 7. Employment of Larry Zieske - Lily Lake Beach and fixing compensatiorn. ADJOURNMENT On motion of Councilman Lammers, seconded by Councilman Wohlers the meetnmg adjourned at 10:55 P. M. Mayor Attest: COUNCIL CHAMBERS Stillwater, Minnesota SPECIAL MEETING June 20, 1969 2:00 P. M. The meeting was called to order by President Powell. Present: Councilmen Lammers, Melstrom, Wohlers and President Powell Absent: Councilman Carlberg Also present: City Administrator, Brower; City Attorney, Kimmel; Parking Committee --Dick Jeans; President of the Chamber of Commerce, Bob McGarry On motion of Councilman Lammers, seconded by Councilman Wohlers a resolution was introduced authorizing the Mayor and City Clerk to enter into the contracts with the Minnesota Mercantile Company for a price of $60,000.00 and the Stillwater Hardware Company for a price of $15,000.00 for the seise of their property for the proposed parking lot. (see resolutions) MISCELLANEOUS Mayor: We had a discussion the other evening as to what we could do with certain things to facilitate keeping the meeting running smoothly. When you have a routine investigation of a matter by a department head and the, City Attorney and rather than bring this to the Council, that the Administrator do that whenever it comes to him and he will refer it to the proper parti•.rs. I would also suggest that he read his own report instead of the new 'way because somebody in the audience might get the idea that we are keeping secrets. I think we should respect the chains of command we have - Les is the bossaes' boss. We shouldn't go to the various departments if we feel that we don't think: they are doing their jobs right. He is aware of it and he tells them. If ea:rO one of Us went to each department head and told them what we thought, they would be confused. We should go to Les and not go around him. When things go wrong, it is the Administrator that answers to us. DISCUSSION ON BILL FOR HAULING OF DIKE FILL -- Mr. Tom Moulton called at the City Administrator's office with a bill from David Dunker for the hauling of dike fill to his property and he inquireod if he should pay this bill or if he City had paid Mr. Dunker to do this work. After some discussion, on motion of Councilman Wohlers, seconded by Councilman Melstrom the City Attorney was directed to meet with Mr. Tom Moulton and David Junker and resolve this matter. FIREWORKS DISPLAY -- On motion of councilman Lammers, seconded by Councilman Melstrom thne St. Croix Valley Area Chamber of Commerce was granted permission too hold a fireworks display at the Old Legion Beach in connection witty the Lumberjack Days. (August 2, 196e) • • • (June 20, 1969 - continued) 327 ` • RESOLUTIONS The following resolution was read and on roll call was unanimously adopted: 1. Authorizing the Mayor and City Clerk to enter into the contracts for the purchase of the buildings for the proposed parking lot. ADJOURNMENT On motion of Councilman Wohlers, seconded by Councilman Melstrom the umeeting adjourned at 2:20 P. M. Attest: Mayor City Clerk COUNCIL C3AMBERS Stillwater, Minnesota July 1, 1969 4:30 P. M. SPECIAL MEETING The meeting was called to order by President Powell. present: Councilmen Melstrom, Wohlers and President Powell Absent: Councilmen Carlberg and Lammers Also Present: City Administrator, Brower; City Attorney, Kimmel; AssistantJt to the City Administrator, Loland; Minnesota Highway Department, Glen Van Wormer Mayor Powell Proposed the name of Bruce Abercrombie as a member of the Metro Sewer Board from Washington County. On motion of Councilman Melstrom, seconded by Councilman Wohlers a resolution was introduced recommending the appointment of Bruce Abercrombie to the Metropolitan Sewer Service Board. (see resolutions). TRAFPIC. SIGNALS Mr. Kimmel reported on the agreement between the State of Minnesota and the City of Stillwater regarding the traffic signals at Main and Chestnut. Per memos from the City Attorney and the Banister Engineering Company, they recommended that this be approved. On motion of Councilman Melstrom, seconded by Councilman Wohlers a resolution was introduced approving the agreement between the State of Minnesota and the City of Stillwater for the traffic signals at Main and Chestnut Streets. (see resolutions). On motion of Councilman Wohlers, seconded by Councilman Melstrom a resolution was introduced approving the plans and specifications and authorizing the Clerk to advertise for bids for the traffic signals at Main and Chestnut Street, said bids to be returnable at 4:30 P. M., July 15. 1969. (see resolutions). RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Recommending appointment of Bruce Abercrombie to the Metropolitan Sewer Service Board. 2. Agreement between the State of Minnesota and City of Stillwater - Traffic Signals - Main and Chestnut Streets. 3. Approving the plans and specifications and directing the Clerk to adves;rtise for bids - Traffic Signals - Main and Chestnut Streets. ADJOURNMENT: On motion of Councilman Melstrom, seconded by Councilman ohilers the meeting adjourned at 4:50 P. M. r,c Attest: City Clerk Mayor • 329 COUNCIL CHAMBERS Stillwater, Minnesota July 8, 1969 7:300 P. M. REGULAR MEETING The meeting was called to order by President Powell. The opening prayer was given by the Assistant to the City Administrator., Wayne Loland. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and Presidemit Powell Absent: None Also Present: City Administrator, Brower; Assistant to the City Adminlistrator, Loland; City Attorney, Kimmel; Superintendent of public Works, Shelton, Recreational Director, Blekum; Consulting Engibmeer, Duane Elliott Citizens: Mr. Fierke, Bob Steindorff, Mr. Dahlin from DVM, Inc., Ed8 Davidson, Noel Breault, Mr. Kalis from CFM, Inc., and about 10 otheet citizens. Press: Mr. Walter Bunge, Stillwater Gazette DELEGATIONS OR INDIVIDUALS (out of order) John Condon Planning Commission Two requests were considered and no action takemince we did not have a, quorum. The first was the one from CFM, Inc. and since the parties involved did in:ot appear and we did not have a quorum, we did not take action on this matter. The second was that the Planning Commission was not consulted regarding the acquiring of the Mercantile Building. We find. that Stillwater does not have a Comprehensive Planning Act. It was never acted upon by the Council. The City of Stillwater does not have a plan for the growth of the City. City Administator: We have a Comprehensive plan and the Zoning Ordinances • but not the adoption of the Comprehensive Plan. Mayor Powell: This was an oversight on the part of the Council. City Administrator: I don't know if this was an oversight or if the Council felt it was not the plan that they wanted. Councilman Wohlers: Why did they spend all this money and not adopt it? Mr. Condon: I do feel that the Planning Commission is being ignored. Val are vacating streets and in Fairmeadows you vacated a street and traded land for a park. Nobody pays any attention to us. Mayor Powell: I would like to make this one fact clear - no one sitting on the Council had anything to do with this Comprehensive Plan. I think the Counncil should, if it hasn't, review it and either adopt or amend it so that we )-cave a Comprehensive Plan. Mr. Condon: I made some suggestions at the last meeting as to how the PlEanning Commission should function. I don't think the City Council took any actmon on those. we need to change the law and if this is the case then the City Council, if they agree, should have the City Attorney work with us on changing that law. Nothing happened after the last meeting. • 330 (July B, 1969 - continued) e • Mayor Powell: According to the State law if we have a Comprehensive Plan, then: by State Law they should look at any property or improvements made. Now that we are aware of this, this situation can be rectified. We should have a meeting/ of the whole Council and the Planning Commission. I would not like to see it deteriorate to a point where all they do is to act or work on variances or special permits or the granting permission to move a garage three feet. Councilman_ Lammers: I think at least with the new Council, we are demanding more from them. I agree that a meeting as soon as we can have it, is a real good idea. There are definitely several problems. Mr. Condon: I would like the members of the Planning Commission - all of them to be there. I would not want to represent them as a commission. Mayor Powell: I would suggest the entire Commission and our attorney and the entire Council meet to go over this. Mr. Condon: We have a regular meeting on the third Monday. Mayor Powell: I think we could meet with you on the 21st at 7:30 in the Municipal Building. Councilman Lammers: Possibly as soon as possible we should have a copy of this Comprehensive Plan. Mayor Powell: At least we can leave a copy with the Planning Commission and lave them make recommendations. No where along the line no one had any objections to it. Mr. Condon: We will have this meeting on the 21st. UNFINISHED BUSINESS (out of order) The hearing to vacate a part of Rice Street was originally scheduled for June 17, 1969 at 7:30 P. M. The Mayor informed all persons present that the Council could take no official action because not all members of the Council were present and he stated that the hearing would be held on July 8, 1969 at 7:30 P. M. and hoped that all members of the Council would then be present in case it was decided to take official action on the petition. 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 on May 15, May 22, May 29 and June 5, 1969 in the Stillwater Evening Gazette, the official newspaper of the City, The Mayor then opened the hearing. Councilman Lammers: Would we be denying access to the others in the areal Jack Shelton: There are other ways out of the area. Mrs. Joyce LaBore: we have two lots 4 and 6 in Block 5 which front on Center and we have been paying taxes on them for 15 years. It is hoped that some day Center Street would be cut through there. We strongly oppose the closing of Rice Street. (At this point in the meeting the City Administrator prest.rted to the Mayor and Council a drawing and petition for the opening up of Center Street between Myrtle and Mulberry Streets). Jack Shelton: It is possible that if you vacate Rice, you will go in and you will have a dead-end if Center Street is opened up. There is just a 25 foot right-of-way and the builder will have to dedicate 25 feet to the City of Stillwater. There is a good amount of this area that is a park area. It is not impossible to put the street in. I think it would be a good idea to put this street in. (Center Street). Mayor Powell closed the hearing. • • (July 8, 1969 - continued) r�,] 1 7 • • Councilman Lammers: Do we act on this now? Mayor Powell: in order to be completely fair that the Council might go out there and take a look at it before we do take action on it because we could postpone our action until next week. Councilman Carlberg: I personally would prefer that. I am not familiar with the area. Mayor Powell: In this particular instance I feel that perhaps the vacation would not pass. I would suggest that you have a recommendation from Mr. Shelton and we will also look at it. The hearing to vacate a part of Oak Street was originally scheduled for June. L7, 1969 at 7:30 P. M. The Mayor informed all persons present that the Council. could take no official action because not all members of the Council were present and he stated that the hearing would be held on July 8, 1969 at 7:30 P. M. sand hoped that all members of the Council would then be present in case it was decided to take official action on the petition. The Clerk read the notice for hearing aloud; the Mayor inquired if the notioee for hearing was published and the Clerk informed the Council that the notice for hearing was published on May 15, May 22, May 29 and June 5, 1969 in the Stillwater Evening Gazette, the official newspaper of the City. The Mayor then opened the hearing. Councilman Lammers: Mr. Shelton, do you have any recommendation at this timeeC Mr. Shelton: I understand when you vacate a street there are three or four petitioners. One in this instance wants to build a garage and I think it wound be worthwhile to call Mr. Stevenson to see just how much he wants. Maybe it would be possible to vacate part of the street. We do have a storm sewer aped a water line down by his property. I think somebody should approach these two individuals and if they would be in agreement if it is possible to get Mr. Stevenson's request and maintain a good area to go in to do our work. When yyou vacate a street people right away plant a rose garden and you have to bring al bucket in their to clean out the drains you destroy this. I think we should contact Mr. Stevenson and see just what he needs and we can mark this on the plat, unless you wish to act tonite. Mayor Powell: Isn't it poor planning to ,acate one block of the street? Mr. Shelton: I think it would be possible to give him part of the street in this area to let him build a garage. He would be on City property if he buillt the garage. Mayor Powell: What happens if somebody wants a garage down in the next block_? You can give it to one because the street sisn't in but the man down the streeet might need a garage too. Jack Shelton: This could happen, not maybe in the next block but a few blockes down. We have to maintain this because of the storm sewer and water in theree. Mayor Powell: As long as we have to postpone the other one, it maybe well too act on both of them next week. Councilman Melstrom: I move that we postpone action until next week. Councilman Wohlers seconded the motion. (all in favor). This was the day and time set for a hearing on the proposed final Plat of Fairmeadows No. 3. The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and mailed to the property owners, and the Clerk • • (July S, 1969 - continued) • • informed the Council that the notice for hearing was published on June 27, 1969 in the Stillwater Evening Gazette, the official newspaper of the City, and mailed to the property owners on June 27, 1969. The Mayor then opened the hearing. The following letter was read from Bob McGarry: Re: Fairmeadows Addition "There has been considerable discussion relative to the above captioned at the last two council meetings. As stated previously, the only concern the residents of Oak Ridge Road have is that there be an additional means of ingresas and egress on the North of this development. "This would mean the development of Interlachen Drive. We realize that this would create problems at this time and it is not our intention to block any community development. "The only request we make is that when the Western edge of this addition is developed that you put in this Interlachen Drive and charge the affected property owners accordingly. "We sincerely thank you for your cooperation in this matter." Mayor Powell: Do we have all the plats presented that are required? City Attorney: We have no plats. I haven't seen any hard shell. Mr. Steindorff: The hard shell won't be available until tomorrow. City Attorney: You should have more prints of these. Mr. Steindorff: I thought we turned one in to the City at the last meeting. City Attorney: This is the plat but the additional prints are not here this evening. Mr. Steindorff: Would this suffice for this evening? City Attorney: The Council has to sign and approve it here. It will have to b+.e signed by the Mayor and Clerk. Mr. Fierke: If we are delinquent, we will take care of it. City Attorney: These copies have to be filed with the City and signed and be submitted to the County. It is not necessary that they be here this evening, as long as there is a plat here this evening. I can see no legal objection as long as you have a plat here for them to see this evening. Mr. Steindorff: The County Surveyor has it and it is in the process of being physically made. City Attorney: Is this plat ready for their final approval? Mr. Steindorff: There will be no changes, just some minor clerical errors. City Attorney: Any approval this evening would have to be subject to the fil:lags. This is not a particular problem. I had assumed that the hard shell should b..e here this evening. Mr. Steindorff: Do you have the Zoning ordinance here? It states that it doesn't have to be at the hearing. I think we have sixty days to submit it. Councilman Lammers: I don't think we can approve something we don't have. Mr. Fierke: I am impressed that we don't have the proper papers here this evrening. City Administrator: I will read what the Charter has to say on this, althoug:ih the City Attorney says the Ordinance might supersede the Charter: • • (July 8, 1969 - continued) 333 • • a r "All plats shall be presented to the Council for acceptance and approvaaL, together with an abstract and certificate of title." Mayor Powell: I have the ordinance here. "Section 7 - Sub -Division B - 4 Preparation and Filing: The final plat on tracing cloth and four (4) printss thereof shall be submitted to the City Council; otherwise, such plats shalld be prepared and filed as required by law, except that plats shall be recorded within 30 days after approval by the City Council, unless an extension of tiime for filing is granted by the Council upon good cause shown within said 30 dasy period. Failure to record any plat within the time aforesaid shall be grourmds for revocation of approval thereof. Plats shall take effect from and after the date of recording." Councilman Lammers: Does this plat have the changes made by the surveyor? Dees the ordinance require that the department heads review this? City Administrator: we have the report from the Building Inspector on the Preliminary Plat. City Attorney: These requirements are on the Preliminary Plat. Duane Elliott: When we reviewed it, we feel that all the lots had all the required areas. Mayor Powell: Harold, do you feel that we can continue with this? City Attorney: I had expected to see the hard shell at the final hearing, bout evidently it is not complete at this time. I think that you can approve thee plat as it will be submitted. I see no problem as long as we have a copy too look at tonite. Mr. Fierke: We are taking the position that this will correspond with the hardshell. Councilman Carlberg: Couldn't we conduct the hearing and next week you brings back the hardshell and we approve it then. Mr. Steindorff: This is a copy of the hardshell. Councilman Lammers: I am not going to okay anything until I see it. City Administrator: I don't think the Mayor and Clerk should sign a plat that is not a hardshell. Mr. Fierke: Can we hold the hearing and bring in the hardshell later? Mayor Powell: If we continued the hearing until next Tuesday, can you have it by then? Mr. Fierke: I would like to see this done. Mayor Powell: If there is no objection, we will continue this hearing until] the 15th of July. We should have the hardshell and four tracings. Mr. Fierke: We apologize for the technicalities in this matter. (The Mayor declared a recess from 8:30 to 8:40 P. M.) This was the day and time set for a hearing on the proposed Special Use Permit 'or Rezoning for the CFM, Inc. The Clerk read the notice for hearing aloud; the Mayor inquired if the notince for he zing was published and mailed to the property owners, and the Clerk informed the Council that the notice for hearing was published on June 27, M1969 in the Stillwater Evening Gazette, the official newspaper of the City, and 'nailed to the property owners on June 27, 1969. • • 334 (July 8, 1969 - continued) The Mayor then opened the hearing. (Due to the Planning Commission not having a quorum and the applicant did not appear at their meeting last evening no action was taken by the Planning Commission). Councilman Melstrom: I move this be referred back to the Planning Commission and the interested parties be given notice and they appear before the Planning Commission. Mr. Kalis: We weren't aware that we should appear before the Planning Commisasion. By the 15th we have to close in order to have occupancy by the 15th of August. Councilman Carlberg: Are there any other people that are interested in thisa rezoning? (There was no reponse to this question from the audience). Mayor Powell: I was talking to Anders Hansen from the Stillwater Manufacturing and he had a couple of questions. We are in somewhat of a bind because the Planning Commission felt there was a lack of interest on the part of the peoople and the Planning Commission. I would hesitate to make a decision without thee Planning Commission being notified. Myron, do you feel that we could call as special meeting? Councilman Melstrom: I think so. Mayor Powell: If we could meet before the 15th. Councilman Melstrom: Possibly before the end of this week. Mayor Powell: From the discussion the thought was that it would be done on a Special Use Permit because we would then be able to keep a control on it. I:E you went to "Heavy Industrial", then we could get most anything, but if you operate on a Special Use Permit then nothing bigger than you would come in. We would give you the permit to operate what you asked for. Mr. Kalis: We plan to enlarge and to put on two shifts. Mayor Powell: I would like to see a meeting set on that. Could you arranges for a meeting some day this week, Myron? Councilman Melstrom: I will contact Mr. Condon right now and ask for a meet:Eng. (Councilman Melstrom contacted Mr. Condon and arranged a special meeting of the Planning Commission and interested parties for Monday, July 14, 1969 at 7:30 P. M.) Mayor Powell: Yes, and if any of the Council could go, they are welcome. Dean Charlsen: I wish to say that I have been working with them through them Stillwater Development Corporation. This would be the answer at the presentt time for them to continue to operate in Stillwater, instead of moving out off Stillwater which they have considered. The Stillwater Development Corporatihon would like to have you do everything to alleviate the situation. Mayor Powell: We want to go through the pt per channels. Does the Council want to grant the Special Use Permit subject to the approval of the Planning Commission? Councilman Lammers: We did discuss it somewhat extensively at the last meetiing. I think as a Council maybe we have, with the exception of John, we have askeed questions. I would move that we grant the Special Use Permit to the CFM, Irnc. subject to any recommendations of the planning and Zoning Commission to be }meld nest Monday evening and the use to which this Special Use Permit should be limited. Mr. Kalis: In order to run a second shift, it should be "Heavy industrial" and punch presses. (July 8, 1969 - continued) • Dan Lyons: It should be brought up to them about the second shift. I wo-eld be a good city clobk away. Mayor Powell: The law requires that thos within 300 feet be notified. Councilman Melstrom seconded the motion. (all in favor). This was the day and time set for a hearing on the proposed variance for a garage for Robert Vacanti, 622 South Third Street. The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and mailed to the property owners, and t_he Clerk informed the Council that the notice for hearing was published on Slane 27, 1969 in the Stillwater Evening Gazette, the official newspaper of the City, and mailed to the property owners on June 27, 1969. The Mayor then opened the hearing. No one appeared for or against this variance. On motion of Councilman Melstrom, seconded by Councilman Wohlers a variance was granted to. Robert Vacanti, 622 South Third Street for as new garage as recommended by the Planning and Zoning Commission. UNFINISHED BUSINESS (out of order) This was the day and time set to open bids on a RETAINING WALL RESTORATIOMT AT 114 EAST LINDEN STREET. The Clerk read the advertisement for bids aloud; Mayor Powell inquired i:.f the advertisement for bids was published and the Clerk informed the Council tl:lat the advertisement for bids was published in the Stillwater Evening Gazette, o:.Eficial newspaper of the City, on June 18 and June 25, 1969. The following bids were then opened and read aloud: Bid No. 1 Bid No. 2 Berglund -Johnson, Inc. P. O. Box "D", 351 Second St. Excelsior, Minnesota 55331 Bid Bond Total Bid Industrial Restoration Co., Inc. Minneapolis Cashier's Check -- $824.20 $8,440.00 Total Bid $8,242.00 On motion of Councilman Carlberg, seconded by Councilman Lammers that these bids be turned over to the Consulting Engineers and the City Attorney with a recommendation to be presented at the July 15, 1969 Council meeting. APPLICATIONS On motion of Councilman Lammers, seconded by councilman Carlberg, Hooley':s Supermarket, 902 South Fourth Street, Stillwater was granted an "Off Sale 3.2 Beer License. (renewal). 335 • elel 6 (July 8, 1969 - continued) • • From Fred Dahlin (D. V. M., Inc.), 1889 Fairmont, St. Paul, Minnesota for three Amusement and two Music Machine licenses. (New --machines located at Bob & Millies and Eagles in Stillwater). Mayor Powell: How long have these machines been operating? Mr. Dahlin: I made an application July 3, 1969. I believe the machines in the Eagles have been in for a week or ten days. The ones at Bob & Millies for a month, but Mr. Wohlers thought it was a month to six weeks. James Menard: I know Fred. I am sure he is not aware of how we operate here. In St. Paul you put the machines in and get the licenses later. Mr. Dahlin: It would be obviously ridiculous that we would place these things with the _s.tent to get away with something or to more or less by-pass your ordinance. It was an oversight or lack of some prudence in investigating your ordinance. At the time we were informed of the ordinance it was through hear -say. I got a copy of the ordinance on the second and on the third made application. The police was there in- vestigating. Councilman Wohlers: I have to contradict you. In St. Paul and Minneapolis you don't put these machines in then get the licenses. I have been operating there for years. Councilman Carlberg: You will be putting in more machines? Mr. Dahlin: Yes. We have been operating for about fifteen years. We are involved in placing coin operated machines, music machines and amusement machines. We have all types of vending machines, cigarette, food, candy, etc. Councilman Lammers: Is there any particular reason why this should be held over for a week? City Administrator: I believe that Mr. Dahlin hasn't told you the full story. word came to my office and not from Mr. Wohlers. The Police Chief was instructed to pull the machines until the license was obtained and this the Police Chief did and he made -a determination, I believe, that he extended this additional courtesy to you and asked you to submit your application and submit your check. This will be investigated. Mr. Dahlin: To the best of my knowledge it is a matter of six weeks. We have violated Ordinance No. 352 unbeknown to us until July 2nd. I was the one that talked to the Chief and the Assistant Chief and they were the ones that extended the courtesy to us and the businessmen as these machines are crucial to their income. These people asked us to put the machines in because they wanted newer machines and better service. My primary objectives was to assure these merchants that their service won't be interupted. I can't say how critical at this point that we have violated the ordinance. Councilman Carlberg: I think it could be an oversight. I would like to make a motion that we grant the license. Councilman Lammers: Basically I agree with John's motion. Does the Administrator feel that there should be more of an investigation? City Administrator: I feel it should be clarified through the Police Department. James Menard: Who does go around and check on the machines? City Administrator: The Police Department. Mr. Menard: I have machines and they have never been checked. Mr. Dahlin: My experience with these things licensing throughout the area in the current municipalities and cities are notarially on both sides. They are paid for the nature of the business you are moving them to maximizes the intake. We are fair with our customers and we are not obviously going to jeopardize our business. • • (July 8, 1969 - continued) 227 • Mayor Powell: The fact that you did not inquire is ignorance of thee law. (There was no second to Councilman Carlberg's motion), Councilman Carlberg: Could we get hold of the Chief of Police? (The Council was informed that the Police Chief was on duty andwas not available for that reason). Councilman Lammers: I don't think there is a particular problem in ogranting the license but the Administrator asked that we give further time to make an investigation. I would move that the matter be carried over to our next regular meeting and allow them to continue to operate. Councilman Melstrom seconded the motion. (all in favor). Mr. Dahlin: We have made the application and submitted the check. Tasking them out would deprive them of their income. Councilman Lammers: I don't see any objection to leaving them. City Administrator: The fact is that their application is in the offioce and further information will be available next week. From Noel Breault, dba The Cafe, 106 South Main Street for "On Sale" Liquor-, Sunday "On Sale" Liquor and "Off Sale" Liquor licenses. (new) Edward Davidson: I am here in behalf of Mr. Breault. According to the new law you are allowed two more liquor licenses and I understand that: one is available. I think he is entitled to it. He intends to remade:4l the upstairs for parties and he is up against it competing the other places in the area. Noel Breault: This would be a bar upstairs and not downstairs. I think I lose a lot of parties because I do not have a liquor license. Councilman Lammers: What is the status now as far as liquor licenses? City Attorney: In addition to the five, we have one. The new legislat_ton changes that then we have seven licenses according to Senator Brown. Albertson says we have eight licenses. Another week is not going to change my ability to form an opinion. I would suggest that if the Council is •so inclined, I would ask for an opinion from the Attorney General as to ou::r situation. Ordinarily I don't recommend that but there is no way of determining this. I would say we have seven licenses. Ed Davidson: Every town close to 10,000 could have seven licenses and this would give Stillwater eight licenses. Councilman Carlberg: I would go along with that and it would be better for all concerned. Councilman Lammers: L would move that Mr. Kimmel be directed to write to the Attorney General to find out how many additional licenses we have• because of the new legislation. Councilman Carlberg seconded the motion. (all in favor). From Happy Otte, dba Happy's Harbor, 515 North Owen Street for a regular and a Sunday "On Sale" Liquor License. (new). The Mayor requested that this also be r layed until we have the Attorney General's opinion regarding ti liquor licenses. On motion of Councilman Melstrom, seconded by Councilman Carlberg a Soft Drink: License was granted to Rod Lawson for The Caves. (new) • • (July 8, 1969 - continued) • • UNFINISHED BUSINESS (out of order) The Mayor announced that the meeting was open for the consideration of bids for the purchase of $120,000 Parking Revenue Bonds of 1969 of the City. The City Clerk presented affidavits of publication in the official newspaper and the Finance and Commerce of a notice of sale of said bonds, which affidavits were examined, found satisfactory and ordered placed on file in the office of the Clerk. The City Clerk then reported that one sealed bid for the bonds had been received( at his office prior to the time of this meeting, pursuant to said notice of sale, which were thereupon opened and publicly read and considered, and the highest and best bid of each bidder was found to be as follows: Name of Bidder Bid for Principal New Average Interest Rate First National Bank of Stillwater $120,000 Councilman Carlberg then introduced Resolution No. 4258, entitled "Resolution Awarding Sale of $120,000 Parking Revenue Bonds of 1969". Councilman Lammers seconded the motion and upon vote being taken thereon the following Councilmen voted Aye: Carlberg, Lammers, Melstrom, wohlers; and the following voted No: None, whereupon said resolution was declared duly passed and adopted and was signed by the Mayor, attested by the City Clerk, and directed to be published. Councilman Carlberg then introduced Resolution No. 4259, entitled "Resolution Authorising The Issurance, Fixing The Form and Details and Providing For The Execution, Delivery And Payment of $120,000 Parking Revenue Bonds of 1969". Councilman Lammers seconded the motion and upon vote being taken thereon the following Councilmen voted Aye: Carlberg, Lammers, Melstrom, Wohlers; and the following voted NO: None, whereupon said resolution was declared duly assedcteed ssed and adopted and was signed by the Mayor, attested by the City Clerk, and to be published. (See resolutions). COMMUNICATIONS From Edwaid W. Simonet, Jr. submitting his resignation from the Planning and Zoning Com®ission. On motion of Councilman Melstrom, seconded by Councilman wohlers Edward W. Simonet, Jr.'s resignation from the Planning and Zoning Commission was accepted with regret. The Mayor asked that the Council be looking for a replacement for Mr. Simonet. From Banister Engineering Co. in regard to grant-in-aid for sewage plant construction. The City Administrator reported that Mr. Banister is presently working on a meeting with the Stillwater City Council and the Metro Council and he will inform the Council of this date as soon as he hears from Mr. Banister. DELEGATIONS OR INDIVIDUALS Dean Charlsen Civil Defense Director Mr. Charlsen distributed to the Mayor and Council copies of the policies of th•.° Civil Defense in the Metro Seven County area. He was to appear before the Council tonite to ask them to the Planning Commission incoporate this into thet Building Code and make it a part of the code of any public building. Any scho„oLs that are built must have plans for a fallout shelter. The council was approacithed • • (July 8, 1969 - continued) 339 • once before on this. It was presented to the Planning Commission and not:king became of it. At least he did his duty and he must have a letter from th:e Mayor or the City Administrator that he was here so that he can send it to his .super- visor. Mayor Powell: A motion to refer this to the Planning Commission to be incor- porated into the Building Ordinance. Councilman Carlberg: I so move. Councilman Melstrom seconded the motion. (all in favor). Mr. Charlsen also informed the Council that he had the information requesf.t on the sirens and the total estimated cost of these sirens would be $11,469.0°4. The City would be paying approximately $5,700.00 or $5,800.00. It is up Ste the Council to give direction to the City Administrator to make application foox the funds for the sirens. If the funds are available, it is a fifty/fifty sp=lit. Councilman Lammers: I think we inquired about other alternatives. Dean Charlsen: If you want to use the sirens we have for all purposes, you have to have the three alarm type. The cost would be $1,350.00 for the cheapest ones that are recommended by the Civil Defense. Mayor Powell: What are we paying for the telephone alarm system? City Administrator: I don't know off -hand. Dean Charlsen: It is around $200.00 per month. Mayor Powell: This also includes call -in service from the hospital and some of the nursing homes. Dean Charlsen: That is separate. Councilman Carlberg: I would like to find out a little more on this teleplhone system and maybe we could hold this over until next week and get the exact amounts. Councilman Lammers: Would it be possible to review this proposal with Mr. Charlsen and possibly come up with a recommendation and take into consideration the Police and Fire Chief for the August 12th meeting. Councilman Carlberg seconded the motion. (all in favor). Don Smith, Attorney for Kenneth Johnson and Dean Charlsen ( Valley High) Apartment Mr. Smith explained to the Council that he was here to appeal to the Council regarding the rescinding of a building permit for an apartment on Broadway and Pine. He briefly went through the facts presenting their position and stetted that an injustice had been done. The original petition was for 42 units and that was denied by the Planning Commission. They came back for 21 units annd that was with a request for two variances - heighth and density. Mr. Smith therm drew a sketch of the property and building and explained the various setbacks inn accordance with the statutes (ordinance). He made reference to the letter that Mr. Kimmel had written to the Planning Commission in this regard. His clieeats repetitioned for the setback variances which were approved by the Planning Commission. With the elections there was a change of City Council personneeL and when it came back to the City Council, the petition for the setbacks was dennied. They were caught in a bind of the reliance of the reading of the statutes (ordinance) turne full face around and they were told just the opposite. fRvmber one - they relied on that ruling - the City Council should not have the autfhority to rescind it. Numt r two - front is determined by how the building is set aut. (At this point Mr. Smith and Mr. Kimmel had a discussion on the setbacks: and the action taken y the Council, which was too fluent to be recorded verbatiien. Mr. Smit. asked the City Council to reconsider their position. On the variances that were granted there was no need for a setback variance and, therefore, there doesn't nave to be a full hearing on it. The permit could simply be rre-issued. He asked the Council for their opinions. • • 340 • (July 8, 1969 - continued) Mayor Powell: Do any of you gentlemen have any questions? Mr. Smith: what is the procedure if the request is denied - if you meet behind closed doors or exactly what is the procedure? Mayor Powell: This is what I was asking if they wish to discuss it and make a decision, recheck the minutes or if they want to confer with Mr. Kimmel. Councilman Lammers: We should hear it out. I am wondering why you (directed to Mr. Smith) did not contact Mr. Kimmel before coming to us. I was of the opinion that this was the most appropriate remedy. Mr. Smith: I knew the City Council had the final say. Mr. Kimmel doesn't have the final authority. I would still have to come before the Council. Councilman Lammers: I don't know what we would have to do. Mr. Kimmel: Anything that I have to say could be said here. I went over the ordinance. I wrote a letter to the Planning Commissiong advising them. They came before the Council. Mr. Todd, representing the opponents, inquired of me what my opinion was to reaffirm what I had already written. I don't think it would be fair to change my opinions. Mr. Smith: The ordinance defines front yard clearly and precisely. Mr. Kimmel: All of the pictures apparently showed the back of the building. We were shown the exposure of the building to the North. Mayor Powell: If the Council wishes to discuss it, they may. The chair would accept a motion to grant the variance or deny it, whichever the Council feels. Mr. Kimmel: I assume the proper action would be to reconsider. There should be a motion to reconsider if they wish to reconsider, as I understand it. Mr. Smith: We are asking them to make a ruling that there is not need for a setback. The permit was issued and properly issued. We are asking for the old one to be re -issued for the reason I stated. Mayor Powell: Do we have any houses built in Stillwater that were facing the side yard? City Administrator: I am afraid I can't answer your question and the Building Inspector is not here this evening. Mayor Powell: Have we allowed any houses to be built facing the side yard? Mr. Kimmel: We have done a lot of things. You have some more uncertainities as to what is front. Mr. Smiths Application is one thing. Reading the statutes (ordinances) is another. People have a right to rely on the statutes (ordinances). Councilman Carlberg: There are many houses that have been put up in Stillwater that were on corner lots that were required to have a front yard of 30 feet and a side yard of 30 feet to coincide with the area. Mr. Smith: In this situation there is a real controversy which is two -fold -- reading of the minutes and the second, is the reading of the statutes (ordinancesa). May3r Powell: We must grant the building permit, deny it, or continue the discussion. Perhaps the Council should do one of the three. Councilman Lammers: It seems that we have acted on it. Whether we are to reconsider it or not is the question. Mr. Kimmel: The Council can leave their previous action to stand - take no actionn tonite. Mayor Powell: I would like to see something definite. (July 8, 1969 - continued) Councilman Carlberg: I move to deny reconsidering the action. councilman Lammers seconded the motion. (Councilman Melstrom opposed). PETITIONS On motion of Councilman Melstrom, seconded by Councilman Carlberg the peatition from A. B. Butts to open North Center Street from West Myrtle Street to West Mulberry Street was postponed to the July 15, 1969 Council meeting. CITY nsMINISTRATOR'S REPORT 1. On motion of Councilman wohlers, seconded by Councilman Melstrom tile offer of Judge Sandeen of $150.00 for the purchase of the statutes and the recommendation of the City Attorney be accepted with the undersatanding the City may use same. 2. On motion of Councilman Lammers, seconded by Councilman Carlberg, Utte following substituted collateral, pledged by the First National Barak of Minneapolis to secure City deposits, was approved: Federal Home Loan Banks Rec. 8.00% due 6/26/70 $400,000.OW in substitution for Federal Home Land Bank 6.30% due 6/25/69 $400,000.O00 3. The City Administrator asked the Sinking Fund Commission (Mayor Povwell, Councilman Carlberg and Councilman Lammers) to meet with he and Mr Klapp of the First National Bank on Wednesday, July 9, 1969 at 4:OW P. M. 4. The application of Michael Brown as caretaker at Lowell Park was diuscussed. and laid over to the July 15, 1969 meeting pending further informattion. UNFINISHED BUSINESS Awarding the Sale of the $120,000.00 Revenue Bond Sale (see two resolutfions). NEW BUSINESS On motion of Councilman Melstrom, seconded by Councilman Carlberg the Buoilding Inspector's Report for June, 1969 was approved and ordered filed. ORDINANCES None 341 342 (July 8, 1969 - continued) RESOLUTIONS The following resolutions were read and were an roll call unanimously adopted: 1. Awarding the Sale of $120,000.00 Revenue Bonds (Proposed Parking Lot). 2. Authorize Issuance„ Fixing the Form and Details and Providing for the Execution Delivery and Payment of $120,000.00 Parking Revenue Bonds of 1969. 3. Directing the Payment of the Bills. ADJOURNMENT On motion of Councilman Melstrom, seconded by Councilman Lammers the meetingg adjourned at 10:40 P. M. Attest: City Clerk 343 • COUNCIL CHAMBER Stillwater, Minnesota REGULAR MEETING The meeting was called to order by President Powell. Present: Councilmen Lamers, Melstrom, Wohlers and President Powell Absent: Councilman Carlberg July 15, 1969 4:30 P. M.. Also Presents City Administrator, Brower; Assistant to the City Administrato:u, Lolandr City Attorney, Kimmel; Consulting Engineer, Duane Ellio•.ttr Minnesota Department of Highways, Mr. Glen Van Wormer UNFINISHED BUSINESS (out of order) This was the day and time set to open bids for TRAFFIC SIGNAL REVISIONS at the Intersection of Main Street and Chestnut Street. 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, o£fiiciaL newspaper of the City on July 10 and July 11, 1969 and in the Construction Bulleatin on July 3 and July 10. 1969. The following bids were then opened and read aloud: Bid No. 1 Collins Electrical Co. St. Paul, Minnesota Bid Bond Lump Sum Bid Bid No. 2 Hunt Electrical Corp. St. Paul, Minnesota Bid Bond Lump Sum Bid $15,385.00 $14,700.00 On motion of Councilman Melstrom, seconded by Councilman Mohler:: the bids were referred to Duane Elliott of the Banister Engineering Company and the City Attorney for a possible recommendation later in the evening. A report from the Planning Commission in regard to a request from the CMF, Inc. for a Special Use Permit, Case No. 53. Minutes of the Planning and Zoning Commission meeting of July 14, 1969 was given to the Council, said minutes indicated that the Special Use Permit was approved by the Planning and Zoning Commission. On motion of Councilman Melstrom, seconded by Councilman Lamers the Council accepted the recommendation of the Planning and Zoning Commission granting a Special Use Permit to CMF, Inc. to operate at 216 East Mulberry Street. A discussion was held on the employment of Michael Brown as caretaker for Pioneer and Lowell Parks based on information from the Police Department on his miscondtect. • • 344 • (July 15, 1969 - continued) • Mr. Duane Elliott, Consulting Engineer. reported to the Council that he and Mr. Van Wormer had gone over the bids on the Traffic Signal Revisions and recommended that the low bid of Hunt Electrical Corporation, St. Paul, Minnesota for $14,700.00 be accepted subject to the approval of the State of Minnesota. On motion of Councilman Wohlers, seconded by Councilman Lammers a resolution was introduced accepting the low bid of Hunt Electrical Corporation, St. Paul, Minnesota for $14,700.00 for the Traffic Signal Revision as recommended by the Engineer and subject to the approval of the State of Minnesota. (see resolutions). CITY ADMINISTRATOR'S REPORT (out of order) The City Administrator reported to the Council that the City has not to this date received a written confirmation of the purchase of the Minnesota Mercantile Building and the Stillwater Hardware Warehouse and questioned whether or not the bands should be signed until these contracts are received. On motion of Councilman Wohlers, seconded by Councilman Lammers that the signing of the bonds be withheld until Mr. Kimmel has all the necessary papers in order and signed to assure that we can get all the property involved for the proposed parking lot. A discussion was held regarding the roof that the VFW wishes to put up on the back portion of their building and which did not appear on the minutes of the Planning and Zoning Comission but from the reports received this matter has been taken care. (This portion of the meeting adjourned at 5:00 P. M.) RECONVENED AT 7:30 P. M. The meeting was called to order by President Powell. The opening prayer was given by the Assistant to the City Administrator, Lolanod. Presents Councilmen Carlberg, Lamers. Melstrom, Wohlers and President Powell_, Absent: None Also Prescnt: City Administrator, Brower; Assistant to the City Administrato..r, Loland; City Attorney. Kimmel; Consulting Engineer, Duane Elliott: Parks and Recreation Director. Blekumr Superintendent of Public Works, Shelton; Fire Chief, Cormier. Press: Jim Walsh, St. Paul Dispatch; and Walter Bunger, Stillwater Gazette Citizens: Bob Steindorff, W. Fierke, Gordon Larson, Edward Davidson. Noel Breault, Ralph Otte. Mr. & Mrs. James Schmidt, George Rutz. William Buhl, Donald Nolde and about 10 other citizens UNFINISHED BUSINESS (out of order) The hearing on the petition asking for the vacation of a portion of Oak Street. was completed on July 8. 1969. However, no official action was taken pending a report from the Superintendent of Public Works. (July 15, 1969 - continued) 345 • • 1 Mr. Shelton reported that in his opinion this portion of Oak Street should not be vacated because there are water and sewer lines located in this portion of Oak Street. On motion of Councilman Me lstrom, seconded by Councilman Lammers the request for the vacation of a portion of Oak Street was denied. Councilman Carlberg: I would be in favor of the vacation. I have looked at it. There will never be a street put in there. I think wecan do this with an easement for the utilities. I can't see that there would be tnat much problem to take care of a broken water main in this area. I would be in favor of the vacation. (The vote on the motion indicated that Councilman Carlberg was opposed to the motion to deny the request). The hearing on the petition asking for the vacation of a portion of Rice Streest was completed on July 8, 1969. However, no official action was taken pending a report from the Superintendent of Public Works. Mr. Shelton reported that in his opinion this portion of Rice Street should not be vacated because it is a means of ingress and egress to serve the area along Center Street which will accommodate about ten houses. On motion of Councilman Melstrom, seconded by Councilman Wohlers the request for the vacation of Rice Street from Sherburne to Grove Street was denied. The petition asking the Council to open North Center Street fromWest Myrtle Street to West Mulberry Street signed by A. F. Butts was carried over from the: regular meeting held on July 8, 1969 and referred to the Superintendent of public Works and the City Attorney. The Superintendent of Public Works, Mt. Shelton reported that he feels that this street should be opened making ten lots available for pending sites but tnat the matter should be referred to Mr. Duane Elliott and request him to establish a profile and grade lines with the developers for this street so tnat tnis area can be tied into the City's sewer systems. The City Attorney advised that it will be necessary for Nr. Butts to file a plat of lots and also show the area to be donated to the City for street purposes. When this plat is received it should tnen be turned over to the Planning and Zoning Commission for their study and recommendation. (No action taken at this time - will be considered when the above requirements are completed). APPLICATIONS On motion of Councilman Carlberg, seconded by Councilman Wohlers a permit to solicit funds to the Christian Record Braille Foundation. Onc., Lincoln, Nebraska was approved. (renewal). On motion of Councilman Melstrom, seconded by Councilman Lammers the applicationn for an Operator's License, three amusement machine licenses and two music machine licenses was granted to D. V. M., Inc., St. Paul. Minnesota (new). The following applications were presented at the last regular meeting of the City Council cn July 8, 1969 and carried over to this meeting: Noel Breault dba The Cafe, 106 South Main Street, Stillwater - Regular and Sunday "On Sale" Liquor Licenses and "Off Sale" Liquor License. Ralph "Happy" Otte, dba Happy's Harbor, 515 North Owen Street, Stillwater,' - Regular ono Sunday "On Sale" Liquor Licenses. • 346 • (July 15. 1969 - continued) • • The following letters were read regarding these applications: —. Dear Mr. Rimmels "You have directed a question to our office with regard to the number of liquor licenses authorized to be issed by the City of Stillwater, a city of the fourth class. Laws 1967, Chapter 267, authorized the City of Stillwater to issue, "in addition to the five 'on -sale' liquor licensee authorized by law, one 'on -sale' license to a notel ." The reference to"the five 'on -sale' liquor licenses authorized by law' referred to M. S. 1967, Chapter 340.11, Subd. 7, which reads in part as follows: "Subd. 7 . Not more than five 'on -sale' licenses shall be issued in any city of the fourth class. . . . Laws 1269, Chapter 1127, Section 2, "manded M. S. 1967, 340.11, subd. 7, and reads in part as follows: "Sec. 2. . . Subd. 7. . . Not more than seven 'on -sale' licenses shall be Leaned in any city of the fourth class. . . . Since the five authorized bylaw has been changed to seven, and since Stillwater is authorized to issue one license in addition to those authorized by law, Stillwater could now issue eight licensee, providing: the eighth license is "to a hotel which operates a dining room serving meals regularly and which contains not less than 40 guest rooms", the limitations imposed ',y Laws 1967, Chapter 267. (Jon B. Albrightson, Special Assistant Attorney General) To the Honorable Mayor and *sabers of the City Council: Gentlemen: This is in regard to the liquor license for the Grand Cafe for which I applied. If at all possible, I would like this decided upon tonight as I have purchased the building and would like to do extanei:e re- modeling and redecorating as requested by the Lions Club and Rotary Club. To undertake this expense I feel that I would have to be able tos sell liquor in order to compete for other banquet business also. Since your attorney whom you authorized to get an opinion on this from the Attorney General apparently has not done so yet, I asked Mr. Albert: - son to do so for me. As a result you each have a copy of the reply that: he received which I believe clearly indicates that there is still one more license available. If you issue this license to me I feel that you will not only be doing me a favor but the city as well because of the increase in personal property tax and license fee. I also feel that zhe city needs such a place as the Grand Cafe at its best. (Noel Breault) To the Honorable members of the City Council and the Honorable Mayors "I would like to at this time apply for a liquor license, for my newly remodeled building, inside and out. It seems to be the question as to who is eligible for a liquor license. Nay I explain why I and many, many others: feel the same way I do on this natter. I feel I have been an up-to-date tax -payer, always kept my license, paid in full. ane have been a resieent of! Stillwater for 31 years. For the past 23 years have operated an excellent business located at 517 North Owen Street, known as Happy's Harbor (nay I ado:l with little or no trouble), as of my fine record, as shown on the police records, you'll find this a perfect record, and I will continue to operate ill the same manner, with a liquor license. I am the longest operator in busine::s, waiting for a license, in the city of Stillwater, Minnesota. • • • (July 15. 1969 - continued) 347 e If there is any granting of a liconaa, please advise me, as to when you plan to take action in this matter, I would like to be present. Would you please take the above recommendations, into consideration, I really would like to have a liquor license, in order to expand my food and dinners to the best in the St. Croix Valley. I thank you for taking time to read this letter of application. (Ralph (Happy) Otte) Councilman Carlberg: We have om license and two applicants. I do not know Mr. Breault very well and I am trying to stay in the middle of the road. I would personally like to know more about these businessmen, such as personal recommendations from other people. This is something thaat has to be taken into account; what kind of business and make sure that tliis business will be of a benefit to Stillwater. With Mr. Otte's basinee tlWre is a problem of being in a residential area - his neighbors haven't oh/suited. I make a motion that we turn both applications over to the Planning Comm_dssion and that both parties give the Planning Commission as much information as: possible so that the Planning Commission can look into this a little furether for us. Mayor Powell: We have a meeting with the Planning Commission for next Monday and it was thought, and I had planned on asking the Planning Commission tto consider the removal of that ordinance that limits the .location of a huskiness. The Planning Commission and the Council will have an opportunity to look together on this. We have a Charter Commission also. An ordinance is notf a part of a charter and Mr. Otte is on the Charter Commission. If you are going to have a completely unbiased decision. I still think that might bee the thingtodo. Edward Davidson: You get the ordinance changed by the first of the year and by that time you will be qualified for another four licenses which should gilue Happy enough- time to change the ordinance and he can apply after Januaryy 21st. Mayor Powell: I do believe that after the census is taken that we will ffEntt that we are a City of a Third Class which means that we will have four additional licenses. Edward Davidson: They did pass something in the last legislature that when you are close to the 10,000 figure you can apply for the additional licenses. Mr. Kimmel: It is my understanding that these figures have to be officiael figures. Mr. Davidson: If you want to, you can apply - you can if you are close t3o that figure. Councilman Lammers: Who do you apply to? Mr. Davidson: To the Liquor Control Commission. They could have issued Eour additional licenses several years ago. Councilman Melstrom: We should clarify the ordinance. The fellows in thee outlying areas do not have the chance. I think it should be Council actiion that we refer this change of the ordinance to include some of the outsides area to the Planning Commission. With the ordinance we have now we are restricted. Mayor Powell: I agree with your motion as the main thoughts were that the Planning Commission check into the possibility of revising the boundaries: that everything else will be discussed but I don't think that the Planning Commission should be asked by a motion what they think about issuing another liquor license. Mr. Davidson: What if you would go along with this and the Planning Commi:.ision would not go along with it? • 348 (July 15, 1969 - continued) r • • Councilman Carlberg: I will change my motion that I move that we ask the Planning Commission for a recommendation as to whether or not we should change the boundaries for "On Sale" liquor licenses. Councilman wohlers seconded the motion. (all in favor). Mr. Breault: So far I have $100,000.00 invested. The Lions and Rotary did ask for a remodeling of the upstairs. There would be no bar downstairs, but drinks would be served from the kitchen but there would be a bar upstairs for private parties. I have been here for one year. Mr. Otte: I wish to state that I have been in town for 30 years and in business for 22 years. I appreciate the action you are taking. Mayor Powell: I would personally like to see the Planning Commission change the boundaries. When this is done, we are going to have quite an issue. We are liable to get a broader view of the problem. There are nine people who might be different from us. I think that is my own feeling, that this is going to be somewhat of a controversial thing. In your area I would think we would change a wide area. They might just make one spot open for "OnSale" liquor licenses. Mr. Otte: I plan to completely renovate the whole place and tax wise, it will help? Mr. Kimmel: Our ordinance is on qualifications and not on population. Councilman Lammers: Both applicants are very deserving and both should get a license. This is my own feeling. The Grand Cafe has made great progress in the past year. I am sure with a liquor license it will be a much better business. With Happy's there is the change of the ordinance. Mt. Davidson: By the time you get the zoning changed, this is going to take time. It is a cinch that we will go over the 10,000 population the first of the year. Councilman Yammers: I don't know how the rest of the Council feels. Mayor Powell: I am wondering if somehow our Attorney can be given the time to check into this statement that if you are close to the 10,000 mark that you can actually issue the additional licenses. I think it it talk. Mt. Kimmel: I would be happy to check this out with Mr. Albertson and se.: what he can find. I would like to7down to the office. Mayor Powell: The thing is that both gentlemen are deserving for their license on their qualifications of their business and location except that Mr. Otte is in a location that is prohibitive at this time. The only thing left to do is to change the ordinance and then issue one after the first of the year if you find that can be done. Even all this does not mean that the ordinance will be changed because if there are a lot of people in other neighborhoods say we don't want it changed it might not be changed. This Council will listen to a lot of people. We have that to consider also. I am wondering if we should delay the action because of that. It poses a little bit of a problem. Mr. Davidson: After the first of the year, I know this is true. you will be able to issue four more licenses or a total of 12 licenses. By that time you get it zoned and that might be a long time. Mayor Powell: I wanted the Council to know that there are these problemea. There is an urgency in this I know. If we wanted to amend the ordinance.. we could do this. I am sure when this was set up, there was more than five people. We have had applications at different times for "0ff Sale" and they were turned down. There are as many opposed to it as in favor of it. Mr. otte: I took a survey of my neighborhood and i did not find one oppooeed. Mayor Powell: The normal way is to turn it over to the planning Commissiion. There is a good chance the people will be more broadminded about this. MOO • !July 15, 1969 - continued) Councilman Wohlers: Is Happy's and Meisters residential or conmerciallt Mayor Powell: They are residential. We have discussed it now and thee Council should make a decision. Councilman Lammers: Is Mr. Kimmel out checking? City Administrator: Yes. Councilman Lammers: It would be fair to make a decision until we had this information. ' (The Mayor declared a recess from 8:20 to 8:30 P. M.) Councilman Lammers: I am wondering, Mr. Breault, if there is any urgeency in this. Mr. Breault: I would like to do it before the first of the year. Thee Lions and Rotary have asked me to do something. Councilman Lammers: I think we should make a decision. I am extremelly sympathetic with the applicants. The only proper thing, as I mentioned before, we have to change the ordinance and this is going to take a period of time. I would hope that as soon as possible that we would pass thiis ordinance and I am in favor of this change and that it would be possib.aLe to issue the license and hopefully that we can do that before the firsat of the year. I would hope that your license would be forthcoming and we vvoald do everything possible to see that you got it. As far as the Grand C:a.fe, this change does not affect them. I would move that wegrant the licecee to the Grand Cafe. (There was no second to this motion.) Councilman Carlberg: I am sympathetic to both cases. I would just as soon wait to check out a little more information that we can issue somas additional licenses right away. I don't think it is fair to issue one here. I would like to make a motion that we have our City Attorney cheeck with the Liquor Control Commission into the possibility of receiving file liquor licenses according to our population. Councilman Wohlers seconded the notion. Councilman Lammers: I do think what if they find we have one license Co issue. Are we then going to deny both applicants by no action? Will fads be the resultof this motion? Councilman Carlberg: At this time there would be no further action talken. Councilman Melstrom: I would like to say I think in all fairness to Beath parties it isn't going to hurt either party to wait another couple weelks and I don't think it is fair to deny one and give it to another without do:img everything possible to be fair to both parties. 349 Mr. Davidson: You gave it to Victorri's down at the other end of town.., Mayor Powell: At the time he asked if we could go to the State Legislsature and get a wine license and he said that he was agreeable to that. Befoore that no one had asked us for any kind of liquor license. The Council IfeLt he initiated this action and that we did pass a resolution for this license. It was kind of an unusual affair. We wanted one and we got two. This all came about because we took action. (The vote on this motion showed that Councilman Melstrom was opposed) Mayor Powell: I personally can't see why you are delaying it. Councilman Carlberg: If only one license is going to be issued, I think that both have an opportunity to get it. If we give one a license now,,, one person is automatically denied a chance. • e (July 15, 1969- continued) • • Mr. Breault: After the first of the year there will four more. Mayor Powell: We think so. COMMUNICATIONS From Helen Wallis Lane Drive. (The Council was aware and Aurilla Atwood regarding a flagpole located in Ridge Mayor asked that this letter not be read since all the of this problem). DELEGATIONS OR INDIVIDUALS Mrs.Helen K. Wallis was to appear before the Council in regard to a flagpole that was erected some years ago by Mrs. Aurilla Atwood. She had talked to the Mayor and he told her that he would recommend to the Council that they take action to remove the flagpole and that it would not be necessary for her to appear before the Council. Mr. Kimmel: The two parties involved claim to own the flagpole. Mayor Powell: It is on City property. I think if that flagpole was down and neither one of them could see it, they would be better off. Mr. Kimmel: The other people involved have some rights also. Both parties have spent money on surveys. If both parties would agree to this, wonderful. Mayor Powell: Mr. Loland went up to the County on this and came back with information that it was on City property. Councilman Lammers: My understanding is exactly as Harold gave it to us. It is unfortunate that Wayne, Harold and others involved have wasted so much time on this. This is something that they have to settle in the courts. I don't think that we have a right to do any- thing about it. Councilman Carlberg: I agree with Councilman Lammers. I don!t believe that the City should get involved because we could get ourselves in a predicament or a lawsuit on this. Mayor Powell: She wanted to come down and I thought if we could eliminate that we should and I told her that if any action was taken she would be notified. This is a problem between her and Dr. McCarter' and they can take it from there. Don Nolde: This flagpole has been discussed many times at Council meetings and I feel that the City has more important problems than discussing this flagpole. Mayor Powell: Mt. Kimmel, will you see that the proper letters are sent. PETITIONS (See petitions connected with Fairmeadows Plat No. 3) UNFINISHED BUSINESS (out of order) The hearing on the proposed final plat of Fairmeadows No. from July 8, 1969 until tonite because the required hard tracings were not available at that time. Mr. Fierke: We have what is known as the hardshell, document in filing a plat. This, I believe, was the continuing the hearing until this week. 3 was continued shell plats and which is the key main reason for Councilman Lammers: Is everything in order as far as this one goes? • • • (July 15, 1969 - continued) 351 • Mr. Fierkes we think so. We have all the papers you are suppose to files. There are no changes. Councilman Lammers: I understand there have to be some vacations of a ample of streets. Mr. Fierkes We have turned in to Mr. Brower the application for the striating of the vacation of those two streets. Councilman Lammers: Mr. Kimmel indicated that the Register of Deeds wi:1L accept this without the street vacations. City Administrator: Mr. Kimmel has gone over all of these papers, and [ have a letter here which takes into consideration all of these things. (sees the letter in the file). Mr. Fierkes On those two petitions for improvements. in spite of what we had said the last time, we might as well put it in at our expense. It is sus complicated to assess people. You can charge all sewer and water costes to us on abe there nefited l % ownership. On be butthe we would like is l ktoeask forlrtion where other a peoplewillregular assessmsent hearing. Councilman Lammers: Which streets are you referring to? Mr. Steindorff: The streets in the new plat. These are all except Inteer- lachen. There is a petition for the entirearea.d lThisonly sonlyomakes n kesl beenee if we do them to the back part. The sewer, water the whole area. Mr. Fierke: Humber one we want your agreement that the plat itself looks okay. Then the consummation of the assessments with us. Also the assessment hearing to determine who will pay the assessments on the streets besidees us. Ask your engineer to go ahead with whatever he can do and whatever speed is consistent with good engineering. Mayor Fowell: Mr. Brower if we have a motion to accept the final plat and then a motion to prepare the preliminary plans and specifications for vehe sewer, water and street improvements. City Administrators The City Attorney states in his letter that the ab:.etract and the title to this property is all in order. Mr. Fierke: We would like the City Engineer to go ahead with reasonabL* speed on this. Councilman Lammers: This could be done this year. Mr. Elliott: I believe the utilities could. However, I don't think she streets could be because of the hearings involved. The streets will crave to be put back into condition so that the people can get in and out of thte area. Mr. Fierke: It depends upon the weather. Do everything possible this year. Councilman Lammers: It will be a mess in the spring. Mr. Elliott: Splitting it up is not too bad to do. I would think that you would have to put them in the best possible condition following the ustilities. It depends how rapidly it develops. Mr. Fierke: It would nice if it can all be done this year. Mr. Elliott: Basically the street plan will be very nearly completedl as part of the utilities project. Depending on when the hearings are completed on the streets as to when we can advertise for bids. I have talked too the people in the balance of the Fairmeadows area and advised them that tl.heir area would be difficult to consider for this year. I think we still .can go ahead with the utilities contract and establish the street grades and 1 proceed with the hearing for streets and can better appraise the season for menstruation of streets. 352 (July 15, 1969 - continued) Mayor Powell: The thing to do for now is to take one thing at a time, if we are going to approve this final plat. Councilman Carlberg: I make a motion to introduce a resolution to approve the final plat of Fairmeadows No. 3. Councilnan Melstrom seconded the motion. Councilman Lammers: Harold, is there anything that we should add to this motion as far as the agreement? Mr. Kimmel: I am not aware of anything that affects the City. I think the approval of the plat should be considered with the approval of the agreement. Councilnan Carlberg: I would include the agreement approval of the construction contract and the agreement on the rest of the plat for utilities and street improvements. Councilman Lammers seconded the amendment. (The vote on this motion indicated that Councilman Wohlers was opposed). Councilman Carlberg: I move to introduce a resolution accepting the petition and directing the consulting engineer toprepare feasibility reports for August 12, 1969 for the utilities for Fairneadows No. 3. Councilman Melstrom seconded the motion. (all in favor) (see resolutions.). On motion of Councilman Carlberg, seconded by Councilman Lammers that the petition for the street improvements be accepted and the engineer be directed to prepare feasibility reports for street improvements in Fairmeadows Plat No. 3 and have a hearing on August 12, 1969 at 7:30 P. M-L (see resolutions). On motion of Councilman Carlberg, seconded by Councilman Lammers that we accept the petitions for the vacation of Hanson Circle and part of Fairmeadows Road and set the hearing for September 9, 1969 at 7:30 P. M. CITY ADMINISTRATOR'S REPORT 1. The City Administrator informed the Mayor and Council of a meeting of the Federal Water pollution Control Administration to be held on Tuesday, July 22, 1969, at 9:30 A. M. in the Arcade Ballroom at the Holiday Inn Central, 1313 Nicollet Avenue, Minneapolis and suggested that Mr. Banister be directed to attend and report to the Council. The Council concurred with this suggestion and Mr. Banister will represent:t the City at this meeting. 2. The City Administrator informed the Mayor and Council that the curbing in front of the City Hall is in deplorable condition. He talked to Mr. Sheltton about this matter and the cost to replace the broken curb is $450.00. Thins is at the rate of $3.00 per foot. It was his opinion that the present cunt should be replaced and Mr. Shelton concurred. If the Council concurs and has no objection, the work will be ordered done. There was no objection on the part of the Council and the Superintendent of Public Works will be directed to have this curbing replaced. (July 15, 1969 - continued) 353 • • 3. The City Administrator called the Council's attention to a letter sent: to Mr. Donald Smith (attorney for Valley High) by Mr. Kimmel regarding8 the fronting of their apartment building on Pine Street. (Copies of this letter mailed to the Mayor and Council). 4. The City Administrator informed the Mayor and Council that a summons of Rhonda Oldejans vs. City of Stillwater and a summons Of Darrell B. Montbriand vs. City of Stillwater was mailed to the City Attorney and McGarry -Kearney Insurance Agency. 5. A memo from the Fire Chief informing the Mayor and Council that Firefiighrer, John Clarey, has completed two years on the regular Stillwater Fire Depart- ment as of July 15, 1969 and is entitled to receive $600.00 per month as agreed in the contract dated October 15, 1968. (see resolutions). 6. A letter from James P. Senft to the Stillwater Fire Department informiimg them that he is moving to Washington, D. C. and is submitting his resiigna- tion from the Stillwater Volunteer Fire Department. The City Administrator informed the Mayor and Council that the usual I1atter would be sent to Mr. Senft. 7. A memo from the Superintendent of Public Works requesting an overtime rate for Francis Quick. Be stated that it is almost impossible to find twa men to call out on sewer rodding machines during the weekends. Since we bee no rate for overtime established for Francis Quick and he is readily avail- able and under his supervision he would like to have the Council give con- sideration to his request. His present hourly rate is $3.46 per hour using his $600.00 per month salary. After some discussion, Councilman Lammers introduced a resolution settling Mr. Quick's overtime rate at $5.19 per hour which is one and one-half of his regular salary. Councilman Wohlers seconded the motion. (all in favor) (see resolutiions). Councilman Carlberg: What about the four hour minimum? Mr. Shelton: He is not on a time clock so there should be no four houur minimum. 8. The City Administrator informed the Mayor and Council that they will (lave to pass a resolution directing the Mayor and City Clerk to issue a warratLt for the payment of $3,570.00 to the Northern Pacific Railway Company for :the removal of the spur track in the proposed parking lot. On motion of Councilman Melstrom, seconded by Councilman Lammers a reocoLution was introduced authorizing the payment of $3,570.00 to the Northern Pvicific Railway Company for the removal of the spur track in the proposed panting lot. (see resolutions). 9. The City Administrator inquired if the Council would be interested in: selling the three air conditioners which were used at the old City Hall and Which are now stored in the sub -basement of the Municipal Building. On motion of Councilman Carlberg, seconded by Councilman Wohlers the .City Clerk was directed to advertise for bids for the sale of three used a:Lr conditioners with said bids to be returnable on August 12, 1969. • (July 15, 1969 - continued) r"+ • UNFINISHED BUSINESS Two bids were opened on the Retaining Wall Restoration at 114 East Linden Street at the last regular meeting of the Council. At that time the bide were referred to Mr. Duane Elliott and the City Attorney. Mr. Duane Elliott reported that it is the recommendation of the Banister Engineering Company that the bids be rejected and that a new call for bids be issued with bids to be received at 7:30 P. M. on August 12, 1969. On motion of Councilman Melstrom, seconded by Councilman Melstrom that we follow the recommendation of the Consulting Engineer and re -advertise for bids to be returnable at 7:30 P. M. on August 12, 1969. (see resolutions). Mayor Powell suggested at the last meeting that each Councilman place a name in nomination to fill the vaca'created by the resignation of Edward Simonet from the Planning and Zoning Commission. Councilman Carlberg: I would like to nominate the name of Duane Arndt, 322 West Churchill Street for the Planning and Zoning Commission. Councilman Lammers seconded the nomination. Mayor Powell requested that Duane Arndt be appointed to the Planning _ and Zoning Commission to fill the unexpired term of Edward Simonet. On motion of Councilnan Carlberg, seconded by Councilman Lamers the Mayor's appointment of Duane Arndt to the Planning and Zoning Commission was approved. NEW BUSINESS Mayor Powell requested the re -appointment of Roger Peterson as a member to the Water Board for a three year term. On motion of Councilman Melstrom, seconded by Councilman Wohlere the re -appointment of Roger Peterson as a member of the Board of Water Commissioners was approved. On motion of Councilman Lamers, seconded by Councilman Malstrom the Clerk - Treasurer's report for June, 1969 was approved and ordered filed. ORDINANCES On motion of Councilman Carlberg, seconded by Councilman Wohlers the Clerk made the first reading of an ordinance entitled "AN ORDINANCE AMENDING WARD BOUD)ARIES FORELECTION PURPOSES IN THE CITY OF STILLWATER." RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Compensation increase for John Clarey. 2. Directing the Payment of the Hills. 3. Awarding the Contract for the Traffic Signals to Hunt Electrical 4. Accepting Plat and Agreement for Fairmeadows No. 3. (Councilman Wohlers opposed). 5. Accepting Petition and ordering feasibility report for utilities - Fairneadows No. 3 (Councilman Wohlers opposed). (July 15, 1969 - continued) 6. Accepting Petition A Ordering Feasibility Report for the Street Improvements for Fairmeadows No. 3. 7. Overtime Pay Rate for Francis Quick. 8. Authorizing the Mayor and Clerk to Issue a Warrant for the Northern Pacific Railway Co. for the Spur Track Removal. 9. Re -advertise for bids on Restoration of Retaining Wall (Bast Linden SStrcet) 10. Employment of George Schwan& for Pioneer and Lowell Parke. 11. Denying Vacation of Rice Street. 12. Denying Vacation of Oak Street. DELEGATION oR INDIVIDUALS (out of order) Mr. George Ruts appeared before the Council regarding the public access to the River at Hazel Street which was promised to him some years back and which ao date has not been opened up. ADJOURNMENT On motion of Councilman Carlberg, seconded by Councilman Melstrom the meetiiag adjourned at 10:10 P..M. &eeca4.“0et Mayor Attest: �✓'� lAJ-� City Clerk 356 • COUNCIL CHAMBER Stillwater, Minnesota SPECIAL MEETING July 21, 1969 4:00 P. Ml, The meeting was called to order by President Powell. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Powell. Absent: None Also Present: City Administrator, Brower; Assistant to the City Administrateor, Loland; City Attorney, Kimmel; Superintendent of Public Works., Shelton; Frank Lams, Metro Sewer Board; A. W. Banister, Banistter Engineering Company. President Powell turned the Meeting over to Mr. Banister. Mr. Banister: Number one problem is the expanding of the sewage plant -plans and specifications are completed, approved by the Minnesota Pollution ControlH Agency. The legislature at its last session passed a bill creating the Metros Sewer Board. The Metro Sewer Board has the authority to take over after what: date, Frank? Mr. Lamm: Under its sewer board - they will take over and operate all the sewage plants within the Metro area after January first of 1970. In effecti•.t is in the process of establishing all snitary districts, joint sewer boards-w::Lll be taken over and these districts and boards will be phased out in 1970. Mosnt of the calendar year of 1970 as far as taking over is concerned this if first: priority after that it will be the other community owned operations. I am not,t sure when we are getting out to Stillwater. Probably sometime in 1971, maybe • 1972. Mr. Banister: The next issue, of course, is the City is under an order from ftl:e Pollution Control Agency to proceed with secondary treatment. You have got yeaar orders and the orders of the State :.nd that you mast award a contract by Marcia 18, 1970, the project has to be completed by June 18 and in operation by 1972. Basted upon previous resolutions of the Council the City made application for a ?edem:al In -Aid Grant. That grant application was submitted within the time required amid your final rating is No. 4 in the Metro area. Automatically when it is within the metropolitan area that was referred to the Metro Council in compliance witch the area plans. The Metro Council referred it to your Referral Committee and we met with them on July 3 and although we don't have the letter it is in my files. It has been approved by the Metro Council and Mr. Barry sent the statement annd all the form stating that this is in compliance with the program and approve by the Metro Council. That has been signed and forwarded to the agency. If you waited to proceed with the construction until after the federal grant program is established for the next fiscal year, you would not be in compliance with this starting date, and meet the order for completion June 17, 1971. In order to meet that date I believe you have to take bids some time late this summer or early fall. Mayor Powell: The question that we have is, if the Metro Sewer Commission is going to control this and perhaps and according to the plans they have beam published, there will be a new sewage treatment plant down by Afton. Do we goo ahead and go into secondary treatment when we are talking about in ten years, we still would hope that our secondary treatment life would be longer than 15 years? Mr. Lam: In answer to that specific question it comes up in getting a number - of applications throughout the Metro area. Your treatment plant would become in operation until sometime after 1985. From the Metro Council point of view I am very safe in saying since we approved the plan as it was presented to us fly Banisters, that we stand behind the concept of secondary treatment as of this time to whatever time you take it out of operation. If that were to be constrvucted it would become a Metro facility and would be taken over and operated by the Metro Sewer Board. • • (July 21, 1969 - continued) e 357 • _ Mr. Banister: Supposing the City were to proceed to set up a twenty year financial program and in two years you took it over. Would you assume the dssbt of the City of Stillwater on the plant? Mr. Lamm: Tint is correct. M. Banister: You would also be reimbursed for what they put into it plus a depreciation cost. Mr. Lamm: We take over and intend to operate it as a secondary treatment ass a trusary plant. In this case we would take over your entire outstanding indeasted- ness and appropriate it over the entire Metro area under our particular appropria- tion cost method. Your community will be paying for other treatment plants ss well as your own. Your outstanding bonded indebtedness would be added to them treatment plant costs and you would be appropriated your share of your treatment plant as well as the other treatment plants. As far as the money you have aslready expended, we have a formula for the existing plant that you have had for a member of years. Those interceptors would be subject to take over by the Metro Cm:mil and the bonded indebtedness would be similarly taken over on a service basins rather than on a whole metro area. As far as bonding is concerned, I have emery reason to believe whatever equity is put into them whether it is this year cow two or three hence, I do not feel that the Council will get out here within a year or two. Mayor Powell: We would charge our own users and put it into our funds. Willi there be a slight mill charge above the usual rate and a mill levy to keep the thiimg operating? This would be spread over the whole seven county area whether or not they have a sewer system. Mr. Lamm: It is not really a mill levy. Based upon their actual flow as a percentage of their actual flow of their service area. Communities that arse undeveloped pay a share of the total indebtedness. There is a formula for applying these costs. You can do it on an entire mill levy basis. Mayor Powells whatever happens it is going to cost us more money. Mr. Lamm I don't see how it is going to cost you more money. This treatment plant is quite expensive. Councilman Msletrom: It can't cost us more money. We have this large area that is going to be built up. Mr.Lame: They will pay for part of ours. Mayor Powell: You said we could use this money to pay the sewer board for future developments. If we add 250 per month on to our sewer costs what we are charging now remains in our sewer fund and we had to pay out of that, we wowuld have less money. In some way it is going to cost us more money. Mr. Lamm: During the first couple of years there are a large number of steadies to be done in the Metro area. These will be billed back on the Metro area. During the first year you will receive a bill for these particular studies before staking over. Only $500,000 in the whole Metro area for this and we are trying to eget Federal funds. We have been authorized by law to borrow $500,000 of State :finds to impliment studies before taking over. This amounts to 300 per person font the whole Metro area. There is a possibility that you will get some kind of a Ibill. We will not have a mill rate per se. The Metro mill rate is .7 or .5 mills., We don't put on any mill levy per se. If they don't pay, then we can have a m:dLL levy. This is required because of bonding to show that we have a paid up method for paying for bonds. Once the Council and the Sewer Board get the construwrtion area and pay off bonds, they will be doing this with the full faith and creeiit of the whole Metro area. Mr. Banister: How do you propose to take over? Mr. Lamm: This will be a legal instrument. we will audit the facilities. You will take an inventory to see what is there, establish what the credit is axed which communities have credits in the system and the date will be established for. a take over and then as of that date the papers will be prepared. • • 358 (July 21, 1969-continued) • Mr. Brower: Bow will the Sewer Board through the Metro Council take over a department that has been authorized by the City Council to make the payment®? Payments come to the City from the Metro Council? Mr. Lamm: You have your outstanding bonds with your existing bonds put out by due result of your improvement. These will be under the name of Stillwatfer - we have a blurb where we determine the perspective and we state that bond iissue that is intended to be a Metro Facility and to be taken over by the Metro--Comencil. The community will sell the bonds but neither the Sewer Board or the Metro Council will buy the bonds or take them over but we will be responsible for the payment of them. The intention is that they will not be a part of your outstanding bonded indebtedness rather it will be bonded indebtedness for the Metro area - an obligation of the Metro area. The full faith of the Metro area will stared behind the bonds. Mr. Brower: Could this be true of a secondary treatment with the Metro council in the agreement of the full faith of the Metro Sewer Board? Mr.Lams I couldn't speak for the Metro Council. I see no reason that some arrangement could not be made. We are doing this for interceptors in another part of the Metro area. I think something could be worked out along this liJae. Mr. Brower: This would be part of the Metro Council obligation. Mr. Lamm: You would probably want to see it before a year. Mayor Powell: I think he stated that they might not have a take over until 1972 or 1973. Mt. Lams For some length of time you would be paying it off on your own. -Mae Council has to take over sometime in 1970. Mr. Banisters The big question now - you have the conference coming up tomorrow with the Federal Water Pollution Control Commission. One of the questions is "Mew is the State of Minnesota doing in meeting its time tables? The Minnesota Pollustion Control Agency has issued orders to a certain number of communities including Still- water. Whether the City of Stillwater is going to be in compliance or not in compliance. It is your intent to be in compliance. These are policy statements. We could say "yes" or "no". The question comes up on government grants. Thine all has to do with meeting the requirements or the State for 1971. Your receive& priority rating of No. 4. One of the provisions of the government grant act is that you can proceed with the government grant application with your applic anion on file and your priority increases and you may be reimbursed at a future datie. The applicants has a highter reimbursement factor. If you were to proceed me your own, your priority points to the Federal government as put out by the Saute would be nine (9). But if you could also work out an agreement to provide souse very nominal sewer service to our people, you would have 101 priority points end that would putyou on top in the Metro area for this year. I would think that you would proceed if you would be reimbursed the following year. Mayor Powell: Is it possible that if we proceed that we would not be reimbursed? Mr. Banister: That is possible. Mayor Powell: If that should happen, if the Sewer Board took over, would they pay us the total amount? Mr. Banisters They would pay you the cost. They would credit what you had actually spent and take over your bonded indebtedness. Mayor Powell: If we would receive a Grant -in -Aid, when they take over they would not pay for that? Mr. Lam: The first thing you do is to subtract all State and Federal funds granted. Mayor Powell: Is the formula written in such a way that we really get back what we spent? • • (July 21, 1969 - continued) 359 • Mr. Lamm: Approximately what you spent. The formula is based upon indeter-- minates that may or may not continue to go up. If they do drop. but that isa not probable, based upon the figures that we have developed here it is pretty cl !ose to the exact money spent. Mayor Powell: How about an old installation? Mr. Lamm: It is based upon the percentage of use. It is not way out of shape. Mayor Powell: As far as Stillwater is concerned if we had to bond ourselves: for the total amount, we would receive very close to that amount. Mr. Lamm: Two years out of twenty you would have expended, then we are tenting about construction costs for that and take over the rest of the bond and appropriate it throughout the entire area. I am not prepared to say now that you will gget everything back. Mr. Banisters To depreciate the plant according to what it cast by the life' of the bond issue is not going to change the amount of money that the City of Stillwater is going to get - 21/4% for 40 years. It is based on the amount Of the government nt , the proval of hzis by the Metro rCouncil ant. nestablishesapplyiothat you arr e entitledtto this additional t additional1O0% from 30 to 33%. Mayor Powell: If we had an agreement with Lake Elmo, would this change the matter? Mr. Banister: That would give you an additiohal ten points. Mayor Powell: I think we should work that out. Mr. Banister: This would have to be tied in with the Metro Council. There aaxe two areas in the Metro Council that require considerable more study. This Whole area is one of them. Councilman Lammers: Mow you feel that you could work this out? Mayor Powell: I tacked to Cal Brookman and he is in favor of coming in witch. us. Councilman Lammers: But the gravity flow for this area is down another way., Mr. Rimmels From our point of view I think it does seem more feasible to cone to Stillwater. No matter which way they go they will have to pump. Mr. Banister: The big question mark then would it be better to keep it all out of the St. Croix and pump it back to the Mississippi. Mr.Lamms The Metro Council is swinging to taking sewage entirely out of thne St. Croix River. There was a certain time table that was developed that 9nwisions this. Actually one alternate was that some time in the future that sewage %would be diverted from the existing treatment plant here in Stillwater and Oak fleck Heights would be diverted to the South at some central point and then it would either be treated and discharged into Lake St. Croix or else divert it some place to the South to a plant not constructed on the Mississippi. There hasn't been a decision made yet. we have found some officials opposed to the treamtment plant down at Afton and it is a darn good chance that we can divert sewage from the St. Croix River. That is some time in the future. This doesn't solve our immediate problem. In order to serve Lake Elmo and its development proble®s, this means pumping stations at Lake Elmo and force -mains to Stillwater. Tttat is the way the sewage from Lake Elmo should go. A deeper study will have Mtn be made before we make this decision. We did not envision a treatment plant eat Afton until after 1985. If Lake Elmo needs sewage treatment now, we have Oto analyse the whole ball of wax now and move the time up subequent to 1985 wiithin the next few years. Mr. Banister: If your basic time table was to hold that up to 1985 or after this would mean that in effect Lake Elam would have to wait this long. Thery are starting to get a little hot under the collar and would like it in about 21 years. • • • 360 (July 21, 1969 - continued) • • Councilman Melstrom: And ours is contaminated now. Mr.Laam: The Council is finding this out that there are a number of develop- ments around the lake area are having problems. The time table that we have has to be modified to take this into effect. Whether or not you gat this additional ten points from Lake Elmo, there are other possibilities of service outside of Lake Elmo. A good portion of the Township would be service to your Stillwater Treatment Plant at an early date. Councilman Manors: They have got the agreement with Oak Park Heights. Mayor Powell: That is an agreement with the whole area. Mr. Lamm: I don't know what kind of treatment plant they are going to have it Oak Park Heights. Mr. Banister: Would you approve the continuation of that plant? Mr. Lamm: That is one of the many questions that the Council will have to make in arriving at a decision and some of these areas it is not an easy decision to make. It is a hard decision to make. We have to compare costs to authorise budgets. It is real hard. We have the three treatment plants sitting right in a row -- a couple of miles apart. The Stillwater Treatment Plant maybe in operation for quite some time in the future. That much I can say. What area it will serve I can't say. I would hate to have the plant put out of operation before its life is up. It is your concern in a certain way but it is also our concern. Mayor Powell: When you take over,it will be considered and you will reimburse us according to your formula. Mr. Lamm: As your proportion of the bill of the whole area. It seems the Metro Council's point of view we are encouraging local communities to, continuum their construction of local programs. It is not in the best interests of thee sewage treatment plants to suspend these operations for another year or two. This is especially true of communities that have been put under orders by thee Pollution Control Agency. we have reviewed basically all of the orders of time Minnesota Pollution Control area and we encourage the local communities to tasks the necessary steps to solve the problems. Mayor Powell: This is what we wanted to hear. Councilman Lamers: If we only had something to work with. You have to sperm in generalities. I think your point is well taken. Cheaper overall costs amid bonded indebtedness would then be possible to request an early take over of our operation. Mr. Lamm: This could be requested. Another reason why we are encouraging s ly bond issues will be less construction costs. You would be paying your percent- age and that total you would not be paying on the whole cost - you would be paying your percentage of cost and your percentage of the cost for the Pigse:ire's Plant. Mayor Powell: it would amount, to the total bill anyway. Mr. Lame: I don't see any big decision. It is pretty much in the same ballipark. You will get that bill or more back. Mr. Banister: There is another aspect of this. Last December I recommended that you progress and I did write for more federal aid. The legislature did do this. They came up with the fact that you proceed with construction the Staete will reimburse your interest costs on that additional $33,000.00. Mr. Lamm: By law they can pay back when you get federal funds. They back (the bill for the interest payments due as interest on federal funds. Mr. Banister: In this case interest on $190,000 would be considerable. Thus details of how to apply for this I do not know. • • (July 21, 1969 - continued) 361 • • t Mr. Lamm: This is going to be separate from the PCA. They haven't set up the administration for this. This they haven't done as yet. You are fourth on the list as Mr. Banister said. This is very high. The three projects that proceeded were funded by a supplemental grant received a grant last year anod costs have risen. They have the highest priority. Mayor Powell: What are the total figures? Mr. Banister: $640,000. From May to June in this area there was a 3.9% construction rise in one month. Mr. Lamm: The contractors are fat here. You are fourth on the list and th:is is very good. Other communities that are lower than you will get the extra. points which might put them up higher. Mr. Banister: Stillwater would get only an additional 15. Mr. Lamm: If the other communities start and get their 25 points, then you. wouldn't get it. Everything points to the advantages of doing it now. Prone the Metro Council's viewpoint we feel that it is a reasonable order that we put on Stillwater. We recommend that you do, go ahead and construct the secondary treatment facility. We are kind of sorry that we can't give you sore help sad take it over. We don't have the authority to do it before the first of January and have too many things to do before that. As far as taking over we have equite a number of projects and you aren't on the list that we are required by law to take over. The majority on the list we have to take over. There is a 302 million construction project in Pigeye, 35 million program PCA order, about 25 million interceptor and treatment plant in the Southwest Sanitary. and sin on seven million dollars in treatment plants in the Bloomington and Burnsville area. Mr. Brower: Are you required by law to do these? Mr. Lam: This is required by law by 1970. This is a big bite to chew. Mayor Powell: You want something to take to the meeting tomorrow. Somethingg of our intent - wondering what we want to do, if we get a June 18, 1971 completion date - recommendation that we take bids no later than October of this year to get that. Councilman Lamers: Have we been authorized Mr. Banister for the treatment at nutrients? Mr. Banister: The treatment of nutrients - the prposed plant as now designedl this can be done for a cost of not over five or six thousani dollars. You woomld be able to remove the nutrients from the standpoint of the liquid, what we didn't know what the increase would be in the solids. This information is not availleble. Yon may have to dispose of the supernutrients. Mr. Lam: There are a lot of problems. I am dragging my feet as far as thise is concerned. Mt. Banister: In a letter to us dated January 6, 1969 they say nothing anoint tertiary treatment. The Pollution Control Agency recommended that this be provided for with the schedule. This is a recommendation not an order. Mr. Lam: The nutrient removal can be added to the treatment plant as designed right now. We feel that this can be done. You will get another order at their particular time and we will have time in the future to do that. Mayor Powell: The thing that is before us not only as far as tomorrow we wears reluctant to go ahead until we had some type of meeting of this type to know. how the Metro Sewer Board would act or what they plan on doing. We don't hare anything solid. We have a general idea. My personal feeling is that I woukldl prefer building of a secondary treatment ourselves than after waiting and hanring the sewer board do it. If we are concerned with costs, we have a little conntrol that way. • • (July 21, 1969 - continued) • • Mr. Banister: In order to make this project eligible there are some mechanics - Number One - fill out all these foolish certificates of compliances and all the other stuff that goes with it - the United States Department of Labor wage rate, that wage rate has to be applied for. To make this some time in September or October we should take applications for that wage rate. Then the time the contract is awarded not more than 90 days after that wage issue determination. This is a federal law of the Davis -Bacon Act. I would like to get this set in motion if it is your intent to get this. Councilman Melstrom: I have come to the conclusion that we are going to have to comply with the order of the Pollution Control Agency's order. I mu not too satisfied with Mr. Lamm's remarks. They are just generalities. We do not have much choice but to comply with the order. Councilman Wohlerss Is this a State order? Mayor Powell: The Pollution Control Agency says by June. 1971 we must have secondary treatment and they can impose a fine on us if we do not. Councilman Carlberg: I am disturbed on a few points - Number one. I can't see why the State agencies can't get together - the Pollution Control Agency and the Metro Council. There should be a little bit of correlation on the problems that we have. We are in the same position that we were a couple of months ago. Mr. Lamm: Youwill be until we take over. Councilman Carlberg: If they are going to take over these areas in the Twin Cities by 1970, why can't they take us over? Mr. Lamm: These are secondary districts that were written into the law. - Ideally we would like to take everybody over at the same time but this can't be done. Councilman Lammers: I think we will end up in the long run paying more money for our sewage treatment than if we were just left by ourselves and running our own. We are caught in a position where we do not have a choice. Mayor Powell: What is going to raise the cost for the sophiscated plants thatit we will have to have becauseofthe population growth. If we do it today we are going to have that much more control. We are going to relieve some of the. congestion with the Sewer Board. Councilman Cariberg: In this respect I am in full agreement. Mayor Powell: It just happens to fall when you take it over. If it is goings to be your baby in the end, I wish you could take it over now. Councilman Lammers: Do we have the plans? Mayor Powell: They were presented to the old Council. Maybe Mr. Banister could briefly review the plans for the new Councilmen. (Mr. Banister reviewed and briefly explained the plans for the secondary treatment plant) Councilman Lammers: How are the operation plans coming? Mr. Banister: We have started and have applied for a six month extension ands this has been granted. Councilman Wohlers: Are they talki_g about combining the storm water in the future? Mr. Lamm: That depends upon the individual system. Councilman Wohlers: Does the salt put on the streets in the winter have any bearing on this? • • (July 21, 1969 - continued) 363 e Mayor Powell: There is a lot of pollution that gets washed down the gutters. and doesn't get into the treatment plant. Councilman Wohlers: As far as the sewer, I will go the same as John. We hasre no choice. Mayor Powell: You can drag your feet all you want and you aren't gaining anything. We are going to be a part of a Metro system. It'is an uncertainty. This isn't going to change the picture. If the Council intends to proceed 'with this they should at least give Bill some direction this afternoon as to whether or not he can speak for us - "yes" we do intend to meet with the time table e, I don't think we have to set any time for the calling of bids tonite. I thinat we should be setting up another meeting if we intend to do it. Mr. Banister: This should be done to apply for the Wage Determination Rate. Councilman Melstroms I sake a motion that we plan on proceeding with the peroject as specified on the plans that the Banister Engineering Company has prepareet and he be authorised to advise the State tomorrow that we are planning to procene4 and that he apply for the Wage Regulation Rate as necessary and tentatively to snhoot for September or October letting. (There was no second to this motion) Mr. Banister: In order to make the project eligible for a retroactive grantt on any project a government wage rate must be applied for. It takes 30 to 45 edays. Councilman Lammers: Why didn't we do this about a year ago? Mr. Banisters The plans weren't done. Councilman Lammers: The lack of federal funds and any concrete assurance that we are going to get them. I hope we can have better sewage treatment. Councilman Melstrom: One of our problems was the Metro Council. Mr. Banister: A great deal of effort to work out a program between Stillwatter, Oak Park Heights and Stillwater Township, but it didn't work out. Subsequently we prepared a report for expansion of the Sewage Plant in 1966 merely to be ready. The State was not pushing you at that time. It wasn't until the Stone started to push before you went ahead with the plans, so the plans were comppleted and sometime in 1968 they were completed. They have now been approached by the Pollution Control Agency and you have been granted a permit to proceed. Thane were three resolutions that were passed for this. If you were to apply for a grant and not proceed, you are putting yourself in a prejudicial position. Councilman Lammers: There are two big problems - in our grant and our statues with the new district as setup. Councilman Carlberg: Do you have to let them know something tomorrow? Mayor Powell: If it were asked, do we intend to continue, he could say thatf we intend to continue and we are proceeding under the time table that was sent. I would say that prior Council action, this voids this Council action, previfiously "we were going to go ahead and build this. I think we should consider this ffavorably. Councilman Lammers: I don't know if this is indicated, our intention to go ahead but our construction is contigent on receiving our federal grant. Mayor Powell: The question whether we got a grant or not. If we didn't get a grant, we could still be reimbursed for what it cost us. If we do go ahead„ we do have a better chance of getting a grant. Mr. Lamm: Other communities are going to outstrip you. Mayor Powell: We have to anyway. Councilman Wohlers: We are in a bind. Mr. Banister: Under the priority rating there are certain things that are aced. (He cited the various points that are available for the various steps involvatd in these projects). He stated that we are behind the eight ball with 11 points s, • • 64 (July 21, 1969 - continued) Mayor Powell: Regardless of whether it is Metro or whether it is local, it is still going to come out of our own pocket. That is why a grant is nice. If they tell us to do it, we will have a better chance of getting a grant. Mr. Lamm: The only item is the time of take over. Everything else is required by law. We can take the Stillwater plant after 1971. Councilman Wohlers: What is the take over? Mr. Lamm: Taking over the bonds of indebtedness, take over all the facilities,. taking on the full time employees of the treatment plant operating and main- tenance of that treatment plant and from that time on. The only question is when we put you out of business - after January 1970. Actually I don't see how we can't go full speed because the legislature is going to be looking at us in 1971. The legislature will not take it kindly if we drag our feet. Due to the many problems of taking over we can't at this particular time set up a schedule. However, at an early stage, there will be a schedule and hopefully it will be strictly adhered to. It is possible that you can put off your first payment for the first year. Mayor Powell: If you decide that the sewer is going the other way, you take over our plant and build an interceptor and go the other way and we pay for that also. Mr. Lamm: Hopefully that will not be until after 1985 and that they will divert the flow. Councilman Lammers: The Council wouldn't have to approve of a plant that doesn't get rid of the solids. Mr. Lamm: In attendance at both the Referral Committeemeeting and the full meeting of the Metro Council they were convinced that this was confirmed with the Metro Council plan for the sewage plant to be completed. Councilman Melstrom: I don't see how we can sit here and wonder about this thing. Mayor Powell: If this Council would just forget about the Sewage Board and not worry when it will be taken over or if they will ever be taken. If we proceed, we have a better chance of getting a grant. Councilman Melstrom: We are jeopardizing our priority by stalling on this. Mayor Powell: We have gone through this before except that we were't concerned whether or not we would get a grant. I still feel that we would. Mr. Banister: This is a subject of Congressional appropriation each year. Mr. Lamm: There is more noise coming out of Congress about boosting up this Water Pollution Control budget for this fiscal year but a number of the Senators and Congressmen have been speaking about boosting this grant. Mr. Banister: If more money is appropriated, you will have a better chance. Some states have not been able to use up their appropriation and it is kicked back and redistributed to the other states. Minnesota has had an increase, Wisconsin has had an increase. Mr. Kimmel: How may years will be involved here for an ultimate solution of this area? Mr. Lamm: This will be a matter of years, a matter of months. Metro Sewage Plants that are taken over must be approved before being taken over. The other solution for this area is to pick up the sewage to divert it to some place down: South. It was expressed by the staff Referral Committee to the full Metro Council that this is the solution for the foreseeable future no question as far as the Metro Council is concerned. Mr. Kimmel: By the first of the year whether or not we will know ultimately which way we will go? a (July 21, 1969 - continued) 365 • • .n" Mr. Lamm: By the first of the year we will know exactly what is going to happen. There is no question that the Metro Council Sewage Treatment is "x" number of years. These determinations have not been made. The size is more than adequate for your needs right new. Capacity to serve you for the next twenty years. This is the way for the plant to go. Councilman Lammers: Is there any possibility that there must be only one plant in the St. Croix Valley and two will have to discontinue? Mr.Lam: Oak Park Heights has just built their Treatment Plant. Unless there is enough degraing of fiuents they would be diverted from the other two plants to pumping into Stillwater. Councilman Carlberg: This meeting you have tomorrow. why is it so important that they have a definite answer from you one way or another? Mr. Banister: The meeting tomorrow is between the Federal Water Pollution Comitrol and between the states of Minnesota and Wisconsin and you by resolution direected me to go. It is not my idea to go. If I am going to represent the City of Stillwater, what am I going to say. This is a decision that has to be yours and not mine. Councilman Carlberg: There are many problems. I would like to think about tt. There is a lot of stuff that we discussed here. There are still a lot of questions in my mind here. Councilman Wohlers: We put in this plant as an example. You are not going tto take it over for a couple of years. If we pay on these bonds, they will be for the metro area. Mr. Lamm: The • way would be to take over everybody at the same time.. We will take over the Southwest area and they might be operating those areas ducring 1970. Anoka might come in later, then the southeast service area. When youu come in, that is when you pay. I don't see how that can happen that you would bee paying for both. Mayor Powell: With the resolution that this Council and previous Councils haste passed applies to this meeting and the fact that the new Councilmen weren't aware of these resolutions that by waiting, we will nullify the action taken,. The pattern that we have to take is clear. We are almoi comitted. Mr. Kimmel: You are committed to build the plant but I don't think that you are legally bound by your past action. You are bound by the orders. You are not making the decision this evening. You don't make the decision until you award the bid for construction. Our plans are completed and we are progresssfing according to schedule. Mr. Banister: Frank is going to the meeting representing the Metro Council.. Councilman Melstrom: How long to build that plant after we start? Mr. Banister: About 18 months after materials are here. With the delivery ocE materials I think you are going to allow a minimum of 18 months. Councilman Melstrom: If we put it off,now, it will almost run into another year of different wages. Mr. Banister: All the building trades signed a three year contract, and building materials have gone up 20%. We have to at a 5% minimum. Councilman Melstrom: Even at 5% that is $30,000 added to the cost. Councilman Lammers: It seems that all is not lost by waiting some longer period of time. We would award the contract and not get in trouble with the order. Councilnan Carlberg: I think we can progress according to schedule without definitely committing ourselves. • • 366 (July 21, 1969 - continued) Mayor Powell: Would you like to have him proceed with the Wage Rate Determination? Councilman Lammers: Definitely. Mayor Powell: Then if we do that then we are doing what he is asking for tomorrow. We are going ahead with the idea of keeping it on schedule. Councilman Lammers: This is merely preparation work but it is something if we wait another month or two. Everything we can do we should. Councilman Wohlers: There is a state of confusion as far as I am concerned. Mayor Powell: Let us give some direction to Mr. Banister. Councilman Carlberg: I move that Mr. Banister apply for the Wage.. Rate Determination figures. Councilman Wohlers seconded the motion. (Councilman Melstrom opposed this motion). On motion of Councilman Lammers, seconded by Councilman Wohlers the meeting adjourned at 6:15 P. M. • 367 e COUNCIL CHAMBER Stillwater, Minnesota SPECIAL MEETING The meeting was called to order by President Powell. August 7, 1969 3:00 P. MM. Present: Councilmen Carlberg, Lammers (arrived at 3:10), Melstrom, Wuhlers and President Powell Absent: None Also Present: City Administrator, Brower; Assistant to the City Administrator. Loland: City Attorney, Kimel,Consulting Engineer, Duane Ellilott; Superintendent of Public Works, Shelton STREET CONSTRUCTION FOR 1969 Duane Elliott: On Tuesday night there will be two things coming up - the hearing on the Streets in the Fairmeadows area and the advertising for bids for the other street projects for 1969. The policy in the past has been that the City pays 25% of the cost of the streets. T & L are getting stuck with 100% for all of Fairseadows No. 3 but what formals are you going to use for the parties in Fairmeadows No. 1 that will have to `be d. It will be confusing to have two formulas for this work. Mr. Kimmel: This is the Council's determination - Crestwood Terrace is being; d 100%. Duane Elliott: We will proceed on the basis of 100% assessments. Mayor Powell: What is the ruling on this? Our policy is 25%. It is 25% siasply because of previous Council action. City Administrator: Absolutely. Mr. Kimmel: You can assess to the benefit that the property is benefited, which means you can assess the entire cost. City Administrator: You can assess at least 15%. Mr. Kimmel: If you want to Bell bonds under Chapter 429, you have to aesesse 20% without an election. This is under the State Law. Duane Elliott: On Tuesday evening I was to give a status report on the streets and I would like to give that now. We will have plans completed on the statists along with the streets and utilities for Fairmeadows. If we can do these altogether. this is good business as it will make a larger package. The complication iss that you have to set up some priority for work. William Street, Lake Drive, Brick. Seeley and Willard we would try to get those in this year and in the Fairmasdows area maybe Crestwood Terrace. Mayor Powell: Are you talking about Fairmeadows and our own work? Duane Elliott: Yes, that is the matter of keeping the cost down. Mayor Powell: The priority is getting our work done now. (Mrs. Elliott has a copy of the plans for all of this work and showed and explained it to the Council.) • (August 7, 1969 - continued) • • Mr. Elliott: I think we should drive out there and see the real problems in regard to the Pine Tree Trail construction. I would like to show you this problem. The width of this street goes from 60 to 25 to SO to 30 and then to 50. we need a minimum of 50 feet for a 32 foot wide street. You have to have storage for snow. It is better to face that problem right now and get that right-of-way. Some of the property is out Of the City. It is not a plat - it is a meets and bounds area and a portioO of the lots set aside for street work. Mr. Kimmel: I think I gave you some information that Ron had given me and I gave it to Rod Lawson. Ron didn't think there was conflict on this. Councilman Lammers: Shouldn't this have been platted originally? Mr. Kimmel: This has all coma in fairly recently. Councilman Lammers: Couldn't we make them acquire the necessary right-of- way? Mr. Kimmel: The real problem is where it is platted. This is kill's Lily Lake Addition. This is farmland. Councilman Lammers: Isn't this road a part of the plat? Mr. Kimmel: It showed as an existing roadway and not a platted street. They platted it up to the existing roadway. Mayor Powell: I can't understand how we got sewer out thereWithout a plat. Mr. Kimmel: The request came when building requests were made. As far as easements are concerned I really don't know. I believe it hasn't been conveyed. This is nothing in the City's record. Councilman Lammers: Row do we propose to finance the acquisition of this? Mr. Elliott: It is a tough problem when you are assessing and you are taking something from them. Mr. Kimmel: There are soma real problems in acquiring the sight -of -way in this particular area. Mr. Elliott: We are proposing to take a maximum of twenty feat. You could waive the setback when they build. I think we have got to sae this in order to appreciate it. As soon as you build a street and you put a street in. you are taking about a storm sewer. Most of the water would have to cross Lake Drive. We will go down between two properties to discharge into Lily Lake. If we call for bids on Tuesday, we will have known facts. This does not have to be built this year but put into the contract and some of these things be resolved during the winter. You could build Lake Drive without the storm sewer for Pine Tree Trail. Councilman Lammers: Aren't we putting ourselves a little behind the eight ball on this? Mr. Kimmel: This roadway is a very old roadway. It has been a road forever - a 30 foot roadway. Mr. Elliott: Weren't some of these things mentioned at the public hearing? Mt. Kimmel: Ron and I had gone up there before the public hearing but nothing was said at the public hearing. Mr. Elliott: It was a fairly quiet item. City Administrator: I believe the people in this area who have asked for this project be called in and you explain to them why it can't be done. This is the least you can do. • (August 7. 1969 - continued) e e 369 Mayor Powell: we should have a meeting with Mt. Benson to get a lot of these things cleared up. Just because we haven't accepted a plat and that he furni_+h us with one even though it is late. He is going to continue to develop this: property. I think this is an important part. Mr. Kimmel: These properties have been conveyed to these people and then enmeshed to the City of Stillwater and then the piece came in. Mayor Powell: Jack can you recall when he wanted sewer out there? we got thus sewer out there and somehow or another nobody came to Mr. Benson that he had to have a plat and he sold it as he wanted. Mr. Elliott: Our surveyor went to the County Auditor's office to get a drawi:.ag of the area. This is on the half section map, Jack. The two did agree. Jack Shelton: Yes, as a parcel of land with the acreage. A mistake was made, some place that you don't have a plat. City Adminidstror: Mr. Kissel and I have talked about asking Mr. Benson to cols to my office and we could at least talk about this. He was very agreeab:d.e and I asked him to pl jet us know by phone when he can do this. Be hasn'tt. done this. Mayor Powell: The City Attoraey should send a letter to Mt. Benson to inform him that he is in violation of our Sub -Division Ordinance and get some clarification. Mr. Elliott: Whether it was wise to get it in before the receipt of the bids. I do not know. Councilman Carlberg: I don't think it is very feasible. Councilman Lammers: My feeling is that unless these people are willing to cooperate with the City we shouldn't take our time and further that we shouldra*t issue any more building permits out there until this is resolved. Mayor Powell: If we have to Pay for acquiring this property and some for Orleans we are running into a lot of additional money and I don't see how we can do thtim. we'should have a meeting with the people and tell them of the problem and if tth.y are willing to get together and deed this land over to the City, then we can Hp ahead. Mr. Kimmel: All of the hots ses are where we won't have any trouble in getting the property. Mayor Powell: Emerson hewer is going to fight it. Councilman Carlberg: on the storm sewer that would run down into Lily Lake. Mr. Elliott: Down Lake Drive between two houses. I don't know if people will be too happy with storm sewer outlets by their houses. Councilman Carlberg: if you put in Lake Drive, is there any way that we couldd put in that piece of pipe there? Mr. Elliott: We could at least lay the pipe and then we can put in Pine Tree Trail later. I think if the Council sees fit you should call for bids on Tuesday night. The meeting adjourned at 3a 30P. M. at which time the Mayor, Council Members nand other persons attending this meeting went out to look at the problems involvedhl in these projects. Attest: City Clerk Mayor • 370 COUNCIL CHAMBER Stillwater, Minnesota REGULAR MEETING August 12, 1969 7:30 P. M. The meeting was called to order by President Powell. The opening prayer was given by theAssistant to the City Administrator, Mr.. Loland. Present: Councilmen Carlberg, Lammers, Melstrom, wohlers and President Powxsll. Absent: None Also Present: City Administrator, Brower; Assistant to the City Administrantor, Loland; City Attorney, Kimmel; Police Chief, Abrahamson; Firr, Chief, Cormier; Building Inspector, Lawson; Parks and Rscrsa:,tion Director, Blekum; Superintendent of Public Works, Shelton; Consulting Engineer, Duane Elliott Citizens: Mt. & Mrs. Noel Breault, Howard Albertson, Edward Davidson, Mr.& Mrs. Maynard Nelson, Mt. & Mrs. Harold Pauley, Nicholas Nelson, Howard Costello, Dr. Fred Ralinoff, Jack Sharing Gerhard Willie, Lester Metz, and about 40 other citizens. Press: St. Paul Dispatch - Jim Brode Gazette - Roger Gratiot UNFINISHED BUSINESS (out of order) This was the day and time set to open bids on RETAINING WALL RESTORATION AT 114 East Linden Street. The Clerk read the advertisement for kids aloud; Mayor Powell inquired if ti:h,e advertisement for bids was published, and the Clerk informed the Council thaet the advertisement for bids was published in the Stillwater Evening Gazette, official newspaper of the City on July 29, and August 5, 1969, and the Construction Bulletin on July 24 and July 31. 1969. The following bids were then opened and read aloud: Bid No. 1 Berglund -Johnson, Inc. Excelsior, Minnesota Bid Bond Total Bid $8,440.00 Bid No. 2 Junker Landscaping Stillwater Certified Check Total Bid $6,000.00 Bid No. 3 Orvedahl Construction, Inc. Minneapolis Bid Bond Total Bid $9,200.00 • (August 12, 1969 - continued) 371 • Bid No. 4 Krueger Construction Co. Circle Pines, Minnesota Bid Bond Total Bid $5,800.00 Bid No. 5 First Minnesota Construction Co. St. Paul Bid Bond Total Bid $6,770.00 On motion of Councilman Lammers, seconded by Councilman Meletrom that the bide be referred to the Consulting Engineer and City Attorney, Mr. Kimmel for a recommendation at the meeting on Tuesday, Avast 19, 1969. This was the day and time set to open bids on the Sale of Seed Air Conditioners.. The Clerk read the advertisement for bide aloud; Mayor 9o011 inquired if the advertisement for bids was published, and the Clerk informed the Council that thus advertisement for bids was published in the Stillwater wooing Gazette, official, newspaper of the City on July 29, and August 5, 1969. The following bids were then opened and read aloud: Bid No. 1 Bid No. 2 Bid No. 3 Richard Plattner, Jr. 308 South Main, Stillwater Check Deposit Total Bid - Nona $101.50 John Hinz Stillwater Cash Deposit Bid. on Welbuilt Leonard Kern Stillwater Cash Deposit $51.50 Bid on Fedders - Mitchell $21.00 Bid No. 4 Leighton Johnson Stillwater Cash Deposit Bid on - Nema $100.00 - Welbuilt $ 25.00 - Fedders -Mitchell $ 25.00 On motion of Councilman Carlberg, seconded by Councilman Lamnere that the bids be referred to the City Attorney and City Mechanic for recommendation and report back to the Council at their next meeting on August 19th. Some discussion was held regarding having the City Mechanic go over these bids since he did submit a bid. Councilman Lammers withdrew his second and Councilman Carlberg withdrew hie motion and made the following motion: That the bids be referred to the City Attorney and the Superintendent of Public Works for a recommendation and report back to ;:he Council at their next meeting on August 19th. • • (August 12, 1969 - continued) • • This was the day and time set for a hearing on the proposed bituminous surfacing and concrete curb and gutter in Fairmeadows No. 3 and certain perimeter streets. The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and mailed to the property owners and the Clerk informed the Council that the notice for hearing was published on August 1, and August 8, 1969 in the Stillwater Evening Gazette, the official newspaper of the City, and mailed to the property owners on August 1, 1969. The Mayor then opened the hearing. Councilman Lammers: Duane, as I understand it the petition that cam before the Council recently includes other roads or are they going to be held over until next year? Duane Elliott: If the Council proceeds with this improvement, it would be included with other streets on which the hearings have been held. This makes a larger package. To include any additional streets in this project would delay the calling of bids on these projects and delay any of these streets this year. The utilities and the base work will be completed this year and the balance done in the spring. Councilman Melstrom: Your recommendation is we act on this at this time. Mayor Powell: Actually when the petitions were filed with you, it was more or less an emergency that these streets be done this year. Maynard Nelson 2316 Oak Ridge Road First of all you make reference to the fact that Darrell Drive won't be included in the bituminous surfacing and I would like to ask what the width of the street will be and I have a slope and how would it be levelled off or sodded? Mr. Elliott: Fairmeadows Road is included to the Westerly boundary limits of Laurie Lane. Darrell Drive is also included from the Center of Fairmeadows Road to the southerly boundary line of Oak Ridge Road. East of Laurie Court was not petitioned for at this time. Mrs. Maynard Nelson: How about Darrell Drive? Mr. Elliott: This is included between Oak Ridge Road and Fairmeadows Road. Mayor Powell. This is all to be paid for by one property owner as I understand it. Mr. Elliott: There are a few other property owners in this particular area. Nr. Nelson: We are one of these parties. Mr. Elliott: That party does front on this street. The street will have curb and be a 32 foot wide street. It will be the same type of curb as on Laurie Court. The general slope will be toward the street. I found there are trees or other factors that can be notified in the area. Mt. Nelson: We have a fairly good slope. Would that have to be cut? Mr. Elliott: I do have the cross -sections here. Perhaps we should look at your specific property alone in the other room. Harold Pauley: Is that cement curb and gutter? Mr. Elliott: Yes, sir. The Mayor then closed the hearing. On motion of Councilman Carlberg, seconded by Councilman Melstrom a resolution was introduced ordering the improvement, approving the plans and specifications and directing the Clerk to advertise for bids returnable on September 4, 1969 at 4:30 P. M. (see resolutions). • e • (August 12, 1969 - continued) The Administrator received telephone calls from property owners residing on Pine Tree Trail on August 11, 1969. They stated that they had heard several" rumors over the weekend in connection with the proposed improvement of Pine Tree Trail. The Administrator informed these people what has taken place to date and that if there were any further questions in regard to the matter thrust they could appear before the City Council on August 12, 1969, at which time the Council would probably direct the City Clerk to advertise for bide on severest street projects. Mr. Nicholas Nelson 811 Pine Tree Trail Will somebody explain what the problems are? Mayor Powell: We will ask Mr. Elliott to explain this. Mr. Elliott: Pine Tree Trail from Pine Street sou£nto its most southerly liieits and the street varies from 25 feet in one area, 50 feet in another area and '60 feet in another area. The abutting property to the right-of-way was developer" this way. I£ you noticed stakes out there, they were put there to give the :Council an idea what the problem was in this area. I think that it could become mores difficult in the future for future possible building to find an equally goodl Line to this. There ie inadequate right-of-way at the Denson location and the moaner farm house on the corner. The line we have chosen will work. Mr.Nelson: Most of the property owners are in favor of proceeding and would like to have this done this year. Mayor Powell: When the Council was out there the general feeling of the Couna:il was that the City cannot afford to buy a right-of-way. If any right-of-way ibe purchased it must be d back to the parties. In order for a street to go in some areas it is going to have to be a meeting with the property owners, as hearing or another meeting where we can resolve some of these problems. Some of the land was taken into the City without a plat being submitted. However, that's is an incorrect procedure. We are going to have to talk to Mr. Benson on these. It is the feeling of this Council that they cannot spend City money for somet_h"ng of that nature. There are some people that are not willing to donate the right-of- way. There is a little bit of a problem. Howard Costello 1007 Pine Tree Trail I am one of the five families in this area. and we are in favor of it. In thee spring we have to walk a couple of blocks. It would be much to our advantages to get this road in as soon as possible, and if we could get results through a psublic hearing. Mayor Powell: Some of these problems we were not aware of until the engineer -went out there and saw this. City Administrator: i believe that the meeting that you were out to view thi:.s condition. there was action taken by the City Council to invite the people to. attend a meeting next Tuesday. Our secretary can mail out notices on this. Mayor Powell: I would like to see a 100% turnout. Sone are opposed to it. /Every- body should be in attendance. Mr. Elliott will have the map and you can see :it is quite a problem. Mr. Elliott: I would like the Council to consider putting a provision in the contract to single out Pine Tree Trail as an alternate that can be withdrawn Cron the contract. This is the only basis on which this contract can be let this rear. Councilman Lammers: I was under the impression that we had the hearing on thins road and ordered the improvement. Mr. Elliott: That is right. Mayor Powell: It is somewhat different now. Mr. Kimmel: There was direction to approve the plans but the hearing wasn't ordered. 373 • • 374 (August 12, 1969 - continued) e • Councilman Lammers: This is an informal meeting with these people. Mr. Elliott: I was asked to get the plane on the other streets and I gave my recommendation earlier on the Fairmeadow projects. Mayor Powell: You would recommend that we set the date for advertising for bids this week rather than next week. Councilman Melstrom: Does that include Pine Tree Trail? Mayor Powell: This could be eliminated if for some reason an understanding couldn't be reached. Mr. Elliott: The work on this street could be deleted. Mayor Powell: After this hearing on the 19th and we do come to something eoncreete, perhaps the people who have picked up bids could be informed on this. Mr. Elliott: It is better to get it in the package and we will have to wait until next year if it is not resolved. Mr. Elliott: In order to get proper drainage from Pine Tree Trail we will haves to go down Lake Drive and go over several pieces of property. Councilman Lammers: Do we have enough before us now to make a motion or is there: further information? Mr. Elliott: I have the plans and specifications here for the improvement. These can be accepted and you can call for bids. Mayor Powell: At the time of the hearing on these streets there was no mention made about this. (sewer lines down across Lake Drive). Mr. Elliott: Mo. Mayor Powell: I think these people should also be notified. Councilman Lammers: What other streets are we talking about? Mr. Elliott: Local Imp. B79 - William Street fromWest Myrtle to West Olive Street Local Imp. B80 - Lake Drive from West Willard to Southerly Dead End Local Imp. 884 - South Brick Street from West Pine Street to West. Willard Street - South Seeley Street from West Pine Street to Walt Willard Street - West Willard Street from South Brick Street to South Seeley Street Local Imp. 7078 - Pine Tree Trail from West Pine Street to Southerly Dead End. and also the utilities Local Improvement $86 and street work Loca:,L Improvement S87 for Fairmeadows No. 3. We would advertise for bids with the provision that Pine Tree Tra::LL be an alternate. Councilman Lammers: We got a recommendation from the former Engineer that we proceed with all these streets. Councilman Carlberg: You are including Crestwood Terrace in this. Mr. Elliott: Yes. Mayor Powell: We are putting Pine Tree Trail in the package so if it is resolved., it will be included. If it is not resolved, we will ask the successful bidder too delete this street. Mr. Costello: Will another public hearing be necessary? Mr. Kimmel: No. • (August 12, 1969 - continued) 375 • • Mayor Powell: The problem is the right-of-way. We are trying to do it all. If it works out and it will, all will be done in this bidding. Councilman Lammers: I move that we go ahead with the street program as Mr. Elliott has laid it out and open bids on September 4. 1969 at 4:30 P. M. Councilman Carlberg seconded the motion. (all in favor). (see resolutions) APPLICATIONS On July 28, 1969 the Administrator received a letter from Noel F. Breault requesting a special meeting of the Council for consideration and determination of his applications for Liquor Licenses which are on file in the Administrator'ea office. Mayor Powell was of the opinion that special meetings of the Council should be called only :in the cases of emergencies. The Mayor feels that business of this nature should be considered at regular meetings of the Council. The Administrator received a letter from Howard R. Albertson on August 5, 1969 requeting or place the r of he of the Grande Cafe for tLiquor LiLicenses ton the agenda mfor eTuesday. Augustan the 12, 1969. Two applications were submitted to the Council for Liquor Licenses - one from Mr. Breault and the other from Mr. Ralph Otte. At a previous Council action the matter of Mr. Otte's application was referred to the Planning and Zoning Commission because a license could not be issued to Mr. Otte until his present location was rezoned for the sale of liquor. The Planning and Zoning Commissions reported to the Council that they were not in favor of rezoning Mr. Otte's location so that liquor could be sold there. Other action taken by the Council in regard to this matter was directing the Citty Attorney to check with the Liquor Control Commission based on the assumption that the population is over 10,000 and if the Liquor Control Commission would allow :am additional five liquor licenses. A memo was given to Mr. Kimmel on July 21, 1969 on the question - "If the City could issue additional licenses based on the assumption that our population had( reached 10.000". Mr. Kimmel reported to the Administrator as follows: "No. Availability of our licenses is based upon our classification and our classification is based upon our official census. The City could have taken a census in 1965 but apparently chose not to." Police Chief: No objections to the law - no record. nted thehad a question - in essence ilicensef a would GrandCafe thatthis wouldn't necessarilyhaveany adverseeffectbe aon then liquor license that is at the Annex. Howard Albertson: The Liquor Control Commission today sent an agent to stillwafter at my request, we met at 8 o'clock at the Grand Cafe and Mark Christian from tibe Annex. The agent feels that there is no objection to having two licenses in the same building. There is a lease being negotiated now. I feel a lease could be negotiated between the two parties which has expired. I am sure this Council would not want Mr. Breault to sign an unreasonable lease. Councilman Carlberg: I agree with Mr. Albertson that any lease that is involvned is no business of the City Council. I do think that we should take some action concerning the Planing and Zoning Commission's action being against the chang(Lng thliq ink f the ity soethatuor bondary thiss matter limits iscleared uphnow,iratherCthan leave lwill it half -way open. lit. Councilman Melstrom: I appreciate Mr. Albertson's position and he is not acquainted with our ordinance. I think we have a problem. I can't in my own mind that gives us the power to set this thing up because we have eight or tens fellows on the Planning Commission and five of us on the Council. It should boe up to the people in the City of Stillwater and that we have a hearing and let them decide. We should move these around. • • 376 (August 12, 1969 - continued) • Mr. Albertson: I do have some people who feel very strongly that we get a liquor license into the Grand Cafe and when Mr. Breault asked me to speak for him at this meeting, I readilly considered it. I know how much the Grand Cafe means to our Main Street area. There are many people who do feel this way. These people do have a considerable investment. This is one of thee reasons for the granting of the license on South Main Street. We feel that it is very important to the downtown area. Mr. Roberts from the Liquor Control Commission investigated the application and bonds. Mr. Breault took great pains to go over his plans with the Lions and Rotary Clubs. Mr. Roberts finds there is absolutely no reason Why a license couldn't be granted to Mr. Breaullt. In addition to that I asked John Condon to be present and Mr. Condon couldn'ttt be here but Dr. Kalinoff is here to answer any questions in reference to the Planning and Zoning Commission. One of you expressed some desire for some recommendations. We do have some recommendations for these people. (At this point Mr. Albertson read letters from the following parties recommending that the Council grant these three licenses to the Grand Cafe). First National Bank, Stillwater, Minnesota Richard Jeans, Reed Drug Co., Stillwater, Minnesota Rube Granquist, Sheriff, Washington County Ed Frye, Ben Franklin Store, Stillwater, Minnesota Dick Kircher, Cosmopolitan State Bank. Stillwater, Minnesota Lyle Anderson, St. Croix Drug Co., Stillwater, Minnesota George Kern, Washington Federal Savings & Loan, Stillwater, Minnesota H. M. Pauley, Pauley Real Estate, Stillwater, Minnesota Emerson Lewer, Stillwater Drug Co„ Stillwater, Minnesota Robert Lange, Kolliners, Stillwater, Minnesota Councilman Melstrom: i appreciate these letters and they are wonderful. I have no objection to Mr. & Mrs. Breault being in business. I do think we are being unfair to some of our business men in the outlying areas. I still think we should consider a public hearing before we settle this thing altogethmer. We do have this obligation to these people. Councilman Wohlers: Dr. Kalinoff, could you tell us why the Planning Board toads this action? Dr. Kalinoff: Five of us felt that there should not be a bar in a residentiaiL neighborhood. Councilman Wohlers: How about Jim Meister's and Happy's are zoned Commercial?' Did the Planning Commission take this into consideration? Dr. Kalinoff: Happy's is zoned commercial. The building is surrounded by famiLlies. It is also true where Neister's are. I know there are four corners and has be..&n commercial and it is a very small commercial district and a very large family district. Councilman Wohlers: I don't want to see liquor any place in the residential areas like Fairmeadows but I do feel this should be taken into consideration. This has been a commercial area for years. I don't think the traffic would be any greater. I don't think any of these anticipate any trouble. Dr. Kalinoff: We also feel that there should be a little study put into this. At the present time we were against this but if you cant the Planning and Zoning Commission to study it some more, we will be glad to do so. Councilman Wohlers: I thank you doctor. I would go along with Myron that we should have a special hearing on this. Mr. Albertson: I neglected to present to the Council two petitions signed by 200 people requesting that a liquor license be granted to the Grand Cafe. I don't know what the City Attorney found out about the extra licenses. I agree with him on the 1965 census. I understand there is going to be a federal census& which is going to be taken and at that time if there will be additional licensers available by the time these public hearings will have been held. i feel very strongly for the need of a restaurant where the Grand Cafe is located. I don't. want another vacant building on Main Street. I want this restaurant to operate and to operate profitably. I think it is expedient and I respectfully hope chatt If OM • • • (August 12, 1969 - continued) e 377 you act favorably on these licenses because I do feel that it is rather urggent because there is one available and we will protect this large investment. I sincerely hope the Council acts favorably on the application. Mayor Powell: I have a question to ask the Council. If at our next census that we find that we are in excess of 10,000 people and have five additional licenses, the first question if we had licenses available would the Council then feell that they would issue five licenses, and if they did if licenses were available would they vote favorably to extend the boundaries of the area so it would be leggel to sell liquor in the residential area. This could probably come up. If the Ilicenses were available, then we would have to change the laws if we were to give threat to areas other than the downtown areas, if the Council feels it would pass an amend- ment to our existing ordinance? Councilman Carlberg: If we do get five more licenses, I am not in favor o$ issuing all five licenses. I think we should be a little bitdiscriminator.p in granting these licenses. As far as liquor on the hill right now I am against it. I agree with Councilman Melstrom if the people in the City are in favor, thrmre is no reason why I should vote against it. I feel now according to the actions of the Planning and Zoning Commission any action in making a decision would not bes determined if the first of the year at which time we will be over the 1O,000G population limit. I would be in favor of issuing a license to Mr. Breault.. Councilman Melstrom: I feel there is going to be considerable demand for the licenses when they are available and the public pressure is going to be suck& es we had tonite and we are going to be compelled to issue those licenses. I aum sure we are going to have to issue these licenses. There are only two areaus in the City outside of the downtown area that could possibly qualify for a liceemse. If we stick to the Commercial Zoning there are only two that could operate sand stay under the law. As I said before I have no objection. I appreciate the facet that Mr. & Mrs. Breault are working in Stillwater. I think the people ought to iimsist on a hearing. Mayor Powell: I feel if we reach 10,000 that it would be very difficult to get the next license and I feel if there was an amendment to the ordinance I wouald vote "no" on it. I think we have a downtown area and if somebody that is interested in a liquor license, they could go downtown. You can't just limit it to two places and can't give only two. Councilman Melstrom: What I am referring to would be the areas zoned Comeencial at the present time - South Fourth and Churchill, and Laurel and Owens. Councilman Wohlers: I am sticking to my guns to the two areas on the hill. Mr. Breault is going to put a lot of money into the Grand Cafe and Mr. Gozzi hams put in a lot of money. You have got to put in an investment and run a good businness. I think this is one way you can hold this down. The people are worried above* the value of their property. lid Davidson: This license is available now. This others could go on and on.. Councilman wohlers: I stated I was against him before but I am in favor of it now. Councilman Lammers: I don't think that we should close the door on this &emending of the ordinance. Possibly in the future if we extend the boundary, there might be other areas that we might want to change. I do agree with Councilman Carrlberg that it seems that we have only one item before us that we can act on and tint is the Grand Cafe application. I believe that we should study the overall ("problem further and that there will be further licenses available in the near futures. I would like to see us persue the ordinance further in the future. (The Mayor declared a recess from 9:05 to 9:15 P. M.) Councilman Carlberg: In consideration of all that has been discussed here Doctor to the recess, I would like to make a motion that we grant the liquor licensees as applied for by Mr. Breault. Councilman Lammers seconded the motion. (Councilman Melstrom abstained from: voting). (The Council did not take action on the Ralph Otte application for regular "On Sale" and Sunday Liquor because the location is presently out of the district allowing the sale of intoxicating liquor.) • • • 378 (August 12, 1969 - continued) COMMUNICATIONS From the State Civil Defense Area Commander regarding the certification of Mr. Dean Charlsen, Civil Defense Director for 1970. (read - no action). From the Pollution Control Agency regarding Federal Sewage works Grant Application. (copies mailed to the Mayor and Council on July 30, 1969. (read - no action). DELEGATION OR INDIVIDUALS The three former firemen who applied for Volunteer Firemen positions were present at this meeting along with severalother Volunteer Firemen. e l FirerChie land thesldapplicant ts. Wetwouldfhave aomeetinag tothe establish a policy. Councilman Lammers: This just came to our attention this evening. I think especially with John and I there is certain background information that we would like to acquire. Mayor Powell: We will meet on Wednesday, August 20, 1969 at 8:00 P. M. This will be the Council, the Fire Chief and the applicants. Jack Sheric: Can some of the Volunteers also attend? Mayor Powell: Yes, that would be good and we could have an informal discussion on this matter at that time. PETITIONS A petition signed by six property owners requesting blacktop improvements on South Brick from Olive to Pine and Oak Street from Seeley to Hemlock. On motion of Councilman Melstrom, seconded by Councilman Woblers the petition was accepted and turned over to the Engineering Depart- ment for a feasibility report. (see resolutions). A petition signed by 13 persons in the vicinity of 1116 North Second Street ing Northaining Second Streett he thatlse takesdplaceless in latevevening and earlthe y morningts of . This problem has come to the attention of the Police Department several times and Chief Abrahamson reports that many trips have been made to this location but when the police arrive, apparently the noise and commotion has subsided and, therefore. they are unable to place any charges against these people. However, the Police Chief e Administrator hat he ill double the has whatever rstepshare necessary totcorrect weffort the complaints as set forth take in the petition. Police Chief: We have made arrests up there. There are Hippie type people who have bought the house jointly. They live a different type of life than the people in the neighborhood believe in. I do not believe as a Police Department we can do much more - we get calls and when we get there the action is over. I have been up there at least 15 times and have had a stake out up there. There are some hard feelings up there. I told the neighbors if they want to sign a complaint for a speeding violation, then our department could take care of it. Our department is not that big that we can sit in one neighbor- hood. This neighborhood is not quite as bad as South Sixth Street. We have made nine arrests on South Sixth. I have talked to this gentleman's wife and if we have to go to court, we will have to have a signed complaint. e • • (August 12, 1969 - continued) e 379 • IWO Mr. Gerhard Wille: I think the thing that it most annoying is the morality, but it is at three, or four or five o'clock in the morning of speeding. Can they be arrested? Police Chief: Yes. Mr. Wille: Then I will sign a complaint and appear in court. CITY AD MISTRATOR'S REPORT 1. We have had several complaints about the condition of Fourth Avenue Southt. This area has been a maintenance problem for several years. On July 25tht6 Duane Elliott, Jack Shelton, Howard Hagen and myself viewed the problem area for the purpose of finding a solution. Mr. Metz who resides in the area was also present. All present agreed that a hot mix bituminous material could be applied to the present rock and gravel base and that a gutter constructed of the same material would be a satisfactory job and much less cost then concrete curb and gutter. It was also agreed to recommend to the City Council an assessment of about $1.00 per foot and tthe City pay the difference from the permanent improvement fund because the property abutting the project on the East side would receive very little,, if any, benefit. Total estimated cost is $1,500.00 to $2,000.00. City Administrator: Some are in favor of a petitionand going through a hearing. The people that we talked to feel there are more people . opposed than for it. The people for it are in the minority. The job has been stalled for this reason in the past. This seems to be the solution to the, problem at a very nominal cost to the City and the property owners. Councilman wohlers: This is a dead-end street. would that hold quite a t:.ime? Mr. Elliott: The greatest problem is drainage and the steep slope. The City spends a great amount of money maintaining that roadway. This is one of the reasons for the City getting involved. The property on the other side would not need the improvement. City Administrators Mr. Metz is here this evening and they have a problems there. Mr. Metz: One of the problems involved in this is the run off. The watem comes down Fourth Avenue South from a three or four black area. The stress[ crew spends considerable time to repair the street. Right now there are deep ditches there. After every rain the street simply washes out. We fusel that something has to be done about it. Councilman Wohlers: Can't some of that water be diverted? Mt. Elliott: I am not that familiar with the total drainage. Mr. Shelton: We have taken as much as we can away from it. What comes down Dubuque and the West side of Fourth Avenue South. I don't think thatk we take too much from the South of Dubuque. It is the maintenance which rile $444.28 per mile. This just the salaries of the operators.. This could hem almost double for the eight miles of gravel streets if you include the maintenance of the equipment and the cost of new equipment. We are spendiiing a $1,000.00 investment which would seem feasible in my mind. Councilman wohlers: It wouldn't take the tarvia out? Mr. Elliott: We will have to construct it carefully. Mayor Powell: Tonite we had another hearing and we felt that we couldn't afford to spend money for a right-of-way. We are finding somewhat of a lease way to solve the problem. The City can and should in the case of high coast maintenance, the City should go in and order the improvement and do the street right. To solve a local problem at the expense of the City is not right. I personally feel that this is not the way to do it. As soon as yin do this to this particular area, then you must do it to another area that :night have the same situation. We are trying to improve our street program so ti:lm t we can limit our maintenance. I don't think that this is the direction that we want to go. I think we should go the whole way. • (August 12, 1969 - continued) • • Councilman Melstrom: Mr. Metz, has called me on this problem and it is a problem. There was a suggestion that it would be assessed to some not to others. It should be a good improvement and all property owners be d alike. It is going to benefit the property regardless. I think the street should be fixed right and all be assessed. Councilman Wohlers: It is an absolute dead-end street. You don't have a continual run of traffic. If this was a through street, I would be against it. Mayor Powell: Once you set a precident it might cost more to maintain that street until you can do it next year. Where there is a need it is determined that this is beneficial, this would be done. We have other streets that we are going to do that way. Here's another problem - these are heavy travelled streets and I think that the City has to step in and do this for them. Councilman Lammers: I strongly agree with the comments you made earlier. I think this particular street should be referred to the City Engineer for a recommendation for a permanent solution for this (street and I would so move. Also to study all the gravel streets and come up with a recommen- dation. This shouldn't be a big expense to the City. Mayor Powell: It was the plan at the time gravel streets be reduced when work was being done in that area to have all paved streets and reduce present maintenance. The way things are going today, we have to look to every way of reducing expenses. I would hope that we can continue in this way and if we are looking for progress this is the only way we can go. Mr. Metz: I did appear before the Council a year ago. I would hate to see it go on for another year. At that time a petition had been prepared and presented but the property owners feel that they are not going to get that much good out of the street. They are not interested in signing a petition. If the City does have this power, I am wondering if this couldn't be done. It is a very expensive street to maintain. If it rains at night, the street is impassable the next morning. Mayor Powell: Even though blacktopping that in a temporary way would perhaps cut down some expense, simply we would do it for your street we would have the same situation on Ramsey. I think that the time has come when the Council realizes that this is not the right way to do it. The Council then orders these streets be done. The cost is too great for the City to bear. Mr. Metz: Would this be a permanent as any other blacktop street? Mayor Powell: If you put in blacktop without curb and gutter, it just washes away. Councilman Melstrom: Are you well acquainted up on the South hill of Stillwater? Mr. Elliott: I am not well acquainted. Councilman Melstrom: You are going to have to take out rock and it will be rather expensive. Mr. Elliott: The permanent solution would be the curb and gutter. Mayor Powell: Before next Council meeting go up there and look at it. Mr. Elliott: I have looked at it but not in the detail of a permanent street. City Administrator: A permanent improvement in this area would be very costly. Possibly three or four times the cost of any other place in town. This was the reason for the recommendation by Mr. Elliott. Because blacktop is placed on it, it will probably last a long time. • • (August 12, 1969 - continued) 381 Mr. Elliott: My recommendation was related to the cost of maintaining the street. It sets a precident and this is City Council policy. Befoore long we will be looking on a street prngram for next year which will bee Council initiated. If given some opportunity, I will look at some of these streets and see what I can work out. Mayor Powell: What happens before it gets to your place? Mr. Metz: It is blacktop all the way down Fourth Avenue to our house. Mayor Powell: Was it easier to put in the sub -base up above so that yoou did not run into the quarry rock? Mr. Shelton: This was just putting on gravel and tar and patching the occiginal holes. It probably doesn't have any base, It is not a first class street in the modern day. City Administrator: The whole area is not an improveitype of street. Ct is siaply a blacktop street. This will be a tremendous expense to get downs to the rock and put in sewer and water. Councilman Lammers: Couldn't we have Duane look at it and give us his recommendation again? Mr. Elliott: It would be better if I looked at the whole area. Councilman Wohlers: Could you give us a .rough idea the cost to put a reeqular street in there? Mr. Elliott: in all of our reports we recommend soil boring and without: knowing the soil condition, I can't give you the figure. Mr. Kimmel: Whether the Council accept the present recommendation and txitend to asseess only $1.00 per foot, you are going to have to follow the normal procedure. If the engineer wants more time, it will delay the project. Mayor Powell: Could you come up with something for us next week in the vaay of a recommendation - if this be done now or if there is a chance of a permanent improvement. Mr. Elliott: I will report this to you next week. 2. Your administrator apologizes for continually bringing up the matter of m planned street construction and maintenance program, but I feel such a larogram is urgent because the cost of maintaining gravel and worn out bituminous, streets is prohibitive. I discussed this matter with Mr. Duane Elliott,, the City's Consulting Engineer, and the matter was also discussed at a depaatwent head meeting on Monday of this week. Allagree that something should be done to adopt a planned overall street construction schedule. I had planned to present a schedule and plan for Council consideration this evening but dies to varied opinions expressed at the department head meeting yesterday, II feel that I will probably want to revise my recomendation and hope to have ae report for the next meeting of the Council. Mt. Shelton submitted the following report on the maintenance for the unimprovels>reets in Stillwater: "In totalling up the hours for the year 1968 for the maintenance of graveled streets in the City of Stillwater we find that the City has spent the sum of $3.554.20. This was spent on a total of 135 days during the year. With approximately eight miles of graveled streets within the City limits the cost per mile to blade and gravel was $444.28. It is not possible to obtain a breakdown for each ineividual street. as they are not so designated on the work sheets of the street department, but the above figures give one a basis for wanting to improve the secondary streets. • t 382 / e (August 12, 1969 - continued) • • I'm sure that Fourth Avenue South has probably received a fair share of the cost. even though a short street." 3. The Administrator has received several telephone calls from Mrs. Robert Davis complaining about a drainage problem which has existed for several years around the Davis residence located at 1029 Third Avenue South. Mr. Duane Elliott, John Shelton, Mr. Hagen and I stopped at the Davis residence and discussed the matter with Mrs. Davis. Mr. Elliott informed Mrs. Davis that to completely eliminate the problem it will be necessary to construct catch basins and pipe to carry the storm water from the rear yard of the Davis residence, but that the area is quarry rock and this type of installa- tion is costly. Mr. Elliott stated that there are other ways that will partially eliminate the problem and informed Mr. Davis that he would study the problem and try to arrive at a partial solution. 4. The following letter was received from the Pollution Control Agency: Dear Mr. Brower: The plans for a sanitary sewer extension in Stillwater which were submitted in your behalf of this Agency for review on May 26 have been approved, and a copy of Permit No. 6155 for construction and operation of the project is enclosed. One set of the approved plans is being returned to you for your files. Please review the permit carefully and let us know if you have any questions concerning it. (John P. Badalich, P. E., Executive Director) 5. A memo from the Fire Chief requesting Mr. Jack Sherin to become Deputy Chief of the Volunteer Fire Department assuming the duties vacated by E. D. Andrews and recommending a pay increase from $35.00 to $55.00 commencing August 1, 1969 for assuming this responsibility. On motion of Councilman Melstrom, seconded by Councilman Lammers a resolution was introduced approving the recommendation of the Fire Chief to promote Jack Sherin to DeputyChief of the Volunteer Fire Department and increase his compensation from $35.00 to $55.00 per month effective August 1, 1969. (see resolutions). 6. A memo from the Fire Chief recommending the appointment of James Matthew Wille for the Stillwater Volunteer Fire Department. On motion of Councilman Carlberg, seconded by Councilman Wohlers approved the recommendation of the Fire Chief for the appointment of James Matthew Wille for the Stillwater Volunteer Fire Department effective August 1, 1969. 7. A memo from the Fire Chief and a letter from E. D. Andrews regarding the retirement of Mr. Andrews as Assistant Chief of Volunteers effective August 1, 1969. (see resolutions). 8. On motion of Councilman Lammers, seconded by Councilman Wohlers the City Administrator was instructed to write a letter to our Congressmen stating that the Council is opposed to the Mills Hill. 9. A letter from Mr. Kimmel as follows regarding a resolution regarding property assessments: "As I indicated to you recently it is my impression that Chapter 989, Laws of Minnesota 1969, amending certain sections of Chapter 273 of Minnesota Statutes authorizes the County Board to assume full respon- sibility for property assessment in Washington County. This must be implemented by resolution of the County Board and does not take effect until the second assessment date after the passage of the Resolution. • • (August 12, 1969 - continued) 383 • It is my understanding thatthe City of Stillwater favored such legislation and if this is the case, I would recommend that the City Council adopt a Resolution urging the County Board to implement this legislation as soon as possible. It would, under my understanding of the Act, relieve ua of the responsibility of paying salaries to the county for our assessing duties." on motion of Councilman Melstrom, seconded by Councilman Wohlers a resolution was introduced that would favor the County Board to implement legislation for the County to assume full responsibility for property assessments in Washington County. (see resolutions). 10. A letter from Bob McGarry regarding Errors and Ommissions Insurance for the City Employees. Mr. McGarry will prepare a survey with Mr. Brower andl the Department heads and hopefully will have a cost figure within two week::a. The Council directed the City Administrator to pursue this with Mr. MCGarr.y and come in with cost figures. 11. Mr. Chester Wilson sent a small picture of the source of the Mississippi River to E. Franz Hammer. Mr. Hammer is an artist, who formerly resided irs Stillwater, and is now a resident of St. Petersburg, Florida. Within the past two weeks Mr. Wilson received an enlarged painting from Mr. Hammer. The painting was delivered to the City Hall and Mr. Wilson requested that the picture be hung in the City Hall. The picture has been hung on the North wall in the general office of the City Hall. Your Administrator would suggest the Council pass a resolution thanking Mr. Hammer for this beautiful painting. Mr. Hammer requested that Mr. Wilson make the presentation to the City. On motion of Councilman Wohlers, seconded by Councilman Carlberg a resolution was introduced to thank Mr. Hamner for sending the picture to. the City Council and to have it placed in the City Hall. (see resolutions). UNFINISHED BUSINESS None NEN BUSINESS On motion of Councilman Carlberg, seconded by Councilman Melstrom the Building Inspector's Report for the month of July, 1969 was approved and ordered filed. On motion of Councilman Melstrom, seconded by Councilman Carlberg, the Clerk - Treasurer's Report for the seven months ending July 31, 1969 was approved and ordered filed. On motion of Councilman Carlberg, seconded by Councilman Wohlers the Variance permit for Neil Miller, 1019 Fourth Avenue South for a new garage to the North Side of his house (Case No. 56) was approved and the date for the hearing was set for September 9. 1969 at 7:30 P. M. APPROVAL OF MINUTES On motion of Councilman Carlberg, seconded by Councilman Wohlers minutes of the following meetings were approved: May 13, 1969 May 14, 1969 Nay 27, 1969 June 10, 1969 June 17, 1969 June 20, 1969 July 1, 1969 July 8, 1969 Regular Meeting Special Meeting Special Meeting Regular Meeting Regular Meeting Special Meeting Special Meeting Regular Meeting 7:30 P. M. 3:30 P. M. 3:00 P. M. 4:30 P. M. 7:30 P. M. 2:00 P. M. 4:30 P. M. 7:30 P. M. • • 384 • (August 12, 1969 - continued) • ORDINANCES On motion of Councilman Melstrom, seconded by Councilman Wohlers the clerk made the first reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 417 OF THE CITY OF STILLWATER REGULATING PARKING IN TH8 CITY OF STILLWATER." (The Council members will recall that many complaints have been received in regard to persons parking commercial vehicles on residential streets for several hours at a time. Also in some instances refrigerated trailers running during the night and the noise disturbing people for quite an area.) On motion of Councilman Melstrom, seconded by Councilman Wohlers the Clerk made the first reading of an ordinance entitled "AN ORDINANCE ESTABLISHING PENALTIES FOR VIOLATIONS OF PROVISIONS OF ORDINANCES OF THE CITY OF STILLWATER"', (This ordinance will conform to the Statutes enacted during the 1969 session.) Mr. Kimmel: We would also change the form of our traffic ticket and under the law the officers who issue the ticket must be a police officer. Councilman Wohlers: Then Mr. Jacobson couldn't write tickets. Mr. Kimmel: His tickets to be enforced would have to be rewritten to get out an arrest and warrant. City Administrator: According to the judge, the City of Stillwater is the only municipality in the County that has not adopted this ordinance that we just read. I think this is quite important, the judge feels that $1.00 to collect an overtime parking is no longer possible to do the book work at that price. The Council should be aware of this. The judge stated(' that a $3.00 fee seems to be pretty standard throughout the area. Mr. Kimmel: This ordinance would amend that ordinance as well as all of our other ordinances. I think this is going to change all of these ordinances and you are going to rely on the judgment of the court. On motion of Councilman Carlberg, seconded by Councilman Lammers the Clerk made the first reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF STILLWATER AND REGULATING THE KEEPING OF FARM ANIMALS WITHIN THE CITY LIMITS OF THE CITY OF STILLWATER". (Many complaints have been received about the keeping of animals within the City limits. A memo was directed to Mr. Kimmel requesting an ordinance to regulate the keeping of animals. Accordingly Mr. Kimmel has drawn an ordinance and he also recommends that an ordinance be adopted regarding the keeping of animals.) RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Confirming the permanent appointment of Russell Kunde as Light Equipment Operator. 2. Commending Donald Nolde for his service as a Councilman. (not published). 3. Commending Roger Peterson for his service as a Councilman. (not published).. **4. Ordering Improvement, Approving the Plans and Specifications and Directing the Clerk to advertise for bids (Street improvements in Fairmeadows No. 3). • • • • • (August 12, 1969 - continued) 385 • 5. Commending Vern Andrews. *6. Promotion of Jack Sherin to Deputy Chief of the Volunteer Fire Department: and increasing his compensation. ***8. Urging the County to implement legislation regarding assessing. Thanking Mr. Hammar for the picture donated to the City. (not publishedil. 9. Directing the Payment of the Bills. 10. Accepting the petition and ordering a feasibility report for South Brick Street. Directing the Clerk to Advertise for Bids for Local Improvement Nos. 78- 79-80-84- and 85-1969. * Not prepared in time for publication - repassed August 19, 1969 ** Not checked out by City Attorney in time for publication - repassed August 19, 1969 *** No number reserved for this resolution - repassed August 20, 1969. ADJOURNMENT On motion of Councilman Carlberg, seconded by Councilman Wohlers the meeting adjourned at 11:30 P. M. Attest: City Clerk Mayor • • • COUNCIL CHAMBERS Stillwater, Minnesota August 19, 1969 7:30 P. M. REGULAR MEETING The meeting was called to order by President Powell. The opening prayer was given by the Assistant to the City Administrator, Loland.. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President_ Powell Absent: None A1sO Present: City Administrator, Brower; Assistant to the City Administrator, Loland; City Attorney, Kimmel; Police Chief, Abrahamson; Fire Chief, Cormier; Building Inspector, Lawson; Superintendent of Public Works, Shelton; Recreation Director, Blekum; Consulting Engineer, Duane Elliott Press: Jim Brode, St. Paul Dsipatch and Roger Gratiot, Stillwater Gazettue Citizens: About 30 - Miss Mary Glennon, Mr. Lester Metz, John Condon, Vaal') Kalinoff, Fred Kalinoff, Oscar Benson, Don Monty, Gilbert Benson., John Herschleb, Howard Costello, John Theissen, Bob Eardley, Emsnrson Lewer, Mr. & Mrs. Nicholas Nelson, Loren Larson, Mrs. Gene Bealka UNFINISHED BUSINESS (out of order) At the Council meeting held on August 12th, it was decided that property owners residing along Pine Tree Trail shbuld be invited to attend this meeting so that they could be fully informed about some of the problems that exist in connectiosn with the construction of a new street and concrete curb and gutter. The City's Consulting Engineer has informed the Council that some of the problems in conne.etion with this project are acquisition of land for right-of-way, drainage. and the recently developed area of the Benson property which has not been officially ac.:ceptad by the City and proper plats have not been presented. Mr. Duane Elliott reviewed the matter for additional right-of-way in several locations. The alignment has been established and have located a fifty foot right-of-way with nine foot boulevards primarily for snow storage in the winter=. The Mayor had those present at the meeting in reference to this improvement be identified and they were as follows: Oscar Benson, South Lakeview Drive Don Monty, 1111 Pine Tree Trail Gilbert Benson, South Lakeview Drive John Herschleb, 803 Pine Tree Trail Howard Costello, 1007 Pine Tree Trail John Theissen - (owns property here) Bob Eardley - (owns property here) Emerson Lewer - (owns property here) Mr. & Mrs. Nicholas Nelson, 811 Pine Tree Trail Loren Larson Mrs. Gene Bealka, 711 Lake Drive Mr. Duane Elliott projected a map of this area on the wall so that all could sees sine. He explained the various color codes and the problems in the areas invo1w'ed. • • • (August 19, 1969 - continued) 387 • • Emerson Lewes: Would Pine Tree Trail in the foreseeable future be a main street? Mayor Powell: Not for the foreseeable future - it is a dead end Street. I would think in ten or fifteen years it would still be that way. Mr. Elliott: A fifty foot street is the minimum right-of-way. Eighty foot for a main thoroughfare. Red on the map indicates the right-of-way required for the construction of the roadway. Mr. Eardley: What about cutting into the land? Mr. Elliott: The drainage at the present time goes down into a North and westerly direction and into a ravine. The most economical routine is to drain to the low point and carry the water in a pipe down a slope to Lake Drive on an easement between two homes on Lake Drive. This is the most economical. There maybe another alternate. The storm sewer on Pine Street couldn't handle this. The other alternate was to get to Lake Drive to the North and to tie into a large concrete sewer already there which already discharges into Lily Lake. This is a longer route and more costly. From the standpoint of economics this is the shortest and involves the least. We will have to negotiate directly with the people. Bob Eardley: Are you aware that the boundary lines of the lots on Lake Drive and Pine Tree Trail are not the same? Mr. Elliott: There are a number of unanswered questions. This street would be only an added alternate to the project subject to either deletion: as to the best interest of the City. Is the right-of-way going to cost something for the City to acquire? If this is prohibitive, should this be assessed back to the property owners? The ads for bids are out. Oscar Benson: The Lily Lake Elementary School - does the City have control of the drainage of that water? At the present time they have all that drainage coming down the slope South of my place, it hits the pond and puts a pressure on that pond. If they could go into the pond and across the road - the school has the drainage down that way. Mayor Powell: That is a school board problem. They paid for all the sewer that ran up there. We had nothing to do with the landscaping up that way. Gilbert Benson: When they built the school I asked them to run it down there. They said they had nothing to do with it. They have just recently unloaded a lot of pipe there and there ere storm sewer pipes there. Oscar Benson: I feel it is going to be an added expense to the City because of the force there. It will take the blacktop with it. Mr. Elliott: The pond will take over any overflow. We have looked at that. Mayor Powell: Is that in the City limits? Gilbert Benson: No. That is on my property. We have this contoured. Councilman Wohlers: Would a fair sized culvert under the road take care of it? Mr. Elliott: It wouldn't take care of it. You are dumping it on adjacent property. Mayor Powell: Let us take the land that is colored "red". This is the land thatt we have to buy or be donated or obtained in some way. If it is bought, the Council would feel that this should be assessed against the project. Mr. Herschleb: It would be assessed to all benefiting from the project. Mayor Powell: I assume we would do it that way - so much per foot. Mr. Elliott: We tried to stay to the West as much as possible and to take as little property as possible from the East. • 388 (August 19, 1969 - continued) • • Gilbert Benson: Yesterday was the first time that I talked to Miss Thurene about this and she was out and I talked to Mrs. Whalen and she said that she is concerned about the whole area. She is considering building a home there. Mr. Elliott: We would have the steps run out to the curb. We had proposed the direction of going to the South with the steps and sidewalks. This can be done under the contract or have these people negotiate for this. Gilbert Benson: Miss Thurene is willing to cooperate in anyway. She is concerned about the area and she figured on building a home on one of those lots. Mayor Powell: I think we should get back to the "red" property. Mr. Oscar Benson are you willing to release that much property and have a stone rubble wall? Oscar Benson: The stakes go over by Mr. Merschleb's there is a direct turn. What is the reason for that? Mr. ty line we d t Curve. Wetl have held to property lines s is an existing rat certain dpoints land eWest aeasterly property lines in other places. Mayor Powell: Would you be willing to convey that land? Oscar Benson: If they keep the center, I will give but beyond that I would sell. Mr. Elliott: The rest of the"red" might be one owner or multiple owners. We would propose to furnish you with descriptions of the right -of -Way and slope easements. This is going to be a gooddsal of work in preparing this. Mayor Powell: The "red" on the East side - are these people here? Bob Eardley: I own the third lot, which is Lot 4#10. It would be taking 15h feet on my property on the southwest corner. On the other corner it is nine feet. Frankly, I am not in favor of giving up that much property. You talk about buying, I would like to hear what you are talking about? I don't undea- stand this. Emerson Lower: I own the lot to the North. I have exactly the same feeling., I don't see why we should give up land when we purchased the land the street was there and this was the way it would be. Mayor Powell: Where did you get your information - that is where the street would be? s on. are ght e they areri talkngHill aboutntakingsthesland WeI wouldulikewtohgetlthelfigure. i_E Gilbert Benson: Would the curve run up there or would you take some of his land? The boulevard would be part of his lawn. Mr. Elliott: There would be nine foot boulevards except at the two homes where we will minimize the boulevard widths. Oscar Benson: Go to the center of the line both ways but if they want to push it my way, I will not give. Councilman Lammers: There is another problem- can you show us where the Stillwater City limits are? Mr. Elliott: Mr. Benson's house is in Stillwater Township. Councilman Lammers: What problem would this be for the City? Mr. Kimmel: I don't know what our authority is. I don't know if you can acquire roadways outside of the City. (August 19, 1969 - continued) R 8 9 • • teal Mr. Benson: I contacted Stillwater Township and we can't do anything until an agreement is signed. Mayor Powell: Is anyone here that owns the land South of Mr. Eardley? (There was no response) Mayor Powell: On the West side of the road - that would be Miss Thurene and Mr. Benson -you indicated that she would be willing to give this and she is in the City limits of Stillwater. Gilbert Benson: Yes. Oscar Benson: Does the City have the lines up beyond my home? Mayor Powell: It is not the responsibility of the City to have the land surveyed when it is annexed. It is up to the party making the annexation. Councilman Lammers: Wasn't this all reviewed at one time? The right property is in the right place. As far as these drawings are concerned when we estimated it, Ron drew the ordinance and drew out the area from the annexing ordinance and if he could figure out these lots of Benson's were the only lots not included in the City of Stillwater. Mr. Kimmel: Nick Nelson was partially in the City and part outside and he was annexed. theostr etPowell: program ifnthey knewthis thatevening they were to ben assessed forproceeding propertyt� that was necessary to proceed with the street? Mr. Eardley: Am I right in assuming, unless that storm sewer was routed to the lake that this whole project couldn't be done? Mr. Elliott: The storm sewer is as necessary as the right-of-way. Mrs. Gene Bealka: I am on Lake Drive and Mr. Ed Cain who is in Texas and he doesn't know of this meeting. I am sure that they are going to want to know this before any decisions ace made. I am here to see what the whole business is about. I would like to know. We do not want an open pipe on our beach. Mr. Elliott: The drainage on Lake Drive is to the South and back up at Lake Drive and Willard. Mrs. Bealka: There is another storm sewer that exists down there now that was dredged out a year ago and it has filled up already. Mr. Elliott: I am not aware of the pipe you are talking about and the sand doves wash into the storm sewers. Mrs. Bealka: I am not in favor of having a culvert by our beach. a beautiful lake there and lake. Would it be possible Emerson Lewer: I think the City of Stillwater has if you put in storm sewers it won't be a beautiful to put in one large storm sewer? Mr. Elliott: The present outlet was not designed from this. It is a large pipe. The reason this dollars. The drainage is tributary to the Lake. it up over the hill. Nicholas Nelson: If you don't get the cooperation of the property owners, wha*.t would happen in the future? Mayor Powell: The thing that was of concern to the Council was that if this property had to be acquired and people felt that they had to get regular lot prices, that the City would not have it on the Permanent Improvement Fund as we just can't do that since we need that money for many other things. It is a - for this area. This is separatte route was chosen is because off It is too expensive to pump • • 390 (August 19, 1969 - continunea) shame to have somebody to petition for a street and not be able to get to.'qether on it to do it. If the people really wanted the street and the route of tihe storm sewer has some bearing on it, as far as a pipe underground there sh..ouldn't be any objection to that. There would be an outlet to the shore line by :your property. Mr. Nelson: This is going to have to be done within the next several yea_cs one way or another and it is not going to be any cheaper. Mayor Powell: The only property that I would think, from what I have seen,,, the only property that we are concerned with is Mr. Benson's property and the rest of the property could be condemned and that would be added to the cost of 'the project. Mr. Herschleb: It was indicated last spring that the City pays for the sttarn sewer. Mayor Powell: Here again we have to do it the most economical way because: you and all of Stillwater pays for this. Mr. Herschleb: Are we ruining Lily Lake by running the storm sewers in theere? Mayor Powell: As soon as that water gets into the storm sewer, it is not gicking up any more sand. Mr. Lewer: How much will we get paid for the land? Mr. Himmel: This can be done by a matter of negotiating and how much damagge done to the property. Mr. Eardley: I am not against this street but I don't feel,like Mr. Benson, that it is fair to take it all from one side. Mayor Powell: Any property in the City of Stillwater we can Condemn it andl you would have to get an appraisal of the property and that would have to stand for yours too. How many would favor construction of Pine Tree Trail knowing that their would be assessed for the additional land that has to be obtained? (7 were in favor and 4 opposed) Mayor Powell: Mr. Benson we will have to ask that we have a plat of your :property. Mr. Costello: If it is going to be that you are not going to do that stre.,rt, can you do something about it for next spring so we can get in and out? Mayor Powell: We do have to contact Stillwater Township. We should contact: Stillwater Township before we go to bids. We must have their consent. Councilman Melstrom: However, this is good neighbor policy. Mayor Powell: This doesn't mean that it can't be resolved in sixty days. Councilman Lammers: There is a problem that exists. It is causing a lot o:.f property owners a lot of inconvenience. Actually to get the problem solved 1 is to have condemnation proceedings and then negotiate. Mr. Elliott: In the specifications we have the option of deleting or addling the alternate which is Pine Tree Trail. Councilman Lammers: If we drop it tonite, you don't know when we will picik it up again. Oscar Benson: I talked to Mr. Rydeen about it and he said the City of StiIl1- water would have to contact them on it. I contacted them in June. Mayor Powell: We haven't done anything about this as yet. We were waiting for the outcome of this meeting. Councilman Carlberg: I move that Pine Tree Trail project be combined and included in the advertisement bids for the rest of the street work. (August 19, 1969 - continued) 391 Councilman Lammers seconded the motion. (all in favor). Mayor Powell: We must still determine if the storm sewer goes by your property, Mrs. Bealka, and also the slope easements. Mr. Kimmel: Even though we start condemnation, we can terminate it by negotiation. Mayor Powell: By negotiation we could come to an agreement. Councilman Lammers: I would move that the City Administrator be authorized to contact Stillwster Township outlining to them our plans contingent for Pine Tree Trail and requesting their cooperation and the matter be placed on the agenda for the next regular meeting. Councilman Wohlers seconded the motion. (all in favor). DELEGATIONS OR INDIVIDUALS (out of order) Vacil Kalinoff: Will you consider a street light for my brother on his street? The City Administrator gave the following letter to Mayor Powell which was received sometime ago in regard to this matter. This letter was read at this time by Mayor Powell: "My home at 1410 Riverview Drive is located on lot 5, St. Croix Heights as platted August 17, 1959. I feel that Riverview Drive as presently developed is adequately illuminated by a street light located approximately at the southeast corner of lot 3 of the same plat. My immediate neighbors to the North, Mr. & Mrs. W. G. Beardsley of 1412 Riverview Drive (lot 6) are of the same opinion. Consequently I would ask that I be notified and permitted to express my opposition to any further street lighting asked for in the vicinity of Riverview Drive as it is now developed. I would also ask that Mr. and Mrs. Beardsley, referred to above, and Mr. & Mrs. R. E. Meade whose home is on lot 7 of the plat likewise be notified. (A. J. Kramer, 1410 Riverview Dnive) Vacil Kalinoff: Do you intend to notify them of this? Mayor Powell: We can do this. Ordinarily when a street light is requested the Administrator, and a NSP representative generally go out and look at it and report back to the Council. Dr. Kalinoff: The light referred to on Broadway and Sycamore throws absolutely no light upon the street that I live on. You can't see you; hand in front of yovus face. Vacil Kalinoff: Can you ask the proper officials to go up there after the light.ts are turned on to see for themselves? One of the people who objects is a man whe.s planned the property with full knowledge that my brother was going to build a house there and with full knowledge that a street light was desired there. Ask;:ing the people who would be here to be questioned as to the knowledge of the situat:.lon. Dr. Kalinoff: These are the same people who don't want anything to spoil their view - even a street light. Vasil Kalinoff: Can the City be excused from the liability of that obligation for a street light? Mayor Powell: The only thing that I could say would be that if they feel that the area doesn't need a light and we have numerous requests for street lights that we have disallowed. We just don't and can't put up street lights because somebody asks for one. We have to go around and pick the spots that are really' needed. Vacil Kalinoff: Do you honor the wishes of the neighbors or the decision of the people who look at it? Mayor Powell: Both will be considered. How does a street light obstruct a view•? 392 (August 19, 1969 - continued) • • Dr. Kalinoff: They don't want to look at something like that. When I built my home I asked for power, they did not want a pole out on the street, so my neighbors did pay to have it put underground. They don't want anything in front of them and they paid for it. Vacil Kalinoff: If the Council has the power to deny a street light, I would also like to know if they have the power to let a private light be put on private property. My brother can't see to get down to his house. Mayor Powell: If we are going to do this light, the first thing to do is to determine if it is a legitimate request. If it is a good place and a necessary place. Previous to this Mr. Brower and Mr. Ehlinger and NSP went out and looked at this. Maybe our street superintendent can accompany them and also notify us. I think they should go there after dark. Councilman Lammers: I move that this matter be placed on the agenda on the second meeting in the month of September and that the Administrator be authorized to notify all property owners of the date of the meeting and the Administrator see to it that the City employees make a study and notify the Kalinoff's and NSP of same. Councilman Wohlers seconded the motion. (all in favor). John Condon, Planning Commission I just have a comment about this street light. I feel when you pave a street you should put a street light on it. Mayor Powell: We agree on this. Our budget is a certain amount. If we run low on money, we can cut out street lighting. Sometimes we do deny a street light because there is not enough traffic and we feel that if we put in a certain investment it should be put where they are needed. Mr. Condon: Case No. 54 -- A request from Jerome Kam, 1316 West Olive Street_ for a variance to build L . addition to his house and he submitted three choicees. We approved this using Plan #3 which seemed to be the best plan. On motion of Councilman Carlberg, seconded by Councilman Wohlers the recommendation of the Planning and Zoning Commission was accepted and the date for the variance hearing was set for September 9, 1969 at 7:30 P. M. Mr. Condon: Case No. 57 was a variance request from Donald Roettger, 113 Northm Sherburne Street requesting wrecking of present dwelling and moving a house in; or build a new one; or remodel the present dwelling making it larger than it is now. This lot is in a two family district with 6300 square feet and such a: district requires 7500 square feet. After some discussion on the matter, on motion of Councilman Wohlers, seconded by Councilman Carlberg that the recommendation of the Planning and Zoning Commission be followed and Mr. Roettger be notified that when he makes a decision as to what he will proceed with on this property, then he should apply for a variance, if same is needed, and assure him that the 6300 square fee is adequate for a new house or to move in a house. Case No. 55 - Harry Swanson, 317 North Sherburne Street a request to build a double garage with apartment over - in rear yard. It was recommended that thins be denied. It doesn't seem wise to split a lot that way. We suggested that if he wanted to build it as an attached garage it could be done. We just don't; want to establish a precedent. On motion of Councilman Melstrom, seconded by Councilman Lammers that the recommendation of the Planning and Zoning Commission be accepted and the hearing date be set for September 9, 1969 at 7:30 P. M. • (August 19, 1969 - continued) • DON NOLDE (For A. B. Butts) we have a Niece of property out on Center Street which I was in on before. I was requested at that time to plat this property. I am here requesting permissiorn to put in the sewer and water under the supervision of Mr. Elliott. We would liken to get this put in this fall. Mayor Powell: In the street that you have, there should be some elevations. Mr. Nolde: We would get this from the Engineering Department and we will follow the recommendations of the Engineering Department. I thi.nk the Engineer shouIld do some engineering. We would sit down and work with him and pay him for his services and we would likr to build some homes in the area. I feel if we are going in to develop it, we should pay for it. I would like some guidance from the City. Councilman Lammers: We discussed this very briefly last week. Mr. Nolde is correct that we will hear several comments from the people in the area. I feel it would be better if Mr. Butts would have his own engineer do the engineering and submit it to our engineer and we would avoid any possible problems. A hearing would have to be held to accept the plan. Mr. Nolde: What you are going to request from me before you accept this plot die all the engineering being done? Mayor Powell: So that we don't get off on the wrong track, what is the proper procedure? This is within the City and falls within the sub -division Ordinance and the lots have to be platted. Mr. Kimmel: Has the plat been referred to the Planning and Zoning Commission"? Mr. Nolde: We had a preliminary plat which was approved by the Planning Comsiission and they approved it. Mayor Powell: After this is done, what must be done next? Mr. KimmeL The utilities should be in before the plat is accepted. If you are going to have all this done, you should at least assess the area for the streeets. Mr. Molds: I would like to get the sewer and water in before the winter sets in. Mr. Elliott: You must know the street grades when you put in the water and than manholes. 393 Councilman Carlberg: I think if this contractor is interested in going to them City's Consulting Engineer with the idea that he wants to make sure that this is donee propertly and keep the interest of the City at heart and it would be resolvingB a problem for everybody. Mayor Powell: Separating the two in a large development but we might be a little repetitious here. Mr. Nolde wants assurance that if he goes ahead and puts im sewer and water and has the engineering done for the streets that it will be aeccepted. If it is done according to the specifications, I don't see why it should not the done. Councilman Lammers: Some of the people in.the area are concerned about the draainage. Mr. Kimmel: Has the street been platted? Mr. Nolde: I know anytime there is progress, there is going to be people opposeed to it. Mayor Powell: These people are going to be satisfied if it is done right. Wee should give some direction in this case. Councilman Melstrom: We accept the preliminary plat with the provision that this engineering is to be done and he will conform with the Consulting Engineer for- the City of Stillwater when the necessary engineering is done and the necessary hearing will be held. He can proceed with the sewer and water providing that tour Consulting Engineer agrees that it is done correctly. Councilman Carlberg seconded the motion. (August 19, 1969 - continued) ,— • • Councilman Lammers: Does it not have to be referred to the Planning Commission? Mayor Powell: It was before the Planning Commission. Mr. Elliott: The plans should be submittedfor Council approval before the work is started. (Mayor Powell declared a recess from 9:50 to 10:00 P. M.) Mayor Powell: We have a motion - approving the preliminary plat with the further instructions that the engineering be completed on the sewer and water and street: elevations be established for the street and any other engineering that should be done. (Vote on the motion - all in favor). APPLICATIONS On motion of Councilman Wohlers, seconded by Councilman Melstrom a license to operate pool tables was granted to Ralph E. Otte, dba Nappy's Harbor, 515 North Owen Street, Stillwater. (renewal). COMMUNICATIONS None DELEGATIONS OR INDIVIDUALS NOne at this point in the meeting. PETITIONS Petition signed by Gerald Colburn, 222 East Hazel Street requesting sewer and water lines along East Hazel Street. On motion of Councilman Lammers, seconded by Councilman Wohlers this petition was accepted and referred to the Consulting Engineer for a preliminary report and estimated costs. (see resolutions). A petition signed by Mr. Carver Fouks, 1905 West Oak Street and Trent E. Wood, 1919 West Oak Street requesting installation of sewer and water lines. City Administrator: Mr. Fouks stopped at the City Administrator's office sometime ago and stated that his water supply comes from a well located in his neighbor's basement. And he also stated that he is having problems with his septic tank and dry well. I informed Mr. Fouks that he would be assessed for a part of these extensions and he stated that he was aware of this but hoped that the Council could take some action in regard to this matter as soon as possible. I have discussed this matter with Mr. Jack Shelton and he will be in a position to explain the details in connection with this project. Mr. Shelton: Mr. Fouks was in quite sometime ago and as you know the major portion of this assessment could not be assessed as this whole block is owned by the City of Stillwater. (Mr. Shelton showed the Council a map of the area and explained the situation to them). Mayor Powell: In other words the City would have to pay for half of it? Mr. Shelton: That is the reason it was turned down before. Mr. Elliott: Sewer and watermains would be about $14.00 per foot. Councilman Carlberg: I would like to make a motion that we refer this matter to the Consulting Engineer for a feasibility report and estimated cost. (August 19, 1969 - continued) 395 • Councilman Wohlers seconded the motion. (all in favor). (See resolutiorne). A petition with signatures of three property owners affected requesting concreete curb and gutter and bituminous surfacing and other appurtenances - Fairmeadowse Road between Laurie Lane and Hanson Place. A petition signed by six property owners affected requesting concrete curb and6 gutter and bituminous surfacing and other appurtenances - Laurie Lane between Oak Ridge Road and Fairmeadows Road. A petition with signatures of four property owners affected requesting concrete curb, gutter and bituminous surfacing and other appurtenances - Hanson Place between Oak Ridge Road and Fairmeadows Road. On motion of Councilman Wohlers, seconded by Councilman Carlberg these three petitions were accepted and referred to the Consulting Engineer for feasibility reports and a hearing for same was set for October 7, 1969 at 7:30 P. M. (see resolutions). UNPINISHED BUSINESS (out of order) At the meeting held August 12th the Administrator reported that complaints had been received about the condition of Fourth Avenue South and that the street hoed been viewed by Mr. Duane Elliott, Mr. .Shelton, and Mr. Hagen along with the Administrator and it was the recommendation of this group that a bituminous matt be applied to the quarry rock surface and also a bituminous gutter to contain tzhe surface water and prevent the erosion on the sides of the street. After hearings this report Mayor Powell and the Council members felt that any streets now being constructed should be of the concrete curb and gutter and bituminous surface tyype. However, after considerable discussion Mr. Elliott, the City's Consulting Engineer. was asked to again view the condition of this street. In a conversation with Mr. Elliott on Friday, August 15th, Mr. Elliott indicated that after carefully considering, in view of the fact that utilities are not in this street - that i:.c, sewer and water, and that all utilities should be put into a street before a permanent construction is done, he would recommend that a blacktop matting be applied with a bituminous gutter to cut down the cost of maintaining this streett. However, the matter of assessment, he felt, was a Council decision and, therefore, would have no recommendation as to the method of assessment on this particular project. Mayor Powell: The two people th:.t are here live on one side of the street do favor the improvement - the people on the other side are against it. Some discussion was had at the meeting last week and the main concern to the Council was the assessment to be charged to the Permanent Improvement Fund, which has beeen taxed for quite a few things. It gets to a point where the City can't afford imt. If a temporary improvement was done so that it would solve the problem and be assessed against the property owners. It gets to be quite expensive just for maintenance. This would be a reasonably good solution to the problem. Councilman Wohlers: Mr. Elliott do you have any idea what that would cost - roughly? Mr. Elliott: We had an estimated cost of $4.00 per running foot and there are about 400 feet. We discussed the figure of about $2,000.00 at the p.evious meetiing. Councilman Wohlers: That is for tarvia street and gutter. Mr. Elliott: Yes. Mayor Powell: The total would be $2,000.00 roughly. Mr. Elliott: Yes, sir. Mayor Powell: If the Council feels that maintenance is extensive enough that theey could go in and order the street repaired. However, because there are people opposed, there would still have to be a hearing. If everybody were in favor of irk, a hearing would not be necessary. • • 396 (August 19, 1969 - continued) • • Councilman Carlberg: I feel that if we are going to do this improvement at allfo I think we should go in there and do it properly the first time rather than hit and miss. I would like to make a motion that we have our Consulting Engineer do a feasibility report and cost estimate as to a permanent solution to this problem and then set a hearing date as we had for these others the first meeting in October as to a street improvement. Mayor Powell: I would like to say that we did go this routine last week - to refresh your memory it was determined that if you were to do this the way that would be an improve way, we would be talking about a tremendous cost because of the quarry ruck. Mr. Elliott: That is right. However, at the last meeting we had no cost figures on this. Councilman Lammers: It is your recommendation that we do put a blacktop mattix.ag and bituminous gutter. Mr. Elliott: This was a temporary solution due to the status of the utilities in the area. It might be the long term solution to the problem. Councilman Carlberg: That was the basic idea of my motion. Marlr Powell: The reason I am interjecting my comments, I feel the same way that if this were assessed to the people rather than coming out of the Permanent Improvement Fund and that they were aware this is temporary. Mr. Elliott: This street has some real erosion problems. Doing an absolutely good job that is going to last as long as any of the other streets. We are not going to touch the rock very much, and it would be a possibility of some breaking of the bituminous. Hopefully it is going to keep the gravel in place:. Mayor Powell: In order to satisfy Councilman Carlberg that if we set a date.., for hearing on this that you could probably at that time come up with some figNre that would be realistic or reasonable estimate of what a real full fledged street might run and the people here would have that information and we would have thus final choice. Mr. Metz: Everyone on the street has their own well and septic tank. Possiblyv there is water to Dubuque and Fourth Avenue. I think to put in water and seweer would be a last measure. It would be terribly costly. There are no permanent streets in this area. This is a stub of a dead-end street. This part would bee torn up at the time the rest of the area is a permanent improvement. The blackatop comes part way down the hill and has held up very well. Councilman Wohlers: How do the cesspools work in the area? Mr. Metz: No problems to my knowledge. Councilman Carlberg: If we have a hearing with these other people and have scree cost figures from the engineer as to what these figures are going to run and amee how the people feel about it. Mayor Powell: We could have both costs and they could be advised of these cosths and the hearing be held on that basis with the final decision up to the Counciil. Councilman Carlberg: I would set the date of the hearing to be the first meeting in October. Councilman Wohlers seconded the motion. (Councilman Lammers opposed). Councilman Lammers: I think we are wasting our time with a permanent solution. If we are going to get a good study, it is going to cost us some money. Mr. Elliott: The sewer and water problem is not going to be put in. If that its not going to be part of the improvement, the figures are $4.00 per foot. You could put in a more permanent street but it would be without sewer and water. If you want to assess both sides, you have to have a hearing. (August 19, 1969 - continued) 397 • • Emma CITY ADMINISTRATOR'S REPORT 1. The City Administrator informed the Mayor and Council that we are now in a position to advertise for bids for a portion of the Ritzer property of 34 acres and suggested that bids be returnable at 7:30 P. M. on September 9,. 1969. On motion of Councilman Carlberg, seconded by Councilman Melstrom the Clerk was directed to advertise for bids for the sale of 34 acres of the Ritzer property with said bids returnable at 7:30 P. M. on September 9, 1969. 2. On motion of Councilman Melstrom, seconded by Councilman Wohlers the Clerk was directed to advertise for bids for 200 tons (more or less) of salt said bids to be returnable on September 9, 1969 at 7:30 P. M. 3. on motion of Councilman Wohlers, seconded by Councilman Melstrom the Clerk was directed to advertise for 700 tons (more or less) of Hot Bituminous said9 bids to be returnable at 7:30 P. M. on Tuesday, September 9, 1969. 4. The City Administrator presented Change Order #2 from Moelter Construction Co., Inc. in connection with Local Improvement No. 69-1967 in the amount of $8,795.90. Mayor Powell: This particular problem presents sort of an unique situation because we are assessing non -abutting property ownersforthis and we did give them a figure and I frankly feel because of the additional cost that we had in securing the land from the Cemetery Board that was not assessed to the job that this change order should not be assessed and be taken out of the Permanent Improvement Fund. Councilman Lammers: Didn't you indicate, Jack, that the problem existed? Mr. Shelton: Actually the construction started this spring and there was someextra sub -soil taken out previously. In the preliminary excavation that was removed it was put on an adjoining lot. This wasn't in the contract but this was done by the Contractor. When it was shot with oil and by running a backup of it, the trucks were buried. The drying process did not work. The project went for a long time before anything was done. Councilman Lammers: I am wondering whether the City is being charged for anything that was taken out and not put back in. Mr. Shelton: No. We have all the slips for the tonnage of each kind and the limestone. We also have his total hours. Councilman Lammers: What about the excavation that was taken out and not put back? Mr. Shelton: This was sub -cut and I was instructed by the Administrator to doo this and ask him if we could have this because he stated he did not feel this: way. He states that this was sub -cut. The following memo was read by the City Administrator from Mr. Shelton: "I spoke to Mr. Harvey Moelter last evening concerning the stockpiling of black dirt on private property and also the hauling of dirt from the street excavation to private property on Everett Drive. He stated that when he fireat started the Orleans Street project he was instructed by the City Engineer to place this dirt on the lots that abutt on lower Everett Drive, but to be careful and not place any excavation on the Orleans Street right-of-way as tmlis had brought a complaint previously by Mr. Philip Eastwood when the Sixth Streeet excavation was placed there. The black dirt that was stockpiled was a sub-cutt that he had made initially and as there was no provision for payment of sub -cut in the original contract he feels that he had the right to place this on a private lot to be used as he sees fit. This stockpile has been used by the Cemetery and others in the immediate vicinity." Councilman Lammers: Harold, are we acting properly when we take material and put it on private lots? • • • 398 (August 19, 1969 - continued) e • `J Mr. Kimmel: If you don't have any use for it, but if we have a use for it, we should put it on our lots. If there is private property and he has a use for it and it is more economical, you can dispose of it. Councilman Lammers: Have you reviewed this whole thing with Duane Elliott? Mayor Powell: Would it be possible for you to make that determination so that we may discuss this at our meeting about the Police and Fire Contracts? City Administrator: The memo that Mr. Shelton wrote was in response to the fact that many people had called my office and I think that he has explained it very satisfactorily. Mr. Elliott: In the forthcoming jobs on treating all of these streets as City streets in Fairmeadows we are short of material for street construction there and on Lake Drive which is in excess, it will be hauled from those streets to the Fairmeadows area. I don't want this misunderstood. We would be wasting material from Lake Drive and then have to borrow and pay for borrowing for these other streets. It has always specified to dispose of this on City property. That the City gets the benefit, if it is possible. 5. On motion of Councilman Melstrom, seconded by Councilman Wohlers the Clerk was directed to advertise for bids for the sale of the diving dock at the Legion Beach, sLid bids to be returnable on September 9, 1969 at 7:30 P. M. as recommended by the Recreation Commission. 6. The following items recommended by the Recreation Commission will be taken up at the Budget meetings to be held in the near future: Full time employee for the Recreation Department - we have been employing Mr. George Schwandt through the summer as a park caretaker. He has worked out well and we would propose to take him on full time at a salary of $450.00 per month. Since we are not now operating the Legion Beach and since the work load is such that we need a full-time man; particularly as a backup to Mr. Blekum, we recommend that Mr. Schwandt be put on a full-time basis. Mr. Blekum's Salary --due to the very excellent job that Mr. Blekum is doing, we recommend that his salary be raised from $500.00 to $600.00 a month. This would put it somewhat more in line with the starting salaries of other city employees. 7. The City Administrator gave to the Mayor and Council drawings and construction figures for a warming house at Staples Field as presented to him by Mr. Blekum and asked that this matter be placed on the agenda for September 9, 1969. 8. On motion of Councilman Lammers, seconded by Councilman Wohlers the Continuation Certificate for George DaBruzzi dba Minnesota Sewer Company, St. Paul, Minnesota for excavations in the City's streets was approved and ordered filed. UNFINISHED BIB INESS Bids on Used Air Conditioners that were opened at the meeting on August 12th were referred to Mr. Jack Shelton and the City Attorney. Mr. Shelton reported that after investigating prices on used air conditionershe felt that the prices offered by the bidders are fair and the City should sell the conditioners to the highest bidders. On motion of Councilman wohlers, seconded by Councilman Carlberg the following bids were accepted for the sale of the Used Air Conditioners: • • • (August 19, 1969 - continued) 399 Model Price Richard plattner, Jr. Stillwater, Minnesota Noma $101.50 John Hinz Stillwater, Minnesota Welbuilt $ 51.50 Leighton Johnson Stillwater, Minnesota Fedders=titchell $ 25.00 (see resolutions). Bids were opened on August 12th on the RESTORATION OF A RETAINING WALL at 114 East Linden Street. The bids were referred to Mr. Elliott, the City's Consultning Engineer and City Attorney, Mr. Kimmel. Mr. Elliott reported that review of the bide indicated the bid of the - Krueger Construction Company in the amount of $5,800.00 to be the low bid and he recommends the award of a contract to this firm. Nr. Kimmel: We have to have Mr. Lyons agreement to pay half the cost pities half of the engineering costs. Mr. Lyons. I do have a piece of property that I am selling for the restoration of the wall. I do have ernst money if the deal doesn't go through assessing my portion of the payment. Mayor Powell: Spread over how many years? Nr. Lyons: I haven't figured that out. Mayor Powell: Do we have to do this tonite, Mr. Kimmel? Mt. Kimmel: The job won't be completed before September let any way, so you can proceed. councilman Carlbergs I move that we accept the low bid from the Krueger usmnstruction Company in the amount of $5,800.00 and authorize the City to enter into a contract subject to securing the agreement from Mr. Lyons to pay for half of the contract. Councilman Melstrom seconded the motion. (all in favor). (see resolutions). resolutions). On motion of Councilman Cariberg, seconded by Councilman Wohlers a resolution was introduced authorizing the Clerk to advertise for bids for the demolition of the Minnesota Mercantile and Stillwater Hardware Co. warehouse buildings. (see resolutions). NEW BUSINESS The four items on the agenda under "New Business" were taken care of previousIly in the meting. ORDINANCES On motion of Councilman Carlberg, seconded by Councilman Melstrom the Clerk remade the second reading of an ordinance entitled "AN ORDINANCE AMENDING WARD BOUND/4E1ES FOR ELECTION PURPOSES IN THE CITY OF STILLWATER." 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 tine question, "Shall this ordinance pass?" and on roll call the ordinance was unarnimously adopted. (August 19, 1969 - continued) • • DELEGATIONS OR INDIVIDUALS (out of order) Bob McGarry: We have a report that we would like to present to the Council regarding raising the Overtime Parking to $3.00. I talked to Judge Sandeen this afternoon. Who sets the fine - do you or does the judge have the last say?' Mr. Kimmel: I do think it would be unwise in any respect to set a fine of $1.00: for parking. I think what the Council should do is to adopt the proposed ordinance. The basic fine would be $300.00. The judge would set the fine. It is up to the judge to determine the fine and he had suggested to me that if it was up to him, it would be $3.00. Mr. McGarry: If it is up to him, I will continue with this. Mr. Kimmel: The law provides that the court collects all fines and they turn it over to us. Councilman Wohlers: Is it going to be $1.00 or $3.00? This is the thing that isa bothering us right now. Mr. Kimmel: The question was approached as to whether or not the court was collecting our fines and in the same document it raised the maximum misdeamnor to $300.00 rather than $100.00 It is to our advantage to adopt an ordinance changing all of our penalties from $100.00 to $300.00. I would like to see the thi:.g clarified since the parking ordinance is ambiguous. Councilman Carlberg: I am sure the judge is going to be reasonable. I am sure he is willing to cooperate. Mr. Nolde: I think you should leave it at one dollar. You are going to get all the business that you can get in the City of Stillwater. Mr. McGarry: Once we get thse lots going and the possibility of hiring meter maids to assist in policing the meters, it will be a great help. Policing has been a problem. Councilman Lammers: Wouldn't it be better that we have some control and keep some control of this in the ordinance? Mr. Kimmel: You never lose control. Councilman Lammers: Why not do it at the offset. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the Clerk to Advertise for bids for the Demolition of the Minnesota Mercantile and Stillwater Hardware Co. Warehouse Buildings. 2. Accepting the Bids for the Used Air Conditioners. 3. Accepting the Bid and Executing the Contract for the Restoration of the Retaining Wall (114 East Linden Street). 4. Accepting Petition and Ordering Feasibility Report for Sewer and Water lines in East Hazel Street. 5. Accepting petition and ordering feasibility report for sewer and water lines in West Oak Street. 6. Accepting Petitions on Fairmeadows Road, Laurie Lane and Hanson Place in Fairmeadows and Ordering Feasibility Reports. 7. Payment of Bills. (August 19, 1969 - continued) 401 • *8. Ordering Improvements and Advertising for Bids for Local Improvements 86 and 87. (repass). Advertising for Bids for Local Improvements 78, 79, 80, 84 and 85. (repases) **10. Pay Increase for Jack Sherin (repass). *11. Legislation on County Assessing. (repass). *Not prepared or checked in time for publication by the City Attorney **Not prepared in time for publication ADJOURNMENT On motion of Councilman WcAllers, seconded by Councilman Cariberg, the meeting adjourned at 11:37 r. M. Attest: City Clerk rk GlfuLL6tC.Li� Mayor • COUNCIL CHAMBERS Stillwater, Minnesota August 20, 1969 4:00 P. M. SPECIAL MEETING The meeting was called to order by President Powell. Present: Councilmen Lammers. Wohlers and President Powell Absent: Councilmen Carlberg and Melstrom Also Present: City Administrator, Brower; Assistant to the City Administrator, Loland: Mayor Powell: Last year when the garbage service was being started we realized that our biggest problem was to be with multiple dwellings. We felt that the $2.20 was too much. We had a meeting with the Junkers at that time and he would be happy to go along with this. We allowed certain concessions in the check that we had paid him - the first check was too much and we paid him for 2500 units on the two months after that. We were to get this straightened away and so after a meeting we had after the July quarter, he could bill back the multiple dwellings but he couldn't on the duplexes. We then agreed that we would pay him for the duplexes on the first quarter and not charge him for theoverpayment that we made in the beginning. This was something like $792.00. How do you go about doing this when you didn't go anything before? How do you justify doing it? Harold was going to give us an instrument whereby we could do it. The only possible way it could be done would be to offer him a reasonable settlement for changing of the contract. He is taking a loss on these multiple dwellings according to the way it is set up in the contract. The amount that the feels that we owe him is $792.00. The $792.00 is not a figure that we would use to pay off a contract. I say $800.00 and the thing that we have to do is to have this Council approve buying of a change in the contract if they feel that they want to do it. I called John and explained it to him. Mr. Brower: It was first thought that this could be done by dating this back to July 1, 1968. I told Junker I won't sign it. I will not put my signature on the line for that date. It never was written down. Mayor Powell: We had Roger Peterson in here the other day. When this first came up and Roger was aware that this did take place. I think it lost something in the translation or the period of time that it really happened. Things are some- what different but still you can't put your finger on it. My main point is that Jack is doing a good service. I think he is becoming a little bit difficult to do business with. I think that if we do this and we should read the new agreement.. Agreement prepared by the City Attorney: "WHEREAS, the City of Stillwater has heretofore advertised for bids for garbage and refuse collection in the City of Stillwater and pursuant to such advertisement and bids submitted by Sanitary Landfill also known as Stillwater Sanitation, the said City has by resolution accepted the bid of Stillwater Sanitation and awarded a contract for collection to it; AND WHEREAS, the City desires to make certain changes in said contract by reducing the amount which the contractor may collect the multiple dwellings according to a schedule to be approved by the City Council: NOW, THEREFORE, it is agreed by the Contractor that said Contract may be so altered and in consideration of the contractor's agreement the City agrees that during the first quarter of said contract it will make payments under the terms of said contract as follows: • • (August 20, 1969 - continued) July 2671 units August 2500 units September 2500 units and in addition to the foregoing an additional unit for each duplex hereinafter determined to be in the City of Stillwater and such additional sums as may be required to reimburse the contractor for prior reduction in payment resulting from the City's lesser charge to be made to residents over 65 years of age. (Dated --July 1, 1968). The following agreement drawn by the City Administrator was read: ,'WHEREAS, the City of Stillwater has heretofore advertised for bids for garbage and refuse collection in the City of Stillwater and pursuant to such advertisement and bids submitted by Sanitary Landfill also known as Stillwater Sanitation, the said City has by resolution accepted the bid of Stillwater Sanitation and awarded a contract for collection to it; AND WHEREAS, the City desires to make certain changes in said contract by reducing the amount which the contractor may collect from multiple dwellings according to a schedule approved by the City Council to the sum of: For initial house For married couple with any number of dependents For married couple with or without preschool children For one person in individual unit $2.20 $1.75 $1.50 $1.00 NOW, THEREFORE, it is agreed by the Contractor that said contract may be so altered and in consideration of the contractor's agreement the City agrees to pay a lump sum of $800.00, and, in addition such additional sums as may be required to reimburse the contractor for prior reduction in payment resulting from the City's lesser charge to be made to residents over 65 years of age. (Dated: August 20, 1969). Mayor Powell: He was too high on it in the first place. We are gaining on this., Mr. Brower read the proposed resolution on this matter: "BE IT RESOLVED, by the Council of the City of Stillwater, Minnesota, that in exchange for a reduction of the fee for the collection of garbage in multiple dwellings, the Council hereby agrees to pay the Stillwater Sanitation, Inc. the amount of $800.00. This amount covers the life of the original contract. BE IT FURTHER RESOLVED, that the City Council agrees to compensate the Stillwater Sanitation, Inc. for prior reduction in payments made to residents over 65 years of age amounting to $388.80 and from and after this date, the said Stillwater Sanitation, Inc. shall be compensated for this purpose on a monthly basis." Mayor Powell read the following opinion from the City Attorney regarding the certification of the unpaid accounts billed by Stillwater Sanitation, Inc. : "With reference to your request for an opinion relative to the collection of delinquent garbage removal bills, Section 52 of the Charter of the City of Stillwater provides for the removal of garbage by contract by private contractor or otherwise and provides that the City may, "assess the cost of such removal on property on which the same was found or otherwise collect the said cost by action against the owner or occupants of such property". 403 This provision would make such delinquent accounts a lien on the property on which the garbage was found and while no specific procedure is set forth in the Charter for collection of these accounts it would appear that this would be accomplished by certification to the County Auditor in the same manner as sewer and water accounts can be certified. (Harold Kimmel, City Attorney). • 1 • (August 20, 1969 - continued) • I 404 Mr. Brower: We had a real battle as we would not give him (Mr. Jack Junker) his check. Mayor Powell: As we know what it is about and then if it is agreeable that we have the resolution and pass it. The previous Council has committed them- selves. It was felt that he owed us money and that we were going to be awing him money. All of a sudden he has come in in the last week and it is the time to settle up. Mr. Brower: Jim, this is to inform you that he hasn't paid any rent to date. Councilman Lammers: He doesn't deny this. Mayor Powell: I didn't want to make him think that we were going to get tough with him until the agreement on the multiple dwellings was settled. We have re- duced the complaints on the multiple dwellings. Mr. Brower: If we do it according to those figures, we would be paying him twice. Mr. Lolands You would be paying him for something he has done. Mayor Powell: We are paying him to break the contract. Councilman Lammers: You don't think it is a good idea to put the multiple dwelling charges in this agreement? It is a settlement on the change of contract. Looking at the overall picture worse things could have happened. The meeting adjourned at 5:00 P. M. ATTEST: City Clerk 42):1-ae•f x-- 44-CGS_ Mayor • • 405 COUNCIL CHAMBERS Stillwater, Minnesota August 20, 1969 8:00 P. M. SPECIAL MEETING The meeting was called to order by President Powell. Present: Councilmen Carlberg, Melstrom, Wohlers and President Powell Absent: Councilman Lammers Also Present: City Administrator, Lester Brower; City Attorney, Harold Kimmel;, Assistant to the City Administrator, Wayne Loland; Chief of Police, Wallace Abrahamson; Fire Chief, Wilfrid Cormier. APPLICATIONS FROM VOLUNTEER FIREMEN: Mayor Powell: We will start out tonight with the volunteer firemen who are here: asking, or seeking to be admitted into the rank of volunteer firemen. I presume that's it. The Council has given this some consideration since we talked and the feeling is that we feel that you would make very good volunteers and that. if you go in according - as everybody else does, I think there would be no objection to that. As you understand we waited until the litigation was completed and I believe Mr. Kimmel contacted your attorney that certain charges that could have been made in monies were dropped with the understanding that everything would bee over. (At this time extensive discussion was had.) At this time the matter was continued pending a letter from their attorney informing the Council that all litigation had been withdrawn. POLICE DEPARTMENT REQUESTS -- Mayor Powell: Mr. Brower we will take Chief Abrahamson's request. I9 that nexth, I would presume? Mr. Brower: Yes. Chief Abrahamson has three memos - the first one is the following suggestion, which would, in my opinion, provide for the successful establishmentt and the successful operation of a Juvenile Division within the Stillwater PoliceDepQart- ment: 1. Appoint Officer David Knefelkamp to detective, Juvenile Officer to be :Am charge of Juvenile Division: 2. The position, salary and rank should be equal to that of police sergeammt; 3. Juvenile Officer must work in plain clothes during the hours when it is: most conducive to meet with parents, school personnel, community agenciies and juveniles in the community; 4. Juvenile Officer must be a graduate of the Juvenile Officer Institute oaf the University of Minnesota. This is one of his memorandums and I will read all of them, gentlemen, so we willl have all of his requests in order. This one request, permission to hire one additional patrolman as of September 1,,, 1969, starting pay will be $530.00 per month, as provided for in the 1969 Police City Contract. Examinations has been conducted and a qualified candidate can be named. The reason for this request at this time is that Sergeant Johnson will be • 406 (August 20, 1969 - continued) • off work for a period of two months due to illness. Money is available in the present police budget to cover the expense of the new officer. And the other one for consideration of -- "I recommend that Officer Robert Conley acting as a full time parking meter officer as provided for in a Minnesota Law effective July 1, 1969. I feel that this will provide for a more - much more effective meter control for the City Patrolman Conley will also act as a full time animal control officer for the City of Stillwater. In assuming the above mentioned duties Conley will work in uniform in the downtown area. These are the three requests from Chief Abrahamson. (At this time discussion was held). Councilman Carlberg: Well, Mr. Mayor, I would like to make a motion that we go along with the Chief's proposals as far as Officer Conley is concerned and Officer Knefelkamp is concerned and also, as long as it fits in his budget. as long as a new man is concerned; and I would also like to include in the motion that we look into our budget to see if there is any way that we could increase Officer Knefelkamps salary before the first of the year. Mayor Powell: Before I ask for a second, because I have asked - and I would like to continue that, if George has anything to say. I don't want to slight him, because we want to hear everybody's opinion. Councilman Wohlers: I have said what I want to say. Mayor Powell: Is there a second to the motion? Councilman Melstrom: I will second. Mayor Powell: you heard the motion and the second. All those in favor say aye. (all in favor) Mayor Powell: Opposed? (none opposed). Mayor Powell: Motion is carried. GARBAGE COLLECTION SERVICE AGREEMENT: Mayor Powell: We have a resoltuion then tonight, also. Mr. Brower: Mr. Kimmel has before him an agreement form that I have asked him to check and give his opinion on before the Council takes action. Mr. Kimmel: I think as long as we changed the date of the agreement I might change a little bit of the whereas so that it reflects the situation as it does the other one reflected the situation as I understood it to be at the time the agreement was orally entered into and this one. As I understand it now you intend to make the agreement a current agreement adopted by the present Council by"resolution of the present Council and so I would simply just change the whereas a little bit. As far as the rest of it is concerned I don't know exactly what your discussion with Mr. Junker was, but there is a difference in the amount - total amount of money that is payable under the one agreement as opposed to the other agreement, you are aware of that? (At this time extensive discussion was had). Mayor Powell: If this is agreeable then the chair would entertain a motion to introduce this resolution. Councilman Melstrom: I move the resolution as presented by the Attorney when he gets done with it be accepted. Mayor Powell: Is there a second? (At this time further discussion was had). • • • (August 20, 1969 - continued) 407 • Councilman Carlberg: I will second'. Mayor Powell: All those in favor say "aye". (all in favor). Mayor Powell: Motion is passed. (See resolutions). RESOLUTION REGARDING CHANGES IN THE POLICE DEPARTMENT -- Mr. Brower: In answer to your question I presume that you would need a resoluti._an for Officer Nnefelkamp and also I think to verify the position of Conley. I think they should both be - Councilman Melstrom: Can that be in one resolution? We have to have a resolut:Lon to establish this Juvenile - Mr. Brower: I think it would be the proper way to handle it. Mayor Powell: The resolution should create theposition of Juvenile Officer and also state that it should be the rank of Sergeant. Chief Abrahamson: Equivalent. Mayor Powell: Equivalent to the rank of Sergeant and then it should also state that Officer Conley would then be the officer in charge of over -time violations: and also Dog Catcher, all that should be included in it. Councilman Carlberg: Well, of course, I didn't move to enter a resolution, by my motion included thataccording to the recommendations of the Chief as stated. so maybe we should just make that enter a resolution stating as such. Mayor Powell: Is there a second? Councilman Melstrom: I second. Mayor Powell: The motion has been made and seconded that we introduce a resolutionn that has to do with discussion tonight which we all agree on with the Police Department and it will be worded satisfactorily, I'm sure. All of those in favors say "aye". (All in favor). Mayor Powell: Opposed? (None Opposed.) Mayor Powell: Motion is carried and we will have toll call on the resolution. (At this time Mr. Brower made a roll call and all were in favor). (See resolutions) Mayor Powell: And the chair would now entertain a motion to adjourn and thank you for your coming out tonight. I know we have been hitting her pretty hard. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. 2. 3. 4. Payment to Jack Junker (Modifying Original Contract Stillwater Sanitation arid Allowing Additional Compensation.) Opposing Taxing of Municipal Obligations (Not Published). Accepting Painting Showing the Source of the Mississippi River. (repass). Naming David Rnefelkamp as Juvenile Officer and officer Robert Conley in Charge of over -time violations and also Dog Catcher. (Not published in required time - repassed 9-9-69) Attest: City Clerk Mayor e• COUNCIL CHAMBER Stillwater, Minnesota BID OPENING September 4, 1969 4:30 P. M. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Powell Absent: None Also Present: City Administrator, Brower; Assistant to the City Administrator, Loland; City Attorney, Kimmel• Banister Engineering Company -- Len Newquist. This was the day and time set to open bids for Local improvement Nos. 78-79- 80-84-85-86-87--1969. The Clerk read the advertisement for bids aloud; Mayor Powell inquired if the advertisement for bide was published, and the Clerk informed the Council that 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 August 14, 1969 and in the Construction Bulletin on August 14, August 21 and August 28, 1969. The following bids were then opened and read aloud: Bid No. 1 Moelter Construction Co. Stillwater, Minnesota Bid Bond Total Base Bid $226,505.45 Total Add Alternate Bid No. 2 Erwin Montgomery Construction St. Paul, Minnesota $ 73,493.30 Bid Bond Total Base Bid $215,572.65 Total Add Alternate $ 64,186.70 Bid No. 3 Marvin Rehbein Contracting, Inc. Forest Lake, Minnesota Bid Bond Total Base Bid $224,558.90 Bid No. 4 Total Add Alternate $ 70,911.20 Arcon Construction Co. Mora, Minnesota Bid Bond Total Base Bid $221,271.23 Total Add Alternate $ 75,362.50 • • On motion of councilman Melstrom, seconded by councilman Carlberg thse bids were referred to the Engineering Staff and the Legal Staff to return with a recommendation on September 9, 1969. On motion of Councilman Carlberg, seconded by Councilman Lammers the meetiing adjourned at 4:45 P. M. Attest: City Clerk Mayor e • COUNCIL CHAMBER Stillwater, Minnesota September 9, 1969 REGULAR MEETING The meeting was called to order by President Powell. 7:30 P. M. _ The opening prayer was given by the Assistant to the City Administrator, Mr. Loland. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Powell Absent: None Also Present: City Administrator, Brower; Assistant to the City Administrator, Loland; City Attorney, Kimmel; Chief of Police, Wallace Abrahamson; Fire Chief, Cormier; Building Inspector, Lawson; Superintendent of Public Works, Shelton; Director of Parks and Recreation, Blekum; Consulting Engineer, Duane Elliott Press: None in attendance Citizens: Dr. Fred Kalinoff, Jack Junker, Bud Moelter, Chester Wilson, Donald Junker, Mr. & Mrs. James Schmidt, Walter Merit (American Automobile Club), Robert Steindorff, Ed Cain. DELEGATIONS OR INDIVIDUALS (out of order) Mr. Walter Merit The Automobile Club, St. Paul In behalf of the American Automobile Association, the Automobile Club of St. Paul and its president, George L. Heleniak I would like to present to the City of Stillwater this special citation from the AAA to your Chief of Police for your pedestrian protection record dui'ng 1968. Also I would like to ask how many members of the Council, Mayor and City Administrator were accident free for the last five years. (He then presented individual awards to the following: Mayor Powell City Administrator, Lester Brower Councilman James Lammers Police Chief Abrahamson Fire Chief Cormier Assistant to the City Administrator, Loland UNFINISHED BUSINESS (out of order) This was the day and time set to open bids for the Demolition of the Minnesota Mercantile Company and the Stillwater Hardware Company Warehouse Buildings. 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, official newspaper of the City, on August 28, 1969. Bid No. 1 Moelter Construction Co., Inc. Stillwater, Minnesota Bid Bond Start date-11-1-69 Completion date-12-31-69 Total Bid $27,900.00 • • • (September 9, 1969 - continued) 411 e • Bid No. 2 Gibson Construction Co. Bayport, Minnesota Bid Bond Start - as soon as we receive notice from the City Complete 90 days after start date Total Bid $11,500.00 On motion of Councilman Melstrom, seconded by Councilman Wohlers the bids: were referred to the Superintendent of Public Works and the City Attorney with direction to file a report and recommendation at the September 16th Council meeting. This was the day and time set to open bids for the Sale of City Owned Property known as the Ritzer Property. 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 lithe advertisement for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on August 29, 1969. On motion of Councilman Lammers, seconded by Councilman wohlers the one bid was opened by the Clerk as follows: Stillwater Sanitation Services, Inc. Jack Dunker Stillwater, Minnesota $300.00 cash deposit For 3.4 Acres of Land $2,550.00 For Garage $3,000.00 Total $5,550.00 On motion of Councilman Lammers, seconded by Councilman Carlberg this bid was referred to the City Administrator and the City Attorney with direction& to file a report and recommendation at the September 16th Council meeting. This was the day and time set to open bids for the furnishing of Plant Mixed Bituminous. 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 tlhe advertisement for bids was published in the Stillwater Evening Gazette, official] newspaper of the City, on August 27, 1969. The following bids were then opened and read aloud: Sid No. 1 Tower Asphalt, Inc. St. Paul, Minnesota Bid Bond Price per ton $5.00 Bid No. 2 Bituminous Surface Treating Co. Inver Grove Heights, Minnesota Bid Bond Price per ton $4.70 • 412 (September 9, 1969 - continued) r • • Bid No. 3 T. A. Schifsky & Sons, Inc. North St. Paul, Minnesota Bid Bond price per ton $4.85 On motion of Councilman Carlberg, seconded by Councilman Melstrom these bids were referred to the Superintendent of Public Works, the Street Foreman and the City Attorney with direction to file a report and recommen- dation at the September 16th Council meeting. Also when making the recommen- dation they take into consideration the distance for travelling since we haul this material with our trucks. This was the day end time set to open bids for the sale of the Diving Board at the Legion Beach. 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, official newepaper of the City, on September 2, 1969. On motion of Councilman Carlberg, seconded by Councilman Wohlers the one bid was opened by the Clerk as follows: Miller Marine Navy Island St. Paul, Minnesota 55107 $20.00 Cash Deposit Total Bid $306.00 On motion of Councilman Lammers, seconded by Councilman Wohlers the bid was referred to the Director of Parks and Recreation and the City Attorney with direction to file a report and recommendation at the September 16th council meeting. This was the day and time set to open bids for the furnishing of Rock Salt for the year 1969-70. The Clerk read the following telegram in reference to these bids: "Received bid request, September 8, 1969. Because of late arrivel will be unable to submit for opening September 9th. We do ask to extend opening date one week so that we would have time to prepare and submit 3 bid. Matlock. Diamond Crystal Salt Co. St. Clair, Michigan." The Mayor and Council directed the Superintendent of Public Works to notify the persons to whom he sent proposals that this bid opening will be deteined until September 16, 1969 at 7:30 P. M. UNFINISHED ausINFSS out of order) This was the day and time set for a hearing on the proposed vacation of a portion of Fairmeadows Road in Fairmeadows No. 1. The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and mailed to the property owners, and the Clerk informed the Council that the notice for hearing was published on July 24, July 31 and August 7 and August 14, 1969 in the Stillwater Evening Gazette, the official newspaper of the City, and mailed to the property owners on July 24, 1969, • • (September 9, 1969 - continued) 413 The Mayor then opened the hearing. Chester Wilson: I am the attorney for the petitioners. They have to report Uhat certain steps that were discussed with the Council have not been completed amid the officers of the corporation that are concerned with the matter are out off town. After all of the people have been heard, I would ask that action on this woulld be detained until later. It doesn't seem feasible to take action at this time. Mayor Powell: We could adjourn it until the 16th of September and we will harndle the whole hearing in one evening. Some questions may come up that can't be answered. We will just continue it until next week. This was the day and time set for a hearing on the proposed vacation of Hansom Circle in Fairmeadows No. 2. The Clerk read the notice for hearing aloud; the Mayor inquired if the noticre for hearing was published and mailed to the property owners, and the Clerk informed the Council that the notice for hearing was published on Xuly 24, July 31, Auggust 7, and August 14, 1969 in the Stillwater Evening Gazette, the official newspaper of the City, and mailed to the property owners on July 24, 1969. The Mayor then opened the hearing. Chester Wilson: The same situation pertains to this as to the other petition. Mayor Powell: We will hold this hearing also on the 16th. NEW BUSINESS (out of order) Dr. Fred Kalinoff: I believe you have a full report of ourmeetingof last evening. This request was put in by Mr. Hauge and he originally had one for a 16 unit apartment building that was passed at the April 8th Council meeting. This variance permit was granted at that time. I will ask Mr. Hauge to explainn one or two reasons why this has been changed from 16 apartments to 24. He can also acquire some extra land for the apartment building. The area of the land would be about 37,500 square feet for the apartment. He should have 67,200 square feet but he is putting room for 30 parking spaces in the basement of the building. We thought that we should give him credit for 7,020 feet so that he would be short/. 22,608 square feet or about 32%. On his first request last spring he was approxi- mately 54% short. It is much less now. With this in mind we thought this was in his favor. Mayor Powell: This drawing does that include the new land that you propose to body. Mr. Hauge: Yes. Dr. Kalinoff: In buying this new land the narrowest protion of it is on Third Street, the longer distance is on Linden, so we felt he was correct in facing t;_he building on Third Street. As close as we could tell his setback is fine and is; within reason of the other buildings. Also the old building also faced on Thirr& Street. His side yard is correct, his back yard is correct except for one area. in the corner is short ten feet across the West line here for 50 feet. I can thinl.k of thing else. We checked into the heighth of the building and that was fine. John, have I left anything out. John Lawson: I think not. You have the full report here. Dr. Kalinoff: The area in the back would take care of 20 more cars. Mr. Hague: The reason that we went to this type of structure is that the Council.% requested that I find some inside parking. With a 16 unit apartment this is prohibitive. This building should provide $15,000 to $16,000 in tax revenue. Mayor Powell: As I understand it, there is some urgency as to the approval of this request should it be approved. • • (September 9, 1969 - continued) Mr. Hauge: I have local and outside money that has been earmarked for this project and the money will be used elsewhere and I would have to wait until spring. Mayor Powell: This was at a hearing at the April 8th Council meeting. Dr. Kalinoff: At that time it was approved by the City Council. Mayor Powell: The question I have with the variance being somewhat less, is this still considered the same project? Must we go through another hearing. Mr. Hauge has brought in a group of names of the neighbors that they say that they approve of this new plan. Mr. Kimmel: I spoke to Mr. Hauge on the phone this afternoon. This is not the same project proposed originally and it would seem that a new hearing be held on that basis. I told him it is still possible that the Council might not feel that way. You might not feel that way. It would seem to me that you are talking abount a different project. The land is not the same, the building is not the same, the variances are not the same. We are dealing with the zoning ordinance. Mayor Powell: In this ordinance there is a provision to waive the hearing but not in the State Statutes. Basically it is the same - it is an enlargement and Mr. Hauge did bring in a list of ten property owners that have no objection to itz. Dr. Kalinoff: Incidentally Don Carlson, Chairman of the Achitectural Control Committee, went over the plans and finds them very fine. Mayor Powell: I, too, thought that a hearing might be necessary but I read our ordinance and maybe it might be circumvented. Councilman Wohlers: All of these signatures are within the area? Mr. Hauge: Everybody that was home within the area. Mr. Kimmel: We are talking about our ordinance we could waive the hearing but the state law on variances doesn't set a time limit that you have a certain maximum limit of time for establishing a hearing. It does require a hearing before the Planning and Zoning Commission. Councilman Lammers: Does our ordinance require ten days? Mr. Kimmel: Yes. Councilman Lammers: Would your opinion be that we go under the State Statutes or the ordinance? Could we set a hearing for next Tuesday? I feel that we would be in better standing if we did attempt to comply with the law. I myself am in favor of cutting the time period down to next Tuesday, September 16th. Councilman Carlberg: I second the motion. Would one week be inconveniencing you too much? Mr. Hauge: That would be fine. Mayor Powell: I was going to poll the Council as to how they felt about it if the hearing was held in your favor. (The show of hands indicated three in favor of approving the variance permit providing there was no opposition at the time of the hearing.) All members voted in favor of the motion of setting the hearing date for September 16, 1969 at 7:30 P. M. Dr. Kalinoff: Case $60 was for Harold Hohlt. He is the owner of the lot out on the corner of Linden and Center Street. He is short 1,000 feet of 10,000 square feet. He is seeking a variance to be allowed to build on the lot even though it is only 9,000 square feet and also a back yard variance of ten feet. The front of the lot is on Center Street. We recommended that he be allowed these variances to build on 9,000 square feet and the ten foot back yard variance. (September 9, 1969-continued) 415 • • Mr. Kimmel: This lot was platted prior to our Zoning Ordinance. There is a specific provision to our Zoning Ordinance dealing with lots of smaller size that were platted prior to the ordinance. Dr. Kalinoff did not report on Case No. 59, Robert Anderson, 207 West Myrtle Street, but the Council had been presented with the minutes of the Planning and Zoning Commission's meeting of September 8, 1969 regarding this matter as follows: A variance request to build a Four -Car Garage on the East side of apartment building, insofar as the sa-e does not comply with yard requirements for placement of a garage building. Garage will be unattached and area already used for parking. (As this property is laid out the garage would be in the front yard of said apartment.) The Planning and Zoning Commission approved this variance.. On motion of Councilman Carlberg, seconded by Councilman Melstrom the date of September 16, 1969 at 7:30 P. M. was set for the variance hearing on Cases 59 and 60. (The Mayor declared a recress from 8:30 to 8:40 P. M.) This was the day and time set for a hearing on a proposed variance, Case No. 56 - Neil Miller, 1019 Fourth Avenue South. The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and mailed to the property owners, and the Clerk informed the Council that the notice for hearing was published on August 28, 1969 in the Stillwater Evening Gazette, the official newspaper of the City, and mailed to the property owners on August 28, 1969. The Mayor then opened the hearing. No one appeared in favor or against this request. The Mayor then closed the hearing. On motion of Councilman Melstrom, seconded by Councilman Wohlers the Council concurred with the recommendation of the Planning and Zoning Commission and approved a variance permit for Neil Meiller, 1019 Fourth Avenue South for an attached garage to the North side of his house. This was the day and time set for a hearing on a proposed variance, Case No. 54 - Jerome Kainz, 1316 West Olive Street. The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and mailed to the property owners, and the Clerk informeed the Council that the notice for hearing was published on August 27, 1969 in the Stillwater Evening Gazette, the official newspaper of the City, and mailed to the property owners on August 27, 1969. The Mayor then opened the hearing. No one appeared in favor or against this request. (Mr. Kainz inquired if he wishes to make another addition sometime in the future, if he would have to request another variance and he was informed that he would have to make another request at such time that he intended to make further additions.) The Mayor then closed the hearing. On motion of Councilman Melstrom, seconded by councilman Wohlers the Council concurred with the recommendation of the Planning and Zoning Commission and approved a variance for Jerome Kainz, 1316 west Olive Street for an eight foot addition to the West of his home. 416 (September 9, 1969 - continued) • • UNFINISHED BUSINESS (out of order) Mr. Elliott: I would recommend that the bid for the proposed street work be awarded to the Montgomery Construction Company. On Friday, September 5th we met with some of the people on Lake Drive relative to the storm sewer that would serve the Pine Tree Trail area that were interested in the project. There are some comments relative to that meeting in the agenda. Discussion was held on the changed plan of the proposed plan an the alternate being to construct the storm sewer drain to a Southerly line as an extension of Willard Street, East on that to a new outlet in Brick. The cost will be slightly higher. At the present time the estimated cost of Pine Tree Trail storm sewer and using low bid prices of sewer costs, the cost of $21,532.00. By rerouting this it would cost $31,312.00 or a difference of about $9,780.00. The major addition to the route proposed in the plan would be the cost of assessments to get from Pine Tree Trail down to the Lake and go between the homes. Mayor Powell: Is there any chance of hooking on to the existing line? Mr. Elliott: No, it would have to go along side it. In preparing the speci- fications the consideration was of the add -alternate. This was taken from the data prepared by Ron Ehlinger for the hearing dated March 12, 1969. From the standpoint of street costs and storm sewer costs with respect to Willard, Brick and Seeley. it was anticipated that the City's portion of the costs would be as follows: 25% of the estimated cost of $77,100.00 and the actual was $76,363.00. We are faced with a $9,700.00 additional. Councilman Wohlers: How much time do we have on this Pi:e Tree Trail situation? Mr. Elliott: You mean to get this resolved. Councilman Wohlers: Yes. Mr. Elliott: The contractor could start William Street and Fairmeadows No. 3. It is getting late in the season. We are probably going to have to complete this next year. Completion date is 1970. Councilman Carlberg: Have you started to write the condemnations up on Pine Tree Trail? Mr. Kimmel: To the best of my knowledge you haven't ordered these - you have discussed this. We did talk to Mr. Benson. Councilman Carlberg: I talked to several people up on Pine Tree Trail. I think if we are going to get this resolved, we are going to have to start on it right away. Mr. Kimmel: I think before you start condemnation, you are going to want to know where you are going to put the sewer. You are going to want to acquire these or the others. A couple of these decisions the Council is going to have to make be- fore you start the condemnations. The condemnations are the final decisions. Councilman Lammers: That we were to proceed and negotiate with the people and this was to be done at least. Mr. Kimmel: The only one we have contacted is Mr. Benson. Councilman Lammers: I agree that we will have to determine where the sewer lines will go. What would the procedure be if we request that we change the sewer liner. Do we do this by change order? Mr. Elliott: I would recommend that this be done by change order. We have bid prices on each of the pipe sizes. we will have to revise the plans and raise the price. That is what our estimate is based on. Councilman Lammers: The amount of dollars involved in the two routes - can you give us briefly without too much detail. Mr. Elliott: I don't have a detailed estimate of the planned route. I have the total cost. The alternate route as you recall when we proposed to go East from Lake Drive down toward Lake Drive at that point we are at the lowest point oppositte the green farm house. This is the most economical route because we are very deep with the storm sewer. The other factor is the greater length. It is the greater • • (September 9, 1969 - continued) 417 \` • depth for part of the distance and greater length and greater pipe diameter so this is what happens on Willard Street. It is a combination of three things_. Councilman Lammers: I thought the original idea was that the existing pipe was sufficient. Mayor Powell: Since we pay a certain amount to run that pipe to the Lake earn we than run another along side it? Mr. Kimmel: I would have to look at your easement. I cannot answer this wiithout looking at the easement. Mr. Elliott: The capacity is about 100 and the design for that system was 906. The plan that we have now is draining a portion of Willard, Brick and Seeley to connect that small area into it. The capacity required for Pine Tree Trail is 43 CS?. This would be an outlet right adjoining to the present outlet. Councilman Lammers: How long has the present outlet been in existence? Mr. Shelton: About five years. Councilman Lammers: Who designed this? Mr. Elliott: The Banister Engineering Company. A storm sewer is necessary. Et is necessary for the Council to decide to spend $10,000.00. Councilman Lammers: Have you had a chance to check the line as it affects property lines? Mr. Elliott: We are running right along lot lines all the way from Pine Tree Trail. Right now we have a straight route through there. we have some twenty easements drawn. There is a lot of work involved in acquiring the easements. Councilman Lammers: I would hope that there would not be a duplication of comets here. Mr. Elliott: A storm sewer outlet between these two homes would make it diffiacult for the City to get in there with any type of vehicle to remove the build-up. Citizen: This line down Willard about 50 feet would it be possible to increase tLe size of the existing sewer? Mr. Elliott: It would cost more :money. The existing pipe would be the cost oof the other pipe. You get up to that size you are talking about $30.00 per lineal foot. Mr. Ed Cain: You should consider the overall value of our City. It could be a water pollution center for the area and have innumerable sewer outlets into it:. I certainly don't myself. Mr. Elliott: The lake is there because of the drainage in the area. Mr. Cain: It is there because of the springs. Mr. Elliott: It is there because of both. Lyle Anderson: I think this is the problem with this one particular sewer involved we are going to have more houses up there. It is a question of time and this tRhinq has to be laid out correctly or the lake will be destroyed. It is something that has to be thought of this time. I think the City Council wants to keep this hake. I don't think that many sewers is the answer. This is an accumulation of salt and ins sctides and by controlling the outlets perhaps we can control the water going in that when this does become a major problem and we will have to think about iit now. Donald Dunker: Who pays for all that storm sewer? Mayor Powell: Everybody pays for it. Donald Dunker: That won't be assessed to the property owners. Mayor Powell: No. I had a talk with Mr. Herschleb and he basically had the same idea as Mr. Anderson and he wondered why it couldn't be diverted over to McKusioek Lake. • (September 9, 1969-continued) Mr. Anderson: If it is done properly, it can be controlled. Maybe in a few years we will have a good way of controlling this. We need a fair amount of that water to keep the lake up, Councilman Lammers: Do you forsee in the future for any other additional storm sewers into Lily Lake other than these that we are considering now, specifically the Benson property. Have you all of this area in the present study? Mr. Elliott: L am primarily concerned with Pine Tree Trail. Development in that area might require storm sewers. Mr. Cain: How far would this sewage go into the Lake? Mr. Elliott: We propose as the one on Willard and Lake at the edge of the Lake. At that location with a flared -in section or an apron. Mr. Cain: I am wondering if there is another storm sewer in the area? Mr. Elliott: If there is, I presume it was put in before the larger storm sewer was put in. Mayor Powell: The large one that takes care of Olive, Brick and Seeley. Councilman Carlberg: I suggest having a special meeting involving all the people on Lake Drive and Pine Tree Trail and have a notification sent out and not have it at a regular Council meeting and get everybody together to make some kind of a decision as to what to do. Mayor Powell: I think you are getting a pretty hearing and this one. It is going to boil down spend. Mr. Elliott: There is no sewer in the whole area be treated to keep down the allegia growth. The Drive location is 12 inches in diameter. Mr. Anderson: How will you maintain it? Mr. Elliott: We don't expect any fill up in there. We could go on the ice in the winter time and break the ice. The sand will be reduced when the street is improved. good cross section from the last to how much the Council wants to Of this capacity. The lake can outlet proposed at the Lake Mayor Powell: If you increase your capacity, it might run it out further and require less cleaning out. By now the fill along side the streets should not be getting in there. Perhaps a meeting at a later date might delay the awarding of the contract. Councilman Wohlers: Can't we delay this? Mayor Powell: This sewer work has to be done before we can surface the streets. Councilman Lammers: How does the land acquisition fit into the awarding of the bid? Mr. Elliott: With respect to Pine Tree Trail I have prepared all the descriptions as I see the property required. I do not feel tlat we are doing any damage or extensive damage to any property. I feel we can see this street in better today than at any time. I think once they are staked out in the field and the people are aware of what we need, I don't think we will have any problems. Mr. Kimmel: Everybody from whom we have to take property will expect some sort of compensation. Mayor Powell: You are talking about that Mr. Kimmel: Road easements, yes, where we the temporary slope easements will expect made unless the Councils states that they the project. which we will have to purchase. are acquiring permanent easements, but no compensation. No contracts will be are definitely going to proceed with • • (September 9, 1969 - continued) 419 • councilman Carlberg: Do we have any communications from Stillwater Township on the piece in Stillwater Township? Mr. Kimmel: They told Mr. Benson that they would cooperate with him. Councilman Lammers: I don't believe the communication has been officially acted on. Councilman Carlberg: I am recalling that is why we did not start condemnations because of the interest of Stillwater Township. Mr. Elliott: If the add -alternate is not awarded at this time, it should be entered into with full knowledge that we would not contract Lake Drive, Seeley and Brick this year, or we are awarding Seeley, Brick and Willard with a storm sewer with additional capacity for this small area that would be built and be a future outlet for Pine Tree Trail crossing under Lake Drive going between these two homes. I don't think that if we were not to resolve this matter it would seem unwise to bury an unresolved matter. Councilman Lammers: If we were to award the bid, what about the construction schedule? Mr. Elliott: The schedule is set out in the specifications. (Mr..Elliott then read the schedule as set forth in the specifications). Councilman Lammers: If we chose an alternate route, would it be possible to order: the add -alternate or how long would it take to do that engineering? Mr. Elliott: If we were certain that Pine Tree Trail were going ahead, I would say that we could award with the add -alternate tonite and handle it with a change order with the contractor. The design is no problem. Mayor Powell: If this were resolved tonite that we were to go down Lake Drive and Willard with a storm sewer, would it be legal to assess the bid price and what it might cost to go the other way? Everybody pays for the storm sewer. We only have people here who would be interested in this area. Mr. Elliott: You can go North an Pine Tree Trail in the extension of Willard and there is a right-of-way there. (Mr.. Elliott showed the preliminary plans to the Council showing the sewer lines in the area.) Mayor Powell: The base bid can be awarded this evening and additional information be gathered on free easements down the hill and down Lake Drive. If we can't get these, we will know next week. The second item on Mr. Elliott's report was the matter of the Everett Street Bridge. The surveys on this bridge were mailed to the Council and they preferred to wait until a later date to take action on this matter but suggested that some- thing be done about the weight load on this bridge. The third item on the report was the Change Order No. 1 and Ur Contractor's Estimate No. 4 for the Greeley Street Project. The Change Order involved the addition of water and sewer stubs to serve two future apartment developments and the addition of rubble rock wall in lieu of grading and landscaping private property in the total amount of $2,938.37. On motion of Councilman Carlberg, seconded by Councilman Melstrom the Change Order No. 1 for South Greeley Street was approved for payment. The matter of a Change Order for $1,700.00 for the Krueger Construction Company for the retaining wall on East Linden Street was presented to the Council. Councilman Lammers: we should approach Mr. Lyons about going half on this extra cost. (Mayor Powell directed the City Attorney to contact Mr. Lyons about this extra cost on this project.) • • (September 9, 1969 - continued) • • APPLICATIONS On motion of Councilman Carlberg, seconded by Councilman Wohlers a license to Operate a Popcorn Wagon was granted to Louis Zeuli, 716 South Everett Street. (renewal). COMMUNICATIONS None DELEGATIONS OR INDIVIDUALS None at this point in the meeting. PETITIONS Mr. & Mrs. Lyle Anderson, Mr. Edwin Cain. Mr. & Mrs. Gene Bealka appeared before the Council in reference to a petition opposing the construction of additional storm sewer culverts on Lily Lake. (The petition was not read as this matter was taken care of under the Consulting Engineer's Report.) A petition with 28 signatures requestthg the estimated cost to reconstruct East St. Louis Street from Fifth Avenue East was filed in the City Clerk's office on November 12, 1968. This petition was accepted by the City Council on November 12, 1968. The Administrator has received several calls in regard to this petition from property owners residing on Third Avenue South, East St. Louis and Hillcrest Drive. Apparently the petition should have read "THE UNDERSIGNED BEING A MAJORITY OF THE FREE- HOLDERS ABUTTING ON THIRD AVENUE SOUTH AND EAST ST. LOUIS STREET FROM FIFTH AVENUE EAST AND HILLCREST DRIVE FROM EAST ST. LOUIS TO SECOND AVENUE DO HEREBY RESPECTFULLY REQUEST THE ESTIMATED COST TO RECONSTRUCT THE ABOVE NAMED STREETS OR THE PLACING OF A BITUMINOUS MAT. IF THIS IS FEASIBLE IN THE ENGINEER'S OPINION. On motion of Councilman Lammers, seconded by Councilman Carlberg the petition for Third Avenue South, East St. Louis and Hillcrest Drive was accepted and a feasibility report was ordered and the hearing date was set for October 7, 1969. (see resolutions). CITY ADMINISTRATOR'S REPORT 1. The City Administrator asked the Council for direction regarding the financing for the projects for which the contracts were awarded this evening. Mr. Springsted will be here on September 10, to pick up the $120,000.00 Revenue Bonds for the Minnesota Mercantile and Stillwater Hardware House Buildings. I would like direction to get him started on this $300,000.00 issue and get the wheels in motion. Money that is not being used presently will be invested. On motion of Councilman Carlberg, seconded by Councilman Melstrom the City Administrator was erected to contact the bonding consultant and to do the preliminary w.,rk for a $300,000.00 bond issue for street projects. • • (September 9, 1969 - continued) 2. The City Administrator informed the Mayor a:d Council of the Agreement with the American Legion Post No. 48 regarding the sponsoring of the junior baseball program and the City's contribution of $200.00 annually. Councilman Lammers: I am strongly opposed to this. There are many other programs. Mr. Blekum: The Legion Post agreed to equip and coach an American Legion team in the tournament to enter in a state tournament. The Recreation Commission agreed to furnish $200.00 and it was passed. It was intended to come in every year and the program was carried out every year. Mayor Powell: How much total did they spend on this program? Mr. Blekum: They buy the uniforms and the transportat'on to the various tournaments. Mr. Shelton: About every three years they buy new uniforms. The School paid for some of this. This year the expense was six to eight thousand dollars. It is paying the coaches and umpires. The $200.00 could be anywhere from 15 to 20%. Councilman Lammers: As it was told to us it was about $1,350.00 a year. Mr. Blekum: This contract as of now can be terminated by either or both parties. Councilman Lammers: I question singling out one program. Councilman Carlberg: I am in agreement with Councilman Lammers. I can't justify paying out $200.00 per year especially from our Recreational Fund. Mayor Powell: The baseball season is over now and it would appear that they operated assuming that they would get this from us. Councilman Lammers.: I am in agreement with Mayor Powell's suggestions that it was acted on. Mayor Powell: This agreement is for this year. Councilman Carlberg: I would like to make a motion that we make this donation of $20100 this year and direct the City Administrator to write- a letter to the American Legion Post No. 48 explaining that we do not feel it is fair to the other organizations. Councilman Melstrom seconded the motion. (all in favor). 3. On motion of Councilman Carlberg, seconded by Councilman Lammers the following amendment to the contract with Banister Engineering Company, St. Paul, Minnesota was approved: L. I. 86-69 Fairmeadows No. 3 Addition - Sanitary Sewer, Water Main, Storm Sewer and Services. L. I. 87-69 Fairmeadows No. 3 Addition - Construction grading, base Construction, Surfacing and Curb and Gutter. By combining these additional projects with those previously covered in the June 5, 1969 contract, the engineering fee would be reduced by virtue of the increased project size. modify the second paragraph of the June 5, 1969 contract as follows: In accordance with our proposal for engineering services to the City of Stillwater dated June 4, 1969, the basic fee as outlined in Figures 1 and 2 for the proposed construction would result in a composite fee of 8.5 per cent of the cost of construction. This fee would be divided as follows: 6.8% for preparation of plans and specifications 1.7% observation of work (September 9, 1969 - continued) • • we would be pleased to consider the foregoing as an amendment to our June 5, 1969 contract between the Banister Engineering Company and the City of Stillwater upon approval by the Council and the signatures of the authorized persons being affixed hereto. UNFINISHED BUSINESS At the last meeting of the Council plans and estimated costs for a warming house for Staples Field were presented to the City Council by Mr. Blekum. The City Administrator read the following from Chapter 934 of 1969 Regular Sessions Laws: Subd. 4. Contracts from $500 to $5,000. If the amount of the contract is estimated to exceed $500 but not to exceed $5,000, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements or competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Councilman Carlberg: In this particular case where we have so many different contractors that would be available, it would be fair to call for bids. This could be used for purchase of equipment. With something like this, there are so many that would be bidding on this. Mayor Powell: How is the Recreation Department going to come out on their budget? Mr. Loland: There is about $4,000.00 left of the Legion Beach money. Mr. Blekum: This is only a call for materials. Councilman Carlberg: We could send the specifications to all the lumber yards in the City and ask for a return bid from them. Councilman Carlberg: I would like to move that we send a list of the supplies needed to all the lumber yards in Stillwater and ask for a return bid to be opened at the September 16th meeting. Councilman Lammers seconded the motion. (all in favor) (Councilman Melstrom questioned the matter of having the City employees do the construction work on this building but no official action was taken regarding this matter.) On motion of Councilman Melstrom, seconded by Councilman Carlberg the Building Inspector's Report for the month of August, 1969 was approved and ordered filed. On motion of Councilman Carlberg, seconded by Councilman Lammers the Clerk made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 417 OF THE CITY OF STILLWATER REGULATING PARKING IN THE CITY OF STILLWATER." 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. • • e • On motion of Councilman Carlberg, seconded by Councilman Wohlers the Clerk made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF STILDOATER AND REGULATING THE KEEPING OF FARM ANIMALS WITHIN THE CITY LIMITS OF THE CITY OF STILLWATER." 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 Carlberg, seconded by Councilman Wohlers the Clerk made the second reading of an ordinance entitled "AN ORDINANCE ESTABLISHING PENALTIES FOR VIOLATIONS OF PROVISIONS OF ORDINANCES OF THE CITY OF STILLWATER." Mayor Powell: what would be the proper method of having a parking ticket payable at $1.00 if it was paid within 24 hours? What would be the proper method of doing that, for a working agreement with the judge. Mr. Kimmel: If you had a working agreement with the judge and it wasn't working then you change the ord+'.nance. Councilman Lammers: We should adopt a schedule that we like. Mr. Kimmel: I don't care. I don't want to see you put in a $10.00 maximum. This is what I objected to in the present ordinance. Mayor Powell: What was the schedule that we had? Police Chief: Three days if $1.00; after 3 days to 15 days--$2.00 and after 15 days it is $5.00. Mrs.Joyce Schmidt: What about a receipt - it is your word against theirs? Police Chief: with the new setup this problem will be taken care of. Councilman Wohlers: I make a recommendation that the charge be $1.00 for three days and thereon it is the judge's discretion. Councilman Carlberg: How would you make this effective? Mr. Kimmel: I can add to the paragraph on penalties that if paid within 72 hours shall be subject to the maximum penalty of $1.00. (Mr. Kimmel submitted the following addition to Section 1): "except the parking meter violations as provided for under Ordinance No. 322 and ordinances amendatory thereof paid within seventy-two hours after issued shall be fined One Dollar ($1.00). 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. UNFINISHED BUSINESS (out of order) On motion of Councilman Carlberg, seconded by Councilman Melstrom the following persons were named to the Housing Authority: Fred Bohlken Donald Nolde Richard Jeans Donald Carlson • • e • On motion of Councilman Carlberg, seconded by Councilman Wohlers the Clerk made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF STILDOATER AND REGULATING THE KEEPING OF FARM ANIMALS WITHIN THE CITY LIMITS OF THE CITY OF STILLWATER." 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 Carlberg, seconded by Councilman Wohlers the Clerk made the second reading of an ordinance entitled "AN ORDINANCE ESTABLISHING PENALTIES FOR VIOLATIONS OF PROVISIONS OF ORDINANCES OF THE CITY OF STILLWATER." Mayor Powell: what would be the proper method of having a parking ticket payable at $1.00 if it was paid within 24 hours? What would be the proper method of doing that, for a working agreement with the judge. Mr. Kimmel: If you had a working agreement with the judge and it wasn't working then you change the ord+'.nance. Councilman Lammers: We should adopt a schedule that we like. Mr. Kimmel: I don't care. I don't want to see you put in a $10.00 maximum. This is what I objected to in the present ordinance. Mayor Powell: What was the schedule that we had? Police Chief: Three days if $1.00; after 3 days to 15 days--$2.00 and after 15 days it is $5.00. Mrs.Joyce Schmidt: What about a receipt - it is your word against theirs? Police Chief: with the new setup this problem will be taken care of. Councilman Wohlers: I make a recommendation that the charge be $1.00 for three days and thereon it is the judge's discretion. Councilman Carlberg: How would you make this effective? Mr. Kimmel: I can add to the paragraph on penalties that if paid within 72 hours shall be subject to the maximum penalty of $1.00. (Mr. Kimmel submitted the following addition to Section 1): "except the parking meter violations as provided for under Ordinance No. 322 and ordinances amendatory thereof paid within seventy-two hours after issued shall be fined One Dollar ($1.00). 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. UNFINISHED BUSINESS (out of order) On motion of Councilman Carlberg, seconded by Councilman Melstrom the following persons were named to the Housing Authority: Fred Bohlken Donald Nolde Richard Jeans Donald Carlson • • • 425 COUNCIL CHAMBER Stillwater, Minnesota September 16, 1969 7:30 P. M. 7k REGULAR MEETING The meeting was called to order by President Powell. The opening prayer was given by the Assistant to the City Administrator, Wayne Loland. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Powell Absent: None Also Present: City Administrator, Brower, Assistant to the City Administrator, Loland, City Attorney, Kimmel; Chief of Police, Wallace Abrahamson: Building Inspector, Lawson, Superintendent of Public Works, Shelton; Director of Parks and Recreation, Blekum; Consulting Engineer, Duane Elliott. Press: Jim Brodie, St. Paul Dispatch Roger Gratiot, Stillwater Gazette Citizens: Vacil Kalinoff, Dr. Fred Kalinoff, Jack Junker, Mr. & Mrs. James Schmidt, James Simpson, Larry Hauge, Chester Wilson, Mr. & Mrs. Bob Thompson, Dick Jeans, Frank Graham, Jerry Wallace, George Kutta, Wendell Beardsley, Alex Kraemer, Mr. & Mrs. Meade UNFINISHED BUSINESS (out of order) Mayor Powell opened the hearing on the petition to vacate Hanson Circle in Fairmeadows No. 2 on September 9, 1969 at 7:30 P. M. Mayor Powell then announced that he had received a request from Mr. Chester Wilson representing T & L, Inc. that this hearing be continued to September 16, 1969 at 7:30 P. M. 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 of hearing was published in the Stillwater Evening Gazette, official newspaper of the City on July 24, July 31, August 7, and August 14, 1969. The Mayor then opened the hearing. Councilman Lammers: I thought we didn't discuss this last week because certain: conditions had not been fulfilled. Chester Wilson: I think you might find a large part of it has been complied wi..th. Two small ends of Hanson Circle were vacated earlier. The agreement that the owners T & L, Inc. had was that they would proceed with the vacation of the remainder of Hanson Circle and thereupon would also convey to the City, the ent:lre part of Hanson Circle vacated and then included the lots inside of the horsesho.,e. The vacation is in partial compliance with the original agreement. T & L agree.:± to make some improvements within it and these are in process. I do not have it: since Mr. Steindorff one of the officers was to come tonite to tell you what hetl been agreed upon and the City Attorney has the exact description. I can assure the Council and the people that the corporation is willing to comply with the original agreement and convey to the City everything that was to be conveyed at. the previous vacation in accordance with the description to be approved by the City Attorney. Mayor Powell: Mr. Steindorff you had a Quit Claim Deed for us? • 426 (September 16, 1969 - continued) • • Bob The Mayor then closed the hearing. Mayor Powell opened the hearing on the petition to vacate a portion of Fair- measows Road in Fairmeadows No. 1, on September 9, 1969 at 7:30 P. M. Mayor Powell then announced that he had receiveda request from Mr. Chester Wilson representing T & L, Inc. that this hearing be continued to September 16, 1969 at 7:30 P. M. 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 July 24, July 31, August 7 and August 14, 1969. The Mayor then opened the hearing. Mr. Wilson; I have a copy of the new plat. It is the tag end of Fairmeadows Road that has served no purpose and will never serve any purpose. This vacated part will be incorporated into a lot in Fairmeadows No. 3 and be on the tax roll. Mayor Powell: Oak Ridge Road will continue further West than is indicated on this diagram? Mr. Steindorff: Yes - there will not be any dead ends in there. Councilman Lammers: i would ask the City Attorney if he feels that we are in a position to make this vacation. City Attorney: As far as this particular piece is concerned it has never been used as a street. As far as Hanson Circle is concerned I see no problem. As far as I am concerned we want the vacation prior to the conveyance of the land. I see no inconsistencies here. The Mayor then closed the hearing. The Mayor then called for the roll call on the following two resolutions and they were unanimously adopted: 1. The vacation of Hanson Circle 2. The vacation of a portion of Fairmeadows Road in Fairmeadows No. 1 UNFINISHED BUSINESS(out of order) The Planning and Zoning Commission recommended that a street light be installed on Riverview Drive near the Dr. Fred Kalinoff property. After considerable discussion, on motion of Councilman Lammers, seconded by Councilman Wohlers that the City Administrator, the Superintendent of Public Works and a representative from the NSP Company again check this location and bring in a recommendation at the City Council meeting to be held on September 16, 1969. The Superintendent of Public Works reports as follows: "Have checked this out and although there is an apparent need for a street light in this location, as there is for many other sections of the City, I feel that if a light is placed on this street that the location of said light should be decided by the City Council." Your Administrator feels that there is a need for a light in this area but suggests that the location should be a compromise between Dr. Balinoff and his neighbors. Mr. Graham of the Northern States Power Company has informed me that there is a new type light which might be the answer to the problem in this particular area. • (September 16, 1969 - continued) 427 ` Jerry Wallace: We didn't want poles and overlines in this area. Mr. Frank Graham has been working on this and he can explain this for you. Frank Graham: I have what you call the field sketch of our distribution designer for a light in this area. We can install a light in the area. We will only install this with the approval of the City Council. I can present to you the rough sketch - it shows our facilities in the area where we can install! a 150 watt light. We would like to present these sketches to you so that youu have a clearer picture of this light. Mayor Powell: Can you install a light that will not be objectionable? Mr. Graham: This is the question that can be answered only after it has been installed. My personal experience with the lighting is it can be installedB so the people shouldn't object to it. Maybe it can be located so it will not be objectionable. This is something that we cannot know until it is put into service. If there is an objection, we can also remove it. Mr. Wallace: The alternative would be a yard light. This is a night watch service, and this can only be installed Where we have the facilities. We do not haves it near here unless the individual wishes to pay for it himself. Mr. Alex Kraemer: Our house is on Lot 5 or 1410 Riverview. You have my trotter before you. I tried to express my thoughts and feelings that are shared byy my neighbors. I believe that the light at the Southeast corner of Lot 3 approecimately will afford adequate illumination with the new vapor light. Of course, the. Light has difficulty of penetrating the dense foilage of the area. The light was: installed earlier this year when the leaves were not on the trees and did seem to illuminate the area quite adequately. Another light would be crowding lights unduly there. I would like to voice my objection to this light. Mr. Wendell Beardsley: It does poise a particular problem to Mt. Kraemer's: house and secondly to my home because of the slope of the ground. We have done ev .rything that we could do provide underground services to Mr. Kalinoff. We don't wanat the area cluttered up with unslightly poles and overhead lines. Possibly it cou::Ld be put up the hill far enough so that it might not present a problem at all. :If an agreeable location is found and doesn't pose any problem, nobody will objec.+t to that. Councilman Wohlers: Whatis the objection to the light? It it poles and limes? Mr. Beardsley: Our yard area are just about the heighth of a street light. This is in front of our living room windows. Councilman Lammers: Is there any reasonable solution? me. Beardsley: We think a shielded light. Possibly a low light could be constructed there. These are things that should be investigated before anytl:hing is decided. Mayor Powell: Mr. Kalinoff have you given any consideration to any of them.* gas lights? Dr. Kalinoff: They won't do the trick at all. That is only a small light tl:hat lights up your yard a little bit. Mr. Wallace: Mr. Mayor we can try this. We could go ahead with a light anni check with the neighbors up there. If this light is going to be too bright. we can take it down. We can put this light up and try it. If that doesn't worPt, then the only alternative would be one of these night watch units on Mr. Ka:dlinoff's property. Mayor Powell: What is the distance between the two existing lights? Mr. Graham: I would estimate about 200 to 250 feet. What we suggest that man be mounted on the pole that is right there with a two foot mask arm with a ttwo-way light arm. It is a shorter pole and we possibly would be down a little law.. IE they wanted to try it as far as the company is concerned, we would put this up and if there is any objection we will take it down. • Zb (September 16, 1969 - continued) • Councilman Wohlers: I went up in that neighborhood twice and if I was in Mr. xalinoff's place, I would want a light too. It le black up there. I would make a motion that the NSP try this thing and see how it gets along with the neighbors and if not the best thing is to have Mr. Kalinoff put the light in his own yard. Mayor Powell: Any comment from the objectors? That is a fair way. Mr. Beardsley: I think that is an agreeable way to do it. Mr. Kraemer: How kr is the light that is located approximately at the South- east corner of Lot 3 from the boundary of Lot 2. Dr. Kalinoff: The light Alex mentions lights up the South end of my house but doesn't light the street. Mayor Powell: The light that is now proposed will not benefit anybody but you. Dr. Kalino£fs It is going to light the street. Mayor Powell: Mr. Beardsley doesn't want it. Mr. Kraemer doesn't want it. Dr. xalinoffs They explained before why they don't want it. The street light shines in the windows of the homes. Mayor Powell: The only thing that I am considering is that it is difficult for ms to see how the City can afford to put a street light in for one person. If everybody wanted it, then it is different. Dr. Kalinoff: Neither one of these lights light up this area whatsoever. Mr. Kraemer: The reason there is no light is that it is penetrating the vegetation. Dr. Kalinoff: I think there is a safety factor involved. Vacil Kalinoff: There are also two other lots involved, Lots 3 and 1, both of which could be constructed on. We don't want the value of these lots destroyed by failure to provide lights for the street in front of them. The plat was created in good faith and both of these could be sold in good faith. Mayor Powell: I was under the impression that the other two lots were unbuildable. Vacil Kalinoff: No, they are buildable. That is already established as far as the variances. The variances my brother obtained will also hold for these lots. Dr. Kalinoff: This is the way it reads in the zoning ordinance. Nr. Beardsley: All the discussion of building in the future is a little ridiculous. Actually I think it has been the policy in putting in street lights to put them up greeable to the neighbors that are affected by this. I think that the Council has all the information that they need to decide - with the offer that the NSP, I see no reason that this whole thing can be settled. Mayor Powell: Will there be any cost to the City if a light should be put up and then removed? Nr. Wallace: No. Mayor Powell: What are we paying for a light of that type and what will the cost be to the City? Mr. Graham: It costs $3.75 per month for -e 175 watt mercury. Mr. Beardsley: There is no particular special situation that is so bad that it has to have a street light. There are others in the City of Stillwater. Councilman Wohlers: I make a motion with the understanding that if it is not agreeable with the neighbors that Mr. Kalinoff will have to put one on his own property. • • (September 16, 1969 - continued) 429 Mayor Powell: The NSP will erect the street light on a trial basis. I presurme that the Council will be the judge. The Council will take a look at it - if no: objection. we would inquire and it would stay up. Councilman Melstrom seconded the motion. Councilman Carlberg: Is this part of your motion if NSP takes the thing out teat the City is requiring Mr. Ralinoff to put a lamp in his yard? Councilman Wohlers: Not necessarily. Just so the other gentlemen will undersetand what can be done. (Councilman Lammers was opposed to the motion). Mr. Graham: I would request that a letter be written requesting the light. Mayor Powell: The decision will be with the Council if the light does in facet en£ringe on someone's privacy and they ask us to come up and look at it and itt is a reasonable request. The only way we will know is when the light is up. The light will be constructed as shown on the illustration. UNFINISHED BUSINESS lout of order) This was the day and time set for a hearing on a proposed variance, Case No. 559 - Robert V. Anderson (Keystone Apartments), 207 West Myrtle Street. The Clerk read the notice for hearing aloud; the Mayor inquired if the notices for hearing was published and mailed to the property owners, and the Clerk informed the Council that the notice for hearing was published on September 12!, 1969, in the Stillwater Evening Gazette, the official newspaper of the City, tad mailed to the property owners on September 11, 1969. The Mayor then opened the hearing. No one appeared for or against this variance. The Mayor then closed the hearing. On motion of Councilman Melstrom, seconded by Councilman Wohlers the Council followed the recommendation of the Planning and Zoning Commission to grant this/ variance to Robert V. Anderson ( Keystone-Apattments), 207 West Myrtle Street tte build a Four Car Garage on the East Side of his apartment building. This was the day and time set for a hearing on the proposed variance Case No. 060- Harold Hohlt, Corner of West Linden and North Center Street. The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and mailed to the property owners, and the Clerk informeod the Council that the notice for hearing was published on September 12, 1969, its the Stillwater Evening Gazette. the official newspaper of the City, and mailed to tthe property owners on September 10, 1969. The Mayor then opened the hearing. Mrs. Margaret Haak 304 North Sherburne I received notice of this hearing and I have no objection to Mr. Hohit's request. Years ago we owned the tared lots on Linden Street and !Welter bought these lotto and built two houses. Our neighbor now wants to sell the back of his yard. This will be a house facing Linden where our three lots face Sherburne. If he sells his back yard, this is going to cut off the other back yards. i am concerned :what will happen in such cases. Mayor Powell: It is improper in our ordinance to divide a lot to allow a buildiing on it unless it is under the recommended square feet. His lot is 165 feet deep: and 100 feet wide. The back half would face Linden Street. • 430 (September 16, 1969 - continued) e • Mr. Hohlt. The requirement in this area is 7,500 square feet - this is the dividing line. Mr. Haak: These are little things that we should be alerted to in our area. in the hollow there is a playground for the children. There is one hazard there - cement clocks with green things hanging from them. It is West of the proposed Center Street. There are a lot of children in the neighborhood and who is going to take care of this land that is acquired for a playground. If is Center goes through the children won't be able to slide there. Ith on hill". going to be a great expense to put this street in with a "billy goat I am wondering if it would be possible to buy a little more land to have winter sports for the children. Mayor Powell: Your comments are good. When Painaeadows No. 3, that we discussed earlier this evening, when that was vacated there is a park area - that is to be given to the City. The difference between that area and the area given by Mr. nails is that was land which was a swamp. People just don't like to pay taxes. In order to see that this did not happen again. the City provided that a park be developed in the area (Pairmeadows No. 3). Previous to that nothing was done. Because it is designated as a park doen't mean that it will be a Park. The City can't really afford to maintain all these little nd make parks of them. When they are given to the City now they are a park. In the future we plan to have this type of parks or recreation areas. Mrs. Naak: I am asking that some of those big blocks be coveted. If the City could buy some of that land it be used for the children. Mayor Powell: The first problem that I see if the City did buy that and put a slide there, we could be sued. The City was sued last year by an accident out at Lily Lake for over thirty thousand dollars. If there are slabs and they need to be covered they should be covered and we will take care of that. It is a legitimate request. We have very many reque*ts each winter and we can't even do that or we can't plow the little ponds that are in these packs. We don't have that kind of money. Mr. Maak: Is there a limit of the number of garbage cans that we can have? Some people think you can have only one and my neighbors are burning and polluting the air. Maybe there could be something in the paper on this. There is no place within the City that we can take things now. (Nrs. Mask also complained about the cans on the streets and wondered what could be done about it and the Police Chief informed her that if something was done that possibly the situation would get worse rather than better.) The Mayor then closed the hearing. On motion of Councilman Wohlers, seconded by Councilman Lammers the Council followed the recommendation of the Planning and Boning Commission to grant this variance to Harold Nohlt at the cornet of West Linden and North Center Street for lot size ano backyard setback. (The Mayor declared a recess from 8:45 to 8:55 P. M.) This was the day and time set for a hearing on a proposed variance. Case No. 61 - Lawrence Hauge, 408 North Third Street. The Clerk read the notice for hearing aloud: the Mayor inquired if the notice for hearing was published and mailed to the property owners, and the Clerk informed the Council that the notice for hearing was published on September 12, 1969, in the Stillwater Evening Gazette, the official newspaper of the City. and mailed to the property owners on September 10, 1969. The Mayor then opened the hearing. • • (September 16, 1969 - continued) 431 Ar�1 n e The following letter was read which was received from Mrs. Graham Gower opposi:.ag this proposed buildings "This is in regard to the proposed building of a 24-unit apartment house by Mr. Lawrence Hauge, of this City, on the sites of the former Jones Funeral Home, 408 North Third Street, and the Norgren property at 414 North Third Street, Stillwater. On September 9, 1969, Mr. Hauge called at my home with reference to the proposed building of such an apartment. unfortunately, my husband who would understand these matters is no longer living, and after some discussion with Mr. Hauge, I signed a paper which he offered me - statingg I had no objection to hie erecting such a facility, on the above mentioned sites. Since signing this paper I have reconsidered the matter, and I now wish to go on record as objecting to the erection of such an apartment as Mr. Hauge proposes, unless he stays within all the provisions of the building and zoning codes of the City of Stillwater. I feel that you, and your honorable Council, will ses that no exceptions are made in his case and that he abide by the codes in every respect. Thank you. (Mrs. Graham (Rose) Gower) No one appeared in reference to this variance. The Mayor then closed the hearing. On motion of Councilman Melstrom, seconded by Councilman Wohlers the Council followed the recommendation of the Planning and Zoning Conmissionl and granted the variances to Lawrence Hauge, 408 North Third Street for the proposed 24 unit apartment building. (Councilman Lammers was opposedB). UNFINISHED BUSINESS (out of order) This was the day and time set to open bids for the furnishing of Rock Salt foe the year 1969-70. The Clerk read the advertisement for bids aloud; Mayor Powell inquired if thee 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 August 28, 1969. The following bids were then opened and read aloud: Bid No. 1 International Salt Company Chicago, Illinois Certified Check Per Ton Bid No. 2 Diamond Crystal Salt Company St. Clair, Michigan Certified Check $11.69 Per Ton $11.37 On motion of Councilman Carlberg, seconded by Councilman Melstrom the bids were turned over to the Superintendent of Public Works and the City Attorney for a recommendation later in the meeting. UNFINISHED BUSINESS (out of order) At the meeting of the Council held on September 9, 1969 the matter of construaeting a warming house in connection with the Staples Field Skating Rink was discuss:ed. 432 (September 16, 1969 - continued) It was decided that Mr. Blekum should request quotations . from the lumber dealers in the City of Stillwater for the necessary materials and present same at this meeting. The following recommendation was received from Mr. Blekum: Attached is a copy of estimate for warming house for Staples Field, materials only. At the last Council meeting they requested another estimate in addition to the one from Bluff City. Both estimates are on the same building. Even with the ten percent discount the Arrow estimate is higher than that from Bluff City. My recommendation is to deal with Bluff City and omit the skids; thereby saving $96.00; and set the building on blocks and call for volunteers to assemble it when we are ready. On motion of Councilman Wohlers, seconded by Councilman Lancers Mr. Blekum was directed to purchase these materials from the Bluff City Lumber Company at a figure of $997.46 less the price of the skids and call for volunteers to assemble it. Bids for the Sale of the City Owned Property known as the Ritzer Property which were opened on September 9, 1969 were referred to the City Administrator and the City Attorney for report and recommendation. The City Administrator reports as follows: "After checking the appraisals on this property submitted by Edward Davidson and Dick Olson, I would recommend to the Council that the bid be accepted and that the Mayor and Clerk -Administrator be authorized to execute the necessary papers to complete the sale of this property to Mr. Jack Junker at a bid price of $5,550.00." Mr. Kimmel: The conveyance of less than five acres might require the filing of a plat, unless the Township would grant a variance before we could convey the land. The Council should be aware of this before they go ahead with it. If we assume the responsibility or if Mr. Junker will do this. Councilman Lammers: I did discuss it with the Town Board. They questioned what that was all about and they don't anticipate any problem with what we are doing. I am sure they will grant us any variance. We should contact them. Mayor Powell: Perhaps in the direction to the Mayor and Administrator this cou::id be included in the motion that Stillwater Township be informed. Jack Junker: I also was at that meeting and I feel it should be included in them motion. Councilman Carlberg: I make a motion that we accept the bid of Stillwater Sanitation, Inc. and that the City Administrator be directed to write a letter to Stillwater Township requesting a variance and explaining the situation. Councilman Melstrom seconded the motion. (all in favor). Councilman Lammers: We will do all that they requested. That should be included in that motion. Mayor Powell: The Administrator is to ask what is required to do this. (The City Attorney posed the question as to whether or not this property is paid for and if not that the council should withhold action on the resolution until this matter is checked out). • (September 16, 1969 - continued) Bids on the demolition of the Minnesota Mercantile Building and the Stillwater Warehouse Building ubopened nttber 9, 9awere reportreferred Sand ecommendiation. Superintendent of Public worksand theCityAtorney for The Superintendent of Public Works reports es follows: **With an apparent difference of $16,400.00 in the bids, I recommend that the bid be awarded to Gibson Construction Company.' Mr. Dick Jeans, chairman of the downtown parking Committee, called the Administrator at M. this thew latenand comPletionddatetsulmtittednbys peeple are quite concerned aboutbusiness men would appreciate an co ace bidders. also stated that the b mP action by the Council rejecting the two bide that were submitted for the demolitionble on of the abuildingsP. M. The ad ertisement for bids bids shold stateretnou October 7, 1969 at 7:30 that the starting date for demolition he set or November 1st and he completion date be set for November 30th and that several companiesreceived e ngaged in the wrecking business be advised that bids are being on the demolition of the two buildings. The Administrator discussed this mattes with the Superintendent busit of ness-. .. Works at 2:30 p. M. and informed him Of the esrequestsuperintendentmade by thb of ess-. c men through their representative, Dick Works informed the eaAdministrator that he does not object to the request a:.s outlined by M. Mayor Powell: If you push a completion date of November 30th you are going t::o get higher bids. would you agree on that? Mr. Shelton: The weather would determine this and maybe days that they can't; work at all. Mayor Powell: I think if he were told that salvage work would have to be doare somewhere else this would do it. City Administrator: I think the Council ought to take the time that is requitlsed to meet with Mr. Gibson and set some ground rules. Councilman l,am::ers: Is there a problem of a beginning date? Mr. Jeans: November first is the maximum date. if we allow Mr. Gibson ninesty days to remove the building they will take 90 days to remove the building. Ion the interest of getting parking revenue money, we want to get it down before ninety days. If we grant them the ninety days, it would be the end of January. I *think Crane or Bohlandet could have bid on this and got it down. We got an estima':te of $15,000 from Moelter and I don't understand his bid. Mayor Powell: He came up and talked to ae and the reason that he is intereseted in speaking tome for some police protection so that the amount sasalvage vageagjeuld actually be and the amount of his bid was determined by -.. Mr. Jeans: This is probably why he had ninety days in the bid. Some consibder- ation should be given for lwore bids. d ike tote what tasking hey efor the would be impossible: en asking for days. Ya• of working days. We are interested in getting the surface in and in use in December and January. Mayor Powell: Where did we advertise this? City Administrator: Just in the Gazette, The Construction Bulletin picks -mp the advertisements in most cases. Mr. Jeans: We received no bids from the win Cities. e 424 (September 16, 1969 - continued) • e Councilman Carlberg: It is kind of taking a chance of going with local contractors with this work. We would like to at least to get Bohlander and Truck Lane to bid on it. Of course, bonds are posted. We should look at a professional demoliton company. It is a four story building and a lot of traffic. This was their concern because of the wide spread in bids and the completion date. We would like to have the building removed by the first of December. I am afraid we are going to get it in less than ninety days. Councilman Lammers: Should it be necessary we could meet with Mr. Gibson and tie him down on the time situation. Can we take into recognition this is not his main business and it is an oversight on our part in taking this into consideat- ation. Mr. Kimmel: If you feel under the conditions that you haven't received the lowest responsible bid and this bid is not satisfactory to you because of the completion date, you can reject it. Councilman Melstrom: I think regardless of the fact that we recognize that he is in the wrecking business, Moelters have done this in the past and we definitely don't have to go out and pick out one that is in the business. We have had good experience with them in the past. Councilman Carlberg: We are in full agreement on this but we should give the others a chance. I didn't want the people to get the idea that we are over- looking our local people. Nr. Jeans: There is a great price variation. The $27,000 is not a just sum. We feel these are too high. Mayor Powell: You would have no objection if the bids were kept intact with a provision that the completion date be set for November 30 or December 5th or whatever the case might be. Nr. Jeans: No, this is our big concern. Mayor Powell: The thing I don't like to do is create a bad feeling among bidders to reject the bids when you have to change them to reject them. We didn't put in a set completion date. We just asked them to state what completion that they can comply with. If he is able to do the work he should let us know how he intends to do it. He doesn't have a crane that high but he can get one. Councilman Carlberg: Would he be able to get into the Stillwater Hardware building earlier? Nr. Jeans: Yes, I believe October 15th. Mr. Kimmel: Stillwater Hardware would be available before that time and the Mercantile would be available before November let. Mr. Jeans: We would have no objection to that. The bid is well in or below the pr?ce but it is the completion date. We would like to get the lot filled and in service before December loth. Mr. Shelton: I talked to Mr. Gibson. He says he has a crane and that he can put a boom on it. If we get into December there is no way that we can do anything in that partking lot in December. we will have a free parking lot until spring. Mayor Powell: The parking space is the prime thing. Mr. Shelton: It will not be smooth. Councilman Carlberg: The removal of the building is the removal of foundation and the fill - is that all? Mr. Shelton: Removal eighteen inches below the sidewalk line and fill in with a suitable fill and cutoff the sewer and water outlets. • • • (September 16, 1969 - continued) 435 • .� Mr. Kimmel: I did talk to Mr. Bancroft, Senior, today and he told me that hee signed a deed but he understofrom his son that the building would be availheble earlier than October 15th. Mr. Schaffer did indicate they were progressing wvLth the sale of their merchandise. We have to get permission to block the highwaay. Mayor Powell: My recommendation would be that this be discussed by the Administrator and the Street Superintendent so that these thoughts can be conveyed to him. Councilman Lammers: We continue to have a time problem. Might it not be better for the Council to meet with him and if he cannot comply, we can call a meetiimg. Councilman Lammers: I would move that the Administrator be directed to set usp a meeting with Mr. Gibson and the City Attorney and Pr. Shelton for the purpose of discussing a completion date on or before November 30th. Councilman Carlberg seconded the motion. (all in favor). APPLICATIONS None COMMUNICATIONS None DELEGATIONS OR INDIVIDUALS Bob Thompson: I do have a problem - that is the publicity for the City of Stillwater which Sr. Jeans and myself have taken on and have paid for ourselvrem for the publicity of Stillwater and that is the float which will represent the City beyond the Jaycees Float. This is comprised of the trailer that was orig:imally purchased for the Jaycees and rebuilt. The prime objection is that Miss Stil=(water cannot be representing the City per se. The German Band can ride on this rinse. We built this float and represented the City at Osceola. Our big problem is ttbe storage of the thing. If you have a space that would take a 7 x 14 foot trailer in a quonset building at the old dump grounds or somewhere up in the City Garage we will tow it out without cost to the City. Mayor Powell: Mr. Shelton how is the quonset hut? Mr. Shelton: I believe there would be ample room. There is salt stored out there and this would create havoc with it. We could investigate the quonset. Mayor Powell: Would you check into that or have the proper person check and ttBeen contact Mr. Thompson. Mr. Thompson: Is there somewhere a small advertising budget of some sort ava=llable? Mayor Powell: No. The only thing that is available is the Mayor's contingercr fund and that is kept for a party for Christmas and at today's prices we don't have. as good a Christmas party as we did years ago. City Administrator: About seven or eight years ago the Charter Commission promesed that some be done and put it to a vote but it was defeated 4 to 1. The City col Stillwater cannot legally spend a dime for advertising. It has to be approveod by the voters. City Administrator: I would guess that we could remind the Charter Commissions again and that this be brought up to advertise the City. Mr. Thompson: This is not held for the German Band. If the City wishes to use it and wants to borrow it or use it for a certain celebration elsewhere it is firme, (Mrs. Thompson explained that the time of the Lumberjack Parade they had asked certain communities to be represented in our parade and they refused since Stillwater was not being represented in their particular parade andd this advertising of the City is most important.) • • • • 436 (September 16, 1969 - continued) • • PETITIONS None CITY ADMINISTRATOR'S REPORT None UNFINISHED BUSINESS Bids for the furnishing of Plant Mix Bituminous which were opened on September 9, 1969 were referred to the Superintendent of Public Works, the Street Foreman and the City Attorney for report and recommendation. The Superintendent of Public Works reports as follows: "it is my recommendation that this bid be awarded to T. A. Schifsky and Sons for the sum of $4.85 per ton. If we use 700 tons and our trucks pick up five tons each trip we would make approximately 140 trips per season, with a monetary saving of $105.00. The round trip mileage to North St. Paul is approximately 16 miles whereas the round trip to Inver Grove is approximately 37 miles. The time saved by the City as well as gasoline and other truck expense warrant that this bid be awarded to the Schifsky firm." The Street Foreman reports as follows: "I recommend that the T. A. Schifsky & Sons, Inc. bid for $4.85 per ton be accepted - closer to haul." On motion of Councilman Carlberg, seconded by Councilman Melstrom the bid of T. A. Schifsky for Plant Mixed Bituminous at $4.85 per ton was accepted as per the recommendation of the Superintendent of Public Works and the Street Foreman. (see resolutions). Bids for the Sale of the Diving Board at the Legion Beach which were opened on September 9, 1969 were referred to the Director of Parks and Recreation and the City Attorney for report and recommendation. Mr. Blekum reports as follows: "Bid of Miller Marine for the old diving dock at Legion Beach seems O. B. to me. The Recreation Commission had hoped to realize $300.00 from the sale and the bid is in excess of this amount. Mr. Robert Belly had contacted me beforehand in behalf of Mt. Miller and asked if the successful bidder could leave the dock at the present site until high water in spring. I told him he could do so at his own risk." On motion of Councilman carlberg, seconded by Councilman Lammers the bid of Miller Marine for the purchase of the diving dock at the Legion Beach was accepted and that the dock be left there until spring at his own risk. (see resolutions). After consulting with Mr. Duane Elliott the City's Engineer, it is my recommendation that the Council consider rescinding the action taken ordering a feasibility report and setting a date for a hearing on the following projects: Local Improvement No. 81 - East St. Louis Street, Third Avenue South, and Hillcrest Drive Local Improvement No. 91 - Fairneadows Road from Laurie Lane to Hanson Place -Laurie Lane from Oak Ridge to Fairmeadows Road -Hanson Place from oak Ridge to Fairmeadows Road. Since these street improvements are on the 1970 program, we feel it is not necessary to receive the engineer's feasibility report and hold the hearing on the same evening. It will be much more orderly and give the Council an opportunity to study the feasibility report if the hearing is held subsequent to the receipt of the feasibility report. • (September 16, 1969 - continued) 437 1 a • _ It would be our recommendation that the Council pass a resolution "Ordering a Feasibility Report" and present same to the Council as soon as possible. Duane Elliott: I would have brought this to the attention of the Council had I realized what the motion was that evening. There should be some policy matters prior to the hearing. The matter of assessments for storm sewer is one. Things: like this are to be discussed and if changes are to be made it should be done prior to the hearing. Councilman Lammers: Are we talking about some delay here? Mr. Elliott: I can have the feasibility report on October 7th and then the hearing date can be set. Mayor Powell: Some discussion was held as to the possibility of 100% menthe .., on streets. If this is agreeable to the Council, perhaps we can rescind orderirmg a feasibility report for October 7th and a public hearing. If we continue with our 25% of each project being paid by the City and we continue with the 100% participation of the storm sewer out of the Permanent Improvement Fund it is goicng to be a staggering mill rate. This is one means of cutting down expanses. My only thought is that I know that if we ever started out with storm sewers not being because it was a relatively short period of time but I still say that it is necessary that if we have made a mistake. If another Council wishes to go another way. that is their perogative. Councilman Carlberg: I move to introduce a resolution that we rescind the action with regards to considering engineering projects and hearings on Local Improvement Nos. 81 and 91 and change that to feasibility report to be presented at the Cityy Council meeting on. October 7th. Councilman Lammers seconded the motion. (all in favor). Mayor Powell: Mr. Kimmel. if the hearing has been held in regard to a project not to 5% of the street prbject. then the Council is considering removirrrg this and 'ng 100% and also assessing for storm sewers because of the burden on the permanent Improvement Fund, if this is done, what effect would that have on the programs that are in progress at this time? Mr. Kimmel: Storm sewer assessments on the present project where we have had the hearings and ordered the improvements we are commited and we can't assess thtose. When you set upyour notice for hearing you include it in the notices of hearing. What we mean by appurtenances in our present notices I do not know -- this is arm engineering problem. Mr. Elliott: The Pine Tree Trail improvement, the school would be notified sines they are tributary to the problem - drainage has to be there. Mayor Powell: Is there any way to hold a hearing on this? Mr. Kimmel: We have ordered the improvement already. We can assess 100% on the ..treats. The percentage basis is an arbitrary thing. It is benefited to the full extent of the cost of the improvement. The time of the determination is et the assessment hearing. I don't recall that there hasn't been anything about 100% assessment. (Nr. George Kutz questioned the assessments for Fairmmadows No3 and the Mayor explained this matter to him in that we will be g them plus interest and other costs.) Councilman Leasers: We haven't had a public hearing on storm sewers. Mr. Kimmel: Not on Pine Tree Trail. We had a hearing on the streets. The not -ice didn't say anything about storm sewers because it has been the City's policy fort four or five years not to assess for storm sewers. I will look at Chapter 429 before I leave and check this out. If we do that for storm sewers, we should assess the district and assess a large district as opposed to the street that tlhe sewer runs down. • • 438 tbepceMuca AV. awv, wwmalmm.maws, Mayor Powell: My own feelings are that if the Council intends to do this, they should at least make that determination this evening, as far as the streets are concerned, so that it isn't done just before a hearing on another project. If we do it now. it will be brought up at future hearings. Councilman Carlberg: I would move that we change our City policy from this date forward to assess the installation of storm sewers and streets and 100% on storm sewers to the benefited property to the drainage area. Mr. Elliott: Some cities assess $200.00 per lot and assess the Commercial double the $200.00. Shoreview has $300.00 per lot, and spreads the balance on a general tax basis. This is the one that is used in the greater number of areas. Councilman Wohlers seconded the motion. Councilman Lammers: Duane. is it common to give any consideration to corner lots on a double assessment or main thoroughfares that should be given special con- sideration? Mr. Elliott: Councilman Lammers has a good point. In Rochester, I believe, they had a residential street ,sent on a fixed assessment adjusted on an annual basis. If you did live on a Municipal State Aid Street and the nt was equal to the residential and the balance out of the State Aid Streets. Mayor Powell: I thought of that, too, because we had been assessing on State Aid Streets at $7.00 per foot which at that time was the average type street. I think a policy should be established here that all County and State Aid Streets should be paid on the same basis. I think that if it takes some special resolu- tions for the City to say that'people are assessed for those streets, I think that we should have that done. Councilman Lammers: Was my question answered? Mr. Kimmel: I think a fair way on corner lots is to make one-third to the corner and the balance to the rest of the block. Mayor Powell: Give him "x" number of feet on one side and he full on the other side. Duane Elliott: This reduces the assessable footage. Mr. Shelton: We have done this on water and could do the same on street work. Mr. Kimmel: This has to be something that has to be determined when you have an assessment hearing. Every time you have an assessment hearing you set this up. (All mesbers of the Council voted in favor of this motion). On motion of Councilman Carlberg, seconded by Councilman Lammers that we accept the recommendation of the Superintendent of Public Works and the City Attorney that the contract for the Rock Salt for the year 1969-1970 be awarded to the Diamond Crystal Salt Co., St. Clair, Michigan at $11.37 per ton. (see resolutions). NEW BUSINESS The Superintendent of public Works and the Street Foreman have requested that the Council approve the purchase of the following equipment: 1. Two Sand Spreaders which will be attached to city trucks at an estimated cost of $1,986.00. 2. one Leaf Loader at an estimated cost of $3,600.00. 3. One New Snow Plow to be attached to a truck and under carriage and piston $1,165.00. • • • (September 16, 1969 - continued) 439 • • After checking the Street Department Budget, we find that there j0 sufficient money to make the requested purchases. Therefore, 2 dould recommend that the Council authorize the Clerk -Administrator tq pdvettiles for bids on the Leaf -Loader, bids returnable on October 14, 1949 at 7:30 P. M. Councilman Lammers: I would move that we call for bids on the Dia£ Loader pursuant to Mr. Kimmel's recommendation and we get quotariona for the other two items - the sand spreaders and the snow plow, The Leaf Loader bids are to be returnable on October 14th at 7:30 A ft. Councilman Melstrom seconded the motion. (All in favor). The Superintendent of Public Works reports that past experience shoyo that lthe City purchases about 160 - 150 pound cylinders of liquid chlorine at a prices of �.. $17.50 per cylinder. Be agrees with the City Administrator that it would be advisab10 to advertise for bids on Liquid Chlorine to be used at the Sewage eeatneint Plant and that by so doing the City would probably effect a savingIt this particular purchase. i would strongly recommend to the Chell tiat the City Administrator be directed to advertise for bids on Lipid Chle.orine. '- bids returnable on October 14, 1969 at 7,30 P. M. On motion of Councilman Carlberg, seconded by Councilman Lammeko the Clerk waeklirected to advertise for bids for Liquid Chlorine to Pe used i at the Sewage Treatment Plant with said bids to be returnable an October 14, 1960 at 7:30 P. M. Your Administrator is not aware of any discussion on a proposed agraopent heetwaen the City of Stillwater and Stillwater Township as indicated in a latCer groins the Clerk of Stillwater Township. I would suggest that before the Council makes a determination to re9arod to this matter, that the City Attorney and the Chief of Police ve oohOuulted. (Copies of letter mailed to the Council). Police Chief: I am not in favor of this. We are not insured. Councilman Carlberg: I would make a motion directing the City Administrator to write a letter in conjunction with the Chief Ci Police, and inform them that whatever information they had was misinformation and that we have not considered any such agreela t and explained the insurance factor. _. Councilman Lammers seconded the motion. (ail in favor). Your Administrator recommends that the letter from the Clerk of Stillwater Township relative to the contemplated street improvement along Pine Ire, Trail be referred to the City Attorney and the City's Engineer. (C0Qiae of this letter smiled to the Council members). On motion of Councilman Lammers, seconded by Councilman Carlberg this matter was referred to the City Attorney and City Engineer and that the City Engineer provide them with some type of rough drawing showing them what we plan to do. Mr. Springsted, the City's Bond Consultant, has made recommendatiogs in Conaaection with the $350,000.00 Improvement Bonds of 1969. (Copies of this recpmmattdaetion were given to the Council members). The City Clerk presented to the Council a proposed form of notice of sale of $350,000 Improvement Bonds of 1969, Series B to be isabod to finance local improvements. The form of notice was considered and approved by the Council, and the Clerk was directed to file a eppY of the notice in his office. • (September 16, 1969 - continued) • • Councilman Carlberg then introduced Resolution No. 4305, entitled "Resolution Authorizing the Issurance and Sale of $350,000 Improvement Bonds of 1969, Series B". Councilman Melstrom seconded the motion and upon vote being taken thereon the following Councilmen voted AYE: Carlberg, Lammers. Melstrom, Wohlers and President Powell and the following voted NO: None whereupon said resolution was declared duly passed and adopted and was signed by the Mayor, attested by the City Clerk, and directed to be published. (seas resolutions). Mr. Harold Foster, Superintendent of the Water Board, has inquired if the City would be willing to sell an air -compressor that was purchased by the City Councill on March 16, 1965 for the sum of $4,875.50. This compressor has a running total of approximately 158 engine hours. Your Administrator had discussed this matter with Mr. Jack Shelton, the superintendent of Public Works, and Mr. Howard Hagen, the Street Superintendent, and both agreed that this compressor is a piece of equipment that is not used on a regular basis as anticipated when purchased in 1965. They felt that they could see no Objectionasto the sale of this equipmeant to the Water Board if it was stipulated in the transaction that the City could use same when needed. Your Administrator suggests that the Council take addi- tional time before making a determination as to whether or not this piece of equipment should be sold. Your Administrator has talked to Mr. Kimmel as to whether or not it would be necessary to call for bids and he was of the opinion that the new law in regard to purchases also applies in the case of sales. If it is the Council's wish, I will be happy to contact the City's equipment suppliers and get an appraisal on the Air Compressor. On motion of Councilman Melstrom, seconded by Councilman Carlberg the City Administrator was directed to get an appraisal on the Air Compressor. The First National Bank of Minneapolis has purchased $2,000.00 of USA Treasury Bills with a maturity date of 10-31-69 at a yield of 6.60%. This is money in the City of Stillwater Escrow Account and to comply with the Statutes it is necessary that matters such as this be brought to the Council's attention for approval. On motion of Councilman Carlberg, seconded by Councilman Wohlers the purchase of $2,000.00 USA Treasury Bills with a maturity date of 10-31-69 at a yield of 6.60% was approved for the City's Escrow Account. Mr. Richard Hahn recently purchased a home at 1004 North Fifth Street and requests that his sewer rental charge be adjusted. This matter has been referred to the Water Department and the City's Bookkeeping Department with the following recommendation: That the sewer rental charge be fixed at $5.00 per quarter. A tenant who formerly lived in this house had a sewer rental charge of $15.80 per quarter and according to the Water Board the water billings for the Hahn family has been $5.00 per quarter. On motion of Councilman Lammers, seconded by Councilman Carlberg the sewer rental charge for the Richard Hahn family at 1004 North Fifth Street was set at $5.00 per quarter. • • (September 16, 1969 - continued) 441 On motion of Councilman Carlberg, seconded by Councilman Wohlers the Clerk - Treasurer's Report for eight months ending August 31, 1969 was approved and ordered filed. A request from Noble Schuneman, 520 West Pine Street requesting an adjustment in his sewer rental charge. An increase in water consumption during the last quarter of 1968 was brought to the attention of Mr. Schuneman by the man thaat read the meter. Upon investigation a leak in the hot water heating system was discovered. After the necessary repair was made consumption returned to a previous normal reading of approximately 52,000 gallons or $20.00 per quartsex. Based upon this information the Administrator recommends that the sewer servvice charge be adjusted to $20.00. (The adjustment would be from $29.00 to $20.000 per quarter). On motion of Councilman Hillstrom. seconded by Councilman Wohlers the adjustment to $20.00 per quarter for the sewer rental charge for Noble Schu:eman, 520 West Pine Street was approved. tr. Jack Shelton, superintendent of Public Works is of the opinion that the Council should adopt an ordinance that would prohibit the dumping of petrolsam products into the sanitary sewer. I discussed this with Mr. Kimmel and he stated that he agrees with Mt. Shelton that we should have an ordinance thatt would require a grease trap which would prevent petroleum products from going into the sanitary sewer system. On motion of Councilman Carlberg, seconded by Councilman Wohlers the City Attorney was directed to prepare an ordinance prohibiting the dumping of petroleum products into the sanitary sewers and have the first reading in October or sweeter. On motion of Councilman Carlberg, seconded by Councilman Wohlers a bond coveting the :Welter Construction Co., Inc, to make excavations in City streets was aspprowed and ordered filed. (The City Attorney has approved this bond and found it din order). APPROVAL OF MINUTES On motion of Councilman Carlberg, following meetings were approved: July 15, 1969 July 21, 1969 August 7, 1969 August 12, 1969 seconded by Councilmen Wohlers minutes of the Regular Meeting Special Meeting Special Meeting Regular Meeting 4:30 P. M. 4:00 P. M. 3:00 P. M. 7:30 P. M. UNFINISHED BUSINESS (out of order) The Clerk read the following opinion from the City Attorney in reference to a Change Order on Local Improvement No. 69: - Noelter Construction Co.: "With reference to the Council's inquiry as to the Change Orders for Swelter Construction Company on the Orleans Street project, it is my opinion that under the terns of the City's agreement with Melts Construction, the requested additions for this change order should be paid by the City. The extra items involved additional work and material above and beyond that contemplated in the original contract. They were authorized by the city'a project engineer and were necessary to successfully complete the project. Under these Circumstances, I recommend that the requested add-ons be paaid" Councilman Carlberg: Upon the recommendation of the City Attorney. I would move that we make payment of Change Order No. 2 on Local Improvement No. 69-1967.. 71, 72, 73 and 74-1968 for $8,795.90 as submitted by the ?Welter Construction '� Co., Inc., Stillwater. 442 (September 16, 1969 - continued) Councilman Wohlers seconded the motion. (Councilman Lammers opposed) DELEGATION OR INDIVIDUALS (out of order) Major Smith, Commander of the VFW, was to appear before the Council in regard! to acquisition of land from the City for the purpose of constructing a new building for the VFW Club. Mr. Smith informed the Administrator that the VFWL is interested in a parcel of land lying directly North of the Conoco Station on Main Street. This land is presently being used for a parking lot. The la:sad in question was appraised by William D. Klapp and I. A. Bergen at 56.00 per front foot on Main Street - the date of the appraisal was October 23, 1967. Major Smith did not appear but after some discussion the Council took the following actions On motion of Councilman Wohlers, seconded by Councilman Carlberg the City Administrator was directed to get an appraisal from the County Assessor's office on this property. 0RDZWd CFS None RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted:t 1. Directing the Payment of the Bills. 2. Change Date of November llth Council Meeting (Have one meeting on November 18th) 3. Vacation of Hanson Circle 4. Vacation of a portion of Fairmeadows Road. 5. Accepting the Bid and Awarding the Contract for the Furnishing of Rock Salt. (Diamond Salt Co.). 6. Accepting the Bid and Awarding the Contract for Plant Nixed Bituminous. 7. Accepting the Bid and Awarding the Contract for the Sale of the Diving, Board at the Legion Beach. 8. Resolution Amending Resolution 4287 regarding hearing date for Local Improvement No. 91. 9. Accepting the Petition and Ordering Feasibility Report for Local Improve- sent No. 81. 10. Authorizing the Issuance & Sale of $350,000 Improvement Bonds of 1969 Series B. UNFINISHED BUSINESS (out of order) Councilman Lammers brought up the matter of problems with new plats in the Cinty of Stillwater and especially the one out on South Greeley Street and the Nortti Center Street. The main problem being that we have no way of controlling these until the property is sold. He questions where there was some way we could demand some type of plat prior to the construction and prior to any sale. It wise brought out that the party on Greeley Street was re/uired to bring in a diagramed and the Planning Commission approved everything. Mr. Kimmel stated that as long as it is individual ownership there is no problem. If it is transferred without a plat it is a violation of the sub -division ordinance. The City attorney suggested that John Lawson ask Mr. Nolde that if they did not plan on this, that they should bring in a plat. The fact was brought out that there are three buildings in the back that do not front on a public street. ADD ALTERNATE BID FOR PINE TREE TRAIL -- Mr. Elliott: Straight down the hill is the cheapest way for the storm sewer. Mayor Powell: If they have to have money for an easement, they shouldn't be amid. Mr. Kimmel: The best you can do you can probably get that easement,the one going down to the Lake is the one you are going to have trouble with. I don't see gamy way that you can pressure the people. Mayor Powell: What is the normal cost for that easement? we paid $2,500 on Brick after it was installed. We are talking about a much Shorter easement. Nr. Kimmel: It looks longer on the map. Mr. Elliott: Let us say it is 150 feet. If there is any damage it is from the cosmetic damage along the beach. This is where the damage comes in. Mayor Powell: Who are the people involved? Mr. Kimmel: Gene Bealka, Ed Cain and Lyle Anderson. Mt. Elliott: I suggested to the Council in the event that we can't resolve the matter it is still possible that we can construct Lake Drive, Seeley, Brick as planned by burying a pipe down in this area. Mayor Powell: If we eliminated Pine Tree Trail from this program we can eliminate the storm sewer. We would build it as planned to serve Willard, Brick and Seeley rather than dig up Lake Drive and not put in a pipe under Lake Drive. Mt. Kimmel: You could eliminate the storm sewer. we could go back and do it later and hold the hearings. Nr. Elliott: The total cost is $25,300. Mayor Powell: We would add another $9,000.00 on to it. Mr. Elliott: Every little element is to be considered. If we hope to do any work in that area, it should be resolved soon. If there is a possibility of going down Willard maybe we should wait and resolve it. Councilman Cariberg: About the only thing is to talk to theme people and see if it is going to be less. Mayor Powell: No easements if we go down Willard. Mr. Elliott: No. Mayor Powell: If we did not go into Pine Tree Trail and didn't put in Pine Tree Trail area would that also include Lake Drive. Mr. Elliott: They would have drainage for their own water but not drainage in front of their homes. We are bringing streets in the area and we are precluding that as a route. Mayor Powell: If we don't add Pine Tree Trail, we are forcing them to let thee® go their way. City Administrator: I don't believe you should go ahead with the bond sale until you resolve this. Mayor Powell: I think if you (Mr. Elliott) and Mr. Kimmel could contact theses people and explain to them, unless we can get an easement there we won't do Pine Tree Trail, and we would be forced to go that way anyway. 444 • (September 16, 1969 - continued) • • Councilman Lammers: Is there any way that we can wipe out and start again? Mr. Kimmel: You could I suppose delete the storm sewer from the contract. Go back and hold a hearing on the storm sewer only. Councilman Carlberg: Let them know that they are holding up the street for the people up above. (This re fare to the parties on Lake Drive). Councilman Wohlers: I make a notion that the City Engineer and the City Attorney and Councilman Carlberg contact these people and see what we can do and explain to them what the size of the pipe will be like. Councilman Lacers seconded the motion. (all in favor). AWOUAMMEMT On motion of Councilman Carlberg, seconded by Councilman Melstrom the meeting adjourned at 11:45 P. M. Attest City Clerk • • 445 • CONFERENCE ROOM Stillwater, Minnesota SPECIAL MEETING The meeting was called to order by President Powell. present: councilmen Carlberg, Wohlers and President Pnw all Absent: councilmen Lammers and Melstrom September 22, 1969 3:15 P. M.. Also Present: City AdmiListrator, Brower: Assistant to the City Administrators. Loland; City Attorney, Kimmel. WASTE. WATER TREATMENT PLANT The City Administrator read the following letter from the Banister Engineering Company: "I tried to call you on the telephone this afternoon but learned that you woulad be gone until Monday morning. In the attachment in the letter to you from the Water Pollution Control Administration dated September 12, 1969, two separate resolutions are required to be passed by the City Council. I have discussed this on the telephone with representatives of the Water Polluttion Control Administration in Chicago and it appears that these are "form types oft( resolutions" of the "in favor of motherhood" type. Nevertheless they are requidred. I understand that there is a special meeting of the council on Monday at,:ernoorms September 22. I have prepared two separate resolutions which representatives cat the Federal Water Pollution Control Administration feel are adequate. Three maples of each of these are enclosed. I recommend that the City Council pass these as soon as possible. Following passage and affixing of the signatures of the mayor and you, I would like to have one copy of each returned. We will reproduce and forward a sufficient number ooi copies with the other information requested of you by the Federal Water Pollutiien Control Administration in their letter of September 12. BANISTER ENGINEERING COMPANY -A. W. Banister, IT. E.'. (See resolutions) City Administrator: At another meeting you requested a letter from the Sewer -Board that they will reimburse the City of Stillwater for the expense less depreciat::ion. I mentioned this to Mr. Banister and Mr. Banister agreed to this. Mayor Powell: I had hoped that he could do that and it would sound less like •ve are dragging our feet. City Administrator: Wouldn't this be a good letter to have in our file? With ;Your permission, I will contact Mr. Banister to go ahead with such a letter. »ONDING - $350,000 BOND ISSUE FOR STREET PROJECTS City Administrator: we are bonding for $350,000.00 based upon Pine Tree Trail: being included. We want to be sure that everyone understands this that this doves include Pine Tree Trail. In the event that it is not done we can invest the money and make some money. (The Council agreed with this and the Clerk was directed to continue with the necessary resolutions, etc. to complete this bond sale.) • (September 22. 1969 - continued() • DEMOLITION OF BUILDINGS FOR THE PROPOSED PARKING LOT City Administrator: The City Attorney, Jack Shelton, Mr. Gibson and the City Administrator had quite a lengthy meeting on this matter. It was agreed by all present that Mr. Gibson would get the contract so long as he can furnish the insurance and bonds necessary and after a lot of conversation he convinced the majority of the people at the meeting that he is a suitable person to do this work. Mr. Kimmel is drawing the agreement between the City of Stillwater and Mr. Gibson and that he is to complete the job no later than the first week in December and Mr. Kimmel stated it will be a tough agreement and he will have to comply with it. On motion of Councilman Wohlers, seconded by Councilman Carlberg that the bid of Gibson Construction Co. for the demolition of the Minnesota Mercantile Co. building and the Stillwater Hardware Ware house building be accepted and agreed to the stipulations set forth by the City Attorney. (See resolutions). SALE OF THE RITZER PROPERTY Mr. Loland: We haven't paid for the Ritzer property Contract for Deed. The final payment will be made just as soon as Mr. Kimmel gets the Deed for it ane it will be squared away. We can't sell it to Jack because we don't have a deed for it. Mayor Powell: Get Harold working on it to put pressure on Ritzer to get the.:. Deed in our hands. City Administrator: There is some distressing news from the man who surveyed that property. The first bill was for $2,200.00 I sent this bill to Stillwater Township and I received bill from Stillwater Township that this wasn'ttheir bila. I contacted Mr. Hioum and he said we were asking the impossible and he had to establish section lines. Today I received the final bill and it is $2,990.00. In order to establish the survey they had to establish section lines. That bill is awfully high. (The resolution for the accepting the bid and awarding the contract for the sale of a portion of the Ritzer property will be on theagenda for October 7, 1969.) TAX LEVY FOR 1970 Mr. Loland: We didn't get together on some details to be worked out. If we should be able to work them out tomorrow morning, we would have them ready by that time. ,. City Administrator: We have to certify October let. Mayor Powell: What I would like to say would be to have the total mill levy as reasonably close to this year's as you can, but the General Fund I think should be kept the same as last year. Mr. Loland: You just took off $15,700.00 from the $26,000.00 to spend. Mayor Powell: What is going to happen if we keep it at 60 mills? What is going to happen to our Permanent Improvement Fund? City Administrator: This is the thing that Wayne and I talked about this morning:. I would like to talk to the Public Examiner's office and see if it is permissible: in their opinion to retire this whole amount over a period of five years. If we can do this, then I think we can keep our mill rate down at a pretty good rate. Mayor Powell: Can you borrow it out of the sewer revenue fund? City Administrator: You can but it is better if we don't do that. (September 22, 1969 - continued) 447 • Councilman Wohlers: What will happen to the money in the sewer revenue fund when the Metro Sewer Board takes over? city Administrator: That is a good question. This fund is for maintaining the interceptors and sewer lines. Mayor Powell: What we should do is ask the Attorney what will happen and also if there is anything we can do to just do away with the Sewer Revenue Fund. City Administrator: If we can find out through the City Attorney that we can use this money. Mayor Powell: Just dispose of the fund legitimately. City Administrator: If a contractor was hired to do this work for us, the men would be hired as needed by the Union. (This is for street work). Mr. Loland: I called the League and talked to the man who does contract work and it depends where you are. Mayor Powell: I think we should have a working foreman. If we agree to any salary scale that Local 49 will hold out, we are also agreeing to that with our Sewage Department. It is going to have a bearing on the Police and Fire Departments. Those men are needed. unless we gat Jack Shelton back to the sewer, department completely and keep Frank Quick in the office and bring Howard Hagen in closer. People who come back in come in at a higher wage. You havethe. sewer department - you need those for either snow plowing jobs and in the summery for cleaning the sewers. Then we could contract for more snow plowing work. City Administrator: I think the thing that we must remember is that we are having somebody that is wasting time continually. I think we are losing a lot of money in idle plows. Councilman Carlberg: We should have no overtime for plowing - they can work shifts. RBSOLUTIOMS The following resolutions were read and were on roll call unanimously adopted: 1. Waste Water Treatment Plant #1 (no title) 2. Waste Water Treatment Plant #2 (no title) 3. Accepting the Bid and Awarding the Contract for the Demolition of the.. Stillwater Hardware Warehouse and Minnesota Mercantile Buildings for the Proposed Parking Lot. (Gibson Construction Co.). The meeting adjourned at 4:10 P. M. Mayor Attest: 448 • COUNCIL CHAMBER Stillwater, Minnesota SPECIAL MEETING The meeting was called to order by President Powell. Present: Absent: Also Present: October 2, 1969 8:00 P. MA. Councilmen Carlberg, Melstrom, Wohlers and President Powell. Councilman Lammers City Administrator, Brower; Assistant to the City Administrator, Loland; City Attorney, Kimmel; Ron Langness, Springsted, Inc. (Ciity's Bonding Consultant). The Mayor announced that the meeting was open for the consideration of bids for the purchase of $350,000 Improvement Bonds of 1969, Series B of the City. The City Clerk presented affidavits of publication in the official newspaper and the Commercial West of a notice of sale of said bonds, which affidavits were examined, found satisfactory and ordered placed on file in the office of the Clerk. The City Clerk then reported that six sealed bids for the bonds had been received at his office prior to the time of this meeting pursuant to said notice of sale, which were thereupon opened and publicly read and considered, and the highest and best bid of each bidder was found to be as follows: Name of Bidder The First National Bank of Saint Paul Allison -Williams & Associates La Salle National Bank of Chicago American National Bank and Trust Company First National Bank of Minneapolis Juran & Moody Bid For Principal Interest Rates Net Average Rate $346,862 $347,060 $346,862 $346,862 $346,864 Total Interest Cost 5.60% 1971-75 5.75% 1976-78 5.80% 1979 - 6.00% 1980-82 5.75% 1971-76 5.80% 1977-78 5.90% 1979-82 5.50% 1971-73 5.75% 1974-76 5.80% 1977 5.90% 1978-79 6.00% 1980-82 5.90% 1971-73 6.00% 1974-80 6.10% 1981-82 5.75% 1971-72 6.00% 1973-79 6.10% 1980-81 6.20% 1982 $347,109 6.00% 1971-79 6.25% 1989-82 $120,960:50 5.93% $121,541.25 5.96%` $121,898.00 5.98% $125,585.50 6.16% $126,071.63 6.18% $126,828.50 6.22% Councilman Carlberg then introduced Resolution Nn. 4313, entitled "Resolution Awarding Sale of $350,000 Improvement Bonds of 1969, Series B". Councilman Wohlers seconded the motion and upon vote being taken thereon the following Councilmen voted AYE: Powell, Carlberg, Melstrom and Wohlers and the following voted NO: None; whereupon said resolution was declared duly passed and adopted and was signed by the Mayor, attested by the City Clerk,and directed to be publiished. (see resolutions). (October 2, 1969 - continued) 449 • SEWER HOOK UPS A discussion was held regarding sewer hook ups along Orleans Street and it was brought out that this would be pretty good relations between the two communitiees and it was felt that this was a good thing to do and there will probably be other requests in this area. The Mayor stated that if it is going to be a Metro sewer system it is not going to matter anyway. In the case of Kermit Sommers :there was a stipulation that in the event that the City of Stillwater did construct :a sewer line in this area that he would not be opposed to same and would pay hiss fair share. The Mayor felt that this stipulation should be included in all of! these hook ups with Oak Park Heights. On motion of Councilman Wohlers, seconded by Councilman Melstrom that the parties in this area be allowed to hook up to the Oak Park Heights sewer system with the stipulation that they not block any City of Stillwater project and be willing to pay their fair share, and the installation should meet our codes. The Mayor brought up the matter of a motion passed by a previous Council regard- ing sewer hook ups on West Pine Street from Pine Tree Trail to South West Stre4et and on South West Street from West Pine Street to the water storage tank. The City Attorney stated that he did not think that it would necessarily be improper that we do it. There are certain areas that haven't been d if they want to hook up they should pay some money for it. In a sense it is unfair since when they acquired the property they were informed that everything was paid and now find there is an additional hook up charge. The Mayor stated that it would seen that we would have to rebate those who had paid the full $400.00 and whatever is done it should be inconsistent. The school paid the whole thing and we are not out money if we pay these people back. The City Administrator stated that the minutes indicated the matter of paying tthe school was discussed and it was decided that we ought not to take any action tl.hat the City was willing to pay the school. The Mayor recommended that the Assistant to the City Administrator. Mr. Lolands work this out and get this information from the Building Inspector as to what might have to be paid back so that the Council can act on it one way or anotheiv. RESOLUTIONS The following resolution was read and on roll call unanimously adopted: 1. Resolution Awarding Sale of $350,000 Improvement Bonds of 1969, Series B.. On motion of Councilman Wohlers, seconded by Councilman Carlberg the meeting adjourned at 8:25 P. M. Mayor Attest: • 450 • • COUNCIL CHAMBER Stillwater, Minnesota REGULAR MEETING The meeting was called to order by President Powell. The opening prayer was given by the Assistant to the City Administrator, Mr. Loland. October 7. 1969 7:30 P. M. Present: Councilman Carlberg, Lammers, Melstrom, Wohiers and President Powell Absent: None Also Present: City Administrator, Brower; Assistant to the City Administrator, Loland; City Attorney. Kimmel; Chief of Police, Wallace Abrahamson; Fire Chief, Cormier; Superintendent of Public Works, Shelton; Director of Parks and Recreation, Blekum; Consulting Engineer, Duane Elliott. Press: Roger Gratiot, Stillwater Gazette; Jim Broads. St. Paul Dispatch Citizens: Mr.& Mrs. James Schmidt, Dr. Earl Curran, Mary Gleason, Mr. & Mrs.. Duane Seaquist, Vacil xalinoff. UNFINISHED BUSINESS (out of order) This was the day and time set for a hearing on Local Improvement No. 92 (Fourth Avenue South from Dubuque to Northerly Dead End.) The Clerk read the notice for hearing aloud; the Mayor inquired if the notice font hearing was published and mailed to the property owners. and the Clerk informed tithe Council that the notice for hearing was published on September 23 and September 30, 1969 in the Stillwater Evening Gazette, the official newspaper of the City, and mailed to the property owners on September 23, 1969. The Mayor then opened the hearing. (There seemed to be some question as to whether or not the City has a right-of-way to construct a street in the area proposed by the petition.) Duane Elliott: There are only four platted lots North of the intersection of Fo+.arth Avenue and Dubuque. There is a private easement for a roadway. Until the City ihas a dedicated street in that area, I feel that we should not make this improvement: in this area. The City of Stillwater would not have the right to construct on this easement. Terminating the construction at the northerly limit of the existing platted right-of-way would not solve the problem but would perhaps accentuate it: since the surfacing would end at the mid point of a rather steep grade. It is ma. recommendation to the Council that this project be dropped until such time that the matter of right-of-way can be claed and deeded to the City for the balancee of the roadway construction. Mayor Powell: The need is still there except that we cannot do it since the prcoperty is not owned by the City as a dedicated street. If the people who would like too have the street, in other words, would have to have that surveyed and dedicated.. Mr. Elliott: I am not sure how this property is described. • (October 7, 1969 - continued) 451 , • AMA Mr. Kimmel: It is one whole block which has not been conveyed by meets and bounds description, known as Quarry Lot. Mr. Elliott: I don't think that a field survey would be necessary but a matter- of property being described and conveyed to the City in order to continue the assessing of the right-of-way. Duane Seaquist 518 Dubuque Street We own the South Sixty-six feet of the proposed improvement and it so happens that when Fourth Avenue was paved some years ago, it was to u point of 66 feet North of Dubuque Street and as you come down the street today as far as conditiion is concerned it is equal to an improved street. We do not feel that we would bee a benefited property owner. There is a property owner to the North who sas no water service except summer service. This street would have to be dug to that property and about 250 feet would have to be dug up to about 75 to 100 feet Sousth of Dubuque Street. Also there is a matter of sewer along that street. That street would have to be dug up for sewer. At the present time at least two sepctic tanks have overflowed and have come down over our property. This should be primes consideration before the street is done. Mr. Elliott: The matter of septic tanks we were not aware of this until tonite. Mayor Powell: If we had another feasibility report or at least delay this unti.L this property is dedicated if this is to be taken care of by these people some of these things could be looked into also. Mr. Elliott: Yes. Mayor Powell: Actually a new feasibility report would have some bearing on the cost figures. Mr. Elliott: There are petitions in from people to the South of this - Third Avenue, East St. Louis and Hillcrest Drive and this is a local condition. Theree is a maintenance problem. This could be considered in the same package. At the present time borings are being taken and we can take a harder look at Fourth Avenue. Councilman Melstrom: I am wondering if we should accept the recommendation of our engineer until such a time as this matter is taken care of. I would like too make that a motion. Councilman Carlberg seconded the notion. Councilman Lammers: I gather Councilman Melstrom that we drop it until we get as new feasibility report and that this would include contacting the people to get the necessary right-of-way. Mr. Kimmel: This is a 20 foot private easement. (The vote on the motion indicated all were in favor) The Mayor then closed the hearing. APPLICATIONS On motion of Councilman Melstrom, seconded by Councilman Lammers a "Junk Dealer" license was granted to Laurence M. Eumpf, 2009 North Lake Street. (renewal) COMMUNICATIONS From Woodbury Jaycees in regard to a Seminar devoted to both the Metro forms of government and the education crisis developing in our Metro area. (Copies mailed to the Council with Agenda - no action). • • 4 52 (October 7, 1969 - continued) s } • From Mrs. Shirley Meister requesting an extenstonof time covering a permit to keep a mobile home on her father's property located on the Boom Road. A permit was granted to Mrs. Meister and said permit expired during the month of June this year. She states that she has been unable to find a place to locate the trailer and according to her letter the neighbors do not object to this trailer in this area. Councilman Lammers: I don't think we should allow it until next spring. I think we should give her notice that she has thirty days to move it out. I would move that the City Administrator be authorized to contact Mr. Meister and inform her that she has thirty days from the time of the receipt of the notice. Councilman Melstrom seconded the motion. (Councilman wohlers was opposed). DELEGATIONS OR INDIVIDUALS None at this point in the meeting. PETITIONS A petition signed by Laurence M. Rumpf requesting a watermain and bituminous mat, curb and gutter on one side of Lake Street. (This is an unusual request inasmuch as curb and gutter to be constructed on one side. There should be some clarification before this petition is accepted by the Council) Councilman Melstrom: I feel this should be referred to the proper departments and presented again. I think it has to be cleared through the Public Works Department. Mayor Powell: I feel a letter should be sent to him that he should contact the property owners and get 51% of the property owners to sign the petition and re -submit same for an improveistreet. A petition with 25 signatures of property owners located approximately 300 feet from the outer extremities of the Elm Nursing Home located at 322 North Third Street requesting a hearing under Ordinance No. 383 before a special permit is issued to use said land to provide facilities for living in of retarded adults. (This petition refers to Section 21, sub -Division 5 of Ordinance No. 383). Mr. Kimmel: I received a letter from the people who are now the owners of this property indicating that they had received some complaints and were up in the air and wondered what their status was. They would like to have my opinion as to what our status was. It is zoned as multiple dwelling and this would have to be a non- conforming use. It appears the proposed use might be a change Ln use, although in essence it is a nursing home. It is a different type of home. An application for a Special Use Permit would be in order. Because of the interest generated in the neighborhood, we should have a hearing. There is a great change from what the situation was. Councilman wohlers: If we have a hearing on this, I would like to have a qualified doctor and nurse's opinions on this. Mayor Powell: I think all the neighbors are entitled to a hearing about this. I think if we notify the property owners, Outreach. Inc. that we would like them to request a Special Use Permit so that this can be heard. Councilman Carlberg: I move that we have the City Attorney write Outreach. Inc. and explain the situation and have them apply for a Special Use Permit so that we can get the hearing date set. • • • (October 7, 1969 - continued) 453 • v Councilman Wohlers seconded the motion. (all in favor). r"N CITY ADMINISTRATOR'S REPORT 1. The City Administrator read the following letter from the United States Department of the Interior - re -Federal Sewage works Grant WPB-Minn.-584.: "This will acknowledge receipt of your consulting engineer's September 24, 1969 letter and accompanying materials covering application and plan and specification deficiencies. This information has been reviewed and found satisfactory. The project plans and specifications, including Addendum No. 1, for your sewage treatment works project have also been reviewed and approvedtbyat us subject to the provision that the treatment plant be equipped recommended least the minimum of laboratory control equipment and supplies by the State. This approval is contingent upon incorporation of the Federaal wage determination when it is available. We are returning one set of the approved plans and specifications, includirmg Addendum No. 1, under separate cover. This set should be readily available upon request. Your project is in conformity with Federal requirements at this time. The next step to assist us to determine continued project conformity is to submit before making any contract awards, the tabulation of all bids, a copy of the successful bid proposal, evidence of advertising, and revised line item technical, legal, administrative and contingency costs based on son the ubmittedwbid throughices. your Stateswateres of all pollutionlcontrollagency�ated should bee e let us In the meantime,questions, Regional Construction Grantssknow. (James O. Director) McDonald, 2. The City Administrator informed the Mayor and Council that Mr. Shelton hadl received the following quotation from the Minneapolis Equipment Company on: the Worthington 125" compressor which the water board is interested in purchasing: "At the time the Compressor was sold to the City of Stillwater the total was $3,200.00 and the list price now is $5,616.00. The green boOk now has a suggested list price for a used compressor of this type for a total of $3,100.00. Due to the rising prices of new Compressors, the way etthey are now, and the maximum discount allowed you when your purchased Compressor, also the low amount of hours this Compressor was used, we would put a value on it of $2,800.00." Mayor Powell directed the City Administrator to send a memo to the Water Board stating the appraised price and if they are interested that they submit a proposal for the next Council meeting. 3. The City Administrator informed the Mayor and Council that he had received minutes of the Recreation Commission of September 25, 1969 and would send copies of same to all members of the Council. 4. Copies of a letter from Joseph F. O'Brien. 320 North Second Street, a newspaper article and magazine reprinted had be^n mailed to the Mayor andl Council regarding consolidation of City Police ,apartment into the Sherif'E's organization. Washington County. 5. The City Administrator informed the Mayor and Council regarding insurance, coverage for Councilmen and City Employees which is not available as repoorted by Bob McGarry of the McGarry -Kearney Insurance Agency because there is nno record of liability due to legislative acts. This type of coverage is not: an insurable item. • (October 7, 1969 - continued) r-. • • 6. The City Administrator advised the Mayor and Council that he had avail- able the Ordinance, Resolution and minutes pertaining to the sewer connection charges which involved Local Improvement No. 49. Mayor Powell: Mr. Kimmel and I discussed this at some length the other day and I think if an attorney wishes to come before the Council, I think before he does this he should confer with our attorney for the simple reason that we qo on the advice of our attorney and almost 100% of the time we accept his suggestions. Therefore, it would save us the time. Mr. Kalinoff should discuss it with our attorney and if he wishes to take any recourse after that he may do so. Harold Pauley: I have some property up there. Should I wait until I see how this comes out? Mayor Powell: You were one of the property owners who said that we can't build on that property and it has no value. Therefore, at that time we wound up back to the school and we said the people don't want the sewer running through there and then the school went ahead and had it done and paid for it. Mr. Pauley: I don't front on that street. Mayor Powell: Mr. Kalinoff wants to check the legality of the additional charge and our attorney has indicated to me in the discussions that we have had that this is legal. Therefore, when I made the statement that Mr. Kalinoff should discuss this with Mr. Kimmel and if he feels that he has an injustice then he can take it to court. That is where it stands now in order to save the Council's time. 7. The City Administrator informed the Mayor and Council that Wednesday, October 8th, 1969 at 2:00 P. M. was the deadline for submitting a formal quotation on the Aerial Ladder Fire Truck that was displayed to the Council sometime ago. Chief Cormier: They have not given us a starting bid price. Now they have put it out for bids. Councilman Carlberg: They must have other people who are interested. Councilman Lammers: What was the price that we spoke about? Chief Cormier: $15,000.00 plus $7,000.00 to complete the equipment. Councilman Lammers: Do you have any recommendation for a reasonable bid? Chief Cormier: I made phone calls but I couldn't find anyone who could give me any information to bid it. I would be unsatisfied to the City if we bid $15,000.00 for it and we would be the purchasing bidder. I tried to get a firm answer from one of the people that are connected with this and he said $15,000.00 should be the starting bid. Mayor Powell: When did we get the letter? City Administrator: September 25, 1969 is the date of the letter. Councilman Lammers: The highest bidder will get it. Chief Cormier: Yes, they reserve the right to accept or reject. Mayor Powell: I think that we have to take an extra close look at our budget. I think we are doing something improper as far as allocation of certain monies. We might need that money for something else much worse. Councilman Lammers: It is a need that a City has. This seems like a good deal. Mayor Powell: If we put a bid of $15,000.00 down, you probably won't get it. • • (October 7, 1969 - continued) 455 • • Councilman Lammers: I would like to see ourselves clear to submit a bid. Councilman Wohlers: It didn't do all the jobs satisfactorily as far as heighths were concerned. Chief Cormier: That is very true. Councilman Wohlers: The ladder truck we have now which is a little out- dated, would they do the job as good as the truck we are bidding on? Mayor Powell: If we bid this, can you operate it without additional manpower? Chief Cormier: We will operate with the manpower we have if we are succe:ea- ful but may I make one suggestion that we are buying a piece of equipment that the cab and chassis are sufficient, we are buying the same type of ladders that we have now, but they are a little bit younger. Are we goino.g to put in a bid or should we try to defer this to buy a serviceable piece of equipment for 25 or 30 years. Mayor Powell: How many years are we talking about? Will we have to replace the ladders? Chief Cormier: In ten years the price would be $60,000.00 to $70,000.00. You can buy a cab and chassis for ten to thirteen thousand. In my opinion the Council in some way should consider over a long range program of capittaL outlay a number of years. Plan on ordering a piece of equipment serviceaffile to the City for twenty to thirty years. Mayor Powell: The piece we are talking about is about one-third of the cost of the new one. Chief Cormier: No, about one-half. $45,000.00 to $55,000.00 for the new equipment. Councilman Wohlers: I think we shauld drop this piece of equipment. Councilman Lammers: Can you take care of the hospital and schools with thhis7 Chief Cormier: The East wing of the Junior High School, the Masonic Tempne and the Elks Club we cannot reach. We can take care of the hospital. Councilman Carlberg: For taking people out, this would be important. Councilman Wohlers: I would suggest that we drop this piece of equipment we looked at and have the chief write the people and thank them for showing tithe equipment. I can't see buying the equipment if it will not do the job. Mayor Powell: The chair will entertain a motion. Councilman Melstrom: I move that we submit a bid of $15,000.00 to the St. Paul Fire Department for the piece of equipment. Councilman Carlberg seconded the motion. (The vote on the motion indicated 2 in favor and 3 opposed - motion did not carry). Chief Cormier: May I request permission to draw specifications for a 100 foot Aerial Platform and have them for the Council meeting on November 18tah? Mayor Powell: It will be a proposal and we will give it consideration. Councilman Melstrom: I think we are all concerned about the necessity of this piece of equipment - the thing is to get one that is adequate. (The Mayor declared a recess from 8:28 to 8:35 P. M.) 8. A memo from Mr. Blekum, supervisor of Parks and Recreation regarding the employment of Mr. George Schwandt on a full time basis. During the six month period May 1st to October 31st he would be the caretaker for Lowell and Pioneer Parks. This portion of his salary is already accounted for eaech • 456 (October 7, 1969 - continued) • year and is paid from the Park Fund, with one-half being charged against the earnings of the Lowell Park Trust Fund. The other six months of his salary would be paid out of the Recreation Fund and is accounted for in the budget submitted for 1970. During a portion of this period he would serve as caretaker of one of the warming houses, which money would have to be allotted anyway. The remainder of this six month period he would assist Mr. Blekum in flooding and caring for skating rinks and in all the projects which can only be undertaken during the off season, so actually the additional portion of his salary over and above what would normally be allotted for services he, or someone else would be performing amounts to four months $1,800.00. This has all been figured into the 1970 budget, and is one of the recommended uses for some of the funds we have formerly been spending at the Legion Beach operation. He recommended that this matter be settled so that Mr. Schwandt would be put on a full time basis as of November 1, 1969 so there would be no time lost after he finishes his present part-time assignment as Park Caretaker on October 31. This means that two months of his wages would have to come out of this year's recreation budget. I am holding funds aside for this purpose. (This will be taken care of at the October 14, 1969 Council meeting). 9. The City Administrator distributed to the Mayor and Council a memorandum from Police Chief Abrahamson "Arguments Against Unification" of the City Police Department with the Sheriff's Department. (no action). DELEGATIONS OR INDIVIDUALS (out of order) Mr. Vacil Kaliniff and the City's Attorney Mr. Kimmel had a discussion regarding the sews: connection charges for the property out on West Pine Street and West Street w:.:_h installation was paid by the School District under Local Improvement No. 49. Mr. Kimmel stated that the City Attorney at that time felt that a resolu— tion would take care of establishing these charges rather than amending the original ordinance. Mr. Kimmel feels that what we have done is legal. Mr. Kalinoff requested copies of the ordinance, resolution and minutes regarding this area. Major Smith, VFW Post: We would like to re -submit the bid for theproperty on North Main Street for a building 45 x 90 feet. This will give the City a place to have large gatherings. This will be a building large enough for meetings with kitchen facilities. When we submitted our original bid there was a misunderstand— ing on the exact property that we wanted. I would like to ask if it is feasible to re -submit our bid on this property. Councilman Wohlers: If that property is open for sale, we would have to have notification in the paper for public bids. City Administrator: This has been your policy. Mr. Kimmel: Under the present State law and the price we would have to go to public bids. Mayor Powell: Have you been contacted by NSP Company recently? Major Smith: No. Mayor Powell: They have an appraisal on their building and he told me this building has a new roof and they are interested in disposing of it. Perhaps the building is similar in size to what you are going to build. Major Smith: It is real nice. Mayor Powell: They are willing to negotiate a figure considerably less than the appraisal. It might pay you to talk to Mr. Bergstrom. • • • (October 7, 1969 - continued) 457 • • Major Smith: I will do that. I think it would defeat the purpose of the end result. We want a building with our own parking lot. We would have to dismantl..e the building completely. Mayor Powell: i believe that if Stillwater releases their hold on that propert::r they will sell it at the appraisal price from the County Assessor. A building :t can see but no parking lot. Major Smith: This would be using the City's parking lot. We don't open until 4:00 P. M. Most of our members prefer to stay downtown. If we can get some- thing that is handy and we can add something to the City of Stillwater and get rtp the type of building we are talking about. We are up to $125,000.00 on the building. If I could bring this up before the body at the next meeting. In th.:e meantime I will talk to the Northern States Power Company. UNFINISHED BUSINESS Change Order No. 1 - Remove and reconstruct a portion of wall beyond that specified for reconstruction because of the unsound condition of this section for the lump sum of $1,700.00. (Dan Lyons property located at 114 East Linden Street). Councilman Lammers: What is our situation with Dan Lyons? Mr. Kimmel: He would go half but he would suggest assessing it. You are talking about $3,750.00. To spread it shorter than ten years it would be a pretty big lump. He indicated that he would be able to pay part of the total bill and assess the rest of it. I could set up an agreement and perhaps by next week we would have more information. Mayor Powell: Why don't you keep in touch with him and report back to us. On motion of Councilman Lammers, seconded by Councilman Carlberg Change Order No. 1 for the Krueger Construction Company in the amount of $1,700.000 to remove and reconstruct a portion of wall beyond that specified for re- construction because of the unsound condition of this section was approved. Report on Local Improvement No. 78 - Pine Tree Trail. Mt. Kimmel: Duane and I talked to the people along the Lake if we could get certain condtions such as removing any build up and they understood and I talked to Mr. Swanson of Hill -Swanson Associates. Under certain conditions he would be willing to donate the road easements and the street easements which involved a certain amount of fill. I think we are making some progress. These people do want Bose compensation down on the Lake. Whether we should go back and arrive at a figure of compensation or whether• the Council isn't willing to pay compensation. We are talking about the pipe down into the Lake. Councilman Wohlers: What kind of compensation are they talking about? Mayor Powell: If any were to be paid, the Council shouldn't set a limit. This shouldn't be made public. If the Attorney were aware of what the limit or what the Ccuncil will go, he could go back to these people. Mr. Kimmel: No, you are not paying a compensation or yes, you will pay a compensation. Mayor Powell: We are willing to go a small amount to get it done. Mr. Kimmel: On the West those lots haven't been sold. They are anxious to get this storm sewer there. This is a real problem lot. It is something that we will have some problems with but we will probably be able to work it out. Councilman Wohlers: What was the difference going the other way with the sewer? Mr. Elliott: Something around $10,000.00. • • (October 7, 1969 - continued) a • Councilman Wohlers: I can't see the City paying a premium. _ Councilman Lammers: We would be willing to pay something and let Duane and Harold do something about it. Mr. Kimmel: They suggested getting an appraisal. It is an unusual situation. I would like to discuss it with them without an appraisal. Mayor Powell: Mr. Elliott knows what I feel is fair and you might see what they will accept. If they will say they will accept "x" number of dollars, you can come back and we can make a decision. Councilman Lammers: What about the land acquisition? Nr. Kimmel: I have one price in Stillwater Township - a price of $4,000.00 which I think is out of the question - it is excessive. I haven't gone back to talk to him. Councilman Lammers: I think Stillwater Township is meeting Thursday night and they have all the information they requested. Mr. Elliott: I have transmitted to them the information they requested. Mayor Powell: What is the distance in Stillwater Township? Mr. Elliott: 20 to 25 feet by 100 feet. Councilman Lammers: We can condemn it but not assess it. Mt. Kimmel: Yes. Councilman Lammers: What about annexing it? Nr. Kimmel: Eight percent of it is surrounded by the City of Stillwater. We certainly could but would probably get into the usual hassel over it. Mr. Elliott: I had some calls on the gas service out there. I was not aware that the gas service was not out there. The gas main side of the street and they are going to put in the rest of the gas line in the other side of the street where we have the right-of-way. Mayor Powell: If we can't get the storm sewer and get the property on Pine Tree Trail and no storm sewers, I think it is about tine the Council notify the people on Pine Tree Trail of the cost of the land that we are interestedin acquiring so that they know what the situation is. I think our legaldepartment should step in and inform the other Nr. Benson (Gilbert) that his sub -division as entirely illegal and he can be in violation of a law. It is time that we quit fooling around. I would instruct the attorney to review the case of the Benson annexation and his sub -division. The fact that he sold lots and laid out lots without the necessary improvements. He should be informed that he is in violation of our Sub -Division Ordinance. He should come in and give us sone idea when he intends to do this. NEW BUSINESS On motion of Councilman Carlberg, seconded by Councilman Wohlers the Building Inspector's Report for the month of September, 1969 was approved and ordered filed. On motion of Councilman Wohlers, seconded by Councilman Lammers Change Order No. 3 for the removal and replacement of concrete steps for a price of $353.00 for Local Improvement No. 71-1968 was approved as submitted by John H. Shelton. On motion of Councilman Melstrom, seconded by Councilman Wohlers the week of October 27th was designated as Fall Clean Up Week and the City Clerk was directed to place the proper notice in the Stillwater Evening Gazette. • • (October 7, 1969 - continued) On motion of Councilman Carlberg, seconded by Councilman Betatron a bond covering Robert G. Huston to make excavations in City streets in the sum of $5,000.00 was approved. • ORDINANCES None RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 459 1. Approving Assessment Agreement between the City of Stillwater and Washingtton County. 2. - Directing the Payment of the Bills. 3. Ordering a Hearing on Local Improvement No. 91 (various streets in Fairmesadows No. 1). UNFINISEED BUSINESS (out of order) Mr. Duane Elliott presented the following report to the Councils "We have been instructed by Resolutions 4287 and 4308 to prepare a feasibility study on the subject local improvement. The streets, on which surfacing, curb and gutter and other appurtenances were petitioned for, are shown on the attached location map. These streets are as follows: 1. Fairmeadows Road from Laurie Lane to Hanson Place. 2. Laurie Lane from Oak Ridge Road to Fairmeadows Road. 3. Hanson Place from Oak Ridge Road and Fairmeadows Road. In addition thereto, it is our recommendation that this improvement be extendedB to include the streets as follows: 1. Oak Ridge Road from Darrell Drive to County Road No. 5. 2. Fairmeadows Road from Hanson Place to Dundee Place. Both of these streets are indicated on the attached map. Also indicated on the attached map is a storm sewer required to serve the drairmage from the general area of the proposed street improvement. The limits of the daminage area tributary to the proposed storm sewer encompass an area smaller than the moo - posed street improvement. The limits of the storm sewer district are shown in s dashed line on the attached drawing. Appurtenant items required prior to street improvement are sanitary sewer and water services to properties which do not now have these services provided. Estimated cost data attached indicates the anticipated total cost of the improvwe- ment to be $52,920.00, including additional recommended street improvements anal storm sewer and sewer and water services required. The estimated cost per front foot of lot is $13.20. Storm sewer costs for those lots tributary to the storm sewer are estimated to be $0,019 per square foot on $190.00 per 10,000 square foot lot. The two additions to the street improvement are recommended because the inclusiion of these streets will complete the street network in. the Fairmeadows No. 1 Addition area. This project is found to be feasible and best be constructed, including portions of Fairmeadows Road and Oak Ridge Road as proposed.(D. W. Elliott, P. E., Banisater Engineering Company). (October 7, 1969 - continued) • • After some discussion on the matter of how to assess this project and future to draw waysand pres oent them to the Council on Octoberp14th.ral proposed approved On motion of Councilman Carlberg, seconded by Councilman Melstrom the date of the hearing on Local Improvement No. 91 was set for November 18. 1969 at 7:30 P. M. (see resolutions). ADJODAN ENT On motion of Councilman Melstrom, seconded by Councilman Wohlers the meeting adjourned at 9:32 P. M. RECONVENED AT 9:35 P. M. The Chief of Police Abrahamson brought up the matter of permission to trade in two 1968 Squad Cars on 1970 models immediately instead of waiting until January 1, 1970. Both cars are in such a bad state of repair that efficient patrol is nearly impossible. The cost involved in repairing the cars makes it prohibitive. Bids would be received now and would be paid for out .of the 1970 budget. (This memo was delivered too late to the City Clerk's office to be put on the agenda for this meeting). On motion of Councilman Carlberg, seconded by CouncilmaniLaamers the Chief of Police was authorised to draw up ape two police cars and the Clerk was directed to advertise for bids returnable at 7:30 P. M. on November 18, 1969. The meeting adjourned at 9:40 P. M. Attest: City Clerk Mayor -°2 461 COUNCIL CHAMBERS Stillwater, Minnesota October 9, 1969 8:00 P. M. SPECIAL MEETING The meeting was called to order by President Powell. Present: Councilmen Cariberg, Lammers, Melstrom, Wohlers and President Powel_L Absent: None Also Present: City Administrator, Lester Brower and the Assistant to the City Administrator, Wayne Loland The City Administrator informed the Council that the 1970 tax levy is $8,022.'JL less than the 1969 levy and based on the 1969 assessed valuation this would bce a reduction of about 1.70 mills. Mt. Jack Shelton, the Superintendent. of Publi,_e Works and Mr. Howard Hagen, Street Foreman, informed the City Administrator tint the request for a tree chipper could be withdrawn from the 1970 tax levy, whi -eh would further reduce the 1970 levy by about 1.94 mills. The 1970 tax levy prrvvides $36,535.60 for salary adjustments. In the event that the Council decides to .grant one-half of the salary adjustments as requested by the Police, Fire and Streett Departments and adjust all other personnel in the City government upward by $50.00 per month, this would amount to $28,000.00. The difference between the amount available for salary adjustments and the $28,000.00 is $8,535.60 or a decrease of about 1.75 mills based on the 1969 assessed valuation. Should tthe Council decide to cut the salary requests to approximately one-half and eliminate the tree chipper from the levy plus the difference between the 1969. and. 1970 :z levies, these three items would reduce the 1970 mill rate 5.39 mills based on the d valuation. After considerable discussion the following tax levy for the year 1970 was appproved. (see resolutions): 1970 TAX LEVY General Fund Band Fund Civil Defense Fund Library Fund Park Fund Public Employees Retirement Fund Garbage & Rubbish Collection Fund Permanent Improvement Fund Firemen's Relief Fund $200,000 Parking Facility Bonds of 1963 Fund Refunding Bonds of 1965 Fund $270,000 Refunding Bonds 1963 Fund Parking Facility Fund $500,000 Municipal Building Bond 1966 Fund Sinking for $350,000 Street & Equipment Bonds of 1967 Fund Improvement Bonds of 1968 Fund $ 348,000.00 1,500.00 3.000.00 23,000.00 7,100.00 36,000.00 6,000.00 42,000.00 475.97 4,616.00 34,195.00 17,746.01 950.00 27,759.00 43,796.00 3,264.00 462 • (October 9, 1969- continued) • i ABSOLUTIONS The following resolution was on roll call unanimously adopted: 1. Fixing Tax Levy for City Purposes for the year 1970. ADJOURNMENT On motion of Councilman Carlberg, seconded by Councilman Wuhlers the meeting adjourned at 10:30 P. M. Mayor Attest: City Clerk 4fi3 • • COUNCIL CHAMBERS Stillwater, Minnesota REGUIAR MEETING October 14, 1969 7:30 P. M. The meeting was called to order by Vice President Melstrom. The opening prayer was given by the Assistant to the City Administrator, Wayne Loland. Present: Councilmen Carlberg, Lammers. Wohlers and Vice President Melstrom. Absent: President Powell Also Present: City Administrator, Brower; Assistant to the City Administrator, Loland; Police Chief, Abrahamson; Fire Chief, Cormier; Supetorendlsnt f rks & Cof onsulting Engineerlic Works, Shelton; Duane Elliott;oandaARecreation, Blekum; A. W. Banister Citizens: Jerry Mahoney, Press: None UNFINISHED BUSINESS (out of order) This was the day and time set to open bids on Liquid Chlorine. The Clerk read the advertisement for bids aloud; Vice President Melstrom inquireed 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 October 1, 9. The following bids were then opened and read aloud: Bid No. 1 Jenne Chemicals, Inc. Hudson, Wisconsin Proposal Bond Price each $17.50 Total $2,000.00 Bid No. 2 Hawkins Chemical, Inc. Minneapolis. Minnesota Certified Check Price Each Total Bid No. 3 Lyon Chemicals, Inc. St. Paul, Minnesota Bid Bond Price Each Total $17.50 $2,800.00 $17.50 $2,800.00 464 (October 14, 1969 - continued, • On motion of Councilman Lammers, seconded by Councilman Carlberg these bids were referred to the Superintendent of Public Works for study and recommendation later in the meeting, subject to the approval of the City Attorney as to the legality of the bid. This was the day and time set to open bids on One Leaf Loader. The Clerk read the advertisement for bids aloud; Vice President Melstrom 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 October 1, 1969. The following bids were then opened and read aloud: Bid No. 1 George T. Ryan Co. Bloomington, Minnesota Certified Check Total Base Bid $2,950.00 Delivery on or before four weeks after receipt of order. Bid No. 2 Road Machinery & Supplies Minneapolis, Minnesota Certified Check Total Base Bid Delivery on or before the third day of November, 1969 $3,100.00 On motion of Councilman Carlberg, seconded by Councilman Wohlers the bide were referred to the Superintendent of Public Works, and the Street Foreman for study and recommendation later in the meeting, subject to the approval of the City Attorney as to the legality of the bid. DELEGATIONS OR INDIVIDUALS (out of order) A. W. Banister Banister Engineering Co., St. Paul At a special Council meeting one afternoon sore months ago, we discussed the matter of the Sewage Plant and the matter of the order you received from the Minnesota Pollution Control Agency, and the possibility of a Federal Grant. On the Federal Grant you had a priority rating of No. 4 and there was no money available for this year. I had a report on October 2, 1969 from the Federal Water Pollution Control stating that the project was in conformity as soon as the Wage Rate Determination was received. As soon as it is receive you would be in a position to advertise for bids. October 7th a Federal Pollution Control letter to L. R. Brower indicated the project was referred to Hud. (Mr. Banister read this letter). I wrote a letter requesting that they outline to you in a letter if and when they would take over your sewage plant and the basis of re- imbursement and this letter was written to the Metro Board on September 24th. The Metro Board will meet tomorrow afternoon and the second item on the agenda is this item. This time has not been determined. Mr. Brower asked me to appear tomorrow afternoon in your behalf. The argument is the time. 'I would anticipate that the Wage Rate Determination, which was requested by us prior to the middle of September, we would anticipate that to be received within the next week or ten days. The third matter is a request or directive sent to the City acdording to the Minnesota Pollution Control Agency, this letter was dated January 6, 1969 • • (October 14, 1969 - continued) • d 465 and addressed to Mayor Powell. (Mr. Banister read port..'.-ns of this letter anod a letter of January 9, 1969, both of which we have in our files.) A letter was written last week by the Minnesota Pollution Control Agency saying that they were withholding the approval of plans for sewer extensions within the City because you were not in compliance with the letter of January sixth. One of the thku;e th,.t came out of this was the monthly reports requested in the letter an.l included in the order and was part of Regulation WPC#21 had not been sub- mitted. There had not been a report given or prepared on the tertiary treatment which is for nutrients only. They still want a study on phosphorus removal. A copy of the State letter Chapter 21 Regulation WPC 21 standards are applicablo.e to the St. Croix River. There are no requirawente for the phosphorus or nutr:iemt removal. Wisconsin has no intention of phosphorus removal for the State of Wisconsin. The State of Minnesota feels that they are being forced by the Federal Water Pollution Control. They can and so ask that the study be made. Unless public opinion changes it, they will not require it. I would cite a cost figure of 900 per million gallons as a cost to the City of Stillwater anod this would be perhaps $250 or $280 per day for nutrient removal. This removal would minimize the fertilization of allegia in the river. The State is asking that an engineer's report be authorized concerning the phosphorus removal. We answered their letter and outlined the other studies that are going on. I stated that this matter would be considered by the City Council this evening and made no further commitment. To get the show on the road an authorization of the study of the removal of phosphorus removal must be made. We hope the "' maximum cost would not exceed $3,500.00. This would be part of the capital cost and reimbursement when you are taken over. Without such a study, and theey are going to hold hearings earlier this fall on this whether or not you are considering phosphorus removal from the Intra-State waters. Councilman Wohlers: Who will hold the hearings? Mr. Banister: The State Pollution Control Agency. Councilman Wohlers: What does the Federal have to do about this? Mr. Banister: Apparently it is the Federal government that is pushing it. At the present time the Federal government has required for all waters tributary to Lake Michigan. Unfortunately this is something that somebody says it is something that can be done and the cost of it can't be done. There is no prolaosal made or no intent to go any farther than the studies. Councilman Lammers: What does this procedure entail to make this study? Mr. Banister: The first thing that it will entail based on tests run by your own people, we will then perhaps take some of the samples and see how much hams to be removed. Councilman Wohlers: Who does this? Mr. Banister: Your people would run the chemical analysis. Councilman Wohlers: Who would break it down? Mr. Banister: We would do that. It is quite a new feature and I think we have people from our office who attended conferences held on it in the past two yeamrs. This is something that we could see coming and I think it is wrong to even consider it for a river. Councilman Carlberg: How long a period would this study take? Mr. Banister: By the first of the 'ear. We are doing it for Bayport. We haves those chemicals on hand. Councilman Lammers: It sounds tr ,ne like a lot of money. I don't understand why it costs so much money since Mr. Shelton --sill be doing the basic tests. Mr. Banister: He is going to provide us with the chemical analysis and not doo the tests. I would hope that we could do it for not over $1,000.00. Councilman Lammers: It bothers me to have this travel such a short distance aemd it is rather expensive. WPC Regulation #15, would it be unwise to get a clarification from them? 1 • v • 466 (October 14, 1969 - continued) • Mr. Banister: If the Metro Sewer Board takes this over you don't want to jeopardize that. The Metro Sewer Board is going to oppose any phosphorus removal under their jurisdiction. Councilman Lammers: i appreciate your warnings. I think it might be some- what premature until we get some direction from the local boards. Mr. Banister: The State called me today that they will have to hold the hearings. They have withheld your application until certain things are completed. Based on the letter 1 wrote him last week he may release this. You could do another thing on this nutrient study. We can do as much as we can do for $1,000.00. Councilman Lammers: I am opposing to spending any money at this time. Duane tlliott: They have asked for this study sometime ago. They feel there is lack of cooperation from the City of Stillwater. Mr. Banister: one of the problems that compounds this is the chemical evalua- tion cost for removing the phosphorus which is going to run 50 to 60 dollars per million gallons. That does not include the cost of handling and disposing of the additional solids resulting from the phosphorus removal depending upon the process, used. Councilman Lammers: There seems to be too much up in the air and too much opposition and why spend the money at this time. This is my personal feeling. Vice President Melstrom: You have been our Constulting Engineer and you have made these studies and it seems to me it would be the obligation of the Council to give you whatever is necessary to protect us. You have gone as far as you can go up to this point. I think Mr. Banister has the job and he has been authorized to do it and because of the work he has put into this, I think some way we should be able to authorize him to continue this thing. Mr. Banister: This was brought up in January and I read it. Frankly, I felt nothing would happen. Councilman Carlberg: This is a requirement by the State Pollution Agency and whether or not we approve this study is that going to make any difference to the Federal funds being available? Mr. Banister: They have already given you the authorization on it but it will jeopardize You in other ways. Councilman Carlberg: I am in agreement with George and Jim that we don't want to spend anY more money than we really have to. Do you think you can bring this up at the meeting tomorrow and see what the Metro Sewer Board has to say about it? W. Banister: I don't know. Supposing the Sewer Board would come back and say we would like to have these studies. I don't think this thing is so new that we are in a position to contract for services that they have not taken over. Vice President Melstrom: We are only concerned with the State now. Mr. Banister: That is correct. Vice President Melstrom: I think our problem is to give some direction to Mr. Banister. Councilmen Carlberg: Eventually we are going to be required to do this study anyway. Yoh would be willing to go ahead on the basis of $1,000.00. Mr. Banister: Yes. Councilman Carlberg: I would move that we direct the Banister Engineering Company to Start our studies on the phosphorus removal with a limit to be $1,000.00 and it reaches this amount we would look at the studies at that time. Councilman Wohlers seconded the motion. • • (October 14, 1969 - continued) 467 L7 . • Councilman Lammers: I don'tthink we are accomplishing anything. We are realty over a barrel as I see it. I don't think we should spend anything right now. Councilman Carlberg: If we don't do this, what repression would the state haute? Mr. Banister: They would approve no sewer extensions. You will not be taken over until 1971 or 1972. Councilman Lammers: To the South of us they are extending sewer all over the country side. Councilman Wohlers: I wish they would get together on this. We are spending our money here and Wisconsin is not doing it. (The vote on the motion showed Councilman Lammers opposed) Vice President Melstrom declared a recess from 8:45 to 8:55 P. M. APPLICATIONS None COMMUNICATIONS From Mr. Gordon Smith, Secretary of the Stillwater Recreation Commission requesst- ing that an engineering cost study be authorized by the Council as it concern a capital recreational improvement plan which has been talked about for severed years. Councilman Wohlers: Has anything been done on this engineering? City Administrator: Not to my knowledge. Councilman Wohlers: We can't go to federal grants without it. City Administrator: It hasn't been authorized. Councilman Carlberg: Is this in the budget request for 1970? Mr. Blekum: This was done after the budget was put in. Councilman Wohlers: Until we get this engineering costs there is no use doing anything further. Councilman Carlberg: What is your engineering cost study going to be on i.it? What improvements do you want to make? Mr. Blekum: These are the improvements for the Lily Lake area and the development of the camping grounds across the river on a fee basis. Councilman Lammers: Duane, how big a project do you feel this is? Mr. Elliott: I have no idea of what you want. Are there any drawings? Mr. Blekum: Yes. Mr. Elliott: These I have not seen. Possibly I can review this with Mr. Blekum and Jack Shelton. You have to have all the estimated costs beforee you can do this. I would like the opportunity to meet with Jack and Mr. Blekum on this. Councilman Carlberg: I feel that is reasonable and then come back with some kind of report - a feasibility or a comprehensive engineering report:. I would make that a motion that the Recreation Director and the Superin- tendent of Public Works and the City's Engineer get together and discuss this and report back at the next meeting. • • 468 • (October 14, 1969 - continued) Councilman Lammers seconded the motion. (all in favor). From Geraldine C. Riedesel, the Clerk of Stillwater Township replying to the Administrator'• letter of September 23rd regarding City owned property in Stillwater Township (Old Ritzer Property) in which she states that the Still- water Township Board has granted a variance to the City of Stillwater as requested by the City Council. (no action). DELEGATIONS OR INDIVIDUALS One of the representatives from a firm who submitted a bid for the Liquid Chlorine explained why these bids came in at the same price. PETITIONS A petition signed by Burton Jones, Ronald Kuehn, Ed Lott and Peter L. Furseth requesting a street light on Hudson Street. A petition signed by Mrs. Eugene Fischer and Mr. John C. Clarey requesting a street light at the end of West Hickory Street. A petition signed by Mrs. Antoinette Magee, 1127 West Mulberry Street request- ing a street light to be installed at the dead-end of West Mulberry Street. She states that Dr. Bunce, the Haaks and people living below the hill think it is a good idea to install this street light in this location. On motion of Councilman Lammers, seconded by Councilman Carlberg all three requests be referred to the Superintendent of Public Works and the City Administrator for a study and recommendation. CITY ADMINISTRATOR'S REPORT None UNFINISHED BUSINESS Mr. Duane Elliott, City's Engineer, distributed to the Council members infor- mation on the various methods of assessing local improvements and asked that they study this information and hold a special meeting at a future date to discuss this along with the street program for 1970. Two quotations on snow plows and necessary equipment were presented to the Council -- One from the Itasca Equipment Company, Minneapolis on a Wausau Plow at a price of $1,159.00 and One from MacQueen Equipment, Inc., Minneapolis on a Plink Plow at a price of $1,573.00. Mr. Shelton had indicated that the final decision as to the type of plow should be decided by Mr. Hagen, mar, Hagen by memo suggested that the City purchase the Wausau Plow at a quoted price of $1,159.00. On motion of Councilman Lammers, seconded by Councilman Carlberg that the recommendation of Mr. Hagen and Mr. Shelton be accepted and that the City purchase the Wausau Plow from the Itasca Equipment Company, Minneapolis at a price of $1,159.00. (see resolutions). • • (October 14, 1969 - continued) The awarding the contracts for the Liquid Chlorine and the Leaf Loader were on the agenda but Mr. Shelton recommended that we delay action until a later date. NEW BUSINESS On motion of Councilman Carlberg, seconded by Councilman Wohlers the Clerk - Treasurer's Report for September, 1969 was approved and ordered filed. On motion of Councilman Carlberg, seconded by Councilman Wohlers the resignatieom of William Hoist, a volunteer fire fighter, was accepted and the hiring of Tim Bell effective October 16, 1969 to begin his six month probationery period was approved. The City's Workmen's Compensation Insurance expires during the month of November, 1969. For the past two years the McGarry -Kearney Agency has provided this coverage for the City. Rates for various classifications in the municipalities are determined by a rating bureau so that all insurance companies are bound by one rate and the only difference in cost by the various insurance companies woi:ald be the dividends paid. In view of this fact the councils in the past have onlyy called for bids on compensation insurance in rare occasions. According to opinions rendered by city attorneys it is not mandatory to call for bids on insurance for city purposes. On motion of Councilman Wohlers, seconded by Councilman Lammers that the City continue with the McGarry -Kearney Insurance Agency for Workmen's Compensation Insurance for the year 1970. On motion of Councilman Wohlers, seconded by Councilman Carlberg the Council accepted the recommendation of the Police Chief for the hiring of Robert C. Fragnito, 1203 North Owen Street, Stillwater as a Police Reserve to replace Norman Webb. The Administrator had received the following information from Mr. Jack Shelton,. Superintendent of Public Works -- That the County will be doing work within the City limits in the next few weeks as follows: Placing an overlay or bituminous mat on C.S.A.H. #12 (Myrtle Street) from Owen Street to Birchwood Drive North. Place a 28 foot overlay or bituminous mat on C.S.A.H. #5 (Owen Street) from Myrtle Street North. (no action). Mr. Joel Blekum, Recreation Director, has requested that the City enter into a joint program with School District 834 in regard to hockey boards for a skating] rink located on the old athletic field owned by School District 834. The estimated total cost for the hockey boards would be $700.00 of which the Schonll District 834 would pay $350.00 and the City of Stillwater pay the remaining $350.00. On motion of Councilman Carlberg, seconded by Councilman Wohlers that this be referred to our City Attorney as to the legality of this natter. (Councilman Wohlers withdrew his second and Councilman Carlberg withdrew the motion and the following lotion was made): On motion of Councilman Carlberg, seconded by Councilman Wohlers that the City expend $350.00 for the hockey boards subject to the legal opinion of our City Attorney. 469 • 470 e (October 14, 1969 - continued) e • APPROVAL OF MINUTES On motion of Councilman Wohlers, seconded by Councilman Carlberg minutes of the following meetings were approved: August 19, 1969 August 20, 1969 August 20. 1969 September 4, 1969 ORDINANCES None Regular Meeting Special Meeting Special Mating Bid Opening 7:30 P. M. 4:00 P. M. 8:00 P. M. 4:30 P. M. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted. 1. Payment of the Bills. 2. Accepting the Work on Local Improvements No. 67-1967, No. 71, 72, 73, 74-1968 and making final payment. 3. Award the Contract for the Snow Plow 4. Employment of George Schwandt on a full-time basis. ADJOURNMENT On motion of Councilman Carlberg, seconded by Councilman Wohlers the meeting adjourned at 9:50 P. M. (The meeting reconvened at 9:55 P. M.). UNFINISHED BUSINESS (out of order) On motion of Councilman Wohlers, seconded by Councilman Lammers the employment of George Schwandt on a full-time basis as of November 1, 1969 was approved. (see resolutions). The City Administrator was directed to contact David Junker and ask him to remove his caterpillar out in Fairmeadows. The meeting adjourned at 10:00 P. M. Mayor moue • • • 471 • • COUNCIL CHAMBERS Stillwater, Minnesota SPECIAL MEETING The meeting was called to order by President Powell. October 28, 1969 7:00 P. M. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Powell. Absent: None Also Present: City Administrator, Brower; Assistant to the City Administrator., Loland UNFINISHED BUSINESS The approval of the purchase of the sand spreaders, leaf loader, and the liquid chlorine. The following memo from John H. Shelton, Superintendent of Public Works was resdda Mr. Harold Kimmel, City Attorney finds the following bids O. K. as for legality of bid bonds or certified checks. (Leaf Loader and Liquid Chlorine). I, therefore, recommend that the bid for a Leaf Loader made by the George T. Ryan Co. for the sum of $2,950.00 be accepted. I also recommend that the bid of the Jones Chemicals, Inc. be accepted by the City to furnish chlorine for the year 1970 as they offer a 2% discount and this would make them the lowest responsible bidder. Any immediate consideration by the City on awarding the contract for the Leaf Loader would greatly help in an earlier delivery date. On motion of Councilman Lammers, seconded by Councilman Carlberg that the recommendation of the Superintendent of Public Works be accepted and that the City purchase the Leaf Loader from the George T. Ryan Co. for the sum of $2,950.00 and that the Jones Chemicals, Inc. furnish chlorine for the year 1970.. (see resolutions). The following memo from John H. Shelton, Superintendent of Public Works was read: Attached to this memo please find two quotations on street sanders. Mr. Howard Hagen, Street Superintendent would like to purchase the following sanders at the earliest convenience. One Plink VC - T7B under -tailgate trough spreader for the sum of $997.00. installed, f.o.b., Minneapolis. One model B Hydro Spreader, for the sum of $802.75, f.o.b., Stillwater, ready for mounting, but not mounted. The Plink Spreader is a single spinner type with a single sectional auger. The Hydro Spreader is a twin spinner type and we have two of these for a period time in the City's sanding operations. I concur with Howard that we should at least try the Plink so we may obtain a comparison to base future purchases on. • • 472 (October 28, 1969 - continued) • 0 On motion of Councilman wohlors, seconded by Councilman Carlberg the recommendation of the Superintendent of Public works and the Street Super- intendent were accepted to purchase one Flink Sand Spreader from the Mac Queen Equipment, Inc., Minneapolis for a sum Of $997.00 and one Hydro Spreader from the Hall Equipment, Inc., Minneapolis for a sum of $802.75. (see resolutions). SEWERCONNECTIONS The City Administrator read the following memo regarding sewer connections on Fifth Avenue and Carnelian Street: In regard to homes being built by Mr. Archie Butts in the City of Stillwater, it seems that Mr. Donald Nolde thinks that all that has to be done is to extend the sewer and water mains up the streeetsne ts so these homes will be serviced. The acting city Engineer, Mr. Elliott, does not feel that he should engineer any of these extensions without direction from the Should Saida ld that he must bring in saeion for the exteneonof sewer ard water even though I believe that Mt. Butte intends to pay for the complete installation. These homes are now on foundations on Fifth Avenue South and North Carnelian Street. If these streets are engineered properly it may be possible for future development in the aforementioned areas. and for the good of both the water and sewer lines within the City of Stillwater. Mr. Harold Kimmel, stated that he thought that a petition should.be brought in. (Jack Shelton, Superintendent of Public Works). The general agreement of the Council is that Mt. Nolde should follow the proper procedures in trying to put these sewers in. Mayor Powell stated hatat DuaneiElliott tttshould Ccheck everything out on these matters to pot On motion of Councilman Carlberg, seconded by councilman Melstrom that Duane Elliott be instructed to do the elevations and protect the City's interests on Carnelian and Fifth Avenue and also to contact Oak park's Engineer and get his approval on the Fifth Avenue sewer extensions. The matter of a check -off list was discusseq. T:,ss would be made�utafor issued. or John Lawson so he would know what must be done before any building pe On motion of Councilman Wohlers, seconded by Councilman Lammers that the City Administrator, the Building Inspector, the Superintendent of Public Works and the City Attorney write a policy guideline for the Council's approval. This would then be the check -off list for John for all permits. DISCUSSION ON PETITIONS Mayor Powell stated that all petitions should be in at least one week before a meeting or they should be carried over to the next meeting. This would give the department heads time to examine the aspects of the petition - no official vote was taken, but all members voiced approval of this policy. DISCUSSION ON RESOLUTIONS The City Administrator informed the Mayor and Council that in drafting Resolution No. 4303 Ordering the Feasibility Report for Third Avenue that there was an error made in the description and it should read from Burlington to Orleans rather than from Dubuque to orleans: On motion of Councilman Melstrom, seconded by Councilman Lammers introduced a resolution amending Resolution No. 4303 (changing the description of the portion of Third Avenue that is to be improved). (see resolutions). • • (October 28, 1969 - continued) 473 q `1 The City Administrator explained the 1963 Parking Facility Bond Levy and ahowedt how this levy could be eliminated this year. On motion of Councilman Carlberg, seconded by Councilman Lammers introduced a resolution reducing the levy for the 1963 Parking Facility Bond to $0. (see resolutions). BUDGETDISCUSSION After some discussion, the City Administrator was instructed to check on a motion to make 65 the mandatory retirement age for the Street Department and if this was passed this would then enable them to straighten out the matter on Tony Conati. On motion of Councilman Lammers, seconded by Councilman Melstrom a resolution was introduced to make retirement mandatory at 65 years of age effective July 1, 1970 to include all City employees under the direct control of the City. Council. (Councilman Wohlers opposed). (see resolutions). MISCELLANEOUS The following directives were given by the Council: 1. Mr. Brower and Mr. Loland to discuss with John Lawson the possibility of not being building inspector and that he would do meter repair and routine building inspection. Talk to Jack Shelton about his being Building Inspector and Public Works Director. Talk to Francis Quick about being at the sewer plant and to assist Jack in the Public Works Department. 2. The Administrator's office is to check to see if the phone bill can be reduced and still have good service. 3. The proposal to firemen on wages is to include no pay for training - this is to be done during the daytime hours. 4. The City Administrator is to check to see why the Armory gets $250.00. 5. The City Administrator's office is to tell Howard Hagen that he will not get a raise because his crew is not working hard enough. 6. The City Administrator is to purchase the Xerox or Apeco machine so we no longer rent a machine. 7. The City Administrator's office is to send salary proposals to the Police, Fire and Street Departments. 8. Thursday, October 30th there will be a meeting with the various department heads as follows: Police Chief Fire Chief Superintendent of Public Works Director of Parks a Recreation 3:00 P. M. 3:15 P. M. 3:30 P. M. 4:00 P. M. • 474 • (October 28, 1969 - continued) RESOLUTIONS The following resolutions were read and on roll call unanimously adopted: 1. Accepting Bid and Authorizing Executionof Bill of Sale - Snow Plow. (repass - not prepared by the City Attorney in time for publication). 2. Authorizing Execution of Contract for the Leaf Loader. (George T. Ryan Co.) 3. Authorizing Execution of Contract for the Liquid Chlorine. (Jones Chemicals, Inc.) 4. Authorizing Execution of Contract for Two Saad Spreaders (MacOueen Equipment, Inc. and Nall Equipment Co.) 5. Amending Resolution No. 4303 (Local Improvement No. 81) 6. Amending the Tax Levy (1963 Parking Facility Bond). 7. Mandatory Retirement Age. The meeting adjourned at 1:30 A. M. Attest: Ant--0-t-lrG'V City Clerk Mayor 475 e COUNCIL CHAMBER November 4, 1969 3:15 P M. Stillwater, Minnesota SPECIAL FETING The meeting was called to order by Vice President, Melstrom Present: Councilmen Carlberg, Lammers, Wohlers and Vice President Melstrom Absent: Also Present: President Powell City Administrator, Brower; Superintendent of Public Works, Shelton; Consulting Engineer, Mr. Elliott; City Attorney, Kimmel; Bond Consultant, Ozzie Springsted; Press: Jim Broede, St. Paul Dispatch Duane Elliott: The assessment problem should be resolved before the November lath meeting as you are having a hearing on Local Improvement No. 91. It would seem that it would be good to have a policy by that meeting. Also under the present policy with piece -meal work with a block here and a block there, it is rather hard and a program should be developed. The projectsoshave to be aveetonbe Council cileinitiatd.1endless. think the City if basically doing a good j thr sam dhe This could continue and not resolve the maintenance costs. A plannedP og re you can knock off a comfortable amount of work each year. If you have a proogram, you can tell the people when you will get to their area. The first project Naas to be a test policy. Vice President Melstrom: If we take an arrangement like this, there is goizoq to be some people who are not in agreement with this. Duane Elliott: You have the whole community to consider. Councilman Wohlers: We had ideas of taking a major project in a certain :mina and then pick up the odd streets in the same area. Mr. Elliott distributed maps of the areas for which we have petitions which is Local Improvement No. 91 and indicated the other streets that willbe combined with this improvement in this particular area. Jack Shelton: A good percentage of the streets that need improvement have sewer or water in them. Councilman Wohlers: How come there are no storm sewers in Oak Park Heights" Councilman Lammers: I don't know. Mr. Elliott: They have natural drain and surface drains. Mr. Shelton: They run it through tunnels and ditches in Bayport. I know. Councilman Wohlers: Do you think it is practicable to get some of these :streets and can't we put a matting and hold them for eight or ten years or so untiaL some- thing else is solved. Mr. Shelton: Yes. Councilman Wohlers: smaller streets. me it's r I don't mean on the main traffic streets - just thesee (November 4, 1969 - continued) • • Mr. Shelton: There are two streets that are bad in the golf course area - North William and Moore Street and St. Croix that would need complete construc- tion. I would like to know what type of construction you would have in mind? - concrete curb and gutter - there is no storm sewer in the area. Bituminous curbs can be knocked up, but they do carry the water. Councilman Wohlers: I don't see how they can afford to put th. street in the way it should be. Mr. Elliott: You are talking either bituminous or concrete. Councilman Wohlers: This is okay on a major street. These should be done and then the secondary streets. Mr. Elliott: We don't put the same construction on the secondary streets. The major cost of a street is curb and gutter. To do the street without curb and gutter is not a final job. The people are willing to accept an assessment of five or six dollars per foot and be back in five or ten years for about $12.00 per foot. Councilman Lammers: I don't think that we can deny that the streets are basically in bad condition and something should be done and the major drawback is the 25% the City was picking up which limited the amount that we could do and also the separation costs. I would hope that we could proceed very rapidly to get good streets. It seems that once we get these streets, it is going to be somewhat cheaper.. maintenance and hardships to drivers across these streets. You talk about a plan - how long a long-range program or plan are you talking about? Mr. Elliott: I really think that the major plan for the City would have to be over a 15 or 20 year period of time. There are streets that are not that bad that should not be touched for that length of time. Mr. Kimmel: How long before you can get all the streets in a passable condition? Mr. Elliott: I don't think you should go longer than a five year period. A minimum size street project should be in the range of $100,000 to $150,000. There are move -in and move -out costs. Just what is the layout of the work to be done. Much of the dedcisions is going to relate back to the separation. We have submitted to the State Pollution Control Agency the criteria that we would like to use in finalizing this report. This would be about a 25% separation. This would eliminate 85% of the pollution. We have submitted this to them and are awaiting their reply in this criteria. I feel that the finalizing of this report of the separation study and perhaps Jack and myself working together and looking at some.. areas we can make some recommendations for test projects that would be desirable to study and get the costs on. This might be the way we can start out, unless the Council has some other ideas. In the past the 25% was out of the Permanent Improvement Levy. Storm sewers are expensive depending upon the drain- age areas. There is a problem of assessing 100% on sewers. It is conceivable that the entire system will not have to be separated. This might present a problem if one or two districts may be allowed to continue on a combined basis. The State will tolerate a certain amount going into the St. Croix River. Some areas would be required and others not. This could be a real problem. I think what you are looking at on storm sewer construction are in new areas such as Pairmeadows which is totally paid for by the petitioner. Vice President Melstrom: You feel that our present sewer system that won't be critical. Mr. Elliott: The discussion seems to be that you might have to separate everything. We are trying to back down on this. Mr. Shelton: The North and South areas they don't have a great deal of sewer. Councilman Lammers: If the State would agree to back out, wouldn't we have to have some assessed on a general levy because of that? Mr. Elliott: That would appear to be the case. Everyone would share as it is a total city budget. Many communities do assess about one-half of the cost of storm sewers and the rest on a General Levy. In respect to getting a street program under way, I think we have got to do some study in that area. Jack and I can get together on the street condition map and make a recommendation for a project as we have some petitions in the area and present that to the Council in a report form. In the Seeley, Brick area we will be submitting a report and • • (November 4, 1969 - continued) 477 e �. for a greater number of blocks in this area. Councilman Lammers: I would hope that your first venture would be a test venture in a small area. Those streets that obviously are needed and if we have to back off, we can. Mt. Shelton: Laurel and Olive need it. (Mr..Shelton displayed a map and explained it in some details regarding the various streets which were color coded as to their needs for improvements for construction, matting, sealcoating, etc.) Mt. Elliott: There is no easy formula to this. Just pick out an area and do it., Councilman Lammers: The North Hill is not basically as good as the South Hill. Mt. Shelton: We really haven't gotten there until the last year or so with matting and sealcoating. There is more matting to be done. Councilman Carlberg: The area that has to be done, will you have to do that all together? Mr. Shelton: I would say so but I would Like Duane to go with me. We know Olive Street and Laurel Street is bad. St. Croix Avenue up by Roger Peterson's.. We have fixed part of it but the rest is really bad. There is no choice there.. Councilman Wohlers: Laurel would have to be torn up. Mt. Shelton: That is a State Aid Street. I don't know if you want a petition for that or not. Vice President Melstrom: What if we do a certain area and improve it and if necessary do Laurel Street. Councilman Lammers: What about Laurel Street between Second and Third? Mt. Shelton: Duane will the State let us skip the one block that we matted between Third and Fourth? Mt. Elliott: I don't know. I think between Jack and I, we can develop some priority for two or three areas and by using some rough lineal areas and get some depth on it and we ought to take a crack at it. Councilman Wohlers: If you let Laurel go, you won't be able to travel on it. Mr. Shelton: In 1965 we put a mat on Third Street. There are some awful long cracks. It is a good surface and whether or not we should put an overlay on it., I don.'t know. The cracks are down and not across. Mt. Elliott: The trend is to put on a thin overlay rather than a sealcoating. Mr, Kimmel: You are always going to get some petitions and rather than tell the people that "no" it is not your turn, you will have to take care of them. Mt. Elliott: You have to be flexible. About ten years ago I worked at Rochester and they had a long range bond issue and had one bond issue which was voted on by the citizens. Mr. Springsted, do many communities do this? Mr. Springsted: Some do this. Having one big bond issue that would take care of the improvements for five years. I think it would be better to bond for each year's programs. Establish priority so that people will know when the streets will be improved. From the standpoint of financing it is better to finance eacf year's program. I would suggest that you establish a policy of assessments whirr there are technicalities involved. We are going to charge this amount for street work - curb and gutters and that is the charge and that it makes no difference where you live in the City and the City as a whole picks it up. You have to upgrade this with increased costs. I personally think streets are City wide responsibility. At least a share of it should be on the general Taxes. People • 478 • (November 4, 1969 - continued) • • don't understand that there is a difference in streets and the ways that they have to be built. Also it is going to ba more economical from an engineering standpoint if you can do one job. From a fiscal bond issue each year it will be more economical for you. It is going to be more economical from your standpoint. You could have one hearing or two each year and combine these projects and these things are out of the way. On all local improvements you advise your people to get new petitions to come in by the last part of January or the first part of February and combine your hearings and get :tsut of the way and get your construction bidding and financing out of the way early. Councilman Wohlers: I don't believe these petitions for one block should be done and then skip to others. Include something else in the area. Vice President Melstrom: What if Jack and Duane would come up with certain areas? Councilman Wohlers: You should think of Laurel and the street out by the golf course. I am receiving complaints on both of these. Councilman Lammers: I think if maybe Duane became a little familiar with the City as a whole he could come in with some flexibility with a plan. Mr. Kimmel: As long as we assess 100% is there any limitation on our financing in a given year. Mr. Springsted: No problems at all. 100% assessment simply mean that it reduces your general cost levy. Mr. Kimmel: Our general tax levy is a problem as we are limited. Mr. Springsted: There is nothing wrong with 100% assessments. You would have a little easier time with a fixed assessment. Mr. Elliott: Storm sewers are the hardest to have a hearing on. If you have a $100,000 project and you have got 200 lots that you assess each $500.00. You could divide between the number of lots in the area. Vice President Melstrom: Do we still pay the storm sewer costs? Mr. Kimmel: We have on everything so far. Any new projects you can consider ing and you are going to have to determine which method to use. When you are talking about combining jobs to do an area of the City shouldn't the Council be considering combining different types of matting jobs in one bid and all reconstruction. Mr. Elliott: It is good to combine them. It might present fewer problems at a hearing. Mr. Brower: There is a question as to whether or not the Permanent Improvement Fund is a fund that has been set up for paying 25% of the assessment. The Permanent Improverent Fund is for paying the cost of a local improvement that devolve upon the City. The examiners feel this should be used for any portion that cannot be legally assessed such as intersections. Mr. Springsted: There might be a hangup on this - what is it to be used for. The monies for the City's share on this does not have to come out of this fund. You may or may not take it out of the fund. Mr. Brower: This has been in a little grey area what the Permanent Improvement Fund is used for. Bond and the City make a levy for a portion of this each year to retire the bond. Councilman Lammers: Myron, can we give Duane and Jack some direction? Councilman Melstrom: This is up to you fellows. Councilman wohlers: Do the areas where we get a considerable sum of petitions and the problems areas. Councilman Carlberg: I think we have to look into the future more and over the wider period and draw a plan for a five year plan. • • • r-� (November 4, 1969 - continued) 479 • Councilman Wohlers: Do you suggest starting in the smaller areas and see the reaction? Mr. Elliott: I think there might be a logical 1970 project and we can quickly get that to the attention of the Council and have a long range study that is something that can be resolved during the winter monthsto be done in 1971. If a project is planned for next spring, it is ideal to hold the hearings no later than February and get an early call for bids. Councilman Wohlers: Why not start right now and check out the area that we want= and the ones having the biggest problems. Councilman Lammers: Could we say that we have a plan whereby all the streets be done by 1971? Mr. Elliott: I would say not more than five but not less than three. Councilman Lammers: Is there any reason to spread it over a five year period? Mr. Elliott: We are not going to do the whole town, only those streets that need to be done in a five year period. From the standpoint of physically being able to accomplishing the plan of construction it would be possible in five year.-:. Councilman Melstrom: Will this complicate the financing? Mr. Springsted: There is a certain advantage to getting started early. Possibl_.y you could get the assessment rolls in in 1970 for the first collection in 1971. Otherwise we have to capitalize the interest. There is a real advantage to gettiimg this work underway. Councilman Wohlers: I move that we refer this matter to Jack and Duane as to the area that they feel should be constructed in 1970. Councilman Carlberg seconded the motion. Mr. Elliott: The corner lot assessment has not been resolved. Are you going to assess side yards on an equal basis as front yards? Or are you going to assess 100% of the short footage and 35% of the long footage of the lot. This basis of assessment will be adhered to whether the improvement of both the short and long footage are under a single project or under two separate projects. Irregular lotts will be assessed at the frontage at the building set back line. Mr. Kimmel: Corner lots do have more flexibility. You can put a garage in a different spot, shorter driveways and you can put your house on it in a little different way. If you do the side, you could send hearing notices to the interior lots. Mr. Elliott: Many communities use this method of assessing 35% to the corner lot and the balance to the interior lots. Storm sewer boundaries are not necessarily the sane as the street improvement. (all voted in the affirmative on the motion). Mr. Brower: I think this Council should be commended for taking this action, which was talked about back in 1963. This is the way it has to be done. Other- wise it will drag and drag. It is disasterous to go too fast. (Mr. Elliott read the balance of the suggested street assessment policy on improvements on County, State Aid and Municipal State Aid Streets and the Assessments on Arterial Streets within residential areas not on County State Aid or Municipal State Aid Routes.) Mr. Kimmel: We have a right to do it if they will cooperate in the hearings. County Aid they enter into the contract so we have to have our assessment hearing in order to do that, but it is legal to do it. Mr. Brower: Olive Street was being put in at no cost to the property owners. The Council felt that there should be some assessment. The only cost to the property owner was the stub ins. • • • • 480 (November 4, 1969 - continued) Mr. Elliott: This would require some discussion with the County. • • Mr. Brower: They were firm on this. Mr. Kimmel: I think we should approach the County and meet with them. Councilman Lammers: Maybe we should attempt to resolve this. Mr. Brower: It is possible. Mr. Kimmel: Duane why don't you and I talk to Carl Erickson about this. We have the right to do it so we have a right to discuss this with him since we weren't involved in this problem on olive Street. Mr. Kimmel: Apparently you had the improvement hearing. Mr. Brower: We had the hearing for the stub -ins. Councilman Lammers: It is going to be tough to draw the line. Mr. Kimmel: The impression is that we are assessing 100% on those streets (Pine Tree Trail, Lake Drive, etc.). Legally there is nothing stopping us from doing this. Mr. Springsted: I think generally communities do what you propose to do. Assess the people on State Aid as someone on the regular street. This is equitable. I think it is inequitable to assess someone on a heavily travelled street more than those on the residential street. Councilman Lammers: Jack and maybe Duane Elliott mentioned with the flat rate there is a difference in the work involved. Mr. Springsted: If you got different types of work, it is harder. Councilman Lammers: I like what Duane proposed. It is simple and seems equitable. I think it is good as proposed. Councilman Wohlers: I would move that we assess the long side 35% for street improvements for corner lots and the balance to the interior of the lot. After some discussion the motion was changed to read as follows: I would move to approve the suggested street assessment policy at once which reads as follows: Definitions Abutting Frontage - The part of a lot which borders on an improvement. Long Frontage - The long dimension of a corner lot regardless of the house orientation. Short Footage - The short dimension of a corner lot regardless of house orientation. Building Set Back Line - A line 30 feet back from theproperty line abutting the street. Suggested Method of Assessment Interior Lots Corner Lots - To be assessed on the basis of abutting footage. To be assessed on the basis of 100 per cent of the short footage and 35 per cent of the long footage of the lot. This basis of assessment will be adhered to whether the improvement of both the short and long footage are under a single project or under two separate projects. • • • (November 4, 1969 - continued) Irregular Lots - Will be assessed at the frontage at the building set Sack line. Improvements on County, State Aid and Municipal State Aid Streets - Will be assessed the abutting property owners at a unit rate equal to the current estimated cost for a: residential street improvement. Assessments on Arterial Streets within Residential Areas not on County State Aid or Munic- ipal State Aid Routes - Will be assessed at the current estimated cost of a normal residential street. Councilman Carlberg seconded the motion. (all in favor). INTEREST RATE ON ASSESSMENTS Mr. Springsted suggested that the Council set a rate of 8% on assessments in the future. After some discussion, on motion of Councilman Carlberg, seconded by Councilman Lammers that the interest rate on assessments be raised to a maximum of 8%. Mr. Kimmel: I suggest that you possibly consider some rate above what you arts being charged on your bond issue. Mr. Springsted: If you have a policy of 8% and you wait until you have your assessment hearing to set the rate, it is too late. You are not going to makce any money on it. Councilman Carlberg requested that this motion be amended to read as follows after Councilman Lammers consented to it: I would move that we raise our interest rate to 8% on assessments. Councilman Lammers seconded the motion. (all in favor). Mr. Elliott: My recommendation would be that the storm sewer be on a unit ba:zis and a unit would be an average residential lot in the area. Councilman Lammers: Would the separation problem enter into this hearing? Mr. Elliott: No, this will be 100%. $350,000 IMPROVEMENT BONDS OF 1969 Councilman Lammers then introduced Resolution No. 4329, entitled "Resolution Authorizing The Issuance, Fixing the Form and Details and Providing for the Execution, Delivery and Payment of $350,000 Improvement Bonds of 1969, Series. B". Councilman Carlberg seconded the motion and upon vote being taken thereon the following Councilmen voted AYE: Carlberg, Melstrom, Lammers, Wohlers and the following voted NO: None whereupon said resolution was declared duly passed and adopted and was signed by the Mayor, attested by the City Clerk, and directed to be published. (see resolutions). 482 (November 4, 1969 - continued) RESOLUTIONS The following resolution was read and was on roll call unanimously adopted: 1. Authorizing The Issuance, Fixing the Form and Details and Providing for the Execution, Delivery and Payment of $350,000 Improvement Bonds of 1969, Series B. Meeting adjourned at 4:55 P. M. Attest: Mayor e • COUNCIL CHAMBER Stillwater, Minnesota SPECIAL MEETING The meeting was called to order by President Powell. November 6, 1969 3:00 P.M. Present: Councilmen Lammers, Melstrom, Wohlers and President Powell Absent: Councilman Carlberg Also Present: City Administrator, Brower; City Attorney, Kimmel; Police Department - David Knefelkamp and Albert Cote The Mayor advised the Council that he had received a request from Mr. Russell Wolf, Clerk of the Washington County Municipal Court, to use Room 107 as his office and then to use the Room G-15 (Conference Room) for a Jury Room when the need arises. There would be no additional rent to the County for this change. On motion of Councilman Lammers, seconded by Councilman Wohlers that the City allow Mr. Wolf to set up his desk in the Jury Room and use the Conference Room as a Jury Room without an additional charge to Washington County. POLICE ASSCJIATION CONTRACT Mr. Kimmel read the proposed contract section by section and discussion was held as follows: ARTICLE I - SENIORITY Section I No Change Section II No Change Section III Mayor Powell raised the question if there would be a cut -back or lay-off if they would eliminate positions and if such a thing came about there would have to be this since you would have all chiefs and no Indians. In case this should happen there should be something to this effect in the contract:, Mr. Knefelkamp: You mean if you cut -back in manpower you would also make them take a cut in pay. This is not fair. Mayor Powell: If the Street Department has twoforemen and ten men and you cut back to five you would not need two foremen. Mr. Knefelkamp: If you did so and you would not need the sergeant, would he also lose his sergeant's pay? Mr. Cote: We need men and you are talking about cutting men and cutting pay. Mayor Powell: If we don't settle on a salary where we keep the force, we are going to have a smaller force to stay solvent. When we get to salaries what comes up and this is going to have a quite a lot of effect on this section. We don't have to come to a decision now. It is something that we should be able to think about before we do it. Mr. Knefelkamp: Before you make any provision to laying off men. you will have to do considerable thinking about it. I don't think the citizens of Stillwater will stand for it. I think we should think about this section before we make any change. 483 • • 484 (November 6, 1969 - continued) • • Mayor Powell: First of all we have to consider that one department cannot benefit to such a degree that the other departments are unhappy. I don't say that everything has to be to the penny. When we negotiate with you, we must also bear in mind what we have to do with the others. The proposals we sent out were almost equal. We can continue on. I think that we should have to check on that because the possibility of laying off is not absolutely out of the question. It is possible that something like that might take place. Councilman Lammers: I think it is just a little premature. Mayor Powell: You could just have all chiefs and this thought came to me. Section IV No change No change No Change ARTICLE II -- SICK LEAVE ARTICLE III -- SEVERANCE PAY ARTICLE IV -- HOLIDAYS Section I - Employees having completed two consecutive years of continuous service shall be entitled to seven paid holidays per year. (This would mean no holiday pay until the end of the third year of service). Mayor Powell: As soon as he is a permanent employee he should get his holiday pay. If it is agreeable to the Council, we will change this to pay after six months. (This was agreeable to all) Change to be -- After an employee has completed his probationery period of six months. ARTICLE V -- VACATIONS Mayor Powell: If we change this for you, we will have to change it for all employees. Wouldn't you say so, Les? Mr. Brower: Yes. Mr. Knefelkamp: Many allow vacations after six months. You are allowed tb take it under the sheriff's department. Mayor Powell: Who else did you talk to? Mr. Knefelkamp: The State Prison allows 13 days a year from the time you start. Red Wing one week during the first year and also Forest Lake - Cottage Grove one year - one week; Hastings one week after one year. (He enumerated many others). Mayor Powell: The Council should study this not only for making a concession it is spending additional money and we should check and see on this. The Council feels that anybody on a monthly salary should be at a minimum of overtime. Mr. Knefelkamp: It is pretty hard to run a public service department without overtime, because of sickness and vacations. Mayor Powell: If our Police Department is going to cost us the same to run seven men as it would to run 10 men, then we are going to run with seven men. Councilman Lammers: When we talk about a week, is that seven days? Mayor Powell: Vacation is five working days. I think in all contracts, police, fire and street department it should be defined a week's vacation is considered five working days. Councilman Lammers: It seems that on vacations it is a fixed rate of employment. In general employment to get vacation after a certain amount of time. • • (November 6, 1969 - continued) q85 • Mayor Powell: I don't know of a business that does it that way. Councilman Wohlers: Someone could be here three months and takes a week's vacation and ups and go some place else. You give him one week for three month's work. Mayor Powell: What I would like to do is, because this will affect not only our department but all the departments, I would like to be able to sit down with Les to see what this is going to cost us. We can do this and include it in what we hope will be one of the final, or close to the final proposal that we will have to send to you. ARTICLE VI - UNIFORMS No Change Councilman Lammers: Is it wise to allot a certain amount each year? Mr. Cote: Each man gets a purchase order before he makes the purchases. Mayor Powell: In other words the bills are submitted for the clothes. Mr. Brower: One man wears a plain suit and it was determined for this year a plain suit would be used as a uniform. Would this be classified as a uniform? Mayor Powell: I would feel that if a man was designated as a plain clothes man that he should be allowed this as a plain clothesman. Those men they are entitled to that and should be alloted for that. Mr. Brower: In your proposal do you include that this be included for the plain clothesman? Mayor Powell: Yes. ARTICLE VII - HOURS OF EMPLOYMENT No Change ARTICLE VIII -- RESIDENTIAL REQUIREMENTS Mayor Powell: The Council decided that this should be at 15 minutes. We will leave this at the 15 minutes rather than make it thirty minutes as you propose. Nr. Knefelkamp: Yes. ARTICLE IV - EXTRA COMPENSATION No Change ARTICLE X -- TRAINING No Change ARTICLE XI -- RETIREMENT No Change ARTICLE XII -- SUSPENSION OR TERMINATION OF EMPLOYMENT No Change ARTICLE XIII -- SALARIES Mr. Xnefelkamp: We would like to have you hold to Article XIII as proposed. The following proposal was offered following the October 28th meeting: • (November 6, 1969 - continued) • • Requested Increase Proposed Increase by the Council $35.00 Patrolman under 6 months $70.00 Patrolman - 6 months tc 1 year $80.00 $40.00 Patrolman - After 1 year $95.00 $45.00 Patrolman - after 2 years $115.00 $50.00 patrolman - after 3 years $125.00 $60.00 Sergeant $135.00 $60.00 Captain $165.00 $60.00 Investigator $125.00 $60.00 Mr. Knefelkamp: We are not asking for the most. We have requested a survey from several metro police departments and we find none lower than we are. We do have a fine job in this town and we should be entitled to at least an average. There are many Police Departments that are much, mucL higher than we are making. Some of them start at much more than our Sergeants are making. I think in this day and age Policemen are professional people and are expected to act professional more and more. Mr. Cote: If we could get what they got this year, and there is talk that they are going to get a 11% increase for 1970. Mr. Knefelkamp: The city feels Section XIII is too much money. If we could take back to our men a settlement equal to that what the Washington County Sheriffs are getting for 1969 as follows: Start $615.00 After 6 months $640.00 After One year $665.00 After INyears $690.00 After 2 years $740.00 Sergeant, Captain E. Investigator $790.00 I feel that after a man has two years you will know what he can do. This is their 1969 pay scale. We are down the list so far now that we have to have a jump to get up to where we should be. Councilman Wohlers: .Sow are their fringe benefits? Mr. Knefelkamp: They are patterned after ours, with minor changes for vacations and uniform allowances are somewhat the same. Councilman Lammers: What about the fringe benefits? Mr. Knefelkamp: Our sickness and accident policy are paid for by the City and the employee pays for his spouse and family. (Mr. Knefelkamp then cited the various starting salaries for the villages and cities in the Metro area) Councilman Lammers: i don't think it is realistic to compare starting salaries but rather after one year. (Mr. Knefelkamp then cited the one year salaries as compared with ours of $580.00) Councilman Lammers: you are asking us to jump $115.00 for the two year men. Your initial approach was a little out of proportion. Mr. Knefelkamp: I took a job in police work and took a cut in pay and thought it would come up. I think you have to show a real promise to come up. Councilman Wohlers: I think this should be changed if the City should consider salaries after the schooling. Mayor Powell: What I would like to do is to ask Wayne to figure out how this will affect the budget if we were to pay these salaries. I am referring to: • • • (November 6, 1969 - continued) 487 Mita Start $615.00 6 months $640.00 1 year $665.00 2 years $690.00 3 years $740.00 Sergeant, Captain Investigator $790.00 how that would affect our budget in the total and something reasonable to that for the Fire Department and something reasonably close to that for the street department. I would like to find the total picture and the effect on the budget and make a proposal and how many men the Police Department will have to work with to meet that budget. Councilman Wohlers: This is a forty hour week. Mr. Hnefelkamp: Yes. Mayor Powell: We are not going to keep it within the budget then when we do thiss some consideration will have to be given to what was discussed in Section III. until that time comes and until we see how this affects the budget, we will have to meet after that. Mr. Cote. Can I get an opinion? This Washington County 1969 scale, I think everybody knows that all the policemen on the Stillwater Police Department in the department is worth that. Mayor Powell: We are not denying that. This perhaps is not a reasonable salaryg. We will say without any reservation t::at our tax base does not allow.this. Our personal services for the City of Stillwater is over 50% of what we spend. We have to be realistic. If you think that we can give the Police Department more than the other two departments, we would have no end of trouble and we are going() to protect ourselves to that extent. What we negotiate with one will have to be what we do for the others. Mr. Knefelkamp: It is not the business of the Street Department what we make. I don't see why they have the feeling that everybody should have to be paid the same. Mayor Powell: We have a heavy equipment operator in the Street Department that: doesn't make what a three year patrolman does. We don't have anyone in the street department that makes a captain's wages. We feel that a heavy equipment: operator is worth just as much as a three year patrolman. Mr. Hnefelkamp: What about the regular truck drivers? Councilman Lammers: $562.00 per month. Mayor Powell: We have to be fair - as fair as possible with everybody because too give you what you feel you are worth it is going to upset this whole thing. Thee Street Department is farther below than the Police Department. We have an assessaed valuation of $4,000,000.00 and it should be $8,000,000.00. We know what we haves to do and we are not particularly happy with the situation but we can't operate in the red. Mr. xnefelkamp: I think we share the same opinion. Mayor Powell: If you insist on these salaries then we are going to have to work: with less men. How many men from your department or other departments, we don't: know. Nothing has been definite yet as we are not through negotiating is the reason. We want to come up with these figures. To give you what you ask for nave is a castophere. It will be more than the budget will allow. I would like to k:aow what that will cost in fringe benefits. We are going to have to extend that in other departments. I will assure you that this will be done as soon as possible.. You might not get an answer until the end of next week. Mr. Cote: Can I have an opinion from the Council members as to what they think of the Stillwater Police Department? • • 488 (November 6, 1969 - continued) Mayor Powell: I think the Police are doing a fine job. We don't have too much against any department but the Police Department has been a credit to the City of Stillwater and we would hope that all the departments would operate in a manner that will reflect on the Council. When we get this proposal to you, we would figure out where the budget would stand when we proposed $665.00 to $775.00 that we could do this with your department and the fire department and we had a slightly greater increase of eight or nine dollars for the Street Department as they are farther below the metro average. Councilman Lammers: I do think that we do have a good street department. I do think that your requests are out of line though. The cost of City govern- ment is going up. We succeeded in making some savings and this should give more money for salaries. Unfortunately we do have a ceiling that we can't go over. The Police Department and the Firemen are a credit to the City and in answer to Dave's comment maybe we should find out if there are more wasted man hours of the type of salaries that are given to the Police and Fire Department. Unfortunately we are limited. Mayor Powell: We are looking to compulsory retirement. Mr. Anefelkamp: Would it help to set the dates closer to the time of the contract? Mayor Powell: Yours and the Fire Department were in on time. You can rest assured it has not been your fault. We are just now beginning to set a date with the Street Department and with the proposal that they had it was 930 per hour or $160.00 a month increase. We are holding back so that we can equalize it. Mr. Cote: Who is their bargaining agent? Mayor Powell: Local No. 49. They haven't reached an agreement with the Manager's Association. Councilman Wohlers: Say we give you $85.00 and then come up with $160.00 for them - then what do you do? Mayor Powell: We are not trying to drag our feet - I would like to see the Police Department stay at the size it is but if we can't operate within the budget, there is only one thing to do and that is what we are going to have to do and I don't like to do it. Councilman Wohlers: This would be for all departments. Mayor Powell: I don't see how we can operate a fire department with less than five men. They have got to have two men on days and two men off. You have to have an extra man there in order to call it a fire department. You would have to go to volunteers. Mr. Cote: If they cut any amount of personnel in the Police Department. what type of schedule could be worked out? Mayor Powell: Our Police Department has grown considerably faster than the population has grown. We can assume that we were undermined a few years ago when we were operating with less men. It might be that we are going to have to go back to something like that. Mr. xnefelkamp: I think the census will come out over 11,000. The amount of crime has gone up over that. Mayor Powell: When you have a more sophiscated Police Department more crimes are made known. I think a small Police Department is interested in giving parking tickets and speeding and probably not have as many crimes actually committed. Mr. Knefelkamp: There are more things to be aware of. The number has increased. This is due to morn people taking drugs and comitting other crimes. It is going on at a higher rate all the time. There are more thefts going on the hill than there were two years ago. This is due to human needs. • • • • (November 6, 1969 - continued) Mr. xnefelkamp: Has it ever been thought about getting part of Conley's money from the Parking Fund? I don't believe Rube was paid out of the Police Department. Mayor Powell: Rube's salary was not paid out of the Police Department. The point is this - whether he is paid out of your budget or not, when we talk about salaries it doesn't make a difference whose budget it comes out of as it all comes out of the General Fund. Every possible amount of money that can be put in is being put in the General Fund. Our contracts with outlying Town- ships. We can't take parking mo ney which gave us quite a bit. That goes into the Revenue Bonds for the new parking lot. The merchants asked that be done and the revenue retirement of those bonds. This is with the new parking lots goes for the old parking lots. The on -street went into the General Fund but now that doesn't go into the General Fund. The meeting adjourned at 4:35 P. M. Attest: City Clerk allezaw‘z).„$24A-e-44---1 Mayor n • • COUNCIL CHAMBER Stillwater. Minnesota SPECIAL MEETING The meeting was called to order by President Powell November 17, 1969 4:15 P. M. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Powell Absent: None Also Present: City Administrator, Brower; Assistant to the City Administrator, Lolandi Police Chief, Abrahamson; Police Association--A1 Cote and David gnefelkamp Press: Roger Gratiot and Mrs. Gaffney --Stillwater Gazette POLICE ASSOCIATION CONTRACT Discussion was held on the various sections of theagreement with changes as follows: Article V--Section — change "week" to "work Shift" in the wording at the end of this section. Article VI --Discussion was held regarding uniform shoes to be included in this allowance with the following addition: "Which may include one pair of uniform footwear, as needed, per year." Article XIII--Wages Wayne Loland: The following is the proposal by the Association and the new proposal by the City Council: county 1969 New Proposal Patrolman under 6 months $615.00 $600.00 Patrolman six months to one year $640.00 $615.00 Patrolman after one year $665.00 $645.00 M=I Patrolman after two years $690.00 $670.00 gum Patrolman after 3 years $740.00 $720.00 Sergeant $790.00 $735.00 Captain $790.00 $745.00 L Investigator $790.00 $785.00 Mayor Powell: Wayne, would you compare this with a heavy equipment operator in the Street Department. Wayne Loland: The county proposal for the Street Department for straight salary with no holiday pay is 16.9% and with the PERA and the holiday pay it is close to 20%. The Council's proposal is 12.3%. This same rate projected over the other departments would amount to $13,843.00. The Council had cut some of your original budget. The Police Department amounts to $10,390.00. Mayor Powell: The salary of the Heavy Equipment Operator is under that of a three year patrolman. • • (November 17, 1969-continued) 4'91 • • Mr. Loland: The Heavy Equipment Operator is $710.00 and the Light Equipment Operator is $637.00, and the Public Works Maintenance Man would be $590.00. The Police Department is still ahead. Mayor Powell: This projection includes men like Joel Blekum, John Lawson and Jack Shelton and the other ones as their salaries were originally set on the proposal we gave you. To be fair we feel that some consideration has to be given. We are negotiating here with the Police Department for all three. We do not want to cut the Department. Some men may not be with us because of retirement and we can't really count on that. We have so very little cushion that we hope that you would take this recommendation and consider it favorably. Councilman Carlberg: We have the investigator at $785.00, and Captain at $745.00. I would like to change this and make the designation as captain the same as the Investigator and the Assistant Chief. Mayor Powell: I would say in regard to this that recommendation should come from the Police Chief to the Council. I would rather he ran his department the way he feels it should be done. If there is something wrong with that he has to answer to the Council. I believe a good tight ship should be run. I would suggest that this be taken care of through the Chief and brought to the Council. David Enefelkamp: There are some things that I worry about a little bit. The Sergeant would get $25.00 and here he is getting only $15.00. There has always been this particular spread. There is a larger spread between Captain and Investi- gator than there should be. You are talking about positions. Mayor Powell: Do we have one sergeant? Mr. Enefelkamp: Two. Mayor Powell: If we were to justify what you say, how many three year patrolmen do we have? Mr. Knefelkamp: One. Mayor Powell: How many will soon be three year patrolmen? Mr. Enefelkamp: None. Mayor Powell then cited several changes on the various levels which would come out with the same total as proposed. Chief Abrahamson: Just so the Council is aware of my feeling, when I came here in 1967 I inherited a problem that existed and I want the Council to realize that there was a problem to keep certain people happy. This is something that has happened in the police Department and I personally feel I had a real hell of a time to see as an administrator for a department. I am trying to avoid getting back into a position where I am going to be put on the spot as an administrator. I feel that as an administrator of this position as Chief of Police, I am afraid that if we start juggling these figures around I am going to run into problems. I don't know if you know what I am talking about. Mayor Powell: What would be your recommendation as far as the proposal as presented by the Council? Chief Abrahamson: As administrator I feel that the man in the lower rank should have this. Councilman Lammers: Regarding this latest proposal that we gave and the slight changes in the proposal, do you think an administrator could live with the spreads? Chief Abrahamson: I feel that as an administrator what was proposed as a difference was fair. Mayor Powell: Would you think that this changing the Inspector to $775.00 and the $740.00 and the patrolman not changed at all? Sergeant $50.00, $10.00 off the Inspector, with the top salary at $775.00. Chief Abrahamson: I would rather see it that way than take it off the other end. 1 • • 492 e (November 17, 1969-continued) • Mayor Powell: We submit this proposal and they will have to take it back to their men and at their earliest convenience and they can notify Mr. Brower and we can discuss it further. Mr. Cote: The Captain's pay is $745.00. Mayor Powell: The new proposal will be: Patrolman under 6 months Patrolman six months to one year Patrolman after one year Patrolman after two years Patrolman after three years Sergeant Captain Investigator $600.00 $615.00 $645.00 $670.00 $720.00 $740.00 $750.00 $775.00 Chief Abrahamson: I have to keep all of them happy. Mr. Cote: We will take this back. I just want to comment on this difference between the sergeant and the Captain. The Captain is Bud Roepke. He was Police Chief for sometime and he has been on the force for 16 years and he keeps all the records. Mayor Powell: This was discussed designated to a stenographer and Chief Abrahamson: If I am still long as I am police chief in this There are many reasons for this. still here that I would give some with two sergeants. also at great length. Record keeping should be cut corners. This was considered. around that position will be eliminated. As town, Mr. Roepke will keep this position. I feel that after Mr. Roepke goes and I am authority to one of the sergeants and run it Mayor Powell: It is one job that we don't need. He could be a sergeant and is doing a good job. Mr. xnefelkamp: We could do the same job with three sergeants and no captain. Mayor Powell: We are straining the budget to do this. This is what we can do and live with it. We have given you just a rough idea that the wages are not the same but the increases are the same. We have to live with all you guys and we want to keep it running as smoothly as possible. If a man leaves, we may not fill in the vacancy, whether it is your department or the street department. We have given this some consideration. Mr. Knefelkamp: I think we can reach a mutual agreement very shortly. We should be able to have a reply within a day or two. Mayor Powell: Tomorrow we can type up the new proposal. The only overtime figured in this is overtime for vacations and sick leave. If we figured overtime in here, if we had money in the budget, we would simply have to tell the chief no overtime. Mr. Knefelkamp: Could we have compensatory time when we have overtime for reports? Mayor Powell: There will also be sometime in emergencies. This is something that can be worked out. Councilman Melstrom: Do you think that could be worked out through the Chief? Mayor Powell: If we have an understanding between the Chief perhaps that might not be in the contract, because then we are talking the whole route. Mr. xnefelkamp: The Chief is aware of this. Mr. Cote: I have a question about the wording in Section 3 of Article I. Mayor Powell: This would only be affected if we have to cut help. For now we will leave it as is. • • (November 17, 1969 - continued) 4.93 • Chief Abrahamson: I think this is very important when you compare a small department with a larger department. In a larger department a traffic patrolman is just that but in a small department you have to make other arrests. Councilman Melstrom: As a committee will you recommend this to your men or will you just discuss it? Mr. Cote: I think we will recommend it. The meeting adjourned at 5:05 P. M. Attest City Clerk Mayor • • Council Chamber Stillwater, Minnesota REGULAR MEETING The meeting was called to order by President Powell. The opening prayer was given by the City Administrator November 18, 1969 7:30 P. M.. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Powell Absent: None Also Present: City Administrator, Brower; Assistant to the City Administrator, Loland; Superintendent of Public Works, Shelton; Fire Chief, Cormiext; Police Chief, Abrahamson; City Attorney, Kimmel; Director of Parks and Recreation, Blekum; ConeUlting Engineers Duane Elliott and Len Newquist. Press: James Broede, St. Paul Dispatch and Roger Gratiot, Stillwater Gazettte Citizens: About 30--Dale Mattison, Bob McGarry, Richard Gimmestad, Gene Bremen, Duane Arndt, Delmar Pauley UNFINISHED BUSINESS (out of order) This was the day and time set to open bids on two police cars. 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, official newspaper of the City, on November 3, 1969. The following bids were then opened and read aloud: Bid No. 1 Erickson Motor Co. Stillwater, Minnesota Bid No. 2 Bid No. 3 Certified Check Total Net Bid Brookman Motor Sales Lake Elmo, Minnesota Certified Check Total Net Bid Bloom Motor Co. Stillwater, Minnesota Certified check Total Net Bid $3,998.00 $4,685.00 $5,233.00 On motion of Councilman Carlberg, seconded by Councilman Melstrom the bids were referred to the Police Chief and the City Attorney for study and recommendation,. • • 2 • (November 18, 1969 - continued) • UNFINISHED BUSINESS(out of order) This was the day and time set for a hearing on Local Improvement No. 91 (Fairmeadows #1 and #2) The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and mailed to the property owners, and the Clerk informed the Council that the notice for hearing was published on November 3, and November 10, 1969 in the Stillwater Evening Gazette, the official newspaper of the City. and mailed to the property owners on November 3, 1969. The Mayor then opened the hearing. Bob McGarry 2315 Oakridge Road I have a three part statement. First of all as a spokesman for a majority of the residents on Oakridge Road, the residents did not petition for the improvement of Oakridge Road where the residents did on the others. However, we are in favor of a progressive City and the street should be put in. We would like you to give some consideration to part two of my statement. We feel that the estimated cost that you have in the engineer's report for $13.20 per foot is high. We feel at this time of increased costs this is really too much of a burden to put on property owners. We would like to have some reconsideration of your stand on this because we feel that $13.20 a front foot is too high whereas in the past it has been a maximum of $8.50 per front foot. Mayor Powell: The maximum for State Aid Streets was set at $7.50. This was on State Aid Streets only. This is a revolving fund. At that time this was the maximum for doing streets. Mr. McGarry: We would likr some consideration. We agree that these streets will ultimately have to be put in. We feel that this street was put in as an enhance- ment to the Fairmeadows addition. I don't feel that it is fair to assess the storm sewer to the property owners. We feel that we are not against streets but we would like some consideration to this cast of $13.20 per front foot. We do not feel that we should be assessed for this storm sewer area. Basically this is our feeling and this is our statement. Councilman Lammers: It might be beneficial if Mr. Elliott would give us some back- ground information on this proposed improvement. (Mr. Elliott explained the improvements in this area through the use of a a map on a screen.) Mr. McGarry: What would you have done three years ago before Fairmeadows No. 3 was projected? Mr. Elliott: We would have just put in a storm sewer to the pipe. If we had to go back in this old development, I would like to have seen a greater amount of storm sewer. There is a pipe in Fairmeadows Road. Mr. McGarry: For years the street has taken the free flow of water which has run into the pond. Now that Fairmeadows No. 3 has been developed you are going to drain it this way. Mr. Elliott: Storm sewer are one of the most difficult ones to sell. It is a drainage district problem and borne within that district. I think the way it has turn out it is more equitable. Mr. Elliott: I would not recommend a street improvement without adequate drainage. Bituminous breaks up with a lack of drainage. This is just one block of storm sewer for this area. The cost is $4,500.00 for the one block. The people in the dotted line area will be assessed for this storm sewer. This Council has not determined a firm policy on storm sewer assessment basis. If a unit basis is used then each lot would be assessed equally. When there is a change of policy, some other things might happen. A year ago storm sewers were not assessed. • • (November 18, 1969 - continued) • • Jack Delahunt 2116 Fairmeadows Road I was told it would be $16.00 for both sides of the street, and each individual home owner would be $8.00. I would like to know how this price has gone from $16.00 to $26.00. Mr. Elliott: I do recall your calling me. The change of policy may have changed since you talked to me. Mayor Powell: I think both the assessment and the storm sewer were discussed at the time the budget was being considered for 1970 and because of the difficulty of preparing a budget, we felt it would be a -.necessity to take action to do this. Councilman Lammers: Granted this is a new change of policy. As the Mayor indicated', I thought for this particular project we were talking about 100%. in any event even: if we didn't change the policy. Mr. Elliott: The improvement does not include an over -design in the street. If we can reduce the cost by doing it with other projects, we will do so. Secondary construction costs will be higher next year. Mr. Delahunt: I was told if those roads were assessed, it would be considered in this instance and should be allowed the 75 - 25 percent split. I just want to set the records straight. Mr. McGarry: This is the big point in question - is it possible to have this come out of the Permanent Improvement Fund. I just think that it is a shame to have an area like this that needs these streets that you now change the policy and it does create a hardship. When you figure it out on an 80 foot lot, it is in theneighbor-t- hood of $1,400.00. I realize we have to have streets. whether you will change your policy to give us the 25% break is our question. Why a certain handfull of people have to pay for the storm sewer drainage. I realize that storm sewer are a problems. Is this over and above the other assessments? Mr. Elliott: Yes. On a unit basis it would be $225.00 per lot. That is over and above the'assessment for the street. Mr. Kimmel: I am strongly in favor of this 100% assessment. However, you look at a street map of our City you will realize that those that have been improved are in the inority and a great mamjority of them come out of the State Aid and not the Permanent Improvement Fund. If the City is going to improve the streets, we are virtually compelled to finance these improvements. Somebody got a street cheapest than you are getting your street. The more streets we do out of the Permanent Improvement Fund the harder it is going to be to cut it off. 75% of the streets in the City are in need of matting or rebuilding. Mr. McGarry: A lot of these were built and are in need of rebuilding. Dale Mattison 2114 Oakridge Road I live on the second lot in from County Road No. 5 and when I bought that toad was not originally in the City limits. Included in the price was the cost of the streett. In four years they put in storm sewer and sanitary sewer and I paid for the street., I am paying for that street three times. I think that is absolutely ridiculous. The engineer stated that you shouldn't put in a new street until you had proper stooxm sewer facilities. Those five lots on the East already have it and we have an adegvuate street. Mr. Elliott: You are not included in the storm sewer. Mr. Mattison: They have put blacktop on it twice. That was put on by the County and we paid for it. Mr. Kimmel: If you paid for it, then the County did not do it. Mr. Mattison: Somebody came in and tore it up. Mayor Powell: Then you were assessed for the stub -in for water and sewer which ware about $1.42 per running foot. 4 (November 18, 1969 - continued) • • Mr. Mattison: I paid somewhere around four to five hundred dollars. Mayor Powell: The County wouldn't put the street in without an assessment. The Council felt this was unfair and assessed $1.42 per lineal foot. Mr. Mattison: They are back now and doing it again. That is three times I paid for this. I would like to ask another question - what is the width of Oakridge Road? Mr. Elliott: It is a 32 foot from gutter to gutter, with a drive over type curb, and no special treatment of curb returns at the driveways. That is the type of curb used by the highway department on cloverleafs. It is a seven ton axel street with six inches of gravel and two inches bituminous. Entrance from County Road 5 we modified this down to 32 feet in width which is adequate for an area like this. This provides for two driving lanes and one parking lane. The width proposed is commonly used in North St. Paul and Roseville. I feel it is a satis- factory minimum width and which I expect to get in front of my home. Mr. Mattison: Is this going to be the eture policy to enlarge all the streets to this width? Mayor Powell: I do think I can give you that answer. In the case of a new sub- division there is a definite width. Mr. Mattison: We are not in a new sub -division. Mayor Powell: Oakridge Road might go farther West, then it would have to be to follow the ordinance. You say it should be littlier here and widen out. Mr. Mattison: This is going to present another problem. You are going to have Oakridge Road as a main street and all of the traffic is going to wind up out Oakridge Road and we are going to get stuck again to put blacktop matting on it. We are going to carry the brunt of the traffic going into the Fairmeadows Addition. Mt. Elliott: I think that the thing that has to be done is an alternate through the property from the South. I would still recommend that the road be posted for seven ton axel road. This is designed to carry seven ton under the worst conditions in the spring. A seven ton axel road will carry a nine ton axel load. This is designed to carry 1,000 trips of passenger vehicles per day. Mt. Mattison: A lot of these streets that carry this type of traffic are State Aid roads. Mr. Elliott: That is speculation. Ron Peterson 412 Hanson Place Has this been approved? Mayor Powell: The purpose of a hearing is to hear those in favor or opposition. When everyone has been heard, it is up to the Council to determine what action they wish to take. Mr. Peterson: $26.00 per foot - if the Council decides what streets are to be fixed, does it come up to the vote of the citizens involved or just the Council? Mayor Powell: The people that generally are at a hearing are generally opposed. The people who are not in opposition generally do not show up. When all is taken into consideration, this is generally the case. Ron Peterson: There is no point in Fairmeadows Addition to have fine roads in the one area and not others. Mr. Mattison: When you went from this 75 - 25 percent to 100% was there any other method considered rather than go all the way from 75 up to 100%. Say 5% every year until it gets up to 100%. Why not have a gradual approach on it. Those people that want it will get in there. • • (November 18, 1969 - continued) • Mayor Powell: You have another good suggestion. The reason that we made any change at all, was the simple fact that our budget did not stretch. Everything goes up except Stillwater's valuation. Everything goes up except the tax base. we have given thoughts to other means of assessing -- to have a special levy to take care of the streets. After discussing it at quite a length, this method of assessment would be determined by the value of your home. If you had a more expensive home, then your assessment would be greater. Therefore, we felt that this was the fairest way to go. Richard Ginaaestad 409 Laurie Lane I am here in favor of the project. I would like to see it done as cheaply as possible. Whether the Council decides to do all the streets at 100%, this street would be done at 100%. Councilman Lammers: I would hope that this improvement would go in as it is a necessary improvement. It is this Council's desire to get good streets as they arcs in deplorable condition. We can't afford to do it by paying 25% of the cost. Thee particular situation in this proposed improvement as Mr. McGarry indicated most areas in the City have streets. Here we are talking about a whole new street. It: is unfortunate that this particular plat was approved very shortly before the adoption of the sub -division ordinance. The particular sub -divider would have necessarily had to share the cost of this street and the improvements. I do think: that there is some consideration needed. This problem is somewhat unique - most of the other streets are not new streets. Mr. Gimmestad: When was this sub -division ordinance put into effect? Councilman Leasers: In 1963. Mr. Gimmestads When was Fairmeadows Road admitted to the City? Mr. Kimmel: I have been here since 1956. These streets have been within the. City' since about 1960. Mayor Powell: Because it was platted and admitted before that, the sub -division ordinance didn't cover that. Anything platted now the streets have to be put in. In moat cases people are generally in opposition. Some people do come down and express their desire to see the work done. Mr. McGarry: We know it is a problem. They do want the improvement. We decided to have r few come here and talk to you. Nobody has said that we don't want the street. We want reconsideration on this since it is a whole platted area that never has had streets. We want the street and we want a nice progressive area. W.e are here for a change in your policy. Councilman Lammers: I do feel th-.: this warrants some further discussion. Before, we do that first of all in regard to Mr. Mattison's comments on the use of Oakridg.ie' Road, this was discussed with the problems on Fairmeadowe Road in the area with the possibility we are going to demand of the sub -divider to develop Interlachen Drive. I understand that very possibly this project will be done with other proje•,rts. Mr. Elliott: There are other projects on which we have not completed preliminary reports. I recommend that this be done also and this will reduce the cost. Mr. Mattison: I address this question to Mr. Kimmel - what guarantee do you have that this will be done (the putting in of Interlachen Drive)? Mayor Powell: They don't get building permits if they don't do this. We will do what we feel is correct. This Council, as any other Council will, if they are sloe,. you hold up on the building permits. There are always two senior members on the Council at all times. Councilman Lammers: Was this particular question in the agreement? Mr. Kimmel: It is the discretion of the Council. Mr. Mattison thinks that the Council at that time might not feel the same way. Councilman Lammers: This is not an assessment hearing but an improvement hearing. 6 e (November 18, 1969 - continued) • • Councilman Carlberg: I think when we had planned to assess this 100% last summer when we had petitions for Lake Drive and Pine Tree Trail, we had decided at this time these would be assessed 100% and we decided any other streets that had not been in before, basically they would be assessed 100%. Since then we have decided to assess 100%. Mr. Kimmel: Basically the people in Fairmeadows No. 3 will pay the cost of the streets as it will be passed on by the developers - that is when they started talking about 100%. Mayor Powell: Perhaps the council should think about this for sometime and in a day or two or three have another meeting. We are still i.n the process of negotia- ting with the departments. I think they should have a reasonable time to think about it. We could spend sometime in discussing this. I think we have heard some good points from the people that were here tonite. We could continue this for sometime. Mr. Bremer: I would like to have a cost estimate broken down. Mayor Powell: We have it broken down. You do not get assessed the full on both sides. Mr. Elliott: You are assessed 35% of the long side on corner lots. Mayor Powell: We have tried to reduce this cost. You have to take everything into consideration. We will try to be fair. We will have to do what will be the best for the long haul. We will give this consideration. We will notify you when this is done. Mr. Gimmestad: Would this be one of the first proje.ts done next summer? Mr. Elliott: Normally in specifications we set up priorities. Also in the recommendation on street assessment policies persons living on State Aid streets should be assessed equal to the average residential assessments. We are relating an inequity because some of the old streets will cost more to take out and rebuild than building a new street. Mayor Powell: We will close the hearing and we will discuss it very soon. (The Mayor declared a recess from 8:35 to 8:45 P. M.) DELEGATIONS OR INDIVIDUALS (out of order) David Hebert for Delmar Pauby(Arlington Apartments) Mr. Pauley would like permission of the Council to improve a street at West Chestnut Street. It is West of the intersection with Third Street. He would like to improve part of the City lot. The improvement would be fixing up the street with crushed rock, remove some of the brush, cut down a tree and he would like to level out a pile of dirt on the City lot. This would then provide parking for residents of the Arlington Apartments which is being done now. Mr. Shelton has viewed the premises in question. Mayor Powell: Jack, does the Chestnut Street stairway is that in the area platted for a street? Mr. Shelton: Yes, it is very close to the center of the street. Mayor Powell: The driveway is to the North. The driveway is still in the street. Mr. Shelton: Yes, it is a fifty foot road in there. Councilman Lammers: The area is all within the platted street. Mr. Hebert: Part of it would be on the fifty foot roadway. Councilman Lammers: Would this road he involved in the parking area? Mr. Hebert: The cars presently park on the street would be parked there. • (November 18, 1969 - continued) Councilman Lammers: Would it involve the terain? Mr. Hebert: He had maintained it over a period of time. Mayor Powell: I would never see a street going in there and going up that street. Would it be any advantage to the City to vacate that street and the City maintain the sidewalk and the steps and not be concerned with the rest of the property. Would there be an advantage to that. Mr. Shelton: This is one of the things that we propose. Some of these would be abandoned and be put back on the tax rolls. It would be impossible to build a street in the foreseeable future. We have shown these streets on the map for improvements. This would be proposed at that time. Mayor Powell: If that street would be vacated there, I would not like to have the sidewalk and steps removed. The property which belonged to the City was not very well kept. You can't blame Mr. Pauley for taking care of this. Mt. Shelton: This will -greatly benefit the area. One tree is growing in the streeet right-of-way. What he proposes would not hurt this area - it would be a great impmmve- nent to the area. We have calls to trim these trees. Mayor Powell: If this were done would the City be liable for anything or if it weme vacated except for the easement for the sidewalk and steps? Mr. Kimmel: It would seem from Mr. Pauley's point of view this would be better. (have the street vacated). Mr. Hebert: I think he would like to proceed that way. Mr. Kimmel: I suppose that we are partially liable for anything occurring on a public street. Councilman Wohlers: With crushed rock you wouldn't get a wash out? Mr. Pauley: Mr. Moelter has been consulted and he states that crushed rock would be better than blacktop in this area. Councilman Wohlers: Some of the problems we have had in another area was from crushed rock in the sewers. Councilman Lammers: I would move that we grant Mr. Pauley's request and allow him to make the proposed -improvements and refer to Mr. Elliott and Mr. Shelton and take the proposed vacation action. Mr. Hebert: I would draw up some kind of listing of what he proposes to do. Councilman Lammers: Should this be something that we do? Mayor Powell: If he makes a request that is granted he should have something in writing and we have something in writing with some type of agreement. Councilman Lammers: I would include in my nation an agreement be prepared by the two attorneys. Councilman Wohlers seconded the motion. (all in favor). APPLICATIONS On motion of Councilman Carlberg, seconded by councilman Wohlers the following 'Off Sale Liquor Licenses" were approved, subject to the approval of the Liquor Control Commissioner: Hugh J. Andersen (Mulberry Point Development Corporation) 231 East Myrtle Street, Stillwater, Minnesota Noel F. Breault (The Cafe) 106 South Main Street, Stillwater, Minnesota (November 18, 1969-continued) • • John L. Hinz (J. L. H.. Inc.) 302 South Main Street, Stillwater, Minnesota William C. Kinsel (Kinsel Liquor) Minnesota 118 East chestnut Street, Stillwater, Richard D. Eleven 226 South Main Street, Stillwater, Minnesota Merl K. Meister 112 North Main Street, Stillwater, Minnesota Donald F. Mosiman & Glen R. Karloske (Pla Mor) 317 South Main Street, Stillwater, Minnesota Bonds in the amount of $1,000.00 each were also approved. (all in favor) On motion of Councilman Wohlers, seconded by Councilman Melstrom the following "On sale Club Licenses" were approved, subject to the approval of the Liquor control Commissioner: American Legion Post No. 48 103 South Third Street, Stillwater, Minnesota Fraternal order of Eagles Aerie 94 227 South Main Street, Stillwater, Minnesota Greeder-Hinds -Comfort Post 323 V. F. W. 124 North Main Street, Stillwater, Minnesota Stillwater Country Club North Second Street, Stillwater, Minnesota Stillwater Lodge No. 179, 8. P. O. Elks 110 South Main Street, Stillwater, Minnesota Bonds in the amount of $3,000.00 each were also approved. (all in favor). 2 f On motion of Councilman Melstrom, seconded by Co2nccilman Wo lrsWest Myr. leSar3a .2, Ofi Sale"r. ale" Beer License was granted to the Del Farm Store, (renewal). From Jack Felix, 413 South Greeley Street, Stillwater for an "Off Sale" 3.2 Beer License. (First reading - carry over to next meeting). On motion of Councilman Wohlers, seconded by Councilman Carlberg an operator's license and one music machine license was granted to Leonard A. Anderson, 527 Wisconsin Street, Hudson, Wisconsin. (renewal). On motion of Councilman Melstrom, seconded by Councilman Lammers an operator's license and five amusement nine etl(regranted to George Wohlers709West MyrtleStre,, Stillwater. (renewal). COMMUNICATIONS From Robert Haines in regard to tree removal. (copies mailed to the Mayor and Councilmen). The Mayor inst..ucted Mr. Shelton when he has work of this nature to be done that he contact the local tree removal and get an estimate to remove a tree and also one from Mr. Haines. 1 • • • (November 18, 1969 - continued) From the State of Minnesota Pollution Control Agency approving sanitary sewer extensions - Local Improvements 78-79-80-84-85-86 and 87-1969. (Copies mailed to the Council 11-3-69 -- no action). From Mr. William O'Brien, Acting Secretary of the Stillwater Recreation Commission in regard to Lily Lake Improvement Project. (Copies mailed to Councilmen 11-14-6974. Mayor Powell: I note that they have Richard Blekum, Peter Popovich, Hedge Underhill. William Herzog, Howe Jiran, Jack Dielentheis, Dale Brookman, Dick Herbert at this meeting. Dick, is that in regard to a skating rink? Mr. Blekum: I don't know exactly why the meeting was called. I gather it was to consider this improvement. Mayor Powell: Did the original proposal for this area include the indoor rink:? Mr. Blekum: It did not:but it does now. Mayor Powell: At one time I was in attendance at a meeting in regard to an indoor hockey rink and many of these same people were there and they wanted toe do it even if it was done on revenue bonds. Councilman Lammers: Didn't we instruct Duane to do some engineering regard- ing this? Duane Elliott: Mr. Blekum and I spent about two hours this afternoon on the Lily Lake Area with an outside rink. We have not made those estimates and before proceeding on this - this is not a one day project. This involves field surveys of the area. I do think there is a possibility of getting State Funds on this project. I will check out what presentations are necessar•_y to the State. We do not design indoor rinks and we do have to rely on some others for this information. In a preliminary wwv you will know what we are talking about for a revenue bond consideration. Mr. Blekum: Basically this is how the arena came into the picture. Mayor Powell: How did they know that the Stillwater Recreation Committee was meeting? Mr. Blekum: They were invited to come and go over the entire program. Councilman Melstrom: Wasn't this suggested by the Recreation Commission? Mr. Blekum: There is getting to be quite a demand for the use of an arena. We could possibly bring in enough revenue to finance it. Mayor Powell: Mr. Brower didn't you end I disuss this after I attended the meeting. There was a figure of three quarter of a million for an enclosed area of this type. We then went into how other communities did it and found it was quite marginal. Because of that and because of the need for different types of improvements it was dropped. For a revenue fund you would have to have so much pledged. Mr. Blekum: Most of the other ones have been done on revenue bonds. The types of construction is the same as down at St. Mary's Point. Councilman Carlberg: I am in favor of looking into it. Mr. Blekum: The consensus of this meeting was to get looking at the whole layout. Mayor Powell: We contacted Mr. Springsted and he came back with this report which more or less substantiated what I said. However, the picture may have changed completely now. Mr. Blekum: You would have to talk to these men. The original project was for an outdoor rink. Councilman Lammers: Shouldn't we let Mr. Elliott proceed with his survey? 10 (November 18, 1969 - continued) • Mr. Blekum: An arena or nn arena, we have to improve the area. Mayor Powell: We did discuss the Lily Lake site for an indoor type of area and at that time the area was not big enough. There were a lot of things that came up and it was found rather impracticable. If the Council feels that it should be investigated we can do that. (Mr. Elliott showed the map of the Lily Lake area to the Council and explained the proposed improvement as made out by the Recreation Commission and Mr. Blekum.) Councilman Carlberg: I move that we direct the consulting engineer to prepare a topographic map of the Lily Lake recreation area. Councilman Wohlers seconded the motion. (all in favor). From the Recreation Commission the recommendation of the appointment of Jack Dielentheis to the commission to replace Gordon Smith who has announced his resignation as of November 1, 1969. On motion of Councilman Melstrom, seconded by Councilman Lammers the appointment of Jack Dielentheis to the Recreation Commission to replace Gordon Smith as recommended by the Recreation Commission and Mayor Powell was approved. DELEGATIONS OR INDIVIDUALS Mr. Duane E. Arndt, Secretary of the Stillwater Jaycees appeared before the Council regarding vehicular traffic in the City of Stillwater and right-of-way designations. He stated that the Jaycees passed a resolution that the secretary would appear before the Council to ask the City Council to proceed to consult with the appropriate City officials to re-evaluate the traffic in the City of Stillwater. He made mention of intersection accidents in Stillwater which would have resulted in fatalities. He brought out the fact that a considerable number of people possibly even some from Stillwater consider certain streets as through streets and they are not so designated. He urged that the Council would under- take such a program for the City of Stillwater. He stated that there is a con- siderable amount of high speed especially on Greeley Street, Churchill Street and Third Street and that the Council had taken care of the problem on Third Street, and that the Council had taken care of the problem on Third Street. They also considered the possibility of more enforcement but stated that man -power was a problem here. He urged that the Council look into this and to do what can be done, and realized that it might take a considerable amount of time. Mayor Powell stated that at one time the City Engineer did give the Council a list of possible stop signs that Might be put up and that the Council did take a pretty good look at it. He indicated that the Council could ask the Police Department and the Street Department to go through this and come up with what they feel could be done to correct the situation. Mr. Arndt indicated that he realized that street signs and all this type of control will not do it. The Police Chief indicated that he would like to meet with the Junior Chamber and coma up with whatever they found and then present it to the Council. He stated that about 65% of the accidents are in the downtown area - Third Street down to the bridge. He indicated that probably Churchill Street would be the only street that he would say needed stop signs for the streets coming on to Churchill. Mayor Powell: I would hope that the Junior Chamber would invite the chief to the next meeting and this might be the easiest way to do it. Police Chief: As far as speed is concerned we have had very few accidents on this street. we had one on Olive Street and this was a stop sign violation and not steed. We are not able to put stop signs on State Aid streets or speed limits. On Fourth Street we had a problem with the Highway Department. • • • (November 18, 1969 - continued) John Condon Planning Commission Mr. Condon indicated that most of the cases presented at their meeting on November 17th were tabled because the people did not appear. The Commission is going to prepare a printed list of instructions for applicants to use in the future. Case No. 66 - Clifford Akey, 1302 North Second Street for a variance to add a car -port to the front of his garage was postponed until Mr. Akey can come before the commission. Case No. 67 - Outreach - the commission requested that Mr. Condon get an opinion from the City Attorney as to whether, under the existing law in the State of Minnesota, this Commission can grant a special use permit as requested in the original request and the procedure for the issuance of same under the current Zoning ordinances. (Special meeting on this and a report will come to the Council before December 9th). Case No. 70 - Harvey Moelter request for a two feet four inches for rear yard variance. This was approved by the Planning Commission.. Case No. 68 - Donald and Marianne Nolde for a variance of 18.75 feet off of Oakes Street (side yard variance). This was tabled until such a time as Mr. Nolde appears before the Commission. Case No. 69 - Don Roettger - this was continued until such a time as Mr. Roettger appears in person to prove his case and to say exactly what he intends to do with the lots in terms of size of the house and exactly the nature of the house that he wants to move in. On motion of Councilman Carlberg, seconded by Councilman Melstrom that the variance be granted to Harvey Moelter for the two feet four inch rear yard variance and that the variance hearing be waived in this instance since there are not substantial property rights involved. Mr. Condon reported that the Commission is still working with Mr. Gerald Metz and are going to continue to work with him on this plan and study at each meeting. PETITIONS None CITY ADMINISTRATOR'S REPORT h/ 1. The City Administrator requested that the City Attorney present some facts in reference to the sale of a part of the Ritzer Property. The City Attorney explained that there is a problem regarding the two descriptions on this quarter section where in one place there is an overlap and in another area there is a part left out. This has not effect on the land that we are selling. Mr. Kimmel requested permission to change our description to correspond with the piece that has been conveyed out subject to a fifty foot easement. On motion of Councilman Wohlers, seconded by Councilman Lammers that we allow the City Attorney to make the change in the necessary changes in the land description of the City owned property known as the old Ritzer property. CONSULTING CITY ENGINEER'S REPORT Mr. Duane Elliott presented the second and final estimate from Krueger Constructions Co. for the Retaining Wall Restoration at 114 East Linden Street, in the amount of $1,272.00. On motion of Councilman Melstrom, seconded by Councilman Carlberg a resolution was introduced accepting the work of the Krueger Construction ma Co. for the Restoration of the Retaining Wall at 114 East Linden Street and making the final payment. (see resolutions). • • • 12 (November 18, 1969 - continued) • e ing on tate Aid ets nd thatEheland Mr. Shelton should attend montFriday, SNovember 21,e 1969awith r Traffic the Minnesota Highway Department. Mayor Powell directed that Mr. Elliott and Mr. Shelton should attend this meeting. vgn anc1NESS Wor On motion of Councilman Car1b irg, sey ndedcbbyNCouncil0an Wohlers the Workmen's Compensation and Employer's Agricultural Insurance Company through its agent McGarry -Kearney Agency was approved. (see resolutions). On motion of Councilman Melstrom, seconded by Councilman Lammers a resolution was introduced authorizing the sale of an Air Compressor to the Board of Water Commissioners for a price of 62,800.00. (see resolutions). The Council was requested to make a decision in regard to paying past of the cost of improving Hazel and Orleans Streets. This work was done by the Village of Oak Park Heights and a statement mailed to the City of Stillwater sometime ago. Mayor Powell: Actually this never did come before the Council. Mr. Shelton: That is very true. Mayor Powell: Any arrangments were verbal between Mr. Ehlinger and Mr. Johnson. Mr. Shelton: Actually they stated that Oak Park Height's engineer No moneydhasnbetoencset asides in thetHazel budget foreet thiss.s in Mr. he Johnson right-of-way. ome up Johnson substantiates this. Mayor Powell: For many years we maintained all of Orleans Street. when it should have been a 50/50 proposition. Councilman wohlers: Mr. Johnson said the same thing to me. Ytr. Shelton: There is no concrete agreement between the City of Stillwater and Oak Park Heights. Mayor Powell: In order that the Administrator's office has definitefifty on this, I would recommend that a motion be made to pay percent of it and if it . . • e have e Fund. TheeyLama e cont nuedneffcrtss fortMr.iEhlingeropay to bring thishupGeneral etothe Council but this never was done. I would think if we had something about these comments made to Councilman Wohlers and Mr. Shelton. Oak Park Heights just went ahead and did not approach the City of Stillwater. Councilman Wohlers: He didn't get the cooperation from Mr. Ehlinger. Mayor Powell: The normal procedure would bletter rssenteent tostheetMayor and Council on this. The way that this apparently official way of doing it. Mr. Shelton: Mr. Brower's secretary sent through all the council minutes and found nothing. I went through all of the correspondence he had down- ing o any street work bothrrecordsothereoislnothing ng tthat tcould be found that nthis was his ebrought s. m before the Council. • • • • • (November 18, 1969 - continued) Mayor Powell: We are aware that it was not brought before the Council and the engineer cannot enter into an agreement without Council action. I think the Administrator's office or our attorney should be instructed to write a letter. It should come from the Administrator's office upon direction of the Council stating these facts that have bean brought out and they are aware of our position. Mr. Shelton: Use what I have given in the metro and that any future matters of this kind should be brought to the attention of the Council and be directed to them. Councilman Carlberg: I move that the Superintendent of Public Works, the City Attorney and the City Administrator get together and write a letter to the Oak Park Heights Village Council stating our position. Councilman Melstrom seconded the motion. (all in favor). The Administrator received four proposals for snow removal. These proposals were mailed to the Mayor and Councilmen on November 3, 1969. Mayor Powell directed that these people be informed that there was some variance in the proposals and that anyone wishing to enter into a contract with the City of Stillwater would have to adhere to the lowest bid. On March 18, 1969 the Council received a letter from the Stillwater Police Associ- ation requesting that the City Council establish a Police Civil Service Commission for the City of Stillwater. On May 9, 1969 the City Attorney was requested to prepare an Ordinance adopting the provisions of the State Law relating to a Police Civil Service Commission for the police and firemen. On October 20, 1969 a letter was received from the Stillwater police Association reminding the Council of the request for a Police Civil Service Commission and in- quired why the Association has not heard of the Counoil's decision concerning this matter. On October 22, 19E9 the City Administrator advised the police Association that this matter would be brought to the Council's attention at the next regular meeting of the Council. Mayor Powell: Civil Service Commissions remove the hiring and firing from the chief and the council and I feel personally that this is not a particular advantage to the Police Department. Other than that there is no advantage of it. Maybe the two of you (the chief and the city attorney) could discuss this with them and point out the disadvantages Of this. When it comes to In this hiring gand firing it is done by people that are independent of the City. particular case I would prefer to have a motion to that effect. Councilman Melstrom, I would move that the Police Chief and the City Attorney be instructed to meet with the Police Association and explain the disadvantages of the Civil Service Commission. Councilman Wohlers seconded the motion. (all in favor). AWARD THE BID FOR THE POLICE CAR -- Police Chief Abrahamson recommended that we accept the low bid of the Erickson Motor Co., Stillwater for the two new police cars at a net price of $3,998.00. On motion of Councilman Carlberg, seconded by Councilman Melstrom the Council accepted the recommendation of the Police chief to award the contract for the two police cars to Erickson Motor Co. at a price of $3,998.00. (see resolutions). NEW BUSINESS On motion of Councilman Carlberg, seconded by Councilman Melstrom the Building Inspector's Report for October, 1969 was approved and ordered filed. • 13 • • (November 18, 1969 - continued) • • On motion of Councilman Carlberg, seconded by Councilman Wohlers the Clerk - Treasurer's Report for ten months ending October 31, 1969 was approved and ordered filed. There were several applications on the agenda which were in the hands of the Planning and Zoning Commission but these were taken care of under delegations or individuals. on motion of Councilman Lammers, seconded by Councilman Wohlers the City Administrator was directed to advertise for bids for fuel oil for the 1970 heating season with said bids to be returnable on December 16, 1969 at 7:30 P. M. On motion of Councilman Melstrom, seconded by Councilman Wohlers a resolution was introduced to engage George Anderson to audit the books for the year 1969. (see resolutions). The City Administrator had received inquiries as to whether or not the City would be interested in selling lots owned by the City in Oak Park Heights. (Lots 7, 9, 11, Block 6 Beach's Addition to Oak Park). Mayor Powell: I suggest that this be handled through the legal department. You can check into what assessments we have paid to the Village of Oak Park Heights and make a recommendation to the Council. Councilman Lammers: I have the background information and we can work together on this. Councilman Carlberg: I move that Councilman Lammers and our attorney, Mr. Kimmel work out sone type of proposal for the Council to consider. Councilman Melstrom seconded the motion. (all in favor). Mayor Powell brought up the matter of the fee charged for dance permits which is now only $1.00 which does not cover the cost of making out the license and the mailing costs involved. He suggested that the Council direct the Attorney to amend that ordinance to increase this fee to $5.00 per permit or license. Police Chief Abrahamson suggested that dance permits for the year would only be issued for people in the City of Stillwater and not to any outsiders. APPROVAL OF MINUTES On motion of Councilman Melstrom, seconded by Councilman Carlberg minutes of the following meetings were approved: September 9, 1969 September 16, 1969 September 22, 1969 October 2, 1969 October 7, 1969 October 9, 1969 ORDINANCES None Regular Meeting Regular Meeting Special Meeting Special Meeting Regular Meeting Special Meeting • 7:30 P. M. 7:30 P. M. 3:15 P. M. 8:00 P. M. 7:30 P. M. 8:00 P. M. • • (November 18, 1969 - continued) 15 • • RESOLIn'IONs The following resolutions were read and were on roll call unanimously adopted: 1. Payment of the Bills. 2. Resolution requesting examination of accounts and affairs. (George Anderson) *3. Sale of Air Compressor to the Board of Water Commissioners. 4. Award Contract for Police Cars (Erickson Motor Co.) 5. Accepting Policy for insurance - Workmen's Compensation and Employers' Liability. 6. Accepting Work and Making Final Payment to Tower Asphalt Co., for Local Improvement No. 83. nt o 7 Work and the RetainingFinal Wallaat114tu EastLinden Street.eger Co. for * Attorney did not prepare in time for publication - repassed 12-9-69 ADJOURNMENT On motion of Councilman Carlberg, seconded by Councilman Wohlers the meeting adjourned at 10:27 P. M. Attest: City Clerk Mayor 16 • • FIRE DEPARTMENT Stillwater, Minnesota November 19, 1969 4:00 P. M. SPECIAL MEETING The meeting was called to order by President Powell. Present: Councilmen Lammers, Melstrom, Wohlers and President Powell Absent: Councilman Carlberg Also Present: City Administrator, Brower: Assistant to the City Administrator, Loland; Firemen's Asso - ation--Paul Williams and John Clarey Mayor Powell: You gentlemen are familiar with the settlement we made with the Police. The vacation changes were opposed to as if it is good for one depart- ment we would have to make the change for all departments and this was not figured into the budget. Perhaps we should go through this contract. The contract was reviewed at this time. Articles I through Article VIII - no charges. Article IX - Extra Compensation Mayor Powell: The Police Department Chief was instructed if overtime was to be paid there would be a very minimum of overtime for vacations and sick leave. We would like to have drills arranged so that it could be done during working days. In making out our budget we have got it down to an unknown thing like overtime we could be in trouble. Paul Williams: Could this overtime come out of the over-all fire depart- ment budget? Mayor Powell: The wages were figured last and frankly we cut quite a bit. Some $13,000.00 is for increased wages. When we projected what the police asked for, we projected it to the Police Department, the Fire Department and the Street Department and also projected to the wages of the people that are not covered by a union or association. You have to be fair. When this was all done, we would go considerably beyond our budget. If everything goes well there won't be a deficit. It was felt that in offering this money, we could eliminate overtime. Your chief will be instructed to limit overtime. We can get men from the Street Department and Sewer Department and to have the drilling during the day time by taking policemen and others and not bring the men back. Mr. Williams: The basic overtime when you come down to it, is the amount of service performed. The overtime is $3.50 per hour. It is a total of the whole month - all overtime is paid once instead of twice a month. Definitely we have to have this off -duty personnel coming in whether it be volunteer or full-time. It just doesn't work any other way as far as operating. Mayor Powell: We have volunteers that do driving and other jobs. We know that in time these men can be of assistance to you. It is our feeling now that if a man gets call back he has an obligation to see that he does some- thing in that time rather than just sit down and earn his money. Paul Williams: The amount of money being paid for call back in the long run is quite small and I hate to see that cut out. Mayor Powell: Wayne, what is the average overtime for the Fire Department for call-backs? • • • (November 19, 1969 - continued) Wayne did not have this information but Mr. Williams submitted the following figures: January February Williams 6 hours Williams 2 hours Clarey 2 hours Clarey 0 hours Colombo 2 hours Colombo 3 hours Seim 2 hours Schoen 3 hours Sd:oen 0 hours Seim 2 hours March Williams 6 hours Clarey 2 hours Colombo 3 hours Schoen 2 hours Seim 1 hour Mayor Powell: Now many hours of training time per month? Mr. Williams: As we are requesting it, it would be six hours per month. If it would go according to what we would like -- 2nd and 4th Fridays - 9-12. Three hours for three men. Mayor Powell: My feeling is that because the Police Department also had a reason -- able amount of overtime and they voluntarily said there would be no overtime as. far as they were concerned, the chief was instructed to keep it at a minimum. It was also brieflytouchedon that training programs could be done on the job. Mr. Williams: We need to train as a unit so that all five full time men are properly trained in all aspects of fire fighting. It would seem to me that these other men are trained by the on -duty men they would get the training and not :.the on -duty men as such. Be has no training program and all the training John has gotten is what I have given him. The others of the full time men haven'tgotten it either. The only way to get it is to train as a full time team with someone with the full knowledge. The only way this can happen is with a full time training program. -if the chief would do a training program properly. If all four were hers: they could get some training and if he would take charge of the training sessions for the two on -duty men it wouldn't be anything but putting a cap on a hydrant. Mt. Clarey: When we work together and rsul instructs me, as he has for the past years. it is as a pump operator. On the last two weeks we had two hose training sessions and unless you can work it as a team it isn't much good. Mr= Brower: It is only fair that you tell these gentlemen in connection with what you said when the Fire Department was reorganized what kind of training program you had then. Mr. Williams: Very little. Mr. Brower: How many times during the week? Mr. Williams: The training wasn't a training in the department. Mr. Brower: Who conducts it? Mr. Williams: our first year the Public Safety Director had just taken over both department's operations when it comes right down to it, it cut down and degraded t:ha fire service. As far as training goes from the time these five people were hired,. it has never been a basic start from the basic training program. Mr. Brower: You feel that you are not fully trained firemen? Mr. Williams: NO. Mr. Brower: How about John? John Clarey: No. Mayor Powell: I happened to be down on the alley when there was a fire on the top: of the Grand Cafe and a couple of firemen were there and it was a disappointment. They couldn't even put up a ladder. (November 19, 1969 - continued) • • Councilman Wohlers: What do you do during the day? Mr. Williams: Too much house work. Too much janitorial type work. Two men do absolutely everythin We are to take care of cur own bailding. There is nothing wrong with it - you get the proper pride. There are two men to take over all the so-called janitorial type work. Cleaning the apparatus as a normal program and every thing that should happen around a station happens every day, you have enough to keep the men busy. I nave .::aerated a station with 24 men and have them busy the whole eight hours. Mayor Powell: Do you get any benefit from the Explorer Scouts? Is it a benefit? Mr. Williams: Yes. Mayor Powell: At times it appears that they are cluttering up the place. Mr. Clarey: From time to time we crack down on them. Mt. Williams: overall they are definitely an advantage and if nothing else the kid is doing useful things for the City. There have been many times they have given a hand at the station. Mr. Clarey: It would be physically impossible for two men to do it. Mayor Powell: We would have three to integrate from the Street Department. Mr. Williams: There has been very little training in the command over a fire station and the only way to do this properly is as a unit. We are just request- ing this six hours of training per month and it is nothing more than that. Mayor Powell: Rather than dwell on that a little longer, I would like to discuss this with the Council and see what we might do. We will come back and talk to you about it. Mr. Williams: If you feel that is too much money, half of that for at least some training. Mayor Powell: We would like to project it. We are actually that close. Mr. Williams: It would be about $30.00 for one training session. Councilman Lammers: What you said Paul has an unfortunate light on what we talked and thought about. It was a situation that we didn't fully realize. Mr. Clarey: We would like to bring up another point - we were told that there would be no vacations in December and that it was City policy. Maryor Powell: We were not aware of this. Williams: It was an emergency matter last year. Mr. Clarey: We would like to have it included that we can take vacations any month of the year. ram wages we would like to be paid for the extra compensat+pn on the 5th and 20th rather than the end of the month. Mayor Powell: Would this present a problem? Wayne Loland: It is more work. Do you think that it is enough money to be warranted paying part of it rather than once a month? Mr. Williams: It is a minor point but we wish to call it to your attention. Mr. Clarey: If your discuss these other points with the Chief, he would be for it. It would be easier for him to keep track of it. Mayor Powell: We would like to present you basically the same wage package as we presented to the Police Department, which we will also present the sane to the Street Department. The only thing that might affect this, and simply speaking of myself, that the proposal that we do make to you might have some bearing on overtime. • • (November 19, 1969 - continued) Councilman Lammers: I think we would rather wait. I guess for myself, I would hope that this problem would take into consideration overtime. I think there is something to be worked out on the overtime procedure. Initially we are going to come up with the same figure, whether it is figuring it the same and some overtime. Mr. Williams: Are we correct in assuming that if a policeman is coming back he is to get comp time? Mayor Powell: I would suggest that the Council discuss some of these things with the Chief and the Council discuss it further. Councilman Wohlers: Who is the instructorfor the volunteers? Mr. Williams: Vern Andrews and Jack Sherin and I have done some of it myself. Mayor Powell: How is the training program for the volunteers? Mr. Williams: It was played by ear until just recently until they got a proper training program. This has been within the last two months and it is a very partial thing at the best. Councilman Wohlers: Do the auxiliary and regulars work together on this? Mr. Williams: No, strictly volunteers. Mr. Brower: You say all the training is held up by the Chief. Mr. Williams: The training that has been done has been unorganized and improper. The same thing would be done over and over. The basics on most everything is very poor. Some ladder drills should be held. There has been one on dry lines and other lines. We need drills on what type of extinguishers are to be used on what type of fires. There is the same training on the same repetitious things. You can -see the uneasiness of the volunteers. There should be interesting and new programs. Mr.Brower: How many volunteers are there? Mr. Williams: 17 or 18. Mr. Brower: What is required? Mr. Williams: According to the volunteers by-laws they are authorized at least 25. In order to be of proper strength it should be upwards of 30. Mr. Brower: What rank are you? Mr. Williams: Lieutenant. Mr. Brower: Are you the highest rank? Mr. Williams: Of the regulars, yes. Mr. Clarey: We have three captains and you have a lieutenant supposedly telling the captains what to do. Captains should tell the lieutenants what to do. Mr. Williams: On the new categories the Senior Engineer is equal to a Sergeant in the Police Department. Captain used to be lieutenant. We propose that change - that word be changed to "captain". You would put the captain on a level to the volunteers captains. There was an understanding I am sure the five original men after two or three years that there was to be two captains - two officers in the full time ranks. Mayor Powell: The reason the chief says that there is only one is that there is only one qualified. Mr. Williams: These are the changes and this is the only thing except wages. 20 (November 19, 1969 - continued) • s Mayor powell: We met now for a short time and we will get together next Monday the 24th. We would have projections on the amount of money and have a talk with the Chief and explain soap of these things. Mr. Brower: Mr. Williams in my opinion it is improper for you to speak about your superior especially since he is not at this meeting to answer your remarks. and I would suggest to the Council that the Council meet with Chief Cormier and give him an opportunity to explain what has been done in the department in the way of a training program. Mr. Williams: This was the feeling of all five men which we represent they would much rather not have our chief even in on this because of the training. we are trying to force a training program on him. I would hope that you men would go to the Thief and get his side of the story. Mayor Powell: I would like to have a meeting with the Council themselves and would like to talk to the Chief another day for the simple reason that I don't believe in pinning him down. I would like to discuss it with the Council and make any big decisions by discussing some of this and talking to the Chief. councilman Wohlers: Is the Chief capable of setting up a training program? Mayor Powell: I would just as soon that you didn't ask that question. Mr. Williams: If he is going to operate an efficient department, this is one of the first things you have to do. Councilman Lammers: I do strongly feel that we would propose the same type of salary schedule that we offered the policemen, at least part of it would be a satisfactory proposal. Mr. Williams: You will propose the same. Mayor Powell: We were going to follow the same reasoning - no overtime except for sick leave or vacations. It is difficult for you men to get comp time. We have also been told that it doesn't have to have the same pay scale for all departments. I like to keep it the same if possible so that they all belong to the same overall picture. I am also told you work longer hours. We would like to project what this overtime and training program will cost us - determine how much money we have and that will determine how much we can offer you. Mr. Williams: With overtime this would not be the same. Mayor Powell: I would like to discuss this privately with the Council about donating your training time or paying you part of it. Mr. Williams: The 168 total call-back was -- Williams 56 hours Clarey 37 hours Colombo 29 hours Schoen 34 hours Seim 25 hours The total through October 19c9 is - Williams 28 hours Clarey 20 hours Colombo 20 hours Schoen 22 hours Seim 19 hours Mayor Powell: The other training will be in addition to that. Mr. Clarey: i brought out before to get these hours we have to come in four times for each hour. Mayor Powell: I would like to discuss this and get the Council's opinion on training. 4 • (November 19, 1969 - continued) 21 • Mr. Williams: If you could say that we could have this training program alloted, it would be many times the benefits. Mayor Powell: If we give you a decided advantage, we are going to be in trouble next year. Mr. Williams: What is the police training? Mayor Powell: They will have training sessions on their own time. Mr. Williams: Each of our training sessions would cost $31.50 or $63.00 per month for twice. Mr. Clarey: Once a month would help a lot. Mayor Powell: We will meet on Monday at 4:00 P. M. SECONDARY WASTE WATER TREATMENT PLANT Mr. William Banister, Banister Engineer Co. - Mr. Banister read a letter he picked up from the Metro Council regarding the take over of Stillwater's Sewage Disposal plant. (see the letter in the file). The question was raised about the sewer lines within the informed that these are the property of the municipality over. City and the Council was and will not be taken Mr. Banister informed the Council that they are now ready for bids if it so desires. The advertisement is ready as sometime ago. The wage rate determination will expire on bids will have to be in before that date. to go ahead and advertise directed by the Council January 20, 1970 and the Mr. Banister: The decision now is that we have carried this as far as we can. Mayor Powell: I feel we should go ahead with it and costs can go up and the cost will be greater. Mr. Banister: We have prepared advertisement for bids leaving the date and time blank. You can advertise now and it takes a minimum of four weeks. It is too Vte to get the ad in any official publications. The deadline for the Construction Bulletin is 2:00 P. M. on Wednesdays. You couldn't get it published until next week. The official publication is the 29th - December 5, December 12, December 19 and December 26. Mayor Powell: First of all this Council did take action to prepare the plans and specifications for advertising to get it ready for this point but not to beyond that-. Councilman Melstrom: On this we have wage determination rate is that on the established rate now? Mr. Banister: It is the U. S. Department established wage rate. No assurance that these are the wages to be paid. This is the minimum wage. Mayor Powell: Will the sewer commission pay a 100% on this new improvement or will they depreciate it? Mr. Banister: They will depreciate it. Mayor Powell: If it is done now, the saving in cost might exceed the depreciation. Mr. Banister: The formula is that they will pay your replacement cost less depreciation.. The depreciation is 21% per year. At the rate that heavy construc- tion costs have been going up this would be considerable. It went up 3% from June to September. I haven't seen the November figures for the month of October. It is considerable. It is possible that you will make some money with this formula. You don't get it all at once. Councilman Wohlers: How do we absorb this difference? • (November 19, 1969 - continued) • • Councilman Lammers: We have got until next Wednesday to got it to the Construc- tion Bulletin. I feel that we should think it over. I would prefer to do it that way. Mr. Banister: Initially to review this, the Metro Sewer Board took action on this two weeks ago. I didn't get an answer. I called Mr. Daglisch of the Sewer Board. The letter was written but it was not signed by the chairman. I called them after I found out that you were meeting today and they got the letter signed and I just picked it up just before four o'clock. Councilman Lammers: It is a big decision and we would like to think about it. Mayor Powell: If we have to do it, we shouldn't do it by sacrificing a lot of money for the City of Stillwater. Mr. Banister: It will be phased out before the year 2,000. If nutrient was to be accomplished in yotr plant and one through Bayport the recommendation of the Metro Council Sewer Board is to oppose nutrient use here. Part of this cost will come back to you. The meeting adjourned at 5s40 P. M. Mayor Attest: • • 23 • APPEARANCES: CITY OF STILLWATER MEETING OF THE CITY COUNCIL November 24, 1969 SPECIAL MEETING William Powell,Mayor Wayne A. Loland, Assistant City Administrator Harold Kimmel, City Attorney COUNCILMEN: John Carlberg James Lammers Myron Melstrom George Wohlers, Jr. WHEREUPON, the following proceedings of the City Council of the City of Stillwater_, were duly had,commencing at 4:10 o'clock P. M. MAYOR POWELL: The meeting will come to order and it will be noted that all the Councilmen are present with the exception of Councilman Wohlers. This is a special meeting called today to perform one particular thing and I have a prepared statement I wish to read. I wish to present to this Council a proposal for thes consideration. This proposal is in regard to the retirement of Mr. Lester Brower as City Clerk - Administrator. Mr. Brower will reach the retirement age of 65 in March of 1972. If he should continue on until then at his present salary, he would receive approximately $24,000 it wages and $6,000 in severance pay (Severance pay. being 50% of unused sick leave at the time of retirement). Also, if hewere to continue on until March, 1972 his PERA pension would total $337.28 per month. Compare this pension with $259.78 that he would receive if he should retire after March 31, 1970, a difference of $77.50. To avoid duplication of responsibility and to affect a total savings of $12,000 between January 1, 1970 and March 1, 1972 it is my proposal to increase Mr. Brower's salary to ,24,000 per year for 1970, he would then receive $6,000 in wages during the period including January, February and March of 1970. He would also be entitled to $12,000 in severance pay. The total of salary and severance pay would amount to $16,000 as opposed to $30,000 that would be payable to Mr. Brower should he continue until 1972. The total State and Federal income tax on $18,000; $12,000 severance pay and $6,000 salary is $3,713.40 Federal, plus $759.40 State, which is equal to $4,465.80. Mr. Brower feels that to invest his severance pay at 5% he could subsidize his pension of $259.78 by $50.00 per month making a total of $309.78. Mr. Brower has been a faithful employee of Stillwater for the past 25 years. It is my recommendation that this proposal be accepted both on the basis of the savings of $12,000 to the City and that a reasonable and fair pension will be provided for Mr. Brower. I would also like to call your attention to the fact that employees serving 20 continuous years for the City receive free hospitalization. I mention this to you so that you establish in your own mind the total picture. This has been done and is being done for two employees presently. That concludes my proposal. I wish to state, however, that in discussing this with Mr. Kimmel, who is present here this afternoon, Mr. Kimmel has informed me that raising an employee's salary is a perfectly legal thing. I think the statement - my prepare statement explains itself and I would like some Council action either in favor or reflecting this. COUNCILMAN LAMMERS: Well I would hope that George gets here. I think it should be a full Council decision, whatever that decision is and it's - I'm sure it is legal, we could pay Les $100,000, that's our choice and prerogative. I don't think the amount makes any difference. MAYOR POWELL: Perhaps I should say that in discussing this with Mr. Brcwer, and we have discussed this at great length, the reason that Mr. Brower would like to work for three months at the salary of $24,000 a year is simply that the tax situation would allow him about $1,500 for living expenses for three months. If it were - if he were to work for two months he would not be able to have enough to invest, the money he would like. 24 (November 24, 1969 - continued) • • COUNCILMAN MELSTROM: And Les feels that he could live with that? MAYOR POWELL: Yes. This would be about $37.00, I think, less than if he were to remain in the City's employ until 1972. It's about $30.00 difference. He would still be getting $30.00 less and he does not get any Social Security or anything, so this would be his total pension. COUNCILMAN LAMMERS: Well I would have to say, and just very briefly, that I - the proposal strikes me wrong and this is the simplest way of putting it. I just feel that we as a Council would have a hard time justifying this type of salary to the citizens and I think we all appreciate the background and the reasoning behind such a proposal, but I don't think the citizens of Stillwater necessarily would and maybe they shouldn't, I don't know. MAYOR POWELL: I would agree if I knew that this wouldn't be any longer than a three month period. I would definitely agree there. I have to look at the total savings. (At this time a discussion was had off the record when Councilman Wohlers appeared and was briefed.) MAYOR POWELL: It will be noted that the Council is now complete with Mr. Wohlers in attendance. MR. KIMMEL: The one thing you could give him in lieu of some of this other stuff is covering his whole family, that is his wife, on his hospitalization. Now what that means to him I don't know. I don't know what it costs him for the coverage and whether our present program permits this coverage after retirement, but that's something that you might consider. COUNCILMAN LAMMERS: Is there a possibility of setting a precedent by doing that, do you think? MR. KIMMEL: Yah. MAYOR POWELL: I think we should leave the hospitalization the way it is, frankly. it's a good thought, but - and like as we mentioned previously that the fact that we are raising someone's salary to $24,000 seems almost unheard of, but the fact that we are doing that with the knowledge that it will only be for three months, in my mind, justifies the action because he doesn't have to retire he could continue on and then we are talking about a larger figure. COUNCILMAN LAMMERS: I would just say again George, as long as you're here, it's my feeling that we necessarily could not justify this to the people of Still- water, what we are doing and the reasons behind it and they wouldn't understand it and maybe they shouldn't, but I think we as a Council puts us in a very bad light and I think it would also reflect on Les and put him in a bad light with the people and so forth. I just won't - it won't be acceptable. COUNCILMAN WOHLERS: Well what does Lester have to say about this? MAYOR POWELL: Mr. Brower realizes that it would be a loss of income to him. He feels that Mr. Loland is now capable of handling City affairs and that if he should continue on it would be of no advantage to the city and perhaps there could be, in some small way, some friction or something of that type and he would prefer this type of thing even though his total pension would be about $70.CO less than if he waited until he was retirement age. COUNCILMAN WOHLERS: That's the thing that I can't see, why a man working that long should take that loss because it doesn't look like much to you or me right now, but if we were in the same position at $10.00 a month, when you're completely retired and that's your income, it makes a little bit of a difference. MAYOR POWELL: Well you have to understand too - COUNCILMAN WOHLERS: He is banking that he can invest this money that we will give him properly so he can subsidize the difference. • • • (November 24, 1969 - continued) MAYOR POWELL: Right, but we are using a figure that is rather a low figure. 5% today is a low figure. Another thing that you have to realize too that even though there is a $30.00 a month difference there is also a $6,000 gain in capital assets which would offset it over the long period so that actually it does more or less balance itself out so that you can't say that he should make exactly the same as his pension would be at the time he was 65. COUNCILMAN MELSTROM: If we did go along with this, what would happen if in March Les decided that $24,000 looking like a pretty good figure and thought he might want to hang on for awhile - MAYOR POWELL: I don't think that we would even - we should even concern ourselves with that because the pxposal that I am presenting to you today indicated that he would work for three months. I think the fact that that is borne in the record on the books would be reason enough why he would be bound by that. I'm sure that if the Council felt the need that Mr. Brower would tender his resignation March 31, if that were an important part of it. COUNCILMAN CARLBERG: I would like to ask, mainly because I don't understand, if he retired at age 65 his severance pay would be $6,000 and severance pay being 50% of unused sick leave at time of retirement, how do we get this sick leave or the severance pay up from $6,000 to $18,000? MAYOR POWELL: Well you see that's why the salary increase of $12,000 is proposed, because he is entitled to a year's full salary sick leave and severance pay is 50% of that so what we are doing is expediting the - what's the word I want - what we are trying to do is set his severance pay at $12,000 by increasing his salary to $24,000. This gives him some money to invest and then his pay that he would get for the three months he was in would take care of the taxes and his living expenses. COUNCILMAN CARLBERG: I have another question. Are we sure now that - I imagine that it takes a certain length of time to build up this sick leave. MAYOR POWELL: He does have it. He didn't use all of his sick leave up so the next year he got all that back. COUNCILMAN CARLBERG: I'm just trying to make sure that there wouldn't be any -. MAYOR POWELL: I have checked through all of it and I can't find anything that's irregular and I think the fact that we are here having this meeting transcribre4 indicates that we want to do what's right and we want it to be above board. COUNCILMAN CARLBERG: I agree with Jim, that we could get ourselves in kind of an embarrassing situation, although I think also that this proposal is a good proposal and that this would probably be easier for Wayne and for the operation of the City and easier for Les. MAYOR POWELL: That was the reason that I made the proposal and I tell you I would like - because we do have Mr. Banister here I'm going to ask that we vote by roll call when we vote and I think that someone should introduce a motion to accept this - have a motion in the affirmative and then let the Council vote and I think it would be by roll call because in a transcribed meeting I think that everything should be, rather than just by voice. COUNCILMAN CARLBERG: Will this take a resolution anyway? MAYOR POWELL: No. A resolution isn't necessary to establish a pay raise at the be}nning of tle year. it's only when a change is made after the budget. i think that's what - MR. KIMMEL: Apparently. Wayne and I were talking about this this morning. COUNCILMAN CARLBERG: I was thinking maybe on this unusual type of proposal. MR. KIMMEL: Really all you're establishing is salary. • • (November 24, 1969 - continued) • COUNCILMAN MEISTROM: I don't think I'm opposed to the suggestion in the way that Jim or John are because I think we can explain that to the citizens under the conditions and I would move that we accept this if for sure that it's agreeable with Les. If Les doesn't like it I don't like it because I think we are doing him an injustice if he doesn't like it. MAYOR POWELL: Well I can say this. I have discussed this with Mr. Brower andB he feels rather than to take a semi active part that he would rather do it this way because he feels that that way would bedishonest as far as receiving his regular salary and I have to agree with him. I think that this is actually it's the proper way to do it. I also agree with Councilman Lammers that it is a very unusual thing to do and unless a person had the total - all the facts that it could look like it was a badsituation and I think that the minutes are open to anyone that wishes to look at them and that would be the only protection that this Council would have. Doing something like that, raising a salary to such an excessive amount and knowing that it's only for three months I think it's a reason -- able thing, other than that I would be opposed to it. There is a motion, is there a second? COUNCILMAN CARLBERG: Well I will second the motion for basically the same reasons as Myron said. I do feel that it is the best thing for the City. MAYOR POWELL: All right. We will go alphabetically then. No. We will have a show of hands of those who are in favor. COUNCILMEN WHO VOTED IN FAVOR: Mayor Powell Councilman Melstrom Councilman Carlberg COUNCIllMEN OPPOSED: Councilman Lammers Councilman Wohlers MAYOR POWELL: The motion is carried and if there isn't any other business to come before this meeting we can proceed to adjourn. COUNCILMAN LAMMERS: I move we adjourn. MAYOR POWELL: Second. Meeting is adjourned. REPORTER'S CERTIFICATE I, Kirby A. Kennedy, do hereby certify and state that on the 24th day of November, 1969, I recorded in stenotype the City Council meeting of the City of Stillwater in the Conference Room, Room #G15, of the Municipal Building, Stillwater, Minnesota; I further certify and state that thereafter and on this date I did transcribe into typewriting the foregoing transcript of said City Council Meeting, which transcript consists of the preceeding fourteen (14) pages; I further certify that the said transcript of such recorded City Council Meeting is true and correct to the best of my ability. Dated this 28th day of November, 1969 (Signature) Kirby A. Kennedy Court Reporter • (November 24, 19o9-continued) 27 • • RECONVENED AT 4:45 P. M. Mayor Powell suggested that Mr. Stenseng come to see the Council on our Secondary Treatment Plant as soon as possible - the next regular meeting in December. Mayor Powell also stated that a hearing on this improvement can be held the night of the bid opening. On motion of Councilman Wohlers, seconded by Councilman Melstrom that we advertise for bids for the Waste Water Treatment Plant expansion said bids to be returnable Tuesday, January 6, 1970 at 2:00 P. M. (Councilman Lammers opposed). The meeting adjourned at 5:15 P. M. Mayor Attest: (1 M 1` CL1 Court Reporter nAeote 28 • • COUNCIL CHAMBER Stillwater, Minnesota SPECIAL MEETING The meeting was called to order by President Powell. December 1, 1969 4:40 P. M. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Powell Absent: None Also Present: City Administrator, Brower; Assistant to the City Administrator, Loland; Consulting Engineer, Elliott POLICE ASSOCIATION On motion by the Mayor, seconded by Councilman Carlberg, Mr. Loland was directed to inform the Police Association as to the reason for changing Gedatus' salary - that it was the Association's idea to subtract from his to increase the sergeant's salary. That the association will have to recommend just what change they want as long as the total dollars remain the same. ASSESSMENTS Mr. Duane Elliott explained the methods of assessing that the Council could use - such as the City paying for the intersections. Mayor Powell stated that if we're going to use the 100% method, we have to start sometime and now is as good as any. Councilman Wohlers stated that Fairmeadows No. 3 is paying 100% and so should the rest. Mr. Elliott stated that projects will have to be watched so that one project is not loaded with intersections so that the costs would not vary greatly from one project to another. The Council generally agreed to leave the 100% assessment. On motion of Councilman Lammers, seconded by Councilman Carlberg that we order the plans and specifications for Local Improvement No. 91. SEWER FOR A. 8. BUTTS (DONALD NOLDE) Mr. Elliott asked for direction on Nolde's sewers on Fifth Avenue and Carnelian. The Council told him to submit plans on Fifth Avenue to Bonestroo for approval and to bill Nolde (A. B. Butts) for both areas. ADVERTISING FOR BIDS FOR OFFICIAL ADVERTISING On motion of Councilman Wohlers, seconded by Councilman Melstrom the Clerk was directed to advertise for bids for official advertising for the City, said bids returnable on December 16, 1969 at 7:30 P. M. On motion of Councilman Melstrom, seconded by Councilman Wohlers the meeting adjourned at 5:35 P. M. Attest: ) A 2O C.-e-'2 Mayor City Clerk • • 29 • _. COUNCIL CHAly3BR Stillwater, Minnesota December 9, 1969 7:30 P. M. REGULAR MEETING The meeting Was called to order by President Powell. The opening prayer was given by the Assistant to the ity Administrator, Loland. Present: Absents Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Powell. None Also Present: City Administrator, Brower; Assistant to the City Administrator, Loland; Superintendent of Public Works, Shelton; City Attorney, Kimmel; Fire Chief, Cormier; Police Chief, Abrahamson; Director of Parks a Recreation, Blekum Press: Roger Grtot, Gazette and James Broede,: St. Paul Dispatch Citizens: Bob McGarry, Gwen Thomas, Al Bergen, William Bell, Bill Kinsel, Jr., Mr. Remich, Don Nolde, William Heifort, Jerry Mahoney, Lawrence Dunker APPLICATIONS On motion of councilman Melstrom, seconded by Councilman Carlberg an "Off Sale" 3.2 Beer License was granted to Jack Felix,413 South Greeley Street, Stillwater. (renewal). On motion o£ councilman Wohlers, seconded by Councilman Carlberg a license "To Haul" was granted to Thompson Disposal Service, Inc., 412 North Owens Street, Stillwater. (Renewal). On motion O£ councilman carlberg, seconded by Councilman Wohlers a Cigarette License was vented to Warren Howard (Valley Cafe), 229 East Chestnut Street, Stillwater Eon the month of December, 1969. (new). COMMUNICATI4a8 From Wesley Niemi in regard to sewer charges. On motion of Councilman Lammers, seconded by Councilman Melstrom they concurred with the Bookkeeping Department and granted a reduction in sewer revenue charges from $19.00 per quarter to $7.80 per quarter for the October, 1969 billing. From the Bloomington Chamber of Commerce relative to a special "Metropolitan Tax Forum" to be held on Wednesday, December 17th at the Thunderbird Motel, Bloomington.. (No action). From the Minbesota Safety Council regarding a meeting to be held at the Curtis Hotel, Minneapolis on Tuesday, January 6, 1970. (no action). • 30 (December 9, 1969 - continued) • • DELEGATIONS OR INDIVIDUALS Mr. Robert McGarry appeared before the Council in reference to the package insurance for the City of Stillwater. He made two recommendations - #1 that the bodily injury liability be increased from $50,000 to $100,000 per person at an increased premium of $56.00 per year total for the package. No. 2 - uninsured motorist coverage which would be an additional $88.00 for the year or a total increase of $144.00. He also requested that he make a review of the buildings and contents and see if the values are up to date. He stated that he has made a complete check of all of the City's equipment and vehicles. Mr. Kimmel: I believe $50,000 is our limit under the law. Mr. McGarry: That could be but I am not aware of that. Mayor Powell: Tomorrow Mr. Kimmel can check into this and let you know next week. If that is agreeable to the Council to have the attorney check into that and perhaps we could give some thought to the Uninsured Motorist Coverage also and act on both of them next week. Outreach, Inc. --Mr. William Kinsel, Jr. and William Bell - Mr. Bell appeared before the Council to request permission for the special usage permit for the remodeling of the Elm Nursing Home as Outreach. He has made several appearances in the City of Stillwater and it was accepted by the Planning Commission. He appeared before the Council in April of this last year. He stated he made about 300 contacts in the City. He requested permission from the Council for this special use permit and Mr. William Kinsel, Jr. is to be the director of this project. Mayor Powell: Mr. Kimmel, are we required to have a hearing on this? Mr. Kimmel: Yea a hearing is required. Councilman Melstrom: I felt there would have to be a hearing and I requested that they be here. I am not sure if I was right or not. I felt there had to be a hearing. Mayor Powell: Are the neighbors in agreement with the proposed plan? Mr. Bell: We have talked with several people. We have not approached them on an individual basis. Mayor Powell: We received several letters in opposition. Mr. Bell: I would like to come into this with no animosity involved. I hope that last night we made a good presentation. As a whole I think we have very, very tremenduous support here for this program. We have an interim ad hoc committee of Mr. Kircher, Phyllis Simonet, Howard Albertson and Vern Stenseng, Chuck Hooley and Father Nelson who is presently serving on the Minneapolis Board. Mr. Kimmel: A hearing would be required unless there are no substantial rights involved. Mayor Powell: We can have a hearing the first meeting in January. It is wise to follow the rules. Councilman Lammers: I would move that we set a hearing for Outreach, Inc. for the first meeting in January which will be January 6, 1970. Councilman Wohlers seconded the motion. (all in favor). • • • (December 9, 1969 - continued) 31 Mr. Al Bergen appeared before the Council in reference to a City owned lot between the Stenseng-Fierke filling station and the Arlington Apartments. Mr. Bergen: I want to find out if the City would be willing or would like to sell Lot 5 of Block 5 which is the lot next to the Stenseng- Fierke Filling Station. This would be put in a package deal together with Wolter Supply, the Presbyterian Church and the Stenseng-Fierke filling station. I have a party who wants that lot and in checking it out I found out that this lot is owned by the City of Stillwater. Last week someone was granted permission to park there. These people would be interested in buying it. Would you want to set a price on it and then I could contact them. I think the lot is separate from the street and the stairway going up the hill and is still on the map.. Mayor Powell: Mr. Pauley uses that as a driveway and he came in and asked for parking space. We were going to investigate the possibility of vacating that portion of Chestnut Street. This might have some bearing on it whether he could have access to his garage. It is a good time for this to come up. Mr. Bergen: I haven't measured it but just driving up there, they might need it for protection. I didn't want to publicize it as it is all in the talking stage. The two buildings would be torn down. Mayor Powell: Is it a fifty foot lot? Mr. Shelton: It is a fifty foot lot but I don't know how deep it is. Mayor Powell: If the street is vacated and I doubt a street would ever go up there, it would be my recommendation a value could be placed on this property and from discussion between Mr. Brower and Mr. Heibert and Mr. Kimmel might come about a little understanding. Perhaps a recommendation could be presented to the Council next Creek and an appraisal made. Mr. Shelton: When Mr. Pauley was here, I checked on it and the stairway doesn't go up exactly in the middle of the right-of-way. There is a high pressured water way to the right of the stairway. We would have to have the stairs plus the watermain. Councilman Lammers: Would it facilitate things to get an appraisal now? Mayor Powell: If we are going to consider selling it, we should have an appraisal. I would suggest that an appraisal be made. The Council should give some direction to the Administrator to have that property appraised and work out something. Councilman Lammers: I would move that the Administrator have the property appraised, if possible by the meeting next week, on this lot on South Third Street. Councilman Wohlers seconded the motion. (all in favor). Donald Nolde appeared before the Council in reference to sewer connection charges for a Mr. Jensen out on Pine Street. He stated that Mr. Jensen had hired an attorney to check on the amount of money against this property which amount was given to him by the City Clerk's office and which he paid up and proceeded to build a home on this particular lot. Now he finds that he must pay another $400.00 assess- ment for a sewer connection. Some years ago when Lily Lake School wanted sewer for their building it was put in and the school district paid for it and no assessment made. I feel if there is any assessment due on any piece of property it should be brought to the City Administrator's office so when attorneys or loan companies would call to investigate the amount that is due and payable that they would get this amount of money. I did take some steps further and investigated and find that it is a confusing issue all along. This is out on West Pine Street. (Mr. Nolde then cited the various pieces of property involved and the amounts that have been paid with four of them paying $400.00 and four of them paying $100.00. I do remember when I was on the Council, that the Coundil did take a stand and we informed • • 32 (December 9, 1969 - continued) • • the people that in the event that the sewer system would go in that the school would have to pay it. I do feel a stranger coming into the City of Stillwater and checking with the official records of the City that he be given this in- formation. This is not to criticize the records of the City. It is an injustice that he is not getting the proper information. Mayor Powell: Because it is not an assessment and when we were on the Council we had a special hcok up charge of $400.00 because we couldn't assess after the school had paid for it. We felt it was unfair not to assess. Any property affected in the area should be marked so that when people check this information is available. Mr. Kimmel: Monahan was hooked up before that resolution and River Crest homes paid it for Bourdaghs. Mr. Nolde: I am not here to create any problems for the City Council. It is an injustice for a citizen to come in, especially when you have an ordinance that states that the residential sewer connection is going to be $100.00. Mr. Kimmel: Apparently didn't make inquiry of a hook up charge. Mr. Nolde: For what reason would he make an inquiry? ir. Kimmel: So he would know what it was. Mr. Nolde: Speaking in behalf of Mr. Jenson, any consideration you gentlemen could give him, I would appreciate it. Councilman Wohlers: Aren't all charges recorded? Mayor Powell: No, just assessments. Councilman Wohlers: Shouldn't he check this out also? Mr. Nolde: At no time was this $300.00 ever mentioned. He bought this property from the Peterson Construction Co. Mayor Powell: Your point is well taken. Also some where along the line no one mentioned it because of losing a sale. Mr. Nolde: I happened to be on the Council when all of these things were taking place. At no time were we going to charge this for this particular hookup. We never had a new hearing on this particular issue. Mr. Kimmel: No one who was hooked up since that has paid less than $400.00. (Mr. Nolde and Mr. Kimmel continued considerable discussion regarding those who had paid and those who had not paid the full assessment or hookup charge of $400.00) Mr. Nolde: Mr. Kimmel, if you call a municipality and check out all the amount due and payable against the property do you take that? Mt. Kimmel: Yes. Mr. Nolde: Mr. Jenson called and checked out the amount due and payable and paid it. Councilman Lammers: Was there any reason why this was not a matter of record? Mr. Kimmel: It is a matter of record if the $100.00 is a matter of record. When they call about assessments they don't say anything about hookup charges. Mr. Nolde: If there is something a little bit unusual and it is the only case of its kind in the City of Stillwater, I think something of this nature should be information to be given out - that there is an additional $300.00 charge to hook on to this sewer. Owen Thomas: There are many places in the City of Stillwater that do not have sewer and water. These are hookup charges and not assessments. • • (December 9, 1969 - continued) 33• Mr. Nolde: I agree with you and I still think we should tell them how much it i.s going to be. Councilman Carlberg: It is getting to be a big thing out of something that is no•.t so big. I think where the hook up charge is more than a normal hookup, I don't see why we can't make a note that there is some irregularity and that they be informed about it. Councilman Melstrom: This is not the first time this has come up. Mr. Nolde: I am sure it is not the first time. Councilman Melstrom: They have come to authorities that should know this because they are not hooked up to sewer and water. It is not an assessment and not a charge to hook up. Mr. Nolde: I honestly think there is something wrong. Councilman Carlberg: Did he inquire about the $100.00 charge? Mr. Nolde: No. Councilman Wohlers: Where did he get the $100.00? Mr. Nolde: One family dwellings are $100.00 and all the citizens were informed. This ie something that we was published in the newspaper and this was the going rate. At no time did we publish that we were going to change this. This is what I am talking about. Four have paid $400.00 and four people paid $100.00. Mr. Kimmel: There are actually six people that paid $400.00 now. Councilman Lammers: It is not a matter that will take 20 or 25 minutes. If it can be made a matter of records, it should be done, but if not, there is nothing that we can do about it. Mr. William Heifort, 420 West Laurel Street appeared before the Council complainincs about the condition of West Laurel Street. He stated that at least a dozen of these people do not have a place to park their cars. He requested that the CounciII take some action to park on one side the even days and on the other side the odd days. Laurel Street is a sore spot and I am willing to see my taxes go up if something is done about Laurel Street. Mayor Powell: Our engineering staff is working on that. Mr. Heifort: What streets are going to be done? Mayor Powell: We can give you this tomorrow. We can't do this all at once. Mr. Heifort: I am interested in seeing what is going to be done here in Stillwater - Mayor Powell: We have an engineering firm that is doing a good job and they will do it for us. Mr. William Rice appeared before the Council in reference to the snow plowing of South Harriet Street which is North of Pine Street and which is a dead-end street. He stated that the plow came up Pine and turned the corner to the South part of Harriet Street and then went down Willard Street and the remainder of Harriet has not been plowed as yet. He requested a little more attention to the dead-end streets. Mayor Powell: Our street superintendent is taking this down and this should be taken care of in the morning. Councilman Carlberg: I had a little discussion with our street foreman this morningg. There are several other dead-end streets and the problem is that the trucks and graders don't have room to turn around. The dead-end streets have to be taken care of with the loader. (Mayor Powell declared a recess from 8:30 to 8:45 P. M.) • • (December 9, 1969 - continued) • • PETITIONS None CITY ADMINISTRATOR'S REPORT 1. A memo from Mr. Blekum requesting the employment of Gust Rask, 600 S',uth Holcombe Street for the Lily Lake warming house for the coming season. He worked at this same job last year and was very satisfactory. The Pay for the job, as set in the budget, is $1.75 per hour and starts sometime near Christmas vacation, when the rinks are ready. On motion of Councilman Lammers, seconded by Councilman Carlberg that Gust Rask be employed as the caretaker for the Lily Lake warming house at $1.75 per hour as recommended by Mr. Blekum. (see resolutions). 2. A reply memo from Mr. Jack Shelton, Superintendent of Public Works regarding the condition of the wall of Parking Lot No. 3. "Have checked the condition of the wall on the end of the bus garage parking lot, and believe that it is safe, but what might happen in event of a major rainstorm could be a horse of another color. Would like to have the opinion of Mr. Duane Elliott on this as I believe that this is definitely a question to be answered by a professional engineer." Mayor Powell requested that we hold up on this since this particular property is being considered for a Low Rent Housing Apartment. 3. A reply memo from Jack Shelton regarding three requests for street lights as follows: "Have checked the various areas where street lights have been requested. and I have to agree that each street is a dead-end street and very, very dark. I do not know what the policy is regarding the lighting of dead-end streets but it seems that all the requests are those of interested 'neighbors and possibly the explanation of the yard lights provided at a nominal cost by NSP could be given to the petitioners." (No action taken). UNFINISHED BUSINESS On motion of Councilman Lammers, seconded by Councilman Carlberg January 13. 1970 was set as the date for the hearing on proposed storm sewers in Fairmeadows No. 1. (see resolutions). The City Administrator had directed the Superintendent of Public Works and the Assistant to the Administrator to prepare a summary of costs of assessment rolls covering the following Local Improvements.. #69 Orleans #71 Marsh #72 Ramsey #73 Poplar #74 South William Mr. Shelton explained that if they were to assess these costs on an equal basis for the five projects there would be no equality since all of them were of different or various widths and other factors. Mr. Shelton then cited the figures that were quoted at the time of the improvement hearings for the various streets. He explained that there were many variances and differences between the estimates and the actual work done on these streets. He recommended that these be assessed on an individual basis. • e (December 9, 1969 - continuedl 35 • • On motion of Councilman wohlers, seconded by Councilman Lammers that the assessment on these five projects be done on an individual basis as recommended by the Superintendent of Public Works. (see schedule of rates on the summary sheets presented by Mr. Shelton). NEW BUSINESS On motion of Councilman Carlberg, seconded by Councilman Melstrom the Building Inspector's Report for the month of November, 1969 was approved and ordered filed.. Councilman Melstromhad suggested that the persons engaged in the work of generall contracting, masonry and brick work. roofing, moving and wrecking of buildings, sign erection, construction and repair, including billboards and electrical signs and excavators be required to have a license issued by the City. This would pro- ", , tect the citizens from the fly-by-night operators. (This matter held over for thes December 16th meeting). On motion of Councilman Carlberg, seconded by Councilman Melstrom the purchase of the following securities from City of Stillwater as principal was approved by the First National Bank of Minneapolis Escrow Account: $5,000 U. S. Treasury Bills due April 23,1960 y1960 7.40% membersowere added 1toathe n eStillwater cPoli eonded bReservey las recommended lman Wohlers hbye fPolicn9 mmtin of e Chief Abrahamson: Richard Ulrich 510 West St. Croix Avenue, Stillwater Rodney De Reu 820 South Fourth Street, Stillwater Dale Purington 1404 South Greeley Street, Stillwater On motion of Councilman Carlberg, seconded by Councilman Wohlers the date of January 13, 1970 be set for the opening of bids for the cleaning of some sewers and repair of lift station pumps. CONSULTING ENGINEER'S REPORT Mr. Duane Elliott reported that the Greeley Street project is complete with the exception of some bank work near the swimming beach area which will have to be done next spring since the ground was frozen when it was discovered. The 1969 street work which is mostly in the Fairmeadows area is still being carried on. All of the streets are completed un to the base. There are some driveways 'to be taken care of this week. There has been a delay in the parts ordered for the traffic signals at Chestnut and Main. DELEGATIONS OR INDIVIDUALS (out of order) Mr. Lawrence Dunker appeared before the Council regarding snow removal equipment: for the City. He feels that the City should consider obtaining a rotary model loader which he feels is a must. He feels the loader we have is obsolete. He recommended that the City do it now since we are in a problem with a shopping center going in soon. He felt the Cicy would save money before the winter is ovver. New Richmond and Faribault have them. • • (December 9, 1969 - continued) • 1 The Mayor indicated that we did have a rotary type model last year which was too small and which was returned. Mr. Shelton indicated that we contract for all the snow removal on Main Street. and that the State pays for the loader and we pay for the trucks. Mr. Junker stated that if we had the right loader it would take ten trucks. Mayor Powell indicated that the Council had investigated the cost of the rotary plows which was about $35,000.00. Mr. Shelton stated that they are a necessity in most places, and that you can't wear one out and that the State has a couple of them. He would like to see what New Richmond has before making any decisions. Mayor Powell suggested that Mr. Shelton check into the cost of the snow blowers, the type that we need and perhaps even ,check with New Richmond on what they have and what they do. Mr. Junker indicated that he would be glad to accompany Mr. Shelton on the trip to New Richmond to check this out. ORDINANCES On motion of Councilman Melstrom, seconded by Councilman Carlbe_g the Clerk made the first reading of an ordinance entitled "AN ORDINANCE AMENDING AN ORDINANCE REGULATING LICENSES IN THE CITY OF STILNWATER, PASSED APRIL 3, 1912, PUBLISHED APRIL 6, 1912 AND ORDINANCE NO. 405 AMENDATORY THERETO." UNFINISHED BUSINESS On motion of Councilman Melstrom, seconded by Councilman Lammers a resolution was introduced approving the Memorandum of Settlement covering the Stillwater Fire Fireghters Association for the year 1970. (see resolutions). RESOLUTIONS The following resolutions were read and were on roll call unanimously ado2ted: 1. ResolutioQ Authorizing the transfer to the Board of Water Commissioners of a Worthinekir Compressor for the sum of $2,800.00. (repass). 2. Fixing Assessment Policy for Local Improvements. 3. Order Improvement, Plans and Specifications for Local improvement No. 91. 4. Ordering Hearing for Storm Sewer for Local Improvement No. 91. 5. Directing the Payment �f the Bills. 6. Approving Plans and Specifications, Ordering Improvement and Affirming Action Directing the Clerk to Advertise for Bids. (Secondary Treatment Plant). 7. Ordering a hearing for a Housin7 Authority. 8. Employment of Gust Rask for the Lily Lake Warming House. 9. Approval of the Fire Fighters Contract for 1970. • • • • (December 9, 1969 - continued) 3 7 1 ADJOURNMENT On motion of Councilman Carlbarg, seconded by Councilman Melatrom the meeting adjourned at 9:37 P. M. ATTEST: Glef a ' LAr -) City Clerk • • CITY Or STILLWATER MEETING OF THE CITY COUNCIL December 11, 1969 SPECIAL MEETING APPEARANCES: William Powell, Mayor COUNCILMAN: John Carlberg James Lammers Myron xelstrom George Wohlers, Jr. WHEREUPON, the following proceedings of the City Council of the City of Still- water were duly had, commencing at 4:45 o'clock P. M. MAYOR POWELL: This is a continuation of a meeting that's been in progress. We had another matter to discuss and the record will show that all Councilmen and the Mayor are present. This, gentlemen. is the proposal, that you have before you. that was presented to me, copies were made for each of the Council- men, that Mr. Brower has submitted in regard to his resignation or his staying on until he is 65. The total salary Mr. Brower would receive, as you can see, is $32,000 if he were to remain until March, 1972. In a recent proposal a salary increase to $24,000 was suggested to increase Mr. Brower's severance pay so that he perhaps could get a higher pension than what would be allowed if he should retire at age 63. Mr. Brower has suggested that he receive 90% of salary as severance pay and he said that this could be accomplished by a motion or an ordinance for employees with over 25 years continual service. As you can see that - and he also suggested t':en too that he only work January and February and this would make a total of $25,600 that he would receive for two months salary plus his severance pay; 90% of his total pay is $21,600 and $4,000 severance pay. This would then be a saving to the City of $6,400 should he continue on until March 1 of '72. Mr. Brower sugests that perhaps he should leave if it were agreeable to the Council, he should leave January 1. He has one month vacation coming and he feels that in the 25 years that he has been an employee of the City that he hes put in so much over time that this would be a very small compensation for him to receive one months additional pay. Frankly, I agree with Mr. Brower. He has put in very many hours and I think that the request, in view of the fact that it is a saving to the City, is a reasonable request. Some of the - sone of the motions required have been listed by Mr. Brower. You have those in front of you. I think perhaps now we could have a Ciscussion on it. COUNCILMAN CARISERG: Can I start? MAYOR POWELL: You may. couwcILMAN CARLBERG: I personally don't like it, without getting too rough terms, but now when we made - when we were talking about this originally we had agreed to keep Les Brower on the payroll, you know, until he was retirement age. We didn't think it was proper to force him into retirement. Now the last proposal we had was, to my knowledge, made by Lea Brower. MAYOR POWELL: Excuse me a minute. This is correct except when I discussed this with Mr. Brower he said that the figure $24,000 was just thrown out as a figure and not perhaps desireable or an acceptable figure. Now you may continue. • • (December 11, 1969 - continued) 39'e • COUNCILMAN CARLBERG: Okay. Well even in that respect I felt that the proposal that we had and we had accepted, I felt that that was a fair figure and I felt that was probably the limit that we should give and the only reason I was in favor of it was because I thought this is what Les wanted and that - that was the least we could do to help him out. Now when we get into a situation like this we are involving ourselves with another $7,000 - $8,000. It's just a very - we are getting into a very very bad situation and I just don't like it a bit, it's actually turning out that it's going - it§ looking like we are trying to buy him off, trying to get him out - out of here. That's not the way I feel and that'sa not the way it should be. My own personal opinion is that we should stay with what we had, either he stays until he is 65,or stay with the other proposal and it's still up to him. MAYOR POW::LL: I suggested to Mr. Brower that it might appear, even with the original proposal that we had, that it might appear that we were trying to buy him off and Mr. Brower said that it would be difficult to buy a man off if you accept a proposal that he has presented and that is perhaps a good way of putting it because it would be difficult to buy a man off with his own proposal. It is somewhat more than what we had planned and still it's considerably less than what the City would be obligated to pay in the event that he were to stay. Now I feel -- I feel, and I have discussed this with Mr. Brower and he feels the same way, I haves discussed this with Councilman Lammers and I'm sure that he will agree that he feels the same way that the situation - the longer it drags tends to deteriorate considerably and I feel that we are - if it's not begining to deteriorate now it's approaching that and I would do almost anything to prevent that because a man's reputation. a man's good name, the Council's good name is on the line when that happens, and I don't want to see that. COUNCILMAN CARLBERG: Well I agree. but in the same respect now, talking about proposals being given to the Council, the last proposal, it seems like he doesn't like that and he wants to turn that down. Sow we have this one and it could go the same way. He might not want to accept this one, he might want to change this. MAYOR POWELL: I question that. COUNCILMAN CARLBERG: This one, of course, this is a lot better proposal as far as he is concerned, ae far as monetary things for him. MAYOR POWELL: Well let me point this out. The figure that we had would have come to - the first proposal would have come as we figured it conservatively to $310 a month. Now $310 a month is the maximum that he could get a five percent interest on what money he has. Maybe five or ten years from now tint night not be as large an amount of money because once his pension is set there is no going back and doing it over with PERA. That's what it's going to be and as everything else goes up the pension becomes smaller. With Social Security the government sees fit to increase that ae time goes on and I think that a man who has a position of responsibility such as being City Clerk, to me he deserves something more than just the meagerest of pensions. This is my own opinion. I think that if a man who were an attorney for a Village or City for twenty-five years, which is a heck of a long time, he would deserve something on the same order, something more than just the meagerrest of pensions because it's been a job of responsibility, although those years - and many of those years he was getting a very meager salary. If anybody is interested - would like to go up and look at the folders showing the salary he did receive you would simply be amazed. COUNCILMAN LAMMERS: Are you through for now John? MAYOR POWELL: Let's let him be through for now and he can come back. COUNCILMAN CARLBERG: Can I just say one thing in this respect and then I will be quiet. As far as the income is concerned. I mean, you know. your saying it's $310 a month. Let's say he could go in the rout of annuities or something like this, like I explained to you before. Rather than $50 a month it would bring him up to $70 or $80 a month income on the same amount of money. True that the fellow is - I mean was on a very meager income, you know, many years back and every— thing like that, but we are all basically in the same position, that if we don't try to look out for ourselves in our retirement, I mean, paying into retirement plans which I'm doing. I'm not saying I know better than anybody else, but this is— • • • 40 (December 11, 1969 - continued) • • people just can't make it on Social Security any more than they can make it on retirement and pension plans and a person has to take an account for himself as he is working to kind of look out for himself. I'm not trying to be derogatory against him maybe because he didn't, but I mean this is - MAYOR POWELL: Les had a very unusual situation in the fact this his wife was sick for a long tine and his insurance ran out as far as coverage that he was allowed. He just had to go in debt for it and this - I mean, it could happen to anybody, but I point that out that Les was not loose with his money any more than anybody else. COUNCILMAN CARLBERG: I'm not saying - MAYOR POWELL: well if a man is careful with his money throughout his life he does accumulate something - some money. If you have sonething that can drain you it's going to do that. COUNCILMAN CARLBBRG: What I said, I'm not trying to be derogatory towards Les, but I mean there is two sides of a story. MAYOR POWELL: Jim? COUNCILMAN LAMMERS: Well I would just say, first of all, I do wish he could have seen his way clear to attend this meeting because I think, to a very large degree, this understanding has come about, as you indicated, the situation has deteriorated and I think this is certainly true, but I think the situation we now find ourselves in is something very much different than what we had contemplated, but on the other hand I understand it's a difficult thing for Les to attend a meeting like this. Then I have to say I basically agree with John except I would like to state it just a little bit differently. My feeling is, and I feel very strongly about it, and that is I desire that Les stay on until he is 65 and again I wish he could see his way clear to do this. When we first met I had never any thought other than he would stay and the situation would be one that would be very workable and that Wayne would have more and more to do and take more direct control of the reigns of the City but yet Lea would remain as a guide to Wayne and perform a very valuable function in advising us and working with Wayne and I thought it would be a situation that could be compatable and worked out, but it hasn't worked out that way and I think it remains a very great deal of misunderstanding and I explained that to Les and I think we were taken wrong and I think it's possibly somewhat our fault by not getting - trying to get it straightened out sooner, but we didn't anticipate Lea's reaction to it, but - and I think this is part of the problem and I have explained that to him. MAYOR POWELL: Do you feel though that the misunderstanding, as you and I know it, was that Les feels that you came back with a slightly different explan- ation than the time that you and I went in the first time? COUNCILMAN LAMMERS: Right. And I would just mention that when I talked to Les now. last Friday. and I said what I thought was exactly the same type of thing that I had tried to indicate to him that morning we met and he indicated to me; "Why didn't you say this to me when we met?" and I said; "Well I didn't I might not have expressed myself the way I wanted to, it might not have come out that way." This is what I thought I had said to him that morning and it wasn't taken that way and I think Les - maybe after the initial shock understood better what we had thought we were doing and tried to do, but I tided to explain. MAYOR POWELL: I think that's probably what really happened was that it was a shock to him and I think that he might have missed most of what we said and then, as he thought about it afterwards, it might have meant something more to him. COUNCILMAN LAMMERS: Yah, right. But then I would say to that, if it is Lea's decision, which it seems that it may very well be, that he very much desires to leave the City as of this January. Again I think it's extremely unfortunate and I think it's partly our fault that he does feel this way because of a misunderstand- ing that came about, but never the less, if that is his decision I think it should be understood that it - at least I feel, and I'm sure the Council feels the same was, that it wasn't our intention to have him leave at this point in time. • • • • (December 11, 1969 - continued) 41 • • _ MAYOR POWELL: Allow me to interject with this one thought, or this one discussion that we had this afternoon that he really feels that two men in that position is too many, that one man doing the work and the other man having the title is still less value to the City than one man and I agree with him because there would be, somewhere along the line, you could run into some con- flict and I almost would have to say that he would have much hope that he could retire and leave the lst of January and when I say this to you I think that's reason enough. When he wants to do this you can't say that he is being bought off because it's his wish and if we do this then he is going to be happier by doing that than he is by staying ard it's going to be to the benefit of the City, it's going to be to the benefit of the office and to his benefit, and I think that's the best way to have it and that's the last thing that he said. He didn't say anything about staying on. He would like to be able to leave and he is going to get a copy of this and I put it this way so that he can double check it. Now, even though he isn't at this meeting he is going to know what we have said and he has said to us what is down here. COUNCILMAN LAMMERS: Well I would have to disagree I think if Les leaves in January that we, as a council, are losers and I think the people of the City of Stillwater are losers. I think the next two years very well could be important years and I think not having Les's advice and guidance and experience I think we have lost something and I would hope - I didn't contemplate that this loss would come about like this and I do strongly feel that, but just - I don't want to say too much. but I have to agree with John that I cannot accept the proposal that's before us now, that type of money, that type of consideration. I appreciate: - Les deserves all the consideration we can give him, but this - if the situation is such that he cannot stay I don't think that it's necessarily our fault and I don't think it's necessary that he do leave, but if he feels that he cannot say I cannot see my way clear to give him this type of sumey, especially the twenty-one. MAYOR POWELL: All right then, let me ask another question. You say that you think he should stay and if you don't give him this and he can't afford to leave then your forcing him to stay and I don't think that's really right either. would you? If we were to discuss the amount would you be in favor of his retirement wit* some figure less than what's proposed? COUNCILMAN LAMMERS: Well I must admit that I'm completely confused as to whaet's the best thing to do because I - I have explained how I feel and yet if that's not the way it can be then I really cams into a real quandary as far as - MAYOR POWELL: Well as I see it, first of all, there is no one here that wants to - wants to harm Les or make it tough for him. If we were to say you have to stay because we won't give you what your asking then we are forcing him to stay and I don't think that that's being fair with him either. COUNCILMAN LAMMERS: Well the only thing I would ask at this point - let me dwell on it. MAYOR POWELL: All right. And I will say this, that I'm sure of this one thing that if Les didn't figure that Wayne could handle the job he wouldn't even have submitted this to us today because I think he has that much loyalty to the City. I believe that he knows that Wayne can do the job and I think he knows that if Wayne has a problem that Wayne knows where to get the information. COUNCILMAN LAMMERS: Well this may very well be true. I do have a lot of respect for Wayne's ability. but the fact is Wayne has not hadtheopportunity to do what he necessarily has to do and I think if Les were here to assist and so forth for the next two years. I think that Wayne and we would be a lot better off:, but I have no doubt that Wayne can handle himself. MAYOR POWELL: Myron? I didn't mean to cut you off. COUNCILMAN LAMMERS: No. COUNCILMAN MELSTROM: Well I can't express myself like Jim does. COUNCILMAN LAMMERS: I didn't say anything, when you come right down to it. • • 42 (December 11, 1969 - continued) • e COUNCILMAN MEISTROM: As you fellows know originally I was opposed to the set up to start with. but because of the situation and the proposal that we had at our last meeting such as this I felt that under the circumstances we had to more or leas go along with it because of Les's attitude, that he thinks the two of them couldn't work together on it, so that's the reason that I felt the way I did the last time we met. Now since we have met with some members of the Chamber of Commerce and it seems as though they weren't just exactly happy with the settlement that we were giving Les - in fact I recall that they mentioned the fact that; "Isn't there something more you can do for him?" MAYOR POWELL: Well actually I think that for the record if that - when the meeting was done they thought it was a fair proposal that we had made, but they said; "If there is anything else that you can do we would like to have you do it." That's about what - COUNCILMAN MELSTROM: Yes. So in view of that and the circumstances the way they are, just to cut it short, I would just as soon go along with this and let it go like that. MAYOR POWELL: All right. George? COUNCILMAN WOHLERS: Well I have talked to both men involved personally, alone. I think if we go along on staying with Lester - he will have to 65 we are just asking for a lot of grief. I don't think Lester wants to serve under the cir- cumstances that have developed. It's too bad they have developed, but these things happen, it's just one of those things. I know that Wayne would work with Lester under any condition. I have talked to Wayne Personally. if Les worked until 65 he would do it, in fact, he would back seat and let Lester be the kind of the totem pole. So I'm gathering all these conditions together in both men and I feel this way about it. I was all for holding Lester until he is 65, but the talk that I had with Mr. Brower this morning - he doesn't want to be here. MAYOR POWELL: That's true. COUNCILMAN WOHLERS: Under the circumstances he just won't be here. MAYOR POWELL: Another thing for the record, so that Mr. Brower doesn't get a misunderstanding of the previous meetings. These meetings came about because of the fact that we were of the opinion that Mr. Brower was goingto retire and then he didn't wish to retire and also we had the information Wayne would seek employment elsewhere. Now Wayne perhaps has changed his mind, but this was the information that we had and I'm saying this in front of the whole Council and let it be noted that they are nodding in agreement - so that somewhere along the line this has changed. I will say that in my own mind that Mr. Brower would have retired in March of 1970 if he could have afforded to. He would not have told us "I do not wish to retire." I think that he would have done that because I think that Mr. Brower's a man of his word. I think a man's word is as good as his bond. Somewhere along the line if you can't afford to - it's a matter of bread and butter, you have to do it the other way and I think that this is what honestly would have happened if things had been right and now this is one way of making things right. However, it's been a devious path to get to this because we have gone back and forth and there has been some unhappiness and some illwill. COUNCILMAN WORMERS: One more thing. I asked Lester - I said; "I'm laying the cards right on the table". I said: "If you know of this meeting this afternoon it's going to be settled once and for all. no more fooling around. If I make a proposal of 65 - that you stay until 65 will you serve until 6; under the conditions and circumstances that have developed?" So I feel this way here, if he is not going to be satisfied why hold a man here for two years because it's going to be continual bickering. Now I can be wrong on this, but I can see the handwtiti:g on the wall, he is not going to be satisfied. COUNCILMAN IAMMERS: I would just - going back to Bill's - COUNCILMAN WOHLERS: And I can't blame him, actually, the way this thing has developed it's one of those situations. • • (December 11, 1969 - continued) 43 e COUNCILMAN LAIM1ERS: I don't think it's necessarily too important how this originally came about. I would say, at least when I cane on the Council, I didn't) know when Les was going to retire, I did not. I had heard that he had planned to retire and that's way - I understood that back when Wayne was here and even when we had our first meeting I don't think it was necessarily a conclusion that we had the deal. Les was going to retire. This was sometime in the past and it came up again. MAYOR POWELL: I think - and I will say this, that I believe that we were - we thought that the investment that we had in Wayne, the experience that he had gained, we had somewhat over two years salary invested in him and the fact that Mr. Brower would only be here an additional two years, it seams like the proper thing to do, to suggest or to insist that Wayne be given more to do, not necessarily more authority but certainly more to do and we outlined what we thought, like the Department Head Meetings and things like that, preparing minutes and things like that, and we have gone all through that, we won't have to go through that again. Basically our thoughts are still the same on that. John? COUNCILMAN CARLBERG: I agree with George in that if Les doesn't want to say until 65 we have no business trying to force him, none whatsoever, but this deal about bickering and stuff like this, now it's my opinion - I have a very high regard for both Les and Wayne and everybody on the Council. I don't feel there would be any bickering involved. I think that everybody could adjust to the situation very well and given the time and because I think after we make a decision or after a decision is made on both parties, or both sides, I think we will all resolve ourselves to this decision and everybody can and will accept it and get along with it and I think Les is enough of a man and probably more so that he wouldn't have any problem and he wouldn't really let this effect his work or anything like that and he wouldn't let it get involved with the City affairs. MAYOR POWELL: well I'm going to say this to you now too, that before this meeting I was in talking to Les when I picked these up and he said - he says: "I hope you can sell this to the Council" and I told him that because he wanted it I would push it as hard as I could because if this is what Les wants then it's what I want. I have known Les longer than the rest of you and Myron is older than I, but he probably knows him as well, but'probably hasn't been quite ..s close to him as long and I would say as long as the proposal is less than what the total salary would be for the time that he would be 65 I would be in favor of this proposal and that's why - that's why I'm taking the stand that I am now is because Les wants it and I told him I would. COUNCILMAN LAMMERS: Well I'm getting a little bit more worked up here, I guess, but the thing is if we see our way clear to do something like this proposal( I want it - I think it would be a good idea if it were understood that Les is in fact leaving his - on his own volition, that this Council didn't force him to retire. If it were Les's desire that he stay on because we want him, and to a point we need him. There is a definite misunderstanding amoung the people of the town. I think this should be clatified if this comas to pass. MAYOR POWELL: I think so too, and I know Mr. Brower well enough and I think that he would perhaps be agreeable when the time came that he would resign that he would indicate that this was his hope and his desire primarily because when he originally did this it was because of his health and that meant a lot to him. He felt that if he could retire when he was 63, and I have said this before, his best years of retirement would be the first few years. but you can't retire and do it if you don't have the money to do it on. COUNCILMAN WOHLERS: That's right. MAYOR POWELL: So that we are now just helping him to get the money to do it and it is still - was still his first desire to retire at 63. COUNCILMAN WOHLERS: I would feel this way - excuse me Myron. I would feel this way about it, that this offer and the age 65 should be given to him and if he accepts this offer it's on his awn prerogative, not that we shove it at him and this is what your going to take. • (December 11, 1969 - continued) • • MAYOR POWELL: In order that this transcript is complete page 2 of his offer for Council action - necessary to carry out provisions on page 1. "Motion to fix salary for Lester R. Brower for the year 1970 at $24,000"; motion number 2, I mentioned to Les that I thought was unnecessarrand he more or less agreed. "Motion to pay Lester R. Brower a salary of $2,000 per month of January and February." The reason I think it's unnecessary is because $2,000 a month is what you would get if you were being paid $24,000 a year. COUNCILMAN WOHLERS: That's right. 101YOR POWELL: Number 2. "Motion granting permission to Lester Brower to take his vacation during the month of January 1970 and overtime accumulated during the past 25 years during the month of February." Which I think is reasonable because if he were to go down and come back for a month and get back down I think that's a very small compensation for the overtime that he has put in and I have known that he has put in many many hours. Mostly it was at the old City Hall and then; "Motion to pay Lester Brower severance pay amounting to $21,600, said severance pay to be paid in two installments, the first install- ment on January 2, 1970 and the second installment on January 1, 1971. Number 5, Motion that the City will pay hospital and medical payments for Lester R. Brower and his wife Alice Brower for the rest of their lives as provided in resolution number 2993 passed January 10, 1967. Number 6, Motion authorizing Mayor to enter into anagreementcovering the forgoing terms and conditions. Number 7, Passed resolution which will provide if an appointed City Official or employee not carried by contract or agreement with not less than 25 years severance - service to the City shall be entitled to 90% of accumulated sick leave as severance pay when he retires." This is an addition to Resolution Number 4181." That's in Mr. Brower's hand. We can talk and we can sit here as long as we want, but we have gone through this so many times and it's been quite a repetitive - so I would ask then that a motion be Bade to accept this - this and then it can either pass or be revoked. COUNCILMAN MELSTROM: Mr. Mayor, before we go into that may I say something that Mr. Kirby doesn't take dam? MAYOR POWELL: No. COUNCILMAN MELSTROM: No. Okay. MAYOR POWELL: If you want to say it it should be taken down. COUNCILMAN MELSTROM: No, because what I say I wanted it - MAYOR POWELL: If you have something that you wanted to say that doesn't concern this otherwise we have Mr. Kirby here so that everything can be said. COUNCILMAN MELSTROM: I realize that. MAYOR POWELL: Is there a motion or are we not going to have one. COUNCILMAN MELSTROM: I move we accept this proposal as accepted by Mr. Brower. COUNCILMAN WOHLERS: I will second that motion on the - one assumption. that this is Mr. Brower's wishes as explained to me. COUNCILMAN MEISTROM: Well if it was different I wouldn't have made the motion. COUNCILMAN WOHLERS: Because it makes a lot of difference. MAYOR POWELL: Well the fact that we have copies in his own hand writing is proof positive. COUNCILMAN WOHLERS: Well I know this talk that we had he said he would not serve under the circumstances, that definitely, and I want that understood. • • • (December 11, 1969 - continued) 45 MAYOR POWELL: All right. Before we vote we will have any discussion limited to - if anybody has something else they wish to add we don't want to repeat ourselves too much, though. COUNCILMAN WOHLERS: I believe we are going in the right direction, for one thing that the Chamber, like you said Bill, if there was anything more that we could do they would even appreciate it. I think that would cover this bit of difference that is in this costing more than it did originally, let's put it that way. MAYOR POWELL: It's another thing that we are saving too, it's 6% that the City pays for their share of anyones salary through PERA which $24,000 at 6% would be $144 something, or maybe $1,400. I would guess that raise listed in there is a savings, but that would actually be another saving. COUNCILMAN LAM ERS: Well I continue not to be in favor of such procedure and the only thing I can say is I'm extremely sorry Les feels the way he does and I think maybe all of us are somewhat responsible for the attitude that he now po , but if he does in fact - and I'm sure he does feel that be cannot continue I will always feel bad about it, but I can't see my way clear. MAYOR POWELL: I feel the - exactly the same way as you do. I think that it's going to be the Cities Toss to lose him and that at no time did I or anyone on this Council plan or hope that he would retire because this is not the truth, �.^ however, now that the situation is before us I think that if we accept this proposal we are doing something very nice and very generous because if somebody were to pay me my salary from now until I was 65 and.. sayyou can go and enjoy yourself I think they were doing something really nice for me. That's kind of an irrational thing to say I suppose because I have such a long time to go, but I mean for a few years it seems like it's a nice gesture and it's something that you don't have to be ashamed of because.. in many casaa people whohave; served a long time get real nice settlements when they retire, more than what you might think, but it doesn't do any good to go into it any more. All thosein favor say aye. COUNCILMEN WHO VOTED IN FAVOR: Councilman Melstrom Councilman Wohlers COUNCILMEN OPPOSED: Councilman Carlberg Councilman Lammers MAYOR POWELL: I will vote in favor of the proposal. COUNCILAN LAM@E:RS: I'm just going to say one more thing. It's not going to make any sense at all. I don't think we can begin to compensate Les for what he has been to the City and what he deserves, but on the other hand I think the proposal is a drastic one and I know that the two feelings don't jive. MAYOR POWELL: I feel that it's a high figure, but I think it's less than what it would have been if he had stayed and for that I favor it. The meeting is adjourned, unless somebody has something else to say. COUNCILMAN CARLBERG: I do have one thing to say. Now on these motions that - it's taken for granted that we all voted on all these motions by just the one - by the one vote. MAYOR POWELL: I will tell you what we will do then, we will vote - we will have a vote on Motions 1, 3, 4, 5, 6 and 7. I don't think we need Number 2 in th.ate because it's repetitious. COUNCILMAN CARLBERG: The reason I asked is that - MAYOR POWELL: It should be done. 46 (December 11, 1969 - continued) • e CCONNCILMAN CARLEERG: The only thing is I would change my vote on one of the Motions than I would my original vote. COUNCILMAN LAMMERS: What's that? COUNCILMAN CARLBERG: The hospitalization one I would vote in favor of the hospitalization motion. COUNCILMAN WOHLERS: Well go down to 7. MAYOR POWELL: Now I will tell you gentlemen , as long as the motion for the acceptance of the proposal is on record and it cannot be changed I would suggest that we vote on these - we cast a unanimous ballot because it isn't going to make any difference. We can go down through the list and have it three to two and I'm sure we would. Let's just have a motion and a second and pass those motions that were numbered. Is there a motion to that effect? COUNCILMAN MOH/ARS: I make a motion to that effect. COUNCILMAN MELSTROM: Second. MAYOR POWELL: All right. The motion is made and seconded. All those in favor say aye. COUNCILMAN MELSTROM: Aye. COUNCILMAN CARLBERG: I would vote no on all of them except Number 5. MAYOR POWELL: Right. Right, but what I mean is whether it's passed - it p three to two or five to nothing it's going to pass. You -expressed your wish to the original one and we know you're holding to that with the exception of Number five. You wanted to vote in favor of that so we are saving time. The motions have carried. COUNCILMAN CARLSERG: If I could just say something to some of the things I have probably said during the meeting when Les reads it he will probably think that I am no good, which is probably the truth. MAYOR POWELL: I'm sure that isn't the case. COUNCILMAN CARLBERG: I agree with you that Les has done a tremendous job for the City and has been a real help help to me and everything else and I'm very sorry that he has taken our proposal that we had made originally in the wrong way. I think he has and I think he is probably the biggest factor - the biggest factor in here is his pride which has probably made him make the decision that he has made and I give the man a lot of credit for having a lot of pride and I think this is one of the reason that brought us into this situation, and I wish Les would stay, and agreeing with Jim I don't think we could give Les enough as far as compensation is concerned, but I feel that this is the wrong way. MAYOR POWELL: And also then we should have a roll call then on the resolution which would change -Resolution Number 4181 to read that anyone with 25 or more years of service will receive 90% of there yearly salary and severance pay - no, that's in correct. 90% of their sick pay as severance pay. Roll Call, Councilman Carlberg. COUNCILMAN CARLBARG: No. MAYOR POWELL: Councilman Lammers. COUNCILMAN LAMMERS: No. MAYOR POWELL: Councilman Melstrom. COUNCILMAN MELSTROM: Yes. MAYOR POWELL: Councilman Wohlers. COUNCILMAN WOHLERS: Yes. • • (December 11, 1969 - continued) 47` • MAYOR POWELL: And let it be noted that I voted yes. MAYOR POWELL: The possibility of anybody serving that long is very very slight. If there is nothing else to come before this meeting it is adjourned. COUNCILMAN LAMMERS: So move. COUNCILMAN CARLBERG: Second. REPORTER'S CERTIFICATE I, Kirby A. Kennedy, do hereby certify and state that on the llth day of December, 1969, I recorded in stenotype the City Council Meeting of the City of Stillwater in the Conference Room, Room # G15, of the Municipal Building, Stillwater Minnesota; I further certify and state that thereafter and on this date I did transcribe: into typewriting the foregoing transcript of said City Council Meeting, which transcript consists of the preceeding thirty-three pages: I further certify that the said transcript of such recorded City Council Meeting is true and correct to the best of my ability. Dated this Lath day of December, 1969 ANNEXATIONS (Signature) Kirby A. Kennedy Court Reporter On motion of Councilman Melstrom, seconded by Councilman Wohlers direction was given to Councilman Leasers, City Attorney Kimmel and Assistant to the City Administrator, Loland to prepare annexation papers and to work out a workable program for annexations in Stillwater Township. RESOLUTIONS The following resolution was read and was adopteds 1. Authorising Severance Pay over 25 Years of Service (Councilmen Cariberg and Lammers opposed). Attest: ? . A 7 Court Reporter Mayor • • • COUNCIL CHAMBER Stillwater, Minnesota REGULAR MEETING December 16, 1969 7:30 P. M. The meeting was called to order by President Powell. The opening prayer was given by the City Administrator, Mr. Brower. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Powell. Absents None to Also Present: City Loland; City tAttorney, Kimmel; AePolice tChief, laAdministrator, Abrahamson; City Engineer, Duane Elliott Press: Roger Gratiot, Stillwater Gazette James Broede, St. Paul Dispatch Citizens: William Neifort, Jerry Mahoney, Don Granquist, Robert W. Long UNFINISHED BUSINESS (out of order) This was the day and time set to open bide for offial advertising for the City of Stillwater. 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 advertisement for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on December 5, 1969. On motion of Councilmen Melstrom, seconded by Councilman Carlberg the one bid received was opened by the Clerk. The Clerk read the bid from the Stillwater Gazette. On motion of Councilman Carlberg, seconded by Councilman Wohlers the bid of the Stillwater Gazette was accepted. (see resolutions). This was the day and time set to open bids for No. 2 Fuel Oil but since no bids were received, the Clerk was directed to re -advertise for bids returnable on January 6, 1970 at 7:30 P. M. APPLICATIONS On motion of Councilman Carlberg, seconded by Councilman Wohlers the following Cigarette Licenses were granted for 1970: American Legion Club 103 South Third Street, Stillwater, Minnesota David R. Carlson - Texaco Service 2nd & Myrtle Streets, Stillwater, Minnesota Del Farm Store - Floyd Stenger 4th & Myrtle Streets, Stillwater, Minnesota • (December 16. 1969 - continued) 49', • Paul R. Glaser 208 North Second Street, Stillwater, Minnesota John L. Hinz 302 South Main Street, Stillwater. Minnesota Jack Hocley 902 South Fourth Street, Stillwater. Minnesota w�+ Jack Hooley 405 East Myrtle Street. Stillwater, Minnesota Lowell Johnson - Deno's Super Market 215 North William Street, Stillwater, Minnesota C. H. Felix 413 South Greeley Street, Stillwater, Minnesota Kinsel's 2nd & Chestnut Streets, Stillwater, Minnesota Milton Krelitz 131 South Main Street. Stillwater, Minnesota E. James Meister 901 South Fourth Street, Stillwater, Minnesota Merl K. Meister 112 North Main Street, Stillwater, Minnesota Don Michaelson 4th a Churchill Streets, Stillwater. Minnesota Midland Cooperatives, Inc. 501 North Main Street, Stillwater, Minnesota Muller Boat Livery Stillwater, Minnesota Wade Nelson 920 West Olive Street, Stillwater, Minnesota Ralph B. Otte 517 North Owen Street, Stillwater, Minnesota Nelle O. Palmer - Lowell Inn 102 North Second Street, Stillwater, Minnesota Donald F. Mosiman a Glen L. Karloske (Fla Mor) 317 South Main Street. Stillwater, Minnesota Lyle Anderson - St. Croix RexallDrug Co. 132 South Main Street, Stillwater, Minnesota Stillwater Country Club North Fourth Street, Stillwater, Minnesota Warren Howard - Valley Cafe 229 East Chestnut Street, Stillwater, Minnesota Veterans of Foreign Wars, Post #323 124 North Main Street, Stillwater, Minnesota Orien Walker 806 South Main Street, Stillwater, Minnesota Gene Wright 218 North Main Street, Stillwater. Minnesota Leonard Yee 241 South Main Street, Stillwater, Minnesota (December 16, 1969 - continued) • • Willard & Harold Zolldan 103 North Owen Street, Stillwater, Minnesota Hugh J. Andersen - Mulberry Point Development Corp. (The Annex) 231 East Myrtle Street, Stillwater, Minnesota On motion of Councilman Melstrom, seconded by Councilman Carlberg the following Soft Drink Licenses were granted for 1970: American Legion Post 448 103 South Third Street, Stillwater, Minnesota Colonial Investments, Inc. 1119 North Owens, Stillwater, Minnesota Del Farm Store - Floyd Stenger 216 West MM:tie Street, Stillwater, Minnesota Deno's Supermarket - Lowell Johnson 215 North William Street, Stillwater, Minnesota Fraternal Order of Eagles 227 South Main Street, Stillwater. Minnesota C. H. Felix 413 South Greeley Street, Stillwater, Minnesota John L. Hinz 302 South Main Street, Stillwater, Minnesota Jack Hooley 902 South Fourth Street, Stillwater, Minnesota Jack Maley 405 East Myrtle Street, Stillwater, Minnesota William 'tinsel 118 Kant Chestnut Street, Stillwater, Minnesota Ed 'tne£elkamp 1101 North Owens, Stillwater, Minnesota Milton 'trelits - Reed Drug Store 131 South Main Street, Stillwater, Minnesota Nelle Palmer - Lowell Inn 102 North Second Street, Stillwater, Minnesota Midland Cooperative, Inc. 501 North Main Street, Stillwater, Minnesota E. Jams Meister 901 South Fourth Street, Stillwater, Minnesota Merl K. Meister 112 North Main Street, Stillwater, Minnesota Wade Nelson 920 West Olive Street, Stillwater, Minnesota Ralph 8, Otte - Happy's 517 North Owens, Stillwater, Minnesota Donald Mosiman 6 Glen Rarloske - Pla Nor 317 South Main Street, Stillwater, Minnesota Stillwater Country Club - W. A. Ulrich North Fourth Street, Stillwater, Minnesota (December 16. 1969-continued) 51 e Ian Arthur Raduenz T Stillwater Motor Co. 326 South Main Street, Stillwater, Minnesota VFW Club - Julius A. Loeber 124 North Main Street, Stillwater, Minnesota Valley Cafe - Warren Howard 229 East Chestnut Street, Stillwater. Minnesota Valley Dri-Kleenette - William Cleamings 333 South Main Street, Stillwater, Minnesota Orion Walker - Walker's Cafe 806 South Main Street, Stillwater, Minnesota Eugene Wright 218 North Main Street, Stillwater, Minnesota Leonard Yee 241 South Main Street, Stillwater, Minnesota Harold 6 Willard Zolldan 103 North Owen Street, Stillwater, Minnesota Hugh J. Andersen - Mulberry Point Development (The Annex) 231 East Myrtle Street, Stillwater, Minnesota ON MOTION OF COUNCILMAN WOBIERS, SECONDED BY COUNCILMAN LAIDRRS AN "ON SALE" LIQUOR LICEHBE WAS GRANTED TO HUGH H. ANDERSEN -MULBERRY POINT DEVELOPMENT CORPORATION (THE ANNEX COCKTAIL LOUNGE), 231 EAST MYRTLE STREET FOR 1970. On motion of Councilman Carlberg, seconded by Councilman Wohlere the following 'On Sale" Liquor Licenses were granted for 1970: Noel F. Breault - Grand Cafe 106 South Main Street, Stillwater, Minnesota Mildred H. Gersdorf 224 South Main Street, Stillwater, Minnesota John L. Hinz 302 South Main Street, Stillwater, Minnesota Lowell Inn, Inc. - Nelle O. Palmer 102-118 North Second Street, Stillwater, Minnesota Merl K. Meister 112 North Main Street, Stillwater, Minnesota Also bonds in the amount of $3,000.00 were approved. On motion of Councilman Carlberg, seconded by councilman Wohlers the following 'On Sale" Sunday Liquor Licenses were granted for 1970: Noel F. Breault (The Grand Cafe) 106 South Main Street, Stillwater, Minnesota Mildred H. Gersdorf 224 South Main Street, Stillwater, Minnesota Lowell Inn, Inc. - Nelle O. Palmer 102-118 North Second Street, Stillwater, Minnesota (December 16, 1969 - continued) On motion of Councilman wohlers, seconded by Councilman Carlberg a license to Operate a Bowling Alley was granted to Donald F. Mosiman and Olen S. xarloske ( Pla Mor Lanes), 317 South Main Street, Stillwater. (renewal). COMMUNICATIONS None DELEGATIONS OR INDIVIDUALS None at this point in the meeting. CITY ADMINISTRATOR'S REPORT The City Administrator read the following memo from Mr. Jack Shelton regarding snow plows: "As directed by the City Council on December 9th, 1969 I have contacted various equipment dealers on snow blowers and have made a trip to New Richmond, Wisconsin with Mr. Lawrence Junker to observe their operation on snow loading. There are many types of snow blower -loaders available from single stage to double stage plus a new innovation that is comprised of a single auger with two rotary cost- pressors above that squeezes the air from the snow thus eliminating the fine snow that is blown about during the loading operations. Most of the models that I have received literature on as well as the one seen at New Richmond are either mounted in the bucket of the loader or the bucket is removed and the blower fastened to the arms of the loader. These units weigh between 4,400 to 5,000 pounds so if they were to be used by the City of Stillwater it would have to be used on the BLS, Model 80 loader as the Model 55 Michigan does not have the proper reduction between the engine and wheels to provide the maximum speed for snow loading. The units I have seen and received literature on have a horsepower rating of near 150 at 3,000 RPM'S. To enlighten yourself and the Council members the unit purchased and returned last year developed 35 horsepower. The various units can handle up to 19 tons of snow per minute thus reducing the loading time of a 10 cu. yd. truck from 3h minutes to 35 seconds and placing more snow into each truck. An ordinary loader places approximately 5,000 pounds of now in a 10 yd. truck whereby a snow blower places approximately 8,000 pounds in the same size truck. It is definitely possible to move more snow in less time, but the unfavorable aspect is that by utilizing the BLS, Model 80 loader we are using a piece of equipment that cost the City the sum of $21,659.00 with the additional cost of a blower that will cost approximately $9,000.00. It is possible to remove the chute from the snow blower and use this machine for opening streets which are snow clogged in the event of a large snow storm. To purchase a new self contained sno-go the price of this machine would be 635,000.00. (Jack Shelton, Supt. Public Works) The City Administrator asked that the Council check with Mr. Hagen on this plow and get his feeling. Mayor Powell: I suggest that this matter should be given some more consideration at a meeting that will be held later this month. Councilman Lammers: I would move that we table this matter until we can discuss this with Mr. Shelton and Mr. Hagen. Councilman Carlberg seconded the motion. (all in favor). • • • • • (December 16. 1969 - continued) 5 • • mid CONSULTING ENGINEER'S REPORT Mr. Elliott had no report to make to the Council. He did state that he and Jack are looking at the map prepared by Jack of the streets that need improving along with the separation program and in January they hope to come with a recommendation of the streets that will be first for improvement. There are acme areas where there are already storm sewers and this will be taken into consideration. UNFINISHED BUSINESS The matter of licensee for General Contractors was carried over from the December 9th meeting and after some discussion it was felt that we should comply with the surrounding areas on this matter. Councilman Lammers was instructed to obtain copies of Stillwater Township and Oak Park Heights' Ordinances on this matter and give them to our City Attorney for study and review. The matter of increasing the bodily injury liability insurance and adding the Uninsured Motorists Coverage to the City's Package Insurance Policy was carried over from the December 9, 1969 meeting. The City Attorney recommended that the City take the extra Bodily Injury Coverage grid also the Uninsured Motorists Coverage. On motion of Councilman Wohlers, seconded by Councilman Lammers that the City add the increased Bodily Injury Liability and the Uninsured Motorist's Coverage to the present package policy. for the additional charges as quoted by Mr. McGarry. The following items on the agenda were carried over to a future meeting: Appraisal for the lot on South Third Street and the possibility of vacating a portion of Webt Chestnut Street as the appraisal had not been received and also Mr. Kimmel and Mr. Heibert were not able to meet on this matter up to this date. Council should make some decision regarding salary adjustments for 1970 before the end of December, 1969. paw BUSINESS On motion of Councilman Meletrom, seconded by Councilman Carlberg the Clerk - Treasurer's Report for the eleven months ending, November, 1969 was approved and ordered filed. The matter of severance pay for appointed City officials and employees which appeared on the agenda will be held for the meeting on salaries to be held later this month. SNOW REMOVAL FROM SIDEWALKS -- Mr. Kimmel stated that this was discussed at the City Hall regarding the problems on West Pine Street hill and it was felt that this was 24 hours but in checking the Nuisance Ordinance which was passed last year this time limit is 12 hours after it ceases to snow. This ordinance did not designate certain officials who are responsible for serving a notice for removal within a certain period of time. There was no motion of the Council designating anybody being responsible for this although there were designations made on other sections. Mr. Kimmel asked the question of how strict does the Council want to enforce this section and who is to enforce it. Mr. Kimmel cited the procedure and abatement that would apply on this matter. Mayor Powell: Possibly the Street Department Foreman and the Superintendent of Public Works could watch this. • • • 54 (December 16, 1969 - continued) Councilman Lammers: Shouldn't this ultimately come out of the City Administrator's office? Mayor Powell: The Street Department could watch it and then notify the Administrator's office. William Heifort: You have people who are crippled and who can't clean it or afford to clean it. I am guilty of not cleaning mine. Mayor Powell: We are not troubled with that kind of thing. Mr. Heifort: I would like to see the City take over the entire sidewalk cleaning. Mayor Powell: We do not have the manpower or money to do this and that would increase your taxes. I think some direction should be given to the Administrator's office. Councilman Lammers: I move that we direct the Administrator after con- sulting with the Superintendent of Public Works and Mr. Hagen to notify and authorize the removal of the snow and assess the parties for these costs. Councilman Melstrom seconded the motion. (all in favor). On motion of Councilman Cariberg, seconded by Councilman Melstrom the Council approved the Mayor's recommendation that the following persons be reappointed to the Port Commistions Leo Jewell Eugene Lehmicke William Murray Frank Steinmetz On motion of Councilman Lammers. seconded by Councilman Melstrom the Council approved the Mayor's recommendation that the following persons be reappointed to the Planning and Zoning Commission: Duane Arndt Harold Hohlt Fred Ralinoff Also Mr. Brower was instructed to remind Mr. Condon to submit an attendance record of the planning Commission) On motion of Councilman Melstrom, seconded by Councilman Lammers the Council approved the Mayor's recommendation that the following persons be reappointed to the Recreation Commission: William O'Brien Lawrence Junker Councilman Lammers recommended that this Commission be expanded and that a lot more could be done in this area. by more support by the Council and to give them more encouragement and support. Mayor Powell requested that this could be done at some future date and this should be brought up after the first of the year. on motion of Councilman Carlberg, seconded by Councilman Wohlers the Council approved the Mayor's recommendation that Dean Charlsen be reappointed as Civil Defense Director. On motion of Councilman Carlberg, seconded by Councilman Wohlers the Council approved the Mayor's recommendation that the following persons be reappointed to the Park Board : Chester S. Wilson Lyle Anderson (December 16, 1969 - continued) 55 • • On motion of Councilman Wohlers, seconded by Councilman Melstrom the Council approved the Mayor's recommendation that the following persons be reappointed to the Dutch Elm Diseas Commission: Dr. Theodore Cole Paul Glaser On motion of Councilman Carlberg, seconded by Councilman Wohlers the Council approved the Mayor's recommendation that the following persons be reappointed to the Library Board: Mrs. Richard Nelson Mrs. K. M. LaVine Mrs. Roderick Lawson Mrs.Narold Krog Mrs. Lloyd Kolliner Mrs. William Klapp APPROVAL OP MINUTES On motion of Councilman Lammers, seconded by Councilman Carlberg minutes of the following meetings were approved: October 14, 1969 October 28, 1969 November 4, 1969 November 6, 1969 November 17, 1969 Movember 18, 1969 November 19, 1969 November 24, 1969 December 1, 1869 Regular Meeting Special Meeting Special Meeting Special Meeting Special Meeting Regular Meeting Special Meeting Special Meeting Special Meeting DELEGATIONS OR INDIVIDUALS (out of order) Don Granquist 807 Everett Drive 7:30 P. M. 7:00 P. M. 3:15 P. M. 3:00 P. M. 4:15 P. M. 7:30 P. M. 4:00 P. M. 4:10 P. M. 4:40 P. M. We would like to know currently how many units you have in snow removal - how many are operable and just what type of rotation basis they are operating on? I don't think we have a reason to complain unless we know what the problems are. Right now it seems quite inadequate. City Administrator: We have one plow and one grader. Mr. Granquist: You are certainly not living in Miami. I don't know what your financial situation is but I don't see how you can keep up with the whole city but I think you havea problem on your hands. I don't know where you will get the money. Mayor Powell: We ordered trucks and had a delivery date in September and for some reason or another delivery was not made and the truck is being fitted with a plow and should have been here two weeks ago. Mr.Granquist: I don't think too many of us know of this. Mayor Powell: One truck was ordered - - - City Administrator: The truck was delivered today. Mayor Powell: Now many trucks do have plows on them? City Administrator: Three trucks with plows, plus the grader, plus the loader. Mayor Powell: This will double the force now. Mr. Granquist: We don't know this - what is the sense of coming down when you have only one truck - didn't seem right. • 56 (December 16, 1969 - continued) • • Mayor Powell: We will soon be in good shape. Mr. Robert Leng 808 Rainbow Court We have three inches of ice and it is still coming. The streets are full of cars every day. Most of them feel the same way and they are calling. Mr. Granquist: Can we rotate the plowing? Mayor Powell: Mr. Shelton is not here this evening to answer this. There are certain streets that coma first. Mr. Granqust: I think maybe you could put it on a rotation basis. What about the people who plow their driveways into the street? Mr. Kimmel: We don't have an ordinance like that. Mr. Granquist: We are asking for fair rotation. They were out there today but he went down the middle of the street and not deep enough. Mayor Powell: I would suggest that the Administrator's office get some information from our Street Department as to how they do rotate. This information would be good for the Council to know. Councilman Lammers: First of all it is inexcusable that we did not have the equipment. Secondly, we should pursue the plowing of driveways into the street and I would ask that the Attorney be asked to pursue this problem. and thirdly the matter of rotation plowing, nevertheless the people who scream get results. I would so move that the Attorney be instructed to explore this and bring to us an ordinance regarding plowing snow from driveways into the streets. Mr. Kimmel: Sometime in the past the Council had considered the possibility of a contract with some of the business people down- town about removing their snow for a price. This really gets to be a problem downtown at such places such as filling stations or private parking lots. The City would remove it for a price. Mayor Powell: This is one of the prime reasons this plow type loader might solve the problem. Councilman Carlberg seconded the motion. (all in favor). NEW BUSINESS (out of order) Councilman Melstrom presented two cases to the Council that were taken up at the December 15th Planning and Zoning Commission meeting. Case No. 69 - Donald Roettger - a variance request on two lots which will be lacking a seven foot front footage. This was considered by the Planning and Zoning Commission and Mr. Roettger was instructed to get written permission from all the property owners within 300 feet with the advice of the City Attorney. Mr. Kimmel: There is no provision in the ordinance if you get the consent of the property owners for automatic approval. It requires a hearing and we send notices of hearing to these people. The council will set a date of hearing and we serve notice to the people within 300 feet. On motion of Councilman Lammers, seconded by Councilman Melstrom January 6, 1970 was set as a date for a hearing for Case 869 for Don Roettger for a variance. The other case considered by the Planning Commission was tabled for a future meeting. • • (December 16, 1969 - continued) ORDINANCES None RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the Payment of the Bills. 2. Awarding the Contract for the Official Advertising ADJOURNMENT On motion of Councilman Carlberg, seconded by Councilman Neletrom the meeting adjourned at 8:40 P. M. acee., Mayor Attest: Q "' 1 �✓ "" "" City Clerk • COUNCIL CHAMBER Stillwater, Minnesota SPECIAL MEETING The meeting was called to order by President Powell. December 19, 1969 4:05 P. M. Present: Councilmen Carlberg, Lammers, Melstrom, Wohlers and President Powell Absent: None Also Present: City Administrator, Brower; Assistant to the City Administrator, Loland; Superintendent o2 Public Works, Shelton; Street Foreman, Hagen SNOW REMOVAL Mayor Powell asked Jack Shelton about the snowblower he was to check on. Mr. Shelton stated that the type of snow blower he looked at would cost about $9,000.00 and would be attached to the front end of the loader. Mr. Hagen stated this would tie up our new front end loader that we use for removing and plowing snow and that we should get a used self-propelled Sno-go for about $12,000.00. Mayor Powell asked Jack to see if he can find a used Sno-Go at some place that will take the caterpillar on a tade-in and that he should confer with Mr. Hagen on this. On motion of Councilman Carlberg, seconded by Councilman Wohlers Mt. Shelton was directed to check on a used Sno-Go with a place that will take the caterpillar on a trade-in and he should confer with Mr. Hagen on this. Mayor Powell stated that Mr. Hagen should have a rotation schedule for snow plowing and the office should have a copy of such a schedule. Councilman Carlberg felt there should be something in the union agreement about being accident prone - this could be grounds for dismissal. Mayor Powell asked that Mr. Hagen make up a schedule on snow plowing and give a copy to the Administrator's office so they can tell people when they will be plowed out. The problems of shoveling sidewalks was brought up by Mr. Brower. On motion of Councilman Melstrom, seconded by Councilman Wohlers a resolution was introduced to allow three days to shovel sidewalks after being notified of same. (see resolutions). APPLICATIONS On motion of Councilman Wohlers, seconded by Councilman Carlberg, a Sunday "On Sale" liquor license, a regular "on Sale" liquor license and a soft drink license was granted to Victor Gozzi, 402 South Main Street, Stillwater. (renewal:?. • • (December 19, 1969 - continued) 5E ''' • • On motion of Councilman Wohlere, seconded by Councilman Carlberg, an "0n Sale" liquor license, a Sunday "On Sale" liquor license was granted to Donald F. Mosiman and Glen Rarloske (Pla Mor Recreation), 317 South Main Street, Stillwater. (renewal). Also bonds in the amount of $3,000.00 were approved. SEWER TESTINOS On motion of Councilman Melstrom, seconded by Councilman Carlberg the City Administrator's office was directed to send a letter to Bayport on the charges for testing their sewer discharges. SEVERANCE Pay On motion of Councilman Melstrom, seconded by Councilman Wohlers a resolution was introduced to amend Resolution #4181 to change severance pay after ten (10) years rather than twenty (20) years. (see resolutions). SALARIES On motion of Councilman Carlberg, seconded by Councilman Melstrom the following salary and wage schedule was adopted for the year 1970. (Single rate hospital and medical premiums shall be paid by the City in addition to the salaries and wages listed below. See Resolution No. 1968). 1. Mayor - William Powell 2. Councilmen 3. Administrator, Clerk and Treasurer Lestei R. Brower 4. Assistant to the Administrator Wayne Loland 5. Building Inspector - John Lawson 6. Attorney - Harold Kimmel 7. Deputy City Clerk and Treasurer -Doris Rutz 8. Secretary - Dorothy Schnell 9. Bookkeeper - LaVonne Simon 10. Office Clerk - Jeanette Lowry 11. Extra Clerk Hire 12. Civil Defense Director - Dean Charlsen 13. Band Director - George Regis 14. Public Works Superintendent - John Shelton 15. Street Superintendent - Howard Hagen 16. Chief of Police - Wallace Abrahamson 17. Fire Chief - Wilfrid Cormier 18. Parking Meter Maintenance - Ruben Jacobson 19. Custodian - Stanley Larson $150.00 per month $100.00 per month $1,090.00 per month $850.00 per month $600.00 per month $750.00 per month $500.00 per month $490.00 per month $440.00 per month $430.00 per month $ 2.25 per hour. $ 50.00 per month $110.00 per month $850.00 per month $825.00 per month $850.00 per month $825.00 per month $500.00 per month $600.00 per month • • 60 (December 19, 1969 - continued) 20. Recreation Director - Joel R. Blekum $650.00 per month 21. Public Works Inspector - Francis Quick $720.00 per month Police Departtment Contract executed January 14, 1970 22. Assistant Chief and Investigator V. E. Gedatus $775.00 per month 23. Captain - Alfred aoepke 24. Sergeant -Albert Cote & Ronald Johnson 25. Juvenile Officer - David Knefelkamp 26. Patrolman (3 years or more) 27. Patrolman (2 years or more) 28. Patrolman (1 year or more) 29. Patrolman (6 months to 1 year) 30. Rookie Police Officer (under 6 months) Fire Department Contract executed December 9, 1969 31. Captain - Paul Williams 32. Fireman (3years or more) 33. Fireman (2 years or more) 34. Fireman (1 year or more) 35. Fireman (6 months to 1 year) 36. Fireman (Under 6 months) $750.00 per month $740.00 per month $740.00 per month $720.00 per month $670.00 per month $645.00 per month $615.00 per month $600.00 per month $750.00 per month $720.00 per month $670.00 per month $645.00 per month $615.00 per month $600.00 per month Contract covering sewage treatment plant and street department employees executed February 10, 1970. 37. Heavy Equipment Operator 38. Senior Sewer Plant operator 39. Sewer Plant Operator 40. Junior Sewer Plant Operator 41. Light Equipment Operator 42. Public Works Maintenance Man 43. Police Reserve 44. Sleep in Fire Station 45. Auxiliary - Assistant Chief Fire Department 46. Auxiliary Captain - Fire Department 47. Auxiliary Drivers - Fire Department 48. Auxiliary Firemen $4.00 per hour $4.00 per hour $3.71 per hour $3.60 per hour $3.60 per hour $3.33 per hour $ 3.00 per hour $ 5.00 per night $ 55.00 per month $ 30.00 per month $ 25.00 per month $ 20.00 per month • e • (December 19, 1969 - continued) RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Ordering hearing for Storm Sewers - Fairmeadows No. 1 - Local Improvement No. 91 (repass) *2. Allowing three day notice for shoveling snow from sidewalks. *3. Amending Resolution No. 4181 (Severance Pay) • Repassed 12-29-69 - not prepared and published in required time. ADJOURNMENT On motion of Councilman Lammers, seconded by Councilman Carlberg, the meeting adjourned at 5:45 P. M. Mayor Attest: • • CONFERENCE ROOM Stillwater. Minnesota SPECIAL METING December 29, 1969 3:30 P. M. The meeting was called to order by President Powell. Present: Councilmen Carlberg, Lammers, Wohlers and President Powell Absent: Councilman Melstrom Also Present: City Administrator, Brower; Assistant to the city Administrator, Loland; City Attorney, Kimmel. The following letter was read from Robert Lange, 213 Echo Lane, Stillwater: Gentlemen: On December 16, 1969, I was assulted by Mr. Phil Easton of the City of Stillwater and have requested that a complaint be prepared so that I can sign it. But Mr. Harold Kimmel, City Attorney, has refused to accept the same. It is my understanding that this is the duty of the City Attorney to prepare a complaint in a case like this. I am insisting that a complaint be prepared and would appreciate your advising me what steps I should take. This was discussed at length and it was felt that this matter should be left to the City Attorney to handle as he sees fit. On motion of Councilman Carlberg, seconded by Councilman Wohlers that the Council would support any decision that the City Attorney would make on this matter. APPLICATIONS On motion of Councilman Wohlers, seconded by Councilman Lammers an "Off Sale" and "On Sale" 3.2 beer licenses were granted to Carolee Stewart (Last Chance Cafe), 304 North Main Street, Stillwater for the year 1970. (renewal). EMPLOYMENT OF POLICE OFFICER A memo from bhe Police Chief recommending the employment of Larry Christensen of Stillwater to replace James Eder who has resigned as patrolman with a starting salary of $600.00 per month. On motion of Councilman Wohlers, seconded by Councilman Lammers the Council concurred with the Chief's recommendation for the employment of Larry Christensen as a patrolman to replace James Eder at a starting salary of $600.00 per month and also that the Chief furnish the Council with a ten and an eleven man schedule for the Police Department. (see resolutions). LOCAL NO. 49 OPERATING ENGINEERS Mr. Brower informed the Council that he had received a call that there would be a meeting of the Metro Manager's Association on Wednesday, December 31, 1969 at 10:00 A. M. at the Community Room of the St. Louis Park City Hall. 5005 Minnetonka Blvd. and the subject would be the results of the negotiations with Operating Engineers Local #49. (Mr. Brower indicated to the Council that he would attend this meeting). He also informed the Council that they will have to meet with Mr. McPherson to set the salaries for the Street Department for 1970. • (December 29, 1969 - continued) • B"DGBT Mayor: We will have to set the salary increase for the street department. The average for the other two departments was $75.00 per month. Should we set it at $60.00 for the Street Department? This was agreeable to the Council and Mr. Loland was directed to put this amount into the budget for the employees covered by Local No. 49. 63; Mayor Powell: Mr. Kimmel has given us an opinion last week that the action that the Council took at our last meeting when we were discussing retirement for Mr. Brower we found what we had done '✓as not legal and the best way to start that off is to have Mr. Kimmel explain some of hie opinions and why he made them. Mr. Brower: Please have it noted that I requested this opinion. Mayor Powell: Yes. Mr. Brower requested this opinion and Mr. Kimmel delivered the legal opinion to Mr. Brower and a copy to me. Mr. Kimmel: It is apparent from the nat:'.e of the motions and the transcript of the meeting you are paying retirement bonus and it is a severance pay based on past employment rather than on the expectation of farther performance. This is in effect compensation for past service which the law considers has already been compensated for an municipalities cannot do that. They can make provisions for prospeetive severance pay but you make those with the expectation that the employee is going to render service over a period of years and is eligible. As of January first Mr. Brower would no longer be performing services for the City of Stillwater - no longer in active service, - it is an inducement to stay. You cannot give a bonus for past services. As far as the increase in salary is concerned I felt that was all right even in view of this simply because on the surface it was less obvious. It became nothing less than a bonus. At this point I didn't feel that we should go ahead with it. Both Mr. Brower and the Council would be liable - the Council because of funds wrongfully paid out and Mr. Brower for wrongfully accepting funds. Councilman Lammers: Is there any reason why we did not see the opinion? Did you have any recommendation in there? Mr. Kimmel: There is no reason that you were not given a copy - I just made one for Mr. Brower and one for the Mayor. I didn't make a recommendation - just retrack the action already taken. Mayor Powell: That brings us back to about where we were sometime ago and I suppose the next proper thing would be to say to Mr. Brower, will you stay on? Mr. Brower: In the same capacity? Mayor Powell: The Council and I haven't discussed that but this would be the tine to discuss it. Councilman Lammers: Les and I have talked about it as individuals and what I have said to Les, the situation that came about was unfortunate and I guess my position is that I would hope that it could be worked out Les and I had discussed with Les that I would hope he would stay on which was our intention - that is without going into all the background. Councilman Carlberg: I from the beginning, too, was under the impression that you would stay, Les. It would be important that certain areas of authority should be transferred to Wayne as we had originally set up. I think Wayne needs the experience and this is the only way he is going to get it. I would like to see you stay on as we had originally planned and as an advisory type situation. It will lessen your work load considerably. I think that Wayne needs the experience as far as the actual management is concerned. He needs the experience that managing the departments as it boils down. • • • '_/ • • 64 (December 29, 1969 - continued) • • Councilman Wohlers: There is no other way we can do it now. Les can serve to 65 to get him the proper pension. As far as supervisory capacity I have talked to both men involved. Les stays where he is at and he turns more work over to Wayne. Also Les will do us this favor that he will see that Wayne is given more responsibility. I think it would be better for Wayne and everybody concerned. That office is no gravy train. Mayor Powell: I think the thought that when Les said under the same conditions, I think your intent as they were at the beginning of 1969 rather than what they were at the time of the proposed change. Is that what you meant? Mr. Brower: Yes. Mayor Powell: Bearing that in mind now I think we would essentially do as we proposed at the meeting a:d the information that Jim and I came in with, I thought it could have been a little bit of a misunderstanding in what Les said. Is this agreeable? Mr. Brower: This is not the exact way - the day you and Jim came in, you stated that you fellows had met to discuss my retirement and we have decided that starting the first of the year that Wayne should be in full charge. I asked you who was at the meeting and you said Wayne was there and I cannot see how come you would have a sub -ordinate at the meeting. It was the unanimous opinion of the Council starting January first that Wayne would be in full charge - that even. if he would make mistakes you could say nothing - if he made a mistake you would have no say. Wayne would not be my boas and he would not be my boss. This was the way it was left. This was the original discussion that I would certainly swear to under oath. Mayor Powell: There is a misunderstanding as to what we said - rather than have me say it again, I would ask Councilman Lammers go give his impression of what was said that morning. Councilman Lammers: I would just explain again as I explained to you before it was not your retirement that was discussed - that this was never discussed prior to our coming in. When the meetings were first called basically Bill conveyed the impression that we might have the chance Of losing Wayne if he wan't given more to do and also the salary. It was further discussed when you would retire. What cane of our meetings was not your retirement but to your retirement in the future and a chance be given to Wayne for a better opportunity to show us what he CO ld do so when Lester's day of retirement came he would be in a better position to take over. Wayne would conduct the Department Head meetings. We thought we would perhaps to an extent make you somewhat aware and take some of the duties off your hands. You would retain a voice as an Adminis- trator attempting to give Wayne also a voice. The big thing we felt that Wayne handn't had the opportunity to deal more directly with the public. We wanted him to gain experience while you were there. Mayor Powell: What I thought I said was if Wayne made a mistake, what Imeant, and perhaps it was was interpreted in the way it was meant and it just didn't turn out. Wayne might be able to find out for himself - get his feet wet and not come out right the first time. Mr. Brower: Are you gentlemen aware of the fact that Wayne had a free hand for the past year? He was dispatched to every department. He had the full department and not any way hampered and he could do as he saw fit. Councilmen Lammers: The fact is whether or not Wayne will avail himself of that opportunity and he did not do it. He did not know whether or not when the opportunity came up Wayne would speak up. As far as Wayne's salary, he would not be here. If the opportunity was there, he did not take advantage of it. The City had an investment in Wayne and I think everybody is bacically happy with what he has been doing - give him a chance to stand on his own two feet. There are two sides to what goes on. • • (December 29, 1969 - continued) 165 • Mr. Brower: The normal training period is certainly nothing short of four or five years with or without a degree to go through a training period for a public office such as Clerk -Treasurer and Administrator. I haven't been able to con- centrate on any one job. A man coming into a position with lees training than this could be in trouble. The public relations is one of the important functions of this type of work. I don't see that after two years that he would have to be in full charge. The San stayed on as administrator and assigned the duties to him, if the Council so wishes. Councilman Lammers: Wayne has come through phase one and there are still several phases that have to be accomplished. Mr. Brower: He is starting to work on this phase. Do I understandit clearly the Council's position is that I do not retain my position as City Administrator as of 1969 - what is the change? Mayor Powell: I would say that your position as Clerk -Treasurer and Administrator has not changed. You are still the man who is responsible if anything did go wrong. It would be normal procedure to go to the Clerk -Treasurer -Administrator. As far as Department Head Meetings - if you have them once or twice a month - that Wayne would say, suppose that we should have a department head meeting this week because there seems to be a little difficulty in the Street Department and get your permission for a meeting. Let him do the discussing, you sit and see that it doesn't get in left field too far - as an advisory thing. I am sure every- thing that came up would be a mutual decision. If it went wrong, this is something that you haven't considered, but the thing is to get in there instead of sitting back. Wayne has to be able to do the same things as Les does - do it as good. Mr. Kimmel: Would it be fair that Wayne's responsibility rather than to the Council than to Les. Mayor Powell: Maybe we do not go to him but some irate citizen will. Mr. Brower: If you carry the title you have the responsibility. In order to accept the responsibility, you have to be on top of it. You can't re -assign City Clerk responsibilities. You have to be on top of the things and you have to know what is going on in order to administer your position. If the Council has other ideas about it, I would like to know them now. If the Council has ideas of breaking up areas of responsibility, I don't think you can do it without abolishing the office of Administrator. There is nothing simplier than this to say to the Administrator you have a man working for you and we want this guy to do more work. It is just that simple. We want him to run the Council meeting - we want him to get in the groove of the thing and you would be sitting there. Councilman Lammers: At no time has Wayne indicated any dissatisfaction. Maybe Wayne is getting to a Rate of development that he might get more involved if it were the case, you would not have a voice, I would strictly be against that. Mr. Brower: I don't think there is any question this is what you are going to do and this what you want and I will load him with work. Mayor Powell: The work will be there for him to do. Mr. Brower: He would have plenty to do. Mayor Powell: He would do it under your supervision. I still think that he gets enough free reign to figure it out. Give him the job and complete it - let him know if it is right and if not, you say this is the way it was wrong. Councilman Lammers: It has to be understood that Waynedoes have a voice. He should be perfectly free to say anything about city government He must feel free to speak up. Mr. Brower: You mean that he should clear this with me before it is done. Councilman Carlberg: I think that maybe it shouldn't be this term "clearing" - Wayne having to clear - what is should be is discussed between the two of you. Mr. Brower: It should come over my desk so I know what is going on. • • 66 (December 29, 1969 - continued) • • Mayor Powell: Every day you should either discuss what did happen so that at the end of the day each one is aware of what each other is doing. Mr. Braver: If that would have been the understanding from the beginning, this call could have been avoided. Councilman Carlberg: The department heads will be under Wayne. Councilman Lammers: You can't take Les' voice out of this. Mayor Powell: I think originally if a department head wanted something rather than come to the Council he would come to Wayne with his memo and then to Les. This would be setting up one more link in the chain of command. Mr. Brower: But we are talking now of policy that the Council sets that we have to administer. Councilman Carlberg: We are trying to give Wayne some in -training. I feel that the next step in his development is being able to administer to the different departments, at least to have the department heads under him so he gains the knowledge. To have the departments under him - not saying having total control. Mayor Powell: Say for instance the Police Department is running heavy on overtime for some reason - it would be Wayne's job to go down there on his own and whatever came out of it and he felt Les should know he would come up and see if there was ever this amount of overtime. Councilman Carlberg: Discuss it with Les and he is the one to go back to the Police Department. Mayor Powell: If he sees that the Fire Department quarters are not clean, he could inspect it and he could tell you (Mr. Brower) that he has done this and asked them to take care of it. Councilman Carlberg: A department head has a problem, he would go to Wayne and talk it over with Wayne and then Wayne could discuss it with Les and if too much both could discuss it with the department head. Mayor Powell: He can use his discretion to take care of it himself or refer it to Ms. Brower. Mr. Brower: Basically what it means is that the title of Administrator as it was before. Many of the duties that come under this office will have to come to my desk. Councilman Wohlers: You are working under assistant administrator. Councilman Lammers: Basically we want to keep Wayne and I think we should hear Wayne out. Mr. Brower: I think that is wonderful. Wayne Loland: I am still thinking. Mr. Brower: I think it is fine to have an open meeting. Councilman Lammers'i I do think we know that it can work. I do think that we did raise Wayne's srlary with the idea that it was necessary in order to keep him. Mayor Powell: It was my opinion, and I am real sure that I got this completely from you, or something in a round about way, it was my opinion that unless you had more work to do and authority that you had been offered another job with more money - was I correct? Wayne Loland: Right. I think really I don't have responsibility for anything. I have to make my own work and find things to do. I am not really responsible for anything. Mr. Brower: How about the budget this year? Wayne Loland: That wasn't very much. • (December 29, 1969 - continued) Mr. Brower: How about giving direction to the department heads. I have been doing that. It is always good to say things when people are present. I talked to Wayne about this same very thing. I want your honest opinion - what do you think about the setup as it is now or what would you think about my leaving? Wayne Loland: I would much prefer you would stay - the more I will learn about this business. Mayor Powell: Getting back to the basic thing, the misunderstanding, I feel on your part, because we at no time asked you to retire or set the machinery up to retire. The only thing that brought it to the Council was that you would retire and that you would want to after another year. I think that it was that reason that we did hire Wayne and the fact of economics it boils down to that we have two years fo training in Wayne which have been good years and we have two years of your service beginning with March of 1970 so it would be prudent to allow an opening with a man with two years of experience to get someone else or someone who had all this training and the salary. We should retain Wayne and give him enough to do - that he is doing something worthwhile. I am certain that everyone is man enough to give and take a little so that we can work something out. Councilman Wohlers: Wayne is willing to work under Les and could learn a lot from him (Mr. Brower). I would like to hear if he would like to work under the conditions that were brought out. Wayne Loland: There are a lot of things now that go on that I don't know any- thing about. Maybe I know a little about them. I get it from other sources. Presently I don't think that is right. If Les does stay, I would like to get in on more of these things and, of course, ani it works out as you said here today. Mayor Powell: Les would let Wayne in on everything except what comes to your phone but everything that he is doing with City government. Sometime or another he should be exposed to it. Mr. Brower: Can Wayne give us an example? Wayne Loland: A lot of the bonding on which I have given figures I don't know what is going on as far as the details. I would like to have an opportunity to see how they were setup. Business that comes to the Council I know nothing about until I hear it at the meeting. Mr. Brower: You sit in on the bonding. Wayne Loland; You asked for the construction costs and then I leave. Mr. Brower: Any conversation beyond that would be no conversation about getting the money, but that is easily remedied or changed. Councilman Lammers: Wayne, you thought the bonding was too high? Wayne Loland: Yes. We know what the past assessments are going to be and forgetting about past assessments and the first two years and not subtracted that from the bond issue. I told him there would be ;44,000.00 that would come in before we would have any base payment on the bond issue but he didn't subtract it. Mr. Brower: I think you will find when everything is cut and dried you will find he is right. He is a specialist. You will find there was a reason for it. You will find there is a reason for 111 of this. Mayor Powell: These are the things he should know ant not have to wonder about. I think when these things come out the communications will be a little better and know that the cooperation will be 100%. Mr. Brower: I would had hoped that Wayne could have told me these things. Wayne Loland; I brought this to your attention before. This 1967 bond issue ended up with $175,000.00 over. Mr. Brower: These things could be discussed between us. Councilman Wohlers: I would want him involved with anything in City government. • • (December 29, 1969-continued) • • Mayor Powell: There are two distinct points of vibes that we did not know before. We are either overbonding or not and we should know about this. Mr. Brower: Mr. Springsted should be called in and asked. We will just ask Mr. Springsted to come over. We should have Mr. Springsted explain this to the Council. Mayor Powell: Yes. Mr. Brower: Mr. Kimmel I would like to ask this question - in the event that I would decide to retire on March 1, 1970 that the severance pay as outlined in a resolution of 1968 which reads one-half of the accrued sick leave - is this resolution or the previous resolution legal in your opinion? Mr. Kimmel: Yah. This type of severance pay is legal since it does not contemplate future employment. It is legal to put this in this type of a contract. Mr. Brower: I would be entitled to one-half of my sick leave or just one year and one-half of my salary. Mr. Kimmel: Yes. Councilman Lammers: We should encourage Wayne to stick his neck out and get it chopped. Certainly I don't want you to retire on March let - I would certainly hope that you would stay on. Mr. Brower: To avoid another meeting, in the event that I decide to retire March 1, 1970, I think this was also mentioned at the meeting that you and I and Mr. Kimmel had very recently where there is no agreement but the Council merely decides. Mr. Kimmel stated you can't have accumulated overtime at any time you have been paid. In the event that a person would want to retire in March and let Wayne take over from the first of the year with one month's vacation would the Council be agreeable to extend to me this additional month of compensation? Mr. Kimmel: I told Bill and Les that I thought that in a supervisory capacity that you have formal vacations that he didn't want to set a precedent for over- time but that should the Council see fit to not object to Les' absence in the month of February as long as the Council knew that Wayne would run it in his absence. I don't see anything wrong with that as long as the Council might say where is Les. Basically we have given him another month's vacation. You can give him an extra month's vacation - I don't see why that you can't. Mr. Brower: In the event that I would do it. it Councilman Lammers: If you decide that/is possible for you to stay on, it is your decision to retire, I prefer to know your decision. Mr. Brower: The only reason if I decide to retire the reason would be this - that probably I am a little bit too finnick. I am not bitter and I am not mad but there is a definite trend in the last month or six weeks and I am sure it is not intentional to by-pass me completely. I am sure that it is not inten- tional - this is no longer done. I feel not needed - this type of thing. I don't think I have my heart and soul in it. Councilman Lammers: Things have been in a state of turmoil. It has been a confusing situation for the past month. We have attempted to convey to you our feelings and thoughts. I didn't understand your initial action and I have been confused. Mr. Brower: I can't do it this way. This is my only reason. If I should decide to leave, there isn't going to be any bitterness shown. I am not going to go out and shout from the housetops. This is a legal thing, so that no one would get into trouble. I do believe that it would be most difficult. Mayor Powell: The feeling was a little strange and it was eating at both of us. When I did come in we talked about things that had to be taken care of and Les and I - it got back to us. Mr. Brower: If I decide to retire March first, I want to give it a try for a couple of three weeks and then if it still looks cloudy, I want to tell you right now, I am not leaving here - I am not leaving here with hard feelings toward anyone. The Council went along on these retirement figures and they were fantastic and everything would have been fine. I was a little skeptical. There is no such thing as going with a "mad on". No, absolutely it is not. • • (December 29, 1969-continued) • 69`,• I feel that at my age you 'just can't be holding grudges. You are getting to a point where you ought to be thinking about other things. Councilman Carlberg: We are all under the basic agreements. Mayor Powell: He knows what we feel and Les knows and the feelings are his owns Communications are about as good. Mr. Kimmel: You should rescind your prior actions. Mayor Powell: Rescind the action taken when the court reporter took down the minutes. Mr. Kimmel: A resolution rescinding the resolution of December 11, 1969 regard- ing severance pay and reinstating the provisions amended. Mayor Powell: Would the Council have any objection to Les taking an additional month's vacation? (There was no objection to this) Mr. Brower: Say the Council should set a salary and say that I was here yet in June or July, the Council can always decrease a salary. Mr. Kimmel: Yes. Councilman Carlberg: I would rather see a normal increase. (This was followed by a discussion on the overall salary increases) Councilman wohlers: I move that Mr. Brower's salary be increased to $1,090.00 per month. Councilman Lamers seconded the motion. (all in favor). RESOLUTIONS The following resolutions were read and were on roll call adopted: 1. Authorizing and Directing the Mayor and City Clerk to Execute a Deed Conveying a Portion of the Old Ritzer Property to Stillwater Sanitation Service, Incorporated. 2. Pertaining to Snow Removal from Public Sidewalks. (repass) 3. Amending Resolution No. 4345 (severance pay) 4. Amending Severance Pay (repass) 5. Employment of Larry Christensen as a Patrolman. (This resolution never received at the Gazette and was repassed on January 6, 1970) ADJOURNMENT The meeting adjourned at 5:15 P. M. Attest: • •