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HomeMy WebLinkAbout1971-01-12 CC MIN476 • • COUNCIL CHAMBER Stillwater. Minnesota REGULAR MEETING The meeting was called to order by President Powell. The Invocation was given by the Acting City Clerk, Schnell January 12, 1971 7:30 P. M. Present: Councilmen Lammers, Melstrom, Peterson, wohlers and President Powell Absent: None Also Present: Acting City Clerk, Schnell; City Attorney, Kimmel; Director of Public Safety, Abrahamson; Superintendent of Public works, Shelton: Director of Parks and Recreation Blekum; Consulting Engineer Elliott Citizens: Owen Thomas, John DeCurtins, Jack Jewell, Vernone Kumerow, Duane Arndt, Richard Becker Press: WAVN - Mike MCG_ath St. Paul Dispatch - Walsh On motion of Councilman Melstrom, seconded by Councilman Lammers, minutes of the following meetings were approved: November 23, 1970 November 24, 1970 December 4, 1970 December 7, 1970 rcember 8, 1970 December 15, 1970 December 22, 1970 December 23, 1970 Special Meeting - hearing Regular Meeting Special Meeting Special Meeting - hearing Regular Meeting Special Meeting Regular Meeting Special Meeting 7:30 P. M. 7:30 P. M. 9:30 A. M. 7:30 P. M. 7:30 P. M. 2:45 P. M. 7:30 P. M. 2:00 P. M. President Powell announced that this time has been reserved for statements by retiring Councilmen, other members of the Council, and appointed City officials. Councilman Melstrom: I think actually I believe the citizens of Stillwater are lucky to get a real good councilman coming in and we are fortunate to have the rest of the Councilmen here that are real dedicated and are going to do a real good job. I believe a large majority of the citizens now know even though I will no longer be a councilman, but I would just wish that the citizens of Stillwater would realize the amount of time the councilmen have to put in to take care of the meetings. Two meetings a month - this doesn't begin to take care of the necessary business. I haven't begrudged this at all. I have enjoyed myself these years and I shall appreciate being on the City Council. I think it is a wonderful experience. Sometimes I felt probably the people don't realize the effort that he is putting forth and not many people know this. I am happy to have served the City and I think everyone has been very cooperative in the last four years. I thank you. Mayor Powell: I would say th-.t it has been a privilege working with Councilman Melstrom as he has been very steadfast and resolute. If Councilman Melstrom said he was going to do it, he did it. I am going to miss you and it has been a pleasure to work for you. • (January 12, 1971 - continued) 477 • On motion of Councilman Peterson, seconded by Councilman Lammers a resolution was introduced commending Councilman Melstrom for his faithful service to the City of Stillwater. (see resolutions). RESOLUTIONS The following resolution was read and on roll call was unanimously adopted: 1. Commending Councilman Mslstrom for his faithful service. (not published). The meting adjourned at 7:40 P. M. Attest: Acting ty Clerk Mayor • • 478 • COUNCIL CHAMBER Stillwater, Minnesota REGULAR ADJOURNED MEETING January 12, 1971 7:50 P. M. Acting City Clerk Schnell administered the Oath of Office to Mayor -Elect William Powell and Councilmen elect Richard Balfanz and George Wohlers, Jr. The meeting was called to order by President Powell. Present: Councilmen Balfanz, Lammers, Peterson, Wohlers and President Powell Absent: Also Present: Citizens: Press: None Acting City Clerk, Schnell; City Attorney, Kimmel; Public Safety Director, Abrahamson, Superintendent of Public Works, Shelton; Director of Parks and Recreation, Blekum; Consulting Engineer, Elliott Owen Thomas, John DeCurtins. Jack Jewell, Vernon Kumerow, Duane Arndt, Richard Becker, J. H. Evans, Burlington Northern Railroad, Mr. & Mrs. John Cass, Mr. & Mrs. Robert Hejny WAVN - Mike McGrath St. Paul Dispatch - Walsh On motion of Councilman Peterson, seconded by Councilman Lammers, the Oath of Office of Mayor Powell was accepted and ordered filed. On motion of Councilman Peterson, seconded by Councilman Lammers, the Oath of Office of Councilman Balfanz was accepted and ordered filed. On motion of Councilman Peterson, seconded by Councilman Lammers, the Oath of office of Councilman Wohlers was accepted and ordered filed. Councilmen Peterson, then nominated Councilman Lammers for the office of Vice President of the Council. Councilman Peterson moved that nominations be closed and that the Clerk be instructed to cast a unanimous ballot for Councilman James Lammers. The motion was seconded by Councilman Balfanz. A unanimous ballot was thew cast by the Acting City Clerk and she declared James F. Lammers elected to the office of Vice President of the Council. Councilman Petesson nominated George J. Wohlers, Jr. to serve as a Commissioner of the Sinking Fund. Councilman Peterson moved that nominations be closed and that the Clerk be instructed to cast a unanimous ballot for Councilman Wohlers. The motion was seconded by Councilman Balfanz. A unanimous ballot was cast by the Acting City Clerk, and t.e declared George J. Wohlers, Jr. elected as a Commissioner of the Sinking Fund. (The Mayor automati.;ally becomes a commissioner of the Sinking Fund by virtue of his office). (The Acting City Clerk administered the Oath of Office to Councilman Lammers as Vice President and to Councilman Wohlers as a Commissioner of the Sinking Fund). a.. • . UMW PETIT Owe None (January 12, 1971 - continued) DELEGATIONS OR INDIVIDUALS J. 11. Evans of the Burlington Northern Railroad Company a Council in reference to the reconstruction of Water Mylberry Streets appeared before the time comes foron which their Streetebetween assessment that the property Councilagiv. oHem rconsited t Myrtle and Property since theyjtm this some vementeandith when the primarily derive no benefit from this improvement their to serve the grocery store and the Municipal Parkingrt and Munici 1the need is Mayer Powell: Pa Lot, it eThe feeling with the street program is doesn't benefit your particular propertythat City there falls some responsibility but being aperhaps poor state of affairs. as a whole. Thega part of the the notate It is something we havestreet is in a procedure and to deviate fromwouldone before - this is I can't see anyway it can be it be unfair. Frankly, avoided. Mr. Evans: We felt if Commercial was left open theyw willingnto accept the cost. It is just plain discrimination more not against would Project but you are against the cost. at�n Y you are Mayor Powell: This is part of the total package and not doing you can't because somebody is a railroad or an oil c the case maybe because the railroad is a this, are there usingcertain type company or whatever and t the land. The fact that .Noolere of leasing - they his will improve their business and theywil arepRhein It makes it a little tough for the total improvement of the town. Mr. Evans: Maybe it would lend itself for expanding a breaking road along Commercial to Mulberry - the property that is ours is on the Bast side. DNFINIS ggP- On motion of Councilman Peterson, seconded by Councilman was introduced approving the Agreement with the No. 1922 for the Wohlera a resolution year 1971. Firefighters Association Local (see resolutions). On motion of Councilman Wohlera, seconded by Councilman Peterson the City Attorney was intructed to amend the City Ordinance to c Com any additional charges per Resolution E and aad. cover fees for rezoning submitted by the Planning and Zoning Resolution F from the Planning and Zoning Commission which appeared on had been previously acted on by the Council and the Street sign system. one the agenda reason being the cost involved.e opposed to the Uniform On motion of Councilman Lammers, seconded by Councilman Lol nd. was appointed to serve on the Dutch Elm Commission on Peterson lace Wayne mmiseion to replace Wayne NEW BUSINESS On motion ofeouncilman Wohlers, seconded by Councilman Peterson a resolution was introduced appointing LaVonne Simon and Jeanette Lowry Deputy City Clerks and Deputy City Treasurers, (see resolutions). Discussion was held regarding the matter of changing banks and t e had contacted FaFarmers Merchants State Bank, who are next they are willingand Mayor Powell stated the City's business for the next in line, and three years. • 479 • (January 12, 1971 - continued) • • On motion of Councilman Wohlers, seconded by Councilman Peterson the Farmers and Merchants' State Bank will be the official bank for the City commencing in April, 1971. On motion of Councilman Peterson, seconded by Councilman Balfanz the following Order of Business was approved for 1971: Call Meeting to Order Invocation Roll Call Delegations or Individuals Petitions Unfinished Business New Business Applications Communications City Administrator's Report Consulting Engineer's Report Committee Reports City Attorney's Report Approval of Minutes Ordinances Resolutions Adjournment On motion by Counilman s the Inspector'sfReport1fornDeceerson, mbC • 1970 wasdapprov dcand ordered filed. Building filed. On motion of Councilman Lammers, seconded by Councilman Peterson the Summary of Building Activities for 1970 - Building Inspector and the Clerk -Treasurer's Report through December 31, 1970 were approved and ordered filed. APPLICATIONS On motion of Councilman Peterson, seconded by Councilman Wohlers the following Soft Drink Licenses were granted for 1971: (renewals) American Legion Post No. 48 103 South Third Street, Stillwater Alyce Howard - Valley Cafe 229 East Chestnut Street, Stillwater Katherine L. Sarff (Country Boy Store) 808 North Fourth Street, Stillwater Skogen Gulf Oil 108 South Third Street, Stillwater Stillwater Elks Lodge B. P. 0. E. 110 South Main Street, Stillwater James E. Wolf (Wolf's Harbor) 517 North Owens Street, Stillwater On motion of Councilman Wohlers, seconded by Councilman Lammers the following Cigarette Licenses were granted for 1971: (renewals). American Legion Club 103 South Third Street, Stillwater Darroll Gorder Bluff Service Station 806 South Main Street, Stillwater Alyce Howard _ Valley Cafe 229 East Chestnut Street, Stillwater e • • • (Januaxy 12, 1971 - continued) 488 • The City Clerk's office was requested t', publish a news release on the streets that will be done in 1971. COMMITTEE REPORTS Public Safety 1. The matter of the fire ladder truck was discussed and it was the feeling of the Public Safety Committee that they would like to advertise for bids returnable the second meeting in March. Capital Investment. was not necessarily is the budget as this can be done on the sale of bonds. The specifications indicate they are looking for a dual engine and there is going to be only what is absolutely necessary and it is tailored for Stillwater's needs. After the bids come in then the Council can determine how to get the money.-. On motion of Councilman Peterson, seconded by Councilman Mohlers that the Recommendations of the Public Safety.- Committee be followed for the ladder truck for the Fire Department and the City Clerk be directed to advertise for bids returnable on March 23, 1971 at 7:30 P. M. 2. Mr. Dean Charlsen will appear at the January 26, 1971 Council meeting in reference to a new siren system which will come to about,$8,000.00. 3. Mayor Powell stated that he felt that it would be a good piece of business on the part of the City of Stillwater to consider putting, in the concrete floor on the lower level of the Municipal Building as we do have things stored there. It could be used with a concrete floor and>t<was his recommendation that the Administrative Committee or the Public Works Committee investigate the possibility of doing this. They could check with the Bookkeeping Department as far as budget is concerned as to"whether or not we could do this. Councilman Lammers felt that this was Public Works. Councilman Peterson stated that the Civil Defense should be involved. Chief Abrahamson stated that for Federal Aid it would come under Civil Defense. On motion of Councilman Lammers, seconded by Councilman Peterson that the Public Safety Committee explore this problem of putting in a concrete floor in the sub -basement of the Municipal Building and report back at the next regular meeting. Mayor Powell requested that all Councilmen receive a copy of the 1971 Budget as well as the Department heads. p9BLIC WORKS No report ADMINISTRATIVE COMMITTEE Councilman Lammers stated that the Committee will have a meeting prior to the next regular Council meeting on January 26ch. • • 484 (January 12, 1971 - continued) • • PARRS AND RECREATION 1. Mr. Blekum reported that the Lily Lake Project is moving along mighty slow. The work by Peninsula Construction Co. is dragging and he requested that a thorough investigations of that project be made before we allow any payments to this firm. They are presently two months behind as it should have been completed by November 10, 1970. 2. Mayor Powell had sent a memo to Mr. Blekum regarding kids slidding on West Hickory Street between Everett and Martha and requesting that possibly some areas could be set aside near the golf course for the kids to slide on. Mr. Blekum stated that the little kids would still slide near their homes where the mothers can watch them. He felt that there really wasn't any City owned property in the area that could be used for this purpose. 3. Mr. Blekum reported on tho possibility of a skating rink in the Fairmeadows area as requested by Mr. xotz. The area they are presently using is in the Wild Pines Association on a pond which is to the west of Fairmeadows Park. He stated there is no way to drive in there and clean this area off. He stated that the area & the Lily Lake School is very limited and there is no hydrant available for flooding. He recommended that the rink be at Meadowlark Park but the access is very poor. They would have to remove the curb and put in a drive from Crestwood but there is no water near the place. A watermain would have to be run into the park area. He could get the rink next year and then get a warming house. 4. Mr. Blekum reported that the Recreation Committee is considering the hiring of a professional skating instructor on a fifty-fifty basis. 5. Mr. Newquist will finalize the plans for the fencing and this portion of the Lily Lake Project will be coming up for bids before too long. 6. Mr. Blekum stated that in this year's budget he is to trade-in the John Deere Tractor on a new one. We have all the attachments and we would be trading only the basic tractor. He stated that Gardy Tune Up is the only John Deere Tractor dealer in the area. He had received a figure of $1,026.00 from Gerdy Tune hp for the cost of the tractor with a $700.00 trade in for the old tractor. Mr. ximmel stated that we would have to get more than one quotation even though we are looking for a certain make as the amount is over $1,000.00 On motion of Councilman Lammers, seconded by Councilman Wohlers that the City Clerk be directed to advertise for bids for a John Tractor per Mr. Blekum's recommendation, said bids to be returnable at 7:30 P. M. on February 23, 1971. 7. Contracts for the use of the City Owned Property in St. Croix County, Wisconsin was discussed. Mr. xi:anel stated that this would have to be described to the list of people who are interested in that type of operation or these specifications should be taken to those that are interested and let them submit a proposal. The City could run an ad but that won't reach the prople that are interested in this. On motion of Councilman Lammers, seconded by Councilman Wohlers the proposed contracts and specifications were accepted and the City Attorney and the Recreation Commission were to work out the details as to how we are going to facilitate this project. • • • (January 12, 1971 - continued) Katherine L. Sarff (Country Boy Store) 808 North Fourth Street, Stillwater Skagen Gulf Oil 108 South Third Street, Stillwater Jamas W. Wolf (Wolf's Harbor) 517 North Owens Street, Stillwater On motion of Councilman Lammers, seconded by Councilman Wohlers the following Contractor's Licenses under Ordinance No. 448 were granted for 1971; (Renewals) H. 6 L. Erickson General Contractors, Inc. New Box 1339, Minnetonka, Minnesota 55344 General Contracting Martin G. Kvaes 1115 South Third Street, Stillwater Carpentry a General Contracting Marvin C. Richert 1123 South Fifth Street, Stillwater Painting River Crest Construction Highway #212, Stillwater General Contracting Kenneth Seefert - Pinkys Croixland Cesspool and Sewer Cleaning Service Route #3, Box #6, Stillwater Installing 6 Repairing Cesspools and Sewer Lines The Sussel Company 1850 Como Avenue, St. Paul General Contracting Clifford E. Williamson 1201 Turners Cross Road New Minneapolis, Minnesota 55416 General Contracting On motion of Councilman Peterson, seconded by Councilman Balfanz, an Operator's License, Amusement Machine and Music Machine Licenses were granted to Fred Dahlin, dba D. V. M., Inc., 1889 Fairmount Avenue, St. Paul, Minnesota. (renewal). On motion of Councilman Peterson, seconded by Councilman Wohlers a License "To Haul` was granted to Dale R. Jacobson, Jacobson Truck Line, 1220 South Fifth Street, Stillwater. (renewal). On motion of Councilman Wohlers, seconded by Councilman Balfanz a license to operate taxicabs was granted to Victor Prescott (Stillwater Taxi Co.), 230 North Second Street, Stillwater, Minnesota. (renewal). COMMMONICATIONS From Mrs. Archie Smith, 102 East Cherry Street regarding the parking of a car on the sidewalk in front of residence at 311 North Third Street. Chief Abrahamson reported that this matter had been taken care of. From NSP regarding increase in gas rates. (no action - copies mailed to the Council). From NSP regarding electric rates. (no action - copies mailed to the Council). 481 • • 482 (January 12, 1971 - continued) • From theMenicipal Commission in the matter of the petition to annex certain land to the City of Stillwater - Fairview Cemetery. Mayor Powell: I think we should presure the idea that we are willing to annex them primarily as a service to the Cemetery Board. CITY ADMINISTRATOR'S REPORT None CONSULTING ENGINEER'S REPORT 1. On motion of Councilman Peterson, seconded by Councilman Lammers a resolution was introduced approving the payment to the Moelter Construction Co., Stillwater for Estimate No. 3 for the Lily Lake Park Development in the amount of $2,288.92. (see resolutions - directing the payment of bills.) 2. Discussion was held on the 1971 street program and the deleting of work on St. Croix Avenue from North First Street to North Broadway and North Third Street from East Wilkin to East St. Croix Avenue. Mr. Kimmel stated that it could be included originally for sewer and water and then the Council can according to Mr. Stahl's request or petition include or delete it. First they will have to have preliminary estimates of the sewer and water and the assessible costs if this appears to be feasible. Be further stated that they could order the street work done and advertise for bids and set a date forf'hfiearing on the sewer and water in that area. Mayor Powell stated that the people do not have the need for the service :..ad there would be the question of benefit as far as assessing the abutting property owners. This would be basically upgrading .mf the services in the area rnr fire protection and the majority of these costs should be Water Department expense. He suggested that the hearing be set for a month from now or February 9, 1971. On motion of Councilman Peterson, seconded by Councilman Wohlers the date of February 9, 1971 at 7:30 P. M. was set for the hearing for the sewer and water for the Municipal State Aid Streets and also for this particular area on Third and St. Croix Avenue. (After further discussion, Councilman Peterson withdrew his motion, and Councilman Wohlers withdrew his second). Mr. Elliott then stated that they will have to revise the list of streets to be done for bituminous matting, and reconstruction and add St. Croix Avenue from Second to Third and Third from St. Croix Avenue to Stillwater Avenue and Third from Wilkin to St. Croix. Discussion was held about including Sixth Avenue from East Orleans to East Churchill and that the storm water separation would be done in this area only at a cost of $44,000.00 and the sewer separation would be $38,000.:.0. Councilman Lammers asked about. North Street which is the little street by Deno's Store and felt that this should be deleted from the project since it is just a little alley type street. It was agreed that possibly it could be matted but not reconstructed. Mr. Elliott suggested that South Second Street from Easc Willard to East Walnut be matted and Councilman Lammers questioned why not run it down to Pine Street. On motion of Councilman Peterson, seconded by Councilman Wohlers a resolution was introduced ordering the 1971 street program, Local Improvement No. 98 and ordering final plans and specifications. (see resolutions). • e • (January 12, 1971 - continued) 3 48�> • • The City Clerk's office was requested to publish a news release on the streets that will be done in 1971. COMMITTEE REPORTS Public Safety 1. The matter of the fire ladder truck was discussed and it was the feeling of the public Safety Committee that they would like to advertise for bids returnable the second meeting in March. Capital investment was not necessarily in the budget as this can be done on the sale of bonds. The specifications indicate they are looking for a dual engine and there is going to be only what is absolutely necessary and it is tailored for Stillwater's needs. After the bids come in then the Council can determine how to get the money.. On motion of Councilman Peterson, seconded by Councilman Wohlers that the Recommendations of the Public Safety Committee be followed for the ladder truck for the Fire Department and the City Clerk be directed to advertise for bids returnable on March 23, 1971 at 7s30 P. M. 2. Mr. Dean Charlsen will appear at the January 26, 1971 Council meeting in reference to a new siren system which will come to about $8,000.00. 3. Mayor Powell stated that he felt that it would be a good piece of business on the part of the City of Stillwater to consider putting in the concrete floor on the lower level of the Municipal Building as we do have things stored there. It could be used with a concrete floor and it was his recommendation that the Administrative Committee or the Public Works Committee investigate the possibility of doing this. They could check with the Bookkeeping Department as far as budget is concerned as to whether or not we could do this. Councilman Lammers felt that this was Public Works. Councilman Peterson stated that the Civil Defense should be involved. Chief Abrahamson stated that for Federal Aid it would come under Civil Defense. On motion of Councilman Lammers, seconded by Councilman Peterson that the Public Safety Committee explore this problem of putting in a concrete floor in the sub -basement of the Municipal Building and report back at the next regular meeting. Mayor Powell requested that all Councilmen receive a copy of the 1971 Budget as well as the Department heads. PUBLIC WORKS No report ADMINISTRATIVE COMMITTEE Councilman Lammers stated that the Committee will have a meeting prior to the next regular Council meeting on January 26th. • • • • 484 (January 12, 1971 - continued) • PARES AND RECREATION 1. Mr. Blekum reported that the Lily Lake Project is moving along mighty slow. The work by peninsula Construction Co. is dragging and he requested that a thorough investigations of that project be made before we allow any payments to this firm. They are presently two months behind as it should have been completed by November 10, 1970. 2. Mayor Powell had sent a memo to Mr. Blekum regarding kids slidding on West Hickory Street between Everett and Martha and requesting that possibly some areas could be set aside near the golf course for the kids to slide on. stated that the where lthemmothers can watch little kHesfelt lthatd rthere ll ireallyderwatheir homes sn't any City owned property in the area that could be used for this purpose. 3. Mr. Blekum reported on the possibility of a skating rink in the Fairmeadows area as requested by Mr. Rots. The area they are presently using is in the Wild Pines Association on a pond which is to the west of Fairmeadows Park. He stated there is no way to drive in there and clean this area off. He stated that the areal! the Lily Lake School is very limited and there is no hydrant available for flooding. He recommended that the rink be at Meadowlark Park but the access is very poor. They would have to remove the curb and put in a drive from Crestwood but there is no water near the place. A watermain would have to be run into the park area. He could get the rink next year and then get a warming house. 4. Mr. Blekum reported that the Recreation Committee is considering the hiring of a professional skating instructor on a fifty-fifty basis. 5. Mr. Newquist will finalize the plans for the fencing and this portion of the Lily Lake Project will be coming up for bids before too long. 6. Mr. Blekum stated that in this year's budget he is to trade-in the John Deere Tractor on a new one. We have all the attachments and we would be r. He stated tha trading ly the Tractorasic dealerainothe area. He had treceivedua figure ofthe $1.026.00 from Gardy Tune Up for the cost of the tractor with a $700.00 trade in for the old tractor. Mr. Kimmel stated that we would have to get more than one quotation even though we are looking for a certain make as the amount is over $1,000.00 On motion of Councilman Lammers, seconded by Councilman Wohlers that the City Clerk be directed to advertise for bids for a John Tractor per Mr. Blekum's recommendation, said bids to be returnable at 7:30 P. M. on February 23, 1971. 7. Contracts for the use of the City Owned Property in St. Wisconsin was discussed, Mr. Kimmel stated that this would people who are interested in that should be taken to those that are The City could run an ad but that in this. Croix County, have to be described to the list of type of operation or these specifications interested and let them submit a proposal. won't reach the prople that are interested On motion of Councilman Lammers, seconded by Councilman Wohlers the proposed contracts and specifications were accepted and the City Attorney and the Recreation Commission were to work out the details as to how we are going to facilitate this project. • • e (January 12, 1971 - continued) CITY ATTORNEY'S REPORT Mr. Kimmel reported that one appeal has been received on the land condemnations in connection with the Pine Tree Trail project and when the time has expired he will ga into this matter again with the Council. ORDINANCES On motion of Councilman Wohlers, seconded by Councilman Peterson the Clerk made the second reading of an ordinance ontitled "AN ORDINANCE PROHIBITING SMOKING IN CERTAIN PLACES 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. SNOWMOBILES Discussion was held regarding the speed limits for snowmobiles and questions were raised about the enforcement of something like this, and it was felt it would be a problem. Chief Abrahamson said he would go along with the stop and go at the intersections as the speed would be harder to police. Mr. Kimmel stated that ..t is going to be hard to follow such a snow- mobile - it is fairly difficult to determine speed on a city street. Chief Abrahamson questioned how many cases would the City ever win in court. Mr. Kimmel: Enforce of the automobile in Councilman Wohlers: should be set at 25 Councilman Peterson: or attempt to enforce them the same as the speed the City of Stillwater. What is the speed limit on them? Snowmobiles miles per hour within the city limits. I think if they yield at every intersection. Mayor Powell: Where there is no stop sign, the snowmobile must then yield. Chief Abrahamson: What happens if we have an accident. I don't think number one that it would stand up. Mr. Kimmel: If we did pass an ordinance maybe we should give careful consideration to the right-of-way situation. It is a civil result in the case of an accident. Chief Abrahamson: Could the City be brought in as a third party situation if we had an accident? Councilman Peterson: If it is going to be a problem then probably we should make them atop. Discussion followed regarding the hours of operation - one suggestion was 10 o'clock P. M. to 7:00 o'clock A. M. The present ordinance reads 12 midnight to one-half hour before sunrise. Councilman Wohlers: I would recommend 11:00 P. M. to 7:00 A. M. Mayor Powell: I would say 11 o'clock to sunrise. Councilman Lammers: On weekends as long as they are coming tt k into town, that is difficult to enforce. If he is going around and around a block, then give some consideration. • 485 a • 486 • (January 12, 1971 - continued) • • Jack Jewell: Are we having any problems here? Chief Abrahamson: The people calling in are the elderly people and the use of the snowmobiles on the sidewalks. Most of the complaints are after 11 o'clock at night. The majority that got out of town will come back late. John Cass: Can't you encourage the people to come back into town earlier? Citizen: How do we enforce noisey mufflers on automobiles? Start with the manufacturers to get decent mufflers on these machines. Councilman Lammers: This is in the statutes and we are adopting this by reference. Mr. Hejny: You are concerning yourselves with the right of the snow- mobilers and not the non-snowmobilers. As far as hours I say you should give equal time - twelve to each. Councilman Wohlers: I move that we set the hours from 7 o'clock A. M. to 11:00 o'clock P. M. on Sundays through Thursday and 7 o'clock A. M. to 12 o'clock midnight on Friday and Saturday. Councilman Lammers seconded the motion. (all in favor). Chief Abrahamson at this time requested that the Council give him permission to have a volunteer snowmobile patrol of six men to enforce this ordinance. Mention was made about taking the numbers of these machines but Mr. Kimmel pointed out the fact that this will identify the owner but not necessarily the driver and you would then have nobody to prosecute. Mayor Powell requested that there be a news release on this ordinance and also a list of the State Aid Streets in Stillwater where the snow- mobiles are not to run. On motion of Councilman Wohlers, seconded by Councilman Lammers the Clerk made the second reading of an ordinance entitled "AN ORDINANCE REGULATING THE USE AND OPERATION OF SNOWMOBILES IN THE CITY OF STILLWATER AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND REPEALING ORDINANCE NO. 437". 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. RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Accepting the Agreement with Firefighters Association Local No. 1922. 3. Appointment of Deputy City Clerks and Treasurers - LaVonne Simon and Jeanette Lowry. 4. Authorizing Repurchase of Bonded Obligations - 1963 Parking Facility Bonds. 5. Order Improvement and Final Plans and Specifications for Local Improvement No. 98-1971 Street Construction. • (January 12, 1971 - continusd) 487 ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Lammers the meeting adjourned at 10:50 P. M. Attest: 1/4;1;•tea -/i Act(ng City Clerk Mayor