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HomeMy WebLinkAbout1961-01-10 - 1961-12-27 CC MIN• 321 .01 Council Chamber Stillwater, Minnesota January 10, 1961 7:30 P.M. Regular Meeting The City Clerk administered the Oath of Office to Councilmen elect Dean Cnarl- sen and John L. Jewell. The meeting was called to order by President Madsen. Opening prayer by the City Clerk. Present: Councilman Charisen, Jewell, Simpson, Tennant and President Madsen. Absent: `lone. l e d d n oftCouncilran Se impf so n.lsecondn dhbylCoun ncilmanTennant, the oaths were oil accepted and ordered filed. On motion of Councilman Simpson, seconded by Councilman Tennant, minutes of the following meetings were approved: Regular Meeting, December 6, 1960, 7:30 P.M. Regular Adjourned Meeting, December 12, 1960, 030 P.M. Special Meeting, December 19, 1960, 10:00 A.M. Councilman Tennant nominated Councilman Charlsen for the office of Vice Pres- ident of the Couacil. On motion of Councilman Simpson, seconded by Councilman Tennant, nominations were closed and the City Clerk was instructed to cast a unanimous ballot for Councilman Charlsen, and Councilman Charlsen was declared elected Vice President of the Council. Councilman Charlsen nominated President S:adsen, Councilman Simpson and Council- man Jewell to serve on the Board of Equalization. On motion of Councilman Tennant, seconded by Councilman Charlsen, nominations were closed and the City Clerk was instructed to cast a unanimous ballot for the three members nomina- ted and President Madsen, Councilman Simpson and Jewell were declared elected members of the loard of Equalization. Councilman Charlsen nominated Councilman Jewell and Tennant to serve as Com- missioners of the Sinking Fund. On motion cf Councilman Charlsen, seconded by Councilman Simpson, nominations were closed and the City Clerk was instruct- ed to cast a unanimous ballot for the two members nominated and Councilman Jewell and Tennant were declared elected Commissioners of the Sinking bound. Mayor Madsen announced the following committee appointments: Mayor Madsen, Police Department and Finance. Councilman Charlsen, Parks, Public buildings, Library andnWater Department. Councilman Jewell, Street Department, and Street Lighting. Councilman Simpson, Fire Department, Recreation and Band. Councilman 'Tennant, Recreation, Health, Sanitation and Sewer System. • • . 322 r • • APPLICATIONS On motion of Councilman Tennant, seconded by Councilman Simpson, cigarette licenses were granted to the following: Icel. F. Preault, 226 East Chestnut Street. Walter Skyberg, Maple Island Canning Plant, 'Lrth Main Street. On motion of Councilman Tennant, seconded by Councilman Charlsen, a soft drink license was granted to dcel F. Ereault, 226 East Chestnut Street. On motion of Councilman Tennant, seconded ty Councilman .,ewe11, a taxi cab license was granted to Victor Y. Prescott, doing tusiaess as Stillwater Taxi for the year 1361, four cabs at the rate of E15.00 per cab, total license fee, 460.00. COMMU IICATIONS From George V. Stennes, Chairman, Local Planning Commission, which read as follows: Enclosed is a communication from the secretary of the Stillwater Business and Professional Women's Club regarding Lucille's lea dooms. This is being for- warded to the Council for their information and consideration. Since any ac- tion taken by our group would be based on Planning and Zoning considerations cnly I presume we will be notified through our secretary if a recommendation of the Planning Commission is desired in this matter." On motion of Council- man Charlsen, seconded by Councilman Simpson, this matter was referred back to the Planning Commission. From George V. Stennes, Chairman, Local Planning Commission, which read as follows: "Enclosed is a communication from the secretary of the Stillwater Chapter of the Order of Eastern Star regarding Lucille's Tea Rooms. This is being for- warded to the Council for their information and consideration. Since any action taken by our group would be based on planning and zoning considerations only I presume we will be notified through our secretary if a recommendation of the Planning Commission is desired in this matter." On motion of Council- man Charlsen, seconded by Councilman Simpson, this matter was referred back to the Planing Commission. From the American Casualty Company, which read as follows: "On the date of December 9, 19b0, Mrs. Viola Brown, 1221 Third Avenue South, Stillwater, Minnesota, was walking in a general easterly direction on East Chestnut Street on her way to Hicks Tailor Shop at 225 East Chestnut Street. Mrs. Brown slipped and fell on the sidewalk immediately in front of 225 East Chestnut and as a result broke a small bone beneath the thumb of her right hand. The American Casualty Company insures under its liability coverage for the Stillwater Auditorium Corporation which owns the buildings on East Chest- nut Street from 219 to 237 inclusive. The purpose of this letter is to ad- vise you that it is our opinion from our investiation that the proximate cause of the accident was the defective sidewalk which is maintained by the City of Stillwater. This is to further advise that the City of Stillwater, its agents, representatives, employees, and officers were negligent and care- less in failing to properly maintain said sidewalk. w.e do not believe that our insured is legally liatle for Mrs. Brown's injury and this notice is furnished you under Minnesota Statute 465.09. in the event the American Cas- ualty Company 1s obligated to pay any moneys to Mrs. brown as a result of this fall we shall look to and demand from the City of Stillwater full reimburse- ment." The City Clerk informed the Council members that copies of the letter have been mailed to the City Attorney and the Krog Agency. r Wig • • • w -� 323 • • PETITIONS A petition with 28 signatures was presented which read as follows: "To the City Council of the City of Stillwater, Minnesota, petitioners repre- sent and show: 1. That they desire the annexation to the City of Stillwater of the follow- ing described tracts of land situated in the County oi' dashington, State of Minnesota, to wit: Lots 1 to 10 both inclusive, and Lots 21,2,25,2b,27,40 and 41, Fairmeadows No. 1, according to the map cr plat thereof on file, and of record in the office of tne Register of Deeds in and for said county and state. 2. That the lead proposed to be aanexed is all platted property. 3. Petitioners constitute a majority of the owners in number of the leads herein requested to be aanexed. 4. That the proposed annexation is for the best interests of the City of Still- water and of the property affected thereby. 5. That this _petition is made pursuant to Minnesota Statutes, Section 414.03, Subdivision 7. Therefore petitioners pray that the City Council of the City of Stillwater upon the filing of this petition and the holdiag of a public hearing thereon enact an ordinate in accordance with law, annexing the lands as herein set forth." Cn motion of Councilman Charlsen, seconded by Councilman Jewell, this matter was referred to the City Attorney for the necessary legal steps to comply with the request. DELEGATIONS OR INDIVIDUALS Mr. George Eutz appeared before the Council and inquired if any further pro- gress has been made to mark Lake Street leading to Lily Lake to avoid tres- passing on private property. Two members of the Business and Professional Women's Club, namely Mrs. Ed Berglund and Mrs. Ruth Newman, appeared before the Council and stated that tne members of the organization felt that a permit should Le granted to Mrs. Lu- cille Carlson to operate a tea room at 713 Nest Olive Street. Mr. Leighton Charlsen who presently holds a license to collect and dispose of garbage in the City of Stillwater, appeared before the Council and stated that due to increased costs of operations he has found it necessary to increase the rates for garbage collection and disposal amounting to about $1.00 per year. UNFINISHED BUSINESS This was the day and time set for the hearing on the proposed work of construct- ing sanitary sewer connections from the main sewer to the property lines of the ' following described lots consisting of approximately 180 lineal feet of 6 inch V.C.P. or 6 inch C.I.P.: Lots 1U,11,12 and 13, Block 9, McKinstry and Seeley's First Addition. Lots 1, 2, and 3, Block 5, MoKlastry and Seeley's First Addition. Lots 10,11, and 12, Block 5, McKiastry and Seeley's First Addition. Lot 1, Block 11, Walter Nel- son's Lakeview Addition. Lot-3, Block 11, dalter Nelson's Lakeview Addition. Lot 4, Block 10, Walter Nelson's Lakeview Addition. No one appeared before the Council who objected to the doing of tee proposed work as outlined above. COMMITTEE REPORTS Councilman Charlsen 1. He reported that it was necessary to purcnase a used oil circulating heater for use in tasement apartment of city owned house oa North Fourth Street (for- merly old Methodist parsonage). 2. He inquired if any plans are underway at the present time to complete nec- essary work in ccnnection with the MoKusick Lake dam. Mayor Madsen informed him that he did not nniw about any immediate plans for completion el' said dam. .we • • 324 • • Councilman Jewell 1. Yew international truck for use in street department has been delivered. Adaitioaal parts will to installed sc that tno snLW plow can be attached to the truck at a cost cf about W60.00. 2. Gas heat units and necessary lights have been i,stalled in the new street garage. 3. New electric service to accomodate city buildings and equipment has been installed in the new street garage. Councilman Simpson 1. Skating rinks in excellent condition as of this date, but problems have arisen in the past due to sand and coal being dumped and spread on the rink surface by youngsters using same. War Madsen. 1. Stated that Yr. William Banister had called him and invited the Council members to accompany him on an inspection tour of the sewage treatment plant and facilities in the near future. The Mayor instructed the City Clerk to arrange for a definite date with Mr. Banister for the tour and inform the Council members of tne date agreed upon. NEW BUSINESS Assessment roll covering sanitary rry wer inthe hffollowing nngstreetsakknown sented: Local improvement No. 22-1959 prepared by 1. West Pine Street from South Sherburne Street to Borup Street. 2. South Seeley Street from Vilest Pine Street to West Olive Street. 3. South Brick Street from ;est Cak Street to North Shore of Lily Lake. 4. West Oak Street from South Seeley Street to South Prick Street. South Grove Street to South Sherburne Street. 5. South Grove Street from West Olive Street to West Fine Street. 6. South Hemlock Street from West Clive Street to West Pine Street. 7. West Olive Street from South Center Street to Oak Street. 8. Easement over property from South Brick Street to Lot 5, Flock 3 of North Lily Lots. On motion of Councilman Charlsen, seconded by Councilman Simpson, the fore- going assessment roll was ordered riled in the office cf the City Clerk and the Clerk. was directed to give notice that at 3r aidolM been l nas consider filed aand etthat tptn 1 Council will meet on February 7, 96 on said assessment. Assessment roll covering sanitary sewer lift station to serve the following area know as Local Improvement Ao. 22-1959 as prepared by tne City Engineer was presented: North line of Blocks No. 16 and 29, a line dividing Blocks 1-8 and 15 in an East West direction of McKinstry and Seeley's Additions and a line dividing Flock 3 in an East 'West direction of Fullerton's Addition. South line of Section 28 and 29; on the East by a line described as follows: the Zest a of Blocks 2 and 3 and all of Flock 1 except Lot 1 of Fullorton's Addition and Lots 2 thru 7 of Block 1 and Lots 1 thru 6 of Block 3 of North Lily Lots Addition; on the west by the West line of Blocks 26,27,28 and 29. On motion of Councilman Cnarlsen, seconded by Councilman Simpson, the foregoing assess- ment roll was ordered filed in the office of the City Clerk and the Clerk was directed to give notice that said roll nas been filed and that the Council will meet on February i, 1961 at 7:30 P.M. to consider and act upon said assess- ment. Assessment Lroll covering water main as rewired tytheCityEngineer Prsinntie lstreets rresented: as West Iineovereet r. Z1out53 1. West Pies Street from Southf Hemlock Street to vest street. 2. South ':.est Street from West fine Street to Olive Street, water tank. 3. South Seeley Street from West Oak Street to West Willard Street. L. South Frick Street from West Oak Street t o .vest Pine Street. West 'Willard Street to 13/.4 feet north. 5. South Hemlock Street from best Pine Street to 177 feet south. b. 'West 'Willard Street from South Seeley Street to South Brick Street. (. Lake Drive from nestWillard Street to 560 feet south. 8. Easement over property from South Crick Street to South Hemlock tneStreet. arsesa- On motion of Councilman Cnarlsen, seconded by Councilman Simps:,n, meat roll was ordered filed in the office of tne City Clerk and tne Clerk was directed to give notice that so! ' idrollP has Leeao s` ied filedrand that tne hat uponcouaciassess- will meet on Fetruary 7, said meat. • • • 325 • • The City Cleric read a notice of ap.eal to the ....strict Court from the findings and decision of the Board seloc.ed to hear the oherge.s filed against aussell L. Bonse by the City of Stillwater. 0n motion of Ctuncilman 'iennaat, seconded by Councilman Jewell, the notice Was ordered filed. The clerk read the following notice of claim against the City: "Notice is hereby given that tne undersigned, Violet H. Erlitz, fell upon Neter Street in the City of Stillwater at the rear of tne building located at 317 -.i South Main Street in said city and that as a result of said fall the uhder- signed, Violet H. Erlitz, was injured and sne has required medical attention. That said injury is permanent as a result of said fall. That said fall was the direct and proximate failure of the City of Stillwater to maintain said area free from doles in said street. That said injury occurred on December 16, 1960 at or about 12:50 o'clock P.M. That Barren A. tirlitz, the undersigned, being the husband of said Violet H. Erlitz, joins in this notice and that as the P" spouse he has incurred medical expenses as a result of said fall. That the undersigned claim, damages, and medical expenses in tne amount of :510,0u0.00. L.; Dated this 29th day of December, 1960." The Clerk informed the Council mem- bers that a copy of said notice has been mailed to tne Krog Agency and the City Attorney. Said notice mailed on December 30, 1960. kW* On motion of Councilman Charlsen, seconded by Councilman Tennant, Insurance Policy No. 7870119 issued by the Great American insurance Company of New York covering aqua lungs and miscellaneous equipment in the amount cf 4500.00 was approved and ordered filed. Fire Chief Lawson reported that the Stillwater Fire Departmeat responded to a call to tne Elizabeth Stahl residence in Oak Perk. The call should have been made to the Bayport Fire Department because the Oak Park area is under contract with Fayport. He inquired if the charge for the call should be billed to the Bayport Department or Mrs. Stahl. The Council members were of the opinion that Mrs. Stahl should be billed for the run because of the mutual aid agree- ment with the Bayport Fire Department. On motion of Councilman Charlsen, seconded by Councilman Simpson, the annual report of the Fire Departmeat covering the year 1960 was approved and ordered filed. On motion of Councilman Charlsen, seconded b y Councilman Simpson, the Building Inspector's reports covering activities during the Month of December,1960 and summary of building activities for the year 1960 were approved and ordered filed. ORDINANCES None. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the payment of bills. 2. Ordering hearing on proposed additional assessments in connection with Sewer Improvement :to. 1-1959. 3. Determining to proceed with the work of constructing sanitary sewer con- nections from main sewer to property lines. ADJCURNR•.ENT On motion of Councilman Charlsen, seconded by Councilman 'to4nant, meeting ad- journed at 9,51 P.M. Attest: lee City Clerk Mayo • • • • :326 Council Chamber Stillwater, Minnesota February 7, 1961 7:30 P.M. Regular Meeting. The meeting was called to order by President Madsen. Opening prayer by the City Clerk. Present: Councilman Charlsen, Jewell, Simpson, Tennant and President Madsen. Absent: None. On motion of Councilman Charlsen, seconded by Councilman Simpso.i, minutes o following meetings were approved: Regular Adjourned Meeting, December 28, 1960, 7:30 F.M. Regular Meeting, January 10, 1961, 7:30 P.M. APPLICATIONS onsmomotion one granted to of Councilman Charlsen, seconded by year Councilman Simpson, cigarette lic- e Donald Michaelson, 108 SouthThird ChestnutSet treet Marius P. Andrewson, 207 East On motion of Councilman Tennant, seconded by Councilman Simpson, soft drink lic- enses were granted to the following for the year 1961: Donald Michaelson, 108 South Third Street Ray Schultz, 250 North Main Street Raymond 'Law, City Hall On motion of Councilman Charlsen, seconded by Councilman Simpson, the follow- ing wisconsin,Vfore the gperiod from November 1,ranted to Leonard A. d1960nto5 November27 n1,n1961: Hudson, Amusement Machine Operator's license, $25.00. 3 amusement machine licenses, 8 $5.00 per machine, $15.00. 1 music machine license, $10.00. On motion of Councilman Charlsen, seconded by Councilman Tennant, an Off Sale 3.2 beer license was granted to John Hooley, doing business as Hooley's Super Market at Water and Myrtle Streets. Applications from Ralph B. Otte, 517 North Owens Street, for On and Off Sale 3.2 ber lcenses were pesentebut oncco nt trictewereiautomaticallyrcarried over to the unext fregular being lmeeting n the ofresidential theCouncil on March 7, 1961. On motion of Councilman Charlsen, seconded b Coun dean Tennant, businessasCarl- lic- son was granted to Donald Nolde, 224 South g son Cab Company, for the year 1961. Four cabs at the rate of $15.00 per cab, total $60.00. r. 327 • • COMMENICATIONS From George Pozz,ni, Armory Bo.sd Chairman, requesting annual appropriation for the maintenance of the Stillwater National Guard Armory for the year 19E0. (See resolutl. en) From Daniel J. Welne., Chief Construction Grants Section, Department of Health, Education and Welfare, Regional Office, Kansas City, Missouri, addressed to Mayor Madsen, which read as follows: "Attached is your copy of approval of grant payment for construction of waste treatment works. The payment will be in the amount of $103,500.00. This amount plus previous payment brings the federal payments to 90% of the total federal grant. The payment is being processed and the City will receive It In the near future." On motion of Councilman Tennant, seconded by Councilman Simpson, the letter was ordered filed. From the St. Croix Barge Terminal Company, which read as follows: "Enclosed is our check No. 1740 in the amount of $1,915.56 as rent for the prop- erty used by this corporation according to the terms of the lease of September, 1958 between the City of Stillwater and the St. Croix Barge Terminal Company. Following is a statement of tonnage moved over the terminal during the year 1960: Coal, for prison, 7,704 tons. Air Force, 2,823 tons. Domestic use, 6,154 tons. Phosphate, 26,208 tons. Total tons, 42,889. S.05 per ton on 20,000 tons, $1,000.00. 3.04 per ton on 22,889 tons, It 915.56. To-L.l, 31,915.56. We are pleased to report that considerable improvement was made in 1960 to the dock fee:lines. We have an open offer to purchase fill to anyone who may have adequate fill so that we can continue to extend the storage area and trackage. Interest of shippers in bulk commodities In the Stillwater dock is increasing each year. The completion of Highway 36 has been of help and if and when the rall and truck rates to and from Stillwater can place Stillwater in a competi- tive position with the Twin Cities the local dock should pick up substantial additional business." On motion of Councilman Simpson, seconded by Councilman Tennant, the letter was ordered filed. From the League of Minnesota Municipalities, in regard to municipal short courses to be held at the University of Minnesota through its Center for Continuation. On motion of Councilman Charlsen, seconded by Councilman Tennant, the City offi- cials were authorized to participate in the various short courses and all legal expenses In connection with same will be paid by the City. Copy of a letter written by James L. Douvllle, city attorney, to Mr. W. B. Ma- hood, which read as follows: "At a meeting of the City Council held on November 22, 1960 I was Instructed to write to you and request the immediate removal of a fence erected upon public property known as Ridge Lane Drive adjacent to the part of vacated Broadway Street in Block 32 of Carli and Schulenberg•s Addition now owned by you. Upon conferring with the City Engineer I find that said fence encroaches upon the street in question for distances ranging up to a maximum of five feet. Be that as it may, the Engineer advises that grading work done upon you" property and upon the public property aforesaid, has created a drainage problem which could well result In damage to the improved portion of the street. Assuming that the facts presented to me are accurate and true there would seem to be no dispute as to the legal rights involved and it would not appear unreasonable to anti- cipate prompt and proper action on your part to rectify the situation or an explanation of any contrary position you may hold." sw 328 • • From L. P. Zimmerman, Co=missloner of Highways, State of Minnesota, in the form of a notice of annual apportionment of Municipal State Aid Street Fund for the year 1961 which showed the following allotments to the City of Stillwater: Maintenance, $10 965.00 Construction, $^36i,241.00 Total : .11otment, 147,206.00 Copy of a letter written by James L. Douville, city attorney, to Harold Foster, Manager of the Water Department, which read as follows: "You have requested information concerning procedural requirements to be ob- served by the Board of Water Commissioners in making certain lateral water con- nections and assessing the costs thereof upon benefited property. It is my understanding that the connections in question as well as similar sewer and Ras connections are being considered as a prelude to contemplated surfacing of the street or streets in which such connections are to be laid. It my opinion that before proceeding Independently In the matter of sewer and water connec- tions the City Council and the Water Board should consider the feasibility of including the lateral water and sewer connections in the street improvement contract and assessing the cost thereof as In the case of other local improve- ments, pursuant to Article 9, Section 214 of the Clty Charter." From Mr. Arthur H. Zehnder, 1215 West Olive Street, which read as follows: "To whom it may concern: On January 23, 1961 I received an added assessment notice for something about the sewer again. I don't believe I am required to get this assessment as the property I now own has had sewer and water service for years. If you will check your files you will see this. I have already paid the 1100.00 assessment of lest year 1960 and have been paying the added service charge of $5.00 for each three months so I object to this assessment as long as all In our block already had sewer for years." The City Clerk explained that there was an error In the original assessment roll but that same has been corrected by the Clty Engineer. From the State of Minnesota, Department of Health, in regard to sewage works operator's school to be held on March 6,7,8, 1961 at the University of Minne- sota, through its Center for Continuation. Councilman Tennant stated that Mr. Jack Shelton and one of the operators will attend the sewage works operator's school. From C. J. Thompson, Secretary of the Planning Commission, In regard to Lucille's Tea Rooms located at 713 West Olive Street, which read as follows: "Recommendation of the Planning & Zoning Commission on the request of Mrs. Lu- cille Carlson for a t , room and catering service at 713 West Olive Street. That approval of request for special use of property at 713 West Olive Street be granted to the present owner, Mrs. Lucille Carlson on a temporary basis, same to be operated as a tea room on a group basis by apiolntment only and including receptions and catering service. This permit be granted for a twelve month period and be subject to renewal and to final zoning plan to be adopted. That permit be not transferrable and owner be notified that it may in the future be rescinded." On motion of Councilman Simpson, seconded by Councilman Charlsen, It was decided to follow the recommendation of the PL• ining and Zoning Commies - ion and grant a special use permit to Mrs. Lucille Carlson as outlined in the letter from the Planning Commission. From Mr. C. J. Thompson, Secretary of the Planning and Zoning Commission, which read as follows: *The Planning Commission requests that all future requests for special use or non conforming permits be In writing and the applicant for same state all essen- tial facts relating to the item to be considered." From Mrr. George Bancroft, announcing her resignation from the Library Board, On motion of Councilman Simpson, seconded by Councilman Tennant, the resignation was accepted with regret. Mayor Madsen then announced the ai.yointment of Mrs. Roderick Lawson to the Library Board to replace Mrs. George Bancroft and on motion of Councilman Pennant, seconded by Councilman Simpson, the Mayor's al.point- ment was confirmed. • 329. • • PETITIONS A petition with seven signatures was presented which read as follows: "We, the undersigned, are very much in favor of having Mrs. Lucille Carlson carry on with her plans as Lucille's Tea Rooms located at 713 West Olive Street." DELEGATIONS OR INDIVIDUALS Mr. Carl Palme, attorney representing Mr. Skonglun, appeared before the Council and explained that his client was not entirely satisfied with the easement arrangement granting ingress and egress to property owned by him because the present easement could be revoked should his client decide to dispose of the property sometime in the future and requested that the Council consider grant- ing a permanent easement which could not be revoked by future Council action. The Mayor instructed the City Engineer to check into this matter and report at the next meeting of the Council. Mr. George Kutz appeared before the Council and stated that he had been informed from a reliable source that the State of Minnesota will purchase land if same Is used for access to certain lakes. He suggested that the Council look into this matter and that it might apply in connection with acquiring land west of the present Lily Lake bathing beach. UNFINISHED BUSINESS This was the day and time set to consider and act upon assessments which have been made upon and against real estate benefited to defray the costs of construct- ing a sanitary sewer and a sanitary sewer lift station. Sanitary sewer In the following streets: West Pine Street from South Sherburne Street to Borup Street. South Seeley Street from West Pine Street to West Olive Street. South Brick Street from West Oak Street to North shore of Lily Lake. West Oak Street from South Seeley Street to South Brick Street. South Grove Street to South Sherburne Street. South Grove Street from West Olive Street to West Fine Street. South Hemlock Street from West Olive Street to West Fine Street. West Olive Street from South Center Street to Oakes Street. Easement over property from South Brick Street to Lot 5, Block 3, of North Lily Lots. Sanitary sewer lift station to serve the following area bounded by the follow- ing lines: North line of Blocks No. 16 and 29, a line dividing Blocks 1-8 and 15 In an East West direction of McKinstry and Seeley's Additions and a line dividing Block 3 in an East 'West direction of Fullerton's Addition. South line of Sec- tions 28 and 29. On the East by a line described as follows: The West z of Blocks 2 and 3 and all of Block 1 except Lot 1 of Fullerton's Addition and Lots 2 thru 7 of Block 1 and Lots 1 thru 6 of Block 3 of North Lily Lots Addit- ion. On the �'cst by the West line of Blocks 26,27,28 and 29. (Known as Local Improvement N,:. 22-1959). Mayor Madsen then asked the City Clerk to read the assessment notice and after same was read by the Clerk he then inquired if the notice was duly published according to law and the Clerk informed him that the notice was duly published and that a co_y of said notice was mailed to all known property owners affected. The City Enfineer then explained the assessment roll in detail. Mayor Madsen then inquired if there was anyone present who objected to the assess- ments. Mr. William Forsblom inquired if he is being assessed for sanitary sewer. The City Engineer informed him that his property is not being assessed for sanitary sewer but for sanitary sewer lift station. He stated that he was not connected to the sewer system and inquired why he should be assessed for the lift station. The Building I„spector informed him that state law provides that when a sani- tary sewer is available the property owner is required to connect to the sewer system. • 330 Mr. Clifton Hntsey st tel. that in his opinion he should not be required to pay an assessment for sanitary sewer lift station on land being used by him which actually 1s a platted Partway known as the old race track road. Mayor Madsen then Inquired of the thet sanitaryer If y sewerthere was somlift station. w Mileay o adjust Mr. City Engineer suggest- asessmnt edsthatethecoverinCouncll might consider the relocation of Borup Street south of Fine the Halsey cassessmentobabfort sanitary sewerremedy liftthe stationt situation Sn regard to for and eMr. HrolPaley stated that he ntlyaplattedu for street purposes w known as saso b the old eing assessed track road. that is pres- road After all present were given an opportunity to be heard the Mayor then y d the hearing on assessments coft Station. nLocal Improvement No. 22-1959, hem clo Sewer and Sanitary. SewThis was the day and time set to consider and act upon assessments which had been made upon and against real estate benefited to defray the cost of construct- ing water main extension In the following streets: West Fine Street from South Hemlock Street to West Street. South West Street from West Fine Street to Olive Street water tank. South Seeley Street from West Oak Street to West Willard Street. South Brick Street from West Oak Street to West Fine Street. West Willard Street to 139.4 feet north. South Hemlock Street from West Pine Street to 177 feet south. West Willard Street from South Seeley Street to South Brick Street. Lake Drive from West Willard Street to 560 feet south. Easement over property from South Brick Street to South Hemlock Street. Mayor Madsen then asked the City Clerk to read the assessment notice and after said notice was read he then inquired if the notice had been duly published as d him prequired yublishedbaslrequired byt law land that raecopy ofh said at hassessment e notice adulyd been notice was mailed to all known property owners. The Engineer then explained the assess- ment roll in detail. Mr. Walter Nelson inquired if the cost of the 12 inch water main was spread over the entire project. The Clty Engineer informed him that the cost has been spread over the entire project. Mr. Clifton Halsey inquired if it was necessary to install a 12 inch water main. Mr. Harold Foster, manager of the Water Department, informed him that the consult- ing engineers had recommended the Installation of a 12 inch main. Mr. Halsey then Inquired if the City as a whole is benefited by a 12 inch water main. Mr. cFoster statdonnectionse Int the generalaarea. r improve Halsey feltw that some ater eofm athe nd bcost i for t future hat it Irobbly the 12 inch main should be paid by the City. Mr. Walter iNelson felt the ebornby the owners should Cityonly pay the cost of a six inch manand the balance should be Mr. Halsey inquired if a hearing was held on the water main extension. Mayor Madsen Informed him that a hearing was held. Mr. Halsey stated that he was being assessed on land used by him which is platted for street purposes. After everyone present was given an opportunity to be heard the Mayor closed the hearing on the assessment covering water main extension Local Improvement No. 27-1959. M... John Thoreen appeared before the Council representing the Chamber of Commerce in regard to a new building part of which would be used for Chamber of Commerce ofri^.es. This matter was presented to the Council some time ago by the Chamber and was laid over pending further study. Mr. Thoreen stated that a subcommittee appointed by the Chamber reported their findings to tto he had City Attorh torney yaldfewmmlt tee lays ago. Mr. Douville, City Attorney, recently and Informed them tht the City has authorl.ty to provide funds for 'con- srucion of building in the yotantial3governmental purpose. Mr.wn a Thoreenrea v sttateded li thatat h the e uestimated ing will cost of a suitable building le .20,,000.00 and th:.t the Chamber 1e in a position to Pay rent of about 4109.00 to �5125.00 ler month including heat and light. Mayor • • ha h 1 • 331 • Madsen stated that additional time Is required to study this matter and therefor, it w•as laid over to the next meeting of the City Council. COMMITTEE RETORTS Councilman Charlsen 1. Stated that a recent survey of insurance coverage revealed that the City does not carry boiler insurance covering the Library and Fire Department, and that the old buildings formerly used for election purposes, one of which is located at the City Dump and two at the City's gravel pit, are covered for fire and extended coverage and in his opinion should be dropped from the insurance schedule. He suggested that the Council consider insurance coverage for City records. Councilman Tennant inquired of Councilman Charlsen If there is any duplication of Insurance and would it be advisable to advertise for bids when present policies expire. Councilman Charlsen was of the opinion that the Coun- cil should advertise for bids on Insurance coverage and stated that he would check Into the matter and retort at the next regular meeting of the Council. 2. Repairs have been crmpleted in the basement apartment of the City owned house on North Fourth Street, formerly the old Methodist parsonage. 3. Stated that it will be necessary to install a new electrical service In the old Methodist Church building now owned by the City on the corner of Myrtle and Fourth Streets. Councilman Jewell 1. Necessary parts have been installed on new street department truck so snow plow can be attached. 2. Air compressor has been delivered and installed In the new street garage. 3. No money available during the year 1961 for new street signs. Councilman Tennant 1. Broken chlorine line at sewage treatment plant has been repaired and also defective motor has been replaced. 2. Sewer system in need of repairs and has asked the City Engineer to draw up a priority list and after it can be determined what the current expenses are in connection with aerating the treatment plant and facilities, available money in the sewer revenue fund will be used to make repairs on the sewer system in general. Mayor Madsen 1. Stated that Mr. George Welsh, engineer with the State Highway Department, will be present at the next meeting of the Council and requests that certain changes be made in connection with the traffic signals at Main and Chestnut Streets. NEW BUSINESS On motion of Councilman Charlsen, seconded by Councilman Simpson, the following Change Order was approved and ordered riled: Change Order No. 10, Project, Waste Treatment Ilant Description and cost, miscellaneous changes and closeout change order to com- plete project. Overrun on tools for waste treatment plant, $145.47. Changes and additional wiring, $415.81. Two outside ladders for digesters, $328.00. Total change order, $889.28, less credit for 32 cubic yards of concrete not used on project, 32 cubic yards at $30.00 per cubic yard, credit $960.00. Net credit, this change order no. 10, $70.72. The Council member discussed the matter of purchasing the law library In the City Hall from the Judge Nolan estate. Mayor Madsen suggested that Councilman Jewell check into the matter and report at a later date. On motion of Councilman Charlsen, seconded by Councilman Simpson, a retort of Muntciial and Conciliation Court activities during the year 1960 was approved and ordered filed. eta • • The City Clerk reported as follows: Total number of Council meetings held during the year 1960, 32. Total number of hours spent in meetings, 95A hours. Parking meter receipts collected during the year 1960, 317,139,45, On motion ilman e Inspector's reports coveringlman s activities ant, ddured ing y C they month of n January,h 1961 sg was approved and ordered filed. On motion of Councilman Charlsen, seconded by Councilman Tennant, the following sewer verbal charges were fixed and established for the year 1961: 1. Harold Leverty, South Center Street, new house, 35.00. 2. Don Roettger, 410 !lest Sycamore Street, new house, 35.00. 3. New Senior High School, $80.16. 4. New hospital, 370.02. The foregoing rates cover a three month period. ORDINANCES None. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the payment of bills. 2. Discontinuing proceedings for construction of sewer connections. (From main sewer to property line). 3. Continuing Fire Department employments and. fixing compensation thereof. 4. Requesting establishment of temporary internal revenue service office. 5. hing ment fr sanitary wer and seweroliftming and station,eLocal l Improvements No. 22-1959. (This resolutionsanitary also payment of assessment in installments. In the past a separate resolution was passed permitting payment of assessments in installments but the City Att- orney felt that the two steps could be included in one resolution). 6. Confirming and establishing assessment for water main extension, Local Improvement No. 27-1959. (This resolution also provides that the assessments can be made in installments. In the past a separate resolution was passed permitting payment of assessments in installments but the City Attorney felt that it was not necessary to pass two resolutions, that the two steps could be included in one resolution.) 7. Authorizing annual appropriation for Armory. (Councilman Tennant voted "no" on Resolution No. 4) ADJOURNMENT On motion of Councilman Charlsen, seconded by Councilman Jewell, meeting ad. journed to February 16, 1961, 7:30 P.M. This meeting closed,. at 12:10 A.M. At test• /L4Rl./��v City Clerk • • 333 • • Council Chamber Stillwater, Minnesota February 16, 1961 7:30 P.M. Regular Adjourned Meeting o The meeting was called to order by iresident Madsen. Present: Councilman Charlsen, Jewell, Simpson, Tennant and President Madsen. Absent: None. .., APFLICATIONS Councilman Simpson, a soft drink In motion of Councilman Charlsen, seconded by license was granted to David R. Carlson, Second and Myrtle Streets, for the year 1961. COMMUNIONS From Roger T. Methuen, Resident Engineer, Department of Highways, State of Minn- esota, in regard to report by Hydraulics Department pertaining to 36 inch culvert and sanitary sewer which read as follows: "The City of Stillwater at its Council meeting on November 10, 1960 culvert requested Station 640g plus 73.a ne Decemberw16,e 1960f R. J. 1ethven,from the e residentnter s of engineer, ity ited the determine) the) hydaulics they problem.Rh Theg flows frome then highways te to and R. culverts at Station 640 plus 73 and 646 plus 33 accumulates at a 36 inch C.M.P. culvert placed by the City across a low grade road which follows the shore lint e of the St. Croix River. The City fears that a washout atthis rthisa locationfmigthtnendanger a 36 inch sanitary sewer trunk line which runs apbr parallel to this road. Althoughatthisis ulocationtdue tohat e itsndepth the eStatewould ever be endangered by a washout probably has some responsibility in the matter since recent highway °Sinceutheon ..� has diverted and increased the run off reaching the City s culvert. culvert could be overtaxed during an extreme flood an addittonalh24c inchSC.M.F. should be installed to relieve the situation. It is sugg thatr the Cityi agrees tohmakinga then inst llation. a Theuse City Engineer provided the made some 33. mention of stabilizing the outlet of the 36 inchaculs verta 1t sStation st646.33ope This culvert which has been in place rd iatyryears of this area is more likely composed of ledge rock and rubble. Any Councilman C.M.P.toaggravatentream."thon reliemotion ofne debris CouncilmanrSimpson, secondedby 36nnch cil C..P. dowse.. ream. to Chalsen, ment andrinformt themhe ` thatnthee Cityaexpects u thed Highway tDepartmentHighway atoInstall tallthe culvert In place as outlined in the letter and also maintain same In the future. A copy of a letter from the Acton Construction Company addressed to the Sewage Disposal Plant oterator which read as follows: "The purpose of this letter is to advise that the Acton Construction Company will maintain the chlorine line as it has been installed and repaired leading Prom until) suche timemas allto thepartiesnconcerned are satisfiedchlorie tank at the r that aany ge T settle- ment or eP9 repairst hash been adequately compens.atedrfor. initial Thein stallation Copra; lineawhichl canfbe course traced s tomeither e l poor rworkmanshipt orfpoornmaterial. difficulty this naturally does not include damages which can be caused by driving over the won shallow line with heavy machinery or by . frost osts which could ich hums b1comefac reareal e shaved with the line being as shallow as it frcout that the to be handled by the owner as reguY r maintenance problems. an9v replacement ofll threlieve rticslrrm lines ileato re r Intentions eeto calls uponusin airs are required, he `City Engineer stated that the event any ine wa Il till the chlorine line � n., t;:le3 according to specifications therefor so fir as lepth Is o-neerned. Cn motion of Councilman Pennant, sec un.ied by Cn ncilrnan S,.m[son, the let`er war o;.lered filed. bOO • 334 From A. W. Banister of the Banister Enp1neerinr Company, which read as follows: "As you know the Board of Water Commissioners recently had a test well drilled on a City owned lot at the intersection of Olive and Center Streets. The work was done under our supervision and on December 19, 1960 we submitted a report to the Board of Water Commissioners together with recommendations regarding the retention of this lot. The Board ofWater Commissioners has requested us to reaffirm our recommendations to you. It is evident from the test well drilled that this particular site at the corner of West Olive and South Center Streets in Stillwater is satisfactory for a permanent well. We therefore recommend that the City not dispose of this property as once considered but retain It for a permanent well. We further recommend that a permanent well be constructed as soon as the Water Board feels the need for additional water supply." On motion of Councilman Charlsen, seconded by Councilman Tennant, the letter was ordered filed. From A. W. Banister of the Banister Engineering Company, in regard to sewage treatment works which read as follows: "We have previously submitted to you Estimate No. 12 and final for Projects No. 1 of the Subject iroject on behalf of the Acton Construction Company in the total amount of $409,425.28. We have also submitted Estimate No. 14 and final on behalf of Barbarosa and Sons, Inc. for Project No. 2 of the Subject Project in the amount of $4,077.55. We have submitted Estimate No. 11 and final for the two sewage pumping stations. This estimate was for a total payment of $72,274.58 for the Nelson Street lift station and $63,654.00 for the South Side pumping station. The foregoing estimates were submitted at the time of the final in- spection by the Federal Government in order that you would have the final figures available at the time of the inspection. We did, however, state you should not pay these estimates until notified to do so by this office. At this time we recommend the final payment to be made to Barbarossa and Sons, Inc. for Project No. .2 which Estimate No. 14 and final.For Froject No. 1 we recom- mend that payment to Acton Construction Company be made up to and including Estimate No. 11. This results in a withholding of final payment to the Acton Construction Company of $9,019.28 for Project No. 1. For Project No. 3 we recommend that payment to the Acton Construction Company be made to include Estimate No. 11 and final for the Nelson Street pumping station and that pay- ment for Froject No. 3. South Side Pumping Station be made to include Estimate No, 10. This results in withholding $1,000.00 for the South Side Pumping Station. We have previously recommended that approximately 410,000.00 be withheld from final payment to the Acton Construction Company pending correction of certain minor deficiencies and a completion of the entrance roadway. Follow- ing the procedure outlined in this letter the amount withheld from final payment to the Acton Construction Company will be $10,019.28. This Is more than suff- icient to correct all deficiencies. We recommend that the City accept the Interceptor Sewer Project No. 2 constructed by Barbarossa and Sons. We recom- mend that final approval and acceptance for irojects No. 1 and No. 3, the two Sewage Lumping Stations and the Treatment Plant constructed by Acton Construc- tion Company be delayed until all deficiencies are corrected and the work completed. We call your attention to the requirement of the performance bond and to the specifications which provide the City with a one year guarantee against all defective materials and workmanship from the date of final accep- tance and approval. Should you have any questions or comments please advise." On motion of Councilman Simpson, seconded by Councilman Charlsen, the letter was. ordered filed. From R. D. Hagen, Chamber of Commerce Building Committee, which read as fellows: "As you know, the Chamber of Commerce Building Committee, which includes four members of the Senior Chamber and two members of the Junior Chamber and Mr. Charlsen of our City Council, together with City Attorney James Douvile, has for some time been discussing the possibility of a new Chamber of Commerce Building to contain office space for the Chamber and its activities and a meeting room. Cur committee has been considering the band stand in the park at the waterfront as such a site for a bu'.lding. This site is convenient both to the business men and to the tourists, and would very likely be an ideal location during our river season. We have sketchy plans of how the present building could be en- larged. and improved to include the space we need plus two public toilets which would be for the most part under supervision. More complete Flans are in production. Originally our thinking was to prevail upon the City to build such a building with financing handled as you thought best. However, Mr. Dou- v111e his inforTed us •.hat this cannot be done because there would be no depart- ment of the City government making use of the building. As you recall we have visited previously absut the City offering about $5,000.00 as their share of the investment involved and or assisting with maintenance of such a community building. if each an ar.-angement is possible the $2,5uC.00 set aside by the Jaycees plus contributions by interestedbusiness men could provide sufficient money so that the balance might be financed by the financial institutions of our City. It is our understanding that we will need about R15,000.00 or w16,000.00 for this remodeling job. obviously the building would become the property of the City but would not provide rental income to the City. My purpose for being here is to learn of the City Council's interest and thoughts in this regard so that we can proceed further at a Chamber of Commerce meeting to be held next week." Mayor Madsen Informed Mr. Hagen that the City's posi- tion in regard to this matter was explained to Mr. John Thoreen at the last meeting of the Council. He stated that the City could not appropriate money for construction of a building for use by the Chamber of Commerce unless a sub- stantial part of the building is used for City purposes but it might be possible to pay rent if the proposed building would provide public toilet facilities. Mr. Douville, City Attorney, stated that In his opinion, public toilet facili- ties could not be classed as a substantial governmental function and would not justify a contribution toward construction costs of the proposed building, but should the Chamber of Commerce turn over the completed building to the City it might alter the situation and probably justify the contribution by the City. Mayor Madsen stated that if this building was turned over to the City and the City would collect rent from the Chamber of Commerce or any other source the property would then be subject to real estate taxes. Mayor Madsen suggested that the Chamber explore the possibility of financing the cost of the proposed building through public subscription. Councilman Charlsen stated that he was sure that the Council members would support the proposed project if legal means can be found to do so. PETITIONS A petition with 28 signatures of property owners affected was presented which read as follows: "We, the property owners listed below in Fairmeadow's Addition petition the City Council to extend the City sewer to our property on an assessment basis. Many need it now and to preserve the health and sanitary status of our City the property owners hope for an early installation in the summer of 1961." On motion of Councilman Tennant, seconded by Councilman Charlsen, the matter was referred to the City Engineer with instructions to prepare plans, specifica- tions and estimated cost and report to the City Council as soon as possible. DELEGATIONS OR INDIVIDUALS UNFINISHED BUSINESS This was the day and time set for the hearing on the petition for the annexa- tion to the City of the follwoingg described land: Lots 1-10, inclusive; 21,22,25,26,27,40 and 41 of Fairmeadows No. 1 accord1ry to the plat thereof on file and of record in the office of the Registrar of Titles of Washington County, Minnesota together with all parts of public streets or roadways abutting on said lots respectively and legally appurtenant thereto. Mayor Madsen asked the City Clerk to read the Notice of Hearing. After said notice was read by the City Clerk he then inquired if the notice was duly posted as required by law and the Clerk then read the Certificate of Posting which certificate was signed by the Chief of Police, Raymond F. Law. Mayor Madsen then inquired if there wag anyone present who objected to the annexation to the City of land described in the original petition for annexation and the notice of hearing which was posted In the area described in the notice. No one appeared before the Council who objected to the annexation of the foregoing described land as contained in the original petition. The Mayor then closed the hearing. • • 336 This was the day and time set for the hearing on proposed additional assessments„ Sewer Improvement No. 1-1959. Mayor Madsen asked the City Clerk to read the Notice of Hearing. After said notice was read the Mayor then inquired if the notice was duly published. The Clerk stated that the notice was duly published In the Stillwater Evening Gazette, official newspaper of the City and that a copy of said notice was mailed to all known property owners. Mar Madsen Mad assessment. hen inquired if there was anyone present who objected to the No one appeared before the Council who was opposed to the proposed assessment as outlined above and Mayor Madsen then closed the hearing. The City Engineer reported on the request from Mr. Skooglun for a permanent easement over City owned property to provide ingress and egress to property owned by Mr. Skooglun. He stated that he does not recommend granting easement re- quested by Mr. Skooglun because the land involved may be needed if and when the present sewage treatment works are expanded. On motion of Councilman Charl- sen, seconded by Councilman Simpson, it was decided to deny the request as presented by Mr. Skooglun at a previous meeting for a permanent easement over City owned property. Councilman Charlsen reported that he has received three bids on boiler insur- ance covering the Fire Department and thePublic Inbraryce Agency, Pauley Insur- ance, $270.20, The Krog Agency, $314.35. Y g y, $291.75. On motion of Councilman Charlsen, seconded by Councilman Tennant, it was de- cided to accept the bid submitted by the H. M. Parley Agency and the Clerk was directed to order boiler insurance coverage for the Fire Department and the Public Library from the Pauley Agency. Councilman Jewell reported that he did not recommend the purchase of the law library owned by the Judge Nolan estate. COMMITTEE HEPOETS Councilman Charlsen 1. Salvation Army has agreed to pay the cost of installing a new electrical service in the old Methodist Church building owned by the City and presently rented by the Salvation Army. Estimated cost of the electrical service, $200.00. Councilman Simpson 1. Intend to purchase a tank truck from Maple Island Inc. to be used by the Fire Department and Street Department. He described the truck as follows: 1600 gallon stainless steel tank, 2 compartments, motor and tires in good condition. Estimated cost to modify the truck, about $500.00 or $600.00. He stated that he and the Fire Chief will visit all township boards and re- quest that the Townships under contract with the Fire Department for Fire Depart- ment service pay the cost of the truck. He also presented a detailed report on overall costs to operate the Fire Department and the cost for rural fire runs. He informed the Council members that according to a newspaper article of re- cent date the village council of St. Paul Park is considering the matter of in- creasing the fee for furnishing fire protection to surrounding communities. On motion of Councilman Tennant, secondediy Councilman Ch-arisen, It was decided to authorize the purchase of the truck and tank as described by Coun- cilman Simpson, purchase price $700..00. Councilman Tennant 1. Sludge taken from sewage treatment plant must be buried and until other arrangements can be made It is presently burled r.;ar the plant site. Mayor Madsen 1. He announced the api.ointment of Dr. Kalvin Blodgett as Director of Civil Defense for the City of Stillwater and on motion of Councilman Ch.risen, sec- onded by Councilman Simpson his apo ntment was confirmed 2. He reported that Clarence Bourdaphs hol informed him that the Sttllw:ter Towns'Lp Board recomrenls by..ass road wes f the Stillwater City Limits. 3. Herortei thit he hos received comi.laintr ab ,t dogs runr1np at 1_rre. • n 337 • • Y/ NEW BUSINESS On motion of Councilmen Sink son, seconded by Councilman Tennant, the City Engineer was Instructed to contact the Banister Engineering Comjuny in regard to Change Order No. 20 in connection with the Interceptor Sugar kroject. (The City Engineer stated that in his opinion the Banister Engineering Curpany should be required to stan: the expense as outlined in Change Order No. 20 amounting to $721.00) On motion of Councilman Charlsen, seconded ty CouncilmanTennant,, the rtheefollowing endorsement to insurance policy No. 410527266 was a Eliminating 1958 Ford two door police car, serial no. S-A8PC12785 and adding 1961 Chevrolet two door police car, serial no. 5-11311J149233. Coverage, liability, each person, $100,000.00, each accident, $300,000,00. property damage, $100,000.00 each accident. On motion of Councilman Charlsen, seconded by Councilman Simpson, the follow- ing sewer rental charge was fixed and established for the year 1961: Arnold Bieging, 410 N„rth Greeley Street, '$5.00. Error in billing of $6.20. This amount not based on meter reading last quarter of previous year. The Clerk reported that Earl Montgomery who resides at 1008 South Fifth Street had complained about his sewer rental charge. Mr. Montgomery claims that the house Is being remodeled .ind that the sewer is not being used. The water Is connected to the plumbing fixtures and therefore the minimum sewer rental charge of $5.00 has applied as in all other cases where the water 1s connected to the residence. The Council members felt that no adjustment was in order in this particular case. On motion of Councilman Simpson, seconded by Councilman Jewell the following were appointed sewage plant operators effective January 16, 1961: Lowell Aadke and Arnold Haas (A resolution was passed at the Council Meeting held on February 7, 1961 appointing the foregoing employees. The resolution was to be drawn by the City Attorney. The City Attorney called the Clerk on February 16, 1961 and advised him that it was not necessary to pass a resolu- tion appointing sewage plant operators because the resolution passed on Nov- ember 22, 1960 provided for appointments but did not name employees.) The City Clerk reported that Mr. Leo Klein, East Mulberry Street, had returned his application for "Hauling Things to the City Jump", said application was mailed to Mr. Klein after Councilman Tennant informed the Clerk that Mr. Klein was hauling things to the Cityupump nfor hire. Mr. Klei t complainedd ed to the Clerk and stated that he only therefore should not be required to _ay a license fee. The Council members felt that anyone hauling to the dump for hire must first obtain a license therefor. Mr. C. J. Thompson, Building Inspector, read the following bids on a new heat- ing plant for the public Library whtoh were opened and read at a recent Lib- rary Board meeting. 1. M. M. peaslee ilumbing &Heating, $3.520.00. 2 Bliss Plumbing Company, $3,500.00. 3. Ayers }lambing Company, 33,679.00. All bids included alternate bids. The City Attorney was instructed to draw a resolution to be read at the next meeting of the Council appropriating $3,500.00 to the Library Board to Cover the cost of installing a new heating plant In the Public Library. Mr. 'Welsh ant Mr. Worien of the State Highway Department appeared before the Council and suggested that the Council approve certain changes in the traffic signals at the intersections of Main and Myrtle Streets and Main and Chestnut Streets. Fr. Warden explained thet the chan€es pro; osed would give better traffic control. Mr. 'welsh suggested that parking be restricted In certain arees along Main Street hiring certain days and also Chestnut Street from bridge t rain Street to speed the flow of trarfia during peak periods. He stated that the estimated cost to the ty to make certain changes in the traffic signals _s uii am<.art to abut $1,O20.2 The State would pay 5/8 of the to!.11 c an City 3/B 'r the t'-t+l osst. in motiar. of Councilman Simpson s ^.led by 7sunctlm. rise , the Clerk was llstructed to write a letter to sr. ''elsh +ni reluert .Lt he ,r geed with pleas as outlined above = i submit estlm::,te of o_.st. d,f • • 338 nFDINANCES On motion of Councilman Simpson, seconded by Councilman Tennant, made Che first reading of "An Ordnance Annexing Certain Land to Stillwater". (Fairmeadows No. 1) the City Clerk the City of RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the .ayment of bills. Sewer 2. Adopting in aworoo'onstsuction Sewer Improvement No. Project9. No. 2, I3. Accepting work for construction and of Sons,e Inci.)Sewers, Improvement No. mod f9. i 59. (Acton Construction Company) 4, Authorizing modification icatlon of contract for construction of Projects No. an5. No. 3, Sewer Improvement Na. ortion of the plat of Fairmeadows No. 1 5, Relating to annexation of a p the City of Stillwater. ADJOURNMENT On motion of Councilman Charlsen, seco journed at 11:15 P.M. Attest: aerR to ed by Co;.ncllman Jewell, meeting ad- • ;i39 • • ..4 Council Chamber Stillwater, Minnesota March 7, 1961 7:30 P.M. Regular Meeting The meeting was called to order by Fresident Madsen. Opening prayer by the City Clerk. Present: Councilman Charlsen, Simpson, Tennant, and President Madsen. Absent: Councilman Jewell. On motion of Councilman Tennant, seconded by Councilman Charlsen, minutes of the following meetings were approved: Regular Meeting, February a, 1961, 7:30 F.M. Regular Adjourned Meeting, February 16, 1961, 7:30 P.M. APPLICATIONS On motion of Councilman Charlsen, seconded by Councilman Simpson, on and off sale 3.2 beer licenses were granted to Ralph B. Otte, 517 North Owens Street, on the second reading of the applications. Applications from E. James Meister, 901 South Fourth Street, for on and off sale 3.2 beer licenses were presented but on account of being in the residential dis- trict were automatically carried over to the next regular meeting of the Coun- cil. Application from C. H. Felix, 413 South Greeley Street for off sale 3.2 beer license was presented but on account of being in the residential district was automatically carried over to the next regular meeting of the Council. On motion of Councilman Simpson, seconded by Councilman Tennant, a junk dealer's license was granted to Sherman Gordon, 233 East Nelson Street. On motion of Councilman Charlsen, seconded by Councilman Simpson, a second hand dealer's license was granted to Evan Slachta, 223 South Main Street. On motion of Councilman Tennant, seconded by Councilman Simpson, a cigarette license was granted to Raymond F. Law (vending machine located in the City Hall) for the period from March 1, 1961 to January 1, 1962. (Clerk discussed this matter with the City Attorney on March 15, 1961 and he stated that in his opinion the foregoing action was proper and legal.) COMMUNICATIONS Prom Orville C. Peterson, Executive Secretary of the League of Minnesota Munici- palities, which read in part as follows: "As many of you have already learned from the newspapers, Clarence C. Ludwig, Executive Secretary of the League of Minnesota Municipalities and Director of the Munteipal Reference Bureau of the University of Minnesota from 1935 to 1959 died suddenly on February loth. The family has asked that instead of flowers remembrances be sent to the University of Minnesota Memorial Fund in his name." • • • From the Minnesota Medical Service, Inc. (Blue Shield) informing the Council members that the rate presently oharged covering the City employees will prevail for the period from April 1, 1961 to April 1, 1962. On motion of Councilman Tennant, seconded by Councilman Simpson, the City Clerk was authorized and dir- ected to sign a contract to cover the foregoing period. From Harvey 0. Rogers, Executive Engine •, State of Minnesota, Water Pollution Control Commission, which read as folio..: "We are enclosing a permit for the operation of approximately 662 feet of 8 inch diameter sewer extension which is located as described on the plan sheet entitled, "Stillwater, Minnesota, Sanitary Sewer, South Sixth Street" dated September 13, 1960." On motion of Councilman Tennant, seconded by Councilman Charlsen, the letter and permit were ordered filed. From James L. Douville, city attorney, which read as follows: "In as much as the street lighting project completed by the City 3 years ago required certain electrical equipment furnished by electrical supply companies named as defendants in the recent federal government anti trust cases, I have re-examined the proceedings had in said improvement and find that the City of Stillwater was not directly or indirectly affected by the collusive bidding practices upon which said cases are based. accordingly the City would have no cause of action for civil damages under the Clayton Act which provides a remedy of treble damages to any person injured by violations thereof." From Clifton Halsey, 735 Freemont Street, Anoka, Minnesota, which read as follows: "I have received assessment notices for the West Fine water main, Local Improve- ment No. 27-1960 (the cards) and two white slips to sign for Lily Lake Area Sewer 22-1960 plus a thermofax sheet. Since I have received no assessment notice for the sewer I see no reason to sign the white slips. It was also my under- standing that the sewer was L.I. 22-1959. My attorney has advised that I not recognize assessments against Block 20 of McKinstry and Seeley's Second Addit- ion. The matter discussed at the Council meeting must be taken care of first. I regret the course of action I must take. My past experiences indicate that it is best however." Mayor Madsen referred this matter to the City Engineer. Prom Mrs. Lucille Rosell, Secretary, Stillwater Library Board, which read as follows: "At a special meeting this Monday morning, February 20, the Stillwater Library Board accepted the lowest bid, that of Bliss Plumbing Company, for a new furnace. The Board voted to express to you sincere appreciation and thanks for your in- terest and your help 1n securing this contract. We are very grateful." From Harold W. Onstad, Business Manager, Independent School District No. 834, which read as follows: "Shortly before we occupied the Senior High School, we contacted you on the telephone and expressed our concern over the lack of a stop sign, at the inter- section of Marsh and Fourth Streets. We have been in the building some six weeks and have been made aware of several instances where cars have turned :into or driven across Fourth Street with nearly disastrous results. We realize that it wouldbe difficult to place signs at this time of year but perhaps a sign.,. on the utility pole (such as 1s seen at Third and Churchill) would be a tempor- ary answer. It would be well to consider some type of traffic sign at Fifth and Marsh also." Mayor Madsen referred this matter to the Chief of Police. From JoInL. Jewell, which read as follows: "I hereby tender my resignation as a councilman of the City of Stillwater to be effective immediately or as soon as the Council may act on the matter. This is necessitated because of my appointment by Governor Elmer L. Andersen as Muniol- pal Judge to fill out the unexpired term of the late Honorable William F. Nolan. It is with a great deal of regret that I must submit my resignation, as I have enjoyed working in close harmony with the City Council members. I do hope that when a replacement is appointed the same harmonious relations will remain so that our community will continue to progress forward. If I can be of any ser- vice to the City Council in the future please feel free to call upon me." On motion of Councilman Charlsen, seconded by Councilman Simpson, the resignation of Mr. Jewell was regretfully accepted. mire e • From Howard R. Albertson, State Representative, 43rd District, which read as follows: "The Legislative session is now past mid point and it is important that any loc- al bills be introduced within the next few days in order to insure their passage. As you know, the next regular session will not be until 1963. Any proposed leg- islation pertaining to the City of Stillwater in which the Council is interested must be accompanied by a Resolution of the Council. Please call this to the attention of the Mayor and the Council in order that they may be advised." On motion of Councilman Simpson, seconded by Councilman Tennant, the City Clerk was directed to inform Representative Albertson that the Council members do not in- tend to propose any special legislation to be considered at this session but will appreciate his support of a bill in connection with Municipal Court, House File No. 293, Senate File, 184. Prom George V. Stennes, Chairman, Stillwater Planning and Zoning Commission, which read as follows: "Mr. Thompson is turning over to the Council two actions taken by the Planning Group at our meeting on Monday. I thought It might be well to give a little back- ground as to the discussion which took place in connection with one of the actions. As you know the Commission has given serious thought to each request for a non- conforming use permit and has generally felt that these should be denied. It is doubted that such a terminology should be allowed in any zoning ordinance which will be submitted to you by your Commission. On the other hand we do not know that the property in question would not comply with general recommendations to be made at a later date. For that reason we have recommended the..granting of a temporary special use permit which can be later reconsidered in view of such zoningact as will ultimately be adopted by the Council. It seemed to our members unfair to leave this subject In abeyance since we could not at the present time give it full approval, nor would we feel right in denying it when :in fact it :may meet requirements of zoning in the future. 1 trust this leaves the Council. in the position 'to take such action as 1t deems desirable. In the other item covered,. Mr. Thompson's transmittal, the Commission members have felt handicapped and not having,: anything in writing as to what is being requested In certain cases there was some talk ofattempting to develop an apjhcation form in which pertinent information would be included for consideration of the Council as well as the planning group. One of our members 1s discussing this more fully with Mr. Thomp- son for possible development.'I was very pleased with the turnout at the meeting of January 19th and felt that the downtown plan of highway development was given a good review. We have a special subcommittee working on the further develop- ment of this plan with Mr. Hodne which committee is having a meeting on Thursday. As a result of this work we anticipate arriving at a detailed sketch of the sugges- tions to be given to the business groups as well as to the highway department. Incidentally. there is to be a meeting of the town board to review its interim report on Thursday night in case any of the Council members are interested. We are planning on having representation there from the Planning Commission." From Robins, Davis and Lyons, signed by Mr. Erwin A. Peterson, which read as follows: "We have met with your City, employees and have reviewed with themtheir desires for certain proposed changes In wages, hours andworking conditions.' 1. Vacation. On vacations: the employees desire to have three weeks vacation af- ter ten years and tour weeksvacatlon.:after fifteen years, for all departments except theFlre Department, all such employees with ten years: service to receive 15 days vacation with pay: and from ten to twenty years service 21 days vacation with pay and from twenty years or over 30 days :vacation with. pay. 2. Sick Leave. The employees request that sick leave be granted at the rate of lj days per month with a maximum accumulation of,. 90 days. 3. Holidays. The employees want paid holidays for all eleven State legal hol- idays. 4. Jury Pay. OnJury leave the employees request that they be paid the dif- ference between their jury pay and their regular rate of payfor all time spent while on active jury duty. 5. Insurance. The employees request that the City furnish and pay for coverage for employees' dependents in the same amount as presently provided for employees. 6. Grievance. Regarding the grievance procedure, all departments desire that any grievanceconcerning wages, hours, or conditionsaffecting employment be firstdiscussed among the employees and/or their union representative and the department heads and then if not satisfactorily adjusted between the employee and his union representative and some designated member from the City Council and If the matter is not satisfactorily adjusted in this manner it should then be submitted by the employee and the Union representative to the Mayor and the City Council. In the event the matter 1s then not disposed of it should be handled by adjustment panel proceedings as provided by M.S.A. 179.52. 7. Pay Days. The employees desire that they be paid weekly. • 342 • • 8. Work Week. The employees desire that they be paid time and one half for all hours worked over eight to one day and over forty hours in any one week and that double time be paid for all work performed on Sundays and holidays. The Street Department is desirous that they be guaranteed forty hours employment per week. 9, Wages Water Department Foreman, $2.50 per hour Assistant foreman, $2.50 per hour Laborers, $2.15 per hour Street Department Equipment Operators, $3.29 per hour Drivers, $2.85 per hour Laborers, $2.85 per hour Temporary summer help, $1.50 per hour Fire Department Fireman, starting rate, $360.00 per month Fireman, after 6 month's experience, $400.00 per month Lieutenant $415.00 per month Captain, $440.00 per month Longevity increase of $10.00 per month for every five year's service Dispatcher, $260.00 per month. Police Department Patrolman, $400.00 per month Assistant Chief, $435.00 per month Sergeant, $420.00 per month Longevity increase of $10.00 per month for every 5 year's service. Dispatcher, salary open. Parking meter man, $406.00 per month 10. Miscellaneous. The Police and Fire Departments would like to have a uniform clothing allowance for each man and the setting forth of a standard uniform pol- icy to apply. The Police Department would like to have their police cars equipped with all necessary equipment and a police department would want to be able to refuse to use any equipment which they considered unsafe. The meter man in the Police Department would work 51 days per week with every thirdSaturday off. The Fire Department would like to have a relief dispatcher provided for weekends and any emergencies which might arise. We will appreciate hearing from you in this matter." PETITIONS None DELEGATIONS OR INDIVIDUALS None UNFINISHED BUSINESS The Clerk informed the Council members that Judge Jewell would like the Council to consider the purchase of part of the law library owned by the Judge Nolan es- tate an an appraised price of $150.00. (Ap,:ralser, Mr. Louis Marvin of the Mar- vin Law Book Company). On motion of Councilman Charlsen, seconded by Councilman Simpson,y It was decided to purchase part of the law library at a cost not to exceed $150.00. (For use in connection with the Municipal Court). Fire Chief Lawson inquired as to ownership in connection with the tank truck which was purchased recently from Maple Island, Inc. The Fire Chief made this inquiry because there was some discussion about asking the various township boards now under contract with the City for Fire Department service to pay all or part of the cost of the tank truck. Mayor Madsen was of the opinion that the truck should be registered in the name of the City. Councilman Simpson stated that he had received favorable response from all of the township boards except St. Joseph Township, Wisconsin, about contributing toward the cost of the tank truck, but he also felt the vehicle should be owned by the City but In any event the City should retain priority in connection with the tank truck. 0n motion of Council- man Simpson, seconded by Councilman Charlsen, the City Clerk was authorized and directed to sign the application for transfer of the tank truck. • • 343 • • COMMITTEE REPORTS Councilman Tennant 1. Suggested that the in the City Engtneer'e larger machine for use $900.00. On motion of matter was referred to 2. Suggested that the at an estimated cost of is properly cleaned san and probably will cause ''t NEW BUSINESS Council authorize the transfer of the calculating machine office to the Sewage Disposal klant and purchase a new in the Engineer's office at an estimated cost of about Councilman Charlsen, seconded by Councilman Simpson, the Councilman Tennant, with power to act. Council consider purchase of the sewer cleaning machine about 44,000.00. He stated that unless the sewer system d and debris w111 enter the digestor at the treatment plant trouble and considerable additional expense. Assessment roll covering sanitary sewer and lift station in thefollowing streets as and the following area known as Local Improvement No. 23-1959prepared by the City Engineer was presented. Sanitary Sewer in the following streets: West Ramsey Street from South Center Street to South Brick Street. West Myrtle Street from 148 feet East of Center Street to South Brick Street. West Linden Street from 306 feet East of Center Street to North Brick Street. Meadowlark Drive from Center Street to South McKusick Lane. South MCKusick Lane from Meadowlark Drive to 372 feet Northwest of Meadowlark Drive. Robin Lane from West Linden Street to Meadowlark Drive. Center Street from West Ramsey Street to West Myrtle Street. Center Street from West Linden Street to Meadowlark Drive. Brick Street from West Ramsey Street to West Linden Street. Lookout Street from West Myrtle to eofnd Lookout StreettoWestLinden EchoLaneStreet. Lift Station to serve the following area: West Lin. Seeley'seSecond mAddition, 510..43 feet point on eWest tofh lthe Westine of line ock �lineof Brick 6, sStrd Street, said oint being the t of a tract of ad owed b the St. Broadcasting Company, Sthence sNorth nardistance of 309.5nfeetuto ay Croix point, thence East to the West line of the Northeast Quarter of Southeast Quarter, Section 29, thence North along West line of Northeast Quarter of Southeast Quarter, Section 29, to the Northerly R. W. Line West Myrtle Street, thence Northwesterly along said R. W. line to a point, that is on a line parallel with and 500 feet West of the Wst lie of the re Northeastarter of alongne saidulinest toQaarter, point theneen29, Soutthence South- easterly to a point on the West line of the Northeast Quarte.' of Southeast Quarter, Section 29, that is 300 feet South of the Northwest Quarter of the Northeast Quarter of Southeast Quarter, Section 29, thence Northerly along said line to the center line of Meadowlark Drive, thence Northwesterly along said center line of MeadowlNortherly along saidtpropertyylineefLot Castle 20, ofLot22, theSouth1shoreAoflMcon, thence Kusiok Lake. North Line. Commence at a point on the South shore of MCKusick Lake on the West property line of Lot 20 of Castle Hills Addition, thence Easterly along the said South shore of MCKuslck Lake to the intersection of the West line of Sherburne Street, extended to the South shore of MCKusick Lake. East Line. Commence at the point where the West line of Sherburne Street exten- ded meets the South shore of McKusick Lake, thence South along said West line of Sherburne Street to the North property line of Lot 2, Block 14 of Sabin's Addition, thence West along said North line of Lot 2, Block 14, extended Westerly to a point 100 feet East of the East line of Center Street extended North, thence South a- long a line parallel to and 100 feet East of the East line of Center Street to a point 81 feet North of the South property line of Lot 13, Block 14, of Sabin's Addition, thence East to the Northeast corner of Lot 13, Block 14, thence South along the East line of the West i of Blocks 14 and 15 of Sabin's Addition to the center line of West Mulberry Street, thence East along said center line of West Mulberry Street to a point 140 feet West of the West line of Sherburne Street, 4nof Greeley and lSlaughter'sSAddition, that8 feet to a lis 25 feet nt on the NEast oforth Dthe e fNorthweLot 5, lock Northwest corner of he t of sald Lot 5, thence South lalong the tEast line hence tofSWest t}Lofo tBlock r4nofscorner Greeley and Slaughter's Additin t ee st along centeroline tofdWest oRice Street ton a point e of son8the East lineee Strt, n of the eNortheasthe the center Northeast • 344 quarter of Southeast quarter Section 29, thence South along the East line of the Northeast Quarter of Southeast quarter, Section 29 to a point 73 feet South of the intersection of the center line of West Rice Street and the East line of the Northeast quarter of Southeast quarter Section 29, thence East along the North property line of Lot 4, Block 5 of Greeley and Slaughter's Addition to the North- east Quarter of said Lot 4, thenoe South along the East line of the West } of Block 5 to the Northwest corner of Lot 13, Block 5 of Greeley and Slaughter's Addition, thence East along the North line of said Lot 13 a distance of 104 feet to a point, thence South a distance of 73 feet to the center line of West Myrtle Street, thence West along said center line of West Myrtle Street e distance of 94 feet to a point, thence South a distance of 123 feet to a point on the North line of Lot 5, Block 12 of Greeley and Slaughter's Addition, said point being 10 feet East of the Northwest corner of said Lot 5, thence West a distance of 10 feet to the Northwest corner of said Lot 5, thence south to the Southeast corner of Lot 6, Block 12, thence West along the North line of said Lot 6 a distance of 82 feet to a point, said point being 83 feet East of the East line of Center Street, thence South parallel with and 83 feet East of the East line of Center Street to the cen- ter line of West Ramsey Street, thence East along said Center line of West Ramsey Street a distance of 2 feet, thence South on a line a distance of 130 feet para- llel with and 85 feet East of the East line of Center Street to a point in Un- subdivided Block 3 of Fullerton's Addition. South Line, Commence at a point in Unsubdivided Block 3 of Fullerton's Addition that is 100 feet South of the South line of West Ramsey Street and 85 feet East of the East line of South Center Street, thence West on a line that is parallel to and 100 feet South of the South line of West Ramsey Street to the West line of South Center Street, thence West on a line parallel to and 115 feet South of the South line of West Ramsey Street thru Block 1 and 8 of MCKinstry and Seeley's First Addition to the center line of South Brick Street, thence North along said center line of South Brice Street to the intersection of the center line of South Brick Street and the North line of McKinstry and Seeley's Addition, Block 15 ex- tended, thence West along said North line of said Block 15 and 16 of McKinstry and Seeley's Addition a distance of 510.43 feet to a point, Said point being the Southwest corner of a tract of land owned by the St. Croix Broadcasting Company. On motion of Councilman Charlsen, seconded by Councilman Simpson, the foregoing assessment roll was ordered filed in the office of the City Clerk and the Clerk was directed to give notice that said roll has been filed and that the Council will meet on April 11, 1961 at 7:30 P.M. to consider and act on said assessment. On motion of Councilman Simpson, seconded by Councilman Tennant, the City Attorney was directed to negotiate for the purchase of land from the Chicago, Milwaukee and St. Paul Railway Company, said land located between the South line of Govern- ment Lot 5 and the Mill Road. (Sewage Treatment Plant site) On motion of Councilman Tennant, seconded by Councilman Simpson, the license for permit bond covering David Junker, doing business as Junker Landscaping Service to make excavation in City streets in the amount of $5,000.00 was approved and ord- ered filed. On motion of Councilman Charlsen, seconded by Councilman Simpson, endorsement to Insurance Policy No. 410527266 issued by the Hartford Fire Insurance Company group adding a 1961 Dodge pickup truck, serial number 1161123075 and 1961 International dump truck, serial number FA77505F was approved and ordered filed. On motion of Councilman Tennant, seconded by Councilman Simpson, Insurance Policy No. 0365000 issued by the Employers Assurance Corporation Limited of Boston, Massachusetts, covering boiler and boiler piping at the Fire Station and Public Library in the amount of $100,000.00 was approved and ordered filed. On motion of Councilman Tennant, seconded by Councilman Simpson, the following Change Order was approved and ordered filed: Change Order No. 20, Project Interceptor Sewer Description and cost, Adding manhole on Mulberry Street storm sewer because of conflict with existing sewer. Divert storm water and plug sanitary sewers to di- vert sewage to new line. 7 hours machine and operator at $24.00 per hour, $168.00 7 hours scoop and operator at $18.00 per hour, $126,00 7 hours truck and driver at $5.50 per hour, $38.50 Labeler, $63.70 7 hours pumps, $3.50 per hour, $24.50 6 sacks cement, at $1.50 each, $9.00 • • e 345 • • 4 sacks of mortar at $1.50 each, $6.00 95 each blocks, $ 40 each, $38.00 Precast top, $22.00 6 feet 18 inch R.C.P. at $4.10 a lineal foot, $24.60 6 feet, 12 inch R.C.P. at $2.00 per lineal foot, $12.00 Manhole rim and cover, $35.00 1e cubic yard concrete at $16.00 per cubic yard, $24.00 15% insurance on labor, $9.55 Sub total $600.85 Plus 20% overhead and profit, $120.15 Total $721.00 On motion of Councilman Tennant, seconded by Councilman Charlsen, the following charges for Fire Department service were cancelled. Same were billed in error, both runs were within the City limits: 'SI Owner of property, Gordon Larson, date February 12, 1961, Falrmeadowe Stillwater Township, total charge, $85.00. Name of property owner, Gordon Larson, date February 12, 1961, Fairmeadows, Stillwater Township, total charge, $145.00. On motion of Cnuncily^_a Charlsen, seconded by Councilman Simpson, the following sewer rental charge was fixed and established for the year 1961: E. 0. Iverson, 322 North Third Street, $14.20 (Mr. Iverson was billed in the a- mount of during the2 last quarter of9.25 for the r1960st uwas ehigh duer of l to construction . He stated aoft waddition ater consumption otpre- sent building.) i Wt. The ringi theClerk City Clerk,ted thethat Citythe Treasurerlandnsider deputiescinahisgsurety office. bonds also informed the Council members that Mr. Foster of the Water Department is present- ly bonded for $1,000.00. 0" motion of Councilman Charlsen, seconded by Council- man Simpson, CityTreasurer , it was decided fromincrease $10,000.00 toamount $ 5,000.00surety bonds as follows: City Clerk, Deputies 1n the Office of the City Clerk and City Treasurer from $7,500.00 to $10,000.00 The City Clerk was directed to contact the Secretary of the Board of Water Com- missioners, Mr. Harold Foster, and suggest that the bond covering the secretary be increased from $1,000.00 to $25,000.00. Inspector'smotion freportCouncilman coveringractivitiesseconded during thenmonthnoflFebruaryhe1961Building approved and ordered filed. Mayor Madsen announced the reappointment of Hobert McGarry and Marilyn Miller as members of the Recreation Commission and on motion of Councilman Charlsen, seconded by Councilman Simpson, his reappointments were confirmed. The City Clerk reported that the following notice of personal injury and claim was delivered to his office on March 7, 1961: "To the Council of the City of Stillwater, Minnesota. Take notice that on the 23rd day of February, 1961, the undersigned was injured in the City of Stillwater, Minnesota, under the following circumstances: About between the hours of 2:00 P.M. and 3:00 F.M. on the 23rd day of February, 1961 the undersigned was walking in a westerly direction on the southerly sidewalk of Chestnut Street west of its intersecinofront ofnion 211 Eastyand Chestnut��Streeting andawhiletsonsaid walkinglwasalk approx- imately caused to trip and fall because of a defective parking meter, said parking meter having been broken off and part of said parking meter protruding from said sidewalk. The undersigned fell onto said sidewalk. He was severely bruised and injured in the region of the left arm and leg. His left knee was severely injured and twisted. His left arm and hand were severely bruised, cut deeply and had flesh gouged therefrom. He sustained injury to his back and shoulders and was injured inter- nally and externally. The injuries he sustained were the natural consequence of his tripping on said defect. You will further take notice that the undersigned claims that said City is legally liable to compensate him for said injuries and he hereby demands of said City the sum of $5,000.00 as compensation therefor for his general and special damage. Signed A. J. Hagstrom, 723 North William Street, Stillwater, Minnesota." (Attorney for the plaintiff, Searle R. Sandeen). 0n motion of Councilman Tennant, seconded by Councilman Charlsen, the Clerk was dir- ected to forward a copy of said notice of personal injury and claim to the City Attorney and to the Krog Insurance Agency. • • • • • On motion of Councilman Charlsen, seoonded by Counoilman Tennant, the requeut for stonderson Street Streetspwasgreferrede to the Chief ofAPolice. (Request School Everetttween north side of SchoolBoard, District 854) The City Engineer stated that he has received requests for plowing snow in an alley directly behind the South Hill Rest Home and the alley to not a dedicated street. He also explained it was quite difficult to plow the alley because it is not wide enough to turn the truck and therefore must back out onto the street. Councitolman Simpson suggeey sted heowner of the powner otrthe, rest home take the necessary e t e ORDINANCES On motion of Councilman Simpson, seconded by Councilman Tennant, the City Clerk made the first reading of "An Ordinance Establishing a Sanitary Land Pill Prov1- ding and for Rules and ndnaegllationsVloverGoverning Tthe eeSafe and Inoffensive Operation of FixingSae On motion of Councilman Simpson, seconded by Councilman Tennant, the City Clark made the second reading of "An Ordinance Annexing Certain Land to the City of Stillwater". The Ordinance was read section by section, followed by roll call and all members of the Council voted in the affirmative. The Chair then put the question 'Shall halathis OrdNo.inn1e'ass?' and on roll call it was unanimously adopted. RESOLUTIONS The followinresolution. following the payment loerblrearead and were on roll call unanimously adopted: 2. Approving contract for installation of heating system. (Carnegie Public Library) ADJOURNMENT On motion of Councilman Tennant, seconded by Councilman Sim F)son, meeting ad- journed at 10:25 P.M. or Attest: "C n • • e• 347 a • Council Chamber Stillwater, Minnesota Regular Meeting The meeting was called to order by President Madsen Opening prayer by the City Clerk Present: Councilmen Charlsen, Simpson, Tennant and President Madsen Absent: None April 11, 1961 7:30 P.M. On motion of Councilman Tennant, seconded by Councilman Simpson, minutes of the regular meeting held on March 7, 1961 at 7:30 P.M. were approved. APPLICATIONS On motion of Councilman Tennant, seconded by Councilman Simpson,"on"and"oft" sale 3.2 beer licenses were granted to H. James Meister, 901 South Fourth Street, on the second reading of the applications. On motion of Councilman Tennant, seconded by Councilman Simpson an"off"sale 3.2 beer license was granted to C. H. Felix, 413 South Greeley Street on the second reading of the application. Applications from Patrick E. White, 603 West Churchill Street, for "on" and "off" sale 3.2 beer licenses were presented but on account of being in the re- sidential district were automatically laid over to the next regular meeting of the council. On motion of Councilman Tennant, seconded by Councilman Simpson, a junk dealer's license was granted to Harry Thompson, Bayport, Minnesota. On motion of Councilman Tennant, seconded by Councilman Simpson, a license to haul things to the city dump was granted to Karl A. Schmoeckel, R #4, Stillwater. 0n motion of Councilman Tennant, seconded by Councilman Simpson, a soft drink license was granted to S. A. Riegel, 417 South Main Street,(Northern States Power Company.) COMMUNICATIONS' From George 0. Lethert, District Director Internal Revenue Service, St. Paul, Minnesota, which read in part as follows "This 1a in reply to your letter of February 24, in which you request the assignment of an Internal Revenue, agent to a temporary office in the City of Stillwater for the purpose of assisting taxpayers in preparing and filing their Federal income tax returns. Although we appreciate your request and the resolution of your City Council, we regret that we will be unable to establish a temporary office in your city. For your information, taxpayers in Stillwater may secure services at the Internal Revenue Service office, Room 100, Union Depot, St. Paul, Minnesota on the following dates all work days from January 2 through April 14, 7:45 A. M. to 4:30 P.M. and Mon- day, April 17, from 7:45 A. M. to 9:00 P. M. In addition, regular service le furnished on each work day at Room 603, Postoffice Building, St. Paul." From G. F. Welch, District Engineer, Department of Highways, Stillwater, Minn- esota, which read as follows We acknowledge receipt of your letter dated March 10, in regard to the estimated cost of the changes we propose to make in the trafficsignal system at the intersection of Main and Chestnut Streets and Main and Myrtle Streets in your city. As soon as the cost estimates of this change are prepared, we will mail a copy of same." • • 348 From J. 0. Christianson, Director Agrlceitural Short Courses, University of Minne- sota, announcing that the State Fire School will be held on April 24th,25th,26th and 27th, 1961. On motion of Councilman Tennant, seconded by Councilman Simpson, the Fire Chief and one regular fireman were authorized to attend the Minnesota State Fire School and all legal expenses in connection with same will be paid by the City. From George J. Pozzini, President, Stillwater Armory Board, which read as .follows In behalf of the Armory Board, National Guard Armory, Stillwater, Minnesota, I wish to thank you, the City Council and the citizens of Stillwater for the $250.00 forwarded to us. This money will be used for maintenance of the National Guard Armory." From Minnesota Hospital Service Association, addressed to the City Clerk, which read as follows "This letter is a confirmation of your recent discussion with our representative, Mr. Metzdorf, regarding renewal of your group Blue Cross con- tracts. The Minnesota Hospital Service Association agrees to renew your group plan for one year, commencing April 1st, 1961 at the following rates, assuming that your group -continues to qualify for standard underwriting: Plan. Comprehensive Blue Cross -single rate, per month $6.75 family rate, per month 17.10 We sincerely thank you for the courtesy and co-operation extended our represent- ative. Questions regarding this program should be directed to our Underwriting Department. If the contents of this letter are in keeping with your understand- ing, please sign the duplicate copy and return it in the enclosed prepaid en- velope. - On motion of Councilman Simpson, seconded by Councilman Tennant, the City Clerk was authorized and directed to sign the duplicate copy of the foregoing letter and mail same to the Minnesota Hospital Service Association. From Clifton Halsey, Anoka, Minnesota, which read as follows " I have been ad- vised by my attorney to not make any payments on the assessments until the ar- rangements concerning Borup Street and my lots in Block Twenty have been com- pleted. He had further advised me that I need not sign the forms similar to the one enclosed." From George W. Smart, Executive Secretary of the Washington County Community, Cheat, Incorporated, which read in part as follows "Every township, .village or city of Washington County that wants to be included within the Community Chest and that agrees to assume the responsibility for conducting an energetic cam- paign for funds in its own area, may petition by June 1st, 1961 to be included. In order to show the sufficient interest, it was deemed necessary that tlw peti- tion have a minimal! number of signatures of residents in that area equal to 5% of the voters at the last general election in November, 1960." On motion of Councilman Simpson, seconded by Councilman Tennant, the letter was ordered filed. From Reverend Paul Kaufman, pastor, The First Baptist Church, addressed to .Mayor Madsen which reed as follows "For some time our church family has been aware o11.. the need' for additional Sunday School facilities and a committee from the congre- gation has been studying various possibilities as to how best toprovide for this need. It is the consensus of this committee that the present location wise- ly used could satisfactorily resolve this problem. We are submitting herewith a proposal which could, we trust, meet with your approval. It would be our aim In any proposed building to improve and enhance the property and while details of a proposed structure are incomplete at this time, the project would generally follow the program as sketched. It was our desire at this stage to have the jap- proval of the council so that we might proceed in an orderly fashion with the project." The City Clerk informed the council that this matter has been turned over to the Planning Commission for their approval. From Joseph H. Samuelson, Jr., Captain commanding the First Battle Group,115th Infantry which was addressed to Frank L. Quick, patrolman. "The battle group commander has direoted that attendance at annual field training 1961 will be 100% of officers, warrant officers and enlisted men. The annual field training dates, 1961 are 11-25 June, 1961 inclusive (Sunday to Sunday). You are hereby notified that you must be present for annual field training 11-25 June, 1961, inclusive and suggest that you make the necessary arrangements with your employer as soon as possible" Mr. Quick has requested the council grant him a leave of absence without pay dur- ing this annual field training period. (See resolution.) From Mn. Tom Berated, representing Magee -Bale Park-O-Meter Company, which read in part as follows I would like to notify you that the Park-O-Meter Com- pany will conduct its parking meter schools at the Hotel Francis Drake, Fifth Avenue South and Tenth Street,Minneapolis, Minnesota, on the 19th, 20th end 21st of April, 1961. The eohools begin at 8:00 A. M. and will run for the full three days. Each serviceman is requee°:ed to bring with him three meter mechan- isms"and his complete tool kit." Mayor Madsen referred this matter to the Chief of Police. From the Chicago, Milwaukee,.St. Paul and Pacific Railroad Company addressed to Mr. James L. Douville, city attorney, which read as follows "Your letter of. March 27, 1961 asks about the possible sale to the City of Stillwater of approximately 30,000. square feet of railroad ownedland in. Section 3-29-20 north of Mill Road near Stillwater, Minnesota. Previously '.Russell I." Duncan leased about half of -this area at a rental of $60.00 per year. This wee 6% of a valuation of 31,000.00. The lease was terminated on'March let, 1960. Later Mr. Robert A. Peters asked about buying this.. 100 foot Strip to unite his property. If Mp.Peters hat decided that he does not wish to purchase the par- cel, we will be glad to consider a sale to the city." Demotion of Councilman Tennant, seconded by Councilman Simpson, the city attor- ney was instructed to contact the railroad company and inquire as to the sale price of the property referred to in the foregoing letter. Pram Mr. Irving R . Ksldaen, Secretary of the Minnesota Municipal Commission, which reed as follows "On March 30th, 1961, at a hearing of thhep Minnesota: Municipal Commission held pursuant to Laws of 1959, Chapter 68b, your ordi- nance was considered. This will advise you that this ordinance extending the City of Stillwater' was approved and accepted 'kr filing.: The ordinance referred to is No. 378 annexing a part of Fairmeadows to the City of Stillwater. From Erwin A. Peterson, attorney far I. B. E. W. Local 110, which read es fol- lows "I wrote to you on February 23 and submitted a proposal for and in behalf of the employees' of the City of Stillwater and to dateI; have not heard from you concerning the position of the city in this matter. I'would appreciate it if you would advise me as to a time, date and place where we might meet with the City`Council' or a committee of the City Council so that these changes 'may be made to the benefit of the employees." (This letter was addressed to Mayor Madsen) PETITIONS None DELEGATIONS Wt INDIVIDUALS Mn. Melvin Ludwig: appeared before the council and inquired if the council Las any definite` plans to"complete the McKusick Lake dam. Mayor ;Madsen informed him that there is no money available at this time to complete` the dam and sug- gested that the cost to complete the project should probably be assessed against land abutting Lake McEnsick. Mn. Henry Huelenan appeared before the council and complained about rubbish blowing off truckshauling' to the city dump and suggested that the council en- force the ordinance which provides in pert that rubbish haulers Must cover. their loads with a canvas to prevent rubbish blowing off onto city streets. UNFINISHED BUSINESS This was the date and time set to consider an act upon assessments which have been made upon and against real estate benefited to defray the cost of con- structing sanitary sewer in the following streets and sanitary sewer lift sta- tion in the following area. 350 • • Sanitary Sewer: West Ramsey Street from South Center Street to South Brick Street West Myrtle Street 148 feat east of Center Street to South Brick Street West Linden Street 306 feet east of Center Street to Korth Brick Street. Meadowlark Drive from Center Street to South Musick Lane South MCKusick Lane from Meadowlark Drive to 372 feet northwest of Meadow- lark Drive. Robin Lane from West Linden Street to Meadowlark Drive Center Street from West Ramsey Street to West.Myrtle Street Center Street from West Linden Street to Meadowlark Drive Brick Street from West Ramsey Street to West Linden Street Lookout Street from Brick Street to end of Lookout Street Echo Lane from West Myrtle Street to West Linden Street Sanitary Sewer Lift Station: General area receiving benefit or potential benefit by construction of sewage lift station (MCKusick Lake area) 1. A11 that area within the corporate limits of the City of Stillwater bound- ed by the city limits on the west, MoKusick Lake on the north, Center Street on the east and West Ramsey Street and the extension of West Ramsey Street to the west city limits on the South. 2. The north one-half of Blocks 1, 8 and 15, MCKinstry and Seeley's Addi- tion to the City of Stillwater. 3. The north one-half of Block 3 of Fullerton's Addition to the City of Still- water. 4. The west one-half of Blocks 4, 5 and 12, of Greeley and Slaughter's Addi- tion to the City of Stillwater. 5. The west one-half of'Block 15 and all of Block 14, of Sabin's Addition to the City of Stillwater. Mayor Madsen then asked the City Clerk to read the notice of the hearing and the City Clerk then read said notice aloud. The Mayor then inquired of the City Clerk if the notice had been duly publish- ed according to the City Charter. The City Clerk informed the Mayor and council members that the notice was duly published as required by the charter and that a copy of said notice was mailed to all known property owners affected. Mayor Madsen then informed all persons present that anyone interested in the assessment roll would be heard at this time. Following are questions asked by persons in attendance in connection with the foregoing assessment. 1. Mr. Harold Habit stated that according to the assessment roll, several lots were grouped into one assessment and he felt that each lot should be assessed separately. Mayor Madsen informed him the assessment roll will be modified and will corres- pond with the tax abstract in the county auditor's office. 2. Mr. Reuben Granquist inquired:if he will be assessed on property which he deeded to the City of Stillwater giving access to MoKusick Lake. The city attorney informed him that he would not be liable for any assessment against city owned property. 3. Mr. Henry Radio stated that several lots owned by him have been grouped in- to one assessment and inquired if the council would arrange to take the total assessment and divide same by the number of lots and arrive at a fixed cost per lot. He stated this request was made because some of his larger lots have an assessment amounting to more than the actual value of the lots. The Council members agreed to comply with his request and the city engineer was instructed to make the necessary changes. • • 351 e • is 4forEthef lilt stationnstated that because hia propertycould does noeabuttdawsanitary sewer. Mayor Madsen explained that the entire area served by the lift station at the pre- sent time or in the future, is being assessed. 5. Mr. DuRooher inquired if the new sewer is constructed so that all of his pro - party can be connected to the system. The city engineer informed him that risers have been provided an all of his pro- perty can be connected to the new sewer. 6. Mr. Robert Shopbell inquired if it would have been possible to lay the sewer and water pipes in the same trench. The city engineer stated that both pipes can be laid in one trench but this would have necessitated a much wider trench so pipes could have been spaced to meet state requirements. Mr. level c Shopbell o complained area that surface water is draining onto his property since the street The city engineer informed him this condition can be corrected. After all persons were given an opportunity to be heard, the Mayor then closed the hearing. The council agreed to make the following changes in the assessment roll: 1. al assess ment in connection involved and not basedohnefront foota ge. propertygeto be divided by the numberoflots 2. All lots will be assessed as they appear on the abstract in the county audi- tor's office, that is, lots will not be grouped into one assessment as they now appear on the assessment roll. 3. Assessments against exempt property will be spread over the entire project so gives access that osa ofofo the assessme twill be paid by the city.(city property invol- ved 4. Assessment roll will be confirmed and established after the foregoing changes have been made. The city engineer stated that he has contacted Mr. Clifton Halsey and set forth a proposal in connection with certain changes in the location of Borup Street but Mr. Halsey has not replied to date. (Change in location of Borup Street re- quested by Mr. Halsey.) On motion of Councilman Charlsen, seconded by Councilman Simpson, it was de- cided to grant an easement to the Minnesota Highway Department on and over barge terminal property for the purpose of installing a culvert to drain surface 'water from new highway construction. (Easement requested by John Riley, Lands and Right -of -Way Section, Minnesota Highway Department.) COMMITTEE REPcRTS Councilman Charisen 1. Inquired of the city engineer if city parks are being raked and cleaned. 2. Stated that he and the city engineer have located a suitable used road grader at the Austin Western Company and same can be rented at the rate of $500.00 per month. The grader is in good condition and is a four wheel drive and also four wheel steering. He recommended that the council rent said grader for an in- definite period of time. the city gOn ineeriwasof authorizedato reentoa, gradered atay cost Councilman t 0500.00 a month. en - Councilman Simpson 1. A tank truck was purchased from Maple Island, Inc. Same will be used in con- nection with fire runs whenever necessary. The tanker has been modified so it is adaptable for any use in connection with fires. Be stated that the city attor- ney williprovidethe for extraochargedrawing wwhenevercontracts the tank truckvarious istownships which contracts • • :351 e • Councilman Tennant 1. A new calculating machine has been ordered for use in the engineer's office and the calculator now being used in the engineer's office will be transferred to the office of the sewage disposal operator. 2. Suggested that the street department make necessary arrangements to float the diving dock at Lily Lake Beach. NEW BUSINESS Request from Mrs. Roy Rydeen, 917 West Myrtle Street, for residential park- ing signs covering area from 917 West Myrtle to intersection of Myrtle and Owen Streets (same type sign used in connection with Deno Food Market) Reason for request is due to proposed Supermarket in building owned by Clinton Carlson, Myrtle and Owen Streets. Mayor Madsen referred this matter to the Chief of Police. t the neectionwith theted firehrunt htohthed rPaulved Bischoffaints propertyuon Februarye3,n1961 because 13 firemen were used at this fire. No action was taken and the City Clerk was instructed to collect $420.00 which is the amount billed to Oak Park Township on February 8, 1961. No action was taken on.the request from Mrs. Ray Thompson for refund of sewer assessment in the amount of $100.00. Mrs. Thompson who resides in a trailer house at 914. North Fourth Street informed the clerk that the trailer has been sold and will be moved in the near future. On motion weref Crouncilman Simpson, rolls of seconded firan emen: 1. the following 1. Ernest Dielenthies 2. Harold Buokentin 3.James Dearborn 4. Joseph Aubin, Jr. 5. Carl Sletten . Charles Walker 7. Clifton Halsey 8. Richard Anderson and the following persons were added to the rolls: 1. Dale Tulgren 2. Paul Halverson On motion of Councilman Charlsen, seconded by Councilman Simpson, it was de -- aided to engage the public examiner to ardlt and examine accounts and affairs of the city for the period from July 1st, 1960 to January 1, 1961. On motion of Councilman Simpson, seconded by Councilman Charlsen, it was de- cided ocancel a0Oary,a19for ot othe Elizabeth tolre- sidence inOak PrkonJanury 3, 1961. Total charge$350.00,balancetbe collected $200.00. Patrolmen inquired if shirts are considered an allowable item under uniform allotment. Council members were agreed that a uniform consists of a cap, coat and trousers. On n the motion of entsntolinsuranceopoliciess were yapp ovedmandC ordered , follow- ing 1. Policy # 1A611006 Comprehensive and collision, eliminate 1951i3Dodge0truck 13 2. Policy #1A611�806, Comprehensive and collision,add 1961 Chev__r98olet 2-door nix cylinder, two-way radio,shotgun end siren. 3. Policy #1A611006,Comprehensive and collision, add 1961 Dodgeppick 1pick3 p- dump4. truckS#A6]48 6, Comprehensive and collision, add 1961 International 5polic . policy 8E1A61b806,Comprehensive end collision, add 1950 Ford 1600 ea11on 9882027. 6. olicy #1{10527266, Liability and property damage, add 1950 Ford, 1600 gal- lon tanker, S-98E 9132037. 4.4 ti • • • 353 w • -wr un motion of Councilman Charlsen, seconded by Councilman Tennant, the City Clerk was authorized to hire a person or persona to make a house to house can- vas and inform all dog owners that they must purchase a license. Proposed agreement submitted by the Minnesota Highway Department covering revi- sion of traffic control signals at the intersections of Main and Chestnut Streets and Main and Myrtle Streets was carried over to the next meeting of the council because the proposals did not include the cost to move the control box located at Main and Myrtle Streets. On motion of Councilman Charlsen, seconded by Councilman Tennant, a plat known as "Bergen's Forest Hills Addition to Stillwater" was approved end accepted and the City Clerk was directed to sign'the certification on said original plat and tracings thereof. On motion of Councilman Tennant, seconded by Councilman Simpson, the Building Inspector's report covering activities during the month of March, 1961 was ap- proved and ordered filed. Mr. Kimmel appeared before the council, representing Mr. Harold Munson who re:= sides on Oak Street. Mr. Kimmel stated that the sewer assessment against the Munson property is erroneous because the house is presently connected to the sewer system and the new sewer does not benefit the property directly. Mayor Madsen inquired if Mr. Munson has a permanent easement covering location of present sewer which crosses private property. The city engineer stated that he was not aware of the fact that the Munson house was connected to the sewer system. The city engineer presented preliminary plans and estimated cost in connection with the following proposed street improvements: 1. Storm sewer, concrete curb, property connections and street surfacing on West Pine Street from South Grove Street to South Hemlock Street. South Hemlock Street from West Pine Street tp West Olive Street. Estimated total cost of project $45,102.75, less 20% to be paid by the city. Total assessable cost, $36,082.20. Cost per front foot $13.30. (bituminous curb, $11.77 per front foot.) 2.Street surfacing, curb and gutter on West Marsh Street from South Fifth Street to South Sixth Street. Estimated t ta1 coat of project $4,690.34, less 20% to be paid by the city. Total assessable cost, $3,752.28. Cost per front foot $6.99. 3. Street surfacing, concrete curb and gutter, West Moore Street from North Fourth Street to North Martha Street. Estimated total cost of project, $9,487.86 less 20% paid by the city. Total assessable cost $7,590.30. Cost per front foot $5.89, On motion of Councilman Charlsen,seconded by Councilman Simpson, the plans as presented by the city engineer were approved and the City Clerk was directed to give noive ticeoof P.hearing on the proposed project, said hearing to be held on May 9, Mr.Zeuli appeared before the council and requested permission to erect a refresh- ment stand on Mulberry Point. Mayor Madsen informed Mr.Zeuli that the land is leased from the railroad company and the lease provides that the land can be used for parking purposes only. Councilman Tennant, nominated Councilman Charlsen to serve on the Board of Equa- lization and on motion of Councilman Simpson, the nominations were closed and the City Clerk was directed to cast a unanimous vote for Councilman Charlsen. Whereupon the City Clerk declared Councilman Charlsen duly elected to the Board of Equalization. (To replace former Councilman Jewell, resigned.) • • • 354 • • ORDINANCES On motion of Councilman Simpson, seconded by Councilman Tennant, the CFILL PRO. ity Clerk Vmade IDINOhFOR RULESANDREGULATIONSof "AN RCOVERINOINANCE ETHE SSTABLIAFE ANDSHING AINAOFFE NITARY SIVE AND OF SAES:AND FIRING PENALTIES FOR VIOLATION THEREOF." _ The ordinance was membersaofs theion council voted in the affillowed rmative exceptroll call LSection 1. Councilman Charlsen voted 'No'. The chair then put the question,"Shall this ordinance pass'" and upon roll call the ordinance was duly adopted. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted:. 1. Directing thepayment of bills. 2. Designating depositories of public funds. 3.Authorising leave of absence (Frank L. Quick) 4. Relating to compensation of Fire Department employees. 5 Fixing compensation of auxiliary firemen. 6. Ordering hearing on street improvements (West Pine Street between South..:CW0 Street and South Brick Street South Hemlock Street between West Olive Street and West Pine Street Street West Marsh Street between South Fifth Street th tand Soand uthhSixth Street ) ADJOURNMENT On motion of Councilman Tennant, seconded by Councilman Charlsen, meeting ad- journed at 1:00 A. M. Attests Mayor e • Council Chamber Stillwater, Minnesota Special Meeting The meeting was called to order by Vice -President Charlsen Present: Councilman Simpson, Tennant and Vice -President Cbarlsen Absent: Mayor Madsen RESOLUTIONS April 28, 1961 3:00 P.W. The following resolution was read and was on roll call unanimously adopted: 1. Approving collateral and fixing place for safe keeping thereof. ADJOURNMENT On motion of Councilman Simpson, seconded by Councilman Tennant, meeting adjourned at 3:15 P.M. .CMG l Jlds. — Vice -President Attest: 355 • 356 • Council Chamber Stillwater, Minnesota May 9, 1961 7:30 P.N. O"a "C i< CD Regular Meeting The meeting was called to order by President Madsen Opening prayer by the City Clerk Present: Councilman Charlsen, Simpson, Tennant and President Madsen Absent: None On motion of Councilman Charlsen, seconded by Councilman Tennant, minutes of the regular meeting held on April 11, 1961 were approved. APPLICATIONS Applications from Ed. Knefelkamp, 1101 North Owen Street, for "On" and "off" sale 3.2 beer licenses. were presented but on account of being in the residen- tial district were automatically carried over to the next regular meeting of the council on June 6, 1961. Application from Arnold Deno, 215 North William Street for "Off" sale 3.2 beer license was presented but on account of being in the residential district was automatically carried over to the next . regular meeting of the council on June 6, 1961. 02 Fourthation Street forrom tohn "Off"" sale ,3.21beerbusiness licenseas wasopresentedpbut on accountSouth being in the residential district was automatically carried over to the next regular meeting of the council on June 6, 1961. Application from Arthur A. Nelson, 920 West Olive Street, for "Off" sale 3.2 beer license was presented but on account of being in the residential district was automatically carried over to the next regular meeting of the council on June 6, 1961. 0n motion of Councilman Charlsen, seconded by Councilman Simpson, "On" and "Off" sale 3.2 beer licenses were granted to Patrick E. White, 603-West Churchill Street on the second reading of the applications subject to the approval of the city attorney. 0n motion of Councilman Simpson, seconded by Councilman Tennant, a soft drink license was granted to Myrtle L. Norris, doing business as M & M Superette, 101 North Owen Street. On motion of Councilman Charlsen, seconded by Councilman Simpson, a cigarette license was granted to Myrtle L. Norris, doing business as M & M Superette, 101 North Owen Street for the period from May let, 1961 to January 1, 1962. 36.00) . COMMUNICATIONS to�callayourAtwood attenttiioneagen to theK. itenceich that W. R. Mahood plafollows ced onwould Ridge Lane Drive Boulevard when he built his new home. In building this fence, as you know, he undermined the boulevard end took the.dirt to fill around the new house. The City Council at that time demanded that Mr. Mahood remove this fence and place the dirt back on the boulevard as soon as the weather would permit. As a resident taxpayer, we would like to ask the council to nee that this is done as soon as possible. A city drain was also placed on our property and without our consent. We would like a drain placed further up so that all the dirt and silt from the construction of new homes will not come down upon us as it does now." On motion of Councilman Charlsen and seconded by Councilman Simpson, this mat- ter was referred to the city engineer. • • From Lyle J. Eckberg, attorney for the Grant Township, which read as follows "The Town Board of the Town of Grant has asked me to contact you and advise you of the existence of. Ordinance No. 2 in said town, a copy of which is en- closed herewith. The Town Board has requested me to advise the City of Still- water that they will expect the City of Stillwater to comply with all provisions ttaid ofiGr Grant which itunderstand rumoreda, ttheythey expectp touseforcertain dumpingproperty in . On motion of Councilman Charlsen, seconded by Councilman Simpson, the City Clerk was directed to acknowledge receipt of the foregoing letter. From E. M. Fry, Colonel, Corp of Engineers, Acting Division Engineer, in regard to notice of review report on small boat harbor St. Croix River at Stillwater, Minnesota. :(Wolf Boat Works) From R. D. Sagan, Vice -Chairman of the Planning and Zoning Commission which read in part as follows "At our regular Planning and Zoning Commission meeting last evening, we regretfully accepted the resignation of George Stennes, our excellent chairman thesefirst two years of our Commission's operation. All of us join with you in a speciallThank You' to George for hisgreat ;civic contri- bution. Inasmuch as our annual meeting.is coming up next month, we have tabled the matter of an election to fill the chairmanship until then. It will be our aim then to elect a new slate for the coming year. In line with our policy of preparing for the longevity of the Commission, we will also be considering four new citizens to he recommended to you for appointment to this group. Then next fyear illed when time, we the originallappointl teeesdanother reach thegendpso that all seats will of their three year term. Our Planning and Zoning 'Commission discussed .the request of theFirstBaptist Church for a building variance in order to make an :addition to the west end of their present building for education purposes, based onplanning principles and not on whether or not neighbors agree, we recommend to the City Council that the request be granted. A long discussion was again held on our business district circulation of traffic and psrlcing problem. In line with our belief that the city must take the initiative as regards the highway problem and after showing the latest proposals to many business. men including the parking com- missioner , the retail committee and :the Board. of Directors of the Chamber of Commerce, we have ordered our professional planner to prepare his final report on this matter, `a copy of which will be handed to you soon. As apart of :mis cellaneous business resulting from requests made of ourmembers, we discussed a matter that more than likely should be directed to the City Council, that matter : being the request for a temporary narrow strip ofcold black -top to be Placed ': along the low part : parking area so that a person might use it without wearing hip boots. No decision reached other than agreeing that It has been and it may continue to be muddy in that area." On motion of Councilman Simpson, seconded by Councilman Charlsen, it was de- cidednto acceptthe recommendation of the Planning and Zoning Commission in re- gard to the request for. a (special permit to make an addition to the west end of present Baptist Church building for educational purposes. A copy of a letter from the Banister Engineering Company to the Solberg con- struction Company, 2107 SouthConcord Street, Inver Grove, Minnesota, which read as follows "You will recall that on October.:25, 1960, we wrote you and enclosed 18 copies of letters we sent to various people living along Fourth Street and stated that various sidewalk work must be reconstructed. Weather conditions and the season of the year are such that thiswork should now progress end; be completed at the earliest ypractical time. We would be pleased if arrangements would be made to reconstruct necessary sidewalks and:, apply the seal coat to the finish street surface within the near future. We would suggest that the side- walk and concrete work be done first before the seal coat work is done so that cleanup of concrete and similar need not be done after the seal coat has been. applied. We Would appreciate receiving an answer in regard to this at your early convenience." An announcementfrom the. Minnesota Safety Council in regard to the Governor's award presentation dinner to be held on Thursday, May 25th, 1961, at 6 o'clock in the main ballroom, Rotel St. Paul. A o Mr.Clifton 735 copy Fremont Street, of a letterAnoka, Minnesota,rom Ronald E. which read asgfollowst"The enclosedHsketch wil show you the proposed change in the location of Borup Street. This is sent to you for your comments and approval or rejection. The right-of-way width will remain as fifty feet. The exact .widthof the roadway.will depend on the develop- ment of the area to the south of your property. As you will note, the areas of the pieces of property to be exchanged are very close in size. As of the :writing of this letter, this office has not contacted Mr. E.R.Thueson as to whether he will approve ,/T$µtruld-appreciate If after ourconsidering contacting my office."enclosed sketch, you any question$, Wtl1Yld� Pp y • e 358 From Orville C. Peterson, Executive Secretary of the League of Minnesota Muni- cipalities in regard to the annual convontion of the league to be held in St. Paul on June l6.th, 15th, 16th. Mayor Madsen suggested that the elected and appointed city officials who plan to attend the convention contact the City Clerk so reservations can be made in advance. te of garrd Jack betteruor rol known massthe BottleaClub Bill, Chapternre- 735, Session Laws, 1961. PETITIONS A petition ith signatures of ten property owners affected, requesting sewer extension in thefollowing streets: 1. Orleans Street from South Sixth to Everett Streets 2. Everett Drive which is a continuation of Everett Street from Orleans and Everett to Harriet Street. 3. Harriet Street from Everett Drive back to Orleans Street wOn as morderedffiled iinmtheC officenofathenCitd ybClerk andmthe.matter, was e referredn to the Banister Engineering Company with instructions to prepare plans and es- timate of cost. A petition signed by I. A. Bergen, Local Realty, Incorporated, requesting rough grading of the following streets: 1. Orleans Street from South Sixth to Everett Street 2. Everett Drive which 1s a continuation of Everett Street from Orleans and Everett to Harriet Street 3. Harriet Street from Everett Drive back to Orleans Street. On motion of Councilman Tennant, seconded by Councilman Charlsen, the petition toatheordered city engineer with instructions to office of the City prepare plaanshand estimatedmatter was eosreferred A petition with signatures of eight property owners affected requesting sewer extension in Sycamore Street between Second end Fourth Streets and North Fourth Street. On motion of Councilman Charlsen, seconded by Councilman Tennant, the petition was ordered filed inr ths officenwithhinstructions Clerk todpreparematter plans and estimated to Banister Engineering Company cost. DELEGATIONS OR INDIVIDUAIS Five property owners from the Fairmeadows area appeared before the council and inquired if any progress has been made in connection with the petition request- ing sewer extension which petition was ordered filed by the council on February 16th, 1961. mt. Bs is erlofbeepresentedar Engo ineering eringiCompan nyne ated9that plans for the sewer e wi UNFINISHED BUSINESS This was the day and time set for public hearing on the following proposed im- provements: and 1. Grading and surfacing of West Pine Street between South Grove Street South Brick Street and South Hemlock Street between West Olive Street eandm sewersPine andStreet sewer andlwater lateral construction connections necessary curbs, gutters, 2. The grading and surfacing of West Moore Street between North Fourth Street end North Martha Street including construction of necessary curbs and gutters. 3. The grading and surfacing of Went Marsh Street between South Fifth Street and South Sixth Street including construction of necessary curbs and gutters. Mayor Madsen asked the City Clerk to read the notice of the hearing. After same was read, the Mayor then inquired of the City Clerk if the notice was duly published. The City Clerk informed the mailed to all kknownipropertyuownrs. pub- lished and a copyh in the Madsen heard and that all persona interested e • • • 359 e • 1. Mr. Shields Smith acted as spokesman for a group of property owners pre- sent in connection with the proposed improvement of West Pine Street between South Grove and South Brick Street and South Hemlock Street between West Olive Street and Weat Pine Street. He stated that a petition for the improve- ment was presented and ordered filed by the council several months ago and that the city engineer gave an estimate of cost on April 11, 1961 and he was surprised that storm sewers were included as part of the improvement. He also stated that the property owners affected met last week and after considerable discussion all agreed that they could not bear the cost of the improvement it the storm sewer system was included, and at that time he was instructed to meet with the city engineer and inform him that the property owners could not afford to pay the assessment if the storm sewer was included but all hod agreed that the streets should be surfaced and a concrete curb and gutter should be in- cluded in the improvement. a. The city engineer stated that some type of storm sewer must be installed to take care of the surface water in the area. He suggested that storm sewer inlets be provided at Brick and Pine Streets and Grove and Pine Streets. The council mem- bers agreed and informed the property owners that only 20% of the total cost to provide the storm sewer and inlets would be assessed against the property in- volved and the engineer estimated that 20% would amount to about 50# per foot. Mr. Smith then polled the group in attendance and all agreed to pay the addi- tional 501 per foot and a total estimated coat of $7.95 per foot including street surfacing, concrete curb, gutters and partial storm sewer. After everyone was given an opportunity to be heard, the Mayor then closed the hearing on the West Pine and South Hemlock Street improvement. (See Resolu- tion item # 1) 2. No one appeared who was opposed to the Weat Moore Street improvement be- tween North Fourth and North Martha Streets. After everyone was given an opportunity to be heard, the Mayor then closed the hearing on the West Moore Street improvement. (See Resolution item # 2) 3. Mr. Marsh Wangerin and Mr. Heinen stated that most of the property owners affected were not in favor of proceeding with the West Marsh Street improve- ment between South Fifth and South Sixth Streets. After everyone was given an opportunity to be heard, the Mayor then closed the hearing on the West Marsh Street improvement. (See Resolution item # 3). Modified assessment covering sanitary sewer and sanitary sewer lift station in the MOEusick Lake area was presented and on motion of Councilman Tennant, seconded by Councilman Charlsen, the assessment roll was ordered filed in the office of the City Clerk and the City Clerk was directed to give notice of hearing on same to be held on June, the 6th, 1961 at 7:30 P.M. The city attorney stated that he had written a letter to the Chicago, Milwaukee, St. Paul and Pacific Railroad Company in regard to purchase of land lying north of Mill Road near sewage treatment plant but that he has not received a reply. COMMITTEE REPORTS Councilman Chsrlsen 1. He stated that play swings have been ordered and will be erected at Lily Lake Beach, Staples Field and the triangular area on South Broadway. NEW BUSINESS On motion of Councilman Tennant, seconded by Councilman Simpson, the following persons who failed to make the first installment on local improvement assess- ments within the required time were granted permission to pay the assessment in installments as provided in Section 245 of the City Charter: 1. A. G. Gunderson, 418 South Hemlock Street (Project #22-Sewer and Lift Station) 2. Paul Liberty, 1807 West Olive Street (Project #22-Sewer and Lift Station) 3. George McFadden, 1319 West Pina Street (Project # 22-Sewer and Lift Station) On motion of Councilman Simpson, seconded by Councilman Tennant, insurance poli- cy #AC27-750 issued by the Wabash Fire and Casualty Insurance Co. covering 1953 Roo Civil Defense Unit S-FCDA19 in the following amounts: Bodily injury, $50,000 each person, $100,000 each accident, property damage $5,000 each accident, was approved and ordered filed. • • • 960 e • On motion of Councilman Simpson, seconded by Councilman Tennant, insurance policy #25-01-825 issued by Fidelity Phoenix Insurance Co., covering onestory andframe toLowell Park �anount of d ordered fil d0 against fire, lightning exendedcoverage was approved On motion of Councilman Simpson, seconded by Councilman Tennant, insurance policy #BBF56831 issued by the Fidelity and Casualty Company known as Money and Securities broad form policy covering loss of money inside premises in the amount of $2,800 and loss outside premises in the amount of $2,200 was approved and ordered filed. The City Clerk reported that complaints have been received about junk yards on the Willmar Mueller and Virgil Spencer property located on North Third Street. On motion of Councilman Charlsen, seconded by Councilman Simpson, the matter twas ionedfproperty ownersief of to remove lce thewith junkifromuthairsto propertorm the above men- tioned Dr. K. L. Blodgett who is Director of Civil Defense in the City of Stillwater and also an auxiliary fireman requested permission to park his automobile near his place of business so same is available in case of emergencies. After some discussion in regard t o this matter, the city attorney was directed to review autlaws horizega regularsivil salary fore theDirector of Civiif lDefenselinas theuCitylof to Stillwater. The clerk reported that Mr. Victor Garay called him and stated that he did not receive a statement covering sewer assessment in the amount of $300.00 against Lots 20 and 21, Block 3, Sabin's Addition. The assessment became delinquent and 1/20th of the assessment plus interest was certified to the county to be collected with real estate taxes. The clerk stated that he had checked this matter and found that the statement covering the assessment was mailed to the person who was leasing the property from Mr. Carey. Mr. Garay has requested that the assessment and interest be removed from the tax rolls. On motion of Councilman Charlsen, seconded by Councilman Simpson, the matter was referred to the city attorney for an opinion as to whether or not, the council has authority to order the assessment removed from the tax rolls. On motion of Councilman Charlsen, seconded by Councilman Tennant, the following sewer rental charges were fixed for the year 1961: r 21. . L.lW. LiG�r, 151102 NorthtFirst Street,rd t$5$ 067 perequar quarter 3. Arnie Flea, 503 West Stillwater Avenue, $5.00 per quarter. the On motion of Councilman ingractivities duriseconded ng the month of Councilman April, 1 61 wasdap inspector's report covering proved and ordered filed. Clerk reported that he had billed Washington County in the amount of $4,351.66 in connection with the South Fourth Street Improvement and received a check in the amount billed which represents 17.4% of the cost to construct the storm sewer. Actual cost to construct the storm sewer affecting the county amounted to 'i2700 according to the Banister Engineering Company. On motion of Councilman Simpson, seconded by Councilman Charlsen, the City Clerk was authorized and directed to publish his financial statement covering years 1959 and 1960 in detail as presented to the council. On motion of Councilman Charlsen, seconded by Councilman Tennant, assessment covering seal coating of various streets during the year 1960 known as Local Improvement No.30-19b0 was ordered filed in the office of the City Clerk and the etCCity tClo erk hwas as onJune, tog ie to notice of hearing on said assessment at a m ng Mr. William Banister and Mr.Carl Burhandt of the Banister Engineering Company appeared before the council in regard to State Aid Needs Study. Mr. Burhandt explained that the State Screening Committee had reduced the amount set by the city covering previous Needs Study by about $200,000. This amount was taken from the right-of-way costs which have been set at ;310,000 and is now set at ing Committee statedt his reduceion theit is amount questionable inhthe NeedsState oreen- fromytheand attorney generalt the as to whetherrortnot8thetState Screening Committo get an tee on has authority to reduce a legitimate Needs Study report. Mr.Burhandt also sug- gested that the Needs report could be modified somewhat by the city. mOn motion of odification was referred Simpson the seconded banister Engineering�Company andthe themcityr en- gineer. • • • 361 • On motion of Councilman Simpson, seconded by Councilmen Changan, Judge Jewell was authorised to expend about $50.00 for the printing of pamphlets to be used in connection with Municipal Court. Mr. Robert Hagen, Chairman of the Planning and Zoning Commission recommended the siona toot placet Mr.CGeorge Stennen s, rea signed, fort thepte miexpiringZoMayg lst, m1962. Mayor Madsen then announced the appointment of Mr. Chester Wilson to serve as a member of the Planning and Zoning Commission and on motion of Councilman Chanson, seconded by Councilman Simpson, the Mayor's appointment was confirmed. Dr. K. L. Blodgett, Director of Civil Defense, submitted the following report "We have been studying federal, state, county and city laws on civil defense to establish what can be done to get civil defense in operation Again. We have con- ferreitto- nightdaw15hhours course on survival Clif Halseon past rpreparedness program ations, etc. Tbe rwhich is givector is eniin St. Paul. Upon completion we intend to start work on the community -plan fbr Still- betapprov dsbyithewll istatenclds in orderreto qualify for te plan for vmatching il sfunds. e for thIt isythe desire of the director to have the council or mayor appoint a deputy director who can work closely with the director and who could take over the job should it become necessary. We also request the council to provide some means for perking the di- rector's oar without penalty. The car is essential for civil defense duties and also for reporting to the fire department as a truck driver operator, especially since there 1s a maximum of five volunteers readily available.during the day. We uarsalnmeans mof ay not identification all ofhe hectime."her than a permanent placefor parking ceit Mr. Roderick Lawson appeared before the council and explained the provisions contained in the enacted into law sanitary duringtdistrictbill. t hissession of the legislature, thed e,itprobablynwouldlbee detrimental to the City of Stillwater because too much power will be vested in a committee and the bill does not contain a local consent feature. On motion of Councilman Charlsen, seconded by Councilman Simpson, the City Clerk was directed to inform Senator Salmore that the City Council opposes any sanitary district bill which does not contain the local consent feature. (See Resolution) On motion of Councilman Tennant, seconded by Councilman Charlsen, Jack Shelton, forrplantingthe on sewagesal dispwas osal plant at uthorized to purchase u costsnotrees to exceed $500.00. ORDINANCES None RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the payment of bills. 2. Authorising execution of easement (State of Minnesota for highway purposes) 3. Relating to uniform allowances (Police and firemen) 4. Employing temporary fireman (Jack Myers) 5. Fixing compensation of beach personnel for 1961 season. 6. Appointing deputy city clerk and treasurer (Marlene J. Anderson) 7. Employing engineering services (Banister Engineering Company) 8. Relating to Metropolitan Sanitary District legislation. 9. Ordering improvements and preparation of plans and specifications (Westeet Pine Street Streetwbetweeneen tWest Oliveh Grove rand South Brick StreetanWestPineS treet and SouthWest Mooe Street between North Street. West MarsStreet North a Street h Street between South Fifth Streetand South WestSixth Street.) • • • 362 ADJOURNMENT On motion of Councilman Tennant, seconded by Councilman Charlsen, the meeting adjourned at 11:10 P.M. ayor Attest: Cfty Clerk Council Chamber Stillwater, Minnesota June 6, 1961 7:30 P.M. Regular Meeting The meeting was called to order by President Madsen Opening prayer by the City Clerk Presents Councilman Charlsen, Simpson, Tennant and President Madsen Absent: None On motion of Councilman Simpson, seconded by Councilman Tennant, minutes of the following meetings were61 approved: Special Meeting April 28, Regular Meeting May 9, 1961 7t30 P.M. APPLICATIONS On motion of esesaeatedto Ten Or and Osale 3.2beer licenses were Ed. Knefelkamp,1101North Owens Street,on the second reading of the application. Councilman an " sale 3.12mbeernllcensenwas granteof Coucilman d Arnold Denoseconded , 21rj North William tStreet Fon the second reading of the application. On motion of Councilman Simpson, seconded by Councilman Charlsen, an "OFF" sale South FourthcStreet,a o granted second ohn reading ofdba theHapplicationermarket, On motion of Councilman Charlsen, seconded by Councilman Simpson, an "OFF" sale 3.2 beer license was granted to Arthur A. Nelson, 920 West Olive Street on the second reading of the application. On nded motion ofilman sen, F. zeulib, ytoCouncilman nSimpson, city streets. eTh ti • • • 363 w • • On motion of Councilman Charlsen, seconded by Councilman Simpson, a soft drink license was granted to Wayne Peterson, 210 East Laurel3treet. (Refreshment stand near Pioneer Park.) by n ant, a oft drink licenseowasfgranted ltonGeorge A. Muller, ddba Muller'saBoat-tia Simpsonorks at the river front. On motion of Councilman Tennant, seconded by Councilman Simpson, a cigarette license was anted to s 1961 toJanu ary uary 1,Mn1962.s 47.O0OWorka-at river front for the period from June1, On motion of Councilman Simpson, seconded by Councilman Tennant, a soft drink license was granted to Arthur W. Swanson, 229 East Chestnut Street. On motion of Councilman Charlsen, seconded by Councilman Simpson, a cigarette license was granted to A eu toy+January1 Swanson, q1962East . (37 OO)nut Street for the period from Junelet, 1961 COMMUNICATIONS A copy of a letter from Carl Burandt of the Banister Engineering Company to E. L. Pearson, Assistant District Engineer, Minnesota Highway Department which read as follows: "Enclosed is the 1901 M.S.A. system apportionment data sheets which needs that have beensed deleteddeareion the1M1.S.A.s eds routesmwhich havedata sbeens. The recon- structed to M.S.A. standards. The matter of re -designating part of Still- water's M.S.A. arterial system was discussed at the regular City Council meet- ing on May 9, 1961. The City Council was quite concerned with removing three blocks of Mulberry Street at the south end of Second Street from the M.S.A. street system. During the discussion in regard to this matter the needs factor was discussed. The City Council dwelt in great detail on the arbitrary reduc- tion made by the screening committee of Stillwater's M.S.A. right-of-way needs. The City Council has asked that the city engineer and the writer arrange fe a meeting with you and possibly Mr. K. Mason or similar person and discuss sever- ive to al systemsof Stillwater.t Resolutions ne council awill s cbetdrawn and rpropos dtain nrouteges nchanges the -.A. will be included in the resolution." From Joseph F. O'Brien, Miss Alice O'Brien, Richard McKnight, Martin E. Hanson addressed to the City Clerk which read as follows: "(1) We have your notice above identified and with regard to the council meeting scheduled for Tuesday, June 6, to act on assessments (seal coating - 1960). (2) You do not state how much the respective assessments will be, that is, the rate per running foot ice. We cof frontag. ould thenebetter vt ll asuof nowIt wold be astowhether helpful sto come we now todthe er cour touncilmeeting and maybe sit and sit and sit and/or listen to a lot of talk and maybe argument, etc. etc. and there have to decide on the spot whether to object to the contem- plated council action or proposed action or not. It would seem not too much de- tail work for you t o take the city engineer's per foot frontage dollars figures and put same over that last column you have at the right side of your notice sheet. That would be most helpful to all and serve to simplify the task of each property owner affected and also expedite council work a good deal. (3) The undersigned's Tyheeredarepnophousessonntheeeasttsideeoff the street. The property the ear Cher- ry. is hardly feasible for any houses as you may well be aware. The question, therefore, is (A) Does the assessment roster you have, that is the dollars, make us on the west side of Sedond pay for the full width of the street for our respective frontages or do those owning the property on the east side get It beassesmet for their foreawen make up our midsaas� to( whether to4) One hgo toer e the council m I wish umeeting would aJune 6.ise n (A) The Carlson Bros. with their heavy tractors (International Harvester Agency) down at 217 North Second literally tore up our Second Street frontage street pavement. We filed with you written complaint. The Carlson stopped their tractor testing, racing etc. up Second, north of Mulberry for awhile. They per- sist, however. They are supposed under the mityl orldinance nc utoskeekeep yall lee.tthat tirea manuvering, including street wrecking by of their farm machinery,down in the commercial zone. Do •.ou (the city) intend to make the Carlson keep their machinery off Second, north of Mulberry? If not, we ask you arrange for the city, itself, to pay the seal coating assess- ments on our frontages. (5) One other question, Mr. City Clerk, of the seal coating assessment matter. -(A) Our In otherecond wo words, Street by reason ofotkeyoddrand peculiar Street le a one-way street emake reasoning that makes Third a one-way street (South going traffic only) our Second Street must get far more travel and punishment to the seal coating. Does the assessment roll you have and which the council will have s June 6th hear - it ovon er take abenefittedactual Third Streetf thatseal isoprotected iour n its v onlyond et one and put traffic. If not, why not? (1) If you answer 'No' to the above, Len has any • • • 364 • • part of the actual cost then thrown over to the city as a whole to pay. If not, why not? (6) Still another question pertinent at this time (A) Has the city made any progress at all in getting Third Street between the Fire Department and Laurel Street widened so that the city council can then stop the odd and peculiar reasoning which keeps Third a one-way street. If no progress has been made, why not?" From Lawrence Ulrich, 318 North Sherburne Street, which read as follows: "Re- ceived your copy of proposed assessment on Linden Street sewer. As our lots face Sherburne Street and are connected to that sewer, therefore, I see no reason why we should be compelled to pay for something that is of no value to our property". (The city engineer informed the council that Mr. Ulrich is being charged only for service connection to his property.) From :.:r. & Mrs. Fred C.Glaser and Mrs. Chester W.Schaffer which read as follows: "Some time ago we brought to the attention the street light located on Fourth Street near Moore Avenue. This light does not shine on Moore Avenue and this street is dark. We were told to wait to have this changed when the street was fixed. Now that this will be taken care of, will you please have a light put at the end of Fourth Street so that it will take care of Moore Avenue. The only light on Moore Avenue is at the corner of Martha Street, two blocks away. This has been taken up with the Mayor, Mr.Ehlinger and Mr. Jewell when he was on the council. Thank you for your consideration." (Mayor Madsen instructed the city engineer to take care of the foregoing request when the street is improved.) From Roger A. Peterson, 1127 West Mulberry Street which read as follows: "This letter is a written objection to the assessment made on my property at 1127 West Mulberry for the sanitary sewer lift station for the McKusick Lake area. As stated in item #1 on the assessment notice, this area is bounded by Center Street on the east. As we are on the west side of Center Street this in itself should exclude us from the assessment. As you know, Center Street has never been put in and, undoubtedly, will never be put in. The street, 1f put in, would bisect the center of a very steep bank. This street would obviously be of no good use to anyone on either side. The potential benefit which we would receive from this sanitary sewer lift station would be in the very distant future if any benefit would actually materialize. It is the general feeling of most of the people who live on Center Street and who are affected by this assessment that where these so- called benefits were to materialize we wouldn't mind paying this assessment. It has also been brought up by some of the taxpayers affected that there are home owners in the area described in the notice that have been assessed. beI dodnot believe this is fair to those who are assessed. Apparently there have mis- takes made and I believe these should be corrected before any final assessment is made. I sincerely hope that this letter will be given some consideration because I firmly believe thatihis is an unfair assessment." Mayor Madsen suggested that the city engineer review the assessment roll befoe same is confirmed and established. The city engineer Stated that Mr. Peterson does not have a sanitary sewer con nec- tion at the present time and therefore should be assessed. Mr. Peterson appeared before the council and stated that the property located on the east side of Center Street is not benefitted because it would be impossible to build houses in this area. PETITIONS The petition with the signatures of four property owners affected was presented which read as follows: We, the undersigned, representing certain freeholders residing along Dubuque Street and Fifth Avenue South and in areas adjacent the eto in the City of Stillwater do respectfully petition the City of Stillwater, though its City Council, at a duly conducted meeting to consider the request of the said undersigned for the establishment of a Sewer extension running in an easterly di- rection along Dubuque Street from the main sewer line of Sixth Avenue South in the City of Stillwater to service the needs of said residents." On motion of Councilman Simpson, seconded by Councilman Charlsen, the city engineer was instructed to prepare a preliminary report in connection with the sewer exten- sion requested in the foregoing petition. DELEGATIONS OR INDIVID'UALS A delegation from the South First Street area appeared before the Council and com- plained about the sanitary sewer backing up into their basements during heavy rain- falls. They felt that this condition was partly due to additional sewage being discharged from the new Senior High School and the new clinic located in -Oak Park. On motion of Councilmen Tennant, seconded by Councilman Simpson, the city engineer was instructed to check into this matter and file a report at the next meeting of the council. r C: Misio MA • • • • 365 • Mrs. Helene K. Wallis appeared before the Council and thanked the members for their action sometime ago with reference to moving of a fence from city property which fence had been erected by Mr. Mahood and also ordering the construction of a storm water drain south of their property to eliminate surface water and debris from flowing onto their driveway, but she complained that the council's orders have not been carried out. be The city engineer stated that he had talked to Mr. Mahood this morning and that had agreed to move the fence when the grounds are landscaped in the near future. Mr. Peter LeCuyer appeared before the council and informed the members that he has planted several Herfeltu tthatdthene trees on lend owned city should take everyby precaution tot to confine burndump ing of rubbtheish to pineu tdmp swere grounds slwhwhich ch would avoid spreading of fire to his land on which mplained ut the Mr. nectiongwithterecti gesomeftype of sign or guideowhich wouldodelay designate the lo- cation of Lake Street leading to Lily Lake. UNFINISRED BUSINISS Preliminary reports and estimated cost covering the following proposed improve- ments were presented by the Banister Engineering Company: 1. Sewer extension. North Fourth Street from West St.Croix Avenue north to a point 10 feet north of the south property line of the property fronting on the south side of Moore Street on private property from Fourth Street west a distance of t anon West Sycamore Fourth Streetpwesiaadistance of e approximately 270 feet, Setreet from North cost $7,019.60. 2. Sewer extension - Fairmeadows Addition, estimated cos�tr $21,570.55. 3. Sewer extension - Bergen's Addition, estimated coat, $48,300.00. 4 Water main extension - West St.Croix Avenue from North 'William Street to Carnelian Street, estimated cost, $3,881.85. 5. Water main extension - North Fourth Street from water tank to Moore Street, East Sycamore to the east right-of-way line of North Fourth Street and West Sycamore from North Fourth Street to the end of the existing 21 inch main, estimated cost $9,765.30. 6. Water main extension - South Borup Street from Pine Street to Oak Street, estimated cost, $2,409.45. 7. Water main extension - Fairmeadows Addition, estimated cost $5,207.15. 8. Water main extension - Bergen's Addition, estimated cost $18,187.40. 9. Water Main extension - Brick Street from Olive Street to Linden Street, West Ramsey Street from Brick Street to Grove Street and West Myrtle Street from Brick Street to Echo Lane, estimated cost, 434,384.25. 10. Redle's Sunnyslope Addition - estimated cost, $12,365.60. The city engineer reported that plans covering the following improvements have been completed but specifications must be drawn before came can be presented to the council: 1. Grading and surfacing of West Pine Street between South Grove Street and South Brick and South Hemlock Street between West Olive Street and West Pine Street including construction of necessary c urbs, gutters, storm sewers and sewer and water lateral connections. th and 2. Grading and surfacing ooMarthaStreet including construction rMtirof nbessoaryh Marthacurbs Street earl and gutters. This was the day and time set to confider any act upon the revised assessments which have been made ted to defray t constructing sanitary usewer in theon and n estatest real followingstreets and tsanitary lift stationt to of serve the following general area: Sanitary Sewer West Ramsey Street from South Center Street to South Brick Street rest Myrtle Street from 148 feet east of Center Street to South Brick Street West Linden Street from 306 feet east of Center Street to North Brick Street Meadowlark Drive from Center Street to South McKusiek Lane South McKusiek Lane from Meadowlark Drive to 372 feet northwest of Meadowlerive. Robin Lane from West Linden Street t o Meadowlark Drive Center Street from Center Street from West Linden Street to Meadowlst Ramsey Street to West ark eDrive. Stt Brick Street from West Ramsey Street to West Linden Street Lookout Street Brick Street end of Echo Lane from BestMyrtleStreetoLookout Street to West Linden Street • • • • 366 • • Sanitary Sewer Lift Station L'eneral area receiving benefit or potential benefit by construction of sewage h+ lift station (McKusick Lake area) 'rC 1. All that area within the corporate limits of the City of Stillwater hounded Cj by the city limits on the vast, McKusick Lake on the north, Center Street N..on the east and West Ramsey Street and the extension of West Ramsey Street to the west city limits on the south. 2. The north one-half (N.}) of Blocks 1, 8 and 15 of MCKinstry's and Seeley's +r Addition to the City of Stillwater 3. The north one-half (N.Q) of Block 3 of Fullerton's Addition to the City of Stillwater. and 12 of Greeley and Slaughter's 4• Addition toIts west e the lCity � of Stillwater. ks 4 5 r. 5. The west one-half lti(W. ) of Block 15 and all of Block 14 of Sabin's Addition to the City of The clerk read the assessment notice aloud. r„ The mayor then inquired if the notice was duly published. The clerk informed the council that the notice was duly published and a copy of said notice was mailed to all known property owners affected. The mayor then opened the hearing on the assessment roll. did no ocher benefitahis propertyrbecause in snecessary risers ey Street nwere cStreetsk and Grove not provided. Mr. Eugene Boyce inquired why the assessment was revised. Mayor Madsen explained that some,of the property originally assessed had been conveyed to the city by Mr. Reuben Granquist. Mr. zieske encompfor leduecaconnections because hnot toconsulted ltedrabout placing risers on the r Mr.DuRocher also complained about the location of risers on sewer extension. �--. After all persons were given an opportunity to be heard, the Mayor then closed the hearing. (Assessment covering sanitary sewer and sanitary sewer lift station in ineer was instructedutock Lake review theanot assessm assessment and reportrmed at s at thennextdthe regular meeting of the council.) This was the day and time set to consider and act upon assessments which have been made upon and against real estate benefitted to defray the cost of seal coat- ing the following streets; West Maple Street from North Fourth Street to North Everett Street West Willard Street from South Holcome Street to South Martha Street East Churchill Street from Sixth Avenue South to South Third Street South William Street from West Oak Street to West Pine Street South Martha Street from West Pine Street to West Willard Street North Greeley Street from West Myrtle Street to West Mulberry Street West Cherry Street from North Third Street to North Fifth Street West Linden Street from North Third Street to North Fourth Street South Broadway -Hill Street and Sixth Avenue South from 200 feet north of East Pine Street to East Burlington Street. South Holcombe Street from West Olive Street to West Pine Street North Second Street from East Mulberry Street and East Sycamore Street to East Wilkin Street and East Hazel Street South fifth Street from West Pine Street and West Churchill Street to West Willard St. and 426 feet north of center line Orleans Street The clerk read the assessment notice aloud and the mayor then inquired if the notice was duly published. The clerk informed the council members that the notice was duly published and a copy of said notice was mailed to all known property owners. The mayor then opened the hearing on the assessment roll. Mished Reeseed t his surfaceon onteach sideseal ofithejob has not street was note fin- coated with tar. Mr. Ed.Schmulske also felt that the job is not completed, street should be coated with tar up to curbs.d Mr. Mike ing would Mincludetthedfulltwidth ofcity thegstreetineer hfr mscurbdto curb.him t the seal cow - The city engineer stated that the city will complete the seal coating job from curb to curb at no expense to the property owner. Mr. Richert complained about excavations made in the newly seal coated streets. Mr. Green complained net benetittedabecausent on the streetddoeseet notnprovide ingress toorth of Laurel. ll his proopertyywas his property. Mr.Nolde inquired if school busses will be allowed to travel on South Fifth Strew After all persons were given an opportunity to be heard, the mayor then closed the hearing on the assessment covering seal coating of various streets. (See resolu- tion confirming and establishing assessment.) The Chief of Police was not to portion5complaints received about junk i on property by slnotr Civil Defense. 'You have asked this question - can the city pay a regular salary The city attorney You as follows in connection with salary for Director o 951 as to Direto tor reaof Civilch politDicalefensubdivision powerse? The s tomakeappropriations lin amended, the manner exenses of provided by law for makingymepofations expensesr ofhitsrdinarlocal oyrganization fonc� rail -ti- dal cal subdivisions for theepayment defense. • • • 367 • a w In an opinion dated May 21, 1959, the attorney general ruled that salaries of local Civil Defense Directors can be included in expenses paid by the political subdivisions." The city attorney reported as follow in conneectu ionlwith a"ON"ll saleeof' nonon-intoxi- cating malt liquor: At the May 9thchtmay be legally licensed for "ON" sale as to the typesn of establishments w y g y 0.02 Subd. 2, non -intoxicating halt liquor sales. Minnesota Statutes Chapter 34 r provides that such licenses shall be granted only to drug stores, restaurants, hotels, bonafide clubs and establishments for the sale of non -intoxicating malt beverages, cigars, cigarettes, allforms of tobacco, beverages and soft drinks at retail. Our ordinance #295, section 1, contains the same provision except that the classification last above mentioned is not included. In this event, however, tne state law would be controlling. The attorney general has ruled that it is un- lawful to issue an "0N" sale malt liquor license to a grocery store, the princi- pal purpose of which is the sale of groceries and not the sale of soft drinks. (license to the operatorlofUne a grocery store and fillingruled station in agsmallnf a com- munity, wno also serves lunches is permitted if after examination of the surround- ing facts and ciroumstances,the council feels that the proprietor is in good faith operating a restaurant. (Opinion attorney general February 14, 191}$.) Whether spsalecliestablishment falls forwithin determinationifiofctileocouncil,n which iands nforled to an "ON"sale license is a question the purpose of determining such Cues tine of fact, the council may resort to any method which it deems advisable. After the reading of the foregoing opinion by the city attorney, the council took the following action: On motion of Councilman Charlsen, seconded by Councilman Tennant, e Churchill "OFF" sale 3.2 beer license was granted to Patrick hi.White, 603 an Street on the second reading of the application. The city attorney reported as follows in connection with his findings in regard to removing a local improvement assessment from tax roll. "You have inquired - Does the council have authority to remove a local improvement assessment from tax roll? Assuming that your question relates to delinquent assessment certified by the City Clerk to the auditor of Washington County pursuant to Section 21t9 of the City Charter, the first sentence of paragraph 2 of that section appears to be ap- plicable, provided the council may, prior to the sale of any lot, piece or parcel of land for the enforcement of taxes pursuant to the state law by a resolution , direct the city clerk, city treasurer and the auditor of Washington County or .'° either of them to cancel on any record where the same appears, any assessment or any installment of such assessment whether because same be irregular or erroneous or because the improvement for which the same shall have bean assessed shall have been abandoned by the council in whole or in part." The city attorney reported as follows in connection with his findings in regard to Stillwater Park Commission: In answer t o your question relating to the au- thority of the Stillwater Park Commission to permit removal of trees from the public streets and grounds of the city, section 9 of ordinance #262 which has ap- parently not been amended or repealed, seems to be controlling. Section 9. No person shall remove, destroy, cub, deface, trim or in any way injure or interfere with any treeor shrub on any of the avenues, streets or public grounds including parks and parkways of the City of Stillwater without a permit from the Stillwater ommission. todinance regulatelthely mas planting,tthe care and removal ity of of treeseuponll- a public streets and grounds of the city and provides certain standards to be ob- served in carrying out this responsibility. The city attorney reported as follows in connection with his findings in regard to rental of motor grader: "I have examined the enclosed equipment lease agree- ment proposed to be executed -by and between the City of Stillwater,leasee and the Phillippi Equipment Company, lessor, relating to the rental of one motor grader for the term June 8, 1961 to July 8, 1961 inclusive. Assuming that all of the terms and conditions of said proposed agreement are mutually understood and agreed upon, by the parties,, thefind clause relative toe to be ipurchase oper tion is al form, not tabpart understood, of course, of the contract. Following the reading of the foregoing opinion , on motion of Councilman Charlsen, �.. secondwasedbyiCoo directed to Councilman sign antTennant, itowasidedecided d, torent the motor grader and the m COMMITTEE REPORTS Councilman Charlsen 1. Reported that one of the city owned apartments in the house on North Fourth Street is vacant. 2 Inquired the playground equipment en delivered to datedelivered and the city engineer informed him that it • • • 368 • Councilman Simpson 1. Beaches now open for public use. Councilman Tennant 1. Stated that something should be done to correct some of the hazards that exist in and around the vacant house located at 1009 South Fifth Avenue which house is owned by a Mrs. Thompson. The city clerk was instructed to contact Mr.Charles Thompson, building in- spector end inform him that necessary steps must be taken to correct the con- dition at 1009 South Fifth Avenue. NEW BUSINESS On motion of Councilman Simpson, seconded by Councilman Charlsen, the build- ing inspector's report covering activities during the month of May, 1961 was approved and ordered filed. The city engineer reported that he had contacted Mr.Clifton Halsey in regard • to changing location of Borup Street. He stated that Mr. Halsey is willing to convey land to the city for street purposes providing the city will vacate part of existing Borup Street affecting his property. On motion of Councilman Charlsen, seconded by Councilman Simpson, the following sewer rental charges were fixed for the year 1961: 1. Wes Niemi 316 South Grove Street $5.00 per quarter Masks2. Lloyd Masks 1404 West Olive Street 6.00 per quarter 3. Lloyd Kiosks 1412 West Olive Street 46.00 per quarter The clerk suggested that the council consider the matter of financing the cost of proposed local improvements. .After some discussion, it was decided to con- tact Mr. Osman Springstead of Springstead & Moody and arrange for a meeting to discuss plans for financing local improvements. ORDINANCES None RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the payment of bills. • 2. Confirming and establishing assessment for seal coating various streets, Local Improvement #30 - 1960 and permitting payment of assessments in in- stallments. 3. Ordering bearing on the following local improvements: Sanitary sewer extensions 1. North Fourth Street from West St. Croix Avenue north to a point 10 feet north of the south property 11ne of the property fronting on the south side of Moore Street on private property from Fourth Street west a distance of approximately 270 feet and on West Sycamore Street from North Fourth Street west a distance of approximately 270 feet. 2. Fairmeadows Addition 3. Bergen's Addition (Councilman Simpson retrained from voting on this resolution and this resolution Nes not published within the required time because the city attorney did not receive information needed to complete the re- solution.) 4. Confirming appointment of Civil Defense Director ( K. L. Blodgett) 5. Fixing compensation of Civil Defense Director 6. An agreement with the State of Minnesota, Department of Highways to revise the traffic control signals at the intersection of Main Street and Chestnut Street and Main Street and Myrtle Street. • • • • 369 • • wag ADJOURNMENT On motion of Councilman Charlsen, seconded by Councilman Tennant, the meeting adjourned at 11:25 P.M. ayor Attest: Council Chamber June 16, 1961 10:00 A.M. Stillwater, Minnesota Special Meeting The meeting was called to order by President. Madsen Present: Councilmen Charlsen, Tennant and President Madsen Absent: Councilman Simpson On motion of Councilman Tennant, seconded by Councilman Charlsen, the oity at- torney was instructed to write a letter to Mr. Erwin A. Peterson, attorney for Local Union #110 Internatioral Brotherhood of Electrical Workers, A.F.L. - C.I.O. which union was selected by the employees of the street, fire and police depart- ments as their bargaining representative and inform Mr. Peterson that the coun- cil is not in a position to bargain or negotiate on any of the changes in wages, working hours or conditions of employment as outlined in Mr. Peterson's letter of February 23, 1961. - Mr. Osman Springstead of Springstead & Moody appeared before the council by in- vitation in regard to financing cost of proposed looal improvements. After con- siderable discussion, it was deoided that Mr. Springstead conduct a survey a re- view of the proposed improvements and report his findings to the council at a later date. ADJOURNMENT On motion of Councilman Charlsen, seconded by Councilman Tennant, meeting ad- journed at 11:00 A.M. Attest: Mayor • e • Council Chamber Stillwater, Minnesota June 23, 1961 4:00 P.M. Special Meeting The meeting was called to order by President Madsen Present: Councilman Charlsen, Simpson, Tennant and President Madsen Absent: None COMMUNICATIONS From Erwin A. Peterson, attorney for International Brotherhood of Electrical Workers, Local #110, which read as follows: "As you know, we are the attor- neys for the International Brotherhood of Electrical 'Workers, Local #110. We have received a letter, dated June 16, from the city attorney, James L. Douville, in which letter he advises that the City Council will not bargain or negotiate with us concerning the request made in our letter of February 23, 1961. This is to advise you that the city employees of the City of Stillwater have appointed Mr. Alfred J. Roepke of 1212 South Fourth Street, Stillwater, Minnesota as its member to an adjustment panel. The city employees have re- quested that an adjustment panel be appointed for the purpose of attempting to resolve the differences between the City and the Board of Water Commissioners. To that end we respectfully request that you make your appointment to the Board of Adjustment pursuant to M.S.A. Chapter 179.57. Please advise by re- turn mail as to when we may expect the City Council and the BoardofWater Commissioners to make this appointment to the Board of Adjustment." Mayor Madsen suggested that the council appoint Mr.Ernest L. Peaslee, Sr., as the city's member to an adjustment panel pursuant to M.S.A.Chapter 179.57. and all members of the council agreed to the appointment of Mr. Ernest L. Peaslee, Sr., to serve on an adjustment panel representing the City of Stillwater. NEW BUSINESS Mr. Clarence D. Bourdaghs, former councilman, appeared before the council and suggested that the council fill the vacancy created by the resignation of John L. Jewell who was elected as a councilman at the last general election in No- vember of 1960 for a four year term: Mr. Bourdagha stated that he was aware of the fact that several persons have been considered to fill the vacancy and due to various reasons the council members have been unable to agree on any one person. considered in the past. He stated that he would like to suggest a person who in his opinion was a man well qualified for the position, namely, Mr. Edward Simonet, Jr., and hoped that the council would elect Mr. Simonet in the very near future. Councilman Simpson stated that he would like to talk to Mr. Simonet before mak- ing a decision and suggested that the meeting be adjourned to Monday, June 26, 1961 at 9:00 A.M. ADJOURNMENT On motion of Councilman Charlaen, seconded by Councilman Simpson, this meeting was adjourned to Monday, June 26, 1961 at 9:00 A.M. Attest: Ci4 der • • • 371 • w Council Chamber Stillwater, Minnesota Special Adjourned Meeting The meeting was called to order by President Madsen Present: Councilman Charlsen, Simpson, Tennant and Pres ident Madsen Absent: None June 26, 1961 9:00 A.M. Mayor Madsen stated that Councilman Simpson had requested that the special meet- ing held on June 23, 1961 be adjourned until today to allow additional time to contact Mr. Edward Simonet, Jr:, who was proposed as -a candidate for councilman toserve during the unexpired term of John L. Jewell, resigned. The mayor then inquired of Councilman Simpson if he was ready to report at this time. Councilman Simpson stated that he had contacted Mr. Edward Simonet, Jr. and felt that Mr. Simonet would be an acceptable candidate for the office of councilman. Mayor Madsen then inquired if all members of the council were agreeable to a roll call vote at this time on the matter of electing Mr. Edward Simonet,..Jr., to the office of councilman to serve the unexpired term of Mr. John L. Jewell, resigned. All :embers answered in the affirmative. Mayor Madsen then announced that a roll call vote will now be taken and members in favor of electing Edward Simonet, Jr., as a member of the City Council to serve during the unexpired term of John L. Jewell and until his successor there- to is elected and qualified will answer 'yes',those opposed 'no'. Roll call followed with the following results: Councilman Charlsen - yes Councilman Simpson - yes Councilman Tennant - yes President Madsen - yes Thereupon the mayor announced that Edward Simonet, Jr., was unanimously elected to the office of councilman to serve during the unexpired term of John L. Jewell and until his successor thereto is elected and qualified. On motion of Councilman Charlsen, seconded by Councilman Simpson, meeting ad- journed at 9:30 A.M. Mayor Attest: • • • IL 372 Council Chamber July 11, 1961 7:j0 P.m. Stillwater, dinnesota Regular meeting The city clerk administered the Oath of Office to Councilman -elect Edward W. Simonet, Jr. The meeting was called to order by President Madsen Opening prayer by the city clerk Present: Councilman Charlsen, Simonet, Simpson and President Madsen Absent: Councilman Tennant Oath of Office of Councilman Edward W. Simonet, Jr., was presented and on motion of Councilman Simpson, seconded by Councilman Charlsen, the oath was accepted and ordered filed. On motion of Councilman Charlsen, seconded by Councilman Simpson, minutes of the following meetings were approved: 7:30 P.M. Regular meeting June 6, 1961 17:30 A.M. Special meeting June 16, 1961 Special meeting June 23, 1961 4:00 P.M. Special adjourned meeting June 26, 1961 9:00 A.M. APPLICATIONS On motion ofCouncilmanCharlsen; seconded by Councilman Simpson, a junk dealer's license was s9granted to August eLeo o,Klein, 220$East , Mulberry Street, for the period from August 1 COMMUNICATIONS From Raymond F. Law, Chief of Police, announcing his resignation, effective July 31, 1961. On motion of Councilman Simpson, seconded by Councilman Charlsen, the resignation was accepted with regret. From omltheaState of Minnesota, none artm0, ent1 f Highways, in regard to status of Muni- nd From Jeanette A. Johnson who resides on Borup Street, requesting a street sign. Mayor Madsen referred this matter to the city engineer. From Banister Engineering Company explaining the reason for by-passing of raw sewage into the river during high water. From the Banister Engineering Company which read in pert as follows: "During the weeknuofn ins sludgerfromck twohofton theadvised me that he was settling tanks at the sewageexperiencing' . some trouble he poop g Subsequently he took a sample of this sludge to the Department of Health our laboratory on the University of Minnesota campus and also broughtall sampe eler tle o ou (office. The sample given to us had already been dried. It appearedwas retained on a #li0rmesh, 26.6% waslretai retained onsam#1001al foundand that 7 We a sievesis ofmesh sieve, 2$ 9% was retained on a #200 mesh sieve and 28.8% passed a number 200 mesh screen. It is to be noted that 54.7% of this material passed a 10 IO0 It isnnotssandto twhich wouldevenormally come. The s from is inert techhas dirt, clay or silt. the nthe spring The rainfall. It material iinreadily brstreets emoved in any grit chamber. gprblemwith havingitcontnue to come into the sewage plant is that it ultimately will get into the digesters, fill them and ultimately reduce their capacity. When this happens the digestors will have to be We draned and ersonnel set into thm and the material area advised that a largehamount ofe epaper and different s forms of d out into buckets. of plastic food tion teeth wrappers and cardboard were in the sludge sample taken to the Department of Health. This could conceivably be coming from material put into garbage grinders ire ewer sste ofvthealocale residents.obItous doeshat notthe implyt that this abusemiss intebeing tional abused bWe some sug- gest that the council give some consideration to instituting some form of an educa- tional program to advise the citizens that the continued discharge into the sewer system of sing materials such as has apparently been done in the past is undesirable and is causing a problem. One possible solution to this problem would be to enclose otherl ethodsm could alsohbetutilized ore might lbes foltnmore ydesirable byare sent e Perhaps with the swer the council. .40.1117 1 • • • • • • ;73 • Nevertheless, we do feel that something should be dune and we would be happy to assist you in this matter in any way possible. Our assistance In setting up a pro- gram would be considered as a part of our overall service and would not result In any fee being charged therefor." On motion of Councilman Simpson, seconded by Councilman Charlsen, the matter of in- forming the public as suggested in the foregoing letter was referred to Mr. Banister of the Banister Engineering Company and the city clerk. Copy of a letter from the Banister Engineering Company to the Solberg Construction Company which read in part as follows: "The seal coating on Fourth Street has been completed and should now be cleaned up. The city engineer has indicated that the City of Stillwater has an adequate stock pile of cleaned -up rock chips from other seal coating work done during the summer of 1960. Because of this, the City of Still- water is not 1n need of seal coat rock chips. The specifications state that the seal coat contractor shall clean up the street surface after seal coating. This clean-up work should be carried out immediately." From Thomas C.Campbell, Superintendent of Independent School District #834, commend- ing the council members for increased effort toward providing recreation and play- ground facilities in the City of Stillwater. From the Northern States Power Company announcing revised gas rate schedules. On motion of Councilman Simpson and seconded by Councilman Charlsen, the letter was ordered filed. From the State of Minnesota, Department of Health, announcing that John H. Shelton has successfully passed the written examination for Grade C sewage plant operator. From R.D. Hagen, Chairman of the Planning and Zoning Commission, which read as fol- lows: "Our professional planner, Thomas Hodne, has just sent you a report covering the downtown circulation plan which includes the western by-pass. It is important that our Planning Commission receive your comments, suggestions or constructive criticism as soon after your group's next meeting as is possible. It is my thought that a meeting of representatives of each of the organizations getting this report would be the easiest and quickest way to receive all comments and arrive at a single opinion in this regard. If you agree that might be helpful, please let me know how soon yourgroup will discuss it and be prepared to send a representative with your comments. On motion of Councilman Charlsen, seconded by Councilman Simpson, the clerk was di- rected to inform Mr. Hagen that the council members will arrange to attend a meet- ing as suggested in the foregoing letter. From Mr. Jack Lay announcing his resignation from the Board of Examiners. From Roger L. Acton of the Acton Construction Company informing the council members that black dirt has been placed on disturbed areas adjacent to the lift station in Lowell Park and other disturbed areas in the park. From R. D. Hagen, Chairman of the Planning Commission which read as follows: "As you know our Planning and Zoning Commission added four new members for three year terms beginning last year, May 1, 1960. In line with our aim to continue the commission we wish to recommend four new members for appointment by you for three year terms beginning May 1, 1961 as follows: Leighton Charlsen, Arthur Edstrom, Richard Olson, Searle Sandeen. A year from now, we willrecommendfour additional members also and the original twelve you appointed May 1, 1959 will have retired. This will leave a Planning and Zoning Commission of twelve members of which four will have retired each year as four new members are appointed. The four listed above were among ten suggested to us. We discussed the ten at length and by ballot chose the first four. All have been contacted and understand the aims of our group. If you and the city council have no objections to these recommendations, we will appreciate action at your next council meeting including the notifying of these new members. Mayor Madsen followed the recommendation of the Planning Commission and appointed Leighton Charlsen, Arthur Edstrom, Richard Olson and Searle Sandeen to serve on the Planning Commission for a period of three years and on motion of Councilman Simpson, seconded by Councilman Charlsen, the appointments were confirmed. From the Banister Engineering Company which read as follows: "On February 16, 1961, we prepared and submitted estimate #12 and final for the south side pumping station, estimate #11 and final for the Nelson Street lift station and estimate #12 and final for a sewage treatment plant, all payable to the Acton Construction Company. These estimates were computed on the basis of final payment necessary to the Acton Construction Company and were submitted at that time to meet the requirements of an inspection by the U.S. Public Health Service. We recommended that final payment not be made in its entirety because certain deficiencies still existed. At this writing all deficiencies have been corrected as far as the Acton Construction Company is con- cerned. Two deficiencies still exist. Legally they are the responsibility of the Acton Construction Company but in reality are the responsibility of two different manufacturers. One of these pertains to certain modifications to the pumping equip- ment and the other pertains to the grit colaecting mechanism furnished by the Chain - Belt Company. We have been given letters by each of these manufacturers to the ex- tent that they will cause the deficiencies to be corrected. In fact, at the:mment the only thing holding up the changing of the pumps is the receipt of the parts from the factory. Under the elrcumsionces we feel satisfied that the manufacturers are assuming the responsibility. Under the circumstances we recommend that the two sewage pumping stations and the sewage treatment plant be accepted by the City of Stillwater and that final payment be made therefor. Acceptance of the project by • • • 374 • • the city does not relieve the Acton Construction Company from responsibility. His performance and payment bond provides a one year guarantee from all materials, equipment and workmanship. The one year guarantee starts at the time of final ac- ceptance. If the city council were to make acceptance of the project at this title, the one year guarantee period would start." (See resolution.) From Mrs.Aurilla Atwood and Mrs. Helene K. Wallis which read as follows: "We would like to call to your attention the fact that the removal of the fence on the boule- vard in front of Robert Mahood's house has not been done. The yard has been com- pletely landscaped, preparations made for the building of a garage and the upper part of the fence painted white and attached to a stone and brick entrance wall. Trucks and bulldozers go constantly down the street and make this so narrow that it is almost impossible at times to drive through. While we realize that this is only temporary, the fence permanently narrows the street. We are deprived not only of the use of the boulevard but of most of the street since there are always three or four cars parked along the side. Your orders of nearly a year ago to install a new drain have not been carried out and we continue to get all the mud and silt from the building and everything else that goes on above us. We have two install- ments left on the street assessment that we received when we moved here and we would like to ask the council to cancel these since we are deprived of the full use of street and boulevard." On motion of Councilman Charlsen, seconded by Councilman Simpson, the letter was ordered filed. From Roman R. Carr which read as follows: "Some time ago I visited your sewage treatment plant and discussed chemical laboratory procedure with your operator, Mr. John Shelton. It appears that you have all the equipment and reagents neces- sary to get started on the control tests required for economic and efficient opera- tion of the plant. I am ready to offer my services to you on a part time basis at a very nominal cost. I have a degree in chemistry from the University of Minnesota with considerable graduate work and a wide range of laboratory experience including the last six years with the water pollution control section of the +Winnesota State Health Department. I intend to maintain close liason with the department labora- tories so that • may pass on any useful information or short cut procedures to the operators that I would train. My fees which would be uniform for the several plants I hope to service would be $9.00 per call and $$4.00 per hour spent in the laboratory in either getting it set up, running the tests,training the operator or a combina- tion of all three. Since the Minnesota State Health Department does not have the funds to provide this service and does not want to be in a position of competing with private testing laboratories, it is sanctioning my venture. My success will de - pend upon getting early consideration from a number of plants -1 that with an in- creasing number of new plants, I can continue this as a full time career. This is an opportunity for you to obtain professional services in expediting your plant's efficiency as well as complying with legal requirements." Mr. Banister of the Banister Engineering Company informed the Council members that Mr. Jack Shelton, the sewage plant operator, has made all tests required to date. PETITIONS A petition with seven signatures requesting sewer extension of present sewer mains located in West St.Croix Avenue and terminating a short distance east of William Street and North William Street and terminating at or near Stillwater Avenue so as to service property lying to the north and west of said existing sewer facilities. On nation of Councilman Charlsen, seconded by Councilman Simpson, the petition was ordered filed. DELEGATIONS OR INDIVIDUAL Mr. Donald Nolde appeared before the council and stated that the Mayor and council- men should be congratulated for their recent unanimous decision of electing Edward W. Simonet, Jr., to fill the vacancy on the council created by the resignation of John L. Jewell. UNFINISHED BUSINESS Mayor Madsen announced the re -appointment of Richard Olson as a member of the Board of Water Commissioners for a term of three years and on motion of Councilman Charl- sen, seconded by Councilman Simpson, the appointment was confirmed. ti c, ham • • • 375 • • Total cost, storm sewer Less 80% city share 1,285.07 Total cost assessable Total cost assessable entire project $$21,169.09 Jost per front foot 47.80. The city engineer intinto rciconnection with tarle st Moore Streimp vemnt.#e explanedhatthe offials ofthe GolfClube willing to convey a strip of land to the city for street purposes providing the city bears the cost of moving an old storage shed and fence. He stated that the cost to move the old storage shed would be quite high because the shed is in bad condition. .He suggested that the project be $eferred because the club officials have indlcatec that the old shed would probablyfeplaced and relocated sometime in the next year or two and in the meantime the present street could be oil treated which would elimi- nate a good deal of the dust now complained about by people residing on the streets. Cost to treat the present street with oil would be about 23¢ per foot. tipe- ts nn signed byw wproperty owners orequesting that ore Street nthe citded they i prove Mooreil sthat a ho resides on Street was presented to the council about three years ago and inquired why the matter of right- of-way has not been taken care of before this date. He stated that the club offi- cials had agreed to move the old shed in exchange for vacating certain streets some time ao. He Mr. Donald Noldelstat ted vthat i there are of nmany e rnew shouses on MooreeStreet tand o hthe e l�• council should order the club officials to move the old shed. Mrs. Bertha Schaeffer inquired if the estimate of $9,000.00 submitted by the city engineer sometime ago included the moving of the old shed. She stated that she was led to believe that it did. Mrs. Schaeffer felt that the city should improve the present thirty foot street. Mayor Madsen was of the same opinion. He felt that the project should not be held up any longer. The city engineer stated that he was not in favor of improving the present thirty foot street. On motion of Councilman Char gpp, s�1sonded by Councilman Simpson, the city clerk was directed to advertise fof7gi'aalhg and surfacing of West Moore Street, West Pine and South Hemlock Streets and construction of storm sewers in West Pine and South Hemlock Streets, bid returnable July 25, 1961 at 7:30 P.M. mentrand held on orderingthe plansrandi specifications at the meetingnheldned on Juner6,g1961.)ve- The city engineer stated that the assessment roll covering cost of sanitary sewer and sanitary sewer lift station in the MoKusick Lake area known as Local Improvement #23 - 1959 is now in order and ready for council confirmation. Mr. Peterson and Mr.McAfee appeared before the council and objected to the assess- ment roll because certain lots assessed, owned by them were not suitable for build- ing purpesE'!3. The eaboutP junkn onnpropertye ownedtbyreilmeroMueller findings Virgilc Spencer. with com- plaints Mayor Madsen announced the following committee assignments: 1. Mayor Madsen Police department and finance Councilman Charlsen Street department, sewer system and sanitation Councilman: Simpson Public buildings, parks and street lighting Councilman Tennant FireCouncilman Simonet Municipal department, i on and e r band,library, recreation andhdepartment health. The city engineer stated that he did not have a report on sewer extension in Du- buque Street at this time. (Petition for sewer extension in Dubuque Street pre- sented at a previous council meeting.) The city engineer reported that he has made a check on complaints about sewer back- ing up into basements along South First Street and felt the condition can be cor- rected if certain changes and modifications are made at the intersections of Second and Marsh Streets and Second and Hancock Streets. Councilman Charlsen stated that the condition as it exists is bad and should be corrected. Mayor Madsen instructed the city soctneer to work on this matter and correct same if possible. The city engineer presented the following estimate of costs for improving West Pine and South Hemlock Streets: Total cost - -':set surfacing $24,855.02 Less 20% c.o.,, share 4,971.00 19,884.02 Total cost, street surfacing assessable 6,425.35 5040.26 • • 376 w The city clerk reported that the Lowell Trust does not provide for Park Board and the city attorney is of the opinion that the Park Board members appointed by the Mayor and confirmed by the council have jurisdiction of all parks and boule- vards within the city limits. (This matter referred to the clerk at the last meeting of the council.) The city clerk reported that Mr. Thompson, building inspector, had informed him that the hazardous condition around the property located at 1009 South Fifth Street complained about by neighbors has been corrected. (This matter referred to the clerk at the last meeting of the council) The city attorney was instructed to start proceedings to vacate a part of Borup Street in exchange for land for street purposes as proposed by the city engineer. (Land owned by Clifton Halsey). Mr. William Banister of the Banister Engineering Company appeared before the council and presented the following report on sanitary sewer construction: 1. Linden Street between North Everett Street and North Harriet Street: Sub -total $5,572.00 Contingencies 5% 278.00 Legal and miscellaneous, 3% 167.00 Engineering and inspection 7% 90.00 Total $6,4}07.00 2. St.Croix Street between North William Sub -total Contingencies 5% Legal and miscellaneous 3% Engineering and inspection 7% Total Street and North Carnelian Street $4,374.00 219.00 131.00 3o6.00 $5,030.00 (see resolution) Mr. William Banister suggested that the council set August 10 and 11, 1961 as dates for open house or inspection of sewage plant by the public, also suggested that a brochure be printedwhichcan be handed to people inspecting plant. Total cost for printing about $300.00. Banister Engineering will pay one-half of cost. On motion of Councilman Simpson, seconded by Councilman Charlsen, it was decided to have a brochure printed as suggested by Mr.Banister. COMMITTEE REPORTS Councilman Charlsen 1. Reported that one of the tenants in the city owned house on Fourth Street is moving out and owes the city back rent and she has Agreed to pay same within 30 to 6o days. 2. Mrs. A. N. Ilia who resides at 808 Sixth Avenue South, would like to purchase a fifteen foot strip of land owned by the city. Land will be used for driveway into her property. She is willing to pay $100.00 and agrees to grant the city ingress and egress at all times. 3. He inquired of Mr. Banister of the Banister Engineering Company why it is neces- sary to install 10 inch water mains and assess the cost to the property owners. Mr. Banister informed him that 10 inch mains should be installed to allow for future expansion. Councilman Simpson 1. He stated that only the fire chief has complied with the order given by the Mayor sometime ago that all department heads be present at all regular meet- ings of the city council. 2. He inquired who has authority over the building inspector and city assessor. Councilman Charlsen stated that someone should be responsible to the council for all department heads and suggested that the city clerk be given this responsibility and prepare monthly reports for the council as to work performed by each department head. Mayor Madsen 1. Stated that he has not made a decision with reference to appointing a Chief of Police but that he met with all of the patrolmen yesterday and that the patrol- men have proposed a plan which plan would cut the present force of eight men and a chief to six men and a chief, that they are willing to work more hours per month providing sfaries are adjusted. He felt that the proposal should be carried out on a trial basis. 2. He presented certificates of attendance and completion of fire school course conducted by the U. of M. to Chief John Lawson and Lieut. John Zoller. ..w moat • • 377 • NEW BUSINESS On motion of Councilman Simpson, seconded by Councilman Charlsen, the following amendments to present fire protection contracts covering the following townships were approved and the mayor and clerk were directed to sign same. (Tank truck) Township of May $215.00 Township of Grant 320.00 Township of Oak Park 150.00 On motion of Councilman Charlsen, seconded by Councilman Simpson, bond issued by the American Suretg Company of New York in the amount of $5,000.00 covering Gipson Bros. of Bayport, Minnesota, for the purpose of making excavations in city streets was approved and ordered filed. The city attorney, the city engineer and the city clerk proposed the following pro- cedure in connection with local improvements. Designate and plan improvements at least six to eight months in advance of doing the actual work to allow time for pre paring plans, holding hearings and arrange for financing. On motion of Councilman Charlsen, seconded by Councilman Simpson, the building in- spector's report covering activities during the month of June, 1961 was approved and ordered filed. 0n motion of Councilman Charlsen, seconded by Councilman Simpson, the fire chief's report covering activities of the department for the period from January 1, 1961 to June 30, 1961 was approved and ordered filed. The olerk reported that the dog survey has been completed and that the survey shows that there are about 450 dogs in the City of Stillwater and that only 250 licenses have been sold to date. On motion of Councilman Charlsen, seconded by Councilman Simpson, the following sewer rental charges were fixed and established for the year 1961: Ralph Fellows 1307 West Oak Street (new house) $5.00 A. Kreimer 1611 North Second Street (new house) 5.00 Carlson & Pauley 308 Echo Lane (new house) 5.00 Peterson Contrs. 314 Echo Lane (new house) 5.00 Louis Winer 924 South Seventh Street (reopened ) 5.00 1001 West Olive Street (reopened ) 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.0o 6.6o 5.00 5. 00 5.00 H. C. Ringheim Harold Kimmel Harold Young Julia O'Brien Wilcox Leonard Everman J.G.Woidemann Dean Flory Bluff City Lbr.Co. Leo Doerr F. Paulson Ralph Sisco William Cicero Harold Hohlt 1219 W.oak Street (new connection) 1225 W.Oak Street (new connection) (reopened ) (reopened ) (new house) (reopened ) (new house) (reopened ) 409 West Elm Street (new house) rate based on former residence 922 South Sixth Street(new connection) 1003 South Third Street (reopened ) 1512 West Linden Street (new house) 109 East Myrtle St. 402 West wilkin Street North First Street 422 West Pine Street 427 South Brick Street North First Street ORDINANCES None RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the payment of bills 2. Authorizing payment on voting machine 3. Ordering hearing on sewer and water improvements 4. Confirming and establishing assessments for sanitary sewer and sanitary sewer lift station - Local Improvement #23 -1959. 5. Per:g tong payment in installments of assessments for sanitary sewer and sani- tar99 fffft station, Local Improvement #23 - 1959. 6. Accepting work for construction of sewage treatment plant and sanitary sewer lift station, project # 1 and project # 3, Sewer Improvement fl - 1959. Approving plans and specifications and ordering advertisement for bids -Local Improvement #29-1960. • e • The city attorney was instructed to prepare a resolution conveying a fifteen foot strip fowned city to Mrs. A. W. Illa ho resides at 808 Sixth Avenue South, purchase ADJOURNMENT On motion of Councilman Charlsen, seconded by Councilman Simpson, meeting adjourned at 11:50 P.M. Mayor Attest: y//`^' "" City Clerk w w • Council Chamber Stillwater, Minnesota Special Meeting The meeting was called to order by president Madsen Present: Councilman Charlsen, Simonet, Simpson, Tennant and President Madsen July 25, 1961 7:30 Y.M. Absent: None This was the day and time set to open bids for the construction of the following improvements: Project #1-West Moore Street -street grading and surfacing, consisting of approxi- mately 654 cubic yards excavation, 405 cubic yards of gravel, 1,350 lineal feet of concrete curb and gutter construction, 1,140 square yards of bituminous surfacing together with appurtenances. Project #2-West Pine and South Hemlock Streets -street grading and surfacing, con- sisting of approximately 3,289 cubic yards excavation, 2,188 cubic yards of gravel 2,900 lineal feet concrete curb and gutter construction, 6,710 square yards of bi- tuminous surfacing together with appurtenances. Project #3-West Pine and South Hemlock Streets -storm sewers consisting of approxi- mately 968 lineal feet of sewer varying in size from 12" to 15", installation of approximately 150 lineal feet of 3/4 copper water services, 150 lineal feet of ..� sewer services together with all appurtenances. The city clerk read the advertisement for bids aloud. The following bids were then opened and read aloud: Bid No.1 Moelter Construction Company, Stillwater, Minnesota Street grading and surfacing of West Moore Street Total base bid, Project # 1, $9,459.32 Alternate bid, add to base bid Project # 1, $300.00 Total alternate bid, Project # 1, 49,759.32 Street grading and surfacing of West Pine and South Hemlock Streets: Total base bid, Project # 2, $29,002.28. 61.60. Total base bid, Project # 1 and Project #2, $38,4 Total alternate bid Project -# 1 and base bid, project #2, $38,761.60. Start work date, August 1st, 1961. Complete work date, June 1st, 1962. Bid No.2 James D. Wolff Company,Sc. Paul, Minnesota L.., Storm sewers and serviceWest connections, West Pine and South Hemlock Streets Total bid, $7,231.50. Start work date, August 1st, 1961. Complete work date, August 30, 1961. Bid No.3 Moelter Construction Company, Stillwater, Minnesota Storm sewers and service connections, West Pine and South Hemlock Streets Total bid, $8,216.50. Start work date, August 1st, 1961. Complete work date,September 1,1961. On motion of Councilman Charlsen, seconded by Councilman Simpson, it was decided to defer action until the next meeting of the council on the foregoing proposals. Following are some of the comments made by persons who appeared before the council in regard to the proposed revision of the Twin City Rapid Transit Company bus sche- dule. Councilman Simpson who is chairman of the committee appointed by the mayor to re- view the proposed bus schedule submitted by the Twin City Rapid Transit Company gave a report of the meetings held with the officials of said company. Mayor Madsen read a letter from the Chamber of Commerce, St. Paul, Minnesota. Mr. Howard Albertson, State Representative, inquired if Minneapolis suburbs were also affected by the new proposed schedule. Senator Raphael Salmore requested that Councilman Simpson give the schedule of the proposed curtailment. Councilman Simpson then read the proposed schedule in detail. Elizabeth Brennan stated that she rides the bus seven days per week and that the company is using figures of deadhead buses. She also stated that many passengers ..,. do not come to Stillwater but get off at various points between St. Paul and Still- water. Miss Brennan suggested that the company run smaller buses between St. Paul and Stillwater. Mr. Paul Unke of Lake Elmo stated that he has been riding buses since 1927 and that the service is no better today than it was years ago. He was of the opinion that the company could probably cut the runs by 503; but was opposed to eliminating the St.Faul-Stillwater bus service. Elaine Schuberg who works at the West Publishing Company stated that car pools are unsatisfadtory. Mr. Tokay of Lake Elmo stated that the buses are usually filled to capacity when they reach the loop in St. Paul. Mr. Ed. Boyle stated that White Bear, willernie and Stillwater get credit for pas- sengers leaving the cities but the passengers do not reach the above destinations. He also stated that he has had good ;ervice from the bus company. • %w/ • • 380 eTh • • • Mrs. Lowell Johnson stated that many passengers who get on the Stillwater bus ^~C in St. Paul leave same before it arrives in Stillwater. Ruth Welander stated that she has counted the passengers leaving Stillwater and iS finds that fourteen persons ride the bus every morning and this pertains to five days per week and that the bus company count is based on seven days per week. Laura McCarthy stated that she has been riding the Stillwater-St.Paul bus for suche and felthat which would ld cover thele would n distance in about 45bus if the 1ce was minutes.mproved Delina Berggeron stated that she does not own an automobile and if the bus ser- vice is stopped she will have to move out of town. Mr. Jim McLaughlin inquired if there was a written agreement between the former owner of the bus company, namely, a Mr. Peterson and the Twin City Rapid Transit Company to the effect that bus service must be provided between Stillwater and St. Paul at all times. Mr. George Rutz also inquiredaboutan agreement between Mr. Peterson and the .�.. Twin City Rapid Transit Company. Senator schedulelisaridiculous. Suggested ore stated that s wife thatuses the bus the council be firminthe pro- posedmatter but reasonable. Mr. R. A. Ahlgren of the American Pipe Cleaning Company appeared before the council and gave the following report in connection with cleaning of the present sewer system: 1. Nine miles of sewer line within the city limits. 2. Divide city into four sections Work be done, one section at a time. (Cost, if done by sections, , Will perform work. City can pay on monthly basis. 3.) Can restore system to 95% capacity. 5. Will recommend a service program. 6. Total cost, entire system, 420,000.00 On motion of Councilman Simpson, seconded by Councilman Tennant, the matter was referred to Councilman Charlsen and the city engineer for study and report at a future council meeting. RESOLUTION The following resolution was read and was on roll call unanimously. adopted, provid- ing for public sale of $255,000 improvement bonds of 1961. (The foregoing resolu- tion was not published because several changes were made in the proposed improve- ments at the public hearings which would affect the overall cost of the proposed de and able,vit will thenebec necessarye toapass anotheraresolution ted cost fprovmprovements is avahages il- for public sale of improvement bonds.) ADJOURNMENT On motion of Councilman Charlsen, seconded by Councilman Simpson, meeting adjourned at 9:50 P.M. Attest: % City l Mayor • • 381 • Council Chamber July 31, 1961 7:30 P.M Stillwater, Minnesota Special Meeting The meeting was called to order by President Madsen. Present: Councilman Charlsen, Simonet, Simpson and President Madsen. Absent: Councilman Tennant This was the day and time set for public hearing on the following sewer and water improvements: Project # 1. Construction of 8" sanitary sewer on North Fourth Street from Nest St. Croix Avenue north to a point 10' north of the south side of Moore Street, on private property from Fourth Street west a distance of approximately 270' and on West Sycamore Street from North Fourth Street west a distance of approximately 270'. The estimated cost of said improvement is $7,019.60 and the area proposed to be assessed for same is as follows: Lots 1-7 inclusive and lots 25-30 inclu- sive, block 1 and lots 1-6 inclusive block 4, Wilkin's Addition. Thenorthtwenty feet of lot 5 and all of lot 6, block 19 and lots 4-6 inclusive, b lock 20, Carla and Schulenberg's Addition. Project # 2. Construction of 8" sanitary sewer on Oak Ridge Road from the coun- ty highway west to Laurie Lane. On Laurie Lane northerly to Fairmeadows Road and on Hanson Place from Oak Ridge Road northerly to Fairmeadows Road and construc- tion of 10" sanitary sewer on Fairmeadows Road from Laurie Lane easterly to the county highway and thence northeasterly to the intersection of Oakes and Olive Streets. The estimated cost of said improvement is *21,570.55 and the area pro- posed to be assessed for same is as follows: All benefited property abutting up- on said streets. Project # 3. Construction of 8" sanitary sewer on South Everett Street from a point approximately 150' south of Anderson Street, southerly to a proposed sew- age pumping station near the intersection of South Everett Street and Orleans Streets. On Everett Drive in the proposed plat of Bergen's Forest Hills Addi- tion, westerly and northerly to said proposed sewage pumping station. On Har- riet Street in the said proposed plat of Bergen's Forest Hills Addition, north- erly from Everett Drive to Orleans Street and on Orleans Street westerly from Harriet Street in the said proposed plat to Everett Drive and construction of sanitary sewer force main from said proposed sewage pumping station to discharge into the existing sanitary sewer on West Churchill Street and Everett Street. The estimated cost of said improvement is $48,300.CJ and the area proposed to be assessed for same is as follows: The northeast quarter of the southwest quarter (N.E.g of S.d.-,',) of Section Thirty-three (33), Township Thirty (30) north,Range Twenty (20) west and that part of the northwest quarter of the southwest quarter (N.W.q of S.W.4) of said Section Thirty-three (33) bounded and described as fol- lows: Beginning at the northeast corner of said northwest quarter of the south- west quarter (N.W.q of S.W.!) of said section and running thence south along the east line thereof three hundred sixty-three and forty-eight hundredths (363.4S) feet to a point thirty-three (33) feet south of the center line of the St.Groix Street in the plat of Ramsey and Carter's Addition to Stillwater (now vacated), thence west parallel with and thirty-three (33) feet distant from the said center line of St. Croix Street for a distance of two hundred fifty (250) feet, thence north on a line parallel with the east line of said northwest quarter of the southwest quarter (N.W.g of S.W.4) of said section to the north line of said northwest quarter of the southwest quarter (N.W.*'- of S.W.4) of said section and thence east along the north line to the place of beginning, also the southwest quarter of the northwest quarter (s.w.4- of N.W.*) of said section thirty-three (33) and that part of the southeast quarter of the southeast quarter of the northeast quarter (S.E.4 of S.E.1 of N.E.1) of section thirty-two (32) township thirty (30) north, Range twenty (20) west, lying within the corporate limits of the city, also lots seven and eight, block fourteen, lots seven and eight, block fifteen and lots seven and eight, block sixteen of Holcombe's Addition, all of Ritzer's Subdivision and lots thirteen, fourteenand fifteen, block twenty of Hol- combe's Second Addition. Project # 4. Construction of 8" cast iron water main on North Fourth Street from the existing water tower to Moore Street and construction of 6" cast iron water main on East Sycamore Street to the east right-of-way line of North Fourth Streot and on 'hest Sycamore Street from North Fourth Street to the end of the existing 21" main. The estimated cost of said improvement is $9,765.30 and the area proposed to be assessed for same is all benefited property abutting upon said streets. • • 382 e • Project # 5. Construction of 10" water main on West. St.Croix Avenue from North William Street to Carnelian Street. The estimated cost of said improve- ment 1s 33,881.85 and the area proposed to be assessed for same 1s all benefited property abutting upon said streets. Project # 6. Construction of 6" water main on South Borup Street from Pine Street to Oak Street. The estimated cost of said improvement is $:2,409.45 and the area proposed to be assessed for same is all benefited property abutting upon said streets. Project # 7. Construction of 6" water main in the area described in sub -para- graph (2) above. The estimated cost of said improvement is 35,207.15 and the area proposed to be assessed for same 1s all benefited property abutting upon said streets. Project # 8. Construction of 6" water main in the area described in sub -para- graph (3) above. The estimated cost of said improvement is 418,187.40 and the area proposed to be assessed for same is all benefited property abutting upon said streets. Project # 9. Construction of 12" water main on Brick Street from Olive Street to Linden Street, on West Ramsey Street from Brick Street to Grove Street and on West Myrtle Street from Brick Street to Echo Lane. The estimated cost of said improvement is $34,384.25 and the area proposed to be assessed for same is all property benefited and abutting upon said streets. Project # 10. Construction of 6" water main on Lookout Street from Brick Street to cul-de-sac at the southeast end of Lookout Street, on Sunset ➢rive from Myrtle Street to Sunnyslope Lane, on Sunnyslope Lane from the cul-de-sac at the north end thereof to Echo Lane and on private property over an easement to be acquired between the cul-de-sac at the southeast end of Lookout Street and the north end of Sunnyslope Lane. The estimated cost of said improvement 1s ,S12,365.60 and the area proposed to be assessed for same is all benefited proper- ty abutting upon said streets. Project # 11. Construction of 8" sanitary sewer on West Linden Street from a point approximately 360' west of the west line of North Harriet Street to a point approximately ten feet west of the west line of North Harriet Street, thence northwesterly across private property to West Cherry Street and thence across ad- ditional private property and the existing ravine to the existing thirty inch in- terceptor sewer which flows down theravinenorth of Cherry Street. The esti- mated cost of said improvement is $6,407.00 and the area proposed to be assessed for same is as follows: Allabutting and non -abutting property benefited thereby. Project # 12. Construction of 8" sanitary sewer on West St.Croix Avenue from North Carnelian Street to North William Street, thence south on North William Street for a distance of approximately 6o feet to West St.Croix Avenue and thence east on West St.Croix Avenue for a distance of approximately 200 feet to connect with the existing 6" sewer. The estimated cost of said improvement is $5,030.00 and the area proposed to be assessed for same is as follows: All abutting and non -abutting property benefited thereby. The city clerk then read the notice of hearing covering the foregoing projects aloud. Mayor Madsen then inquired of the city clerk if the notice was duly published. The city clerk informed Mayor Madsen and the council members that the notice was duly published in the Stillwater Evening Gazette, the official newspaper of the city and that a copy of said notice was also mailed to all known property owners. Mayor Madsen then opened the hearing. Project # 1. Mr. Robert Erdele inquired about the cost per foot to property owners. The city engineer informed him that the estimated cost per front foot would amount to 05.17. Mr. Dick Moulton stated that the property owners were in favor of eliminating the 270 feet on private property and West Sycamore Street, a distance of 270 feet. The Mayor and city engineer agreed with Mr. Moulton and it was decided to elimi- nate the foregoing description from project # 1 as outlined by Mr. Moulton and revise the description to read: 125 feet south of the south line of Moore Street. Project # 4. Mr. Robert Erdele was of the opinion that only Fourth Street should be included in this project. Mr. Banister, the city's engineer, stated that he would recommend that Sycamore Street be included in the project because he felt it is necessary for future de- velopment. Mr. Erdele suggested that the council revise the plans and eliminate the water extension in Sycamore Street. 1 • • • • 383 • rafelfi Mr. Harold Foster, manager of the Water Department, stated he would go along with Mr. Erdele's request and eliminate Sycamore Street extension. Mr. Foster also stated that the Board of Water Commissioners are not willing to pay any part of the cost to extend water mains. The city engineer stated that the cost per front foot to the property owner for construction of an 8" water main would amount to about 0.64. Mr. Banister felt that an 8" water main is necessary for future connections to the west. The council members decided to revise the description covering project # 4 to read as follows: North Fourth Street and West Sycamore Street, to the east side of North Fourth Street. Project # 2. The city engineer stated that the cost per front foot to the property owner would amount to about $4.96. Mr. Lee Thomas inquired if the proposed extension would continue west beyond Low- rie Lane. Mr. Banister informed him that it would not. The city engineer informed property owners present that corner lots would be assessed the short side of the lot plus 25 feet. Project # 7. The city engineer estimated the cost per front foot to the property owner at $4.57. No one appeared at the hearing who was for or against the doing of the proposed work. Project # 3. Mr. John Bjugan inquired if the area proposed to be assessed will include West Hancock Street east of Everett Street. The city engineer informed him that the area will be assessed for a lift station but not for a sanitary sewer. Mr. Abbie Erlitz inquired why should property be assessed for a lift station in a case where the property is three blocks from a sanitary sewer. Mr. Warren Erlitz felt that assessment for lift station should be deferred until property is connected to the sewer system. Mayor Madsen stated that the city is not in a position to defer assessments. The city engineer stated that the assessment for the lift station would amount to $325.00 per acre. Mr. Scullen inquired if his property could be served by the lift station and the city engineer informed him that the location of the proposed lift station is some- what lower than his property so that he could be served. Mayor Madsen then inquired how many of the property owners present are opposed to the construction of a lift station. The following persons stated that they were opposed to a lift station at this time: Albert Erlitz, Frank Erlitz, Myron Scullen, Warren Erlitz, William Bonse. Mr. Harvey Moelter then inquired if certain proposed areas are eliminated, will plans be revised covering the lift station. The city engineer stated that the plans would be revised and the station would be constructed to serve only property owned by persons who are in favor of construc- ting a lift station at this time. Mr. Bjugan requested that the plans include West Hancock Street east of Everett Street. Councilman Charlsen stated that it would probably be unwise to abandon part of the area proposed to be served by the lift station because it will cost more to construct a second lift station at a future date. Mr. Harvey Moelter requested that the council abandon the proposed sewer and water extensions in Bergen's Forest Hills Addition but was in favor of construct- ing a lift station to serve the new addition. Project # 8. Mr. Harvey Moelter inquired should the school district request a water main extension to serve the needs at the new athletic field some time in the future, where will the extension be connected to the main. The council members informed him that the school district will be expected to run a private line to an existing main. Project # 5. Mr. Don Hill felt that the property owner should only be assessed for the cost of a 6" water main and if a larger main is recommended by the engin- eers the water department should bear the difference in cost between a 6" and a larger main. The city engineer estimated that the difference in cost between a 6" and a 10" water main would amount to ',p'2.20 per foot. Mr. Hill stated that he was not opposed to the construction of a water main exten- sion but did object to paying the cost of a 10" main. Project # 12. Mr. Schmalhorst stated that he had paid the full cost of construct- ing 210 feet of sewer in "William Street west of St.Croix Avenue in 1956 area was opposed to the construction of a sewer extension on St. Croix Avenue from -William Street. The city engineer stated that under present plans for sewer extension included in project # 12, some non -abutting property would probably be assessed in an amount of $259.00. layer Madsen inquired of kr. 3chmalhorst if he would be willing to pay the cost of constructing a manhole, about :;250.00. • • • • • 384 w Mr. Swager inquired how much would the project cost per foot if al] benefited property was assessed including property owned by Mr.Schmalhorst. +he city engineer stated 1f property owned by Mr. Sehmalhorst now served by pri- vate sewer was also assessed, It would probably cut the entire assessment by $1.00 per foot and the total assessment would amount to about $7.60 per foot. Project # 6. The city engineer estimated that the assessment covering project #6 would amount to $3.43 per foot for a 6" main. Project # 9. The engineers informed the council members that the notice of hearing should have read 6" water main in Ramsey and Myrtle Streets. The following persons objected to paying the cost of a 10" water main: Mr. S.S. DuRocher and James Dearborn, Councilman Simpson left his chair and stated that he had been requested tc repre- sent Our Savior's Lutheran congregation, offices of the local radio station, rAVN, Russell Duncan and Robert Duncan and that the foregoing property owners were objecting to a 12" water main extension in the area and he requested that the council order the installation of a 6" water main extension. He also stated that owners should only be assessed for a 6" main and the Board of Water Commis- sioners should pay the difference between a 6" and larger mains. Mr. Lloyd 2leske felt that property owners should only be assessed for a 6" water main. Project # 10. Mr. Banister and the city engineer suggested that the council aban- don the proposed sewer extension in the dead end at the cul-de-sac and Lookout Street until such time when the street is graded. :to Due appeared for or against the proposed improvement. ,'rcject # 11. Mr.Eldon Lewer inquired how many houses would be served by the pro- ros& improvement. Werb Greene inquired why it was necessary to extend the sewer east past his property. Mr.Banister informed him it was necessary because it would require less trenching and somewhat cheaper to construct the sewer extension. The following persons objected to the doing of the proposed work in connection with project # 11: Mr.A1 Nelson, Mr.Eldon Lewer, Mr. Herb Greene. After all persons were given an opportunity to be heard, the mayor then cloned tie hearing. The city engineer suggested that the council award a contract to the James D. Wolff Company covering construction of storm sewers and service connections in West Pine and South hemlock Streets. The city engineer informed the council members that the bids submitted by the Moelter Construction Company covering street grading and surfacing of West Moore, West Pine and South Hemlock Streets was $4,000.00 over his estimate and therefore recommended that the bid be rejected. On motion of Councilman Charlsen, seconded by Councilman Simonet, it was decided to defer action on the Moelter Construction bid until August the 8th, 1961. The city clerk read the following letter from Mr. J. A. Goggin "Since the new sewage disposal plant has been put into operation, we have had the problem of a flooded basement during heavy rains. Yesterday, we were again flooded out. The water was up over our doorstep and ran into the basement, the grating and coal chute. There was a foot of water in our basement for the fourth timethis year. The other three times this has happened, the city has told us that a valve was stuck and that the water could not run into the river. We feel that we pay large taxes on this old building and should not be flooded out each time there is a large rainfall. We cannot make candies under conditions where there is often a foot of water in the basement. The excess dampness causes candies to mold. Un- less something is done to correct this condition, we will be forced to move our factory out of Stillwater. -;le have been deprived use of our basement as we have taken three losses from water damage already this summer. Something must be done to correct this situation as we cannot continue this way." The city clerk reported that Mr. Phil Easton stated that the Gazette office is equipped to print a brochure in connection with the sewage treatment plant. On motion of Councilman Simpson, seconded by Councilman Charlsen, it was decided to award the printing job to the Stillwater Evening Gazette provided that they can complete the job in time so that the brochure can be handed to persons view- ing the Sewage Treatment Plant at the open house to be held on August 17, 18, 1961. The city clerk read the following claim against the city filed by Mrs. Eleanore Villars and Gerald K. Villars: You are hereby notified that our home was severe- ly damaged on Sunday, July 30, 1961 by water pouring in as a result of improper construction of streets and means for disposition of sewer and storm water by the MOM • • • 385 • • r w ww City of Stillwater. The full extent of the damage is not known at this time but both the house and the yard and personal property have been heavily damaged. Our home where the damage was done to both the real estate and personal property is art of he quarry lot also s 18,kofwHersey, Staples and Company's Additiont to Stillwater and part wofn aBlock Lo10, of Block 1, of Churchill and Nelson's Addition to Stillwater. The clerk informed the council members that a copy of the foregoing claim was mailed to the city attorney and the Krog Insurance Agency on August, the 2nd, 1961. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the payment of bills. 2. Ordering sewer and water improvements and directing preparation of plans and specifications. 3. Accepting bid for construction of project # 3, Local Improvement #29-1960. 4. Ordering preparation of report on sanitary sewer improvement. ADJOURNMENT On motion of Councilman Charlsen, seconded by Councilman Simonet, meeting ad- journed at 11:25 F.M. Attest: lailf kt Clerk • • • 386 • • Council Chamber August 8, 1961 7:30 P.M. Stillwater, Minnesota Regular meeting The meeting was called to order by President Madsen Opening prayer by the city clerk Present: Councilman Charlsen, Simonet, Simpson, Tennant and President Madsen Absent: None On o lman regularmeetingheldon July motion Councilman Charlsen, 1961 seconded 7:30 P. M. were approved.minutes of the APPLICATIONS From Ralph Wilberg for 'On' and 'Off' sale 3.2 beer licenses but on account of being in the residential district, were automatically carried over to the next regular meeting of the council. On motion of Councilman Charlsen, seconded by Councilman Tennant, a pool table license was granted to William J. Groschen, 317 South Main Street. ( 9 tables O: $5.00 per table, total A5.00.) COMMUNICATIONS From William T. Johnson, President, Stillwater Country Club, in regard to easement deed conveying ten foot strip of land to the city along the north side of Moore Street. On iand Cuncilman Councilman directed to havesamerecordedls en, the deed was ac- ceptedFrom James L. Denville, city attorney, in reggarrdrtoathe St.g droixAvenuesseue sewer erwim- provement which read as follows: "It is my er extension in St. Croix Avenue requires connection of an " sewer to an existing 6" sewer which was apparently constructed and paid for by private parties. It is my further understanding that there is no official record in the minutes of coun- cil proceedings or by ordinance or resolution evidencing that permission to con- struct said sewer in a public street was applied for and granted and that there is no agreement in writing relative thereto. The question 1s 'Does this sewer being constructed in a public street automatically become the property of the city or re- main as a private sewer so as to preclude connection thereto of the sewer extension mentioned above.' It is our opinion that the sewer is public property and that the parties who laid same sanitaryot revent the sewer systemty in the area. -tAssumig theing thereto ffactsor the to pose of extending the as aforesaid, the original construction of the sewer was unlawful and it would be manifestly unjust to permit those responsible to now capitalize thereon at public expense." From F. B. Christlieb, Engineer of Lands and Right -of -Nay, State of Minnesota, Department of Highways which read as follows: You furnished our district office at St. Paul Park in 199a cThereafter,ce youfhearig on addresseed topropthoMinnesotad sState High- , Sewer Iarrmenment # -19 59• way Department, North Main Street, Stillwater, Minnesota, a sewer assessment notice in the amount of 000.00. Our district engineer has advised us that this assess - the e of use of of ment is on whichst a storage garage Minnesota b n l garagebuildingisathe locatedAccording pto adviceifxomathes attorney general's office, a special assessment against property owned by the state can only be paid if the municipality follows the law. Reference madeis to Section 435.19, M.S.A. as amended by the 1957 legislature, Chapter 510, Section the provisions of this law, at least two weeks notice of the hearing by the govern- ing body of the municipality on the proposed assessment must be givenby y registered or certified mail to the head of the department or agency having the property. As the State Department of Highways has jurisdiction over the real estate and the Commissioner of Administration has jurisdiction over the bgiven uilding f e hearing tsitated heuCcmmission r� ofu Administrationdandctoo the Commissioner should ofd Highways.have n to sch notice in Payment cannot be made of the special assessment unless there is strict compliance of the provisions of this law. (A copy of this letter was mailed to the city attorney en July 20, 1961.) • • • • 387 • • From Clayton J. Moulton, President, St.Croix Area United Funds, i.o., which readt as lofY�the Washingtons: "On March 2County Communitynotified Cnestf requestingaction alltaken at in com- munities in the county interested in continuing the toeerhes st,to t the express t ssnsuch de- h sire in a petition signed by at least 5,� elec- tion. We are happy to report to you that your community filed a petition with sufficient names to be included with many other communities comprising slightly more than the area of the school district '834, having a total population nearly 22,000 people." From Banister Engineering Company to Barbarossa and Sons Inc., which read as fol- lows: Ye reoeived a call from Stillwater that a manhole frame is loose from the manhole in the coal yard area. This 1s the first manhole south of the one that was repaired .:arly this spring. In view of this trouble and previous trouble with the frames, we suggest that you check all the castings from the Nelson Street lift ... station and south to the waste treatment plant." Fr as �follows:ya"Ue aremanager, Union of the many thatareGrain gettingTerminal very Association, read with there- cent floodings of cur property since the installment of the new sewer disposal plant. We have been fortunate so far that these rains quit when they did or we would of ruined some very expensive equipment. We have a heating plant and our grinding equipment in the basement of the elevator and this last rain came up to an inch of getting into the 75 horsepower motor and if you think we enjoy clean- ing up all the mud that washes tn, we will let you fellows do it. So before something serious happens, I'd advise that you fellows call a meeting and figure out some way to handle this surface water." From Arthur F. Raduenz, President, Stillwater Motor Company, which read as fol- lows: "Ever since installation of serage disposal system, we have had a terrible flooding condition of basements and r.ur station, pausing water to get to a foot and a half depth in the street which pushes it up to our showroom, cannot serve customers in our station due to depth of water. Something has got to be done to clear that condition. Mr.Goggin's basement gets so much water in there, causing him so much damage that he is contemplating even moving out of town. There defi- nitely should be some action on this as other buildings are having the same trouble such as Smead's and Bob Olson. From James L. Douville,city attorney, in regard to City vs. g.G.Handevldt and Richard Ritzer. "Several weeks ago you referred to my attention the unpaid claims for street repairs to which referenee is made above. In each instance, an effort has been made to contact the debtor for the purpose of obtaining payment or rea- sonable arrangements therefore. The opportunity was left open to each to explain why he did not believe that he was liable if such be the case. Both individuals have elected to ignore my correspondence.completely. Consequently, I would sug- gest that the, matters fully ysuits isted to the warranted and theucounccil ildif directsmthe same,fIcts so presented, appears will commence proper actions." No action was taken by the council at this time. PETITIONS A petition with signatures of four property owners requesting a street light at the intersection of West Pine Street and South Brick Street was read. Mayor Madsen referred this matter to Councilman Simpson. DELEGATIONS 0R INDIVIDUALS d why ordersHelene have not47beenscarried oueared t with referencefore the council toamovinguof a fence erected nn city property by Mr. Mahood and the installation of a surface water drain south of her property. She also inquired if the council would grant permission to con- struct an arch over the present street south of her property. She felt that since Mr. Mahood was using city property she sh"^.ld have the same privileges. The city engineer stated that Mr. Mahood had promised to move the fence from city property. Mayor Madsen informed her that he and the city engineer will check into the matter. Mr. Clifton Halsey appeared before the council and inquired when the city will be ready to make a trade of property. Councilman Charlsen explained that it will be necessary for the city engineer.to make a survey to determine proper .iegal description. The city engineer stated that he will furnish the city attorney with a legal des- cription in about a week. Mr. Halsey also inquired about the construction of a retaining wall to stop the erosion which has existed since Pine Street was extended. The city engineer stated that a slope easement of about 10 or 15 feet should be acquired from Mr. nalsey before proceeding with the work of constructing a retain- ing wall. He estimated the cost of a wall at about $2,500.00 to 32,700.00. d e valueaofe his tproperty ated tprior oto the pe eextension ment lofbPine rStreet and th the difference thepresent value. On motion ofCouncilman Charlsen, seconded by Councilman Tennant, the city engineer • ' • • • 388 was directed to prepare specifications and estimated cost to construct a wall to retainback slope on Pine Street between Seeley and Borup Streets. UNFINISHED BUSINESS The council then reviewed the Moelter Construction Company proposal for grading and surfacing of West Moore Street, lest Pine snd South Hemlock Streets. Said proposal was opened and read at the meeting hell on July 31, 1961. Mr, Robert Daniels stated that he was opposed to the proposed improvement of South Hemlock Street. Mr. Gunderson, Mr. Daniels and Mr. Hooley complained about the condition of the street after construction of sewer in Pine and Hemlock Streets. They felt the contractor was responsible for the condition of the street as it now exists. Mayor Madsen felt that the property owners should come to a decision as to whether or not they want the etee' improved. He was of the opinion if the Moelter bid was not accepted the rest would probably be higher at a later date. Mr. Daniels felt that the city should gravel South Hemlock Stret because the ori- ginal gravel was removed by the sewer contractor. Mr. Banister stated that the sewer contract did not provide for replacing of gravel by the contractor. Some of the property owners complained a bout surface water in the area since the construction of sewers and the city engineer stated that he had proposed the con- struction of catch basins at Hemlock and Oak Streets but property owners felt the assessment would run too high. Mayor Madsen then suggested that the council reject the loelter Construction Com- pany bid because the proposal was over the engineer's estimate by about 36,000.00 and re -advertise for bids early next year. Mr. Gunderson then inquired if the council would have any objections if the pro- • party owners oiled the street at their own expense. Mayor Madsen stated that the council would have no objections. Mr.Banister stated should the council decide to reject the Moelter Construction Company bid, it probably would be wise to defer re -advertising fora bout six months or change the specifications. Councilman Simpson felt the council should accept the Moelter Construction Company proposal covering the West Moore Street improvement because said proposal was with- in the engineer's estimate of cost. (See resolution). Mayor Madsen announced the appointment of James Wilson as a member of the Board of Examiners and on motion of Councilman Simpson, seconded by Councilman Tennant, the mayor's appointment was confirmed. The city engineer stated that he did not have a rep,rt at this time covering the Dubuque Street sewer extension. Mr. Schmitz of Moody & Sprinsted informeu the council members that the postponement of the sale of improvement bonds did not create any legal problems. (The sale was postponed because of changes in proposed improvements at the hearing held on July 31, 1961.) Mr. William Banister of the Banister Engineering Company presented final plans for the construction of approximately 7,030 lineal feet of cast iron water main varying in size from 6" to 10' together with appurtenances and approximately 5,660 lineal feet of 6" and 10" sanitary sewer and approximately 1,950 lineal feet of 6" cast iron force main together with appurtenances and one sewage pumping station. COMI.:ITTEE REPORTS Councilman Charlsen 1. Reported that the Justice of Peace of Grant Township had informed him that any- one dumping garbage or refuse on land owned by the City in Grant Township will be arrested. 2. City has now officially taken over Sewage Treatment Plant and it was necessary to order an insurance binder covering plant and lift stations. He suggested the city call for bids on insurance coverage and on motion of Councilman Tennant, se- conded by Councilman Charlsen, the city clerk was directed to advertise for bids on the following insurance coverage: Fire, extended coverage, vandalism, malicious mis- chief, in the following amounts: Treatment plant, 4660,000, 2 lift stations at 372,000 each, said bids to be returnable September b, 1961 at 3:00 P.M. 4. He stated that the public is complaining about the mechanical condition of the parking meters and suggested that the compensation now paid to a patrolman for ser- vicing meters be eliminated. (v50.00 per month.) • • • • 389 w 4. Road leading to land recently purchased in Grant Township for dump purposes is completed and ready for use. He stated that the council should engage a land sur- veyor Grant Township becauset t.helines cityin engineerconnection cannotwith makethe thewsurvey accordiired ng site Minnesota Statutes. Councilman Simpson 1. Apartment vacant in city owned house on North Fourth Street. 2. Newly installed water faucet at Staples Field has been destroyed by children using the area for recreational purposes. 3. Reported that he and Mayor Madsen attended a meeting in connection with the re- quest of the Twin City Rapid Transit Company to reduce present bus schedule and per- sons attending the meeting felt that all municipalities must join together and op- pose any drastic cut in service and if necessary hire a firm to make a complete study and survey of Twin City Rapid Transit Company bus operations but there was some question as to whether or not a municipality could authorize an expenditure to compensate persons making a survey. Councilman Tennant 1. Reported that it will be necessary to spray the Lily Lake Beach area with a poison to eliminate mites and the beach will be closed for a couple of days. (Statement covering cost to spray the beach included with bills this evening.) • NEW BUSINESS A written request from Donald G. Hill to pay following assessments in ten annual installments (Charter Section 245) was read: Local Improvement No.22-1960, lots 7-12, block 18, McKinstry & Seeley'skSecond dcAdditioAddition, $1,028.99. (Sewer). iLocal Improvement No. 27-1960, lot 7, , $788.55. (Water main). On motion of Councilman Charlsen and seconded by Councilman Tennant, the foregoing request by "onald G. Hill was granted and the city clerk was authorized to accept ten annual installments as provided in the City Charter, Section 245.) On motion of Councilman Charlsen, seconded by Councilman Simpson, the following sewer rental charge was established and fixed for the year 1961: William Greeder, 908 South Sixth Street, meter notreadte for year covering months of'S ctober, November, December, 1960. Present charge $9.40 e The city clerk reported that Mr. Herb Ha11in, deputy county auditor, informed him that lot 42, in Fairmeadows Addition owned by the city was not included In a recent annexation of the area. 0n motion of Councilman Charlsen, seconded by Councilman Tennant, the matter was referred to the city engineer and the city attorney for a report at the next regu- lar meeting of the council. The city clerk informed the council members that our present insurance program does not cover the Lily Lake bathhouse against vandalism. Councilman Charlsen stated that it is not advisable to carry vandalism insurance be- cause of the high premium involved. On motion of Councilman Tennant, seconded by_ Councilman Simpson, Inland Marine In- surance issued limitythe of insuranced$8 o00 00 wasye approvedyandvering a ordered filed.an on On motion of Councilman Tennant and seconded by Councilman Simpson, the building inspector's report covering activities during the month of July, 1961 was approved and ordered filed. Mr. William Banister of the Banister Engineering Company reported to the council as follows: On Thursday afternocn, August the 3rd, 1961, 1 attended a meeting in the council chambers with several local citizens or business proprietors who have ex- perienced flooding of their property in the vicinity of Main Street and Nelson Street. Mayor Madsen, clerk Brower, city engineer Ehlinger and sewage plant superintendent Shelton were also present. The citizens or proprietors present seemed to be of the y owasiexplainedhvery carefully that nothing wasdonetoi the n hsewers e rwhich rwould r It ob struct the flow from the Nelson Street sewer in any wayand gandeth t the hfloodierng receive sulted from some other cause. After the meeting> some investigation and that a report be submitted for your council meeting on August, tthe th.he makingfofEdetailederafield hsurveys ave k to determine veed together on tious sewer elevations.his. Time has not How d- ever, based, upon eneralP of statement can beer stem made. There.ds is an40he incht bricks sewers onNelson dated lase, 390 • • Street between Second Street and Main Street. An extension of this rune westerly and southwesterly as a 40 inch brick sewer. In addition, there is a 30 inch by 45 inch oval shape brick sewer running southerly on Second Street to discharge into the 48 inch brick sewer on Nelson Street. The 0 inch brick sewer discharges into a 48 inch brick sewer on Nelson Street east of Main Street. Based upon what records are available, the capacity of the 40 inch sewer on Nelson Street between Second and Main Streets is at least slightly greater than the capacity of the 48 inch sewer on Nelson Street between Main and the river. In addition to the flow from the 40 inch sewer on Nelson Street east of Main Street, the flow from the sewer on Broad- way Street south of Nelson Street and on Main Street south of Nelson Street dis- charges into the 48 inch sewer east of Main Street. Because of the topography, a substantial hydraulic daaSbe tithe 4tinch sewer on Nelson Street be- tween Second Street and Maintreet. Wihall of' heeupstreampipesdisharging together at one point, it is obvious that the 48 inch sewer on Nelson Street, east of Main Street has a capacity less than the combined anflows owsntributaryto ato it. In Iedat- dition, catch basins at the intersection of pick up additional flows. When the head of water in the 40 inch pipa builds up, water will flow out of the catch basins at the intersection of Nelson and Main Streets. A relief sewer on Nelson from Main Street to the river will be required to relieve this flooding condition at the intersection. Because of the incomplet- cnoes of ost forrthisreliefds and b sewer cannoteneed for be given ate thised timeeld surveys, an estimate of Mayor Madsen inquired of Mr. Banister as to t he cost of a preliminary survey in con- nection with the relief sewer. Mr. Banister stated that a preliminary survey would run between $200 and $300. On motoned by Councilman engageiMr.oBanisterl to prepareepreliminary plans and estimateawasnt, it of cost to construct a relief sewer as proposed by Mr.Bsnnister. Mr. Banister reported that the Minnesota Highway Department has prepared plans which plans provide that surface water from a 37 acre tract of land would be diverted over the interceptor sewer near the Sunnyside Marine, Inc. He felt that water run- ning over the interceptor sewer might undermine the sewer line and cause serious suggest- edhe innsota t and that the waterdbe diverted dthrough tatculverteunder Htkhewinterceptor ay n that he sewer anthat the culvert should be extended to the river. Two proposals were received for a hot -mix bituminous surface on Staples Field bas- ket -ball court. 1. Ritzer Landscape Service, Stillwater, Minnesota, $2,002.10. 02.10. 2. T. A. Schifsky, North St.2aul, Minnesota co action , proposalsnwere submitteds upt onnths e trequestiofs theeRecrt eationiCommission.) called Tor, pp 0RD INANCES None RESOLUTIONS The following resolutions were read and were on roll callunanimously adopted: 1. Directing the payment of bills. 2. Approving plans and specifications ordering advertisement for bids and order- ing hearing on sewer improvement. 3. Rejecting bid for construction of project #1-Local Impr.vement #29-1960 4. Rejecting bid for construction of project #2-Local Improvement #29-1960 ADJOURNMENT On motion of Councilman Charlsen, seconded by Councilman S mpson, meeting adjourned at 11:50 P.M. r � ayor WMArtidajNj Attest: / City Clerk 801114 w • • • • r. 391 • .r SRO Council Chamber Stillwater, Minnesota August 14, 1961 9:00 A.M. Special meeting The meeting was called to order by President Madsen Present: Councilman Charlsen, Simonet, Simpson, Tennant and President Madsen Absent: None Mayor Madsen stated that he had interviewed several applicants fortheposition of Chief of Police and after careful screening of the applications, he felt that two applications should be considered. He then asked the clerk to read the two applications aloud which were received from Mr. S. N. Swenson of Aberdeen, South Dakota and Mr. Eldon D.Banders of Little Falls, Minnesota. After considerable discussion, Mayor Madsen announced the appointment of Eldon D. Sanders to the position of Chief of Police and on motion of Councilman Charlsen, seconded by Councilman Simonet, the mayor's appointment was unanimously confirmed by the council. (It was agreed to set the starting salary at $500.00 per month effective September 1, 1961. A resolution was unanimously passed by the council confirming the mayor's appointment of Eldon D. Sanders to the position of Chief of Police. Said resolution was not published on advice of the city attorney. The city attorney felt that resolutions of this nature should not be passed at special council meetings unless the meeting was duly publicized in the official paper of the city. He suggested that the resolution be repassed at the next regu- lar meeting of the council and published according to provisions of the city char- ter.) On motion of Councilman Charlsen, seconded by Councilman Simpson, me ting adjourned at 10:15 A.M. ��ii ,, �ayo%or1-,—uw/ Attest: fiLlantsjajNj City Clerk 4 • 4i • • • 392 Council Chamber Stillwater, Minneso*a Special meeting August 25, 1961 4:30 P.M. The meeting was called to order by President Madsen Present: Councilman Charlsen,Simonet, Simpson and eresident Madsen Absent: Councilman :'ennant Mayor Madsen stated that Mr. IdorPederson, Chairman of the Board of County Com- permitntosWashington Countyhwhich permit iwould allowl coider g the tcounty ing a non-conforming to use the i old lduse hospital building for office space. Mayor Madsen informed the council members that he had contacted Mr. Robert Hagen, chairman of the Planning and Zoning Commission,in regard to the request for a non- conforming use permit and Mr. Hagen assured the mayor that his commission would have no objections to the granting of the permit as requested by Mr. Pederson. On motion of Councilman Charlsen, seconded by Councilman Simonet, a non -conforming use permit was granted to Washington County. Said permit will allow the county to use the hospital building arroffice space sfor ingperiod not to exceed five yearsprovided the county angesforoff street parking. is- The following from R Hagen, , noacinoue onwas rdaloud:"As yu heard last all gropsfty,county and township have endorsed the downtown circulation plan which includes the western by-pass. If our commission can have the endorsement of the city council, also, we can set up meetings with the highway department and the railroads and begin our negotiations. It is our hope that you will give us your endorsement soon. The only request for recommendation concern the enlargement of the Assembly of God Church to include 13 family units of apartment space. Because thirteen such units require 26,000 square feet of space and only 6,500 square feet was available under their plan, our Planning and Zoning Commission makee the recommendation that the request be denied. Our planner, Mr. Hodne, gave us a time schedule which provides that the balance of their work including the new zoning ordinance and sub -division regulations, will be presented to our group for discussion by the end of September. These, of course, won't be accepted until after discussion by our group and the city council." the cOn motion of ir- culation planOwaschearrtily Simpson, asded pr presented bylthe planningan ncommission. cir- n Simonet, the uest far the enlargement ofi the nAssembly nof God Chured ch building ato include thirteen family units was denied. ADJOURNMENT On motion of Councilman Charlsen, seconded by Councilman Simonet, meeting adjourned at 5:00 P.M. Attest: MCity Clerrk v • • • 393 • • Council Chamber Stillwater, Minnesota September 6, 1961 2:30 P.M. Special meeting Meeting was called to order by President Madsen Present: Councilman Charlsen, Simonet, Simpson, Tennant and President Madsen Absent: None This was the day d time approximately 7,030lineal sfeet o, ts oconstruction Section of oastiron water main varying in sizefrom 6 inch to 10 inch together with appurtenances. Section 2, approximately 5,840 lineal feet of 8 inch and 10 inch sanitary sewer and approximately 1,950 lineal feet of 6 inch cast iron force main together with appurtenances. Section 3, one sewage pumping station. The City Clerk read the advertisement for bids aloud. The following bids were then opened and read aloud: (1) Orfein and Sons, Inc., 1156 Homer, St. Paul, Minnesota$ 36,780.30 Subtotal, Section 1 3,389 30 Sub -total, Section 2 43,389.30 Total Sections 1 and 2 Section 3, no bid Start work date, Sections 1 and 2, September 18, 1961, complete work date as specified. (2) Sub -tor Construction Company, Stillwater, Minnesota $ 39 822.00 Sub -total, Section 1 54,891.25 Sub -total, Section 2 $ 94,713.25 Total Sections 1 and 2, Section 3, no bid Start work date, Sections 1 and 2, September 11, 1961, complete work date, December 15, 1961. (3) Peter Lametti Construction Company, 615 Drake St., St. Paaul1l 2, Minnesota Sub -total, Section 1 k152,235.6518 Sub-total, Section 2 93,382.95 Total Sections 1 and 2 Section 3, no bid Start work date, Sections 1 and 2, October 1, 1961, complete work date December 15, 1961. (4) Csrl W. Frank, 14 Glen Mary, Winona, Minnesota 3g,267.50 Sub -total, Section 1 38,267.50 Sub -total, Section 2 $ 82,995.50 Total Sections 1 and 2 y.18,000.00 Section 3, base bid, Deduct from base bid, Chicago Pump Co. package 500.00 Schnieg 1,500.00 Remarks: If awarded Sections 1 and 2, and Section 3, 1,500.00 deduct Start work date, Sections 1 and 2, September 15. 1961. Complete 1work date December 15, 1961. Complete work date, Section 3, -„} (5) Nodland Construction Company, Inc., P. 0. Box 48, Alexandria,7M0nne0sota Sub -total, Section 1 56,250.00 Sub -total, Section 2 $101,000.00 Total Sections 1 and 2 Section 3, no bid Start work date, Sections 1 and 2, as specified. Complete work date, Sections 1 and 2, as specified. (6) F. Morettini Construction Co., 852 Sub -total, Section 1 Sub -total, Section 2 Total Sections 1 and 2 Section 3, no bid Start work date, Sections 1 and 2, as specified. Westmtnister St., St. Paul 1, Minnesota $ 39,318.75 46,848.25 8 86,167.00 September 15. 1961, complete work date, • • • • . 394 (7) Bart Carlone, 761 Jefferson Sub -total, Section 1 Sub -total, Section 2 Total Sections 1 and 2 Section 3, no bid Start work date, Sections 1 June 1, 1962. (8) Standard Contracting Co., 5 Sub -total, Section 1 Sub -total, Section 2 Total Sections 1 and 2 Section 3, no bid Start work date Sections 1 December 15, 1961. (9) Barbarossa and Sons, Inc., 402 33rd Sub -total, Section 1 Sub -total, Section 2 Total Sections 1 and 2 Section 3, base bid, Deduct from base bid Sections 1 and 2, complete work, December 15, 1961. Avenue, St. Paul, Minnesota and 2, September 15, 1961. Complete work date, 020 Ramsey Street, Duluth 7, and 2, September 20, 1961. Complete work date, Avenue North, St. Cloud Minnesota $ 35,455.00 44,892.50 $ 80,347.50 $ 15,200.00 500.00 work date, December 15, 1961. Section 3, complete (10) Montgomery Construction Company, St. Croix Falls, Sub -total, Section 1 Sub -total, Section 2 Total Sections 1 and 2 Section 3, no bid Start work date, Section 1 and 2, 10 days. Complete work date, as specified. $ 43,915.75 60,221.50 8104,387.25 Minnesota $ 44,002.00 42,777.00 $ 86,779.00 (11) Austin P. Keller, 3467 North Albert, St. Faul 13, Sub -total, Section 1 Sub -total, Section 2 Total Sections 1 and 2 Section 3, no bid Start work date, Sections 1 and 2, as specified. specified. (12) Acton Construction Co., Inc., 1871 West County Road C, St. Paul 13, Minnesota Section 1, no bid Section 2, no bid Section 3 4 17,976.00 Deduct from base bid 2,456.00 Total, Section 3 $ 17,976.00 Start work date, Section 3, October 1, 1961. Complete work date, December 15, 1961. Mr. William Banister, the City's engineer, stated that tabulation of bids can be completed by 5:30 this P.M. Mayor Madsen then suggested that the council consider the bids at 5:30 this afternoon. This was the day and time set for public hearing on the following proposed project: Construction of 8 inch sanitary sewer on West Hancock Street from South Everett Street to the east line of RStzer's Subdivision. The City Clerk read the notice of hearing aloud, covering the foregoing improvement. Mayor Madsen then inquired of the City Clerk If the-mtice was duly published. The City Clerk informed Mayor Madsen and the Council members that the notice was duly published in the Stillwater Evening Gazette, the official newspaper of the city and that a copy of said notice was mailed to all known property owners. Mayor Madsen then announced that all property owners and interested persons will be heard at this time. Mr. Ross Diethert who owns one-half of a lot on the north side of Hancock Street, stated that the proposed improvement would not benefit hie property and therefore objected to the doing of the proposed work. Delina Bergeron who owns 150 feet from Everett Street to Rltzer's Subdivision, stated that the street is not open and she felt she should not be assessed at this time and therefore objected to the doing of the proposed work. Mr. Lowell Tuft also objected to the proposed improvement. Mayor Madsen stated that Mr. Bjugan, who signed the petition for the improvement, can probably be accommodated by a private sewer line to his property. After all property owners and interested persons were given an opportunity to be heard, Mayor Madsen then closed the hearing. On motion of Councilman Tennant, seconded by Councilman Charlsen, it was decided to defer the construction of an 8 inch sanitary sewer on West Rancock Street from South Everett Street to the east line of Rttzer's Subdivision. Wisconsin $ 43,762.00 00 79,051.00 Minnesota $ 37,920.75 49,400.75 $ 87.321.50 Complete work date, as eddy is .w • • (ON • 395 • • M This was the day and time set to open bids on the following insurance coverage: Fire, extended coverage, vandalism, and malicious mischief. The property to be insured and the coverages provided thereby being as follows: (1) Sewage treatment plant, 4460,000.00 (2) Sewage pumping stations, 372,000.00 each, all coverages to be with so% co- insurance. The City Clerk read the advertisement for bids aloud. Only one bid was received and that was a bid from the H. M. Fauley Agency, 1006 South First Street, Stillwater, Minnesota. The bid was not opened. Councilman Charlsen stated that some of the local insurance agencies have informed him that it might be possible to write one institutional policy to cover all city buildings and contents. The City Attorney suggested that the Council call for bids on an institutional policy which would provide complete coverage. nMr. Manard Nelson of ot bey necessary from ahlegal e l standpoint lwater utoncall for ce ybids on such a was of the l policy.atMr. would Maynard Nelson suggested that the Council arrange for an informal meeting to discuss the matter with the various insurance agencies. On motion of Councilman Charlsen, seconded by Councilman Tennant, it was decided to reject the H. M. Pauley bid and renew the binder covering the sewage plant and lift stations for a period of thirty days. On motion of this Councilman secondedpbymCouncilman an1Simpson, this meeting was adjourned to 53 0 Attest: City C1fitaltArt-nit-Ni Mayor Council Chamber Stillwater, Minnesota September 6, 1961 5:30 F.M. Special adjourned meeting The meeting was called to order by President Madsen Present: Councilman Charlsen, Simonet, Simpson, Tennant and President Madsen Absent: None ids ened this Mr. 2:301P.M.�forsconstructionthe yof Sectionr1,stated that approximately 7b,030 lineal feet ofcast Seca ont2main, varyingmin size lineal ofl 8ch to 10 inch andi10hinchgether sanitaryth sewer and Section 2, approximately 5, ap- proximately 1,950 lineal feet of 6 inch cast iron force main, together with appurten- ances, Section 3, one sewage pumping station, have been tabulated and explained that the lowest combination of bids were the bids submitted by Montgomery Construction Company covering Sections 1 and 2, in the amount of $79,051.00 and Barbarossa and Sons, Inc., covering Section 3, in the amount of $15,200.00 for a total of 394,231.00. This figure covers base bids and eliminates the Hancock Street improvement and all water mains over 6 inch in diameter. He stated that his estimate for the projects amounted to tgomeryConstruction ructionBanister Companyandrecommended Barbarossathat and Sons, Inc. councilaward contracts to the Mon ADJOURNMENT On motion of Councilman Charlsen, seconded by Councilman Simonet, meeting adjourned at 5:45 P.M. Attest: City Clerk ate_ Mayor • • .;96 • • Council Chamber Stillwater, Minnesota Regular Meeting. The meeting was called to order by Opening prayer by the City Clerk Present: Absent: September 12, 1961 President Madsen 7:30 F.M. Councilman Charlsen, Simonet, Simpson, Tennant and President Madsen None On motion of Councilman Charlsen, following meetings were approved: Special meeting Special meeting Regular meeting Special meeting Special meeting seconded by Councilman Simpson, minutes of the July 25, 1961 July 31, 1961 August 8, 1961 August 14, 1961 August 25, 1961 7:30 F.M. 7:30 F.M. 7:30 F.M. 9:00 A.M. 4:30 F.M. APPLICATIONS On motion of Councilman Charlsen, seconded by Councilman Tennant, "On" and "Off" Sale 3.2 Beer Licenses were granted to Ralph Wllberg, 1112 Sixth Avenue South, on the second reading of the applications. On motion of Councilman Charlsen, seconded by Councilman Tennant, an "off" Sale 3.2 Beer License was granted to the National Tea Company, 216 West Myrtle Street. On motion of Councilman Tennant, seconded by Councilman Simpson, a Bowling Alley License was granted to Donald F. Mosiman and Glenn L. Karloske, 317 South Main Street. (8 alleys. $10.00 first alley and $5.00 for each additional alley, total fee :45.00) On motion of Councilman Charlsen, seconded by Councilman Simonet, a Junk Dealer's License was granted to Lawrence Rumpf, 2007 Schulenberg Avenue. COMMUNICATIONS A copy of a letter written by James L. Douville, addressed to the Northern Pacific Railway Company in regard to proposed reconstruction of the pavilion in Lowell Park to provide offices for the Stillwater Chamber of Commerce which read as follows: "Kindly refer to your donation deed, number RW 6234, dated November 16, 1959, con- veying certain real estate to the City of Stillwater for park purposes. Your ref- erence will dlaclose that included In such conveyance was the paved pavilion lo- cated at the eastern end of Myrtle Street on the shore of Lake St. Croix. For several months, the Stillwater Chamber of Commerce, in need of new office facilities has been considering the possibility of remodeling and reconstructing the said pavilion so as to provide such facilities and has at various times appointed rep- resentatives to appear before the City Council relative thereto. It 1s my under- standing that the proposed structure would provide offices for the executive secretary of the Chamber, a meeting room which would be made available for public use, a tourist information bureau, supervised public rest rooms and a public shelter area and that except for the possible question of use, the building would in no way or manner affect the reservations and restrictions of the donation deed, including the obligation to keep the roadways open in their present location and their right of ingress and egress. Before any concrete planning can be done, it is of course, necessary to ascertain your views in the matter and whether or not you would agree to the erection of such a building. The final plans and specifications as well as other details would, of course, be submitted to you for approval before an ultimate decision on your part." A copy of a letter from the Northern Pacific Railway Company addressed to Mr. James Douville, City Attorney, which read as follows: "Please refer to your letter dated August llth, concerning donation deed, RW 6234, dated November 16, 1959, whereby the railway company conveyed certain property to the City of Stillwater for park purposes. You ask whether the railway company would consent to use of a portion of the premises donated for location of an office for the Stillwater Chamber of Com- merce. When we donated this land to the City of Stillwater, 1t was given for park purpose only for a specific reason. At this time the situation concerning property In this area is such that we are not agreeable to granting approval of your renuest." • • • 397 • • From James L. Douv111e, City Attorney, which read as follows: "The Mayor's office and this office have received copies of a proposes agreement to establish a cooperative library involving the City, the count" and certain other governmental eubdivinlons. Since the agreement as proposed woul transfer certain authority now exercised by the Stillwater Library Board to a joint lard, a question of legality arises which I have suppested to the mayor, might be submitted to the attorney general for opinion. Per- haps the council should consider the matter at its next regular meeting and if requested to do so, I will obtain such an opinion." On motion of Councilman Charlsen, seconded by Councilman Tennant, the city attorney was instructed to request an attorney general's opinion in regard to this matter. From the Banister Engineering Company in regard to the South Fourth Street grading and surfacing which read as follows: "Enclosed is contractor's estimate #5 and final for the Fourth Street grading and surfacing improvement which was started last summer The proected this spring. has beenhe l payment inspectedas b shown theon cit the en engineer,estimate thesdistrict00. The projectocompleteiandY Y g engineer of the Minnesota State Highway Department, and the writer and all the work has been done In accordance with the plans and specifications and is acceptable. We recommend that this project be approved and accepted by the City of Stillwater and that final payment to the Solberg Construction Company be authorized." From the Minnesota Department of Health, Section of Water Supply and General Engineering, reporting on plans and specifications on water main extensions consisting of approximately 7,030 lineal feet of cast iron water main varying in: size from 6 to 10 inches in diameter which report read in part as follows: "The plans and specifications of this water works project comply in general with the requirements of the Minnesota Department of Health and are recommended for approval with the usual reservations as stated on the attached sheet entitled 'Information relative to plan examination•". From the Minnesota Department of Health, Section of Water Pollution Control, reporting on examination of plans for sewer extensions consisting of approxi- mately 8,795 feet of eight inch and ten inch diameter sewer extensions, 1,950 feet of six inch diameter force main and a sewage lift station located as shown on the plans described above. :he report on the foregoing sewer extensions read in part as follows: "These plans are in general accordance with the requirements of the Minnesota Depart- ment of Health and are presented for consideration with the understanding as stated in the preceding paragraphs and with the usual reservation as stated on the at- tached sheet entitled 'Information relative to planned examinations". From the State of Minnesota, Commissioner of Highways, in regard to hearing on the modification and revision of the rules and regulations for State Aid opera- tions. Mayor Madsen referred this matter to the city engineer. From the Northern States Power Company, which read as follows: "The written agree- ment dated March 5, 1957 between the City of Stillwater and the Northern States Power Company for overhead street lighting service, made effective April 1, 1957, provides that the company shall give you notice of the expiration date of each five year period at least six months prior thereto. The present five year term of this agreement will expire March 31, 1962, but said agreement will continue in force thereafter for another five year period unless we receive notice from you at least thirty days prior to such expiration date that you wish to terminate the agreement. We very much appreciate your business and will do our best to provide the same good street 1'ghting service In the future that you have enjoyed In the past." From the State of Minnesota, Department of Highways, In regard to laws prohibit- ing th a use of trunk highways for local celebrations. From the State of Minnesota, Department of Health, announcing that Harold Foster, Manager of the Water Department, has fulfilled the requirements of the examining committee for water works operator, Grade C. From the Northern States Power Company In regard to revised interruptable gas rates schedule recently established for Stillwater. (The revised schedule does notaffect the clty's present contract as to rates, but makes provision in the event gas costs to the company is increased., From Mr. Richard C. Badman, Jr., Secretary of the St. Paul Building and Con- struction Trades Council, requesting that the city council enact legislation re- quiring recognition of prevailing rates by contractors when bidding on public work projects In the various communities. On motion of Councilman Tennant, seconded by Councilman Charlsen, the letter was ordered filed. 1 • • • 398 • • From the Banister Engineering Company to regard to sanitary sewers and water main extensions which read as follows: "After reviewing the bid received on September 6, and reviewing the conditions under which the council deleted the sanitary sewer on Hancock Street, east of Everett Street and by decreasing the size of the water main on North Fourth Street from 6 inch to 6 inch in size, $we 2,000a001.at Inhe othersngs in words, inst which arrivingwatlyourult bondrom issueis is amounts,swen sully Pest that you reduce the amount by .i$2,000.00. 0f course, you must add to the cost. contract epwould alsothe cost ofsuggest that somegallowancal e madees nd fortcontingencies."us On motion of Councilman Charlsen, seconded by Councilman Simpson, the letter was ordered filed. A copy of a letter from the Banister Engineering Company to Harold Foster, Superintendent of the Board of Wter Commissioners which read as follows: The bids received for the watermain construction by the city council on Wednesday afternoon, September 6, 1961, were all below the estimate. The council made an award of the contract to the Montgomery Construction Company of St. Croix Falls, Wisconsin. One thing which did occur which affects you and which I wih e the water mains ontNorth s Fourth Street nreduced s inhsize c from t aeight roct the s orderedil to yr to six inch unless the Board of Water Commissioners would pay the difference. This is the same thing which has happened in other instances. The Board of Water Commissioners has adopted the policy that they will not stand the difference in cost. Under the circumstances, we are proceeding on the assumption that the water main on North Fourth Street will be six inch in size. This is another case nd I where Idid, I are howeverdc,aught in the want to let youreze knowaab utdthis..ee what we can do aboutit. A copy of a letter from the Banister Engineering Company to the Montgomery Construction Company, St. Croix Falls, wisconsin which read as follows: "As you know, you were the successful bidder on the water main and sanitary sewer construction in the City of Stillwater, in accordance with the bid you sub- mitted at 2:30 P.M. on Wednesday, September 6. The council took formal action at an adjourned meeting at 5:30 P.M. on September 6 to award you the contract for this work. Contract documents are being prepared and will be forwarded to you tomorrow. We specifically wish to mention to you action taken by the council at its regular meeting. Immediately following the opening of bids at 2:30 P.M. the council held a public hearing on the sanitary sewer extension on Hancock Street, east of Everett Street. The property owners were opposed to this one block of sewer extension and it was therefore deleted from the project. Further, after due consideration, the water main on North Fourth Street was reduced from eight inch in size to six inch In size. We call the foregoing to your attention so that in the placing of any orders for materials, you will take these facts into consideration. To summarize again, the water main on Fourth Street is decreased in size from eight inch to six inch and the sanitary sewer on Hancock Street, east of Everett Street 1s deleted from the project. Please make this correction in ordering your materials." From the Northern States Power Company, which read as follows: "As stated in my letter to you of Jane 19, 1961, Northern States Power Company recently re- ceived a refund from Northern Natural Gas Company of which $1,750.14 is at- tributable to general service gas sold in our Stillwater division. The result of a refund 0-0pd 91FCommission on May 24, 1 in dockets No. 1904anG104Inaccordancewiththe recentrevisionin our rate schedule in your community which established a procedure for passing the benefits of such r1961nto haveour reducedcustomers, generaleffective servicesrateslls eby de2.5 red conents m.c.f. and after July 27, 1961, we cents per m.until such refund has been ex..ended." Copy of a letter from Banister Engineering Company to Minnesota Department of Highways, which read as follows: "This letter is written following the writer's telephone conversation with Mr. F. W. Thorstenson, on Tuesday, August 8, 1961. The primary purpose of the telephone conversation pertained to the interceptor sewer constructed by the City of Stillwater on an easement through property now owned by the Fort of Sunnyside, Inc. Special reference was made to drain- age you now propose to bring through Fort of Sunnyside property which will cross over the interceptor sewer. I am not personally familiar with the exaet location where yca propose to construct the culvert and run the drainage. From general information, however, it would appear that this construction will cross the interceptor sewer between stations 88 and 90. Enclosed find one copy each of sheets 7 and 8 of the plans of this interceptor. You will note that the force main bends at station 87 plus 79.5 to the southwest and then returns to the original survey line at station 89 plus 79.5. It was necessary to deviate from a straight line at this location in order to }.rovide adeouate cover over the force main. This, of course, is on the assumption that your drainage will tcross hP itercektor at ionedt thatn the force main hwas e o18t inches o in d size. Igstand our conversation, I n corrected on this • • • • rim • • as the correct size is 20 inch. The pipe is 20 inch, class 150 cast iron pipe of the slip Joint type of Joint. Uur clans indicate that the cover over the force main at this location is slightly less than four feet. Any cut which is made over the pipe should be avoided. Special precaution should be taken in any event to protect this pump. The pumping capacity of the lift station is in excess of 6,0oo gallons permtnute. If a break should occur here, sanitary sewage in this volume would probably cause an extreme amount of damage to the entire area. I, personally, would strongly recommend that any culvert constructed by the State Highway De. partment be extended to at least discharge to a point east of interceptor sewer. Should you have any questions or comments, please discuss them with the writer". From Mr. John W. Linguist, Finance officer of American Legion Post #48, which read as follows: "The American Legion Fost #48, baseball program, for the summer of 1961 approached the figure of 8400.00. It has been customary for the City of .Stillwater to help with the expenses of this program in the amount of 8100.00. We would appreciate a check for this amount as soon as possible as these expenses have not been taken care of yet due to financial difficulties." On motion of Councilman Simpson, seconded by Councilman Charlsen, this matter was referred to the Recreation Commission. From Mr. Eugene MCComber, West Hollywood, Florida, stating that he has re- ceived a request to clean up property owned by him on the corner of Olive and Grove Streets. On motion of Councilman Simpson, seconded by Councilman Charlsen, this matter was referred to the city engineer. From the Hartford Fire Insurance Company Croup, in regard to comprehensive general liability policy, City of Stillwater, which read as follows: "In connection with the above policy, a general survey of the city was made on September 6. We would like to make the following comments and sugges- tions to assist you in your efforts to control accidents and losses. (A) pioneer Fark. (1) A splintered and rotted board on one of the merry-go-rounds should be replaced. (2) The chimney on the south fireplace has cracked vertically and the possibility exists that part of the chimney could topple over. This should be repaired at once. PSI (3) Several stones in the retaining walls overlooking the bluff have fallen out. These places are apparently being used as an impromptu stairway, opening a possibility for trip- ping and falls. This wall should be repaired to eliminate this hazard (B) Lowell Park. (1) The concrete seats and retaining wall along the driveway are cracked and chipped. This, as well as the sidewalk in front of the wall, should be repaired. (C) Much progress has apparently been made in your efforts to im- prove the sidewalk conditions. However, 1 am sure that you will agree that continued effort is necessary to further im- prove the situation as much as possible. These suggestions are offered as examples of conditions existing in your city that could be responsible for losses or accidents. Naturally, it is not possible nor can we accept the responsibility for recog- nizing and calling to your attention every possible exposure to loss or accident occurence. If we can be of any further assis- tance, please do not hesitate to contact us at any time." From Mr. Wallace Carlson to Mr. Ehlinger, City Engineer, which read as follows: "Last summer the banks of our corner lot were cut rather steeply when Oak and Grove Streets were altered and widened. As a result our water lines to the main street water line were not deep enough in the ground and they froze last winter. This happened once and the water de- partment came and thawed them and when it happened again, they remedied the situation by allowing a little water to run all the while in a basement drain. They estimated our water bill according to the water bills issued to our family in the preceding months and we paid that estimate. We do not feel that it is our responsibility to pay for the thawing of the pipes. The bill for $22.00 is unpaid. Please take care of the matter and let us know what is to be done. We have never had any trouble of this nature before." The city engineer stated that the water pipe referred to by Mr. Wallace Carlson is a private line and the water board will not bear the expense of lowering same, therefore, it is the responsibility of the city to take care of this matter because the ;.resent ,ondition was caused by changes •1 • • • • 400 • • made to the grade of the street. He estimated that It would coat about 1100.00 to correct the condition. On motion of Councilman Tennant, seconded by Councilman Simpson, the matter was referred to the ciLy engineer. PETITIONS The following petition with signatures of four property owners affected was presented. "We, the undersigned property owners, petition the City of Stillwater to install a street light at the intersection of West kine Street and South Brick Street." (see committee reports) The following petition signed by Clifton F. Halsey, Marilyn A. Halsey, and Ernest R. Thueson was presented: "The undersigned, hereby represent and show as follows: (1) That they are the owners in fee simple of more than one-half of the property on the line of Borup Street between the southerly line of West Fine Street and the north line of Section Thirty-two, Township Thirty,Ranges Twenty 1n said city. (2) Thatt thaton thefuseat andart of said developmentsofeet theabove described adjoining property would be best served by altering and modifying the location of said street as hereinafter set forth. (3) That to order to effectuate such alteration and modification of said street and In consideration thereof, they will convey to the said city and unconditionally and irrevocably dedicate for public street pur- poses one, two,tracts three,ablockcribed as follows: twenty, McKinstry andwSeeley'sThat Sec Second rt of Addition to the City of Stillwater, according to the plat thereof on file and of record 1n the office of the Register of Deeds, Wash- ington County, Minnesota, described as follows: Commencing at a point on the north line of said block twenty, fourteen and 55/100 feet west of the northeast corner of said block, thence south- easterly for a distance of 26.46 feet to a point on the east line of said block 20, which point is 21.88 feet south of the northeast corner of said block, thence southerly along the east line of said block 20, for a distance of 85.95 feet to the southeast corner of lot 3, in said block, thence northwesterly to a point on the north line of said block 20 which Is 75.03 feet westerly of the northeast corner thereof, thence easterly along the north line of said block 20, a distance f 6810,feet blockthe 19 ofpoint saidfMcKinstrybeginning, andand Seeley'sthat part oflots 7,8,9 and Second Addition to the City of Stillwater described as follows: Com- mencing at the southwest corner of said block 19, thence easterly along the south line of said block for a distance of 30.93 feet to a oint, thence linen oftsaidterly blockfor 19,awhichance pointtis53.04 149.36eet feetonortpoint north- erly of the southwest corner of t 1d the1pointtofnbeginning,ce ly wherefalong ore the west line of said block 19, your petitioners pray that Borup Street between the southerly line of west Pine Street and the north line of section 32, township 30, range 20 in said city be altered and modified as follows: (1) by vacation of those portions of said Borup Street as presently laid out and dedicated described to -wit: Commencing at the northeast corner of Block 20, of McKinstry and Seeley's Second Addition to the City of Stillwater, thence southerly along the east line of said block for a distance of 21.88 feet to a point, thence southeasterly by a deflection angle of 330 and 21' to the left for a distance of 79.51 feet to a point, thence southerly by a deflection angle of 210 41' and 29" to the right for a distance of 9.98 feet to a point on the west line of block 19 of said McKinstry and Seeley's Addition, thence northerly along the west line of said block 19 to the northwest corner of said block, thence westerly along the northerly line of said block 19 extended which line is also the southerly line of West Pine Street, to the point of beginning and also commencing at the northeast corner of lot 4, block 20 of said McKinstry and Seeley's Second deflection n the City of Stillwater, thence southeasterly by P of 110 39' 31" to a point on the north line of section 32, township 30ne range0, nce west same is0ng the intersectedhbyitheoeasterlyelinen32 of .w • • • • 401 • block 20 of said MoKtnstry and Seeley's Second Addition extended, thence northerly along the easterly line of said block 20 and the southerly projection thereof to the point of beginning. (2) By relocating said Borup Street upon that certain land bounded and described as follows, to -wit: Commenoing at a point on the north line of block 20, of MOKinstry and Seeley's Second Addition to the City of Stillwater which point to 14.55 feet west of the northeast corner of said block 20, thence southeasterly for a distance of 26.46 feet to a point on the east line of said block 20 which is 21.88 feet south of the northeast corner of idhblock,t thencedsoutheasterly ly.51 by a deflection angle of 330 2to feet to a point, thence southerly by a deflection angle of 210 41' 29" to the right for a distance of 9.98 feet to a point on the west line of block 19, of said MCKlnstry and Seeley's Second Addition, thence continuing on a straight line to the north line of section 32, township 30, range 20, thence west along the north line of said section 32, for a distance of 52.18 feet to a point, thence north- westerly to the northeast corner of lot 4, block 20, of said McKlnstry and Seeley's Addition, thence northwesterly to a point on the north line of said block 20, which is 75.03 feet westerly of the northeast corner of said block 20, thence easterly along the north line of said block 20 for a distance of 60.48 feet to the point of beginning." On motion of Councilman Tennant and seconded by Councilman Simpson, the city clerk was directe.i to publish a notice to the effect that the fore- going ptiotiwof November,1961 at filed and that a hearing will be held on said petition onthe7th day DELEGATIONS 0R INDIVIDUALS Mr. George Katz appeared before the council and inquired if the city has acquired an easement from the Forest Nutting estate to construct a storm sewer leading to Lily Lake. Mr. Bud Winters of the Municipal Equipment Company appeared before the council in regard to sewer cleaning equipment. He stated that suitable equipment for use in the City of Stillwater would range in price from $4,000.00 to about $4,274.00. He also stated that his company would be willing to rent this equipment to the city for a ten month period at a rental fee which would amount to the purchase price and the equipment would then be turned over to the city. Councilman Charlsen stated that the city engineer has recommended that the city acquire this type of equipment. On motion of Councilman Tennant, seconded by Councilman Simpson, Councilman Charlsen was authorized to rent the equipment as proposed by Mr. Winters provided that the foregoing offer meets with the approval of the city at- torney. UNFINISHED BUSINESS On motion of Councilman Tennant, seconded by Councilman Charlsen, the Junk Dealer's License issued to Leo Klein on the llth day of July, 1961 was cancelled. (Requested by applicant.) The city engineer reported that the estimated cost to construct a wall to retain the back slope on Fine Street between Seeley and Borup Streets would amount to about $1,500.00 and he also reported that work has started on the wall by men working in his department. The city engineer reported that the estimated cost to extend a sewer in Dubuque Street would amount to about $9.90 per foot. He stated that he was sure that three property owners residing on Dubuque Street would ob- ject to the doing of the proposed work. Mayor Madsen suggested that the project be dropped for the time being and the city engineer also felt that the project should be abandoned for the time being. At a previous meeting of the city council, the city attorney and the city engineer were requested to investigate and report their findings In con= nection with lot number 42, which lot is owned by the city according to the records in the county auditor's office and was not included in the recent annexation of Fairmeadows. The city engineer reported that he had checked into the matter and finds that lot 42 was conveyed to the Board of Water Commissioners and that the Board probably ac"uired this land for a site to drill a well sometime in the future but in the event that the land is not used by the 3o-•rd of Water Commissioners within a twenty year period the land can then be sold by the city. • • • 402 At a previous meeting, Mr. Banister of the Banister Engineering Company was asked to give a report on the estimated cost to construct a relief sewer in the downtown area. Mr. Banister was not present at this meeting. The city clerk was directed to arrange for seven dinner reservations in con- nection with the regional meeting of the League of Minnesota Municipalities to be held to Mendota Heights on October 9, 1961 at 6:30 F.M. COMMITTEE REPORTS Councilman Charlsen 1. Suggested that Mr. Charles Heitmiller be retained as an assistant to the city engineer for an indefinite period because Mr. Jack Shelton who was assisting the engineer spends most of his time at the sewage treatment works and the city engineer has agreed to do all inspection of projects now under way and in the future. This inspection work and preparation of plans has been done by the Banister Engineering Company over a period of time. 2. Reported that the Everett Street bridge 1s 1n bad condition and In- quired how the council members felt about repairing same at this time. Mayor Madsen stated that in his opinion, the gulley should be filled and the bridge abandoned. The city engineer agreed with the mayor. 3. Suggested that a new system be adopted to record time worked by city employees. He felt much time was being wasted under the present system of keep- ing time and preparing payrolls. He felt that timeclocks would probably be the answer. On motion of Councilman Simonet, seconded by Councilman Simpson, it was decided to purchase two time clocks, one to be installed in the City Hall and used by all city employees and one at the sewage treatment plant to be used by persons working at said plant. 4. Suggested that no parking signs be.installed along Sixth Street be- tween Myrtle and Olive Streets because the street 1s narrow and parking cars along the street in this area creates a hazardous traffic condition. Councilman Simpson 1. Reported that Mr. James Frawley, member of St. Joseph's Wisconsin Township Board, Informed him that the city must remove the gate across the road leading to the American Legion Beach because the township will not re- ceive state aid from Wisconsin for the purpose of maintaining said road. Councilman Simpson also explained that he had reached an agreement with Mr. Frawley to the effect that our city engineer contact the Wisconsin Highway Department and request permission to use the present gate because it would discourage vandalism at the bathing beach. 2. Reported that he has visited with Mr. Matt Hooley and explained to him that the city cannot pay the electric bill in connection with street lights now on property leased by Mr. Hooley from the railroad company, said property being used for private parking purposes. He informed Mr. Hooley that it will be necessary to discontinue three lights in the area. 3. Suggested that the council consider acquiring about twenty-six acres of land located directly north of the present golf course owned by a Mr. Callies. He felt the land would be suitable for future park purposes. Mayor Madsen suggested that this matter be referred to the planning commission. 4. Received a request for a street light at the intersection of Fine and Brick Streets but he would not recommend the installation of a light at this time because It is difficult to justify this expenditure because the light would only serve one house in the area. Councilman Tennant 1. Bathing beaches will be closed this weekend. Councilman Simonet 1. Mrs. Chester 'Wilson had contacted him in regard to a co-operative li- brary involving the city, the county and certain other governmental subdivisions. ..r • • • 403 • • NEW BUSINESS On motion of Councilman Charlsen, seconded by Councilman Simpson, it was decided to pay Jacob Jackson and Son in the amount of 4153.40 which rep- resents cost to reconstruct a sidewalk on North Fourth Street, said side- walk abutts property used by the water department. (Water Board refuses to pay bill, work ordered by the city engineer.) On motion of Councilman Tennant, seconded by Councilman Simpson, Gerald Ulrich, 920 West Fine Street, was appointed an auxiliary fireman, (Recommended by the fire chief.) On motion of Councilman Charlsen, seconded by Councilman Tennant, the following persons were granted permission to pay local improvement assess- ments in ten annual installments, the first installment was not made within the required time, therefore, it was necessary that the council act upon ` the requests to comply with section 245 of the City Charter: P. 0. Edwlns, seal coating #30-1960, South 25 feet of lot 12, block 1, lot 10, part of lot 12, block 1, Greeley and Slaughter's Addition: Mrs. James A. Fruehling, project #23-1960, lots 5 and 6, block 1, Sinclair's Addition, Maurice Montbriand, project #30-1960, lots 1, 2, 3, 4, block 2, Webster's Addition. On motion of Councilman Charlsen, seconded by Councilman Simpson, the following assessments were cancelled: (1) Lots 7, 8, block 10, Churchill, Nelson and Slaughter's Addition, sewer assessment 4100.00, sewer rental $5.00, this property was recently connected to the sewer system but the original survey shows property was connected when survey was made. (2) Lots 13, 14, block 5, except South 46.7 feet of 14, Sabin's Addition, pre- sent owner, Donald Lein, sewer assessment $95.00, sewer rental, 420.00. This property Is not connected to the sewer system but Mr. Lein did sign the original survey sheet indicating that the property was connected to the sewer system. $5.00 _f the sewer assessment was certified and will be collected with taxes during year 1961. (3) Error in assessment roll covering local Improvement #30-1960, seal coating, property owned by Virgil 0. and Beverly C. Bartz, 1917 North Second Street, Improvement does not abutt their property, assessment amount to $40.78, (Hazel Street, lot 6, except south 2 feet of west 6o feet of block 48, Car11 and Schulenburg's kdd1tion.) On motion of Councilman Tennant, seconded by Councilman Charlsen, the following insurance binder was apprc>ed and ordered filed: 457,600.00 lift station, Lowell Park; $57,600.00 lift station, Aiple Marine, 4306,400.00 sewage disposal station; 456,000.00 two filter tanks, $28, 000.00 each. 47,000.00 contents, disposal station, fire, extended cov- erage, vandalism and malicious mischief, 80% co-insurance, binder #1, for period from August 7 to September 7, 1961, binder #2, for a period from September 7, 1961 to October 7, 1961. On motion of Councilman Tennant, seconded by Councilman Simpson, the fol- lowing amendment to fire protection contract was approved and the mayor and clerk were authorized and directed to sign same. Township of Stillwater, 4290.00 for a period from September 12, 1961, to December 31, 1961 (city will provide two units of motorized fire fighting apparatus, one of which shall be a water transport) Mr. Art Mosby representing the Lystad Exterminating Company, appeared before the council and reported that during the past year 1,500 pounds of mild bait has been set throughout the city and as a result rats have been kept under control. Stated that he has received $105.00 per month for his services and offered to continue the service for 475.00 per month. On motion of Councilman Tennant, secon:ed by Councilman Charlsen, it was decided to continue the rodent control program and authorize a payment of $75.00 per month for the service. On motion of Councilman Tennant, seconded by Councilman Charlsen, bond issued by the Hartford Accident and Indemnity Company in the amount of 45,000.00 covering Roy Moelter and Harvey Moelter dba Moelter Construction Company was approved and ordered filed. (Make excavation in the streets, alleys and public grounds of the city.) On motion of Councilman Charlsen, seconded by Councilman Tennant, the fol- lowing insurance policies were approved and ordered filed: (1) Issued by Great American Insurance Company, policy #1-64-41-30 covering one story unapproved roof frame building used for club meetings, situated in block 47, Carll _Ind Schulenburg's Addition, n.gclnst fire, lightning and extended coverage In the amount of 42,500.00. (2) Issued by Equitable Fire and Marine Insurance Company, policy #D 971393 covering city owned buildings against fire, lightning and ex- tended coverage in the amount of $42,100.00. • • • • On motion of Councilman Tennant, seconded by Councilman Simpson, the building inspector's report covering activities during the month of August, 1961 was approved and ordered tiled. Dr. Blodgett, Director of Civil Defense, City of Stillwater, and Mr. Thomas Curtis, Jr. appeared before the council and susuggested start theecthe ouncil look Into the matter of utilizing caves owned by throughout the city for civil defense purposes known as fall -out shelters. Mr. Curtis stated that caves owned by him would accommodate all children now limits nd hat he matioenrolled on to theoSuperintendent ofls within they Schools aMr.Campbell t as passed this Snfor- n cho Councilman Charlsen stated that the State Department of Civil Defense is not interested In caves for fall -out shelters and have abandoned naves in St. Paul being used as possible fall -out shelters. Mayor Madsen suggested that the matter of using caves for fall -out shelters should be investigated. Councilman Tennant suggested that the director of civil defense contact the state office in regard to this matter. On motion of Councilman Charlsen, seconded by Councilman Tennant, the City Clerk -Treasurer was authorized and directed to refund $60.00 each to the fol- 1958nand wasitolbeiused fors themon purposey wase of maintaining a base cradio l station ear in the Stillwater Fire Department,d station tationrtofserve erve1the heffollowing gemuni- cipalities. wit Otto municipal,CountyThe dare con- sulted said wmoney hunder l thedirectionoflities and hMr. Grafunder. act as agent and legaldauthority todisbursesametimes andabout citythis attorneyand thens was suggestedunable that find money be refunded to the municipalities: (1) Village of Hugo - deposited 2-5-58, $60.00. (3)villareuofyForestLine Fire LakeDepartment - - deposited 2 13-58,poite$60.008 $60.00 (4) V.'lage of Bayport - deposited 2-24-58, $60.00 (5) Vi1s-ge of St. Paul Park - deposited 4-3-58 $60.00 (6) Village of Mahtomedi - deposited 4-10-58, $60.00 (7) Village of Willernie - deposited 4-11-58, $60.00 ORDINANCES The city clerk suggested that the council consider amending ordinance No. 328 so for itawillndprovide othathat ttthe ehbbuilding grinspector will issue all permits, collect y RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the payment of bills. 2. Authorizing sale and conveyance of real estate. (Evelyn Ilia) 3. Confirming appointment of acting chief of police and fixing compensation. (Alfred aoepke) 4. Confirming appointment of Chief of Police. (Eldon C. Sanders) 5. Appointing deputy city clerk and treasurer. (Grace M. Thompson) 6. Acceptingwork uer contract ( workeun erncontractnfor ormgrading and surfacing of South Fourth y) 7. Authorizing payment to contractor project #1-Sewer Improvement #1-1959. (Acton Construction Company) 8. Setting time for filing petitions for public Improvements. (November 1, 1961 and each year thereafter on November 1st.) 9, Adjusting compensation of police officers. 10. Fixing compensation of city attorney. an water ont- 11. goeryl Construction Company,i Sectionsw 1randd 2; Barbaroimprovements. Sons,N Inc., Section 3•> 0,4 • • 405 • • ADJOURNMENT On motion of Councilman Cherleen, sertuded by Councilman Simonet, the meet- ing adjourned at 12:03 A.M. Attest: City C16rk Council Chamber Stillwater, Minnesota September 15, 1961 4:00 P.M. Special meeting The meeting was calledto order by President Madsen Present: Councilmen Charlsen, Simonet, Simpson, Tennant and President Madsen. Absent: None Also present was Chief of Pollee Sanders and Mrs. Sanders. Mayor Madsen stated this meeting was called for the purpose of informing the council members of an unfortunate situation which had arisen this afternoon. He stated that Mr. Scott, Public Examiner for the State of Minnesota, had called him and informed him that a warrant of arrest for Mr. Eldon Sanders, newly appointed chief of police for Stillwater, has been issued by the county attorney of Morrison County, that the warrant was issued pursuant to MSA 620.01 "'Public officials misappropriation or falsification of accounts," and the public examiner was the complaining witness. The mayor stated that from reports received this afternoon, the charge against Mr. Sanders was based on funds under his control during the period he served as chief of police of Little Falls, Minnesota. The mayor felt that the only choice he had in the matter at this time was to suspend Mr. Sanders for an indefinite period of time, pending the disposition of the charge brought against Mr. Sanders. RESOLUTIONS The following resolution was read and was on roll call unanimously adopted. 1. Suspending chief of police and confirming appointment of acting chief of police. ADJ0U3NMENT On motion of Councilman Charlsen, seconded by Councilman Simpson, the meeting adjourned at 5:30 F.M. Attest: City Clerk Mayor • 406 Council Chamber P Stillwater, Minnesota September 25, 1961 4:30 P.M. Special meeting The meeting was called to order by kresident Madsen Present: Councilmen Charlsen, Simonet, Simpson, Tennant and President Madsen Absent: None Also present Mr. Ozzie Springsted of Springsted and Moody, bond consultants. COMMUNICATIONS From J. W. Alexander, which read as follows: "It is requested that I be per- mitted to establish a printing business in the basement of the home now owned by Mrs. Wilfred Arcand and located at Fourth and Laurel, northwest corner. This location is presently occupied by a general contractor as It was pre- viously. My equipment consists of one 17 x 22 inch off -set press, one 10 x 15 off -set press, one 10 x 15 letter press, one Kenro vertical 18 inch camera, one 30 inch paper cutter, one 20 x 26 inch folder, one 6 station stapling machine, and miscellaneous tables and equipment necessary for off -set printing. Presses are of the rotary (drum) type and there 1s a minimum of noise when they are operating. It is doubtful if they could be heard by anyone not In the house or on the property. All equipment is new or comparatively new. Present plans call for one full time employee starting December 1 and four additional employees on Mondays and Tuesdays to assemble printed booklets. If employees should use cars to come to work there will be ample parking space on the premises, therefore, there will be no parking on the streets around the property. There will be no noticeable increase in traffic normal to a residential area as more than 95% of work will be called for and delivered In a regular car or In a station wagon. Paper delivery will also be made this way with rare excep- tions such as the printing of a job requiring more than five tons of japer. There will be nothing stored outside the present confines of the building and the surrounding yard will be a normal neighborhood yard at all times. It is my Intentions to take an option on the purchase of this house with thene inten- tions of buying within one year. If granted a permit to operate a business at this location, I intend to move my equipment into the building and commence operations on or before the 1st of October." Mr. Alexander also presented the following petition "To Whom It May Concern, I have been advised of the fact that kr. J. W. Alexander desires to move the printing company Inter -state Color Press into the location at Fourth S;,reet and Laurel, now occupied by the business of a general contractor and formal- ly occupied by Wilfred Arcand, a general contractor. I also have been advised that he Intends to take an option on the purchase of this property with the intention of buying within one year. Mr. Alexander has explained to me the nature of his business and what it will involve and I have read the letter which he is submitting to the city council. I wish to state that I have no objection to the location of his business at this location which is in close proximity to where I reside. I wish further to state that I would prefer the establishment of this business to the possibility of there being another gen- eral contractor coming in who may not keep the premises up as did Mr. Arcand." The following persons signed the foregoing petition: Mrs. J. S. Klund, 605 North Fourth Street William Skramstad, 604 North Fourth Street L. Pfiefer, 515 North Fourth Street John D. Kempf, 218 West Laurel Street Mrs. William Glennon, 215 West Laurel Street Mrs. Dorothy Hoffbeck, 222 West Laurel Street Mrs. John Lindell, 204 West Cherry Street Dr. Duane S. Nelson, 503 North Fourth Street The city clerk then read part of a letter addressed to Mayor Madsen from A. D. Hagen, Chairman of the Planning and Zoning Commission." Inter -state Color Press to operate a print shop at Fourth and Laurel in residence occupied by Arcand Cabinet Shop, based on our interpretation of sound planning principles for the good of the community as a whole in the years to come, we recommend that this request be denied." The council members suggested that Mr. Alexander contact members of the plan- ning commission and inform them about the foregoing petition. w- I • • • • • 407 • • "EW BUSINESS On motion of Councilman Tennant, seconded by Councilman Simpson, the city clerk was directed to request a written opinion from the city attorney on all aspects of equipment rental by the city. The city clerk Informed the council members about the possibility of a special election on November 7, 1961 in regard to bond issue to connection with proposed new Court House. He stated that he did request an opinion from the city attorney about the possibility of submitting amendments to the charter in the event the election Is held on November 7, 1961. Fol- lowing is the opinion submitted by the city attorney: "Answering your question concerning the possibility of submitting amendments to the city charter at a special election November 7, 1961, it appears that the for- mer requirement of publication for four successive weeks 1s no longer applicable to the City of Stillwater, consequently, should the charter commission propose amendments in sufficient time to enable the council to call a special election for that date and to permit appointment of judges, preparation of ballots and publication of two weeks notice, it is conceivable that such an election could be held on the date mentioned. Incidentally, for your information, and Information of Councilman Tennant, the terms of office of the present charter commission members will expire on March 29, 1962." The clerk suggested two amendments to the present charter. (1) Amend Section 247, extending time from ten years to 30 years to which to pay certain local Improvement assessments. (2) Amend Section 124, extending time from ten days to fifteen or twenty days for publication of resolutions after their passage. The council members agreed with the clerk but sug- gested that the matter of combining the water department with regular city activities and functions, should also be considered again. The clerk stated that he would contact Mr. Lyle Eckberg, Chairman of the Charter Commission, in regard to these matters. RESOLUTIONS The City Clerk.presented to:the Council a_preposed fora ofenotice of sale of $163,000.00 Improvement Bonds of 1961 to be dated as of November 1, 1961, and to be Issued for the purpose of local improvements instituted in accordance with the Charter and in accordance with Minnesota Statutes, Chapter 429. Said form of notice was examined and considered by the Council, L,e and the Clerk was directed to file a copy thereof in his office as a part of the minutes of this meeting. Charlsen then introduced Resolution No. 2338, entitled "Resolution Provid- ing for Public Sale of $163,000.00 Improvement Bonds of 1961." Tennant seconded the motion, and upon vote being taken thereon, the members present voted as follows: YES: 5 NO: 0 whereupon said resolution was declared duly carried and adopted. ADJOURNMENT On motion of Councilman Tennant, seconded by Councilman Simpson, meeting adjourned at 6:00 P.M. Attest: aaan_,ag„, Mayor City Clerk • • 408- Council Chamber October 10, 1961 7:30 P.M. Stillwater, Minnesota Regular meeting The meeting was called to order by President Madsen Opening prayer by the City Clerk Present: Councilmen Charlsen, Simonet, Simpson, Tennant and President Madsen Absent: None On motion of Councilman Tennant, seconded by Councilman Charlsen, minutes of the following meetings were approved: Special meeting Special adjourned meeting Regular meeting Special meeting Special meeting APPLICATIONS None COMMUNICATIONS September 6, 1961 September 6, 1961 September 12,1961 September 15,1961 September 25,1961 2:30 P.M. 5:30 P.M. 7:30 P.M. 1}:00 P.M. 4:30 P.M. From R. D. Hagen, Chairman of the Planning and Zoning Commission, reporting on action taken by the commission at a meeting held on September 27, 19o1. From Mrs. Mary Plourde requesting a non -conforming permit to build a garage at 316 West Willard Street. On motion of Councilman Charlsen, seconded by Councilman Simpson, a permit was granted, said permit covering plans as presented by Mrs. Plourde. From the State of Minnesota, Document Section, in regard to laws of Minnesota, 1961 including extra sessions. From Governor Andersen, addressed to Mayor Madsen, announcing that the City of Stillwater has received national recognition for its excellent record of no pe- destrian deaths in the year 1960. From Dr. Elizabeth Brochman requesting a non -conforming permit to operate a chiro- practic office at the corner of Fourth and Wilkin Streets, formerly occupied and known as the Thompson grocery store. 0n motion of Councilman Tennant, seconded by Councilman Simpson, the matter was re- ferred to the Planning and Zoning Commission. From the Employers Group Insurance Companies reporting on inspection of boilers at the fire station and Public Library. From James L. Douville, city attorney, in regard to sewer assessment in the amount of $100.00 and accumulated sewer revenue charges amounting to $29.96 which have not been paid by Fred W. Zantow who resides outside the city limits. (Opinion re- quested by the city clerk). On motion of Councilman Tennant, seconded by Councilman Simpson, the clerk was in- structed to contact Mr.Zantow and inform him that the council demands payment of the foregoing charges within thirty days after receipt of the clerk's notice and should he fail to make said payments, the city engineer will be instructed to dis- connect his sewer line from the city sewer system. From D. D. Wozniak, state representative, in regard to municipality share of state liquor and cigarette taxes. From Eugene A. T. Luebker, addressed to Councilman Simonet, in which he states that his dog was picked up and destroyed by Patrolman Gast. Mayor Madsen stated that he is presently investigating this matter and will contact Mr. Luebker in the very near future. From Mr. Hugh Schoephoerster, 2014 West Hickory Street, requesting a non -conforming permit to build an unattached garage. On motion of Councilman Charlsen, seconded by Councilman Simonet, a permit was granted subject to the approval of the Planning and Zoning Commission. From Governor Andersen in retard to conference on Metropolitan problems to be held on October 17, 18, 19, 1961, in the State Capitol. rw+ • a 1.4 n 1 • • w 409 • • Prom a Somerset, Wisconsin citizen in regard to the railroad crossing at the ap- proach of the Inter -state bridge. From the Northern States Power Company in regard to revised rate schedule for elec- tric service for sewage pumping stations. From R. D. Hagen, Chairman of the Planning and Zoning Commission, dated October 10, r" 1961. PETITIONS A petition signed by Donald R. Anderson and Robert V. Anderson requesting street lighting between West Myrtle Street and West Linden Street. Mayor Madsen referred this matter to Councilman Simpson. DELEGATIONS OR INDIVIDUATE None UNFINISHED BUSINESS Or motion of Councilman Simpson, seconded by Councilman Charlsen, it was decided to renew the insurance binder covering the lift station in Lowell Park in the amount of 057,600.00, lift station at Aiple-Marine 057,600.00, sewage disposal stationstation, 070,000.00.O,The two binderfilter was ordered renewedand forcontents periodt of thirty the disposal thirtydays. The city attorney reported that he has not received an opinion from the attorney general in regard to a cooperative library involving the city, county and certain municipalities. The clerk read part of the Recreation Commission minutes in connection with request from American Legion for 0100.00 donation to pay part of the Legion baseball pro- gram for the year 1961. The city engineer reported that the waterline leading to the Wallace Carlson resi- dence has been lowered as requested and that he has received no further complaints. The building inspector stated that he has received a complaint from Mr. Carlson about the low water pressure. At a previous meeting of the council, the city attorney was instructed to render a written opinion on all aspects of equipment rental. The city attorney stated that it is almost impossible to render such an opinion .but he informed the council members that it is not necessary to advertise for bids if the council enters into a bona fide rental agreement but he felt that any ar- rangement whereby the rental payment would apply to the purchase of equipment in excess of 01,000 would probably be considered an illegal act. On motion of Councilman Charlsen, seconded by Councilman Simonet, a non -conforming permit was granted to the Inter -State Color Press to operate a print shop. at Fourth and Laurel Streets. (Arcand property). Councilman Charlsen, Simonet and President Madsen voted in favor of granting said permit and Councilman Simpson and Tennant voted NO and were opposed to the grant- ing of the permit to the Inter -State Color Press. On motion of Councilman Simonet, seconded by Councilman Charlsen, a non -conforming pemit was d a age side asr rrecommended byd the Planning to Merrill RCommission, napp to lletter rdated nSeptember t2a, 1961of dence, (Garage on side lot with front of garage to be in line with front line of main house, not the porch.) COMMITTEE REPORTS Councilman Charlsen 1. Suggested that the Council advertise for bids on sewer cleaning equipment. 2. According to the city engineer, it would cost about 'j16,000.00 to remove the present Everett Street bridge and replace sane with earth fill and relocate and Install water and sewer lines and lay new sidewalks. 3. Survey and report of street work to be done during the year 1962 will be pre- sented at the November meeting of the council. kw/ • • • • 410 Councilman Simpson 1. Request for street light on Echo Lane has been taken care of. 2. Mr. Matt Hooley has agreed to pay the city $35O.00 per year for lights in the private parking lot adjacent to the Hooley Super Market located at Myrtle and Water Streets. 3. Park Board and Recreation Commission will split cost of black topping Staple's Field. 4. Offices on the second floor of the City Hall should be painted sometime in the near future. Councilman Tennant 1. Inquired what is involved in deputizing Mr. Patten who is the Recreation Di- rector. Acting Chief of Police Roepke suggested that Mr. Fatten be named a special police. 2. Suggested that stop signs be installed on all streets entering Greeley Street. He felt Greeley Street should be a through street. The city engineer suggested that this matter be tabled until the Planning Com- mission presents its final report. 3. Inquired about progress in connection with work supporting the floor at the fire station. The city engineer informed him work will be completed in the near future. 4. Working on revised plans and rules and will present wage adjustment schedule covering fire department employees in the near future. Mayor Madsen 1. Reminded the Acting Chief of Police to have no parking residential signs in- stalled along the west side of South Sixth Street between Myrtle and 011ve Streets. 2. Suggested that the building inspector include permit fees paid and receipt num- ber on his monthly report to the city council. HEW BUSINESS The clerk reported that the Charter Commission met on October 2, 1961 and dis- cussed Novemberthe 7,matter atfwhichitime thethe CfourtoHouse bondamendments electiontwillibe held: on 1. Extend time for paying local improvement assessments from ten to thirty years. 2. Extend time for publication of resolutions after passage from ten to fifteen days. 3. Abolish Board of Water Commissioners and place the control and management of the waterworks system and water plant of the city under absolute and exclusive jurisdiction of the city council. 4. Validate ballots of elector who votes for persons in number less than the number of persons to be nominated or elected to particular office and eliminate archaic provision requiring separate ballots for female voters. 5. Authorize employment of assistant or special counsel in the event of absence or disability of the city attorney or in the event of an unusual press of business or special or unusual circumstances. The Charter Commission members agreed that the foregoing proposed amendments should be submitted to the electorate at some future date but were of the opinion that if any amendments were submitted on November 7, 1961, it might have an ad- verse effect on the Court House bond election. The city clerk reminded the council members that the present fire protection con- tracts will expire on December 31, 1961. Mayor Madsen suggested that Councilman Tennant and the Fire Chief report on this matter at the next meeting of the council. The city clerk suggested that the council consider the matter of advertising for road tar for use on city streets duri Y the 1962 season. ti iC et • • • • 411 • On motion of Councilman Charlsen, seconded by Councilman Simpson, endorsement to insurance policy No.41C 529 198 changing advance premium from )8,515.80 to w5,815.S0 was approved and ordered filed. On motion of Councilmen Tennant, seconded by Councilman Simpson, the following sewer rental charges were fixed for the year 1961: 1 2 6 7 Mocassin State Distributing Co., Ben Sense Swager Bros. Gale Waterman Herbert Berger Mrs. Agnes Carlson Ludwig wahlquist 125 North Main Street, 811 South Fifth Street 1002 South Sixth Street 722 South Seventh Street 416 South Grove Street 702 North Martha Street 1218 North William Street w10.00 5.00 5.00 5.00 5.00 5.00 5.00 On motion of Councilman Tennant, seconded by Councilman Simpson, the following persons were appointed to act as judges of election at the Special Court House I. ., bond election to be held on November 7, 19o1: First Ward - First Precinct Mae Schrade Otto C. Bieging Rose G. Yerka Nell Deragisch 1311 South Second Street 711 South First Street 910 1South SSecod Street Fst 322outhirStreet First Ward - Second Precinct T. M. Harrington Lillian Kutz Ella Adkins Martha Tonskemper 1342 South Third Street 705 South Holcombe Street 513 South Fifth Street 322 West Churchill Street Second Ward - First Precinct Ethel S. Biorn 516 West Myrtle Street Mrs. L. 0. Lagerstedt 121 North Martha Street Winnie Underhill 201 North Martha Street Mrs. G.M.Johnson 207 North Martha Street Second Ward - Second Precinct Myrna Wihren Verna G. Johnson Mae Olson Pearl Paulson 106 North Greeley Street 1018 West Myrtle Street 111 North Owen Street 232 North Martha Street Third Ward - First Precinct Lena Janilla Leora 2oller Edna Kress Donna. Carlson 314 West Hickory Street 301 West Stillwater Avenue 211 West Stillwater Avenue 416 West Hickory Street Third 17ard - Second Precinct Bessie Mitchell Florence Hall Esther Magnuson Evelyn Gilsoul 703 North Fourth Street 113 West Laurel Street 607 West Maple Street 519 West Laurel Street The city clerk reported that Mrs. Aurilla Atwood had called him on September 30, 1961 and threatened to sue the city if the storm drain problem is not corrected in the near future. On motion of Councilman Tennant, seconded by Councilman Charlsen, the following persons were granted permission to pay local improvement assessments in install- ments. The first installment was not made within the required time, therefore, it was necessary that the council act upon the request to comply with Section 245 of the City Charter. 1. Swager Bros., Improvement No. 23-1960 Lot 12, Block 2, Re -arrangement of Radle's Sunnyslope Lot 1, Block 1, Radle's Sunnyslope Addition Lots 1 and 2, Block 1, Re -arrangement of 'ladle's Sunnyslope Lot 46, Block 1, Re -arrangement of Radle's Sunnyslope Addi- tion. 2. David Thomas, Improvement No. 23-1960 Lots 7, 8 and 9, Bieck 14, Sabin's Addition 3. Webster, Improvement No. 30-1960 Lots 17 and 18, Block 12, Churchill, Nelson and Slaughter's Addition. Mrs. Theodore • • e 412 • 1--� is n m. IF. Bruce Bergen, Improvement No. 23-1960 Lot 1, Block Di, Sabin's Addition 5. James Schultz, Improvement No. 30-1960 East 75 feet of South 150 feet of Block 7, Original City. On motion of Councilman Tennant, seconded by Councilman Simpson, the following official bonds covering Lester R. Brower were approved and ordered filed: 1) For position of city clerk and city treasurer for the term beginning October 1, 1961 in the amount of 025,000.00. (Clerk suggested that bond for this position be increased from 010,000.00 to $25,000.00 due to increased volume of business. 2) For position of clerk of Municipal and Conciliation Court for the term begin- ning October 1, 1961 in the amount of $2,500.00. On motion of Councilman Tennant, seconded by Councilman Simpson, the building in- spector's report covering activities during the month of September. 1961 was ap- proved and ordered filed. 0n motion of Councilman Charlsen, seconded by Councilman Simonet, the city clerk was authorized to purchase a new National automatic adding machine. The matter of advertising for bids on a new police car was discussed. Mr. Doerr, the city's mechanic, informed the council members that one of the cars has 100,000 miles registered on the speedometer and he also suggested that the council purchase an eight cylinder car in preference to a six cylinder. The mayor suggested that the specifications be drawn for a new police car and pre- sented at the next meeting of the council. Several insurance agents doing business in the city appeared before the council and Mr. Maynard Nelson acted as spokesman for the group. He stated that he was in- formed that the council plans to advertise for bids on insurance coverage in the future. He explained that his company has handled the insurance program for the city for many years and that premiums were split amongst six agents who maintain an office in the city. The councilmen inquired of Mr. Nelson if an institutional policy covering all city property would cost less than the present arrangement. Mr. Nelson stated that it would be necessary to get a complete new appraisal of all city property which would cost a considerable sum of money and also not advisable at this time because insur- ance policies are arranged so that one -fifth of the total premium becomes due over five year periods so the city can budget the insurance program and the city would lose money on short term cancellation. Councilman Charlsen stated that to the best of his knowledge, insurance men have not appeared before the council at any time since he has been in office and felt that if the insurance men would have suggested writing an institutional policy the city would have saved about 30% on premiums paid. The council decided to postpone action on this matter for a period of thirty days to give the insurance agents an opportunity to meet with the council in regard to the insurance program. On motion of Councilman Charlsen, seconded by Councilman Tennant, it was decided to deny the Douglas Wahlquist request for a special permit to build a double garage with full basement and tunnel to house basement to carry on cabinet work business out of his home. (Councilman Simpson did not vote on this matter.) ORDINANCES None RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the payment of bills. 2. Approving employment of fire department dispatcher. (Milton L.Patten) 3. Confirming appointment of police officer. (Reuben Jacobson -meter maintenance) L. Designating full time police officers and fire fighbasand specifying duties. 5. Confirming appointment of police officer. (Robert Shopbell). 6. Fixing compensation of Acting Chief of Police. (Alfred Roepke). .m twirl • • • • 413 • • ADJOURNMENT On motion of Councilman Tennant, seconded by Councilman Simonet, meeting adjourned at 11:20 P.M. Mayor Attest: fat, October 16, 1961 4:3o P.M. Council Chamber Stillwater, Minnesota Special meeting The meeting was called to order by President Madsen Present: Councilmen Charlsen, Simonet, Simpson, Tennant and President Madsen Absent: None NEW BUSINESS open This was the day and time set to receive,fnd consider sealed bids for sale of 4163,000.00 Local Improvement Bonds of 1961. The city clerk read the notice of the bond sale aloud. The Mayor then inquired if the notice of bond sale was duly published end the clerk informed him that the notice was duly published in the Stillwater Evening Gazette, the official newspaper of the city on October 2, 1961 and in Commercial West of September 30, 1961. The following bids were then opened and read aloud: 1. Barcus, Kindred and Company, 231 South LaSalle Street, Chicago 4, Illinois Net interest cost, 650,858.00 3 40643% Net interest rate 2. Allison - Williams Company, Minneapolis, Minnesota Net interest cost, 448,800.00 3.26895 Net interest rate 3. American National Bank, St. Paul, Minnesota Not interest cost, 450,881.33 3 407$ Net interest rate Northwestern National Bank, Minneapolis, Minnesota 4• Net interest cost, .48,988.00 3.28117% Net interest rate 5. First American National Bank of Duluth, Duluth, Minnesota Net interest rate, ;.8,522.50 3.25% Net interest rate 6, The First National Bank of St. Paul, S t.Paul, Minnesota Net interest cost, 449,633.90 3.3241E Net interest rate • 414 • • 7. E. J. Prescott and Company, Minneapolis, Minnesota CS Net interest cost, A9,566.33 ~" Not interest rate 3.3212% sm 8. Paine, Webber, Jackson and Curtis, Minneapolis, Minnesota Net interest cost, 651,033.00 Net interest rate 3.4181% 9. Woodard - Elwood and Company, 1115 First National Bank Bldg., Minneapolis 2, Minnesota Net interest cost, 652,322.00 Net interest rate 3.50448% The bids were then analyzed and tabulated by Mr. Osmond Springsted of Spring- sted and Moody, the city's bond consultants and j'r. Springsted informed the council members that the bid submitted by the First American National Bank of Duluth, Minnesota, was the low bid and recommended the acceptance of said bid at this time. The city clerk informed the council members that Mr. Cotter, District Manager, for National Cash Register Company has agreed to cancel the contract covering purchase of a remittance control register in the amount of $2,929.50. The clerk explained that after careful consideration and study he has come to the conclusion that a model UL-58CD Moore register and Model G cash drawer at a net cost of 6133.70 will give complete receipt control at all times. He sug- gested that the council authorize purchase of the Moore register and cash drawer. On motion of Councilman Tennant, seconded by Councilman Charlsen, the city clerk was authorized to purchase the Moore register and cash drawer. Councilman Charlsen reported that a Mr. Hughes made a demonstration of a time clock which probably would be suitable for use by the city covering certain em- ployees. Cost of the time clock would amount to 6245.00 plus freight and a clock suitable for use at the sewage treatment plant at a cost of 6190.00 plus freight. Councilman Tennant felt that a time clock would probably not give the informa- tion desired by the council and anyone could punch the clock during the absence of employees. Councilman Simpson inquired if the building inspector would be required to punch the clock. Councilman Charlsen said that he did not think so. Be felt the clock would only be used by hourly employees. The matter of requiring each employee of the city to fill out a dailywork sheet was also discussed. The city clerk stated that he was concerned about the people who did not make a first installment on their water and sewer assessments, in some cases amounting to several thousand dollars. He informed the council members that the city char- ter provides that an installment must be made on all assessments within thirty days after the publication of the treasurer's receiptof warrant for the collec- tion of assessments and that property owners must also file a written request to pay assessments in installments. The council members felt that the clerk had no choice but to certify the whole amount of the assessment to the county auditor in cases where first installment was not made within the required thirty days as provided in the city charter. The city clerk informed the council members that Mrs. Donna Swanstrom, former deputy city clerk and deputy city treasurer, returned to Stillwater and worked on October 7 and 8, 1961 to complete unfinished work and he inquired if the council members would be willing to compensate her for the two days work. All members of the council agreed that she should be campensated for the two days. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Councilman Charlsen introduced and moved the adoption of Resolution No.2345 entitled "Resolution Awarding Sale of S163,000.00 Local Improvement Bonds of 1961." Councilman Simpson seconded the motion for adoption of said resolution and upon vote being taken thereon, the following voted YES: Mayor Madsen and Council- men Charlsen, Simpson, Simonet and Tennant and the following voted NO: None, where- upon said resolution was declared duly passed and adopted and was signed by the mayor, attested by the city clerk and ordered to be published. • • a r 41.5 r. Let at 6:30 P.M. Attest: ity Clerk The clerk then presented a proposed bond and coupon form for the printing of the 0163,000 Local Improvement Bonds of 1961 now duly sold which form was examined by the council, approved and ordered placed on file in the office of the city clerk. 2. Councilman Charlsen then introduced and moved the adoption of Resolution No. 2346 entitled "Resolution authorizing issuance of .0163,000 Local Improvement Bonds of 1961 creating a Sinking Fund for 1961 water and sewer improvements and providing for levy of taxes and special assessments for payment of said bonds." Councilman Simpson seconded the motion for the adoption of said resolution and upon vote being taken thereon, the following voted YES: Mayor Madsen, Councilmen Charism, Simpson, Simonet and Tennant and the following voted NO- None, whereupon said re- solution was declared duly passed and adopted, was signed by the Mayor, attested by the clerk and ordered to be published. 3. Ratifying authorized leave of absence. (Robert V. Bonze, Assistant Police Chief) 4. Continuing employment. (Reynold Wert, temporary fireman) 5. Fixing compensation for special police duty. ( Auxiliary police -Youth Center) 6. Providing for time and place of regular meeting. ADJOURNMENT On motion of Councilman Charlsen, seconded by Councilman Simpson, meeting adjourned Mayor Council Chamber November 7, 1961 7:30 P.M. Stillwater, Minnesota Special meeting The meeting was called to order by President Madsen Present: Councilmen Charlsen, Simonet, Simpson, Tennant and President Madsen. Absent: None This was the day and time set for hearing on petition to vacate part of Borup Street. The city clerk read the notice of hearing on petition to vacate part of Borup Street. Mayor Madsen then inquired if the notice was duly published. The clerk informed the council members that the notice was duly published in the Stillwater Evening Gazette, the official newspaper of the city, on September 21, 28, October 5, 12, 1961. Mayor Madsen then inquired if there was anyone present who was opposed to the va- cation of a part of Borup Street. Hearing no objections, the Mayor then closed the hearing. On motion of Councilman Simpson, seconded by Councilman Tennant, meeting adjourned at 8:00 P.M. Attest: City Clerk Mayor 4 • • 416(' . Council Chamber Stillwater, Minnesota November 8, 1961 7:30 P.M. Regular meeting The meeting was called to order by President Madsen Opening prayer by the city clerk Present: Councilmen Charlsen, Simonet, Simpson, Tennant and President Madsen Absent: lone APPLICATIONS On motion of Councilman Simpson, seconded by Councilman Tennant, an "On Sale" 3.2 beer license was granted to Donald F. Mosimen and Glen R. Karloske, 317 - South Main Street. Applications from James L. Gardner, Brown's Creek Inn, for "On" and "off" sale 3.2 beer licenses were presented but on account of being in the r esidential dis- trict were automatically carried over to the next regular meeting of the council. On motion of Councilman Tennant, seconded by Councilman Simpson, the following licenses were granted to Arnold Tessmer, 1903 Stillwater Avenue, St. Paul, Minne- sota: Operator's license, 025.00, 2 music machine licenses, .G20.00, 6 amusement machine licenses, 030.00. On motion of Councilman Tennant, seconded by Councilman Simpson, the following licenses were granted to George Wohlers, Jr., Operator's license, $25.00, 7 amuse- ment machine licenses, 035.00, 10 music machine licenses, 0100.00. COMMUNICATIONS From James L. Douville, city attorney, in regard to agreement with Hooley Super Markets, Inc., for street lighting in parking area. From Minnesota Association of Planning officials announcing second annual fall meeting to be held on November 17, 1961 at Coffman Memorial Union of University of Minnesota Campus. From James L. Douville, city attorney, in regard to legal necessity of calling for public bids. From Merlin R. Miller, member of the Recreation Commission, requesting that the council accept his resignation due to i11 health. On motion of Councilman Tennant, seconded by Councilman Simpson, his resignation was accepted with regret. From A. V.Gustafson, 426 West Wheelock Parkway, St. Paul, Minnesota, requesting petig Assembly onrmit to South Third rStreet and e into lanheight e sunit apartment obuilding r buildingf God Chch (Plans enclosed). From James L. Douville, city attorney, in r egard to summons served on city clerk on October 26, 1961 in the matter of Bernard G. Harvieux and Eileen M. Harvieux, plaintiffs vs. Lizzie Holmes, et al. From James L. Douville, city attorney, relative to the question concerning the city's contribution to the American Legion Junior baseball program. From R. D. Hagen, Chairman of the Planning and Zoning Commission, in regard to request for non -conforming permits: (1) Hugh Schoephoerster,(2) Dr. Elizabeth Broehman, (3) Assembly of God Church. From Osmond R. Springsted in regard to 0163,000 Local Improvement Bonds of 1961. From the Wisconsin Highway Department in regard to gate on road leading to the American Legion Beach. Mayor Madsen referred this matter to the city attorney. • • • 41.7 • • PETITIONS A petition signed by Mrs. Ruth T. Woodworth, 160 East Curtice Street, St. Paul, Minnesota, requesting water and sewer extensions in 'Host Moore Street. Onmotionof Councilman Simpson, seconded by Councilman Charlsen, the petition was ordered filed and the city engineer was instructed to report on this matter some- time in the near future. A petition to partially vacate South Everett Street was read. On motion of Councilmen Simpson, seconded by Councilman Tennant, the petition was ordered filed and the city clerk was directed to give notice that said petition was filed and that a hearing will he held on same on anuary 9, 1962 at 7:30 P.M. The following petition was read "We, the undersigned,being owners of real property abutting on the streets hereby affected, respectfully petition the city council of the City of Stillwater, Minnesota, that the surface of West Oak Street in said city between Sherburne and Grove Streets and of Center Street in said city between Pine and Olive Streets, be graded and treated with road oil." On motion of Councilman Simpson, seconded by Councilman Simonet, the petition was ordered filed and the city engineer was instructed to prepare specifications and present same early next year. DELEGATIONS 0R INDIVIDUALS None UNFINISHED BUSINESS On notion of Councilman Charlsen, seconded by Councilman Simonet, the specifications as preared by ering a w for use by policepdepartment eActing wereappro approved andtheccity e vclerk was edirected btoethe advertise for bids bn a new automobile for the police department, said bids to be returnable on December 12, 1961 at 7:30 P.M. On motion of Councilman Charlsen, seconded by Councilman Simpson, specifications covering sewer cleaning equipment es prepared by the city engineer were approved and the city e returnable on December clerk was directed o1advertise tfor 3bids on sewer cleaning equipment, bids be .M. The city engineer stated that he will present a report to the council in connection with proposed street improvements during the year 1962. Councilman Tennant stated that he will report any proposed changes in fire protect- ion contracts for the year 1962 at the next meeting of the council. On motion of Councilman. Tennant, seconded by Councilman Simpson,- the city clerk was directed to advertise for bids on approximately 15,000 gallons of MC or R C type cut -back asphalt for the year 1962, said bids to be returnable on December 12, 1961 at 7:30 P.M. COMMITTEE REPORTS Councilman Simpson changes1. d in the ter from schedule the of thePaul TwinArea CityCRapidrof Transitmerce in regard to proposed Company, 2. Reported that windows have been washed and storm windows installed on city owned houses. ws 3. Read a letter from the Planning and Zoning Commission in regard to acquiring property on the east side of Lily Lake. Councilman Tennant 1. Presented proposed salary schedule for firemen. 2. No progress report on the matter of constructing a support in connection with the main floor of the fire department. • • • • • 418 The clerk presented the Standard Workmen's Compensation and Employer's liability policy No. 41 WH 101760 issued by the Hartford Accident and indemnity Company covering the period from November 15, 1961 to November 15, 1962, the estimated annual premium 03,439.27. After considerable discussion, on motion of Councilman Simpson, seconded by Councilman. Te:'nant, the clerk was directed to advertise for bids on compensation insurance, said bids to be returnable on November 21, 1961 at 7:30 P.M. On motion of Councilman Charlsen, seconded by Councilman Tennant, insurance policy No.1M F624163 issued by the Aetna Insurance Group covering 245 parking meters at $60.00 each, against all risks of direct physical loss or damage, was approved and ordered filed for the period from November 6, 1961 to November 6, 1962, premium, S73.50. On motion of Councilman Charlsen, seconded by Councilman Tennant, statement of audit report covering premium adjustment in connection with insurance policy No. 41C 527266 issued by the Hartford Fire Insurance Company Group, was approved and ordered filed. (Auditor Owen Johnson, net premium adjustment, additional $624.28). On motion of Councilman Charlsen, seconded by Councilman Tennant, insurance binder issued by the Universal Sureties of Lincoln, Nebraska against fire and extended coverage to following described property for the period from October 7, 1961 to November 6, 1961 was approved and ordered filed: (1) (2) (4) ) (5) $ 57,600 5 ,600 306,400 56,000 7,000 lift station - Lowell Park lift station - Aiple-Marine sewage disposal station tao filter tanks contents - disposal station On motion of Councilman Charlsen seconded by Councilman Tennant, rider No. 2, part of surety bond No. 23-540-586 was approved and ordered filed. (Increase in bond coverage for Grace Thompson, deputy city clerk and deputy city treasurer from $7,500 to $15,000.) On motion of Councilman Charlsen, seconded by Councilman Tennant, wage assign- ment of David W. Larson and DeLoris J. Larson to Searle R. Sandeen was approved and ordered filed. On motion of Councilman Tennant, seconded by Councilman Charlsen, the following sewer rental charges were fixed and established for the year 1961: (new connections) 1. Mrs. Bertha Schaffer, 217 West Moore Street 2. Lloyd Beaudry, 1514 West Olive Street 3.Wallace Frazier, 2311 Oak Ridge Road 4. Lee Thomas, 420 Laurie Lane 5. Arthur Wienke, 2321 Oak Ridge Road 6. Walter Skyberg, 2303 Oak Ridge Road 7. Archie Parker, 412 Laurie Lane 8. Richard Gimnestad, 409 Laurie Lane 9. Harry Koepke, 511 South Sixth Street 10. Dale Tulgren, Fairmeadows 11. Clarence Polzin, Fairmeadows N5.00 5.Oo 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 The clerk reminded the Mayor that the following terms of office expire on December 31, 1961: Library Board Mrs. W. R. Humphrey, Mrs. Joseph Rosell, Mrs.Henry Van Meier Park Board Karl G. Neumeier On motion of Councilman Charlsen, seconded by Councilman Simpson, the city clerk was directed to advertise for bids on official printing covering the year 1962, bids to be returnable on December 12, 1961 at 7:30 P.M. On motion of Councilman Tennant, seconded by Councilman Charlsen, the building inspector's report covering activities during the month of October, 1961 was ap- proved and ordered filed. The assessment covering the South Fourti Street Improvement was discussed and it was decided to assess property abutting Fourth Street between Willard and Orleans at the rate of $8.00 per foot and property abutting South bo:rth Street between Millard and Pine at the rate of $3.25 per foot. .m• • 1 • • 419 • • Mayor Madsen announced the appointment of Donald Nolde as a member of the Recrea- tion Tennant,�mission to reseconded by Councilmanlace iSimpson,, theresigned, appointmentowasmotion confir ed. Councilman On motion of Councilman Tennant, seconded by Councilman Simonet, the following were appointed auxiliary firemen: 1. Jerome Klawitter 2. Irvine L. London (recommended by Fire Chief) The city clerk suggested that the council cosiderdtheinmatter of atter to be iy each plete y covering all equipment, material and sup_llnr department head and consolidated into one report. On motion of Councilman Tennant, seconded by Councilman Simpson, the assessment roll as prepared by the city engineer covering the sewertensin ordered xtheAin Sixth venu the South, East Burlington and East Marsh Streets, was approved clerk was directed to give notice of hearing on said assessment to be held on De- cember 12, 1961 at 7:30 P.M. Ronald Ehlinger, assistant weed inspector, gave a report on activities during the past year. A group of women known as The Fiomen's Christian Temperance Union appeared before the are smoking cMiss igaretteshanddfeltnthated thescouncilman should dod eted somethingt mabouti this matter. ,..5 Mayor Madsen stated that this is a matter which should be controlled by parents but the council would be willing to check into the matter and see what can be done about it. CIO ORDINANCES None RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the payment of bills. 2. Fixing compensation of election judges. 3. Altering and modifying location of a part of Borup Street in the City of Stillwater, Minnesota. 4. i-stifyig authorized leave of absence. (Robert V. Bonse) 5. Adjusting compensation of firemen and officers. ion 6. Councilman introduced datingd ImprovementsdAuthorizingeIssuance of�356 $163,000 Local Improvement Bonds of 1961 Creating a Sinking Fund Tor 1961 water and sewer improvements and providing for levy eof ltof axeson and special assessments for payment of said bonds, rescinding and up- on teethe ag Simonet seconded the emotion following voted YES: n of said CouncilmenrCharlsen,, Simonet, Si vote being ntaken thereon, Simpson, Tenant and President Madsen and the following voted NO - None. Where- upon said by the dresolution tionkwas asddeclared lared doduly e published. adopted, was signed by the mayor, ADIOBENMENT On motion of Councilman Charlsen, seconded by Councilman Simpson,meeting adjourned to November 21, 1961 at 7:30 P.M. This meeting closed at, n 27 A. Attest: City Clerk Mayor • • • • • • 420 CV Council APPLICATIONS 7:30 P.M. On motion of Councilman Tennant, seconded by Councilman Simonet "Off Sale" liquor licenses were granted to the following for the year 1962, subject to the approval of the State Liquor Control Commissioner. Surety bonds in the amount of 41,000.00 each were also approved. ✓Edward J. Davidson, 231 East Myrtle Street John M. Ertle, 224 South Main Street ✓Glen Karloske and Donald Mosiman, 317 South Main Street ✓William C. Kinsel, 118 East Chestnut Street 'Clare A. E. Meister, 112 North Main Street ✓James P. Thompson, 302-304 South Main Street fleeter Trombly, 226 South Main Street COMMUNICATIONS From R. D. Hagen, Chairman of the Planning and Zoning Commission, in regard to request to remodel Assembly of God Church building located on South Third Street and from Dr. Elizabeth Brochman to use the present store building at Wilkin and Fourth Streets for a chiropractic office. 0n motion of Councilman Charlsen, seconded by Councilman Simonet, a non -conforming permit was approved covering the remodeling of the Assembly of God Church subject to restrictions recommended by a sub -committee of the Planning and Zoning Commission. On motion of Councilman Tennant and seconded by Councilman Charlsen, the request from Dr. Elizabeth Brochman for a non -conforming use permit was denied. From Thoreen, Thoreen and Lawson, attorneys -at -law, in regard to the matter of ad- vertising for bids on insurance carried by the city if the premium exceeds 41,000.00. (Mr.John Thoreen appeared before the council representing various insurance agencies in the city.) Maynard Nelson of the Stillwater- Insurance Agency suggested that the council request an attorney general opinion in regard to t his matter and Mr.Richard Nelson of the Nelson Agency was of the same opinion. The city attorney stated that he has a copy of an attorney general's opinion which was requested by Mr. McGrath, former city attorney, dated 1951. On motion of Councilman Tennant, seconded by Councilman Simpson, the city attorney was instructed to request an attorney general's opinion on the question Must the city council advertise for bids on insurance cnverage if the premium exceeds 31,000?" UNFINISHED BUSINESS This was the day and time set to open bids on Workmen's Compensation and Employers' Liability Insurance. The clerk read the notice for bids. The mayor then inquired if' the notice was duly published and the clerk informed the council members that the notice for bids was published in the Stillwater Evening Gazette, official paper of the city, on November 15th and 17th. The clerk informed the council members that three bids were received and on motion of Councilman Simpson, seconded by Councilman Charlsen, the clerk was directed to open the three bids received. (Councilman Tennant voted NO on this motion.) 1. H. M. Pauley Agency, 117 West Churchill Street, Stillwater, Minnesota, estimated advance premium, 03,408.93. 2. Krog Agency, Inc., Stillwater Insurance Agency, R. W. McGarry w Son, R.E.Nelson, Merrill -Peters Agency and Harry Swanson, estimated advance premium, 53,170.86. 3. Federated Insurance, Owatonna, Minnesota. This bid was opened and the clerk re- ported that the bid was not accompanied by a bid bond, certified check or cash as provided in the notice for bids, therefore the bid was not read. .Ma •j • • • 421 • • On notion of Councilman Simonet, seconded by Councilman Charlsen, it was deoided to accept the low bid which was the bid submitted by the Krog Agency, Inc., Stillwater Insurance Agency, R. a. McGarry & Son, H. E. %laon, Merrill -Peters Agency and Harry Swanson. The city attorney informed the council members that an insurance policy is a con- tract and therefore it will not be necessary to draw an additional contract be- tween the city and the successful bidders. A as resented and on tion of Charlsen,dseconded oby Councilman tection aSimpson, ct form wthe pcontract form was oapproved C and can fire the matter of stand-by charge and rates was referred to Councilman Tennant. (Various townships.) NEW BUSINESS On motion of Councilman Charlsen, seconded by Councilman Tennant, the following salary and wage schedule was adopted for the year 1962. 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. 'City Clerk and City Treasurer .$625.00 per month -2. 'Clerk of Municipal end Conciliation Court • . 100.00 00.00 per month per month 3. 'City Attorney .410.00 per month 5.City 5. City Attorney.725.00 per month--- Engineer 6. thief of Police .500.00 per month - -7. +Chief of Fire Department .525.00 per month 8. "City Health Officer • 70.00 per month -9. 'Judge iliation Court 00.00 -10. 'SpecialfJudge c ofaMunicipal l and c 4�1 and Conciliation Court .25.00 per year per ay -11. 'Deputy City Clerk and City Treasurer (Grace Thompson) ,305.00 per month -12.'Deputy City Clerk,City Treasurer and Deputy Clerk of Municipal and Conciliation Court (Marlene Anderson) .360.00 per month-' -13.-Deputy City Clerk, City Treasurer and Deputy Clerk of Municipal and Conciliation Court (Doris Kutz) .360.00 per month- - 14. ;E1.50 per hourxtra clerk hire (clerical) .520.00 per month -15.'City Building Inspector 25.00 per month 16.'City Director of Civil Defense . 25.00 per month -17.'City Band Director 225.00 per month -18.'Supervisor of Recreational Facilities . 225.00 per month 19. /Sewage Works Superintendent 2.00 per month 20.'Assistant to City Engineer '21.'Street Department Foreman -452.00 per monter h `22. 'Assistant to Building Inspector •402.40 per hourh- -2 "Sewer Plant Operator -j00.00 per month- •.24. 'Patrolman (start) •350.00 per month- _25.4Patrolman (high) - 1.75 per hour 2 .'Auxiliary Police : 27. JJAuxiliary Police (assigned to Youth Center) . �93.00 per monther h 2 .'Police and Fire Dispatcher -29. Special Police Officer (caring for and maintaining .175.00 per month - parking meters) -30. Captain - Fire Department •, 435.00 .00 per _ per month- -31.'Lieutenant - Fire Department 4 -32.'Firenen (start) , 350.00 per month-- 3 .'Firemen (high) .400.00 per month- -34."Auxiliary Firemen - Captain 1 6.00 per year -Lieutenant .168.00 per year -'Driver 160.00 per year firemen (first class) 152.00 per year -'Firemen (second class) 108.00 per year _35.1Trucker - 2.12 per hour - 1wie -36. 'Heavy Equipment Operator 2.12 per hour- -37. Skilled labor 2.12 per hour-- .38.'Manual labor 1.90 per hour- 39.'Mechanic • 2.15 per hour- 40. 'Janitor 95.00 per mont? al. Caretaker - Pioneer Park 150.00 per ye�`r 42.'Dump Tender •175.00 per month- I{3. Occasional labor - skilled 1.25 per hour unskilled .75 per hour • • 422 The city engineer presented a detailed report in connection with the proposed South FoathChurdhillrand OrleanssStreetnwouldo amountg too'�y8.O0the rper rfont hand e the assessment between assessment between Y; illard and ChurchillStreets, 38.00 per foot end the assessment between pine and Willard Streets, �.3.25 per t. On motior of Couruilman roved and the,cityonded engineerOwasc instructed lt npreparee report as assessment was approved assessment roll accordingly. RESOLUTZONS The following resolution was read and was on roll call unanimously adopted: 1. Fixing tax levy for city purposes for the year 1962. ADJOURNMENT On motion of Councilman Simpson, seconded by Councilman Charls n, meeting ad- journed at 10:50 P.M. Attest: ayor n e k 0 • • • 423 • • Council Chamber December 12, 1961 Stillwater, Minnesota Regular meeting The meeting was called to order by President Madsen Opening prayer by the City Clerk Present: Councilmen Charlsen, Simonet, Simpson and President Madsen Absent: Councilman Tennant 7:30 P.M. APPLICATIONS On motion of Councilman Charlsen, seconded by Councilman Sims on, "on" and "Off"sele 3.2 beer licenses were granted to Lyle Ryland, 304 North On motion of Councilman Simpson, seconded by Councilman Charlsen, "On" and "Off" sale 3.2 beer licenses twewere applications.granted James L. Gardner, Brown's Creek Inn, on the second reading On motion of Councilman Charlsen, seconded by Councilman Simpson, the following licenses were granted to: Leonard A. Anderson, 527 Wisconsin Street, Hudson, Wisconsin 1. Operator's license $25.00 00 2. 3 Amusement machines 10.00 3. 1 Music machine Total 50776 On motin of Counilmn ed by ncilman operateoa theatrecwasagranteds to�Ernest dPeaslee,uJr., 211SSouth nlicense Second Street. On motion of Councilman Simpson, secondedbye Cyouncir lman Simonet, cigarette li- censes were granted to the following for 1. Lyle Ryland, 304 North Main Street 2. E. James Meister, 901 South Fourth rthuStreet h Fourth Street ▪ Hooley's SuperMerket, Inc., 902 L. Hooley's Super Market, Inc., 405 East Myrtle Street ▪ Ralph B. Otte, 517 North Owen Street 6. Dale C. Mattison, Lakeview Churchill Street 8. .Patrick E. 'uWhite, 8. St. Croix Drug Co., 132 South Main Street 9. Connolly Shoe Company, 122 North 10.H.M.3her d,807NorthSecond Street Fourth Street 11.Myrtle L. Norris, 101 North Owens Street 12.James P. Thompson, 302 South Main Street 1?,Emerson M. Lower, 103 South Main Street l ,Lowell Inn, Inc., 102 North Second Street 15j.James L. Gardner, Brown's Creek Ian 16.Alfred Roepke, City Hall North Main Street 17.Maple island, Inc., Canning Plant, 18.Maple Island, Inc., Old Prison, North Main Street 19.Mel Testrom, 203 North Second Street 20.James H. Zorn, Fourth and Churchill Streets 21.Browning Motor Company, 114 West Churchill Street 22.william Kinsel, Second and Chestnut Streets 23.D.F.Holde,224 South Main Street 2k.Victor Prescott South Plater Street 25.Gene aright 215 North Main Street 26.C.H.Fe11x, 413 South Greeley Street 27.Harry Kleinschnitz, 826 South Fourth Street 28.Milton Krelitzy,, 233 South Main Street 30.Leonard Yee,e241 South 211 oMain uth n Streetain 31.Fraternal Order of Eagles, Aerie .#94. 227 South Main Street 32.National Food Stores, 216 West Myrtle Street 29 34-Ralph Wilberg, 11122SixthsAvenuet tSouthnut 3treet 35. g Club, North Second Street 36.Morris.Grotto, to, 108 7homps GPet to, ym North Main Street 3..W.J.�Groschen, 317nSouthaMaintStreeL30b South Main Street 3_.'. 39.Milt on Krelitz, 131 South Main Street ff O,Ed, Knefelkenp, 1101 North Cwe's Street 41.Edward J. Davidson, 231 East Myrtle Street 42.Donald irrMosinen Glen L. IStrloske, 317 South Plain Street 43 John M. , in ((.Lester Trombly, 226 South Main Street 45.Clare A. E. Meister, 112 North Main Street 46.B.P.O.Elks, Y179, 110 South Main Street • • • 424 en motion of Councilman Simpson, seconded by Councilman Simonet, soft drink licenses were rrantod to the following for the year 1962: 1. Lyle Ryland, 304 north Main Street 2. E. James Moister, 901 South Fourth Street 3. Ralph B. Otte, 517 North Owen Street 4Arthur F. Raduenz, Jr., 326 South Main Street 5. Patrick E. White, 603 hest Churchill Street 6. Connolly Shoe Company, 123 North Second Street 7. V. F. W. Post #323, 124 North Main Street 8. H. M. Sherod, 307 North Fourth Street 9. Myrtle L. Norris, 101 North Owen Street 10. James P. Thompson, 302 South Main Street 11. Emerson M.Lewer, 108 South Main Street 12. S. A. Riegel, 417 South Main Street 1 . Lowell Inn, Inc., 102 North Second Street Gene Wright, 218 North Main Street 1 . James L. Gardner, Brown's Creek Inn 16. C. H. Felix, 413 South Greeley Street 17. Fraternal Order of Eagles, Aerie #94, 227 South Main Street 18. Leonard Yee, 241 South Main Street 19. National Food Stores, 216 West Myrtle Street 20. Clara A. E.Meister, 112 North Main Street 21. Arthur W. Swanson, 229 East Chestnut Street 22. Ralph Wilberg, 1112 Sixth Avenue South 2 Stillwater Country Club, North Second Street 2 . Morris Crotto, 108 North Jain Street 2 . Thompson's Hiwayman Restr., Inc, 806 South Main Street 26. W. J. Groschen, 317 South Main Street 27. Milton Krelitz, 131 South Main Street 28. Ed. Knefelkamp, 1101 North Owen Street 29. Edward J. Davidson, 231 East Myrtle Street 30. Donald F. Mosiman and Glen F. Karloske, 317 South Main Street 31. John M. Ertle, 234 South Main Street 32. B. P. O. Elks, #179, 110 South Main Street On motion of Councilman Simpson, seconded by Councilman Charlsen, a taxi cab license was granted to Victor F. Prescott, doing business as Stillwater Taxi, S outh Plater Street, for four cabs, subject to insurance coverage from six months to one year. On motion of Councilman Simpson, seconded by Councilman Charlsen, a license to haul things to the city dump was granted to Robert G. Huston, 1114 North Owen Street. On motion of Councilman Simpson, seconded by Councilman Simonet, a license to haul things to the city dump was granted to Leighton Charlsen, 1030 Fourth Avenue South. On motion of Councilman Simpson, seconded by Councilman Simonet, a license'to collect and dispose of garbage and rubbish was granted to Leighton Charlsen, 1030 Fourth Avenue South. COMM1Ii4ICATIONS Copy of a letter from James Douville, city attorney, to mayor and council members relative to advertising for bids on insurance coverage. Copy of a letter written by Carl Burandt of the Banister Engineering Company 'to Edgar C. Pearson, Assistant District Engineer, Minnesota Highway Department, re- questing balance of Municipal State Aid Funds for the South Fourth Street im- provement. Copy of a letter written by James Douville, city attorney, to James Sheehan of the Krog Agency relative to bid on Workmen's Compensation insurance. From State of Minnesota, Railroad and Warehouse Commission, in the matter of the application of the St.Paul City Railway Company for an order approving the dis- continuance of all owl service (Midnight to 6:00 A.M.) and reduction of the ser- vice rendered on Saturdays and Sundays. From Northern States Power Company in regard to rate schedules for electric ser- vice. From James Douville, city attorney, in regard to attorney general opinion relative to the proposed agreement for establishment of a cooperative free public library system by Pkeshinpton County and certain other governmental subdivisions therein, including the City of Stillwater. iC 044 OMNI .w • • • 425 e From Harold Foster, assistant manager of the Board of Hater Commissioners, rela- tive to fall inspection of fire hydrants throughout the city. From U. S. Department of Health, Education and Welfare, addressed to Mayor Madsen in regard to audit of the records and expenditures of the Sewage Treatment Works construction. From George Smart, manager of Stillwater Chamber of Commerce, requesting that the city council authorize payment of electric bill in connection with Christmas street lighting and on motion of Councilman Simpson, seconded by Councilman Simo- net, it was decided to comply with the request. Copy of Highway Department memo in retard to request by Carl Burandt of the Banis- ter Engineering Company to release balance of M. S. A. Funds for South Fourth Street improvement. From U. of M. Center for Continuation in regard to conference of newly elected mayors and councilmen. From R. D. Hagen, Chairman of the Planning and Zoning Commission, recommending the granting of a special non -conforming permit for construction of a steel building by the Stillwater Manufacturing Company. On motion of Councilman Simpson, seconded by Councilman Charlsen, a non -conform- ing permit was granted to the Stillwater Manufacturing Company to construct a steel buildirg subject to the approval of the State Fire Marshall. PETITIONS None DELEGATIONS OR INDIVIDUALS None UNFINISHED BUSINESS This was the day and time set to consider end act upon assessments which have been made upon and against real estate benefited to defray the cost of construct- ing sewer extensions in the following streets: Sixth Avenue South from East Bur- lington Street to East Orleans Street, East Burlington Street from Sixth Avenue South to Fifth Avenue South, East Marsh Street from Sixth Avenue South to 134.2 feet west. The city clerk read the assessment notice. The mayor then inquired of the clerk if the notice was duly published. The clerk informed the mayor and council members that the notice was duly pub- lished in the Stillwater Evening Gazette, the official newspaper of the city, and that a copy of said notice was mailed to all known property owners affected. The mayor then opened the hearing on the assessment roll. No one appeared for or against the assessment. The hearing was then closed by the mayor. This was the day and time set to open bids on a new automobile for use in the police department. The clerk read the advertisement for bids. The mayor inquired of the city clerk if the notice for bids was duly published and the clerk informed the mayor and council members that the notice was publish- ed in the Stillwater Evening Gazette, official newspaper of the city. The following bids were then opened and read aloud: 1. Erickson Post Company, Stillwater, Minnesota 1962 Ford 2 door sedan,Galaxie Hainliner police car Net wholesale price 02,366.00 Allowance for 1959 Chevrolet police car 1,168.00 Net price - difference to City of Stillwater after deducting Federal excise taxes 1,198.00 2. Stillwater Motor Company, Stillwater, Minnesota 1962 Chevrolet Biscayne, 2 door sedan police car, Total list price of 1962 Chevrolet police car 2,932.11E Allowance on 1959 Chevrolet police car 1,222.11E Net difference to City of Stillwater 1,710.00 3. Bloom Motor Company, Stillwater, Minnesota 1962 Dodge police pursuit 2 door sedan Total list price less Federal excise tax 2„737.00 Less 1959 Chevrolet 2 door trade-in 939.00 Total net delivered price 1,341.30 • • 426 On motion of Councilman Simpson, seconded by Councilman Charlsen, the Erickson Post bid was accepted and the mayor and city clerk were authorized and directed to enter into a contract covering the purchase of a 1962 Ford 2 door sedan, Galaxie Mainliner police car at a net cost to the city of $1,198.00. This was the day and time set to open bids on sower cleaning equipment. The city clerk read the notice for bids aloud. The mayor then inquired if the notice was duly published and the clerk Informed the mayor and council members that said notice was duly published in the Stillwater Evening Gazette, official newspaper of the city. The following bids were then opened and read aloud: 1. O'Brien Manufacturing Corporation,5632 Northwest Highway,Chicago 46,Iilinois Redding machine, total amount of bid 64,522.05. Bucket machines, total amount of bid 3,950.10 Alternate bid Bucket machines, 4,850.10 Total amount of bid Delivery date, January 9, 1962 2. Municipal Equipment Company, 801 East Excelsior Avenue, Hopkins, n Minnesota Redding machine, total amount of bid 4 9 Bucket machines, total amount of bid 4,484.53 Alternate bid Bucket machines, total amount of bid 4,850.10 Delivery date, 26th day of December, 1961 3. American Pipe Cleaning Company, 1819 Nicollet Avenue, Minneapolis 3, Minnesota Redding machine, total amount of bid 4,250.00 Bucket machines, total amount of bid 3,738.00 Alternate bid Bucket machines, total amount of bid 4,018.00 Delivery date, 20th day of January, 1962 On motion of Councilman Simpson, seconded Ly Councilman Charlsen, the bids were referred to the city engineer for tabulation and the bidders were informed that the council will consider the bids on December 27, 1961 at 7:30 P.M. This was the day and time set to open bids for furnishing of approximately 15,000 gallons of M.C. or R.C. type cut -back asphalt for the year 1962 as per specifications. The clerk read the notice for bids aloud and the mayor then inquired if the notice had been duly published and the clerk informed the mayor and council mem- bers that the notice for bids was published in the Stillwater Evening Gazette, the official newspaper of the City. The following bids were then opened and read aloud: 1. Ritzer Landscape Service, Inc., 919 Fifth Avenue South, Stillwater, Minnesota 15,000 gallons delivered by distributor type trick, 16/ per gallon $2,400.00 2. J, V. Gleason, 2701 Louisiana Avenue, St.Louis Park, Minneapolis 16, Minn. 15,000 gallons delivered by distributor type truck at 16/ per gallon 2,400.00 3. J. 71. Craig Company,1814 California Street N.E.,Minneapolis 18, Minnesota 15,000 gallons delivered by distributor type truck at 15WW per gallon, type R.C. 15,000 gallons delivered by distributor type truck at 15/ per gallon, type M.C. 0n motion of Councilman Charlsen, seconded by Councilman Simpson, it was decided to accept the bid submitted by the J. W. Craig Company and the mayor and city clerk were authorized and directed to enter into a contract with the J. W.Craig Company. This was the day and time set to open bids on official advertising for the year 1962. The clerk read the notice for bids. The mayor then inquired if the notice was duly published. The clerk informed the mayor and council members that the notice was published in the Stillwater Evening Gazette, official newspaper of the city. Only one bid was received and read aloud and that was the bid from the Stillwater Evening Gazette which read in part as follows: "Legal rates to be charged as set by the Minnesota Legislature, ..1.50 per folio for the first insertion and 75/ per folio for each subsequent insertion. On motion of Councilman Charlsen, seconded by Councilman Simpson, the Stillwater Evening Gazette proposal was accepted and the mayor and city clerk were authorized and directed to enter into a contract coverint official advertising for the year 1962. .ia ..m • • • • 427 • The assessment roll covering the street improvement and watormain extension in South Fourth Street from West 'Willard Street to Orleans Street, South Fourth Street from 'West Pine Street to West Willard Street as prepared by the city en- gineer was presented and the clerk was directed to file the assessment roll in his office and give notice of public hearing on the assessment, said hearing to be held on January 9, 1962 at 7:30 P.M. COMMITTEE REPORTS Councilman Charlsen 1. Front-end loader, street department, not in working order. Will probably cost about 0350.00 to repair same. This is the second or third time that bearings have been replaced. Suggested that the council consider purchasing a new loader, heavy duty type, at a cost of about $10,000 to 012,000. 2. Suggested that the council consider purchasing a new sander which can be operated from the truck cab at a cost of about 0995.00 installed. Stated that labor cost for sanding last year amounted to 034.00. 3. Suggested that the council consider adopting the Milwaukee plan in connection with snow removal which plan provides that autombbiles must park on one side of street during a given period and alternate parking to allow complete snow removal for the period from December 1 to April 1, of each year. Councilman Simpson 1. Reported that the proposed Twin City bus schedule change does not affect the present service to and from Stillwater. The proposed new schedule change affects runs after 12 o'clock at night and 5:49 A.M. and 12:05 P.M. 2. Presented a report recommending the following street light changes: New lights- 1 - 4,000 lumen lamp at Oak Ridge Road and West Olive Street 1 - 4,000 lumen lamp at Oak Ridge Road and Laurie Lane 1 - 4,000 lumen lamp at West Pine Street and Brick Street 1 - 4,000 lumen lamp at Meadowlark Lane and Robin Lane 1 - 4,000 lumen lamp at Sixth Street and Marsh Street 1 - 4,000 lumen lamp in alley behind aright's Service Station and St.Croix Body Works 2 - 4,000 lumen lamps on Echo Lane between Myrtle and Linden Streets 1 - 4,000 lumen lamp on Commercial Avenue between Main and Second Streets Changes: From 4,000 to 10,000 lumens North Second between Commercial and Mulberry Streets From 4,000 to 10,000 lumens North Second and Mulberry Streets From 1,500 to 10,000 lumens North Second and Linden Streets From 1,500 to 10,000 lumens North Second and Cherry Streets From 4,000 to 10,000 lumens North Second and Laurel Streets From 4,000 to 10,000 lumens North Third by Water Board Office From 4,000 to 10,000 lumens North Third and Mulberry Streets From 4,000 to 10,000 lumens North Third and Linden Streets From 4,000 to 6,000 lumens North Third and Cherry Streets From 4,000 to 10,000 lumens South Third and Olive Streets From 4,000 to 10,000 lumens South Third and Oak Streets From 66,000 to 10,000 lumens South Third and Pine Streets From 4,000 to 10,000 lumens South Third and Walnut Streets From 4,000 to 10,000 lumens South Third and Willard Streets From 4,000 to 10,000 lumens South Third between Willard and Churchill Streets From 6,000 to 10,000 lumens South Third and Churchill Streets From 6,000 to 10,000 lumens Myrtle. and Fourth Streets From 4,000 to 10,000 lumens Myrtle and Fifth Streets From 4,000 to 10,000 lumens Myrtle and Sixth Streets From 4,000 to 10,000 lumens Myrtle and Harriet Streets From 4,000 to 10,000 lumens Myrtle and Martha Streets On motion of Councilman Charlsen, seconded by Councilman Simonet, the foregoing new lights and changes in the street lighting system were approved and the clerk was directed to order installation of the new lights and changes as listed above. • • • 428 • • NEW BJSINESS Comprehensive General Automobile liability insurance policy No.410529198 (renewal) was presented, advance premium amounting to 85,815.80. The council members felt this policy should be accepted at this date because cancellation on a short term basis would be too costly and also because the opinion from the city attorney in regard to insurance coverage was rendered after renewal date of this policy. The clerk was authorized and directed to pay premium on Compensation Insurance policy No. 41WH101760 in the amount of 0,170.86 to the Krog Agency, Inc.,upon receipt of letters from Stillwater Insurance Agency, R. L. wcGarry & Son Agency, R. E. Nelson Agency, Merrill -Peters Insurance Agency and Harry Swanson Agency withdrawing their names from the original bid submitted by the Krog Agency. On motion of Councilman Charlsen, seconded by Councilman Simpson, bond issued by the St. Paul Fire and Mafine Insurance Company covering Peter J. 'Miller to make excavations in the streets, alleys and public grounds was approved and ordered filed. A proposal by the Normco Northwest Maintenance Company, Inc., to strip and wax all floors in the City Hall once each month at a cost of 840.00 per month was presented. On motion of Councilman Simpson, seconded by Councilman Simonet, insurance policies issued by the Volunteer Firemen's Benefit Association of Minnesota covering the following volunteer firemen were approved and ordered filed: 1. Irvine Leroy London policy No.311000 2. Jerome Carl Klawitter policy No.310999 On motion of Councilman Simpson, seconded by Councilman Charlsen, the following order of business for all regular meetings of the council during the year 1962 was adopted: 1. Call meeting to order 2. Opening prayer 3. Roll call !} Approve minutes 5. Applications 6. Communications 7. Petitions 8 Delegations or Individuals 9. Unfinished business 10. Committee reports 11. New Business 12. Ordinances 13. Resolutions llyy Adjournment On motion of Councilman Charlsen, seconded by Councilman Simpson, insurance binders issued by the Universal Surety Company covering Sewage Treatment Works in the following amounts was approved and ordered filed. (For the period from November 6, 1961 to December 6, 1961 and from December 6, 1961 to January 5, 1962) •57,600.00 lift station Lowell Park 57 600.00 lift station Aiple-Marine y306,400.00 sewage disposal station .56,000.00 2 filter tanks 7,000.00 contents - disposal station Mayor Madsen announced the following appointments and on motion of Councilman Simpson, seconded by Councilman Charlsen, the appointments were confirmed: Library Board Mrs. Joseph Resell, Mrs. Henry Van Meier, Mrs. Alexander Kraemer (to replace Mrs. d. R. Humphrey) Park Board Karl G. Neumeier On motion of Councilman Charlsen, seconded by Councilman Simpson, the building inspector -was authorized to attend the 25th Upper Midwest Electrical industries convention to be held at the Radisson Hotel, Minneapolis, on February 18 through 21, 1962. All legal expenses in connection with the convention to be paid by the city. On motion of Councilman Simpson, seconded by Councilman Charlsen, the building inspector's report covering activities duri g the month of :dovembcr, 19b1 was approved and ordered filed. .nDlNANCES None 0 ►m • • 429 • • RESOLUTION$ The following resolutions were read and were on roll call unanimously adopted, 1. Directing the payment of bills 2. Confirming and establishing assessment for sanitary sewer extension - Local Improvement No. 20 - 1959. 3. Permitting payment in installments of assessments for sanitary sewer extension - Local Improvement No. 20 - 1959. I. Authorizing payment of contributory share and additional contribution due to Public Employees Retirement Fund 5. Accepting work under contract for construction and relocation of watermains and for construction of storm sewers in connection with South Fourth Street improvement. (Houliston Contracting Company and Moelter Construction Company) 6. Ordering hearing on proposed assessment in connection with improvement of South Fourth Street. ADJOURNMENT On motion of Councilman Simpson, seconded by Councilman Simonet, meeting adjourned to December 27, 1961 at 7:30 P.M. This meeting closed at 10:15 P.M. Attest: City Clerk Mayor • • Council Chamber Stillwater, Minnesota Special meeting The meeting was called to order by President Madsen Present: Councilmen Simonet, Simpson, Tennant and President Madsen Absent: Councilman Charlsen The following resolution was read and was on roll call unanimously adopted: 1. Re -instating Chief of Police. (Eldon D. Sanders) (Mayor Madsen reported that Councilman Charlsen was out of the city but that Councilman Charlsen had called him before leaving the city and informed him that he was in favor of re -instating Mr. Sanders.) December 20, 1961 10:30 A.M. ADJOURNMENT On motion of Councilman Tennant, seconded by Councilman Simonet, ddittiJ adjourned at 10:55 A.M. Mayor Attest: City Clerk c CD osw 431 • • Council Chamber December 27, 1961 7:30 P.M. Stillwater, Minnesota Regular adjourned meeting The meeting was called to order by President Madsen Opening prayer by the city clerk Present: Councilmen Charlsen, Simonet, Simpson, Tennant and President Madsen Absent: None 0n motion of Councilman Charlsen, seconded by Councilman Simonet, minutes of the r followi:r meetings were approved: Regular meeting October 10, 1961 7:30 P.M. Special meeting October 16, 1961 4:30 P.M. Specie' meeting November 7, 1961 Regu1-.r meeting November 8, 1961 7:30 P.M. Regular sijourned meeting November 21,1961 7:30 P.M. Regular meeting December 12,1961 7:30 P.M. Special meeting December 20,1961 10:30 A.M. APPLICATIONS On motion of Councilman Tennant, seconded by Councilman Simonet, "On Sale" liquor licenses were granted to the following for the year 1962, subject to the pa ant of at least one-half of the total fee on or before December 31, 1961. (Totalfeefor the year ;1,350.00). Bonds in the amount of $3,000.00 each were also approved. ^.dward J. Davidson 231 East Myrtle Street Donald F. Mosiman and Glen L. Karloske, 317 South Main Street John M. Ertle 224 South Main Street Clara A. E. Meister 112 North Main Street The Lowell Inn, Inc. 102 North Second Street James P. TIma pson 302 South Mein Street On motion of Councilman Tennant, seconded by Councilman Simpson, the following Club "On Sale" liquor licenses were granted for the year 1962 subject to the pay- ment of $100.00 each, on or before December 31, 1961.- Bonds in the amount of $1,000.00 each were also approved. Fraternal Order of Eagles, Aerie ,#54, 227 South Main Street B.P. 0. Elks Lodge #179, 110 South Main Street Stillwater Country Club, Inc.; north Second Street American Legion Club, Post yob, 101-103 South Third Street Veterans of Foreign Wars, Post #323, 124 North Main Street On notion of Councilman Tennant, seconded by Councilman Simpson, cigarette li- censes were granted to the following for the year 1962: 1. American Legion Club, Post 11148, 101-103 South Third Street 2. Midland Co-operatives, inc., 501 North Main Street 3. Arnold Deno, 215 North William Street 4 Arnold Tessmer, Court House 5. Arthur A. Nelson, 920 West Olive Street 6, L. G. Swanson, 106 South Main Street On motion of Councilman Simpson, seconded by Councilman Tennant, soft drink li- censes were granted to the following for the year 1962: 1. Arnold Deno, 215 North William Street 2. Midland Co-operatives, Ine.,501 North Main Street 3. American Legion Club, Post kl 8, 101-103 South Third Street COMMUNICATIONS From the Upper Mississippi Waterway Association announcing that the association v,ill hold a meeting in St. Louis, Missouri, on February 4, 5, 6, 1962. PETITIONS None DELEGATIONS OR IGDIVIDUALS Mr. James Nelson, who resides at 924 North Fourth Street, appeared before the council and complained about vicious dogs running at large in his neighborhood. Mayor Madsen referred this matter to the Cnief of Police. • • 432 • • UNFINISHED BUSINESS Councilman Charlsen reported that he and the city engineer have checked all bids submitted on sewer cleaning equipment and at this time recommend the pur- chase of Champion Bucket Machines, bid ondmotiontofdCouncilmathe n Charlserican n, seconded Company atll a cost an C,. ,h3 by Councilman Tennant, the bid submitted by the American Pipe Cleaning Company on Champion Bucket Machines was accepted and the mayor and city clerk were authorized and directed to enter into a contract with the AmericanPlpe CleaningCompany covering purchase of Champion Bucket Machines, base price, 43,738.00. On motion of Councilman Charlsen, seconded by Councilman Simonet, it was decided cto ostr ofr4230(.00oforp awer totaltor costoofperate bucketthe bucket machines at an additional machines, $4,018.00. Councilman Charlsen reported that the two bids submitted on rodding machine shows a small variance in cost and he felt that in all fairness to both bidders, he would like to suggest that both bidders demonstrate their machines in the near future. He also was of the opinion that if both bucket trmachines achin would ththe rodding machine was purchased from the same company, there some advantage so far as future service on the machines. The Municipal Equipment representative and the American Pipe Cleaning Company representative agreed to a demonstration, time to be arranged by the city en- gineer. The Municipal Equipment representative stated that the American Pipe Cleaning Company bid does not meet specifications. COMMITTEE REPORTS Councilman Simpson - 1. Stated that he had received a letter from the St. Paul Chamber of Commerce Transit Committee in regard to proposed change in the Twin City Rapid Tran- sit bus schedule and that a meeting will probably be held on the matter_ about the 12th day of January, 1962. Councilman Tennant 1. Reported that he is receiving complaints about the hard ground skating r nks and also having some problems with the man in charge of skating rinks, namely, Mr. Patton. 2. Receiving calls from private parties about flooding skating rinks and he , felt that this practice should be discouraged. Mayor Madsen agreed with Councilman Tennant. Fire Chief Lawson stated that sometime ago, the men from his department did flood nksaae rinks therefore problems that thenection councilrlth not consider pri- vate rinks and he, , flood- ing private rinks now or in the future. 3. A hand snowblower is being used to clear the skating rinks of mow. Mayor Madsen he bthe merican 1. o- mobile sAssociation gfor ue wnocpedestrian h was ddeaths ed to tduring ythe year A1960. Heu then. handed the plaque to the Chief of Police for display in the chief's office. NEW BUSINESS On motion of Councilman Charlsen, seconded by Councilman Tennant, official bond Covering Doris s of Butz for position of approved. Clerk of Municipal and Conciliation Court On motion if Councilman Charlsen, seconded by insurancepolicy ihz4oissued by the Universal Surety Company ofLincoln, Nebraskaproviding thefollowing protection was approved and ordered filed: 1. 457,600.00 sewage lift station Lowell Park (q0$ co-insurance) 2. $57 600.00 sewage lift station AipleMarine (80% co-insuranceco-insurance) 3j 0306,400.00 sewage disposal plant 4. $56,o00.00 2 filter tanks located at disposal stattiion-428,000.00 co-insurance) 5. $/,000.00 contents located in the disposal station (80% co-insurance) • 433 • s p1 'she clerk presented notice of personal injury and claim filed on December 21, 1961 by Searle R. Unclean, attorney for A. J. Hagstrom in the amount of v50,000.00. The clerk informed the council members that copies of said claim were mailed to the Erog Agency and the city attorney on December 21, 1961. On motion of Councilman Tennant, seconded by Councilman Charlsen, the following change orders as recommended by the Banister Engineering Company were approved: (Montgomery Construction Company). Change order # 1 Sanitary sewer and watermain (file No.6121) Nature of change - class 5 gravel hauled on streets to make them passable for spring driving per instructions of city engineer. 206 cubic yards at - $2 50 per cubic yard, total v615.00 Change order # 2 Sanitary sewer and watermain (file No. 6121) Nature of change - Moving sixty feet of watermain not property located in street- interferred with sanitary sewer, 6o lineal feet at $2.50 a lineal foot, total $150.00. On motion of Councilman Tennant, seconded by Councilman Simpson, the following rules and regulations were adopted covering Superintendent of Sewage Works and assistant engineer, street foreman, plant operators, engineering assistant and aid, equipment operators and driver laborers and common laborers. Working conditions Regular work week Superintendent of Sewage Works and Assistant Engineer 8 hours per day, 5 days per week or 40 hours per week and other times as needed to assist the plant operators and engineering department. Hours worked per day - 8:oo A.M. to 12 noon, 12:30 P.M. to 4:30 P.M. under normal conditions. Street Foreman Same hours as set forth for the hourly employees of the street department and other times as needed. Plant operators 9 hours per days, 5 days per week and on the 6th and 7th days as per pre- vious agreement and other times as needed. Hours worked per day shall be: Day shift: 6:oo A.M. to 3:00 P.M. Night shift: 2:00 P.M. to 11:00 P.M. Saturdays and Sundays as required and needed Payment for all overtime work and for work on legal and regular holidays shall he on a straight time basis at the rate of 0.80 per hour. Engineering Assistant and Aid b hours per day, 5 days per week or 40 hours per week and at such other times as required. '{ours worked per day - 8:00 A.M. to 12 noon, 12:30 P.M. to 4:30 P.M. Straight time shall be paid for all hours over the 40 hours per week. Holidays The regular employees will be allowed with pay the following holidays - New Year's Day, Memorial Day, Good Friday, July Fourth, Labor Day, Thanks- giving Day, Christmas Day, providing such holiday falls during a regular work day or that a regular work day is so specified as a legal holidgy. Equipment operators and driver laborers and common laborers Working conditions Regular work week November 15 to March 15, 8 hours per day, 5 days per week or 40 hours per week Hours worked per day : 8:00 A.M. to 12 noon, 12:30 F.M. to 4: 0 P.M. March 15 to November 15, 9 hours per day, 5 days per week pr 5 hours per week Hours worked per day, 7:00 A.M. to 12 noon, 12:30 P.M. to 4:3 P.M. In the event that the number of hours worked per week exceeds 40 hours from November 15 to March 15, the first 10 hours of such excess to be compensatory overtime and to be taken oft as the city engineer shall determine. Also from March 15 to Novem- ber 15, in the event that the number of hours worked per week exceeds 45 hours, the first 10 hours of such excess to be compensatory overtime and to be taken off as the city engineer shall determine. Payment will be made on a straight time basis for all hours over the first 10 hours of overtime. Time and one-half to he paid for Sundays and holidays. Holidays The regular employees will be allowed with pey the following holidays: New Year'; Day, Memorial Day, " :god Friday, July Fourth, Labor Day, Thanksgiving Day, Christmas Day, providing such holiday falls during a regular work day or that n regular work day is so specified as a legal holiday. Mayor Madsen appointed the following committee to study and report on their findings in connection with a new and fixed policy cn sick leave, vacation time and retire- ment age: Councilmen Simonet, Simpson and Charlsen. • • 434 • • On .:motion of Councilmen Simpson, seconded by general fund budget was adopted for the year Revenue General Property Taxes Licenses and permits Fines, forfeits, fees and. costs From use of money and property From other agencies Charges for current services Refunds and reimbtssements Estimated revenue in excess of expendi- tures - 1961 Total Revenue -General Fund Expenditures i,ayor - Council Municipal and Conciliation Court Elections Finance Assessor and Board of Equalization Law Planning and Zoning City Hall Publishing Financial Statement Fiscal Agent's service charge Public Safety -Police Department Public Safety -Fire Department Public Safety -Protective Inspection Public Safety -Militia and Armory Public Safety -Animal Control Highways -Engineering Roadways Snow and ice removal Traffic signs, signals and markers Equipment maintenance shop Street lighting Dump grounds Conservation of Health Recreation -playgrounds Recreation -skating rinks Recreation -bathing beach -Lily Lake Recreation -bathing beach -American Legion Parking meters Insurance Hydrants Rental unit expense Hospital and medical payments Gasoline Charter Commission Undistributed general expense Total Expenditures - General Fund Councilman Chsrlson, the following 1962: ;199,900.00 32,360.00 8,800.00 4,820.00 3,000.00 5,020.00 1,500.00 19,158.52 003,5/0.52 3,100.00 11,070.00 1,750.00 17,520.00 5,570.00 5,170.00 1,575.00 6,524.00 750.00 200.00 yioo.00 44a.00 250.00 900.00 14,200.00 49,600.00 11,000.00 700.00 934.00 18,000.00 2,200.00 865.00 3,700.00 972.42 4,00o.00 ,300.10 3, 00.00 13,625.00 1,000.00 1,400.00 3,700.00 3,600.00 500.00 30 ,5l 261.10 d.52 On motion of Councilman Charlsen, seconded by Councilman Simpson, the contract between the city and the Erickson Post Company covering purchase of a new automo- bile for use in the police department was approved and the mayor and clerk were di- rected to sign same. (Contract drawn by the city attorney). On motion of Councilman Charlsen, seconded by C ouncilman Simpson, the contract between the city and the Stillwater Evening Gazette covering official advertising during the year 1962 was approved and the mayor and clerk were directed to sign same. (Contract drawn by the city attorney). The city engineer presented a calendar parking plan. No action was taken at this meeting. The clerk suggested that the council consider the matter of a complete inventory covering all city departments. On motion of Councilman Charlsen, seconded by Councilman Simpson, effective January 1, 1962, all department heads will be required to take a complete Inventory of their department and file the report with the city clerk, said inventory to be audited an- nually. ORDINANCES None eft • • • • • RBSOLTJTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the payment of bills 2. Confirming appointment of Assistant Chief of Police and fixing compensation. (Alfred Roepke) 3. Resolution accepting bid on sewer cleaning equipment and authorizing execution of contract. (American Pipe Cleaning Company, Minneapolis, Minnesota, Bucket machines, $4,018.00) ADJOURNMENT Cn motion of Councilman Charlsen, seconded by Councilman Simpson, meeting adjourned at 10:45 P.M. Attest: City Clerk eyar •