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HomeMy WebLinkAbout1964-01-07 - 1964-12-30 CC MN• 210 e • • council Chamber Stillwater, Minnesota Regular Meeting January 7, 1964 4:30 P. M. The meeting was called to order by President Charlsen. Opening prayer by the City Clerk. Present: Councilman Iverson, Nolde, Powell, Simonet, and President Charlsen. Absent: None APPLICATIONS On motion of Councilman Nolde, seconded by Councilman Iverson, soft drink licenses were granted to the following for the year 1964: Harold Chatterton, 204 North Main Street Harry Kleinschnitz, 826 South Fourth Street John Leonard Hinz, 302 South Main Street On motion of Councilman Nolde, seconded by Councilman Powell, cigarette licenses were granted to the following for the year 1964: John Leonard Hinz. 302 South Main Street Harold Chatterton, 204 North Main Street Tom Becker, Maple Island Industries, 614 North Main Street Wesley F. Underhill, 223 South Main Street Harry xleinschnitz, 826 South Fourth Street On motion of Councilman Molde, seconded by Councilman Powell, an "Off Sale" 3.2 Beer License was granted to Hooley's Super Market, 405 East Myrtle Street. Applications for "On" and Off" Sale 3.2 Beer Licenses from Ralph B. Otte, 517 North Owens Street, were read and automatically carried over to the next Regular Meeting of the Council. (Location is in a residential area) COMMUNICATIONS Copy of a letter from R. D. Hagen, Chairman of the Planning 6 Zoning Commission. Mr. Hagen exp d the wish that the Council would cooperate with the Planning Commission's enforcement committee in regard to enforcement of the City's ordinances. The Clerk read a copy of the minutes of the first meeting of the new Planning Commission, which was held on December 2, 1963, and informed the Ccuncil that in the future, copies of the minutes of meetings would be forwarded to each Council member in order to keep them informed of the Planning Commission's activities. saw e • • • (January 7, 1964-continued) 271 • • From Springsted, Inc. in regard to advance Refunding Bonds. Mr. Springsted informed the Council that they had discovered an error in our Escrow Account; a shortage of $211.06, and a shortage of $61.79 in paying agents charges, which makes a total of $272.85. This needs to be placed in the Escrow Account, and the American National Bank of St. Paul suggested that we add a few dollars to this amount to keep the account at their bank from being closed out. Mt. Springsted also stated that there was an additional saving of $900 to the City in connection with the advance refunding of bonds. (See Resolution). From Mr. Herbert A. Harland, 1019 Fourth Avenue South, requesting approval for issuance of a special building permit to construct a garage at 1019 Fourth Avenue South. On motion of Councilman Simonet, seconded by Councilman Powell, this letter was turned over to the Planning Commission for study and recommendation. NEW BUSINESS (Out of Order) City Clerk: Mr. Frank Hinz, who is in charge of the city dump, is here this evening and would like the Council to give him instructions as to what to do about the dumping that is taking place out there late at night, and by those persons who do not have a license to haul garbage. The gate won't close out there as the post holding it was pulled out of the ground. Frank Hinz: It doesn't do any good to warn them; they just come back again. Councilman Powell: Don't we have an ordinance covering this? City Attorney: Our ordinances in this regard are so confused. I checked them over and I am taking the attitude that my conscience will not permit me to issue complaints against people when the ordinance is not really in effect. The new dump ordinance shall not become effective until a resolution is passed stating the openint of a new land fill dump, which has not been dare. Councilman Simonet: Can't we get some kind of ordnance in effect until that land fill dump is completed? City Attorney: Possibly. Another thing; this ordinance does not restrict those from outside of Stillwater from dumping there. Mayor Charlsen: Frank, the Engineer will put a post up so you can put a chain across the opening. Councilman Powell: eo:maeiimmt4Wse &c This problem isn't going to be with you too long. Frank, just until the new dump is completed. we will just have to live with it for awhile. COMMITTEE REPORTS Councilman Simonet: I would like to acquire the Radle property next to the present dump site, and ask that the City Clerk and City Attorney negotiate with Nr. Radle in this regard. Henry Radle came in to see me; he said he had been thinking about a new dump site out there. His son owns some land that runs around the swamp area, about 300 feet East of the present dump. The Mayor. and I arranged to go out there Friday to look it over. Mr. Radle showed us the boundaries of his son's land and he said he thought we could work aonething out with him; either buy it or lease it. He does want provisions, however, such as a fence around it, and trees planted; things that he certainly thinks we could work out. It seems to me that we would have some kind of a solution there. • • • • 272 e On motion of Councilman Powell. seconded by Councilman Iverson, the City Attorney: City Clerk and Councilman Simonet were authorized and directed to negotiate with Mr. Radle for the acquisition of the land referred to. NEW BUSINESS (Out of Order) Mr. Fred Bliss: I was shocked when I received this statement for the parking assessment this morning. I was perhaps negligent in not attending the hearing, but I don't see how a single piece of property can be taxed twice, which in essence has been done. We want to pay our fair and equitable share of taxes, but I don't feel we should be taxed any differently than our neighbor on Myrtle Street (Farmers a Merchants State Bank). There is no business on Commercial Avenue to speak of; it is really an alley. Maybe there is some way we can reopen the hearing. These assessments are not fair and not equitable. City Attorney: They're not uniform either. Councilman Molds: It's too late now. Vacil. Mr. Bliss: I was under the impression that it would be the same as the street lighting assessment. This is no small amount involved; it's about $3,000. Taxes are a real problem, as well as assessments. I hope that this parking will be helpful to everyone downtown, but I do not have a mercantile establish- ment; there is no basis to it unless you assess everyone the same. City Attorney: I think you are going to have some appeals on the grounds that thesepeopledid not raise objections because they were under the impression that it would be handled on a different basis. Councilman Nolde: We could have abolished the whole thing the night of the hearing if these people had come in. Councilman Powell: Most of them are not opposed to the assessment, just the way they are being ed. Mr. Bliss: Now that everyone has their statements and they know what they are up against, there should be another hearing. If it's the only recourse to go to court it will come, because there is some very strong feeling on this. If there is an easy way that this hearing can be held, let them analyze the situa- tion. I nave every confidence that I would be treated fairly. If there is no opportunity to be heard I cannot accept the assessment. Councilman Powell: Is there a possibility of having another hearing? City Attorney: I do not know. Mr. Bliss: Just keel: the assessment uniform. There are a number of situations here; I don'. think that any one person should be taxed twice on the same property. At the original hearing it was stated that the assessment was to be on a front foot basis; what happens when you start assessing on the side? City Attorney: Front foot basis doesn't necessarily mean the front of the building; frontage refers to distance along a sidewalk, whether it be on the front or the side of a building. Councilman Powell: Something is going to be done. Councilman Nolde: We will try and do something for you. Mr. Bliss: If someone is going to get relief on the assessment, let's make it equitable for everyone. I did not realize the magnitude of it or I would have been at the other hearing. Councilman Powell: I speak only for myself, but some adjustments are going to have to be made. The majority of us feel the same way. • • • • • (January 7, 1964-continued)273 73 ....' e Mr. Bliss: Would it be possible to have another special meeting of the Council within a week or so? Councilman Powell: That's possible. Councilman Nolde: What is the point of having another meeting? When we received the $200,000 for the bonds we had to put in the records the complaints of every- one that was at the hearing. We had to put this on record. If there had been any more people here we would not have been able to get the money. Councilman 6:'well: We had eight or nine objections. The total amount of their assessments w,a not enough so that the ones that were left dropped the assessment below 4100,000. Almost $23,000 was knocked off; the objectors were deleted from the assessment roll without prejudice so that there could be another hearing at another time. Mr. Bliss: Now that the word is out that nine :people are going to receive favorable reductions, what are the rest of us going to do? City Clerk: Once the assessment roll is adopted by the Council it is conducive and binding. You can have a supplemental hearing, which you are going to do with the people who were here the other night, but you told them that they would re- ceive another notice of hearing. The aesessment roll that was adopted cannot be changed. The recourse is to go to District Court. The legal notices in the paper told the people that the assessment is on file and open to public inspec- tion. Another notice went out to the individual property owner telling him about the hearing; this was all done legally step by step. You cannot do anything about the assessment the way it is set up now. Suing the City is not a nice thing to do, but I am afraid it is your only recourse. Councilman Powell: Is it possible to have another meeting within ten days? at least we can discuss the omissions: we can try to clean up the loose ends. City Attorney: I will say that the assessments as made have been made and are final. The only thing you can do now is appeal to District Court. I told you all time and time again that I don't like to see you surrender your authority to the Chamber of Commerce, they should have been purely advisory on this. City Clerk: On every assessment that is made there are always inequities. Councilman Simonet: It's unfortunate that we had to inherit the whole thing; we sit up here with all the headaches. Councilman Powell: I would like to submit the complaint of Mr. Andy Sjoholm: he doesn't like his assessment either. I now move we adjourn until 7:30 P. M. tonight. FR The motion was seconded by Councilman Simonet. 7:30 P. M. - Meeting Reconvened COMMITTEE REPORTS (continued from 4:30 P. M.) Councilman Powell: I would like to mention the fact that I was contacted by the VFW: they again would like to have a circular race track at Lily Lake for the purpose of having winter races like they did last year. I would like to have the Council's approval for this oval track at Lily Lake. On motion of Councilman Nolde, seconded by Councilman Iverson, Councilman Powell's request was approved. Councilman Powell: We have received the report of the Fire Department, which is self-explanatory, and I would like to move that the Fire Chief's report for the year 1963 be accepted. The motion was seconded by Councilman Nolde. • e 274 (January 7, 1964-continued) r • • Councilman Iverson: I have nothing to report. Councilman Nolde: Our program with the County welfare workers gave us 125 working hours last month; they certainly came in handy shoveling snow, etc. Manor Charlsen: I have nothing to report. PETITIONS A petition was presented from Independent School District e834 regarding the annexation of certain land to the City of Stillwater. The petition stated that it would be in the beat interest of the City of Stillwater and the School district to have this land annexed to the City. It was signed by Mr. R. A. LePage and Mr. Paul Kaufman. Mayor Charlsen: Has the legal description been checked? City Clerk: No. Mayor Charlsen: How long would it take to check the description, Ron? City Engineer: The description is pretty well cut and dried. City Attorney: We had the first reading of the ordinance and after the peti- tion was checked we found that it did not have a common boundary. Mayor Charlsen: The question was, has the legal description been checked and would it take long to check it. Is there any reason you can think of why this petition should not be accepted? Councilman Iverson: I move that the petition be accepted subject to a check of the legal description. The motion was seconded by Councilman Powell. City Clerk: Do you want the ordinance to have a first reading at the next meeting of the Council? City Attorney: The School Board requests that if at all possible, we have the first reading of the Ordinance tonight. Mayor Charlsen: Any objections? Alright, we will have the first reading tonight when we come to Ordinances. DELEGATIONS OR INDIVIDUALS None UNFINISHED BUSINESS This was the day and time set to open bide on demolishing buildings. The Clerk read the notice for bids aloud: the Mayor inquired if the notice for bids was published, and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on December 23rd and 30th, 1963. • • e (January 7, 1964-continued) 275 • • The following bids were then opened and read: 1. Junker Landscape Stillwater, Minnesota Start Work Date: Complete Work Date: Erickson Building Humphrey Building Pino Building Total Bid: 2. LaVenture Industries New Richmond, Wisconsin 14 days after being given contract 38 days after starting date $ 5.'700.00 2,200.00 3,000.00 $ 8,900.00 Start Work Date: 10 days after contract is let Complete Work Date: 45 days, approximately Total Bid: 3. Truck Crane Service Co. Minneapolis, Minnesota. Start Work Date: Complete Work Date: Erickson Building Humphrey Building Pino Building Total Bid: 4. Carp Bolander. & Sons Co. Minneapolis, Minnesota Start Work Date: Complete Work Bete: Brickson Building Humphrey Building Pino Building Total Bid: 5. Noelter Construction Co. Stillwater. Minnesota Start Work Date: Complete Work Date: Erickson Building Humphrey Building Pino Building Total Bid: 6. Griffin Wrecking Service Moorhead, Minnesota Start Work Date: Complete Work Date: $15,400.00 10 days after award of contract 30 days after starting date $ 3,520.00 1,760.00 3,520.00 $ 8,800.00 January 15, 1964 February 15, 1964 $ 5,400.00 1,850.00 4,200.00 $11,450.00 January 15, 1964 February 15, 1964 $ 6,750.00 3.640.00 6.265.00 $16,655.00 When notified 45 days $ 5,222.00 • • e 2716 (January 7, 1964-continued) r • • 7. Gusting Excavating Co. Hastings, Minnesota Start Work Date: Complete Work Date: Erickson Building Humphrey Building Pino Bui:_iing Total Bid: January 20, 1964 March 31, 1964 $ 3,950.00 3,900.00 4 700.00 $12,550.00 Councilman Nolde: I move we accept the bid of the Griffin Wrecking Service. Councilman Powell seconded the motion. Mayor Charlsen: Engineer, is there anything you want City Engineer: No, I don't think so. to check on? This was the day and time set to open bids on a Street Department truck. The Clerk read the notice for bids aloud; the Mayor inquired if the notice for bids was published, and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on December 17th and 24th, 1963. The following bide were then opened and read: 1. Brockman Motor Sales Total Amount of Bid: Lake alma, Minnesota Less Amount Allowed: 2. Bob Olson Motor Company Stillwater, Minnesota 3. Stillwater Motor Company Stillwater, Minnesota East Side Ford Motor Co. St. Paul, Minnesota Total Amount - Net Bid: Chassis and lowest price body Total Amount of Bid: Less Amount Allowed: $6,880.00 685.00 $6,195.00 $7,851.00 1,307.46 Total Amount - Net Bid: $6,543.54 Total Amount of Bid: Less Amount Allowed: Total Amount - Net Bid: Total Amount of Bid: Less Amount Allowed: $7,653.00 1.553.00 $6,100.00 $7,133.10 300.00 Total Amount - Net Bid: $6,833.10 On motion of Councilman Powell, seconded by Councilman Iverson, the bids were turned over to the City Engineer for inspection and recommendation. This was the day and time set to open bids on a Sanitation Department truck. The Clerk read the notice for bids aloud: the Mayor inquired if the notice for bide was published, and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on December 16th and 23rd, 1963. • • • -- The following bide were then opened and reads 1. Erickson -Post Company Stillwater, Minnesota 2. East Side Ford Motor Cc. St. Paul, Minnesota 3. S illwater Motor Company Stillwater, Ainnesota Total Amount of Bids Lees Amount Allowed: (January 7, 1964-continue4171 $3,776.70 801.70 Total Amount - Net Bids $2,975.00 Total Amount of Bids Less Amount Allowed: Total Amount - Net Bid: Total Amount of Bid: Less Amount Allowed: $3,252.95 300.00 $2,952.95 $3,585.95 540.95 Total Amount - Net Bid: $3,045.00 A bid from the Brookman Motor Sales on this equipment was not opened on the request of the Brookman representative. On motion of Councilman Powell, seconded by Councilman Iverson, the Clerk was directed to return this bid to the Brookman Motor Sales representative, unopened. On motion of Councilman Powell, seconded by Councilman Iverson, the bide were turned over to the City Engineer for inspection and recommendation. Mayor Charlsen: Mr. Campbell of the School Board is here this evening to discuss a certain matter. Mr. Campbell: We have requested that the City cut through the grade on Southwest Street between Pine Street and the water tower. City Clerk: The City Engineer was asked to get an estimated cost on this. Mayor Charlsen: Do you have this estimated cost? City Engineer: No, I do not. Mr. Campbell: This would enable the children attending the new Lily Lake School to go up Pine Street to get to the schools the other alternative would be to go on County Road *5 and around. Mayor Charlsen: Is there private property on both sides? City Engineer: Yes. Councilman Simonet: Do you have any idea of who would pay for this? Mr. Campbells I would assume that the property owners will be assessed: that is not my prerogative. City Engineer: The School District would construct bituminous walkways, wouldn't they? Mr. Campbells Yes, that's right. If it is private property on both sides, we would attempt to put a walkway in on one aide or the others with whichever property owner we could negotiate with. We have done this before. Mayor Charlsen: Would it involve a lot to cut a street through there and gravel it? City Engineer: It would not be too much of a problem I don't believe. We would primarily try to leave the grade the way it is now; it doesn't involve too much of a problem. Mayor Charlsen: That work could be done by your street crew. There would be some assessment on the property, but not what it would be if we had a contractor come in and do the work. e 2"C 0 (January 7, 1964-continued) r • • Councilman Powell: The property owners might like to have a street in there; we would have to have a hearing and find out. Councilman Nolde: When you call for a public hearing with only two property owners, and they are each going to be stuck for about $2,000 for nothing... Mayor Charlsen: It wouldn't be for nothing. We would be opening up that street for sewer and water. The City can do its own work and he property owners. Councilman Simonet: Let's proceed with it. Councilman Nolde: If you're going to open it up, let the City open it up and forget about a hearing and ments. Mayor Charlsen: That's fine, but where are we going to get the money? City Engineer: Why don't we let it go until we get an estimated cost to open the street, and then the Council can decide. Councilman Powell: When the sewer goes in, who gets assessed? Mayor Charlsen: The benefited property owners. Mr. Campbell: The sewer is eventually going to go up Pine Street anyway; there is no sewer in Olive Street and it is not necessary to put one in. Mayor Charlsen: There is no petition for sewer yet, is there? Mr. Campbell: No, we thought it best to get another petition. Mayor Charlsen: We will get an estimated cost and see later how it will be paid for. Councilman Simonet: At any rate there will be a -street. Mayor Charlsen: Yes, one way or another. we will have a hearing on the installation of the sewer in Borup Street at the first meeting in February. NEW BUSINESS City Clerk: At the last election I was informed that it would be the last year that we could use the gymnasium at the Washington School for a voting place as we interfere with the school activities. Councilman Nolde: I am almost sure that if we talked to Tbm Campbell we could make arrangements for another year. City Clerk: Eventually, we are going to have to erect some sort of building to house our voting machines. Councilman Powell: How about the Arcand property on Fourth and Laurel: we could use that. City Clerk: That is a good suggestion: we will look into it. Mayor Charlsen: We should discuss the matter of opening all bids during the year 1964 at 4:30 P. M. as bids could be tabulated and acted on later in the evening. City Clerk: This would save you some time; this could probably save you from having to have another meeting. The opening of bids should come on the Agenda at 4:30 and be referred to whatever department is involved. • • • (January 7, 1964-continued) 27, �. Councilman Simonet: I move that we give it a trial. The motion was seconded by Councilman Powell. The matter of disposing of the old Schulenberg school was discussed at this time. Building Inspector: Moelter Construction Company gave us the figure of $900 to tear it down. If we are going to ask those people in the area of the school to stop using the area for a dumping grounds, we should not allow the building to remain without doing something about it. If we had Moelter take it down it will be out of there in forty-eight hours. Councilman Simonet: John (Fire Chief) could burn it down and give his volunteers some practice. Building Inspector: Yes, but we would have to clear up the debris. The Fire Chief recognizes the situation; we could help to clear up that area by doing something ourselves. Councilman Nolde: Our best bet would be to let the Fire Chief burn it down. Building Inspector: I say let the volunteers burn the building down and have the City crew go in and remove the debris, or hire it done. I haven't talked to the Engineer, I don't know how he feels about it. City Attorney: Before you do it make sure the Washington County Historical rociety doesn't hear about it. Building Inspector: If they want to take it over and have it fixed up. it's ok. Councilman Iverson: If it is burned down, what becomes of the property? Mayor Charlsen: It's park property. Councilman Iverson: Let's burn it down and take money from the Park Fund to clean up the debris. Councilman Simonet: I move the matter be turned over to Chief Lawson and let him handle it. The motion was seconded by Councilman Nolde. Mayor Charlsen: The Building inspector would like to discuss the matter of taxes in connection with special homes. Building Inspector: In the matter of new construction, I don't know if this is legal, but when a contractor builds a hone on speculation, the tax should not be put on a home until it is sold; they get stuck on the let of May. A hone should not be put on the tax rolls until such time as it would be sold and occupied. I would like the City Attorney to look into this. Either the contractor or the buyer has to be stuck with these taxes. Councilman Powell: Would a letter to the League of Minnesota Municipalities do any good? Building Inspector: Yes, but I would like to have the City Attorney give me some advice. I feel it would increase building of special homes. City Clerk: Wouldn't you be financing the speculator? Building inspector: In a way, yes. City Attorney: The point is, you are financing the speculator and also you are financing at the expense of the other property owners. • • • 9E • v (January 7, 1964-continued) es. • • Councilman Powell: If a letter was sent and they came back with an answer as to how it has to be done, this doesn't mean you have to do it that way. City Clerk: The law reads that when a house is completed on May lst it 'shall be assessed'. Building Inspector: What I want is some justification from you or from somebody. I feel it would stimulate the building of more homes. Also, it would simulate more work City Clerk: I am quite sure the City Attorney will find that it can't be done. Building Inspector: We have tried to give the speculation builders a break to try and encourage them to build more houses, but they are a little bit dis- couraged. Mayor Charlsen: Talk it over with the City Attorney and see what you can come up with. The City Clerk reported that a Summons and Complaint had been served on him on December 31, 1963, by the law firm of Albertson, Norton and Jergens. (Virginia R. Lycan, Plaintiff, vs. City of Stillwater and Alexander Construc- tion Company, Defendants; and Wilco, Inc., Plaintiff, vs. City of Stillwater and Alexander Construction Company, Defendants). City Clerk: I presume the insurance company and the City Attorney will take the necessary steps. We have twenty days to give them an answer; the City Attorney will answer within the required twenty days. On motion of Councilman Powell, seconded by Councilman Simonet, the following sewer rental charges were fixed for the year 1964 based on water consumption for the previous year: 20-335 William Gfrerer, 1608 South Harriet Drive $7.00 21-125 Wes Windmiller, 804 South Harriet Drive $7.00 21-310 Jerome Gavenda, 1504 South Harriet Drive $7.00 20-35 Merlin Miller, 807 Everett Drive $10.20 11-175 Art's Drive -In, 920 W. olive Street $5.00 Councilman Nolde voted no on the foregoing motion. On motion of Councilman Nolde, seconded by Councilman Simonet, a bond, issued by the Home Indemnity Company of New York covering Ned Easton, d/b/a Stillwater Evening Gazette for official printing, was approved. On motion of Councilman Nolde, seconded by Councilman Powell, the Building Inspector's report covering activities during the month of December, 1963, was approved. A discussion was scheduled for this point in the meeting regarding the parking lot assessment; date for hearing and adjustments, etc.; however, it was decided to carry this item over to Thursday evening, January 9, 1964, at 7:30 P. M. • • • • (January 7, 1964-continued) 281 On motion of Councilman Simonet, seconded by Councilman Powell, a surety bond covering Doris Rutz for the position of Deputy Clerk of Municipal and Conciliation Court was approved. On motion of Councilman Simonet, seconded by Councilman Powell, the report of the Clerk of Municipal Court showing activities during the years 1962 and 1963 was approved. On motion of Councilman Nolde, seconded by Councilman Powell, the report on building activities during the year 1963 was approved. On motion of Councilman Simonet, seconded by Councilman Nolde, the report of the Auxiliary Police activities during the year 1963 was approved. On motion of Councilman Powell, seconded by Councilman Nolde, the Clerk was authorised and directed to send a letter to Mr. Andrews, Chief of the Auxiliary Police, and Mr. Dave Chiel, President of the Volunteer Firemen, thanking them for their fine work and cooperation throughout the past year. ORDINANCES On motion of Councilman Powell, seconded by Councilman Iverson, the Clerk made the first reading of an Ordinance entitled, "An Ordinance Determining the Annexation of Certain Land to be in the Best Interests of the City of Stillwater and of the Territory Affected, and Declaring Same to be Annexed to the City". City Clerk: Do you think it's a good idea to annex property and take on the additional cost? Mayor Charlsen: No. City Attorney: Then why are you doing it? City Engineer: The School District had an alternate bid on the school which included sewer all the way from Borup to Pine Street. City Attorneys Why don't you impose some restrictions upon them before annexing that property? Councilman Powell: If it's possible to impose some restrictions, have one such as an eight inch sewer, to be furnished by the School District. Councilman Simonet: When the school is being annexed and when they come in a year or so from now to put in a sewer, the Council will have the right to reject it. We could put a condition in to it that it would only be cleared if the school board agrees to put it in. City Attorney: Just because you have had the first reading of the ordinance doesn't mean you are compelled to adopt it on the second reading. Councilman Simonet: Can we tell them that we will not have the second reading until they comply with these conditions? City Attorney: Just what are the conditions? 282 (January 7, 1964-continued) e ese Councilman Powell: The street and the sewer. Councilman Nolde: Negotiate some kind of contract that they put in the sewer line and we will charge them for hooking on to the sewer. NEW BUSINESS (Out of Order) City Attorney: I received a letter from Ward Edgerton (attorney for Bud Jaguseh, whose dog was shot by Stillwater Policemen). He said he would settle for $100; I wrote back and told him we would agree to pay $25.00; he wrote back again and said they would settle for $50.00, and I would suggest that you pay them the $50.00 right away. I thought I would send him a verified claim form and we could act on it at the next meeting. Councilman Powell: I move that the City Attorney be authorized to send Mr. Edgerton a claim form so that he may bill the City in the amount of $50.00. The motion was seconded by Councilman Iverson. Councilman Nolde voted no. City Attorney: At the suggestion of the Mayor and the Clerk, I wrote to the Northern Pacific Railway Company on December 20th regarding a parcel of land. I said I failed to see why the company refused to sell the property to the City of Stillwater. On December 27th Mr. Juba wrote to me and said he would like to come to Stillwater to taik to us about it; he specified January 14, 1964, as the meeting data. I would like to have some moral support from a Council member or the Mayor. City Attorney: I would like to have you consider doing something about my salary. I am being paid $100 per month, but I am beginning to find that the job is worth more. Councilman Powell: Are you interested in a flat fee? City Attorney: I am interested in a flat fee to cover all work except court appearances. Set them up on the basis of $25.00 per half day, or $50.00 per day. I would like to have this little protection so that if I find myself coming up here three or four days in row for court appearances I will not have to worry about it. Councilman Simonet: What do you consider a fair salary? City Attorney: What with all of the time spent on this parking facility thing, the work on this job is definitely increasing, and probably will increase in years to come. In view of this I figure $25.00 per half day for court appear- ances would be sufficient. If my salary was $350 per month that would allow me $600 to cover additional appearances. City Clerks Certainly, the City Attorney is one of the chief officials of the City; there is no doubt about it. I suggested to him for Council consideration that he be put on a straight salary sufficient to cover court appearances. It is my personal opinion that $4,200 per year for a city attorney is cheap. Councilman Nolde: Would you be satisfied with $4,200.? City Attorney: I will try it out that way, but if I get involved in a four day trial or something I will squawk, and I hope that next year I will get a raise to make up for it. City Clerk: I think that Vacil would come out all right and so would the City of Stillwater if you give him the $4,200. Councilman Nolde: I move we set the City Attorney's salary at $4,200 per year, effective January 1, 1964. (The motion was seconded by Councilman Powell) • e e (January 7, 1964-continued) 283 • Councilman Iverson: we have been negotiating on the Lily Lake property and we now have to have a survey made. It will cost approximately $85.00, and we would like to go ahead and have this survey made. On motion of Councilman Powell, seconded by Councilman Simonet, the City Attorney and Councilman Iverson were instructed to have the necessary survey made. RESOLUTIONS The foliating resolutions were read and were on roll call unanimously adopted: 1. Directing the Payment of Bills 2. Amending Resolution No. 2588 (Parking Lot Assessment) 3. Authorising Payment to American National Bank of St. Paul (Escrow Account) 4. Ordering Hearing on Sanitary Sewer and Water Main Improvements and Preparation of Plans and Specifications (Borup Street) 5. Fixing Compensation of City Attorney ADJOURNMENT On motion of Councilman Powell, seconded by Councilman Nolde, the meeting adjourned to Thursday, January 9, 1964, at 7:30 P. M. (This meeting closed at 11:55 P. M.) Attest: Mayor 2 84 • • Council Chamber Stillwater. Minnesota Regular Adjourned Meeting January 9, 1964 7130 P.M. The meeting was called to order by President Charlsen. Present: Councilmen Iverson, Nolde, Powell. Simonet, and President Charlsen. Absents None Mayor Charlsen: We will start tonight by having the City Engineer's report on the bids for trucks which we received the other night. City Engineers On the Street Department truck there seems to be no question whatsoever, and I would recommend that we take the Stillwater Motor Company Chevrolet truck with the Smith body and the Garwood hoist; a total bid of $6,100. On the truck for the Sanitation Department I might start out by saying I have no recommendation whatsoever to make. The lowest base bid was East Side Ford Motor Company of St. Paul; however, in rechecking the specifications, the Heil is a twelve gage body and we specifically asked for a ten gage. Erickson -Post Company of Stillwater is next with $3,060: Stillwater Motor is next with $3,067. The Heil does not meet specifications, but it is possible that it would stand up to the work it would be subjected to. Mayor Charlsen: How much is the bid for East Side Ford Motor Company? City Engineer: They did not bid the Smith body; they btd $2,952 on a Neil body with a Heil hoist; Erickson Poet bid $2,975, and Stillwater Motor bid $3,045 using the Heil body. Councilman Powell: the Heil or Smith? City Engineer: For period of time. Ind the truck. You don't care to make any recommendations as to longevity, the Smith would stand up for a longer er most conditions the body stands up longer than Councilman Powell: If we are not concerned with a heavier body we are then bound to take the lowest bid. City Engineer: On the Erickson -Post bid you have a difference of $86. between the two bodies; with Stillwater Motor you have a lesser differ- ence. On motion of Councilman Simonet, seconded by Councilman Powell, the Erickson -Post Company bid on a truck for the Sanitation Department was accepted at a net cost to the City of $3,061., and the City Clerk was authorized and directed to issue a purchase order to the Erickson - Post Company for a Sanitation Department truck to meet specifications. at a cost of $3,061. On motion of Councilman Powell, seconded by Councilman Nolde, the Stillwater Motor Company bid on a truck for the Street Department was accepted at a net costto the City of $6,100.. and the City Clerk was authorized and directed to issue a purchase order to the Stillwater Motor Company for a Street Departmenttruck to meet specifications, at a cost of $6,100. • • • e (January 9, 1964-continued) 285 e City Clerks You have an item under Unfinished Business; I believe you were going to make an appointment, Mayor. Mayor Charlsen: At the present time there is no councilman in charge of the Building Inspector's department. The Building Inspector is not responsible to any particular councilman and he has requested that he be assigned to one councilman so that any problems arising can be presented to the Council through the councilman. I would like to, at this time, recommend Councilman Nolde to be in charge of the Building Inspector's department. On motion of Councilman Powell, seconded by Councilman Iverson, Mayor Charism's appointment of Councilman Nolde to the Building Inspector's department was con- firmed. City Clerk: There is one more item carried over from the last meeting and that is the matter of the assessment roll for the parking lot improvement. Mayor Charlsen: First, we shall take up the matter of assessments which were deleted from the original assessment roll. Councilman Noldet When this came up we were going to invite these people to the meeting. Mayor Charlsent We have to have a public meeting, but we have to discuss it before we can do that. City Clerks You left it that the Council would set a figure and then the notices would be sent out. Councilman Powell: Before we look at these maps, according to the law we are not allowed to change these assessments or what is being assessed unless we have another hearing, is that it? City Attorney: You had your public hearing; there was no action taken on those nine persons who were deleted. You will, therefore, have to propose another assessment, give notice, and have a public hearing. Mayor Charlsent The ones that have received their statements of assessment at this time - no change can be made in those assessments as they have been listed? City Attorney: This procedure is under the Statutes. For those that did not object, the assessment was adopted and became final; those assessments are final except for reasons of obvious omissions or errors. Where the engineer has in- cluded the side of a building, contrary to what people have been led to believe, or the failure to assess the sides of other buildings, could be construed as errors. Mayor Charlsen: What about those that have been assessed on the front and the sides? City Attorney: This can be opened up. Mayor Charlsen: Is there no way to overcome these problems before they are taken into court? It would be more economical to solve them beforehand as far as the City is concerned and as far as the property owner is concerned. City Engineer: I would like to make one correction; the Engineer did not pre- pare this assessment. The parking committee set the figures. Councilman Nolde: I thought this meeting tonight was to go over the nine that had been deleted. Councilman Simonet: You did not assess the side of Northern States Power Company on Olive Street; for what reason? • • 2Ow • • C` • • City Engineer: There was no separate business on that side. City Attorney: That side is 140 feet long and there is no business on that side; that's what he used for a basis. Mayor Charlsen: My question is, can any changes be made at this time on property already ed? Could you call it an error if you d the side and also the front of a building? City Attorney: If the Council stated that they would not assess the sides of buildings, yes. The St. Croix Drug faces Main Street; yet they were assessed 144 feet on Chestnut. Bow did you treat the St. Croix Drug? On what theory? City Engineer: That there is a business on the Chestnut Street side. Mayor Charlsen: Is that an error or isn't it? City Attorney: I would say that is an error. Mayor Charlsen: On the Bliss building, Singer is in front; the front and the entire side is , is that an error? City Attorney: It is an error to assess the side part, but not where the Bliss boys have their office. Mayor Charlsen: Can errors such as this be corrected? Can this be classi- fied as an error or a mistake? City Attorneys You could have a new hearing on those particular parcels. Mayor Charlsen: Along with those that were deleted? City Attorney: Yes, in other words, it would be more fair. more economical and faster than to have these people appear in District Court. New you can do it on two basis. Treat those as errors or have new notices of assessment to pick up omissions. If you assess the full side of Northern States Power Company. and the two bank buildings, the Bliss boys and my brother and sisters (St. Croix Drug) would say they have been treated fairly. Mr. Iheinberger: It seems to me that everything falls into the category of. an error, omission or mistake. Take into consideration all of this assessment; maybe there was an error made. At this time they could consider these items and hold a public hearing on them later - at that time make a final assessment on them. City Attorney: Only those assessments that were not confirmed. How many people got the impression that their sment would be only on the front side and didn't feel that they had to come to the hearing? Councilman Nolde: The parking committee felt that they had to assess for so many feet to come up with so much money. Mr. Frye: We were going to assess the front footage of a building, yes, but when there were busi on the side we did not have any intent to exclude the side. I can see their point in excluding the part where Singer is. but we had no intent of assessing any building on two sides. City Attorneys It has been the custom in Stillwater to make special - ments on the basis of front footage with the assumption that assessments are uniform; this is not the best method of doing things. and simply because it's an established practice does not make it right. If an appeal is made by some of these people on the outer extremities and they show that there 1s no benefit to their property, that $15.00 assessment may be ruled out. Councilman Nolde: Maybe we shouldn't make any adjustments. Mayor Charlsen: We are not giving anybody any special consideration at this time; the question was asked if a correction could be made on the assessment as it now stands. WOW • .—_ • • e e (January 9, 1964-continued) 287 • e City Attorneys Joe Rosen and I own an empty lot immediately west of the Ringer property; it is relatively unimproved land, and we received a $1,125 assessment on it. The question is, do you honestly feel that this empty lot has been benefited to the same extent as the stores in the downtown area? And likewise, some people who are taking the attitude that Hooley's weren't ed; conceivably some property owner can raise that question. Mayor Charlsen: There is no legal description of that property because it is owned by the railroad. City Attorney: Do you mean to tell me that the City Engineer could not find a description in the Register of Deeds office? City Engineer: That's it, exactly. City Attorney: It's conceivable that some person going will question why some properties were not assessed. Mayor Charlsen: foot?: City Clerk: Is my property increased into district court in value to the extent of $15.00 per No matter what the Council does, they cannot please everybody. Mayor Charlsen: This is the reason I brought this question up tonight; to see if any errors can be corrected rather than have them take it into district court. City Clerk: Mow many people are going to come in when they find out that you're going to make adjustments for only some people? You can make adjustments only in the case of errors or omissions: be very careful on this, Mayor. Mayor Charlsen: Some parts of the downtown area have been omitted: let's dis- cuss those now. Following are suggested changes relative to assessments for parking facilities: Additions to Assessment Roll American Oil Company Ncoley's Super Market (On Myrtle Street) Cosmopolitan State Bank Cavern Inn Sherman Gordon 15 feet 70.3 feet 20 feet 25 feet 25 feet Subtract from Assessment Roll Fred Bliss Washington Federal Savings a Loan Assn. Fred Nalinoff Local Realty (on Chestnut Street) Stillwater Auditorium Lee Anderson. 66 feet 51.75 feet 80 feet 24 feet 31 feet 32.19 feet Councilman Powell: There is a fifty-fifty chance that we will collect some of the assessments and some that we won't. Mayor Charlsen: Let's go back to these that were eliminated from the original ment roll. Can any changes be made in the value received from the use of the parking lots to the property? If so, can we start with the outside with $5.00, closer in at $7.50. etc.? Councilman Nolde: I would say that would be fine if we could bring in enough money to pay for it that way. City Attorney: Now are you going to explain the difference to those people on the other end of town who are going to be closer to the parking lots and are still paying $15.00 per foot? Mayor Charlsen: You have to take into consideration that that property is within two blocks of a parking lot. Should there be a graded evaluation on that property or what? Councilman Powell: It's my feeling, and I think Councilman Iverson feels the same way. if any consideration is made it should be made for the three manufactu- rers and them alone. (Connolly Shoe Company; Ringer St. Croix Company; Stillwater Manufacturing Company). The business climate for the manufacturers hasn't been • • 2883 (January 9.1964-continued) • • the best. or they claim that it hasn't. You heard Connolly say they would be operating in the red with this assessment. Ringer said if they didn't receive some concession they might leave town. None of these have retail outlets with Cie exception of Connolly. Mayor Charlsen: If you're going to do it that way, shouldn't we then give consideration to Maple Island and Consolidated Lumber? Councilman Powell: I mentioned these three because they are the only three who are solely in the manufacturing business. Everyone had a right to come up here and complain; those that complained were taken off the assessment roll; the others we can't do anything about. If you start giving considera- tion to everyone of these nine, then you are going to start getting yourself in trouble. Do you think that everyone on this list should receive some con- sideration? Councilman Simonet: Bow does the parking committee feel about it? Mr. Gfrerers I think they should have some consideration - on some sort of percentage basis. Grade it from the outer limit to the center limit. Mr. Rheinberger: You do not have to assess them on a frontage basis: you can assess them in a lump sum - say $1,000 or $500; we are telking about isolated cases, more or leas. Councilman Powell: Are you saying to do that for these nine and these nine only? Mr. Rheinberger: On some of these, this is the way you may have to do it. These are others in there you don't find in the category of manufacturers. mr. Frye: Make a lump sum an those properties; you could make it more equit- able. Councilman Powell: Because MCM Corporation complained and Northern States Power Company didn't complain is no reason why one should get a reduction and the .other one shouldn't. It's good for the rest of the business in town if the manufacturers continue to be here; outside of that, I can't see how you can give any concessions. Councilman Simonet: I think we should go right down the line and decide a lump sum for all of them. Councilman Molds: I think the manufacturers are more capable of paying this wont than some that are way up on the end of town with some used car lot. Councilman Powell: The prime benefit is not to the property, it's to the business it's going to create. Fred Bohlken: An assessment is not a tax: it does not increase the land value. This is the way the internal revenue people look at it. Councilman Simonet: I suggest we move on here and pick up from one to nine. How does $1,500 sound for MCN? Is that too low? Councilmen Nolde: I say $2,000. Councilman Powell: If you do this you have to do it for those who didn't complain also. City Clerk: You can go on forever, gentlemen; you can never solve this. Please keep in mind that you have had a public hearing. You agreed to delete these nine people; forget about the rest of them and don't concern yourselves with those who didn't complain. Mayor Charlsen: You mean we should give consideration to people on each side of a person who is not getting consideration?! Councilman Simonet: For Stillwater Motor Company I would propose $1,500. • • • • • (January 9, 1964-continue O 9 • councilman Nolde: It sounds alright to me. Mayor Charlsen: I would say $2,000. Councilman Simonet: I will go for $2,000. Row about Stillwater Manufacturing? Councilman Nolde: Cut it in half - down to $1,800. Councilman Simonet: I will go along with that one. What about Ringer St. Croix? Councilman Nolde: I would say $1,000. Councilman Simonet: I will go along with that one too. As for Erickson -Post I would say no change on that one. Councilman Nolde: No change - let's leave it at $1,505.25. Row about Arnold Deno? I would say $750. Councilman Simonet: I say $1,000. Councilman Powell: Let's leave it at $1,500. Councilman Iverson: I expressed my opinion on the whole thing; consideration should be given to only the three manufacturers. Councilman Nolde: For Connolly Shoe Company I would say $1,500. Mayor Charlsen: Frank Schmidt is next. Remember, that his apartment house is in a delapidated condition. When Frank Schmidt is no longer around, in all probability that property will be torn down and it will be adjacent to a parking lot. Mr. Frye: Re has promised Jim O'Brien an option on that property, but we have nothing in writing. Mayor Charlsen: If I was sure the City would get it for parking facilities I would have no objections, but if a retail outlet gets in there they will have an advantage over every place in town. City Clerk: The law is such that any land located near a parking lot is certainly benefited. Councilman Nolde: Alright, no change for Frank Schmidt. Councilman Simonet: I say no change too; we'll leave it at $1,134.75. Mayor Charlsen: Bluff City Lumber is next;. there is no consideration given to the Consolidated Lumber Company. Councilman Powell: They might have a legitimate gripe on their building on Second Street. Councilman Nolde: I recommend we make it $5,000. Councilman Simonet: I will go along with that too; make it an even $5,000. Councilman Powell: I have marked these down, but in my own mind I haven't agreed with it because I feel that the three manufacturers should be marked down to one third of what their assessment was, and the rest of them should stay the way they were. That would be my suggestion. You will have less trouble tomorrow or the next day if you do it this way, rather than try to break it down. The concessions you have made this evening are going to stir up one big hornets nest: City Clerk: The people who did not come to the hearing have lost all their right to deal with you as a Council; their remedy is appeal. Now you are sticking your necks way out. • • 6 �J n a-0 (January 9, 1964-continued) r • • • Councilman Powell: (to Mr. Rheinberger) Do you feel this might encourage people to take their claims to court? Mr. Rheinberger: Many people who are complaining bitterly will think twice before they go into court; it's too expensive. Following is the list of establishments deleted from the original assessment roll, and opposite each is the amount to be assessed as suggested by the Council in the foregoing discussions MCM Corporation Stillwater Motor Company Stillwater Manufacturing Company Ringer St. Croix Company Erickson Post Company Arnold Deno Connolly Shoe Company Frank Schmidt Bluff City Lumber Company $2,000.00 2,000.00 (used car lot) 1,800.00 1,000.00 1,505.25 1,500.00 1,500.00 1,134.75 5,000.00 Councilman Powell: This gives us a total of $17,440.007 a difference of about $6,000 over the original ment. City Clerk: I am quite sure that if this assessment is put against that railroad property it will not be paid. The reason I say this is because they inquired what the assessment was and at that time they were informed that it was for the Lvmberman's Exchange Building only; now we come along and give them another dose. We may not have very good luck with them in the future; you may lose a lot more than what you are gaining by the assessment. Mr. Frye: It might be that Mooley should be paying the assessment. Councilman Powell: Are you in favor of this - changing these nine pieces? Councilmen Molde: Yes. Councilman Simonet: Yes. Mayor Charlsen: Yes. Councilman Powell: I wasn't in favor; I am still not in favor. Councilman Iverson: And I am not in favor. Councilman Powell: would it do any good to ask the paper to explain the fact that these people that received consideration outside of those who appeared, received it not as a consideration, but because it was an error in computing the front footage? If people know that it was done this way, and not as a consideration, it might save us a lot of grief. City Clerk: Do we have to have another hearing for the ones that were changed? Mayor Charlsen: Now long will it take to get measurements of areas affected? City Engineer: Not long. Vince Mammon: (Gazette) Do you want to make a public statement regarding this? Councilman Powell: Explain why two sides of a building are being assessed and explain why certain persons received consideration. I believe this will save the Clerk a lot of time. Mayor Charlsen: It seems to me that the assessment is much more equitable than it was before. Councilman Simonet: we did the same for everybody on the corners. City Clerk: At the public hearing, if they were interested in their property, that was the night they should have appeared. What you have done tonight is held another hearing. • • • • • • (January 9, 1964-continued) 291 Mayor Charlsen: No: The purpose of this meeting was to make these changes. Councilman Powell: This was called to our attention by Fred Bliss, a little more vociferous than necessary, but we rectified the situation for everyone that complained. City Clerk: You think these were errors then? Councilman Simonet: Yes. This isn't something we made up on our own; our City Attorney said we could do it this way. Councilman Powell: May I suggest that the salary increase I talked to the Fire Chief about be approved? Firemen Schrade and Myers are to be increased $20.00 each per month, which would bring the monthly pay to $380 for Schrade, and $390. for Myers. Also, Firemen Edstrom and Peltier would be increased $10.00 per month. This is conceivably leas than what was originally proposed, but we felt we couldn't go along with anything bigger at this time. (See Resolution) City Engineer: May I have authorisation to attend the City and Village Engineers Course at the University of Minnesota on the 28th and 29th of January? I may not go, but just in case, I would like to have authorization. On motion of Councilman Nolde, seconded by Councilman Simonet, the City Engineer was authorized to attend the above mentioned course. City Attorney: We need a resolution calling for payment of purchase price for the properties we want to acquire for the parking lots. We have the deed from Mrs. Humphrey; arrangements have been made for payment. I have not examined title to the Erickson and Pino properties, but if you vote on a resolution I can have these drawn within ten days. Mayor Charlsen: On the 4th of February at 7:30 P. M. we will have a hearing on the supplemental assessment roll. RESOLUTIONS The following resolutions were adopted: 1. Adjusting compensation of Firemen. 2. Award Contract to Griffin Wrecking Service, Moorhead, Minnesota, to DenolUah the Erickson Building, the Humphrey Building, and the Pino Building in accordance with bid..... .., 3. Authorizing Purchase of Erickson Building, Humphrey Building and Pino Building in accordance with Options on File in the City Clerk's Office. • • m 292 (January 9, 1964-continued)Ic r",i 4. Ordering Hearing on Parking Lot Assessments which were Deleted from the Original Assessment Roll on December 27, 1963. (date (of hearing) :i 1.1.,, ,. . "y ADJOURNMENT On motion of Councilman Iverson. seconded by Councilman Powell, the meeting adjourned at 12:06 A. M. Attest: City Clerk /U�K(o (A19G7se Mayor • 293 e • -- Council Chamber Stillwater, Minnesota Special Meeting January 15, 1964 4:30 P. M. The meeting was called to order by President Charlsen. Present: Councilman Iverson, Molde, Powell, and President Charlsen. Absent: Councilman Simonet. Mayor Charlsen: The meeting this afternoon was called to discuss the letter we received from the City Attorney (dated January 14, 1964) in which he stated that, in his opinion, no changes can be made in the parking lot assess- ment after it has been adopted, other than additions. This means that what- ever he said the other night, he has reversed himself and now he doesn't mean it. We will have to withdraw any motions and changes thatvere made last Thursday evening (January 9, 1964), is that correct? City Clerk: Yes. At this time Councilman Powell requested that the minutes of the January 9th meeting be read so the Council could determine what motions had to be withdrawn, if any. The minutes of said meeting were read aloud. City Clerk: Apparently no motions were made. Councilman Powell: we had to have this meeting this afternoon because we had to be a body and not act as five individuals in regard to this parking matter. I was willing to go along with whatever the majority decided. If the property owners wanted to complain that was up to them to complain, but we had to be steadfast in what we said. If there are no motions to repeal, we spent a lot of time uselessly the other evening. Mayor Charlsen: I am sure it sounded to the majority of the people here that we had definitely decided to give consideration to some parties. Councilman Powell: Now we find that we can't do that. Mayor Charlsen: We can add on, however. Councilman Powell: The thing we can do is strike out those that feel they are being assessed too much and let them go ahead and sue: there is no other alter- native that I can see. City Clerks We have an appeal from Fred Bliss: the appeal is being taken because he feels that the corner on the same block, the Farmers a Merchants Bank, is not assessed on both sides and should be. If the Council will armers a Merchants on the Myrtle Street side, they will drop the appeal. Also, the side of the Cosmopolitan Bank, Sheldon Smith and Standard Oil. (American Oil) Fred Kalinoff has filed an appeal, and also Sheldon Smith Investments: they are also based on being d on both sides where some property is not. We also have an appeal from Michael J. and Margaret Galvin. They feel they are not getting any benefits at all from this parking. Maple Island filed an appeal only a few minutes ago; they have an $11,000; they are the highest assessed, and, the highest payroll in the City of Stillwater. I told Sherman Crane that it was too bad he didn't appear at the hearing and that he had lost his right to get consideration fr.= the Council. Be said the appeal was taken only because others were getting consideration. If you leave the others as they were, the Maple Island appeal would be dismissed. So, actually, you have one appeal that you couldn't make any remedy on, and that is Michael Galvin. • • • j " (January 15, 1964-continued) e/ 294 e • Councilman Nolde; The minute we add $1,500 to Sheldon Smith's property on Myrtle to get the side, do you mean to tell me he is going to be happy then? He says he will go along if they make the others pay for the sides, but the Shell Oil wasn't d on the aide: Councilman Powell: What is the attitude of the townspeople going to be toward the particular businesses who are balking at these assessments? City Clerk: There is no way we can bring this into the open... Mayor Charlsen: without personalities becoming involved. City Clerk: We could publish in the paper those who have appealed; it's Malin record now anyway. On this Bliss property, if the bank was assessed, this appeal would be dropped. Councilman Powell: Can we legally add the both sides of the bank? City Clerks M omissions, yes, but the City Attorney doesn't feel that they are omissions in his own mind. Councilman Molds: You would have to get Sheldon Smith and Standard Oil also. The nine we deleted represented about 20% of the property in footage, and now that we have all these other people who are complaining and filing appeals, Maple Island, etc., we are probably getting involved in 60% or 70% of the property. I think it would be a good idea to drag our feet and come out with the statement that the Council is considering the matter of dropping the park- ing facilities. Councilman Powell: You can't do that. We have the money from the bonds. Councilman Nolde: We could do this for three or four weeks. Councilman Iverson: We can't solve all of their problems. There are only nine that we have to think about now actually. Should we let them stand as is, or consider the three industries and do something about that? Councilman Nolde: Did you hear what happened on the Erickson property? There is a 20' x 48' strip that was left out. City Clerk: The City Attorney got the descriptionfrom the mortgage, and after checking, we find there is an option on a strip of land 20' x 48' with a mechanics lien against it for $1,800, which was not included in the package. Now we will have to work out this mechanics lien and go to Mr. Erickson and hope that he will throw this strip ins I don't know what we will do if he wants more money. Councilman Nolde: We don't have to buy these buildings right now, do we? City Clerk: The only thing is the options. Councilman Nolde: We would probably be smart by coming out with a statement that we are going to go a little bit slow on this thing. Before long Erickson would come in and would get his property squared away and we could solve all these other little problems. Mayor Charlsens If we drop the Pino property we would lose $5,000. Councilman Powell: I would like to drop the Pino station and take the other two buildings - pay the $5,000. What is the procedure on that? If that is in the specifications for the bonds it can't be dropped then can it? Are we committed to buy what we said we were going to buy? City Clerks This would apply only if you changed your method of assessment; once you get the money I believe the Council can use the money as they see fit. Councilman Powell: That being the case I would say we would be better off in this mess without that building, but how would that effect the wrecking? Now 4 • • • e (January 15, 1964-continued) 295 e • City Clerk: I am afraid you're stuck, although a contract hasn't been let and a resolution has not been published. Councilman Powell: What would we get into if we said we would take just those two buildings? Councilman Iverson: We can hash that over later; let's get back to these nine deletions. Councilman Powell: We didn't come here to do anything about them. Councilman Iverson: What's the thinking? Leave the roll as it was adopted? Councilman Powell: The way I understand it is we will forget all about the ones we called errors. Councilman Iverson: In other words, we are going back to the assessment as it was as of the 27th of December. We will take care of the omissions and the nine deletions as it was adopted. Mayor Charlsen: We can't go ahead and do anything tonight. Sheldon Smith has taken his Commercial property into court. If he is allowed anything we will be dropped below the sment. Councilman Powell: Don't think they are going tobeat this 100%: the court isn't going to say that they are absolved of all responsibility. Councilman Molds: I would like to be prepared when we go into Court on these appeals. In the first place, we are a little confused ourselves. Councilman Powell: Whatever we ha're done we have acted in good faith. Nothing has been done that is underhanded or shady, and we have nothing to be ashamed of. If a mistake was committed it was done by the parking committee. we have to sweat this out and let the chips fall where they may. Mayor Charlsen: The parking committee gave us their recommendations with the approval of the Chamber of Commerce. Councilman Powell: If some people want parking and don't want to pay for it, that's what they are going to court for. Mayor Charlsens Then there is nothing for us to do this afternoon. Councilman Iverson: Shall we just stand on the position that we adopted the assessment roll; the nine deletions and omissions we are going to act on at a later date; no changes have been made? Councilman Powell: We have to advertise when the next public hearing is going to be. This must include property owners that will be affected by the adjust- ments. City Clerk: There is no deadline on this at all. Councilman Iverson: We can't do anything on the nine until we have a hearing. What are we going to do now? City Clerk: Here is one thing I would like you to listen to - the resolution on the Humphrey building states that the City will pay real and personal property taxes payable in 1964. Do you want this in there? This is the resolution you passed the other evening subject to being drawn. The City Attorney takes the position that it's not Mrs. Humphrey's fault that we didn't close the deal in 1963. He thinks that morally we are obligated as the deal wasn't closed in 1963. This is up to you; I am just trying to point out these things. Councilman Powell: Some of these options have expired. I still think it's a good idea not to buy the Erickson building. We should try and make some sort of arrangement with the City Clerk so we can advertise for a hearing. And. I also think we should have this resolution on the Humphrey property changed. • • e 29€ (January 15, 1964-continued) e • City Clerks Shall I just ignore this resolution? I would like to suggest to you that in the future, all resolutions must be prepared and read at a meeting before being passed. Councilman Powell: What if, because this option is no longer in effect, when it comes time to buy, they want to raise the price? Councilman Noldes We don't have to have the property. City Clerk: Instead of rescinding this action, you can pass this resolution again if you want to, deleting the tax portion. Councilman Nolde: If we publish this in the paper we are bound to buy this property. Councilman Iverson: If the City Attorney feels that morally we should pay the taxes on the Humphrey building, what's to say we shouldn't do the same thing on the Pino building? City Clerk: That's right. Councilman Iverson: officially, we have done nothing since December 27, 1963, on the parking lot assessments, is that right? Mayor Charlsen. yes. City Clerk: Let's have a meeting with Mr. Springsted and hash over all of these things. We will find out if we have to buy these buildings and we will try to solve all of these other problems. I will see what I can do about setting up a meeting. RESOLUTIONS On motion of Councilman Powell, seconded by Councilman Iverson, it was decided to rescind the action taken at the January 9, 1964 meeting relative to the following resolutions: 2. Award Contract to Griffin Wrecking Service, Moorhead, Minnesota, to Demolish the Erickson Building, the Humphrey Building and the Pino Building in accordance with bid. 3. aesoltuion Authorizing Purchase of Erickson Building, Humphrey Building and Pino Building in accordance with Options on File in the City Clerk's Office. 4. Ordering Hearing on Parking Lot Assessments Which were Deleted from the Original Assessment Roll on December 27, 1963. (date of hearing). On roll call, Councilman Iverson, Nolde, Powell, and President Charlsen voted yes: the following voted no: None: therefore, the foregoing resolutions were rescinded. ADJOURNMENT On motion of Councilman Powell, seconded by Councilman Nolde, the meeting adjourned at 6:24 P. M. 'nn,,,. Mayor • • • 297 Council Chamber Stillwater, Minnesota Regular Meeting February 11, 1964 4:30 P. M. The meeting was called to order by President Charlsen. Opening prayer by the City Clerk. Present: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. Absent: None. On motion of Councilman Powell, seconded by Councilman Nolde, minutes of the following meeting.; were approved: Special Meeting Special Meeting Special Meeting Special Meeting Regular: Meeting Special Meeting Regular Adjourned Meeting Regular Adjourned Meeting Regular Meeting Regular Adjourned Meeting Special Meeting November 26, 1963 December 2, 1963 December 6, 1963 December 9, 1963 December 10, 1963 December 12, 1963 Decesber 19, 1963 December 27, 1963 January 7, 1964 January 9. 1964 January 15, 1964 7:30 P. M. 4:30 P. M. 4:00 P. M. 4:30 P. M. 7:30 P. M. 4:30 P. M. 7:30 P. M. 7:00 P. M. 4:30.P. M. 7:30 P. M. 4:30 P. M. UNFINISHED BUSINESS (Out of Order) Mayor Charlsen: Mr. Thomas Campbell, representing the School Board, is here with us this afternoon to discuss the property in the area of the new Lily Lake School. Mr. Campbell: We asked that you give consideration to cutting through one :block of South West Street and grading.it through; have you had a chance to consider that? City Engineer: The estimated coat to run a grader through there and gravel it would be about $964.00. Mayor Charlsen: There is one problem, though; half of the property abutting is no good for building purposes. If we assess the cost to some of the property we will never get paid. To what extent would the school board go along on the cost of opening the street? Mr. Campbell: I don't really know. They would certainly be willing to assume some portion of it, but I have no suggestion as to how we would arrive at it. Mayor Charlsen: What about the sewer connection? Mr. Campbell: The sewer currently is in Pine Street at Borup; bring it the rest of the way up Pine to South West Street. Mayor Charlsen: Ron, do you have an estimated cost for that? City Engineer: No, but the sewer extension would be about 1,000 feet long, and an 8" sewer would be required, so I would estimate the cost at about $10.00 or $11.00 a running foot. (The engineer then drew a map on the blackboard of the area under discussion) Mayor Charlsen: What are future plans for the School? Are you planning to enlarge? • e (February 11, 1964-continued) • • 298 Mr. Campbell: Ultimately it Councilman Nolde: How would line and the school district future would have to pay the will be the size of the Oak Park School. it be, Tom, if the City were to put in a sewer pay for it? Anyone connecting on to it in the school system the going rate. Councilman Powell: What about the assessment to the property? Councilman Nolde: There would be no assessment against property. Mayor Charlsen: The assessment in total would be to the school district; anyone hooking on to this particular piece of line would pay the proportion- ate cost. Mr. Campbell: ThLs has been done before in other areas where I have worked. Mayor Charlsen: There is only one problem with that; on Oakes Street, how would they be ed? The City would be running a line into the sewer that the school district owns. Councilman Nolde: They would not own it. We would put the sewer in and the school system would pay for it with the condition that if anyone builds a home on this street, they would have to pay their share to the school system. Jar. Campbell: what happens, then, when the sewer goes beyond the school .property if the area builds up over the next few years? Mayor 'Charlsen: It isn't going to go along on that sewer line; there is no capacity to take it. City:Clerk: would the City Engineer be able to tell us how many more houses could be hooked on to the sewer line? City Engineer: This sewer line will take the area that is in there now. City Clerk: In other words, the sewer you are proposing will take care of the school and the homes that are now in the area. City Engineer: Yes, anything within the City at the present time. Councilman Nolde: The school will be benefited by the lift station, but we are not asking them to pay any part of that. I think this other way would be the best way of doing it. City Engineer: I would suggest that you delay this until such time as we can figure out the cost on it; have a hearing and find out if the property owners will go along with it. Mayor Charlsen: You would still have added cost above what it is going to cost the residents out there. Mr. Campbell: This makes sense, to go through the normal procedures and see what develops. In the meantime, I would like to sit down with Ron and find out what cost is involved. Mayor Charlsen: If we have an estimated cost by the next meeting, we could have a hearing on it in March or April. (At this point, Mr. Campbell left the Council Chamber) Councilman Nolde: As long as they are outside of the City Limits we can make them pay for the sewer. Councilman Simonet: When we come to this annexation, can't we put it aside and say we are not going to annex them until this thing is resolved? City Clerk: If you annex the property, it becomes part of the City and you will be pressured to put in a sewer. Then, you will have to assess the property owners along that sewer line. • • • (February 11, 1964-continue ), zS9 • • Councilman Simonet: Could we put in the Sewer without annexing them? Mayor Charlsen: Then we would have to rescind our action which states that now sewer can be provided outside of the City Limits. Councilman Powell: If we don't have the second reading of the ordinance now, we will have a wedge to get the school board to pay for the sewer. If the property owners turn it down, the school board will have no alternative but to pay for it themselves. Councilman Simonet: Let's make a stay on this until we have a hearing. Mayor Charlsen: We can't delay this too long because their loans won't go through until they are annexed to the City. City Clerk: They can get then. if there is sewer and water available. If you annex the territory, then you will put in a sewer; the law reads to 'assess the benefited property'. Mayor- Charlsen: There aren't any houses out there. City Clerk: But you can build houses out there. City Engineer: Can you refuse the school district annexation? Mayor Charlsen: Holding it up is putting us in an embarassing situation. Call Tom Campbell and ask him if they can continue building without being annexed to the City. (The City Clerk telephoned Mr. Campbell.) City Clerk: Mr. Campbell said that the annexation has no bearing on their bond issue at all; they don't have to be annexed. The only reason they want to be is because they have to be a part of the City before these services can be given them. Councilman Simonet: I can't see any reason why we shouldn't grant them that if they put it in and pay for it. Councilman Powell: Deny the annexation tonight, then get an estimate of the cost and explain it to them that if they agree to it. they will soon be annexed. Mayor Charlsen: Can't you see problems with them putting that sewer in there and paying for it? Councilman Nolde: Regardless of what happens, the City is going to advertise for bids and put it in; the school board isn't going to put in the sewer. Councilman Powell: With that in mind, what problems would you have? City Engineer: with that in mind, we shouldn't have any. Mayor Charlsen: Maybe they won't want to be annexed if they have to pay for their own sewer. Councilman Powell: That's all right. Councilman Simonet: we can annex them ourselves. City Clerk: Where a school builds out of the City, they just make the school district pay the entire cost of the services. Councilman Simonet: I never heard of it, but it sounds like a good idea to me. Councilman Powell: Let's deny the annexation until a later date. • • 3010 (February 11, 1964-continued) r • NEW BUSINESS (Out of Order) Mr. John Jewell: I am representing Our Savior's Church. The county will not accept payment on certain delinquent taxes and assessments of the church as the records are mixed up because of certification of delinquencies. The plate numbers are wrong: the church property has the name of Rivard on it and we have to have some authorization from the Council to split one and straighten it out. All we need is authority to have Lee work with Grace and get these things straightened out. City Clerk: Is the original assessment wrong? Mr, Jewell: No, most of them are right. City Clerk: If the original assessment was right when the interchange of property took place, that was when the mistake was made. Mr. Jewell: No, the mistake occured on the book work. City Clerk: We certify by using the plate numbers we have on our books: we get these plate numbers from the county. The county should straighten this out. Councilman Simonet: I move that the split be authorized by the Council if such is the case that we can do anything to affectuate it. pbemotion was seconded by Councilman Nolde.) APPLICATIONS An application from C. N. Felix, 413 South Greeley Street, for an "Off Sale" 3.2 Beer License was read and automatically carried over to the next Regular Meeting of the Council, due to location in a residential area. Applications from E. James Meister. 901 South Fourth Street. for "On" and "Off Sale" 3.2 Beer Licenses were read and automatically carried over to the next Regular Meeting of the Council, due to location in a residential area. On motion of Councilman Nolde, seconded by Councilman Powell, "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. On motion of Councilman Nolde, seconded by Councilman Powell, cigarette licenses were granted to the following: (for the year 1964) Midland Cooperatives - 501 North Main Street Ed Knefelkamp 1101 North Owens Street Brown's Ice Cream Co. - 920 West Olive Street On notion of Councilman Powell, seconded by Councilman Nolde, soft drink licenses were granted to the following: (for the year 1964) Midland Cooperatives - 501 North Main Street Ed Knefelkamp 1101 North Owens Street Brown's Ice Cream Co. - 920 West Olive Street On motion of Councilman Powell, seconded by Councilman Iverson, the meeting adjourned to 7:30 P. M. (This portion of the meeting closed at 6:05 P. M.) EWEN • e (February 11, 1964-continued) .301 • • 7:30 P. M. - Meeting Reconvened COMMUNICATIONS From the State of Minnesota, Department of Highways, in regard to annual apportionment - Municipal State Aid Street Fund for the year 1964. (Total allotment - $58.788.00: Maintenance - $10,980.00; Construction - $47,808.00) From Mr. H. E. Hurst, Division Engineer, Chicago, Milwaukee, St. Paul and Pacific Railway Company, in regard to parking lot assessment. Mr. Hurst requested that this assessment be cancelled as their representative had been told by a member of the Parking Committee that the railroads would not be assessed for this improvement. Mayor Charlsen: There was no information passed out like that, was there? City Clerk: Not that I recall. The time for appeal is passed; should this letter be answered? Councilman Iverson: I move the clerk be directed to reply to this letter; in- form them what happened at the hearing, and state that dates for appeal have passed. The motion was seconded by Councilman Powell. Prom State of Minnesota Insurance Division in regard to State Aid apportionment to fire departments and fire department relief associations. The Council was in- formed that a new numbering system will go into effect on April 1, 1964: making it unnecessary to place code numbers on statements after April 1, 1964. From Northern States Power Company announcing decrease in general service gas rates -of 10 per 1,000 cubic feet. The rate became effective on January 27, 1964 by order of the Federal Power Commission. Copy of minutes of Planning and Zoning Commission meeting submitted by Agnes S. Hayes. secretary. • On motion of Councilman Nolde, seconded by Councilman Iverson, the clerk was directed to forward a copy of said minutes to each councilman. From the Minnesota Society for Crippled Children and Adults, Inc. in regard to Easter Seal campaign, informing the Council that the "Minnesota Easter Seal Society", which has opened an office in St. Paul, is not the same organization as the "Minnesota Society for Crippled Children and Adults, Inc." On motion of Councilman Powell. seconded by Councilman Nolde, the letter was turned over to Mr. Roney of the Gazette for publication. From the St. Croix Barge Terminal Company showing the amount of material moved over the dock during 1963. Enclosed was a check for $1,313.16 for rent of property used by them. The City Clerk stated that the report showed 27,829 tons of material had been moved over the dock in 1963. On motion of Councilman Nolde, seconded by Councilman Iverson, the report of the barge company was accepted. • • (February 11, 1964-continued) From League of Minnesota Municipalities in regard to solicitation of nomin- ations for the C. C. Ludwig Award for distinguished Municipal Service. From Peter L. Racchini, architect, regarding master planning for municipal buildings. Mr. Racchini appeared before the Council at this time and made the following presentation: "I would like to explain how this long range planning is done. we would meet with different department heads or people assigned to building in different departments and would make studies on existing conditions and what is needed for the future - what you would need within twenty years based on population estimates taken by the metropolitan planning commission and other estimates that would be available. We would work with the State jail con- sultant to determine what would be needed in the future as far as your police department is concerned: after this, we would have a program which we would go over and discuss. When it is approved, generally, drawings would be made as far as contracting costs, etc. All work would be done in connection with your city planning and metropolitan studies as far as highways and urban re- newal, etc. This would more or leas complete the study. From there you could decide what you want to do. There are one or two steps you could take, or you could remodel the post office building, which would be included in this study, of course." Councilman Powell: How long would it take to complete this study? Mr. Racchini: Probably four weeks: maybe five, depending on the frequency of meetings with your people. councilman Powell: I am of the opinion that a study at this time is a little premature. I feel that we are not in a position to do anything immediately anyway. We are not certain of the outcome of the post office building. How- ever, it is good to know that we can get this service if we want it. Four weeks isn't going to hold anything up if we need it. Councilman Nolde: If you're thinking of urban renewal in any phase, this is probably one of the first things you Should start. Find out what the City is going to need. Mayor Charlsen: No decision has been made on that one way or the other. Councilman Nolde: Then I would move that we table this matter until we have more information about our plans and what they are going to be, and thank Mr. Racchini for coming here this evening. Mayor Charlsen: what is the over all cost of this study? Mr. Racchini: About $1,0001 this would include preliminary plats. I could, at some future date, show you other studies that I have done so you would have some idea. Councilman Iverson seconded Councilman Nolde's motion to table this matter until some future date. From Milton D. Nelson, Minneapolis, in regard to assessment for water on Hanson Place. (This letter was read at a Council meeting some time ago, but no action was taken at that time. Mt. Nelson requested that the letter be read at this meeting for Council consideration). City Clerk: Mr. Hanson states that he is not benefited from the water line and he is asking that he be relieved of this assessment. On motion of Councilman Powell, seconded by Councilman Iverson. the Clerk was directed to refund interest, in the amount of $29.56, which was paid by Mr. Nelson on October 2, 1963. (Councilman Nolde was opposed to this motion). • • (February 11, 1964-continued303 O 3 • ■es From the National Guard Armory of Stillwater, requesting the annual appropria- tion from the City. City Clerk: This annual appropriation is $250.00, which is provided for in the budget. Councilman Nolde: What do the citizens of Stillwater benefit from that armory? Mayor Charlsen: It was built in the first place with the understanding that the City would contribute $500.00 per year for each company quartered there. Three or four years ago it was cut to just one company, so we cut the appropria- tion from $500.00 to $250.00. Councilman Nolde: When we do repair work, etc., do they pay for assessments? Mayor Charlaen: No, it is government property. On motion of Councilman Iverson, seconded by Councilman Powell, the clerk was directed to pay the appropriate amount to the Armory. (See Resolution). From Mr. Thomas E. Wright, 924 South Seventh Street, requesting extension of permit to park a mobile home. Councilman Molds: I move we grant him an extension of six months. Councilman Powell: Mr. Thompson, has he lived up to his agreement? Building Inspector: Yes; I would recommend that the extension be granted. Councilman Powell then seconded Councilman Nolde's motion to grant an extension of six months. From Raymond Law, Washington County Sherrif's office, requesting that he be relieved of the responsibility of setting up voting machines, as his schedule no longer permitted him to do so. Mayor .Charlsen: We can probably get somebody in the Police Department to set them up; we will take this up later. From Thorsen, Thorsen & Lawson (two letters) regarding -earnest money contract on the Fred Pino property, stating in part, "we must regretfully inform you that we will have to start suit for specific performance unless we can be notified immediately when payment will be made". Mayor Charleen: Our intentions are good, but possibilities are very poor at the present tine. Councilman Nolde: It's hard, when you have law suits pending, to get involved in more law suits. Now many do we have now? City Clerk: We have five law suits pending against the City. Mayor Charlsen: If they win, we will probably go below the money we need for the assessment. Councilman Nolde: On those nine that we deleted, if we don't settle with them to their advantage we will probably have nine more law suits. I hope that Thorsen, Thorsen & Lawson can understand the problem that we have gotten our- selves into here. City Attorney: The difference between this earnest money contract and an option was explained to you the day Fred Pino was here. (The Fred Pino earnest honey contract was taken out of the file fsr Council inspection; there was some question as to whether or not Mrs. Pino had signed this contract or not). m'304 (February 11, 1964-continued) r Mayor Charlsen: The contract hasn't been completed and it looks as though it isn't a legal piece of paper. City Attorney: I will call Rod Lawson tomorrow morning; if they cannot pro- duce the original it's because there is none. Mayor Charlsen: We can take no action on these letters now. COMMITTEE REPORTS Councilman Simonet: We wrote to Mr. Tom Radle in connection with the property for a new dump site; we asked him to give us an offer on the property, but as yet we have not heard from him. I talked to Henry Radle and he was going to take some of this information up to his son; we hope to have some indication of what he wants to do. He did tell me that it could be used only for a period of five years, which surprised me. It still is in the formative stage and we have to get a reply from his son before we can do anything. Councilman Simonet: We have been having some trouble with tree removal as far as our boulevards are concerned. We should establish some sort of policy for the future. City Engineer: The question is, what fund does 'tree removal' come out of. It has been coming out of roadways. Councilman Simonet: Zoller takes them down, is that correct? I know that in the past some of his bills have been rather high. Councilman Nolde: What happens if we have no funds available to do this job? City Engineer: I don't know. If someone wants a tree removed in front of his house, he calls the park board. Councilman Nolde: Ask the City Clerk to inform the park board that any future action taking place from their office, they will receive a bill for it. I actually don't feel that the park board should have this authority if they are not going to use their funds. Councilman Simonet: Let's refer this to the City Attorney and find out whose responsibility the trees are. Mayor Charlsen: They are the responsibility of the park commission. Councilman Powell: As long as Councilman Iverson is in charge of parks, couldn't he handle it in conjunction with the City Engineer? Councilman Nolde: Any trees to be taken down should then have the approval of the Council. Mayor Charlsen: To my knowledge there has never been a park commission, has there? City Clerk: It is my understanding that in order to have a park commission, you must first establish a park district, and we do not have a park district. City Engineer: It is my understanding that Mr. Wilson refers requests for tree removal to Mr. Neumeier. On motion of Councilman Powell, seconded by Councilman Iverson, the City Attorney was instructed to investigate this matter. aroan • • (February 11, 1964-continued) 305 • • Councilman Simonet: The Engineer informs me that he is able to pick up a used aerial ladder from the Northern States Power Company which can be put on the 3/4 ton Dodge pickup. They are willing to sell it to the City, and Ron feels that it is a good buy. You want authority from the Council to buy it, correct? City Engineer: I feel it would have its uses, yes. On motion of Councilman Powell, seconded by Councilman Iverson, the City Engineer was authorized to purchase the ladder. Councilman Powell: I received a letter from the Underwriters Inspection Bureau which stated in part that twenty volunteer firemen are required to maintain our Class Five rating. This is slightly nnre than we have responding now. For a Class Six rating we need an average response of twelve volunteers. 10 change classifications would almost certainly result in an adverse affect on the insur- ance classification. A change would not bring about any increase for dwellings; but would increase 5% to 8% for public buildings. The Bureau recommended that the city apply every effort to maintain a Class Five rating. • We had a discussion about what could possibly be done about cutting down the cost of fire protection. We pay about 18 mills now. By exploring these possi- bilities, we do not mean that we intend to cut our fire department to hinder its operation in any way.- We are exploring the possibility of going into more volunteers and less paid help. It is presumed that about $17,000 would be saved; about 1/3 of what we are paying now. We are planning to have a meeting with the volunteer firemen to get their support, and we would like to have authorization from the Council to proceed with this matter for full study. After this we would like to have a public meeting. We wouldn't like to do this without the people of Stillwater completely understanding all about it. If the Council feels that they don't want to do it, it will be dropped. when it happens, it's not going to be kept a secret. I would like to explore it further, and don't feel I should unless the Council feels it's worthwhile. City Clerk: For the public's information, may I inquire how many paid fire de- partments are in the State of Minnesota for fourth class cities? Councilman Powell: There are two - one in Stillwater and one in Cloquet. Councilman Nolde: I certainly think Councilman Powell should be commended for all of the work he has put in on this program, but in order to get volunteers we are going to have to go up and down main street; if we turn around and increase their insurance rates, I wonder what their feeling would be when we ask them to give us some of their help to fight fires. Councilman Powell: It's workable in other cities. I think that any able bodied person should be a volunteer and would be proud to be a volunteer. City Attorney: How many cities in the fourth class have a Class Five rating? Councilman Powell: Stillwater and Cloquet. City Attorney: Is there any possibility that we may go from Class Six to Class Seven? Councilman Powell: There is always that possibility; I don't think we should do anything if we go below a Class six classification. City Attorney: If it should go to Class Seven, the residents would be affected slightly. Councilman Powell: i think it can be regulated so it can be at six and stay at six; we have until the first of the year to get these plans ready. Councilman Iverson: I move the councilman in charge be permitted to pursue this further. The motion was seconded by Councilman Simonet. • • (February 11, 1964-continued) e • Councilman Iverson: I have nothing to report. The Lily Lake survey is in process, but not yet completed: when it is I will report on it. Councilman Noldes I have the official reports from the public library here, and I feel that the Mayor and Council should go on record as commanding these girls at the public library, as they are dedicated and have done a wonderful job. On motion of Councilman Nolde, seconded by Councilman Iverson, the above commendation was approved. We have received 130 working hours from the County Welfare workers. In regard to recreation, the skating rinks are in pretty good shape; they seem to be using the one at Lily Lake this year more than last year. Mayor- Charlsens Next Tuesday, there will be a noon luncheon meeting of the Lions..:and 'Rotarians: the Chamber of Commerce =sabers have been invited to attend. This is also an . open invitation to the public for anyone who is interested in urban renewal. The speaker will be Mr. Roland Aaker of Montevideo, Minnesota,where they have made a lot of progress with urban renewal. It doesn't seem possible, but they have received 3.61 million dollars for urbanrenewal. Z vas in St. Paul a week ago Saturday at the invitation of Mayor Vavoulis and attended the night Winter Carnival Parade. At a reception later, they had a layout of the future City of St. Paul: it is unbelievable, but things are definitely planned. PETITIONS None DELEGATIONS OR INDIVIDUALS None UNFINISHED BUSINESS This was the day and time set for public hearing on Assessment, Local Improvement #43-1963, Project #2, sanitary sewer, watermain and services in County State Aid Highway #5, Dundee Place, Fairmeadows Road. The Clerk read the notice for hearing aloud. The Mayor inquired if the notice for hearing was published, and the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gazette, official newspaper of the City, on January 27, 1964. and a copy of same was mailed to all known property owners affected,on January 27, 1964. • • 3U1 • • The Mayor then opened the hearing. No one appeared for or against the proposed assessment; the Mayor then closed the hearing. (Adoption of this assessment postponed until hearing is held for Project #1). See resolution setting date for hearing. This was the day and time set for hearing on the following proposed improvement: Construction of 8" sanitary sewer and 6" cast iron water main Southerly in Borup Street from existing facilities in west Pine Street to City Limits. The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published, and the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gazette, official newspaper of the City, on January 27, 1964, and on February 3, 1964, and a copy of same was mailed to all known property owners affected. The Mayor then opened the hearing. Mr. John Herschleb 121 W. wilken Street I own a lot on Borup Street on which I hope to build. I wonder if it would be appropriate for the City Engineer to go over the proposed project and explain a little bit more about it. City Engineer: There is one thing in conjunction with this that I would like to bring up. Borup Street south of block 19 and block 20 has only a thirty foot right-of-way; it is conceivable at some future date that the property would be extended; however, we can get the sewer and water in with the thirty foot right- of-way; there is no question about that. Mr. Herschleb: For those that want to hook in now, would you encourage this? Could it be done at the same time, while the street is torn up? City Engineer: Yes. On occasion property owners have contacted the contractors doing the digging. - Mr. Emerson Lewer: There is no advantage in doing it immediately? City Engineer: No. Mr. Donald Hill: What about widening the street? City Engineer: That is up to the Council. It is not necessary that we do this now. Mr. Karl Mueller: What half of the street would the sewer be on? City Engineer: On the west half of the platted area; the water main is on the east end. Mr. Mueller: I have a 150 foot stretch on the west side of Borup Street, but I have nothing to gain. I can see no use for putting water and sewer up in there. Do you think the public will accept this and build homes out there? City Engineer: The public has petitioned for it. Mr. Hill: This sewer and water going in won't hook on to the school, will it? City Engineer: No; this is different. Mrs. Harold Pauley: Would the whole district be assessed or just the property along the way? Mayor Charlsen: That is coming up later. a • • • ! 3 008 • (February 11, 1964-continued) • • Mr. Lewer: The Engineer talks about widening the street: I would suggest he widen it to the west as much as possible. Would it not be feasible to think in those terms? Mayor Charlsen: That would be up to the property owners on Borup Street. would you people who own property on Borup Street be interested in widening the street at the same time the sewer is put in? It would be better to have a forty foot or fifty foot street laid out now rather than wait until people start building and then take their front yards off. City Engineer: I would say at least a fifty foot right of way. Mayor Charlsen: would you be interested in an estimated cost of a fifty foot street at the same time the sewer and water are put in? Mr. Hill: Now would be the time to start action on it - before anyone builds that line would have to be established almost. It would be better if the road could be widened out to the west. It should be decided before construc- tion is started. Mayor Charlsen: Getting back to the sewer and water, are there any objections to this improvement? Mr. Robert Eardley: I am in favor of it, but I have a reservation. When the bids are returned, they could be higher or lower than these estimated costs. I would like to go on record as establishing some percentage. If these costs were higher than the estimate, I would say that we should not go ahead with it. Mayor Charlsen: That would be rather hard to do. City Engineer: I don't think it would be necessary to set a limit: if the bids come in too high cvar the estimate, the Council would reject them. Nr. Eardley: In other words, if they were, say. 10% over the estimate, they would be thrown out? Councilman Powell: I would say that 10% would be a good figure. Mr. Halsey: Is this being assessed against benefited property? I couldn't put a dog house on miner am I going to be assessed? Councilman Nolde: I can't see how we can assess you. Mr. Halsey: Isn't there some legal limit in relation to property value? This is a matter of $400.00. Councilman Powell: If it were a part of the rest of the land adjoining it, it would be worth as much as anything else. Councilman Simonet: I don't think we can make any conmittment now that we are not going to assess it. Mayor Charlsen: I would say that you could almost expect an assessment on that piece of property. Is anyone here against the project? After all interested parties had been given an opportunity to be heard, the Mayor then closed the hearing. (See Resolution). Mayor Charlsen: Now, I would like to bring up the matter of a fifty foot right-of-way again. The engineer would have to get an estimate. Mr. Eardley: Would this fifty feet be from inside curb to inside curb? City Engineer: No. From property line to property line. Mr. Eardley: What would you actually recommend as the street width? • • • • O U 0 • • City Engineer: Thirty-six feet from curb to curb, with a fifty foot right- of-way. Mayor Charlsen: Are you interested in getting a fifty foot right-of-way through Sorup Street? Personally, I would think that you would want a finished street with storm sewer all at once. Mr. Hill: Personally. I would rather see that come at a later date; I would be in favor of getting the street graded through and graveled. Councilman Nolde: I think we should leave it up to the people; if they want it, they can petition for it. Mr. Eardley: I feel as Mr. Hill does. Mr. Herschleb: Let it go until houses are built. Mayor Charlsen: We will try to have an estimated cost by the March meeting. We will advertise for bids on sewer and water installation. Mayor Charlsen: The school board has approached the City Council regarding the installation of sewer. Some of you people own property on south west Street. What the school is interested in is to run a sewer down west street, down Pine and down to Sorup where the present sewer ends. Now, would you like to have a street oen r surface?p Thep from cost ofine thestreet south to the st street, the city wouldeputait?in.A wouldtbeith a about�avel $964.00. Mr. Herbert Peterson: Who would be assessed for the $900.00? Mayor Charlsen: I think the School Hoard would be assessed. They are the ones who are requesting that a street be opened. What we are trying to find out is if you property owners would be interested in it, and if you would be willing to pay an assessment for sewer and water extensions which would serve the new Lily -Lake School. What would your suggestion be, Mr. Peterson? Mr. Peterson: I am not in favor of it. Mayor Charlsen: Would you ever build on those lots? Mr. Peterson: I hope to, yes. Mayor Charlsen: You won't have sewer and water, then? Mr. Peterson: I have water now - from the water tank. Mayor Charlsen: You would be against this, then? Mr. Peterson: Yes. Mayor Charlsen: Mr. Thueson, would you be against it also? Mr. Thueson: Yea, I think so. Mr. Mueller: If a street were developed it might benefit the property, but what would I do with the trees? Councilman Powell: You would be against it, then? Mr. Mueller: I would. City Engineer: How does Mr. Pauley feel about it? He owns property there. Mr. Pauley: I am not in favor of it. • • • 3110 (February 11, 1964-continued) • • City Clerk: I believe at a meeting not too long ago, this was discussed. I believe at that time it was the feeling of the Council that the school district would pay the entire cost of sewer and water extensions and, in the event that property owners connected to the extensions some time in the future they would be required to pay a connection fee to the City in lieu of an assessment. Councilman Simonet: what is the school going to get back, then? City Clerk: They would get services. Councilman Nolde: This money would come back into the City. City Clerk: I can't find any provision in the law that would authorize a school district to collect a sewer and water connection fee from a private property owner. Mayor Charlsen: The Building Inspector would like to know what to do about the Schulenberg School. He has been approached by two persons who will tear down the building. Building Inspector: Dunker offered $25.00 for it. take it down for the salvage he can get out of it, If we can get someone to we should go ahead. Councilman Iverson: A motion was made and seconded at a previous meeting that the whole thing was to be turned over to the fire chief and let him handle it. Building Inspector: I think the sensible thing to do under the circumstances is to advertise for bids. councilman Iverson: Don't we have to rescind this other action? Councilman Powell: I move we advertise for bids to raze the Schulenberg School; this motion also includes rescinding the previous motion made at the January 7, 1964, meeting. The motion was seconded by Councilman Simonet. (Councilman Nolde was opposed.) City Attorney: In regard to the Edward A. Hoppe property on Second Street, (See minutes of December 10, 1963, meeting) Mr. Hoppe is a patient at Cannon Falls. I have written to him as to whether or not he is interested in selling his property. If you are interested in just getting rid of the building, I will talk to Mr. Lawson and see if we can get the building condemned. Building Inspector: Under condemnation you don't get the land. Does Mr. Hoppe have any heirs or relatives? If so, you will have to have the signatures of every one of them. City Attorney: I met with Mr. Juba of the Northern Pacific Railway Company. He pointed out that they would entertain a sincere realistic offer to purchase the property (which the City is interested in obtaining for parking purposes). There are no taxes on it; it has a value to them of about $5,000., but he recognizes that no one would ever pay that amount. He said that $2,000. or better would receive a favorable reaction from them. I would suggest that we write and offer them $2,000., but be broad minded enough to leave it open in case they want $2,500, Councilman Nolde: Are we sure that we are going to buy the Pino property? • • • • (February 11, 1964-contipufj # • Mayor Charleen: For the City's own good, we should own that railroad property anyway. It would be better if the City bought it now rather than wait until later. Councilman Powell: I hove that the City Attorney be instructed to offer the railroad $2,000 for this parcel ()fiend, twenty feet by ninety-eight feet. (Funds to be taken from the real property fund). The motion was seconded by Councilman Nolde. City Clerk: I would like to say before we go any further that the revenue from the sale of $200,000 parking facility bonds is now invested at 3.53, and we have collected, so far, $30.000 in assessments. City Attorney: What happens if you don't use parking facility bond funds for that purpose? What would you do with it? These bonds are callable. City Clerk: I find that the City can keep this $200,000 in escrow so to ;peak, and invest it. When these bonds are due we can take the money from the escrow account as if we had spent the money. City Attorney: Are we going to be faced with the necessity of making certain mandatory levies? City Clerk: No. Mayor Charlsen: Remember that this $200,000 borrowed for parking purposes can be used for urban renewal. - City Attorneys You have one earnest money contract that has to be resolved, and we did at one time have options to purchase other buildings. What are you going to do if they won't sell? You sold those bonds on the basis that specific properties would be purchased. Councilman Iverson: We don't have to buy any of those properties. NEW BUSINESS On motion of Councilman Powell, seconded by Councilman Iverson, the following collateral, pledged by the Farmers & Merchants State Bank/to secure City deposits. was released: and the Cosmopolitan State Bank, $5,000.00 I.B.D. #7, Carleton County, Minnesota, school Building Bond Series 'A', 3.50% dated 2-1-57;-due 2-1-64, numbers 41 through 45 - $1,000.00 each. (Farmers & Merchants State Bank) $5,000.00 County of Waseka, Minnesota, Drainage Bond of 1958, 2.80%7 maturity 12-1-64. (Cosmopolitan State Bank) $5,000.00 City of Fairmont, Martin County, Minnesota, 2.50%; maturity 2-1-64. (Cosmopolitan State Bank) and the following collateral was approved: $10,000.00 Minnesota I.S.D. #534, Stewartville, Minnesota, School Building Bond of 1963, 2.50%, numbers 56 through 65 at $1.000.00 each; due 2-1-69. • 312 • (February 11, 1964-continued) • On motion of Councilman Powell, seconded by Councilman Nolde, the following Library reports were approved: 1. Stillwater Public Library Annual Report - 1963 2. Public Library Statistical Report 3. Regional and County Library Statistical Report The Clerk reported that Mr. Ernest Peaslee, Sr. had suggested to the Council that they consider the matter of acquiring property owned by him directly south of the Auditorium building (for parking purposes) at a cost of $15,000. On motion of Councilman Simonet, seconded by Councilman Nolde, the matter was tabled. The Clerk reported that a Summons E. Complaint was served on him in the matter of Josephine Garavalia vs. the City of Stillwater, Alexander Construction Company, and General Structures, Inc., in the sum of $1,500 and $100. (copies of Summons and Complaint were mailed to the Etog Agency and the City Attorney on January 23, 1964.) On motion of Councilman Powell, seconded by Councilman Iverson, the following assessment roll was approved: Local Improvement #44, 1963, Street Surfacing on South Water Street from East Chestnut Street to East Nelson Street. (See Resolution) On motion of Councilman Nolde, seconded by Councilman Powell, the following insurance policy was approved: Insurance Policy #BM 036-7760, issued by the Employers Group of Insurance Companies, covering boilers at the fire station and library, in the sum of $100,000 each. (premium - library: $205.04 for three years; premium - fire station: $350.72 for three years). On motion of Councilman Nolde, seconded by Councilman Powell, the following insurance policy was approved: Insurance Policy #IMF 48-92-21, issued by Aetna Insurance Company, covering aqua lung and miscellaneous equipment stored at Lily Lake Beach, in the sum of $250.00; also covering aqua lung and miscellaneous equipment stored at the Legion Beach, in the sum of $250.00. (Premium - $15.00 for three years). Mr. Chester Wilson suggested to the Clerk that regular inspections be made of sidewalks and stairs throughout the City. He stated that the Main Street stairs are in very bad condition and that someone is apt to have a serious accident unless something is done to repair the condition as it exists. City Engineer: Mr. Wilson called me and we checked the stairs the same day, but nothing can be done about them. Mayor Charlsen: Do you have it on your agenda to fix them when they can be fixed? City Engineer: Yes. BON • • • (February 11, 1964-conti3 eFc • • Rana The ring asked for Alexander Construction eCompany v ine to nnectiono the ewith the r of eMyrtle asing t Street he Id covering Cmtrovndent, and Alexander that he did not any inftheis matter ofnd uldthe claimtthe mity and the nrs Construction Ceny Inc.). sub- mitted by the owners and employees of the Victorian (Wilco, City Attorney: Send the bond to me and I will check it over. On motion of Councilman Powell, seconded by Councilman Simonet, the engineer's report covering activities during the year 1963 was approved. On motion of Councilman Powell. seconded by councilman Simonet, the operational report on the waste treatment plant for the year 1963 was approved, On motion of Councilman Simonet, seconded by Councilman Powell, the Clerk was directed to advertise for bids on rock salt for use during the 1964-1965 season. The Clerk requested that the Council discuss setting up a definite Local Improvement Program for the year 1964. City Clerk: We have hoped that petitions for improvements would be submitted to the Engineer's department no later than atNo�Tmbnrto0thisf each year, is the cut off date, but no one pays any Councilman Powell: Wewill just have to enforce it more. Councilman Nolde: I move we let this go until the next meeting. Councilman Powell: Advertise to the people that if they want work done, they have to have a petition in before November 30th. City Clerk: I have mentioned this at least three times every year with the hope that some day. something could be worked out. Mayor Charlsen: Well. keep it in mind. The Council suggested the following items as proposed Charter amendments: 1. Councilman Simonet: Raise in salary for the Mayor and possibly the Council members. r Charlsen: - Consolidation of Water Board into City 2. Mayo offices. Increase Mayor's contingency fund. 3. Councilman Nolde: - mull - Claims submitted against the City 4. City Attorney: show that the City had knowledge of the defect which caused the accident. - Include Mayor and Council under City medical and hospitalization program. (City Attorney 5, Councilman Nolde: is to check on this). Change method of payment on assessments from 6. City Clerk: ten to twenty years for local improvements. 7, City Clerk: Abolish female ballots. _ Simplify present provision setting forth method B. Councilman Iverson: of filing for public office. Create park district and park commission. 9. Mayor Charlsen: • Can • • 3141 (February 11, 1964-continued) e Councilman Nolde: Let's meet with the department heads and see if any Charter provisions are holding their departments behind. City Clerk: We have an ordinance now that has certain provisions regarding plats; our Charter provides for filing of plats and you cannot change the Charter by ordinance. Councilman Powell: Then, the Charter should be brought up to date. On motion of Councilman Powell, seconded by Councilman Iverson, the following were appointed Auxiliary Firemen for the year 1964: David Linner John Sherin Charles Kruse Kelvin Blodgett Vincent Tumbled Irvine London Jerome Klawitter William Clemings William Murray John McDonald Jack Doerr James Cook David Chial Richard Colemier Richard Powers Michael Glass Dale Krongard Philip Gerlach Arnold Haas, Jr. Edward Conlon Charles Glaser Louis Garavalia, Jr. James F. Placzek On motion of Councilman Powell, seconded by Councilman Simonet, the Building Inspector's report covering activities for the month of January, 1964, was approved. On motion of Councilman Nolde, seconded by Councilman Powell, the following sewer rental charges were fixed for the year 1964: 2-515 Karl Neumeier (Stillwater Realty Co.) $17.38 (leaky toilet) 5-345 Cora Northey, 517 S. Second Street $ 5.00 (leaky faucet) ORDINANCES On motion of Councilman Simonet, seconded by Councilman Powell, it was decided to postpone the second reading of the following ordinance: "An Ordinance Determining the Annexation of Certain Land to be in the Best Interests of the City of Stillwater and of the Territory Affected, and De- claring Same to be Annexed to the City". (School property near Lily Lake) Mayor Charlsen: I would suggest that the City Clerk write to Tom Campbell and explain to him that the property owners abutting on the land affected by this ordinance are not in favor of the installation of sewer, and do not want it. The majority are opposed and therefore the Council cannot take action on it. Tell him that those property owners were present at this Council meet- ing for a hearing on a different project, so it was decided to question them about this matter at the same time. Councilman Powell: It wasn't decided how we are going to pay for the street. Councilman Nolde: We could pay the $900. for the street if they would pick up the whole cost of the sewer. If it is to be done, it will have to be done at the expense of the school district. • e (February 11, 1964-continued) 31_ 5 • • RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the Payment of Bills. On motion of Councilman Powell, seconded by Councilman Iverson, action on passage of the resolution adopting Assessment Local Improvement 939-1963, (South Everett Street) was postponed until such time as Mr. Ritzer presents a plat to the Council for approval. (The descriptions in the assessment roll do not agree with the descriptions in the abstract books in the County Auditors Office). 2. Adopting Assessment Local Improvement No. 41-1963. (West Moore Street) 3. Adopting Assessment Local Improvement No. 46-1963. (Oak Ridge Road) 4. Adjusting Compensation of Police Officers. (Cartony, Fredricksen, Riley, Henke and Conley) 5. For Hearing on Proposed Assessment, Local Improvement No. 44-1963. 6. Designating Title of Policemen. (Cartony, Gedatus) 7. Ordering Sanitary Sewer and Watermain Improvements, Approving Plans and Specifications and Directing the City Clerk to Advertise for Bids. (Borup St.) 8. Approving Employment of Bookkeeper. (DeLoris J. Larson) 9. Appropriatins. Funds to Stillwater Armory Board. 10. Accepting Bid and Authorizing Execution of Contract. (Street Dept. Truck) 11. Accepting Bid and Authorizing Execution of Contract. (Sanitation Dept. Truck) ADJOURNMENT On motion of Councilman Nolde, seconded by Councilman Powell, the meeting adjourned at 12:30 A. M. Attest: City Clerk Mayor dd e • • . 31 C3 r-- s • Council Chamber Stillwater, Minnesota February 25, 1964 8:25 P. M. Special Meeting The meeting was called to order by President Charlsen. Present: Councilmen Iver son, Nolde, Powell, Simonet, and President Charlsen. Absent: None The following items were discussed unofficially between 7:30 P. M. and 8:25 P. M.: 1. Closing of pool room on South Main Street by the Chief of Police due to fights among juveniles, and because empty bottles were thrown to the sidewalk from the second story windows. 2. Appointing members to the Rousing & Redevelopment Authority, (Urban Renewal). No action was taken on the foregoing matters prior to 8:25 P. M. The Mayor then put the question, "Shall the Council appoint a Housing & Redevelop- ment Authority at this time?". - - Councilman Simonet stated that it would probably be a good idea if the Council would appoint two members to the Housing & Redevelopment Authority and have the Chamber of Commerce suggest two additional members to the Council for appointment. Councilman Powell felt that it would be a good idea to appoint the committee as soon as possible, but he also felt that the Council should have the full support of the Chamber of Commerce as soon as possible. On motion of Councilman Powell, seconded by Councilman Nolde, it was decided to appoint a Housing & Redevelopment Authority consisting of a director and four mem- bers. Councilman Iverson voted, No, on this motion. He stated that he was opposed to any federal assistance and that was his reason for voting, No, on the foregoing motion. Councilman Nolde suggested that the Council consider the appointment of Robert McGarry for the position of Director of the Housing & Redevelopment Authority. Councilman Powell stated that in his opinion, Mr. McGarry would be a good man for this job. Councilman Iverson restated his position and said that he did not want to have any- thing to do with urban renewal. Councilman Nolde then nominated Robert McGarry for the position of Director of the Housing & Redevelopment Authority. There were no furfer nominations for this position, and on roll call, Councilmen Nolde, Powell, Simonet and President Charlsen voted, Yes: Councilman Iverson voted, No. The Clerk was then instructed to cast a majority ballot for Robert McGarry for the position of Director of the Housing & Redevelopment Authority. The Clerk did thereupon cast a majority ballot for Mr. Robert McGarry. Mayor Charlsen then stated that he would strongly recommend the appointment of Judge John McDonough and Harold Hohlt to serve as members of the Housing & Redevelopment Authority. Councilman Nolde then nominated Judge John McDonough and Harold Hohlt to serve as members of the Housing & Redevelopment Authority. • • • • • (February 25, 1964-continued) • Councilman Powell nominated Jack Lay and Joseph Rosell to serve as members of the Housing & Redevelopment Authority. Upon roll call, Councilmen Nolde, Powell, Simonet and President Charlsen voted, Yes, on the four nominations proposed by Councilmen Nolde and Powell: Councilman Iverson voted, No. The Clerk was then instructed to cast a majority ballc for Judge John McDonough, Harold Hohlt, Jack Lay and Joseph Rosell to serve as members of the Housing & Redevelopment Authority. The Clerk did thereupon cast a majority ballot for Judge John McDonough, Harold Hohlt, Jack Lay and Joseph Rosell. The Mayor inquired of the Council members as to how they felt about postponing action insofar as the actual construction of parking lots. He explained that it might be a good idea to hold off with this work until the newly appointed Housing & Redevelopment Authority could study the over-all plans for the business district. The majority of the Councilmen agreed with the Mayor in regard to this matter. Councilman Iverson stated that in his opinion, we should hear both sides of the story in connection with urban renewal before proceeding. Mayor Charlsen then presented a type -written questionnaire which was prepared by the Junior Chamber of Commerce, which they call a business survey. After viewing the questionnaire, the Council members felt that this might be a good idea, and therefore the form was approved. Mayor Charlsen informed the Council members that invitations had been mailed to all of the township and village officials in Washington County to attend a meeting at the City Hall on March 3, 1964, at 8:00 P. M.: the purpose of this meeting is to discuss the matter of forming a Washington County league of munici- palities. ADJOURNMENT On motion of Councilman Powell, seconded by Councilman Simonet, the meeting adjourned at 10:30 P. M. Attest: City Clerk ele?-L4C,.v Mayor m e 3118 • • Council Chamber Stillwater, Minnesota Special Meeting March 3, 1964 7:30 P. M. The meeting was called to order by President Charlsen. Present: Councilmen Iverson, Molds, Powell, Simonet, and President Charism. Absents None. A copy of a letter from Mr. Tom Radle was given to each Councilman; Mr. Radle informed the City of Stillwater that he was not interested in selling his property to the City for a new dump site (see minutes of January 7, 1964 under Committee Reports, Councilman Simonet), as it would be detrimental to the surrounding residential area. Councilman Simonet: well, that takes care of that: Mayor Charlsen: The Parking Committee held a meeting this afternoon; they came up to talk to Les on my recommendation. (The Mayor then read the minutes of the Parking Committee meeting.) The City Clerk and I took it upon ourselves to go and talk to Reg Kilty today; we had quite a conversation with him. He would still be willing to sell hie property to the City (the back eighty feet of his property) for the same price he quoted the parking committee - $30,000. He wants forty feet east of Main Street (part of the Humphrey property) and he would pay one-third of the cost of the Humphrey Building. Councilman Powell. You are figuring, then, on not buying the Erickson Building? Mayor Charlsen. Yee, we would buy the Erickson Building too. Councilman Powell: Why do you want this Kilty property? Mayor Charism: Because we have two separate lots with this property in between. Councilman: Powell: Why couldn't you get by without the Erickson Building or the Pino Building? Isn't that enough parking lot in one spot? Councilmen Nolde: Where is the money going to come from before we go any further? City Clerks The members of the parking committee felt that it might be wise if the Kilty property could be purchased; we could perhaps take a loss on the Pino property. City Attorney: Nothing whatsoever was mentioned in the Pino earnest money contract about a loss: If the City of Stillwater buys the Pino property and pays the agreed sum for it, it will only be a matter of a few months or so that we could turn around and sell it for a good profit. Pino had the opportunity to sell that property for $35,000, but he turned it down because it came too easy; he tried to raise the price. How much does Mr. Kilty want for his property? Mayor Charlsen: $30,000. City Attorney: He wants $30.000 for the back eighty feet? • • • e 319 e e Mayor Charlsen: Yes - eighty feet by sixty-two feet. plus, he wants forty feet of the Numphrey property and would pay us one-third the price of that property; he is using the Erickson Building as a base for evaluation. Councilman Powell: If you maks this deal, all the property from Commercial Avenue down to the end of Eilty's property would be subject to an assessment. Did the parking committee urge us to go ahead with the parking lots? Mayor charlsens Yes. The reason it has been brought to a head is because some of the people who were assessed and have already paid may bring a citizens suit against the City because no work has been started on the parking lots. Councilman Nolde: We're going backwards on this thing; just last week we de- cided to wait on this until the Rousing and Redevelopment Authority could study it. I think we should get started. yes. but I think we should have some plan- ning. Councilman Powell: The parking doesn't have to go under urban renewal; it was instituted prior to urban renewal. Can we get the benefit of our $200,000 if we proceed now? Mayor Charlsen: Yes. I talked to Mr. McGarry today, and as soon as he has become acquainted with the plan, we will have Mr. Binford up here from Chicago, and he will talk to the Council and the urban renewal committee as a whole. Councilman Powell: Getting back to the parking lot: what would be wrong with approving assessmanta as proposed and getting the show on the road once more, without actually doing any wrecking. Councilman Iverson: We could go ahead with parking without doing anything about those nine deletions. Councilman Nolde: Let's have a public hearing on those that we deleted to show the public that we are 'still in business'. City Attorney: You're going to be hard pressed to explain to the court why Maple Island has such a large assessment. Councilman Powell: If we are going to give concessions to these other people, we can be pretty sure that Maple Island will get some concession in court. Councilman Simonet: It is my understanding that it doesn't matter who is taking this to court; that has nothing to do with our proceeding or not proceeding. What I would like to have done a long time ago is stop this thing and throw the whole thing back into the hands of the parking committee and let them come up with,a fair assessment. Councilman Nolde: I, at this time, would like to put in a plug for our City Engineer. It seems that when the heat was on downtown they blamed it on the City Engineer, but actually the parking lot committee sat down with him and they made the recommendations as to how much everyone should be et I don't think the Engineer should take the blame for it. Mayor Charlsen: He isn't as far as we are concerned. Councilman Nolde: But. no one is defending him. Councilman Iverson: Do we want to go ahead on the parking. first of all? councilman Powell: I thought it would show that we are going ahead by having a hearing on these nine deletions. If we start tearing down buildings we will have to start marking time. Mayor Charlsen: We started on this parking when we borrowed the money - from the time I signed those bonds on December 30, 1963. Councilman Iverson: In other words, if we want to do anything now we should just go ahead and do it. • boo • • :120 • (March 3, 1964-continued) r • Mayor Charlsen: The only thing that bothers me is paying $45,000 for the Erickson Building. Say that Kitty decides to go out of business and sells to someone Who will put a building in dawn there; then it to cut off from Water Street to Main Street. Parking, as far as the Erickson Building, wouldn't amount to a hill of beans? there would only be room for about twenty-four cars. councilman Powell: Mr. Mayor, I move that the City Attorney be instructed to take care of the necessary legal steps to acquire property which has been optioned in the original packager by that I mean the original three we were talking about (Erickson, Humphrey and Pino buildings), and also that the City Attorney be instructed to negotiate with Mr. Kilty for the purchase of his property for the best price possible. Councilman Molds: where is the money coming from to purchase the Kilty property? Councilman Powell: The thing I look at is the Erickson property by itself isn't ton desirable, by leaving Pino out it makes it small too. Why not include it and make a nice big parking lot out of it? We'll give Kilty the land he wants, and if at all possible, try to buy that back eighty feet for $20,000 instead of $30,000. Mayor? Charlsen: There will be a lot of criticism about giving Kitty such a good break. Shouldn't you include in your motion the Peaslee property? Councilman Powell: Include all property set up originally. plus allowing the City Attorney to negotiate for the Kilty property. Mayor Charlsen: How much is the Peaslee property? City Attorney: $57,000. Councilman Iverson: we will probably have to negotiate for all of those' buildings again. City Attorney: Not t they are willing to sell. Councnman Powell:. The motion I made is that the City Attorney be instructed to negotiate for the property that we had planned on buying originally, but to aloo try to negotiate for the purchase of the Silty property at the best price possible? this includes all the land we were dealing on. Councilman Iverson: Could the City Attorrey make an arrangement with Mr. Kitty? Go along as originally planned, then make some kind of agreement with Kilty that when we acquire the property on both sides of him. we will then work something out. Councilman Powell: I agree, but I think we should see Kilty first. Councilman Iverson: Get this pinned down. Councilman Powell: Pin down the Kilty property first. Councilman Iverson: How about doing that? Mayor Charlsen: It sounds alright to me. Councilman Simonet: Yee, it sounds alright. City Attorney: I would suggest that, instead of my talking to Kilty, why don't you (City Clerk and Mayor) go back and talk to him? Get your figures and your understanding and then I will take it from there. City Clerk: There is no question about it that you will have an excellent parking facility if you get all of those parcels down there. Councilman Holde: Sy the time we have our next meeting, we should be able to do something. • • • • • (March 3, 19b4cont1nue?jn..f • • City Attorney: You have figured out that the Kilty land turns out to be about 56.00 per foot; when you sae Kilty, state that it is immaterial what you are paying for the Humphrey building; you desire $6.00 per square foot for this roperty on vvaluartyable• than theHe 't backll ofyou histhat the own property. Itphrey pi probably woon rthtaset is s: much as 40% to 50%. Just negotiate with him and see what comes up. Mayor Charlsen: Well, you heard the motion; is there a second? Councilman Molds: wouldn't it be advisable to have the Kilty property before we start negotiating? City Attorneys For various and sundry reasons, I would like to be excused from negotiating with the Erickson: on their property; let the Mayor or City Clerk or one of the mp Councilmen mightdo lietwith them;ew uit swith only fairthe to tellkyousand that.I think my sympathies Councilman Powell: The fact that you are an employee of the City makes you bound to do this. If we have a city attorney to handle these things, that is what he should do. Mayor Charlsen: How much negotiating will it amount to? City Attorney: I don't know; I will go, but if he doesn't go below $45,000 I don't want anyone to say that it was my fault. Mayor Charlsen: I made the statement that it is in excess of the value, but that is my personal opinion. The intent of this motion is that we go ahead and make the purchase as it was offered to us on the options - for $45,000. You don't have to try and get it below $45,000. Councilman Powell: I am going to withdraw my motion, and I would like to move that the members of the City government who were negotiating with Mr. Kilty resume their negotiations to buy the llty property. Councilman Iverson: I will second that motion. Councilman Powell: If anything has transpired by next week, then we can make another motion. If we don't get Kilty's property it will be a poor investment to buy Erickson's property. Mayor Charlsen: Do you want to instruct the Clerk to advertise for a hearing? Councilman Simonet then introduced the following resolution and moved for its adoption: Resolution No. 2609 entitled, " Resolution For Hearing on Proposed Assessment Parking Facilities Improvement"; which motion was duly seconded by Councilman Powell and upon roll call the Council members voted as follows: Councilman Iverson: Yes Councilman Nolde: No Councilman Powell: Yes Councilman Simonet: Yes President Charlsen: Yes Mayor Charlsen: What about these omissions on the assessment roll? We should take care of them. We will assess Hooley's super market for 73.20 feet on Myrtle Street; the entire side of the Cosmopolitan Sank on Myrtle Street; (120 ft.) the Cavern Inn for twenty-five feet. and Sherman Gordon for twenty-five feet. The Hearing on the assessment will be held on April 7. 1964, at 7:30 P. M. Mayor Charlsen: In order to get our local planning agency going, they have to file an application with the State establishing a Housing and Redevelopment Authority for the City of Stillwater. Councilman Powell: I move this resolution be drawn subject to the City Attorney's approval. The motion was seconded by Councilman Nolde. • • e (March 3, 1964-continued) • • City Attorneys This cones under the classification of a housing end redevelopment authority in the Statutes; provisions for residential areas are shown, but nothing is stated about commercial redevelopment. Mayor Charlsen: Contact Robert McGarry and he will give you the name of the man to contact in St. Paul who will answer any questions you may have. City Attorney: You may have to have a public hearing on this also. Councilman Powell: I will withdraw my motion. Councilman Simonet: Let the City Attorney investigate and report at the next regular meeting of the Council. City Attorney: Alright, I will report next Tuesday night if I can get the answer from the people in St. Paul. Mayor Charlsen: Mr. Knapp, the regional real estate officer for the post office department, and two engineers were in my office the other day. They are going to go ahead with a new post office in this community; they have their orders. They are definitely interested in this property as the site for the new post office, and would like to have a full 150 feet on Third Street. If they have 150 feet by 150 feet that would mean removal of the fire department from its present location. They looked over the garage building behind the firedepartment and recognized it as a new building. They.. talked to Ron and he showed them tl;e layout of our property. The Fire Department could be put along Fourth Street facing Myrtle; they would have more room and would have an entrance facing Fourth Street and one facing Myrtle Street. Mr. Knapp called me back and said that no committment was necessary at this time; however, a resolution is necessary stating that the City of Stillwater is interested in the purchase or expansion of the property on which the post office is now located, at a fair market value. The old post office will be declared surplus. They need this resolution only to allow their appraisers to come in and evaluate this land. Councilman Simonet: They would take the fire department and the City Hall? Mayor Charlsens Yes. They would want to keep the garage building and would pay the full market value for it. They have looked around downtown, but most sites are too expensive. Councilman Nolde: What do they think they will get this property for? Mayor Charlsen: Whatever their assessors think it's worth. Councilman Simonet: Let them come in and do what they want; we would not be committing ourselves. I think we should entertain any kind of an offer. Councilman Nolde: Rather than prolong it when we are actually not interested in giving it up, they should be spending their time across the street or at some other site. Councilman Iverson: Yes; there are sites other than this one. Councilman Powell: We can't say we're not interested in giving this up. Councilman Nolde: If we give up this property will we be moving to the old post office? Councilman Iverson: And what happens to the fire department? We will have to build a new one: councilman Noldes Before we draw up a resolution we should find out if we are willing to give up this property and if we are, what we will do. • • • w (March 3, 1964-continued),3 28 • • -- Mayor Charlasn: I suggested this site to them in the first place. Councilman Simonet: There is nothing wrong with letting them start a preliminary investigation. Councilman Nolde: With urban renewal, wouldn't it be nice to have a new post office downtown? Couldn't we tie this in with urban renewal and gat together with Joe Earth and Eugene McCarthy and let them know that we are interested in progress. City Clerk: I hope the Council is very careful on this move; I don't know if anyone knows the need for parking as much as those of us who work in this building. here is not enough parking space now. Mayor charlsen: It won't be too long before you're going to have to put a new roof on this building. City Clerk: If the old t fice could be purchased parking facilities, o that wouldfreally be making progress:from the government for Councilman Powell: I think we should show them our willingness to cooperate. Councilman Iverson: We would indicate that we are willing to go along with them if we pass this resolution: Councilman Nolde: I certainly don't want to stop progress: I would even take th Wit hatpI am myself asking nowyis,dget do weMcCarthy and really want tormoveover outhere discuss this. of here? Councilman Simonet: I can't see any harm in letting them proceed; they have to have something to work on. Councilman Nolde: This is the question before us. Are we interested in buying their old post office? Councilman Powell: May I suggest that we let this go until our regular meeting next Tuesday? We can Bleep on it. Councilman Simonet: Couldn't we have the resolution drafted that the City of Stillwater is definitely interested in getting a new post office in the City and we invite the government officials to come in and appraise the City Hall property and the present post office, and to negotiate with the City. I move that the resolution be adopted to embody these terms. Councilman Powell: The Council is in accord with the buildingof anewhpost stst office: if the government assessors want to appraise our propertyn doffice property, we have no objections. City Attorney: And the federal government may, if they so desire, appraise City owned property; the City is willing to let the federal government come in and appraise any local property. On roll call. the vote was as follows on the resolution proposed by Councilman Simonet: Yes: 5; No: None. City Attorney: I talked to Mr. Juba of the Northern Pacific Railway Company. We offered $2,000 to purchase the railroad property; they would prefer to lease rather than sell. but they did give us a sale price of $2.900. Por $2.900 you would be getting 1.000 square feet of land for about $2.00 per square foot. You can quibble and try to get them down to $2,500, or you can pay the $2.900 and perhaps create some good will as far as future negotiations are concerned. I would suggest that you pay the $2.900. Councilman Nolde: If we don't buy the Pino property, this railroad property will be no good to us, will it? City Attorney: If you don't buy it. you still have 20 feet by 50 feet which can be used for in -parking. • • • 3:24 (March 3, 1964-continued) • • Mayor Charlsens Place this on the Agenda for March loth - passage of a resolution to purchase this railroad property for $2,900.00. Mayor Charism: The meeting to discuss a proposed Washington County league of municipalities is now set for March 16, 1964, at 8s00 P. M. in the City Mall. (Postponed from March 3, 1964). City. Clerks The Mayor suggested that I contact the Minnesota League of Municipalities to see if there would be any objections to a Washington County league. As far as they are concerned there would be no objections; but :they ;lei running into a few problems. The Hennepin County league of municipalities ischarging the same amount of dues as the State League, and they would dike to ham someone here on our meeting night to see that it doesn't get out of hand as far as dues are concerned. Mayor Charism: My thinking is that we will not charge any dues: we will just get together every so often and discuss our problems. AATWR•MEST On notion of Councilman Iverson, seconded by Councilman Simonet, the seating adjourned at 10:28 P. M. Attests aut Mayor • • (March 10, 1964-continued) 3 n �' • ..... Council Chamber Stillwater, Minnesota Regular Meeting March 10, 1964 4:30 P. M. The meeting was called to order by President Charlsen. Opening prayer by the City Clerk. Present: Councilmen Iverson, Molds, Powell, Simonet, and President Charlsen. Absent: None On motion of Councilman Powell, seconded by Councilman Nolde, minutes of the following meetings core approved: Regular Meeting Special Meeting February 11, 1964 4:30 P. M. February 25, 1964 8:25 P. M. APPLICATIONS On mtion of ff Beero oLicense wwaas granted8to C. H.FFelix b4133 South Greeley Street,ndy Councilman Iverson, an on e 3.2 on the second reading of the application. ilman olde. On and Off Sale 33..2 BBeermotionLicensesof ciman Powell. seconded were granted to 8. James yMeister,, 901NSouth Fourth Street, on the second reading of the applications.. An application from Arnold Deno, 215 North William Street, for an Off Sale 3.2 Beer License was read and automatically carried over to the next regular meeting of the Council due to location in a residential area. Applications from Patrick S. white, 603 W. Churchill Street, for On and Off Sale e 3.2 Beer Licenses were read and automatically carried over to the next regular meeting of the Council due to location in a residential area. On motion of Councilman Nolde, seconded by Councilman Iverson, a Junk Dealers License was granted to Sherman Gordon, 233 East Nelsen Street. On motion of Councilman Powell, seconded by Councilman Molds, a Junk Dealers License was granted to Harry Thompson, Bayport, Minnesota. On motion of Councilman Powell, seconded by Councilman Molde. a Second Hand Dealers License was granted to Richard Slachta, 223 South Main Street, subject to approval of the Chief of Police. On motion of Councilman Iverson, seconded by Councilman Nolde, a license to Haul Things to the Dump was granted to Karl A. Schmoeckel, Route #4. Stillwater. Minnesota. • 32A- (March 10, 1964-continued) • • On motion of Councilman Powell, seconded by Councilman Molds, Donna Jensen. Route 4112. Boom Road, Stillwater, Minnesota was granted permission tow sell Watkins Products in the City of Stillwater, and she need not comply Ordinance No. 380 insofar as fees are concerned, provided no complaints arc received from residents regarding door-to-door sales. On by an mits for bencheson of at thelman followingloccations weredrenewd formthelU. S.nBench Corp.: (Fee - $30.00) NW corner - Chestnut and Main NW corner - Pine and Third SE corner - Water and Myrtle SW corner - Third and Chestnut NW corner - Fourth and Churchill NW corner - Third and Myrtle An application was received from Midwest Enterprises, 5152 Washburn Avenue South, Minneapolis. Minnesota, for a dance permit; this group requested a permit to hold a dance at the Stillwater Armory on April 3, 1964. On motion of Councilman Iverson, seconded by Councilman Powell, it was de- cided to have Chief Sanders investigate this matter; also their representatives should be contacted and asked to appear before the Council to relate their background and give the Council more information regarding the dance they wish to hold. On motion of douncilman Iverson, seconded by Councilman Nolde, an Off Sale Liquor License was granted to J. L. N., Inc., 302 South Main Street, for the l of the quor ntrol An • endors4mentbject to the to original suretyabond ea-477 88210was also proven. d. Mr. James Porter. Jr., 1509 W.Pine Street, requested permission to operate a photography shop at the same address, and would like to canvass door-to-door taking pictures. On motion of Councilman Nolde, seconded by Councilman Powell. the matter was referred to the Building Inspectorh Zoninginstructions OOrrdinan e; cto the mattertwasose alsotudy referrd to sae if it will comply to the Chief of Police. COMMUNICATIONS From Mrs. Myrtle Kahl, Secretary, Parents Club of St. Croix Loggers, in regard to trees planted by 4H Club members in past years on the Schulenberg School property. Mrs. Kahl requested that the Council attempt to save these trees in the event the old school building is torn down. Mayor Charlsen: That should be included in the advertisement for bids; the trees should be preserved as there are some beautiful trees on that property. From the Northern States Power Company announcing new and lower rates for electricity in residential areas. Thevendcreae unts toe2.15% this risddue et t ttax credits his is the ereceivede fromssince 1 Clerk theFedera10overnmment. • • e (March 10, 1964-continue042 � . e • Copy of a letter from Bannister Engineering Company to the Minnesota Water Pollution Control Commission in regard to swage treatment facilities. City Clerk: The commission is putting on pressure for a secondary treatment: Bannister, our consulting engineers, merely replied to their request. Copy of a letter from the Minnesota Department of Health to John Shelton in regard to the annual report submitted by him on the operation of the Stillwater sewage treatment plant: which letter requested additional lab experiments. City Clerk: I presume Jack is complying with this letter. From the Minnesota State Fire School, announcing courses on April 27th and 30th at the University of Minnesota, St. Paul Campus. City. Clerk: The Council usually authcr ses the fire chief to send one or two firemen over to the school: this has bc.n done for years. Councilman Powell: I would like to move that the councilman in charge of the fire department discuss these arrangements with the fire chief as to who he is going to send this time. The lotion was seconded by Councilman Holde. From the Minnesota Association of Civil Lefense Directors, enclosing application for nehership for the year 1964: the dues for this organization is $2.00 for municipalities with less than 25.000 population. Molds, the letter was referredmotion tofDr.thKalvin BlodgPowell, ett. seconded ivil Defense Director, with power to act. From the State of Minnesota, Department of Conservation regarding John Shelton•s request to amend the permit to increase water consumption from the well at the sewage treatment plant. They stated that his request was granted to increase usage to 5,000,000 gallons. From the Minnesota Railroad & warehouse Commission, authorityeatpetitiitio agencyof Chicago and Northwestern Railway Company requesting service at associate stations in Minnesota. The Clerk stated that a hearing would be held on this matter on May 16, 1954, and asked if Stillwater should be represented at same. No action was taken on this matter. establishingta. in regard t returned a partialvolunteer fire from the adepartment in Stillwatge of Plymouth, er. (ordinance o enclosed). The Clerk read information from the questionnaire and it was then referred to Councilman Powell. From the Central Washington County Planning District enclosing information re- garding Stillwater's share of the cost in this program should they decide to join. ($200.00). • 328 4 (March 10, 1964-contlnueel • Mayor Charlsen: when this was first brought up, it was established that the cost to the City of Stillwater would be $500.007 Bob Hagen of the Stillwater Planning & Zoning Commission has refused to get the City involved until they e. could we should goatnn with them: sooneruld not be so gor laterothely, I think that figure communities surrounding us are going to be important to us. I think Bob Hagen should remain as one of the two representatives to the Commission, and one of the Councilmen could volunteer to go a'.so. Councilman Powell: I move that the City of Stillwater join the Central Washington County District. and Mayorelected mother f the Council to represent Stillwater. along with Bob Hagen. The motion was seconded by Councilman Iverson. TO Planning : Research, cIncc.., stating his office wouldbert F. Hall. Urban Renewal Director bea ailable if t Mar any assistance is desired by the City in regard to the urban renewal program. From Mr. William Cicero. requesting a permit to repair and maintain a three - plow at 1001 South Third Street with off street parking. On motion of councilman Powell. seconded by Councilman Iverson, the matter was turned over to the Building Inspector. From Jervis Stoffel, Mayor, Village of St. Paul Park, stating that he would like to attend the March 16th meeting to discuss the formation of a league of Washington County municipalities, but is unable to do so as their regular council meeting is held on that evening. He requested that a transcript of the minutes be sent to him. From Mrs. Marie Bruce, 2013 North Third Street, complaining of dogs running loose in her neighborhood. Councilman Powell: I move this be turned over to the dog catcher with specific instructions to alleviate the situation. The motion was seconded by Councilman Iverson. COMMITTEE REPORTS Councilman Simonet: I will waive my report until I have had a chance to discuss some things with the Engineer. Councilman h we g o of Ptegive the businessmen anll: On the leth of ideaofwhattmeet Chamber weartrying to do Commerce to swith regard to the establishment of a volunteer fire department, and try to get their support.'II-I called the fire underwriters in regard to a new inspection of business houses in town, as a change in our fire rating is quite possible. The s type WaS was in somelast doubtime thatnthey wouldnof co e annd make anotherdinspection60 atand tthere histime. Councilman Iverson: I am happy to report that the survey work has been com- pleted at Lily Lake; it was completed today. The City Attorney and Mr. ChesteroY Wilson are stgoing to give me9theeexact ground acreage. etc. • • • • (Ma C4 1V, 1704 329 conc1flUU • • Councilman Hold.: I have nothing to report. Manor Charlsen: I received a letter on the local asasasore meeting to be held on the 19th of March. Our assessor end one of the City officials are to be present: Councilman Nelda has volunteered to go. The County has started to go out into the school districts and set up a different method of assessment - on a square foot rather than a cubic foot basis; they have already finished two school districts and they are working on the Pbrest Lake area now. They figure that a square foot basis will equalize taxes so much better than they are. They will not vary from Stillwater to Bayport, etc. It will be fairer when they get through with it. I have received a layout from the Post Office Department of the land use for this property - the City Hall and the Fire Department - they are still interested in acquiring it. A copy of this layout is available. Councilman Iverson: what about the idea of building the post office, fire department and City Hall, and lease it back to the government? By the way, for your information, Mr. Earth is going to be in town on Friday and meet with democrats at the labor temple. The Mayor and Council have been invited to come to the meeting after 8:30 P. M., when they feel they will be finished with their business. Mayor Charlsen: How are you coming along with the parking for downtown? City Attorney: The resolution has to be published within ten days. Councilman Powell: What have you heard on the Silty property? Mayor Charlsan: Mr. Silty hasn't talked to the other members of his firm as yet. On motion of Councilman Powell, seconded by Councilman Nolde, the meeting adjourned to 7:30 P. M. ('ibis portion of the meeting closed at 6:09 P. M.) 7:30 P. M. - Meeting Reconvened PETITIONS None DELEGATIONS OR INDIVIDUALS None UNFINISHED BUSINESS This was the day and time set for hearing on proposed ment, Local Improvement 044, 1963 (South water Street). The Clerk read the notice for hearing aloud: the Mayor inquired it the notice for hearing was published and the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gazette on February 26, 1964. and a copy was mailed to all known property owners affected on February 19, 1964. • • 3 e390 e (March 10, 1964-continued) e • The Mayor then opened the hearing. Mr. Russell Peacock Engineering Department Milwaukee Railroad I appeared here on April 9. 1363, protesting this assessment; I repeat my appearance for the same reason. The Milwaukee Road feels that we have no improvement to our property because of this paving. It is highly unfair to expect the Milwaukee Road to pay 25% of the assessable amount as there is no benefit to our property, and we ask the Council to reconsider this assessment. Councilman Molda: I was just wondering if you might ask Mr. Peacock what a fair assessment would be on this particular property. Mayor Charlsen: we had the public hearing on this and the only objector to it was the Milwaukee Road; the rest had a chance to appear; the original petition was for the improvement of the street and the City did it as a result of that petition. No one was here at the hearing except the railroad to ob- ject so it was taken for granted that the property owners on the street were interested in the improvement. I personally think that the improvement to all the properties involved was of benefit to them. Councilman Roldes Mr. Peacock, what do you consider a fair assessment as far as the Milwaukee Railroad is concerned? Mt. Peacock: In my position I really couldn't give you an answer to the question. It is the railroad's belief that there is no benefit to the property. Mayor Charlsen: You rent that for storage purposes; don't you think it's im- proved the entrances to those buildings? Mr. Peacocks Probably that is true; to the leased property there is a benefit, but it has worsened the condition for us, More water is being dumped onto our property. I was instructed to say that we feel there is no improvement and that is what I have to report. Councilman Powell: It always seems that the railroads are against being assessed for anything. Just because you are apart of a community and doing business in the town, you should take your fair share of the assessments. The Engineer can only go by front footage and that is what he has done. Mr. Peacock: I am not arguing. we have little use for the street as a railroad as such. we have no trucking operation other than our agent's car. Councilman Rolde: You don't feel that for the customers coming to your place of business itis Improving the good will of your business? Mr. Peacock: To a limited extent. Councilman Rolde: would it be the intention of a railroad b a community, as far as they are concerned, to let the streets go and do nothing about it? Mr. Peacocks We have cooperated many times in comunities, but do not feel the need in Stillwater. Councilman Holds: In other words, your supervisors instructed you to be against any amount of money? Mr. Peacocks In this case we feel there is no benefit. Councilman Powell: The price of the street is going to remain the same; if the railroad doesn't pay their fair share, the rest of the property owners will have to be assessed more, or the City will have to pick up the tab for the rest of it. Mayor Charlsen: The majority of the property owners were in favor of it; I think it has been a big improvement. After all interested parties had been given an opportunity to be heard, the Mayor then closed the hearing. (See Resolution). • • • • (March 10, 19S4-continued) .33.1 • • sm City Clerks Some time ago, Mr. James Simpson talked to me about the assessment on Everett Street. Perhaps it would be better that Mr. Ritzer replat that area; however, if the Council sees fit to go along with the assessment on the basis that Mr. Ritzer must pay the assessment in full on each lot, we could work this out. I told Mr. Simpson at that time that another hearing would be held if the replatting would be brought about. He is here tonight and would like to talk to the council. Mayor Charlsens As far as I can see, I don't know what difference it would make; it would save Mr. Ritzer some money. Mr. Simpson: What I wanted to discuss tonight pertains to Local Improvement N39 and how it relates to other improvements which might be made in the City. At the hearing for the sewer which was put in on Local Improvement A39, the proper'', owners along the street objected to paying the coot of stubbing into Hancock Street. We were advised by the Council that when that sewer was put in, the street would not have to be dug up should somebody later want sewer. The scent roll is not yet levied and the street has already been dug up: What protection does an individual in this City have against paying an assessment and then can do nothing about it. Councilman Iverson: Why was it dug up? Mayor Charlsens A new house was built on Hancock and Everett Streets. Northern States Power Company dug a six foot square hole in order to service the new house on the Northeast corner. Mr. Simpson: If they were going to dig in this street, the engineer said he would not give them permission to do it. I asked him to let me know as I would like to have gone before the Council before it was done. It is not fair to ask the tax payers to pay assessments when Northern States can come in and dig. Their franchise gives them permission to dig in the streets, but doesn't say when. Notice can be served on them that they must do it right away. Half of the digging on Myrtle Street was unnecessary too: My argument is to prevent future happenings of this indiscriminately. Councilman Simonet: I don't know how you can atop them from digging in the street. Councilman Powell: He meant at some future date when a new street is put in. Mr. Simpson: when a new street is put in, at any future hearing the property owner should object unless he is assured his street will not be dug up later. Building Inspector: At the time Everett Street was improved, all gas mains could have been let into the property. We ran in all the sewer and water before the street was improved. Mr. Simpson: You wouldn't force the power company to pay for it; what the property owner has to pay for should be good enough for the power company to pay for, too. The street isn't a year old, the assessment hasn't been levied and they have already dug a hole in it: Mayor Charlsen: It will be repaired this summer. M.•. Simpson: What guarantee do we have for that? mayor Chariness: My guarantee: It will be fixed so that you will not know a hole was dug in there. Mr. Simpson: 7b the property owners' satisfaction? Mayor Charlsen: Right: Mr. Simpson: Northern States Power should be told that they must dig right away: if they don't, they are forever out of it unless there is a case of public health and welfare; this is excusable. Councilman Powell: when the franchise comes up for renewal, a shorter duration for the franchise would naturally make them stay on their toes. • • e e 33' (Marsh 10, 1964-continued) • • Mayor Charlsen: It is not necessary to change the franchise. City Clerk: A general election was held in favor of the franchise eight years ago. It guarantees their investment. No one can go into the electric- ity or gas business for the duration of that franchise. Mr. Simpson: If you get any requests to dig in existing streets you can force them to present alternative ways to do it; they do exist, but you don't get this information unless you push it. A resolution ordering sanitary sewer and water main improvements, approving plans and specifications, and directing the City Clerk to advertise for bids, was passed by the Council on the llth day of February, 1964. (8" sanitary sewer -•nd 6" cast iron watermain in Borup Street); the City Clerk did not advertise for bids on this improvement because the Engineer felt it would be better to wait and include the sewer and wateraain extensions to the proposed new school in the Lily Lake area. Mayor Charlsen: Did you find out anything on that, Ron? City Engineer: No sir, I did not; however, I do have estimated costs for the South West street sewer. ($6,515.00) Mayor Charlsen: Now about the water? City Engineer: Water is already in there. This includes 92 feet which is also included on the South Borup Street project. You can do it either way. We figured 92.33 feet up Pine Street. When we discussed this project it was felt that .probably the school district would pay for all of this 92 feet and it could be taken off the Borup Street project. Mayor Charlsen: We still can't do anything until we find out if the school goes along with it. Councilman Molds: Send a letter to Mr. Campbell and tell him how we feel about it. Tell him it is the feeling of the Council that they absorb the entire cost of it. After hearing from Mr. Campbell we could advertise for bids. Mayor charlsen: We would still have to advertise for bids on Borup Street. City Engineer: It would be better to include both projects at the same time. Mayor Charlsens Advertise for bids subject to the school board on the second part of it. For $6,515.00, this would be the most economical way for them to get sewer. City Engineer: We could probably give this information to Mr. Campbell tomorrow and inform him that we are considering advertising for bide on the complete project; if he can get permission from the school district, we will advertise for bids on both projects; otherwise, we will just advertise for bids on the Borup Street project. Mayor Charlsen: Set it up to advertise for bids on the whole job; City Engineer, take it up with Mr. Campbell tomorrow. The bids will be returnable on April 7, 1964, at 4:30 P. M. City Engineer: Regarding the estimated cost to extend the right-of-way along Borup Street. I can do nothing until I find outWnat the Council would like to do about the Jeanette Johnson home, which is four feet west of the right-of- way land. If you are going to acquire that right-of-way, you would have to end up with housemoving also. The topography of the ground is such that you can't afford to take too much of the side. I had figured maybe ten feet off each side of the street, but in finding out how close that house is, it can't be done. • • (March 10, 1964-continued,333 • • Councilman Bolds: It may be advisable to contact the attorney for the estate and find out if something could be worked out. Do we have the authority to move the house, Ron? City Engineer: If you condemn the land, yes. City Attorney: (also attorney for the Jeanette Johnson estate) Why don't you drop this for now, and be assured that the estate will be agreeable to deal with. I will talk to the trust officer of the First National Bank tomorrow. It will be impossible to do anything without an approval of the Court, and there would have to be an 'appraisal made of the property. The City Engineer was to report on proposed Local Improvements during the year, 1964. Be stated that nothing was planned except the sewer and water improvements on South Borup and Pine Streets. City Engineer: I understand that we don't have any funds in the permanent Improvement fund. Mayor Charlsens We have $5,624.57 left in the permanent improvement fund, plus we have levied $12,000 for 1964. This amounts to a little over $17,000. available for improvements. City Clerk: Do you think it might be advisable to set up definite sections of the City for street improvements each year? Councilman solder How much work could you do with $17,000.? City Engineer: We could do about $60,000 worth of works only 25% is assessable to the City. I have a complete list of streets that was made in 1963, with estimated costs. Mayor Charlsen: It costs us more to keep some of these streets up than it does in the long run to put in a new street. Why couldn't we go over that list for 1963 and the engineer can come up with a recommendation as to what should be. done. We'll set March 24th as a tentative date to meet and discuss street im- provements for 1964. City Clerk: Ras the Council decided to do anything about the rasing of the Schulenberq school building? Building Inspector: The foundation should be removed to ground level, and the debris should be cleared away. Also, no trees are to be removed. The successful bidder shall complywith our requirements to remove the building. I feel if it were done in April, the working conditions would be better. Mayor Charlsens We will have bids returnable on April 7, 1964, at 4:30 P. M. At the last meeting, the Council requested clarification as to who has the authority to order removal of trees in the City. City Attorney: Our ordinance on trees provides that no tree shall be removed from the boulevards without a permit from the park commission. Mayor Charleens Was there ever a park commission in the City of Stillwater? City Attorney: Chester Wilson tells me that his father was the first secretary of the park commission, which was established prior to 1926 under the old charter. The Lowell Park Board was not established until after World War I. councilman Powell: Is this a park commission? City Attorney: I think it is. • • m •334. (March 10, 1964-continued) • • City Clerk: It seems to me that in order to have a park commission, the City must first set up a park district. We do not have a park district, so this park board legally cannot function as a park commission. Mr. Neumeier said they did not have authority to go into other parks and take over, so to speak. Mayor Charlsen: What about trees that are ruining streets and sidewalks? City Clerk: Mr. Neumeier told me that they had nothing to do with anything like that; they were appointed to administer the Lowell Park fund. City Attorney: It is quite likely that a park district would serve more than one municipality, like a school district or a sewage district; that would be under the statutes. There is no question that a community has the right to establish parks and playgrounds, but I will check it out to see if a park district refers to more than one municipality. Councilman Powell: I would like to say that the councilman in charge of parks should be a melbas of the park board to see that we have a connection. Mayor Charlsen: There is only one problem; this park board as it functions now was set up to administer the Elmer Lowell Trust. City Clerk: Somewhere in the Lowell Trust you will probably find that a board must be appointed by the City Council to administer the over all trust. Mayor Charlsen: The answer to that question will give us an answer as to which way to go. The City Attorney was to report on findings in connection with legal steps necessary to create a housing and redevelopment authority. City Attorney: I have not had time to check into this as yet. Mayor Charlsens Lt:. Binford will be here from Chicago on the 19th of March; also the Stillwater housing and redevelopment committee will meet with him at 2000 P. M. on that day. Mayor Charlsen then invited the Council members to meet with Mr. Bin£ord on March 19th, at 7:30 P. M. NEW BUSINESS The financial statement of the Board of Water Commissioners for the year ended December 31, 1963 was presented for Council approval. The Clerk reported that $10,634.73 was the net profit for the year, 1963. Copies of the report are to be submitted to the councilmen and this item will be carried over to the next meeting. City Clerk: I have received complaints that a lot of people are burning garbage in the Pairmeadows area; also there is a rat problem, which has been reported to the City's exterminators. Mayor Charlsen: We have an ordinance enforcing the burning of garbage. City Clerk: We certainly have an ordinance to cover it, but enforcing it is another thing; you can't be there at the right time. Chief Sanders: The calls come in when there is no burning being done. I looked at nearly every place in Pairmeadows; they are creating their own problems. I haven't seen any rats, however. • • • • (March 10, 1964-continued) 33;5 I e Building Inspector: We have gone out on numerous occasions and have put a stop to it. In the City of Stifwater there is no ordinance against burning papers. If the burning of garbage has been brought to our attention, we have taken care of it. The Chief has been very cooperative in so doing. I have no authority to stop burning in incinerators, though. City Clerk: When people are seen taking garbage out to the incinerator, it should be reported. Building Inspector: What this city should have is a mandatory pick up for garbage and rubbish also. We should put in an incinerator and then everything would be hauled there and disposed of; down with the sewage treatment plant! Couldn't we incorporate an incinerator into this urban renewal program? Mayor Charlsen: This dumping and burning is a problem that exists and we are not facing up to it. Mayor Charlsen: What percentage of overtime parking tickets are written in the morning, and what percentage in the afternoon? The parking meters run out and people stop me and say that some people get free parking in the afternoons. Chief Sanders: There are bound to be meters running out. City Clerk: We have been receiving fifteen to twenty tickets per day. Councilman Powell: Couldn't Rube Jacobsen write tickets in the afternoon also? People can park free in the afternoon. Chief•Sanders: That's a lot of hooey: City Clerk: As fax as the police department is concerned, they don't have too ouch time to look at all of those meters. Mayor Charlsen:. The percentage of collection has gone up 25% since Rube was hired to check meters. They are being taken care of nowt they were not taken care of before. Chief Sanders: If you want meters enforced, you can get them enforced if you want the businessmen in this town to take you right off your chairs. It was your decision to put Rube on for half days. City Clerk: Ask Rube to go down and work on a staggered schedule. Parking tickets were then checked, ane it was found that 90% of the tickets were issued during the forenoon of each The Clerk reported that he had received a dismissal of the assessment appeal from Sheldon Smith Investments, Inc. (Parking Lot assessment). No action was necessary on this matter. The Clerk reported that he had received an announcement from the League of Minnesota Municipalities regarding con£erances at the Center for continuation study for Mayors, Councilmen and Municipal Clerks on March 23rd and 24th, and for Finance Officers on March 25. On motion of Councilman Nolde, seconded by Councilman Simonet, the City Engineer was authorized to send the disposal plant operator to school for three days at the University of Minnesota continuation center. • • c • 3 3 :El (March 10, 1964-continued) r The Clerk reported that Mr. Fred Zantow, who resides in oak Park, has not paid his sewer rental charge since January 1, 1963: he now owes the City $41.16: this money cannot be collected by certification as he lives outside of the City Limits. Councilman Nolde: Tell him that if this bill is not paid within ten days we are going to go up and disconnect his sewer. Any payments allowed to lapse in the future, the sewer will be disconnected without further notice. On motion of Councilman Nolde, seconded by Councilman Iverson, the clerk was directed to write to Mr. Zantow and explain the Council's feelings on this matter. The Clerk reported on new hospital rates, and medical rates, effective April. 1, 1964. Blue Cross Family Rate Blue Cross Single Rate Saving to City for each employee per month Saving to Employee per month Present New $23.10 $18.75 9.15 7.45 $ 1.70 $ 4.35 Blue Shield rates remain the same as previous year. On motion of Councilman Powell, seconded by Councilman Iverson, the clerk .wee directed to enter into a new contract with Blue Cross and Blue Meld, subject to the approval of the City employees. (meeting to be held on March 19„1964, at 3:30 P. M. to explain new rates to employees) On motion of Councilman Iverson. seconded by Councilman Beide, the Clerk was directed to advertise for bids on the following, bids to be returnable on April 7, 1964, at 4:30 P. M. Road Tar for 1964 season Rock Salt for 1964-65 season Coal for 1964-65 season Rasing of Schulenberg School building On motion of Councilman Powell, seconded by Councilman Iverson, the Building Inspector's report covering activities during the month of February, 1964, was approved. Building Inspector: The Council should seriously consider going on the square foot basis in regard to assessments. This would raise some taxes and lower others. I would like to have the Council sit down and look at it and then make a decision. By doing it on a square foot basis it will be more equal. ORDINANCES City Clerk: Our Electrical Ordinance 8328 should be amended. Inspections can't be made because we do not have the correct information on the electrical permits. Building Inspector: As far as our permits are concerned, we have no problem except with the electrical contractors. If each contractor were to receive a pad of permits, for which they would pay a service charge, they would be charged against the contractor and they would be his responsibility. (March 10, 1964-continued) 3:3 s • City Clerk: The present ordinance reads that on electrical contractor must come in and get a permit prior to the doing of the work. He cannot do this in many cases, emergencies, etc., therefore, a lot of inspections cannot be made until after the work is completed and covered up, and then it is too late. If the contractor is made responsible for electrical permits, this might be a step in the right direction. Councilman Simonet: I move we instruct the City Attorney to amend the ordinance to comply with the terms outlined here this evening. The motion was seconded by Councilman Powell. Building Inspector: The fee system on electrical work is terrible. Ihave figured out flat fees based on average figures. If the fees were set by reso- lution, the:the Council may, within a thirty day period, change them if necessary. Councilman Powell: .Anything that simplifies the work in your office or in the Clerk's office is good. RESOLUTIONS The following resolutions were read and were, on roll call, adopted: 1. Directing the Payment of Bills. 2. Adopting Assessment, Local Improvement *44, 1963. (South Water Street) 3. Designating Depositories for Public Funds. 4. Resolution for Hearing on Proposed Assessment Local Improvement No. 43-1963. Project *1. (Fairmeadows Road and Dundee Place) 5. Adopting Assessment, Local Improvement *39, 1963. (South Everett Street) Property descriptions on this sment do not agree with the official rocords at the Court House. When this resolution was adopted, it was understood that MrRitzer, owner of several parcels of land affected, shall pay the sment on a full lot, and that he cannot split the sments because this would tend to confuse anyone responsible for certifying unpaid assessments to the County for collection. 6. Rescinding Action taken at February 11, 1964 Meeting. (Ordering sewer and water extensions and directing the clerk to advertise for bids on Borup Street). 7. Ordering Sanitary Sewer and Watermain Improvements, Approving Plans and Specifications and Directing the City Clerk to Advertise for Bids. (Borup Street) 8. Ordering Sewer Improvement and Directing City Clerk to Advertise for Bids. (South West Street) ADJOURNMENT On motion of Councilman Powell, seconded by Councilman Simonet, the meeting adjourned at 11:49 P. M. Attest: City Clerk Mayor • • • 338 • • Council Chamber Stillwater. Minnesota Special Meeting The meeting was called to order by President Charlsen. Present: Councilmen Iverson, Powell, Simonet. and President Charlsen. Absent: Councilman Nolde. March 24. 1964 7:30 P. M. Dick Garvey of Stillwater was granted permission by the Council to sell light bulbs. door-to-door, in the City. The bulbs are to be furnished him by the Linner Electric Company on a commission basis. The City Engineer submitted the following report, on proposed street improve- ments in 1964, for Council consideration: LOCAL IMPROVEMENT NO. 42-1963 PROPOSED STREET MATS FOR 1964 East and West Mulberry Street between $ 5,904.55 North Owens and Forth Fourth Street South Water Street between 875.23 East Myrtle Street and East Chestnut Street $ South Third Street between 9,250.00 (Wash.Co.) East Orleans Street and East Chestnut Street $ South Third Street (Property) between 7,497.17 ( Owners ) Wit Orleans street and East Chestnut Street $ North and South Third Street between East Chestnut Street and East Mulberry Street $ 3.792.65 North 'third Street between East Mulberry Street and 387.46' N. of N. line of East School Street East Myrtle Street between 737.70 Main Street and 105' E. of E. line of Water Street $ West Churchill Street between South Third Street and South Greeley Street $13,608.60 LOCAL IMPROVEMENT NO. 42-1963 PROPOSED SEAL COATS FOR 1964 $ 4,528.80 South Sixth Street between $ 622.06 West Olive Street and West Pine Street • • 1' • (March 25, 1964 continu 9 • • mrl East Olive Street between South Main Street and South Second Street $ 290.62 North William Street between West Myrtle Street and West Mulberry Street $ 763.73 South Owens Street between West Pine Street and West Olive Street $ 834.68 South Second Street between East Myrtle Street and East Nelson Street $ 985.39 South Center Street between West Myrtle Street and West Ramsey Street $ 266.45 South First Street between East. Orleans Street and East Willard Street $ 2,806.42 South Second Street between East Orleans Street and East Willard Street $ 2,104.82 North Sherburne Street between West Myrtle Street and West Linden Street $ 893.35 East and West Hancock Street between Sixth Avenue South and South Fifth Street $ 1,513.40 West Hancock Street between South Fifth Street and South Seventh Street $ 562.96 TOTAL COST FOR RESURFACING AND SEAL COATING: $57,838.58 ISMCOST - City's Share: $14,459.64 On motion of Councilman Powell, seconded by Councilman Iverson, the Engineer's report was accepted, and the clerk was directed to take the necessary steps to advertise for bids. City Engineer: I think we should include them all in one project; advertise for bids on Local Improvement 4042-1963. Mayor Charlsen: We will have the hearing and the opening of bids on the same evening, April 28, 1964, at 7:30 P. M. Mayor Charlsen: Would it be possible to put some oil on water Street this year/ It's like a sandstorm down there when the wind is blowing. City Engineer: The only time you can oil it is :hen it is warm. and then you can't keep the cars off. Mayor Charlsen: Well, it's up to you, but it sure is a mess. Councilman Powell: I move that we leave this to the discretion of the councilman in charge of streets; he and the Engineer can work this out to be done at some day when it is convenient to the Street Department. The motion was seconded by Councilman Iverson. • •( 340 (March 25, 1964-continued) • r • City Clerk: How do you propose to finance Local Improvement 4142? city Engineer: In the Local Improvement Fund, we have something like $44,000. In the Permanent Improvement Fund we have about $12,000.; we are just a little short. Mayor Charlsen: Say that we are short of what we need; why couldn't we borrow from the Sewer Revenue Fund and pay it back in three years? City Clerk: You can do this, but the loan must be repaid plus interest. Mayor Pharlsan: Let's do it that way. The project will be financed by money in the Local Improvement Fund. The City's share will come out of the Permanent Improvement Fund, and if any additional money is needed, a loan will be author- ized from the Sewer Revenue Fund, to be repaid with interest. City Engineer: No assessment roll has been turned in for the Myrtle Street project (LI 045) because we have one bill outstanding - from the Alexander Construction Company for $795.20; I would like to get this assessment roll out of the way, excluding this bill, and if and when the bill is paid, we can charge it to the sewer fund. Mayor Charlsen: Go ahead and do it. On motion of Councilman Powell. seconded by Councilman Iverson, the following items were referred to the Planning Commission for study and recommendation: (The Planning Commission was in session in another room in city Hall). Request from William Cicero, 1003 South Third Street, to repair and maintain a three-plex at 1001 South Third Street with off-street parking. Request from James Porter, Jr., 1509 West Pine Street, to operate a photography shop at the same address, and to canvass door-to-door taking pictures. Mr. Jack Hooley appeared before the Council at this time. Mr. Hooley: We are being charged $350.00 for street lights on our parking lot (Hooley's Super Market), which were in thearea when we took over the lease. We are paying $350.00 per year for the use of those lights, which we never did think was right. We would like to try and come to a better agree- ment. Actually, there are five lights involved - one on each side of Chestnut Street, one on the south end of our lot, and two more lights in the intersection, which would have to be there anyway, regardless of our lot. It would cost the City $500.00 for these lights if they had to pay for them all. We feel the lights in the intersection should be paid for by the City and the other two by us. We would pay $70.00 for the two lights in the middle, which would be $140.00 per year. City Clerk: Those lights serve other areas also - not just Hooley's store. Councilman Powell: Are they on all night long? Mr. Hooley: Yes. Councilman Powell: Then, I think something should be done. I nave that Hooley's store be charged $140.00 per year for the use of the two street lights that benefit them. The motion was seconded by Councilman Simonet. City Clerk: A corrected bill will be mailed to you. • • e ;341. ! • • On motion of Councilman Powell, seconded by Councilman Iverson, Mrs. Roger Hayes, Secretary, Planning & Zoning Commission, was authorised to attend the 4th annual Community Planning Conference to be held in Duluth, Minnesota, on April 24th and 25th; expenses to be paid by the City. Councilman Powell: Regarding the revamping of the fire department, I think it is time we take some positive action. I would like to have a meeting of the downtown area merchants and property owners. and the Council, so we can explain to them first hand what our problem is and how we propose to cope with it. we will show them how we can save some money, and how much it will cost them in additional insurance premiums, etc. We can get their reaction so we can have something concrete to go on. I would suggest a meeting here in the Council chambers at night. If something isn't done soon, it could create a hardship on the displaced firemen, for example. This has to be the will of the majority of the people. I have all of the information ready to present. We all know the trouble we had with this past budget to get the money for the fire department. I feel that if these survey reports are passed out and :the information is shown to the business- men, and we explain to them how other cities are operating, I believe they would agree that a volunteer fire department is the sensible thing to do. I would like to have the meeting sometime in April. If some of the council members feel they don't want to come, it isn't absolutely imperative. Councilman Simonet: This is a pretty big step: there is no reason to feel that you won't have a turnout from all of us. Councilman Powell: How about the 14th of April to meet and discuss the fire department? We will ask the Chamber of Commerce to send out a mimeographed letter to the businessmen and property owners downtown. City Clerk: It should be known that after the businessmen meet, there will be a public meeting to discuss this. Mayor Charlsen: It should be explained that the only reason the businessmen and downtown property owners are meeting first is because they are the only ones who will be affected by a change in fire insurance rating. Mrs. Hayes: Is this up to the Council to decide whether or not we will have a volunteer fire department, or not? Councilman Powell: If the people feel it is worth a try, then it is up to the Council. It is the idea that it's better for everyone to agree and know why it is being done. The Council would have the final say. Mayer Charlsen: we will have this meeting on the 14th at 7:30 P. M. Councilman Powell and I will work with the newspaper and radio for publicity Mrs. Hayes: The Planning Commission recommended tonight that the request of Mr. Porter to operate a photography shop be denied as it is in violation of Ordinance 4383. Councilman Powell: I move that the recommendation of the Planning Commission be adopted and that we deny Mr. Porter's request. The motion was seconded by Councilman Iverson. The Clerk was directed to inform Mr. Porter of the Council's decision. Mrs. Hayes: Mr. Cicero's request to maintain a three -pies with off-street parking was referred to a committee for further study. • 342 (March 25, 1964-continued) • • RESOLUTIONS 1. Ordering Hearing on Improvement, Approving Plans and Specifications Therefor. and Ordering Advertisement for Bids. (LI 642-1963). 2. Resolution authorizing Formation of Central Washington County Planning Commission, Authorizing Membership in Said Commission, And Authorizing the Expenditures of Funds Therefor. Councilman Iverson: No Councilman Powell: Yes Councilman Simonet: Yes Mayor Charlsen: Yes me City Attorney suggested that the Council review this resolution once more before publication ac lloestion exists as to legality. ADJOURNMENT On motion of Councilman Simonet, reconded by Councilman Iverson, the meeting adjourned at 10:23 P. M. Attest: ity Clerk Segiasv Mayor • • 343 Council Chamber Stillwater. Minnesota Regular Meeting April 7, 1964 4:30 P. M. The meeting was called to order by President Charlsen. Opening prayer by the acting city clerk. Present: Councilmen Iverson, Nolde, Powell, Simonet and President Charlsen. Absent: Move. Mayor Charlsen announced that bids set for opening on this date would be the first item of business. UNFINISHED BUSINESS (out of order) This was the day and time set to open bids for the construction of the following projects: 1. Local Improvement No. 47-1964, South Borup Street Sanitary Sewer and Watermaint 2. Local Improvement No. 49-1964, West Pine and South West Streets Sanitary Sewer The Clerk read the notice for bids aloud. The Mayor inquired if the notice for bids was published, and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City. on Mirth 18, 1964 and March 25, 1964. The following bids were then opened and read aloud: 1. Bianconi Construction Company St. Paul, Minnesota Start Work Date: July 15,1964 Complete Work Date: August 30, 1964 2. Erwin Montgomery Construction Company St. Croix Falls, Wisconsin Start Work Date: Within 10 days Complete Work Date: June 1, 1964 3. James D. Wolff Company St. Paul, Minnesota Total Bid: $19.290.15 Total Bid: $15,068.98 Total Bid: $20,398.15 Start Work Date: May 10. 1964 Complete Work Date: July 15, 1964 (sooner if necessary) 4. Moelter Construction Company Total Bid: $20,282.10 Stillwater, Minnesota Start Work Date: April 13, 1964 Complete Work Date: May 15, 1964 On motion of Councilman Nolde, seconded by Councilman Iverson, the bids were raferred to the city Engineer for study and recommendation. 344 (April 7, 1964-continued) r This was the day and time set to open bids on demolishing of the Schulenberg School Building. The Clerk read the notice for bids aloud. The Mayor inquired if the notice for bids was published, and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on March 18, 1964 and March 25, 1964. The following bids were then opened and read aloud: 1. Chies Bros. Total Bid: $675.00 Minneapolis, Minnesota 2. Semple Rouse Movers (Lawrence Rumpf) Stillwater, Minnesota Start Work Date: ) Within 60 days after Complete Work Date: acceptance of bid Total Bid: $ 12.00 Paid to City of Stillwater 3. Junker Landscaping Total Bid: $289.00 Stillwater, Minnesota Start Work Date: Determined by Council Complete Work Date: 25 days after starting date 4. Explorer Post 4(132 Total Bid: $550.00 Stillwater, Minnesota Complete Work Date: Within 45 days after signing of contract On motion of Councilman Nolde, seconded by Councilman Iverson, the bids were re- ferred to the City Engineer for study and recommendation. This was the day and time set to open bids on Fifty Tens, more or less, as required, of Elkhorn 11/4 inch Treated Stoker Screenings. The Clerk read the notice for bids aloud. The Mayor inquired if the notice for bids was published and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on March 18, 1964 and March 25, 1964. The City Engineer reported that only one bid had been received for this material. On motion of Councilman Simonet, seconded by Councilman Powell, the following bid was then opened and read: 1. John J. Kilty Company Stillwater, Minnesota Total Bid: $15.60 per ton (50 tons, delivered at the Stillwater fire station at any time during the life of the contract) On motion of Councilman Nolde, seconded by Councilman Iverson, the bid was accepted. (See Resolution). This was the day and time set to open bids on approximately 15,000 gallons of MC or RC type Cut -Back Asphalt. • • (April 7, 1964-continued, `� e 345 • The Clerk read the notice for bids aloud. The Mayor inquired if the notice for bids was published, and the Clerk informed the Council that the notice for bide was published in the Stillwater Evening Gazette, official newspaper of the City, on March 18, 1964 and March 25, 1964. The City Engineer reported that only one bid had been received for this material. On motion of Councilman Powell, seconded by Councilman Nolde, the following bid was then opened and read aloud: 1. Jay W. Craig Company Total Bid: $2,235.00 Cambridge, Minnesota (15,000 gallons @ 14.9 cents per gallon) On motion of Councilman Powell, seconded by Councilman Iverson, the bid was re- ferred to the City Engineer for study and recommendation. This was the day and time set to open bids on Party Tons of C. C. Rock Salt or Equal. The Clerk read the notice for bide aloud. The Mayor inquired if the notice for bids was published and the Clerk informed the Council that thenotice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on March 18, 1964 and March 25, 1964. The following bids were then opened and read aloud: 1. Cargill, Inc. Minneapolis, Minnesota Total Bid: $736.00 $18.40 per ton 2. Morton Salt Company Milwaukee, Wisconsin 3. International Salt Company Clarks Summit, Pennsylvania 4. Cutler -Magner Duluth, Minnesota Total Bid: $704.00 $17.60 per ton Rail Delivery Total Bid: $704.00 $17.60 per ton Rail Delivery Total Bid: $704.00 $17.60 per ton Rail Delivery Mayor Charlsen. If the Cargill bid of $18.40 is by truck delivery rather than by rail, it would be cheaper for us to accept that bid as we would not have unloading expenses. On motion of Councilman Powell, seconded by Councilman Nolde, the bide were referred to the City Engineer for study and recommendation. NEW BUSINESS (out of order) Mr. Andy Hanson Stillwater Manufacturing Company We would like a non -conforming permit to erect a metal building on Main Street where the old junk yard and old Public service used car lot used to be. We would like to help beautify the City and bring up the business potential. This is an approved type metal building. 34C6 m (April 7, 1964-continued) Ntl We are trying to put Stillwater back on the map as a manufacturing community; we have to get a building up at a minimum of cost, so we chose metal. This is colored metal and it would have a white roof, which will add a good deal of looks to this corner. There will be no old metal building exposed; it will have a whole new face from the street. We would also like to get additional metal of the same color and square off our present building. We need an additional manufacturing area of 5,000 square feet; 3,035 feet for loading and shipping, and 11,000 square feet of warehousing space. Councilean Iverson: Why is it non -conforming? Mr. Hanson: Because it is a metal building. Mayor Charlsen: Fire ratings in the downtown area do not permit metal buildings. Mr.. Hanson: We are going ahead with these plans. Our insurance company has looked this over and are working with us to bring the building up to their standards. They are very much in favor of a metal building; for their purposes. they would sooner see a building like this because, in the event of a fire, they know what their losses will be. We have to get into this building as soon as possible. Mayor Charlsen: The downtown area is in a separate fire zone; this is State law. But, I can't see where it would be any danger to anyone as far as a fire hazard is concerned. Mr. Hanson: We either have to keep up with the other manufacturers or forget about it. Councilman Iverson then moved that the non -conforming permit be granted; the motion was seconded by Councilman Nolde. Mayor Charlsen: Before we vote, I would like to talk to the Building Inspector and clarify this. Councilman Powell: I move to amend the previous motion to read that the permit be granted subject to the approval of the Building Inspector, who shall check the State laws before giving approval. The motion was seconded by Councilman Iverson, and the vote was as follows: Yes: 5 No: 0 On motion of Councilman Nolde, seconded by Councilman Iverson, minutes of the following meetings were approved: Special Meeting Regular Meeting special Meeting March 3, 1964 March 10, 1964 March 24, 1964 7:30 P. M. 4:30 P. M. 7:30 P. M. APPLICATIONS On motion of Councilman Powell, seconded by Councilman Iverson, an Off Sale 3.2 Beer License was granted to Arnold Deno, 215 North William Street, on the second reading of the application. On motion of Councilman Nolde, seconded by Councilman Powell, On and Off Sale 3.2 Beer Licenses were granted to Patrick E. White, 603 W. Churchill Street, on the second reading of the applications. • • (April 7, 1964-continued),3 ^ 1 • • Applications were submitted by Ed Knefelkamp, 1101 North Owens Street, for On and Off Sale 3.2 Seer Licenses, but were automatically carried ever to the next Regular Meeting of the Council due to location in a residential area. On motion of Councilman Nolde, seconded by Councilman Simonet, a license to "Haul Things to the City Dump" was granted to Ernest Webb, Route *2, Stillwater. ($25.00 fee paid). On motion of Councilman Nolde, seconded by Councilman Powell, Soft Drink and Cigarette Licenses were granted to Donald A. Michaelson, 108 South Third Street. On motion of Councilman Powell, seconded by Councilman Simonet, On and Off Sale 3 2 Beer Licenses were granted to John Houston, 304 North Main Street, on the first reading of the applications. On motion of Councilman Nolde, seconded by Councilman Powell, a Cigarette License was granted to John Houston, 304 North Main Street. COMMUNICATIONS From Mr. Harry Palm, President of the Washington County Historical Society, in regard to the razing of the Schulenberg School Building. Mr. Palm asked if the Historical Society could secure a 2 x 4 plank from 'the last pioneer school house in Stillwater', to be made into gavels for use by the Society; also, for presen- tation to other organizations in the City. Mayor Cherlsen- When the building is razed, we'll see that the successful bidder contacts Mr. 'calm so he can choose the plank he needs for his purposes. From the State of Minnesota Department of Health, approving Engineer's plans in connection with proposed 6" cast iron watermain in South Borup Street from West Pine Street southward 965 feet. Copy of a letter from the city Engineer to Erickson -Post Company in regard to the truck purchased for the Sanitation Department, City Engineer: We have not paid for the truck as yet because it doesn't meet specifications. I received a call from Erickson -Post to come in and file a tax exemption certificate. I wrote to them, explaining that the truck did not meet our specifications and they said they never received my letter; I then talked to Mr. Erickson and he said to bring the truck back to them. Mayor Charlsen: Hold payment of that bill until the truck meets your requirements. From the Fargo Investment Company in regard to insurance covering Griffin Wrecking Company, (successful bidder for demolition of Erickson, Humphrey and Pino Buildings) enclosing Certificates of Insurance, inasmuch as the policies providing the Excess Liability coverage have been renewed. From Willard L. Thompson, Dean, University of Minnesota Extension Division, announc- ing dates of Civil Defense Conferences for elected and appointed officials. The • • • •i 348 (April 7, 1964-continued) • meeting place for Washington County officials is the Stillwater American Legion Hall. Conference date is April 22, 1964, at 9:00 A. M. COMMITTEE REPORTS Councilman Simonet: The Golf. Club would like 200 feet of Sycamore Street, east of Nrth and graveled for golf cartohouseu Ron, how thave awedb en handling these srequests e as a otheirad to rth in the past? City Engineer: Any street which does not have a grade established for it, we have been going under the assumption that the property owner wants it and, therefore. pays for it. This street is more or less graded roughly; people have driven over it. Councilman Simonet: Would you recommend that we do it? City Engineer: I have no recommendation whatsoever. Councilman Simonet: I have always thought it would be our expense to open it up. City Engineer: If a grade has been established. then it would be our expense. Councilman Simonet: Does the Club want us to assume the expense? Should we share the expense with them? City Engineer: It's up to you gentlemen. I would say, since the street is partially existing and would require some work and some gravel. I would contact st of dthe golf efinitelylUb and see if an improvementthey would are in the that benefits only their property. this work. It is property Councilman Simonet: Do you have any idea of what it would cost? City Engineer: I would estimate the cost at not more than 550.00. Councilman Simonet: Is it worth it to go to them for that amount? City Engineer: No. Councilman Simonet: I move that the City do this work and assume the cost. The motion was seconded by Councilman Nolde. (Councilman Powell was opposed.) Councilman Simonet: The Swager brothers. at a t127 North1 tj ejector pump Brick Street. are they wondering if the City would pay any cost installed in their house. The house was built according to the ground elevation rather than the invert elevation; as a result they had to install this ejector pump so they could connect into the sewer. City Engineer: As far as I am concerned, the City does not have any liability for this. On motion of Councilman Simonet, seconded by Councilman Powell. the request of the Swager brothers was denied. Councilman Simonet: The only other thing I had to report was the Civil Defense Conference coming up, but this was already brought up. Everyone is asked to attend, including the City Engineer. Councilman Powell: The meeting to discuss the fire department will be held next Tuesday night, April 14th. • (April 7, 1964-continu d) 349 • • Mayor Charlsen: Jack Lay has written a letter to all of the businessmen and property owners downtown, from the Chamber of Commerce, and there will be publicity in the paper prior to next Tuesday night. Councilman Iverson: The legal work has been set up for the purchase of property at Lily Lake; they are now working on getting it financed through private individuals or through a bank. It will be financed the same as Pioneer Park was. We are assuming that the first year we would pay $1,000., and probably $2,000. thereafter; this is tentative. Mayor Charlsen: With what interest? Councilman Iverson: They are arranging that now; it is tentatively set up. Councilman Nolde: There is no Building Inspector's report tonight because Mr. Thompson has been in the hospital. Also, Eppie )(elk will not be back with us at the beaches this summer, so we will have to find someone to replace him. we are having a Recreation Committee meeting within a few days. and I think it should be up to the Recreation Committee, the councilman in :charge of recreation, and our recreational facilities director to lookaround for someone to replace Mt. Kaik. We need someone who will work closely with ir. Blekum. If there is anything you can think of in regard to our beaches, Ave would like to hear about it before our swimming season starts. Mayor Charlsen: Robert McGarry's term expires as of today as a member of the Recreation Committee; I think he should be replaced, as he is now chairman of the urban renewal committee. Councilman Molds: Don't make an appointment until after we have had our meeting with the recreation committee; we would like to find someone who will work well with the. group. We will talk to McGarry about this. PETITIONS Mayor Charlsen; We received a petition from Barney Brown with approximately seventy signatures on it, stating opposition to parking lots in the downtown area. The petition is illegal, however, as there are no addresses on it at all. All of these people have to prove that they are citizens of Stillwater, and we can't check on them without addresses. Councilman Simonet: Let's turn it over to the City Attorney and ask him to check the validity. Mayor Charlsen: Among the signatures is that of Lyman Sutton, who has been dead for several years: Councilman Nolde: I think Mr. Brown should be asked to come down here and explain this to the Council. Any man who presents a petition with a dead manes name on it should have to come before the Council and explain himself: Councilman Nolde then telephoned Mr. Brown's home, but could not contact him. On motion of Councilman Iverson, seconded by councilman Nolde, the meeting adjourned to 7:30 P. M. (This portion of the meeting closed at 6:15 P. M.) e • • •" 350 (April ;, .,�. .. • • 7:30 P. M. - Meeting Reconvened DELEGATIONS OR INDIVIDUALS None UNFINISHED BUSINESS This was the day and time set for hearing on proposed supplemental assessment, parking facilities improvement. The Clerk read the notice for hearing aloud. The Mayor inquired if the notice for hearing was published and the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gazette, officiaale newspaper of the City, on March 13, 1964 and 20. 1964, and a copy nailed to all known pr11 P Y 4w owners The Mayor then opened the hearing. Mr. Andy Hanson Stillwater Mfg. Company I believe that this thing started back in October government I don't say ynthat the parking improvement was ill timed, and drops renewal.e-evalua Athat Get everyoneld be behindiitd_ instead whothle project downtown dropped and businessmen. We have a very limited business district as far as commercial buildings go, you are well aware of that. Mayor Charlsen: There is quite a bit of pressure on us to gets this thingnng goo g so the parking lots can be used. The City Attorney was suppoeds are purchasing, so they us tonight all of the cleared titles to the property could be o.k.'d for tearing down. Councilman Powell: Those persons who have already paid their assessments hhavef notified us that if something isn't done soon, they will sue; they feel tthey have already paid for it, it should be done. toward Mayor Charlsen: This $200,000 for parking will beha e a cashlcash reditet iardothe - City's cost of any urban renewal pro gr this is not in full, but a large amount of it will be a credit. Mr. Douglas Johnson MCM Corporation this is entirely outgofnline from the our present avalue a etis, which receivedfrom parking• lots.fael We have one of the highest assessments per front foot. We are in tfeelprroceess We bof uild ing our own parking lot, and there is no one we can certainly file a petition if this assessment is approved as it is now. Mr. Frank Raduenz Stillwater Motor Company We have the San view due to the fact that parking has no benefit to us. We are getting hit pretty hard where it doesn't do us one bit of good. With a used car lot we need area to display our cars. We feel this is an unjust price and we can't absorb it. Mr. Parkhurst Stillwater Mfg. Co. I feel our $1,800 assessment is considerably high in view of the fact that we took over some other property which was involved in this. We would be inclined to object to our $1,800. assessment. • • • (April 7, 1964-continued) 301'a • Mr. Arnold Deno Stillwater, Minnesota I own a building on Second Street; there has been no income from that building, but i have paid taxes on it for the last two years. I have been trying to get rid of it, but can't. Parking as far as that building, or I, would be concerned, would be no value to me. If it was a smaller figure I might say, o.k., but $1,500 for 100 feet is quite a bit of dough: Mr. John Jewell (representing Frank Schmidt) Stillwater, Minnesota Mr. Schmidt is protesting to the proposed assessment against him of $1,134.: the Council has seen fit to make some changes on other property, but we have the same situation - no cut. I would like to ask the Council what this is being based on. On the Connolly Shoe Company, you proposed to charge them $1,500. You are drop- ping their front foot rate to $6.90, while Frank Schmidt is still paying $15.00 per front foot. Ringer -St. -Croix is -paying $7.37 per front foot; Stillwater Mfg. is paying $7.48 per front foot; Stillwater Motor is paying $7.80, and the MCN Oorporation is paying $9.80. I would like to hear someone really state how you arrived at these figures. On Nr. Schmidt, how did you come up with $1,134.? Mayor Charlsen: No change was made on Schmidt's property because the parking area is being installed right across the street from him and also behind him. We feel that the installation of these parking areas will increase the value of his property immeasurably. John Jewell: Re provides his own parking for his tenants. You're saying the land value is being increased by one-third, according to my figures, merely by installing these parking areas: The front foot rule is not to be used as a standard for assessment on an improvement not abutting on the property:. Mr. Schmidt's assessment should be cut substanitally. Mayor Charlsen: With a parking lot on the side and behind his property, you feel that the valuation of that property isn't going to make up that difference? John Jewell: You are not increasing the value of that land by one-third; Mayor Charlsen: Anyone appraising that property would take those parking areas into consideration. John Jewell: These other parcels, for some reason, have been arbitrarily reduced - you are not setting it up on a front foot basis, so, one-half to one-third of this spent should be deleted. Councilman Powell: We went through this when we discussed it before. I don't believe there was anything arbitrary about it. I believe that the property is in- creased many times in value. Councilman Nolde: Whoever I talk to seems to think that we need this parking in order to get people to come into our downtown area to shop. If we take the down- town area off of the tax rolls and forget about it, we would be in a poor tax situation as far as the homes in Stillwater are concerned. People seem to feel we need these parking lots. John Jewell: The people who feel most strongly about it are the ones who don't have to pay for them. Either they are leasing property to someone, or if they are owners of buildings, there are provisions in the lease that the renter pay assessments. Councilman Powell: We have to draw the line someplace. We have spent a long time trying to figure this out. You say we took arbitrary figures and decided on it - we did this - but, we were advised that this was the way to do it. We didn't necessarily have to do it on a front foot basis. I feel it is a fair assessment, as fair as you can get it. John Jewell: Mr. Schmidt has a piece of property on Main Street that was also assessed; he didn't protest on that as that was a commercial business on Main. Street, but here we have a parcel that doesn't get him anything. In area, it doesn't compare with the other property. • • • 35;2 • (april 7, 1964-continued) • • Councilman Powell: If urban renewal goes through, he is going to be very happy that he has that property near the parking lots. The fact that we designated that for parking near there is merely going to increase the value of that property. John Jewell: I don't believe that it is. Mayor Charlsen: For an appraiser going in there, that property is down as low as it's going to get. John Jewell: The parking committee didn't offer him a lot more for his place than what he is being assessed for: Councilman Powell: By the same token, you can't offer him what the property is going to be worth,before the parking lots are in. John Jewell: Improvements must increase the value of property; it has to in- crease just because of this and this only, not something that will happen in the future. Mayor Charlsen: His property is right across the street from the proposed parking lots: John Jewell: He is not benefited to the amount you have here. One-half to two-thirds should be taken off. Councilman Powell: Well, it isn't necessary to decide right here and now. Mayor Charlsen: There are four pieces of property added onto this supplemental anent roll which were not included in the original sment, for various reasons: They are the Northern Pacific Railroad (Hooley's store facing Myrtle Street), the Myrtle Street side of the Cosmopolitan State Bank, Sherman and Frances Gordon, and the Wilson -Curtis Company. Mr. Sherman Crane Maple Island I want to ask the Council what the present status of this thing is. We wanted to cooperate with the whole parking picture. When the parking committee came to. discuss closing off Commercial Avenue, which we use every minute of the day, we were willing to cooperate, but as for what we call the canning plant, the foot- age was cut approximately in half on property to the north of us, the south of us, and across the street. The canning property is still left with a $15.00.: per foot assessment; this cannot be sustained when the property across the street is getting by with $7.00 per front foot. You should either cut the canning property to cooincide with the property around us, or none of then should be Cut. We would like to know just what you are going to do about it. Also, what is.. the present status on the Erickson property across from our main plant? We have no objections to being assessed for that whatsoever, but our canning property should be cut. Mayor Charlsen: The City Attorney was supposed to check on that to see what could be done. I can see your point of view. Councilman Simonet: There wasn't anyone here at the first hearing from Maple Island; we just assumed you were satisfied. Mr. Crane: We were not happy about our assessment. but we were going to go along. It never occured to us that a wholesale slashing was going to occur at that hearing; I slept blissfully through it: We want to cooperate in any way we can, but this is a little bit too much. Mayor Charlsen: Is it all right if our City Attorney contacts you regarding this? Mr. Crane: Yes. We will go along if this is cut. Mr. Hanson: Would it be in your realm to call for a rehearing? A lot of people have not voiced their opinions on this. Our new assessment is $5,000 with this new property we acquired from Sheldon Smith - we are being assessed on the sides and on the front. Probably a rehearing would be in order. • • e (April 7, 1964-continued D3 e e Mayor Charlsen: We can't call for a rehearing. That would be illegal as the bonds have been sold. Councilman Nolde: You had twenty days to file your appeal in the courts. Mr. Hanson: On this property we acquired, an appeal was filed with the courts when we bought it. The assessment as far as parking goes is of no benefit to us. Mayor Charlsen: The City Attorney is going to have to figure out some kind of an answer. Mt. Raduenz: The assessments on property in our area has a variance of about $2.00; what reason have you for this? Mayor Charlsen: No formula was used in arriving at these figures - just discussion. Councilman Powell: I would like to say that there are three manufacturing firms here - they had a greater percentage of cut. At the time we did this it was felt that none of these were in retail business here in Stillwater so this is why they were given a greater cut. Mayor Charlsen: If you were to put in a retail outlet,you would put one in where there is 100 cars going by each day rather than 50 cars, wouldn't you? Mr. Raduenz: Definitely. Mayor Charlsen: Businessmen who have brought their businesses up to date have shown a marked increase in business; if parking lots bring in 50 more people a day, there is new business bound to rub off some place along the way. Mr. Johnson: It seems like the greater amount of assessments should be on Main Street instead of where they are; we are being assessed $2,000.; more than anyone on Main Street. Mayor Charlsen: They are paying more than you are. They are paying $15.00 per front foot and you are only paying $9.80. Mr. Johnson: Do you think that parking lots downtown increase the value of our property out there? Mayor Charlsen: All other communities assess this way. Mr. Johnson: We have to furnish parking for our own patrons. No one is going to park in a lot downtown and walk all the way up to our place of business: We have an assessment of $2,000., and we have to turn around and spend $3,000 to build our own parking lot. It seems a waste to have two parking lots, one of which isn't going to benefit us at all. Mayor Charlsen: wherever traffic is being increased, business is being increased. Mr. Emerson Lewer: I didn't speak before because I don't own the building I am in. As far as my own personal business is concerned, I am sure the parking Lots will increase our business. Councilman Powell: I move the hearing be closed. Councilman Nolde: I was in favor of trying to make some sort of an adjustment on Prank Schmidt's property before. I would still like to make that same recommen- dation - to reconsider Frank Schmidt's property on South Second Street. Also, I believe that as far as the Deno property on North Second Street is concerned, we should try to adjust it also. Mayor Charlsen: We spent one evening here arguing this for hours: Councilman Simonet then seconded Councilman Powell's motion to close the hearing. After all interested persons had been given an opportunity to be heard, Mayor Charlsen closed the hearing. (further discussion under RESOLUTIONS) Councilman Nolde was opposed. 1 • s • • • 354 (April 7, 1964-continued) • • This was the day and time set for hearing on proposed assessment, Local Improvement No. 43-1963, Project k1, Street Surfacing - Fairmeadows. The Clerk read the notice for hearing aloud. The Mayor inquired if the notice for hearing was published and the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gazette, official newspaper of the City, on March 18. 1964, and a copy of same was mailed to all known property owners affected. The Mayor then opened the hearing. No one appeared for or against the proposed assessment. After all interested persons had been given an opportunity to be heard. the Mayor then closed the hearing. Mayor Charlsen: Bids were received this afternoon at 4:30 for construction of Local Improvement M47-1964 and Local Improvement N49-1964, South Romp Street and South West Street. City Engineers After tabulating all bids, I recommend the contract be awarded to the low bidder, Erwin Montgomery Construction Company of St. Croix Falls, Wisconsin, with a bid of $15.068.98. Mayor Charlsen: How does your estimate compare with the bid? City Engineer: My estimate was higher - I estimated about $17,500 to $18,000. but my estimate included cost of publications, engineer's costs, etc. I think it will be very close to what we originally estimated for Borup Street. Councilman Powell: I move that the bid of Erwin Montgomery Construction Company be accepted. The motion was seconded by Councilman Simonet. (See Resolution) Mr. Lower: The estimated cost for sewer and water on Borup Street will be very close to what the estimated cost was? City Engineer: That is correct. Mr. Lower: What does it take to change the name of a street? We feel we would like to have a nicer name for our street than Borup Street. Mayor Charlsen: It would take a petition of all property owners abutting on the street; also, a hearing will be necessary. Councilman Simonet: Mr. Falinoff can tell you more about it. City Engineer: On the bids for the Schulenberg School, I am almost sure that one of the bidders contacted the City Attorney and asked him what kind of insurance he would have to carry. The bid is based on the type of insurance. I have no objections to the City making money, but this is something that should be checked into because there are definite laws governing this by the State as to what kind of insurance must be carried. However, if mt. Rumpf demolishes the building under the name of Semple House Movers, I think they would be sufficiently covered. Councilman Nolde: I move that we accept the bid of Semple House Movers (Lawrence Rumpf); he is going to pay the City $12.00 for tearing down the old Schulenberg School. The notion was seconded by Councilman Powell. (See Resolution). • • • T (April 7, 1964-continued) • 1355 e c' City Engineer: Only one bid was received for coal. That was from the John J. Kilty Company, and you have already accepted that one. City Engineer: One bid was received for bituminous material - from the Jay W. Craig Company - I recommend that it be accepted. On motion of Councilman Powell, seconded by Councilman Iverson, the bid of the Jay W. Craig Company was accepted. (See Resolution). City Engineer: As you know there were four bids on rock salt. Three of them were for the same price - $17.60 shipped by rail. The Cargill bid was for $18.40. but it was not stated if this was by truck or rail. If the Council and Mayor will accept my suggestion, I would like to hold up on awarding this contract until I can check with Cargill to see what basis their bid was submitted on. Councilman Simonet: I move that we accept the Cargill bid subject to their delivery by truck. The motion was seconded by Councilman Iverson. (Resolution awarding contract will be passed on April 16, 1964, at 7:30 P. M.) Mr. Harold Pauley asked at this time if the City Council could do anything about methods used by the Water Board regarding unpaid water bills. He stated that the Water Board was in a position to demand payment of bills from property owners when renters moved away without paying them. Mayor Charlsen: We have nothing to do with the Water Board; they are a separate venture. Theonly thing the City Council can do is appoint the members to the Board and, if they have to raise money for something, we have to sell the bonds. but that -. is all. I had the idea at one time of trying to take the power away from the Water Board. It is wonderful that they exist and wonderful that they are a conservative organization, but they have no money in reserve to operate with. Mrs. Harold Pauley: Something could stand some shaking up. Councilman Nolde: Call them and find out when their board meets and go down and talk to them about it. Mrs. Pauley: We have. That's like talking to a blank wall; we get nowhere with them. The City Attorney was to have reported at this time on the legal steps necessary to create a housing and redevelopment authority; however, he was not present. so the item is to be carried over to the next meeting of the Council. The City Attorney was to have reported also, on his findings relative to the establishment of a park district in Stillwater. This item is to be carried over to the next meeting. On motion of Councilman Nolde, seconded by Councilman Powell, the financial state- ment of the Board of Water Commissioners. ending December 31, 1963, was approved. NEW BUSINESS On motion of Councilman Nolde, seconded by Councilman Powell, a license and permit bond from the Western Surety Company, covering George Dalruzzi, ABA Minnesota Sewer Company, for street excavations in City Streets, was approved. • • 356 e (April 7, 1964-continued) • • On motion of Councilman Simonet, seconded by Councilman Powell, a Certificate of Insurance from the Transport Indemnity Company of Los Angeles, California, covering Don Nolde, d/b/a Carlson Taxi, 221 South Main Street, was approved. On motion of Councilman Simonet, seconded by Councilman Nolde, Chief Sanders was authorized to send police officers Hanke and Fredrickson to Base Police School at the New Brighton Training Center - April 13th through April 24th. (Registration fees, meals and mileage to be paid by the City). On motion of Councilman Powell, seconded by Councilman Nolde, the following Auxiliary Policemen were reappointed for the year, 1964: Arthur Andrews Kenneth Andrews John Berg Walter Brown Richard Cartony Albert Cote Ted Gillen Herbert Greene Lawrence Harvieux Ronald Johnson Edward Raeder David Knefelkamp James Larson Donald Meyer Thomas Montpetit Ralph Pulse William Roettger Harry Sable Floyd Schwelm Harold Stiles David Thomas George Warner Gerald Zolldan It was reported that a notice of claim was filed in the Clerk's office by John Rheinberger, attorney for Esther Berg, 117 West Linden Street. Mrs. Berg claims she suffered injuries as a result of a fall on Fifth Street, north of Walnut Street. (Copy of claim sent to City Attorney and the Krog Agency on April 1, 1964). It was reported that a claim was filed in the Clerk's office by Mr. Paul Marlow of Stillwater. Mr. Marlow claims he suffered injuries as a result of a fall on South Main Street. (Copy of claim sent to City Attorney and Krog Agency on March 17, 1964). Mayor Charlsen: Our permit extension for construction at the McKusick Lake Dam expired on November 30, 1963. Shall we ask for another extension? City Engineer: The dam is not up to grade and the spillway is not built. Mayor Charlsen: Do we have to have a permit for that? City Engineer: You defin: ly do. Councilman Powell: Did anyone from the Conservation Department come over when this project was proposed? City Engineer: me plans and test pourings were taken by them. Mayor Charlsen: We have all that money in there now; I would hate to see us let it go. Councilman Powell: Is there a possibility of asking them to come over and look at it and ask for some help? Mayor Charlsen: We were informed of the problem right after we started dumping; if the dam had been built on the side of the old one, we wouldn't be having all of this trouble. • • • • (April 7, 1964-continued)' , r ' • • City Engineers In order to fix it, we would have to drop everything else and devote about two weeks to that project. I am willing to junk it. There is no sense in sending good money after bad. If we are going to go back out there and work, we are going to have to widen it all out again. I was informed the last time we got a permit that that was the end. Maybe things have changed since then, I don't know. We are willing to work on the dam; if you want to drop everything else and work only on the dam, we will do it. Councilman Powell: I think we could at least try to get another extension. City Engineer: It's better to keep a permit active rather than apply for one later on. Councilman Powell: I move that the City Engineer be instructed to ask for an extension of permit for construction of the McKusick Lake Dam, and try and fix it. Councilman Iverson seconded the motion. (Councilnan Simonet was opposed). City Engineer: When the sewer lift station was put in on South Everett Street, there was a five foot piece of property listed for Albert & Helen Ritter; also the Wh of Lot 31. Lakeview Hospital acquired the land before the ment roll was made out, but no change came through on it from the Court House. That five footstrip was then purchased by Mr. Howard Madsen to fill out a piece of ,:property. when the sment was certified to the County, the whole thing was certified against Mr. Madsen except that five feet. He is willing to pay for that five :feet, but not the back one half. I don't believe the hospital has to pay for it either as they get sewer on Anderson Street. Councilman Powell moved that a resolution be drawn deleting the following Assess- ment from the Local Improvement #33-1961 assessment roll: x'..' Albert a Helen Ritter The wh of Lot 31 except the S. 15 ft. & the N. 5 ft. of the S. 20 ft. of the E+ of Lot 31. $131.87 Mr. Howard Madam will then pay $23.88 for the 1963 certification of the five feet of property he owns. On motion of Councilman Simonet, seconded by Councilman Powell, the following sewer rental charges were fixed for the balance of 1964: 58180 Muller Boat Works New $5.00 2-240 Washington County Historical Society Reopen $5.00 3-40 Robert Steffen, 1322 7th Ave. S. New $5.00 4-20 Mrs. I. J. Daly, 718 6th Ave. S. Reopen $5.00 4-380 Don Roettger, 712 5. let Street Reopen $5.00 6-405 F. Steinhorst, 912 5. 4th Street Reopen $5.00 7-235 Robert Parks, 1209 S. 5th Street Reopen $5.00 8-530 Mrs. Katherine Millarch, 916 S. 7th Reopen $5.00 8-540 Mrs. Frank Schaffer, 505 W. Churchill Reopen $5.00 8-560 Mrs. Hulda alickley, 812 S. 7th Reopen $5.00 9-652 Village Homes, 905 W. Willard St. New $5.00 11-110 Village Homes, 622 w. Olive Reopen $5.00 15-185 Don Kuker, 510 N. 5th New $5.00 15-360 Clyde Allen, 923 W. Maple New $5.00 17-755 Mrs. S. Schadegg, 4th & Wilkin Reopen $5.00 (Antique Shop) 18-241 Don Hill, 610 W. St. Croix Ave. New $5.00 18-349 Mrs. Ed Elgethun, 508 W. Sycamore Reopen $5.00 18-364 Douglas Johnson, 214 W. Sycamore New $5.00 19-264 Alex Kraemer, 1410 Riverview New $5.00 20-172 Winnie Ulrich, 127 N. Brick New $5.00 20-182 Lloyd Bodlovick, 1406 W. Myrtle New $5.00 21-230 Village Homes, 723 w. Orleans $5.80 (George McFadden - former rate) 17-584 Leonard Simons, 524 w. Stillwater Ave. $5.00 • 3. 08 e (April 7, 1964-continued) • • ORDINANCES On motion of Councilman Powell, seconded by Councilman Simonet, the first reading of "An Ordinance Regulating Electricians and Providing for the Inspection of Electrical Work" (Ordinance #328 as revised by the Building Inspector) will be carried over to the next meeting of the Council. (Regular Adjourned Meeting - April 16, 1964 at 7:30 P. M.) RESOLUTIONS The following resolutions were, on roll call, unanimously adopted: 1. Directing the Payment of Bills. 2. Ordering Improvement and Accepting Bid for Construction, Local Improvements #47-1964 and #49-1964 (South Borup Street and West Pine and South West Streets) 3. Accepting Bid and Authorizing Execution of Contract. (Schulenberg School) 4. Accepting Bid and Authorizing Execution of Contract. (Coal) 5. Accepting Bid and Authorizing Execution of Contract. (Bituminous Material) 6. For Hearing on Local Improvement No. 45-1963 (Myrtle Street) Councilman Nolde: On the basis of the letter we received from Bluff City Lumber Company (set forth below), I move we reduce their assessment from $5.000 to $4,308.60. "Under the supplemental assessment for parking improvement, the Bluff City Lumber Company has been assessed in the amount of $5,000. At the first hearing on the parking improvement. we re- quested that consideration be given the assessment of the Bluff City Lumber Company to place it on a more just and equitable basis. We feel that this $5,000.00 is not justified and can not understand how this amount was arrived at. At the First hearing, we explained that we were being assessed on our property at 301 S. Second Street on the Olive Street side rather than on the Second Street side, which is considered the front of the property. It is our understanding that the front of the building is the basis used in arriving at the amount to be ed. Also. we did not feel that we should pay an assessment on the old NSP property and the vacant lot which we maintain for parking on the west side of Second Street. Apparently assessments have been made on all parking lots maintained by merchants for their custo- mers so that elimination of ours can not be considered. However, we feel strongly that the NSP property should be excluded. Based on the above, our assessment should be figured as follows: Total footage West side Second Street 299.1 feet Less old NSP property purchased from city 103.00 " Assessment footage 196.1 feet Front footage property 301 S. Second St. 91.14 Total assessment footage 287.24 Assessment footage 287.24 x 15.00 = $4,308.60 These changes will put the assessment on a footage basis and is a mighty large assessment in comparison with other merchants who will derive much more benefit from the proposed parking facilities. However, if these changes are made, we will feel that the assessment is more justified and will cooperate on the project." • • • • (April 7, 1964-continued)) ,359 Councilman Simonet: As far as I can see, they want to be assessed on Second Street instead of Olive Street. We cut it previously from $5,500. to $5,000.; now they are asking for an assessment of $4,308.60. Councilman Nolde: I move we assess them the same as the other property owners on Second Street - for $4,308.60. The motion was seconded by Councilman Simonet. Councilman Simonet: As far as the rest of them on the supplemental assessment roll, I move we leave it the way it is. The motion was seconded by Councilman Powell. Mayor Charlsen then asked for a vote on each individual name on the supplemental assessment roll, with the following results: MCM Corporation No Change - Remain at $2,000.00 Stillwater Motor Co. - No Change - Remain at $2,000.00 Stillwater Mfg. Co. No Change - Remain at $1,800.00 Elinor F. Ringer - No Change - Remain at $1,000.00 Erickson -Post Co. No Change - Remain at $1,505.25 Councilman Nolde: I would like to plea for Mr. Deno. He is trying to Bell his place for $6,000. and he hasn't been able to do it; now he has a $1,500. assessment: Councilman Powell: The property will increase in value when the urban renewal has a majoraffect on the downtown area. We didn't cut Deno or Frank Schmidt because the value of the property was in the value of the land. I suggest we leave Deno at $1,500. (Councilman Nolde was opposed). Arnold & Helen Deno No Change - Remain at $1,500.00 Connolly Shoe Co. No Change - Remain at $1,500.00 Frank Schmidt - No Change - Remain at $1,134.75 Bluff City Lumber - Change - Reduce to $4,308.60 (2.217.15) N.P.Railway (Hooleys)- No Change - Remain at $1,098.00 Cosmopolitan Bank - No Change - Remain at $1,800.00 Sherman & Frances Gordon No Change - Remain at $ 375.00 Wilson -Curtis Co. - No Change - Remain at $ 375.00 Councilman Powell then introduced Resolution No. 2626, entitled, "Resolution Adopting Supplemental Assessment, Parking Facilities Improvement", and moved for its adoption. The motion was seconded by Councilman Simonet, and upon roll call, the vote was as follows: Yes: 4 No: 1 whereupon said resolution was declared duly adopted. (This resolution not published within required 10 days due to circumstances 9-iv4J beyond our control - readopted on April 16, 1964 at Adjourned Meeting - 7:30 P.M.) ADJOURNMENT On nation of Councilman Powell, seconded by Councilman Nolde, the meeting adjourned to Thursday, April 16, 1964, at 7:30 P. M. (This meeting closed at 11:10 P. M.) Mayor • • too Attest: City • 3G • Council Chamber Stillwater, Minnesota Regular Adjourned Meeting April 16, 1964 7:30 P. M. The meeting was called to order by President Charlsen. Present: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. Absent: None. Mayor Charlsen: There are some items carried over from the last meeting that weren't completed. However, we have some visitors here tonight, so we will take care of them first. Mr. Winston Sandeen: Stillwater Taxi is requesting a parking space at 202 South Main Street for a taxi stand; they are presently at 115 East Chestnut and that building is going to be razed. Councilman Nolde: At this time I would like to ask if 1 could be relieved from this Council seat as there is a conflict of interest. Mayor Charlsen: You are excused. Councilman Iverson: A taxi stand there would create worse traffic around there than we have now; we should probably pull one meter out and make more yellow curb there. Mr. Sandeen: There is a yellow strip at the southwest corner of the intersection now. We would like the first metered zone from the corner. Councilman Powell: At one time the Carlson Bros. Taxi wanted that same location; they asked the Council when Mr. Madsen was Mayor; they were refused on the same grounds that we would refuse it now. Traffic would be congested. At one time the Highway Department insisted that no taxis be located on Main Street or on Chestnut Street. To me it seems like the situation hasn't changed any; if the previous Council decided this wasn't a good move, we can't say that this would be a good move. Mr. Sandeen: We are not requesting the yellow zone, we are requesting the space now used as a metered zone. I have explained to my clients that this is a busy corner and if there was a violation of the yellow zone, there would be a penalty; we are asking for nothing more than what is already being used for traffic on Main Street. Prescott rented a fairly large store space; this will be helpful to people of Stillwater who are waiting for taxis in inclement weather; this would be a service to people insofar as convenience is concerned. Councilman Powell: The location doesn't make it any more of a service. Mr. Sandeen: Lots of people wait in taxi stations. I don't see how it would create any difficulty aside from what we already have. Councilman Powell: This was all brought out to a previous council. At that time they felt it was too close to the corner; that in itself would make it a poor space. Mr. Sandeen: They would get off the main artery of traffic immediately by swinging right into their stall; this would get traffic off the street much quicker. Councilman Simonet: It doesn't seem to me that it is an unfair request; it's just putting another use to space already used for parking. If there was any violation of the yellcw zone, then the permit could be revoked. L would be all for going along with it. I move the permit be granted with the condition that the yellow zone not be violated. There was no second to this motion. • Councilman Simonet: I will withdraw my motion, and move that the matter be • • • • (April 16, 1964-Conti.9y41 \ • , ill 1 referred to the Chief of Police; he can investigate and report back to the next meeting. Councilman Powell seconded the motion. APPLICATIONS On motion of Councilman Nolde, were granted to the following: seconded by Councilman Simonet, soft drink licenses Orien Walker 806 South Main Street Donald Meyer 103 North Main Street Thomas Curtis - 414 South Main Street COMMUNICATIONS From the Minnesota State Fire School, announcing that April 28, 1964, is desig- nated as City Officials Day. (Registration blanks enclosed.) Mayor Charlsen: Councilman Powell, is the fire department going to have a representative at the fire school this year? Councilman Powell: No. We are going to be way over the budget as it is; we can't afford it this year. From Thelon Hall Youth Center requesting adjustment in sewer service charge to $5.00; a statement was attached showing services rendered for plumbing repairs which were necessary. On motion of Councilman Nolde, seconded by Councilman Iverson, the adjustment was approved. From the State of Minnesota Water Pollution Control Commission approving plans for Borup Street and South West Street sewer extensions. From the International Institute of Municipal Clerks, announcing that the Stillwater City Clerk received an assignment to a panel, relative to the "Clerk's Roll" in a Mayor -Council form of government,at the International Institute of Municipal Clerk's convention in New Orleans. The Clerk reported that he would not attend this convention. From the State Fire Marshall's office stating that granting a non -conforming permit to Stillwater Manufacturing Company to erect a metal building in the business district of the City would depend on the local zoning and building codes. Exits, etc., were approved by that office. From Mr. Charles Thompson, Building Inspector, regarding the same permit, stating he was not opposed to the construction of the building, but that authority to issue a permit would have to come from the City Council for a Special Permit. Councilman Nolde: Mr. Thompson said that as far as he is concerned, he is for the project and it would be a matter for the Council to discuss tonight. Councilman Iverson: I move that a Special Permit be granted to Stillwater Manufacturing Company. The motion was seconded by Councilman Nolde. • %✓ • • • • 36.2 (April 16, 1964-continued) e • COMMITTEE REPORTS '— Councilman Iverson: I think it's time we started getting Pioneer Park cleaned up; I would like authorization to have Mr. Kelm continue the same as last year. Councilman Powell: I have only one objection - that he be limited to the amount of sign painting he does; he isn't too good at it. I think he should be instructed not to do any more sign painting. I move that the Councilman in charge of parks be instructed to take the necessary action to open Pioneer Park and get it cleaned up to his satisfaction. The motion was seconded by Councilman Nolde. Mayor Charlsen: I received a request to put up swings on South Broadway. Councilman Nolde: I will stop and see Mr. Blekum tomorrow and ask him to put them up. Councilman Nolde; I have only one item; Mr. Kress is building a home on Everett and Hancock Streets; the sewer caved in and the blacktop caved in also; Houston dug it in. Councilman Powell: When we decided to have a volunteer fire department as a supplement to our regular fire department, did we pass an ordinance on this? Mayor Charlsen: No; just a resolution. Councilman Powell: We received a copy of an ordinance from the Village of Plymouth covering their fire department. I think something like that should be on the books here in Stillwater, even though the proposed change to a full volunteer fire department wasn't approved. It seems that some ordinance should govern the volunteers. Mayor Charlsen: The volunteers are a Civil Defense organization; not a function of the City of Stillwater. Councilman Powell: They shouldn't have the right or authority to say. 'we will quit', if things don't go their way. They are receiving funds from the City; there should be some rules. Mayor Charlsen: They have got their own constitution, so called charter and by-laws. I would rather leave it alone instead of trying to push it. City Clerk: We do not have such an organization under our City Charter at the present time. It was more or less of an agreement. We have no way at the present time to govern the volunteer firemen. Mayor Charlsen: We had to have a civil defense corps and an auxiliary police department in order to get the rescue truck for the City of Stillwater. As long as the present fire department is in existence, you won't be able to set up hard and fast rules that are not in their favor. City Clerk: They were organized under civil defense; they are being paid as employees of the City, so they should sign an oath. Councilman Powell: It deserves some consideration. It is too loose knit. When you try and do something or make a suggestion that doesn't please them, they quit. Councilman Nolde: I move we instruct the Councilman in charge to study this and report at the next meeting. The motion was seconded by Councilman Iverson. • • • (April 16, 1964-continued). 'f • • Councilman Simonet: Ithink we should discuss the relocation of Borup Street. City Engineer: You will re -all that Mr. Halsey brought this up at the meeting the night of the hearing. The relocation was never recorded. Councilman Simonet: There must have been a deed to the City. City Engineer: I don't know - we are in a situation now where the contractor will be starting out there to work Monday or Tuesday of next week. If we do not have an agreement that a deed is recorded, or will be recorded, we will be tress - passing. City Clerk: We have one certificate of title to get from a former owner in order to make a recording in the Register of Deeds office. We have been unable to get it; this is holding up the works. Councilman Simonet: If the transfer has been affectuated by the parties, then it is still good. I move this matter be referred to the City Attorney. The motion was seconded by Councilman Powell. PETITIONS A petition was presented by T & L Incorporated for the following improvements: 1. Installation of water as follows: (a) On Hanson Place from the North line of Lot 29 to Fairmeadows Road in Fairmeadows No. 1; on all of Crestwood Terrace between Fairmeadows Road and Interlachen Drive in Fairmeadows No. 2; (c) On all of Hanson Circle between the two intersections thereof with Fairmeadows Road in Fairmeadows No. 2; 2. Installation of sanitary sewer as follows: (a) On all of Crestwood Terrace between Fairmeadows Road and Interlachen Drive in Fairmeadows No. 2; (b) On all of Hanson Circle between the two intersections thereof with Fairmeadows Road in Fairmeadows No. 2; 3. Installation of hard surface street as follows: (a) On all of Crestwood Terrace between Fairmeadows Road and Interlachen Drive in Fairmeadows No. 2; (b) On all of Hanson Circle between the two intersections thereof with Fairmeadows Road in Fairmeadows No. 2; (c) On Fairmeadows Road from Dundee Place in Fairmeadows No. 2 to Hanson Place in Fairmeadows No. 1. Councilman Powell: I move that a resolution be drawn stating the adequacy of the petition. The Motion was seconded by councilman Simonet. (b) UNFINISHED BUSINESS Mr. Sherman Crane Maple Island, Inc. I missed the December 27th hearing on the parking; I don't intend to miss any more meetings if there is a possibility of this parking thing coming up. You can be • • • (April 16, 1964-4ontinued) 3fi4 • assured that I will be here until we get satisfaction. Mayor Charlsen: Your property has already been assessed and you have already appealed with the District Court. We stated that we would have the City Attorney contact you and try to see if you could work something out. City Attorney: I am not in a position to start negotiations. I would like to wait until all appeals have been presented. If we can make a settlement. among us, we will get the District Court to approve this. City Clerk: We acted on the assessment at the last meeting, but due to some difficulty with the newspaper, we are asking that you readopt this assessment tonight. The Gazette is tied up with a full paper on Friday. If you readopt it tonight, it will then give the property owners a full thkty days to make the first payment without interest if they wish to do so. When the resolution is adopted, that is when the interest starts and they should have a full thirty days within which to make payment in full. Mr. Crane: Approximately how long will it be before we can enter into negotiations? City Attorney: Twenty days from tomorrow is the deadline for any further appeals. City Attorney: Before a Housing and Redevelopment Authority can be established in Stillwater, it would be necessary to have a public hearing. I think you should set a date for the hearing tonight; a minimum of ten days notice is re- quired in the newspaper only. Between now and the hearing, we can prepare a resolution so that after you have had the public hearing, you can consider the resolution and provide for its publication. Mr. Robert McGarry: Mr. Aaker is sending us a copy of the resolution used in Montevideo. I think we should go slowly on this so we can do it right. Actually, what's happened is, you have no Housing and Redevelopment Authority. After the public hearing, the Mayor has to reappoint the members; they elect a chairman among themselves. We know what we are supposed to do, but we don't want to do anything until we know it's the right thing to do. City Attorney: There may be things applicable in Montevideo that are not applicable here in Stillwater. We may have to change the resolution somewhat. Anything as important as this urban renewal program, it might be the only hope for the damn town, should be held on a night when nothing else is scheduled. Councilman Nolde: I move we hold the public hearing on the Housing and Redevelop- ment Authority on May 7, 1964, at the City Hall at 8:00 P. M. Councilman Powell seconded the motion. The City Attorney read the resolution authorizing purchase of the Luella Humphrey property for parking purposes. City Attorney: The resolutions for the other properties will be basically the same except for the descriptions. Councilman Iverson: Do these resolutions cover the purchase of property as originally stated in the options? City Attorney: Yes. Mr. Peaslee said that as soon as the property is purchased he will make arrangements to get out of his building. Mayor Charlsen: This should all be finalized before the 1st of May? City Attorney: Yes, but I don't think we should have the contractor come in before then. • • • • • • (April 16, 1964-continued). 365 • • Mayorthese propertiese p- thehPino propertyrailroad perhapsPproperty be drawn in on one City Attorney: The railroad property is heavily encumbered with bonds. I will contact Mr. Juba again. In connection with the Peaslee property, I understand that the fellow who has a contract to raze the buildings has suggested that we call for bids to wreck the Peaslee property when he is in Stillwater as he would e en e can wreckuuntilohe hasevacated. 1 wouldnsuggest hwe stall eoff ovacate; this fellow. City Engineer: I was instructed to contact Cargill, Incorporated regarding their bid of $18.40 per ton on rock salt; I did this and their bid was for truck delivery. This is the lowest bid as it is actually more economical for us, because if it comes in by rail we would have to unload it, etc. On motion of Councilman Powell. seconded by Councilman Nolde, the Cargill, Incorporated bid on rock salt was accepted. (See Resolution). City Attorney: I checked the statutes regarding the establishment of a park district in Stillwater. A park district refers to more than one municipality and should include part of Ramsey County. We would have to talk every community from here to the County Line into going along with us if we wanted a park district. Mayor Charlsen: Therefore, we don't want a park district? City Attorney: That's right. I called Chet Wilson and he takes the attitude tude that we have a park board. We have an ordinance passed on May 2. 1916, sets forth the commission to be known as the Stillwater Park Commission, and it states that they shall have power to control all parks in the City - they are not limited to Lowell Park. Councilman Nolde: As far as removing trees are concerned. the park commission has no funds. Mayor Charlsen: Make copies of that ordinance and mail it to the members of the park board. Councilman Iverson is in charge of City parks as far as the Council is concerned, any changes should be referred to him and he can approach the Council with it. Councilman Nolde: I think things are going well just as they are. do h bMayr utope plelhave Karl fromthe had the parknboardgto to remove trees on boulevards; trees. City Clerk: Prior to 1958, the City made a levy for park purposes which was an illegal levy for twenty years. The Charter Commission then decided that a park fund should be established; the matter was then placed on the ballot and the voters passed the amendment to the Charter, creating a park fund. I would think that removing trees from boulevards comes from the general fund; we cannot use park fund money to remove trees. City Engineer: There should be a fund set up for that purpose. City clerk: The hearing for Local Improvement *42 was set up for the 28th day of April; however, there are about five hundred property owners involved - names and addresses have to be checked and notices have to be sent to all of these people. I would like to suggest that the date of the hearing be changed to a later date. I believe we can still open the bids on the 28th as advertised, and hold the hearing after the bids have been opened. • • 36 e (April 16, 1964-continued) e • City Attorney: In my opinion, you can open bids and hold the hearing at a later date; the City has the right to hold all bids for a period of thirty days. Mayor Charlsen: We will have the hearing on Local Improvement #42 at our next Regular Council meeting - May 12, 1964. NEW BUSINESS On motion of Councilman Powell, seconded by Councilman Nolde, the following bonds were approved: 1. Surety bond, issued by Hartford Accident & Indemnity Company, covering Marlene J. Anderson for the position of Deputy Clerk of Municipal and Conciliation Court, in the sum of $1,000.00; 2. Surety bond, issued by St. Paul Fire & Marine Insurance Company, covering Howard L. Hanson for the position of City Assessor, in the sum of $5,000.00. On motion of Councilman Nolde, seconded by councilman Iverson. the following Treasury Bonds were approved, subject to approval of the City Attorney: $55,000. U. S. Treasury Bonds of 1966; Coupon Bond - 3-3/4% dated 11-15-60, due 5-15-66 with 5-15-64 Coupon and S.C.A. numbers 12512-4, 12496-7 at $10,000 each; 3879 at $5.000; $200,000 U. S. Treasury Bonds of 1966 - 3-1/3%; numbers 19696-97 at $100.000 each, due 5-15-66; $100,000 the Twelve Federal Land Banks - 4% Cons. Fed. Farm Loan Bonds; number 687 at $100,000, due 6-20-68. On motion of Councilman Nolde, seconded by Councilman Powell, the following insurance policy was approved: Insurance Policy No. 25-54308, issued by the Fidelity -Phenix Insurance Company, covering one-story frame pavillion at Lowell Park against fire, lightning; and extended coverage, in the sum of $2,000.00. ORDINANCES On motion of Councilman Iverson, seconded by Councilman Nolde, the Clerk made the first reading of. "An Ordinance For Safeguarding Persons and the Welfare of the Public; Creating the Office of Electrical Inspector and Prescribing His Duties, Rights and Authority; Establishing Standards for Electrical Equip- ment and for its Installation and Requiring Conformity Therewith; Making it Unlawful to Undertake the Installation of Electrical Equipment Without a Permit Therefor, Except as Otherwise Provided; Establishing License and Permit Fees; Providing Penalties for the Violation of This Ordinance and Repealing All Ordinances and Parts of Ordinances in Conflict with This Ordinance". RESOLUTIONS The following resolutions were, on roll call, unanimously adopted: • • • • (April 16, 1964-continued) 307 ' e • 1. Resolution Adopting and Confirming Supplemental Assessments for Parking Lot Improvement. (No. 2626) 2. Resolution Authorizing Purchase of Land for Off Street Parking Purposes (Peaslee property) 3. Resolution Authorizing Purchase of Land for Off Street Parking Purposes (Stillwater Auditorium Company property) 4. Resolution Authorizing Purchase of Land for Off Street Parking Purposes (Erickson property) 5. Resolution Authorizing Purchase of Land for Off Street Parking Purposes (Pino property) 6, Resolution Authorizing Purchase of Land for Off Street Parking Purposes (Humphrey property) 7. Amending Section 1 of "Resolution Ordering Hearing on Improvement, Approving Plans and Specifications Therefor, and Ordering Advertisement for Bids", Adopted by the Council on March 24, 1964. (LI #42) 8. Adopting Assessment, Local Improvement #43, Projects 1 and 2 9. Accepting Petition and Ordering Preparation of Preliminary Report (Fairmeadows) 10. Authorizing Formation of Central Washington County Planning Commission, and Authorizing the Expenditures of Funds Therefor 11. Authorizing Payment to the Secretary -Treasurer of the Central Washington County Planning Commission ($200.00) 12. Accepting Bid and Authorizing Execution of Contract (Rock Salt) ADJOURNMENT On motion of Councilman Powell, seconded by Councilman Nolde, the meeting adjourned to April 28, 1964, at 7:30 P. M. (This meeting closed at 11:34 P. M.) Attest: • • • 368 • . Council Chamber Stillwater, Minnesota Regular Adjourned Meeting April 29, 1964 7:30 P. M. The meeting was called to order by President Present: Councilmen Iverson, Absent: None Charlsen. Nolde, Powell, Simonet and President Charlsen. UNFINISHED BUSINESS (Out of Order) This was the day and time set to open bids on ments: Local Improvement *42 Resurfacing Mulberry Street between Water Street between Third Street between Myrtle Street between Churchill Street between Sealcoatinq Sixth Street between Olive Street between William Street between Wens Street between Second Street between Center Street between First Street between Second Street between Sherburne Street between Hancock Street between the following proposed improve - North Owens and North Fourth Streets East Myrtle and East Chestnut Streets East Orleans and 387.46' N. of E. School Street Main and 105' East of Water Street South Third and South Greeley Streets West Olive and West Pine Streets South Main and South Second Streets West Myrtle and West Mulberry Streets West Pine and West Olive Streets East Myrtle and East Nelson Streets West Myrtle and West Ramsey Streets East Orleans and East Willard Streets East Orleans and East Willard Streets West Myrtle and West Linden Streets Sixth Avenue South and South Seventh Street The Clerk read the notice for bids aloud. The Mayor inquired if the notice for bids was published, and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City. on March 31. 1964 and April 7, 1964. The following bids were then opened and read aloud: 1. T. A. Schifsky 6 Sons North St. Paul, Minnesota Resurfacing $31,142.50 Start Work: complete Work: 10 days after award of contract On or before 30 days after award of contract Sealcoatinq $ 7,496.25 Start Work: On or before July 16, 1964 Complete Work: On or before September 1, 1964 • • • • (April 28, 1964-continued)',\• 369 • 2. Bituminous Surface Treating Company Inver Grove, Minnesota Resurfacing $43,895.90 Start Work: Complete Work: Sealcoatinq $ 9.322.75 Start Work: Complete Work: 3. Tower Asphalt, Inc. St. Paul, Minnesota Resurfacinq $31,451.50 Start Work: Complete Work: Sealcoatinq $ 7,547.50 Start Work: Complete Work: 4. Alexander Construction Co. Minneapolis, Minnesota July 1, 1964 On or Before September 1, 1964 July 15, 1964 On or Before September 1, 1964 June 1, 1964 July 1, 1964 August 1, 1964 On or Before September 1, 1964 Resurfacinq $46.077.00 Start Work: June 1, 1964 Complete Work: On or Before September 1, 1964 Sealcoatinq $ 8,597.50 Start Work: On or Before August 1, 1964 Complete Work: On or Before September 1. 1964 On motion of Councilman Nolde, seconded by Councilman Iverson, the bids were referred to the City Engineer for study and report on May 12, 1964. Mayor Charlsen: We have some individuals here this evening; we will hear from them before proceeding. Mts. Eugene Buck 1013 South Seventh Street Our property doesn't face on Hancock Street, but we would like to request that you pave Hancock between South Seventh Street and Holcomb Street. We brought this up last fall and we were assured that this would be done early in the year. Mr. Schultz received an estimated cost, and with curb and gutter it would cost about $4.00; without this it would cost about $2.00 per foot. Mrs. Zorn (not present) would be in favor of blacktopping, but without curb and gutter. Mr. Raymond Schultz 501 West Hancock Street We would like a new estimate on our block for blacktopping without curb and gutter. a • • 370 (April 28, 1964-continued) • • Mayor Charlsen: We received a letter from Mrs. Buck; did you answer it, Ron? City Engineer: I answered her letter this morning; it is in the mail. As the nt on yea agonthateno mooreBstreets uck in mwould y tbe, constructed) inethe CityofStillwater about rwith-s out curb and gutter. Mayor Charlsen: The reason for that was that we have put in streets without curb ple come and gutter and two or three years off the ages, etc. later, Itmeans oin continualmaintcomplain that maintenance and traffichas repair. Mrs. Buck: Well, that is what will happen to all the streets you are going to resurface this year; there is no curb and gutter on those streets. Wouldn't it look funny with curb and gutter only on our block, when other streets in the neighborhood don't have it? City Engineer: The reason we didn't plan on doing your street this spring is because in order to get a contractor in here with his equipment to do just one block, we would have to pay an exhorbitantly high price. It was my suggestion to the Council that we hold off this year until we get some more street work. Mrs. Buck: In the meantime, could we have some oil put on the street? rougher; you will have Mayor Charlsen: If you put oil on it, it's going to get to have it graded. Mrs. Buck: We can't even open our windows. the dust is so thick! Mr. Schultz: As long as Mrs. Zorn is in favor of going ahead with blacktopping now, we should do it right away. We have been working on this for four years. Mrs. Buck: Is there a possibility of getting a sealer of any type on it this year? Mayor Charlsen: What about salt? City Engineer: Sodium Chloride? it would cut down the dust problem some, and would help considerably. Every time it rains, it's that much better. Councilman Nolde: How much more would we be talking about if we would do this blacktopping now - just one block? City Engineer: I couldn't say. I have talked to some contractors and they wouldn't even bid on it for just one block as they would have to bring in heavy graders and 31 of their big equipment. I would not recommend oiling that street. If the Council so desires, we could try the salt treatment; it would alleviate the situation for this summer. I would seriously not advise advertising for bids this summer because the big contractors would not bid, and if you did get a bid it would be quite high. Mrs. Buck: We still want to net rid of curb and gutter. Councilman Nolde: That would look kind of odd with only one block of the street having curb and gutter. Mayor Charlsen: It isn't going to be too many more years and you will want that regardless; it just doesn't seem right that you should put in a new street and a couple of years later spend more money to install curb and gutter. You are just spending more money in the long run. What do you say we try the salt treatment on it? It might help the situation for this year. Mrs. Buck: How long would that last? City Engineer: There have been occasions where it has lasted several years. Mrs. Buck: Maybe that would be the solution; until the time comes to put in curb and gutter along with the blacktop. • • • • • (April 28, 1964-continued) 371 • as Mayor Charlsen: He isn't guaranteeing that it will last for three or four years. well, we will try it this summer and see how it works. Mr. John Connors 923 South Sixth Avenue I would like to go on record as being in favor of the work proposed for Mulberry Street (LI e42); I won't be here the night of the hearing. Mrs. Harold Pauley: We have to do something with our street also (Echo Lane) it's full of holes. When you put salt on Hancock Street, couldn't you mix enough to put some on Echo Lane also? Councilman Powell: There is a difference between your request and the request of those on Hancock Street - they want blacktop now, but we can't do it for them so we will put salt on it just for this year; you don't want blacktop at all. Councilman Nolde: Councilman Powell is right. They want blacktop. If you would commit yourselves and ask for blacktop now, we would forget about the salt on Hancock and go ahead and blacktop both streets. Mrs. Pauley: You can see our point. If the whole area is done, we will be in favor of it, but I can't see doing just one block and having to pay for it while others make a race track out of it. APPLICATIONS The Clerk reported that an application had been received from Mr. David W. Olson of South St. Paul, Minnesota, and Norman E. Webb of St. Paul, for a taxi cab license, covering four cabs. (Check attached in the sum of $60.00). Mayor Charlsen: Is this for the purchase of an existing taxi line? City Clerk: Yes; the Carlson Taxi Company. Councilman Powell: I move the license be granted subject to approval of the insurance policy. Councilman Nolde seconded the motion. NEW BUSINESS (out of order) Mr. John Connors: I have talked with a number of you separately concerning property across the street from my house. I think it's a shame to let Mr. Bliss turn his property into a city dump: Junk sets out there all year long. Councilman Nolde: The Planning Commission is meeting tonight next door; wouldn't it be advisable to send Mr. Connors over there? Councilman Powell: That is the place to take your complaint; they in turn can make a recommendation to the Council. Mr. Connors: They have already zoned that area, but I will go over and talk to them. I have one other point I would like to bring up. Last year we had difficulty with worms eating the elm trees in town. Can I urge that the trees be sprayed now as this is the opportune time to spray because the trees are in the early budding stage - spray the ravines. vd • • • J 7 2 • (April 28, 1964-continued) • • Councilman Nolde: I think it's more or less useless for the City to do it if the County doesn't do it; it has to be a program throughout the whole County. Mr. Connors: I realize it would be most effective that way, but last year the trees were sprayed for about a ten day period and it helped considerably. COMMUNICATIONS From Mr. Richard Rines of Wayzate, Minnesota, with $30.00 check enclosed. Mr. Rines stated he had sent a letter to the Council, through Dr. Blodgett. regarding some old equipment at the fire station. He is interested in buying the equip- ment. On motion of Councilman Nolde, seconded by Councilman Iverson, the matter was referred to Councilman Powell for investigation and report at the next meeting. From K. G. Enterprises, Minneapolis, Minnesota, stating they held a dance at the Stillwater Armory without a permit, on permission of Mayor Charlsen. They are now requesting that a dance permit be issued. Councilman Nolde: I move the permit be granted. The motion was seconded by Councilman Iverson. From Mrs. Paul Norgren stating her car sank into a hole on Greeley Street and had to be taken to Stillwater Motor for repairs. She will contact the City Council regarding payment of the repairs if it develops into a large amount. On motion of Councilman Nolde, seconded by Councilman Iverson, the letter was referred to the Water Board, as they dug the hole in question. From Northern States Power Company announcing new and lower electrical rates for residential areas. Copy of minutes of Planning Commission meeting. The Councilmen reported that they had all received copies of said minutes. From Chief of Police Sanders, recommending that the Stillwater Taxi Company be given the second metered space on Main Street, south of Chestnut, for a taxi stand. for a period of six months. Councilman Simonet: I move that the request of the Stillwater Taxi Company be granted. Councilman Powell: Before we vote, I would like to say that this was refused when Mr. Law was Chief of Police here: conditions are no better now. I noticed the other day that a sign had been put on one of the parking meters down there saying, 'no parking', and taxis have been parked there. They are even parked in the yellow section and meters were in the red while they were parked there. To me it seems strange that we hend over backwards for one taxi company when the other one couldn't get permission to use that space. • • • • (April 28, 1964-continued) • 373 • Mayor Charlsen: No one was given permission to put a no parking sign on that first meter. Councilman Powell: It's a poor spot for a taxi stand. If he continues to operate that way, he should have a hard job getting his license renewed next year. Councilman Simonet: If there is no second I will withdraw my motion. Councilman Powell: If he is going to do that now, he is going to have his way when he does get approval. I move this should be carried over to our next regular meeting on the 12th. The Chief of Police can explain why he made this recommendation. Councilman Iverson seconded the motion. COMMITTEE REPORTS Councilman Simonet: We are having some trouble at the Fire Station with a pump. Mayor Charlsen: In some way, water has been diverted into the fire department basement and runs into the dug out space where the boiler is located. They feel they have to have a new pump; I think it should be taken care of right away or we may be faced with putting in a new furnace over there. I would like to request that the City Engineer and the Building Inspector buy a new pump. On motion of Councilman Powell, seconded by Councilman Nolde, the Mayor's request was granted. Councilman Simonet: I see no reason why we shouldn't employ Mr. West again this year to spray trees. Councilman Powell: I move this be left to the councilman in charge. The motion was seconded by Councilman Nolde. Councilman Powell: I have nothing to report. Mayor Charlsen: I would like to mention one item concerning the fire department - A gentleman came in here two or three different times and stated that if a fire occured in the dump and hurt his pine trees he would go after the City. Last Sunday at 4:45 P. M. the hill started burning where his pine trees are located; the fire department went out and fought it for about an hour - 1 think we are going to hear about this. Incidentally, Mr. Rivard is trying to sell his property out there and he has more paper scattered around there than there is in the dump. He asked that it be cleaned up. You have got to give some consideration to a new dump. Something has got to be done. Councilman Nolde: I am sure that if we let it be known, we could find some citizens who would be willing to buy some property. We could charge citizens of the City a flat rate for use of the dump. Either that or buy the Rivard farm and have our dump right there. We have to let our wishes be known. We should have someone investigate and report back to the Council. City Clerk: One suggestion that has been made quite often is to enter into an agreement with Mr. Miller who is presently operating a dump south of Bayport. Councilman Nolde: What the Mayor should probably do is appoint a committee to sit down and try and work something out. City Clerk: The big problem isn't in the dump; it's the people going to the dump who scatter debris all over. • • • 3 ; (April 28, 1964-continued) • • r Councilman Nolde: If the City could negotiate with Mr. Rivard, it would be a beautiful place for a dump we could plant some trees and no one would even see it from the roads. Councilman Powell: I suggest that the first step should be that the Planning Commission be notified of the Council's desire to investigate that property and that this be discussed. They could give us their opinion if they think that is a good spot. I move that the City Clerk be instructed to write to Robert Hagen to look into the acquisition of the Rivard property for land fill dump purposes. The motion was seconded by Councilman Simonet. (Councilman Nolde was opposed). Mr. Connors: Why are you passing the buck to the planning commission? Mayor Charlsen: If their overall planning doesn't agree with a dump in this spot, it would be silly to go ahead and work on it. Councilman Nolde: I am opposed because you have figures on the Planning Commission that are definitely opposed to this dump for personal reasons. Councilman Iverson: I have nothing to report. Councilman Nolde: As you know, we are having a problem hiring a man to replace Eppie Kalk at the Lily Lake Beach; if you know of anyone, let us know. I think we will have to start him at $250.00 per month. Actually, what we need is an older man who is retired and merely wants to pick up some extra money, and someone who is willing to work with kids. Councilman Simonet: Eppie Kalk did a good job and I knew he would be missed; this job involves more than just putting in time. NEW BUSINESS City Clerk: One of our tenants, Mr. Thiel, owes us some back rent. Mayor Charlsen: I thought it was said a long time ago that if they were thirty days behind in their rent, they would have to nave out. City Clerk: Mr. Thiel paid the rent with a check - it came back because of nonsufficient funds. Councilman Iverson: Would it be all right to have the police go over there and tell them that if the check isn't made good by tomorrow, they will have to move out? Actually. I would like to see both of those buildings torn down -ation Army the three-plex and theold church them`prIsmove wesevict theas vtennants andtore) - tear we aren't making any money those buildings down. Councilman Nolde: If you stipulate in your motion that these people will be given a sufficient amount of time to move, I will second your motion. Councilman Iverson: Within 90 days. Councilman Nolde: I would second your motion on the house at this time, but not the church - this City needs a Salvation Army. Councilman Iverson: Alright, we'll forget about the church for now. City Clerk: May I suggest that the City Attorney contact these people regarding this. Mayor Charlsen: Tell them the house will be torn down on the first of August. • • • • • (April 28, 1964-continued) 75 • On motion G e Councilman ouncilman Powell, „ ;?cc by Councilman Nolde, bond (#dnfAx617Q), issued by the St. PaulFire`6, Marine Insurance Company, covering the Treasurer of the Stillwater Fireman's Relief Association, in the amount of $2,000 was approved. The City Engineer submitted estimated costs per foot for proposed mats and seal - coating on various City streets (Local Improvement #42). City Engineer: I talked this over with the Clerk, and I would like to suggest that probably we could take the streets and lump them all into one; assess every- body the same. Some streets are wider than others and this would be fairer. Councilman Nolde: I move you set up a standard rate for the complete job for all property owners. Mr. Connors: How do you justify this in one case? If you do it this way for this project, you should do it this way throughout your entire city improvements. Councilman Nolde: The reason I mentioned it and made the motion is that by following this method, we would get people to go along with this program - people fighting among themselves because of rates creates too many problems. Councilman Powell: The problem before us is, is it fair to assess someone on a narrow street the same price as someone living on a wide street? Councilman Simonet: We are trying to talk about the program as a whole - assess everybody the same. Mrs. Harold Pauley: There may be more of a congenial feeling among the taxpayers in town if they are all treated equally. Councilman Nolde: I made the motion that we set up a standard rate to all benefited property owners in the City. Councilman Simonet then seconded the motion. City Clerk: We received a notice of appeal on the parking lots assessment from the Stillwater Manufacturing Company, filed on April 24, 1964. City Clerk: We have a deed from Gilbert and Lydia Benson for an easement 60' wide from the South City Limits to the South line of Nicholas Nelson's property. city Engineer: Nick Nelson's name was on the original petition for sewer and water in that area but his property is not in the city - he would have had to obtain an easement from Mr. He-schleb to get City sewer and water, but instead they are trying to obtain an easement from Mr. Benson. City Attorney: Was Mr. Benson made to understand that he has no right whatsoever to took onto the city sewer at some future date? City Engineer: I don't know - the Council hasn't accepted the deed yet. Councilman Simonet: Hasn't it been the policy of the City not to put in sewer and water beyond the City Limits without annexation? Shouldn't his remedy be to get an easement from Herschleb? City Attorney: I would prefer to see it done that way. on motion of Councilman Simonet, seconded by Councilman Nolde, the matter was referred to the City Attorney. • • • n n (AApri1 28, 1964-continued) •6 J1 • • CiLy Clerk; On .:ay let will transfer rify money (general fund) from the Farmers & Merchants Bank to the Cosmopolitan Bank for a term of three years. Assignment of securities has been pledged to secure deposits of the City. Councilman Nolde: I am going to make a motion that we transfer the payroll account from the Cosmopolitan Bank to the Farmers and Merchants State Bank. There was no second to this motion. Councilman Nolde: I think we should set up a policy where we revolve the payroll account also. Three years from now this account will be at the lst National, and the Cosmopolitan will have the general account. Councilman Powell: How long has the payroll account been at the Cosmopolitan? City Clerk: About eight years. Councilman Powell: I agree with Councilman Nolde, but I think we should wait a year until we have used all of the checks we have on hand. Councilman Simonet: I will second the motion to move the payroll account to the Farmers & Merchants State Bank, as soon as possible. Councilman Powell was opposed. On motion of Councilman Powell, seconded by Councilman Nolde, the following collateral, pledged by the Cosmopolitan State Bank to secure City deposits. was approved and ordered filed: $ 5,000.00 Village of Blooming Prairie, Steele County, Minnesota 2.60% Bonds dated 8/1/52; due 2/1/70 5,000.00 Carlton County, Minnesota School District #2 2.75% Bonds dated 11/1/52; due 5/1/66 5,000.00 Chisago County, Minnesota School District #1 1.40% Bonds dated 7/1/46; due 2/1/65 5,000.00 Dakota County, Minnesota School District #265 2.25% Bonds dated 8/1/52; due 2/1/67 2,000.00 Dodge County, Minnesota School District #30, Kasson, Minnesota 1.75% Bonds dated 5/1/47; due 5/1/65 2,000.00 Dodge County, Minnesota School District #30, Hasson, Minnesota 1.75% Bonds dated 5/1/47; due 5/1/66 5,000.00 Douglas, Grant & Otter Tail Counties, Minnesota Joint Independent Consol. School District #57 2.75% Bonds dated 10/1/52; due 10/1/65 4,000.00 Houston and Winona Counties, Minnesota Joint Independent School District #1 2.20% Bonds dated 10/1/54; due 2/1/66/67 3,000.00 Village of LeCenter, LeSueur County, Minnesota 1.75% Bonds dated 7/1/47; due 7/1/65 10,000.00 County of McLeod, Minnesota Courthouse Bonds dated 2/1/58; due 2/1/66 5,000.00 Hennepin County, Minnesota Meadowbrook Independent School District #89 1.50% Bonds dated 9/1/46; due 9/1/65 5,000.00 Stearns County, Minnesota Melrose Independent School District 2.75% Bonds dated 10/1/52; due 4/1/65 10,000.00 St. Louis County, Minnesota Independent School District #706 Funding Bond, Series B 2.80% dated 1/1/58; due 1/1/66 10,000.00 Stewartville, Minnesota Independent School District #534 2.50% Bonds dated 5/1/63; due 2/1/69 5,000.00 City of South Saint Paul, Minnesota. Dakota County 2.10% Municipal Bldg. Bond of 1954 dated 6/1/54; due 6/1/65 10,000.00 City of Willmar, Kandiyohi County, Minnesota 2.75% Bonds dated 4/1/55: due 7/1/68 10,000.00 City of Windom, Cottonwood County, Minnesota 2.60% Public Utility Revenue Bond dated 7/1/52; due 7/1/70 l • • • • mania $200,000.00 United ed1 SStates Treasury Bonds 3.75% dated 11/15/607 due 100,000.00 Thee T:elvease Manhattan LandBank, Banks Cons. Fed. r Fed. Farm Loan Bonds 4% dated 5/1/63: due 6/20/68 RESOLUTIONS The following resolution was, on roll call, unanimously adopted: 1. Authorizing Purchase of Land for Off Street Parking Purposes (N.P.Railway) ADJOURNMENT On motion of Councilman Simonet. seconded by Councilman Powell, the meeting adjourned at 11:02 P. M. Attest: City Clerk AXCaL/ � iAA.% Mayor • • • • 378 • • Council Chamber Stillwater, Minnesota Special Meeting May 7, 1964 8:00 P. M. The meeting was called to order by President Charlsen. Present: Councilmen Iverson, Nolde, Powell, and President Charlsen. Absent: Councilman Simonet This was the day and time set for public hearing on the formation of a Housing & Redevelopment Authority in and for the City of Stillwater. (urban renewal) The Clerk read the notice for hearing aloud. The Mayor inquired if the notice for hearing was published, and the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gazette, official newspaper of the City, on April 27, 1964. The Mayor then opened the hearing. Mr. Andy Hanson Stillwater Mfg. Company First of all, before we get into this too deeply, could the City Attorney outline what authority this group would have, and what power they would derive from the government on this? Mayor Charlsen: Mr. Robert McGarry has studied this; maybe he can answer it better. Robert McGarry: Don't put me on the spot: I don't have this information. The City Attorney then read the Minnesota Statutes reaarding a wn,ning and Redevelop ment Authority.. City Attorney: A Redevelopment Authority has a tremendous amount of power; after you have set it up, the members of the authority can only be removed by showing of cause. Once you have given them the power of eminent domain, the Council is without authority to say, 'no, no, mustn't do that', because they have given them the power. When you appoint this group of commissioners, you should make certain that you have the right ones. They shall also have the power to issue bonds for any of their projects. Dr. Henry Vanleier 226 East Myrtle Street It seems as though very few kings have power in excess of what this commission would have. Once it is established, it is in like Flynn, and my impression is that our community needs a commission of this type about as badly as we need an outbreak of leprosy: There isa great deal of agitation in the air. It has been quite a few years since we had a war, I see no reason for starting another one. we all have our hands full paying our real estate taxes. Taxes for this coming year are going over $3,000,000 for District #834 - the honey is going to have to come from somewhere for this urban renewal - the real estate can't take it. Stillwater has one thing of significance - that is the fact that Minnesota was born here - this i= a position which no other community in the State can approach. It has a history from the standpoint of government, the river industry and the logging industry; from the standpoint of other things, Stillwater is in the toe of a boot - there is no place to go. People come to Stillwater, but their children have to get out - why? We have so much room for downtown and that is all. We have a good downtown. In Montevideo they have a big plaza that they are putting up, but very few suckers are caught without putting a little some- thing on the bait - most of it is propoganda. • • • (MMay 7, 1964-continued) • 379 • -r Let's not think we can .raise ourselves up when past history has proved that it's not true. Why delude ourselves with pipe dreams of grandeur; physically and chemically, we are not able to do it. We have our heritage - that is worthwhile; we have the river - that is worthwhile; you can have so much business in downtown Stillwater. People will live here and go to St. Paul and Minneapolis to shop - to Sun Ray Shopping Center and the Gem store. We are in competition with that which is out there, and that which is out there has what we do not have. If we forget that, we become desolated. Try renovation instead of demolition. Who pays the taxes on what your commission might do? City Attorney: I don't know - I believe until the property is utilized. there will be no taxes against it. Mr. Gordon Smith 514 South Hemlock 1 am a newcomer. I want to know where the slum areas are, and if the City replaces these, what will that do to our property taxes? Mayor Charlsen: At the present time, there has been no discussion or consideration given to residential areas. Some areas could use some overhauling, but now weare just talking about the downtown business area. Mr. Smith: Would it be conceivable that later on we might attempt to put up some low income housing? Mayor Charlsen: That is correct. Mr. Smith: Who would be paying the taxes? Mayor Charlsen: Individuals would pay them. Councilman Powell: The local Planning Commission has recommended that consider- ation be given to North Stillwater if urban renewal comes into affect. Councilman Nolde: I would like to bring up a few points here. Dr. Van Meier stated that the young people are leaving Stillwater; I think it is important for us to bring them back and have it so they will want to stay. You talked about renovating the old buildings downtown - maybe we should have renovated the old schools; maybe they would have been good enough to educate our children. Maybe we could have renovated the old hospital and continued to use that: But, the people seemed to think that we needed a new hospital. I think it would be very important that we have a nice new town. Mr. Dale Mattison Fairmeadows 1 am not here representing the hospital; I am here as a citizen. It so happens that this hospital was built in Stillwater with donations - not a federal agency of any type. Councilman Nolde: If you continue to think we should renovate older homes. maybe we should let the streets go also. Every time we have a hoaring to fix streets, people come up here and make a lot of noise. Councilman Powell: The cost of street repair and the cost of urban renewal are two different things. The federal government is paying for urban renewal. We have been talking about a new post office also - people say we can't afford it, but whether the post office goes up here in Stillwater or someplace else, you are still going to pay for it through taxes, the same as you're paying for other things. Why shouldn't we take advantage of urban renewal funds? Mrs. Evelyn Kerr 1343 South First The hospital and schools were built by private donations. I have a deep distrust of the federal government spending our money - they lose about one-third of it through bureaucratic handling and politics. Why do we have to have another post office when there is nothing wrong with the one we have now; that is foolishness: • • • (May 7, 1964-continued) • 380 • e • ' Mayor Charlsen: Our present post office needs an additional 4,000 feet. If you will talk to any of your postal employees, they will tell you there is no room to work in down there. Andy Hanson: I think the big point in this discussion is that the local City government subordinates the federal government. You acquire property through urban renewal and lose tax revenue if it isn't used; we should put as much effort into getting private capital and use some of our own initiative. Councilman Nolde: we have some people in the City of Stillwater who had to go to the federal government in order to stay in business in the City of Stillwater. Andy Hanson: I don't think we should hold out our hand for a handout. Councilman Nolde: I would like to know how many windows 'ou wouLg sell if the government didn't finance home loans: Mr. Leo Jewell 320 west Pine Street Mr. Nolde, you just mentioned how many windows Stillwater Manufacturing would sell if it weren't for government financing of Homes. Mr. Fred Anderson just donated $82,000 for construction of a new sewage plant in Bayport; he could have got that money from the government, but didn't. Mayor Charlsen: Do you see anybody around Stillwater donating that kind of money? Mr. James Wooster Olson's Department Store I am relatively new to Stillwater; I fell in love with this quaint old broken down river town - I like it: I wish we could generate some genuine interest in fixing up some of these stores ourselves. I think this town has something real unique; you can go anywhere and see new buildings, but you can't go any- where and find buildings like we have in Stillwater. We have something that nobody else has got: I would like to know who shouldered the cost of the parking? Councilman Nolde: We didn't have any businessman in Stillwater laying down $200,000 for it: Mayor Charlsen: $100,000 is payable on an assessment basis and $100,000 out of revenue. Councilman Powell: There will also be a general levy each year to guarantee payment. Mr. Robert McGarry 227 East Chestnut I am not in the general merchandising business, but I am a businessman, a young one. I have become increasingly alarmed with the high increase in taxes. You know as well as I do what would happen to Stillwater if a shopping center goes up. I.have a stake in this town; I want to see the town progress and prosper, but you can't pay taxes with historical values: Give us a chance - we can start this thing, but we don't have to go through with it if we don't want to; we would at least have an idea of what we could do - we would know where the highways are going to be, etc. We don't want to go out and buy buildings and then knock them down and let it stand that way - we are trying to alleviate the tax problem in Stillwater. We have done a little bit of groundwork on this - people that are in this and have experience with urban renewal would help us. We have got to take some positive approach to the development of the City of Stillwater, if we don't we are going to be in trouble. This is my main concern - the future of the City of Stillwater, whether the federal government helps us or not. • • • • (May 7, 1964-conta;rued) 381 • • Bob Brown: I am disturbed by Councilman Powell's remarks - if money is available we have to get our share of it - this type of greedy attitude has caused the urban renewal program to be raised. Not all communities have gone along with this; the issue at point is a survey to analyze the situation - I think, frankly, that the federal urban renewal program is more of a subsidation to planning agencies than it is to the communities. Just two nights ago I attended a dinner at the high school. Everyone was excited about what the businessmen are going to do in Stillwater with their own funds; it's understood that something must be done, but how it should be done is the question. Councilman Nolde: Where are those businessmen tonight? The businessmen knew we were having this meeting tonight - this would be the time to come and express themselves. Mayor Charlsen: The City of Stillwater would have to furnish 25% of the cost of urban renewal. The City has spent a total of about $300,000 which would apply to the 25% that the urban renewal program would call for. If any plans were finalized, the federal government would pay for all of it - the City of Stillwater wouldn't be involved in bond issues, etc. Leo Jewell: Mr. Nolde, I bought the store that I am in at the present time and have made a few changes; Ben Franklin Store has changed the front of their store and have remodeled; Doc Blodgett has a new front, and Reeds Drug is talking about putting up a new building. Also, Olson's are talking about remodeling - if that isn't activity, I don't know what is. William Gfrerer 224 East Chestnut I consider myself a businessman downtown; I am against urban renewal. I talked to Ed Frye (Ben Franklin Store) and he authorized me to say that he is against urban renewal. Ed Hicks wanted me to sal' that he is against urban renewal; also, I brought up a letter from Lloyd Kolliner and he is against it. I don't know their reasons for it, but I can give you mine - I feel that I would be legislated right out of business. You people seem to think that this commission in your town will be self sufficient - that it wouldn't happen here, but it will. Facts prove that 40% of the merchants who were in business before urban renewal never go back into business. That is why I am against it. (Letter from James Mulvey, 306 W. Elm, stating opposition to Urban Renewal was also introduced at this time) Robert Thompson 417 North Owens Between the urban renewal and the architectural facts, I am inclined to go along with Mr. Gfrerer and Mr. Hanson. I myself would like to, and am in the process of, putting a new face on our store. I myself would much rather put in my own funds to do this. Am I going to go modern or do we go the old way? Is urban renewal going to come in and knock us all down? Every businessman up and down Main Street is going to improve the face of his building. As soon as the smoke clears I will be able to hop to it myself. Mayor Charlsen: The government sets up a grant for engineering and architectural studies - you can renovate and bring your buildings up to date - you can leave the architecture the same - you don't have to tear down buildings and put up all new ones. Also, you would have an advisory board of twenty to twenty-five Stillwater Citizens to discuss what you want the town to look like. Robert McGarry: This is a necessity - you have to have a citizens committee to start with. Jerry Sherwood 1410 Meadowlark Drive I am not a businessman in town - I work in st. Paul, but I would like to ask this - Don't you have any concern for the local businessman? Evidently you don't or you would take their feelings into consideration. Vern Stensing 1204 South Third In the meager reading I have done about urban renewal, I read where twenty-five to forty percent of those taken out of business when urban renewal comes in don't • `el • • e 382 (Mr' 7, 1964-continued) • • go back into business. I don't know why they don't, maybe they haven't enough faith in their community to invest money. The impetus for redevelopment of downtown Stillwater has to come from the people doing business downtown. For any businessman downtown who has a sound enterprise, private financing is available to them. I don't know if I approve or disapprove of urban renewal, but if the businessmen were left on their own, with the help of the City fathers, I think you could get the job done. Mr. Jack Hooley 1219 West Willard When we first started this, I was in favor o. it because we had waited nine years on parking without getting any action. Since that time we have got a lot of parking downtown. Some businessmen have made plans to remodel buildings and put on new fronts; going without urban renewal is giving the businessmen down- town a chance to do our own financing. I think we are on the brink of a break- through. Mayor Charlsen: At a joint meeting held by the Rotary and Lions Clubs, Mr. Aaker of Montevideo spoke - there were about two hundred men there, all local Rotarions and Lions, and the majority, even the conservative businessmen, were enthusiastic about urban renewal. Mr. Jack Lay, President Chamber of Commerce At that time, they were in favor. Irving (Sonny) Silverman Janda's Department Store At that time, yes, but up to date there hadn't been anybody to present the other side. It is now very definite that the opinion has changed considerably. Jack Lay: I am in accord with Sonny - there has been a lot of change of feeling since that time. Mr. Gfrerer: You had already made up your minds about urban renewal; the only reason for calling this meeting is you had to have a hearing according to law. I talked to twelve men today who are against urban renewal; I agree with Sherwood that we have an antagonistic Council here. Cound lman Powell: when you get next to a topic, I had this occasion arise when I was studying the fire department, you get enthusiastic about it. The point is, I don't think the City Council is here to sell anybody a bill of goods. If the people who show up are against urban renewal, that is good enough for me. The businessmen downtown will do what they have to do. For my own feelings, I get enthusiastic - I thought something should be done because I thought it was a case of survival, but if the people downtown think they can do it on their own, I am all for it. Mayor Charlsen: The reason I have been for urban renewal is that the majority of the cities in Minnesota who are in urban renewal are older towns; they just gradually let their places of business deteriorate - now they are going into urban renewal and are bringing them up to date. That is the reason I was enthusiastic about it, and my reason for pushing it along. Mr. Smith: Do you have any facts about what has happened after they have expanded their metropolises? Mayor Charlsen: The status at present is that they are in urban renewal now - you don't see any real work done as yet because of the ground work it takes to build it up. Mr. Smith: Then you don't know if it is going to improve the business district or not? Mayor Charlsen: The City of Fargo has redeveloped six acres in one plot - they have increased their tax base from $63,000 to $193,000. The government has spent between one and one and a half million dollars - private capital is about six million. • Mr. smith: Has it lowered the taxes for that area? • • • • (May 7, 1964-continued) pp )OJ Mayor Charlsen: No; not yet. Mr. Smith: The real property taxes have gone up. Mayor Charlsen: In St. Paul their tax base has gone up about $140,000 or $150,000 per year. Andy Hanson: I think you presented one of the biggest points. we get a reward for not fixing property. When you fix it up, you pay for it twice. Robert Brown: Is there any reason why this action on urban renewal has to be taken at a specific time? Mayor Charlsen: We would lose our credits if we didn't start it within three years. All this resolution does is create the Board, along with an advisory board. They will decide what type of planning should be done; they get together with the highway department; they decide if they should build or rebuild; they develop a plan through the hiring of a planning consultant. Dr. VanMeier: I move that your Council memorialize the committee of five, and the businessmen can form their own committee of five to see what can be done - they can petition to the Council and the Council can act for them if they need help. Mr. Stensing: The city Council is to be commended on what they have done on presenting this. I think after the parking program is cleared, we might all be amazed at what will take place in downtown Stillwater. Mr. Smith: The Mayor and Council are to be commended for seeking ways in which to improve Stillwater through urban renewal; my only hope is that we don't go through with it. Mr. Mattison: You made the statement that a planning consultant would be hired - wasn't that done about three years ago? Why did you go about having plans effectuated in the first place? Mayor Charlsen: With the idea of eventually going Councilman Nolde: I would like to correct you - I mind to have it done for the sole purpose of urban the planning commission. into urban renewal. doubt that the Council had in renewal - it was done through Mayor Charlsen: It was made with the idea that something could be done in the future for updating Stillwater. I would say by far that the minority are here tonight - what they want to do now is up to them. We have done our damndest to do what they wanted us to do. I tdnk we made some enemies, but we didn't intend to. but then, I can't remember anything being done by the City Council that didn't make a couple of enemies. I will now close the hearing; we will have the vote on the resolution. City Attorney: Before you do that, let me point out that the resolution sites you have found that slum and blighted areas exist in the City and can't be corrected without federal funds; we have heard no evidence or testimony that these areas exist in the City. Can you honestly vote on this resolution without discussing this further? Mayor Charlsen: When you can't even get off first base with the business district..., well maybe we should discuss that. Dr. VanMeier: A slum is not a bu;iding, a slum is a person. Some people can come in and you have a slum; Stillwater has no blighted areas that I know off. I don't know of any that don't have indoor facilities and I get all over the town. If we feel sorry for those people, get some people to help them; if the areas are there and the people are happy, for God's sake, let them alone: Mayor Charlsen: I stated that the lack of sewer and water didn't make for better building area - it would be prohibitive for the people living in that area. councilman Nolde: I feel that as improtant as this is, we should table it until we have a full Council. • • 384 (May "1, L964-continued) • • Councilman Iverson: I have stated my opinion on this federal program every- tihne it has been brought up. I was against it from the beginning. I move that we drop the whole matter of urban renewal - let's have urban renewal wilth private money. Cco-uncilman Powell seconded the motion. Councilman Nolde was opposed. CCouncilman Nolde: I move that we table the matter until another meeting and i:.avite the whole community and have a full Council. There was no second to this motion. CCouncilman Powell: You can assume that when people won't come to a public hawing, they are not interested. When somebody is in favor of it they should boe at the hearing and if not. there is no reason to delay this any longer - yvou aren't going to accomplish anything. CCouncilman Nolde: I will withdraw my motion for lack of second. TBae following resolution was read: "Whereas, the City Council of the City of Stillwater, upon investigation finds that in the City of Stillwater, Minnesota, there exists substandard. slum and blighted areas, which can not be redeveloped without Government assistance. That there is a shortage of decent, safe and sanitary dwelling accomodations available to persons of low income and their families at rentals they can afford. NOW, THEREFORE, BE IT RESOLVED, that there is a need for a housing and redevelopment authority to function in the City, and that the Mayor and the City appoint such an authority in conformity with the Statute in such case made and provided."; and the vote was as follows: Councilman Iverson: No Councilman Nolde: Yes Councilman Powell: No Mayor Charlsen: No PRDJOVRNMENT Cm motion of Councilman Nolde, seconded by Councilman Iverson, the meeting adjourned at 9:50 P. M. Nttest: City Clerk Mayor • • • 385 • Council Chamber Stillwater, Minnesota Regular Meeting May 12, 1964 4:30 P. M. The meeting was called to order by President Charlsen. Opening prayer by the City Clerk. Present: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. Absent: None UNFINISHED BUSINESS (out of order) City Clerk: We have received a petition signed by Mr. and Mrs. Nicholas R. Nelson and Gilbert and Lydia Benson to annex certain property to the City of Stillwater. You will probably recall that it was suggested that annexation would probably be the answer. (See Minutes of April 28, 1964, meeting). Mayor Charlsen: Is the description the same as on the easement? Mr. Nelson: Yes. City Attorney: It contains that part of the property described in the easement, and that part of your property which is outside of the City Limits? Mr. Nelson: Yes. On motion of Councilman Nolde, seconded by Councilman Iverson, the petition was accepted. Mayor Charlsen: The petition has been accepted - an ordinance will be drawn up and read; we will probably have the first reading tonight. The second reading will be held in June; there shouldn't be any problem, is that correct? All Councilmen: Yes. City Engineer: Should we proceed to put in sewer and water? Mayor Charlsen: Yes. Mr. Winston Sandeen: We were told to come back this evening with reference to the application of Victor Prescott for a taxi stand. I would appreciate being heard now instead of this evening. When we had our last hearing, the Council asked me to get in touch with the Chief of Police and he would make an investigation and report back to the Council. I contacted him, and asked him to be here at 4:30. As I understand it, it was his recommendation that the yellow curb be extended one more meter, and the next meter going south could be made into a taxi zone, and that the taxi on the east side of Main Street be taken out and a commercial parking area be made in front of the Valley Dri-Kleenete; that was his report. He was going to recommend this to the Council. City Clerk: The Chief's recommendation was read at the last meeting; no action was taken at that time - it was carried over to this meeting and he was to report on why he arrived at this. Councilman Nolde: I would like to move that if the Chief of Police is going to be here at 4:30, he should be here: • • • (Maw 12, 1964-continued) • • 386 The Assistant Chief of Police was asked to come to the council Chamber. AL noepke: I know only what Chief Sanders told me about this - just what he stated in his report to you. Councilman Powell: It is my feeling that a meter on Main Street would be poor. What would be wrong with the first spot on the corner of chestnut and Main? That meter on Chestnut could be used for taxis to park; the meter on Main Street in front of your shop could be used for pick-up. I feel in that way the con- gestion you have created would be eliminated. Mr. Sandeen: That is a good suggestion except I would like if we have a stand right in front of the shop, people could Mr. Prescott told me that they will try to cooperate as far is concerned. Councilman Powell: I can understand that, but you are creating that hazard simply by having a parking spot there. Mr. Sandeen: It would facilitate matters the meter was in front of the shop. Mr. Prescott: If I had a meter on Chestnut Street, I would be satisfied. Mr. Sandeen: If the Council is gracious enough to give us a parking spot on Chestnut, plus a pickup spot on Main, that would be helpful. to add one thing; wait right inside. as not double parking as far as the public is concerned if Councilman Nolde: Would it be too inconvenient for you matter over until the Chief of Police is here later on? Mr. Sandeen: Could we leave it this way? We would have front of the Taxi Shop, and a space for parking in front on Chestnut. Mayor Charlsen: Mr. Prescott, you have four cabs service, where do you keep them? Mr. Prescott: At Kilty's lot. I hope to put in a parking space on Hooley's new lot also, as soon as my radios are installed. Councilman Nolde: I would like to hear why the Chief suggested this plan - it doesn't sound too good to me. Councilman Powell: I move that the first parking space from the corner on Chestnut and Main, in front of Smitty's Barbershop. be used for a taxi parking space; and that the first meter on Main Street be removed, painted yellow. and a sign installed saying, 'taxi pick-up only'. There was no second to this motion. Mr. Sandeen: The nation made by Councilman Powell would be satisfactory to my clients. Councilman Simonet then seconded the motion; Councilman Nolde was opposed. Councilman Iverson: I voted yes, but after what I have witnessed downtown, I think it should be understood that there is to be no parking on Main Street what- soever; it is to be for pick-up only. The police should have rigid control and if there are violations, the license will be pulled. if we were to hold this a pick-up stand in of Smitty's Barbershop - when the cabs aren't in Councilman Nolde: I would like to know if the policemen of the City of Stillwater are allowed to work for anyone who has a contract with tle City. City Clerk: The policy in the past has been that anyone holding a license or entering into a contract with the City of Stillwater shall not employ anyone who is also a regular employee of the City of Stillwater. • • •• (May 12, 1964-continued) 387 • Al Roepke: We have never had any direct ruling on that since I have been here, except that we were told there were two jobs we could not hold in the City of Stillwater as part time work - that is driving a taxi and tending bar. Councilman Iverson : Why don't we have the City Attorney give us an opinion on this particular matter. City Clerk: The former City Attorney did give us an opinion some time ago, which I just stated. Councilman Iverson: That is fine; they cannot work for any taxi company - answering phones or driving. Al Roepke: As long as he is not taking pay, I don't know how you could stop him from answering phones - as a friend. But, it won't happen again - he has been told. Councilman Iverson: It should be understood that under no circumstances can they do anything - either as a friend or otherwise. On motion of Councilman Powell, seconded by Councilman Nolde, minutes of the following meetings were approved: Regular Meeting April 7, 1964 7:30 P. M. Regular Adjourned Meeting April 28, 1964 7:30 P. M. Regular Adjourned Meeting April 28, 1964 Special Meeting May71964 7:30 P. M. , 8:00 P. M. APPLICATIONS On motion of Councilman Powell, seconded by Councilman Iverson, On and Off Sale 3.2 Beer licenses were granted to Ed Rnefelkamp, 1101 North Owens Street, on the second reading of the applications. On motion of Councilman Nolde, seconded by Councilman Powell, a soft drink License was granted to Victor Prescott, d/b/a Stillwater Taxi Company, 202 South .Main Street, for the year 1964. 'COMMUNICATIONS 1Prom Robert D. Hagen, Chairman, Stillwater Planning & Zoning Commission, stating OCommission's recommendations on the following items: 1. Non -conforming Permit for William Cicero to repair and maintain. a three-plex at 1101 South Third Street. (Recommend permit be denied) Building Inspector: I was called to this address by a local electrical contractor trio approve proposed electrical installations; he said that Mr. Cicero had started to remodel the third apartment already. Mr. Cicero was told that a three-plex in t:hat district would require n special permit from the City Council and he was advised to write the Council and request it. He has one two -car garage in the rear, and he has ample space for off street parking also. He is very anxious to receive consideration, one way or the other, but he was at fault by going ahead w itthout first getting permission. Ciity Attorney: Do you feel that Mr. Cicero knew what he was doing? Buiilding Inspector: I believe he was cognizant of the fact that an ordinance ($M383) existed stating that a permit would be required. • • • 388 • (May 12, 1964-continued) • • City Clerk: The Planning Commission states that Mr. Cicero was well aware of this. On motion of Councilman Simonet, seconded by Councilman Powell, the Non- conforming Permit for William Cicero was denied. (Councilman Nolde was opposed). 2. Non -conforming Permit for D. J. Grafenstein to erect a new garage on West Laurel Street. (Recommend permit be granted) On motion of Councilman Simonet, seconded by Councilman Nolde, a Noncon- forming Permit was granted to Mr. D. J. Grafenstein. Building Inspector: In my opinion the correct motion was made. 3. Variance in Side Yard Requirements - amounting to 18" - for Mr. Norman Anderson to erect a new garage on South Fifth Street. (Recommend permit be granted) On motion of Councilman Nolde, seconded by Councilman Powell, the variance was granted to Norman Anderson. 4. Smith Oil company - request permission to build a new gas station to replace the old one on North Fourth Street. (Recommend permission be granted providing the surrounding property owners and nearby churches have no objections, and also, if the operating hours are no earlier than 6:00 A. M. and 10:00 P. M.) Mayor Charlsen: Do they have the c.k. of the churchea and property owners? Building Inspector: No. The Planning Commission discusseu this the day the request was received; it is not their job to go out and contact property owners or churches - it's up to the owner of the property to contact them. The Plan- ning Commission may have a change of heart on this. Councilman Iverson: I move that the Building Inspector look ir.co this further; present it to the Planning Commission for their consideration again. They can make a recommendation to the Council. Councilman Simonet seconded the motion. 5. Wilmes property on North Second Street. (Recommend building be demolished as it is in deplorable condition) Building Inspector: The property belongs to the Wilmes Estate, which is handled by the First National Bank. Mayor Charlsen: The Planning Commission is recommending that it be torn down or burned down. Councilman Nolde: We can't just burn it down. Mayor Charlsen: If you get authority from the estate, you can. Building Inspector: The building has been inspected - it is not worth fixing Up. Councilman Iverson: I move the City Attorney clarify the legal aspects so we can tear this house down. The motion was seconded by Councilman Simonet. 6. Hoppe property on North Second Street. (Recommend it be demolished as it is in deplorable condition and is a health hazard) • • e (May 12, 1964-continued) 389\ Councilman Powell: I move steps be taken to demolish this .,ouse, City Attorney: I contacted Mr. Hoppe and asked if we could get together on the purchase of it, but I received no answer. Councilman Powell: What is the fastest legal way of destroyint that property? Building Inspector: The fastest way I have found - it took two years - was to obtain the names of the heirs, and then the State Attorney prepared a release which the fire marshall took to the surviving heirs. They signed it and sold the property to the Fire Department for one dollar. Councilman Nolde: What would be wrong with turning this back to the Planning Commission and let them take the necessary steps to demolish this property? Building Inspector: They have no authority. Councilman Powell: Is it possible to turn this over to the Building Inspector and have him proceed with steps to turn it over to the Fire Marshall? Building Inspector: The two buildings are beyond repair; according to our ordinance they should be removed. We do not have any authority, except that the Board of Health has stated that they are health hazards. Councilman Powell: I move that the Building Inspector be instructed to contact the State Fire Marshall and proceed with that department's recommendations either for necessary improvements to the building, or to have it demolished. Mayor Charlsen: The First National Bank would give us the o.k. to tear down the Wilms house. Councilman Nolde then seconded Councilman Powell's motion. 7. North Stillwater. (Recommend that the Council include this section of town under urban renewal program) Mayor Charlsen: We can forget abbot that; there will be no urban renewal program. 8. Time Limit on Building Permits. (Recommend putting time limit on permits as suggested by Building Inspector) Mayor Charlsen: What is your recommendation on that? Building Inspector: There is no time limit on our building permits - they go forever as long as you keep doing something every day. I think we should have an amendment to the building code which requires a set period of time for construction of certain type buildings. Councilman Nolde: What do you say would be a reasonable time? Building Inspector: No permit should run longer than six months for the exterior of a house. Councilman Nolde: Let's put a definite time on them, then. You make the recommendations and we will see what can be done. 9. Request to Ojerate photo shop at 1509 West Pine Street. (Denied at previous Council meeting - no further action necessary). Councilman Iverson: These matters are supposed to be brought to the Council first and then to the Planning Commission. There are some here that we haven't seen before. Under the ordinance, which we are supposed to enforce, for special permits you go to the Building Inspector and if he feels it requires a special permit he is supposed to submit this to the Council. They can refer it to the Planning Commission for recommendation or whatever. They are going to the Planning Commission before coming to the Council. 390 (May 12, 1964-continued) e • Mayor charlsen: Sometimes it would mean a difference of two or three months before anything would go through; it was agreed that the Planning Commission would get it first. Councilman Iverson: I don't question the fact that there might be a time element involved, but the ordinance states this is the way it should be done; if you don't want to do it that way, change the ordinance. I t:dink we should do it the way the ordinance says to do it. Building Inspector: It is immaterial to me. I thought I was expediting these matters. That was discussed here some time ago and I asked this specific question and it was answered by the Mayor. Is the Planning Commission supposed to meet on these problems and recommend action to the Council, or is the Council supposed to get them first? I was instructed that I was to take them to the Mayor and Council or the Planning commission - whichever is first. Mayor Charlsen: It was acceptable when the discussion was held to continue in this manner. Councilman Simonet: Let's bend the law and be practical. Building Inspector: There is a spirit of the law and a letter of the law. Councilman Powell: It does expedite things; I see his point. I will have to say I am in favor of leaving it as is. Councilman Iverson: I say it should be done the way it is written. Councilman Nolde: I have said it before and I will say it again. The Council should run the City of Stillwater, not the planning Commission. I am against the Planning Commission, that's why I said that. Let's do it the way we have been doing it. Building Inspector: I am not the secretary of the Planning Commission any longer so I don't know the distribution of reports. I feel the secretary of the Planning Commission should be instructed to see that all members of the Council be sent copies of the minutes. Mayor Charlsen: We will continue on the same as we have been. The City Attorney can amend the ordinance. The City Clerk then read an amendment to Ordinance #383 (in question) Councilman Simonet: There is nothing in the ordinance that says we have to consider these matters first before the Planning Commission gets them; it is up to our own discretion. Mayor Charlsen: We'll leave it the way it is. On motion of Councilman Powell, seconded by Councilman Iverson, the meeting adjourned to 7:30 P. M. (This portion of the meeting closed at 6:20 P. M.) 7:30 P. M. - Meeting Reconvened COMMUNICATIONS (continued) From the St. Croix Barge Terminal Company in regard to additional tonnage moved over the dock during the year 1963. A check was enclosed in the amount of $43.14 to cover this additional tonnage. From Althea Rydeen and Emily Rydeen, objecting to the proposed resurfacing of Mulberry Street. • • • • (May 12, 1964-continued) 3 n • • From James Woidemann, 1603 North First Street, stating that he felt an adjustment should be made in his sewer rental charge as he had used an excessive amount of water during the summer months. Mayor Charlsen: Was that checked out? City Clerk: Yes. $6.20 was about the average before. Councilman Nolde: I move it be reduced to $6.20. Councilman Iverson seconded the motion. Councilman Powell: To me it seems that this could have happened in more cases other than Mr. Woidemann's; sewer rental is based on the amount of water used. Councilman Simonet: We have not been giving any consideration to what has been used for watering; several requests have been denied on the basis that it didn't make any difference. Councilmen Powell and Simonet were opposed to the above reduction. From the Northern States Power Company announcing decrease of nine tenths percent in general gas rates. Prom Mr. George V. Stennes, 613 North Third Street, objecting to the plan for resurfacing North Third Street to the ravine North of School Stree'. From the University of Minnesota General Extension Division, regarding Civil Defense Conference held on April 22nd at the Stillwater American Legion Hall, publicly acknowledging the assistance and hospitality received from the Legion and from Mrs. Sue Davis. From the Standard Oil Company requesting oil burner service license. On motion of Councilman Powell, seconded by Councilman Nolde, the item was re- ferred to the Examining Board for study and recommendation, UNFINISHED BUSINESS (out of order) This was the day and time set for hearing on the following proposed improvements: Street Surfacing and Sealcoating - Local Improvement 442-1964. Resurfacing Mulberry Street between Water Street between Third Street between Myrtle Street between Churchill Street between Seaicoat ing Sixth Street Olive Street William Street Owens Street Second Street Center Street between between between between between between North Owens and North Fourth Streets East Myrtle and East Chestnut Streets East Orleans and 397.46' N. of E. School Street Main and 105' East of Water Street South Third and South Greeley Streets West Olive and West Pine Streets South Main and South Second Streets West Myrtle and West Mulberry Streets West Pine and west Olive Streets East Myrtle and East Nelson Streets West Myrtle and West Ramsey Streets • • • (may 12, 1964-continued) 392 e • First Street between East Orleans and Cast Willard Streets Second Street between East Orleans and East Willard Streets Sherburne Street between West Myrtle and West Linder. Streets Hancock Street between Sixth Avenue South and South Seventh Street The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published and the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gazette, official news- paper of the City, on March 23 and March 30, 1964, and a copy of same was mailed to all known property owners affected. The Mayor then opened the hearing. Mayor Charlsen: Just to clarify one thing - the cost of resurfacing is $1.44 per foot, and the cost of sealcoating is 390 per foot. City Engineer: This surfacing primarily consists of nothing more than a leveling of the streets, which will amount to about a 3/4" mat. The streets aren't torn up - the mat is put on over the listing material. Mr. R.B. Johnson 618 North Third Street How was it decided what streets were going to be fixed? why were these particular streets picked? City Engineer: Last year we had a little more expensive program set up - we were going to start at the South end of town and work to the North end; we wanted to keep the work isolated an much as possible in one area. Last year we did not have enough money so the City's share could be backed up, so this year, the improvement number is the same thing, but we cut this down from $113,000 to $S?,o00 Mr. R. B. Johnson: It wasn't based on what streets needed work most, just sections of the City? City Engineer: That's correct. Mr. R. B. Johnson: I can see why you did what you did. Mayor Charlsen: TO avoid confusion, I think we should take onestreet at a time. Mulberry Street - Resurfacing City Clerk: We have one letter objecting to the surfacing of Mulberry Street, which was presented earlier; and, at the last meeting of the Council one gentleman made the statement that he was in favor of it. Mr. Moody Sorenson 422 West Mulberry Street I understand that it will cost me a little over $100.00 for the work. Is that all going on one year's taxes? City Clerk: There is no bond issue at all for this, so it is up to the Council to decide how many years you will have to pay. Mayor Charlsen: This is a matter for Council action - three to five years depending on if it goes through, of course. Mr. Sorenson: I know it needs fixing. Water Street - Resurfacing No one appeared for or against the resurfacing of Water Street. • • (May 12, 1964-continued) • 393 • Third Street - Resurfacing Mr. Donald Erler 1225 West Pine Street (811-813 North Third) I am actually interested in the property from School Street to the end of the Street - it is in fairly good shape and we do not have a lot of traffic up there. Does this have to be included with the rest? I really don't think it needs it. City Engineer: At the present time, we could probably get by without matting that, but maybe next year or the year after it will need it. For that short piece of three hundred feet, we decided to throw it in. Mayor Charlsen: On Third Street you will notice on that block there is no gutter along there; the street is breaking off at the edges and it will continue to break out on the edges and it's going to cost you quite a bit more two or three years from now. Mr. Dean Miller 622 North Third Street I am wondering why you wouldn't take Laurel between Second and Third. Mayor Charlsen: Laurel Street between Second and Third is a rock base street. It would have to be taken out and a new base put in before we could blacktop. It would be quite costly - it would come to $15.00 or $16.00 per foot, off. hand. Mr. R. B. Johnson: Is something going to be done to improve it for the time being? Are there any other rock base streets in the City? Mayor Charlsen: None that I know of, except Chilikoot. City Engineer: Part of Mulberry between Third and Fourth is rock base. Mrs. E. M. Mosier 103 East Burlington Street I do want to say as far as Third is concerned, on my side, there is no nee5 for resurfacing, absolutely none: It seems too bad that a property owner has to pay for resurfacing when it doesn't need it. I hope that gets across to you; a widow livinJ in her own property and trying to support herself: I would like you to come and look at the street. Mr. Eugene Luebker 1110 South Third Street I would like to second what Mrs. Mosier just said. I can see no reason for re- surfacing at this point to the North. I would think that any repairs of this sort should be the responsibility of the company that dug the extensions into the streets. Mr. Harry Hall 1115 South Third Street L will go. along with what my neighbors have said. I have counted on our street thirty-four school buses. As far as benefited property owners is concerned, it would really speed up traffic. I would rather have you put bumps in the street to slow them down! Mrs. Mosier, and I, live on the corner of Third and Burlington; the area from about Churchill North to Broadway in the area of the churches would benefit considerably more than any of the property owners, but they are tax free. Mayor Charlsen: They are not free from assessments. Mr. Harold Stiles 1103 South Third Street I called the police department three times and asked to have patrolmen arrest speeders tearing up that street. Cooperation from the police department was very very good, but resurfacing the street would only lead to temptation for speeders. • • • :Mar a.c, •vw ...,........... • 394 • • • If it is going to be resurfaced over the objections of property owners, then put stop signs on every block. I wouldn't want to pay for that either, by the way. The others have come pretty close to what I wanted to say. Personally, I can see no reason for going beyond Churchill Street. The next point is our traffic problem. Sometimes I feel like loading up a shot gun and sitting on the corner. I for one would rather put the money into the police department than on the street because I feel it would do more good - it would make for more safety and better sense. I have nothing against improvements, but I don't feel that surfacing is necessary. The traffic tzoblem is bigger than the street problem. I would vote against it at the present time. Mayor Charlsen: I wonder if you are aware of the fact that Third Street isn't going to last fo.cver just the way it is - in two or three years you are going to be faced with more than $1.44 per foot. It will be beyond covering at all. Doesn't that make any difference? Mrs. Mosier: It won't make any difference to me because I probably won't be here: Mr. Ed Whalen: As I understand it, Orleans to Hancock was surfaced about eight years ago - it is in pretty good shape. Mr. Paul Johnson 1305 South Third Street *. am in accord with Mrs. Mosier. I defy any man to go up and see a hole in that street from Burlington to Orleans. I would like to move that you drive up there. It doesn't ne..d resurfacing and I object to it very strongly: Mr. Donald Valsvick 714 North Third Street Regardin' that section North of School Street - it is breaking away a little at the curb, but resurfacing will put the traffic on that street in a poor situation. I feel that you have added this section of the street so the con- tractor will have room to turn his equipment around. The property owners north of School Street would rather wait and do that street right at some future date than put this surfacing on now. I would like to make another recommendation, that the dead end sign be placed in another spot. Mr. Stan Curtis 703 North Third Street I object to the same thing. I would also like to see Third made a one-way street again. Mr. Stennes: Resurfacing to any improved extent will increase use. If it is resurfaced as a two-way street, it should be widened and the sewer should be fixed. This is very germane to the problem. The taxpayers should object unless full utilization is taken into account; this is very pertinent. I too would like to go on record - I would like to see that street put back to a one-way street - I would like to see the action of the Council reversed. Mrs. Peterson 914 North Third Street Axe you going to resurface North Third Street? It should be a one -ray street and no school buses parked on it at all. we just can't get out of our driveways sometimes: If they did plan on widening it, or get a one-way street, that is the way we would like to have it. Mayor Charlsen: The cost is so terrific - we can't give any consideration to widening it. Mrs. Peterson: There are so many children on that street, and you have the funeral homes and churches. Mr. R. J. Stieger SC1 South Third Street When those school buses come down the street four or five at a time, it takes • \_. • • • (May 12, 1964-continued) 395 • • a brave man to back out of his driveway. If you are a chicken driver at all, you will wait fifteen minutes to get out on the street: I think it would be better to improve the traffic - it's dangerous. Take immediate action on the street now instead of future action when it will be more expensive. The street has a lot of ripples - are they going to take care of them? City Engineer: They will be cut off and leveled. Mr. R. J. Stieger: It certainly seems to me that the school buses could be routed over Fourth Street and get rid of some of that heavy traffic. We should have more holes on Third Street: Mr. Harry Hall: In the State Legislature in the last session, many bills were introduced which will tend to alleviate real estate taxes in the State of Minnesota. If we wait three or four years to have the street rebuilt, it is possible that the taxpayer would be able to afford a new street; real estate taxes will be reduced; I am paying for my house two times in fifteen years. I would be very willing to postpone the resurfacing. Mrs. Pay 1215 South Third Street I paid $385.00 in taxes last year; my husband don't work - he is crippled - we can't afford to pay any more taxes: Mr. Harry Campbell 1120 South Third Street I will go along with the rest of these folks on Third; there is nothing wrong with that street near Burlington. Mr. James Smith 805 North Third Street I can't figure out why it needs to be resurfaced north of School Street at all. The street is in good condition. You mentioned waiting a few years - how long would that last? You mentioned something about doing Third Street to the end of the Ravine - why don't you take all of Pine Street? Mayor Charleen: The reason was, the rest of it was in pretty good shape; the rest of it had been sealcoated. Mr. Graham Gower 401 North Third Street I agree with Mr. Stennes and Mrs. Peterson. Unless it is restored to a one-way status, there is no point in resurfacing the street. We sit and wait in our driveways - people don't stop and wait for us to back out. You would have very little trouble on North Third if it were a one-way street. I would definitely object to any resurfacing of the street as it is now. Mrs. Eugene Luebker 1110 South Third Street What is the average life of a street after it has been rebuilt? City Engineer: Three to five years with proper maintenance - sealcoating and resurfacing. Mrs. Luebker: Has anyone ever checked the rate of speed that buses travel down Third Street? You might be interested. City Engineer: Resurfacing strengthens the surface; it can carry more load. Mr. Stennes: Is there any attempt to assess against utilities which dig in the streets? Mayor Charlsen: It has not been done in the past, but it is proposed. Mr. Stennes: You are just proposing that you do that? I thought it was the law. • 396 (Ma:.r 12, 1964-continued) • • < — Mayor Charlsen: The law is to 'replace' streets in the manner they were originally. Mr . Stennes: What are you now proposing? Mayor Charlsen: To enforce that. Mr. Thomas M. Darrington 1342 South Third Street One thing is quite evident - that North and South Third is getting a lot of attention. The City Engineer has made a remark that made me think that I shouldn't talk at all, but it's a feeling on the south end of Third that the street is in pretty good shape. Due to the fact that, as traffic goes on Third, it never gets as far as Orleans Street. The necessity of doing any work on that part of the street at the present time is not too urgent. personally, 1 feel we would all be a bit uneasy if in a few years efr m now we had to pay $7.00 per foot. We are not anxious to have any everybody knows that, but the City Engineer says it has to be. We have con- fidence in the Council and the City Engineer. Mr. R. B. Johnson: I would like to go along with changing the street to a one- way street. I think I am safe in saying this - those of us living in between Laurel and School Street on North Third would not have any objection to re- surfacing the street if the traffic was changed to a one-way street. Get the traffic changed, then you can talk about resurfacing the street. Mr. Stennes: I think it is so germane - I can go out and get a petition and come in at another meeting. I certainly wouldn't have been here tonight to object to anything if the street were a one-way. I would be pleased to have our street improved. Mayor Charlsen: So many people sent in letters to leave that street a two-way: we thought the people wanted it left that way. Mr. James Simpson (414 North Third) I have no objection to the fact that you want to relay a new surface on either North or South Third, but I am concerned, however, about this. The Council should be in a position to say that these streets will not be dug up for gas, telephone, sewer, etc., except in case of emergencies, and emergencies should be defined. I can't see putting in new streets and having them dug up right away. City Engineer: Our biggest offender is Northern States power Company. I will have to admit that, but I did send a notice to Northern States stating what streets would be resurfaced, and that if they had any excavating to do within those streets, it would have to be done prior to the resurfacing. Mr. Simpson: Do you have any committment from Northern States Power? Mr. R. B. Johnson: Northern States was on North Third Street a week ago to ask property owners if they intended to put in gas at any time while they were living there, so they are making an attempt to cooperate. Mr. Harry Hall: The City Engineer Made a statement a minute ago that sounds like this was a forgone conclusion that it was going to be resurfaced. Do we have a choice? City Engineer: Two of their representatives came to my office after receiving the notice and asked me when construction would start. 1 told them soon, pro- viding of course that the project goes through at all. Mr. Erler: What do we have to do to stop it? Do I get a petition of the majority of the property owners? Would that be enough? I am down here because several of my neighbors have asked me to come down and speak for them. I am not in favor of it. • • • e .-' (may 12, 1964-continued) <`3 9 • • NEM Mr. Robert Norgren (303 North Third) I would like to see Third Street returned to a one-way street also; it would cut down a lot of -traffic. Mr. R. B. Johnson: Can we ask the Council for an opinion on this? Mayor Charlsen: I don't think we can give you an opinion - you have represen- tation here for a one-way street. Others may want a two street that are not here. Mr. Donald Valsvick: Even though I am in favor of a one-way street, I don't think it is fair to ask the Council to give an opinion on this; we should bring in a petition. I would like to voice my opinion again for that section of Third north of School Street. Mr. Graham Gower: When North Third was changed from one-way to two-way, it was for the convenience of construction on Myrtle; why was it arbitrarily put on a two-way basis from then on? There were just as many people who wanted it to re- main a one-way street. Mr. James Smith: In regard to the section of North of School street, if everyone on the street disapproves of that - how would that affect it? What would happen? Would we have to get it resurfaced anyway? I thought this would be an all or nothing project. City Attorney: Mayor Charlsen: City Attorney: to add the cost Mayor Charlsen: nights we didn't City Attorney: That was the plan. If that was dropped from the contract, you would probably have of it against the rest of the project. We advertised for bids and for the public hearing on the same have to accept the bids. The bids were submitted with the idea that it would be one project. Mr. Valsvick: You can reject the bids. Myrtle Street - Resurfacing No one appeared for or against the resurfacing of Myrtle Street. Churchill Street - Resurfacing Mr. James Underhill 805 West Churchill Street Can we do something so that we can be guaranteed that we would not be here again? Is Northern States Power Company going to ruin the street? Another thing - there are holes in Churchill Street. I hate to complain about maintenance, but I think it needs some attention. Mayor Charlsen: There a lot of complaints made about maintenance. We hope that this condition with Northern States Power Company has been remedied. Councilman Powell: Not until such time as Northern States Power stubs into each lot when the house is built. Ralph Slaughter 902 South Sixth Street The City Engineer gave us no idea of what we can expect on Churchill. There are forty or fifty buses going over the street every day; in three years are we going to have to go back and lay another top? Is it going to continue on and on and en? • �' (May 12, 1964-continued) •398 e • • I am getting just a little sick of paying for Sixth Street and Churchill Street. You have already got an unfirm underlay there; you start driving forty or fifty buses over every day, how long is it going to take to hammer it back to a mulsh? City Engineer: Maybe next year there is nothing to say that we wouldn't have fifty or sixty buses going over every day. I would say in three years and possibly five, we would probably have to sealcoat it. I am sure that the street will stand a lot better than three years. Mr. Slaughter: Is there or isn't there a way that a property owner can be protected to a degree? District 834 buses ride that street every day; isn't there any recourse to getting state aid on a thing like that? Mayor Charlsen: Not as far as the school district is concerned. Councilman Nolde: Take this to your representatives - Mr. Albertson or Mr. O' D ey. Councilman Powell: What is the possibility of having those streets desig- nated for bus use and making those state aid? Mr. Tony Paskfvan 421 West Churchill I will go along with the gentleman who wanted to put more holes in the Street to slow down traffic. As far as Northern States Power is concerned, there is no guarantee that if I sold my house the man buying it wouldn't put in gas tomorrow; there is nothing you can do to stop it. Churchill Street is the main street of the south part of town; I can't see why we property owners should be paying every year for the sake of other people coming fifty miles an hour down Churchill. If the holes want to get bigger, so help them, let them get bigger: How can we block this? Does a petition block it? Mayor Charlsen: We have to take it for granted that those that don't show up are in favor of it. Do you think you could get the majority of the people to vote against it? There were about five hundred notices sent out on this hearing: Mr. James Smith: They said that you don't get anywhere with City Hall; they didn't come because they think it's useless. Mr. Pask#van: Everybody says you can't fight City Hall. City Clerk: It has been the policy in the past that the people that are present at the hearing govern the outcome. City Attorney: You can't force people to appear at a hearing. Mayor Charlsen: What are we supposed to govern ourselves by?: Mr. Bruce Bergen: 416 West Churchill Street Whether or not a varied opinion is required. look at any election that you have. The fact that only 25% of the population voted doesn't have any bear- ing on the outcome. The people who are expressing an opinion of some sort are interested. I would like to find out over and above the fact that these streets have been looked at surface wise, what sort of surveys have been taken traffic wise on the streets? How this surfacing is done elsewhere fits in with the amount of traffic. Is this the same type of surfacing? How many buses over a weight of two and a -half tons use the street? How many cars use it? City Engineer: I had a man sitting on the corner of Churchill and Fourth counting everything that went by both ways. Bruce Bergen: This should be taken into consideration. The street is falling apart - we can't sit and watch it fall apart, but on the other hand, how well could the street be fixed to give us the best use of our money. Are we going a step further and investigate possibilities over and above what we have here? • • • (May 12, 1964-continued) • 99 • Mr. Slaughter: This $1.44 per foot is our price that we pay per foot: is the City's 25% share above this? Mayor Charlsen: That's right. Bruce Berger.: Quite a number of people I have talked to feel that the sub -base under the street could be everything from rotted out wood to bricks and stones and everything else. I am not objecting vehemently to getting the street fixed if it is done correctly; who wouldn't want a nice new street in front of their house? Churchill is the main road to the High School; it seems strange to me that a four-way stop hasn't been placed on that street. There is a tremendous amount of cars and buses and I would suggest that this be investigated thoroughly. Mr. Joe Borovsky 919 West Churchill Street I will agree with most of what has been said about Churchill Street. I have wanted them to repair the streets -if they had the equipment to repair them properly we wouldn't have those holes in there all the time; the same holes come out every year: Mr. Paskivan: The same holes come out after sealcoating. You are just throwing good money after bad on a lot of work. Mr. Jerry Ryan 1015 North First Street They throw a little hot mix in the holes on Churchill and leave it that way. Bruce Bergen: What procedure is used by the street crews to fill these holes? Is it who screams the loudest or those that need the most work? Mayor Charlsen: The ones that need the work done. Bruce Bergen: They have already been up to fix Laurel Street once. City Engineer: You would be amazed at the amount of traffic on that street. Joseph Samuelson 904 South Third Street I am involved in several issues here. I would object to the approach that simply because people do not come means that they are for the project. I came tonight because I did not know whether I was for or against. I think most tax- payers are primarily concerned whether or not the money we are going to spend over a long period is sound. We should have some type of long range plan; you are working towards that at least. I am a little perturbed with people who say you can't fight City Hall because they don't take the time to find out if they can be heard. I still don't know if I am for or against this program. I think whether we like it or not, urbanization is opening up - all of these things fit together. We should be moving with some thought to what we are doing, and I am convinced tonight that we are. Mrs. Margaret Niederer 927 Churchill Street There is nothing wrong with the street in front of our house: it was fixed not too many years back. In regard to those pot holes - look at the way they fill them up: They just fill them - they don't go over them with a roller or anything. It is just carelessness: Who determines the bus routes? Why can't they go on Anderson Street? City Clerk: The Council has nothing to do with that - it's the schools themselves. Mr. Paskfvan: I would like to live on a stainless steel street if I could afford it, but there is a limit to how much you can get out of a person. In five or six years we will be paying twice as much as when the thing was started. Mr. Borovsky: I would go with the majority. I would like to see my taxes go down. • • • • 400 (May 12, 1964-continued) Councilman Powell: We had quite a bit of discussion about taxes - you are paying 25% of the taxes to the City and 75% to the School System. City Attorney: This year the Mayor and City Council was able to hold down the :.ncrease in taxes to about four mills; the County was able to hold down to aoout four mills; the school district went up 16 mills. You will raise holy hell with City Hall, plain hell with the County, but no one ever calls the school board and raises hell with them; You people here have all been complaining about your taxes - don't blame it on the street plan - blame it on your school district. Mr. Pask4van: If the money is gone, it hurts me. They can tax me 100% of my wages as long as I have money for food and clothes, etc., but if I have ten dollars in my pocket I am not going to come down here and yell, hallelujah, take it away from me: Bruce Bergen: My main reason for coming down here isn't the fact that I am going to cry over the $1.44 per running foot; it is the fact that I am not convinced that this is the end solution to the thing. Mayor Charlsen: I agree with you - the end solution would be to put in a new base and a new street all the way through. This is a matter of keeping the street in a manner that you can drive on it. It is going to have to be sealcoated. Bruce Bergen: In two or three years it will have to be done again, but if Ron Ehlinger and the City Council feels that the dollars we are spending is the best we can do, then I am not opposed to it. Mayor Charlsen: I am sure that the Council wouldn't sit here from the first of January listening to Ron's reports if we didn't. We thought this was the right thing to do. We have to take the word of the City Engineer whom the City pays to do this work. Councilman Powell: If we went into concrete streets, which would be the ultimate, everything else would have to wait - we have to try and stretch the amount of money we have. Councilman Nolde: By the looks of the audience this evening, and the people that were here and left, it seems that all of them were not in favor of it. I think we should go along with the wishes of the people and abandon the whole program at this time. Mr. James Underhill: I am not inclined to go along with that. Churchill Street in front of my house is in pretty good shape; further down it is in pretty good shape, but beyond that, it needs fixing. The rest of the streets in town need repair and I think that because others have to be done, I would go along with the whole project. Mr. Paskjvan: What is under Churchill Street? What is the use of paving the top of it if the bottom is going to fall out? Mr. Donald Valsvick: What is the point before the floor? Mayor Charlsen: Councilman Nolde made a suggestion. Mr. Borovsky: I am on the fence; I don't know where to go. Sixth Street - Sealcoating No one appeared for or against the sealcoating on Sixth Street. Olive Street - Sealcoating No one appeared for or against the sealcoating on Olive Street. William Street - Sealcoating No one appeared for or =r=inst the sealcoating on William Street. • • • (May 12, 1964-continued) • 40 L • Owens Street - Sealcoatinq No one appeared for or against the sealcoating on Owens Street Second Street - Sealcoatinq Mr. Bert Christenson 920 West Second Street I have a couple of neighbors that didn't show up tonight; they are on social security and want to know if they are going to fix up the street and then dig it up again? City Engineer: Many bad spots that are in there will be fixed: it will not be dug up. Mayor Charlsen: You are not speaking against it? Mr, Christenson: No, I am not. I believe in having good streets. Center Street - Sealcoatinq No one appeared for or against the sealcoating on Colter Street. First Street - sealcoating No one appeared for or against the sealcoating on First Street Sherburne Street - Sealcoatinq NO one appeared for or against the sealcoating on Sherburne Street. Hancock Street - Sealcoatinq No one appeared for or against the sealcoating on Hancock Street. Mr. James Simpson: Those people who did not come you are assuming would be for it. so I would like to present this petition from people on Churchill Street - all of these people are against it. (listed earlier) After all interested persons had been given an opportunity to be heard, the Mayor closed the hearing. Councilman Nolde: I think the majority of the people who were hers this evening were Opposed to it. I would like to make the motion that we drop the complete program. Councilman Powell: Before it is seconded. I would like to inject thia; if Third Street were eliminated from School Street north, and it was eliminated from Burlington Street south, it's a possibility that it could be sealcoated at 390 per foot. City Engineer: The contractors bid on the basis that it was to be one project. Councilman Powell then seconded Councilman Nolde's motion and the vote was as follows: Councilman Powell ) Councilman Nolde ) for the motion Mayor Charlsen ) Councilman Iverson) against the motion Councilman Simonet) Mayor Charlsen: You people will be putting in new streets in two or three years from now at about $7.00 per foot. • (May 12, 1964-continued) • 402 • COMMITTEE REPORTS Councilman Simonet: Mr. Dittmer has requested that we extend the culvert on West William Street between Myrtle and Olive Streets; he will maintain it, etc. City Engineer: My personal opinion is that we should do it. Councilman Simonet: Fine. Go ahead. Councilman Simonet: Has anything been done on the relocation of Borup Street? City Clerk: Nothing has been done as yet; a certificate is still being held by Mr. Halsey. Councilman Simonet: Ron, you asked for a centrifugal pump - you figured it would cost about $520.00 - do you have the money to buy it with? City Engineer: I don't have money to buy anything with, but we do have money in the sewer fund. Councilman Simonet: Go ahead and buy it then, also the sludge shredder you asked for. What about this new tar kettle you asked for? City Engineer: We would have to advertise for bids on that. The unit itself would come to about $800.00 or $900.00, with a power spray it would come to about $1,300.00 or $1,400.00. Councilman Simonet: You asked for a roller, too. City Engineer: Yes, all of that would be sufficient to patch the streets. Councilman Simonet: You would get all of this, plus a portably compressor? City Engineer: Yes, it would amount b $3,500.00 or $4,000.00 altogether. Councilman Simonet: Let's leave it up to Ron, if he can get the money together. City Engineer: I don't have any money. Councilman Nolde: I move we allow the Councilman in charge of the Street Depart- ment to proceed with this. The motion was seconded by Councilman Powell. City Engineer: I received a letter from the Minnesota Department of Conser- vation. Division of Waters; they have given you an extension on time for MtEusick Lake Dam construction - until December 31, 1964. Councilman Powell: I called the Fire Underwriters Bureau and told them we weren't going to engage in any change in our Fire Department. I asked if they had any regulations governing volunteer fire departments; they will send us a copy of approved regulations - which is a pilot set made up by some association or something, anyway, it's a pretty good plan and we can look it over. 1 also have the report of the Fire Department here, but it is quite lengthy so I won't read it aloud. 4- • • • • (May 14, 1964-continued) 403 \ • • Councilman Iverson: I have a question for the City Attorney. were the eviction notices sent out for the people living on North Fourth Street? City Attorney: No, not yet. The City Clerk was then instructed to send a list of the tennants involved to the City Attorney. Councilman Iverson: I had hoped to have a final answer on the Lily Lake property, it is near completion, but not yet. Councilman Nolde: I have nothing to report. Mayor Charlsen: I have nothing to report, except that after listening to people here tonight, it might be a good idea to take that traffic counter out more often. Chief Sanders: I would like to have an o.k. to go ahead and buy a striper -sprayer in order to paint the crosswalks in town. Mayor Charlsen: Investigate the prices, etc., and report back. Chief Sanders: I would also like to bring to your attention that rocks are falling off the cliff beyond the Cavern Inn on Main Street. I have stated this to the Council before. City Engineer: In connection with that, I called the District Maintenance Engineer at St. Paul Park - he has been and is continuing to try and work a crew in here to see what they can do about removing the loose rock. Chief Sanders: You have a lot of children walking by there to and from school and somebody is going to be killed. Chief Sanders: I would also like to have $100.00 to install one of the fire department radios in one of our cars and would like the old transmitter too. As it stands now, we have no contact with the fire department. The radio would give us an opportunity to know when they go out on runs, etc. Mayor Charlsen: Do the councilmen have any objections? There were no objections. Councilman Nolde: On Main Street, where I used to have a taxi company at one time, there is a parking meter without a head on it - it has been that way for months. Chief Sanders: I believe the space there is not big enough for a car, but I will check it. PETITIONS None DELEGATIONS OR INDIVIDUALS None • • • ! 40- (May 12, 1964-continued) • • UNFINISHED BUSINESS .� This was the day and time set for hearing on proposed assessment, Local Improvement No. 45 (Myrtle Street). The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published, and the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gazette, official news- paper of the City, and a copy of same was mailed to all known property owners affected. The Mayor then opened the hearing. No one appeared for or against the proposed assessment; after all interested persons had been given an opportunity to be heard, the Mayor then closed the hearing. (See Resolution). The City Engineer was to have reported his findings regarding the bids for Local Improvement No. 42 - Street Surfacing and Sealcoating - which were opened on April 28, 1964. However, the project was abandoned earlier in the evening; therefore, the Engineer suggested that the bidders be notified to that affect. On motion of Councilman Powell, seconded by Councilman Simonet, the Engineer's suggestion was accepted. Mayor Charlsen: Chief Sanders, we would like to know why you made the recom- mendation that you did on the Prescott taxi stand. Chief Sanders: I couldn't see any reason for any more congestion on Main Street than is already caused by the Zepher bus line - it was my understanding that the other taxi stand (Carlson) would be moving in in front of the Laundry, which would eliminate one taxi from that area. Councilman Nolde: If you feel the Zepher bus line is a hazard on Main Street, send a letter to the agent and tell him to discontinue it completely: Chief Sanders: You asked me for my opinion and I gave it to you: Councilman Nolde: What has the Zepher line got to do with this taxi stand? Chief Sanders: I am looking at this as a traffic problem as a whole: By doing what I ask, the taxi would be able to pull right into the curb down there. When I recommended this, it was my understanding that the two fellows who bought your taxi were going to move into the Laundry; it was only a suggestion. Councilman Powell: Earlier tonight we gave permission to Prescott to have a pickup stand on Main Street and a parking space on Chestnut Street; do you find any objection to what we did? Chief Sanders: No. I don't have any objections. You only asked for my recom- mendation. If you don't accept it, I won't be hurt. Mayor Charlsen: That corner will have to be policed so there is no double parking. The City Engineer was to have reported on preliminary estimates on the petition presented by T. & L., Inc. for construction of sewer and water, and street surfacing in Fairmeadows; he stated the 'report was not ready as yet. • • • • (May 12, 1964-continued) 405l• • Mayor Charlsen: Contacting Griffen Wrecking to come in and start demolishing buildings was put aside because the city Attorney had not completed the necessary paper work, is that correct? City Attorney: We have Humphrey's property and when we have the checks this week. the deed for the Peaslee bus garage; a deed for Luella for the Auditorium Company. The other deeds we will get for the taxes - this should be worked out by the end of On motion of Councilman Powell, seconded by Councilman Iverson, the Clerk was instructed to advertise for bids, returnable on May 26, 1964, at 7:30 P. M., for demolishing the Peaslee bus garage. NEW BUSINESS On motion of Councilman Powell, seconded by Councilman Simonet, the following insurance policy was approved: Insurance policy #15BBF-39-91, issued by the Fidelity & Casualty Company of New York, known as Money and Securities Broad Form policy with limits of liability to $2,800; premium $147.15 for the period from May 7, 1964 to May 7, 1967. On motion of Councilman Powell, seconded by Councilman Iverson, the following certificate of insurance was approved: Certificate covering Insurance policy #4300041, issued by Transport Indemnity Company, Los Angeles, California; limited liability - $25,000, covering David Olson and Norman Webb, d/b/a Carlson Taxi Company, 221 South Main Street. On motion of Councilman Powell, seconded by Councilman Iverson, insurance policy was approved: Insurance policy AU #91-6851, issued Texas; Limits of Liability - $50,000 damage $5.000; premium - $119.30 for covering Stillwater Civilian Defense Fire Department. the following by the Employers Casualty Company, Dallas, each person, $100,000 each accident, property period. from April 28, 1964 to April 28, 1965, and Dr. K. L. Blodgett and City of Stillwater The Clerk reported that the following notices of appeal of parking facility assessment had been filed in his office. Stillwater Motor Company MCM Corporation Frank Schmidt On motion of Councilman Nolde, seconded by Councilman Powell, the Building Inspector's report covering activities for the months of March and April, 1964. was approved. The Clerk reported that the ambulance contract between the City of Stillwater and Lloyd Bodlovick expired on May 1, 1964. Councilman Iverson: I suggest that the Clerk right a letter to Mr. Bodlovick telling him that the contracthas expired. • • • (May 12, 1964-continued) 406 Councilman Powell: I suggest our Fire contracts with rural communities be brought before the May 26th meeting. ORDINANCES The second reading of the following ordinance was carried over to the Regular Adjourned Meeting, to be held on May 26, 1964: "An Ordinance for Safeguarding Persons and Property and Promoting the Welfare of the Public; Creating the Office of Electrical Inspector and Prescribing his duties, Rights and Authority; Establishing Standards for Electrical Equip- ment and its Installation, and Requiring Conformity Therewith; Making it Unlawful to Undertake the Installation of Electrical Equipment Without a Permit Therefor, Except as Otherwise Provided; Establishing License and Permit Fees; Providing Penalties for the Violation of this Ordinance and Repealing All Ordinances and Parts of Ordinances in Conflict with this Ordinance". On motion of Councilman Nolde, seconded by Councilman Powell, the Clerk made the first reading of"An Ordinance Annexing Territory to the City of Stillwater" (Nicholas Nelson). RESOLUTIONS The following resolutions were on roll call unanimously adopted: 1. Directing the Payment of Bills. 2. Approving Employment and Fixing Compensation of Caretaker (Emil Kelm) 3. Commending Northern States Power Company's action to locate new plant within S,'iool District #834. 4. Adopting .assessment, Local Improvement No. 45 (Myrtle Street). ADJOURNMENT On motion of Councilman Powell, seconded by Councilman Iverson, the meeting adjourned to May 26, 1964, at 7:30 P. M. (This meeting closed at 11:21 P. M.) Attest: Mayor • • • • 407 • Council Chamber Stillwater, Minnesota Regular Adjourned Meeting May 26, 1964 7:30 P. M. The meeting was called to order by President Charlsen. Present: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. Absent: None UNFINISHED BUSINESS This was the day and time set for opening of bids on the razing of a building for parking purposes (Peaslee Bus Garage). The Clerk read the notice for bids aloud; the Mayor inquired if the notice for bids was published, and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on May 15, 1964 and May 22, 1964. The Clerk reported that only one bid had been received. Councilman Powell then moved that the bid be opened; Councilman Nolde seconded the motion. Mayor. Charlsen: There is no salvage on this building; Peaslee has retained the right of all salvage. Thefollowing bid was then opened and read aloud: Griffen Wrecking Service Moorhead. Minnesota $2,277.00 pursuant to information on file in the office. of the City Engineer. City Engineer: I prepared five sets of specifications and they are still in my office; no one came to get them. Griffen never came to my office to look at the specifications. Councilman Nolde: It didn't state in the Garotte that there would be no salvage, did it? City Clerk: No, but it was stated in the specifications. City Attorney: Did Griffen have an affidavit of non -collusion with the first bid? City Engineer: Yes. - City.Attorney: Is there an affidavit of non -collusion enclosed with this bid? City Clerk: No, but I don't think that's very important. City Attorney: Why don't you send him a copy of the specifications? Contact Griffen and point out that you noticed that he did not pick up the specifications which mentioned the salvage rights, and tell him to check the specifications and the contents, and state that under the circumstances, if he wishes to withdraw his bid, he may. City Engineer: By the time Peaslee gets done salvaging everything he wants, Griffen won't have anything to wreck: Councilman Powell: I can't see inviting them to submit a higher bid. Councilman Nolde: Can he move in any time now? City Attorney: Any time, if he can take the Peaslee building at the same time. • • ' 4 0 E8 (May 26. 1964-continued) • Councilman Nolde: When can he get into the Peaslee building? City Attorney: That's what I am trying to find out; Peaslee is trying to get some recommendations from the Planning Commission for another location. He can store his buses outside for now, and make arrangements with one of the other garages to service his buses. Apparently, the Planning Commission is meeting tonight on his request for a rezoning which would enable him to use the old Garey property out by McKusick Lake. Councilman Iverson: By the way, did you tie up that property next to the Peaslee property? City Attorney: He said he would still let us have it for $1,500, plus taxes, which would bring it up to about $1,750.00. I was told that we didn't have enough money in the real property fund to purchase that property. Councilman Nolde: The motion was made and seconded that you should buy the property. Councilman Iverson: That was discussed a few meetings ago; you were instructed to buy it. Councilman Powell: I move that the bid of Griffen Wrecking be accepted. The motion was seconded by Councilman Iverson. The Mayor and City Clerk were then instructed to enter ito a contract with Griffen Wrecking Service. City Clerk: The insurance is ail right; it has been in our office for some time,. Actually, we would not have to enter into a contract at all now, he stated very briefly that this was a peanut job. City Attorney: If he contemplates doing the bus garage at the same time, he will have to wait until Peaslee vacates. Councilman Powell: Peaslee should be notified and given ten days notice; at the ;mime time, Griffen should be notified that Peaslee will have vacated his quarters within that ten days, if he agrees. Councilman Iverson: If it's going to have to hinge on that, we'll be sitting here until next Christmas: Weren't we told that he would put his buses outside so we could get this thing going? I suggest we tell him to get going in ten days. City Clerk: You gentlemen understand that when Griffen is notified, he will probably be working on another job; you can't expect him to be here right away. Councilman Powell then moved that a letter be written to Mr. Griffen requesting his arrival time in Stillwater; Councilman Simonet seconded the motion. Mayor Charlsen: Ask for an approximate date when he will be able to do the job, which then gives us a date to notify Peaslee when he has to be out. Have a copy of the letter sent to Mr. Peaslee. When you get a letter back from Griffen, immediately notify Mr. Peaslee of the date Mr. Griffen will be here to start wrecking. City Clerk: We have a request from Carlson Taxi for parking space. Mr. Norman Webb: We would like to have signs relocated that are now in front of 221 South Main Street and 223 South Main Street; we would like to have them put in front of 233 South Main Street, our present location. Right now we are in front of someone else's business, and they are not too happy about it. We are renting part of this building and it wouldn't be hurting anyone. Mayor Charlsen: Yes it would; Montgomery Ward has already issued a strong complaint about taking a parking space away from the front of their building. • • • (May 26, 1964-continued) fy , Mr. Webb: I was not aware that it was directly in front of their building. We are running four cabs and are only asking space for two of them; we almost need the two; there is no question about it. We want the first and second meters North of the fire hydrant. Councilman Powell: That would also be the first and second meters north of the private driveway there? Mr. Webb: That's right. Councilman Nolde: They would have one in front of the fire hydrant - there is a parking space there now. The only way we can do this is because there is a driveway right there going through the lot. Councilman Powell: I would say that if you wanted to be fair - you have given one space for a pickup spot to the other taxi and one space for a parking stand - in all fairness you should give one parking space and one pickup spot to the other taxi stand, but, then you might as well give them two because this is dif- ferent. I move that they be allowed two spaces as the request indicates. Councilman Iverson seconded the motion. Mayor Charlsen: I would like to recommend that the Police Chief beinstructednot to put'no parking' signs up until he has removed the heads from the other meters. Mr. Webb: I would also like to know if we could have a sign in the alley saying. 'one way -do not enter'. Councilman Nolde: That is something the owner would have to do himself. Mr. Webb: Is there anyone he would have to contact about this? Councilman Nolde: No. Just tell him to get the sign and put it up himself. Mr. Webb: When will the 'no parking' signs be taken care of? Mayor Charlsen: As soon as the Police Chief is notified. The Clerk reported that a claim was for Mr. Charles Freeman, who claims public street caused damages to his rains on April 16th and April 29th. Ato rney and the Krog Agency on May filed in his office by Rod Lawson, attorney that water washing onto his property from a property, most of which occured during heavy (A copy of said claim was mailed to the City 15, 1964.) City Engineer: This is something that didn't happen on April 16th and April 29th; it has been happening for some time. To the best of my knowledge, the rains we have had this week could not have cut that gulley in there twenty feet deep! I asked Hagen if he had any idea when bituminous aurface had been put in out there, and he said about seven or eight years ago he put it in himself, and the water was running then. This situation could be rectified to some extent. Mayor Charlsen: There is nothing we can do about it now anyway; it has been handed to the City Attorney and the insurance company. The Clerk reported that a notice of claim was filed in his office by John Rheinberger, attorney for Mr. William Le Cuyer; Mr. LeCuyer claims that the burning of rubbish at the City Dump caused a fire on his adjoining land. (a copy of said claim was mailed to the City Attorney and the Krog Agency on May 22, 1964). Councilman Nolde moved that it be filed; there was no second to the motion. • 410 way. 26. 1964-continued) 4 0n motion of Councilman Nolde, seconded by Councilman Powell, the following collateral, pledged by the Farmers & Merchants State Bank to secure city deposits, was released: No. 42657 $25,000.00 U. S. Treas. Notes due 8-15-64 No. 35978 $45,000.00 U. S. Treas. Notes due 2-15-66 No. 35979 $10,000.00 U. S. Treas. Bonds due 5-15-66 No. 46159 $ 5,000.00 U. S. Treas. Bonds due 5-15-66 No. 51459 $50,000.00 U. S. Treas. Bonds due 11-15-67 No. 51458 $50,000.00 U. S. Treas. Bonds due 8-15-68 No. 42655 $40,000.00 U. S. Treas. Bonds due 11-15-68 No. 35980 $30,000.00 U. S. Treas. Bonds due 2-15-72 No. 35982 $25,000.00 U. S. Treas. Bonds due 2-15-72 and on Motion of Councilman Powell, seconded by Councilman Nolde, the following collateral was substituted: Nos. 33281/3 $30,000.00 @ $10,000.00 each Nos. 40317 @ $10,000.00; 1310/1 @ $1,000.00 each. $ 12,000.00 U. S. Treas. Bond/1974 Coupon Bond 4-1/4%; Dated 5-15-64 Due 5-15-74 With 11-15-64 cpn. & S.C.A. U. S. Treas. Notes; Series E-1965 4% Dated 5-15-64; Due 11-15-65 with 11-15-64 cpn. & S.C.A. City Attorney: Ron, did you check on the Nick Nelson property? (petition to annex certain property to the City of Stillwater) City Engineer: Yes; the description does not exclude his property lying with- out the City. The second reading of the following ordinance was carried over to the next Regular Meeting of the Council, to be held on June 9, 1964: "An Ordinance for Safeguarding Persons and Property and Promoting the Welfare of the Public; Creating the Office of Electrical Inspector and Prescribing his Duties. Rights and Authority; Establishing Standards for Electrical Equip- ment and its Installation, and Requiring Conformity Therewith; Making it Unlawful to Undertake the Installation of Electrical Equipment without a Permit Therefor, Except as Otherwise Provided; Establishing License and Permit Fees; Providing Penalties for the Violation of this Ordinance and Repealing A11 Ordinances and Parts of Ordinances in Conflict with this Ordinance". The Clerk was directed to send copies of the above ordinance to all Council members prior to the June 9th meeting. Councilman Powell: Before I forget, I would like to suggest that when you speak to the Charter Commission, or if and when it goes into action, ask that they study and make recommendations in regard to street maintenance and repairs. Because of the fact that the citizens voted down street repair this year, next year it would be a good logical year to go to work on it.. Mayor.Charlsen: That is not in the Charter. Councilman Powell: Does it have to be in the Charter that the City could pay two-thirds and the property owner pay one third of the costs? City Clerk: The law reads that you shall assess fifteen percent. • • (May 26, 1964-continued) 411 • Councilman Powell: This can be assumed by other than the general fund, can't it? City Clerk: If this went to the Charter Commission, the people would be voting on the question, 'Shall the City Council be allowed to levy more than forty-five mills for the general fund?' Councilman Iverson: It would be better to go to the legislature. City Clerk: They will tell you to take it up with your own people. Councilman Powell: Is there any limit of the amount you can levy for the Permanent Improvement Fund? City Clerk: None whatsoever, but this is in the interpretation. Councilman Powell: I think the City Attorney should give us an opinion. City Attorney: It must be wholly charged to the City if it comes out of the Permanent Improvement Fund. Councilman Powell: Wouldn't this be worthy of a little study? The City Attorney could make a recommendation as to what might be done. Councilman Simonet: I do think we made a mistake a couple weeks ago when we decided not to go through with the street program. (Local Improvement *42). Councilman Iverson: No matter which way you try, you can't please everybody. What would you recommend, Ron? City Engineer: I would recommend that the City go ahead and fix all the streets; don't assess anybody, just put it on general taxes. Councilman Powell: Isn't it better to try and get one third of the assessment out of the property owners instead of three -fourths? It's the amount of the work they are complaining about. Mayor Charlsen: No, it isn't. Councilman Iverson: How much money do we get from the State for street mainten- ence? City Clerk: About $10,000; this goes into the General Pund. Councilman Iverson: Why couldn't that go into the Permanent Improvement Fund? City Clerk: I feel our street system is terrible; we know this. There is only one way to get at it. Take $250,000 and take each section of the town and build new streets; do a complete job over a period of three to five years. City Engineer: At the last Council meeting, I was supposed to have a report for sewer, water and street surfacing for Pairmeadows. (petition by T & L, Inc.) The original petition called for sewer, water and street surfacing, but after surveying Hanson Circle, it was found that about half of the street was above the level of our sewer. We went over it, and they are still kicking around about what they are going to do about it. I told them that in order to put a new street in they would have to raise the present street about ten feet. They decided to go ahead with sewer and water, but there will be no surfacing other than on Crestwood Terrace. They will probably resurvey and replat and move the street. Councilman Powell: That would come under the new subdivision ordinance; if they replat, it would be like a new subdivision. City Clerk: Let's not get into a soup with this; they wouldn't replat the whole area. City Attorney: Do they know that when all of this work is done, it will all have to be done by them? • • • ^ 12 (;lay 26, 1964-continued) • City Engineer: I don't know. City Clerk: How would you propose to finance this? Councilman Powell: We decided there would be no street work done this year. City Engineer: I would propose that this street work not be done this year; we could put the sewer and water in, but I am opposed to putting in new streets over fresh excavation. Couldn't we use money in the Local Improvement Fund? City Clerk: No. The public examiners have ruled that this money should be in the sinking fund. I don't think the citizens of Stillwater should have to finance private developers. Councilman Iverson: There is stuff now that we can't even finance for the City: Councilman Powell: Can we tell T & L, Inc. that if it's going to be done this year, they will have to do it themselves because we can't float a bond for this piecemeal work. If they want to wait until next year when we have more work. they can bring it in then. Councilman Iverson: We can't do it, so let's draw the line right here; that's it: Mayor Charlsen: I don't see how you can draw the line when you have already accepted the petition. Councilman Powell: I move that T & L, Inc. be informed that if they want to do any sewer and water work it will have to be done as a private venture; the City, will not put it in. Councilman Iverson seconded the motion. Councilman Nolde: The only thing I would like to know is, how can you reverse. yourselves from a couple of meetings ago? Councilman Powell: We thought this wouldn't be the only thing to come up; this should be explained to them, that because all other important projects have been turned down, we can't do it for this small amount. Councilman Iverson: What do we have to do to make this a permanent thing:: now? Would the subdivision ordinance take care of this? From here on that's the way we go - they have to meet the requirements of the subdivision controlordin- ance? City Engineer: That's right. Councilman Powell: They du their own advertising for bids and everything; it doesn't concern you at all except that it will be done under your supervision? City Engineer: Under my supervision. Councilman Powell: What if next year he comes in with a petition to do the work? City Engineer: I don't think you should reverse yourselves. City Clerk: If houses are built on the property and the individual property owners request sewer and water, then you have to put it in. City Attorney: We have to have a resolution to pay taxes on the properties we have acquired for parking purposes. We need $1,127.71 for the Humphrey property; Peaslee is going to pay the entire tax on his property himself, and then he will file a claim with the City after the taxes have been paid. The taxes on the Erickson property are $2,583.09; and $2,028.39 on the Pino property. Also, on • • (May 26, 1964-continued) 413 e • the Pino property, we should pay $420.28 interest that would not have accrued if he had paid his taxes. Pino should not be penalized for our failure to exercise the contract. In addition to the $420.28, Pino also had to pay the Cosmopolitan Bank $200. on mortgages which he wouldn't have had to pay if we had exercised the contract when we should have, but this should be put on a claim rather than on a resolution. I would like to see these taxes paid. There are penalties on the first half of them; after they are paid we can attempt to get some abatement on them. Councilman Iverson: This finalizes it now? City Attorney: Yes, this completes it. (See Resolution) Mayor Charlsen: I have a letter from Bernard J. Kopp, 124 Burke Street, regard- ing a site for a City dump. He wants to know how many names must be on a petition to have the dump moved in order to present it. I would like this letter brought up at the next meeting of the Council. Councilman Powell: I talked with the Chairman of the Board of Stillwater Township; they would like to be of assistance to us if we wanted to move the dump into Stillwater Township, abutting Stillwater property. They would help us in obtain- ing land through condemnation. I asked if he was referring to the LeCuyer property, and he said, yes. They are willing to pay for maintaining a dump, and felt a fee basis would be better. City Attorney: What did he say about the Rivard property? Councilman Powell: I don't know if he knows anything about that. City Attorney: You will recall at the last meeting we discussed the Rivard property; I tried to be as vague as possible, but there were people in the audience and the rumor got out: now I hear that the price has gone up. Mayor Charlsen: No, I can still buy it for $23,000 tomorrow. Councilman Powell: We could probably put a dump in there, but we wouldn't be doing ourselves or anyone else a favor. Mayor Charlsen: Everytime this dump problem comes up, I have said it should be moved to Grant Township, and you have wanted it here: Councilman Nolde: If you are going to have a new dump, it should be close to the people. How can we enforce rules over three or four miles of county road if we can't enforce them in the City Limits? I think it's time you have an investigation and see how your police department is functioning. You should have somebody that knows policing come in here and make a recommendation to you: Councilman Simonet: I think if we get a sanitary land fill dump we could enforce rules. councilman Powell: You would have four miles of highway looking like Myrtle Street does now (a mess). The Police Chief comes up here and says he hasn't the time to enforce it. Councilman Iverson: Why don't we get a report on what the police department does every month? How can we answer questions we are asked if we don't get any reports on what they are doing? Mayor Charlsen: You can't publish these reports. Councilman Iverson: I am interested only in the type of calls and the number of calls. Councilman Simonet: Do you feel you could give us some kind of an idea as to this Rivard property? • • • 414 (May 26, 1964-continued) • • City Ergineer: I could check it out. Councilman Simonet: Ask Ron to look into this and give us his recommendation at the June 9th meeting. Mayor Charlsen: There is a vacancy on the Recreation Board. Bob McGarry's term expired and he was not reappointed because of his work with the Urban Renewal Program. Councilman Nolde recommends that he be reappointed at this time. On motion of Councilman Simonet, seconded by Councilman Powell, Robert McGarry was reappointed to the Recreation Board for a term of three years. Councilman Simonet: Ron, if the Council would go along with using the street money you have on hand, what would you have in mind? City Engineer: I was wondering if we could put in a storm sewer on Grove and Hemlock Streets. Councilman Iverson: A year ago there was a big discussion about water going through Wes Niemi's property: we said we would levy money for it this year. Being that Ron didn't spend his money (for Local Improvement #42) his thinking is that he can now go out and correct some of the problems we have with water. City Engineer: We are having trouble on Grove and Olive Streets, Ramsey and Center, Grove and Ramsey, and Myrtle and Grove. By doing this, we could alleviate the problem of these streets being washed away. Councilman Nolde: It sounds good to me that we could get out and solve some of these problems. Councilman Simonet: Yes, but I would shy away from assessments. Councilman Nolde: I think we should go out and do the job without any assess- ment to the property owners. Mayor Charlsen: If we can do it without assessments I would just as soon go along with it, but I would hate to see assessments. City Clerk: If you are not going to assess, you can take it out of the Permanent Improvement Fund. City Attorney: Is it fair to the other sections of the City? City Engineer: There are no other sections of the City that have problems with storm sewers. Councilman Iverson: Go out and do the best you can without assessments. Councilman Nolde: You want us to make this an official action, don't you. Ron? City Engineer: That isn't necessary as long as we more or less agree. Councilman Iverson: I am in favor of it - go ahead. Councilman Nolde: I am in favor of it. Mayor Charlsen: Saturday is Memorial Day. Several business places are closing on Friday; would it be possible to declare this a holiday for City employees? City Clerk: An office of record can't close unless it is a legal holiday, but the street crew could be off. • • • • • (May 26, 1964-continued) Councilman Nolde: On South Broadway, by the playground, we would like to have a stop sign put up at the bottom pf the hill on Sixth Avenue to slow down the traffic. Mayor Charlsen: You couldn't put a stop sign right at the bottom of the hill; that would be dangerous in wintertime. Councilman Nolde: Couldn't we put up a, 'slow - children playing' sign or some- thing? When you have a playground area with a lot of children, I think some consideration should be given to slowing these cars down. Councilman Powell: If you put a stop sign at the bottom of that hill, pretty soon every old maid in town will want a stop sign in front of their property. The matter was turned over to the City Engineer for recommendation at the June 9th meeting. RESOLUTIONS On motion of Councilman Powell, seconded by Councilman Simonet, the following Resolutions were voted on as a group: 1. Authorizing Payment of 1963 Real Estate Taxes. (property acquired for parking purposes). 2. Approving Employment of Caretaker. (Ernest Webb - Lily Lake Beach). Confirming Appointment of Beach Personnel and Fixing Compensation. 4. Fixing Compensation of Supervisor of Recreational Facilities. (Dick Blekum). 5. Authorizing Contribution to American Legion Post #48 of Stillwater. (Recreation ProgranJ 6. Accepting Bids and Authorizing Execution of Contract. (Demolishing Erickson, - Humphrey, Pino, and Peaslee buildings). ADJOURNMENT On notion of Councilman Iverson, seconded by Councilman Powell, the meeting adjourned at 11:10 P. M. Attest: City Clerk leZei d.-� Mayor 415 • • • 416 • Council Chamber Stillwater, Minnesota June 9, 1964 4:30 P. M. Regular Meeting The meeting was called to order by President Charlsen. Opening prayer by the City Clerk. Present: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. Absent: None. On motion of Councilman Nolde, seconded by Councilman Powell, minutes of the following meetings were approved: Regular Meeting Regular Adjourned Meeting APPLICATIONS May 12, 1964 4:30 P. M. May 26, 1964 7:30 P. M. From John Mooley, 902 South Fourth Street, for an Off Sale 3.2 Beer License. (First reading - carried over to the next Regular Meeting of the Council due to location in a residential area). On motion of Councilman Powell, seconded by Councilman Nolde, a license to operate a popcorn wagon on City streets was granted to Louis P. Zeuli. From Neil Reaves Woodcock and Ronald Wesley Mounts, North Carolina, to sell reference books in the City under a Peddlers Permit, for a period of three months. A bond in the amount of $1,000.00 was presented along with their applications, and also a letter from their employers, the Northwestern Company of Tennessee. Mr. Woodcock stated briefly the type of book they wanted to sell in the City: Councilman Powell asked the price of the book, and was informed that it sold for $9.95. The City Attorney examined the bond and stated that it gave no indication that the Northwestern Company had enough assets to cover such a bond. The City Clerk then read the ordinance relating to Peddlers, Canvassers and Transient Merchants, and questioned under what category they would classify. Councilman Nolde: I think if we could make arrangements to get a new bond. I would like to see the boys get set up in business; it is up to the people now whether they want to buy the book or not. I move that the application be granted subject to the approval of a new bond. City Attorney: It would be my recommendation that they go to an insurance OP company or a bonding company and get a new bond. Councilman Nolde: I move the permit be approved subject to the approval of the Chief of Police, and they shall go by the recommendation of the City Attorney. City Attorney: That they provide a definite surety bond as required by the ordinance. Councilman Powell then seconded Councilman Nolde's motion. • • • (June 9, 1964-continued) 1 e • All Councilmen were in favor of having the applicants classified as Transient Merchants as they would be living at 904 West Pine Street in Stillwater for a period of three months. Mr. Woodcock: If we get a one -month permit. do we have to get arother permit to deliver and collect our money? City Attorney: No; not if you are not soliciting orders. Councilman Nolde: If business is successful, you will have to come in and get another permit. COMMUNICATIONS From Rube Granquist, Acting Director of Washington County Civil Defense, re- questing that all government employees, elected and appointed officials, take part in the Civil Defense survival courses being offered in Stillwater on June 15th. 16th, 17th and 18th at the Youth Center. Mayor Charlsen: I would like to recommend that the City Clerk be instructed towrite a letter to the department heads, suggesting that any of their employees who are available on those days should attend the conferences. Councilman Powell moved for the above; Councilman Nolde seconded the motion. From the Northern States Power Company - copy of letters directed to the Stillwater Police Department, Stillwater Fire Department, and Washington County Civil Defense, thanking them for their cooperation and help during the wind storm which occured two weeks ago. From Mr. Leo Lomer of Stillwater, expressing appreciation to the Stillwater Police for their fine work in finding his son, who had been picked up by a stranger and taken to St. Paul. From Robert D. Hagen, Chairman of the Planning & Zoning Commission, stating the Planning Commission's position on the following items: 1. Wilms and Hoppe properties on North Second Street - °The matter is now in the hands of the Fire Marshal". 2. St. Croix Bus Garage - recommend that Mr. Peaslee's request to use property by MCRusick Lake be denied. 3. Smith Oil Company - recommend that request to build a new filling station on North Fourth Street be denied. 4. Rivard property for use as a Landfill Dump - recommend that the City contact State officials and have the dump placed in Grant Township whether the Township agrees to it or not. (The Planning Commission is against the Rivard property for a dump site.) From the Stillwater Park Board, recommending the following improvements, which were discussed at the May 5th meeting of the Board: a. The City Council should employ a competent Park Planning and Surveying firm to make a survey and inventory of present park and recreational facilities. Such firm will then make recommendations to meet present and future needs. • • aj 418 (June 9. 1964-continued) • • b. Levy an annual tax to provide funds to adequately take care of and improve the City park systems. c. The waterfront road south of the bridge should be blacktopped. d. The City, at its own expense, provide adequate wiring and lighting in the pavilion at the foot of Myrtle Street. e. The curbing should be recessed about eight feet on the corner of the drive from the Waterfront Road to Chestnut Street. By recessing the curbing on this corner, a traffic hazard will be eliminated. f. The Chief of Police should be instructed to have Lowell Park patrolled on Saturday and Sunday, and Holidays, as much as possible commensurate with other duties. The police also should be instructed to lock the pavilion each evening on these days, and open it again on the following morning. From Robert W. McGarry, stating he had not intended to serve another year on the Recreation Board; he returned the Oath of Office unsigned. and stated.. that he was sure the Council would have no difficulty in finding a capable awn to replace him on the Board. From the Northern States Power Company, thanking the City of Stillwater for recognizing the importance of Northern States Power Company's decision to build a new generating plant in Oak Park Heights. Prom the Star Spangled Banner Flag House Association of Baltimore, Maryland; stating the week of June 14th through June 20th is National Flag Week, and asking that flags be flown in Stillwater. Also requesting that the Mayor issue a proclamation along those lines. Councilman Iverson: Is there a problem at Lowell Park with the flag pole? Mayor Charlsen: Yes, the cable is stuck. City Engineer: It would cost $25.00 to have a man go up and down that flag pole to fix the cable. Councilman Iverson: I will see what I can do about it; I won't give you a guarantee, but I will see what I can do. From the League of Minnesota Municipalities, announcing League convention to be held on June 17th, 18th and 19th at the Radison Hotel in Minneapolis. Mayor Charlsen announced that reservations have been made for all Councilmen. Prom the Hartford Insurance Company in regard to the claim filed by Charles W. Freeman, claiming damages against the City due to construction of a spill- way directing water over his property and causing washouts. The insurance company stated that the City is not covered under the terms of the policy, and will not pay the damages claimed by Mr. Freeman. City Engineer: I would have taken care of this prior to this time, but thought 2 should leave it until there was some action on it by the Council because of the legal aspects of it. It can be taken care of at any time. Mayor Charlsen: Check it out and see if you can divert the water. • • e • (June 9, 1964-continued) 419 • From several property owners requesting that signs be erected in the Pioneer Park area; specifically, a stop sign at the corner of Cherry and Second Streets. Councilman Iverson: I move this be turned over to the Chief of Police and the City Engineer to see if they can do something about it. city Engineer: Signs are already made; we are waiting for the posts in order to put up informational signs stating, "Slow - Crosswalk"; it would be un- advisable to put stop signs in that location. Councilman Powell then seconded Councilman Iverson's motion. COMMITTEE REPORTS Councilman Simonet: I have nothing to report; Ron, do you have anything? City Engineer: What does the Council desire to do about the weed problem this year? Councilman Simonet: We talked about this before and we knew that you wouldn't have the funds to handle it. Councilman lde: You aren't going to hire any college kids this year to spray weeds? Made: City Engineer: No sir; I have no money. Councilman Simonet: Just forget about it. If you don't have the money, you don't have the money. Councilman Powell: I have the report of the Fire Department for this month, and along with various normal statistics, the tanker is not in the best of con- dition and the Fire Department is requesting that it be repaired at approximately $100,00. Also, they are requesting at least 350 feet of new hose, at a cost of Approximately $600.00. Mayor Charlsen: Do you have the money to buy it7 Councilman Powell: NO, sir; we didn't allow any money to buy hose, or to repair the tanker. Councilman Molds: If the tanker has to be fixed, I consider that an urgency; L move we have it fixed. /here was no second to this motion. Councilman Powell: Mow do you feel about buying the new hose? City Clerk: May I make a suggestion? Call for bids on the hose. Councilman Molde: I move we have the Councilman in charge handle this entire matter. Councilman Simonet seconded the motion. 'the City clerk was then directed to advertise for bids on hose, to be returnable :on June 24, 1964, at 7:30 P. M. aouncilman Iverson: I have nothing to report. &Mayor Charlsen: Mow about the Lily Lake property? Councilman Iverson: That is in the process of being financed right now. • s ^ � O (June 99, 1964-continued) • • *Mayor Charlsen: The Brown's Creek property is being offered for sale. It is Ibeing developed and is going to be platted and sold for building. I think :It's a mistake for the City to let it go; it has unlimited possibilities for perk purposes. ocouncilnan Iverson: We don't have any money to buy it with, but I think we :should find out what the story is costwise. IMayor Charlsen: Do you want to do it? *Councilman Iverson: I would like to, yes. *Mayor Charlsen: Take a look into it and see what you can find out. °Councilman Nolde: The City Attorney, Mr. Thompson and myself met yesterday aand went through the new electrical ordinance; we feel it is ready for passage now. Mayor Charlsen: We are losing a policeman as of the 15th of this month. Mr. Riley has applied for, and has been successful in getting, a job at White Bear Lake at a salary of $525.00 per month, which is quite a bit more Oho he is making here at $410.00 per month. There has been quite a bit of dhiscussion among the policemen and they are willing to go along with one less ;patrolman; they will work more hours if we are willing to give them the salary trhat Riley would have had. The Chief, Assistant Chief, and the Sergeants would get a $70.00 a month increase, and the patrolmen would get a $60.00 a month increase. Councilman Powell: How many men would divide Riley's salary? !Mayor Charlsent Seven men. =councilman Simonet: What is your recommendation? Mayor Charlsen: I know what will happen - the firemen will be right over here oma our backs asking for an increase in pay, but I would be willing to go along w'Lth the police as long as they give us the same coverage we had before. I h.asve said it before and 1 will say it again - the patrolmen are underpaid in tithe City of Stillwater: Cobuncilman Simonet: I can't see any objections if you think it will work. Mayor Charlsen: I am willing to go along with it at the present time. Cdouncibman Simonet: Does the Chief feel he can get along with one less man? MJsyor Charlsen: Yes. Csbnncilman Simonet: I move the Mayor be directed to handle it in any way he s.;ees fit, with the endorsement of myself as the party making the motion. Cetnccilman Powell seconded the motion. Councilman Powell: If it cones into being, the Mayor should sit down with the wfhole police force and suggest some few minor changes; perhaps you have already donne this, but there have been some complaints that the Chief ham to be ciiauffeured around, and that he is always running down bad checks; this should bee one of the things that you stipulate they cannot do. Mayor Charlaen: I have acquired a set of rules for the police department; sometime I hope to have the chance of going through them and tailoring them four our police department. Councilman Nolde: The only thing that I will have against it is this; they ars making these proposals to the Mayor and Council. They should be set up more or leas in writing so six months from now they don't cone back and say thsat they are short of help and need another man. • • r• (June 9. 1964-continued) 421 • Councilman Powell: They should come to us with a schedule of how the police department will work and the shifts that they would have so this is down in black and white; if you have a verbal agreement only, you don't have anything that ie binding. Mayor Charlsen: When they asked about this, they had the schedule made out. They brought it in and showed it to me. Councilman Nolde: It's easy to increase salaries, but not too easy to decrease them, and it's easy to make promises. People shouldn't be working for wages that are not sufficient to live on, but like I say, as long as they are making these proposals... Mayor Charlsen: They are working forty-five hours a week. They will be working extra hours now to cover for Riley. Councilman Nolde: I heard some discussion that they would not be moonlighting if this increase goes into affect. I think this should be understood before we grant this increase. Mayor Charlsen: well, are you going to do that for the fire department? Councilman Nolde: No, because we are not doing anything to adjust their salaries. Let's forget about the fire department. Mayor Charlsen: We are talking about moonlighting. You can't do it for one and not the other: Councilman Nolde: Then I am against the increase in salary: Councilman Iverson: Maybe it would be a good time now to study the police department and get all of these rules and understandings all set up. I am not opposed to the increase in salary, but wouldn't this be a good tir to go over all of this and get it all set up the way you think it should be, and then go on from there? Mayor Charlsen: In the meantime we would have to hire another man. Councilman Simonet: I don't think there is going to be much of a changeinwhat the Mayor thinks should be done and what is being done now. Councilman Iverson: They say there is never enough men to do this or that; every time some little thing comas up they say they can't be there because they don't have enough men. Councilman Powell: I would also like to call attention to the fact that they said some time ago, if we dropped one man, we wouldn't get any police protection from 4:00 A. M. to 8:00 A. M. Councilman Nolde: I am all in favor of giving them an increase in salary. but I certainly want something in writing. I think there should be a policy set up in this department: Councilman Powell: He simply means, can we get a work schedule set up and presented to the Council? Mayor Charlsen: There is a work schedule set up! Councilman Powell: All we expect them to do then is use it. I personally an in favor, but we should have some schedule from the Chief and the participating officers: it is their proposal - have them hand it to us. Councilman Nolde: Maybe we should hire another man and leave it the way it is. Mayor Charlsen: Then you will be losing more men: Councilman Nolde: Where is this going to stop? I think we should study this thing. City Clerk: I understand from conversation that the chief has proposed to bring as many men in here this evening as he can, so if there are any questions the Council wants to ask, the men will be here. • • e / 422 J:inne 9, 1964-continued) • Councilman Nolde: I think we should wait until the men are here tonight. The vote was then taken on the motion to refer the matter to Mayor Charlsen to act as he sees fit, with the following results: Councilman Iverson: No Councilman Nolde: No Councilman Powell: Yes Councilman Simonet: Yes Mayor Charlsen: Yea Councilman Powell: would it be out of order to vote on this again later tonight? City Clerk: The motion made was voted on and carried, but the resolution fixing salaries is another matter. Cm notion of Councilman Simonet, seconded by Councilman Powell, the meeting adjourned to 7:30 P. M. (This portion of the meeting closed at 6:30 P. M.) 7:30 P. M. - Meeting Reconvened PETITIONS None DELEGATIONS OR INDIVIDUALS None UNFINISHED BUSINESS The City Attorney reported the following in regard to the wilmes and Hoppe properties on North Second Street: The Wilmes house and the Hoppe house have been visited by the State Fire Marshal: he has instituted proceedings to eliminate them. They have received sixty days notice to demolish or propose plans for remodeling. The only thing you can do now is wait for sixty days. City Attorney: In regard to the property directly west of the present Peaslee Bus Garage, I talked to Gordy Wels$hons and asked if this property was :sold; he said it was in the process of being sold. There is a slight possibil- .Lty that he may have some more word for me tomorrow, but this does not con- :ttitute an offer to sell because we do not know if they want to sell it to tths City. Mayor Charlsen: In other words, you will follow through on it and you will let us know. C=4ty Attorney: During the month of May, I notified the three tennants living La the City -owned three-plex on North Fourth Street that the building would be torn down. I advised them by letter, and I have a note on my desk to send a formal thirty day notice, to be out of there by the Slat of July. • • (June 9, 1964-continued) 428 • City Attorney: Before we go on. I wish to announce to you at this time that I am resigning this office as City Attorney, to be effective when you find a successor. Councilman Nolde: I, as one Councilman, am sorry to hear this. Mayor Charlsen: Is this for personal reasons. or press of business? City Attorney: Personal reasons - not press of business. Mayor Charlsen: I am sorry to hear this. city clerk: I wish the City Attorney would reconsider this matter. Mayor Charlsen: would you like to have some time to reconsider? City Attorney: Mayor Charlsen: City Attorney: Mayor Charlsen: I am afraid it would do no good. Ton have been thinking of this for awhile? I have been thinking of this for some time. why don't you call me up tomorrow; do you want to do that? I City Attorney: 'don't think anything could be worked out. I don't want to have to comeback to the City council every six months whining and groaning that I don't like the way the situation is going, and I will not put myself in that position. City Clerks Do you accept the resignation? Mayor Charlsen: No. Not at this time. Chief Sanders: I was instructed to check into a paint striper. I have found one that costs $79.50 - it is a hand operated affair. and I would recommend that the Council purchase it, along with twenty-five gallons of white paint at $2.70 per gallon. The whole thing will come to about $150.00. 'Councilman Nolde: I move we instruct the Mayor, who is in charge of the Police :Department, to take care of this. 'Councilman Iverson seconded the motion. °Chief Sanders: In regard to the meters I was to investigate on Main Street, I I@elleve it would be too short a distance for a car to park in between them. WXe would have to move too many meters to make a full car space in there - it oaonld create too much of a problem. City Clerk: This afternoon, one of the Griffen people called my office and Unformed me that they would be moving in their equipment on June 23rd. They mere presently engaged in a construction job in Grand Pbrks, and will move in hhera and start work on the 23rd or 24th. Miayor Charlsen: The City Clerk should instruct Mr. Peaslee of this. Cilty Engineer: I contacted Mrs. Trudgeon (regarding the Council's decision to inform T a L, Inc. that any sewer and water work they requested this year would heave to be done by them - not the City); Mr. Trudgeon is in the hospital and Mr. Lawson is out of town. Mrs. Trudgeon did not want to tell her husband about any oft this because he is in poor condition. • • (Junne 9, 1964-continued) 424 • • • The City Engineer submitted his report on the possible use of the Rivard property as a landfill dump site. City Engineer: You all have my report, and if there are any questions, I will endeavor to answer them. Councilman Nolde: It sounds like a good setup to me, if it is run right and handled right from the beginning. Councilman Iverson: I would go along with the Planning Commission's recom- mendation (abandon idea of using Rivard property and use Grant Township site) with one exception - rather than go into Grant Township, go into Stillwater Township. Mayor Charlsen: We have no concrete offer Councilman Iverson: I would be opposed to to discuss it with them. this Rivard property for a dump. Councilman Nolde: There is only one way we about it instead of just talking about it. completely forget about it. Mr. Bernard Kopp: We have people living by the dump who pay $1,000. per in taxes; the only place Stillwater can move is out by the dump - what's to be done about it? can solve this - do something We should either take action or year going Councilman Nolde: We are talking about a landfill dump. Mr. lbpp: If you put it out there are we still going to have garbage dumped into our yards? Councilman Nolde: We would put the new dump across from the old one, plant trees and you would never see it from the road. Mr. Kopp: What about the road to the dump? Mayor Charlsen: That is where the police department is going to have to enforce the rules. Councilman Nolde: What would you recommend? Mr. Kopp: Has Bayport made you an offer? Councilman Nolde: How would the fine citizens of Bayport like the people of Stillwater cluttering up the road to Bayport? Mayor Charlsen: Grant township says they wouldn't give us a permit to use that land out there for a dump? George Kutz: Everybody is talking about the dump - that dump hes been there as long as I can remember... Mayor Charlsen: People are getting careless about it. Councilman Nolde: The reason we thought of this particular property is because we would like to make it convenient to our fine citizens - we would like to have it close to the City. We could eliminate fires and garbage and it would all be covered every day. We would probably use it for a future park site, or something along those lines, and it would still be in the city of Stillwater. I know we are going to have a lot of people who are going to oppose it violently. Councilman Powell: I would like to ask this question - when the previous Council suggested the land in Grant Township, did they not at that time vote to have the dump out there? Don't we have to rescind that in order to have the dump someplace else? City Clerk: A previous Council cannot bind the present Council except by ordinance. • • • (June 9, 1964-continued) s 25 • • Councilman Powell: I understand that. but the simple fact that they bought this property in Grant Township, and in view of the fact that the Planning Commission has recommended that we have the dump there, it is my belief that we should go ahead with the dump in Grant Township. even if we have to go into court. We should proceed along that line until we are stopped. We are hashing over some- thing that has already been hashed over. The Planning Commission feels that that is the place for it. I can understand that we can only enforce the regu- lations as far as the City Limits is concerned, but maybe what we miss, the deputy sheriffs may pick up.. Councilman Simonet: I feel lust the opposite of that. If we are going to have a dump for the City of Stillwater, you should have it in the City. As soon as we start using it. we will be faced with some court action and I don't think we are going to accomplish anything. We tried Radle to the east of the dump and didn't get anywhere there. It would be my recommendation that we take this Rivard property. We have to do something, and it should be in the City of Stillwater. Ron, would it be easier to develop a landfill dump in Grant Township or in the City? City Engineer: It would be easier in the City because we have access to a water main; in Grant Township we would have no water - you would have to build a well. Mayor Charlsens It doesn't make any difference as far as you are concerned what the Planning Commission recommended? Councilman Simonet: Maybe we should get together with them and explain our position; maybe they don't know our feelings on it. City Engineers I would suggest also that you realize before you can vacate the present dump and fill it. you have to destroy all of the rate. Councilman Noldes I move the councilman in charge of the dump contact Mr. Rivard and try to set up negotiations to buy some of his land for a landfill dump. There is no sense in making it complicated and bringing in more people than we need. lord knows we are going to have people fighting us on it. Councilman Powell seconded the motion. Councilman Iverson was opposed. The City Engineer reported on findings relative to a request for a sign in the vicinity of the triangular playground on South Broadway. "1 sign now exists on the Southeast corner of the triangle and we should place a couple on the North end of the park also". Mayor Charlsen: Would you go ahead and do that? City Engineer: Yes, sir. Building Inspector: I have studied various ordinances regarding time limits •an building permits throughout the area: they vary from ninety to one hundred sixty days to one year. I think that no permit should be allowed to run more than 180 days for residential remodeling or exterior building. Building or :remodeling should be completed within 180 days from the date the permit is issued, or they must obtain a new permit, and all fees will be forfeited. :Councilman Nolde: I move we set this up for 180 days and not let it go any Longer than that. "There was no second to this motion. ocity Clerk: The ordinance should be amended. ocouncilman Nolde: I move that we amend the ordinance to state that 180 days esl:all be the time limit on residential building permits. 'ire motion was seconded by Councilman Simonet. • • • 426 a (Jugae 9, 1964-continued) • The Council then decided to have the first reading of the amendment to the ordinance at the next regular meeting of theCouncil. Building Inspector: I believe Mr. Ehlinger has something to say about our building code in regard to the elevations of streets and sewers. City Engineer: I mentioned this to the Council once before. There should be some kind of an amendment to the ordinance so that the contractor would have to check with the Building Inspector or myself as to the elevation of the street and sewer before proceeding with built1tg. Building Inspector: Under our present ordinance, there is nothing we can do. It was then agreed to have the first reading of the amendment to the ordinance at the next regular meeting of the Council. On motion of Councilman Nolde, seconded by Councilman Iverson, the Building Inspector's report covering activities during the month of May was approved. MEW BUSINESS Mayor Charlsen: Do any of you gentlemen have any objections to the reappoint- ment of Mr. Richard Olsen to the Board of Water Commissioners? (Term expires on July 1, 1964). I don't have his o.k. yet, but just in case, do you have any objections? No objections were voiced. On motion of Councilman Simonet, seconded by Councilman Nolde, a renewal certificate from the St, Paul Fire & Marine Insurance Company, bond #400 AN E603, on behalf of Leo A. Richert to excavate in City streets and alleys, •vas approved. Mayor Charlsen: Mr. Edinger, at the present time, when anyone digs in a Bpublic street and replaces it, and six months to a year later it sinks, is elbere anything that says that is not a completed job and they have to come Back and fix it? City Engineer: No. City Attorney: Do you ever inspect the work being done? C_Lty Engineers I can go out and look at a patch job after it is finished, aged approve it or disapprove it. Cl1ty Attorney: You could give approval after a period of a year. Mayor Charlsens Everytime we have a public Fearing on street work, all we hater is complaints about Northern States Power Company, the Telephone Company, private contractors, etc. I think it's about time we take a look at protecting tite property owner for the future. Ciity Engineer: I think the city should purchase the proper equipment and the Ciity should do the work. Councilman Nolde: At the last Council meeting, didn't we talk about buying a packer? • • • (June 9, 1964 - • 427 Councilman Simonet: Advertise for bide to purchase it - go ahead and buy it. also the tar kettle and the compressor. (Bids on the packer and tar kettle to be returnable on June 24. 1964, at 7:30 P. M.; it is not necessary to advertise for bids on the compressor as it will cost less than $1,000.00). City Engineer: What does the Council recommend that we charge a man to rent our aerial ladder? Councilman Nolde: Is $30.00 per day too much? City Engineer: It's up to the Council. The City Clerk was then instructed to check on the liability insurance covering the truck on which the aerial ladder is attached. On motion of Councilman Powell, seconded by Councilman Simonet, Kenneth M. Andrews, 1422 North William Street, was appointed to the Auxiliary Fire Depart- ment. and the City will pay his membership dues in the Volunteer Firemen's Benefit Association, amounting to $2.00. On notion of Councilman Nolde, seconded by Councilman Simonet, two City police- men were authorized to attend the police convention in St. Cloud, Minnesota, on June 14th, 15th and 16th, all legal expenses to be paid by the City. Mayor Charlsen: This afternoon, the question came up about one policeman leafing the force and a recommendation was made. A question then arose from one of the Councilmen. Councilman Nolde: I wasn't opposed to anything other that, in the event we grant this salary increase, what bearing will this have on people working outside of the police department? will that be eliminated? Chief Sanders: There is one person we haven't consulted at all on this yet, but as far as the rest of them, this will be their only job. Councilman abide: As far as I am concerned, I feel we should grant the increase, but in the event that another policeman is hired six months from now, your wages will no longer stay where they are, they will drop back to where they were, do you understand that? Chief Sanders: I understand that, but we have discussed this very carefully; we will give the City the same coverage and there will be no slacking any place along the line. We agreed that this is their working day. •Councilman Nolde: You've been telling us that you have been short of policemen, .and mix months from now, if you come back and say you need another man, your :salary is going to revert back to where it was: do you understand that? oehief Sanders: I am sure the Council will take into consideration the enlarging col our population. Mouncilman Powell: If anything is done in the way of a salary raise for everyone - if the money is available this would also be given to the policemen. But, if you :revert back to your regular force, you would revert back to your regular pay. ALL Roepke: If the Council feels that there is money in the budget to raise the o.ireral pay, we shouldn't be left out. C.buncilman Powell: You are asking us not to hire another policeman. Caovncilman Nolde: As long as you understand that - we don't want any problems. • • 428 (June 9. 1E964-continued) • • Leo CCertony: A policeman can't get a raise after six months? — Count -oilman Nolde: This has no bearing as far as normal increase in salary is cooneexned. Mayon charlsen: If there is a general raise for all city employees, you will be given the same consideration as all other employees. Al Resopke: Fourteen men have left our police department in the last ten years becauuse the pay was too low. Chie:•f Sanders: Five left in the past three years seeking other employment. Mayolr Charlsen: This is too much of a turnover to have an efficient police forums. On .ration of Councilman Powell, seconded by Councilman Iverson, the following chmmge orders were approved: Chance Order No. 1 - local Improvement No. 47-1964 Erwin Montgomery Construction Company Insulation of the new six inch (6") watermain for thirty-five 435) feet across west Pine Street on South Borup Street because the existing waternain connected to was leas then the required depth 35 Lineal Feet of Insulation for 6" C.I.P. $105.00 siatermaini in place @ $3.00/l.f. Total Increase - Contract Price $105.00 Change order No. 2 - Local Improvement No. 47-1964 Erwin Montgomery Construction Company Extending of 122.5 Lineal Feet of Sewer Main and Waternain on South Morup Street South from the locations as shown on the original plans as submitted and approved. Sewer 11 lineal feet 8" V.C.P. - 12'-14' Deep -in place $ 35.75 @ 43.25/1.f. 78 lineal feet 8" V.C.P. - 14'-16' Deep -in place 319,80 8 44.10/1.f. 33.5 lineal feet 8" V.C.P. - 16'-18' Deep -in place 169.1E @ $5.05/1.f. 1 Each - Std. or Jet. Manhole - 8' Deep -in place 200.00 @ $200.00/ea. 8.85 Lineal feet - Std. Manhole in excess of Average 159.30 Depth @ $18.00/1.f. 1 Each - 6" x 8" V.C.P. Wye - in place @ $5.00/ea. 5.00 1 Each - 6" V.C.P. Riser (45 Deg. Elb. A 2' Lgth) 8.00 @ $8.00/ea. 2 lineal feet 6" Additional Lgth Riser - in place 6.00 @ $3.00/1.f. Sub -Total $ 903.03 • • • m (June 9, 1964-continued 2 9• • r Waterman 122.5 lineal feet 6" C.I.P. Watermain - 7' Cover in place ® $3.00/1.f. Sub -Total Total Increase - Contract Price Change Order No. 1 - Local Improvement No. 49-1964 Erwin Montgomery Construction Company Raising of twelve (12") inch watermain at the intersection of West Pine and South West Street in order to hold the design grade of the sanitary sewer on West Pine Street $ 367.50 $ 367.50 $1,270.53 Backhoe rental - 4 hours 4A $22.00/hour $ 88.00 Loader rental - 1 hour 0 $15.00/hour 15.00 3 Men 0 $5.00/hour for 4 hours 12 hours ® $5.00/hour 60 00 Total Increase - Contract Price $ 163.00 'nue Clerk read the minutes of the Planning Commission meeting held on May 26, :1964, at 7:30 P. M. _Mlle Clerk reported that a Summons & Complaint had been served onhim in the smatter of Schilling vs. the City of Stillwater. Mrs. Schilling claimed she *suffered injuries due to a fall on North Fourth Street on June 26, 1963: a alaim was filed on July 24, 1963. (A copy of Summons & Complaint was mailed Ito the City Attorney and to the Rrog Agency). ORDINANCES OM motion of Councilman Nolde, seconded by Councilman Simonet, the second treading of the "Electrical Ordinance" was carried over to the next regular meeting of the Council. C3a notion of Councilman Iverson, seconded by Councilman Powell, the Clerk made the second reading of "An Ordinance Annexing Territory to the City of Stillwater" Oflicholas Nelson). T7fie ordinance was read Section by Section, followed by roll call after Section: t:_he Chair then put the question, "Shall this ordinance pass?", followed by roll ceall. The ordinance was unanimously adopted. RIESOLUTIONS 1., Directing the Payment of Bills. 2-, Adiusting Errors in Original Parking Facility Assessment of 1963. (Reutiman & Anderson; Vervle E. Stone) • • (June 9, 1064-continued) 3. Fixing Compensation of Secretary (Carol A. Peterson) 4. Fixing Compensation of nookkeepee (Dolan; J. ..,.._ ) 5. Authorizing City Employees to Attend Civil Defenae survival Course. 6. Adjusting Compensation of Police Personnel. ADJCDAnnBNT On motion of Councilman Iverson, seconded by Councilman Powell, the meeting adjourned to June 24, 1964, at 7:30 P. M. (This meeting closed at 10:15 P. St. Attesat: City Clerk Mayor e 431 Ccouncil Chamber S"otillwater, Minnesota June 17, 1964 4:30 P. M. Sapecial Meeting Tlhe Meeting was called to order by President Charlsen. 99resent: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. AAbsent: None T7his meeting was called to discuss the appointment of a city Attorney to replace vnmcil D. Kalinof£, who tendered his resignation on June 9, 1964, effective when as successor is appointed. Mayor Charlsen announced that John L. Jewell had been approached regarding the position, but Mr. Jewell stated he would be unable to accept at the present time. sur. Lyle Eckberg had informed Mayor Charlsen that he would be willing to take tlhe position if there is no 'hulla-balloo' about it, and that Mr. Harold Kimmel ammuld fill in for him if necessary. Mayor Charlsen then proposed the name of Lark Eckberg for the position of City Attorney. Coovncilman Simonet stated that he would go along with the appointment of Lyle Eedr.berg, but added that he would contact Mr. Philip Eastwood over the :weekend and ask him if he would like to be considered. Councilman Simonet also mentioned Ube names of Howard Albertson and Chester Wilson. The Neumeier, Rheinberger, Eckkberg and Kissel firm was questioned due to the fact that they might have con - fillets with various concerns. Councilman Simonet then nominated Mr. Philip Eastwood. Ccomnciln an Iverson agreed with Councilman Simonet that a violation of the Charter would be involved here, Councilman Simonet then proposed the following: 1. Ask for applications from attorneys in the City who are interested. 2. Refer qualities of applicants to the Bar Association. 3. Possibly make appointments on a two-year basis. Cmuncilman Iverson then referred to that portion of the City Charter regarding amputated officials, and Mayor Charlsenreadsame. Ors motion of Councilman Powell, seconded by councilman Iverson, it was agreed to instruct the City Attorney to contact the Attorney General's office in regard to this following questions: "Is an attorney who is a director of a bank in the City of Stillwater, which baenk is used as a City depository, eligible to be appointed.City Attorney?" "Is an attorney, who is township and village attorney for adjoining towns anmd villages, eligible for appointment as City Attorney?" Orr motion of Councilman Nolde, seconded by councilman Iverson, the meeting adEjourned at 5:26 P. M. At':test: adez9 (7YA/8' 'fib Mayor e % 432 • • Council Chamber Stillwater, Minnesota Regular Adlourned Meeting June 24, 1964 7:30 P. M. The meeting was called to order by President Charlsen Present: Councilmen Iverson. Nolde. Powell. Simonet and President Charlsen. Absent: None UNFINISHED_ BUSINESS This was the day and time set to open bids on one bottom or tube fired kettle for melting asphalts and tars, minimum capacity of 240 gallons with power spray attachment. The Clerk read the notice for bids aloud; -he Mayor inquired if the notice for bids was published, and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on June 15th and June 22nd. The following bids were then opened and read aloud: 1. Ruffridge Johnson. Equipment Co., Inc. Minneapolis, Minnesota $ 995.00 - 225 Gallon-lbdel XD 25.00 - extras $1.020.00 - Petal Bid Delivery: July 15. 1964 2. Public Works Equipment Company St. Paul. Minnesota $1.029.00 - 230 Gallon -Bottom Fired Kettle $1.213.00 - 230 Gallon -Tube Fired Kettle $1.129.00 - 330 Gallon -Bottom Fired Kettle $1,597.00 - 330 Gallon -Tube Fired Kettle 3. Borchert -Ingersoll, Inc. St. Paul, Minnesota $1.630.00 - Model MSU extras: 40.00 - 174" Flexible Steel Loading Hose 35.00 - Safety Chains 10.00 - Manhole Strainer 9.00 - 15'X1" Rubber Hose instead of Steel 45.00 - Dial Thermometer $1,769.00 - Total Bid Delivery: On or Before July 24. On motion of Councilman Simonet. seconded by Councilman Iverson, the bids were referred to the City Engineer for study, and recommendation at the July 7th meeting of the Council. This was the day and time set to open bids on one High Frequency Self -Propelled Vibrating Roller. • • • (June 24, 1964-continued) 433 # The Clerk read the notice for bids aloud: the Mayor inquired if the notice for bide was published, and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on June 15th and June 22nd. The following bids were then opened and read aloud: 1. Public Works Equipment Company St. Paul, Minnesota $2.006.00 - Total Bid * 2. Hall Equipment, Inc. Minneapolis, Minnesota $1,480.00 - Total Bid * 3. Borchert -Ingersoll, Inc. St. Paul, Minnesota $1,790.00 - Total Bid • *includes "less trade in" Delivery: On or Before July 29. Delivery: Approximately one week Delivery: On or Before July 10. Om motion of Councilman Powell, seconded by Councilman Simonet, the bide were referred to the City Engineer for study, and recommendation at the July 7th meeting of the Council. This was the day and time set to open bids on 350 feet of 2h" Double Jacket, Rubber Lined Fire Hose: 600 ib. Test. The Clerk read the notice for bids aloud; the Mayor inquired if the notice for bids was published, and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on June 15th and June 22nd. The following bids were then opened and read aloud: 1. C. F. Coyer S. Associates Delivery: 30 days or less. Minneapolis, Minnesota $385.00 - 350' 21/2" DJ -Treated 600f Test - Bi-Flex @ $1.10 per foot $472.50 - 350' 21/2" DJ -Treated 60010 Test - Municipal @ $1.35 per foot S525.00 - 350' 2h" DJ -Treated 6000 Test - Durable @ $1.50 per foot also: 350' 21/4" DJ -Treated 600f Test - Deluge @ $1.85 per foot 350' 2h" DJ -Treated 600# Teat - Duraflex @ $1.95 per foot 350' 2h" DJ -Treated 6000 Test - Bi-Lateral @ $2.10 per foot 350' 23/4" DJ -Treated 800f Test - Dacrolon @ $2.30 per foot 350' 21/2" DJ -Treated 60040 Test - All Dacron @ $1.70 per foot 2. Weber S. Troseth Company St. Paul, Minnesota S417.95 - 350' 21/2" DJ -Treated 600f Test - Dacron @ $1.19h per foot $598.50 - 350' 2$" DJ -Treated 600# Test - 100% Dacron P. $1.71 per foot On motion of Councilman Simonet, seconded by Councilman Powell, the bids were referred to Fire Chief Lawson for study, and recommendation at the July 7th meeting of the Council. • • • 434 • (June :24, 1964-continued) • • APPLICATIONS From Mr. and Mrs. Roger Filers of Stillwater, requesting permission to sell Amway cleaning products door-to-door, without a permit as required by Ordinance No. 388. Mr. Eilers stated that he is a teacher at one of the local schools, and would be selling these products during the summer months. Mayor Charlsen asked the Councilmen if there were any questions or if they had any reason to object to granting permission. No objections were voiced. City Attorney: A permit will not be necessary. Mayor Charlsen: You have permission to sell door-to-door without a permit. NEW BUSINESS Mr. Ruben Granquists Your Honor the Mayor, and Gentlemen of the Council, I am here in the interest of Mcxusick Lake. To set the record straight, I am not here in any way trying to drive home my own thoughts; this is a condition we have today that no longer can go on. It's a condition that is a health hazard: It's true that I do own some property by the lake, but I am also a conservationist; we have to conserve some of our natural resources. That dam at Mexusick Lake has never been engineered; we thought it was, but it wasn't. I am suggesting tc the Council now that they engineer it - it is to the point mow where we can no longer monkey around. Now, you bought some buildings you have to tear down those buildings, and the debris should be hauled to McRusick Lake for fill. We who have lived around here for awhile know that we baize logs around here that have been in the river for 100 years, and they would make wonderful fill, but the Engineer doesn't think so. I had the Commissioner of Conservation over here today, and the Director of Waters and Drainage. I am going to give it this last shot - if nothing happens, I am going to forget about it: On the north side of the dam we should cit big willows down and drop them in; I saw whole trees going to the dump, and nobody can tell me that trees aren't good fill if they're covered by water: I think it's a shame that even one load of fill gets away from us. I know all about the trouble that it has been sinking, but it's no reason for one load to go any place but out to Mcxusick Lake: We have 8,500 people in this town; not all of them are for this project, but you are fixing Lily Lake Beach and I think you should fix this. Raise it up high enough to get the lake even with the road. We have lost the lake this year: forget about it this year, but we have to be reedy for the runoff in the spring: I have got money in that dam, and the City got stuck because it was never engineer- ed properly. Our house of cards will fall down on us if that lake is let go: Don't think we don't have to save water here! If we believe what we say we believe - that we love kids - that's a perfect spot for the kids to go out and fish and swim. We cannot let this go any longer:: It's going to cost a little money, but every load of fill should go out there. I think we should start tomorrow. I am asking you to complete the dam now: And I am asking you for all of the debris that you can get out there, now: We need your help - now is the time to go out and do this; don't even wait until the next meeting: Mayor Charlsen: Ron, don't you have an engineering layout establishing depth of fill? The State had given us the original engineering surveys on the dam. City Engineer: They went to a maximum of fifteen feet; they only went down as far as the muck. Mayor Charlsen: If I remember correctly, the City and County hired Moelter to build that dam; we got to $13,000.00 and you wouldn't know that a dam had even been started there: You are talking about another $15,000 or $20,000. • • n • (June 24, 1964-continued) 435 Mt. Granquist: This has got to be done, gentlemen, and it isn't going to cost anywhere near what you think it's going to cost. I think this is an emergency - not for me - I think this is an emergency for the town: Mr. Harold Hohlt: Do you think something can be done? Mayor Charlsen: I don't know where you will get the money to do all this. Councilman Iverson: Actually, what they are now after is to have all of the debris from the buildings dumped out there instead of at Lily Lake. Is there any reason why we can't dump it there instead of at Lily? City Engineer: We would have to amend the specifications. Mayor Charlsen; I don't think that would have anything to do with it. Councilman Iverson: Can you direct the dumping of this debris out there? City Engineer: Sure, but if you are going to work on the dam, let's work on the dam: 1tis idea of working for two days out there and then going onto something else, and then back tc the dam, isn't going to accomplish anything. Councilman P-,. a11: I move that the engineer be instructed to proceed with the supervision of the dumping of debris from the buildings that are going to be deMolished for parking lots, and that the necessary steps be taken to expedite the building of the dam. Councilman Iverson seconded the motion. Mt. Granquist: You have taken a big step forward for the City of Stillwater. Mayor Charlsen: When the people start jumping down our throats, and we have to spend another $15,000.00 or $20,000.00 on this, will you back us up? Mt. Granquiat: I will be happy to go on the air and express my feelings on this. Absolutely: Thank you gentlemen, you have been kind, Mr. Robert Thompson Thompson's Hardware I would like to represent the downtown businessmen. We have a slight problem. On Friday evenings there is a traffic congestion downtown. You do have acouple F" patrolmen on duty, but the suggestion has been made that in order to keep traffic W moving, an officer should be placed on the corner of Main and Chestnut, and one on the corner of Main and Myrtle. I know there is an auxilary policeman downtown, and if the police chief was here I would commend him on his men directing traffic by the corner where the building is being torn down - they have been doing a tremendous job - but if you try to get through on Myrtle and Main on a Priday night, it's difficult. If you had a patrolman directing traffic for an hour or hour and a half, it would relieve this congestion. Councilman Powell: I don't know how it's going to help; most of the congestion is caused by people looking for parking places, Councilman Simonet: Refer it to the Chief of Police and see what he can come up with. Mayor Charlson: I will present this to the Police Chief tomorrow. On motion of Councilman Simonet, seconded by Councilman Molds, the Mayor's re- appointment of Richard N. Olsen to the Board of Water Commissioners, as of „rely 1, 1964, was confirmed. • • 436 COMMUTER REPORTS Councilman Iverson: The Jaycees have £ olunteered eredeto build di will opt e nnic tables for: Pioneer Park, but they can't pay $5OG.00 for each table. and fifteen tables would cost about $450.00. Mayyor Charlsen: Do you have enough money in the park fund? Coumncilman Iverson: yes. cevr'cilman Powell: I move the Councilman in charge be instructed to act as he.sees fit. Thee motion was seconded by Councilman Simonet. Co.ancilman Ivflson: We have finally completed the legal aspects on the purchase of! the tract1land at Lily Laka. The survey is completed and the legal descrip- tiion is ready. Originally, we thought we could acquire this the same way as piioneer Park, but we find that private money would cost us at least 6% interest. I asked mt. Chester Wilson to give me some information, and we thought it might bee a better idea to finance this ourselves. we have $1,000 in the Real Property Found and I made the suggestion that we borrow the rest of the mieybfrfrom$th000 e Sewer Revenue Fund: we could set this up for nine years and pay each year at Say% interest. or whatever the rate of interest the invested money is earning at the time. we would then levy each year. If the Council feels ti at they want to go along with it, I would make the motion that we buy this property by borrowing $9,000. from the Sewer Revenue euF nd, and property. direct the City Atitorney to draw up all of the necessary papers Tide Councilmen had no objections to this method of purchase. C immcilman Iverson: The City Attorney, then, is directed to take care of the leegal end of it, and the City Clerk will take care of the finances. Ciity Clerk: we need a resolution authorizing purchase of land and the method oft payment. Macyor Charlsen: What did you find out about the Brown's Creek property? cbancilman Iverson: I talked to Mr. Amundson, but it was pretty hard for him t.:o pin down just how much property he has there. The State owns part of the property along the highway, and the railroad owns part of it. He said he has ampproximately twenty-five acres which we could discuss. He said he hasn't made any Committments one way or the other and he is going to get more information and I will discuss it with him again. Councilman uolde: For many years people have been tuusing rStapStaples e overFldo homes and was have the same problem every year - people seem sin the area to use their outside faucets to get water. It is requested that scone kind of faucet be installed on the hydrant. I was in the Engineer's office sand he suggested that we run water right into the park. I asked Harold Foster oof the Water Department and he said it would cost about $100.00 to do this. so :I took it upon myself to tell him to go ahead and put this water in. If it's :alright, I will tell him to continue on his way. We do have the money in the !Recreation Fund. Mayor Charlsen: As long as you have the money, I don't see any objections. 'Councilman Simonet: :I was to have met with the planning Commission last night to discuss the Rivard :property for a dump site, but their meeting was postponed. I can only tell you • e e r-N 4:1 e • �- that Mr. Rivard is listing the property at $24,900 and he hopes to sell it as one parcel. The Planning Commission is going to meet on Tuesday, the 30th of June. Savor Charlsen: At a special Council meeting held on the 19th, the City Attorney was directed to write to the Attorney General's office and ask him some questions regarding the position of City Attorney. The City Clerk then read the minutes of the meeting in question, and also read the letter which was subsequently written to the Attorney General's office by Mr. Kalinoff: which letter set forth the following three questions: 1. "Is an attorney. who is a shareholder and director of a State Bank in the City of Stillwater, elegible to be appointed City Attorney when the City of Stillwater uses said bank as a depository?..." 2. "Is an attorney, who is a partner in a law firm that regularly performs legal services for the Northern States Power Company and Northwestern Bell Telephone Company, both of whoa operate under a public Franchise from the City of Stillwater, elegible to be appointed City Attorney?" 3. "Is an attorney. who is Township and Village Attorney for neighbor- ing Towns and Villages, elegible for appointment as City Attorney?" Mayor Charlsen: Who asked that second question? City Attorney: I asked that question .simply because I was told -to ask the. questions applicable. It was my idea to advise the Attorney General of the situation that you wanted an opinion on. Mayor Charlsen: What are you insinuating? City Attorney: I am insinuating that the firm of Neumeier, Rheinberger, Rckberg and Kimmel have been legal counsel for those utilities for the past ten years. Mayor Charlsen: The Council requested these questions, but when the letter was written it included a question that didn't refer to the request of the Council: City.. Attorney: Do you feel you can ignore the Charter of the City of Stillwater? Councilman Simonet: That is what you were asking them about. Mayor Charlsen: I would say that the Attorney General's office would construe that question to mean that they are on a retainer. City Attorney: They are getting paid fees: Mayor Charlsen: This has nothing to do with the questions which were asked. Councilman Iverson: 1 think it has.. Mayor Charlsen: i want you to know that the instructions of the Council were not followed; Councilman Iverson: Before we go on, I think they were followed: he just made them more explicit. Councilman Powell: Did you put this question in yourself. or were you instructed to do so by some councilman? City Attorney: Do you want a City Attorney who interprets the law the way the Council wants it, or do you want a City Attorney who will point out these things to you?: Mayor Charlsen: We want a City Attorney who points these things out... Councilman Powell: You didn't answer my question. • • D G (Junee 24, 1964-continued) • ! 4 J O • Ni City Attorney: During the course of time, I did have occasion to discuss this with Eddie Simonet and Tiny Iverson, but I don't recall if it was before or after I wrote the letter. Councilman Powell: It was my understanding that we were all aware of this because we read the Charter at the meeting. Councilman Iverson: All of these things were discussed specifically at the meeting. Mayor Charlsen: But it did not appear in the minutes: NEW BUSINESS Chief Lawson: The house at 822 West Laurel Street was bought by Mr. Westphal; he wants the house burned down, and I said we would do so if he could get approval of the surrounding neighbors. which he has done with the exception of one - Mrs. Johnson who lives next door. She is willing, but more or less wants a guarantee that there will be no smoke damage, etc. I have talked to the city Attorney about this. and our insurance covers such things as negligence. but I don't know if this would apply here. Councilman Nolde: what is your recommendation? Chief Lawson: If we are going to run into trouble, I don't think we should burn it down at all. I just brought it up so you would be aware of what was going on. Councilman Nolde: I move we follow the recommendation of the Chief in regard to the home on Laurel Street. Councilman Iverson seconded the motion. Mayor Charlsen: we will just forget about it then. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the Payment of Bills. 2. Authorizing Purchase of Land for Park, Playground and Recreational Purposes. (Lily Lake property - Benson) ADJOURNMENT On motion of Councilman Iverson, seconded by Councilman Nolde, the meeting adjourned at 10:09 P. M. Attest: e�)/ LAS-tA City clerk � Mayor • 439 • • _ Council Chamber Stillwater, Minnesota July 7, 1964 4:30 P. M. Regular Meeting The meeting was called to order by President Charlsen. Opening prayer by the City Clerk. Present: Councilmen Iverson. Nolde. Powell, and President Charlsen. Absent: Councilman Simonet. On motion of Councilman Nolde, seconded by Councilman Powell, minutes of the following meetingswere approved, subject to corrections as listed below: Regular Meeting Special Meeting Regular Adjourned Meeting June 9, 1964 June 17, 1964 June 24, 1964 4:30 P. M. 4:30 P. M. 7:30 P. M. (Minutes of June 17th meeting stated that Councilman Simonet 'would' contact Mr. Philip Eastwood over the weekend regarding the position of City Attorney; correction: 'had' contacted Mr. Eastwood). (Minutes of June 24th meeting stated that cost to city for picnic tables made by Jaycees would be $30.00 per table, or $450.00 for fifteen tables; correction: cost would be $30.00 per table 'if' the City were to buy the tables from another source. Through the Jaycees, the tables will be much less expensive as cost to City will be for materials only). APPLICATIONS On motion of Councilman Powell, seconded by Councilman Iverson, an Off Sale 3.2 Beer License was granted to John Hooley, d/b/a Hooley's Super Markets, 902 South Fourth Street, on the second reading of the application. COMMUNICATIONS From the Railroad 6 Warehouse Commission, announcing date for hearing in the matter of the petition of the Northern Pacific Railway Company for authority to abandon and remove a spur track, 562 feet in length. within the station grounds at Stillwater. (Hearing date: June 30, 1964, at 9:30 o'clock; Commission Office, 400 SE State Office Building, St. Paul, Minnesota). Copy of a letter from F. P. Bradford, Trust Officer, First National Bank of Stillwater, addressed to the State Fire Marshall, in regard to the estate of Fredrick Stenzel; property commonly known as 408 West St. Croix Avenue, Stillwater. Minnesota. Mr. Bradford informed the Fire Marshall that the above property was abandoned as ordered by Judge John T. McDonough on June 11, 1964. councilman Nolde suggested that the letter be referred to the Building Inspector. IE • • • • • �440 (July 1, 1964-continued) • • .Copy of a letter from F. P. Bradford, Trust Officer, First National Bank of Stillwater, addressed tc the State Fire Marshall, in regard to the estat4 of Frances Wilmes; property commonly known as 310 North Willow Street, Stillwater, Minnesota. Mr. Bradford informed the Fire Marshall that the above property was abandoned as ordered by Judge John T. McDonough on June 1, 1964. I'he above letter was referred to the Building Inspector. From Vacil D. Kalinoff, tendering his resignation as City Attorney, effective June 30. 1964. From the Railroad & Warehouse Commission in the matter of the petition of the Chicago & Northwestern Railway Company for authority to revise, adjust and re- arrange agency service at certain central and associate stations in Minnesota. The Clerk reported that the Commission held three hearings on this matter. and were given the authority to adjust agency service as requested. From Captains John Zoller and Louis Garavalia of the Stillwater Fire Department, recommending that the Council suggest, "a suitable salary schedule whereby the Fire Department will be justly compensated according to the hours worked". Councilman Iverson: Shouldn't this be brought in by the Fire Chief as head of the department? Louis Garavalia: The Chief has read the letter, and the reason heoddidn't e fsisign it or bring it in himself is because we were appointedspokesmen e department several years ago. Councilman Powell: In order to bring the councilmen up to date, I would like to tell them what has happened as far as I was concerned with the fire department. The day after the police department received their cut of officer Riley's salary, the fire department wanted to see me and said they wanted the same thing. I told them that there was no money available and that the police did not receive an increase in salary, but were covering for another man. They said they didn't care, they should have the same. I stated that, as far as I was concerned, there would be no increase, but it would be up to the Council. I discussed this with the Mayor and then called John Zoller and told him I would go to the Underwriters Bureau and ask them what might be done. I explained to the Fire Department that it was not in my mind to change the class of the fire department or change to a volunteer fire department, but if they wanted one man fired, or one man would quit, we would entertain the same program as the police department for the fire depart- ment, if they could work out a suitable schedule that would not impair our rating. Councilman Nolde: I don't think we should leave it up to anyone; this is an entirely different problem than we had in the police department. Leave it where it is until a man would quit in the fire department. Councilman Powell: That is my feeling exactly; however, if you stop and study the situation, you would find that you come up against a stone wall. Louis Garavalia: You don't understand the full operation of the Fire Department. What you did to us was discrimination: The hours that we put in compared to the hours that they (police) put in are so much -above theirs. We always felt that we worked many hours over and above the police. It doesn't seem right: Councilman Powell: We didn't raise the schedule. Louis Garavalia: We are being penalized! Mayor Charlsen: Gentlemen: You have heard the correspondence; there is no way we can do anything about it: • • • • • (July 7, 1964-continued) n 4..t • • Councilma.: Powell: I move that this be tabled until our next budget discussion, which would be the beginning of the year. Councilman Iverson seconded the motion; the vote was as follows: Aye: 5 No: None COMMITTE: REPORTS Councilman Powell: I have to report that nothing has happened on the truck for the tanker; it seems that fireman Doerr is on vacation, and they haven't been able to see about a truck as yet. I talked to the Fire Chief on the phone this afternoon, and he asked about a salary increase for firemen Schrade and Myers. He is recommending that they be increased to $400.00 per month, effective May 1, 1964, as they should have re- ceived an increase before, but we held off because of the discussion on the volunteer fire department. (See Resolution). Councilman Iverson: I have nothing to report. Councilman Nolde: Last weekend we had a few problems at Lily Lake. We had to spend some money as the septic tank plugged up. We are running into a very serious problem at Lily Lake. Many mothers bring children out there and drop them off and then go someplace else, telling them that they will return at a certain time; often they are late in coming back, and when they do, the child is gone. Right away they think the child is under the water and we have to clear the lake, etc., then we find that the child has gone hone or something. I think we should try to control this. If a child is under ten they shouldn't be allowed to go in the water without someone to supervise them. Councilman Iverson: Couldn't we set up some kind of control? I have heard more comments about this: City Clerk: Give this to the Recreation Committee and let them adopt some rules and regulations. I believe they have authority to do so - they can get the Council off the hook so to speak. Councilman Nolde: We all know that Lily Lake is quite small: if we had a way to send some people over to the Legion Beach, we could solve some of our problems. Councilman Iverson: I move this be turned over to the Recreation Committee to set up regulations, and also set up some traffic rules. They can report back to the Council. The motion was seconded by councilman Powell. Mayor Charisen: I noticed that the Stillwater Auxiliary Police were at Forest Lake last weekend for their parade, and at Thompson Grove on the Fourth of July and they did a very good ion helping. Councilman Powell; I was at Square Lake Sunday and saw Stillwater Auxiliary Police out there; do they get paid for that? • • �/ • • e 44 (Ju::l? 7. 1964-continued) • • Mayor Charlsen: Sheriff Granquist called and requested that they be there, but I don't feel that the Auxiliary Police should be wearing their Stillwater police shirts out there. If our men are hurt in the line of duty, they are insured by the City of Stillwater. Councilman Nolde: But, they are going to be paid by Washington County; just change the badge to read, 'Washington County'. On motion of Councilman Powell, seconded by Councilman Nolde, the meeting adjourned to 7:30 P. M. This portion of the meeting closed at 5:15 P. M. 7:30 P. M. - Meeting Reconvened Councilman Simonet now present. COMMITTEE REPORTS (continued) Councilman Simonet: On the property across from the hospital, Mrs. Lovejoy asked for a no -parking sign on the north side of the street. Ron said it was o.k. with him; and also Chief Sanders. Jack Shelton: I think it's alright. Everyone is working on the dam, but as soon as we get back, we will put up the stop sign. Chief Sanders: We will take care of it. Councilman Simonet: what about the 1958 truck owned by Doerr? Jack Shelton: I checked into the truck; it seems in good mechanical shape and everything. Councilman Simonet: Didn't you come up with this because the aerial ladder wouldn't fit on the truck you have now? Jack Shelton: That's right, but it would fit on this truck. I think it's worth the money. Councilman Simonet: There is nothing urgent about this, is there? It can wait until Ron comes back? Jack Shelton: Yes. Councilman Simonet: Frank Mintz should be getting compensation for working at the dam site. Do you need a resolution on that, Les? City Clerk: If Ron includes him on the payroll, no; otherwise, you would need a resolution. Councilman Simonet: Jack, do whatever you can on it. The other items I have to report I will let go because Ron isn't here tonight. PETITIONS The following petition, with 139 signatures, was presented at this time by Mr. Bernard Kopp: "We the undersigned very strongly oppose the present site of our City Dump. located on Myrtle Street about two blocks from our City Limits, due to the smoke, odor, flying debris, and unsanitary conditions. We do hereby sign our • • • a (July 7, 1964-continued) e 443 names to have it moved away from the present location, end moved at least one mile from our city limits, within six months time". Mayor Charlsen: We will have a discussion on this later in the meeting. DELEGATIONS OR INDIVIDUALS None UNFINISHED BUSINESS The City Engineer was to have reported his findings regarding the bids for a tar kettle and a vibrating roller, which were opened and read on July 24, 1964; however, he was not present at this meeting due to unforseen circumstances, and the matter was carried over to the next meeting of the Council. Jack Shelton: To date we have widened M&Musick Lake Dam and we are 150 feet short of completing the first pass. We have put in over 2,000 yards of fill and 100 cubic yards of trash. We have a 20 to 26 foot top on it now. Councilman Powell: How much more time will it take to finish? Jack Shelton: Most of the fill has come from across the road; we need another 2,884 yards of fill so it will probably take about nine acre days to bring it up to level; also, we will need a few more days to build a spillway. Fire Chief Lawson was to have reported on bids for fire hose; but he was not present at this time. NEW BUSINESS Mr. Roderick Lawson appeared before the Council as attorney for Mr. Leighton Charlsen, who was also present. Mr. Lawson presented an agreement in regard to a sanitary land fill dump, which Mr. Charlsen intends to operate as a private venture, but would also become the new city dump as well. (located north of Fairmeadows). Mr. Lawson: We don't want you to feel that we are trying to rush things at all; this is just a starting agreement to work from. Councilman Iverson: What you want to do now is get the first part clarified and yet the legal aspects taken care of, and get the land annexed? Mayor Charlsen: He is not asking for annexation on this. Councilman Iverson: I mean the technicalities for violations, etc. Mr. Lawson: He needs to know if the City would be interested in a proposition along these lines. He would have to know absolutely in order to protect himself. Mayor Charlsen: I don't see anything in here about protecting the City. What if he doesn't do a good operation? Mr. Leighton Charlsen: Would a performance bond cover that? Mayor Charlsen: Sav you allow papers to blow all over the neighborhood; there is nothing protecting the City - there is no penalty clause or right of revocation. 1Mr. Lawson: Except that he is agreeing to operate it as a sanitary land -fill dump. °Councilman Powell: What would this do to our present new dump ordinance? perhaps wwe could amend that to inrlude the operation of a privately owned dump. • • • (Ju]ly 7, 1964-continued) • Mayor Charlsen: The ordinance at the present time doesn't specifically state that the City will operate the dump. Mr. Lawson: I think it refers to a particular tract of land; you would probably have to have another ordinance. Mayor Charlsen: Where do you get the figure used here? Is it based on the rate of 75C per person per year? Mr. Lawson: It was fixed on what he felt he could operate on with the present situation, coupled with his own use and his own operation. Mayor Charlsen: There is nothing in here about burning. Mr. Lawson: If he got a load that was strictly brush, he would burn that if it is agreeable to you, but if the Council doesn't want it, we wouldn't do it. Councilman Powell: I nove that the Council go on record as approving the plan that has been presented, and that further study and arrangements be con- templated, and that it be referred to the Councilman in charge of the dump and let him handle all of the necessary arrangements. It should go on record that as a council we are tired of being in the dump business. Councilman Iverson seconded the motion. Councilman Powell: Shoed it be decided that the site you have in mind is a bad site, couldn't we arrange with Grant Township to put it on the land we own out there? Mt. Leighton Charlsen: This dump site would be strictly out of site of the road. As time goes on we may have to bring the operation out closer to the road, but it would be screened. Councilman Simonet: You don't care about how the City handles their end of it as far as car stickers? Mr. Leighton Charlsen: This will be a pay dump for commercial haulers - they would have to negotiate with me, but for private Stillwater citizens it would be a free dump. I talked to the tnwn board members of Stillwater Township, and they are very agreeable to this; they think it's a good spot. Mr. Lawson: What this is, is a matter of the Council acting for all of the homeowners of Stillwater to purchase for them in one package the right dump. Leighton Charlsen would deal individually with all other than the Stillwater residents. Councilman Powell: What this amounts to is, nobody who now has Charlsen's pickup service would discontinue with this service, and they could still dump free of charge provided they dump refuse; to dump garbage they would have to Lave your service to do this Councilman Simonet: Mr. Charlsen, let's get together on this and set it up. Councilman Iverson: There isn't any question in my mind that this is a good thing; let's get it on the road and on the move. Mr. Bernard Kopp: Why do you want the dump in the City Limits? Mayor Charlsen: Me bought thirteen acres of land outside the City Limits of Stillwater for a dump site, and for two years we have been fighting to get a permit to use it: Councilman Nolde: The last time you were here, Mr. Kopp, you were complaining about garbage being dumped on the road; this new dump would eliminate that. Councilman Iverson: The matter of the dump is settled: Councilman Powell: Mr. Kopp, what fault can you find with this site for a dump? • • • • ', ...,.. Yr,.y4474i(, • • ISM flago Mr. Kopp; You have lots all around your land -fill dump; don't you think people over there are going to obiect? Councilman Nolde: Don't you think wherever we build a dump we are going to have opposition? Mr. Kopp: Our petition isn't going to do any good - you guys will do what you want: Councilman Powell: I feel that this is the best solution we could ever come up with. I feel this is one way of solving the problem; at least it is a step in the right direction. Mr. Kopp: What do you plan on doing with the present dump? Councilman Simonet: It will be treated so we could use it for something. Councilman Nolde: Maybe Mr. Radle could give us another hill to use for fill; what do you think? Mr. Henry Radle: Maybe we will buy it from you. At this time, Mr. Leighton Charlsen stated that he would be willing to take Mr. Kopp out to the proposed dump site and show him exactly how it is situated; Mt. Kopp agreed to go, and Vince Hammon of the Gazette accompanied them. Mayor Charlsen: Mr. Lawson, before you go, would you be willing to approve the bills for the City, and act as temporary City Attorney? Mr. Lawson: I would be glad to if I 'an help out. (See Resolution). Mt. William Cicero appeared before the Council and asked them to reconsider his request for a special permit to remodel a house into a three-plex. (The permit had previously been referred to the Planning Commission). Building Inspector: I thought the Council had a copy of the minutes of the Planning Commission meeting at which this matter was discussed, but evidently they were not sent out. I called Dick Olsen of the Commission, and he verbally gave me this information. This request had been turned over to the Planning Commission; they tabled the matter and appointed a committee to make a further study, and were to report at the August meeting of the Council, unless you plan to have a special meeting before that time. Mr. Cicero: I made this request in April. At that time, Bielenberg, Bliss, the Building Inspector and I met and talked it over; I then got permits for wiring and plumbing. Building Inspector: Yes, but you had failed to get a building permit, and I told you that you would have to make application to the Council to operate a three-plex in that location, is that correct, Bill? Mr. Cicero: No, I don't think so. This went along about a month, and I wondered why you didn't o.k. the wiring. You said somebody made a complaint and now I would have to get a permit. Councilman Nolde: Chuck, did you give Mr. Bielenberg a permit to do the wiring? Chuck: Yes, but Mr. Cicero was told about the building permit before they started the wiring. Why should I refuse a wiring permit? He was told he should apply for a building permit and I assumed he would do it right away. Mr. Cicero: I never knew you had to have a permit for that. I have a three-plex there; two doors away there is a four-plex which was advertised in the paper for months: I put all new plumbing and new fixtures in. • • • • ^ 4 6 (LTuLy 7, 1964-continued)• Councilman Nolde: He spent good hard dollars fixing up a place - after he spent his money, are we going to tell him that he shouldn't have spent it? Councilman Powell: Chuck, what is your recommendation? Building Inspector: My personal feeling is that Mr. Cicero he.: done a good job in that location. Councilman Powell: Do you think that there is enough extenuating circum- stances? Building inspector: I want you gentlemen to understand that Mr. Cicero was informed that he would need a permit, but I do feel he has made an improvement. Councilman Powell: Do you feel that by the simple fact that you issued a permit for electrical work and plumbing work that he may have construed that to mean it was alright to go ahead? Building Inspector: Personally, I feel that an improvement was made. Councilman Powell: I move that a variance permit be granted to Mr. Cicero. Councilman Nolde seconded the motion. At this point, Mr. Leighton Charlsen, Mr. Kopp and Mr. Hammon returned to the Council Chamber after having looked at the proposed new dump site. Councilman Nolde: Do you have peace of mind now? Mr. Kopp: Yes. Councilman Powell: The Fire Chief was at a fire earlier; that is why he was unable to attend the meeting. He asked me to inform you that if you buy the $1.10 hose, you will have stiff hose and it would not last long; he said he would like to have you buy the $1.85 per foot hose. I told him it was a good possibility that we would probably settle on $1.50 per foot. Could we incorporate into one motion that we reject all bids and have the Fire Chief and the Councilman in charge of the Fire Department buy the hose that they feel is best for the money? Councilman Iverson: I move we reject all bids and have the fire chief and the Councilman in charge of the Fire Department buy the hose that they feel is best. Councilman Powell seconded the motion; all in favor. On motion of Councilman Iverson, seconded by Councilman Powell, the building inspector's report covering activities during the month of June, 1964, was approved. On motion of Councilman Powell, seconded by Councilman Iverson, the following variance permits were granted: to I. A. Bergen, Leonard Evans, Bob Broth - variance in front setback requirements; to Dale Tulgren - variance in side yard requirements; • • • • (July 7, 1964-contipu4� • To Eigel Thompson - variance in front setback and rear yard requirements. On motion of Councilman Powell, seconded by Councilman Nolde, a refund of interest, in the sum of $6.77, was granted to the Texaco Company (Myrtle Street Improvement assessment). Assessment notice was mailed to Carlson Bros. Service Station, and was not forwarded to the Texaco Company to allow payment to be made in full within required 30 days. On motion of Councilman Powell, seconded by Councilman Nolde, the following fire protection contracts were approved: Stillwater lbwnship May Township Grant Township $1,508.36 $1,024.92 $1,786.97 City Clerk: We have had no answer from Oak Park Township as yet. I will call them this week and find out what they intend to do. If it is necessary to dis- continue it, I will take the matter up with you; I wouldn't want to take action on this on my own. City Clerk: The election judges who have served over a period cf time have to be reappointed. The new election laws state that, "It shall be the duty of the Clerk to determine whether or not an election judge has party affiliation". With the Council's approval, I would like to call in the Democratic and Republican chairmen and explain to them what the situation is. Councilman Powell: I think, also, it might be a good idea if you told the judges themselves that they are supposed to be asked. Councilman Iverson: Explain the new law to all of the judges. Mayor Charlsen: Are all of the former judges eligible to be reappointed? City Clerk: There may be one replacement; the remaining judges will suggest some- one who will work with them. On motion of Councilman Powell, seconded by Councilman Iverson, the following were appointed election judges for the primary election to be held on September 8, 1964, and the general election on November 3, 1964: 1st Ward - 1st Precinct 1st Ward - 2nd Precinct Mae Schrade - 1311 South Second Street Otto C. Bieging - 711 South First Street Mrs. Olive Jansen - 806 South Second Street Mrs. Marie Palm - 1305 Fourth Avenue 2nd Ward - 1st Precinct Ethel S. Biorn - 516 W. Myrtle Street Mrs. L. O. Lagerstedt - 121 N. Martha Street Pearl Paulson - 232 N. Martha Street Mrs. G. M. Johnson - 207 N. Martha Street 3rd Ward - 1st Precinct Lena Janilla - 314 W. Hickory Street Leora Zoller - 301 W. Stillwater Avenue Mrs. Minnie Johnson - 321 W. Elm Street Donna Carlson - 416 W. Hickory Street T. M. Darrington - 1342 S. Third Street. Lillian Kutz - 705 S. Holcombe Street. Ella Adkins - 513 S. Fifth Street. Martha Tonskemper - 322 W. Churchill St. 2nd Ward - 2nd Precinct Myrna Wihren - 106 N. Greeley Street. Verna J. Johnson - 1018 W. Myrtle Street. Mae Olson - 111 North Owen Street. Marcella Seekel - 102 Sherburne Street. 3rd Ward - 2nd Precinct Bessie Mitchell - 703 N. Fourth Street. Florence Hall - 113 West Laurel Street. Paula Elness - 626 North Fifth Street. Jeanette Mariana - 1212 W. Linden Street. (See revised list on page 471) • • • a 44R a Mayor Charlsen: Have you found a voting place for the Third Ward yet? City Clerk: I have reason to believe that we can use Washington School again this year. The Council then discussed the matter of placing the following question on the ballot at the coming general election: "Shall the City levy $1,000.00 annually for advertising purposes?" Councilman Iverson: Why does it have to be put on the ballot? City Clerk: The Statutes provide that in order to levy $1,000.00 for advertis- ing purposes, it must be approved by the voters. Councilman Powell: My suggestion is that we get some good publicity on this; it should be in the general election, but it should be played up. On motion of Councilman Powell, seconded by Councilman Nolde, it was decided to refer this matter to the Charter Commission for further action. On motion of Councilman Nolde, seconded by Councilman Iverson, endorsement to insurance policy No.41C 532 302, Bodily Injury Liability and Property Damage covering the following vehicles, was approved: 1964 Ford Dump Truck - SN 4P53C 142634 1964 Chev Dump Truck - SN 4C823P 103672 Vince Hannon: Up until Friday night of last week we didn't have enough money to buy trailers for our float; we have it now, and the Prison will give us a good deal. but they have to bill it through the City and we will then buy them from the City. There is no problem other than the Prison can sell them to no one but the City. Councilman Iverson: Which fund will we put this under? Councilman Powell: How about the Mayor's contingency fund? City Clerk: I will check it out with the public examiners to be sure. On motion of Councilman Iverson, seconded by Councilman Powell, the Clerk was directed to advertise for bids on Comprehensive General Liability and Compen- sation Insurance. Councilman Nolde was opposed to this motion. City Clerk: Mr, waldroff of the St. Joseph Township Board was in my officer he wandered if I would check with councilman Powell on their request that the City Eurnish temporary fire protection for St. Joseph Township on a 'per call' basis. they are forming their own fire department, but do not want to respond to any .ealls until they have a full complement of men and equipment; he said they didn't :care how much you charged them. • • (July 7, 1964-continued) ^ `. • • • Councilman Powell: I would like to suggest that they be billed for one-half of what they were billed last year. If we were to give them temporary service on a call basis we would run into trouble with other townships. Is that agreeable? I move that we enter into a contract with the township of St. Joseph on a six month basis at 50% of last year's fee, effective May 1, 1964. Councilman Nolde seconded the motion. On motion of Councilman Iverson, seconded by Councilman Nolde, the following sewer assessments, on property which was recently acquired by the City of Stillwater, were cancelled: *1-340 Erickson Furniture Store $225.00 *2-410 Fred Pino property $225.00 On motion of Councilman Powell, seconded by Councilman Iverson, the report of the Fire Department activities for the period of January 1, 1964 to June 30, 1964, was accepted. On motion of Councilman Nolde, seconded by Councilman Powell, the following bill was referred to the Water Department for consideration: Paul Norgren - damages to automobile resulting from ditch dug by Water Department. ORDINANCES On motion of Councilman Powell, seconded by Councilman Nolde, the Clerk made the second reading of an ordinance entitled. "An Ordinance Fbr Safeguarding Persons and Property and Promoting the welfare of the Public; Creating the Office of Electrical Inspector and Prescirbing his Duties, Rights and Authority; Establishing Standards for Electrical Equipment and its Installation. and Requiring Conformity Therewith; Making it Unlawful to Undertake the Installation of Electrical Equipment Without a Permit Therefor, Except as Otherwise Provided; Establishing License and Permit Fees; Providing Penalties for the Violation of this Ordinance and Repealing All Ordinances and Parts of Ordinances in Conflict with this Ordinance". The Ordinance was read Section by Section, followed by roll call after each Section, and all members of the Council voted in the affirmative. The Mayor then put the question, "Shall this Ordinance pass?", followed by roll call. The Ordinance was unanimously adopted. On motion of Councilman Simonet, seconded by Councilman Nolde, the Clerk made the second reading of an ordinance entitled, "An Ordinance Annexing Certain Land to the City of Stillwater". (Nick Nelson) The Ordinance was read Section by section, followed by roll call after each Section. and all members of the Council voted in the affirmative. The Mayor then put the question, "Shall this Ordinance pass?", followed by roll call. The Ordinance was unanimously adopted. (the second reading of this ordinance was held on June 24, 1964; however, due to unforseen circumstances it was not published within the required ten days, making it necessary to repass same). • • • ^ (. 50 cu1y 7, 1964-continued) At the suggestion of the Building Inspector, the first reading of amendments to the Building Ordinance was carried over to the next regular meeting of the Council. RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the Payment of Bills. 2. Authorizing Payment for Filing of Annexation Ordinance #391 (Nick Nelson). 3. Authorizing Payment on Voting Machines. 4. Amending Resolution No. 2654 Adjusting Compensation of Police Personnel. 5. Confirming Stillwater Civil Defense Emergency Plan and Its Operation. 6. Adjusting Compensation of Firemen (Schrade and Myers). 7. Appointing Acting City Attorney (Roderick A. Lawson). ADJOummmarr On motion of Councilman Powell, seconded by Councilman Iverson, the meeting adjourned at 11:00 P. M. Attest:LLIuTS-1/4MLN,/ City Clerk r7'-.,._ Mayor 7- 1 e e e • Council Chamber Stillwater, Minnesota Special Meeting July 15, 1964 3:00 P. M. The meeting was called to order by President Charlsen. Present: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. Absent: None This meeting was called for the purpose of discussing and acting upon various miscellaneous items. City Clerk: As you know, the Jaycees wanted to purchase two farm wagons from the Prison for transporting the City float, and have it billed through the City. I contacted the public examiner by telephone as I was told to do at the regular meeting of the Council on July 7th, and I explained to him what the proposition -was. He said there could be a lot of trouble which would involve the Prison, the City and everyone involved, so, why doesn't the City purchase them outright and Let the Jaycees use them. The examiner said that if the Jaycees wanted to, they could sake a contribution to the City for the use of them. We do have a statement from the Prison, but we are asking them to rebill us. The Prison Industries cannot Bell this equipment to any private facility, but they can sell to a munici- pality. (See Resolution). .City Clerk: Another item is the matter of entering into an agreement with Leighton Charlsen for a dump to be used by citizens of Stillwater. :Councilman Simonet: First of all, Leighton cane up with one change; it was .suggested that the 750 per capita on increase of population be taken out of the •agreement, and I suggested to him that he come before us for an increase, and we •would be very considerate of any increase he would want. But, he and Rod Lawson .decided they had better put the 750 back in there - that is the way they want it. City Clerk: We would need a resolution to enter into this agreement. Councilman Simonet: What about the car stickers? I don't know how we are going -to handle that. :mayor Charlsen: He (Leighton Charlsen) is the one who should take care of it. :Councilman Powell: Isn't there some way we could change the agreement to read that the party of the second part (Leighton Charlsen) be responsible for furnishing stickers instead of the party of the first part (City of Stillwater). At this point, the City Clerk contacted Mr. Charlsen by telephone and explained -that the Council felt it should be his responsibility to provide car stickers for . Sump users. The Clerk stated that this was agreeable to Mr. Charlsen, and the •Clerk was then instructed to change the agreement accordingly. • The vote on the resolution to enter into an agreement with Leighton Charlsen was :as follows: Councilman Iverson: Yes Councilman Nolde: Yts councilman Powell: Yes Councilman Simonet: Yes Mayor Charlsen: Refrained from voting Cfouncilman Iverson: I think that the letter Mr. Kopp wrote to the Gazette about tete dump should be reworded; he made it appear that his petition with 139 signatures mm it was what brought all of this abort. There was nothing in there about all of 451 e • • • ^ 5 9 (Judy 15, 1964-continued) • • the years the Council, the Planning Commission and the Engineer and everybody has worked to bring this about. I think someone should write a letter and clarify that. Mayor Charlsen: That could all be clarified in a press rel City Clerk: I have another item to report to you. Councilman Nolde has made a deal with the Board of water Commissioners to run water into Staples Field free of charge in exchange for a few loads of fill, to be dumped in pot holes on the east end of McKissick Lake. (property owned by Water Department). Originally they were going to charge us about $100.00 ro run the water in there. City Clerk: It has been suggested that this matter be brought to the Council's attention. In the City Assessor's office, the temperature has been about 92 degrees the past few days, and Councilman Nolde suggests that, in view of the Assessor's health, an air conditioner should be installed over there, at a cost of about $199.00. Mayor Charlsen: I have no objections to it. Councilman Iverson: If you have the money, go ahead. Councilman Powell: I move we purchase an air conditioner for the City Assessor's office. The motion was seconded by Councilman Iverson. City Clerk: Councilman Iverson has suggested that it would probably be advisable at this time to advertise for the purchase and removal of, or wrecking of, the old parsonage owned by the City on Pourth Street. Mayor Charlsen: What about the old church? Councilman Iverson: I wanted to tear that down, too, but Councilman Nolde said no because the Salvation Army needs a place to operate from. I will make the motion that we advertise for bids for the purchase and removal of, or the wrecking of. the property owned by the City at 107 North Fourth Street. Bids to be returnable on August 11, 1964 at 4:30 P. M. The motion was seconded by Councilman Nolde. Councilman Powell: The Fire Chief informs me that they have found a truck they could buy (to haul tanker) for $3,000. without the trade. He stated that this is probably impossible to do because it is over $1,000 and we would have to advertise for bids. I will tell him to get specifications ready if it is o.k. with the rest of the Council members that he advertise for bids. On motion of Councilman Powell, seconded by Councilman Iverson. the Clerk was directed to advertise for bids on a truck to haul the fire department tanker: bids to be returnable on August 11, 1964 at 4:30 P. M. Mayor Charlsen: We have thirteen acres of land to dispose of. (Grant Township property previously purchased by the City for dump grounds). Do you want to put this property up for sale or what? I can see no reason for keeping it. • • • • . (July 15, 1964-continued) 45.�s 3 Councilman Powell: Put it up for sale with the right to reject any and all bids. Mayor Charlsen: We can just say no bids will be accepted for less than $3,500, which is what we have in it. Councilman Nolde: I think after you advertise for bids you will be lucky to get out of it what you put in it: City Clerk: I don't recall if it's necessary for a municipality to get an appraisal on land before we can sell it. councilman Simonet: It seems to me that when the County put their land up for sale it was my understanding that there was no appraisal on that - they just called for bids on it. I am not sure, though. Councilman Nolde: What do you feel about putting in a price? Councilman Simonet: I don't think we should. City Clerks It seems to me that Andy Madsen said at one time that somebody in the area is interested and would buy that from the City for at least what we put into it. Councilman Powell: Gamble on the price. Councilman Iverson: We can always reject it. Mayor Charlsen: Ron will be back Sunday: we can check with him as to how many acreas there is. City Clerks I think it might be wise to put in the description instead of the number of acres. Councilman Nolde: I move that we direct the/Clerk to advertise for bids for the male otthe City owned property in Grant Township. Bids to be returnable on August 11, 1964, at 4:30 P. M. Councilman Powell seconded the motion. RESOLUTIONS The following resolutions were, on roll call, adopted: 1. Resolution Authorising Purchase of Trailers from the Prison Industries, Stillwater,Minnesota. 2. Resolution Entering into Agreement with Leighton Charlsen, d/b/a Charlsen Trucking Service. ADJOURNMENT On motion of Councilman Powell, seconded by councilman Simonet, the meeting adjourned at 4:07 P. M. Attest: Mayor • s • 454 • • Council Chamber Stillwater, Minnesota Special Meeting July 27, 1964 4:30 P. M. The meeting was called to order by President Charlsen. ?resent: Councilmen Iverson, Nolde, Powell, Simonet and President Charlsen. Absent: None Mayor Charlsen: This meeting was called to discuss the subject of releasing an option which we hold on two acres of land on the Skooglun property, so that the Northern States Power Company can get a clear title to all of the Skooglun property. We met with engineers from N. S. P.; we looked over t e property we have now, and Banister (Banister Engineering) agrees that we have almost enough land now for a secondary treatment if we would need it, but just to be sure, N. S. P. stated that if we released our option on that two acres, they will give us an option to buy two acres of land on the north end of their property. So, if we need any more land for secondary treatment it will be available. City Engineer: Actually, all we are doing is exchanging property. Councilman Nolde: I move we release our option on the Skooglun property so N. S. P. will be able to exercise their option. Councilman Iverson seconded the motion. Mayor Charlsen: I think we should release it with the understanding that N. S. P. will give us an option on two acres of their land. The vote on the motion was as follows: Councilman Iverson: Yes. Councilman Nolde: Yes. Councilman Powell: Yes. Councilman Simonet: Yes. Mayor Charlsen: Yes. Mayor Charlsen: Northern States Power is interested in buying the old railroad right-of-way, from the sewage disposal plant to the old Mill Road; this is something that is going to come up later. They haven't given us any figures as yet. City Clerk: We had a call from Mrs. Evelyn Kerr; she inquired if election judges were split 50/50 as far as party affiliation. The law now requires that there be two democrats and two republicans at each precinct. I mailed the list of judges to her, but explained that there was nothing in the law that says the Republican Party Chairman can name election judges. This question may come up; how shall we act on it? Councilman Iverson: we have already acted on that. (Judges appointed at July 7th meeting of the Council. Councilman Nolde: Leave it the way it is. RESOLUTIONS The following resolution was read and was on roll call unanimously adopted: 1. Releasing Option. (Skooglun property - Oak Park Heights). • • (July 27, 1964-continued) • 455 • Li. ADJOURNMENT On motion of Councilman Powell, seconded by Councilman Nolde, the meeting adjourned at 501 P. M. Attest: Mayor • • 456 Council Chamber Stillwater, Minnesota Regular Meeting August 11, 1964 4:30 P. M. The meeting was called to order by President Charlsen. Opening prayer by the City Clerk. Present: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. Absent: None. On motion of Councilman Powell, seconded by Councilman Nolde, minutes of the following meetings were approved: Regular Meeting Special Meeting July 7, 1964 4:30 P. M. July 15.1964 3:00 P. M. 7711FINISHED BUSINESS (out of order) •This was the day and time set to open bids on a used truck for use in the :Stillwater Fire Department. !Me Clerk read the notice for bids aloud; the Mayor inquired if the notice for Ib1de was published, and the Clerk informed the Council that the notice for bids Was published in the Stillwater Evening Gazette, official newspaper of the City, awn July 22, 1964 and July 29, 1964. EThe Clerk reported that only one bid had been received. oon motion of Councilman Nolde, seconded by Councilman Iverson, the Clerk was *directed to open and read the following bid: 1. Bahia Motor & Implement, Inc. Hastings, Minnesota 1959 International Truck Cost of Removing Tank from Old Chassis Less Trade -In Allowance $3,100.00 60.00 550.00 Total Bids $2.490.00 Delivery: On or before August 20, 1964. Odouncilman Powell: My figures show the total bid would be $2,610.00. La. 1961 International Truck Cost of Removing Tank from Old Chassis Less Trade in Allowance $4,500.00 60.00 550.00 Total Bid: $3.890.00 Councilman Nolde: I move we turn this bid over to the fire chief and the Councilman in charge of the fire department to make a recommendation to the council at a later time. Councilman Simonet seconded the motion. (August 11, 1964-continued .\'d 457 This was the day and time set to open bids for the purchase of land owned by the City of Stillwater. The Clerk read the notice for bids aloud; the Mayor inquired if the notice for bids was published. and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, om July 22, 1964 and July 29, 1964. The Clerk reported that only one bid had been received. No objections were voiced regarding the opening of the bid; the Clerk was then directed to open and read the following bid aloud: 1. R. W. Nicholson, Jr. Route #3, Stillwater, Minnesota Purchase land from Cit for: 61,535.00 Councilman Powell: I move the bid be rejected. Councilman Iverson seconded the motion. Mr. Nicholson: I don't know how many of you are aware of that particular site; it is a dump site - just a hole in the ground. The main reason I was interested in buying it is because it does join my property and it would have utilization value to me because I raise horses. .Mayor Charlsen: We can't very well let it go for that price; it would be cheaper for us to hold it for awhile. We have $3,500.00 in there and want to try to get that much out of it. We will see what can be done about it and if we can't get .any more for it we will let you know. !This was the day and time set to open bids for the purchase and removal of, or +the demolishing of, a City owned building at 107 North Fourth Street, Stillwater. 'The Clerk read the notice for bids aloud; the Mayor inquired if the notice for 'bids was published, and the Clerk informed the Council that the notice for bids wras published in the Stillwater Evening Gazette, official newspaper of the City. out July 22, 1964 and July 29, 1964. IThe following bids were then opened and read aloud: 1. Welter Construction Company Stillwater, Minnesota TO demolish building to ground level: $ 900.00 Start Work: August 17, 1964 2. Junker Landscaping Stillwater, Minnesota To demolish building to ground level: $ 595.00 Start Work: August 24. 1964 Finish Work: September 8, 1964 3. Griffin Wrecking Service Moorhead, Minnesota The Clerk reported that no bid bond. cashier's check or cash deposit accompanied this bid. Councilman Iverson moved that the bid be read; Councilman Simonet sseconded the motion. Griffin wrecking Service Moorhead, Minnesota To demolish building to ground level: $1,500.00 458 • (August 11, 1964-continued) councilman Simonet: I move we accept the low bid of Junker Landscaping for $595.00. Councilman Iverson seconded the motion. This was the day and time set to open bids on insurance coverage for the City of Stillwater. (Workmen's Compensation, Employer's Liability, Compre-. hensive General Liability and Automobile Bodily Injury and Property Damage Liability Insurance). The Clerk read the notice for bids aloud; the Mayor inquired if the notice for bids was published, and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on August 3, 1964 and August 10, 1964. The following bids were then opened and read aloud: 1. R. W. McGarry & Son Agency Insurance written in: Agricultural Stillwater, Minnesota Insurance Company of New York. Workmen's Compensation -Employer's Liability Total Base Cost: $4,436.46 Experience Modification 1.09 Total Estimated Cost 4,835.74 Leas Guaranteed Discount 326.94 Guaranteed Bid: $4,508.80 2. Krog Agency, Inc. Insurance written in: Hartford Stillwater, Minnesota Accident & Indemnity Company Comprehensive General Liability and Automobile Bodily Iniury and Property Damage Liability Guaranteed General Bid: Guaranteed Automobile Bid: Total Policy Bid: $6,568.00 1.150.00 $7,718.00 Councilman Nolde: I move we accept the bid of the Krog Agency for Comprehensive General Liability insurance, and accept the bid of the McGarry Agency for Workmen's Compensation insurance. The motion was seconded by Councilman Simonet. COMMUNICATIONS (out of order) From Robert McGarry, Fairmeadows, Stillwater, stating that a hazardous con- dition would arise later this summer when children attending the new Lily Lake School would have to cross Olive Street to get to the school. (No shoulders on road - blind approach). Mr. Robert McGarry: A flashing red light would be effective here. City Engineer: Any flashing light you would establish would have to be put in by the County. Sig,.s would be just as effective. e (August 11, 1964-contin �Ji}},, • �y a °Councilman Iverson: In spite of the fact that they scatter those signs along tthe road, drivers hit that bump at fifty and sixty miles an hour: you come in sand don't see that Oak Ridge Road crossing until you are right there: °City Engineer: The superintendent of schools called me today and asked about tthis. They have contacted the County Engineer and they will put signs up on tthe road. but I still think we should have a crosswalk there too. asayor Charlsen: What is the estimated cost of a manually operated blinker? vvhy don't you cone back tonight, Mr. McGarry. and Ron can get an idea of what a manually operated light would cost. /Mayor Charlsen: Mr. I. A. Bergen would like to acquaint the Council with his new plat; you are all acquainted with Mr. Bergen's property. He would like to vacate that part of Willow Street east of the railroad tracks. ter. 1. A. Bergen: I also have a new plat of the whole area for your approval. 33 would like to put in a forty foot street there if we can; it would be a one - way street. CCity Engineer: If it is one-way it would be all right. but it may be in conflict with the subdivision control ordinance. Mayor Charlsen: Do you have any objections to this forty foot street? And to the plat? Crouncilman Simonet: I don't. Councilman Powell: I am of the opinion that it should follow pretty closely tto the subdivision ordinance. Councilman Simonet: That's right. If we have to make a change, I won't argue tthst, but I would like to say that the ordinance is a wonderful thing for getting Mixings uniform. 0.'Ouncilman Iverson: I was going along with Powell's thinking - primarily go aaLong with the subdivision ordinance. Mayor Charlsen: Councilman Nolde, do you have any objections? cane/than Nolde: No. Anything is better than what we have got. Ndo objections were voiced to the vacation of willow Street. Oss motion of Councilman Iverson, seconded by Councilman Simonet. the meeting aedjourned to 7:30 P. M. (This portion of the meeting closed. at 6:12 P. M.) 7:30 P. M. - Meeting Reconvened AIOFLICATIONS Peon Ralph Wilberg, 1112 6th Avenue South, for On and Off Sale 3.2 Beer Licenses. (carried over to next regular meeting of the Council due to location in a reesidential area). Om motion of Councilman Powell. seconded by Councilman Nolde, a bowling alley lilcense was granted to Donald P. Mosiman and Glen L. Karloske, 317 South Main Sttreet, for a period of one year. • 460 (August 111. 1964-continued) On mention of Councilman Nolde, seconded by Councilman Powell, a pool table licemse was granted to William J. Groschen, 317 South Main Street, for a period of one year. On mention of Councilman Nolde. seconded by Councilman Iverson, a pool table licesnse was granted to Ralph B. Otte, 517 North Owens Street, for a period of one year. On motion of Councilman Powell, seconded by Councilman Nolde, cigarette licenses were: granted to the following, covering the period of July 1. 1964 through December 31. 1964. Mien M. Walker (walker's Drive Inn) SO6 South Main Street Arthur F. Raduenz. Jr. (Stillwater Motor) 326 South Main Street Walter W. A. Wolf (Wolf Marine) Highway #95 and #96 Paul R. Glaser (Glaser's Service Station) 208 North second Street Donald C. Meyer (Stillwater Shell Service Station) 103 North Main Street COMBNICATIOMs From: Mrs. George E. Ericson of Gamble-Skogmo, Inc., announcing that Stuart Eno ilton is an outside salesman for the Gamble Store of Stillwater. Mayvor Charlsen: The Council agreed that any local people selling would be . permitted to do so without a license. Councilman Simonet: I move that a permit not be required. Councilman Powell seconded the motion, adding that it should be includedis the spoon that the Clerk write to Mrs. Ericson and inform her of the Council's >. act:Lon. From Elmer V. Peterson, 214 W. Stillwater Avenue, in regard to an injury his som sustained at Memorial Beach on July 2, 1964. Thee Clerk reported that this letter would be referred to the Insurance Company. Pram James J. Woidemann, 1603 N. First Street, in regard to sewer service chaerge - requesting that the Council reconsider adjusting his sewer bill. Co:mailman Nolde: If I can recall, we approved this adjustment. coum:cilman Simonet: No; we denied it. That was the request where the water ratite is based on the last three months of the year. We weren't making any adjustments because people had to water their lawns:isn't that the way you unoderstand it? I move it be denied again. Covnncilman Powell seconded the notion: the vote was as follows: Councilmen Iveerson and Nolde: No; Councilmen Powell, Simonet. and President Charlsen: Yes. e • (August 11, 1964-continued) • 461 • From the State of Minnesota, Department of Health, announcing that John Shelton has successfully passed the written examination for Grade "E" Operator's Certificate (sewage works). From the State of Minnesota, Department of Health, announcing that Lowell Radke has successfully passed the written examination for Grade "D" Operator's Certificate (sewage works). Prom the State of Minnesota, Department of Highways, in regard to status of Municipal State Aid accounts as of June 30, 1964. Ibbert McGarry appeared before the Council at this point. (See Communications - out of order; Page 456), The City Engineer had been directed earlier to investigate the cost of a :manually operated blinker for the crossing at Oak Ridge Road and Olive Streets. :City Engineer: Signals with one unit control could run anywhere from $100 to $325. councilman Powell: I move the councilman in charge act in conjunction with the City Engineer to purchase what they think is necessary. Cbunciiman Nolde seconded the motion. R.bbert McGarry: Where is the position of the light to be? Will we be consulted? C_lty Engineer. I think Pine Street is the best location. Under 'Committee lbsemorts' I have proposed to cut a walkway on the south end of West Pine Street and gravel it. Robert McGarry: will this light be of sufficient height? Cilty Engineer: It will be according to standards. It is my personal opinion that it: should be a two signal unit with a flashing amber warning at all times. Prom the State of Minnesota, Department of Conservation, addressed to Ronald Ehilinger, City Engineer, in regard to the MCRusick Lake Dam - citing recommendations fon expediting work, etc. Mayyot Charlsen: Have you checked into any of these recommendations? eer: We are mking what wet:shoouldnprobably retain not the. services ofu7winlCityd call any grLabors out there; some testa. It will cost in the neighborhood of $300 or $400Testing 0,maybermore.to make Councilman Powell: That Sounds to me like the sensible thing to do. I move the Engilmeer and the councilman in charge of the street department take charge of the matter and see that this gets done. Councilman Nolde seconded the motion, From: Lyle Ekberg, attorney atIaw, requesting that the location of the Del Farm Storee be rezoned commercial. (The Clerk reported that it had already been re- zoned). Prom Mark Hurd Aerial Surveys, Inc. in regard to aerial photos of Stillwater which are mow available in connection with federal government photography. On mootion of Councilman Nolde, seconded by Councilman Iverson, the Clerk was direc:ted to write and ask that a sample photo be sent to the City Engineer; the Engineer is to report back to the Council. • • (August. 11, 1964-continued) 462 COMMITTEE REPORTS Cosuncilman Simonet: For the record, Ron, you recommended that a crosswalk be . established just west of the graded area on the south side of Pine Street eremssing County Road S5 (Olive Street), and you are going to get a flasher fom it? City Engineer: Yes. Councilmen Simonet: Something cracked on the grader and we told Ron to go ahaead and take it over to Hall Equipment Company; it will cost about $2,000 Or $3,000 to fix it, but we have to have the grader. Mayor Charlsen: How much would a used grader cost? Ciity Engineer: $8,000 to $10,000. Maser Charlsen: We don't have $3,000 to fix it so we can't look at a used one: Ciity Clerk: May I call your attention to the financial statement, gentlemen? Time general fund is in bad condition right now and will be for the balance of thee year. Covancilman Simonet: The grader isn't the only thing as far as equipment goes. Thum 1958 pickup is all done and the traxcavator is done. You haven't told these to commence on the grader, have you, Ron? Ci..ty Engineer: Oh yes, they have started. Co'ancilmen Simonet: Well, we just wanted you to know about it anyway. Co+:uncilman Simonet: You mentioned Our Savior's Lutheran Church wanting a cul- veart under west Olive Street in the driveway. Cizty.,Engineer: It is my understanding that they have bids out on it: it's a queestion of whether the City wants to supply them with the culvert or if you eat them to put it in themselves. Cosancilman Simonet: I certainly would leave it up to Ron. City Engineer: The City has supplied most of the culverts in the city under driveways, only this time we wouldn't have to install it, just supply it. C000ncilman Simonet: we might as well do it if we have done it in the past. Cooancilman Simonet: Ron, you wanted to have authorization from the Council tom establish a weather bureau down at the disposal plant? Cilty Engineer: Yes. A representative of the U. S. Weather Bureau came upo to my office; he is moving their station at the B.S.P. plant because con- diltions are affecting his thermometer. He said it was a perfect spot for it at the disposal plant. Commncilman Simonet: I move that the U. S. Weather Bureau may have authorisa- tilon10 establish a station at the sewage disposal plant. Cocancilman Powell seconded the motion. Co':uncilman Simonet: One other item is the amount of work and effort put in at: MtKusick Lake Dam - 8,600 cubic yards of fill material have been put in sitace we started on June 26th. And, you know, Ron, that you have the authority to, do whatever you wish as far as that testing. (August 11, 1964-continued( 4(i3 • • Councilman Powell: I contacted the chairman of St. Joseph Township, but e L stated he would not like to enter into an agreement with us; they would rather pay $150.00 per call, because that is what Hudson gets. I suggested $2G0.00 a call, and I would recommend it to the Council at $200.00 per call. They would rather gamble that they wouldn't spend $1,500 and would rather do it this way. we have made three calls since the first of May. If the Council feels $200.00 per call straight across the board is satisfactory, it is my feeling that these calls should be paid for under that arrangement. Councilman Nolde: I feel that, being that Stillwater Township and the other townships have entered into contracts with the City, and entered into them in good faith, St. Joseph Township should do the same and pay their fair share like everyone else! Councilman Iverson: That is my feeling. Councilman Powell: I expressed that as being my opinion too; however, I told him that as long as he was so set on the idea I would bring it up with the Council and find out what their wishes were. Councilman Iverson: Didn't we stipulate at one time that they had to sign a contract or we would discontinue service? Councilman Powell: But we Hudson hfave fgivgiven nrtthem emtierservice; if we don't do this,. they will probably go to Councilman Nolde: I can't see why citizens of Stillwater should pay for fire protection for the citizens of Wisconsin: Councilman Iverson: They should either sign a contract tomorrow or we will discontinue service. Councilman Powell: Are we going to just say that we have our fire department and you have yours? It boils down to getting $600.00 or not getting $600.00. Councilman tblde: I move that we contact officials in Wisconsin and tell them to enter into a contract within three days or we discontinue all service for Wisconsin. If they don't want to enter into a contract with the City of Stillwater then there is no responsibility to the City of Stillwater; their officials should be held responsible for this. Mayor Charlsen: I agree that the City of Stillwater shouldn't have to finance fire protection for Moulton or St. Joseph Township, but if someone's house is on fire I can't see just turning them down. Councilman Nolde: Our rescue truck has been running out there and reviving people all summer; citizens of Stillwater have been doing more than their share for Wisconsin: Councilman Powell: From now on then we'll just let them die! I look at it Ii;donttithinkalton otherhas townshipsover arethere goingat long get hardnosewabout itbeen and wanthere. special concessions. I think we can extend them that much courtesy. Mayor reis no cha lsen: There do you motion before orehtthe ewCoouncil; I heard no second to it. I re Councilman Nolde: I guess I will have to: councilman Powell: I move that we furnish St. Joseph Township with fire pro- andtthatathehthreeecalls2made0priorcall thisuntil tdaevandar afterhMaywhen 1sttwillwill beexpire, eluded. councilman Iverson: What are you going to do if other townships try to get around contracts and start bargaining? Councilman Powell: That is possible, but at least it won't happen until May 1st. councilman Simonet: I will second Councilman Powell's motion. The vote was as follows: councilmen Iverson and Nolde: No; Councilmen Powell. Simonet, and President Charlsen: yes. • e • • Councilman Powell: Water is running out of the sewer on Main and Nelson Streets - out of Curtis Caves - and is creating a bad odor; residents near by are complaining. City Engineer; It will remain so until we can relieve men from working at M_Rusick Lake dam to take care of it: It is not the water causing the odor. Councilman Powell: The fire cheif and the mechanic have recommended that we purchase the 1959 International Truck for use in the fire department at a bid of $2,490.00. The mechanic asked that a better type of hand brake be in- stalled and a few other things; the salesman said all other things would be done at no extra charge. It is also my recommendation that we accept this bid, and I will make that in the form of a motion. Councilman Iverson seconded the motion. (See resolution). Councilman Iverson: My report on Lily Lake comes up later on the agenda. Councilman Nolde: Quite a few weeks ago, the Minnesota State Health Depart- ment came over to the Lily Lake beach to test the water; I was told we were going to have to control the number of people using the beach as it is too small for having 3,000 people a day using it. The Health Department report is not back yet, but the recreation commission recommends that next year we limit use of Lily Lake to citizens of Stillwater. It was also suggested that we notify the Red Cross and let.then know that we are going to discontinue use of Lily Lake for Red Cross swimming lessons - this involves about 1,100 people. There is ample area at Marine and Square Lake where they could take these lessons on the local level. Councilman Powell: What about the water pollution at Lily Lake? Councilman Nolde: I haven't got the report back yet, but I called them and they said it wasn't going to be good. We are going to have to control Lily lake - there is no doubt about it. Manor Charlsen: I have a letter from the Stillwater Chamber of Commerce dated August 6, 1964; -they are in favor of construction of the Northern States Power plant and would appreciate receiving a copy of our resolution on it, and also want authorization to use the City's name on a fact sheet they are putting out. The Clerk was then directed to send a copy of Resolution No. 2641 to the Stillwater Chamber of Commerce, and also the following persons: Wayne H. Olson Commissioner of Conservation Malcolm M. Hargraves, M.D., Chairman water Pollution control Commission Commissioner of Conservation Department of Conservation Madison, Wisconsin District Engineer U. S. Corps of Engineers St. Paul, Minnesota Mayor George Vavoulis St. Paul, Minnesota Honorable Hubert H. Humphrey Washington, D. C. Honorable Eugene McCarthy Washington, D.C. Elmer Elliott, Manager Northern States Power Company Stillwater, Minnesota Mr. Allen S. King, President Northern States Power Company St. Paul, Minnesota Editor St. Paul Dispatch St. Croix Valley Area Chamber of Commerce Stillwater, Minnesota • • e (August 11, 1964-continued) 465 • • PETITIONS From St. Peter's United Church of Christ, signed by its president, Mr. Kermit Mohn,. and its secretary, Phyllis Evermann, requesting annexation of certain real estate. Mr. Robert Dalluhn: We purchased that land five years ago and started a building fund; we had a lot of trouble trying to purchase more land, etc., but things are going pretty good now and we understand that in order to get sewer and water, we have to be annexed to the City. Councilman Powell: I move that we accept the petition. Councilman Simonet seconded the motion; Councilman Nolde was opposed. Mayor Charlsen: Order the preparation of the Ordinance to have the first reading at the next Regular meeting of the Council, to be held on September 15, 1964. Have you tried talking to anyone else there to bring that whole block in7 I wonder if we shouldn't ask for annexation of the whole block from the Municipal Commission; it is vacant - there is nothing on it. Councilman Iverson: Could I discuss it with the owners of the property and see what they think? Mayor Charlsen: Inform the City Clerk in time so he can draw up an ordinance. Councilman Iverson: I will report back before the next meeting. DELEGATIONS OR INDIVIDUALS Mr. Winston Sandeen appeared before the Council, representing Swager Bros., Inc., in regard to the Brick Street sewer. Mr. Sandeen: Last year they filed a petition for a construction permit; they made"inquiries at the City Engineer's office as to the depth of the sewer, and were informed it was eight feet in depth; it was found that it was six feet in depth rather than eight feet, which necessitated installation of a sump pump. It is 'our request that something be done to remedy this situation at 123 and 127 Brick Street. At the same time, Swager Bros. is asking to be reimbursed for $1,071.44. This is a sewer for which they have been assessed, and on one property the assessment has been paid in full. Mayor Charlsen: Ron, you gave them the information that the sewer was eight feet deep? City Engineer: No, sir: Winston Sandeen: Plans in the City Engineer's office on invert is eight feet deep; subsequently, the City Engineer has changed office to show six feet. city Engineer: The profile top elevation shows existing ground incide with the way it was when the sewer was constructed; that the top profile does not jive with what is on the plan. show the sewer the depth in his does not co - is the situation; Mayor Charlsen: Do you feel the City is liable for this? City Engineer: If you want to take the profile of the plans, yes: but if you want tb take the invert elevation the sewer was put in as, no. Councilman Nolde: Your plan was wrong? City Engineer: My plan was erroneous, yes. Mayor Charlsen: Who is liable for this? Who made the mistake? • • • 466 e • • At this point, the City Clerk conferred with Mayor Charlsen; the City Engineer did not reply to the Mayor's question as to who was liable. Mayor Charlsen; Mr. Sandeen, may we take this under advisement? Winston Sandeen: Yes; when should I report back to the Council? Mayor Charlsen: At the next regular meeting of the Council; the 15th of September. Mr. Robert xotz Oak Ridge Road, Fairmeadows: Several of us are here tonight to inquire about the new dump. We are quite concerned about having a dump as a neighbor. We have a new school in the area and we definitely feel that some regulations on the operation of this dump are necessary, and we feel that they should be made by a governing body that we have a voice in; we do not have a voice in Stillwater 'Township. Is this agreement with Leighton Charlsen in effect now? City Clerk: Yes, subject to his obtaining the property. Mr. Rots: We have noticed that there are no regulations regarding the disposal of rubbish. Councilman Powell: I think that if we read the new ordinance that we have, It would clarify a lot of the situation. Mayor Charlsen: As far as the City of Stillwater is concerned it would, but not for Stillwater Township. Councilman Powell: If he requested annexation to the City we would give him consideration. Mr. Katz: We were at the town board meeting and he requested permission to burn paper and brush, and also old cars. Councilman Powell: This is a misunderstanding on your part; he said it was not discussed at the town meeting - just bantered around. Mr. Klotz: I think you can see the danger of burning; we are very much against it. Mr. Burt Rivard: I don't know what kind of control you have against burning, but this is what the last burning did. (Mr. Rivard presented a bill to the City for damage to his property which was allegedly caused by a fire started in the present dumpsite). In view of what happened in Fairmeadows last Spring - some of us were very close to losing homes - I would like to raise the question of location. I think there are other locations. I believe Stillwater Township is paying for a planning survey; if they are paying for this, why shouldn't they say where they want the dump to be. . Mr. Rotz: I think you have a responsibility to the City of Stillwater. What we would like to know is what the City of Stillwater proposes to do about regulating this dump, especially burning. Councilman Powell: It was my feeling that there should be no burning at the dumpsite at Fairmeadows. In order to give people of Fairmeadows peace of mind, perhaps all branches, etc. could be hauled to the dumpsite at Grant Township and burned all at once - once a year maybe. Robert McGarry: My main concern is this; did you not pay $200 to belong to the area planning commission? We know you have to have places for dumps - why isn't this in there? I am sure you can come up with some sort of plan. Mayor Charlsen: In discussions that they have had, they have recommended central incinerator plants located in various communities. I was at a meeting • • a e 4O a • • last Tuesday; it was a funny thing - I mentioned dumps and everyone present had the same problem; they cannot find a place to locate a dump: We are trying to get by with as little money as possible - the coat of an incinerator for the City of Stillwater would be $75,000 and you would still have the smoke problem. Mr. McGarry: I looked at this contract with Mr. Charlsen - to us it looks like a unilateral, not bilateral contract - he can bring anyone in there; a landfill dump is something else. We as taxpaying citizens feel there should be some regulation. Councilman Simonet: We are just as conscious of it as you are: Mrs. Fred Irvin: It will be a regular fire hazard out there' Councilman Powell: We will simply have to tell him that there will be no burning at all. I don't think this is anything that we can't solve. Mr. Kota: As long as the question of regulation has come up - you are paying him a considerable sum, and as long as you are paying him you have some right to see how this matter will be disposed of. Far more than burning should be considered; there should be fencing to stop refuse and paper from blowing around; also, there should be an access road. Also, I am concerned about the type of equipment he is going to have to maintain this and the amount of fill he is going to put over it each day. There are regulations of the Board of Health. Mayor Charlsen: Don't talk to me about the Board of Health: We have been trying to get some help from them for three years; they don't even want to talk to us; they don't want to 'get involved' with our neighbors. Councilman Nolde: If they are State Health they should be over here condemning the dump we now have: Mr. Gordon Larson (part owner of Fairmeadows) 3 an very happy about one thing this evening - that Fairmeadows has been mentioned so often; however, it is my observation that one thing is very definite - the City of Stillwater needs a place and a method of disposing of garbage and refuse - we are in agreement on that and that is where our agreement ends. On the one side we have those who are concerned only with a site for the job that has to be done; on the otherhand, we have those people who are concerned with the location of the site because they are living in an area that they have chosen and think it's the best possible site they could locate in, and live in, and bring their kids up in. They have good reason to be concerned with what is going to happen immediately to their north. I have been assured that the landfill is an oper- ation which will be undetectable if propertyoperated, but I checked with the State Board of Health regarding landfill operations and they told me that usually '49" this is not the case. I am sure that it is possible to find another location that will be suitable for everyone concerned, even if it takes a little longer, let's try it. Councilman Powell: I think that if we discuss this at greater length with Mr. Charlsen and explain to him some of the complaints that have been registered tonight, and set down some rigid regulations, it can be operated in a good way. The City has never had as good service for garbage pickup and, because of this, I feel it Ls worth giving him a chance. If regulations are such that he has to do it, he will do it that way. You can't go east - they wouldn't let us go north, and it Ls not too good a practice to have to drive tap far to get to a dump. Mrs. Irvin: We have had that dump out there for fifty years or more - somebody else should take a share of it. We have had that odor for years and years; And .one spark from a fire and it will burn without stopping and then the City will have something on its hands: lir. McGarry: What recourse do we have? 000uncilman Nolde: Do you think it would be better if we annexed it to the City? • • • (Augrust 11, 1964-continued) 468 • • Mr. McGarry: If you have no control over this thing whatsoever, this is what we are against, but if you annex the property you have full control. What's going to be done here?! Mayor Charlsen: We have to wait until we see what Stillwater Township does. Mr. McGarry: Can you annex this property without his permission? City Clerk: Yes, but it would be much better if we did have his permission. Mr. McGarry: Well, let's see it in black and white. Nr. Robert Norgren, 303 North Third Street, appeared before the Council and requested a variance in rear yard setback requirements to enable him to build an addition to his home. Councilman Powell: Mr. Thompson said that there are sone extenuating circum- stances here, so I would move that the variance permit be granted subject to receiving permission from adjoining property owners. Councilman Iverson seconded the motion. Councilman Simonet: Don't you want this to go to the Planning Commission, Chuck? Building Inspector: They don't meet for another month, and I feel that this request is justified and should be approved now. I don't feel that it would harm anything. UOPTNISHED BUSINESS The City Engineer reported the following in regard to bids for a tar kettle and vibrating roller which were opened and read at the June 24th meeting of the Council: "In view of the expenses that we are going to have togo through on the grader, and possibly other equipment, I would make the recommendation that the Council reject these bids for the simple reason that we cannot afford It". Councilman Iverson: I move we reject all bids on the tar kettle and vibrating roller. Councilman Powell seconded the motion, and the Clerk was directed to inform all bidders of the Council's action. 'The Building Inspector reported that the Wilmes and Stenzel properties (see :minutes of July 7, 1964) could be removed by Junker Landscaping for $325.00; -this cost would also include filling excavations. :Councilman Nolde: At this time I would like to make a motion to have our local :fire department burn these buildings down, for these reasons; one lot is not big .enough to build a new home on, and also because, as our budget is in such tterrible shape, we should use our fire department to destroy these buildings. MUuilding Inspector: 'f we burn them down, it will be up to the City to fill kW: the excavations. The Stenzel property would not require much fill, but tithe Wilmes property would require considerable fill. This price of $325.00 would include the fill. • e (August 11, 1964-contingeA)h m 4 Mayor Charlsen: Another house is quite closet we could run into problems. Councilman Nolde: We will have a bigger problem .before we come to the end of the year and we have no money: It's time we started pulling in our horns and do something ourselves: Building Inspector: I talked to Chief Lawson about burning these houses down; he discussed it with the volunteer firemen and they will do it for some con- sideration; they dre short of funds and John said a donation from the Council of $100.00 would do it. Councilman Simonet: I move we have both of them torn down and the basements filled for $325.00. Councilman Iverson seconded the motion, adding to the motion that liens should be filed against each piece of property. Councilman Nolde was opposed to this motion. Councilman Iverson: what are we going to do about a city attorney? Mayor Charlsen: I have asked if this could be carried over about one more week. Councilman Nolde: Why don't we try and solve the problem tonight? Councilman Iverson: Is there a reason for carrying this over? Mayor Charlsen: Yes; there is a reason - it will be brought up in the next week. Councilman Nolde: The time has come to appoint someone, and I am sure that the Council feels this way. A couple fellows have made application for the job and I am sure there is one we could appoint tonight. Councilman Powell: If the Mayor wants to wait a week or ten days, and the police can wait, I will go along with the Mayor. Chief Sanders: I would like to have some authority in emergency situations to contact some attorney - day or night. City Clerk: I am sure that you can go to Mr. Thoreen, Mr. Kelly or Mr. Lawson and they would be glad to help you with no cost to the City. Chief Sanders: I have gone to Mr. Kelly several times, but he feels he doesn't want to get involved without some authority. Councilman Nolde: I think th e time has come to do something about it: We have two men making application for the job and one of them was disqualified: Councilman Powell: Did you have another meeting that I didn't know about? Howard Albertson approached me the other day and asked that he be considered. He said he felt he could handle the job and that he would give it his undivided attention; I told him I would bring it to the attention of the Council. Councilman Iverson: I have no personal preference. Councilman Nolde: I have committed myself to the only other man who indicated he would like to serve as city Attorney, and I would like to put the name of Phil Eastwood up for City Attorney. Councilman Simonet: I have no objections to waiting, but I would like to see somebody appointed - if you want to wait a week, it's alright with me. Mayor Charlsen: Councilman Iverson, are you willing to wait another week or so? Councilman Iverson: I wouldn't like to see it done that way. Councilman Powell: Could we have another meeting in a week or ten days? set a date and we can go through it; we need a city attorney. • • • • • 470 (Augueet 11, 1964-continued) • • 2 Mayor Charlsen: Let's wait another week, then; not more than ten days. NEW BUSINESS On motion of Councilman Powell, seconded by Councilman Iverson, the following substituted securities, pledged by the Cosmopolitan State Bank to secure City deposits, was approved: $200,000 U. 5. Treasury Bonds of 1969; 4% Nos. 15169-70 @ $100,000 each; due 10-1-69. On motion of Councilman Powell, seconded by Councilman Simonet, the fire protection contract between the City of Stillwater and the Township of Oak Park, in the amount of $933.50 was approved. Or motion of Councilman Powell, seconded by Councilman Nolde, the following insurance policy was approved: Policy #3-72-70-59, issued by the Planet Insurance Company of Madison, Wisconsin, covering contents in City Hall against fire, lightning, and extended coverage in the amount of $5.000 for the period 5-7-64 to 5-7-69; Premium $110.00. ,fir. Harold Pauley requested that the City pay $10.00 as its share of applying ,oil to Echo Lane. :Councilman Nolde: I move it be paid. °Councilman Simonet: Haven't we always taken the position that if they want : a. street oiled. they have to stand the expense themselves? : City Engineer: Yes, sir. °Councilman Powell: I will second Councilman Nolde's motion. MNrs. Harold Pauley: What do we have to do to get Borup Street closed? HPeople are going right through our property on the west end. Mayor Charlsen: If you want it done this fall, I don't know what we can do about it - there is no money to do anything with. Mgrs. Pauley: well, get it on the list for next year before it's all spent. Councilman Nolde: We will get it done first thing next spring. Oars motion of Councilman Powell, seconded by Councilman Iverson, the notion t.o- appoint election judges, which was made at the July 7th meeting of the Ca unail was rescinded, and theaCouncilman Powell moved, Councilman Iverson seconded, to appoint the following judges in order to comply with the new election laws as set out in Minnesota Statutes, Section 206.19: • • • • __ (August 11, 1964-continu4d►q • • -. 1st Ward - 1st Precinct Otto C. Bieging - 711 S. First * May Schrade - 1311 5. Second Irene Collins - 1322 5. First Robert Zabel - 207 E. Burlington 2nd Ward - 1st Precinct Mrs. G. M. Johnson - 207 N. Martha *+ Ethel S. Biorn - 516 W. Myrtle Grace Thompson - 422 S. William Pearl Paulson - 232 N. Martha 3rd Ward - lat Precinct ** Minnie Johnson - 321 W. Elm Karen Hogberg - 404 W. Hickory Leora Zoller - 301 W. Stillwater Ave. R. F. Scullen - 306 W. Sycamore 1st Ward - 2nd Precinct Ella Adkins - 513 S. Fifth T. M. Darrington - 1342 S. Third * Lillian Kutz - 705 S. Holcombe Delores Bartkey - 817 S. Seventh 2nd Ward - 2nd Precinct * Mae Olson - 111 N. Sherburne Myrna Wihren - 106 N. Greeley Evangeline Ulrich - 920 w. Pine Mary Katherine McDonald - 1006 W. Pine 3rd Ward - 2nd Precinct Bessie Mitchell - 703 N. Fourth * Paula Elness - 626 N. Fifth Esther Magnuson - 607 W. Maple Bernice Brown - 303 N. Greeley ** * chairman (&*Bessie Mitchell replaced on September 8, 1964, by Jeanette Mariana, 1212 W. Linden :street, in compliance with 1964 Election Laws, Section 203.24) On motion of Councilman Powell, seconded by Councilman Iverson, the following sewer rental charges were fixed for the balance of the year, 1964: 1-190 Assembly Corp. - 321 S. Main Street 2-820 Bliss Bros. - 225 N. Second Street 4-125 Larry Ritzer - 1019 6th Avenue 4-590 Don Erler - S. First Street 4-605 Oscar Johnson - 1321 S. First Street 8-420 Mrs. Esther Ammerman - 811 S. Seventh Street 8-460 Mrs. David Grotto - 921 S. Seventh Street 8-515 Orvitt Wrangham - 1006 S. Seventh Street 9-157 Wm. Kress - 1015 S. Everett 9-182 D. J. Sullivan - 1315 S. Everett 11-475 Jack Fountain - 315 S. Hemlock Street 11-560 Village Homes - 403 S. Brick Street 11-562 Village Homes - 411 S. Brick Street 11-400 Clarence Albrecht - 1310 W. Oak Street 12-166 Herb Peterson - 1121 W. Ramsey Street 14-385 Elsie Strehler - 414 W. Mulberry Street 16-175 Fred Gieske - 824 w. Maple Street 167210 R. A. Peterson - 924 W. Maple Street 17-210 LeRoy Gulden - 820 W. Owen Street 17-660 Stella McGarry - 224 W. Stillwater Avenue 19-205 Bob 01ron - 1621 N. First Street (former rate) 19-275 Wm. Engler - 1414 N. Pirst Street 20-126 Ray Wentzel - 1306 W. Linden Street 20-127 Robt. Anderson - 1314 W. Linden Street 20-137 Claire Davidson - 1526 w. Linden Street 20-150 Swager Bros - 304 N. Brick Street 20-155 Ray Lundgren - 224 N. Brick Street 20-175 M. J. Peterson - 123 N. Brick 20-803 Robert Brabec - 2115 Dundee Place 20-806 Chas. Swanson - 2108 Dundee Place 21-120 A. W. Lehman - 1612 Morningside Road(tmner rate) (Reopen) $ 5.00 (Reopen) $ 5.00 (Reopen) $ 5.00 (Reopen) $ 5.00 (Reopen) $ 5.00 (Reopen) $ 5.00 (Reopen) $ 5.00 (Reopen) $ 5.00 ( New ) $ 5.00 ( New ) $ 5.00 ( New ) $ 5.00 ( New ) $ 5.00 ( New ) $ 5.00 ( New ) $ 6.60 ( New ) $ 5.00 (Reopen) $ 5.00 (Reopen) $ 5.00 (Reopen) $ 5.00 (Reopen) $ 5.00 (Reopen) $ 5.00 ( New ) $18.75 ( New ) $ 5.00 ( New ) $ 5.00 ( New ) $11.00 ( New ) $ 5.00 ( New ) $ 5.00 ( New ) $ 5.00 ( New ) $ 5.00 ( New ) $ 5.00 ( New ) $ 5.00 ( New ) $10.20 19-145 Donald Erler - 1413 N. Second Street Bill $16.20 - new tennant: now suggest minimum of $ 5.00 • e A (Auggset 11, 1964-continued) 72 On motion of Councilman Powell, seconded by Councilman Molds, the next regular meeting of the Council, set for Tuesday, the Oth of September, was changed to the 15th of September, as the 8th is primary election day. (See Resolution). On motion of Councilman Iverson, seconded by Councilman Powell. the Building Inspector's report covering activities during the month of July, 1%4, was approved. The Clerk reported that a Summons & Complaint, entitled Lilly Martel vs. the City of Stillwater, was served on him on July 29, 1964. A copy of same was mailed to the 'frog Agency on July 31, 1964. Om motion of Councilman Iverson, seconded by Councilman Powell, the following warranty deeds were approved, and the Clerk was instructed to file same: Gilbert J. Benson & Lydia B. Benson to city of Stillwater; (Lily Lake property). The Stillwater Auditorium Company to City of Stillwater; (parking lot south of Auditorium building). Mayor Charlsens We should be making some money off the parking lot behind the Auditorium Theater. Councilman Iverson: I would suggest that we think in terms of leasing that small spot. Councilmen Nolde: We have too much money in it to lease it. - Councilman Iverson: This lot doesn't lend itself to metering; it's too small. Councilman Nolde: I move we send someone down to survey it and report back to the Council. I make a motion that we appoint someone to negotiate a contract with some business people downtown. There was no second to this motion; Councilman Powell was opposed. Councilman Iverson: I would like to work with Ron on it. Councilman Powell: I am opposed because I don't think it should be handled in that way; get publicity in the paper that this parking space is available. City. Clerk: When the bonds were sold for this project, the intention at that time was to meter all of these areas. Councilman Iverson: Let's lay it out so people know it's City parking. City Engineer: I will check it out and see how many cars we can get in there. 'The Clerk reported that Mr. Ralph B. Ecker is purchasing the Garey Bros. filling :station at Laurel & Owen Streets on contract for deed, and would like a permit ;to operate.the station. Also, that the Building Inspector and the Planning oeonmiasion recommended that permission be granted. COn motion of Councilman Iverson, seconded by Councilman Powell, a permit to operate a filling station was granted to Ralph B. Ecker. • e • • ODLDLNANCES Building Inspector: In view of the fact that we do not have a city attorney yret, I suggest that the first reading of amendments to the building ordinance bee carried over to the next regular meeting of the Council. T.he Clerk presented an ordinance on Dutch Elm disease which was suggested by t::he Minnesota Department of Agriculture. C:ity Engineer: The State of Minnesota is going to all communities within the State in an effort to get them to pass this ordinance for controlling dutch eelm disease. We have no ordinance in effect now that gives the City the right tch levy taxes, etc. o.0e motion of Councilman Powell, seconded by Councilman Iverson, the Clerk made t`_he first reading of the ordinance on dutch elm disease. Couuncilman Nolde was opposed. C:Ssief Sanders stated that an amendment should be made to the Liquor Ordinance w:ahereby all On or Off Sale liquor establishments would have to stop serving liquor at 1:00 A. M.; he stated that some establishments were still serving pneople after the doors are locked - sometimes until 4:00 A. M. was decided to table this matter until a new city attorney is appointed. R:SSOLUTIONS - the following resolutions were read and unanimously adopted: Directing the payment of bills. 2:. Changing Date of September, 1964 Regular Meeting of City Council. 3 . Accepting bid and authorizing execution of contract. (used truck - fire department). 4 , Accepting bid and authorizing execution of contract. (demolishing building at 107 N. Fourth Street). Sep Accepting bids for City insurance. 6i, Naming custodian of voting machines. AhhIOURNMENT Cab motion of Councilman Simonet, seconded by Councilman Powell, the meeting andjourned at 11:53 P. M. At.tt est: A1»»,ram/, 624 Edt+w- Mayor • • • 474 Council Chamber — Stillwater, Minnesota September 1, 1964 4:30 P. M. Special Meeting The meeting was called to order by President Charlsen. Present: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. Absent: None. The City Clerk read a letter received from Vincent Hammon of the Stillwater Evening Gazette; Mr. Hammon requested that the Council grant him a special parking permit which would enable him to park in the Business District without Paving to pay overtime parking fines. Councilman Powell: I think that this is a reasonable request; he has been good to the Council and we have always had good relations with the press. I move that the Chief of Police be instructed to provide Mr. Hammon with free parking during business hours. Councilman Nolde seconded the motion. Councilman Powell: Dean Ramaden showed me a copy of the deed to his land in Grant Township (previously proposed dumpsite) which states that the City would provide a fence around the property. He said if we are going to sell this property, he is going to insist that we put up this fence. He also said that if the Council wanted to, there is no hurry about it, he would put up the fence for us if we would buy the equipment, provided we use steel posts. Councilman Nolde: I don't think we will have to worry about it because I don't chink the City will sell the land. (A bid had been received of approximately 01,500; the Council felt this was not a large enough sum and decided to hold onto the land until a better price could be had for it). Councilman Simonet: In regard to the traffic light on Olive Street near Eairmeadows - the Water Board doesn't want to assume responsibility for these school children walking along their property. (See minutes of August 11, 1964) Councilman Nolde: The first thing to do is get the lights put in; then we can decide where we will put the crosswalk. Councilman Iverson: We have to get a crosswalk in - school has opened up: Councilman Powell: It might not be a bad idea to have a squad car park out there for the first few days. Councilman Nolde: Let's get approval from the water Board to use their property first. Councilman Simonet: I will call them early tomorrow. They are concerned because the road is in such terrible shape. Councilman Nolde: The Water Board has a responsibility to the citizens of Stillwater: • fen (September 1, 1964-continue e • Mayo:.r Charlsen: The main purpose of this meeting is the attorney. A couple of weeks ago I thought I would have but Lt didn't go through. so we are now open for nominat Counneilman Nolde: I nominate Philip Eastwood as City at StillLwater. Counncilman Powell: Because I was asked to do so, I will Howaard Albertson. He asked me to do this and I have. I qualfi£ied to serve as City attorney. Mayor Charlsen: I would like to nominate Harold Kimmel, Neumneier, Rheinberger, Eckberg firm; he is a local citix is ktead of the Stillwater Jaycees. Councilman Simonet: I move the nominations be closed. Councilman Iverson seconded the motion. Councilman Powell: Mr. Albertson did ask for the job, and the publicity he has receeived recently on this Northern States Power company thing puts him in quite a faavorable light; however, I think that we should be more or less unanimous on whom we pick; it is good for a Council to be that way. City Clerk: The nominations have been officially closed; it will be necessary to 'vote. The Clerk called for a show of hands for Philip Eastwood; Councilmen Iverson, Nolode and Simonet voted in favor. Counncilman Powell: Let's make it unanimous. I move that he be unanimously elected. Cousncilman Nolde seconded the notion. appointment of a city a recommendation to make, ions for City attorney. torney for the City of nominate Representative feel he is equally who is a member of the en - fairly new - and he Mayon Charlsen: City Clerk, I think you will have to get Mr. Jewell's resignation as :special judge; he is Mr. Eastwood's law partner and I would certainly say there is :a_ conflict there. Councilman Simonet: Does the Charter prohibit the situation as it is now? The speee-ial municipal judge being from the same office as the city attorney? Cit:_y Clerk: The only time that would apply is when our regular judge is not present; thee special judge would preside, and if the city attorney had to present a case before him, there would be conflict. The governor of the State would have to make an appointment of a judge to hear that particular case. Councilman Powell: How long is Mr. Eastwood appointed for? Mayoor Charlsen: As long as the City Council wishes to retain him. Councilman Nolde: Do you feel we should ask Mr. Jewell to resign? Mayoor Charlsen: If there is a conflict of interest we would have to go to the governor and have him appoint somebody - that could take two or three days. Citty Clerk: Would you like to decide on a salary for the city attorney? Councilman Iverson: The salary is $400.00 per month? Mayor Charlsen: That was what Kalinoff was getting. $400.00 plus medical and hospital benefits at the single rate; this will be effective September 1, 1964. I eon't know, but I think we are letting ourselves open for trouble. I think we should instruct the Clerk to write to the attorney general's office and get an opiinion on our question. Citty Clerk: I cannot do that; I couldn't ask for an opinior, as I am not an attorney. • • • • • • Councilman Powell: Can't we ask Phil Eastwood to write for an opinion? If there is any question, I am sure he would say he would rather have an opinion on this. Councilman Simonet: The first order of business then should be to instruct the city attorney to write the attorney general for an opinion on this matter. The City Clerk then contacted Mr. Philip Eastwood by telephone, and asked him to present himself at the City Hall to be sworn in as city attorney. Hr. Eastwood appeared before the Council shortly thereafter, and the Clerk administered the oath of office. Mayor Charlsen: We have a question. Jack Jewell is in the same firm with you; is he still able to serve as special municipal judge? Mr. Eastwood: I don't know; that is a good question. The only way we could find out is by an opinion from the attorney general's office. Mayor Charlsen: Will you take care of that? Mr. Eastwood: yes, I will be glad to. Mayor Charlsen: I reported some time ago that part of the roof had blown off the bandstand at Pioneer Park; nothing has been done about it. CouncTh an Iverson: It was repaired because I went up there and looked at it to make cure it was done. Mayor Charlsen: All I know is what Mr. Kelm told me. Councilman Iverson: I will go up and look at it. Mayor Charlsen: One other Ding, Councilman Iverson, you were going to talk to Mr. Amundson about the Brown's Creek property. Councilman Iverson: I did talk to him; I have nothing on it yet because he wants to get aerial photos of the property first. Councilman Powell: How about the Oak Park property annexation? Councilman Iverson: I reported that to the Clerk. i went to talk to some of the property owners up there. From what I gather, there is a lot of friction about that little piece of ground; the adjoining property owners are mad at this church group. (St. Peter's United Church of Christ). Councilman Nolde: Mr. LeCuyer talked to me downtown one day; he is very much upset because the church board went before the town board and requested that the street be vacated. He thought maybe they would be here at the next Council meeting. Councilman Iverson: There is a lot of resentment about everything they have done. If we annex it there will be a lot of heat on it. I am all in favor of getting all the land we can get, but there sure is a lot of friction on this one: RESOLUTIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the Payment of Bills • • • • (septembe 1, LYae•COft1fUOOJ_ 2. Appointing Custodian of Voting Machines (Eugene Hanks) 3.. Appointing City Attorney (Philip Eastwood): $400.00 per month. (Resolutions 1. and 2. were passed at a previous meeting of the Council, bust were not published within the required ten days which made it necessary top repass same) AEWOURNMENT Om motion of Councilman Powell, seconded by Councilman Iverson, the meeting ad9journed at 5:40 P. M. Atiteat: tcierr Mayor `±40 • • • ccnuncil Chamber Stiillwater, Minnesota Special Meeting September 10, 1964 10:00 A. M. The meeting was called to order by President Charlsen. Present: Councilmen Iverson, Nolde, and President Charlsen. Absent: Councilmen Powell and Simonet. Retiurns of the primary election held on September 8, 1964, were canvassed by the City Council with the following results: For Councilman: Lloyd A. Bodlovick 615 For Councilman: Harry H. Hall 737 For Councilman: Dale P. Rrongard 894 For Councilman: Donald P. Nolde 1267 For Councilman: Roger A. Peterson 1405 For Councilman: R. M. (Dick) Powers 1248 For Councilman: John A. (Jack) Weiss 962 On notion of Councilman Iverson, seconded by Councilman Nolde, the following per:ions were declared nominated for the office of Councilman, and the Clerk wasinstructed to place their names on the ballot at the general election, to Ile held on November 3, 1964. For the office of Councilman: Donald F. Nolde Roger A. Peterson R. M. (Dick) Powers John A. (Jack) Weiss ADJCIURWMENT On notion of Councilman Nolde, seconded by Councilman Iverson, the meeting adjourned at 11:30 A. M. Attest: /hi cif Mayor • • • e 479 • • m! Ctouncil Chamber Satillwater, Minnesota September 15, 1964 4:30 P. M. Reegular Meeting Ube meeting was called to order by President Charism'. Opening prayer by the City Clerk. Pl'resent: Councilmen Iverson, Nolde, Powell, Simonet, PWbsent: None. COM motion of Councilman tfollowing meetings were special Meeting }Regular Meeting special Meeting special Meeting and President Charlsen. Nolde, seconded by councilman Iverson, minutes of the approved: July 27, 1964 August 11, 1964 September 1, 1964 September 10, 1964 4:30 P. M. 4:30 P. M. 4:30 P. M. 10:00 A. M. P9PPLICATIONS On motion of Councilman Simonet, seconded by Councilman Nolde, On and Off Sale 35.2 Beer Licenses were granted to Ralph Wilberg, 1112 Sixth Avenue South, for as period of one year, on the second reading of the applications. On motion of Councilman Simonet, seconded by Councilman Nolde, an Off Sale 3.2 Meer License was granted to the Del Farm Store, 216 West Myrtle Street, for a ;period of one year, on the first reading of the application. On motion of Councilman Nolde, seconded by Councilman Simonet, a Junk Dealer's n4lcense was granted to Lawrence Rumpf, 2007 Schulenburg Avenue, for a period of cone year. OOMMONICATIONS Stem the State of Minnesota, Water Pollution Control Commission, in regard to Cthe proposed Northern States Power Company generator plant to be located in oak }Park Heights. It was stated that the Commission may find it desirable to hold a public hearing on the project, and that they would give full consideration to all Information submitted bearing on the matter of water pollution. Srom Mr. Jens Madsen of the International Association of Electrical Inspectors tin regard to the Western Section meeting of the International Association of DElectrical Inspectors at Lansing, Michigan, on September 21, 22 and 23, 1964. • • • • 180 (Septemiber 15, 1964-continued) • • Farom the Hon. Joseph E. Karth, House of Representatives, Washington, D. C.. Lin regard to resolution adopted by the city Council on May 12, 1964, relative do the proposed Northern States Power Company generator plant in Oak Park Heeights. Rep. Karth stated that there is no question of Federal legislation ihnvolved, and that the decision regarding location was a matter involving the estate and local governments and the matter could be handled without Congressional ;intervention. :From the Hon. Eugene J. McCarthy, U. S. Senate, Washington, D.C., in regard 'to resolution adopted by the dty Council on May 12, 1964, relative to the pro - .posed Northern States Power Company generator plant in Cak Park Heights. Rep. .McCarthy stated that the project did involve matters of concern to several federal and state agencies, and said he was assured that careful considet.t?on -would be given to the proposal. From Philip Eastwood, City Attorney, in regard to attorney general's opinion as requested by Mayor Charlsen on September 1, 1964. ("Is the law partner of the special municipal judge for the City of Stillwater prohibited from acting as City Attorney?") Mr. Eastwood reported that he had not yet received an answer from the Attorney General's office. From the League of Minnesota Municipalities, announcing 1964 League Regional Meetings, with schedule of meetings attached. The City Clerk a.:,;ounced that the meetings nearest Stillwater would be held in West St. Paul on October 6th, and in Robbinsdale on October 15th. He was then directed to make reservations for the October 15th meeting, as the October 6th date would conflict with the Regular Council Meeting for October. From the Hon. Edwin J. Chapple, Mayor of the City of West St. Paul, extending an invitation to the Stillwater City officials to join them at the Regional Meeting of the League of Minnesota Municipalities to be held in West St. Paul on Tuesday, Oct>:ber 6, 1964, at 6:00 P. M. The Clerk was to Mr. l and inform t the officials could lnot tattend wthe emeeting asaitela would conflictwith the Regular Council Meeting. City Attorney: Last week I had a telephone call from the Commissioner of Conservation for the State of Wisconsin; the governor of Wisconsin was in his office and said that he had had a great deal of communication from Wisconsin people pertaining to a public hearing on Northern States Power Company; they do not have jurisdiction to call a hearing because the plant would be located in Minnesota. He was wondering if the City of Stillwater anticipated having a hear- ing so that Wisconsin people could attend. I told him that as far as I knew. the City of Stillwater had no intention of calling a public hearing so that the people of Wisconsin could protest. Wayne Olson said if they called it, they would un- doubtedly call the Wisconsin Conservation Department. Mayor Charlsen: As far as I can find out, they haven't called any public hearings on any other requests they have had; I don't know why they should start now. • • • (September 15, 1964-continued 1 • • COMMITTEE REPORTS Councilman Simonet: Item 1. The 1958 Dodge three-quarter pickup truck was temporarily repaired, but Ron does not believe it warrants fixing. wasn't that going to be traded in? City Engineer: So far it's operating, but we don't know for how long. Councilman Simonet: Can you hold it together until we get the budget together for next year, and we will include it in the budget? City Engineer: I don't know if it will hold that long. We have an opportunity to get a 1958 Ford (from Paul Doerr) it's a bigger truck, in good condition, for $550.00. Councilman Simonet: ,uld he take this as a trade-in and $550.00 besides? City Engineer: Yes. Councilman Simonet: One of the reasons you considered this offer is because the aerial ladder we have would not fit on the present truck: on Doerr's truck the whole unit would fit, is that it? City Engineer: Yes. we could probably have it mounted on this truck for less than $50.00. Councilman Simonet: would that be your desire - to get Doerr's truck? City Engineer: well, Mr. Stevenson was under the impression that we would rent him an aerial ladder to enable him to paint the lights, but now we can't because the aerial ladder won't fit on the truck. I am not in favor of picking up another 58, but.. Councilman Nolde: If we were going to go out and buy this truck...what would it be without the ladder? City Engineer: I don't know. Councilman Nolde: What is the aerial ladder worth that we have? City Engineer: A used one is about $300 or $400. I can't see where we are accomplishing an awful lot just trading year for year, but the truck we have is not adequate. The carburetor is shot. Councilman Nolde: Can't you use a carburetor from a different truck? Councilman Powell: Can't you get a carburetor kit? City Engineer: This is an oddball; we can't find anything to fit it.' Councilman Simonet: I am sure you can handle it any way you wish, Ron, it's just the way the rest of the Council wants to handle it. City Engineer: The truck isn't worth putting $300 into it. Councilman Simonet: Let's hope it holds together until the budget comes up again and then we will probably get a new one. Item 2. Hall Equipment Company made some repairs on the grader and they figure it will be about a year before the gears have to be replaced. A new grader would probably cost about $8,000 or $10,000.; this is just for informational purposes. Item 3. The street sweeper will need overhauling when not in use during the winter season. 482 (Septen ber 15, 1964-continued) • • Item 4. Dave Harrison is now on a part time working basis as of September 1, 196E4. (attending River Falls College) Iteam 5. George Paul is attending a short course at the University of Minnesota on Dutch Elm Disease; we did not have time to get an o.k. from the Council on thus. Iteen 6. Mr. I. A. Bergen is requesting that a culvert be put in under the street in his new division. Cifty Engineer: his was mentioned previously; we have furnished culverts to othtex people. If you want us to go ahead and order the culvert, we will do it. i- Councilman Simonet: How much is a culvert? Cityy Engineer: This would be about $100.00. Councilman Simonet: You had better go ahead and get it then; I would suggest that you do it. 'teem 7. To take test borings at McKusick Lake Dam would be about $600 to $7000; the engineer says it would be to the City's advantage to do it. Mayvor Charlsen: Didn't you say it would cost about $100 or $150.? City Engineer: That was a very rough estimate and a bad guess on my part. The wavy I feel about it is that I would like to know for my own personal satisfaction; is the fill down to the hardpan, or how much more fill do we need? Councilman Nolde: I would say we are holding our own; what's giving us trouble nowv is the water. Cit._y Engineer: No; it's not the water. Councilman Powell: Do you believe that putting the fill on the dam is what is cau::sing the muck to come up? Cittr Engineer: Yes. Councilman Powell: Then we could spend all the money we want and all we would have is muck. Cit:_y Engineer: We could only have to go down two more feet before we get to the endl of the muck. Councilman Powell: How many yards of dirt have you put in there this summer? Cityy Engineer: About 20,000 yards, not including rubble, tree stumps, etc. Councilman Simonet: You feel then that it would be worth the expenditure for theuse test borings now? Cityy Engineer: I think that we are gaining by it; I would like to know just exao.ctLy where we are. Councilman Simonet: It would be my recommendation that we take the borings as you indicated. Councilman Powell: I move that the City Engineer be instructed to take test boriings as needed. Cousmciiman Simonet seconded the motion. Cityy Engineer: To this date, McKusick Lake Dam has sunk approximately one foot since August 19th from the outfall creek to the West. • • • • (September 15, 1964-conti3yg43 • • ns :Item 8. The City is going to obtain an option on land (from N.S.P. Company) and Ikon suggests that we obtain the option on the same acreage and the same area that 'the City got from Skooglun. IFlayor Charlsen: This was discussed with N.S.P. officials; Ron seems to think it .would be better to keep it on the high ground. Councilman Simonet: As far as trading on the option, I don't think it's any problem - just get it where you can. City Engineer: It was agreed that they would furnish the City with a contour map of the area; we have never received it, and Bannister has not received anything. that is why I stated we should take the same two acres; we know what that ground is - it is primarily high ground. Councilman Simonet: We just released our option that we had from Skooglun; there has been no performance on their (N.S.P.) part to trade land. City Engineer: That is because we haven't told them what land we wanted. Councilman Simonet: Why don't you tell them what you want, Ron. Item 9. The Everett Street Bridge lights are not working; the Engineer says it would be in the best interests of the City to replace them with new ones. How much would this be, Ron? City Engineer: A complete package would include posts, etc. and would be about $532.00; probably we would have to have a new control panel. The lights are not working at all. Mayor Charlsen: Why don't you look into it and get some actual costs? Councilman Simonet: Decide on how you want to handle it and give us some kind of an idea. Item 10. The Engineer would like authority to televise our main sewer on Main Street from Pine Street to the lift station on Nelson Street. There are a large number of bricks and rocks going through; by doing this we could avert future trouble; it would probably cost about $900 to $1,000. City Engineer: Everytime it rains they are pulling bricks out of the lift station; they have to be coming from someplace. Councilman Simonet: What would you do if you did have it televised? Would you have to patch it? City Engineer: Yes; we could dig it up and patch it. We have no idea where it is - the sewer was laid in 1887. If all of a sudden we have some big rain storms, Nelson Street could cave in: Councilman Simonet: Have you been noticing that this is gradually increasing? City Engineer: Yes; they are mortered bricks. Councilman Simonet: It would be a lot cheaper to find out if you can do something about it now. Councilman Iverson: Do you feel it should be done now? City Engineer: I feel it should be, yes. Councilman Powell: Do you feel you can handle the work yourselves after you find the trouble? City Engineer: We may have to rent a backhoe. Councilman Simonet: I move the City Engineer be authorized to contact American Pipe Television Units to explore these two sewers. • • 4 (September 15, 1964-continued) • • Councilman Powell seconded the motion. Councilman Nolde: There is a new firm doing this; maybe you could contact them and then get bids from both firms. C:Lty Engineer I can write to them and have them give me some costs. Item 11. This is the matter of aerial photos of the City of Stillwater which i_s mentioned under Unfinished Business. You mentioned in your report, Ron, tchat you would prefer to check with Chicago Aerial Surveys before proceeding. C:Lty Engineer: Yes; they (Mark Hurd Aerial Surveys) wanted $135 for a mosaic; perhaps I could get a little better price. 6buncilman Simonet: Check that, Ron, and report back on it. I:tem 12. The City Engineer has submitted reports on the estimated cost of 1i:totalling storm sewer on South Grove and South Hemlock Streets between West OOLive and West Oak Streets. He set forth in his report that two possible ways o.E constructing the sewer exist; one of which is that the sewer line would r'-an from the existing inlet on the west side of South Grove Street south along tale boulevard to the unopened portion of West Oak Street; thence west along tape West Oak Street right-of-way to the existing inlet at the intersection of South Hemlock and West Oak Streets. This method would require construction eaasements from two property owners. The other possibility consists of running t1Ne sewer line from the existing inlet on the west side of South Grove Street aocross private property to the boulevard of South Hemlock Street; thence South along South Hemlock Street to the existing inlet at the intersection of South Hemlock and West Oak Streets; this method would require permanent easements from seven property owners. Ciity Engineer: The Council promised these people in the area some relief and I think they should get it. Councilman Simonet: We have to come up with approximately $6,000 for this? Councilman Nolde: This is an ostimated figure; if we advertise for bids we could find that it would be $1,500 less. Cfity Engineer: It could also be $1,500 more. Councilman Nolde: I think we should advertise for bids and get this thing going. Maayor Charlsen: That is alright, except I think we should have the money to paay for it first. Councilman Simonet: Could we carry it over and put it on our budget for next yeear? Councilman Nolde: We promised the people we would do this work; if we continue to tell them we will include it in next year's budget... I would like to make a notion that we go ahead and advertise for bids. Councilman Iverson seconded the motion; Councilman Powell was opposed. Councilman Simonet: Which plan would you want Ron to use? Isn't it your recommendation to go down on Grove and West on Oak? Ciity Engineer: I have no recommendation. Masyor Charlsen: Why wouldn't you have a recommendation? Ciity Engineer: Construction would be easier with the easements across private property, but... Councilman Simonet: Don't you have some kind of leaning toward staying in the street? • • • rTh (September 15, 1964-continup0)— • • Councilman Nolde: I think he should Say in the street. Mayor Charlsen: Where is the money going to come from before we go any further? Councilman Nolde: We are going to be coming into the new year and we are going to ime in debt; we will have to appropriate money and we will have to try and make. arrangements to get it from the sewer revenue fund. Iterm 13. The County Engineer would like a more preferable method of controlling tra::ffic on County Road No. 5. Cit•y Engineer: Mr. Erickson called me today: he is not in favor of a complete fount -way stop, as you gentlemen know I am not. He said that if the State does not. go along with them, he would rather try to have the type that would open up onl:.y when school is in session; I am not in favor of that. Councilman Simonet: In other words, he is not in favor of this? Cit-:y Engineer: That's right. I am more in favor of yellow flashing units. Councilman Iverson: Can we put permanent stop signs in? Cit:.y Engineer: I think he would go along with temporary signs. Councilman Simonet: That is all I have; it was certainly a good report, Ron. Councilman Powell: I have no report other than the fire chief's written reports conncerning activities of the fire department. Counncilman Iverson: I have nothing to report. Man'or Charlsen: I have heard rumblings that the Brown's Creek property is being sold. Cousncilman Iverson: I haven't heard about it. He was going to let us have first shoot. Couoncilman Nolde: The bathing beaches have been shut down for the season; we had9 a pretty good year - no accidents. Coamcilman Nolde: Charles Thompson will not be here this evening, and he asked me to ask the Council if, when Krelitz's (Reed Drug Store) are ready to start buiilding there will be some problems with setbacks on the property; should he reefer plans to the Planning Commission or is the Council going to handle it? Mayoor Charlsen: I think he should give it to the Planning Commission. Councilman Nolde: It is our recommendation that when the plans come in we should turn them over to the Planning Commission. Mawor Charlsen: There will be a meeting on October 1, 1964, at Excelsior, Minnesota; it is a Municipal Street Lighting Conference; you have all been informed of this meeeting. • • • 486 (September 15, 1964-continued) • • • Also, you gentlemen all have a set of rules and regulations on the Police Department; have you read them? Councilman Iverson: Frankly, I think they could be written much better; there are a lot of omissions and a lot of repetitions. Mayor Charlsen: A training course will be available to police personnel in October at the melen Youth Center - do any of you have objections to the local police and auxiliary police taking this course? Councilman Nolde: Not as far as I am concerned; I move we approve this. Councilman Iverson seconded the notion. The meeting adjourned to 7:30 P. M. (This portion of the meeting closed at 6:17 P. M.) 7:30 P. M. - Meeting Reconvened PETITIONS From I. A. Bergen and Celia K. Bergen, President and Secretary -Treasurer respectively of Local Realty, Inc., asking the City Council to vacate a part of Bast Willow Street in the City of Stillwater. The Clerk stated that the petition was in proper form for Council action. Councilman Powell: I move that the petition be declared adequate and filed with the Clerk. Also, that he advertise for a hearing on the petition, to be held on the loth day of November, 1964. Councilman Iverson seconded the motion. Prom T. & L., Inc., signed by Gordon Larson, President, requesting installation of water from the termination of the existing watermain at the intersection of Fairmeadows Road and Laurie Lane, running thence Easterly along said Fairmeadows Road to the intersection thereof with Hanson Place, thence Southerly on Hanson Place to the termination of the existing watermain opposite Lot 29 in said Fairmeadows No. 1. Councilman Nolde: Isn't this a matter that came up once before? I believe at that time, when the street program didn't go through (Local Improvement No. 42) we felt we wouldn't do any small repair jobs as we would have to sell bonds to finance it. Mr. Gordon Larson: If I may, I would like to offer several points of informa- tion regarding the discussion on improvements held previously in the year. That was a different area; the area to be serviced here comprises nine lots, four of which have been sold, and three of which have been sold for future use. The lot we recently sold on Saturday, theowner would like to build his home there immediately, and this is the reason we have petitioned for water service at this time. This area is served by City sewer, but is lacking water service. City sewer is on an assessment basis in this area. • • • • (September 15, 1964-continued) 487 • • Councilman Powell: It seems to me that if this area that serves nine lots is going to be done, we will have to sell bonds to finance it and this is contrary to the subdivision ordinance; how are we going to follow the ordinance if we continue to do this? It was felt that this should be done and done correctly so that your lots would have sewer and water whether they are sold or not. .Mr. Larson: What is the position of a lot owner on Fairmeadows Road who wishes to build a home and have water service and he already has available to him city sewer? :Councilman Nolde: The water department is completely separate of the City. lir. Larson: 1 understand that the water department is separate from the City, :and the City does not have jurisdiction over the water department; my question :is, what does the lot owner do? Does he go to the water board in this case? I aan asking only for this particular lot at this time, although we have petitioned to serve the other eight lots. These people will eventually build homes on those lots. Mlayor Charlsen: This property was platted prior to the institution of the ordinance which we have at the present time. Councilman Powell: You have Fairmeadows No. 1 and Fairmeadows No. 2; which is tibia lot in? itt. Larson: The lot to be serviced is across the road in Fairmeadows No. 2. C:Uuncilman Simonet: The City is not in a position to service any of these lots at tlhi.s time of year by just running water in them; in November we can go ahead with a: project and provide the whole area; isn't it your understanding that if we have tHhem in by November we can float a big enough bond to provide for them all? Mar. Larson: I am here this evening to find out definitely what I can do about buuilding this home. Councilman Nolde: Now many feet would we be talking about? Ciaty Engineer: I would say just roughly, about 600 feet. Goordon Larson: 600 feet would include the entire area. Ciity Engineer: It will cost in the neighborhood of $4,000; we would have to in- stall -hydrants. City Clerk: I believe the request should go to the water board in the first inastance and if the water board decided to go ahead with the project, they would come to the Council and request that the Council handle the financing for them. Co':ancilman Iverson: Isn't it better to do this along with the yearly work when we: have all the budgets lined up? Corunellman Powell: where is a good logical place to draw a line as to what we are goting to do, and what the developer is going to do? There should be some understand- incl.; for Mr. Larson; this is a situation that is hard to handle. couancilman Nolde: This would be up to the Water Board to install the water, 'iusldn't it? Citty Engineer: It is under their jurisdiction. couuncilman Iverson: Financing at this time of year would be expensive. wouldn't it?? Cit=y Engineer: Yes, it would. can,- Clerk: Certificates of indebtedness could be sold at our local banks at the rate; of about 6%. CourmciLman Nolde: Is it true that we are going to have to have a public hearing? es City Clerk: Yes. • • 488 (Septemtter 15, 1964-continued) • • Councilman Powell: It is my suggestion that we think seriously of having Mr. Larson go to the water board and if they find it favorable, we can go ahead with this improvement, but Mr. Larson and the City should get together and reach some understanding as to what will be done in the future. Couldn't we hold up on this until next spring because it would be a hardship on the buyyer and the seller. If we put it in the bond issue next year, I don't think there will be any hardship on us. but I want it understood that there will be a czutting off date. Mr.. Larson: The reason we are asking for assessment procedure on this service is because in this day and age of financing, it is much easier for a potential home owner to pay for it over a period of time. Councilman Powell: If someone builds a new house, you just add that to the price of the house and he is paying that to the bank, isn't he? Mr., Larson: No; assessments are in addition. They do not have $3,000 to put down, but they do have the monthly income to make these payments. Ma•:ror Charlsen: The recommendation is that you go to the water board and then co:.nverse with the city engineer about future work. DEa.EGATIONS OR INDIVIDUALS Mr'. Gordon Smith 51-14 South Hemlock Street I represent a group of citizens who live at the bottom of Pine Street Hill. What we are interested in doing is to, first of all, organize some means of geettting our children up the hill to the Lily Lake School; traffic is hazardous arms the hill is not paved. We decided to do something about this so we called a meeting of all of the people in the area. In addition to what we have re- quoested of the school board, we have three requests to make of the City Council. Wes would like to have suitable traffic control signs posted on the Pine Street Hill'. We have requested a school patrol from Mr. Campbell, and we would like a sttop sign at the top of the hill on Pine and Borup east on Pine, and stop signs att Borup and Pine, North and South on Borup, and a sign at Borup and Seeley that would delay traffic until all clear of pedestrian traffic. There are no side- walks and the kids have to walk up the side of the street; such a system of signs is used by Washington School and we think this would work very well here. I have talked to Mr. Campbell of the school board, and he suggests that signs should deetour traffic either left at the top of the hill, or left at the bottom of the Mill. The signs should state that when there is pedestrian traffic on the top oil the hill, the school patrol will take kids to the top of the hill, the wording off which would be up to the engineer. We would like to delay traffic while tltere are pedestrians on the hill. Our second request we would like to make off the Council is for a strict enforcement of law regarding speeding on Pine sttreet from Seeley to County Road 5. What we feel is strict enforcement would imiclude periodical use of electric speed indicating traps so that they will obey tzraffic laws and approach with care. If we could get this periodical strict ernforcement, speed would be eliminated or minimized and it would be very quickly rsealized that speeding is not a deei'_able thing on this street. Our third reequest is getting action started directed toward paving Pine Street to County H_:ighway 5, and installing pedestrian traffic facilities so that we can get our k:.ids up the hill. I. have called the property owners who have property along the area affected, and awe near as I can tell, I have contacted all of these people, part of them are hcere and others have indicated their willingness to initiate such an action. Thtey are Nr. Robert Thueson, Frank zeuli and Ted Letourneau. This will be ex- pensive: therefore, it might be required that financing be spread over a broader base than what might normally be done. Pine Street is a state aid street. I wish to thank you for hearing us. We are in no way being critical of the City Cuouncil; we believe in taking action ourselves in solving some of our own problems and we are willing to help the Council in any way we can to get action on this prroblem. • • (September 15, 1964-continued) 4(e“.) • O Mayor Charlsen: You think stop signs will slow the traffic down? Mr. Smith: Yes; we also hope it will slow traffic down coming down the hill. The stop sign woad be back from Borup Street. Councilman Iverson: I was at their meeting and they discussed all facets of this probl•.em: the object of the school patrol would be to keep traffic off the hill while: they bring the kids up. Mr. SGnith: Mr. Campbell has agreed to set up school patrol so that kids would go in a group during the noon hour, but there would be individuals going up and dcwn.. The kids are encouraged to bring their lunch to school; it should work very well. Councilman Powell: Did you think of the possibility of having it blacktopped half way to the south side of Pine? Mr. SSmith: It would seem to me that the whole undertaking would have to be done at orrice; in the wintertime it will be dangerous. Mayon Charlsen: There are some property owners here tonight who own property on Pinefl what would they think of having Pine street paved? Mr. Iiarold Pauley: I am in no position right now to pay any assessments; I can't get my lots sold; at the present time I am not prepared for it. t Mr. Peterson: Oneert ohasn'tmain beenthings good and aswater farsasputtingrinlcurbcoming and gutter, /ther:e.mcul My propertY y I wosuldn't think it would solve a thing. Mayor Charlsen: You don't think you would be interested in a street at the present times? Mr. Nick Dunker: I suppose sometime it will have to be done; that is all I can say-. Ms. Donald Junker: I can see it being done sometime, but I am in no financial posiition to pay for assessments on a blacktop job now. Mayoa.r Charlsen: Mr. Thueson called me tonight; he said he would not be in favor of ?having Pine Street blacktopped. Mr., Smith: We realize that it would work a hardship on abutting property owners, wi�uhltheomainhave problem.e Thedone schooltboardonce. isThere installing lot sidewalk from Pind e to the school, but something else has to be done. Admittedly it would work a hardship on the property owners. It seems to me that certa:ly this is a logical place to spend state aid funds. Mayyot Charlsen: Do you think it would do any good to cut off Pine Street hill; putt a barricade at the bottom of the hill and at the top of the hill? Mr., Bud Jagusch: I live at the bottom of the hill. The main problem concerns he nt th•,roughetheowhole schooledistrict. Itdon't sknow ecouldout whypropertowners on that particular stretch should be assessed for the whole thing. Mr:. Arlo Nordby: Would the property owners on Pine pay for it entirely? The rest of the hill would not be constructed by State Aid funds? Ciity Engineer: If state aid funds are used, it would have to be for the entire hull. Mrr. Nordby: As far as assessing the general area, I frankly do not want to be be asasesed on just a e of fz3ceilsby thetpropertysowners F onkthat sparticular s stretch mjust nasg twetto has did onour sttreet. mzuyorerharlSen: How long it atakettoagetsaneanswer on the question as to • • • 490 • (Sepptember 15, 1964-continued) Mr. Richard Knowles: If no use of State Aid funds have been used on this street thus far, why continue the state aid street? Mayor Charlsen: I wonder if you would talk to the City Attorney, Ron, and check the matter of barricading the street. City Attorney: I can check it out and see if there are any previous opinions on this. I will work it out with the City Engineer. Councilman Nolde: By resolution we could take that section of Pine Street off as far as state aid is concerned. City Engineer: If you took that section off you would have to take everything from Seeley street west. Mr. Smith: Couldn't you barricade the hill immediately? Councilman Nolde: If we can handle it, I would like to make a motion that we install the stop signs. councilman Iverson: I will second the motion; also add some type of control signs. We have to worry about being inside the law. City Engineer: As far as prohibiting traffic on the streetas long as there are pedestrians on it I would say that you probably cannot do that, but I will not make a definite statement on it. Mr. Wilfred Antell: Does this just pertain to any type of signs or just the signs prohibiting traffic? City Engineer: You can stop traffic on any street, but as far as prohibiting traffic completely, I don't think you can do that. me. Smith: Can we expect to have more stringent enforcement on speeding? Chief Sanders: We will try to relieve it. me. Nordby: I don't think stop signs are going to be the answer. I wonder if you could check into the length of time a street can be blocked off during the day. I can't believe that for the safety of children they would be critical of this. City Engineer: I wonder if we wouldn't be farther ahead to post that at 15MPH or 2DMPH and put below that another sign saying, 'steep hill -pedestrians crossing'. Mr. Smith: I think we do have a competent city engineer; we have made suggestions here, but we are certainly not going to say that you have got to do this. per- haps Mr. Ehlinger could take a look at this and we will go along with what he suggests. There is a problem with speeding - I am not sure that a 15MPH sign will take care of that, but I am willing to try and see. Councilman Nolde: I move we put stop signs on the West side of Borup on Pine street and North on Borup. Councilman Iverson seconded the motion. Mayor Charlsen: Change that to two signs. Refer this to the City Engineer to ,put up the necessary signs. .Mr. Smith: If you can find a solution without using all those stop signs, we •will go along with it. Tfhe City Attorney reported that Mr. Winston Sandeen, who was to have appeared et this meeting, would not be in town until the 6th of November; in the meantime, hie stated that he and the engineer would continue to gather data on the matter coif the Brick Street sewer - Swager Bros., and no action could be taken until M4r. Sandeen returns. • • (September 15, 1964-contiqu d) 4 1 a • At a, previous meeting, Mr, Burt Rivard had asked to be informed of the next Council meeting; therefore, it had been anticipated that he would be in attendance at this meet_:ing to discuss the damage to his property alledgedly caused by a fire started at tlke city dump; he was not present. The .City Clerk was directed to send a copy of the Rivard claim to the City Attorney. Mr. :Kermit Mohn 501 Ir. Greeley In regard to the petition I presented to the Council at the last meeting (St. Peter's United Church of Christ) Mayoxr Charlsen: One of the Councilmen was going to go and talk to the abutting property owners. Councilman Iverson: it seems that there is a majority that are violently opposed to tills annexation because you requested the vacation of Second Street; they felt the ochurch didn't have enough property to build on. Mr. Mhohn: Is it up to them to determine whether we have enough property to build on, onr is it up to us?: The petition we presented was for our property only. If we were asking for the whole area, we would ask the adjoining property owners. Mr. INierre Fantini Oak Hark Is Stt. Peter's Church asking for vacation of Second Street? That belongs to the towns -ship of Oak Park. Mr. M!bhn: The street is vacated; a public hearing was held and all the necessary papers were signed. Mr. F?antini: There was never a public meeting: Mr. ltbhn: Yes, there was. Mr. Frantini: No: I'm sorry. Councilman Nolde: At that time, did they know they were actually giving the property to the City of Stillwater? Mr. Mrbhn: I believe a comment was made at that time. Mr. FSantini: Can I ask you when all of this took place? I have been treasurer down there for six months and have attended all of the meetings. Mr. 1 hn: I have all the paper work at home and I can refer you to our attorney. Mr. F.*antini: Mr. MoClear is one of the supervisors of Oak Park Township and he said Ike never signed any papers on the vacation of Second Street. counc:11man Powell: It seems to me the logical thing to do would be to have St. Peter 's Church get all of the papers together and have a meeting. If they show where. the street was legally vacated and there are not too many objections, I don't think : you can call it giving the street away. Would you be willing to continue it to the next meeting? Mr. Man: We have one -quarter of that street that we are asking to be annexed; the ottiter three-quarters would remain in Oak Park. If we can get this settled in a rmonth or so to everyone's satisfaction, another month won't hurt us. Mayor Charlsen: Would you mind coming back at the October meeting on the 6th of October and bring all of your information on it. Mr. Mohr: In the meantime I might ask the status on the petition. Mayor Charlsen: it is being held in abeyance. • • 492 (September 15, 1964-continued) • • Mrs. Sohn: Does our petition have any bearing on the vacation of the street? — Maayor Charlsen: There shouldn't be any problem that I can see. Ceeuncilman Nolde: Just the problem of the City going down there and main- taeining a road with no liability and no tax coming in: Mn. Ray Loida 3031 Stillwater Avenue I have a septic tank that has been plugged up for three years and want to know if anything can be done about this. Ciity Engineer: I can answer this question; we did go up there one time with tine sewerroder; there is no record of where the sewer is; however, Ray Zoller di.id find out from one of the older residents of the area where it might be. Zoeller placed a stake on it and as soon as we can get a couple of men up there wee will dig that up and we will at least know where we are going. Mr'. Loida: What happens if it is broken up in there? Ciity Engineer: We will replace it. unnrl!ISMED BUSINESS Thce City Engineer was asked at a previous meeting to investigate the matter of th•e parking lot south of the Stillwater Auditorium Building. (lot recently acoquired by the City of Stillwater). He reported that seven cars could be placed in this parking lot. Mayyor Charlsen: Do you have any meters laid out for that lot? Mr.. Donald Harsted Pamlc-O-Meter Company Tees, a couple of years ago we did, but I don't think we had the right measurements. Mayyor Charlsen: Well, Gentlemen, what are we going to do with it? Counncilman Iverson: Lease it out. We should get some revenue on it. Mayyor Charlsen: I will check into the possibility of leasing it. At the August llth meeting of the Council, Mr. James Woidemann directed a letter to the Council requesting that they reconsider an adjustment in his sewer rental chearge; the Council denied this request. It was subsequently learned that the Coujjncil had approved this request at an earlier meeting, but Mr. Woidemann had noe been informed of the adjustment and was unaware of the Council's action at thast time. Counncilman Iverson :roved that the original Council action stand. Councilman Monde seconded the motion. (Jaanes Woidemann sewer rental charge reduced from $10.20 per quarter to $6.20 per' quarter as originally stated in Council minutes of May 12, 1964). • • • • (September 15, 1964-continu l q,i9 • n The Clerk reported that a replacement had not been named for Mr. Robert McGarry cn the Recreation Commission; Mr. MtGarry's term expired on April 7, 1964, Councilman Nolde: I would like to suggest Mr. Gordon Smith who was here this evening. He is very active in Scouts and has taken an active interest in the youth of this area. I talked to him about it and he seemed to be interested in it. Councilman Powell: There is no question that he would be a good man. Let's talk to him and if he approves we can make it official at the next meeting, NEW BUSINESS Notice of Claim against the City signed by Burt H. Rivard in the sum of $500.00. (copy of claim mailed to the Krog Agency on 8-14-64) The Clerk reported that a notice had been filed in his office, signed by Mabel Richert, who claims she suffered injuries as a result of a fall on a rough surface sidewalk on the East side of Main Street, South of Chestnut Street. (copy mailed to the Krog Agency and the City Attorney on 9-4-64). On motion of Councilman Nolde, seconded by Councilman Powell, the following insurance policy was approved: :Insurance Policy #3-72-70-68, issued by the Planet Insurance Company of Madison, Wisconsin, covering City buildings in the sum of $42,100 against fire, lightning :and extended coverage, for the period 9-1-64 to 9-1-69; premium - $655.00. (this policy covers a pro-rata of the following amounts of insurance on property odescribed as follows:) City Hall $35,000.00 City Hall - Contents 5,000.00 Fire Department 67,000.00 Fire Department - Contents 11,500.00 Public Library 52,000.00 Public Library - Contents 40,000.00 BOBco-insurance applies to buildings. Mayor Charlsen: This sure is a dismal picture. c:Lty Clerk: This appraisal was made some years ago; it must be six or seven years am:. The figures are probably way off by now. MJayor Charlsen: I would suggest that the Council take a long look at it in that tlkey have a new type of insurance now called institutional insurance. Coouncilman Iverson: When we discussed this last, it didn't seem like we had entough coverage. Ciity Clerk: May I suggest that perhaps it is time to have a new appraisal made. While we are on the subject, our back vault contains records that could never be replaced and I think we should seriously consider looking into a contract whereby we would have them microfilmed. Coeuncilman Iverson: Why don't we check into the cost of having the records microfilmed? I move we find out the cost of microfilming records. Co'.ancilman Powell seconded the motion; Councilman Nolde was opposed. Councilman Iverson: I also move we have a new appraisal of our insurance coverage. • • • !494 (September 15, 1964-continued) Mayor Charlsen: I think that any insurance agent in town would be happy to call in one of the companies he sells for to make an appraisal on evaluation and then we could advertise for bids specifying the coverages as listed. The City Clerk could call any one of them and ask if they are interested in making an appraisal of it. Councilman Iverson then added to his original motion that the Clerk be instructed to contact insurance agencies in town and inform them that the City is interested in receiving appraisals of buildings and contents. Councilman Powell seconded the motion. City Clerk: I don't think I should be the one to contact the insurance agencies; I would like a little direction on this. Maybe the insurance men could sit down and figure it out among themselves. Councilman Iverson: Should the Clerk be directed tc. advertise for appraisals? Councilman Powell: Why can't we just say we are planning on reviewing our insurance and would like to have an appraisal because we feel our valuation is too low. Write a letter to all of them. City Clerk: Would this be advisable? Why not get someone who is an independent appraiser and then use these figures for the bids? The City Clerk was then directed to write to all insurance agents in the City who might have an interest in appraising the City buildings and contents. The Council then discussed the natter of advertising for bids on blacktopping of recently acquired parking areas, and also maintaining same. Mayor Charlsen: I asked the engineer if these lots should be allowed to set over the winter; he said no, we could go ahead with it, so we should advertise for bids on coating or blacktopping, -.nd we have to advertise for meters also. City Engineer: If you are going to talk about surfacing, what are you going to do about Commercial Avenue? Councilman Iverson: Are we going to vacate that first? Mayor Charlsen: The consensus of opinion when we started this was that we would. Maple Island was going to go along with it, but I see that Maple Island has purchased some property. ilr. Donald Harstad: One plan would be to leave Commercial Avenue as it is now and end up with three lots, or vacate Commercial Avenue and have two lots. City Engineer: It would be my recommendation that there be no exit or entrance on Main Street at all. The Council can do as they see fit, but I will not recommend that you vacate the street because of the conditions which exist. It would be better for the parking if we did, but I wouldn't recommend it. Councilman Nolde: How many cars altogether are we going to be able to park in the lots? Mr. Harstad: About 117 cars. Councilman Powell: The parking that we have available for 117 cars; do you Eeel that this is adequate to relieve the situation? City Engineer: I don't believe we will take in enough money to pay for the east of maintenance on the parking lots. jir. Harstad: One of the problems here is that the lots are not geared for .choice shopper parking. !Mayor Charlsen: What do you think about closing off Commercial Avenue? • (September 15, 1964-conti ed e • '— Cooumcilman Powell: It is my opinion that we not close off Commercial Avenue. Councilman Simonet: We can always close it off; I think we should try it the way it is now. Councilman Iverson: Yes. Councilman Nolde: Yes. Mayor charlsen: Alright, then, we will not close Commercial Avenue. Engineer, can you prepare specifications for blacktopping? ciity Engineer: Yes, sir. We could advertise for all of them at one time and noot put a definite time limit when it has to be done, and we could still get it under the same bid. Councilman Powell: I move we advertise for bids on blacktopping and that the engineer draw specifications to include all parking lots to be done when they arse able to do the work. Covuncilman Iverson seconded the motion. Councilman Powell: Leave it up to the engineers as to what to do. Councilman Iverson: I move we advertise for parking meters with coin boxes. Councilman Powell seconded the motion. Thee Council then discussed the matter of acquiring property located west of the Peaaslee garage building, now owned by the City, Councilman Iverson: The last thing that was done was that Vacil was going to tallk to Mr. Welschons, Councilman Simonet: I suggest you refer this to the parking committee; let them decifde if they want to buy it or not. Let them negotiate with Peaslee on it. Councilman Nolde: I make a motion that we turn this problem over to the parking committee to see if they can negotiate with Mr. Peaslee, Counncilman Iverson seconded the motion; Councilman Powell was opposed. The Clerk was then directed to write to the Parking Committee and ask them to compoly with the Council's request. On motion of Councilman Nolde, seconded by Councilman Simonet, the following bond was :approved: Bond in the amount of $5,000.00 covering the Moelter Construction Company for the purpose of making excavations in streets, alleys and public grounds. On motion of Councilman Powell, seconded by Councilman Simonet, the following substxituted collateral, pledged by the Cosmopolitan State Bank to secure City depossits, was approved: $55,000 U. S. Treasury Bonds 1964; Coupon Bond 4% dated 10/1/57 - due 10/1/69. 10/1/64 with S.C.A. No.s 120802-6 at $10,000 each; 40969 at $5,000.00. • • • ( 496 (September 15, 1964-continued) • • Thee Clerk reported that a notice of Claim against the City had been filed in hiss office by Neumeier, Rheinberger, Eckberg & Kimmel, attorneys at law, repq esenting Walter Reichow and Helen Reichow, next of kin and parents for Davvid Reichow, in the sum of $7,500; a copy of said claim was mailed to the Kroog Agency on 8-20-64, and a copy will be mailed to the City Attorney as welil. On motion of Councilman Powell, seconded by Councilman Nolde, the Building Inspector's report covering activities during the month of August, 1964, was appproved. On motion of Councilman Powell, seconded by Councilman Nolde, Paul Glaser was appointed an Auxiliary Fireman on the recommendation of Fire Chief Lawson. (Mn. Glaser resides at 1321 South Fifth Street). Citfy Clerk: Mr. I. A. Bergen would like the Council's approval of a preliminary pleat on Lakeview Terrace. Counncilman Simonet: Al, this is just as we discussed it at the last meeting, rig4ht? Mr-. Bergen: That's right. Councilman Simonet: I move it be approved. Cotamcilman Powell seconded the motion. O2ZD:NANCES The First reading of amendments to the building ordinance was carried over to the next regular meeting of the Council. On motion of Councilman Nolde, seconded by Councilman Iverson, the Clerk made thee first reading of, An Ordinance Amending An Ordinance Regulating the Sale of Intoxicating Liquor; Repealing Inconsistent Ordinances, and Providing a Penalty for the Violation Thereof. On motion of Councilman Nolde, seconded by Councilman Iverson, the second reeding of an ordinance on Dutch Elm Disease was carried over to the next regular meeting of the Council. Citty Attorney: Do I have the Council's permission to bring the State Trsaffic Code up to date? It hasn't been brought up to date since 1945. Co:nmcilme Iverson: I move the City Attorney be directed to bring the traffic ordnance up to date. Councilman Powell seconded the motion. • • • (September 15, 1964-continued n - RESOLUTIONS rte following resolutions were read and were on roll call unanimously adopted: L. Directing the Payment of Bills. Z. Accepting Work - Demolishing Buildings for Parking Facilities. Authorizing Payment for Storage of Voting Machines. 44. Authorizing City Clerk to place question of tax levy for advertising purposes on ballot. ARDJWRNMENT COn motion of Councilman Powell, seconded by Councilman Iverson, the meeting aadjourned at 11:45 P. M. flattest: City Clerk Mayor • e e • Co•ancil Chamber Stillwater, Minnesota September 30, 1964 1:00 P. M. Spcecial Meeting Th:e meeting was called to order by President Charlsen. Present: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. Abosent: None Aliso Present: Mr. Frank Knapp, Real Estate Division, Post Office Department; Mr:. Maynard, General Services Administration, Kansas City; and Mr. Louis Sauvageau, St=illwater Postmaster. Masyor Charlsen: This meeting was called to discuss a new post office; Mr. Maynard, I 'believe you have an appraisal on a new post office. Mr:. Maynard: It was my understanding that the post office would exchange propperty with you if it could be done; on that basis I went ahead and got the apepraisal; since that time, the post office department has a different attitude in: the matter. They want to obtain an option on the City Hall tract rather than a *direct exchange of property. The mechanics are just a little different. Actually, I .sm not in the same position I was in when I talked to you before; still, I think th.:ere is a post office for sale and the post office still wants to obtain the citty owned tract for their new facilities. Ma•:yot' Charlsen- How did the appraisal turn out? Mr Maynard: From our standpoint, my roll now is simply disposing of the old post of:'fice and I really have no stake in this acquisition of an option by Mr. Knapp's peoople. All I am doing is disposing of the old post office, which I can do by neegotiated sale. As far as dealing on this tract of land, I don't have any stake in. that: I am talking differently than I did last summer. Coeuncilman Nolde: How much would you be asking for the old post office? Mr., Maynard: On negotiated sale we are restricted in who we can sell it to; I am :not at liberty to discuss the market value. I would like to know definitely thee City's feeling of what they are going to use the post office for. 2s it the intention of the City to use it for public purposes for a city hall? Ma::yor Charlsen: Right. Councilman Simonet: The contractor who looked into it gave us some idea of what it would take to convert it for use of the City. Maw.yor Charlsen: We can't do anything until we know what we are talking about. If the cost of obtaining and revamping the old post office matches the cost of a nevw city hall building, it would be pretty silly to go ahead with it. Covuncilman Simonet: Would you take the fire hall, too? Mr.. Maynard: All except 60 feet. Couuncilman Simonet: That is a problem, too. We wouldn't have as much room there as we have here. Mr.. Maynard: So, you really haven't decided what to do? Mayor Charlsen: We have to know what we are talking about in dollars and cents. Councilman Powell: Didn't we get a figure on what a new city hall would cost? • • (Sepyember 30, 1964-continued) • (2 e • City Clerk: We have three appraisals running from $140,000 to $200,000. Councilman Powell: what is the figure on remodeling the old post office? City Clerk: About $85,000. Councilman Powell: If it would cost us $85,000 to remodel it, and say we were paying $125.000 for the old post office, it would be way out of the picture as far as I am concerned. Mr. Maynard: Then it is definitely out. Councilman Powell: If you say it is out of the question, let's proceed then with your acquiring this property and maybe we would build a new building behind it. Mr. Maynard: We will offer the post office to the public on a competitive bid basis; maybe you will get a good business in there. Councilman Iverson: Does the post office still lease or do they build their own buildings now? Does the post office lease from municipalities? Mr, Knapp: We have quite a few that we lease from municipalities. Mr. Sauvageau: This would put both pieces of property on the tax rolls, then. Mr, Knapp: I think, actually, it would simplify matters if the post office department could get an option on your property; this keeps GSA out of the picture for the present time, though. Actually, we are not permitted to pay over 25% of the project cost for land - we still have to charge what it is costing the department, whether it's on paper or in cash. It's about $175,000 for the building and one/third more for the land, you would come out close to $60,000; we could stretch it to about $80,000 by taking the vale_ of the garage and adding it onto building costs. Actually, that is about our maximum figure; I don't know what the city had in mind. Councilman Nolde: If we tied in the garage we would be talking about $80,000? Councilman Powell: You would then own the property? Mr. Knapp: We would take an option on it that would run for a year; we would give you $1.00 for the option. I would have to make up a report and send it to the department; if they decide in the affirmative they would approve it and then we would go to our engineering branch. They would turn it back to the real estate branch and we would advertise for lease bids and we would take over as a tenant. The building would be tied up for a minimum of fifty years as Enr as the post office department is concerned. Mayor Charlsen: This would be a one story building? Mr. Knapp: Yes. Councilman Powell: The government would own this land? Mr. Knapp: When the bid is awarded to the successful bidder, we assign the option to him and he purchases the land. Councilman Iverson: After you have this option. if the City wanted it they would have to bid like everyone else? Mr. Knapp: That's right; that is the only way you can do it. Councilman Nolde: $80,000 for this corner is a lot of money, isn't it? Mr. Knapp: Don't take this as a promise; it is something I can send in to them, but we have got to justify to the department that the garage is useful to us. Councilman Iverson: Is it possible that the City could build this building and lease it to the post office? Mr. Knapp: Yes, if they wanted to bid on it. • • • • (September 30, 1964-continued) • Councilman Nolde: In the event that we went for this deal, would we have to put it to a vote of the people? Mayor Charlsen: We wouldn't have to, but I think it would be advisable. what percentage of profit are you allowing on these new post offices that are being built? Mr. Knapp: We use 6% in our analysis. Councilman Powell: We know we are going to need a new city hall and fire station someday. Do you want a decision today? Mr. Knapp: Would you just offer us the option with no strings attached, and then pass a resolution offering the property to the post office department for con- sideration as a new post office site for $80,000. Authorize the Mayor and City Clerk to act on behalf of the City. This would be your recommendation and I could send it in and see what they say about it. The City Clerk read from the Charter regarding the matter of selling bonds for construction of public buildings, and whether or not the public would have to vote on it. Mayor Charlsen: We would probably have to get an attorney's opinion on it. In the meantime, these gentlemen are interested in getting an option on this property; how does the Council feel about it? Councilman Iverson: If we give you an option, after you once had this option, who has control of the sale of the land? Mr. Knapp: The option would tie the property up. Councilman Iverson: In other words, we could bid like everyone else. right? Mr. Knapp: Right, but you couldn't refuse to sell it if you were the low bidder. Mr. Maynard: You can't give them a firm commitment if this has to go to a vote of the people. Councilman Simonet: I can't fathom the fact that the City couldn't go ahead and build a new city hall and fire station without putting it on the ballot first. Councilman Powell: We are having r meeting on Tuesday; can you give us until then? Councilman Simonet: I think you can see from the consensus lithe group that this is what we want to do. Councilman Nolde: We know we have to build a new city hall and fire station; if we can do it for half the cost we expected, I am in favor of it. Councilman Iverson: I want to reserve my opinion on this until I find out how this works out. Councilman Powell: I am in favor of it. Councilman Simonet: Yes; we can't go down to the old post office, and that was our alternative. Councilman Nolde: If you were to purchase this, we wouldn't be responsible for seeing that the buildings were cleared off the property? Mr. Knapp: No; if you give us the option without any strings, you wouldn't have to. Councilman Nolde: How did you arrive at this site? Mr. Knapp: About a year ago I was surveying, and this is the only place we caid get for a 25% differential. Councilman Nolde: How mnay years are we away from a new post office? • • 4 (Septembeer 30, 1964-continued) • • Mr. Knapp: About one year if everything could be arranged. Councilman Nolde: You would give us time to put up a new building before you threw us out of here, wouldn't you? Mr. Knapp: Would you say sixty days would be reasonable? Councilman Powell: That would be running fairly close. Mr. Knapp: we would like word from you to know it was going ahead so we could get the kind of plans we want. Councilman Powell: We will know what we want to do by next Tuesday. Mr. Knapp: Do you have any objections to a title insurance policy? Councilman Simonet: It depends on whether or not you want an owners policy or not. Mr. Knapp then presented several copies of the option and requested that the Council members read same. Councilman Nolde: You are not going to write in a price on the option? Mr. Knapp: It's up to you to put in the price; I told you what our maximum would be, but I will write in $80,000 in pencil. Mr. Knapp then asked the City Clerk to keep one carbon of the option andsubmit the other certified copies to him, along with a copy of the City's resolution, stating in effect that the City is approving action of offering this site at 'so much money' to the post office department for consideration as a site for a new post office building. Mayor Charlsen: We will have an answer for you by next Tuesday night. The Clerk was then directed to contact the City Attorney and request that he investigate the question raised earlier regarding the sale of bonds for public buildings. Mayor Charlsen: I said at a previous meeting that I would see what I could do about negotiating on our parking lot behind the Auditorium Theater. I told Northern States Power Company that we were willing to rent it to them for $50.00 per month, and I told the First National Bank we would rent them space for advertising for $100.00 per year. They said they would pay this $100.00 per year for advertising purposes; and, N.S.P. has said they will pay $500.00 per year for use of the parking lot. With seven meters in there it would only average about $420.00 per year, so this way it comes out at $600.00 per year. Councilman Powell: I move we accept both offers. Councilman Nolde seconded the motion. (all in favor) The matter of vacating Commercial Avenue for parking usage was discussed at this time. Mayor Charlsen: Are you in favor of closing commercial. Street if the Engineer reverts back to the original plan? • • • • (September 30, 1964-continued) • • Councilman Iverson: I am in favor of closing Commercial, but I don't go along with his plan that there be no access on Main. Councilman Nolde: I talked to the parking committee today and I explained to them the problems we have gotten into with parking lots; after talking to them, they went and sold people in the downtown area on the idea of having parking Lots with the street vacated. Mayor done. 1 There'was a readonlydweshavelto have anthat outlet on Main Street. to be done. i can't see any why Councilman Iverson: Behind Maple Island, they have all those parking lots, and there is a lot of parking in front of Hooley's; there is so much congestion; there should be some escape through there. Councilman Nolde: I informed the parking ingecocommittee thanat twey should gwe are not oing too hahave enough money coming in to pay off our this. In a year from now if we don't have the money, we might have to give up something. They should sit down and find a solution to this problem. Councilman Simonet: Ron said that to get the old truck (Hagen's) repaired, would be about $500 to $600, and he would like to advertise for bids on a new one and pay for it next year. He said we have got to get it now as they can't do anything with the old one. Councilman Iverson: Just for your own information, the question was brought up at the last meeting, "can't you even get a repair kit?", and he said, "No". I made one telephone call and you 'can' get kits for that model: Councilman Powell: Can't they put in a new motor? Councilman Simonet: I told Ron that I would bring this up and that the City Clerk would call him and let him know. The City Clerk was then directed to call the Engineer and inform him that he would - have to try and repair the old truck instead of advertising for bids on a new one. ADJOURNMENT 05 motion of Councilman Nolde, seconded by Councilman Powell, the meeting adjourned at 2:33 P. M. Attest: • Ceouncil Chamber S-;tillwater, Minnesota October 6, 1964 4:30 P. M. R.tgular Meeting The meeting was called to order by President Charlsen. Oj ening prayer by the City Clerk. Prresent: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. Allsent: None. Ozm motion of Councilman Powell, seconded by Councilman Nolde, minutes of the foollowing meeting were approved: Regular Meeting UMFINISHED BUSINESS (out of order) September 15, 1964 4:30 P. M. Mn- Edward Frye: (Parking Committeeman) The main thing we are interested in iss this; we understand that the Council has not seriously considered closing of3E Commercial Avenue for parking - are you, or are you not? Cocuncilman Powell: Upon checking minutes of a previous meeting, we were not ins favor of closing it. Would it be alright to leave it open and try it? Mr:. Frye: If you go according to the plan with Commercial Street closed off, yo.0 would still have a twenty-four foot roadway in there. Co-..ncilman Powell: My thought was that there is a good possibility that the on.:Ly time those parking lots are going to be anywhere near full is on Friday ni•.ght and Saturday. Mr'. Frye: I agree with you there, but with more parking spaces we are hoping to • get more people downtown. With the street closed, you would have more parking spayces and still have access to the lots. Mayyor Charlsen: There would only be one exit on Main Street. Ci-.ty Engineer: There are several ways you can build that thing. Councilman Powell: I am not opposed to it, but if we would have enough parr]cing without it, why do it? Couuncilman Nolde: 1 think this should be clarified; now that we have aever- tissed for bids, will we have to change anything or can we go on? Cimty Engineer: Your plan will have to be changed completely; the Humphrey anod Pino lots would have to be changed. For drainage we would have to build treenches and put iron grates over them. Cocsncilman Nolde: what can we do to get these jobs done right away? If we chasnge the plan we will have to readvertise for bids and we are coming into wirnter. City Engineer: It's up to the contractor; if they are willing to go along on our- change orders. Mayv r Charlsen: Would it be more economical to throw out all bids and re- advvertise? ORM (October 6, 1964-continued) 7 • • City Engineer: If you throw out all bids, you will end up with a situation where yocu wouldn't get it in this fall. Coouncilman Nolde: We have to have public hearings to vacate that street. Mayor Charlsen: We could go ahead and do the work; the property owners wouldn't object to vacating the street. How much do you think it will increase the cost rather than on a change order - the best way to do it with the maximum number oif meters? Cht. Engineer: Three to Five Thousand Dollars more. Mayor Charlsen: The agreement made when we set up the specifications was that alley wouldn't close Commercial Avenue. Coouncilman Powell: Mr. Harstad, wasn't it your opinion that Commercial should bee- left open? Mgr. Harstad: No; when I was here I presented two plans (described in minutes of S.:tptember 15th meeting). The third plan would be to cut Commercial down to a tLRirty foot width and double the amount of space in the Humphrey lot. C4ouncilman Powell: My impression is that we would get ample parking even with Cebmmercial Street left open. Mir. Frye: Another thing - we have sold this special assessment to downtown bnusinessmen on the basis of 200 car spaces; if you keep cutting it down, we are geetting less than we are paying for. C4auncilman Nolde: You were talking about 200 cars and we are ending up withabout 11)0 cars. How did you arrive at 200 cars? Mr. Frye: We were thinking of acquiring the railroad property. CCouncilman Nolde: Mr. Frye brought this to my attention earlier; there are no poarking meters on the righthand side of Myrtle Street. Mgr. Frye: You could just as well have them there and pick up a little revenue. Councilman Powell: How much would it cost to go ahead with blacktopping adver- ttised for, and then make a change at some later date? City Engineer: It would depend on the kind of price you would get at the time }don made the change - Commercial could be done later. Mayor Charlsen: Is there a more economical way to do it now? OCouncilman Powell: I was wondering, if we run 43.000 to $5,000 over, how does tthat affect the money we have already spent? Is it possible that when these bids ocome in that we have an understanding with the contractor that they do this work oon a change order at the same rate? °Councilman Nolde: I think if we are going to do it, we might just as well do it snow and get it right. *Councilman Powell: I move that we begin proceedings to vacate Commercial Avenue. *Councilman Nolde seconded the nation. (all in favor). The date for hearing on the vacation of Commercial Avenue was set for November L7, 1964. *Councilman Nolde: Are we going to go ahead with the plan? 'Mayor Charlsen: The most economical plan that can be done. Councilman Powell: I believe the businessmen downtown should ask their employees to park in those lots rather than on the street. • • • (October 615,1964-continued) of O • • councilman Iverson: Do you think it would be a good idea to study all of title parking meters downtown? it seems to me that the Erickson lot should ore for short stops - 50 for a half-hour instead of 50 for one hour. Mir. Frye: I don't think so on the lots, but I think we should make a study of the meters on the streets. Ner. Harstad: I have a survey that I made and I would like to approach the Council on it. Probably next spring the one -hour area should be changed, but nnot at the present time. You couldn't intelligently do this without telling flfrort experience that you are getting some usage. Councilman Powell: Are we going to have Rube Jacobson as a full time meterman? 17nless we have good enforcement, it won't work. Councilman Iverson: Could we have the Parking Committee study this and make some suggestions along those lines - replacing some of the old meters on the streets with new ones, and revamp the whole thing? itt. Harstad: That is good, sound thinking. rtr. O'Brien: I had quite a talk with Mr. Peaslee; he did buy that piece of poroperty(directly west of the bus garage property) and he blames it onto the City that they let it lapse. He claims that he bought that piece of property t.:o put his own employees up there to park free. I asked if he would sell it boa. the City and he said that he paid $1,500 for it and he would sell it to the C'Lty and charge us what improvements he has put into it. To me, it was an ur:nder-the-counter deal. Councilman Nolde: He said he would sell it to the City if he can continue to use itt for employee parking until the time comes that the City would build a ramp onn Lt. Mayor Charlsen: As far as the parking lots are concerned, that takes care of lot; we will close off Commercial Avenue. A/NFLICATIONS On motion of Councilman Powell, seconded by Councilman Iverson, a license to "Raul Things to the City Dump" was granted to Richard Strickland and Dale Pllattner, for a period of three months - October 1, 1964 to January 1, 1964, suubject to the investigation and approval of the City Engineer as to the type off vehicle to be used in this operation; also, subject to the parties acting stftrictly in accord with the ordinance regulating hauling. Onn motion of Councilman Molds, seconded by Councilman Powell, the following incenses were granted to William L. Wert, 308 South Main Street, for a period off one year: Amusement Machine Operator's License Amusement Machine License Music Machine License. On.. motion of Councilman Powell, seconded by Councilman Nolde, the following liocenses were granted to Leonard Anderson, 527 Wisconsin Street, Hudson, Wi:sconsin, for a period of one year. Amusement Machine Operator's License Amusement Machine Licenses Music Machine Licenses. • • e • (October 6, 1964-continued) • Om motion of Councilman Nolde, seconded by Councilman Iverson, the following licenses were granted to George Wohlers Company, 709 West Myrtle Street, for a period of one year: Amusement Machine Operator's License Amusement Machine Licenses Music Machine Licenses. On motion of Councilman Powell, seconded by Councilman Nolde, the following Licenses were granted to Arnold Tessmer, 1903 Stillwater Avenue, St. Paul, Eor a period of one year: Amusement Machine Operator's License Amusement Machine Licenses Music Machine Licenses. Applications were received from James L. Gardner, Brown's Creek Inn, for On and Off Sale 3.2 Becr Licenses, and were carried over to the next Regular Meeting of the Council due to location in a residential area. On motion of Councilman Nolde, seconded by Councilman Powell, an On Sale 3.2 Beer License was granted to Donald F. Mosiman and Glen L. Karloske, 317 South Main Street, for a period of one year. On motion of Councilman Nolde, seconded by Councilman Powell, a pool table license was granted to Borge Thomsen, 224 South Main Street, for a period of one year. (formerly in the name of William Groschen). On motion of Councilman Nolde, seconded by Councilman Iverson, the following request, from Victor Prescott, d/b/a Stillwater Taxi, was approved: Request to operate a 1963 Dodge 4-door, SN 4832174859, in place of a 1960 Studebaker Lark. On motion of Councilman Nolde, seconded by Councilman Powell, the following request, from Norman E. Webb, d/b/a Carlson Taxi, was approved: Request to replace 1959 Pontiac 4-door, and 1956 Oldsmobile with: 1962 Chevrolet Belair - 4-door; SN 21669J146-226 1962 Chevrolet Biscayne - 4-door; SN 21269J198074 1959 Rambler - 4-door; SN D696228 UNFINISHED BUSINESS (out of order) This was the day and time set to open bids for Surfacing Parking Areas. The Clerk read the notice for bids aloud; the Mayor inquired if the notice for bids was published, and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on September 25, 1964 and October 2, 1964. The Clerk reported that only one bid had been received. Councilman Nolde then moved that the bid be opened; Councilman Simonet seconded the motion. • 110 (October 6, 1964-continued) • 1. Tower Asphalt, Inc. St. Paul, Minnesota Start Work: Complete Work: Total Base Bid: $7,269.47 5 days after notice of award. 20 working days. Caouncilman Powell: I move that the bid be turned over to the City Engineer fax verification and approval, and at this time, maybe the Engineer and the geentleman from Tower Asphalt could get together and reach an understanding oif what might be done. Councilman Nolde seconded the motion. Mayor Charlsen: The bid will be awarded tonight. This was the day and time set to open bids for construction of Storm Sewer- 1raca1 Improvement No. 50-1964. Time Clerk read the notice for bids aloud; the Mayor inquired if the notice fcor bids was published and the clerk informed the Council that the notice for biods was published in the Stillwater Evening Gazette, official newspaper of thte City, on September 25, 1964 and October 2, 1964. Thie Clerk reported that only one bid had been received. Co.,uncilman Nolde then moved that the bid be opened; Councilman Iverson seconded three motion. 1. Moelter Construction Company Total Base Bid: $5,737.50 Stillwater, Minnesota Start Work: October 15, 1964. Complete Work: October 31, 1964. Couuncilman Nolde: I move we turn the bid over to the City Engineer for study anod recommendation. Cousncilman Iverson seconded the motion. Thils was the day and time set to open bids on Parking Meters. Thee Clerk read the notice for bids aloud; the Mayor inquired if the notice for biods was published, and the Clerk informed the Council that the notice for bids was: published in the Stillwater Evening Gazette, official newspaper of the City, on September 25, 1964 and October 2, 1964. Citify Clerk: It was felt that it would be advisable not to consider manual metitexs, but we do have two bids; one on manual meters and one on automatic metiers. When the notice for bids was mailed to the parking meter companies, it did ask for automatic or manual meters, but it was later changed. Citiy Engineer: When I mailed the new notice, I discovered that the man who reoeeived the first notice was in the hospital and did not receive the second notiice at all. Councilman Nolde: When we were discussing parking meters, did we at any time tak.:e Council action against advertising for manual meters? City Clerk: No, sir. Couuncilman Powell: I move that we open the bids that are in accord with the way. it was advertised in the paper only. • • • (October 6, 1964-continued) • Councilman Iverson: The question in my mind is would the other company feel that they didn't have a fair chance to bid? There must be a good manual meter on the market. Councilman Powell: What I think is of prime importance is that the people who are spending money in the meters, like the automatic meters. Councilman Nolde: What would be wrong with opening both bids? Councilman Powell: If you open it, you have to consider it. He was notified erroneously and then was notified correctly. City Clerk: Would you feel better about if if we would readvertise and include manual meters? Councilman Powell: I would be against advertising for a manual just as you were against it; this would be saving us a lot of time. There was no second to Councilman Powell's motion to open the bid; he then withdrew his motion. Councilman Nolde: This isn't saying that we can't bring it up later tonight. The only reason I say this is because we will look at the manual meter and see if we can use it. On motion of Councilman Powell, seconded by Councilman Iverson, the meeting adjourned to 7:30 P. M. This portion of the meeting closed at 6:09 P. M. 7:30 P. M. - Meeting Reconvened Mayor charlsen: When we adjourned we were waiting for a motion on opening bids for parking meters. We advertised for automatic meters and we received one bid for manual meters and one bid for automatic meters. Councilman Nolde: I move we open the one bid on the automatic meters. Councilman Iverson seconded the motion. 1. Rockwell Mfg. Co. Pittsburgh, Pennsylvania 100 meters, more or less $58.00 per unit - 5% Discount Delivery within 30 days. Mayor Charlsen: I was wondering if we should see what the price of pipe furnished by the parking meter company would be, and what we would have to pay for it some- place else. Councilman Nolde: I would like to make a motion that we purchase the automatic meter heads at a cost of $58.00 per unit, less the 5% discount. Councilman Powell seconded the motion. (all in favor). Mr. Harstad: I would like to thank the Council for this order, and would like to bring this to your attention - you discussed the possibility of taking part of your new meters and installing them on the streets in lieu of those that have been in operation for twelve years. This is a very feasible plan. If I could meet with your Parking Committee and come up with a recommendation, we could proceed Erom there - I think it would be worthy of your consideration. Councilman Iverson: The new meters have to go on these parking lots. • • (October 6., 1964-continued) • • Mayor Charlsen: Yes, the money was borrowed for the building and metering oi\ parlainq lots. Councilman Nolde: In the event that the Parking Committee went along with thins idea. would we still be in trouble? I see no reason why we couldn't do Ellis Mayrsr Cnarlsen: Well, it is something that can be looked into. They have to comae up with a recommendation and they have to have a meeting. Mr.. Harstad: We will discuss the type of meters, the time limits, etc. Mayor Charlsen: As soon as possible, let us know so we can have a special meeeting and order the meters. Check with Ron and see if he has a comparable priice on pipe. COMNMUNICATIONS From tet of n egard to investi- galtiionhofsthetatemunicipalof sbathingota, pbeachnat Lily aLake, lasran ordered byCouncilman Nollde. It was stated in this letter that the sanitary survey showed that the water wain of satisfactory quality at the time the tests were taken, although public usee of the beach should be controlled. Mayyor Charlsen: I would suggest that this report be turned over to the Reoereation Commission and the recommendations of the Department of Health shoould be followed through as much as possible. Counncilman Iverson: I move the report be handed over to the Recreation Coomnission. Co.uncilman Simonet seconded the motion. (All in favor). Prom the State of Minnesota, Department of Highways, addressed to Philip Easetwood, City Attorney, in regard to emergency condition on Municipal State Aiid Route #102 (Pine Street). Itlt was stated in this letter that no State Aid rule or regulation existed wthich authorizes the closing of a street except for emergencies. mayor Charlsen: There are two ways an emergency exists on this street - waash outs and children going to school. Ciity Attorney: The City Engineer and myself felt that you could not close tlmat road for a nine month period and call it an emergency. The 10% they caould deduct from our State Aid appropriation would be quite substantial if tlboy should declare it an arbitrary action. Counncilman Powell: Do we have stop signs out there as recommended? city Attorney: Yes. Councilman Powell: If the road gets slippery where the children have to walk tap get to school, would it then be advisable to block the road? C:Lty Attorney: It would be reasonable. C"ouncilman Powell: By the time the ice comes we could put up a barricade ascross there and not allow anybody to go up there. Then, next year we could tthink about paving it: something's got to be done. I think we have an absolute right to block it in the wintertime; we can't just let this problem drag on. Mayor Charlsen: Engineer, figure an estimated cost on surfacing Pine Street. • • • (October 6, 1964-Continued) 13 • • Frona James G. and Viola H. Russell, objecting to the cutting of trees on the unua:sed portion of Aspen Street. Cit:_y Clerk: I received a telephone call in regard to this matter. The Russells inglaired whether or not permission was given by the Park Board to certain persons to cut the trees in the area; I asked them to write to the Council and then it wouald be discussed. The people living to the North cut the trees, and in talking to them, I find that they did get permission from the Park Board to cut down the trees. Citty Engineer: One of the members of the Park Board asked if I had any objections to the people going in and keeping the weeds and brush down; I said I had none whaatsoever. Ci-.ty Clerk: It was your understanding, then, that they did get permission? Ci-_ty Engineer: Yes. Thae Clerk was then directed to write to Mr. and Mrs. Russell in regard to this maetter. Exxon Gordon R. Smith, thanking the Mayor and Council for the opportunity of voicing their cause in regard to the West Pine Street hill problem as it affects cttiildren attending the new Lily Lake School. Mar. Smith stated that they will continue to urge the Council to seek a long range soalution to the problem. F:Yom E. A. Elliott, Manager of Northern States Power Company in Stillwater, a:anouncing a decrease of 1.2 cents per Septemberand d, cu9i4. feet in general service gips rates in Stillwater, cents kW= the League is Minnesota My1asin regard to Annual Industrial lleveeohelnt Clinic, sponsoredbY the StateDepartmenof Business Development tto be held in loomington on October 15th and 16th. ?The Clerk reported that Council members were scheduled to attend a meeting in IRobbinsdale on the 15th of October. he :At this time Mayor Charlsen introduced Mr. Wayne Moran, Secretary the stated represented at the Industrial Development clinic.that his group COMMITTEE REPORTS Councils Ron, did Tom Curtis call you about the water pu7bleem?wanks was brought up once before. Does his solution seem alright with yo to borrow the City's jackhammer and do the work himself. City Engineer: He wants the City crew to come down and do it. He is perfectly willing to take care of the water and replace the sidewalk. What he would like to do is pipe it back into the pond in his caves. Councilman Simonet: Are you willing to help him? City Engineer: Sure. I think he should be notified that something has to be done before cold weather sets in. Councilman Nolde then moved that the Engineer work with Mr. Curtis to correct the situation; Councilman Simonet seconded the motion. (All in favor). • • 14 (October 6, 1964-continued) Councilman Simonet: Ron, did the City Clerk call you about the truck? (the clerk was directed at a previous meeting to inform the Engineer that he would have to repair Mr. Hagen's old truck rather than advertise for bids on a new one). City Engineer: Yes. Most of the parts are on order and we are waiting to see how long it will take to get them. That is the way it stands now. Councilman Powell: At a meeting with members of the fire department, they informed me that they are still unhappy about the fact that they weren't receiving any attention as far as pay raises are concerned. Mayor Charlsen: Did you say you got the comparative wage schedule, Les? City Clerk: Yes. Councilman Powell: At this meeting, one fact was brought up. One man said he didn't think it was right for an officer in the fire department to receive less salary than a two-year patrolman. I told them that nothing could be done this year. After much discussion I came up with the idea that perhaps we should have a statement of policy and ask the City Attorney if he would draw up some rules and regulations governing the fire department - for sick pay, benefits, vacations, etc. They want a copy of it and they want it brought up to date. Mayor Charlsen: We have such a statement and they have a copy of it. councilman Powell: They wanted wages and hours co be included. I think personally that you can't operate any department unless you have something you can show your men and tell them this is what your starting out with, and this is what you get after so many years; these are your benefits, etc. Mayor Charlsen: The Chief has such a schedule in his possession. Councilman Powell: They also said they have a comparative wage schedule for Minnesota towns, and the Stillwater Fire Department is low for towns of equal size. Mayor Charlsen: If you will remember, that is why I asked to get the national survey. Councilman Powell: If we have this, it should be brought up to date. They made this one statement - every two years there is a change in policy. Mayor Charlsen: That is incorrect: Very incorrect: Councilman Powell: There are new councilmen every two years and with every new Council, changes are made. Mayor Charlsen: Mr. Clerk, see that Councilman Powell receives a copy of that schedule. City Attorney: The fire chief already has it - he gave me portions of it. CouncilmanPowell: If you have the time, I would like to have another meeting with the firemen, and the Chief, and you can hear what they want. They want to know where they stand. Councilman Nolde: The men in that department are getting all the information they need - they are getting information in that department that doesn't have anything to do with the fire department: It's time they started worrying about their own department:: Councilman Powell: They also wish to do some negotiating. Mayor Charlsen: That is entirely up to them, if they want to do it at budget time. • • • (October 6, 1964-continued) 15" • Councilman Iverson: I have nothing to report. Councilman Nolde: I have nothing to report. Mayor Charlsen: The president of the League of Women Voters asked if she could have the use of twc voting machines at the Senior High School for the purpose of educating the children in the method and manner of voting. I told her that they were all made up for the elections this fall, and didn't think it would be plausible. Can you see any reason why the fellow who hauls them regularly to the voting places can't haul them out to the school for two days? I personally think its a good project. City Clerk: There is no possible way they could damage the machines except you must keep this in mind - the voting machines will be prepared for the general election about ten days before the election. I am quite sure that legally, they couldn't use the machines with the official ballot on it. With the Council's approval, they should use them two days of next week because the following week we will have to be working on them to get them set up for the election. Mayor Charlsen: Do you have any objections to their using the machines for two days? No objections were voiced. Mayor Charlsen: I have a letter here calling attention to the Police Chiefs' Conference on Police Public Relations to be held on October 26, 27, and 28. If somebody wants to attend, I would like an o.k. of the Council that someone be there. Councilman Powell: I move that the Chief of Police be instructed either to go himself or send a man in his place. Councilman Iverson seconded the motion. (All in favor). Mayor Charlsen: The St. Paul Police Department will allow one man from the Stillwater Department to take the training course with their department; that takes about ten days and we would like an o.k. on that. The name of the man is yet to be determined. Councilman Powell moved for the above. Councilman Nolde seconded the motion. (All in favor). PETITIONS Hone. DELEGATIONS OR INDIVIDUALS None. • • • • • (O4:toffier 6, 1964-continued) UNFINISHED BUSINESS Mr. Lyle Eckberg: (representing St. Peter's United Church of Christ). This group asked that we handle the vacation of Second Street. I have checked the notices and everything is in legal order as far as I can see. The notice is on file in Mr. Simonet's office; it was published according to law, and the required number of property owners signed the petition. There was no objection to the vacation of this street at any time; in fact, the town board of Oak Park voted unanimously to vacate Second Street on May 27, 1964. Mr. Cy Howalt: We approved the vacation of the street thinking that it ran North and South, but it runs East and West. By vacating the street we will take access away from three lots in back of the church. I didn't think an attorney would draw a petition if it wasn't legal. Mr. Eckberg: What makes you think it isn't legal?: Mr. Howalt: We as a Board think we should rescind our motion vacating the street; we have had complaints from property owners on that street. Mayor Charlsen: Rescinding it wouldn't have anything to do with this annexation. Does that make a difference as to where that property abuts on the City of Stillwater? Mr. Howalt: Mrs. Tobisch didn't sign the petition. Mayor Charlsen: Is that west thirty feet important? Mr. Eckberg: As far as the church is concerned they have the necessary amount of space, but... Mt. McLeer: In regard to these lots, the petition came in and we told them what they had to do. We were under the impression that they had one-half a block in there. Mrs. Tbbisch had refused to sign the petition - she called me up and told me. It seems to me that this is an awful small bite for the City of Stillwater to be angling about. There ought to be some way to get this sewer connection. I think the councilmen and Mayor wouldn't want to stand in the way of a church. I think that ordinance you have could be stretched a little bit and give this church sewer and water! If they can get these three lots from Mrs. Tobisch, we will be glad to give them the three lots. Mr. Eckberg: The only way you can rescind that action is to take legal action, and I doubt very seriously if you can do it: Mayor Charlsen: The main reason for the vacation of the street was the thirty feet? Mr. Kermit Mohn: That's right. Councilman Simonet: The church isn't going to be on that thirty feet, is it? Mx. Mohn: As it is now, the building will not be on that thirty feet, no. Councilman Nolde: In the event that we annex this property, will the church you are intending to build conform to our building ordinance without this thirty feet if they rescind their action to vacate the street? Mr. Eckberg: They can't rescind it. We need the thirty feet for the church - there is no question about it. Mr. McLeer: They misrepresented themselves: Mr. Eckberg: There was no intentional misrepresentation. Mayor Charlsen: If we go ahead and start annexation, and there is litigation, Age are laying ourselves way open for trouble. Councilman Powell: We should consult our City Attorney. I would make the suggestion that our City Attorney contact Mr. Eckberg and the town board of Oak Park; if they intend to rescind it we would like tc know about it. If it isn't possible, our attorney should look into it and he can report back at the next Council meeting. • • • • (October 6, 1964-continued) L t ' • • Mayor Charlsen: The City has an ordinance whereby sewer and water cannot be e=rtended beyond Stillwater City Limits; this church is made up of primarily Satillwater people, and it is a matter of these people digging a hole thirty fleet long to hook onto sewer and water. It doesn't make any difference to you iiE you are in the City Limits or not, does it? EMr. Eckberg: No, but we do need that thirty feet. Councilman Simonet: If you get your sewer and water, is that all you want? Mt. Eckberg: We want to be a part of the City of Stillwater because it is a "growing', 'dynamic' community. Coity Attorney: I would recommend that you table the situation until Mr. Eckberg hnas the threat of a law suit. I should think that the Council would be desirous oaf tabling it; I think he can go into it declaratorywise and resolve it. Coouncilman Powell: I move that we follow the advice of our City Attorney. Coouncilman Iverson seconded the motion. Mt. Eckberg: It is better to annex it because they can't touch the streets in t_he City of Stillwater. Actually, what we are required to do now is start a laawsuit; these people want to build; what is all the fuss about? C:Lty Attorney: We don't even know if that thirty feet is very important for t:_hem to comply with our building code. We would be in a mess if we took them i:.a before we found out if they would rescind their action; that is why I recommended tchat we table it. Mohn: There are three lots there that are approximately 135 feet square; our .architect has looked into the new zoning ordinance of the City ofStillwater and the paLans for the church will conform; the ordinances of the City of Stillwater will bne followed to the letter, including or excluding the thirty feet. We are planning as smaller building than what we would need ten years from now. For what we plan tco build at the present time, 135 feet will suffice, but for the future, it won't. C.buncilman Powell: Listening to what you said, I would make the motion that we f.!o-lLow the recommendation of the City Attorney. The thought that you conveyed tea me was that if any action were to be taken by the Oak Park Town Board, they waauld have to resolve that or the church would get a judgment opinion. C.:ity Attorney: Declaratorywise means that they go into court and ask for relief; interpretation of what has to be done is just as binding as any other action; at least we would know very positively how much land is being taken in by annexation. Mar. Eckberg: Are you intending to start a lawsuit to set aside this action? Mar. McLeer: As far as we're concerned, we don't object to them building the ciehurch, but we are going to set it aside; we are going to have a meeting and rescind it and there ain't nobody going to come inadig on it:: Mar. Eckberg: You are putting your nose in here where it doesn't belong: ?Mayor Charlsen: If we overlook this resolution (providing that sewer and water cannot be installed outside of the City Limits) and o.k. installation of water awed sewer, that will answer your problem as far as sewer and water is concerned; tI:he rest you have to take up with Oak Park. Ca:nuncilman Powell: Do you have an attorney representing your township? McLeer: We do when we get real stuck. We never had any trouble until the laast five years when your sewer came up. We are going to rescind this action. Coouncilman Powell: You can't do that. Mr;. McLeer: You just come to our next meeting: Coouncilman Nolde: We would like to see them build a cnurch, and don't want to crreate a hardship on them. • • • 1 8 (Octobers 6, 1964-continued) City Attorney: It might be agreeable to give them water and sewer and when they resolve their problem, reconsider the problem of annexation. Budding Inspector: I am not opposed to the church having sewer and water, but there could be repercussions. What is the difference between a church and a school? I just brought up the point so you will know it; I will warn you right now that there will be others. Councilman Powell: How long do you think it should take to resolve this problem the way you suggested? City Attorney: It is an emergency and they can expedite it on the calendar, but it's up to the judge. Councilman Powell: Do you think it's the right way to do it? City Attorney: Absolutely. tr. Eckberg: For the proceedings they are going to hold at their (Oak Park Towr. Huard) meeting, they might as well stay home. Councilman Simonet: I am opposed to following the recommendation of the City Attorney. Councilman Nolde: We will give you the sewer and water, and if I am here, I will certainly try to see that you get annexed, Mr. Howalt: I would appreciate it if somebody would talk to Mrs. Tobisch. The City Attorney reported that he had received an opinion from the Attorney General's office in regard to the following question: 'Is the law partner of the Special Municipal Judge for the City of Stillwater prohibited from acting as City Attorney?" The question was answered in the negative. City Attorney: (in regard to the question - can the City sell bonds, the proceeds of which will be used to build new city offices, without a vote of the public) C checked the Charter which states and confirms what Mr. Brower and I decided - that the Council does have authority to construct buildings for it's own use 'without public vote. To verify this, we went over to St. Paul and conferred 'with the bonding consultants; the firm is sending us a written opinion, but over the telephone they orally confirmed that we can do it. :Mayor Charlsen: A discussion was held the other afternoon about the post .office. :Councilman Nolde: After going home and thinking this thing over, I talked to :Louie Sauvageau at the post office, and then talked to the Mayor; I think the :idea of building a new fire station and city hall is excellent, but before we :sign this option we should have an architect come in and look over the lay of tthe land and see if it's feasible to build this type of building there. Send EMr, Knapp a letter and explain to him that the Council is more or less in itavor of this program, but before we sign this option we should consult an aarchitect before we sign our property away. Crouncilman Powell: I thuk it's good to be cauti, vs; however, looking at it fdrom the other point of view - you can always get an architect to draw some - tithing if you really want it. He is going to be able to do it. • (October 6, 1964-continued) 19`. Councilman Nolde: We should hire someone to come in here and find out how much room we might need, and how much we are going to need forty years from now. He will let us know if we can continue on with property sixty feet by one hundred fifty feet. We aren't stopping this program by doing this - we are just waiting to see where we are going. I am sure we would be willing to send a letter to Mr. Knapp; we certainly won't be stopping anything. Councilman Powell: What we have to know is if we have enough square feet of ground. Councilman Nolde: It's very important to have someone come in here and tell us if we can build what we want. Councilman Iverson: I move we send a letter to Mr. Knapp stating that we are interested in the proposal, but first have to determine our own needs. Councilman Powell seconded the motion. Councilman Nolde: In the event this doesn't go through, I can't see where we have lost anything. City Engineer: If you retain an architectural firm to come in here and design a building - if you obtained another location, the space you are going to require is not going to change. Building Inspector: Do you propose to out up a fire station and City Hall on that space? That is the most ridiculous thing I ever heard of:: Gentlemen, use some common sense: Councilman Nolde: We are just going to see if it can be done. If we are going to do it we have got to do it right. Mayor Charlsen: I can't see where we are going to get the money for an architect. Councilman Iverson: Contact Mr. Raccini who was here a few months ago and find out what it would cost. Mayor Charlsen: I am going to appoint Councilman Simonet to work with the City Attorney and look into the possibility of getting an architect; I would recommend that we have a special meeting on the 20th of October at 7:30 P. M. The City Engineer was to report on a meeting with Northern States Power Company officials in regard to the option on land adjoining the sewage disposal plant. City Engineer: I have no report as yet; I have not received a plan from them. Mayor Charlsen: They have had to go to the railroad to find out. what kind of angle the railroad needs; the railroad hasn't come up with their plan yet, so they haven't been able to complete their own plans. At the last meeting, the City Engineer was instructed to investigate the cost of new traffic lights for use on the Everett Street bridge. city Engineer: They will cost between $70.00 and $100.00 for new lights and a control panel. Councilman Powell: I move that this problem be resolved by the Councilman in charge at his own descretion. Councilman Iverson seconded the motion. Councilman Simonet: Ron, do whatever you wish: i • 20 • • • City Engineer: Regarding the aerial photos of the city, I contacted Chicago Aerial Surveys; they have very good pictures taken in the spring, but they only go as far as Seeley Street. They said they would give us a good price if the pictures would do us any good, and said this Fall they would fly this area and take a one-shot picture of Stillwater and would give it to us for $100.00. He did say that the price of $135.00 that Mark Hurd Aerial Surveys gave us on the mosaic is worth the money, but it is not very distinguishable because of Eoilage on the trees. Mayor Charlsen: Get the one you can use to the best advantage. Councilman Iverson: Get the clear one - we don't want to look at the tops of trees. The Clerk reported that a replacement had not yet been named for Robert McGarry on the Recreation Commission. Councilman Powell: I suggest we lay this over to the next meeting; we haven't had a Recreation Commission meeting, but we will have one next month. The Clerk requested that the Council again discuss the matter of contacting all insurance agents in the City regarding an appraisal of City owned buildings and contents. He was directed to write a letter to each agent or agency and state in said letter that anyone interested in giving an appraisal of City buildings and contents is requested to do so. The City Engineer reported on comparative costs for televising a portion of the sanitary sewer system; he is waiting for one more estimate before proceeding. NEW BUSINESS On motion of Councilman Nolde, seconded by Councilman Iverson, a variance permit to construct a garage was granted to C. E. Noack, 815 South Fourth Street. On motion of Councilman Nolde, seconded by Councilman Powell. the Northern Pacific Railway Company was granted a non -conforming permit to construct a metal frame depot and office (in fire zone) directly east of the consolidated Lumber Company Yards. 1, request was received from Milton Krelitz for a variance permit in setback requirements to construct a building (Reed's Drug Store) on the southeast corner of the intersection of Main & Chestnut Streets. Building Inspector: They do not have the required side yard, but they are not too satisfied with that corner anyway, so they will redesign the entrance so in the future the traffic condition on that corner can be improved. They will also have a powered conveyor belt to unload their supplies, and they are asking for at least one hour parking on the corner of Chestnut and Water Streets. I suggested he ask for two hours. It would require two meter spaces because they will have a semi for their supplies. On notion of Councilman Iverson, seconded by Councilman Powell, the above requests were granted. On motion of Councilman Nolde, seconded by Councilman Powell, a variance in setback requirements was granted to Dr. Fred Kalinoff to enable him to build a new home on St. Croix Riverview Drive. • • • (October 6, 1964conrinueal G l • On motion of Councilman Powell, seconded by Councilman Nolde, a variance in setback and side yard requirements was granted to Mr. Culver Davis, Third Avenue South, to enable him to build a new home. City Clerk: Mr. Jerry Alldritt requests permission to keep horses, one of which is a stallion , on premises located at 1820 West Olive Street. I told him this request would require Council action and I would like to have the City attorney verify it for me. Councilman Powell: I move that the City Attorney be instructed to check into this matter and report back at our next meeting. Councilman Iverson seconded the motion. On motion of Councilman Nolde, seconded by Councilman Powell, the following persons were appointed members of the Auxiliary Police force, as recommended by Chief of Police Eldon Sanders: James Doroff - 922 North Fifth Street James Eder - 913 North William Street City Engineer: I was instructed to contact Mr. Schmalhurst and get an estimate for repairing the roof on the band shell at Pioneer Park; this estimate we have here must be for a complete new roof. Councilman Iverson: I will check it out and see. On motion of Councilman Powell, seconded by Councilman Nolde, the following endorsement to insurance policy No. 41C 532 302 was approved: Eliminate 1951 Nash Station Wagon - S-D37421 On motion of Councilman Nolde seconded by Councilman Powell, the following insurance policy was approved: Comprehensive General Automobile Liability Insurance Policy No. 41C 524140 (total advance premium $7,563.00 to cover period 8-9-64 to 8-9-65). On motion of Councilman Nolde, seconded by Councilman Powell, the following assessment was cancelled: Assessment - Local Improvement *24. in the sum of $240.00 against Lot 5 & E.3' of Lot 6, Blk. 30. Original City.; property formerly owned by St. Croix Bus Garage - now owned by City of Stillwater. On September 29, 1964, Mr. R. E. Erickson, 208 West Chestnut Street, informed the Clerk that his property is not connected to the City sewer system. An assessment was placed against this property in 1959 in the sum of $100.00 and • EGG • statements for sewer rental charge have been mailed to Mr. Erickson since that time, and payment has been received. This matter was referred to the City Engineer for inspection and report to the Council. City Engineer: I called Mrs. Erickson and asked if we could come up and put food die in there - we don't know where the sewer lines go. She said yes, but called me back five minutes later and said an architect had been up there and checked their sewer system and said the system is working fine; so, to this point I don't know where we stand. This might take a little time. Building Inspector: Under the ordinance, I have the right of entry at any reasonable time; I could go up there. Councilman Iverson: Certify it to the County until we can prove otherwise. Building Inspector: I will tell her that the City Plumbing Inspector wishes to check t:.e plumbing and if they refuse, then you can certify it. On motion of Councilman Nolde, seconded by Councilman Iverson, the Building Inspector's report covering activities during the month of September was approved. ORDINANCES . On motion of Councilman Nolde, seconded by Councilman Iverson, the Clerk :made the second reading of "An Ordinance Amending an Ordinance Regulating the Sale of Intoxicating Liquor; Repealing Inconsistent Ordinances, and Providing a Penalty for the Violation Thereof", followed by roll call after each Section, and all members of the Council voted in the affirmative. 'rhe Chair then put the question, "Shall this ordinance pass?", followed by :roll call, whereupon the ordinance was unanimously adopted. IL second reading of an ordinance on Dutch Elm Disease was scheduled for this meeting. °Councilman Powell: I move we turn this ordinance over to the City Attorney £for further inspection. ocouncilman Iverson seconded the motion. (All in favor). Oon motion of Councilman Powell, seconded by Councilman Iverson, the Clerk made the first reading of "An Ordinance Amending an Ordinance Regulating tkhe Operation of Motor Vehicles Upon the Streets and Highways of the City of Stillwater and P_oviding for Penalties for Violation Thereof". City Clerk: Before we go on, I would like to make the suggestion to you that wwe have a budget estimate made up some time during the month of October. Purely win estimate based upon last year's valuation, plus whatever was added this year. Ilf that is o.k., I will prepare an estimated budget based on an estimated mill nate. We have pretty accurate figures to go by and if this is o.k. I would like t:o release this to the newspaper. Oars motion of Councilman Iverson, seconded by Councilman Nolde, the Clerk made t_he first reading of "An Ordinance Amending Ordinance #336 Relating to Buildings, P."roviding for Fire Limits; Adopting by Reference Certain Regulations for the C,[onstruction and Equipment of Buildiuyt and Amendments Thereto, and Providing a P'malty For the Violation Thereof. • (October 6, 1964-cont1nued) RESOLUTIONS The following resolutions were read and ware on roll call unanimously ;:uo.y adopted: 1. Directing the Payment of Bills. 2. Fixing Compensation of Election Judges ($1.50 per hour) 3. Accepting Bid and Authorizing Execution of Contract (Parking Meters) 4. Accepting Bid and Authorizing Execution of Contract (Surfacing Parking Areas) 5. Accepting Bid for Construction of Local Improvement No. 50 - 1964. 6. Authorizing Payment of Contributory Share and Additional Contribution Due to Public Employees Retirment Fund ADJOURNMENT On motion of Councilman Nolde, seconded by Councilman Powell, the meeting adjourned at 11:47 P. M. Attest: Mayor • e/24 • oCouncil Chamber :Stillwater, Minnesota :Special Meeting October 14, 1964 7:30 P. M. the meeting was called to order by President Charlsen. Present: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. Absent : None. Mayor Charlsen: This meeting was called to discuss the subject of parking meters. The Parking Committee has had a meeting with the parking meter sales- man, Mr. Harstad. Mr. William Gfrerer: We spent a lot of time with Mr. Harstad, and our recommendations are based quite a bit on his thinking. Mr. Gfrerer then presented the following report to the Council: The Parking Committee of the Stillwater Chamber of Commerce submit for your consideration the fol'owing recommendations on parking lot metering. The Erickson lot to have two hour limit meters at a 50 per hour rate. The first two rows north of Kitty's to be four hour limit meters at 50 per hour; the next two rows to be ten hour limit at a 50 for two hours rate. the Peaslee lot to have four hour limit meters at a 5C per hour rate on the east half. On the west half, ten hour limit meters at two hours for 50 rate. All one and two hour limit meters to be set to receive pennies, nickels, dimes and quarters. All ten hour limit meters set to receive nickels, dimes, ani quarters. Councilman Nolde: Mr. Harstad told us that in the event we wanted to make some changes on the meters, it would only cost about $1.50 per meter to change them. Your recommendations sound good to me. Mr. Gfrerer: It gives us a little of everything and most of what we want. Mayor Charlsen: Did you decide how many meters you need? Mr. Edward Frye: He said the other day, it's 113 meters. Councilman Nolde: Are we going to put some kind of sign in front of each lot? Mr. Frye: That is something I was going to ask you. It is something we certainly should have. We talked to Mr. Harstad about it and he is going to send us some recommendations on signs. Councilman Powell: I move we accept the report of the Parking committee, and inetruct the City Engineer to order the required number of parking meters, and direct the Mayor and City Clerk to enter into a contract. Councilman Nolde seconded the motion. (all in favor). Mr. Frye: Can you take any action tonight on the signs? • • (October 14, 1964-continued) 25 • Councilman Nolde: If you know the type of signs you want, we can take action. Mr. Frye: We have a general idea; they will be billboard type signs and they will show the parking lot and the rates. councilman Powell: My thought •would be to have a sign for each row - five cents for two hour parking, or whatever the case might be, because that would be less confusing. Councilman Simonet: Couldn't you work that out with Mr. Harstad? That isn't something we should get into. You know what you want. Mayor Charlsvn: Let's wait until we get the recommendation from Harstad so we know what we are talking about. Councilman Nolde: I would like to make the motion that we leave it up to the Parking Committee as to the type of signs, and we will approve their recommendations. There was no second to this motion. Councilman Powell: How about if Mr. Harstad came up and talked to the Mayor, and I sit in; then we could present it to the Council. Mr. Frye: That's o.k. Mayor Charlsen: There has been no discussion whatsoever on the type of lighting that will be used for these lots. The Erickson lot is going to be awful dark on the back end. Building Inspector: Isn't there a power pole back there? Wouldn't one unit on there eliminate the problem? Councilman Simonet: I would like to make the motion that we turn the lighting problem over to Councilman Iverson to work with the Parking Committee. Councilman Powell seconded the motion. (all in favor). Councilman Iverson: Did you work on tha matter of changing some of the street meters yet? Mr. Frye: We are making a survey now; probably by October 20th we will have that ready. Mayor Charlsen: That takes care of it as far as we are concerned. Building Inspector: At the last meeting, you approved a request for a variance permit on behalf of Culver Davis to build a home on the end of Dubuque Street and Third Avenue. The Council reserves the right to grant permits in cases of irregular, deep, or narrow lots. The request is for no setback whatsoever on the front; it will be built right up to the property line. There was a mistake made by the contractor involved - he admitted that he was erroneous. The lot has been purchased and Mr. Davis wishes to build. I have been contacted on this many times, and I think all of you have visited the location, and I wish you would make a decision one way or the other. Councilman Powell: I move that the variance permit that was granted at the last Council meeting be amended to give him permission to build up to the property line. Mayor Charlsen: Just for your information, you are going to have to be able to defend yourself on that motion, because it is going to go to court if we grant this permit. Councilman Powell: It wouldn't be too big a p::oblem to narrow the width of the street. • • • 26 (October 14, 1964-continued) • • mayor Charlsen: One of the residents in the area is opposed to this and she •will under no circumstances release any part of Third Avenue. Councilman Nolde: What can she take to court? Under our building ordinance •we can do this. Councilman Powell: to make use of his Councilman Nolde: Building Inspector: listen when we tad this morning, but I We can do whatever is necessary to allow a property owner property as far as building a house is concerned. She was more or less opposed to Culver Davis. I will say she is rather unreasonable; she wouldn't even to explain it to her. Mr. Davis was supposed to see me haven't had a chance to talk to him about it. Councilman Powell: I will rephrase my motion to state that I move that tar. Davis be given permission to build up to the property line provided the City Attorney feels we have a legal right to grant this permission. Councilman Nolde seconded the motion. (all in favor). Building I. spector: Under our ordinance, there is a definite hardship. I am not opposed to this and I am not for it, but I do believe there are extenuating circumstances; I feel that you would not be erroneous in granting the permit. Councilman Powell: You feel that it is a reasonable request? Building Inspector: Yes, I do. Councilman Iverson: I would like to suggest that we consieer altering that street and cutting it down to a forty foot street instead of sixty feet. Do it the same way as you would to vacate a street. Mayor Charlsen: Well, you can quit now, because we 'considered' it with her this morning. Building Inspector: we questioned Mrs. Wiese about the vacation of twenty feet on the east side, and her answer was, 'you leave that street just the way it is:' On the approval of the City Attorney, if he concurs with the ordinance, the permit will be issued? Councilman Nolde: Yes. Mayor Charlsen: Mr. Frank Steinmetz is here this evening at my request. The reason I asked you to come down tonight is, I know you have had a lot of experience in buying federal post offices. We are thinking of a new post office; the government has offered us money for the property on which we are presently located, and we will of course. have to relocate. Would it be advisable for the City to bid on the erection of the post office and make the money on it instead of a private contractor? We were wondering if you would be good enough to enlighten us on it. Mr. Steinmetz: It's a good idea to entertain the thought anyway. You would no doubt have some advantages in that you would own the property. My experience with these things has been this; I have bid on a great number of them and I have been able to get four out of eighteen that I have bid on. The competitive situation on them is generally quite high. They come from all over the United States to bid on them because they are advertised all over. It's highly competitive. It amounts to this - the post office department has a lot of statistics - the maximum of what they will grant, etc., and they are pretty well versed on costs. You could be low bidder and still be thrown out. They have a department formula which they use; they allow you 6% on the land cost - they figure no depreciation, on land. In addition to that ::hey will allow a nominal allowance for all insurances, and will allow 1% for repairs annually. In addition, they will allow 7.85 on your investment. You as a City bidding would not have the advantages that I had; for instance, • • (0etober 14, 1964-continued) 27'• • I get pretty fair return on these that I have because I was able to keep my costs so low. If you had to hire an architect, which you would have to do if you are the accepted bidder because you have to present complete drawings, and if you had to hire a contractor to build it, you wouldn't have those advantages. That is the way they would figure it - 6% on the land, 1% for repairs, and 7.85% on your investment plus insurance. Councilman Nolde: Is there any advantage in getting our money at 3%? Mr. Steinmetz: You can see by their formula that if you had to borrow any money on them, it wouldn't be a good investment. Mayor Charlsen: Our cost for the money would be about 3%. Mr. Steinmetz: If you could borrow at 3% you would have an advantage - that would take care of your depreciation. The fact that you have the land would be a decided advantage. Mayor Charlsen: Do you think that would be enough to cover the additional costs? Mr. Steinmetz: If you have a $250,000 building, and you got $80,000 for the land - 17% of $170.000 is what it would cost you. Mayor Charlsen: Would you be interested in this type of work as far as the City of Stillwater is concerned? Mr. Steinmetz: No, I am out of that; just what I have to do for myself. Mayor Charlsen: Would you be interested in hiring out to the City as an architect? Mr. Steinmetz: I couldn't unless I worked in conjunction with someone else. Architecture was merely secondary in conjunction with the lumber business, so I never bothered to become licensed. Councilman Powell: If we were going to bid, ha,''_.ng the land, do you think it would be a good move in helping to pay for a new city hall? Mr. Steinmetz: Yes. I believe that in Fort Meyer, Florida, the City was the successful bidder on a new post office. Councilman Powell: It might not hurt to drop a line to Fort Meyer to see how their feeling is now that it is built. Mr. Steinmetz: I would say that: it would be very worthwhile checking. Councilman Powell: We would pay for the building in twenty-five years - there would be no profit except for the building itself? Mr. Steinmetz: You would have profit - 6% interest on the remaining balance. Mayor Charlsen: If the building cost us $250,000, it's going to be paid for in twenty-five years - $10,000 per year plus taxes, plus 7.85 on whatever the building costs, p:.us 6% on land. Councilman Iverson: Even with the advantages we have, it's pretty risky bidding on it, isn't it? Mr. Steinmetz: It would be a double hazard for you - you would have to figure cost of construction and you would have to figure how much you can get on returns. Sometimes there are eighteen bidders on these things. Councilman Iverson: They do not supply working drawings? Mr. Steinmetz: They supply what they call tentative plans. Councilman Powell: If we decided to bid we would have to go with one contractor. Mr. Steinmetz: That's right; it would have to be someone of a substantial nature who would give you a firm price. • • • (October 114. 1964-continued) Cormcilman Nolde: Could we build without advertising for bids? It may be /interesting to ask Fort Meyer how they handled that. Conuncilman Powell: We shouldn't even consider doing it without a firm bid ri _ght off the bat. Mr:. Steinmetz: If heelp to you, I will Councilman Powell: e,..perience and if w Mrs. Steinmetz: The you find it feasible to go into this, and I can be of any be glad to help. We have to know the step by step procedure. We have no e could ask you these things, it would help. performance bonds they require are very strict. Comacilman Powell: I think the fact that we can get a new city hall for practically nothing is worth looking into. Coouncilman Nolde: This is one business I would like to stay out of. Coouncilman Iverson: I like to gamble, but this sounds treacherous. Councilman Powell: I personally would be in favor of it. Mayor Charlsen: They said they thought $80,000 would be acceptable; the asctual full and true value of tiffs property isn't $30,000. Mar. Steinmetz: Just write to Fort Meyer and tell them that you are considering snemething like they did, and ask them if they felt it was a good or bad thing f.:mr them. Mayor Charlsen: We would like to look into it further. MDGOURNMENT Wn motion of Councilman Powell, seconded by Councilman Nolde, the meeting adjourned est 9:11 P. M. Fattest: / City Clerk Mayor • e OCo'eacil Chamber Sstiilwater, Minnesota S Special Meeting October 20, 1964 7:30 P. M. 'The meeting was called to order by President Charlsen. :Present: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. :Absent: None. IHayor Charlsen: We are going to have a presentation from the Parking committee, :and also a discussion with the architect in regard to a new City Hall. lbir. Edward Frye: You all have Mr. Harstad's letter in which he makes recommen- dations regarding signs. (as follows:) Erickson Lot 2 - 30" x 20" (Parking) on Main Street Entrance. 2 - 24" x 24" (Do Not Enter) on Water Street Exit. 1 - 24" x 24" (Stop Sign) Water Street Exit. Commercial Avenue Lot 2 - 24" x 24" Stop Signs - Main Street Exit. 2 - 24" x 24" Stop Signs - Water Street Exit. 2 - 30" x 20" Parking Signs with Arrow - Main Street Entrances. 2 - 30" x 20" Parking Signs with Arrow - Water Street Entrances. Peaslee Lot 1 - 24" x 24" Stop Sign - Second Street Exit. 2 - 24" x 24" "Do Not Enter" Signs - Second Street Exit. 4 - 30" x 20" Parking Signs with Arrow at Second Street Entrances. Also, a special sign 30" x 20" should be made up to indicate the time limit and rates of meters, and should be installed at the entrances to each lot. Elir.' Fryet We also recommend that you paint both the north and south sides of IKiLty's building - paint it white and then have a sign saying, "City Parking Lots". °Councilman Nolde: There was a gentleman who talked to one of the councilmen sabout putting billboards there. mix. Frye: There would be nothing wrong with that - you would still have twenty :feet to get parking signs on there. °Councilman Nolde: He thought they would put up four billboards and pay the City sso much rent per year. NKr. Frye: We would like to recommend that Ron go ahead and order the signs. °Councilman Nolde: I move that we instruct the City Engineer to order and install tthc necessary signs for parking lots, and make some sort of arrangement to see tkhat the Kilty building on the north and south side is painted. Councilman. Simonet seconded the motion. (all in favor), Mir. Frye: Do you want to take up the rest of this report on parking meters? We free). that by cutting down time limits on Main Street meters, it will give us more sepaces when we need them. I9' • • 30 (October 200, L964-continued) • • • Councilman Nolde: This i^n't something that has to be done right away; I would like to make the motion that we table this report and study it. Cihty Clerk: Mr. Harstad called Friday and agab today; he said that in order to get the meters for the parking lots here in time. they should be ordered oust, so the order was placed today in accordance with the recommendation of thhe Parking Committee, approved by the Council at the last meeting. I told hiin our order was for 113 meters, but he said we had better order some extras, soo the order was placed for 120 meters. C:ity Attorney: I would like to point out that there is one portion of this arrea which is questionable as to whether we can put meters on the sidewalk - doown by the old depot - the City doesn't own that sidewalk and we couldn't install meters without some provision from Hooley, who has purchased that pimoperty. Mt. Frye: I put that in there with the thought that probably there would be scone objections to it, but we might be able to put meters in there. City Attorney: I would like to ask the Council to call Mr. Harstad tomorrow mourning and hold up the order until we can determine whether or not we are in tI:ie right to put meters in down there; then order the proper amount. It would b..e a lot better than ordering meters we couldn't use. C.•ouncilman Nolde: What would we do with the old meters? Mir. Frye: They will need replacing all the time. Coouncilman Nolde: we would be better off by using the meters a little while lo.onger and then replace them. Mir. Frye: If you go along with the recommendations, you will need 46 new meters. Mar. William Gfrerer: These are additional meters - not replacing of old meters. Oreuncilman Powell: The meters for streets will ha.,e to be purchased out of the garneral fund, so if we don't order ztreet meters immediately, there is no problem anyway. Mir. Frye: Except that you will have to readvertise for bids. Mayor Charlsen: There is no money available for them this year anyway. Ccounciiman Nolde: This is a good plan and worthwhile studying and getting mconey together so we can go ahead and do it; if we have a little money next near. teen we can sit down and study it. C•Councilman Iverson then seconded Councilman Nolde's motion to table this matter and study it. City Clerk: In connection with ordering meters, Mr. Harstad suggested that yvou give some thought to having the meters colored to distinguish between time llimits, but he later decided to use the silver color for all of them, as they msay have to be changed at some later date. Councilman Powell: It would probably be a good idea to change the color of t_he poles rather than the meter heads. C_"ouncilman Simonet introduced Mr. Peter Raccini (architect) to the members of t::he Council; Mr. Raccini then presented his report in regard to the feasibility o.f building a new city hall on the tract of land behind the present building. Mfr. Raccini: I have studied this, and I do want to say. after working on this f.:or almost two weeks, that I tried every way I could to see if it were feasible t._o build a municipal hall there, and I would say that it appears that it would • • • (October 20, 1964-continued) • • be inadequate; we w uld not be gaining anything as far as upgrading your present facilities. In this study I made a general statement of existing buildings - that something should be done. The population of Stillwater is increasing and it is increasing faster than what was expected. According to your Comprehensive Guide Plan, Myrtle Street in the future would be planned as a minor arterial street, and your site would be made even smaller; you would lose about 10 feet in the future; then you would only have 60' x 140' of usable site. Speaking of the site, I did mention in here with respect to planning a site, to preserve natural elements such as open spaces, sun and sky. I say sun and sky because it is very possible that some of the rooms in the building would becom:, exterior spaces without windows; also, public and employee access to the building should be highly considered. You should give consideration to elderly people - try to avoid barriers such as stairs, etc. L studied the existing facilities - the city administration is operating from two buildings at the present time and this is very inconvenie;.t. The fire department was erected in 1887, and it is becoming increasingly difficult to maintain, and also, the police department should be modernized. Mr. Raccini then outlined preliminary plans for a proposed city hall building, the amount of space required, and the type of facilities needed for operational purposes. Ar. Raccini: After some study and programming, we feel the site is improperly designed for a municipal building. The site you have in mind is approximately one-fourth of what the post office site would be. Councilman Powell: In this preliminary study, did you come to any preliminary price? Mx. Raccini: Yes, but it is preliminary price. I would say, depending upon many factors, in the neighborhood of $300,000. This would be essentially a three-story building and partial basement. Councilman Nolde: What could we do if we picked up another thirty feet of land? Mr. Raccini: I still think you are not giving your designer much flexibility in coming up with something desirable. Councilman Iverson: Most of your figures are minimul? Mr. Raccini: They are about average figures; we tried to be realistic. Councilman Simonet: There ie just no question about it, we do not have enough room to build. councilman Powell: To build in another location would be about the same price? Mr. Raccini: Somewhat less for a one-story building; basically this is a preliminary estimate - variations, I would assume, would go toward being less rather than more. Councilman Powell: You made a very good study. If anything is done along these Lines, we would have to be very economy minded, but basically you have good sound ideas. We have to get our heads together and do something. .Mr. Raccini: If you don't build completely for the future now, you should at Least be in a position to do it in the future. I usually recommend master planning .and then everything is set up for it. 'Councilman Powell: We have to give the government an answer about the post office; -the only way we could do this is to find some available land or else give them a nnegative answer. If we don't build on this particular site we are not completely sstimied; there must be some avail hle land. I would like to see the post office con this site; it would add to the tax rolls and add the old post office to the stax rolls. Mgr, Raccini: The way your fire department presently operates, you wouldn't have ttc have it near the police department - they cperatc independently el each other - 3G • • ,nevertheless, it is always good to hale a civic center - a jroup of buildings Lends to civic pride. Councilman Nolde: I have to say you have done a good job, and I think we are a lot smarter now then we were a couple of weeks ago. . MJr. Raccini- Even though my recommendation is on the negative side, the study was very worthwhile; we have got to have a positive program and this is something that is still usable. Councilman Powell: We know this building we have here isn't going to last too much longer; just because we have an opportunity to get a post office on this land just ties everything together. Councilman Nolde: After you have spent two weeks here, do you recommend this site for a new city hall or for a post office? .6Ir. Raccini: It is an excellent site for a new city hall. City Attorney: Do you .snow what the City w ; offered for this site? Do you feel that this is a fair and equitable price? jir. Raccini: Yes, I do. .City Attorney: Do you think it's advisable for the City to retain all of its :present land? Hir. Raccini: More study should be made and feelers put on other property, and oget some idea of what other places are going to cost you. oCity Attorney: You haven't checked the City of Stillwater for good construction ssites? Mr. Raccini: There were a couple of other sites, but I don't recall if they would be feasible from a practical situation - the price situation. CCouneilman Simonet: Did you have a chance to look at the post office? NKr. Raccini: I saw it from the outside; i understand it has very high ceilings. Weyer Charlsen: It could very easily be second storied. Councilman Nolde: If we were going to move down there - give the post office tithe back sixty feet and leave the fire station where it is. Mayor Charlsen: They don't want it; they have to have frontage on Third Street. MT . Raccini: I would question this move; I think you're getting into a high density area there - you would have parking problems. Councilman Nolde: We will probably be contacting you later, Mr. Raccini, tihank you very much. Ehe City Attorney informed the Council that he had been contacted by a Mr. F?arish of Haarstick, Lundgren & Associates of St. Paul, an architectural firm, regarding the City's interest in building a new city hall. Mr. Parish was poresent in the Council Chamber and heard Mr. Raccini's presentation. Mdr. Parish: I would suggest that from an architectural point of view, if you where satisfied with Mr. Raccini's point of view, you'should go right ahead with iit. I do not want to pretend to be here under false pretenses. t4ikyorCharlsen: Mr. Burt Rivard owns twenty-three acres of land which he has b.'een using for feeding stock, and he has had horses. Mr. Jerry Aldritt is • • • 33 in r�idingghorses; someoneat the ytoldhhimethatintention hecouldn1'tyhavit. four eriding horses on that poropertY - did any one of you tell him that? e at City Attorney: Aster checking ordinances, thereniss ne is otordinanceothatdI cannsee 1. an see that states that it is illegal to have horses, Mayor Charlser.: I can't see anything wrong with it. price on City Engineer: I have a letter from Mr. Harstad insehichs.lhe ehquotes ppiice with pipe to hold the parking meters, and also bumper pD two outfits, one of which was the Water Board. The erhBoe ard wants tss604ope_ foot in three foot lengths - Harstad wants 80C; he gets $4.25 and we can get it for $3.75 for five foot lengths delivered here. Councilman Nolde: I move we instruct the City Engineer to order the pipe through the Water Board, and also order the bumper posts through them. Councilman Iverson seconded the motion. City Engineer: We are through drilling test holes at Mcxusick Lake Dam. The thet lone theyaboratoryd islnot backrilewasryet, butt the preliminary figuresfofficial thatpattfrom ight at that point, there is 48 feet of fill - the soil 2wfefeet 43 ftheLthere ais foufour s feet of muck. The :lest hole, fifty feet west, the fill starts at 62 feet, so there is 19 feet of muck, and the next one, the fill is at 29 feet, t?e soil is at 50 feet, which leaves 21 feet of muck. Councilman Nolde: How many yards of fill would it take to bring it up twenty feet? City Engineer: About 40,000 yards. Councilman Powell: Do you feel that by putting all these yards of dirt in there we are forcing all of this muck up on the sides? City Engineer: We are displacing it. Councilman Powell: As an enc,ineer, do you feel that it is worthwhile to continue this project? I don't think it is, now that I hear this report. Councilman Nolde: Well, we've almost got it licked now. How much money have we put in this dam? If we drop it now, we've lost all that money for nothing. Councilman Simonet: Why don't we wait until the laboratory results of the test borings come back and then we can make a decision. City Engineer: We are displacing land that lies to the north of the dam and that is private pro,:erty. ADJOURNMENT On motion of Councilman Iverson, seconded by Councilmen Powell, the meeting adjourned at 10:03 P. M. Attest: Mayor • i34 • • Council Chamber Stillwater, Minnesota Special Meeting October 29, 1964 9:30 P. M. lite meeting was called to order by President Charlsen. Present: Councilmen Iverson, Nolde, Powell, and President Charlsen. Absent: Councilman Simonet. RESOLUTION The following resolution was read and was, on roll call, unanimously adopted: L. Resolution Authorizing Purchase of Land for Off -Street Parking Purposes. (Lyman Sutton Estate). ADJOURNMENT On motion of Councilman Iverson, seconded by Councilman Nolde, the meeting adjourned at 9:45 P. M. Attest: City Clerk Mayor gdiet • • • • 35 • • Council Chamber Stillwater, Minnesota November 10, 1964 4:30 P. M. Regular Meeting The meeting was called to order by President Charlsen. Opening prayer by the City Clerk. Present: Councilmen Iverson. Nolde, Simonet, and President Charlsen. Also present: Councilman Elect, Roger Peterson. Absent: Councilman Powell. On motion of Councilman Nolde, seconded by Councilman Iverson, minutes of the following meetings were approved: Special Meeting Regular Meeting Special Meeting Special Meeting Special Meeting September 30, 1964 October 6, 1964 October 14, 1964 October 20, 1964 October 29, 1964 1:00 P. M. 4:30 P. M. 7:30 P. M. 7:30 P. M. 9:30 P. M. APPLICATIONS On motion of Councilman Nolde, seconded by Councilman Iverson, On and Off Sale 3.2 Beer Licenses were granted to James L. Gardner, Brown's Creek Inn, on the second reading of the applications. Om motion of Councilman Nolde, seconded by Councilman Simonet, a soft drink license was granted to Chilakoot Bow Hunters, Inc., 317 South Main Street, for a period of two months; November 1, 1964 to December 31, 1964. Mayor Charlsen: Mr. Gorge Thomsen, who now has the pool hall, wonders if it will be alright if they stay open on weekends until 12:00 A. M.; they have been closing at 11:00 P. M. on Friday and Saturday, and 10:00 P. M. on week nights. Councilman Nolde: If I can recall, we left it up to the descretion of the Chief of Police - at no time did we set a time for him to close. I see nothing wrong with the man staying open until 12;00 A. M. on weekends. Mayor Charlsen: I can see nothing wrong with it; notify the police chief to inform Mr. Thomsen that he may stay open until 12:00 A. M. on weekends if he continues to close at 10:00 P. M. on school nights. COMMUNICATIONS Prom the Board of water commissioners in regard to annual inspection of fire hydrants throughout the city. (a list of twenty-nine oldhydra::ts needing replace- ment was attached). • / 3 p (Novembeer 10. 1964-continued) • *Chief Lawson: Three of these are in strategic places and really should be :replaced. At Pine and Fifth Streets, Olive and Holcomb Streets, and willow and Broadway Streets. .Mayor Charlsen: The only thing we can do is give it some consideration on .our budget; it's a cinch we can't take care of all of them. City Clerk: Shall we try to squeeze in three thousand dollars for hydrants? Mayor Charlsen: At least. From the Rockwell Mfg. Co., Pittsburgh, Pennsylvania, confirming City's order for 120 parking meters. Prom Jack Hooley, President of Hooley Super Markets, Inc., requesting per- mission to enlarge the present parking area, to the south, in connection with their market on South Fourth Street. Councilman Molds.: It sounds good to me if you are going to be able to provide more parking - right now it's a little congested. City Clerk: I did check with the Building Inspector - he stated that this would be a Council matter. Councilman Nolde: I move it be approved. Councilman Iverson seconded the motion. Mayor Charlsen: Bo you suppose there will be a repercussion on that? Jack Hooey: I don't know, but the house that is there now is in bad shape and it will go from bad to wcrse. with a fence there, I think we will improve the looks of the entire area. City Clerk: The Building Inspector has no objections, but this little piece of ground would need to be rezoned - this would be done by ordinance. Mayor Charlsen: A motion has been made and seconded to grant it, but we can't. Councilman Nolde: Are we going to have to hold a public hearing for that fifty feet:? Councilman Simonet: Anyway, you want this no matter what we have to do. I will move we refer it to the Building Inspector and the City Attorney to do whatever we have to do. Councilman Nolde seconded the motion. Mayor Charlsen: I knew we couldn't grant permission - you can't just grant it without rezoning. City Attorney then read from the zoning ordinance. and read the amendment to said ordinance, which states that the Council can grant such permission without a bearing, if the substantial property rights of others are not involved. City Attorney: In the first place, this request hasn't been in compliance with this ordinance, but if you feel that property rights are not involved within 300 feet, you can go ahead and grant it. Mayor Charlsen: we will be having another meeting next Tuesday; could you get a sketch of some kind and submit it to the Building Inspector before that date? Jack Hooley; Yes, I can do that. • (November 10, 1964-continued) :37 • 0 From the City Clerk of Fort Myers, Florida, in regard to bid on erection of a poost office building at Fort Myers. Ciity Clerk: As you recall, I was directed to write to Fort Myers and ask if thney were the successful bidder on the construction of a post office in their ciEty. It is stated in this letter that they were the apparent low bidder, but Ulm bid was awarded to another party. Mayor Charlsen: Follow through on that and ask if any reason was given, or what haappened. Mom Peter L. Racchini, architect, proposing that the City enter into a contract w:'ith him covering any future work in regard to a proposed City Hall. M:h.yor Charlsen: What did you think of his work as an architect, Ron? C:Lty Engineer: I looked over his building at White Bear Lake - he knows what he doing. If you are thinking of going ahead, it would be a shame to go with snomeone else after he has done all the ground work. Councilman Simonet: Let's file that letter and if this gets off the ground, we c::a<n contact him. Ceeuncilman Nolde: Send him a letter and tell him we haven't made up our minds ret as to which way we are goira; he did present a nice program to us. Mayor Charlsen: Tell him nothing further is being done at the present time, but hie will be contacted; shall we tell him to submit a bill? councilman Iverson: Let it ride. Maayor Charlsen: In all probability he will be submitting a bill anyway. Flrom the State of Minnesota, Department of Health, in regard to the City Dump, Lasting several recommendations and requirements for the operation of a sanitary llandfill operation. councilman Nolde: People from Fairmeadows complained to the Health Department about putting a landfill dump near there. A fellow from the Department came to ry home and asked if he could spend some time with me and explain some type of city dump. I asked if he ever received a complaint on our present dump in the Mast five years and he said no. I told him he had no business coming over here and telling us how to run a dump that we haven't got, but if he had some ruecommendations about a landfill dump, he should write them down and send them Oto us - which he has done in this letter. He sent us this letter because he told gpeopLe in Fairmeadows that they didn't approve of a land fill dump, but later he said they did approve them. Mayor Charlsen: We asked them for a letter a long time ago stating that the Rpresent dump could no longer be used as a dump, and that we should go into a ssanitary land fill. °Councilman Nolde: They tell the people one thing and tell us something else. I ssay we should ignore the minnesota Health Department: 1/be Clerk was directed to file the litter. 0 • • • 38 • • From the following insurance agents relative to the City's insurance program. (these letters are in response to letters written by the city Clerk, as ordered by the Council). Krog Agency, Inc. - recommended that the City hire a commercial appraiser. R. W. McGarry & Son Agency - recommended that the City hire a commercial appraiser. Stillwater Agency, Inc. - recommended that the city hire a commercial appraiser. John C. F. Kaske - recommended that the City invite all interested agencies to meet with the Council and discuss the matter for the purpose of arriving at a definite conclusion that would be mutually beneficial *o all concerned. Mayor Charlsen: We will file the letters; there is nothing we can do about it now, anyway. Prom Agnes S. Hayes, tendering her resignation from the Stillwater Planning and Zoning Commission. sirs. Hayes did oot give a specific reason for resigning. Mayor Charlsen: No one has been appointed to take her place. There will be a reorganization of the Planning and Zoning Commission in the immediate future, and we will have to wait for their recommendations. Copy of a letter from Dorsey, Owen, Marquart, Windhorst & West, confirming City Attorney's opinion that it is not necessary for the City to hold an election on the question of building a new city hall and fire station. From Patch & Erickson, Inc., architects, Minneapolis, Minnesota, in which it is stated that they would appreciate the opportunity to discuss the possibility of providing architectural services in connection with a proposed new city hall. The Clerk was directed to file the letter. From the University of Minnesota, General Extension Division, announcing Civil Defense conferences to be held on December 2, 1964 at the Minnesota Mining small auditorium building, for all elected and appointed officials. From the Soil Exploration Company, St. Paul, Minnesota, citing official lab results of test borings taken at McKusick Lake Dam, and offering suggestions for the completion of the project. City Engineer: In a manner of speaking, they reserve opinion until such time as we could check the situation further. It simply states that if we are going to consider going ahead, we will find it a long, slow, tedious process, with much time and money expended. They do state two alternative ways of doing it. One way is to dynamite and blow all of the muck out and start filling all over again; the other way would be to put in a drag line unit, which is not feasible at the pr=sent time. • • • (November 10, 1964-continued) :39 • • Mayor Charlsen: How much as this cost us so far? City Engineer: I don't know - we haven't received a bill on this as yet. Mayor Charlsen: At least we have the information - I would suggestlou keep it. Councilman Nolde: These buildings downtown - they said they would give them to the City and we could use that for fill at the Dam; how does the Council feel about that? Mayor Charlsen: I don't know what good it's going to do. City Engineer: It would help, but it's a question of what you want to do with it - how do you want to go about it? Councilman Nolde: Would it be better to dynamite first - before we take the buildings? City Engineer: It would be more feasible. Councilman Nolde: Would the fill from the buildings be any good on Everett Street where the bridge is? City Engineer: Sure, but you would have to put in a w.. ermain and sewer. Mayor Charlsen: Yr , could almost finish the project at Lily Lake with that fill. Councilman Nolde: Neu that we have all this data, do you think we would be smart to turn it over to the government? City Engineer: I would like to send one of these reports to the State Conservation Department. I would make some reference to the original bill of lading they sent, showing lengths of sheet piling that they sent out. With the Council's permission. I will send this to them. Mayor Charlsen: 1 would like to see that done. Mayor Charlsen: We have representatives here from the Parking Committee. Mr. O'Brien: Is anything going to be done in the near future to tear down the Peaslee garage? City Clerk: I have been trying to reach. Mr. Griffen; apparently he is out on some other jobs. When he was here, we were not ready, but he said they would get back to town as soon as they could. are Mr. O'Brien: It has been brought to o - attention that there/a couple of people who are asking to be given parking space at a nom'nal fee for their own personal need. Also, that someone wanted to remove a couple meters to proiide more space for better access to a business. Mayor Charlsen: That is Sheldon Smith; he is willing to pay for the use of the spaces .:o he can make a change in his driveway. Councilman Simonet: I suggest we refer this request to the parking committee and you can come back with a recommendation as to how you want to handle it. The decision, I think, _hcald be made by your people. You can see our position. I don't see anything wrong with it because we are making use of these two spots throughout the whole year. Mayor Charlsen: All we are interested in is getting as nuch income from these lots as we can. Councilman Iverson: The bond money was to be used to acquire morey for off street parking; in doing "as, you can't take part of this money for anything else. Mr. O'Brien: If we m get together with Sheldon, we can come ,:ack to you. • • • 40 \PVYv,xueu lY, Mayor Charlsen: These aren't to be used for parking spaces? 1 her. O'Brien: No; he wants to widen his driveway. 'Councilman Simonet: As far as I am concerned, that changes it all around; I -understood he wanted the space for parking. I will take thatback about refer - :ring it to the parking committee. .City Attorney: Generally speaking, you can't go contrary to the original purposes, but I will check it out anyway. Mayor Charlsen: Well, somebody is coming up about using some space for adver- tising purposes. _. City Engineer: We have laid out places for stalls and there will be roughly two feet in between the posts and the wall. Councilman Iverson: If the billboards are illuminated, that may solve the lighting problem. Mayor Charlsen: Well, we will tell Smith to talk to you fellows and see if you can come to some sort of an agreement. Jack Hooley: Th..re is no use having a meeting until we check with the City Attorney. City Engineer: In tht: meantime, what do I do about the parking meters for those two spaces? Councilman Simonet: Put them in. City Engineer: I think Mr. Smith could get by with one space. City Attorney: Would the State Highway Department ever get into the act on that? City Engineer: They might come over. Mr. O'Brien: Until th., time comes that we think we need additional revenue... Mayor Charlsen: We need all the revenue we can get, otherwise we will have to have anuther assessment. On motion of Councilman Iverson, seconded by Councilman Nclde, the meeting adjourned to 7:30 P. M. This portion of the meeting closed at 6:12 P. M. 7:30 P. M. - Meeting Reconvened COMMITTEE REPORTS Councilman Simonet: Ron asked for permission to purchase a new sander for the new dump truck - there is money in the budget to do it; it will cost approximately $995.00 installed by the dealer. Councilman Nolde: 1 move that the councilman in charge handle the situation. Councilman Iverson seconded the motion. (November 10, 1964-continued) • Councilman I''erson: . Hrs. Fleming called the City Engineer regarding street lights on Oak Street and Seeley Street - they have completed all those new houses out there and they •wi11 need two or three lights. I would like some authority to go out and check it. Mayor Charlsen: Get it lined up. Councilman Iverson: The only other thing I had was lighting on the parking Lots, and we talked about that earlier. •Councilman Nolde: i aLL of our skating rinks are getting in shape - one at Staples Field; one on :South Broadway, and two at Lily Lake. We have purchased $175.00 worth of Blockey equipment from Bayport to build a rink, but it will not be used for bhockey - just to keep the snow front blowing onto the rink. In two or three yyears.it will more than pay for itself. P.91so, the pump they have been using in the Recreation Department to flood rinks belongs to the Fire Department, and the Chief says that the portable pump is sehot. Chief Lawson: It isn't shot, but it will be if we continue to use it year after pleat. Councilman Nolde: Let's get our stories straight: You said it was shot: Chief Lawson: I don't want him (Blekum of Recreation Department) to use the pump woe have in the fire department because if it breaks down, then we won't have one. C•»uncilman Nolde: But as far as you are concerned, it works good and he can use i-A? titre Chief: He can use it, certainly. Coouacilman Nolde: I thought we needed a new pump. Chief Lawson: We do. Coouncilman Nolde: It's $400.00, so if we can get along without it; Blekum made t&e statement that we should get a new pump and if yours broke down you could use ouur pump, but you said your pump was in good condition. Ciiuef Lawson: It is an emergency piece of equipment and I don't want him to use it. Cilty Engineer: We can make arrangements for Mr. Blekum to use our pump from the seewage disposal plant. Councilman Nolde: That's fine. Maeycr Charlsen: I .have the budget for the Police Department; other than that I have nothing to reeport. • (42 • (Novembber 10, 1944-continued) • • PETITIONS None DELEGATIONS OR INDIVIDUALS Mr. Leo Lohmer, Oak Park: I am the operator of the Lohmer Outdoor Advertising Company...I have been operating the business for the last thirty-six years. A few years ago an ordinance was passed regarding the elimination of billboards in the City of Stillwater. I feet that actually they should be limited, but not exactly eliminated. I am petitioning you gentlemen to allow two more poster panels - on the southwest corner of Walter Wolf's property on the corner of north Broadway and Alder Streets; 101 feet from the center line of Highway #95, and 50 feet north of Alder Street. I have permission from Mr. Wolf, and it would not be a traffic hazard. Then, I have another matter pertaining to the erection of possibly two or three more signs on the new parking lots which you have down near Kilty's Filling station on Main Street. I was prepared to make an offer in that regard, and I still will do it, but am doing it hesitantly because Mr. Ogren, the new owner of the Kilty Company, asked me if I would hold off doing anything for at Least thirty days. He is going to talk to the Conoco people to see if something can be done about those walls. Normally, I pay $20.00 per year, but I was prepared to offer you at least four times that money. The signs would be illuminated and would help the parking lots. I brought along an agreement and I would like to have the City Attorney look it over - perhaps he could draw up a better one. I also have a sample of signs that we have in Stillwater...I want to do whatever I can to help the communi+y...I keep my boards in good condition. Councilman Nolde: You could actually go down there now and put a couple of billboards up against the south wall of the Erickson lot. Mr. Lohmer: On his own wall (Ogren) he told me tonight he hopes to get Conoco to put some kind of sign on it; if I put my signs there it would almost eliminate his. Councilman Nolde: You would have them on both walls, wouldn't you? Mr. Lohmer: They would be on telephone poles about 6" from the wall. He said he didn't think he would do anything on the north wall. I just feel that I should be sportsman enough and give him a chance. Actually, the distance between the Kilty and Shell buildings is too short a distance for showing the sign; we couldn't put one in there anyway. My in- tention was, besides giving $80.00 per year, was to paint the rest of the wall that would be shown. The way Ogren spoke, he wouldn't have anything on the north wall. Probably within two weeks I could put something on the north wall if that is satisfactory to you. Mayor Charlsen: Would the lease call for one year? Mr. Lohmer: It does, but we can change that. I would like to have sixty days notice if you were going to make a change. Mayor Charlsen: I don't think we should sign a lease for any length of time on any of that property because something might come up that will be advantageous to the city. Councilman Nolde: What size billboard do you have in mind for the north side of the Kilty building? Mr. Lohmer: 12' by 25' - the same as the others. Councilman Iverson: I would like to see three illuminated billboards on that north wall and cover up the whole wall. Wive • • • e (November 10, 1964-continued) 43\ Coouncilman Nolde: I am in favor of the program; it'u just a matter of working soomething out with Mr. Ogren. Coouncilman Iverson: Would you put three signs up there? Muir. Lohmer: Definitely two, and possibly three if it is feasible. councilman Iverson: That is fine with me. The north wall of Kilty's is taken c:are of now, and the south wall we will let go for now. CCouncilman Nolde: That is something he could work through your office, Ron. City Engineer: We will be glad to help him all we can. ccsuncilman Nolde: what about those two signs north of Stillwater? M17ayor Charlsen: They should be checked out by the Chief of Police and the City Eggineer first, because there is quite a curve there. CCouncilman Nolde: I would like to make the motion that we turn this over to the c:Lty Engineer and the Chief of Police to find a solution to the problem. I would aiLso like to include in my motion that the City Engineer work with Mr. Lohmer on t_he billboards for the parking lots downtown. Councilman Iverson seconded the motion. (all in favor). Mlayor Charlsen: I think the city Attorney should he instructed on that lease that i.t is not to be for any length of time, but that he will be protected as he will have sixty days notice to remove them if necessary. City Attorney: Any price? Type of lights? Mdr. Lohmer: I will be very happy to talk with the Chief, the City Attorney, and Rdo-n to work this out. UMNPINISHED BUSINESS TThis was the day and time set for a public hearing on the petition to vacate a p.•art of East Willow Street. TPhe Clerk read the notice of hearin3 aloud; the Mayor inquired if the notice of heearing was published, and the Clerk informed the Council that the notice of hearing was published in the Stillwater Evening Gazette, official newspaper of t:.he City, on September 18, September 25, October 2, and October 9, 1964. The Mayor then opened the hearing. NAa one appeared for or against the petition to vacate a part of East Willow Sitreet; the Mayor then closed the hearing. c:Lty Clerk: I do not have the final plats on this addition. Mtlayor Charlsen: Engineer, have you checked this out to see if the description i_s right? City Engineer: Yes, sir. Mayor Charlsen: We can't vote on this tonight anyway. (all council members must bae present to vote on the vacation of a street - Councilman Powell was absent). TPLe item was then carried over to November 17, 1964, at 7:30 P. M. • I (November 110. 1964-continued) • TH'he Mayor stated that a replacement had not yet been named for Robert McGarry or: the Recreation Commission. Coouncilman Nolde: I proposed the name of Gordon Smith once before, and I woould like to propose his name again. Coouacilman Simonet then moved that Gordon Smith be appointed to the Recreation Ceb:nmission to fill the vacancy created by the expired term of Robert McGarry. OM:mailman Iverson seconded the motion. (all in favor). C_'1ty Engineer - reported that no report had been received from N.S.P. on the hand exchange between N.S.P. and the City; land adjacent to the sewage disposal p:1 ant. The City Engineer stated that he had no report as yet on the estimated cost to sucrEace part of West Pine Street. Att a previous meeting, a variance permit was granted to Culver Davis to enable hum to build a new home, subject to the approval of the City Attorney. Tine City Attorney reported at this time that the variance permit did have his aporroval. NEEW BUSINESS Ono motion of Councilman Simonet, peersons were appointed Auxiliary Bernard J. Peltier - Etsfern D. Andrews - seconded by Councilman Iverson, the following Firemen, as recommended by Chief Lawson: 1305 South Second Street 110 North Sherburne Street Ona motion of Councilman Nolde, seconded by Councilman Simonet, the following insurance policy was approved: Policy No. WC 362 278, issued by the Agricultural Insurance Company; Workmens Compensation and Employers Liability - total estimated annual premium - $4,701.39. (premium exceeds the bid on Compensation insurance because volunteer firemen were not included in the bid, and the estimated premium for this item is $562.74). Mayor Charlsen: Does this include auxiliary police? Citty Clerk: I think he did say it included auxiliary policemen and drivers. Maflor Charlsen: I think that you had better check that to be positive. On notion of Councilman Simonet, seconded by Councilman Iverson, the following insurance policy was approved: • (November 10, 1964-continued,, 45 `, e Policy No. IA 646516, issued by Hartford Fire Insurance Company, Hartford, Conn. - Automobile Physical Damage policy; total premium $810.00, covering city owned vehicles. Coverage is as follows: Comprehensive Collision, Fire and Lightning, and Transportation. OOn motion of Councilman Simonet, seconded by Councilman Iverson, the Building Ilnspector's report covering activities during the month of October, 1964, was aapproved. OOn motion of councilman Simonet, seconded by Councilman Nolde, the following entirety bond was approved: Surety Bond No. 3441499-D, covering Robert G. Huston, for the purpose of making excavations in City streets and alleys, in the sum of $5,000.00. COn motion of Councilman Nolde, seconded by Councilman Simonet, the following contract was approved: Between Tower Asphalt, Inc. and City of Stillwater - surfacing of municipal parking lots -in the sum of $7,269.47. Oft motion of Councilman Simonet, seconded by Councilman Nolde, the following contract was approved: Between St. Joseph Township and City of Stillwater - rural fire service for the period May 1, 1964 to November 30, 1964- in the sum of $200.00 per call. Oita motion of Councilman Simonet, seconded by Councilman Nolde, the following ca:ontract was approved: Between Rockwell Mfg. Co. and City of Stillwater - 100, more or less, automatic parking meters -in the sum of $58.00 per unit. C.:Lty Engineer: Mr. Harstad was over yesterday morning, going over the parking lents. On the peaslee bus garage property, it is more adaptable for twin head mutters. If you order them with the meters it is $5.50; if you order thecae later itt is $7.50; therefore, it is more feasible to have those at $5.50, so I told h:im to go ahead and order them with the meters, so we will have to issue a clhange order on the contract. Maiayor Charlsen: O.K.. Onn motion of Councilman Nolde, seconded by Councilman Iverson, the following coontract was approved: Between Moelter Construction Company and City of Stillwater - storm sewer, Local Improvement No. 51-in the sum of $5,737.50. Coouncilman Nolde: I would like to ask this - the bid was $5,737.00; now he has a bill for $6,272.00; what is this for? Cilty Engineer: When the proposal form was made up it called for one each, standard orr junction manholes; there was a typographical error on the proposal form - the 46 • • AV, uve wneAnuew/ • • manholes came up to $900.00 instead of $300.00. That is where the differential .comes i-n. The specifications show one manhole and the plans show three, it .11ways has. • Phe bill is subject to change order. • Phe Clerk reported that a summons had been served on him. (Church of St. .foseph, plaintiff - City of Stillwater, defendant). A copy was mailed to the ,City Attorney on October 21, 1964. ^The Clerk reminded the Mayor that the following terms of office will expire on December 31, 1964: Library Board: Mrs. Henry VanMeier Mrs. Joseph Rosell Mrs. A. J. Kraemer Park Board: Karl Neumeier Planning Commission: I. A. Bergen Robert Hagen Leighton Charlsen Jack Hooley OOa motion of Councilman Simonet, seconded by Councilman Nolde, the Clerk wuas directed to advertise for bids on officiil printing for the year, 1965. COI motion of Councilman Nolde, seconded by councilman Iverson, the following s.:ewer rental charges were fixed for the balance of the year, 1964: 1.-421 Lily Lake School New $45.00 54-475 Nelson Jonnes, 117 E. Burlington Reopen 11.40 84-142 Rev. E. J. Larson, 410 S. Sixth New 5.00 81-465 Edw. Beyer, 923 S. Seventh Reopen 5.00 81-668 Marian Wicker, 405 S. Holcombe New 5.00 94:-3Q Clarence Baglo, 514 W. Churchill Reopen 5.00 94:-180 Stan Demoski, 1307 S. Everett (former rate) New 7.00 9401.93 Arla Simpson, 1208 S. Everett New 5.00 94-875 Harold Pauley, 510 S. Holcombe Reopen 8.20 1:1-612 Thomas Monio, 1611 W. Oak New 5.00 1:1-615 Jack Fleming, 1619 W. Oak New 5.00 1:1-755 Paul Liberty, 1807 W. Olive New 5.00 1_1-880 John Herschleb, 803 S. Borup (former rate) .New 9.40 111-62D Leslie Krongard, 1618 W. Pine New 5.00 1t5-320 Boots .ocher, 804 w. Laurel Reopen 5.00 1E6-255 Setter, 722 W. Maple Reopen 5.40 17-705 Glenn Schroeder, 1101 N. Fourth Reopen 5.00 155-350 David Sullivan, 214 E. Stillwater Ave. New 5.00 2C1-210 Kenneth Reschke, 1306 W. Myrtle New 5.00 2CD-345 Helen Goldberg, 1418 Lookout Place New 5.00 2©-547 Clarence Polzin, 2135 Oak Ridge Road New 5.00 200-637 E. W. Rodgers, 2130 Oak Ridge Road New 5.00 200-800 Lloyd Johnson, 2109 Dundee Place New 5.00 200-802 Village Homes, 2113 Dundee Place New 5.00 200-804 Village Homes, 2117 Dundee Place New 5.00 21L-305 B. J. Schnell, 708 Everett Drive New 5.00 • • (November 10, 1964-continued) e At this time, the Council set November 24, 1964, at 7:30 P. M.,as the meeting datte to act on Off Sale Liquor Licenses for 1965. On motion of Councilman Iverson, seconded by Councilman Simonet, the Clerk wass directed to make arrangements to pay the electric bill in connection with Christmas lighting, as requested by the Chamber of Commerce. Citty Engineer: I was delegated to attend a meeting of the school district on proojected plans for the future. We received a pamphlet which stated that in fivve years our elementary schools will be way overcrowded; our Junior High at thee present time is obsolete, and the Senior High at the present time is over mazximum. This is going to lead to a bond issue, I imagine. Thee next meeting will be held on the 23rd of November. The first meeting was to •familiarize people with the enrollment and the projected enrollment. And I .night add that I think the school board is going to run low on their figures; the.ey are a little conservative. The next meeting, I understand, the architect wi:.11 be there on the new design of proposed buildings. The next meeting after th::tt will be to go over the tax situation and it appears they want to build a neww junior highschool, but it will not be in this area. The senior high is too smaalL, and I think they are figuring on building a new one. They :night expand thiis one, I don't know. Covunoilman Nolde: The next time you go to a meeting, ask if it's legal to use stuudents in the school system to promote bond issues: Citty Engineer: They said if the bond issue was turned down, they would probably havve to start cutting back - they would probably would cut out kindergarten, band, bassketball, and all extracurricular activities. At this time, a brief discussion was held regarding the possibility of building a oc ity hall and fire station on property owned by the water department on Fourth anod Mulberry Streets. Co.mncilman Simonet: Are we still faced with the situation of spending $400.0J0 to 'build a fire station and City Hall, or the question of whether or not we can fitt the plans into that site? Turn that over to an architect to draw some plans. Covancilman Nolde: I would like to move that we turn it over to Mr. Racchini to se.•e if the site is suitable to build a city hall. Mr., Peterson, would you be in favor of building a new city hall and fire station? Covuncilman Elect Peterson: I would definitely be in favor of a new city hall. Covancilman Nolde: I would move to turn it over to Mr. Racchini to have him in-uestigate the feasibility of that land fos' a new city hall, returnable November 24•th if possible. Covuncilman Simonet seconded the motion. Councilman Iverson was opposed. citty Attorney: A group of past commanders from the American Legion have asked to appear before the Council on the 17th of November to ask for help to support thee ball team. Mafyor Charlsen: This should be turned over to the Recreation Commission. If you do it for one organization, you are going to get them piled up in here. • • ((November 10., L964-continued) • 48 Coouncilman Nolde: I think it would be better for them to appear before the Coouncil. If we have ' solve the problem, we might just as we1l solve it diirectly. Ciity Attorney: We are asking for $10J.00 to $200.00 more per year. Coouncilman Nolde: Well, if that is all we are talking about, the Recreation Commission can handle it. I will let you know when your group can appear before the Recreation Commission. OBRDINANCES Om motion of Councilman Simonet, seconded by Councilman Iverson, the Clerk ma.ade the second reading of, "An Ordinance Amending An Ordinance Regulating Tine Use Of Highways Within The City Of Stillwater; Incorporating Provisions O:f The State Highway Traffic Regulation Act By Reference, and Imposing A Poenalty For The Violation Thereof", followed by roll call after each Section. T1'he Mayor then put the question, "Shall this ordinance pass?", followed by roo11 call, whereupon the ordinance was unanimously adopted. 1 Om motion of Councilman Iverson, seconded by Councilman Simonet, the Clerk made the second reading of, "An Ordinance Amending An Ordinance Relating To BvuiLdings; Providing For Fire Limits; Adopting By Reference Certain Regula- t:ions For The Construction And Equipment Of Buildings, And Amendments hereto, And Providing A Penalty For Violation,"followed by roll call after each S. ection. THTe Mayor then put the question, "Shall this ordinance pass?", followed by roo11 call, whereupon the ordinance was unanimously adopted. R::CSOLUTIONS TPhe following resolutions were read and were on roll call unanimously adopted: 11. Directing the Payment of Bills. 22. Accepting Work - remolishing of Building. (Junket Landscaping) 31. Unanimous Support - Northern States Power Company. 41. Expedite Hearings - Northern States Power Company. SS. Park - Northern States Power Company. ?ADJOURNMENT :La motion :;f councilman Nolde, seconded by Councilman Iverson, the meeting aedjourned to November 17, 1964.at 7:30 P. M. This meeting closed at 10:09 P9. M. AAttest: lip. Mayo O • Coeuncil Chamber Sit iLlwater, Minnesota Reeqular Adjourned Meeting Ttihe meeting was called to order by Vice President Simonet. P:'resent: Councilmen Iverson, No1de, Powell, and Simonet. Adssent: Mayor Charlsen. November 17, 1964 7:30 P. M. UVOFINISHED BUSINESS This was the day and time set for hearing on the petition to vacate a part oaf Commercial Avenue. 'Mae Clerk read the notice of hearing aloud; Vice President Simonet inquired iiE the notice for hearing was published, and the Clerk informed the Council t:aat the notice was published in the Stillwater Evening Gazette, official nnewspaper of the City, on October 15, October 22, October 29, and November 5, 11964. Vice President Simonet then opened the hearing. Nap one appeared for or against the vacation of a part of Commercial Avenue; VVLce President Simonet then closed the hearing. Ant this time, Mr. Jack Thoreen appeared before the Council in regard to the poroposed annexation of the Lily Lake School property. [Qr. Thoreen: I would like to take a couple minutes to go into the history of t:bis. We originally filed a petition to annex the Lily Lake School site. We aal!. assumed that the property that the Water Department had acquired for the water tank had been annexed to the City, so we proceeded on our merry way. Lin making a final check, while the City had acquired the property, we found it hind never been annexed to the City. We then decided that the petition should boa abandoned. We withdrew our petition with the Minnesota Municipal Commission and here. I filed a new petition and went through the necessary proceedings. Cane of the original basis for the petition was that the City would not grant sewer and water to people outside of the City Limits, although I know exceptions Mad been made. Then, in the development of the thing, Ron and I were working pen that with Les, we ran into a complication - how the additional cost of sewer wwas going to be paid for; water was already up there - that was no problem. the property owners that were affected at that time felt that they should not heave to pay on an assessment basis. It was decided to defer annexation, but peroceed with the sewer work, and when the work was done it would be billed to tthe School District and we would be in a position to pay it on a claim; which Uwe are now in a position to do. If I recall, I think there was an initial reading cod the annexation ordinance. I think the situation legally now is at a position w.ahere, if the Council feels they will grant the annexation, the School District its prepared to pay for the entire cost of the project. In had suggested this - that Ron make a breakdown, which he did, of how the pnreject would have been assessed based on the adjoining property. The total cost of the improvement, Local Improvement 049 was $5,256.45, unless there have been some changes. ._ity Engineer: That is the estimated cost. rv?it. Thoreen: Assuming it had been assessed out of this figure, the school L:istrict's cost would have been about $1,000. This was computed by charging tzo the School Listrict the total length of pipe needed. That I had suggested -'C" (Novembeer 17, 1964-continued) • • JV • • is that this could perhaps be worked out that the School District pay now for the entire cost of the project, and some record be kept in the Engineer's office, so that in the event there is some future development up there, it could be suggested t., the property owner that he should share his cost at a pro rata footage at that time, and then this money could be payed back to the School District. I know that at least in one other instance, we have done this with the Water Department in connection with installation of water pipes. I suggest that is the fair way in the long run for all tax payers in the District, which are the same as the tax payers in the city. Councilman Powell: I remember a discussion along those lines, and something came up that led us to believe that this couldn't be done - that the money couldn't be paid to the School District. City Clerk: Mr. Kalinoff felt that as long as we didn't have a hearing, we couldn't do this, but a connection charge could be made against the property owner. Councilman Nolde: Do you feel that $1,000 is a fair amount to the school? Mr. Thoreen: I don't know; I only say this - if there is some other formula that would be more fair, I don't think anybody would object to it. Councilman Nolde: The reason I ask is, someone out there with two small lots will probably pay more than the school system. Councilman Powell: What you are talking about now has no bearing on how it may come out in the end? Mr. Thoreen: No; we just feel the whole thing should be discussed. I think if I had property up there myself, and if I understood the situation, I don't think it would be unfair based on this type of formula. I think this is secondary; I am bringing it up so afterwards no one will say this should have been discussed and it wasn't. I am suggesting this as a fair way to do it. Et can only be done if the City feels they want to do it. The annexation is not dependent on this. Councilman Iverson: I would like to clarify one thing that was said. No sewer and water has been supplied outside the City Limits since the passage •of that resolution in 1959. MIr. Thoreen: Well, the matter is now before the Council for final passage of the ordinance to annex. The only thing left is to file with the Municipal .Commission after publication. Councilman Simonet: There is no question of a lift station out there is there? Building Inspector: In the areas where they did not pay for a lift station .originally, they should have to pay for an addition to it if an addition is :needed. .dlr. Thoreen: Then the school property would have to be assessed along with any other property. •Councilman Powell: That is only fair. •Councilman Simonet: We can't act on this tonight anyway. (all councilmen toot present). We will put this on th. agenda for the 24th of this month when 'we will pass the ordinance. Heepresentatives from the Parking Committee appeared before the Council in ;regard to Mr. Sheldon Smith's request for two parking spaces. MIr. William Gfrerer: We were down looking at the parking meters being ijfnstalled at the Erickson lot - it is progressing very nicely, but it was ppcinted out that we are going to lose probably two spaces to Sheldon Smith on the corner. Has there been a request from Sheldon, and if so, was any action taken on it? • (November 17, 1964-continued) 51 • • Count :Liman Simonet: No 2ormal action has been teken. He just talked to vario .os members of the Council, including myself. What he wanted to do was take •out two spaces on a permanent basis. We threw it into your laps. Mr. GGErerer: We talked it over and there is some wasted space there, so actuaelly, if he would want to extend his driveway he could use that without decreasing the value of our parking lot, but this is our idea - he didn't discuss this with us at all. However, we are against leasing any parking space to any individual for any amount of money because we feel that is defecating our purpose. Councilman Powell: Does it look like he will derive some benefit from this wasteed space? Mr. oG-Ererer: This is a question he would have to answer. There is one thing - if wee agree to give up this corner for hie use, the city would lose some curb space. Counueilman Iverson: We can't use that property for anything else but parking purpgses. City Attorney: You could lease parking space. Councilman Iverson: Yes, but you can't lease out space for someone to extend his property. Mr. Gfrerer: We wanted to know if the Council had actually gone ahead with anything. Councilman Simonet: No; we haven't. I would suggest that we let it lay, and if hne comes in with a formal request, we can discuss it further at that time. Mr. Gfrerer: Evidently there is no problem, then. Councilman Simonet: As far as I am concerned, that should conclude it. Mr. Jack Nooley appeared before the Council in regard to his request for permission to extend the parking lot at his South Fourth Street market by fifty feet. Mr. ]Nooley: I left a sketch of the plans with the Building Inspector. Councilman Iverson: Did you talk to any property oxners in the area? Mr.. Nooley: I don't think there is going to be any problem there. They are alli for it. Jim Meister said he didn't think anyone would object to it because it is an improvement. The fence we are going to put up would shut off the parking area from the residential area and it would relieve the congestion. Cousncilman Iverson: The only objector would be the second house to the south. City Attorney: If the Council felt that there would be no substantial property rigehts affected, you could proceed. Couancilman Nolde: Would we have to rezone this fifty feet? Could we do this aftier we granted them permission to extend the parking lot? Councilman Simonet: I wonder if it wouldn't be best to proceed with a hearing to rezone this property. Councilman Powell: I move that the clerk be instructed to advertise for a hearing, to be held at our regular meeting in December. Couuncilman Iverson seconded the motion. (All in favor) e (/ 52 (Novembers 17, 1964-continued) Onn motion of Couacilman Iverson, seconded by Councilman Nolde, the request of! Mr. Nels Peterson, 1205 W. Myrtle Street, for a sewer adjustment, was appproved. (From $12.60 to $5.00). Onn motion of Councilman Nolde, seconded by Councilman Iverson, the Clerk was directed to purchase a new electric typewriter for his office. Ors motion of Councilman Nolde, seconded by Councilman Iverson, the following chtange order was approved: Change Order No. 1 Contractor: Local Improvement No. 51-1964 Moelter Construction Co. Lump Sum Bid as Stated on the Contract: $5,737.50 Deduct from contract price the following: 6 lin. ft. of Sod Replacement C' $2.00/1.f. $12.00 (Over trench) 2 lin. ft. Bituminous Driveway @ $2.00/1.f. 4.00 Replacement 1 lin. ft. of Sheeting of Trench @ 50.00/1.f. 50.00 7 sq. yards of Sod .50/s.y. 3.50 TOTAL TO BE DEDUCTED: $69.50 Add to contract price the following: 2 Each Standard or Junction @ $300.00/ea. $600.00 manholes 2 lin. ft. Bituminous Street @ 2.00/1.f. 4.00 Surfacing Replacement TOTAL TO BE ADDED: $604.00 Additions exceed Deduction by $534.50.; 534.50 Add this amount to contract price TOTAL COST OF CONSTRUCTION: $6,272.00 C'_Jty clerk: Mr. Griffen called today; he will be in town within the next.. feev days to start demolition on the Peaslee bus garage property. Coouncilman Iverson: If they are coming into town, how about having them teear down that old house next to the Peaslee bus garage? Coouncilman Simonet: It seems a shame to ask for bids on it; what do you tlR ink, Ron? C:ity Engineer: Griffen talked to Peaslee about that house. Because Peaslee w:es holding him up at the time, he gave him a rather high price for tearing itt down, buc as long as he is here, you might as well have him take it down. Ccnuncilman Iverson: I move we turn this over to the City Engineer. Coonnellman Powell seconded the motion. (November 17, 1964-continued) 53', e City Engineer: I received a quotation from the AmericanPipe Company for televising the sewer in Nelson Street. They did not give us a firm price, but stated it would cost $45.00 per hour, and estimated it would take fourateea hours to do it. I have received nothing from Soil Solidifiers. Thatlt price does not include the cost of any polaroid pictures that you may wanit them to take. I figure it will take them about twenty hours. Councilman Noide: We are going to have a meeting on the 24th - would that be "too late to let you know, Ron? Cityy Engineer: No. Anytime this winter. Councilman Iverson: I move that the City Engineer be instructed to have the seweez in Nelson Street televised as he sees fit. Councilman Powell seconded the motion. The City Engineer reported that the architect for the new city hall and fire stattion had been in his office on the 16th, and that he was going to try and haves a report ready for the Council on the 24th, but could not guarantee it. Councilman Iverson: Where we tore this house down on Fourth Street (old methnodist church parsonage), is it possible to take the Michigan machine and cut in there so it slopes down? Cityy Engineer: I would prefer not to cut into this bank because we have at leasat a half dozen water lines in there. We can get fill very easily and it wound serve the same purpose. Councilman Iverson: Can we get some kind of fill in there soon? Cityv Engineer: Yes. Councilman Powell: Our fire protection contract with St. Joseph Township will comes to an end soon, and the Fire Chief asked me what we are going to do as far as mutual aid is concerned. It is my feeling that mutual aid is not neceessarily the thing we need to have. I would like to contact Les Waldrof, so II would like to get the feeling of the Council tonight as to whether or not we wwant to participate in mutual aid. What I would like to propose is, we woulld answer any call made through their fire department. Now, any citizen can calll and we go over there. If :_hey cal' us, it should be on a fee basis rather thane mutual aid. If they were to come over here, they would only have manpower; theiir equipment wouldn't help us too much. So, if it's alright with the Council I woould like to talk to Les Waldrof about it. Counneilman Weide: I think, from what they tell me, they have quite a volunteer organization over there. In the event that our men went on strike or something, we cc,uld use some of their men. Counaeilman Simonet: I suggest the councilman in charge of the fire department handle it the way he sees fit. • • / 54 • • RE::SOLUTIONS Th•m- following resolutions were read, and were on roll call, adopted: 1. Adjusting Compensation of Fireman (James Tibbetts - $405.00 per month) Councilman Iverson: Yes Councilman Nolde: Yes Councilman Powell: Yes Councilman Simonet: Yes 2.. Adjusting Compensation of Fireman (Leonard Schrade 0 $405.00 per month) Councilman Iverson: Yes Councilman Nolde: No Councilman Powell: Yes Councilman Simonet: Yes 3.. Adjusting Compensation of Fireman (Jack Myers - $405.00 per month) Councilman Iverson: Yes Councilman Nolde: No Councilman Powell: Yes Councilman Simonet: Yes Councilman Nolde voted "No" on Resolutions 2. and 3. because he felt Mr. SchlErade and Mr. Myers should not have been given two increases in one year wh..en Mr. Tibbetts had not received an increase since 1963. AD.4OURNMENT On motion of councilman Iverson, seconded by councilman Nolde, the meeting adjourned at 9:18 P. M. Atttest: City Clerk MIRKV' G=1:LLYwm:'� Mayor • • 55 • Co:u:toil Chamber Sti..Llweter, Minnesota Regnalar Adjourned Meeting Thee meeting was called to order by President Charism). Present: Councilmen Iverson, Molds, Powell, Simonet, and President Charlsen. Abeeentl None. November 24, 1964 7:30 P. M. APP9DICATIONS On motion of Councilman Powell, seconded by Councilman Molds, Off Sale Liquor Licenses were granted to the following for the year 1965, subjecttothe appceoval of the Liquor Control Commissioner. (Bonds in the sum of $1,000.00 each were also approved). 1. Edward J. Davidson 231 E. Myrtle Street 2. John L. Hine 302-304 South Main Street 3. Donald Aaisershot 224 South Main Street 4. William C. Ninsel 118 E. Chestnut Street 5. Merl N. Meister and Clara A. E. Meister I� 112 North Main Street 6. Donald F. Mosiman and Glen R. Karloske 317 South Main Street 7. Gail Wayrynen 226 South Main Street UNF:'IMISHED BUSINESS Mr. Peter Racchini, architect, appeared before the Council and presented pre- limaLnary plans for a proposed new city hall, to be located on North Fourth Street near Mulberry Street. He explained that there is a low area on the North Fourth Street location which would require filling. He stated also that thi:.: location would provide off-street parking for about sixty-six automobiles. ands that the grades shown on his plan were taken from city maps. Minn Charlsen inquired if it would be feasible to locate the fire department in :the proposed city hall building; Mt. Racchini informed him that this could be done. Mr. Racchini mentioned at this point that the fire department building shoeuld have at least four doors so that all equipment could be moved as rapidly as 'possible. He estimated the cost of a combination city hall and fire station at :the Fourth Street location to be about $300,000, and about $10,000 for site wor)R-. He stated that the Fourth Street location is feasible, but he felt that the and on which the present city buildings are located is a better location. • • e 56 • • Councilman Simonet stated that it was a question of whether or not the city la ready to spend $300.000 at this tine for a new city hall. Mayor Charlsen suggested that perhaps Mr. Moe, a local contractor, and Mt. Steinmetz, a local architect. should view the fourth Street location and give timeir opinions on the site. Councilman Simonet felt that the Council should abide by Mr. Racchini's rsecommendations one hundred per cent. Creincilman Powell, however, felt that outside opinions would be good, and stated that we should build a new city hall, but if he finds that the public oLbjects to same, he would have no part of a new city hall. He also suggested tl:hat we need a lot of publicity on the matter. Ofauncilman Iverson stated. 'let's forget about a new city hall at this time and keep the site on which the city buildings are now located for a future brostlding program'. Councilman Simonet concurred with Councilman Iverson. Councilman Molde stated that the city is over one hundred years old and that oar forefathers had let things run down. He said we need progressive thinking ira this city, and felt that the city buildings are eyesores. He said if the c:Lty would set an example through the construction of new city facilities, porobably businessmen and others will follow and improve the city in general. Hee again emphasized that we need some progressive thinking in our city. Councilman Elect Roger Peterson was present at this meeting. He felt that the coffer from the Federal government of $80,000 for the land on which the city b.aildings are now located is a good price and he was quite sure that a private party would not offer the city $80,000 for the land. He said he was in favor oaf building a new city hall. but he was sure that if this matter was to be vented on by the people, they would not approve it at this time. He felt we shhould take advantage of the offer from the government for the $80,000 because construction costs might be considerably higher ten years from now. Ertl members of the Council agreed that the public should be informed of the proposed construction of a city hall and fire station through the newspaper asmd radio mediums, and that the Council should then meet so the public could attend the meeting and air their views in regard to this matter. 04m motion of Councilman Powell, seconded by Councilman Iverson, it was decided that the Council would meet on Tuesday, December 1, 1964, at 7:30 o'clock P.M. and any persons appearing before the Council at this meeting would be heard in connection with the proposed construction of a city hall and fire station. The Council also agreed to meet infernally at the Fourth Street location at 10:00 AA. M. on Friday, the 27th of November. Mlayor Charlsen suggested that the manager of the Chamber of Commerce be iinvited to meet with the Council on Friday morning at the Fourth Street site, and also any members of the Chamber that might be interested, but Councilman Poowell felt that this might be a little premature. Mayor Charlsen. then Unformed the councilman that the federal postal authorities would like to know whether the city would be willing to grant an option to the government no later Ethan December 8, 1964. Mayor Charlsen suggested that the Clerk check on the bonded debt limitation boefore the meeting in December 1, 1964. Councilman Powell suggested that former councilmen be invited to the December U. meeting. M9e. Racchini stated that, after some thought. he was now of the opinion that trhe Fourth Street site would be the best location for a city hall, and that the present location would be best for a fire station. This answer was pocompted by a question from the city clerk in regard to the two locations. • • • • (November 24, 1964-continued) )7 e • The City Engineer informed the Council that the plat submitted by Mr. I. A. Bergen on Lakeview Terrace Addition should not be approved at this tie* because this land does not meet certain requirements under the subdivision ordinance, which provides that all new additions to the city must have blacktop streets, sower, water and hydrants before same can be approved by the Council. On motion of Councilman Powell, seconded by Councilman Iverson, the city engineer was instructed to handle this matter to his satisfaction according to the subdivision control ordinance, and that the engineer should report to the Council; approval of the plat would then be considered. On motion of Councilman Powell, seconded by Councilman Iverson. the following change orders were approved: Protect: Municipal Parking Lots Contractor: Tower Asphalt, Inc.... Change Order No. 1 Excavation and Fill for sub -cut due to unsatisfactory soil conditions - Erickson Lot Change Order No. 2 Equipment and labor required to remove the existing West wall of the Pino lot to correct the sidewalk grade - Humphrey-Pino Lots Change Order No. 3 Excavating and removing conduit pipe for street lighting from the Pino Lot. Excavation of new trench for re- locating of conduit pipe for street lighting in Humphrey lot - Humphrey-Pino Lots Change Order No. 4 Excavation of Bituminous Surfacing of Commercial Avenue from North Main Street to North water Street - Humphrey- Pino Lots Change Order No. 5 Removal and installation of junction box for street lighting because of the change in plans for parking area. Installation of 130 lineal feet of 2" rigid conduit in trench because of plan change- Humphrey -Dino Lots Change Order No. 6 Furnishing and installing of 2" rigid conduit under drive entrances to parking lots over the quantity as stated in the specifications because of the change in plans and the price as stated in the Contract - Erickson- Humphrey-Pino Lots Change Order No. 7 Construction of concrete curbing on the Main Street side of the parking lots over the quantity as stated in the specifications and shown on the plans because of the change in plans and the lump sum price as stated in the Contract - Humphrey-Pino Lots $ 112.50 $ 62.40 $ 82.00 $ 560.00 $1,010.00 $ 189.00 $ 185.00 • ¶ 58 (November 24. I1964-continued) r • Chaste Order No. 8 . onetruction of 4" concrete sidewalk on the Main :Street side of the parking lots over the quantity ons on the :plans abecause ted in tof the change he iin plans shownd ans and lump sum price as stated in the Contract - Humphrey - Elmo Lots Change Order No. 9 Concrete curbing removal necessitated by the change do plans on the parking lots and the amount over the quantity as stated in the specifications and shown on the plans and because the lump sum price as stated in the Contract - Humphrey -Piro Lots Change Order No. 10 ConstructionofBituminous curbing because of the change in plans from the original plans and specifications, and because the Contract price was stated as lump sum - Erickson -Humphrey -Pine lots Change Order No. 11 Concrete sidewalk and drive entrance removal because of the change in plans from the original plans and specifications, and because theContraact price was stated as lump sum - Humphrey-Pino s Change Order No. 12 Extra excavation of Class"A" material because of the change in plans from the original plans and specifi- cations, and because the Contracct� ice was stated as lump sum. Erickson -Humphrey- Change Order Ho, 13 Extra material for Class "A" fill, in place, because of the change in plans the specifications, and because original the Contract price was stated as lump sum. $166.29 $171.82 $ 71.40 $429.75 $ 16.00 $208.50 RESOLWTION6 The f.11owing resolutions were, on roll call, unanimously adopted: 1. Vacating a part of East Willow Street. 2. +:seating a part of Commercial Avenue. 3. AAccepting Work, Local Improvement 847 and Local Improvement 849. 4. Eestablishing the Position of City .Administrator and Defining the Unties of the City Administrator. 5. Appointing City Administrator (Lester Brower) (11964. Senie City Charter, Artiof Philip H. cled, City VII. Sections 138 dated 139 andea4124, .) ADJOURNMENT On motion of adjovurned to N Attesst: Councilman Nolde, seconded by Councilman Iverson, December 1, 1964, at 7:30 o'clock P. M. City clerk the meeting • • 5 9 • • r. Council Chamber Stillwater, Minnesota Register Adjourned Meeting Thee meeting was called to order by President Charlsen. Preeseato Councilmen Iverson, Nolde. Powell, Simonet. and President Charlsen. Absent o None. December 1, 1964 7030 P. M. Mayyor Charlsen stated that this meeting was called for the purpose of explaining them City's position relative to the proposed construction of a new city hall an& fire station. Be also stated that this meeting was publicized in the Stililwater Evening Gazette and through the local radio station. He explained that the federal government had requested an option on the land where the present catty hall and fire station are located, and that they had tentatively agreed to pays the City $80,000 for this property, which property in turn would be used to construct a new post office building. According to real estate men in this area. thee land which the government would like to obtain from the City would probably haws an appraised value of $25,000 or $30,000. The Mayor stated that the City owns land on Fourth Street near the intersection of Mulberry and Fourth. and in hiss opinion, this land would be suitable for a new city building. He then celled on Fr. Peter Macchini. architect, to report on the proposed Fourth Street site. Mr.. Racchini stated that, in his opinion, the Fourth Street site was favorable. ant in the event the City of Stillwater would receive $80,000 from the federal government for the option on the present site, this would probably be about one- thi6rd of the cost to construct a new city hall and fire station. Mayor Charlsen then explained to the forty citizens in attendance that presently there is a shortage of space; the fire station is in deplorable condition, and something will have to be done very soon about new facilities. The Mayor then inquired how the citizens in attendance felt about the sale of the City's present property to the federal government and construction of a new city hall and fire station at the Fourth Street location. It.. Glenn Johnston, 511 South Owens Street, inquired if there was some alternative locration for a new post office building, or whether an addition to the present point office might meet the needs of the postal authorities, because he felt that thee Land on which the present city buildings are located would be an ideal spot for futture new buildings. Mr., Racchini replied that the present site is not as adequate as the proposed Fouurth Street site, and Mayor Charlsen explained to Mr. Johnston that the postal authorities need 4,000 square feet of land, and that it would be possible to construct an addition to the old post office building. Dr., Henry VanNeier, 226 East Myrtle Street, stated that he was opposed to the ideea of building a new post*. office and he hoped that an addition would be added to the present building. He also stated that the City is losing some of its industry, such as Snead's Sox Factory, and part of Maple Island. Inc. operations. Dr., vanleier also stated that in the event the post office is built at this proposed location, many people climbing the hill to get to the post office would probbably suffer heart attacks. Mr_, Robert Tennant, 1031 Abbott Street, inquired what the legal debt limit of thee City of Stillwater is; he was informed that the City at the present time does nott have a net debt, so that the bonding for new city buildings would be well witthin the debt limits of the City. Mr., Robert McGarry, 2213 Oak Ridge Road, asked if there had been any inquiries as to purchasing of the present post office building. • • • 60 • (December 1 „ 1964-continued) r • e Mr.. Louis Sauvageau, City Postmaster, informed Mr. McGarry that there had berm many b office buildingrisssixty-t oneryearenog ld. Mr.lMMccGGaarrynthenainqd uiredt tifetheet present post office building, should it be sold, and the proposed new post offhice building would be put on the tax rolls. be ed n the Mayor rotas and would ipr bablynformed hproduce aim that htotal ese utax iofsabout d$18,000eper otax year. Mr., Ormond Springsted, City Bond Consultant, informed the Council that a $2!50,000 bond issue, on a twenty year basis, would cost the citizens about $1t91.50 per year, and if this was applied against the present valuation of thee City it would amount to about five mills per year. Mr•, Leo Jewell 320 West Pine Street, inquired why the City and the County don't get together one a building that would house both county and city offices; Mayor Charlsen inaEormed Mr. Jewell that the Washington County Board of Commissioners have beeen approached on this question; the Board members are of the opinion that that would not be a good idea because residents throughout the County might feeel that the City of Stillwater would be getting an advantage over the other residents, and that such a proposal would have a tendency to defeat a Mend issue election. Mrz. Robert Tennant felt that the matter of a bond issue for new city buildings shoould be voted on by the citizens of Stillwater. Cooincilman Holde informed Mr. Tennant that the time required to put this natter to a vote of the people would go beyond the tine limits set by the federal government relative to the option on the present city land. Mn. Richard Powers, 904 South Fifth Street, inquired if the City would have too build a new street garage in the event that the option is given to the feederal government. Mayor Charlsen informed him that it would be necessary to build a new street garage, as the federal government will have need for the present garage building. Mn. Glenn Johnston then asked the question, 'do we have to build a new city hall right now?' Mn. Louis Sauvageau stated that the federal authorities had viewed all available land in the City of Stillwater and could find nothing which would be as suitable fax their purposes as the city owned property at this location. Mr. Vern Stenseng, 1204 South Third Avenue, inquired if the $80,000 offer of tlhe government was a good price, and Mayor Charlsen again stated that, according too- the local real estate men, the property would probably have a value of about $25,000 or $30,000. Mr. Stenseng felt that the City should have the l:.and appraised so that a firm figure would be available. Mir. Richard Connors, 306 North Fourth Street, said he agreed with Dr. V.fanMeier to a degree, and said the question is. do we need a new city hall and fire station, and if we do need these buildings, then we certainly should gwe ahead at this time. We must progress or the City will die. Jedge John McDonough stated that we cannot dictate to the postal authorities ass to where a new building should be located; why should we quibble over the ooffer of $80,000 when actually the property is only worth between $25,000 and $30,000. If the Council will go along and pick up the $80,000 then the ooid post office and new city hall will be on the tax rolls. We certainly need tone progress. He said, also, that the Council should go along with the offer which seems to be a very sound program. He felt that the present city hall hand would be an excellent location for a new post office. He again stated t:tat the $80,000 is a windfall, and we should grant the option to the U. S. grovernment as soon as possible. MMr. Al Bergen, 521 South Broadway, inquired what will happen to the old Mlethodist Church building, owned by the City, on Fourth and Myrtle Streets. • • • (December 1, 1964-continued) fit • • Mayoer Charlsen informed Mr. Bergen that the Federal government does not want: the East sixty feet of this property; therefore, this strip of land would, remain city property until such time as someone would make an offer for same. Mr. ,Tohn Condon, 437 South Second Street, said it is evident that the Council has .considered the proposition very carefully, and felt that the people should accept the offer of the federal government, Mr.Sheldon Smith, 704 West Pine Street, said that many post offices throughout the 'eountry are not situated in the downtown area, and in his opinion, location is nowt a factor. Mr. Isyron Melstrom, 1010 South Sixth Avenue, stated that the present city hall is neot adequate, nor is the fire station adequate. In his opinion the city shou:aLa accept the option, and the proposed new buildings might induce outside inte:rrests to come into the City of Stillwater. Councilman Powell said that Mr. Racchini contacted the Chief Engineer of the fire -underwriters bureau and was informed that one location is as good as another for a new fire station. Mayor; Charlsen explained that the cost of maintenance and heating in connection with the present buildings is very high, and that quite a saving could be realiized on these items if new buildings were constructed. The wilding Inspector explained that the present heating plant is not adequate and &hat in order to affect savings in heat, much work and expense would be requidred. Mayors Charism stated that the fire station is in bad condition, that the buildiIaq is full of cracks and that it was necessary to cover the old surface with s type of cement filler, and that cracks are again appearing. On many occasions it was necessary to close the city hall because of difficulty in heatiing the old building. The Mayor also stated that something would have to be donne about a new fire station within the next five years anyway. Mr. 'Names Russell, 921 South Second Street, inquired if an election is necessary before bonds can be sold for the purpose of financing new buildings, and the Mayor informed him that our Charter provides that the Council may issue bonds withoost an election if the proceeds are used for new city facilities. Mr. Riabert McGarry then stated that he was in favor of proceeding with the program. Mr. QOsentin Neimerman of the First National Bank stated that he was in favor of the maw city facilities. The C:Lerk-Administrator then read a letter from Mr. Easton of the Stillwater Eveni:.ag Gazette in which Mr. Easton stated that he was in favor of the proposed plan -to cell the present city hall property to the federal government, and also in fa nor of constructing a new city hall and fire station.. The MJtyor then asked the citizens in attendance for a show of hands if they were in fanror of selling the property to the federal government for a new post office, and cosnstructing new city buildings. Thirty-one persons indicated they were in favor of the program; five persons indicated they were opposed. On montion of Councilman Powell, seconded by Councilman Nolde, it was decided to give the federal government an option on the land in question at a price of not loess than $80,000. On roln call vote, Councilmen Nolde, Powell, Simonet and President Charlsen voted in favor of the nation; Councilman Iverson voted No on the motion. • • f;2 (December 1, L964-continued) - • • The City Engineer informed the Council that the two offstreet parking lots on Rain Street are now open and that parking should be prohibited on these lotss between the hours of 2:00 A. M. and 6:00 A. M., and that a sign should be selected to that effect. On emotion of Councilman Nolde, seconded by Councilmen Powell, it was decoded to comply with the Engineer's request and erect a sign as he sug7gested. Thee matter of amending the present parking ordinance so that parking can be enfiorced in the offstreet parking lots was also discussed and referred to thee City Attorney. Mayyor Charlsen then inquired of Mr. Racchini if any federal grants are avaeilable at this time to defray the cost of new city buildings. Mr.. Racchini stated that he did not think so, but said there is a Civil Defeense Program, and money is available through this programs however, part of the cost of a city building under this program must be used for civil deffenee purposes. It.. springsted informed the Council that Marshall, Minnesota requested and recteived a grant for part of the cost of their new building which is used for. Civil Defense purposes. but the building requirements are such that the coast of construction, due to strict requirements, was more than actually received from the Federal Government. In his opinion the City of Marshall didR not gain from this appropriation. He stated, too, that he would check intro the urban renewal program and see if there were any funds available throough that agency. Mayyor Charlsen then inquired of Mr. Racchini how long it would take to get plea ready to advertise for bids on the proposed buildings. Mr. Racchini recoiled that, at this time it would be rather hard to establish when final plaens would be ready, but he would inform the council members. Air condition- ings is not included in the preliminary estimates, and also that a street department garage is not included in the estimate. The street department garage should not be located near the new city hall and fire station because the type of construction recommended for a garage would not blend in with the other builiidings. Mayor Charlsen said he was of the opinion that a street garage could be a part of the same building. Cowncilman Nolde stated that the present city dump site probably would be a suitable location for a street garage; he also stated that he felt it would be an eyesore to have the street garage around the city hall. Mr., Racchini then said it would cost more money to build a street garage in connection with a city hall and fire station because of the type of materials recruited. The City Attorney felt that borings should be taken before the city proceeds wieti: the option. The City Engineer was of the opinion that we would not have any problems so far as spring water in connection with the site. Mr., Racchini said that the buildings should be designed for at least twenty yeses into the future, and probably should be large enough to accomodate cittty offices in the event the city grows to a population of about 14,000. On motion of Councilman Powell, seconded by Councilman Nolde, it was decided to have Mr. Racchini proceed with drawing of plans for a new city hall and fire station: the plans to include an air conditioning system. On roll call the members voted as follows on the motion: Councilmen Nolde, Powell, Simonet and President Charlsen - Yes: Councilman Iverson - No. • • (December 1, 1964-continued) • Mayor Marian then inquired of Mr. Racchini how long it would be before we could advertise for bids. and Mr. Racchini replied it would be approximately the latter part of Marrch or the first part of April. Mayor Charism directed the City Administrator to contact Mr. Knapp, Regional Directtor of the Post Office Department, and inform him of the Council's action this ',evening. and the Administrator was also authorised to negotiate with Mr. Knnapp, along with the City Attorney, on the option concerning the present site cof city buildings, but in no event for a figure less than $60,000. ADJOUIIRMtiENT On mo*,tion of Councilman Powell, seconded by Councilman Iverson. the meeting adjouurned at 10:00 P. M. Attest: City Clerk dem of Mayor Orduldts— • • 64 Council Chamber Stillwater, Minnesota Remoter Meeting December 8, 1964 4130 P.M. Thne meeting was called to order by President Charlsen - Opceninq prayer Present: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. Abosent: None. APPLICATIONS Ona motion of Councilman Nolde, seconded by Councilman Simonet, a license toe 'Haul Things to the City Dump" was granted to Harry Thompson of Bayport, Mi:innesota, effective December 1, 1964. NEW? BUSINESS (out of order) Mr.-, Baumgardner (Attorney for Connolly Shoe Company) We !had an accident at Connolly; the contractor tearing down the building next to ,our warehouse did his job in such a way that a portion of that building co=d Lapsed and damaged Connolly property - ruptured a water line serving the spiv inkier system. When I came down I was quite disturbed that the contractor haed just walked off and left the job, and frankly it was a very hazardous condition. No one appeared to be very concerned about it, so I contacted Tower City Attorney and your Building Inspector. We learned that there were prevail -Mons in your building ordinance on an emergency basis to have the city remove a building with the authority of the council. Since then, Mr. Thompson induced somebody to finish the demolishing job and the emergency as such, no longer exists. We are no longer asking the Council to act on our application as no more could be accomplished. However, now that the horse is stolen, we shooutd lock the barn. I was surprised to find that a permit to wreck that buiilding was issued to the contractor when he did not have adequate insurance co`rerage. Your council should consider amending your ordinance. Metyor Charlsen: Did he have a permit to tear that building down? Bu:iLding Inspector: He applied for a permit, but he didn't pay for it, so I odidn't issue it. The permit was refused. It, Baumgardner: I believe our insurance will cover the sprinkler damage; we are not too concerned with that. The part I was concerned with has been removed. I am also chairman of the Board of Connolly Shoe. and in that cagpacity I would' like to compliment your fire department. Also, Mr. Thompson; thee city cooperated as much as possible under the circumstances. Couuncilman Simonet: Doesn't the permit basis of the ordinance require inaaurance? Buiilding Inspector: As Bar as our ordinance is concerned, there is nothing in our building code that requires a bond of any kind to acquire a permit. Mr.. Baumgardner: I think the thing we can learn from this experience is. it migght be advisable to consider making a condition of the permit proof of financial responsibility. The City Attorney was then instructed to check the building ordinance in reegard to this matter. e (December 8, 1964-continued) • f5 • Com:oilman Nolde: How often do you make an inspection of the downtown area? sv iLding Inspector: The last real thorough inspection was made in June. I waas accompanied by the fire marshall and the fire chiefs the chief makes peeriodic checks and reports things to me. CoAuncilman Simonet: Are we going to go ahead and amend the ordinance? Councilman Powell: I move that the City Attorney be instructed to check into Cake insurance bonds necessary in applying for permits in connection with all c:Lty permits and contractor's permits too. C_Lty Attorney: There is nothing to check; it can be put in the ordinance if yyou want it. Councilman Simonet: Well, we want it in there. Councilman Iverson then seconded Councilman Powell's motion. H Building Inspector: Mr. McCormack, who is the architect for the new Washington PPederal Saving. and Loan building, is coming into town tomorrow; he called me and wants to go over the plans. The sides call for wood cedar shingles, and wood shingles are prohibited in the fire zone. It would take a special permit oof the Council to grant this. The fire marshall, the firechiefand the city engineer and I are opposed to granting this permit. They do have means of losing a fire retardant spray on these shingles, but the information I have is tthat it is not too effective because of weathering, etc. I have informed him iln our first conversation that they are prohibited. Councilman Nolde: I would think that an outfit spending $500,000 for a buuilding would have an architect who knows what he is doing. Councilman Powell: Stick to the laws. councilman Nolde: We didn't stick to the law on the last building - Stillwater Mfg. put up a metal frame building in the fire zone. councilman Iverson: Would your recommendation be different if they had the warehouse out of there? Hluilding Inspector: Yes. Irire Chief Lawson: The building itself is not a fire hazard, but there would Ile terrific exposure if there was another fire downtown. I would say it should Ile slate or something that is fire resistant anyway. I think if they will go along on this basis we shouldn't make *Councilman Nolde: at big issue of it. Ikailding Inspectors flat I can't issue a *Councilman Nolde: *Councilman Simonet: ,ordinance. ,City Administrator: If this type of roof is not approved. would there be any •ehance of not getting this new building into town? _Building Inspectors I don't know: we'll have to talk to Mr. McCormack about +tomorrow and report back to the Council. *City Administrator: Do you have any objections if I sit in on your conference? :Building Inspector: Certainly not. I am not opposed to this building in any way whatsoever, permit without giving him some kind of answer. I go along with their recommendation. Tell him we are looking very strongly in favor of the it • • • (December EE, 1964-continued) 66 • • COM&IWZNICATICNS From the State of Minnesota. Department of Highways, in regard to snow removal on business streets, including trunk highways. Counncilman Nolde moved that the letter be filed: Councilman Iverson sueconded the motion. Mom the Minnesota Association of Civil Defense Directors, in regard to manual dues for membership in the Association. Councilman Powell moved that the City pay the membership dues. ($5.00 per wear); Councilman Nolde seconded the motion. Ffrom Mr. Donald Z. Woods. requesting an adjustment in his sewer rental charge. Councilman Nolde saved that the sewer rental charge be reduced to $6.60 per counter, based on previous usage: Councilman Powell seconded the nation. FProm the University of Minnesota, Center for Continuation Study, in regard So conference for newly elected Mayors and Councilmen, to be held on March 222 and 23, 1965. Title Administrator announced that Councilman Elect Roger Peterson would be lb:formed of this conference. Mom Mr. F. P. Bradford, Trust Officer of the First National Bank of Stillwater, in regard to the John Runk Estate. Mr. Bradford stated in this Metter that Mr. Runk had bequeathed several rolls of movie film to the City; most of which consist of films of Stillwater and surrounding area. ITrom the Employers Group of Insurance Companies, in regard to boiler inspection :at the fire station, city hall and library. So recommendations for improvements, etc. were made by the inspector. The administrator was asked to file the letter.' 'Prom the Northern States Power Company, announcing decrease in electric rates .effective after December 31, 1964. :From the State of Minnesota Water Pollution Control Commission, in regard -to public hearing in connection with the Northern States Power Company permit Eor discharge of circulating water to the St. Croix River. The hearing will Ibe held on January 13, 1965 at 10:00 A. M. at the Stillwater Auditorium ' Theater. ' The Mayor requested that all councilmen be present if possible. • • • (December 8, 1964-continued) • Fraom M. R. D. Hagen, Chairman of the Stillwater Planning & Zoning Commission in regard to the proposed N.S.P. Plant on the St. Croix River. Mr., Hagen enclosed a copy of a resolution which the Planning Commission had adapted; said resolution had been published in the Stillwater Evening Gazette: therefore, it was not necessary to read it again at this meeting. Fran the City Clerk, Fort Myers, Florida, in regard to bid submitted by Port Myeers for construction of a post office building. It was explained in the letltfer why Fort Myers was not awarded the bid on the post office building even though they were the apparent low bidder. From Mt. Lee Anderson requesting adjustment in sewer rental charge due to a leaky bathroom fixture. Couuncilmen Simonet roved that the sewer rental charge be adjusted; Councilmen wolfde seconded the notion. Froom Peter Racchini, architect, requesting contract in connection with the propposed new city hall. Administrator: One of our county officials inquired if the city engaged this mans to do the work on the new city hall; I told him we had no contract. This manssaid to be sure and tell your council to check on this Racchini, and to check particularly the building he designed in White Bear Lake the settling of the building, etc. I also received another telephone call on this same thi:.ag - someone was just merely suggesting that you gentlemen should look into thi:.s matter before you sign a contract. City Engineer: I cca check it with the White Bear city Council. Mayror Charleens We have a list of work he has done; it wouldn't hurt to have the ,engineer and the administrator make a little trip to White Bear and to Rush City also, to examine his work. Coumncilman Simonet: That is a good idea; I think we should check into this. Mayeo,r Charlsen: I think you should go and look at the work he has done and talik it over with the various officials. The building inspector should go also. Adm_dntstrator: In the meantime, I don't believe we should enter into a contract witib Mr. Racchini. Counncilmen Powell: Say that we don't want to retain him as an architect - will he Mill us for what he has done up to now? Admttnistrator: Yes. Copyy of a letter written by C. J. Thompson. building inspector, to Clarence W. m'Brien, executive secretary of the Washington County Welfare Board, in regamrd to the Edward A. Hoppe estate. Mr. Thompson informed Mr. O'Brien that the Hoppe house must be torn down, or remocved within thirty days. • (December 8, 4964-continued) • • From R. W. McGarry in regard to supplements to the urban renewal manual; the fee is $10.00 for the year 1965. Meyer Charlsen stated that he felt the supplements were not necessary as Sti_i Lwater was no longer interested in the urban renewal program. COelMIITTEE REPORTS Cousaciaan Simonet: I have no reports to make, but Ron has one thing, I bellies*. City Engineer: One of the gentlemen from the disposal plant went out to check the Lily fake Lift Station this morning; both the wet and dry wells were flooded, and the control panel was under water. What caused it we have mot determined as yet. We pumped them out and the motors have been removed. We retained a local contractor to take the control panel off; .:the m0tiors will be ready tomorrow and we hope the control panel will be ready almo. What I would like to have done is, either the Administrator or myself shmuld check into the feasibility and cost of putting in telemetric systems at the disposal plant; then if something should come up in the future, we coruld save ourselves a lot of money. Betiding Inspector: The telemetric system the Water Board put in was abcout $12,000; I would venture a guess that for us it would be between $196000 and $24,000. City Engineer: Actually all we would need on ours is an alarm system. Betiding Inspector: I would like to make a suggestion - that the control panna in the Lily Lake Lift Station be relocated. MalTor Charlsen: Mr. Administrator, do you want to get into this or leave it up to the engineer? Administrator: The only phaze I would want to get in on is just to know wheat is going on; I wouldn't want to get into the engineering aspect of it. Covuncilman Simonet: I move you go ahead and get the information you need, Roar. Councilman wolde seconded the motion. Councilmen Powell: I :have the report from the fire chief on the monthly fire runs - also a list of hydrants in need of repair and which ones, in his opinion, need replacing fixate Cooancilman Iverson: I reported to the City Administrator the request for street lights on Oak Street and he took the necessary action. Councilman walde: I have nothing to report except that the skating rinks are now open and everything seems to be in good shape. • e n (December 8, 1964-continued) "9 Administrator: We discussed cancelling Committee Reports in the future. The Corder of Business for 1964 will be in affect until the lst of the year, but 1if the Council decides to do away with Committee Reports you may do so when you set up the new Order of Business. Mayor Charlsen: Instead of Committee Reports we .ill have a report from the City Administrator. On mention of Councilman Simonet, seconded by Councilman Powell, the meeting adjo erned to 7:30 P. M. This portion of the meeting closed at 6:10 P. M. 7:30 P. M. - Meeting Reconvened PHTnnICNS Frog thirteen property owners affected, requesting that the City Council chasmge the name of Borup Street to "Pine Tree Trail". After hearing that there were no objections to this move by the Council, Councilman Powell moved that the matter be referred to the City Attorneys Councilman tlolde seconded the motion. Fromm Joseph A. Holds, Sr. requesting that water be put through on South Sixth Street and assessed against the property owners. Cousncilman Simonet: I move we refer this to the city engineer for preliminary report and estimated cost. Councilman Powell seconded the motion. 1.c'M BUSINESS (Out of Order) Admilnistrator: What does the Council wish to do about the 60' x 150' strip of hand abutting Fourth Street? This is not included in the option prepared by tthe federal postal authorities. Mayon Charlsen: After conversation with the real estate man from the U. S. Postta). Department, we find they have no interest in that sixty feet whatsoever; therrefore. it is up to the city to sell it or use it; whatever we feel is the beast thing for the city. Councilman Simonet: If the government doesn't want it, I would suggest that we just hold on to it; possibly we could use it for improving that site corner. Councilman Powell: I will make that in the form of a motion. Counccilman Nolde seconded the motion: (all in favor) (December 8. II1964-continued) • • On mootion of Councilman Powell, seconded by Councilman Nolde, the following endorsements to insurance policy *41C 534 140 were approved: L. Additional premium for dam construction $33.00 2. Additional premium for automobile added (52 FWD Fire Truck) $82.00 DRLRCMATIONS OR INDIVIDUALS J. Wilbur Nehring: I would like to ask Councilman Iverson to explain his 'no' vote on the new city hall. (see minutes of December 1, 1964). Coune:linen Iverson: Without getting into the financial end of it, etc., I think* the important question ts, can the city council, at a special meeting. on a motion, direct the city administrator and city attorney to negotiate an option with the federal post office department for leasing of public grounds? The city attorney read at this time from the City Charter and interpreted same to mean the city could dispose of its property in any way if it was in the t6eat interest of the city. Councilman Iverson: It seems strange to me that at a special meeting the council can just sell, or set up an option to sell, any public grounds or anything: Thee city attorney again read from the Charter; (Article II, Section 5) City Attorney: This is the Section that I thought covered what the Council coul± do in acquiring, leasing or eisposing of its property. The Section you rzeferred to pertains to third parties asking the city to vacate streets, grounds, etc. It is my opinion that the last read article was the one that contrrolled. Councilman Iverson: In that case, I call for an attorney general's opinion on this. Mayon Charlsen: Why didn't this question come up when the vote was taken? Councilman Iverson: No one asked me why I voted no. Councilman Powell: I beg to differ with Councilman Iverson; I asked him mysemf: You said there were other things of more importance, such as street repairs, etc. Councilman Nolde: You stated publicly why you voted, no: Councilman Iverson: Yes, I did. Councilman Nolde: At no time did you question the legality of the Charter or thte legality of this Council: Councilman Iverson: I wanted to be sure; I checked it very thoroughly. Mayors Charlsen: Do you have any reason to believe that there was anything done illegally or capriciously? Councilman Iverson: I didn't say it was illegal. None of us can be expected to know the Charter verbatim. Mayon Charlsen: Personally. I can't see anything wrong with it as far as the Charter is concerned; there is no problem. Counc:ilnen Iverson: But can you sit here and sell a park or anything, just on a notion/ • • (December 8, 1964-continued) 71 • City'Attorney: We have bought property outside of the City Limits without a votes of the public - by the same token you can dispose of the property in the *city without a public vote. Counesilman Iverson: I would just like an attorney general's opinion on this: Councilman Simonet: If we have to write for an attorney general's opinion every time one of these problems come up...I don't think there's any question on ilt. Do you want the attorney general to construe the Charter for us again? Councilman Iverson: Yes. I would like this point clarified. Mayor Charlsen: What, in your opinion, do you think the attorney general woulfd say? Cityd Attorney: The same thing I have just read from the Charter. Mayor Ch : In other words, the Councilman is insinuating that you can't readd the Charter. Courscilman Iverson: I wasn't insinuating anything... Cousncilman Powell: I am satisfied that we acted in the best interest of the Citgp: we did it above board. we had a meeting and the public was invited; there was mo mention made of this at the time of the meeting. We had nothing to go on except the fact that we thought it was correct. We had one descending vote, and if this is your way to block the new city hall, I think it is a strange way of doing it: I personally am willing to except the city attorney's opinion. Counncilman Iverson: I am not attempting to block the sale of anything: I wil:.1 make the motion that the city attorney get an attorney general's opinion on *this question. There was no second to this motion. Mayoor Charlsen: Being no second to the motion. there will be no further action on Lt. Mr.. Nehring: I might ask the attorney this question - when the county wants to 'build a court house they have to go to the4people don't they? Well, is this thee complete wish of all the people of Stillwater that we need a new city hall? City Attorney: That is not a legal question and you know it. The city can di®pose of its property if it's legal and if it is not arbitrary or capricious. Mr... Metering: In other words, the city council feels they do not care for the wish of the general public? they just proceed? hert eAttorney: Von wentohool long octis arbitraryorcapricious, to know that this Council here to do a good job..If youthink theiraction them you have an avenue to the courts. Co nmcilman Powell: Mr. Nehring, we didn't do this arbitrarily or without anybody knowing about it. I question why you are even down here tonight - I don't think yowl are here of your own accord. Couuncilman Nolde: I voted for it because the City of Stillwater has been sittting here for many years without progress. I haven't found one citizen that is against a new city hall and fire station. Go over to the old fire station and take a look at it: Thils building was built many years ago. If we continue to sit here and try to gett by the best way we can, the building will come tumbling down. If you can go oveer to the fire station and tell me that that building is suitable for another five years I will appreciate it. If you think our facilities are fine, then we wi:11 have no progress: • • (December 8., 1964-continued) Mr. Sebring: Then that would be your answer to the question I would ask you next. Mrs., Heath: Stillwater wants progress, yes, and fine large buildings will rain* the value of property, but you should fix up the streets. Progress also) means fine recreation for kids - the skating rinks in town are not too red !hot. I would love to see all these things, but what about when the covert house bond comes up again? Are we going to lose the court house in Stillwater? Maynor charism: The federal post office department has decided to build a now post office in Stillwater and we have been invited to give the federal government an option for this land, for which they will pay $80,00:. Local appgraisers tell us the most we can get for this land from another source is $200,000 to $25,000, so, after a lot of discussion and a lot of consideration, we decided this is the time to do it when we can get $80,000 for this property. It will pay approximately one-third the cost of the new city hall. We have to bud a new fire station anyway - the walls are cracking: and this buillding needs a new roof. It would cost $7,000 to $7,500 to put on a new road. We can't use the downstairs of this building in the winter - the flecore are too cold as there is no basement under the building. We have given this a lot of consideration. The property we are getting costs us notching, it is owned by the Water Hoard. Does that make sense or doesn't it?? Mrs. Heath: We also need a few other things. Mayer Charlsens The street program which we thought was very good was turned down. We had a public hearing and the abutting property owners were not willing to share the cost. Mrs*. Heath: If they weren't willing to carry their part of the street program. wild they be willing to carry their part of this projcat? Will they be willing to carry their part of a new court house? Councilman Nolde: Mrs. Heath questioned our skating facilities. We are deprending on weather many times. If the weather is with the city. I am sure your will find good skating on the rinks in the City of Stillwater. We are goilag about it the best we can. Mr.. John Herschleb: Will it be necessary to float a bond issue to build the near city hall? Will this come to a vote? Mayyor Charlsen: Ho, it will not come to a vote. Herschleb: Why is this different? Mayyor Charlsen: The home rule charter says we don't have to put it to a vote. Mrs. James Russell: $2.00 to $2.50 per year is what it is going to cost the tawspayer? Mahgor Charlsen: No: it will be $2.50 to $2.75 for each $100.00 you are pawing now. was. Russell: I don't think a lot of people realize that they are not going to vote on this. There hasn't been enough publicity. Mayors Charlsen: We are giving it some publicity. Mr-. George Kutz: This building will cost you $600,000 or $700,000 at least: Mamar Charleen: Explain where you get your figures! We have hired an architect: he came close to estimated cost on his other buildings and he figuures this one will cost about $297.000. Mr.. Herschleb: Over and above the $80,000? • • (December 8, 1964 continued) 73 • • Mayer Charlsen: No, we are using $300,000 as round figures) we would have to issue bonds for $220,000. Vasil xalinoff: If you can build a two-story building for that amount. you area doing. pretty good. What's the condition of the land you are going to butad on? Some people are here tonight that can remember when it was a swamp. Mayor Charlsen: There was never a swamp there. Geoorge Butz: That ground is full of springs. I would like tosay that, granted, we need a new city halls this is an antiquated building, but it all boiils down to dollars and cents. There are a lot of things I would like, but I ocan't afford it. When this goes through there will be a deal to get a new count house too. Those figures of yours are way out of line on taxes - you knew as well as I do it's going to be $5.00 or $6.00 per year. Mayyor Charlsen: The city has a chance to get $80,000 for this land. Why noet take advantage of it now instead of paying $300,000 for a building five yeaars from now? Mr., Sunny Sandguist: I would like to know if the city charter says anything absent if the council can put this up for bids or take the $80,000. City Attorney: we do not have to advertise for bids. UNBINISDED BUSINESS The Mayor was reminded of several appointments which will expire on Decaanber 31. 19641 he stated he had not been able to contact all of the people inwsolved, and would like to carry the item over to the next meeting. Mr „ Jack Nooley had requested a special permit to extend his parking lot facilities at the South Fourth Street market. The Council set this date for hearing on resoning of the property involved; however, Mr. Nooley elected to witihdraw his request, so no further action is necessary at this time. NOW BUSINESS On motion of Councilman Nolde, seconded by Councilman Powell, a renewal certificate, issued by St. Paul Fire & Marine Insurance Company, covering Peter J. Miller, to make excavations in City Streets and alleys was approved, subject to approval of the city attorney. The Administrator reported on Liability Insurance in connection with the recently completed municipal perking lots. He stated that the premium would be determined. On motion of Councilman Powell, seconded by Councilman Nolde, the assessment roul covering Local Improvement #47, 1964, was approved. (Sanitary Sewer and wattermain in South Borup Street). On motion of Councilman Nolde, seconded by councilman Powell, the hearing date on this assessment was set for February 9, 1965. • • • • `t (December 8", 1964-continued) • • Thee Administrator reported that a Summons and Complaint had been served on him entitled Keith A. Mueller, a minor, by William 0. Mueller as parent and. natural guardian, and Willmer O. Mueller, Plaintiffs; City of Stillwater, defendant. Thee Administrator stated that copies of the Summons and Complaint would be referred to the City Attorney and the insurance carrier. On motion of Councilman Powell, seconded by Councilman Nolde, the statement to Independent School District #834 covering cost to construct 8" sanitary sewer on West Pine Street between South Borup and Southwest Streets was approved. (Total amount due and payable to City of Stillwater - $5,239.65) Manor Charlsen: The work has been completed and has been checked out? City Engineer: Yes. On motion of Councilman Nolde, seconded by Councilman Iverson, the buiilding inspector's report covering activities during the month of November wase approved. On .motion of Councilman Powell, seconded by Councilman Nolde, the Adm:dnistrator was asked to advertise for bids on Road Tar for the 1965 seasuon, bids to be returnable on March 9, 1965. Admxinistrator: I would like to recommend to the Council, for their approval, thatt we consider a long range street program. Do a complete job of the streeets - one -fifth of the streets each year. We can notify the people at leasit a year in advance so they will be prepared and we can proceed in an ordeal}, fashion. With your permission, the city engineer and myself will try to work out a program to cover a five year period. Councilman Powell: This would be on an assessment basis? Admflnistrator: We may change the assessment formula somewhat. I believe the time has come that this assessment formula should be changed and the City should pay more towards the cost. General taxation should pay more of the cost. Geonrge Kuts: What is it figured on at the present time? Admilmistrator: The property owners pay 75% and the City pays 25%. Sunny Sandquist: The streets should be fixed and the property owners all through the City should be assessed. You have not only my car going over my street, but more people are using my street. Assess everybody in the City and do so much work each year. I understand from Councilman Nolde that the City has bought a tar machine. Mayor Charlsen: Not yet. Councilman Nolde: When I told you that over the telephone we were negotiating on buying a tar kettle: we had to abandon the project until aft__e the 1st of the year. Couneeilman Powell: I believe that this new program would be a good thing to heave; however, somewhere along the way someone is going to be hurt. Everybody wants streets done except their own. • • a • ;^ (December 8, 1964-continued) 75 • Mayoor Charlsen: I am heartily in favor of this plan. Councilman Simonet: What did you have in mind? To raise the road fund by zoo many dollars? Admiinistrator: Yes. Our present formula of assessing should not be charsged too drastically; it should come down gradually each year. I have reason to believe that if the people get somewhat of a break, they might go along with it. Councilman Powell: I am in favor of it, but I question whether it will ever go unto effect. Councilman Iverson: I am in favor of it. Councilman Nolde: I am in favor of it. Councilman Elect Peterson: I would be in favor to a certain extent. They are arguing that $2.50 to $2.75 increase in taxes is too much for the new cityy hall; you will have the sane argument on this, but I would personally be tin favor of it. Councilman Powell: Wouldn't something have to be done as far as hearings are concerned? wouldn't this be mandatory? The street program will cost as much one way or the other. Adminnistrator: In connection with this, perhaps the people in attendance would like to hear our tax levy for 1965. I have prepared two levies; one is for 94.11 mills which includes funds for storm sewer work; the other is for 89.864 mills which does not include storm sewers. The engineer feels that storm sewasrs are necessary to stop some of the flooding. He originally asked for $35.,000, but in talking to him today, he said it would not be necessary as part of tthis work could be done each year. The Administrator then read both tax levies and explained each fund involved; he sstated that if the 94.11 mill levy is accepted the mill rate will go up by 3 Mills; if it is not accepted, the mill rate will go down by about one-half milli , Adntinistrator: I thought it was a good idea, while some of our citizens are heree tonight, to give you the tax picture for 1965, but this is a decision that will] have to be made by the Council. Couxncilman Nolde: I am in favor of the sewer project; if we can put in these stoma sewers and eliminate the problem, I am for it. Councilman Powell: we are not interested in putting in storm sewers in front of Homes where people had the oppodnnity and refused it; in my opinion they shoilldn't be getting it on general taxation then. at,/ Engineer: Actually, I would rather have the money for the streets, but I a>n afraid if we let the storm sewers go, come spring people will be down her•; en masse. If we put the money into storm sewers this coming year, over a petrLod of time we will realize a saving on maintenance. • Administrator: This $35,000 that was originally in your request, would that tak.:t care of all the storm sewers within the city limits? City Engineer: It would take care of all we would get complaints on. Councilman Nolde: I am in favor of the storm sewer project. 7oumicllman Iverson: So am I. Councilman Powell: I am too. councilman Simonet: Yes, I am too. I move we accept the levy which includes storrn sewers. Councilman Powell seconded the motion. (All in favor). • • • e 16 • Mayoor Charlsen: One thing should be mentioned to the Council tonight; your: meeting on Friday morning. Admiinistrator: The City Attorney and myself were directed to meet with the federal government representatives to negotiate an option for the present city -hall property. We will meet with Mr. Knapp on Friday morning at 9200 A. M.; we would like to bargain and negotiate for $80,000 or wore if we can get it - not less, and also we would like to negotiate on tlhat extra sixty feet of land which is not included at the present time. Councilman Simonet: It was more or less decided that you and Phil would handle it. On that sixty feet of land abutting Fourth Street, I don't know 1f we should do anything about it now; maybe we should retain part of ghat sixty feet for the curve. Admlinistrator: In connection with that, Mr. Knapp called and asked that the Council consider the option this evening so that when Mr. Eastwood and I meet with Mr. Knapp we will be in a position to close the deal. Maymr Charlsen: They should give us at least twelve months to vacate this propperty. ORDIINANCES On emotion of Councilman Simonet, seconded by Councilman Powell, the Clerk maids the second reading of, "An Ordinance Determining the Annexation of Certain Land to be in the Best Interests of the City of Stillwater and of the Territory Affected and Declaring Same to be Annexed to the City". (Lilly Lake School property). The ordinance was read Section by Section, followed by roll call after each Sect:Lon. The Mayor then put the question, "Shall this ordinance pass?", folloawed by roll call, whereupon the ordinance was unanimously adopted. On nation of councilman Powell, seconded by Councilman Nolde, the Clerk madee the first reading of, "An Ordinance Amending an Ordinance Authorizing the Installation of Parking Meters to Regulate Traffic". Mayoor Charlsen: The Administrator mentioned that the southwest end of the old bus garage is still standing. It would make a good storage area for the City. Would it be alright with you gentlemen to retain this? City. Attorney: I was asked for an opinion on it. After studying the general oblijation bond, there is nothing in there that would prohibit our using what: is there. What we cannot do is lease or sell it to other people for any :other purpose than parking. Admi:.aistrator: I asked the city engineer if he thought the place would be dry .enough to store our voting machines. He said with a dehumidifier we probably could store our voting machines there for the time being. It wads then decided to retain part of the building for storage purposes. Mayon Charlsen: It was thought that perhaps the Civil Defense Unit could park: their truck in that building also. CounociLman Nolde: I would suggest we forget about the Civil Defense; the builoding is setting on a parking lot; if they are going to go in there, they would want to have full say. It was then decided to contact Mr. Blodgett, Civil Defense Director. and get kids feelings on the matter. (December 8, 1964-continued) 77' • • Mayor Charlsen: The old house located west of the Peaslee bus garage - Grleffen wrecking said they would remove it for $350.00. Councilman Iverson then moved to have Griffon demolish the house: Councilman Powell seconded the motion. (All in favor). RESOpLGTIONS Dous:mcilman Powell moved that the first eight resolutions be voted on as a gro.x:p. Councilman Nolde seconded the motion. 1. Directing the Payment of Rills. 2. Fixing Tax Levy for 1965. 3. Vacating a Part of Commercial Avenue (repassed) 4. Vacating a Part of East willow Street (repassed) 5. Accepting work, Local Imp. Nos. 47 8 49 (repassed) 6. Fixing Compensation of Fireman (Myers) (repassed) 7. Fixing Compensation of Fireman (Schrade) (repassed) 8. Fixing Compensation of Fireman (Tibbetts) (repassed) 9. Granting An Option to the Postmaster General of the United States to Purchase Certain City Property. Councilman Iverson: No Councilman Nolde: Yes Councilman Powell: Yes Councilman Simonet: Yes President Charlsen: Yes 10.. For Nearing on Proposed Assessment, Local Improvement 447 ('Rorup Street') 11.. Accepting Petition and Ordering Preparation of preliminary Report (South Sixth Street - Watermain) ADMOURNMENT On motion of Councilman Powell, seconded by Councilman Iverson, the meeting adtcurned to December 29, 1964: this portion of the meeting closed at 10:40 P. M. Attest: City Clerk Mayor • 78 • • • Coumz Ll Chamber ` Stil..Lwater, Minnesota December 29, 1964 7:30 P.M. Rego:lac Adjourned Meeting The 'meting was called to order by President Charlsen. Prevent: Councilmen Iverson, Nolde, Powell, Simonet, and President Charlsen. Absent: None. ApPIIlCATIOMS On Emotion of Councilman Powell, seconded by Councilman Nolde, cigarette licenses were granted to the following for the year 1965: American Legion Club, 103 S. Third Street Connolly Shoe Company, 123 N. Second Street Edward J. Davidson. 231 E. Myrtle Street Del Farm Store, 216 W. Myrtle Street Arnold Deno, 215 N. William Street Eagles Lodge Aerie 894, 227 S. Main Street Elks Lodge M179. 110 S. Main Street C. H. Felix, 413 S. Greeley Street James L. Gardner, Route S2 Paul R. Glaser, 208 N. Second Street John Leonard Hinz, 302 S. Main Street Donald Kaisershot, 224 S. Main Street Ed Knefelkamp, 1101 N. Owens Street Milton Krelitz, 131 S. Main Street Emerson M. Lever, 108 S. Main Street Dale C. Mattison, Lakeview Memorial Hospital E. James Meister, 901 S. Fourth Street Merl K. Meister and Clara A. E. Meister, 112 N. Main Street Don Michaelson, 108 S. Third Street Midland Cooperatives, Inc., 501 N. Main Street Donald F. Mosiman and Glen L. Karlcske, 317 S. Main Street Wade Nelson, 120 W. Olive Street Myrtle L. Norris, 101 N. Owens Street Northern States Power Company, 425 S. Main Street Ralph B. Otte, 517 N. Owens Street Nelle Palmer, Lowell Inn Arthur F. Raduenz, Jr., 326 S. Main Street St. Croix Drug Company, 132 S. Main Street Fern Sherod, 807 N. Fourth Street Stillwater Country Club, N. Second Street Arthur S. Swanson, 229 E. Chestnut Street Lawrence Swanson, 106 S. Main Street Norge Thomsen, 224 S. Main Street Veterans of Foreign Wars, 124 N. Main Street Orien Walker, 806 S. Wain Street Carole Wert, 308 S. Main Street Patrick White, 603 W. Churchill Street Ralph Milberg, 1112 Sixth Avenue 5o. Gene Wright, 218 N. Main Street Leonard Yee, 241 S. Main Street Willard & Harold Zolldan, 211 S. Main Street • • (December 29, 1964-continued) 79` • On motion of Councilman Powell, seconded by Councilman Nolde, soft drink licitness were granted to the following for the year 1965: American Legion Club, 103 S. Third Street Connolly Shoe Company, 123 N. second Street Edward J. Davidson, 231 E. Myrtle Street Del Farm Store, 216 W. Myrtle Street Arnold Deno, 215 N. William Street Eagles lodge Aerie p94, 227 S. Main Street Elks Lodge #179, 110 S. Main Street C. H. Felix. 413 S. Greeley Street James L. Gardner, Route #2 John L. Hinz, 302 S. Main Street Donald Kaiserehot, 224 S. Main Street William Kinael, 118 E. Chestnut Street Ed Knefelkamp, 1101 N. Owens Street Milton Krelits, 131 S. Main Street Nelle O. Palmer, Lowell Inn E. James Meister, 901 S. Fourth Street Merl K. Meister and Clara A. E. Meister, 112 N. Main Street Donald A. Michaelson, 108 S. Third Street Midland Cooperatives, 501 N. Main Street w„ Donald F. Mosiman & Glen L. Karloske, 317 S. Main Street Wade Nelson, 920 W. Olive Street ,.,,..� Myrtle L. Norris, 101 N. Owens Street Northern States Power Company, 425 S. Main Street Ralph B. Otte, 517 N. Owens Street Carolee Stewart (Last Chance cafe) 304 N. Main Street Stillwater Country Club, N. Second Street Stillwater Drug Store, 108 S. Main Street Ringer -St. Croix, 250 N. Main Street Fern Sherod, 807 N. Fourth Street Stillwater Sbtor Company, 326 N. Main Street Arthur W. Swanson, 229 E. Chestnut Street Gorge Thomsen, 224 S. Main Street Veterans of Foreign Wars, 124 N. Main Street Orien Walker, 806 S. Main Street C. J. Wert, 308 S. Main Street Patrick White, 603 W. Churchill Street Ralph wilbeeg, 1112 Sixth Avenue S. Eugene Wright, 218 N. Main Street Leonard Yee, 241 S. Main Street Willard & Harold Zolldan, 221 S. Main Street Ora notion of councilman Nolde, seconded by councilman Powell, On and Off Sale 3.,2 Beer Licenses were granted to Carolee Stewart. 304 North Main Street, for the year 1965. (former licensee - John Houston). Omt motion of councilman Nolde, seconded by Councilman Powell, a license to "Maul Things to the City Dump" was granted to Leighton Charlsen, 1030 Fourth A venue South. Ole motion of Councilman Powell, seconded by Councilman Nolde, a license to ".'Collect and Dispose of Garbage and Rubbish" was granted to Leighton Charlsen, 102130 Fourth Avenue South. 0ma motion of councilman Nolde, seconded by Councilman Powell, the following taxicab licenses were granted: Victor F. Prescott, Stillwater Taxi Company, 202 S. Main Street (four cabs). e 80 • Wecemoe CY', L704Conclnuea/ ,• — • Norwe:' E. 'Webb 4 David W. Olson. Carlson's Taxi Company, 233 South Main Street (four cabs). Councilman Nolde: I think there should be some check made after we renew theeee that they are only driving cars that they have a license to operate. Councilman Powell: The police can do this: they should be instructed to cheek that licenses are posted in the cars. On motion of Councilman Nolde, seconded by Councilman Powell, a license to Opesrate a Theatre was granted to Ernest Peaslee, Jr., 211 South Second Street, fors the year 1965. On motion of Councilman Nolde, seconded by Councilman Powell, the following On Sale Liquor Licenses were granted for the year 1965, and bonds in the smmurt of $3,000.00 for each were also approved. The Lowell Inn, Inc., 102 N. Second Street J. L. H., Inc., 302 S. Main Street Edward J. Davidson, 231 E. Myrtle Street Donald F. Mosiman and Glen L. Karloske, 317 S. Main Street 224, Inc., 224 5. Main Street Merl K. Meister and Clara A. E. Meister, 112 N. Main Street Eagles Lodge, 227 S. Main Street Stillwater Country Club, N. Second Street V.F.W. Post 323, 124 N. Main Street American Legion Club, 103 S. Third Street Elks Lodge, 110 S. Main Street A request was received from Marvin Bowers, Charles Heilot and Kevin Charlsen to hold dances at the American Legion Hall. City Attorney: They have already had a dance at the Legion Club, and we have turned them down for future dances there because they were not supervised by adumlts. They have now entered negotiations with the Armory to hold dances thence. Counncilman Nolde: I move the request be approved for the Armory provided they hawse adult supervision. Counncilman Powell seconded the motion. COMMONICATIONS Fromm H. L. Poster, Manager of the Water Department, in regard to watermain in Lakeview Terrace Addition. Mr. Foster stated that a 6" cast iron watermain ham been installed in said addition under the supervision of the Hoard of Water Commissioners, and the watermain has been approved by them. Fromm the Commissioner of Conservation in regard to matter of Northern States Posner Company's application to appropriate water from the St. Croix River. (December 29, 1964-continued) • 8.1 e • • Thee Clerk reported that this was a notice of hearing, to be held at the Aueditorium Theatre on January 13, 1965. Citty Attorney: In connection with this, Lyle Eckberg, attorney for Oak Park He:ights, has asked me if I would sit with him as City Attorney for Stillwater. Thee procedure will be that Eckberg will handle all the discussion in favor of grsanting the permit to N.S.P. We are also to be there to question the opponents to. the plant. He asked me if I would sit with him and help him conduct the queestioning of any opponents to the plant. Mayor Charlsen: I can't see anything wrong with that. Co.encilman Nolde: I think it would be a good idea myself. Copy of a letter from the City Engineer to the State Highway Department in reward to snow removal. The City Engineer reported that this was just a foramality and needed no further action. From the Northwestern Power Equipment Company, Inc., in regard to sewage staation high alarm system. Thee Clerk reported that the total net cost to install an alarm system at the litft stations was quoted at $2,168.00. Coc mcilman Nolde: Lay this over until we find out from the telephone company thee exact cost of transmitting these signals to the different stations, then takke action one way or the other. Councilman Powell: I move that the City Administrator instruct the engineer to check on the cost of this particular service. Couuncilman Nolde seconded the motion. COMMITTEE REPORTS Couuncilman Powell: I have nothing to report. Couuncilman Iverson: I have nothing to report. Councilman Nolde: I have nothing to report. City Administrator: The County Assessor called me yesterday and asked me to stoop and see him: he informed me that something has to be done about the valluation in the City of Stillwater. He asked if you wanted to revalue your City or have the State come in and do it at a cost of about $35,000. He staated that the County of Washington would furnish two appraisers and we in tur_a must furnish two of our own men so they could be split into two teams; their would revalue every home in the City on the square foot basis. Commissioner Cafferty would like the Board of Equalization to be there at the timer, and an explanation would be given as to why this was brought about. It • • 82 e • is important that every member of the Board of Equalization be there, and al:.so any member of the Council who can be there. Councilman Powell: I think it's a good idea to get two men from the County and two men from the City. CoT,sncilman Nolde: With the good help of our own assessor, we wouldn't need the County or the State. They are volunteering to help us because they fi•.gure they can pick up another $35,000 per year in taxes. While we are on thus subject, we should find out what the County is going to do for us; are thtey going to give us some money for recreation? Magyar Charlsen: Let's attend this nesting tomorrow and get the feeling of tine County Assessor, and we will go on from there. Ciity Administrator: One other thing I would like to report is that the City of? Stillwater records show that 75% of our court work is for the County, and I •ean't see why our City should pay the entire salary of the judge. We have ant offer from the County Commissioners for $5,000 toward the municipal court expenses: we are going to discuss this matter further. City Attorney: I think it would be important that when Commissioner Cafferty hate to make proposals to the County Board, the more support he has, the better; and there is no better support than the City fathers themselves. PETITIONS Nome DEIISOATIONS OR INDIVIDUALS Nome UNIP INISNED BUSINESS Thee Administrator presented the final plat of Lakeview Terrace Addition for Counncil approval. Administrator: I don't know what you want to do with this: the Engineer esetimates that the cost for street surfacing and concrete curb and gutter for Lakeside Drive will be about $12,000. According to an ordinance relating to this, a bond should be posted with the City covering this amount just in caste the developer fails to comply as required by the ordinance. Do you wart to enforce this rule as it applies to new plats and ask the developer to furnish a bond? This would guarantee that the work would be done. You couuld approve the plat subject to this condition. Counncilman Powell: I am sure that the developer (Mr. I. A. Bergen) would realize that any action taken by the Council would not be against him peasonally. You have got to go by the book right down the line. You can't takes into consideration who the man is. I move that he be instructed to post a Mond. (Councilman Iverson seconded the motion.) Mayyor charlsen: We will approve the plat subject to posting of a bond. • • • • (December 29, 1964-continued) 83 On mottion of Councilman Powell, seconded by Councilman Nolde, the following appointments made by Mayor Charlsen were confirmed: Library Board: Mrs. Henry VanMeier (reappointed) Mrs. A. J. Kraemer (reappointed) Mrs. Ruth Jensen Park Board: Karl Neumeier (reappointed) Planning Commission: Bergen Moberg Hagen (reappointed) John Condon Prank Steinmetz NEW IHISINBSS On aeotion of Councilman Molds, seconded by Councilman Powell, the following insu:uance policy was approved: Policy No. 3-11-02-17 covering apartment building at 413 North Second Street in the sum of $2,500.00; premium for three year period - $55.35. The Clerk reported that a notice of claim was filed in his office o elon Decsember 9, 11964. by James L. Douville, attorney for Dorothy Cooney, suffered irjuries resulting from a fall on a city sidewalk. A copy of said otiiee was mailed to the City Attorney and the Krog Agency on December 9. 1964. slee had toe etfhe City ort$950.00;Mr. the originalacost was offered garage Clerk $1.800.00 three years ago Courncilman Simonet: I move we refer this to the City Engineer; if he thinks we rased the door - fine. Councilman Nolde: If you are just going to use that garage for storage, you don ; t need a $950.00 door - have one built for $200.00 or so; but if you are going to have trucks going in and out of there all day, you would need a better one,. Mayeor Charlsen: Refer it to the Administrator and the Engineer to check into thee cost of a new door, or whatever they want to do. Councilman Iverson: I would say try and get this door for a better price. d sett soonsrhours. IIahavveelaQto feelingtifwith he has set�hooursrandvery therenia omehave kindhim nate outtside oft the close off the dump, The policetmay said theyiwoulddumping by patrol it ifoweeliving up to would putt some kind of gate up there. Mayyor Charlsen: The City Administrator should take it upon himself to do whenever he thinks is best. • /84 • • • Tfhe Administrator requested that theCouncil consider passing a new resolution Co raise the maximum amount of money that can be deposited in the Ccosmopolitan State Bank - from the present $400,000.00. ?This will be done by resolution which will be read at the next meeting. :On motion of Councilman Powell, seconded by Councilman Nolde, the Clerk was ,directed to advertise for bids on coal, bids to be returnable in March, 1965. "the Assistant Chief of Police, Alfred Roepke, recommended that the City hire a new patrolman - Albert Cote. Mayor Charlsen: I would like to state that he has been on the auxiliary. police force for several years. He has taken all courses given by the auxiliary department; he is a good family man, etc. After further discussion, Councilman Nolde moved that the Council follow Me. Roepke's recommendation and hire Mr. Cote. Councilman Iverson seconded the motion. The Clerk presented an "Assignment of Wages" - Eldon D. Sanders to Viola Sanders, for Council approval. Councilman Nolde moved that the matter be tabled until the next regular meeting: Councilman Iverson seconded the motion. On motion of Councilman Nolde. seconded by Councilman Powell, the Clerk was directed to advertise for bids on Rock Salt; bids to be returnable in March, 1965. The following Order of Business was adopted for 1965 Regular Council Meetings: 4:30 P. M. Call Meeting to Order Opening Prayer Roll Call Approve Minutes Applications Communications City Administrator's Report Adjourn to 7:30 P. M. 7:30 P. M. Petitions Delegations or Individuals Unfinished Business New Business Ordinances Resolutions Adjournment At this time the Council discussed the proposed budget for 1965 at some length; also salary adjustments. • • (December 29, 1964-continued) 85 • • On: motion of Councilman Powell, seconded by Councilman Nolde, the following bundget was adopted for the year 1965, BUDGET 1965 General Fund $217,178.00 Band Fund 3,500.00 Civil Defense Fund 1,500.00 Library Fund 19,000.00 Postaudit Fund 1,500.00 Parking Facilities Fund 1,902.28 Voting -Machine Fund 1,700.00 1959 Sewer Improvement Sinking Fund 42,000.00 Real Property Fund 5,000.00 Permanent Improvement Fund 35,500.00 Firemen's Relief Fund 380.45 Public Employees Retirement Fund 21,000.00 Sinking $125,000 Bonds of 1963 3,300.00 Parking Facility Bonds of 1963 4,568.00 $358.028.73 GENERAL FUND BUDGET 1965 Revenue: General Property Taxes $222,178.46 Licenses and Permits 32,670.00 Fines, Forfeits, Fees and Costs 11,900.00 From Use of Money 2,310.00 From Other Agencies 38,690.00 Charges for Current Services 5,350.00 Refunds and Reimbursements 1,000.00 $314,098.46 Reserve in Excess of Expenditures 9,334.32 $323.432.78 Expenditures: General Government $ 3,700.00 Municipal and Conciliation Court 15,594.00 Elections 75.00 Finance 24,860.00 Assessor and Board of Equalization 5,260.00 Law 7,025.00 Planning & Zoning 25.00 City Hall 6,460.00 Publish Financial Statement 500.00 Fiscal Agent's Service Charge 350.00 Police Department 53,720.00 Fire Department 56,448.00 Protective Inspection 7,776.60 Militia and Armory 250.00 Animal Control 3,590.00 Engineering 12,770.00 Roadways 46,949.18 Snow and Ice Removal 6,000.00 Traffic Signs, Signals and Markings 1,000.00 Equipment Maintenance Jhop 1,000.00 Street Lighting 20,000.00 Dump Grounds 5,070.00 Conservation of Health Playgrounds 4,020.00 Skating Rinks 500.00 Lily Lake Beach 3,550.00 American Legion Beach 3,000.00 Parking Meters 4,000.00 Insurance 13,000.00 Hydrants 2,000.00 Rental Units Expense 500.00 Hospital and Medical Payments 5,200.00 Gasoline 5,000.00 Undistributed General Expense 1,400.00 $323,432.78 • 86 (December 29, 1964-continued) • • Con notion of Councilman Powell, seconded by Councilman Holde, the following saslary and wage schedule was adopted for the year 1965: (Single rate hospital and medical premiums shall be paid by the City in addition to the saslaries and wages listed below: See Resolution No. 1968) 1. Mayor $ 400.00 per year (Charter) 2. Councilmen $ 300.00 per year (Charter) 3. Clerk -Administrator, City Treasurer (Lester Brower) $ 675.00 per month 4. Clerk of Municipal and Conciliation Courts (Lester Brower) $ 100.00 per month 5. City Assessor (Howard Hanson) $ 420.00 per month 6. City Engineer $ 770.00 per month 7. City Attorney (Philip Eastwood) $ 575.00 per month 8. Chief of Police $ 645.00 per month 9. Chief of Fire Department $ 558.00 per month 10. City Health officer (Dr. R. E. Carlson) $ 70.00 per month 11. Judge of Municipal and Conciliation Court (Searle Sandeen) $6,000.00 per year (Statute) 12. Special Judge of Municipal and Conciliation Court (John L. Jewell) $ 25.00 per day (Statute) 13. Bookkeeper (Dsloris Larson) $ 295.00 per month 14. Deputy City Clerk and City Treasurer, Deputy Clerk of Municipal and Conciliation Court, and Office Manager (Marlene Herbert) $ 390.00 per month 15. Deputy City Clerk and City Treasurer, Deputy Clerk of Municipal and conciliation Court (Doris Butz) $ 380.00 per month 16. Secretary (Carol Peterson) $ 345.00 per month 17. Extra Clerk Hire (Clerical not to exceed) $ 1.50 per hour 18. Building Inspector (Charles Thompson) $ 530.00 per month 19. Director of Civil Defense Malvin Blodgett) $ 25.00 per month 20. City Band Director (George Regis) .21. Sewage Works Superintendent :22. Assistant to City Engineer .23. Street Department Foreman 224. Assistant to Building Inspector m5. Sewer Plant Operator $ 110.00 per month $ 565.00 per month $ 2.20 per hour $ 520.00 per month $ 2.40 per hour $ 430.00 per month * * plus overtime @ $1.80 per hour; overtime to be determined by the City Engineer. • • ,^ (December 29, 1964-continued) 87 • • m4. Assistant to Chief of Police 217. Investigator - Police Department 228. Sergeant. Police Department :29. Patrolman :ao. Patrolman - start $ 580.00 per month (Maximum) $ 580.00 per month (Maximum) $ 550.00 per month (Maximum) $ 520.00 per month (Maximum) $ 425.00 per month (Maximum) Salaries of police officers and patrolmen not to exceed the maximum as set forth above: Salary adjustments between starting and maximum range to be determined by the City Council on the recommendation of the department chief and the City Administrator, :f1. Auxiliary Police $ 1.75 per hour -22. Auxiliary Police - Assigned to Youth Center 33. Police officer, Maintenance - Parking Meters, Dog Catcher (Reuben Jacobson) :14. Captain - Fire Department :15. Lieutenant - Fire Department :16. Fireman :17. Fireman - start $ 5.00 per night $ 420.00 per month $ 493.00 per month (Maximum) $ 463.00 per month (Maximum) $ 440.00 per month (Maximum) $ 400.00 per month (Maximum) Salaries of firemen not to exceed the maximum as set forth above; Salary adjustments between starting and maximum range to be determined by the City Council on the recommen- dation of the department chief and the City Administrator. .98. Auxiliary Captain - Fire Department $ 176.00 per year .19. Auxiliary Lieutenant - Fire Department $ 168.00 per year •40. Auxiliary Driver - Fire Department $ 160.00 per year 41. Auxiliary Fireman - 1st Class $ 152.00 per year 42. Auxiliary Fireman - 2nd Class $ 108.00 per year 43. Operator -Driver. Street Department $ 2.30 per hour 44. Driver -Laborer - Street Department $ 2.15 per hour 45. Laborer - Street Department $ 2.10 per hour 46. Seasonal Laborer - Street Department $ 1.75 per hour 47. Mechanic $ 2.30 per hour 48. Janitor (Edward McKnight) $ 105.00 per month 49. Caretaker - Pioneer Park $ 210.00 per month 50. Dump Tender (Frank Hintz) $ 210.00 per month 51. Director of Recreational Facilities (Joel 8lekum) $ 335.00 per month • a .( 88 (December 29, 1964-continued) • RESSOLUTIONS Thee Following resolutions were read and were, on roll call, unanimously adoopted: 1. Directing the Payment of Bills. 2. Approving Employment of Patrolman (Albert Cote) ADATOURNNENT On: motion of Councilman Powell, seconded by Councilman Simonet, the meeting ad_Ijourned at 12:24 A. N. At'.t eat: /..r..'rk' I/ • or� Nay/�/Y • • 89 s • County Assessor's Office Washtiington County Court House Sti1D1water, Minnesota Speceial Meeting December 30, 1964 2:00 P. M. The: neeting was called to order by President Charlsen. Pre:esent: Councilmen Iverson, Powell, Simonet, and President Charlsen. Absaent: Councilman ciolde Alsao present: Philip Eastwood, City Attorney; Lester Brower, City Administrator - Clerk County Commissioner Lafferty; County Assessor, Dewey Kelson: and Counncilman Elect, Roger Peterson. The meeting was called for the purpose of discussing the matter of reassessing air taxable property within the corporate limits of Stillwater. Mr.- nelson explained that he had received an order from Mr. Hatfield, Coenemissioner of Taxation for the State of Minnesota. to the affect that all of the taxable property in the County of Washington shall be reassessed during then year 1965. Mr. Zelson informed the Council members that the City of Stiillwater would have a choice of using local men to make this reassessment, or the State of Minnesota would do so at considerable expense to the City, es".itimated somewhere in the neighborhood of $35,000 to $40,000. He stated that thee County would furnish two qualified appraisers, at no expense to the City: thee appraisers would work with two men furnished by the City of Stillwater. anod he suggested that one of the men would be the City Assessor, Howard Hanson. anod perhaps Mr. Charles Thompson. the Building Inspector who has assisted Mt. Hanson over the past several months. Cosunty Commissioner Cafivrty stated that, in his opinion, the City of St.ilLwater is badly in need of a complete revaluation, and felt the City should take advantage of the County's offer to furnish two men to assist in the re•,raluation. Maairor Charlsen inquired if it was the intent of the county assessor to or toespread thae new valuations, resulting from the reassessment in the city, rooLls prior to completion of the reassessment in all areas of Washington County. Thse County assessor informed him that he would not spread any of the new vastustions on the tax rolls until the entire county had been reassessed. Thee Mayor then inquired if the reassessment might increase valuations in certain areas of the City: Mr. Kelson explained that in his opinion there would bee many adjustments in the valuations, and he further stated that the business diistrict of the city might have a decreased valuation due to the old buildings amd the market value thereof. Tine Administrator then inquired if, in the event the city would refuse to comply with the order of the State Tax Commissioner, would the State then arbitrarily send a man into the City to revalue all of the taxable property ttterein. Min. nelson informed him that he was sure that the State Commissioner of Taxation would take the necessary steps to bring about a complete revaluation of all property in the City. Mayor Charlsen asked the Council members how they felt about this matter of reevaluation of the city; all agreed that the city should take advantage of the coonty's offer to furnish two men to assist, at no cost to the city, to comply wtith the order of the tax commissioner. • • (December 30D, 1964-continued) • 90 • • Them Mayor and Council members felt that, should the state enter into the picture, the expense would be prohibitive and the local assessor would probably have no voice in the matter as far as valuations are concerned. Mr... Melson then stated that he would not send hie men into the city unless then city would request same by letter. The Mayor then instructed the Administrator to write a letter to the County Assessor and request that thee County furnish two appraisers who would assist the local assessor at no cost to the city. ADATOORNMEMT One motion of Councilman Powell, seconded by Councilman Iverson, the meeting adljourned at 4:00 P. M. Atrtest: City Clerk Mayor