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HomeMy WebLinkAbout1965-01-12 - 1965-12-30 CC MIN• • couancii Chamber Stiillwater, Minnesota Rzogular Meeting January 12, 1965 7:30 P. M. Thai melting war called to order by President Charlsen. Opwening prayer by the Clerk -Administrator. Pr.zsent: Councilmen Iverson, Nolde, Powell, Simonet, and president Charlsen. Absent: None On :motion of Councilman Powell. seconded by Councilman Nolde, minutes of the fo:ilowing meetings were approved subject to review and corrections: Regutar Meeting Regular Adjourned Meeting Reggular Adjourned Meeting Regqular Adjourned Meeting Reogular Meeting Reggular Adjourned Meeting Special. Meeting November 10, 1964 4:30 P. M. November 17. 1964 7:30 P. M. November 24, 1964 7:30 P. M. December 1, 1964 7:30 P. M. December 8. 1964 4:30 P. M. December 29, 1964 7:30 P. M. December 30, 1964 2:00 P. M. At this time, the Clerk -Administrator read a resolution commending Councilman Rd..ard Simonet, Jr. for his faithful service during his term in office: the voting on the resolution was as follows: Councilman Iverson: Yes Councilman Nolde: Yes Councilman Powell: Yes President Charlsen: Yes Councilman Simonet: Thank you. gentlemen, very much; I can't think of a better way; to express one's citizenship than to serve on the City Council. From my rellations with other members of the Council I know they are dedicated men. I fellt that I didn't do enough, but it was a nice relationship and, as I said before, I acaa't think of a better way to express one's citizenship than to spend some tinne in the service of the city - it was a very fine tenure. Mayor Charlsen: It has been a pleasure wor7:ing with you, and i hope our good rellations will continue for years to come. Cotoncilman Simonet: I should also congratulate my successor; I know you will do very well, Roger. Councilman Powell: It was very pleasant working with you, Ed; really a pleasure. Cowncilman Nolde: I would like to say that I doubt if I could find another man who is as honest as Ed, he was fair to everyone who ever came into this Council Chaanber; he voted for the interests of the City. On motion of Councilman Powell, seconded by Councilman Iverson, the meeting adjoourned to 7:51 P. M., January 12. 1965. Attest: /7:1 City Clerk Mayor • 9:l J • (January 112. 196S-continued) r • • Couuncil Chamber Stzillwater, Minnesota January 12, 1965 7:51 P.M. time Clerk -Administrator administered the Oath of Office to Councilman Elect Donald Nolde, and Councilman Elect Roger Peterson. Regular Adjourned Meeting Tine meeting was called to order by President Charlsen. Prresent: Councilmen Iverson, Nolde, Peterson, Powell, and President Charlsen. Moment: None Mayor Charlsen: Gentlemen, we are starting a new year, with one new coouncilman and one 'older' one: I hope that the future year holds as much and more than it has in the past. I hope we will work as a group and not ass individuals. I hope we will show progress this year that will be remembered fo.r years to come, and I am sure it can be done with you elected officials and th•m appointed officials working as a group with the City Administrator. Co.,uncilman Nolde then nominated Councilman Powell for the office of Vice Prresident of the Council. Councilman Iverson moved that the nominations for the office of Vice President of the Council be closed, and that the clerk be instructed to cast a unanimous ba::Llot for William Powell: the motion was seconded by Councilman Peterson. A .unanimous ballot was then cast by the Clerk, and the Clerk declared Wi:.11iam Powell elected to the office of Vice President of the City Council. Covina/man Iverson then nominated Councilman Donald Nolde and Councilman Roger Peterson to serve on the Board of Equalization. Councilman Powell then moved that the nominations for the Board of Equalization be closed and that the Clerk be instructed to cast a unanimous ballot for Donald Nolde and Roger Peterson; the motion was seconded by Cosuncilman Iverson. A wnamimous ballot was then cast by the Clerk, and the Clerk declared Donald NoIlde and Roger Peterson elected to the Board of Equalization. Cowncilman Peterson then nominated William Powell and E. D. Iverson to semve as Commissioners of the Sinking Fund. Councilman Nolde moved that nominations for Commissioners of the Sinking Punnd be closed, and that the Clerk be instructed to cast a unanimous ballot forr William Powell and E. O. Iverson: the motion was seconded by Councilman Peteerson. A unanimous ballot was then cast by the Clerk, and the Clerk declared Willliam Powell and E. O. Iverson Commissioners of the Sinking Fund. • • • (January 12, 1965-continued) 93 e e Maxtor Charlsen announced that Committee Assignments were no longer necessary, "sillies the appointment of the Administrator, he will be handling all departments in City government - the department heads will work through the Adaaintstrator, and the Administrator will report to the Council". API'PLICATIONS Os:, notion of Councilman Iverson, seconded by Councilman Nolde, cigarette licenses were granted to the following for the year, 1965: William Kinsel, 2nd A Chestnut Streets Universal Vending Company, White Bear Lake, Minn. (machine in Washington County Court House) Hooley's Downtown Market, 405 B. Myrtle Street Hooley's South Hill Market, 902 S. Pourth Street On.notion of Councilman Powell, seconded by Councilman Nolde, soft drink li..eenses were granted to the following for the year, 1965: Hooley's Downtown Market, 405 E. Myrtle Street Hooley's South Hill Market, 902 S. Fourth Street COMMUNICATIONS From Mr. G. L. Fox, Lease Agent. Northern Pacific Railway Company, reminding thee Council that the lease covering land used for public parking will expire on July 31, 1965. (present rental agreement - $2,400.00 per year). flavor Charlsen: I would like to make one remark - X wonder if it would be pomsible for the City Administrator and the City Attorney -to contact these peeople and negotiate for a lower contract price than what we have been paying. If we have to pay $2.400 per year, let's use it for something we can get some uses out of; they can take that property back anytime they want it - they dorm't have any leases on it. I would like to see the City buy that property. Covunetlsan Iverson: How about if we would work out a lease option where the renntal payments would apply to the sale price? Manor Charlsen: That would be fine, but I don't think the railroad would go aloong with it. Mr.. Chester Wilson: Might I remind the Council that the Park Board has always beset on record as being in favor of the City's acquiring that land. Manor Charlsen: Let's instruct the City Administrator and the City Attorney to negotiate with the railroad on this - for a lease option or a long term purchase, so it will end up with a purchase rather than long term rental lease. Frosm Bessie Mitchell, 703 North Fourth Street, in regard to sewer rental charge. Muss Mitchell requested a reduction in her sewer rate from $6.60 to $5.00. She. stated an excessive amount of water was used due to a leaky bathroom fixture. Clerk -Administrator: I would like to recommend that this be granted. On m_.ion of Councilman Iverson, seconded by councilman Nolde, the reduction was grasnted as requested. • • e (January 12:, 1965-continued) o Frcom e. Thomas Mc R. Megqu?West Oak a reduction rstating thanregard an excessiverental amount ofeswat• ha• been u requested of water had been used in attempts to build a skating rink in his yard. Adnalnistrator: I would like to recommend that the rate applied prior to the flooding of the skating rink be granted. Convncilman Powell: This would be the same as requests for watering lawns in th.ee summer; we have always denied those. Manor Charlsen: I think you should send him a letter stating that if he wants a skating rink he should start flooding it in January instead of Deecember, when the rates are fixed for the following year. Priam the League of Minnesota Municipalities in regard to proposed legislative resolutions requested by the League's Committee on revenues. Administrator: They ask that the Council take a position on two resolutions to indicate yes or no. Resolution on Withdrawal of State From Real Property Tax Field. Resolution on New Sources of Revenues for Municipal Government. °councilman Iverson: What is the general feeling on these resolutions? Aodministrator: The general feeling is - the Withdrawal of aliof. the State From tar Real Property Tax Field is the most popel Mayor Charlsen: Where would they pick up additional revenue? ?administrator: I think there will be a sales tax, but I don't think there is a: possible chance of legislation on this matter passing this year. CCsuncilmao Peterson: I feel, personally, that not this session. but next ezession we will have a sales tax. I wouldn't betsurprised rprisedhi budget it then suasion - they have no other way to go wve'll end up with an excise tax. Councilman Powell: The first resolution is what? Administrator: Withdrawal From the Real Property Tax Field. councilman Powell: I move that we go on record as being in favor of Resolution MYO. 1. Ccouncilman Nolde seconded the motion. ltr. Vince Hammon, Stillwater Evening Gazette. submitted a report on the City :float - expenditures for the year. etc. 'Councilman Holder I think the Council should commend Vince for doing such •e good job; if it weren't for Vince we wouldn't have a float. hat rhaps a etter should sent theiEditortor: May I commending Mr99Hammondt to yforu this efforts in bringing aaboutea float For the City of Stillwater. Councilman Powell moved for the above: Councilman Nolde seconded the motion. • (January 12, 1965-continued) .95 • PETITIONS (out of order) Prrom the following persons requesting vacation of parts of West Olive Street, formerly St. Paul Avenue; West Oak Street, formerly Division Street; and West Strreet: T & L., Inc.) Burt H. Rivard and Jo Alice Rivard; Robert A. Steindorf£ and Camrol J. Steindorff; Brutus E. Westmoreland and Marion A. Westmoreland) Neil J. Estep and Joan L. Estep. Ace*inistrator: The petition is inorder and ready for action by the Council. Orm motion of Councilman Powell, seconded by Councilman Nolde, the Clerk was directed to give notice of hearing in the newspaper; said hearing to be held on Maarch 9, 1965, at 7:30 P. M. CIDTI ADMINISTRATOR'S REPORT Mk. Brower reported the following: Ponliee Department A new filing system has been initiated which will provide complete detailed reeports on all police activities, and a copy of these reports will be filed with tits administrator. A police officer has been assigned to street duty in the business district for a part of each day. This officer will walk through the business establishments arsd it is hoped that this arrangement might have a tendency to discourage shop- liiSting. He will also be expected to assist the public whenever possible. Working hours will be arranged so each patrolmen will have an opportunity to act a® baliff in municipal court; this will provide good training in court procedure. Tine Chief of Police will meet with his^'officers at least twice a month for the puurpose of discussing police department policies. All police officers will attend meetings with the city attorney for the purpose of receiving instructions relating to legal aspects of police duty. A police officer must have at least four years of service in the police depart- emelt before promotion will be considered. Police officers working during the daylight hours must wear full dress uniform whenever working on the public streets or in a public place. AIII police officers will be allowed two coffee breaks a day of fifteen minute duocation, and one half-hour lunch period during a ten hour working day. Erich police officer shall attend a school of instructions offered by the P.B.I. or: the St. Paul Crime Bureau. Thee Chiez of Police will be expected to visit all business establishments, the Chamber of Commerce, and any public meetings when invited to do so; the purpose of these visits is to improve public relations and to receive constructive ct:Lticism which might lead to improved policing of the city. I :an pleased with the progress that our acting chief of police. Mr. Roepke, has ma•:de during the time he has served in this capacity. • • 96 (January 12, 19365-continued) • • Fire t eDartment A aevalia lettier was received on captains in theuFire Department,, which readary 4, 1965, signed by sasaand follows; John "Puarsuant to Laws 1951, c. 146, as amended, the undersigned have boon designated by the employees of the Fire Department of the Ci*.ty as their official representatives to meet. and confer with rant relative to certain grievances in connection with working commditions and compensation. Ina view of the exigencies of the matter, we believe that a meseting should be held as soon as possible and, with this in mind, reeouest that it be set for 7:30 o'clock, P. M., January 5, 1965, atf the city Hall. Unless we hear from you to the contrary, we will be present at thte tine and place aforesaid." I meta with the city attorney on January 5, 1965 in regard to this matter, and at that time it was decided to reply as follows: "Mom your letter it appears that you are requesting an adjustment Milinnesotaa5 atuteseAnnotated,laws 179.51 throughChapter .46, being 179.57 ite municipal agency affected is hereby appointing Philip H. linastwood, City Attorney, as its member of the adjustment panel. I would appreciate your immediately notifying my office as to the name of your representative. It is our intention to comply sttrictly with the Public Employees Labor Relations Act as cited above. In so doing it would naturally follow that this panel, hneretofore unchosen, could not convene at 7:30 o'clock P. M., flowery 5, 1965." The Law provides that the aggrieved party or parties must appoint a person to smartie on this panel; at this time, I do not have notification of such an appoointment. The Eire chief informed me on January 11, 1965, that Mr. Paul Doerr, a member of tine Fire Department, had been taken ill and woad not be able to report to work; for quite some time as surgery is required. In addition to Mr. Doerr's fire department duties, he is also the city mechanic, so I have asked the city engflneet to contact Merlin Miller, who operates a garage in the old prison hea.vyieq, aboutnhavingouldr truck suggest,repair howeverkthat otherthere; vehiclesrepairs need ofother heavy ebeitaikn rape; it be taken to local garages. CityEngineer I mint with all department heads on January 4, 1965, and at that meeting, I infaxrmed the engineer that he will supervise and be responsible for the folllowing persons until further notice: John Shelton - Superintendent of Sewage Works Joel Blekum - Director of Recreational Facilities Frank Hinz - Dmmpmaster Emil Kelm - Caretaker of Pioneer Park Paul Doerr - City Mechanic Howard Hagen - Street Superintendent Charles Thompson - Building Inspector (thie engineer's orders to the foregoing persons were read at this time). • • • (January 12, 1965-continued) • The Ci.ty engineer has reported on costs for telephone line installation and monthlAy service charges for a monitor alarm system at the various sewage lift stations throughout the City. I have no recommendations to make at this time; I woul4 appreciate more time to discuss this matter with the city engineer. As regluested by petition of a property owner affected, I have a report from the engineer showing the estimated cost for construction of a 6" watermain in South Sixth Street. Councilman Powell moved that a resolution be drawn calling for a hearing on the improvement rebruer9. 1965); Councilman Nolde seconded the motion. In the/ past several years we have purchased gasoline for use in all city equipment from the various bulk dealers in the City; our records indicate that there is a variance in price. I would like to suggest that the Council authorize me to advertise for bids on gasoline. It's quite possible that the low bidder might effect a saving to the city during 1965. On mot,tion of Councilman Powell, seconded by Councilman Iverson, the administrator was d:llrected to advertise for bids on gasoline. As reoquested, a report was received from thecity engineer showing the estimated cost oaf an overhead door for that part of the old Peaslee bus garage which the City 'proposed to use for storage purposes. The engineer informs me that there is a problem in this part of the building with sprin.:g water seepage. and that it would be necessary to install sone type of heating unit to keep the temperature above freezing. The estimated cost for a heating unit installed would be about $750. (Peaslee Plumbing estimate). The estimated cost for an overhead door is between $667 and $897. i would like to ask die city engineer if this is feasible. City :Engineer: The one vehicle that should be stored there is the civil defense truck:; there is a possibility that we could store sewer cleaning machines there, and Feasibly the book mobile, but this. of course, all hinges on what you are going,' to do about the fire department and new city garage, if and when this propeerty is vacated. Probably you could put heat in there and store voting machiies. but I don't recommend it because of the dampness. Administrator: Do you think it would be advisable to hold up on this until we at least have some preliminary plans on our new building, and see if we can get storage space in the new building? Councilman Powell: I think it's a good idea to hold up on it. Councilman Nolde: We should make up our minds before Griffen leaves town. I move we leave it up to the city administrator to investigate and report back at some later date. Councilman Peterson seconded the motion. I haws ordered the installation of a chain across the entrance to the city dump and have set the following hours for dumping: Monday - Tuesday - Thursday and 'Friday - 8:00 A. M. to 5:00 P. M.; Wednesday and Saturday - 10:00 A. M. to 7:00 T. M. The dumpmaster will be in attendance during these hours to regulate dumpling. Regulated dumping will cut down the number of times we must hire a bulladozer and driver to clear rubbish from the surface of the dump. It hags come to my attention that many persons residing outside the city are using our Ilimited dump facilities, and the dumpmaster has been instructed to check on this and report same to the city engineer. • • 98 a (January 1:2, 1965-continued) • • Building Inspector .� Tito matter of the Edward A. Hoppe estate has been discussed at several commit meetings in the past, and we are now ready for Council action according to a report I have received from the Building Inspector. Councilman Powell moved that the Hoppe house be demolished; Councilman Noolde seconded the motion. Mayor Charlsen: Can you do anything about the house next to it? (house owned by Harold Pauley) Bounding Inspector: Do you want me to go ahead and condemn that one too amid hold it in abeyance, and then tear them both down at the same time? Mayor Charlsen: Yes. Municipal Court Two years ago, special State legislation was passed setting the municipal judge's salary at $5,500 per year; in addition, the judge receives $500 peer year for conciliation court. This special legislation will expire on July 1, 1965, and the judge's salary will revert back to the previous salary We $3,600 per year. I understand there is a bill being drawn by a committee of three lawyers appointed by the Washington County Bar Association, and if this bill is passed by the legislature, it would create a county -municipal court in Washington County. The present municipal court has county -wide jurisdiction era vas created by an act of the legislature in 1874. (At this time the administrator reported on the activities of the municipal court of Stillwater during the year 1964). Washington County's contribution to the municipal court ie $1,900 per year. I have met with Mr. Lafferty, County Commissioner, along with our city attorney. and have requested that the County contribute $7,500 as their share of the municipal court costs, to apply only in the event that the proposed county municipal court bill fails to become law during the 1965 session of the legis- lanture. If the County should comply with our request and agrees to a $7,500 contribution, I would then like to suggest that consideration be given to special legislation which would fix the judge's salary from and after July 1, 19265. Midscellaneous I have purchased a Falcon automobile at a cost of $595; this vehicle will be used by the Building Inspector and the Assessor, and other department heads whaenever the occasion arises. They have not been compensated for the use of their autos in the past and it is my opinion that this would be the best way to solve this transportation problem. Inn conclusion, since my appointment as City Administrator, I have met with tine department heads on several occasions, and I invited the Mayor to meet wiith all of the employees of the City on December 24th at 10:00 A. M. At that meeting, Mayor Charlsen informed all City employees about the new position of ciity administrator and gave the reasons for the creation of the new position. At: this time, I am happy to report that I have received excellent cooperation from all department heads and employees, and I wish to thank the Mayor and Council members for supporting me in my decisions. I realize that I will nuke mistakes as time goes on, but I sincerely hope that most of my administrative de.,Lisions will meet with your approval. Thank you for your patience. • • • • (January 12, 1965-continued) 99 • plaeAXATIONS OR INDIVIDUALS Judge: McDonough and other members of the Bar Association were to appear before the Coouncil at this time to request that the Council support legislation regaindin, the formation of a County Court. Admirmistrator: Judge McDonough has seen fit not to appear here this evening becasuse there is so much confusion - they do not want to come before the Council until they have the bill ready to read. I might mention that before we adopt a rersolution favoring a county court, it should be checked out thoroughly: the city: attorney has called my attention to several things in the past few days that I was not aware of before. .1 Mr. ILeighton Charlsen: The only reason I came down tonight was, we are starting to krack the dump business around again and we do not have a contract with the City'. It ran out after 90 days. I would like the Council to draw up another conts:ract. My main reason for coming is to find out if you have any changes to make:, or if you want to draw up a contract as it was originally. n. Administrator: I think we should bring Councilman Peterson up to date on this. Mr. eCharlsen: We are proposing a new dump - we plan on a landfill operation and I thrink we will have to come to a point where we will have to agree not to dogs any oeat extent of burning. we will be in Stillwater Township - they will draw up arm ordinance as to how it will be operated, etc. On the original contract the Ceity agreed to pay $4,500 per year to maintain it - we would take care of the dump/Invthe men, etc. Mayore Charlsen: Would you have the same contract with Stillwater Township? Mr. OCharlsen: Yes. Counocilnan Powell: Mr. Gordon would continue his present operation? He would contiinue burning his cars out there? Mayors Charlsen: The Town of Stillwater has told Mr. Gordon that any time the dump was removed he would have to stop burning out Sere. Counceilman Peterson: I had heard this - that he realized this and was looking for smother location. CounsciLman Powell: I would be in favor of no burning at all at the landfill dump - yourproblem would be the disposal of tree trunks, etc. Mr. echarlsen: I would like controlled burning of paper and things... Conno.cilman Nolde: We received a report from the Health Department, and in this repozrt they state they aren't against burning of lumber, trees, etc., but you wooled have to follow the policies of the Minnesota Department of Health as far as burn.dng. Mr. oCharlsen: The way it looks to me, I don't think there will be much burning out (there. People in Fairmeadows tell me they are going to get an injunction as soon . as I start the dump. Admirnistrator: The contract that was drawn sometime ago - I can't see any improivement as far as the city is concerned. This figure of $4,500 per year wouled be the equivalent of present dump expenses. This would eliminate a lot of head:'aches for all of us. Counocilman Peterson: is there any proposed plan of cleaning up the present dump area? Mayors Charlsen: We would have to send a dozer out there to level it off. City Attorney: I haven't seen the contract - is this for a period of ten years? Mayon Charlsen: Yes. • • (1.00 (January 12., 1965-continued) Cityd Attorney: Is there a condition that the City is obligated to pay even thocegh there is not a d.mp facility? Me. Charlsen: If we don't provide a dump we don't get paid. Councilman Iverson: I move we update the original contract through the Cityy Attorney's office. Coumscilman Powell seconded the motion. (All in favor) Maygor Charlsen: Will the new ordinance now go into effect when the new dump is started? Ad®nnistrator: I believe the new ordinance covered the operation in Grant Township. Malyor Charlsen: We should take it upon ourselves to draw up a new ordinance thaat there will be no uncovered hauling. Mr., Charlsen: Whoever is at the dump will be deputized and warnings will be iss;ud; then tickets if they continue to violate. UNRPINISiED BUSINESS Thais was the day and time set to open bids on official advertising for the year. 1965. Thse Administrator read the notice for bids aloud; the Mayor inquired if the e Administrator thmei inotice fors bids was 1publish ddinhthe Stillwater Eveni gethatd the Council was pished, Gazette, official newspaper of the City, on January 7, 1965. Sid No. 1 Stillwater Evening Gazette Stillwater, Minnesota Legal rates to be charged at $1.50 per folio for the first insertion and $.75 per folio for each subsequent insertion. Oss motion of Councilman Powell, seconded by Councilman Nolde, the bid was accepted as read. MEM BUSINESS CCn motion of Councilman Nolde, seconded by Councilman Iverson, the Weed IInspector's Report for the year 1964 was approved and ordered sent to the Stillwater Evening Gazette for publication. Cem motion of Councilman Powell, seconded by Councilman Nolde, annual reports oaf the Stillwater Fire Department for the year 1964 were approved. an motion of Councilman Powell, seconded by Councilman Peterson., the Building _Inspector's report covering activities during the month of December, 1964, was :approved; also the summary of Building Activities for the year 1964. (January 12, 1965-continued) 1.1�.I_ `. • • Administrator; In connection with the Building Inspector's reports, the valuation: has not increased accordingly: this, I believe, soon will be taken care Of aafter the county end city men revalue all the taxable property in the City of satillwater. I have reason to believe that the luation will be increased; we should be able to decrease our mill rate. Building Inspector: The two gentlemen from the County are working on the land value at the present time; they feel they will finish that next week and then we can stint the house to house canvass.. The new plates they will furnish us will not be available until November of 1966 - then they would be used the lst. of May of 1967: we will be working off the old books for the next couple of years-, Administaator: The Building Inspector will be working with the assessor on the. revalluation - we are hoping that some of his inspection work can be done by Mr. waltea Katz at an hourly wage. Building inspector: The county men say they use the cubic foot measure on commercial buildings. Mayor Chsarlsen: Check that with Mr. Kelson - he said all appraising would be done on tthe square foot measure basis. On motions of Councilman Peterson, seconded by Councilman Nolde, the following insurancse policy was approved: Potion- No. 46-013-329, issued by the United Fire & Casualty Company, Cedar Rapids, Iowa, covering sixteen voting machines, in the sum of $23,5:10.00--premium for three year period - $429.00. On motion. of Councilman Powell, seconded by Councilman Peterson, the following were rea2:Fpointed to the Auxiliary Police Force for the year 1965: Arthur Andrews John Berg Richard Cartony James Doroff James Eder Ted Gillen Herbert Greene Lawrence Harvieux Ronald Johnson Edward Kaeder David Knefelkamp James Larson Donald Meyer Thomas Montpetit Harry Sable Floyd Schwelm Harold Stiles David Thomas George Warner Gerald zolldan On motion of Councilman Powell, seconded by Councilman Iverson, the following were reaappointed to the Auxiliary Fire Department for the year 1965: Etsfern Andrews Kenneth Andrews Kelvin Blodgett William Clemmings David Chial Richard Colemier Edward Conlon Jack Doerr Louis Garavalia, Jr. Philipp Gerlach Charles Glaser Paul Glaser Michael Glass Arnold Haas, Jr. Jerome Klawitter Dale Krongard Charles Kruse David Linner John MacDonald Richard Muller William Murray Bernard Peltier James Placzek Richard Powers John Sherin Vincent Turnblad • • /L02 (January 1:1, L965-continued) • The City Engineer reported on a meeting he attended of the Citizens Workshop - Sch000l District 4834. He stated that the school district would call for a vote on a bond issue in February of this year and there was no doubt that, shon..Ld it be approved, there would be an increase in the mill rate. OkD:orHAMCES On :motion. of Councilman Powell, seconded by Councilman Peterson, the Clerk medde the second reading of, "An Ordinance Amending an Ordinance Authorizing the: Installation of Parking Meters to Regulate Traffic", followed by roll call aftor each Section; the Mayor then put . the question, "Shall this ordinance pass?", followed by roll call. whereupon the ordinance was unanimously adopted. RESOLUTIONS The. following resolutions were, on roll call, unanimously adopted: 1. Directing the Payment of Hills. 2. Amending Resolution No. 2613, Designating Depositories of Public Funds, Adolpted by the Council March 10, 1964. 3. Ordering Hearing on Watermain Improvement and Preparation of Plans and Specifications (south sixth street). ADJOOURHMEHT On emotion of Councilman Iverson, seconded by Councilman Peterson, the meeting adjourned at 11:30 P. M. Atteest: City Clerk Mayor • • e Couuncil Chamber Stiillwater, Minnesota February 9. 1965 7,30 P. M. Reg3ular Meeting The meeting was called to order by President Charlsen. Opening prayer by the City Clerk. Present: Councilmen Nolde, Peterson, Powell and President Charlsen. Absent: Councilman Iverson. APP9LICATIONS On notion of Councilman Nolde, seconded by Councilman Powell, an Off Sale 3.2 Besse License was granted to Jack Hooley, 405 E. Myrtle Street, for the year 19685. From Ralph B. Otte, 517 N. Wens Street, for On a Off Sale 3.2 Beer Licenses. (fi:.rst reading - carried over to next Regular Meeting due to location in a resaidential area). Fronk C. R. Felix, 413 S. Greeley Street, for Off Sale 3.2 Beer License. (fizrst reading - carried over to next Regular Meeting due to location in a resit4ential area). Fromm E. James Meister, 901 South Fourth Street, for On 6 Off Sale 3.2 Beer Licenses. (first reading - carried over to next Regular Meeting due to location in a residential area). On motion of Councilman Powell. seconded by Councilman Nolde, a Cigarette License was granted to Harold Chatterton, 204 North Main Street, for the year 1965. On :notion of Councilman Nolde, seconded by Councilman Peterson, a Cigarette License was granted to John Houston, 402 South Main Street, for the year, 1965. On motion of Councilman Nolde, seconded by Councilman Powell, a Cigarette License was granted to Carolee Stewart, 304 North Main Street, for the year 1965. On emotion of Councilman Powell, seconded by Councilman Holds, a Soft Drink License was granted to Harold Chatterton, 204 North Main Street, for the year 19658. On emotion of Councilman Nolde, seconded by Councilman Peterson, a Soft Drink License was granted to Chilakoot Bow Hunters, 223 South Main Street, for the year. 1965. J4 (February 9a, 1965-continued) • • On notion of councilman Powell, seconded by Councilman Nolds, six courte-y Bench Permits were granted to the U. S. Bench Corporation, Minneapolis, Minnesota, for the year 1965. ($5.00 each). Frown Russell C. Kedrowski, 226 South Main Street, for Off Sale Liquor License. (fo:.rmerly in name of Gail wayrynen). Administrator: The personal property taxes have not been paid and the appoLication has not been checked by the acting chief of police. Raynor Charlsens I would rather not approve it myself; it's up to the Council. Couanilman Nolde: I move the Chief of Police investigate this man. Maimor Charlsn: Try and have a report by Thursday night if possible. COMMUNICATIONS From the State of Minnesota Department of Highways - notice of annual apportionment - Municipal -State Aid Street Fund for the year 1965: Maintenance: $10,980.00 Construction: 47,912.00 Total Allotment: 658,892.00 Off:`Lcial determination of the State Board of Health regarding the air pollution aspects of the proposed steam -electric plant at Oak Park Heights. Copjr of a letter from Robert Hagen, Chairman, Planning & Zoning Commission in reg trd to annexation of one-half of Lot 12 and all of Lot 13 in Webster's Thi:.rd Addition. (proposed apartment house units). Mr.. Hagen stated that the Commission felt it would not recommend annexation of this land unless the entire area was submitted for annexation, and also that thee Commission needed more information on the entire project before it could make an intelligent recommendation to the Council. Copo of a letter from Ronald Ehlinger to Sidney A. Frellsen, Director Div.•Lsion of Waters, Department of Conservation, State of Minnesota, in regard to 1NcKusick Lake Dam. The engineer stated that the project could not be con.ueluded without a considerable sum of money being spent, which is not ava:Liable at this time. May.o.r Charlsen$ Does that men there won't be any more work on the dam? Administrator: Not necessarily - Mr. Ehlinger is asking for recommendations from the Department; at least we will get some idea of what they feel can be don..e out there. City Engineer: I think we should have a little assistance from them. • (February 9, 1965-continued) 1.05 • • From the Stillwater Armory Board requesting annual appropriation of $250.00. (See Resolution). From.11rs. Edward Cbatterton, 319 E. Burlington requesting reduction in sewer rental charge due to leaky bathroom fixture. On men tion of Councilman Nolde, was .granted ($7.80) seconded by Councilman Peterson, the reduction From :Lee Anderson requesting reduction in sewer rental charge for apartment at 2.43 South Main Street. The •Council decided to take no action on this request as a reduction had already been . granted in December, 1964; they felt another reduction at this time was not _justified. From -Lena Kress, 1015 South Everett Street, requesting reduction in sewer rental chargge. On mention of councilman Powell, reduced to $5.00. PETITIIONS None seconded by Councilman Nolde, the rate was DELECIONTIONS OR INDIVIDUALS Mr. aiehn L. Jewell appeared before the Council regarding the matter of annexation of certain property (referred to earlier in a letter from the Planrming & Zoning Commission). Mr. .i4evell stated that more was involved than annexation; when and if the property comes into the City it would have to be rezoned residential; it is now mooned multiple dwelling in Oak Park Township. Also, it would involve sewers installation, etc. Councilman Nolde: The Administrator just read a letter from the Planning 8 Zoning Commission which stated they weren't in favor of this project. Councilman reterson: They weren't in favor of annexing just this small area. Mayors Charlsen: I would like to recommend that you get in touch with Mr. Hagen of tide Planning a Zoning commission and present this to them. We can have a specllial meeting and discuss this again. I am in favor of it myself. Councilman Peterson: I would like to see it done. Councilman Powell: As far as i am concerned. I am more or less on the fence: I woumld like to see some nice apartments go in, but I have seen some block apartments in the cities and after a few years, they don't look so nice anymore. If evveryone else was in favor of it, I wouldn't vote against it. councilman Nolde: I am in favor of it. • (February 9., L965-continued) • 106 e' Mayor. Charism: Take this up with the Building Inspector and have him call a special meeting of the Planning & Zoning Commission - when they come back with a report, we can have a special meeting. CIT?'AOPIINISTRATOR' S REPORT Mr. ?Brower reported the following: citv9 Engineer The City Engineer has requested that a new sewage gas meter be purchased for the "disposal plant. The present meter is in need of repair, at a cost of abortt $475.00; a new American Meter, Model 80B, which will provide sub- startntially the same readings and information, can be purchased for $360.00. I would like to recommend that the Council authorize this purchase. Councilman Nolde moved that a new meter be purchased for the sewage disposal plant; Councilman Peterson seconded the motion. A reequest was received for additional or changing of signs at South Fifth and Willard Streets; the matter was referred to the Chief of Police and the Cityy Engineer for report. These gentlemen reported that they can see no reasson Eor changing or adding signs at this time. A careful study was made of •the matter, and I would suggest that no change be made at this time. Mayer Charlsen: Only one person complained of this - he had three accidents theme in one week. If you drive with any brainpower at all there is no reau on for having an accident there. (No • otion was taken on this item) Somme tine ago the Council authorized the purchase of new lights and blinker twice controls for the Everett Street Bridge. These units were delivered On January 28th. I would like to suggest that I be authorized to retain an eleectrical contractor to install these units as soon as possible. Councilman Nolde moved for the above; Councilman Powell seconded the motion. At the January 12th meeting of the Council the Mayor inquired as to the coasts incurred by the flooding of the Lily Lake Lift Station; the City Enaiineer has reported to me as follows: Overtime pay - Arnold Haas $ 10.80 Linner Electric Company (remove panel & motors) 39.35 Linner Electric Co. 36.63 (install panel & motors) Boustead Electric Co. 135.35 (repair motors) Batzli Electric Co. 58.02 (repair panel) $280.15 Thais cost does not reflect the cost to the superintendent of sewage works or throe engineer. e 1.0 7 • • At tttds time, I would like to recommend the installation of a control alarm panel] for monitoring high wet well levels. The reason for the recommendation is beamed on information I have from the Engineer. He informs me that flooding of ttte Large stations could lead to considerable damage and result in expenditures that would exceed the cost of the installation of the monitoring system. The estimated cost to make this installation is about $2,118.00, plus cost of telephone line and monthly service charges of $27.00 On motion of Councilman Nolde, seconded by Councilman Powell, the Engineer was iimstructed to draw up specifications and advertise for bide on an alarm system/for the lift stations. (bids to be returnable on March 9, 1965). The ocity Engineer informs me that Dr. Kiolbasa plans to construct a home on Lot 11, North Lily Lots. His property fronts on West Willard Street between South Owens and South Center Streets, lying between property owned by Richard Nelsoon and Karl Plain. The design of West Willard Street, when it was surfaced, cause's the storm water run-off to flow over and across his property as well as Karl plain's. It is my ;nderstanding that this is the responsibility of the City - to dispose of this storm water. It would be necessary to acquire an easement and construct an underground drain with catch basin installed at the streeat. I would suggest that the City Engineer figure an estimated cost of the projeect and we will present it at a future meeting. Mrs. Henry VanMeier, member of the Library Board, called me and inquired if the City Council would object if they used the portion of the old Peaslee bus garage left standing to house the County bookmobile. City Attorney: If the Administrator wrote to them and stated that they would have to park in there at their own risk, there shouldn't bo any question on it. Administrator: We will follow the City Attorney's instructions. I havve received a report from the Engineer listing the streets that are in need of meting and sealcoating this year; only streets that can be saved are included on thake list. I would like to suggest that the Council hold a hearing on this matteer,•and I would also like to suggest that the City's share of the project be increased from the 25% used in the past. I believe this is necessary to encouurage the public to go along with future street projects. I hope our five year street program can commence during the year 1966; the City Engieneer is now working on the plans in connection with that plan. Mayon Charisen: Would it be possible to have the number of property owners living on each of those streets, so that when we have the public hearings we will know the percentage of people in attendance. On mootion of Councilman Nolde, seconded by Councilman Peterson, the Clerk was directed to give notice of hearing on the street improvement program (Local Improoveement No. 42-1964); hearing to be held on March 16, 1965, at 7:30 P. M. The C;'Lty Engineer suggests that the Council consider the possibility of extending the rebuilding of Myrtle Street this year. The City has accumulated $95,720 in the M+inicipal-State Aid Fund. The Engineer also suggests that Banister Engineering Company be retained to do the surveying, staking off, etc.: he feels that most of the mutual inspection can be done with men in his office. • (February 9, 11965-continued) • • Counc:ilman Nolde: If you hired more help in your office, could we do this Withouat Banister? City :Cngineer: Yes: last Fall I asked you if you wanted to do more of Myrtt..r Street. With this five year program that we are contemplating there, will have to be considerable help to do this work if you want to start: it in 1966. Coune:Laman Noldes One of the big criticisms from citizens in our town was that -we hired a consulting engineer; they felt we should do it ourselves. I am just wondering if we could have saved some money. AdminLstrator: Councilman Nolde, I believe that if we would have had some idea that we would have this $95,000 this year the survey could have been made Last year. But, I am sure it world be necessary to hire several men to do thaks surveying. I am wondering if we would save much money, or if it would) be just as cheap to engage consulting engineers. Councilman Holder How long would it take to lay out the Myrtle Street job? City Engineer: About two months. Administrator: In the future we feel that by giving the engineer ample time it Mill not be necessary to hire consulting engineers, but it would be quite unfaiir to ask the engineering department to lay out the street this year. In thus future our engineering department will do all the street work. If you trhink we can get by for another year, then perhaps with some assistance, the c:Lty engineer can lay it out. Engineer: My personal opinion is, I would rather have sufficient crew to do the work ourselves - all of it. Admin.sLstrator: Give this some thought. May I suggest that you think this over .and we will discuss this again on Thursday evening? I wound like to suggest that the Council direct the Clerk to advertise for bids .on the following equipment. 1. Compactor 2. Bituminous Kettle 3. Portable Compressor This equipment could then be utilized as soon as the street employees can begin. patching streets this spring. The engineer feels this equipment is necessary to do effective patching. Counc.:Llman Powell moved that the Clerk advertise for bids on the above equipment; bide to be returnable on March 9, 1965. at 4:30 P. M.: Councilman Noldes seconded the motion. The matter of retaining and repairing the old Peaslee bus garage was again discussed with the City Engineer. We have agreed that our final decision on this :natter is dependent on the proposed construction of a new fire station and street garage. We feel that the cost of repair and maintenance of the old building, including heat, will probably exceed the cost of constructing stall:.s equivalent in square feet to the old building. Due to the fact that the poostal authorities have not accepted the option granted to them covering the paresent city hall property, it is rather difficult to reach an intelligent decision regarding this old building. Mayor Charlsens The only reason I mentioned it for was dead storage use. • • (February 9, 1965-continued) 109 • Councilman Nolde: I move that we tear it down. Councilman Powell seconded the motion. (all in favor). Hui/Ming Inspector On emotion of Councilman Powell, seconded by Councilman Nolde, Charles Thompson, buillding inspector, was authorized to attend the first Midwest Auto Salvage Continence, to be held in Minneapolis on March 25, 1965. The Administrator reported that the conference will deal with the local and not/Zonal problem created by the abandonment of old or unuseable automobiles. The Building Inspector informs me that all necessary legal steps have been takeem to comply with Ordinance No. 336 in connection with the Edward Hoppe estate and also the building owned by Harold Pauley. Mr. Lawrence Rumpf will demolish these buildings at a cost of $175.00. Councilman Nolde moved that this action be approved; Councilman Powell seconded the motion. Cityd Engineer: The Building Inspector informs me that contracts are drawn and apprroved by the attorney; Mr. Rumpf is supposed to come in tomorrow and sign then. Poliice Department I would like to suggest that the Council direct the Clerk to advertise for bids on as new police car; the present car has about 80,000 miles on it. On motion of Councilman Peterson, seconded by Councilman Powell, the Clerk was directed to advertise for bids on a new police car; bids to be returnable on March 9, 1965, at 4:30 P. M. Mr. Mayor, at this time 1 would like to make a recommendation affecting the Poliice Department, which is under your direct jurisdiction. After careful con- sideration, especially relating to experience, qualifications, character, leadership. etc„. it is a pleasure to recommend the appointment of acting Chief of Police Alfrred Roepke to the position of Chief of Police, effective February 1, 1965. I hope this recommendation meets with your approval; if so I hope the Council will conffirm the appointment. Mayor Charlse: It is my pleasure to name the acting chief, Alfred Roepke, as Chief of Police of the City of Stillwater. The Mayor's appointment was unanimously confirmed; the Clerk administered the Oaths of Office to Mr. Roepke. Mr. Roepke: I would like to express my thanks to you. gentlemen; I hope I can do the job so that a year from now I will still have your confidence. • e '1 1 0 (February 99, 1965-continued) • • • The abief of Police has requested that the rank of Assistant Chief of Police be chtanged to Investigator, and that Sergeant Gedatus be promoted to the posithion of Investigator effective February 1, 1965. The Chief informs me that Sergeant Gedatus is well qualified for this new position. I do not have any recommendations on this appointment whatsoever at this time. Councilman Nolde: I always felt that to make an investigator, sometimes it's better to take a young man - he has the ability to learn so much faster; this; is just how I think. ChieeE Roepke: There is nothing that beats experience in this type of business. Admiatstrator: May I suggest that this matter be tabled until a later date; I wooald like to discuss this with the Chief. Chief Roepke has suggested that the Council consider amending the ordinance on Harking violations as it affects the penalty. He suggests that a $1.00 penalty be imposed if the fine is not paid within seventy-two hours after issuance of the citation. The reason for the request is to encourage the violDator to pay promptly and this would eliminate considerable book work in his office. Counncilmen Powell: Let's give it a little thought and we will bring it up agaiin on Thursday evening. Fire Department At a recent department head meeting, the matter of discontinuing the fire alarm system in the City was discussed. The Fire Chief explained that only a semall percentage of the actual fire calls are received through the alarm systrem, and the lines and boxes are in bad condition. The Chief wrote to the Fire Underwriters Inspection Bureau in regard to this matter. I have no recommendations at this time, but will keep you informed in regard to Mthe matter. MiseceLlaneous Blu..e Cross premiums have been established for the contract year, April 1, 196es to April 1, 1966, and I am pleased to report that the premiums for our gro.'ap again show a decrease. The reductions are due to group experience and.l, in addition to the reduction, we have a monthly credit on single coverage of :$2.25, and on family coverage of $5.60 for each member of the group; this cre•ait is held for emergencies. The, Department Heads and myself, along with the architect, Mr. Racchini, tra•creled to White Bear, St. Louis Park, Bloomington and Golden Valley, and in .each instance a conducted tour of the City Hall was made. The trip was wel.L worth the time spent. Shortly after the tour, a meeting was set up with Mr. Racchini and the Department Heads; the purpose of this meeting was to eva:.luate the building program and make revisions as required. Mr. Racchini that submitted a report and is now drawing preliminary plans. He will meet withh the department heads and after this meeting the plans will be submitted to ♦the Council for consideration. The• federal government has not yet accepted the option given some time ago; the, deadline is March 11, 1965. • • • (February 9, 1965-continued) • Mayon Charlsen: Last week Mr. Sauvageau talked with Mr. Knapp; Mr. Knapp said they are going ahead with their plane and there is every indication that the optioon will be picked up. To coomply with the wishes of the Council, the City Attorney has been released from;anst of his city duties and was directed to work with the attorney for Oak IPark Heights in connection with the forthcoming hearings and other matters relat:t ing to the proposed Northern States Power Company generating plant in Oak Park: Heights. Mayon Charlsen called me last Friday and requested that I meet with him and a Mr. Ilnutson who owns land in the Brown's Creek area; Mr. Knutson informed us that lie plans to leave the area and has a buyer for his property, but he felt that the City should have an opportunity to acquire this land for future park purpooses. At this meeting, the Mayor asked the administrator to look into this matter. I have contacted Mr. Chester Wilson, and Mr. Wilson stated that he would be happy to work with me in regard to this matter. He suggested that the City Engineer prepaere a plat showing the ownership, the property involved, and also determine how mooch of this property is in the city limits. I have asked the Engineer to pre- pare such a plat. (The City Engineer presented said plat to the Council at this time) Mr. Ia&nutson wants $35,000 for the land and the house, but Mr. Wilson said we do not treed the house. He also said he had heard that Fred Anderson might buy the property and turn it over to the City for park purposes. I would like to suggest that I work with Mr. wilson on this; we will keep you informed at all times. Mayon Charlsen: Is he going to talk to Mr. Amundson, too? Admimistrator: Yes; Mr. Wilson said he would be willing to work on this entire project for the City. Does this meet with your approval, Mayor? Mayor. Charlsen: Absolutely. The contract between the City and Leighton Charlsen relative to the landfill dump was cemented on January 22, 1965; I have nothing further to report on that. Due tam the fact that the city attorney has had a busy schedule working on the propoosed N. S. P. plant, we do not have a report on Northern Pacific Railway lease, negotiations at this time, but we will get at it and keep you informed. At a :recent Council meeting it was requested that we contact the County Assessor and ir.aquire whether or not the commercial property in town is being assessed on the c:!abic foot basis. I did contact the assessor and he informed me that commearcial property will be assessed on the cubic foot basis; residential property on thee square foot basis. The reason for this method is because it is difficult to meaasere large buildings for square footage; this method is used throughout the State on commercial buildings, I understand. • r Councilman Powell: You have to have the square foot before you can get the cubiiic foot anyway: Admidnistrator: They have the cubic foot figures already from the last re- valumetion. Maymr Charlsen: I have been told by two or three employees of Ringer -St. Crotc that Mr. Ringer has made the statement that he could not get along, with the city fathers. I don't feel the city officials should be penalizedfor something we haven't anything to do with in the first place. Adedbmistrator: I did contact Mr. Lay, of the Chamber of Commerce, as to wheedler or not the City Council should write to Mr. Ringer and invite him to a cmwncil meeting and see just what his grievences are, but Mr. Lay and Mr. Rosen said not to do this; they said that everything under the sun has been done by the Chamber of Commerce and the Development Corporation to get them to =stain their business in Stillwater. They even offered to construct a bui3Rdinq for them at a reasonable rental fee. This is not the reason for Ringper leaving - they are moving out of town to an outlying area where labor cosh: are lower. Councilman Rolde: I think there should be some way of letting our people knoww t!`at Walter Ringer left of his own accord. At as recent Council meeting I was requested to report on procedure necessary to change the name of a street. We have a petition to change Borup Street to "Pins: Tree Trail"; I have checked this and find that the name of a street can be changed by a resolution adopted by the council. (See Resolution). Counaeilman Molds: The road that leads to the Lily Lake Bathing Beach has no name:, There is a gentleman in Stillwater who served on the Recreation CommaLssion and served on the City Council for many years; he has done a lot for the Itecreation in Stillwater, and I would like to suggest that we name that strecet "Bourdaghs Avenue". (after Clarence "Shorty" Bourdaghs). Aftenr discussion, Councilman Powell suggested that this matter be tabled and refearred to again at a future meeting. I wowuld like to report on recent investments of Sinking Fund money and Sewer Revernue money. I have requested and received additional collateral from the loca:1 banks and have made the following local investments; heretofore, all invesetments were made in U. 5. Bonds and Bills. $ 442,000 - 1959 Sewer Improvement Fund/ 2-1-65 - 10-15-65 4% $ 15„800 - 1961 Water and Sewer/ 2-1-65 - 10-15-65 4% $ 52.1700 - Parking Facility Bond Fund/ 2-1-65 - 11-16-65 4% $ 740600 - 1963 Improvement Fund/ 2-1-65 - 12-17-65 4% $100.,000 - Sewer Revenue Fund/ 2-1-65 - 8-1-65 4% $ 10600 - 1963 Improvement Fund/ 2-1-65 - 6-16-65 3.80% $ 1.,000 - 1962 Street Improvement Fund/ 2-1-65 - 2-15-65 3.80% $ 3,.,300 - Parking Facility Bond/ 2-1-65 - 5-17-65 3.80% $ 37,.000 - 1959 Sewer Improvement/ 2-1-65 - 4-16-65 3.75% $ 2,.200 - 1961 water & Sewer/ 2-1-65 - 4-16-65 3.75% a (February y, L'ca CQfClfUCU; J_13'; Admin,Lstcator: Gentlemen, in closing I can report that cooperation between the Mkyor, Council members, appointed city officials and employees has been excel_Lent: we have had very few complaints from the citizens at large. Thank you nor your patience. UNPUNISHED BUSINESS This was the day and time set for hearing on Proposed Assessment, Local Improovement No. 47 (Construction of Sanitary Sewer and Watermain in South Boruyp Street from west Pine Street to South City Limits as it intersects South Borujp Street). The eClerk 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 l searing was published in the Stillwater Evening Gazette, official newspaper of tIae City, on January 20, 1965 and January 27, 1965. and a copy of same was mailed to all known property owners affected. The Mayor then opened the hearing. Mr. Emerson Lewer 14188 W. Pine Street It wean gratifying to know that the actual cost was substantially less than esti:imated - it is good news to us. Mr. John Herschleb 803 Borup Street We were quite satisfied with the whole job and have no objections to the assess- ments. After all interested parties were given an opportunity to be heard, the Mayor therm closed the hearing. (See Resolution). Thies was the day and time set for hearing on proposed improvement (Installation of me cast iron watermain in South Sixth Street from 161 feet north of the center liner of Mareh Street to connect to existing watermain in Hancock Street). The' Clerk read the notice for hearing aloud; the Mayor inquired if the notice far -hearing was published, and the Clerk informed the Council that the notice for heating was published in the Stillwater Evening Gazette. official newspaper of the toe City, on January property2owners5and affect d. Tey 7MayorSthen opened of same was the mailed the hearing. No !one appeared for or against the proposed improvement; the Mayor then closed thee hearing. (See Resolution). NM BUSINESS On motion of councilman Powell, seconded by Councilman Peterson, the Building Insapector's Report covering activities during the month of January, 1965, was approved. 114 e On motion of Councilman Nolde, seconded by Councilman Peterson, a report on Muniicipal and Conciliation Court activities during the year 1964 was approved. On notion of Councilman Nolde, seconded by Councilman Peterson, the annual report of the Stillwater Public Library for 1964 was approved. On motion of Councilman Peterson, seconded by Councilman Nolde, the Engineering Report Eor the year 1964 was approved. On motion of Councilman Nolde, seconded by Councilman Peterson, the Council apprroved the following: O. S. Treasury Notes, posted as collateral by the Cosmopolitan State Bank to secure City deposits. *13537 @ $100,000; dated L1-15-64, due 5-15-66; interest - 4%. On motion of Councilman Nolde, seconded by Councilman Peterson, the Council appaoved the following: V. S. Treasury Bonds of 1973, posted as collateral by the First National Bank of Stillwater to secure City deposits. $100.000; dated 7-22-64; due 11-15-73; interest - 4-1/8%. On motion of Councilman Nolde, seconded by Councilman Powell, the following insurance policies were approved: No. Ac 50 49, Empire Fire and Marine Insurance Company, Omaha, Nebraska, covering David Olson and Norman Webb, d/b/a Carlson Taxi Company. No. AC 50 49 15, Empire Fire and Marine Insurance Company, Omaha, Nebraska, covering Victor F. Prescott, d/b/a Stillwater Taxi Company. Adeudoistrator: These policies are copies of the originals - the City Attorney te1:Ls me that the copies are sufficient until we receive the originals for our Tildes. On :notion of Councilman Powell, seconded by Councilman Peterson, the following collLateral, pledged by the Cosmopolitan State Bank to secure City deposits, was: released: $5,000 Chisago County, Minnesota, Consolidated School District 1.40% School Building Bonds of 1946, *119/23 @ 1M each, 2/1/65. No. 1, due Couuacilman Nolde: In the past, in Bergen's Addition, when the city installed fire hydrants, did the city pay for them? e • (February 7, aw+ w..- ..m.. . i5 Cityy Engineer: Not to my knowledge; I have never been able to find out who autiborizes it. Councilman Nolde: A hydrant is being installed there - the citizens are going to 'pay for it, is that richt? Cit:r Engineer: That has been the procedure. Councilman Nolde: We should set a procedure who is going to pay for hydrants. Admministrator:. I would think that in new developments, the developer should payy for the hydrants. I am sure that the hydrants the City paid for are the replacements that were ordered. Citiy Engineer: The Board of Water Commissioners was told that the City was goiing to pay for them. Covnncilman Powell: In Bergen's new addition (Lakeview Terrace) how come the houuses are so close together? Isn't that against the city ordinance? Administrator: Bergen's plat has not been approved by the Council as yet. Nr. Berrgen was asked to post a bond and he felt highly insulted when I asked him to do.•. this. He said he didn't feel he should have to post a bond. I am not aware of .;:what he is doing out there now. Couuncilman Powell: I think that something should be done about that. Citty Engineer: I am sure the Buildtag Inspector would not have approved the buoildings if they were not inspected. Administrator: If the houses are built before the plat is approved, this puts thug Council in a peculiar position. Counncilman Powell: The very fact that he started even one house proves that he do"esn•t give a damn about that annexation; can you issue some kind of order? Thin Administrator was directed to check on this matter and report on February 11, 19465. Councilman Powell read the subdivision ordinance regarding septic tanks - so moony feet of land for each septic tank, etc. We would have to check the size of the lots to see if this applies Why doesn't the Engineer check this and report back on Thursday. Why wasn't this gone into when he was up here before? Cidty Engineer: tm Bergen. Ciity Attorney: Mayor Charlsen: OBLDINANCES Nakne • • (February yu, 1965-continued) 116 RESOALUTIONS The, following resolutions were, or, roll call, unanimously adopted: 1. Directing the Payment of Bills 2. Adopting Assessment, Locai Improvement No. 47. 3. Ordering Watermain Improvement, Approving Plans and Specifications and Directing Clerk to Advertise for Bids. (South Sixth Street) 4. Appropriating Funds to Stillwater Armory Board. 5. Confirming Appointment of Chief of Police. 6. Changing Name of Street (Borup Street to Pine Tree Trail). 7. Ordering Hearing on Improvement, Approving Plans and Specifications and Directing Clerk to Advertise for Bids. (Local Improvement No. 42) ADJOURNMENT On motion of Councilman Nolde, seconded by Councilman Powell, the meeting adjourned to Thursday, February 11, 1965, at 7:00 P. M. This meeting closed at 112:09 A. M. City Clerk "14044.- Mayor a e 117' • :Council Chamber :Stillwater, Minnesota February 11, 1965 8:00 P. M. (Regular Adjourned Meeting 'The meeting was called to order by President Charlsen. (Present: Councilmen Iverson, Nolde, Peterson, Powell and President Charlsen. 'Absent: None I#lso present: Winston Sandeen, John Norton, Lyle Rehberg, Robert Kelly and Bhilip Eastwood. Mayor Charlsen: The reason for this meeting, among other things, is to discuss ;with members of the Washington County Bar Association the proposed legislation on a county -municipal court. Mk-. Winston Sandeen: Briefly, the county -municipal court would be quite coenparable to your own municipal court, except it would be a county court; the jrurisdiction has been increased to $4,000 (instead of 51,000). Jurors would be seelected county -wide and expenses would be shared county -wide. Other than that, tltere are not too many changes. Tile Bar Association is behind it because it appears to be the coming thing; it ie just keeping abreast of the times. I would like to see the court house remain in the -City of Stillwater. Under this bill, all jury trials would be heard in time City of Stillwater; the court would have hearings in other parts of the county wilthout jurys. Mrt. Sandeen then Asssociation, and leeglelation. Mr•. Sandeen: If municipal court; Ma::yor Charlsen: explained the amendments to the bill, as made by the Bar a lengthy discussion was held on several aspects of the proposed the County Board wants to, they could go ahead with this county - they do not have to have consent of the Stillwater City Council. We have a taxpaying public to consider. Mr Sandeen: The final analysis on this bill is with the County Commissioners; they cau go ahead with it if they want to. Councilman Powell: If we don't approve it, it might be difficult to get it through the legislature. We have some reservations. Maybe I am old fashioned, butt when you have a battery of attorneys looking at you, you'd better hold onto your pocketbook and hitch up your pants; Mr-. Robert Kelly: I don't think a county -municipal court means that much difference fimencially to the lawyers here in Stillwater. Commeilmen Powell: After discussion, my mind is changed somewhat; not being an attorney, I didn't know what the problem was. John Norton: People get their impression of the administration of justice from thee lower courts; I believe that lawyers, when they are operating in the bar ass,:ociation, are after the interest of the community as a whole. You can't may onee bad thing about that bill, and I can't see why you people here in Stillwater wou_ldn•t get up and cheer for it, because it's going to relieve your financial burn en. Instead of paying more than your share for the cost of this court. I thinit that the City of Stillwater will net out more of this system than you will out of the present system. Counncilman Noldez When the judge travels around the county, does he have to have a cllesk and a court reporter with him? • • 118 • • Mr. Sckberg: The magistrates will act as clerks; the court reporter will travvel with the judge. Councilman Iverson: Does the Bar Association as a whole feel that the passage of this bill will strengthen the position of the court house in the City of Stillwater? Mr. Eckberg: Definitely. Mr. Eastwood: It will very strongly strengthen it. Admiinistrator: If the City of Stillwater has any amendments, would your gromp take a look at them? Mr. Eckberg: We would be glad to come back and work this thing out. Mr. Sandeen: If legislation is passed, it would be at least twoor three yeasts before the court house would have facilities. There is discussion of ;possibly building an annex onto the present court house, but that wouldn't be ready for some time. At this time the representatives of the Bar Association left the Council Chamber. Mayor Charlsen: I would like to mace a recommendation on this; if you are entertaining any thought of going for this at all, in this bill it shouldbe spellled cut that the county -municipal court is to be located in the Stillwater Cityyy Ball for ,x' number of years, and the County will pay so much rent per yearn. I think the bill should also read that the present municipal court clerk should remain as he has in the past. Councilman Wilde: I think we should let the people of Washington County decilde who their municipal judge is going to be; not just the people of Stilllwater. I don't know how a senator could introduce this bill because whoever is presenting it to the legislature will never be elected again.. Admiinistrator: Another thing, the county court bill is not going to keep the court house in Stillwater, as was stated earlier. Mr. Eastwood: I think the County Commissioners would be very happy to have a court in a city building. Councilman Powell: Would it not be possible to present this plan to the Washsington County Bar Association? Mr. Eastwood: The Bar Asaociation is not interested in politics; they are interested in the administration of justice only. Courrcilnan Nolde: There are a lot of things we Mould go over on this bill. We should go over it piece by piece. Admilnistrator s Can you see any objections to having the location of the court as part of the bill? Mr. Eastwood: Yes; it definitely weakens the position as far as the five millle bill is concerned. Councilman Powell: If we had a contract with the County it would be justas bindding. Admulmistrator: Before the resolution favoring the bill is passed by the Council, a contract should be drawn and signed. Mayoor Charlsen: Councilman Peterson, if we could get a contract with the County for ten years, would you be in favor of it? Counaeilman Peterson: If the Clerk would remain, fine. • • • (February 11, 1965 continued) 119 q 9 • • C•:ouncilman Iverson: I rim go along. Couuncilman Nolde: No. Couuncilman Powell: I am in favor. IL PINISHED BUSINESS Me requested on February 9, 1965, Chief of Police Roepke investigated the boackground of Russell Kedrowski, an applicant for an Off Sale Liquor License. ?Administrator: Apparently the man has no criminal record of any kind; his uncle is backing him. The Chief says that in his opinion the applicant is o.k. However, the personal property taxes have not yet been paid on the property. Se. Eastwood: That is between the seller an'' the purchaser. On motion of Councilman Powell, seconded by Councilman Peterson, the application waves tabled until all qualifications are met. Councilmen Nolde was opposed. Councilman Powell then amended his motion to read that the license be approved ®object to the payment of personal property taxes; Councilman Peterson seconded ;themotion. (All in favor). Administrator: The other evening at the meeting we liscussed the Myrtle Street necenstruction. It was not decided if we should wait a year so the Engineer could do the survey work, or if we should hire a consulting engineer and do the work this year. Councilman Nolde: The reason I brought that up is, last year we had no street pgcgram whatsoever, and actually at teat time our Engineers office had plenty of ;tine to engineer the Myrtle Street job: we could have saved eight or ten thousand &oilers by doing that. Administrator: I have reason to believe that could have been done, yes. Councilman Iverson: I think we should go ahead on the project now. Administrator: There is $95,000 available to work with (State -aid funds). The property owners were assessed $7.00 per foot before; would you charge that this films? I eyor Charlsen explained at this time that an assessment would be a hardship on a everal people living on Myrtle Street. - Councilman Peterson: Go as far as we can. Mayor Charlsen: $95,000 will only take us a block and a half. ?Administrator: This is one of the reasons why I feel it is almost an impossibility oaf putting a five year street program in on our present assessment basis; there sire too many people who can't afford it. o¢ouncilman Nolde: All the people we are creating a hardship on are going to be aagainst i.. Councilman Iverson: You can still do it even though they are against it. Councilman Peterson: You will have the same situation wherever you go. • 1GU Councilman Powell: Would it be possible to ask the engineer to give us a ;preliminary cost according to specifications of the State highway department? then we could more or less tell what we are going to do. We want an estimate on the cost per foot from the top of Myrtle Street Hill to Owene Street. Administrator: As discussed the other evening, the Chief of Police feels that am additional $1.00 penalty should be imposed for nonpayment of parking tags after 72 hours. Cle motion of Councilman Powell, seconded by Councilman Nolde, it was decided to follow the recommendation of the Chief of Police. City Attorneys The motion should be a recommendation to the judge; this would come under criminal violations. I don't think the Council has the power to set a fine; it is up to the court. The other evening it was suggested by Chief Roepke that at this tine he &oesn't care to have an assistant Chief. The reason for this is, he believes tthat one boss in a small organization such as ours is enough, which I think Lis very sound thinking. Be wants to change Mr. Gedatus' title to Investigator. Oka motion of Councilman Peterson, seconded by Councilman Iverson, it was decided to follow the recommendation of the Chief of Police, (See Resolution). CWuncilman ?dwell was opposed. Tile Council had directed the Administrator to investigate certain matters regarding I. A. Bergen's new addition - Lakeview Terrace. Me Engineer's report on same was read at this time. Administrator: There is nothing in the report about septic tanks, which was q:testioned the other night also. it was suggested to Mr. Bergen that he bsuild a disposal system to take care of all the hores in there. I think we are still taking a chance in letting him proceed. C.!ity Attorney: : think he has violated the subdivision ordinance and the Sitate statutes. Administrator: I think it would be wise to be very careful on this; no more p:er:mite will be issued until this is straightened out. I have your backing too stop issuing permits until this is straightened out? A:.11 answered affirmatively. Aodninistrator: I think I will ask Mr. Bergen to come in and we will discuss tl®is with the engineer and the building inspector. Mayor Charlsen: Kal Blodgett is retiring as Civil Defense Director; I would like to recommend that Ken Andrews replace him. Mr. Andrews is Deputy Civil Desfense Directcr for Washington County, so there may be a conflict, but if it (February 11, 1965-continued) goes tthrough. I will go ahead with it and it will be effective February 15th. RESOLDUTIONS 1. Designating Title of Policeman (Verdon Gedatus). ADJODIIRNMENT On motion of Councilman Peterson, seconded by Councilman Iverson, the meeting adjourned at 10:59 P. M. 44. 01( at, Mayor Attetat: 1.21, • • • Council Chamber Sti:.Llwater, Minnesota Speceial Meeting February 24, 1965 7:30 P. M. Thee meeting was called to order by President Charlaen. Presdnt: Councilmen Iverson, Nolde, Peterson, Powell, and President Charlaen. Absent: None. Alec present: City Engineer Ehlinger, City Attorney Eastwood, Building Inespector Thompson, Mr. I. A. Bergen, Mr. Norris Swager, and Mr. John Rheinberger, attRorney for Mr. Bergen and Mr. Saeger. Mayer Charlaen: The City Administrator will report on the matter to be con- siodered by the City Council this evening. Administrator: Mr. I. A. Bergen appeared before the Council at a meeting helld on August 11, 1964, and presented a small plat, which was not detailed so that same would comply with the Subdivision Control Ordinance. At that time Mr. Bergen requested that the plat be approved as submitted. His primary interest at this meeting was to get approval of a street in the area which diod not comply with the ordinance, and requested that the Council vary from the ordinance and approve the street width so that more area could be used fog buiilcing purposes. After considerable discussion, the Council members felt that if this was going to be a one-way street they could see no objections to a vvariance from the ordinance. A1s.eo at this meeting, the Council agreed to tentatively grant approval of their plat subject to furnishing of plats that would meet the requirements of th..e ordinance. After several weeks, Mr. Bergen did present plats of the area, bu+R at that time he failed to comply with the ordinance so far as streets, curbs. welter and sewage facilities, so Mr. Bergen was informed that the plat could not bee approved, and that it would be necessary to furnish a bond running to the Ci-.ty of Stillwater to guarantee that the improvements necessary in the area would bee completed as soon as weather would permit. Mr. Bergen refused to furnish such a -bond; therefore, the plat was not approved. Foollowing discussion with Mr. Bergen, it was discovered that he intended to construct septic tank drain field disposal systems for each house; he was informed that the ordinance provides in part that one acre of land is required boor each house whenever septic tanks are used for sewage disposal. The AdBministrator informed the Council that it would not be advisable to grant permits to install the individual septic tanks, thus violating the ordinance. He also explained that the Council can grant a variance from the provisions of tine ordinance under certain conditions, and advisee the Council that, in his oixinion, this might lead to pollution problems concerning the St. Croix River. Item Administrator explained that, in his opinion, the one acre provision was probably intended in cases where individual well systems would be installed; thterefore, it might be advisable to consider adopting an amendment to the ordinance to the effect that whenever a central water system is installed inn any given area less than an acre, septic tanks could then be used providing thSey are not detrimental to health, or a source of pollution near a stream or lake. Also, that the amendment should probably incorporate the rules and regulations as set forth by the State Board of. Health in regard to sewage dileposal systems. But. before the Council takes action on this amendment, the P]lanning & Zoning Commission should be consulted as to their feelings in regard to such an amendment. • • • (February 24, 1965-Aontinued) 1.28 • The Building Inspector then read from a booklet published in 1959 by the Stott* Hoard of Health setting forth Rules and Regulations relative to septic tanLks and dry well installations. He stated that according to these rules and regulations, the Council would be within their rights to grant building permits at the present time. The . City Engineer stated that if septic tanko were installed in this area thezre probably would not be any pollution of the river, but he qualified his stattement to the affect that he did not have soil tests of the area and thezretore could not be sure about the pollution problem. Aft.:er considerable discussion, on motion of Councilman Powell, seconded by Coueacilman Peterson. the City Administrator was directed to order the prelparation of an amendment to the Subdivision Control Ordinance which would allaow the installation of septic tanks and drain fields on less than one acre traeets, provided the area involved has a central water system. RES.:DWTIONS The, following resolution was read: 1. :Resolution Authorising the Conveyance of Real Estate, and the Council members voted as follows: Councilman Iverson: Yes Councilman Nolde: Did not vote Councilman Peterson: Yes Councilman Powell: Yes Mayor Charlsen: Yes ADJOURNMENT On motion of Councilman Nolde, seconded by Councilman Peterson, the meeting adjoourned at 11:00 P. M. Mayor Attcestt • • 124 ,— a Stilllwater Fire Station -Kitchen Still'_water, Minnestoa March 1, 1965 3:00 P.M. Special Meeting The :meeting was called to order by President Charlsen. Present: Councilmen Nolde, Peterson, Powell, and President Charlsen. Absernt: Councilman Iverson Also present: Mr. Henry Amundson and Mr. Chester Wilson. Mayon Charlsen: This meeting was called for the purpose of discussing various properties known as the Brown's Creek area. Mr. Wilson has been doing some work with the City Administrator on this, and the Administrator has sometihing to report at this time. Administrator: Last Friday Mr. Knutson stopped at the office end informed me that he does have a buyer for his property at Brown's Creek; the fellow wants to malice a down payment on it. Mr. Knutson promised the Mayor that before seining this property to anyone. the City would get first chance to buy it. I pasased this on to Mr. Wilson - he has beentaking a very active part in this - he iss always ready to help us. He suggested that it might be a pretty good idea to arrange for this meeting. He has some definite ideas and I am sure the C^_ouncil would like to hear them. Mr. Wwilson: It looks as though here is another golden opportunity that should not bee passed up. Whenever a big problem comes up we always go back to the old park plan. I have known all along that Brown's creek was a very important featusre of that plan. When the highway was put through there it became all the more important because the highway made it accessible for private development, which. it was not before. It is unfortunate that one house has already been built: in there, but that isn't fatal; there is still enough left. That .old plan contemplated that parallel roadways surrounding Brown's Creek eventually would be made; this would be a wonderful drive. The old plan was the basis of a complete city park system, and there is no question that Brown's Creek: would be an outstanding unit in that system. The plan also indicated that the City would acquire Mulberry Point - that is unit number one. Another very important unit is Lily Lake (lake bottom); you should get more of that even if you heave to condemn it. Thank goodness the city acted when it did and bought that additional land from Benson. The City would like to have the north end of the prooperty, but Karl Schmoeckel doesn't want to sell that unless you take the £_our building lots as well. A plan which would be of advantage to Karl Schmoaeckel as well as to your advantage would be to trace and change the boundlary line; you would both have access to the water no matter how low it goes. I think the City should proceed without delay to condemn the lake bottom they need to match the lake bottom you got from Benson. Getti_sg back to the Brown's Creek property - if it is not taken now it will proba.dsly be gone forever. You have a package deal offer from Knutson, but I can't: see where the City has the slightest use for that house. If it were way out is the country where you needed a resident caretaker you would have use lc: the huouse. It occurs to me that the orderly development of the park is from the river up. Going up the Creek you should certainly get the whole valley betwe•,en Highway #95 and the railroad tracks; most of it belongs to Mr. Amundson. The wedge shaped piece of property in there would make excellent parking because it's :right on the highway, but Mr. Knutson won't sell it without the house too. He said if the city wants that they can condemn it. The location of Knutson's house - the Creek flows through his property - it would certainly be desirable to have that part of the Creek, but it isn't of major importance. I would say that :is an incidental problem that could be worked out. It is important to get tune stone bridge - it is a historical landmark and a thing of beauty. It is owned by Mrs. Tennant and it is of no value to her. 111 • • • (March 1, 1965-continued) • Nobody has quoted any prices except the price that Knutson submitted of $35,000; iftf you could scratch up the money and buy all he wants to sell, then you could tuern around and sell the house later to somebody else - that would enable you to retain that portion of the property where the Creek flows through. He esstimated five hundred cars could be parked on his property. It would be neces- saary to have that property if you could get it. Usually residence property next too a well managed park has high value; in Minneapolis they have even assessed &Slatting property because it boosted the value of the property. If you could t aalce Knutson's house that would be a saleable proposition, but that is a separate maatter. As I say, I can't see where the City has any use for the house. Notow, about finances. My brainstorm is to sell Pioneer Park. I have in mind wlaat the school board did when they were confronted with replacing obsolete se:ehool buildings - they floated a bond issue for pert of the money, and dis- mantled the old school buildings and sold the property. You could do the same w:,Lth Pioneer Park; that park was never in the original plan anyway - that was jrist a golden opportunity. Tne property stood there vacant; they tried to develop • but because of the depression they couldn't work the deal. We got the Stillwater Chamber of Commerce to put up the money. Next to Lily Lake, Pioneer P.'ark has been the most useful piece of city park property that we have; you are charging for it so much per table - you could charge more - it is a very valuable poLece of park property, but if you get Brown's Creek, you won't need it. You can develop picnic and camping grounds that would be far superior to Pioneer Park. Cebuncilman Powell: What would you think of yens have restroom facilities and everything tl:len at Washington Park? • Wilson: You have no restrictions in the s-trings on Washington Park - that was a gift ce:ould get around that restriction is to find s':triction. selling Washington Park as long as at Pioneer Park, and you don't have deed to Pioneer Park, but there are to the City. The only way you the heirs and condemn out that re- Ceouncilman Powell: Don't you think the citizens would be critical of selling P.'Loneer Park because it is used so much? Mgr. Wilson: You could overcome that because Brown's Creek would be so much more useful. I have a sketch of the Callies property and he is just itching to sell ti:hat to the City. When I was on the Planning Commission, Al Bergen, Jim Mulvey wad I were appointed a subcommittee to negotiate with Callies and look the place osere It is located on the other side of the golf course. He owns about twenty- f!Lve acres abutting on the railroad. It is a combination of high level grounds wvhere camp sites and picnic grounds could be developed, and sloping grounds down t:o the railroad track; under the track is a culvert which you can walk through. IIt is a wonderful opportunity to develop paths so people can walk through. One ooE the most attractive features of a park like that is little stairways and path- wways, etc. You wouldn't want a driveway in there - people like to climb and ee*plore, etc. II don't know how much you could get for Pioneer Park, but this is my suggestion. CCouncilman Powell: Do we have a figcre at all on Mr. Amundson's property? Mr. Amundson: Not yet. AAdministrator: Last Friday, the City Engineer went up with Mr. Knutson and wiewed his property - at this time perhaps he could give us an idea of the space aevailable for parking, etc. City Engineer: It boils down to how extensive a deal you want to go into there. ]] went through Knutson's house - and that house will be standing after your c:hildren's children are gone; it is all concrete, built on rock. You should aalmost have that property to make a decent parking area for cars. (Knutson's hnouse and yard). The wedge shaped piece he has along the highway is large enough f or two homes if homes were going to be built there: it is the only place along t=here that is flat enough and could be developed for parking purposes. The square poiece of ground on the east end is the only place you can get it. Afrayor Charlsen: With a car or walking? • • • • 126 • (March 1, L965-continued) r Citty Engineer: With equipment - to develop grades, etc. Mr., Wilson: How about the Leslie property? Citty Engineer: That is below the highway. Cocmncilman Peterson: How about the Turnblad property? Mayyor Charlsen: Do we have to acquire his property too in order to use that fon park area? Ciey Engineer: You wouldn't have to, but 1 would. Mr.. Wilson: Turnblad's property and Leslie's property isn't suitable for any kind of development - for that reason they should be willing to sell it cheap. As far as access to the highway, any place along there you could make a deal wiCh the highway department. Cit:y Engineer: There are only a few places where you could make a driveway in there. Maysce Charlsen: Couldn't you put a grade in on the south side of the Tumbled propperty? Cit::y Engineer: That is pretty steep along that side. Mr. Wilson: On this financing, there is going to be very substantial federal aid available in 1966 under the Land and Water Conservation Act. I have received a pamphlet outlining what they think the Congress is going to do in the way of appropriations and it looks as though there is a pretty good poasi- bilidty that Congress will come through with the appropriations. These funds are going to be distributed according to a bill that this Legislature is prothably going to pass - the Minnesota Outdoor Resources Commission is working on these problems and they have a scheme worked out how money is going to be madam available. There is a possibility that you may get as much as fifty per- cent: aid for both acquisition of land and development. The quota will be limiited as there are going to be so many demands for this aid, but the places that: are rea4 with their plans first will get the aid. There is no reason why the City of Stillwater shouldn't get in on the ground floor. You may have to f.'Lnance acquisition of what I call 'last chance spots' - Knutson's property is a: last chance spot - you may have to finance these without waiting for federal aid, but that means you will have more money available later for develop- ment:, The City ought to take this plan and get a good park man to come in here and .get it up to date; this would be one of the first things to do. You can't sell. Pioneer Park in a hurry. Mayoxr Charlsen: I don't think you could sell Pioneer Park - you would get so much opposition to that.. Mr. Wilson: What they would get at Brown's Creek would be so much better.. Mayon Charlsen: You could never give them the view. Councilman Peterson: They would have to give up band concerts there too. Councilman Nolde: What percentage of people would be coming from outside of town to use the new park system? Mr. Wilson: Quite a few, but you could charge them for it. You can charge peoplie for any kind of service that you provide; people have to be educated to that, and they have been educated to that at Pioneer Park. People gladly pay t.:hat twenty-five cents - you could charge more - you haven't raised the .prices to meet your needs. where you are providing any kind of special facility, you can and should make a charge for it, and you should make it big enough so you caan afford to police the place. City EEngineer: I would say that if you are going to go into this thing exreneively at all, you should acquire that home also. You could put a care- taker there permanently and fence the place in. You could even put in a lunch counter if you wanted to go into it. We would have to put in paths, bridges, benches, etc. throughout the park. • • • (March 1, 1965-continued) 12 • • DIN Mr. Wilson: Maybe that house has some usefulness; I can see his point there. Aelleiisraors Yu !Vasa iftwet didn'towant atodkeep it. before thWould at eyou uexplain se dAbout ysomeone controls be sold to thze Creek? Mr. Wilson: Yes. You have a combination problem of MoKuusick Lake and Brown's Creek; Mr. Knutson is very upset about what the City has the about putting up time dam and interfering with the flow of water into Brown's Creek. If you buy h:.is property you will eliminate that problem, but you will still have the psractical problem of operating both MOKusick Lake and Brown's Creek. As Me:Kusick feeds Brown's Creek, you have an engineering problem - you can't main - train a uniform high water level on the reservoir and at the same time have a ;uniform flow into the outlet stream. What you should do is get engineering advice on how to reach a compromise so it will always mmaaintain sonntair soneeiflow atMdounick down Broown's Creek and go as far as you can in holding up the Lake. Councilman Nolde: What about the other property owners along the creek on the :meet side of the stone bridge? We have the same problem. Mew. Wilson: Every owner along a flowing stream has a legal right to have that sttream flow in its natural condition; when you have a project like this you have tto buy the rights.. ARdminisraor: Yu r. n and e Engineer; it is a ion ebethertortnot atothis atime you iwant lt oacquire htheKnutson property and then of then Yiater the Amundson property. Mayor Charlsen: we can't say what we will do with the Knutson property until we Yinow what Mr. Amundson wants to do. AAdministrator: Mr, Knutson indicated that he would give us reasonable time to odecide (two weeks). lsayor Charlsen: Mr. Amundson, did you find out how many acres are involved with •ycur property? 1Nr. Amundson: It's kind of hard to figure out in a hurry, but I have come up .with about thirty-six acres including that wedged piece that you come into there; that is another five acres or so. City Engineer: Mr. Knutson's driveway at the present time is on Mr. Amundson's property. Mr. Amundson: I have kept the property in tact all these years; the only one I let build in there was my laughter and son-in-law. It is awful hard to arrive at a price on that property. In explaining that flowing creek - you don't go very far past Knutson's property before that starts flowing and there is a nice little stream. It's hard to tell whether the creek is getting any water from McKusick Lake or not. Mr. Wilson: If there was ever a lawsuit, Knutson would have trouble proving that Brown's Creek ever got any water out of MCKusick Lake. me. Amundson: Well, if you include that five acres, it brings my property up to about forty acres or a little better. Mayor Charlsen: Have you got any idea of what your asking price would be on the forty acres? This is for park purposes only - not income.. The only income would be for maintenance of park area. Mr. Amundson: I thought about $50,000 for that piece of property. I have held it for thirty years and I have kept it in tact and have paid taxes on it all these years. Mayor Charlsen: This is just your first offer, right? • !_<i8' • (March 11, 1965-continued) ,— • Ur. Amundson: That is the first offer I have ever come out with on that ?property. I have never quoted price on any lots along there at all. I am Ileeping in mind what you have paid for property around here, and that was :just bare land. :Mayor Chcrlsen: Would you want cash? yr. Amundson: At 6% you could pretty well f some write itedyour own roonoterterms. n't haveAlso, 1 'c-1d want a substantial downpaymett raise: all the money. Administrator: I believe a bill has been introduced allowing municipalities bj purchase lands for park purposes on an installment basis. This bill has provisions providing that interest rates are the same as they would be on a bond issue. Mr. Amundson, you do own some land on McKusick Lake don't you? Mr. Amundson: Yes. You have been using half of my farm - hauling it down into the lake there. West of the creek belongs to Mr. LeCuyer and East of it' belongs to me. Mayor Charlsen stated that the Council would have to discuss this further and Cecide what to do. Mr. Amundson then left the meeting. Mayor Charlsen: I talked to Commissioner Cafferty to see if the County would be interested in putting any honey into it and if this could be a City -County deal. He wouldn't commit himself at all. He didn't know how the Board would feel about it. If you're interested in pursuing this any further, and I think you should be, I can go up to the County Board Meeting tomorrow and discuss it wits them. Councilman Powell: The price he quoted us is not too far out of line, but I believe $1,000 per acre for that is a lot of money because the better share of it could be used for nothing but a park. But, if you are figuring $1,000 per ac,:e for that land you could give that away and get $5,000 per acre for the stuff that is usable. Councilman Peterson: I think he will come down on this. If the Amundson property was acquired you wouldn't need all of Knutson's property. Eliminate the house and grounds he is on right now. Mayor Charlsen: How much could we get for the house if we wanted to sell it? Could we get $20,000 for that house? City Engineer: Yes. Councilman Nolde: Before we ever purchase that land we should purchase the Amundson and Callies properties. City Engineer: You would have parking area with Amundson's property, but not as much as you would have with Knutson's property. Councilman Nolde: We have already talked about $85,000. How many thousands will it take to develop it into a park site? If you are going to have to spend $85,000 for land, you are going to have to develop it. City Engineer: If it is completely developed - $50,000. Councilman Nolde: And after we did that we would have to hire a caretaker? City Engineer: I would definitely put in a fulltime caretaker and I would fence it in. Administrator: This, I believe, is a long range plan. I don't think that it could be fully developed right away. If you think it's a good park area you should buy it before it is parcelled out into building lots. You can go to Stillwater Township, and the City Council on the part thx City owns, and put in some very definite recreational ordinances, but then you must act within a year; or, you can take an option on the land. • (March 1, 1965-continued) 21 e • Councilman Peterson: Would there be any possibility of the state participating in th:.is? Make it a state park instead of just a local park. Mayor. Charlsen: With O'Brien State Park so close, I don't think they would be interrested. Adminststrator: I would like to suggest to you that you check into whether or not tJ3e City can acquire this property on an installment basis; second - look into the possibility of Stillwater Township going along with the ordinance changes; third - take an option on it; or fourth - condemn it. Councilman Powell: If we decided to acquire it, we would then annex it to the City of Stillwater? Administrator: Oh, yes. Councilman Nolde: We have a park on Churchill Street, acres of land at Lily Lake we have never been able to develop, Pioneer Park and Staples Field; there are 2700 home owners in the City of Stillwater and we can't afford a park system such as wee have now; we can't afford a park program such as we are thinking about. Counsel -bean Peterson: You are thinking of the immediate future. If we could get government funds, one big park would be better than the parks we have placed here and tthere; they are nice for the people that live in that particular area. Mayor Charlsen: Would you have any objections if I went up to the County Board tomorrow and discussed it with them? This isn't a city park program only - it is a, county park program as well. Councilman Nolde: Don't get me wrong - I am in favor of a park program, but.. Coun.crilman Powell: The first thing we have to do in any park program is acquire the :Land; if we never acquire it we will be at a standstill. Admirhistrator: The only reason I asked the Mayor about this is, do we want the Kraut.:son property? He is definitely going to sell it. If you do, it is almost mand1story that you make some arrangement to get this property soon. Couriicilnum Peterson: I think we should find out if the county is interested and`Talso if we could pay for this on a time payment deal. Asfar as Mr. Wilson's suggjestion about selling Pioneer Park, that would be way out of the question - I dont: think that should even enter into it. ADJOURNMENT On ;s:otion of Councilman Nolde, seconded by Councilman Peterson, the meeting adjourned at 5:05 P. M. Atteest: Jthu 6 add._ Mayor • a •i 1.30 r e • Counc ill Chamber stillwarter, Minnesota March 9, 1965 4:30 P.M. Regular/ Meeting The meeting was called to order by President Charlsen. Opening prayer by the City Clerk. Present: Councilmen Nolde, Peterson, Powell. and President Charlsen. Absent_: Councilman Iverson. On motrion of Councilman Nolde, seconded by Councilman Powell, minutes of the following meetings were approved: Regular Meeting January 12, 1965 Regular Adjourned Meeting January 12, 1965 Regular (Meeting February 9, 1965 Regular Adjourned Meeting February 11, 1965 Speciaal Meeting February 24, 1965 Special Meeting March 1, 1965 7:30 P. M. 7:51 P. M. 7:30 P. M. 8:00 P. M. 7:30 P. M. 3:00 P. M. On motion of Councilman Powell. seconded by Councilman Nolde, minutes of the following meetings were given final approval: (approved tentatively on January 12, 1965) Regular Meeting Regular Adjourned Meeting Regular Adjourned Meeting Special Meeting Regular Meeting Regular Adjourned Meeting Special Meeting November 10. 1964 November 17, 1964 November 24, 1964 December 1, 1964 December 8, 1964 December 29, 1964 December 30. 1964 4:30 P. M. 7:30 P. M. 7:30 P. M. 7:30 P. M. 4:30 P. M. 7:30 P. M. 2:00 P. M. UNPINIDSRED BUSINESS (out of order) This was the day and time set to open bids on Rock Salt. The Clerk read the notice for bids aloud; the Mayor inquired if the notice for biids was published. and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the Cilty, on February 17 and February 24, 1965, and also in the Construction Bulletttin. The Clerk reported that only one bid had been received. On motion of Councilman Nolde., seconded by Councilman Powell, the Clerk was directed to open said bid and read it aloud. 1., Cutler -Magner Company $18.40 per ton (truck delivery) Minneapolis, Minnesota $17.60 per ton (rail delivery) Councihlman Nolde moved that the bid of $18.40 per ton - truck delivery - be acceptted; Councilman Peterson seconded the motion. • • • • (March 9, 1965-continued) r oft ?Mika was the day and time set to open bids on Cal. TI:c Clerk read the notice for bids aloud; the Mayor inquired if the notice for aids was published, and the Clerk informed the Council that the notice for bids vvas published in the Stillwater Evening Gazette, official newspaper of the City, •on Pebruary 17 and February 24, 1965. 'The Clerk reporte.: that only one bid had been received. On motion of Councilman :Powell, seconded by Councilman Nolde, the Clerk was directed to open said bid :and read it aloud. 1. Kilty Fuel Company $16.50 per ton Stillwater, Minnesota 09n action of Councilman Powell, seconded by Councilman Nolde, the bid was turned .over to the City Engineer for study, and recommendation on Tuesday, March 16, L965, at 4:30 P. M. 'Phis was the day and time set to open bids on Bituminous Material. 'Yhe Clerk read the notice for bids aloud; the Mayor inquired if the notice for Ib•ide was published, and the Clerk informed the Council that the notice for bids eras published in the Stillwater Evening Gazette, official newspaper of the City, .on February 17 and February 24, 1965, and also in the Construction Bulletin. 'The Clerk reported that only one bid had been received. On motion of Councilman IPeterson, seconded by Councilman Nolde, the clerk was directed to open said bid :and read it aloud. 1. Jay W. Craig Company $0.149 per gallon Cambridge, Minnesota :Om motion of Councilman Peterson, seconded by councilman Nolde, the bid was 'referred to the City Engineer for study, and recommendation on Tuesday, March 16, :1965, at 4:30 P. M. `This was the day and time set to open bids on a Portable Air Compressor. 'The Clerk read the notice for bids aloud; the Mayor inquired if the notice for Ibids 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 February 16 and February 23, 1965. and also in the Construction Bulletin. 'The Clerk reported that eight bids had been received; the Mayor directed the 'Clerk to open said bids and read them aloud. 1. George T. Ryan Company Minneapolis, Minnesota The Clerk reported that the bid did not conform to the advertisement for bids as there was no bid bond or cash deposit enclosed The Mayor then directed the Clerk to reseal the bid, without reading same, and return it to the bidder. 2. Minneapolis Equipment Company Minneapolis, Minnesota Delivery: On or before April 16, 1965 131. $4,975.50 - including accessories (March 9, 1965—continued) (132 '" • 3. Wall Equipment, Inc. $5,358.68 Minneapolis, Minnesota Delivery: Approximately two weeks 4. Arrow Equipment, Inc. Minneapolis. Minnesota Delivery: On or before May 9, 1965 5. The Zeco Company Minneapolis, Minnesota Delivery: On or before March 20, 1965 $4,795.11 (regular bid) $3,295.00 (alternate ) $2,550.00 (rebuilt nod) $6,576.03 (regular bid) $4,540.00 (used model with accessories) 6. Olson Equipment Company 55.422.00 Minneapolis, Minnesota Delivery: On or before March 22, 1965 7. Road Machinery 6 Supplies Co. $5,245.00 Minneapolis. Minnesota Delivery: On or before April 24. 1965 8. Hayden -Murphy Equipment Co. $5,349.60 Minneapolis, Minnesota Delivery: On or before March 30, 1965 On moti .Dn of Councilman Powell. seconded by Councilman Peterson, the bids were referre.,S to the City Engineer for study, and recommendation on Tuesday, March 16, 1965, aat 4:30 P. M. This was the day and time set to open bids on a vibrating Roller. The Clesrk 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 February 16 and February 23, 1965, and also in the Construction Bulletin. The' Clack reported that three bids had been received; the Mayor directed the Clerk fro open said bids and read them aloud. 1. Borchert -Ingersoll $1,990.00 St. Paul, Minnesota Delivery: April 15, 1965 2. Hall Equipment Company $1.680.00 Minneapolis, Minnesota Delivery: Within two or three weeks 3. Road Machinery 6 Supplies Co. $2,000.00 Minneapolis, Minnesota Delivery: On or before April 9, 1965 On motiion of Councilman Peterson, seconded by Councilman Nolde, the bids were referreal to the City Engineer for study, and recommendation on Tuesday. March 16, 1965, a:t 4:30 P. M. • • • • (March 9, 1965-continued) 1.33 • • TTais was the day and tine set to open bids on a Tar Kettle. rite Clerk read the notice for bids aloud; the Mayor inquired if the notice for bolds was published. and the Clerk informed the Council that thenoticefor bids wvse published in the Stillwater Evening Gazette, official newspaper of the City, ocm February 16 and February 23, 196!„ and also in the Construction Bulletin. She Clerk reported that four bids had been received; the Mayor directed the Clerk to open said bids and read them aloud. 1. Borchert -Ingersoll, Inc. $1,630.00 St. Paul, Minnesota Delivery: On or before April 26, 1965 Road Machinery 6 Supplies Minneapolis. Minnesota Delivery: On or before April 15, 1965 $1,049.00 3. Hayden -Murphy Equipment Co. $ 975.00 Minneapolis, Minnesota Delivery: March 20. 1965 4. Steppe Mfg. Company $ 749.85 North Branch, Minnesota Delivery: On or before April 5. 1965 on motion of Councilman Powell, seconded by Councilman Nolde, the bids were rreferred to the city Engineer for study. and recommendation on Tuesday, March 16, 11965, at 4:30 P. M. This was the day and time set to open bids on Local Improvement No. 52, Construction of watermain in South Sixth street. tt,e 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 awes published in the Stillwater Evening Gazette, official newspaper of the City, an February 18, 1965 and February 25, 1965, and also in the Construction Bulletin. the Clerk reported that four bids had been received; the Mayor directed the Clerk Ito open said bids and read them aloud. 1. (Abetter Construction Company $3,811.75 Stillwater, Minnesota Start Work: May 15, 1965 Complete Work: June 1. 1965 2. Anderson Excavating $2,726.60 Baldwin, Wisconsin Start work: April 19, 1965 Complete Work: May 15. 1965 3. James D. Wolff Company 63,315.31 St. Paul, Minnesota Start Work: April 15, 1965 Complete Work: May 15, 1965 • • 134 (March 9, 18255-continued) • • 4. Erwin Montgomery Wisconsin St. Croix Falls, Start Work: April 15. 1965 Complete Work: May 15, 1965 On :notion of Councilman Powell, seconded by Councilman Peterson, the bids were referred to the City Engineer for study. and recommendation on Tuesday, March 16, 1965. at 4:30 P. M. $3,596.00 Thiel was the day and time set to open bids on Sews a Lift Station Monitor and Alan Systems. if the notice The Clerk read the notice and the Clerk informedds aloud; the Mthe Councilyor ethat the notice for boe bids was pshliedshnd bids was published in the Stillwater Evening Gazette, official newspaper of thee City, on February 23, 1965 and March 2, 1965, and also in the Construction Bu::Lletin. The Clerk reported that only one bid had been received; On motion of Councilman Noolde, seconded by Councilman Powell, the Clerk was directed to open said bid mad read it aloud. 1. Gopher Electric Company $8,447.00 Minneapolis, Minnesota Installation on or before July 1. 1965. Gni motion of Councilman Peterson, seconded by Councilman Powell, the bid was referred to the City Engineer for study, and recommendation on Tuesday, March le, 1965. at 4:30 P. M. TPhte was the day and tire set to open bids on a new Police Car. eke Clerk read the notice for bids aloud; the Mayor inquired if the notice for beLde was published. and the Clerk informed the Council that the notice for bids was published Ln the Stillwater Evening Gazette, official newspaper of the City. on February 23, 1965 and March 2, 1965. 'Etie clerk reported tbat two bids had been received; the Mayor directed the alerk to open said bids and read them elnur $2,901.36 (Biscayne) L. Stillwater Motor Company less trade: 1,181.36 Stillwater, Minnesota $1,720.00 Delivery: About 45 days from date of order $2,790.55 (Ford) 2. SEtillwater, Company less trade: _'• 446.55 Stillwater, Minnesota $1,344.00 Delivery: Three weeks after acceptance of bid On motion of Councilman Powell, seconded by Councilman Bolde, the bids were referred to the Chief of Police for study, and recommendation. On motion of Councilman Powell, seconded by Councilman Molde, the meeting adjourned to 7:30 P. M. (this portion of the meeting closed at 6:20 P.M.) e • • e 7:30 P. M. - Meeting Reconvened APPLICATIONS On mobtion of Councilman Nolde, seconded Liquor Licenses were granted to Mildred (formerly in name of Donald Kaisershot) Controol Commissioner. Bonds in the sum by Councilman Powell, On and Off Sale H. Gersdorf, 224 South Main Street. subject to approval of the Liquor of $1,000 and $3.000 were also approved. On ma.tion of Councilman Nolde, seconded by Councilman Peterson, an Off Sale 3.2 Meer License was granted to Ralph B. Otte, 517 North Owens Street, on the seconad reading of the application. From B. James Meister. 901 South Fourth Street, for On and Off Sale 3.2 Beer Licenses. (carried over to next regular meeting due to location in a residential area)0. On mention of Councilman Powell. seconded by Councilman Nolde, an On Sale 3.2 Beer license was granted to Ralph B. Otte, 517 North Owens Street on the second readtinq of the application. rchill t. for f Beer-` License. (carried kover E. wto next Oregular umeeting sdue eto locationfinsale 3.2 resi..demtial area). On emotion of Councilman Powell, seconded by Councilman Nolde, a Second Hand Dealeer's License was granted to Richard Slachta, 223 South Main Street. subject to approval of the chief of Police. Fromm Ernest Webb, Route 2, Stillwater, for a license to "Haul Things to the City Dump" From Kul A. Schmoeckel, Route 40, Stillwater, for a license to Raul Things to the City Dump" hauCot:mailman new dump without Nolde: event payingthat a charge ford it, willthey they? not be allowed to 1 to Maysur Charlsen: All this license is is a permit for them to pick things up and hauGl them to the city dump. Cougacilman Powell: What does the city attorney say on this? Cit-_y Attorney: The ordinance says city dump: the word. 'city' should be struck. Admalnistrator: the city attorney should probably amend the present city dump ordlinance. On motion of Councilman Nolde, seconded by councilman Powell, the item was tabled untdil the March 16th meeting. On motion of Councilman Nolde, seconded by Councilman Powell, a Junk Dealer's License was granted to Sherman Gordon. 233 E. Nelson Street, for the year 1965. • (March 9, 1955 cohtinued) l 3fi CC: MUNICATIONS Prom I. A. Bergen, Local Realty, Inc., in which he states he would like to wiithdraw his application for approval of a plat known as Lakeview Terrace. AdBninistrator: He wants to be able to get building permits on the old adBdition, known as Carli & Schulenberg's Addition. I have talked to Mr. Thsompson and the Engineer and they are of the opinion that, under the present mooning ordinance, Mr. Bergen would probably be within his rights. Councilman Nolde: What if he needs a nonconforming permit like he has on thne other two houses? Buailding Inspector: If he meets all requirements of the zoning ordinance, I haave no authority to grant him other than a regular permit; I have no authority to refuse to issue him a permit. Coumncilman Nolde: What would happen now if he follows this procedure and dooesn't put in streets and curbs, etc.? City Engineer: If he withdraws his application for a subdivision, the City haus no jurisdiction over that whatsoever. That street would then become a pr rLvate road. conancilman Nolde: Who would plow it, etc.? Cizty Engineer: That would be up to the property owners and the developer. theere La no street there because all of the streets have been vacated. Couuneilman Nolde: I think that this is the only way Mr. Bergen can solve his problems right now, but somewhere along the way someone has to protect the people who are buying that property. Building Inspector: Those lots are duly platted and subdivided lots; as long as they meet the requirements of the zoning ordinance, I cannot refuse to issue permits. Councilman Nolde: If there is no longer a street in there, they are going to have problems with mud and snow... Buillding Inspector: Under existing circumstances that is their problem; if theey are willing to buy a lot in there, that is their responsibility. Cousncilman Powell: You feel then that everything is legal and according to Hoyvie? Buiilding Inspector: Right. Administrator: This property is platted under Carli & Schulenberg's Addition; theere are no streets in the area. There is some question in my mind that in thee event the developer sells off all the land and it is owned by various indlividuals, at that time I presume they can come to the City Council, dedicate land to the city for street purposes, and request blacktopping, curbs and gutters. The City council would have to oblige and 25% of the Cost would be chargeable to the city of Stillwater. If a request is submitted before the demeloper is out of the picture, then streets, etc. must be provided by the devneloper. The Building Inspector hereafter will grant permits for building houses in the area. BuilgPing Inspector: I went to the University of Minnesota for the latest recommendations for installation of individual sewage disposal systems -based on :their recommendations there are no grounds for refusal of permits unless the City Council wishes to adopt an ordinance prohibiting use of individual sewaage disposal plants. They have a City water system which has a great bearing on installation of sewage disposal plants. Based on their recommen- datilons , I feel that permits there should be allowed. Councilman Nolde: I move we follow the building inspector's recommendation. (March 9, 1965-continued) 13 e • Counailaan Peterson: There is still a problem with the individual sewage dispersal plants. Admim,istrator: The Council should consider amending the ordinance so individual sept:tc tanks yombety r is available; ld like' to suggest ]ouatthis time thatthis wuldclearthe matter once and for •:ali. 'If the ordinate is amended, there will be no objection to septic tanks. Buillding Inspector: The Engineer, City Attorney and I are charged with the respconsibility of handling this? Admifnistrator: yes. Prom the State of Minnesota. Department of Conservation in regard to McKusick Lakee Dam. Aden:daistrator: This ill in reply ly to ROWS letter asking for suggestions as to a f.!easible way of completing the project within a reasonable amount of time. Maywor Charisen: Are you doing anything at all out there to maintain it? Is .the water over the dam? Cit:' Engineer: No, sir. Mayuor Charlsen: Can Citiy Engineer: That a eleven man crew. we thongs... Maws charlsen: I sure hope you watch it so it doesn't -mash out; that would be tensible. you take care of it? all depends on how the treets break up sewers and do oneis hundredgotherh can't fix streets, clean Preen palm, Pals a Lundberg, attorneys for the Estate of Oscar J. Skooglun, reeceesting a deed from the City to clarify title of property as it affects an option to the Northern states Power Company. Adgsinistrator: This is in accordance with the action taken by the Council some tiime ago whereby the City agreed to deed certain property to Northern states Pon Pont Coompany, and and of the would sewage eiveolandfrom pfrom, them which we could use in f r Mayor Charisen: Did we ever make a trade with N.S.P. on the railroad right-ofway? ciity Engineer: Not yet. They weren't sure of the location of their coal pile. (Mee Resolution) caw of a resolution adopted by the Board of County Commissioners which read in part as follows: "That a number and street naming system be established by the C.:ounty of Washington". C:tty Engineer: The postal department is very shook up because we have at the present time pocket subdivisions all over the county using house numbers extending from St. Raul; the reason for this resolution is to get some clarification. (March 9, 111965-continued) e • From .Representative Howard R. Albertson, Chairman, Committee on Metropolitan and Otlrban Affairs, in regard to sewage disposal in the metropolitan area. Copy of a letter from G. D. Johnston, Acting Chairman of the Stillwater Planning and Stoning Commission, in regard to annexation of Blocks 12, 13 and 14 of wcbstter's Third Addition. Administrator: The Planning Commission recommends that the City Council approve annexation of this property providing that a lift station be provided; also that the area be rezoned "RC". (see• further discussion under PETITIONS) Prom (Theodore M. Gillen, Chief of Auxiliary Police, enclosing report of Auxilliary Police activities during 1964. On station of Councilman Powell, seconded by Councilman Nolde, the Clerk was direocted to write a letter to the Auxiliary Police thanking them for said report. From John H. Rheinberger regarding Swager Bros. Claim - Brick Street sewer. Admicisttrator: This has been checked very carefully and has been discussed with the City Engineer and City Attorney - we don't feel this is a city responsibility; we feel hat determining the depth of sewers is the responsi- bilitty of the builder. The City should take the position that we are not liabble for any of the expenses incurred nor are we liable for any alleged inforxmation given by the city engineer's office. Councilman Peterson: I move that the city administrator inform Mr. Rheinberger of thne City's intention to refuse to accept any liability for this claim. Councilman Powell seconded the motion. From the University of Minnesota, Center for Continuation Study, regarding Confeerence for Mayors and Councilmen. From the State of Minnesota, Department of Health, approving plans and speciifications for watermain extension in South Sixth Street. (Local Improovement !lo. 52). CITY .ADMINISTRATOR'S REPORT Mr. Htrower reported as follows: As resquested, I have received a report from the City Engineer showing the estim:uted cost to rebuild West Myrtle Street from Fifth Street to Wens Street. According to his report, the total cost of the project would be $140,405.45. Municipal State Aid funds available for the project amount to $95,720.00, and • e 139• • asseessments at $7.00 per foot would amount to $22,596, so it would be necessary to ocharge $22,089.45 to the Permanent Improvement Fund, or request an advance from : the State on our 1966 construction allotment. Should the Council decide to 'proceed with this project, I would strongly recommend that an application be saade for an advance on 1966 State Aid construction allotment, because money in tthe Permanent Improvement Fund could then be used for other contemplated streeet improvements during 1965. I would also suggest that consulting engineers be 'retained to survey the project. prepare plans, etc., as soon as possible. The Engltneer informs me that 3,100 vehicles travel over West Myrtle Street every twenty-four hours. Maj.er Charlsen: You are going to get opposition all along Myrtle Street. Councilman Peterson: We probably will get a lot of opposition, but that street is .almost beyond repair. Admainistrator: If we go into this five year street program, we are going to getm opposition to assessments, it is the natural thing to do, but in order to get: our streets in good condition we are going to have to do this. Mayor Charlsen: I can go along with that because it isn't $7.00 per foot. Councilman Peterson: This $7.00 per foot isn't going to get any less; it's goi:.ag to be more. The longer you wait the more it's going to be. Mayer Charlsen: Alright, but then you are being confiscatory too - they can pro.ve it. Adnistrator: I would like to suggest that a hearing date be set as soon as posse able. On motion of Councilman Powell, seconded by Councilman Peterson, April 6, 1965, at '1:30 P. M. was set as the date for hearing on Myrtle Street reconstruction. I - hsave again discussed the proposed five year street improvement plan with the Engiineer, and I have come to the conclusion that it will be necessary to hire a ful:1 time draftsman and two temporary rod men if the Council decides to go along wit10 the proposed plan. i have instructed the Engineer to determine if drafts- men are available and todetermine what the salary requirements might be. I will keep the Council informed. Gen-itlemen, as your administrator, it is my duty to keep you informed relative to.:all administrative matters concerning the City of Stillwater. As a general rul..e my reports are of a pleasant nature, but I find it difficult to report to you: that Hoard L. Hanson, the City Assessor, has found it necessary to resign, effeective April 1. 1965, due to ill health. Mr. Hanson is a faithful and trusted employee and, as we know, the position of City Assessor is a trying job and! the person performing the duties of this office is subject to much crit.ticism, but Mr. Hanson has performed well. (Sere Resolution). As •you know from previous discussion, the m,:nicipal judge's salary was set by epeeist legislation at the 1963 Session; this legislation expires on July 1, 19611, and at that time the present salary of $5,500 per year will be reduced to :63,600 per year, which is the amount paid prior to passage of special logic - lattice. I would like to suggest that the Council consider a resolution which woulld fix the salary of the judge of the Municipal Court after July 1, 1965. and that copies of the resolution be forwarded to our senator and representatives • (March 9, 19065-continued) r. • for ti:leir consideration. This resolution to be effective only in the event the proposed County -Municipal Court bill does not become law during the 1965 ;session of the legislature. I feel the proposed resolution should also provi•.Se for county participation. (See Resolution) As reeported at a previous meeting of the Council, a contract was executed betweeen the City and Leighton Charlsen, which chrcontract citipprovides Sinlppart rtethatr Mr. O¢harlsen would provide dump facilities the rum of $4,500 per year. Mr. Charles" apparently is having some difficulties in acquiring certain land for the dump, and it has been suggested that the Council consider purchasing this land and resell same to Mr. Charlsen at a4 later date. In order for his to acquire the land, immediate action is nears -sane as the person who owns the land is anxious to close the deal. This is upp to the Council - I have no recommendation on this matter. don't know what would be wrong with that. You would have to have the property appraised and go by it is something to think about. Counneilaan woude: I City! Administrator: the .appraised price; Charles Thompson has spent the past week attending classes at the State school for Assessors, and Chuck informs me that the instructors are outstanding in n ll us stheir field. I chocol. 1 am goingld to reCcto ommend the at theoofficeseof Building Inspectorut his week at andhe Assessor be combined. Buillding Inspector: I have attended a number of schools and I will say that thins school was the most advantageous to me. It was conducted exceptionally weir. we divided into small groups and had questions and answers. Among other things, it was stated that the tax laws in the State of Minnesota are in an ratter state of confusion; there are now thirty-two bills in the legislature in regard to tax relief for people on fixed incomes. The thing we are doing now in the City of Stillwater (city wide revaluation) is to +try and reach equality in taxes. We miss nothing; Mr. Christenson isan expert assessor; he has been in the business all his life and he is very fair and I impartial. At the school, the question was asked - 'what about taxes?'; one man said merely. 'they are going up'. Another man said, 'we have just begun to pay tax:es'; these were professors of economics at the University of Minnesota. Three police officers - Cote, Henke and Conley, have attended the two day ricer and crowd control course sponsored by the Federal Government at the White has been tted for Bear Armory. An Gedatus oaattend tann'siand investigatorscourse sponsored dby the nBureau aofr Cridminal Apprehension. We have received complaints about an old building located on the southeast cornier of Martha 6 West Olive Streets (owned by Mr. Erlitz). I have discussed t':fds matter with the Building Inspector and he informs me that proper action concerning this old building will be taken in due time. Buiildi.ng Inspector: Action has already been taken on this matter. • • (March 9, 1965-continued) e 141'e ,n Mayo:,r Charlsen and I met with the County noard of Commissioners last week in regard to acquisition of land embracing the Brown's Creek area for park purposes. The Mayor informed the Board members that Mr. Knutson is about to 5e111 his property to an individual who intends to construct houses along the areas, thus taking all available parking space. The Mayor requested that the County Board share in the cost of acquisition and the Board members agreed than this area is suitable for park purposes and instructed their engineer to Look into the matter and report his findings before Tuesday, March 9, 1965. The County Engineer, Mr. Erickson, called at Mr. Ehlinger's office and together thew looked at tha area in question. We do not have a report from the County Boaad as of today. I can tell you that Mr. Knutson deficitely wants an answer no Dater than tomorrow. Does the Council feel that the Brown's creek area is suitiable for park purposes? Do you take the position that the cost involved is ttoo much? There is no other land available for parking: without this land the valley itself would be no good. I know it would be hard to make a decision without having the County's decision. but.. Mayer Charlsen: As far as I am concerned. that is the last piece of property than could be used for park area. but I don't see how or where the City of Stilllvater has the money to take advantage of this offer of Mt. Knutson's. I cal/led Congressman Karth last week and asked him if there was any money available; he staid there is nothing available this year, but there will be next year. I donut know how we can do anything but turn down the offer that has been presented. Admiinistrator: I feel this way - the cost of the land is out of line. Councilman Molde: I feel that the City of Stillwater has quite a few parks of its on that we haven't been able to maintain; I can't see any reason for buying mores Land. Councilman Peterson: Frankly, I don't think it's the last chance. Knutson's lanced is the least desirable of the whole valley. Councilman Powell: I have given this some consideration since we met with Mr. Nilson on this. I realize he has done a great deal of work on this, but I tl:hiak this plan should have been presented originally to the County. Ex -.councilman Simonet was present in the council chamber and was asked his opiz.sion of the matter. Mr. Simonet: I would like to see you do something with that ground we recently purechased at Lily Lake. I think we should let the Knutson property go, myself. Ex —councilman James Simpson: There is no use for that $25,000 home; however, youo Should acquire the park area because the longer you wait the more it's going to cost. Mr.. Bob Panaman: Mr. Amundson is asking $50,000 for his forty acres; that doesn't seem to invoke much comment as an excessive price. Councilman Peterson: That is his first offer. Administrator: One other thing you might consider if you are interested in the arena. I believe it is possible for the City of Stillwater and Stillwater Township botch to adopt an ordinance setting aside this area for recreational purposes; you cousxd tie it up but not to exceed one year; this can be done, but it's rather arktitrary. Maydor Charlsen: Mr. Panaman, do you have any interest in that property? Mr., Panaman: As a citizen, I would very much like to see it madeb to a park, but as a personal interest I would like to build a house there. If I acquire it as a htonesite there would only be one home in there. Councilman Powell: What would your feeling be if you bought the house and then the rest was made into a park? Mr.. Panaman: Probably everyone would like a park in his back yard, but it would invoke a good deal of privacy. • • • :142 (March 9, 19665-continued) • • City Bengineer: Unfortunately, the land is only suitable for one purpose. This Bark would strictly have to be a walk-in park as these is no space to enter without spending an excessive amount of money to put a road in there:: Mayor charlsen: Wbat would it cost to develop this park so it would be ready • for public use? Engineer: It would cost anywhere from $50,000 to clean it and brush it out; you could probably put $200,000 down there. Coune:Liman Powell: I move we inform Mr. Knutson that because of conditions we wiill have to forego the opportunity to purchase his property. Counoilman Nolde seconded the motion. (all in favor) Mayors Charlsen: I am opposed. but there is not a damn thing I can do about it. Administrator: I have received information from the League of Minnesota' Municipalities relative to a federal special census. evt our ventrourez, popullation has increased at least 5% or 250 people, whichever over the 1960 population it would change the allocations of cigarette and liquor tax revenue and, also in the event our population exceeds 10.000 we would automatically be classified as a third class city, which would provtide certain benefits to the community not available to a fourth class city-. I have no recommendation to make on this; I am just bringing it to your attention. Counocilman Powell: I suggested to the Mayor that as long as you only want a heaad count, some scout troop could take this on as a project at a nominal fee. Admiaaistrator: Let's think about this until next Tuesday evening. Adnhi aistrator: I have received complaints from people residing in the area of Sall South Third Street about a business being conducted in a hone at that address. i asked the Chief of Police to investigate and he in::orms me that artiiEicial flowers are being displayed and sold or rented. I have taken no offiieial action in regard to this matter. I would like the Council's views betoere acting. Buillding Inspector: I would classify it as a customary home occupation. It wwas decided to have the matter investigated by theCityAttorney and Builldinq Inspector for report on Tuesday. March 16, e9 Admilnistrator: I am pleased to announce that premiums covering Blue Shield benefits have not increased for the contract period from April 1. 1965 to Apriil 1, 1966. I would like to recommend that the City continue this excellent coverage for its employees, and authorize the administrator to sign a contract for the period April 1, 1965 to April 1. 1966. On motion of Councilman Nolde, seconded by Councilman Powell, the Clerk was directed to sign said contract. (all in favor) ti • • • (March 9, 1965-continued) 148 • • Adminiatrator; At the present time the sewage plant operators are compensated for certain overtime which in my opinion creates additional work for the engineering department and also in my office. We are trying to eliminate overtime pay in all cases where employees are compensated on a monthly basis. Overtime pay has been discontinued in the police and fire departments and I have asked the City Engineer to prepare a report showing overtime pay to sewage, plant operators for the past three years. According to this report, the overtime pay has averaged about $12.62 per month, so at this time I would like tcm recommend that the monthly salary of sewage plant operators be increased $15.004 per month to compensate them for all overtime in the future. On mot.:Lon of Councilman Nolde, seconded by Councilman Peterson, the above recommendation was accepted. (all in favor) (See Resolution) Adminiastrator: Pbr the past several years, the public examiner has been requested to audilt the city books, records, etc. I would like to suggest that the Council request: the public examiner to audit the books for the period January 1, 1964 to Janusary 1, 1965. Comet/lean Powell moved for the above; Councilman Peterson seconded the motion. (all in favor). Adminisstrator: I received a request for a stop sign at the intersection of Mulberry and Greeley Streets; I have discussed this matter with the Chief of Police and he does not recommend a stop sign at that location. Adminis-:trator: You will recall that the poet office department requested and receiveed ;.n option for the land on which the city buildings are now located. The deadline for acceptance of that option is March 11, 1965: to date I have not received any word as to whether or not the government will accept the option. To protect the City in the event that the option was exercised, it was necessary to make certain plans to construct new facilities for the City; therefore, pre- liminar-y plans have been drawn for new city buildings, abstracts and test borings were or. erect, etc. I have treason to believe that the federal government will not exercise the option on this property, so I would suggest that you instruct the Administrator to stop proceed:lags so no additional cost will be incurred. Councilman Peterson: Is there any indication why they are not going to pick it up? Mayor Cltarlsen: Last Thursday evening I asked Congressman Karth about how the post ofefice was coming along - he said, 'not too good'. He talked to authorities about irot and said that funds were not available. Monday I wrote to him telling him we are waiting to hear from the post office department; that is the last I heard. On motion of Councilman Powell. seconded by councilman Peterson. the Administrator was directed to stop all proceedings regarding the new city buildings. (all in favor). Cbuncilmsan Nolde: I think we should still be thinking of new fire station and city ha1:L buildings regardless of what the federal government does. Administrator: I would certainly feel that this is the ideal location for city building:p-; the cost of construction is less here and you don't have the dre&nage problems:, etc. • t44 • :Marcn 9,. 1965continued) • Administrator: we received a letter from the Planning & Zoning Commission regarding request - from J. A. Kearney for a non -conforming permit to build an apartment. The Planning & Zoning Commission turned it down. The Building Inspector informed me that he would like to have the Council abide by the Planning & Zoning Commission's recommendation. Bu:tiding Inspector: He just doesn't have enough land in there. On notion of Councilman Powell, seconded by Councilman Peterson, the request fon a non -conforming permit was denied. PErITIOils From officers of the Fairview Cemetery Association and officers of the J & B Reaelti Company, requesting annexation of all of Blocks 12, 13 and 14 of Webonter's Third Addition. (James Simpson and Robert Norgren were present, aloong with John L. Jewell, attorney) Thee Administrator again read the letter received from the Planning & Zoning Commission on this matter (see COMMUNICATIONS) Mayer Charlsen: You have heard the recommendations - do you have any ob- jections as far as a sewer lift station is concerned? Mr. Simpson and Mr. Norgren: No. Couancilman Nolde: Do you plan on paying for sewer and water yourself? Mr. Simpson: That part that serves us - yes. We can't be assessed for addiitional size because we were going to put in our own. If the City wants to blond it and assess us for what we will need, that's fine, but the additional cost I don't think should be borne by us. Councilman Powell: If you put in a lift station large enough to accomodate usage at some later time, you would have to assess the total cost to the one thatt's getting the benefit now because it has to be paid for now; there is nobody else to assess it to; others would get it free of charge because you can`"t reassess. Mr. Simpson: Not unless we put in our own. Councilman Powell: Is that a practical solution, Mr. Engineer? Cityi Engineer: If it were a large enough lift station to take anything that woulld come into it, but you can't anyone that isn't in the city. Mayoar Charlsen: How big a unit would you need for your own use? Mr. Simpson: It would cost us about $9,000; that would be more than adequate for us. Mayo::r charlsen: What would it cost to put a bigger one in and the City pay the .difference so it would be there? City* Engineer: That could be done, but are you going to do it on a deferred assessment basis or what? Mayolt charlsen: The Presbyterian Church is going to want to come in sooner or latert . Mr. Simpson: The increased capacity of the lift station would be very little Building Inspector: It amounts to about three blocks. • r • (March 9, 1965-continued) • 145, Councilman Nolde: When we put in the sewer, are you going to pay for it right awayy or have it assessed against the benefited property? Mr. Simpson: I would like to have it assessed against the property and pay for it on an assessment basis. Councilman Folds: Are you prepared, if we annex this property, to provide and pay for your sewer facilities? Mr. Simpson: It makes no difference. If the City puts it in then they have to enquire the property in order to gain access to it. If we put our own in and you --pay for it, then you have to designate the spot and put it in,but again it makes no difference. Cityd Engineer: It should be on our land instead of yours. Councilman Powell: Is it possible to get an estimated cost for the apartment area and the other area the Planning & Zoning Commission thought it should accomodate? Then perhaps the engineer has some suggestions he could make at that! time. Mr. Jewell: This petition was filed with the County Board and given to the Clean of Oak Park Township and was filed with the Municipal Commission; the thirty daytime for written objections is running... Admifinistrator: I would like to suggest that the city attorney, the building inspoector and the engineer report to us on this matter on Tuesday, the l6th of March. Cityy Attorney: As long as Mr. Jewell is representing the petitioners, there is a conflict of interest between the city attorney and the petitioner's counsel; undeer good ethics I could not render a decision to the city. Mayor Charlsen: We will have the first reading of the ordinance annexing this property on Tuesday night, the 16th of March. Mayor Charlsens What happened to the request of St. Peter's United Church of Christ to be annexed to the City? Admiinistrator: The Town Board of Oak Park met and rescinded their action; it then went to court and the court ruled that the town board cannot rescind an actiion vacating a street; once a street is vacated it is vacated forever. The Church is going to reopen it and come to the Council, but I advised them to get a copy of they order issued by the court. DELIEGATIOMS OR INDIVIWALS Mr. John L. Jewell: Has the Council set up anything to get together with the County Board on the County -Municipal Court Bill? Mayoer Charlsen: After our meeting with the members of the Bar Association the Council decided to let it go. Admiinistrator: The latest information that I have is that the County Board has taken the position that it would not pass a resolution favoring the bill unless the City of Stillwater makes the first step. Coun.seilman Powell: We said we would go along if we could work out some kind of mental basis: they don't want to enter into any agreement because they felt they would get their own facilities sometime in the future. • • (March 9, 11965-continued) 146 e • Mr. Jewell: I believe the County Board is willing to let together informally with the City of Stillwater to discuss this thing and decide whether they are going to go for it or against it. Administrator: It seems that the proposed bill is not very well known; if it %were well known, I am sure there would be a lot of opposition to it. It seems that we are the only County proposing this kind of bill, is that right? Mr. Jewell: Yes, except for Ramsey. Cour cilman Powell: Wouldn't it be a good idea to wait a year and see how they/ make out over there? My opinion is, we presently havethe court .and we mare happy with the court; if the county wants to make a change they should come to us. Mr. Jewell: The County Board does not want to take the position that they are oven riding the City Council; all they want to do is discuss it. If it isn't accepted - fine, but at least meet and iron it out. Mayoot Charlsen: Gentlemen, are you interested in meeting with the County Board? Councilman Peterson: I think they should be contacted - not left up in the air,. but it is their responsibility to come to us and we will tell them what we wveuld like. Administrator: If they feel that the County -Municipal Court Bill is 'the' bill, they• should have enough interest to come down to the City Council and give us thei:.r feelings on it; they don't want to stick their necks out. I don't think the •County Board is convinced it's a good bill or they would have taken some actieon on it. UNFIN/J SBED BUSINESS This vas the day and time set for hearing on the Petition to Vacate Parts of West Olive Street, formerly St. Paul Avenue; West Oak Street, UMUUUuOuIe ■/VM/aNNWML7 , formerly Division Street; and West Street in the . City of Stillwater. The Meyer inquired if the notice for hearing was published; the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gazette, official newspaper of the City, on February 2, February 9, February 16 and Webruary 23, 1965. The ?Mayor then opened the hearing. No one appeared for or against the vacation of said streets; the Mayor then closed the hearing. The Council could not act to vacate said streets as all councilmen must be present to vote (Councilman Iverson absent). The item was carried over to a meeting when all councilmen are present. ADJOURNMENT On mootion of Councilman Nolde, seconded by Councilman Peterson, the meeting adjounrned to Tuesday. March 16, 1965 at 4:30 P. M. (this portion of the meeti:ag closed at 12:40 A. M.) Attestt: City Clerk Mayor • • 147 • • Council Chamber Stiliwatter, Minnesota March 11, 1965 4:30 P.M. Special Meeting The meetAing was called to order by President Cherlsen. Present:: Councilmen Nolde, Peterson, Powell. and President Charlsen. Absent:: Councilman Iverson (hospitalized) Administrator: An abstract was ordered some time ago on Lots Three to Seven, and Twenty to Twenty-six. Original Town (property on which proposed new city hallwill be located); also we ordered title insurance. Mr. Lyle Eckberg informsed as that he can furnish title insurance on all lots except Lot Three - Mr. Freed Bliss claims to own that lot. The City Attorney feels it is owned by the -.City of Stillwater, but Mr. Bliss got atitle aon itiinon it could8: ins in der to corrreet the situation we might have to go into court three months perhaps. Mr. Bellberg said that every effort is being made to convince Mr. Sheldon Smith to sell Lot Eight to the City; this would be enough land for us and we wouldn't need Last Three for the time being. ty NOW. Km. Knapp of the post office department, has requestedud of tthat the aty daysfrom extendl the option to purchase our property y f r aI toldhhim we would the expiration of the original option, today. I after some discussion need additional time to complete our new facilities, would he saild he would let us hold this land until February 1, 1ch 10th, 966.ut noIt mailed uggest weaaree sure twerhave etitle insurancnding the optie one the othedated r property. Counciilman Nolde: Does it sound like they are going to build? Adminilstrator: He said he couldn't speak for authorities in Washington. but he said His had reason to believe this eventually would be done. He said one of the reeasons it has been held up is because we are asking too much money. I told Min we were not going to lower the price. We must be sure about this insuraance before we extend the option. Counc:asan Nolde: It may take three months, but you will get that Lot Throe in court:. I+�a city Attorney: We ^kink it's better to acquit this all in one batch; he doesn't have title to that lot. but he has put a cloud over it with this tax title. Mayo= Cbarlsen: Why would it take three months in court? City Attorney: You have to locate heirs and nerve them - that is what takes time. ion to ederal for a period of tNolde thenhirty days. Councilextend Petersonpsecondedthe the motion. (all favor) AD.TO KAMMENT On motion of Councilman Peterson, seconded by Councilman Powell, the meeting adjomurned at 5:07 P. M. Atte est: • • 148 e r • Council Chamber Stilflwater. Minnesota Special Meeting March 12, 1965 4:30 P. M. The meeting was called to order by President Charlsen. Pressent: Councilmen Nolde, Powell. and President Charism:. Abseent: Councilmen Iverson and Peterson. Adm±dnistrator: The City Attorney, the City Engineer, Mr. Sheldon Smith, Mr. Lyles Eckberg and myself met today to discuss purchasing Mr. Smith's property (Lott. 8, Block 21 - Original Town). First of all Mr. Smith wanted to trade thatt Land for a piece of land on our parking lot so he could extend his drive- way' down there: this we refused to do. We then started dealing for this pieeee of ground up here - he started at $9,000. We decided to find out what an ;appraiser would set it at so we went down to Bill Klapp's and the property was: appraised at $4,500: we wouldn't go for that. We finally told Mr. Smith thatt if we didn't get this piece of ground we were not going to extend the opt_aon to the federal government, we wouldn't get a new post office or city hal:.l or anything. He finally decided on $3,000, and he just called me a few minutes ago and said if the Council enters into an option we can dicker some =roe. I haute called Mr. Knapp and explained this to him, and I called Peter Racochini and asked him if we could get the proposed building on that site if we Egad Lot Eight. Re said he would have to have the weekend to make sure; thatt Ls the way it now stands. Councilman Nolde then moved that the City accept the option granted by the fee:simple owners of Lot 8, Block 21, Original Town of Stillwater, for a per±Lod of ninety days for a sum not to exceed $3,000, and that the proper offilcers of the City be directed to execute and deliver the necessary documents to ocomplete the transaction. The motion was seconded by Councilman Powell. (all in favor). AFuleCORta48RT On :ration of Councilman Powell, seconded by Councilman Molds, the meeting adjeiourned at 4:42 P. M. Att.:eet: r�wp—� wQf City Clerk Mayor • 149. 0 Couuncil Chamber Stilllwater, Minnesota Regular Adjourned Meeting March 16, 1965 4:30 P. M. Thee meeting was called to order by President Charlsen. Preesent: Councilmen Nolde, Peterson, Powell. and President Charlsen. Abseent: Councilman Iverson. UNDPIMISHED BUSINESS Th::is was the day and tine set to award bids for various equipment, materials anud services, which bids were opened and read on March 9, 1965. Coal on.motion of Councilman Nolde, seconded by Councilman Peterson, the following bid' was accepted as recommended by the City Engineer, and the Mayor and City Cletrk were directed to enter into a contract. Kiity Fuel Company $16.50 per ton delivered Stillwater, Minnesota Bituminous Material One motion of Councilman Powell, seconded by Councilman Nolde, the following bi.A was accepted as recommended by the City Engineer, and the Mayor and City C1•_erk were directed to enter into a contract. Jay W. Craig Company $0.149 per gallon delivered Cambridge, Minnesota by distributor truck Portable Air Compressor Inn a written report, the City Engineer stated as follows regarding bids for this it:em: "The low bidder is the Arrow Equipment, Inc., however this machine has only a 900 days warranty on the machine, and there are no machines in operation in this locality. The next lowest bidder is the Minneapolis Equipment Co.; they have a once year warranty, and several machines in Minneapolis and Saint Paul, among otthers. Of the new machines bid, I would like to recommend that the City purchase thse bid frpm Minneapolis Equipment Co. which is a Worthington. This bid is $41.975.50: this is $18O.39 over the lowest bid. We could go still lower by taking ans alternate bid from the Zeco Company for a used Gardner -Denver at $4,631.03 with egguipment as bid and requested. This will depend on the recommendation of the Ciity Attorney on whether we can do this or not." Ciity Attorney: The one he recommended is the legal bid; the others didn't meet spoecifications. Om motion of Councilman Powell, seconded by Councilman Peterson. the following bi?d was accepted as recommended by the City Engineer, and the Mayor and City Cl..erk were directed to enter into a contract: .Minneapolis Equipment Co. $4,975.50 Minneapolis, Minnesota Delivery: On or before April 16, 1965 • • 15u (March i.6, 1965-continued) • s Vibrating Roller In ?Lis written report, the City Engineer stated as follows regarding bids for thiss item: "I would like to recommend the purchase of the bid from Borchert -Ingersoll, Inc for $1,990.00 (Eseick model). This is the only unit that meets sperrifications completely and from my observations of the specifications and! seeing the units, I feel that this is the better unit". on 'notion of Councilman Powell, seconded by Councilman Peterson, the following bidl was accepted as recommended by the City Engineer, and the Mayor and City Clerk were directed to enter into a contract: Borchert -Ingersoll, Inc. $1,990.00 St. Paul, Minnesota Delivery: April 15, 1965 Asohalt Tar Kettle In his written report, the City Engineer stated as follows regarding bids for thus item: "Thee three lowest bidders do not meet specifications as for the amount of gal/Lone required, or specified on the proposal. The lowest bid does not meet thee specifications on the 3-way valves (they have only 1 instead of 2). I wousld like to recommend that the bid be awarded to Road Machinery A Supplies Co.. at their bid of $1,049.00 if the City Attorney will con,-r that this is posesible. This is providing the company furnishes 2 3-way valves." City Attorney: My recommendation is that all bids be rejected because of faie'lure to meet specifications. Counncilman Kolde: I move we follow the City Attorney's advice and reject all bid3s for a tar kettle, and readvertise for bids. councilman Peterson seconded the motion. citty Engineer: I think we should just let it ride for the time being, gentlemen. Administrator: reaadvertise? Ciety Engineer: Yes. It is your opinion at this time to reject all bids and not Mayor Charlsen: You mar we can get along without it for the present? Ciety Engineer: For the present I think we can - if we find we need it, we can always readvertise later. couumcilm an Kclde's motion was then amended to state that all bids be rejected at this time. T.. cal Improvement No. 52 In his written report, the City Engineer stated as follows regarding bids for thus item: "Die lowest bidder is a non -union bidder. If this has no bearing on the award of the bids, then I recommend that the bid be awarded to Anderson Excavating. Thee Council may decide on the merits of awarding to a non -union bidder." • (March 16, 1965-continued) • 151. • • On motion of Councilman Nolde, seconded by Councilman Peterson, the following bid was accepted as recommended by the City Engineer, and the Mayor and City Clerk were directed to enter into a contract: Anderson Excavating $2,726.60 Baldwin, Wisconsin Start Work: April 19, 1965 Complete Work: May 15, 1965 Sewage Lift Stations Alarm Systems In 3:Ls written report, the City Engineer stated as follows regarding bids for this item: "I would like to recommend that the bid for this work be rejected. The cost seems veny high to me. I estimated it would be $5,000 to $6;0001 this bid (from Gopher E1•ectria Company, Minneapolis. Minnesota) was $8,447.00." Covunci. man Nolde: I move we follow the recommendation of the City Engineer and re_gect phis bid. Coeuncibsan Peterson: At the time we were discussing this, didn't you say there coould be a threat that some of these lift stations would flood and this would court us considerably more than this amount? City: Engineer: Considerably more than what I originally came in with. Cotamcilman Powell: Didn't you say that this $5,000 figure you had was less labor? City Engineer: No - that didn't include the cost of the telephone company installations. we can repair an awful lot of lift stations for this amount of wormy. Coumcilman Powell then seconded Councilman Nolde's motion to reject the bid. Police Car On motion of Councilman Nolde, seconded by Councilman Peterson, the following bid wale accepted, as recommended by the Chief of Police, and the Mayor and Clerk were directed to enter into a contract: Erickson -Post Company $1,344.00 Stillwater, Minnesota Delivery: Three weeks after acceptance of bid Thee Administrator read the following report from the City Engineer regarding State Aid allotment for Myrtle Street reconstruction: "I called Mer. R. G. Brennan, the State Aid Engineer for this area, on the posed. - of drawing on next year's allotment of construction funds to rebuild Mymtle Street. He states that this cannot be done. The thing that can be done is the bonds be issued under the State Aid Regulations and these bonds can then be paid for out of the allotment. This requires a lot of red tape, and he stated thaat it is better to avoid this method of obtaining funds." Administrator: A hearing has been set for the project and I would feel that it would still be in order to conduct a hearing and get the feeling of the people on Myrtle Street. • • • 152 • (March 16, 19065-continued) Counciilman Peterson: We can get past the top of the hill, can't we? City engineer: That all depends on what you want to do. That original. price didn't include any new sewer or watermaine. Admintistrator: This won't cause any problem - you can connect new ones onto the and? Engineer: Oh, sure. Coune:tlman Nolde: I move we wait until after we have the public hearing and see h.n things turn out. Appli•.eations for "License to Haul Things to the City Dump" were carried over from the March 9th meeting. The ?wdministrator reported that the City Attorney is of the opinion that licenses for hauling must be obtained from the City regardless of what Mr. Char3.isen plans to do if and when the new landfill dump is opened., On monition of Councilman Nolde, seconded by Councilman Powell, hauling licenses were issued to the following for a period of one year: Ernest Webb. Route #2, Stillwater Karl Schmoeckel, Route N4, Stillwater Frank Harden, 419 S. Harriet Street, Stillwater It wars decided at this time that the following items should be carried over to this next regular meeting of the Council: Report on "Garret" (sale of artificial flowers in private home). Discuussion on whether or not to have official census taken. Report of Fire Department operations for the months of January and February. Operational Report covering year 1964 - Waste Treatment Plant. Notiece of claim from Wayne A. Curtis; claims damage to automobile. Copy mailed to Ctity Attorney and Krog Agency on February 15, 1965. Financial statement of the Board of Water Commissioners for the year ended Deceraber 31, 1964. On amnion of Councilman Powell, seconded by Councilman Nolde, the following item .was referred to the Planning & Zoning Commission for recommendation to the aouncil at the April 6, meeting: Rgequest from Joseph O'Brien, 712 Anderson Street, for variance permit tto build attached garage. • • (March 16, 1965-continued) 153 .,., On motion of Councilman Nolde, seconded by Counciman Powell, the Council approved release of the following collateral, pledged by the Cosmopolitan State Bank of Stillwater to secure city deposits: $5,000 Melrose Independent School District, Stearns County, Minnesota, 2.75%, School Building Bond of 1952, #126/30 @ 1M ea., due 4/1/45. ORDINANCES On motion of Councilman Powell, seconded by Councilman Nolde, the Clerk made the first reading of "An Ordinance Determining the Annexation of Certain Land to be in the Best Interest of the City of Stillwater and of the Territory Affected and Declaring Same to be Annexed to the City". (proposed apartment house site - Oak Park). RESOLUTIONS The following resolutions were, on roll call, unanimously adopted: 1. Accepting Bid and Authorizing Execution of Contract (Rock Salt) 2. Accepting Bid and Authorizing Execution of Contract (Coal) 3. Accepting Bid and Authorizing Execution of Contract (Bituminous Material) 4. Accepting Bid and Authorizing Execution of Contract (Portable Air Compressor) 5. Accepting Bid and Authorizing Execution of Contract (Vibrating Roller) 6. Accepting Bid and Authorizing Execution of Contract (LI #52) 7. Accepting Bid and Authorizing Execution of Contract (Police Car) 8. Fixing Compensation of Sewage Treatment Plant Employees (Radke and Haas) 9. Authorizing Execution of Deed (Skooglun) 10. Favoring Legislation Municipal Judge's Salary 11. Commending Howard Hanson (City Assessor) ADJOURNMENT On motion of Councilman Nolde, seconded by Councilman Powell, the meeting adjourned at 5:45 P. M.) - adjourned to March 30, 1965 at 7:30 P. M. Attest: %,li d tlY Mayor 154 e • Ccuncifil Chamber Stillwater, Minnesota Regulaer Adjourned Meeting March 30, 1965 7,30 P.M. The meeting was called to order by President Charlsen. Present: Councilmen Nolde, Peterson, Powell and President Charlsen. Absent:r Councilman Iverson. This was the day and time set for Hearing on Local Improvement No. 42 (Street Improvements as follows:) West Mutt/berry Street South Water Street North S South Third Street East Mpetle Street West Chnurchill Street South Silxth Street East O1:.Lwe Street North W'tLliam Street South Owens Street South Second Street South Center Street South Ftirst Street South Second Street North Shnerburne Street East & [West Hancock Street RESURFACING between North Wens & North Fourth Street between East Myrtle & East Chestnut Street between East Orleans and 387.46' N. of N. line of E. School Street between Mail; Street and 105' E. of E. line of Water Street between South Third & South Greeley Street SEALCOATING between between between between between between between between between between West Olive & West Pine Street South Main & South Second Street West Myrtle & West Mulberry Street West Pine & West Olive Street East Myrtle & East Nelson Street West Myrtle & west Ramsey Street East Orleans & East Willard Street East Orleans & East Willard Street West Myrtle & West Linden Street Sixth Ave. South & South Seventh Street The Clank read the notice for hearing aloud; the Mayor inquired -if the notice for heanimq was published, and the Clerk informed the Council that the notice for hearsing was published in the Stillwater Evening Gazette, official news- paper off the City, on March 11, 1965 and March 18, 1965, and a copy was mailed to all 'mown property owners affected. Administrator: I would like to report briefly in connection with this improvement: I feel that these reports and recommendations might have a tendency. to create a better understanding as to the legal aspects affecting local imprrovements within the City, and also might present a more favorable assessin.ig procedure so far as our citizens are concerned. Last year when the hearing was held in regard to sealcoating and matting of streets, many of the persons present at that hearing felt that the City should pay a greater percentage of the cost of the improvements proposed at that time. I have reequested and received the following opinion from our City Attorney: "I htave been asked for a written opinion as to whether sealcoating and matting may be provided for out of the city permanent improvement funds. Article X, entitled Taxes and Finances, Section 177 of the Cityv Charter, subsection Four, states as follows: 'A permanent improvement fund for the purpose of paying such portions of the expenses of l.:ocal improvements as shall devolve upon the City.' Arti.xle X, Section 196 of the City Charter reads as follows: ' The • • • • e (March 30, I965-continued) 55' • permanent improvement fund shall be used for the expense of making any permanent improvement, when the cost of the same is wholly chargeable to the Citty.' Article. XI, entitled Local Improvements and Payment of Assessments Therefor, Sections 202 of the City Charter, subsection One, reads as follows, in part: 'To ace:quire, open, and widen any street, and to improve the same by construct- ing, rveconstructing, and maintaining sidewalks, pavements ****, or by grading, gravel:.Lag. oiling or otherwise improving the same,***.' Articl•.e XI, Section 203 of the City Charter as amended reads as follows: 'Impro wements--Defraying Expenses of --the cost of any improvement mentioned in'thee foregoing section. or any part thereof. may be assessed upon property benefited by the improvement, ****. The City may pay such portion of the cost oef my such improvement as the Council my determine from general ad valorean tax levies or from other revenues or funds of the City available for the purpose.' It is :ny opinion that Article X of the Charter tells what property shall be subjecet to taxation, the procedure of assessing the property and the keeping and aceeounting of the monies received from said taxation, whereas Article XI of thee Charter sets forth improvements that the City may make and the method of payying for the same. Thereffore, it is also my opinion that Article XI, Section 203, as quoted above, allows. the City Council to use reasonable discretion in determining what monies of thee City, including funds, may be used for sealcoating and matting of the City setreets." Administrator: I have also requested and received the following report from our City Engl.:Seer, which reads as follows: STREETT MATS - 1965 Total Estimated Cost with City's share = $30414.69 Estimated City's Cost at: Total 25% 30% 35% 40% Estimated A 25% 30% 35% 40% = $7,553.67 _ $9,064.41 _ $10,575.14 $12,085.88 Cost with city's share at: $22,661.02 = $21,150.28 = $19,639.55 $18,128.81 Estimated Front Feet Assessable Estimated A able Cost Per Front Foot with City's 25% 30%' _ 35% = 40% SEALCeAATING - 1965 Total $22,661.02/22,029.11 ft. $21,150.28/22,029.11 ft. $19.639.55/22.029.11 ft. $18.128.81/22,029.11 ft. Estimated Cost with City's share Estimated City's Cost at: 25% 30% 35% 40% = $2,854.08 _ $3,424.90 $3,995.71 _ $4,566.53 = 22,029.11 Feet share at: = $1.02869 = $0.96011 _ $0.89153 = $0.82295 Per Per Per Per = $11.416.32 Foot Foot Foot Foot • • lJL (March 30, 1965^continued) • • So timated Assessed Cost with City's share at: 25% _ $8,562.24 30% _ $7,991.42 35% _ $7,420.61 40% _ $6,849.79 22,179.65 Peet Total Saturated Front Feet Assessable Estidmated Assessable Cost Per Front Foot with City's share at: 25% _ $8,562.24/22,179.65 ft. = $0.38604. Per Foot 30% = $7,991.42/22,179.65 ft. _ $0.36030 Per Foot 35% _ $7,420.61/22,179.65 ft. _ $0.33457 Per Foot 40% _ $6,849.79/22,179.65 ft. _ $0.30883 Per Foot nd r Citylass:ra:estthe estimatedCity costsfrom for theent Improvement following percentages entire project if Per:eents Street Mate Sealcoating Total $ 7,553.67 + $2,854.08 = $10,407.75 370% 30% $ 9,064.41 + $3,424.90 = 512,489.31 395% 510,575.14 + $3,995.71 = 04,570.85 4M0% 512,085.88 + $4,566.53 = 16,652.41 Administrator: The property owners were informed last year that they would be assessed l 15% of the cost of the project. I think swetsho ld% of ideconsider cchanginngg our present (policy so the property owner would pay lenpersonal. opinion is that the property owners in attendance might go along if the szmast were less. Mayor 0hsarlsen then opened the hearing. Resurfacina West Mulberry Street 1 Mr. nenny Sandquist 304 Morttb Greeley Street In regard to the surfacing of Mulberry Street I am speaking for Mr. Stoltz, Mr. Swanson,., a 5 other people who own properte resurfacing on Mulberry bSStreet betwee seen Greeley and e Owens Surat. We are requesting t section: womega hernthatltherCouncilts hasn think the block the cost ofeadrunning footai�.ag. g. I 9 foot i.Ll be; is it going to be $1.03 or $.82 per foot? Mayor Cyaarlsen: we don't know ye t - we can say it won't be over $1.03, but it might boe leas. Mr. Samdquist: At 100 feet it would cost me 5100.00t it would cost Mrs. Humphrey $100.000; it would cost Mr, Stoltz $100.00, and Mr. Swanson and Mrs. Thomas would be anotiher $100.00. Mayor Caharlsen: Are they objecting to it also? Mr. Sarndquiat: Yes: they are objecting to it also. I talked to Mr. Stoltz and Mr. Swamson and we all agree as far as our block is concerned the street tre uld in good s&mpet however, if this winter we have had pros shoros ther ise, w wot dapl tably have to: back water a little bit and get it done, is no reason to resurface between Owens and Greeley. Mayor reocommendationse Thenthingssheesaidelast falleprovedttrue. wThere isa 1 following (March 30, 1965-continued) _ 1.57 • • of di£iference between paying $7.00 per foot and $1.03 per foot to fix a street. Engineer, do you have any particular knowledge of that block? City Engineer: This is the same list of streets we had last year; at that tine we deemed it feasible to remat that street - probably we could save that block with as sealcoat, but we felt it should be matted and preserved all the way throng*. Mr. Sundquist: As far as sealcoating is concerned,how effective is it? City Enggineer: It is only as good as the street is. Mr. Sandquist: I thought so; if the street isn't good, the sealcoating won't do anyy good. City EEngineer: We have se:",ral streets that look good at the present time, but.. Mr. Ssandquist: I would like to ask this question. What size rock and what percentage of rock would be used in tar for resurfacing? City EBagineer: This would be under State of Minnesota Highway Department spent - ficatilons. Mr. Ssandquist: There are a lot of streets in town with a lot of rock in them; why can't we have streets as smooth as state roads are? City Engineer: Back a few years they used different mixture - we now use high type .mix - there is only one higher. Mr. Ssandquist: It holds up as well as the other? Engineer: Oh, yes. Mr. Ssandquist: I would like to raise this question, too: why could not a more equitasble method be found for street repair? Levy a mill rate on every home owner; everyone uses streets but now the hone owner pays the whole cost... Mayor Cbarlsen: Not the whole cost - State law states you have to assess for streets work, but we will forget that part for now. We are gradually trying to change that over to the way you are talking about; we are trying to make it less than 705%. Thera are some storm sewers in town that have to be replaced this year when Elbe street work is done or there is no use to replace the street. I suggested we use this maximum figure of 75% - 25% because, if the sewers work out then it will be taSeen off of work done on streets. Mr. Sundquist: What method of paying for resurfacing has been decided upon? Mayor Charlsen: On this type of work it can go for three years. Adminiistrator: This can go longer if you wish - you can go five years, but most of thee people in the financing business frown on going over three years on this type oof work. Mr. Sundquist: what is the interest charged on your balance? Admin_.lstrator: I would presume that we would sell certificates of indebtedness for ti:is program; if we sell them to our local banks I believe interest would run about 511% or 6%. This would be a certificate where the full faith of the City would be pledged. Mr. Sundquist: I would like to ask the City Engineer how thick a coat would be put ona the street? City lingineer: One inch. Mr. Sundquist: Is that thick enough to carry trucks going over the road? City :Engineer: It will carry c'ly as much as the base under the street can hold; this :is the standard procedure at this time. • • • 1.58 e (March 30, 11965-continued) • • Mr. :&andquist: Is this to be let out to private contractors? City, Engineer: Yes. We do not have the facilities. Mr. 'Mamas Jefferson Fourth & Mulberry Streets Mr. @:linger. how long will this type of surfacing last? Cityy Engineer: With normal maintenance, probably about five years. Mr. Jefferson: This is a temporary improvement for streets? When do you seallcoat this then - in about two years or so? Cityw Engineer: No.. Mr. Jefferson: Is sealcoating normal city street maintenance? Cityd Engineer: That is an assessment. Mr. Sandquist: Will we get an answer as to whether our request will be answered or not? Mayor Charlsen: You will get an answer tonight if you hang around long enough. Resuurfac inq - South Water Street No cone appeared for or against the resurfacing of Water Street. Resusrfacinq - North and South Third Street Mr. Dean Mix 604 South Third Street I moved in five years ago and when I moved in that street was in perfect conddition; I have never seen a street go to pot so fast in my life, and I am Sm the construction business. Something was haywire with the mixture used - theria are more potholes than Carter's got pills. It looks like there is a very sound base of good concrete under it, but it probably was not bonderized to suftficient extent to take the asphalt. Mayan Charlsen: The base of the street is brick... Mr. mix: But you can put a good bonderiser down - I know very well that that streeet has to be done, but I hope we can convince Minnegaaco and the rest of therm to firish their repairs so that they don't have to c.,me in after the streeet is done. There should be some way of insuring a better laying down of the street. Mayer Charlsen: When the street cars went out there was quite a controversy as fto whether or not they should take the tracks out and repave - the street was not prepared properly. Mr. Mix: what are you planning on doing this time - just cover it over with a mart? Cityy Engineer: That is all we intend to do, yes. Mr. Mix: In another five years it will have to be done again. Mayor Charlsen: Some of the holes have to be dng up before you can do this anyway. Remember this, that there are better methods of bonding since that job was done. Mr. Mir: I was not objecting, but I want a decent job done. • (March 30, 1965-continued) e ( F19 • • Mr. William Sowell 704 South Third Street ProlbabLy some of my questions are elementary; for instance, on Third Street whioeh is 'county aid', would we receive a larger portion from the City than a 1•essor traveled street? City Engineer: That is a very good question - Third is county aid between Orleans and Chestnut only. Mr. Sowell: Is this reflected back into the $1.03 figure? Citry Engineer: No. Mr. Sowell: To me this is an injustice - with heavy bus traffic and heavy chunrch traffic, that road is bound to be broken down faster. To assess property mincers on that street on the same formula doesn't seem to me to make tco much sents e. Adm_dnistrator: In answer to that question - the monies received from Washington County as county aid goes into the General Fund and is ured for the purpose of mairataining streets generally; it is not set aside for any particular street. ,„. We /have used this money to do overall maintenance in the City. Mr. Sowell: I will leave that for a minute - evidently we have a formula that we Ilave been suffering with - if that ever cut off all of a sudden you will haves the City down on your neck - what is the normal formula used in cities of ten thousand? Admiinistrator: The Mayor, council members and myself have attended many meetings where this was discussed - about g0% of the municipalities in the State of Minnesota assess 100% - I don't think it's fair. We are one of the few cities using 25%-75% formula. Councilman Holds: I have always felt this way - by running it through the general fund it is not fair either. A man paying $400 in taxes is paying twice as mesh for streets as the man who is paying $200 in taxes - we should get some- thing in the Legislature where everyone would pay the same thing. Mr. Sowell: If the rest of the cities do it, I can't ask Stillwater not to. Mayor Charlsen: We are working out a formula and we are going to surprise every- bodyd. We are going to show it to the League of Minnesota Municipalities and see if wse can work it out. We are usine, the maximum figure of $1.03 on the cost of ihiss matting, and if the storm sewer works out the way we want it to, we can take money out of the Permanent Improvement Fund to apply to the street work. I think it'ss better to use the maximum figure so we won't be telling any stories. Councilman Powell: It should be clarified that the maximum figure we are using is lithe City Engineer's estimate - this may not be exact to the penny, but the Engilneer has been very close. Administrator: For the gentleman's benefit - if the City would be able to assess at 440% it would be 820 per foot as compared to $1.03 per foot. Mr. Sandquist: I brought up the question of why couldn't a more equitable method be Mound for street repair. I didn't get an answer. I suggest the Council levy a milll rate and chop off this system we are using. Mayor Charlsen: You don't pay for street repair - you are not assessed for it. Mr. Sandquist: Alright, resurfacing and the whole business: A mill rate should be meet so everybody would pay their fair share. Mayor Charlsen: That is what we are working on now. Mr. Xvaas: I heave not moved in yet, but I have just acquired a place on Third - this gets a teerrific amount of traffic - is that the reason for ce-nty aid? • • • qqL On (March 30, C9bo-concsuu=u, 1_ f11/ City Engineer: I wasn't here at the time, but in the 1950's the State cameo e in here and decided to allot money for certain streets in the community; coun',ty set up streets they wanted to use for main traveled thoroughfares and .the county took that street: actually all they have is the center twenty- four, feet. Mr. Livaas: I was led to believe that you are getting so much money for Soutab Third and it is expended into the general fund for use on other streets. Admiinistrator: I would like to ask the City Engineer how many miles of oou mty aid streets we have. angtneer: About four and three quarter miles of county aid. Adm:d.nistrator: In 1963 we received $1,290 and in 1962 we received 52.580 in .county aid. Maypor Charlsen: We don't even get enough money from the county to countit as money. Mr.- Dowell: Do we get our fair share from the county? Adaministrator: Yes. Couuncilnan Powell: North Third Street isn't county aid and my feelingis, if youu live on South Third you have no more right to that benefit than somebody who; lives on North Third. Mr.. Kvaas: There are busses and trucks that usethat rt at. street; Iaagreeiwidie- th thee earlier proposal that the Council can pay p crettion. If you could pro -rate the share based on trafiic ability and amount of! traffic on a street this probably would be fair. Maeyor Charlsen: Ask your neighbors here tonight who live on a different street hams they would feel about that: Mr:. Kvaas: There are some streets that never get used by anybody but those who livve on them. The amount of traffic should be considered when you make alllocations from the city fund. Mayor Charlsen: I am sure you would get a lot of complaints from other people who think their streets are just as busy. You misunderstand me. Mayor Charlsen: You have got to assess evenly8y all the way fthrough or you are l._sying yourself open to criticism; can yo Mac. Kvaas: Certainly. we. Dowell: If I understand Mt. Brower. it is the policy in the entire state ttoo o the everyttaX every persto take care oevery trP tiinothe scityt ?n the same basis - every person Councilman Powell: That's right; there are a few exceptions. Mts. winstraus: I am not speaking as a property owner, but as a representative Afar the First Church of Christ Scientist - are churches assessed the same as 'individual property owners? ftayor Charlsen: Yes, they are. lnr. Gene Luebker _1110 South Third Street :1 agree that heavily traveled streets :money for keeping streets in repair. .of South Third Street between Hancock k there that can be easily patched waste of money. Mid. Kvaas: should receive a greater proportion of I also want to object to any resurfacing and Orleans; there are two small holes resurface the entire block would be a (March 30, 1965-continued) 161 • Mr. AAlden Nelson 110 NE. Marsh I have property on Third Street. When the utility companies put back dirt they don'tt compact it - are there no compaction tests taken? Administrator: We agree with you that not enough compaction is one of the reasoons for settling - in the future. on any holes made there will be some sort of t.:ests taken. Mr. liaison: They will have another gas leak there next summer - they always do. Mr. .Cohn Strutt 13141 South Third Street The Last two or three blocks on Third Street seem to be in very good repair - seal,:eoating would suffice. City: Engineer: As previously stated to Mr. Sandquist, the street looks good, but :you see nothing but rock if you look very close. This is a sign that the street is ready to go at any time - that is the reason for resurfacing same. This; is not only my opinion, gentlemen, and ladies; a representative of the Asphalt Institute came over here and we looked at the streets; he said that most of oar streets are beyond saving with a sealcoat. Mrs. Gene Luebker: Didn't you say last year that some of the blocks on Third Street didn't need it, but because it would be more economical you decided to do i-.t that way? City. Engineer: I didn't say they didn't need it. Mrs. Luebker: -I believe the part of Third from Burlington on up had been done more: recently, Mr. :Sandquist: Couldn't the street that gets heavy traffic get a heavier coat of t::sr than other streets? Wouldn't it save the street a little bit longer? ^ity' Engineer: You can get too much on there also. Resurfacing - West Myrtle Street No onne appeared for or against the resurfacing of Myrtle Street. Resulrfacinq - West Churchill Street Mr. Names Underhill 805 hest Churchill Street I recall last year we went through this - the general agreement was that Churchill Street needed it, but it was put off because it was felt that the wholle base under it should be done; apparently you are just going to cover it agaiia this year - is that where we stand this year? Mr. Mix: The holes on Churchill Street did a lot of good - the cars don't as fast as they used to. Mr. Underhill: What is going to be done by Washington Park? Cityv Engineer: That problem is caused by constant freezing and thawing - that is wahere your water comes from. Mr. Underhill: Wouldn't it be better to do something now rather than wait until it'ss resurfaced? go City. Engineer: There is nothing that canle done; we are not unique; every city has this problem. 162 • (March 30, 1.965-continued) Mr. U.:nderhill: Does this $1.03 figure apply to Churchill Street also? Mayor' Charlsen: Yes. Mr. Udndechill: I won't sleep tonight, thankyou. Sealcaaatinq - South Sixth Street No once appeared for or against the sealcoating of South Sixth Street. Sealcoating - East olive Street No once appeared for or against the sealcoating of East Olive Street. Sealcoeting - North William Street Mr. Oscar Munson 129 Worth William Do I have to pay for both sides of the street? Administrator: Only the half of the street abutting your property. sealcoating - Owens Street No once appeared for or against the sealcoating of Owens Street. Southn Second Street between E. Myrtle and East Nelson Street - Sealcoatinq No once appeared for or against the sealcoating of this street. Sealcoatinq - South Center Street Mr. .tim Buege Ramsesy a Center Streets I am in favor of having the street sealcoated, but it seems that part of it is uncder gravel. City Engineer: It will be cleaned up before we sealcoat it. Mr. fauege: Can anything be done about the drainage? City Engineer: The planning is in the wind - we hope it can be done next year. Sealcroatinq - South First Street No one appeared for or against the sealcoating of South First Street. Sealcroatinq - South Second Street Vacili Ealinoff 712 Mouth Second Street By art means, go ahead: I also have 100 feet on Third Street - by all means do thnat: • (March 30, 1965-continued) e 1(;3 e • • Sealcosatira - North Sherburne Street Mr. Haarry Swanson 317 Noarth Sherburne I agreee with Vacil - let's go ahead. Eat 66 West Hancock Street - sealcoatinq Mrs. ;Wilbert Kniebel 1017 Saauth Seventh Street We aree not opposed to sealcoating of Hancock Street, but why leave one lone block in there? We don't want to eat any more dust off that street: CounciiLman Nolde: I got a call from a man who just bought a home there - he was al!L in favor of going ahead to fix that street. Mayor .Charlsen: Ron, on Hancock between Seventh and Holcomb, do you have to put in: curb and gutter? City Engineer: Yes. Mrs. Kriebel: Why? No other street around there has it. That salt you put on last year was for the birds - it only lasted about two weeks. I can't see why yovu have to leave that one block: Councilbnan Powell: I would like to ask the engineer if it would be possible to pave that street without putting in curb and gutter, with the property owners knowing that without curb and gutter this may tend to cause it to break up on the edoges - if they knew that and still wanted it put in that way. City Engineer: You are increasing the maintenance cost. It is our intention to haves curb and gutter on all streets in the future. Mrs. Kriebel: Until you do, you had better do something on that street; you have thie school property and they aren't opposing - you have two new homes in there and I am sure they wouldn't oppose it. Mayor Cbarlsen: How much would it cost to put in blacktop without curb and gutterM City Engineer: I would have to check it. Building Inspector: Some time ago we put in blacktop without curb and gutter on our street and it was the biggest mistake we ever made; we can never have a decent boulevard there. Mrs. Kriebel: There is no room for a boulevard on our street anyway. Building Inspector: I just stated a fact that for a few dollars more per front foot we could have had concrete curb and gutters. Councillor Powell: Mr. Mayor, I move that the City Engineer be instructed to draw pliers and give an estimated cost for blacktopping the street between Seventh and Holccomb, without curb and gutter. And also that the people requesting it know that this is being done and the possibility of its breaking up could happen - this iss not being done according to the way it should be, but because this is a speciall case we are doing it. Councilunan Peterson seconded the motion. The Eng6Lneer is to report on the estimated cost on April 6, 1965. Mrs. Kn:debel: After thirteen years:: Councilnnan Nolde moved that the Council vote on all streets proposed to be resurfaoced; Councilman Peterson seconded the motion. • • IH4 • (March 30, 1965-continued) Councilman Peterson: I move resurfacing be done on streets as advertised. Councilman Nolde seconded the motion. (all in favor). Councilman Peterson: I move we vote on all streets proposed to be sealcoated. Councilman Nolde seconded the motion. Councilman Powell moved that sealcoating be done on streets as advertised; Councilman Peterson seconded the motion. (All in favor). CITNW ADMINISTRATOR'S REPORT Mr. Brower: I would like to report on the proposed Myrtle Street improvement from Fifth Street to Owens Street; you will recall at the last regular meeting I recommended that a hearing be held on this project on April 6. 1965 at 74s30 P. M. After discussing this further with the Engineer I have come to the conclusion that it probably would be wise to schedule this project for the 1966 or 1967 season for the following reasons: 11. We do not have sufficient State Aid Funds to complete the project duri:.ag 1965, and to do a piecemeal job would cost considerably more money. 2.. To engage consulting engineers would cost about $16,000. If we scheed-ale the project for 1966 or 1967 our engineering department would have suffiicient time to do all of the engineering required; this would effect a savimq of about $6,000. 3., The eng:aer informs me that we can do a satisfactory patch job for aboutt $2,000 with the new equipment recently purchased for street patching. 4_. We do not have an estimated cost of the project to meet the requirements of the State Improvement Code; this figure will not be available until a pre- liminary survey is made. Thereefore, I would recommend that the Council rescind its action taken at the last regular meeting relative to the public hearing for proposed Myrtle Street improovements. Mayon Charlsen: I am inclined to go along with this in that we will get the wholee job done at once. Counc_flman Peterson: As long as the street can be fixed by patching, I would be inn favor of waiting if we can get more money. Counc:Llman Nolde: I would follow the recommendations of the City Engineer and the c:Lty Administrator. Counc,Lbaan Powell: I am going to go along with it although I think we are being; somewhat inconsistent. You talk about $2,000 to patch it - it could very .well go to $4,000. On motion of Councilman Powell, seconded by Councilman Nolde, the previous actios'a taken regarding hearing on Myrtle Street reconstruction was rescinded. Adminiistrator: I am pleased to report that Fire Chief Lawson has consented to assiset in the Building Inspector's office during the absence of the building inspector due to revaluation of real estate in the city. As reported before, the buoilding inspector is part of the four man team making the revaluation. I certaiinly appreciate the cooperation I have received from the Chief in regard to thi.is. (March 30, 1965-continued) • I (i 5 • • Administrator: As reported at a previous meeting, our assessor has resigned effecttive April 1. 1965, due to ill health. After careful consideration, I feel tthat the offices of Building Inspector and City Assessor are compatible and with this in mind I authorised our building inspector to attend the Assessor's School, conducted by the University of Minnesota. I have every reasorm to believe that he is capable and qualified to handle both positions, and I: also believe the public will be best served by combining the two offices. At thsis time, I strongly recommend that the positions of Building Inspector and Assessor be combined and placed in charge of one official - Charles Thompson. If thee Council feels that my judgment is sound and for the best interest of the citizsens of the city. it will be necessary to pass a resolution approving his appoiintment as Building Inspector and Assessor. This is on a trial basis - it is orniy fair to Mr. Thompson and to the Council; this action can always be resciinded. (See Resolution) I haute also received notice that Mr. Thompson has been certified as an electrical safety engineer by the International Association of Electrical Inspectors. TMe Oath of Office was administered to Mr. Thompson at this time. Administrator: In connection with this, since the appointment of your city administrator, Mr. Ehlinger has had charge of the Building Inspection Department; now, of course, Mr. Thompson holds the status of city official. which he didn't before. I would feel that this is now a position where Mr. Thompson would be accocsmtable to the administrator and through the administrator to the Council. Mr. a/Jenard Blekum, our recreational director, has been working temporarily as a memiber of the four man revaluation team. I have found it necessary to relieve him oo£ this extra work now because there is so much to be done in connection with our steamer recreational program. I certainly appreciate the cooperation I have receiived from the engineer, who is Mr. Biekum's immediate supervisor. In orrder to fulfill our obligation to the County to furnish two men for the team, I hamlet! hired Mr. John Clarey to replace Mr. Blekum. Mr. Clarey is a retired army officer and has agreed to work for the City at a salary of $320.00 per month, which will supplement his government pension, (Sees Resolution) Administrator: Mr. Elliott, Manager of the Northern States Power Company, called and informed me that N.S.P. is desirous of acquiring or leasing land owned by the. City of Stillwater in Oak Park (City's gravel pit). N.S.P. would use this land? to erect a transmission line. I discussed this with the engineer and he infoommed me that this lane is now used for storage purposes and also to mix bituuminous material. He feels the land is too far removed from the city's street actiivity and would prefer land more centrally located. I would recommend that the Council consider the sale of the land to N.S.P. providing that another suitable site can be purchased for the city's use. Cityy Engineer: I would like to recommend to the Council that we sell that property if wee can do so at a reasonable price. All we use it for now is to store a few things. Maycor Charlsen: How much land is involved? Engiineer: About three acres. If we can sell it, I think we should. Admiinistrator: Before the city can sell it , it must be appraised. Maycor Charlsen: I don't think we can take any action on this until we know how mucht money we are talking about. (refer again on April 6, 1965). • • (March 30, 15945 continued) i.hb • • AdminsLstrator: Councilman Powell and I attended a short course for Councilmen and C:Lty Clerks at the University of Minnesota on March 22, 1965. Part of the sonogram was devoted to difficult problems that arise from time to time in municipal government. Five persons from the audience were called to sit in on' a "Council" to try and solve the problems presented; Councilman Powell was one of those selected, and I am pleased to report that he did an out- standBLng job so far as parlimentary procedure is concerned according to comments made :by Professor Miller. On mootion of Councilman Powell, seconded by Councilman Nolde, the Fire Chief was authorized to send two men to the Minnesota State Fire School, to be held on time St. Paul Campus of the University of Minnesota on April 26th through the 2.9th. Administrator: Mr. Harold Pauley has requested a deed from the City affecting propeerty in connection with the vacation of John Street some years ago. He would6 like a deed affecting Lots 1 through 6 in Block 21, MCRinstry a Seeley's Second Addition. I would like to suggest that the matter be referred to the City Engineer and the City Attorney, and that a deed be prepared conveying this part of old vacated John Street to Mr. Pauley so these lots can be used for beailding sites. Councilman Nolde: I move we give Mr. Pauley a deed for that land for $1.00 and o-.ther good and valuable consideration, and that Mr. Pauley prepare the deed :and have it examined by our City Attorney. Also that all people living on notated John Street be given a deed to clarify the records. Councilman Powell seconded the motion. (All in favor). Admin::Lstrator: The City Engineer and L have discussed the natter of possible flood:gag of some of the downtown area due to heavy snow along the St. Croix River.. The City Engineer will contact the Corps of Engineers on March 31st and inquire if they have revised the flood warning for the area. It might be necesssary to purchase sand bags to protect the manholes, diversion structures and 1:ift stations, also some of the buildings and basements in the area. I would like to suggest that the businessmen be warned of possible flood con- ditions. Counc_11man Nolde: I move we give power to the City Administrator and the City Engineer to protect the downtown area in the event of floods. Councilman Powell seconded the notion. Mayor Charlsen requested that the City request a daily report of flood con- ditions from the U. S. Weather Bureau. After a lengthy discussion, on Motion of Councilman Powell, seconded by Counciilman Peterson, Mr. Lee Elliott, a street department employee. was sus- pende& for a period of thirty days for failure to report to work during an emergency (snow storm). Councillman Nolde was opposed. • • • (March 30, 1965-continued) 1!) MISCELLANEOUS Councilman Nolde: I don't want the Chief to think I am taking after his depart- ment. but when the police received increases in salary it was agreed that all they would do is work as policemen - you can't have a man driving a tow truck or an ambulance: Chiilef Roepke: Explain yourself more fully. Cou:mcilman Nolde: Fredrickson works for Stillwater Motor driving the tow truck; two of your men are driving for the Stillwater Ambulance; if we are going to folllow policies, we have to follow them all the way: Adnministrator: I am glad that this was brought to my attention; in the event thee these men are working on another job this must cease immediately. Chiief Boepke: Besides driving the ambulance during emergencies, they do not have other jobs, and I believe this was cleared through the Administrator's off'Lce. Admeinistrators Tomorrow morning I would like to have your men get together and we will get this straightened out. Councilman Powell: I talked to the Chief about two weeks ago about 'snowbirds' being parked at the Erickson garage and he assured me they would be moved... Chief Roepke: They are all moved now. Admiitnistrator: We are starting to work on an ordinance now, to be ready for next/ year, whereby the police will have the authority to have these vehicles towed. We are also working on a new plan for snow plowing. Admiinistrator: The Engineer states, in a written report, that it will be neceassary to hire a new man to operate various trucks and machines; the Engineer and the street foreman will interview some men for the position as soon as possible. He also states that at least four new men should be hired in the street department as temporary rummer help. Admic.mistrator: In regard to the MCKusick Lake Dam, the engineer suggests it woul..d be better to hire a private contractor to endeavor to haul fill material into • the low part of the dam rather than do this work with city forces. Be stat•as he does not believe the city crews will have the time or the equipment to maintain the dam to keep it from washing out. Administrator: Do you think that just filling the dam will be enough or do you thin)* a spillway should be put in? Engineer: Before you can construct a spillway you have to bring the lake up. Councilman Powell: Would it be possible to get permission from the State Conser- vation Department to block off Brown's creek for a year? Engimeer: Not for a year. Administrator: What can we do to comply with the Council's wishes and hold water at a reasonable level? Engineer: I can give you no assurance whatsoever that we can hold the water. Administrator: What do you want us to do about the dam? a 1_68 • (March 30, ]0965-continued) Mayocr Charlsen: All I want you to do is save it: Counae:ilnan Powell: I asked the Mayor if I could talk to Mr. Amundson about gett:tng his property. Mayor Charlsen: Check that and let us know on April 6, 1965. Councilman Powell: At the meeting I attended on Monday, Mr. Hatfield gave a taatk and he proposed that all industrial property should be ped by stet:e assessors, then you wouldn't have local communities competing for industries by not taxing them. Do you think this is a good idea? Buildling Inspector: I would not be opposed to it, but it wouldn't do the City, of Stillwater too much good. Counteilman Powell: I move that the City Administrator be allowed to attend the stational convention of Municipal Clerks and Finance Officers in Denver, for tthree days in May, with all necessary expenses permitted. He expressed a desaire to go. Councilman Nolde seconded the motion. (All in favor). On motion of Councilman Nolde, seconded by Councilman Powell, it was decided to investigate the matter of acquiring some sort of name plates for use by the Council members in the Council Chambers. Administrator: The Engineer reports that a 500 gallon tar kettle is available to thee City - a used one with new pumps and equipment; we can buy it for $900. The Engineer will check it out. City .Attorney: A panel has been set up to hear fire department grievances - the haearing will be held on April 12, 1965 at 7:00 P. M. The fire department will start first and then Mr. Brower will be asked to present the City's side. RESOLEQTIONS The foollowing resolutions were, on roll call, unanimously adopted: 1. Osrdering Improvement and Authorizing Clerk to Advertise for Bids. Local Improvement No. 42) 2. A 'pointing Building Inspector and Assessor (Charles Thompson) 3. Approving Employment (John Clarey) 4. Authorizing Conveyance of Land (to Harold Pauley) ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Powell, the meeting adjourned at 11:24 p. m. Attest:: I Mayor Council Chamber Stillwater. Minnesota April 6, 1965 7:30 P. M. Regul..0 Meeting The Meeting was called to order by President Charlsen. Openiing prayer by the City Clerk. Present: Councilmen Nolde, Peterson, Powell, and President Charlsen. Absent: Councilman Iverson On unction of Councilman Powell, seconded by Councilman Peterson, the minutes of thfie following meetings were approved: Reguilar Meeting Specihal Meeting Specinal Meeting Requiter Adjourned Meeting March 9, 1965 March 11, 1965 March 12. 1965 March 16. 1965 4:30 P. M. 4:30 P. M. 4:30 P. M. 4:30 P. M. APPLIICATIONS On mention of Councilman Powell, seconded by Councilman Peterson, On and Off Sale 3.2 Beer Licenses were issued to Patrick E. White, 603 W. Churchill Street, on thlie second reading of the applications. On motion of Councilman Peterson, seconded by Councilman Nolde, On and Off Sale 3.2 Beer Licenses were issued to E. James Meister, 901 South Fourth Street, on the second reading of the applications. From .Arnold Deno, 215 North William Street, for an Off Sale 3.2 Beer License. (carried over to next regular meeting of the Council due to location in a resiodential area). On motion of Councilman Nolde, seconded by Councilman Peterson, a Junk Dealer's Liceanse was issued to Harry Thompson, Bayport, Minnesota. On motion of Councilman Nolde, seconded by Councilman Powell, a Soft Drink Licennse was issued to Thomas W. Curtis, Jr., Curtis Caves, 414 South Main Street. COMMUNICATIONS From Robert Hagen, Chairman of the Stillwater Planning & Zonong Commission, reporting on Commission's March 29th meeting as follows: 1. Because of poor attendance and the fact that the one new member for a one-year term has not yet been appointed by the A_i0 (April 6, 1965—continued) . • CitCouncil, we did not elect officers for this year. However, we expect to get this necessary business out of the way at our Aprtil meeting. 2. Amendment to Subdivision Control Ordinance - commission agaves that the City Council has the power to amend the sub- division control ordinance with or without Planning Commission remommendation. Buildingg Inspector: That is not properly worded; under the Subdivision Control Ordinance, the Council has the right, period. 3. Joseph O'Brien, West Anderson Street - requests garage non- conforming permit. Mayor CH6arlsen: If this garage were a one car garage, would it conform? Buildineq Inspector: Yes. Mr. O'Brien: I have two cars. Last night I called my neighbor, Mr. Dietz: he said the would be here tonight if possible; he was going tobehere and discuss an easement. Buildineq Inspectoza He conferred that same thought to me; he would not be adverse to giving you an easement. An easement would prohibit your putting any buiI/dings on it. I might say there is approximately fifty feet between Mr. O'Brien's building and Mr. Dietz's building. The garage would be eighteens inches from the west property line. Councilman Nolde: I move the permit for the O'Brien garage be granted subject to the ogranting of an easement. Councilman Peterson seconded the motion. (A11 in favor). 4. Dave Wolf - apartments in Salem Church request...After much dis- cusesion concerning the amount of space that is required by the ordinance forr an eight apartment unit, and the necessary off street parking reoquired by the ordinance, we recommend the request be denied as space avaailable is so short of what is required, and suggest Mr. Wolf review thee ordinance to see what it would permit. Mayor CHharlsen: Mr. Thompson, how many apartments could he put in and still conform: to rules and regulations? Buildin..g Inspector: A duplex. I wish that the Council would take a few minutes: and review the sketch. Mr. Wolf is here and he will speak in his owr behalf. Mr. Dav:dd wolf: I am asking for a non -conforming permit. The building is so large, :it is just a shame to waste it. I didn't realize the conditions when I bough -it its of course, that is no excuse, but if you could see your way clear to do i-.t...I would have to have enough apartments to break even. It would be putting; the building on the tax rolls and improve the looks of it. The town could u:me a few more apartments. Councilman Powell: I would like to ask the City Administrator to read that portion: of the Planning Commission's letter again. Building Inspector: That is a multiple family district; each apartment requires 2,700 s.:ruare feet per apartment, plus 180 square feet per apartment for off street /parking; he doesn't have enough room. That is what the Planning Commiss:ion based its recommendation on; however, something to take into consider- ation, :and I am speaking for myself, is, we have a building there that is usable. It's go:ing on the tax rolls the first of May whether it's remodeled or remains the way.it is. I feel that the decision to be made on Mr. wolf's request is - do you :feel on that location that his proposed plan would be objectionable or detrimeantal to the surrounding property owners? • • (April 6, 1965-continued) 171. a • Mr. woI1i; One of them is not objecting - Mr. Crimmins is very much for it - he is might across the street. I don't know how much you have considered, but if you can remember any other large apartment buildings - hardly any of them have loe area that this ordinance requires here - it seems a large area to requestm. Councilman Powell: My feeling is that I would like to see an apartment being built tthere, but by the same token I would like to more or less follow the recommendations of the Planning Commission. Is there a possibility that we could dielay this until the next regular council meeting and maybe discuss it with tine Planning Commission. My feeling is that you are going to have less congestion with eight apartments than you had with a church. Mayor Charlsen: If you go ahead then you will have four requests in here within a week Eor others... Buildin•:g Inspector: Yes, but this happens to be in a multiple dwelling area and thee others are not. Councilman Nolde: I feel it would be a good thing for the community with eight apartmemnts there it you had parking facilities; if you don't that would be my objectioen, Councilman Peterson: If we were to grant this with that one clause, what reason would yeast have to deny others, other than multiple dwelling? Councilman Nolder Each problem in the City is different and we have to solve them as they come up. Councilman Powell: Would it be possible to get more property? You could lease that adj,jnining property. Mr. Wolf!: I tried that, but the present owner will not consider it. I have worked ono this for so long I am getting tired of it. I know it's asking a lot, but it's; going on the tax rolls. I have got until May 1st. City Administrator: What is the Planning Commission's feeling so far as the location is concerned? Are they taking the square footage into consideration? Building Inspector: They are not objecting to an apartment building; the only thing is they realize there will be more requests made for this type of building - multiple dwelling is three or more. Councilman Nolde: What about the other property owner; have you talked to him? 1 am not against the apartment building, but I would feel very bad if we approved this and he stepped in to stop it. Mr. Wolf= 1 have never mentioned this to Mr. Bilty. If you approve it, why don't you: make it contingent upon his not objecting? Mayor Chamrlsen: X would recommend that it be carried over to the next adjourned meeting and before then you can give us some idea. When we start over-riding the ordinances, which we have done in a couple cases, we are just letting ourselves wide open: for criticism from every angle, and one of these days it's going to end up in court. It must be given some very careful consideration before a definite committmenat can be made. Councilman Nolde: I would like to make the motion that we approve it subject to the ape:royal of the property owners - you would more or less have to get something in writing. There was no second to this motion. Councilmarm Powell: I suggest that this be carried over until the 20th of April; in the meaentime the Building Inspector can talk to the Planning Commission and find out wuhat their recommendations might be and what conditions they might set up. Approoval is contingent on more than just what the property owners might say; given more, time, the Planning Commission can come up with a solution. • 170 • (April 6, 191465-continued) r • • 5. Don Simonsen - non -conforming permit request to change use from tavern to gift shop (Brown's Creek Inn) Believing this request will result in an improvement of land use, we recommend request be approved. On section of Councilman Powell, seconded by Councilman Peterson, the non- conforming permit was granted to Mr. Simonsen. Counc:Llman Nolde: Does he have to get permission from the highway department as faur as traffic going in and out of there? I was just wondering if we had to goo further into this before we grant the permit. Buildting Inspector: I don't know; I would think it would be up to Mr. Simonsen to di..scuss this with the highway department. Councilman Nolde was opposed to granting the permit. :6. M. Swager - request to build on non -conforming lot at Fburth ilvenue South. Ilecause many platted lots in our City are smaller than the new ordinance requires and we don't want those lots kept vacant and ;perhaps revert to the City for taxes, and because the building ;proposed would conform with side and front and rear yard require- nnemts, we recommend the request be approved. On mottles) of Councilman Powell, seconded by Councilman Nolde, the permit was granted to Mr. Swager. 7V. Herb Peterson - request to replat Lot 25, McKinstry & Seeley's AAddit Son. Moaner requests_germission to replat area into seven lots, all of wi:hich would a€a` requirements, but four of which would be a few i:.aches short of frontage requirements. we recommend the request boa approved because construction of homes is desired. On mot::ion of Councilman Peterson, seconded by Councilman Powell, the request was granted. From tithe firm of Neumeier, Rheinberger, Eckberg & Kimmel in regard to Court decree - vacation of Birch Street in Oak Park. (St. Peter's United Church of Chriist) Administrator: I requested that the Church Board furnish the Council with a copy oil this decree; it is just proof of the action. From Loocaine Jewell, Clerk of St. Joseph Township, expressing thanks for the many years of service rendered to their township by the Stillwater Fire Departmrent Councillman Powell: Does this mean they no longer need our services? Adminis-:trator: I will acknowledge receipt of the letter and check it. From Vinnce Hammen, Stillwater Evening Gazette, in regard to city float. Mr. Hannan reported on the float fund and suggested that the city council appoint someone familiar with float decorations to co-chairmen the float committee for • (April 6, 1965-continued) 1 73" the year: he nominated Councilman Powell for this position. On :motion of councilman Peterson, seconded by Councilman Nolde, Councilman wilIliam Powell was appointed to co-chairman the Float Committee for 1965. Froze the League of Minnesota Municipalities in regard to nominations for the C. CC. Ludwig Award. Councilman Powell suggested that this matter be given some consideration and refeerred to again on April 20, 1965. Fromm the St. Croix Barge Terminal Co. in regard to tonnage moved over the dock durillng 1964. (20,000 tons at 50 per ton = $1,000; 2,417.97 tons at 40 per ton -= $96.72; Total: 22,417.97 tons at $1,096.72). Copyy of letter from City Attorney Phil Eastwood in regard to adjustment panel - fires department employees. (Notice of first meeting of adjustment panel to be held) Monday. April 12. 1965, at 7:00 P. M. - City Hall). From, the St. Croix Valley Area Chamber of Commerce regarding settlement of park::ing facility assessments which were appealed. Administrator: Mr. Bliss is quite concerned about his parking lot assessment; he brought the matter to the attention of the parking committee; he called yectetrday and inquired what was holding up the settlement of these appeals. I told him we would wait until we received recommendations from the parking commidttee: 1. The Kelinoff property which houses the St. Croix Drug Company to be assessed on the Main Street frontage only. 2. The Bliss property which houses the Singer Sewing Machine Company to be assessed on the Main Street frontage only. 3. Other properties involved to be assessed at $7.00 per foot frontage. Mayon Charisen: Who is going to pay the difference? Administrator: This is a good question - there was no mention made of this at all. i asked them what their recommendations are so the Council would have something on record. Councilman Nolde: I would like to make the motion that we instruct the City Administrator to send a letter back and ask if they are willing to recommend anothner method of raising additional money to offset reduction and ask them where, they expect us to get this additional money. Councilman Powell: All you are doing is passing the buck - they have sent us a rec.:ummeldation that is hard to work. Many properties were assessed on both sides: of corners that have not objected. I would like to ask the City Attorney his f.'teling on this. If these cases are tried or settled out of court in some manner' other than prescribed by the Chamber of Commerce, does this entail a lot of work or are we going to run into anything as drastic as this if we let them sue? City Attorney: I can't tell you what a judge would do - we would only know after they tattled one case. • • 1 74 (April 0, 19oa •aoncanuna; Councilmen Powell: It seems to me that we set a figure of what we thought would bee fair if we were to negotiate. Mayor Crearlsen: -Only two or three legally can ask for relief. Administtrator: This is the final recommendation of the parking committee. I take in the Council feels this is not a fair way to settle it; the Council should now decide - do you want to settle any of these claims out of court - if you dde you should call on the committee again; if you don't you should instruct: the City Attorney to proceed. I don't think the City Attorney has taken any definite stand on this. I don't know how he feels about it, but I think. it might be wise to try and settle these out of court. City Attoorney; Yes; they could qualify that parking committee as so-called experts:... Council;.nan Peterson then seconded Counc'lman Nolde's motion. (All in favor). Counci ltman Nolde: I recommend that we go to court on the St. Croix Drug and Bliss properties. As far as the manufacturers are concerned, I would recommend that wee give them some reduction; Iwould recommend that we go to court, but I would) wait until we get the report back from the Parking Committee. (Refer again on April 20, 1965). PETITIONIS (out of order) Petition, for Annexation - St. Peter's United Church of Christ (originally presentced on August 11, 1964). Administrator: It would be wise to have a plat showing the sewer and water lines, sire of building, etc. On moti•.on of Councilman Nolde, seconded by Councilman Powell, it was decided to have, the first reading of the annexation ordinance at this meeting. Administtrator: It has been suggested by the Building Inspector that any changes: be submitted before the second reading of the ordinance. Before going any further in this matter I wonder if the City Engineer would tell us what he would like in connection with this annexation. City Engineer: There is nothing I can see showing sewer and water connections, drivewaayse elevations, etc. Do you have construction plans? Mr. Berndt Mahn: No; I have a surveyor's plat. Administrator: The reason for making this request, not only in this case, but in all future annexations, everything should be in before annexing - sewer and wetter, etc. This is only fair to the people asking for annexation. (Seccndj reading of the ordinance scheduled for May 11, 1965). CITY AIIlCNI STRATOR'S REPORT Mr. Brewer: As requested, the City Engineer has prepared and submitted a report on the estimated cost for surfacing West Hancock Street between South sevenths Street and South Holcomb Street. (total estimated cost $1,601.15). Mayor abarlsen: Will that hold that school bus traffic? City Engineer: No, sir. Chief Reoepke: There is no school bus traffic on Hancock itself; it is the school children and their private vehicles going along that street. (April 6, 1965-continued) 175� • r+ Mayon Charlsen: Will this hold up for thattraf£ic? Abe City Engineer: I can make no guarantee without concrete curb and gutters. City Administrator: Do you think this project is feasible? City Engineer: I think I'll take the Fifth:: Administrator: The Council has the last wordy if you haven't received a feaa:Thility report from the Engineer there could be some problem along the way its far as assessments. City' Engineer: Do you mean by feasibility it is feasible to put in this street in tlhis manner (without curb and gutter) or this project in this location? Administrator: In this manner. City. Engineer: It is feasible for this project in this location. (seaming on surfacing of Hancock Street to be held on May 11, 1965). Administrator: Mayor Charlsen informed me this morning that Howard Albertson has :invited the Council to meet with him at the State capitol on Friday, April 9, 15965, at 8:00 A. M. for the purpose of discussing the proposed bills in connection with the Municipal Court, and other proposed legislation. (Room 304). The Wayor and I are wondering if this is a wise thing to do. He feels he should be Mere. Mayon Charlsen: They have no record with the County Board of our turning down the groposed County -Municipal Court bill; we sent them nothing. We have on our books: minutes showing turning down the plan - they should be on the books of the County Board also. They asked a reason for it and I stated that the Council felt that the present court system was affective and had been affective since 1894_. It is not costing the City any money; even the basic cost of a County- Muniaipal Court would cost the City in the neighborhood of $3,000. We are not fdmterested in formation of a county -municipal court. They understood and agreed that in our place they would probably have to look at in the same manner, but hocking at it from a county basis the county would have to be in favor. I feel' we should be represented at this meeting. We have stated our position and are tixm in our belief. and no one has shown us any different. Nothing I have seen so far will make me reconsider how we feel. If the question comes up, we shoulld restate how we feel about it. I have asked the Administrator to get a copy of these minutes and send them to the County Board. Administrator: We passed a resolution here at our last regular meeting fixing the salary of the municipal judge - we turned it over to the senator and two repreesentatives, and to the Board of County Commissioners; I understand it was read today. As it stands now, the bill is dead. Even if the county Board goes on reword favoring the County Municipal Court bill, if a resolution is not receilved from the City Council favoring the bill it will not be handled - it's dead_, By the same token, if the County Board does not pass a resolution favoring the aesolution passed by the City Council. it's dead. It would seem to me if we agpeared at the capitol it might put us in a position under pressure - we might! want to compromise. Mayon Charlsen: How can you honestly say that?: City Administrator: Front twenty-one years of political life. Mayon Charlsen: This isnot a legislative hearing; this is a meeting to explain to mum local representatives our feelings on the matter. Councilman Powell: I believe that if we went over there, and I am inclined to belieeve it would be a good idea to go, we are legislating here for the City of Stilllwater and nobody else. Because of the fact that it's going to save the City moneyy we have no alternative but to go with that thinking. • 1 lnNa as .,, • • Councilman Fieterson: At this meeting today, did the County Commissioners agree that tthey could see our thinking on this? Mayor Charisma: They say we are out of our minds thinking they are going to pick up tithe tab of $5,000 for the judge's salary. Councilman 1Nolde: I don't think there is any reason for the Council to be at the capiatol and discuss this bill any further. Councilman !Powell: Are you afraid that you are going to change your mind? Councilman 'Holds: I don't think I should waste any more of my time going over to the: capitol: Mayor Charl-.sen: I will be there - City Administrator will be there - Councilman Powell: If they invite attending. what you fellows do is up to you. And the at 8:00 A. M. on Friday morning. us then we should extend the courtesy of Councilman Nolde: There are many more things we can do if we want to con- tribute our. time to government. Councilman Peterson: I will not be there - it is April 15th in nine days. Councilman Nolde: I will not be there - I will call our representatives and inform the® why I am not going to be there. Administration: You gentlemen will recall that we received a petition to annex property loccated in Oak Park - the persons that signed the petition have informed um that they plan to construct apartment buildings on this land if it is annexed.. An ordinance annexing the land has had a first reading - after meeting witch the Building Inspector and the Engineer, it is our opinion that complete pl0ans and specifications should be submitted by the petitioners before the Council0 proceeds with a second reading of the ordinance. Also, to keep you gentlemen informed in regard to the proposed annexation, notice has been received to the affect that Oak Park Township is objecting to this annexation and hearinem vill probably be held in the matter by the Municipal Commission. Mayor Charllsen: we will hold up on the second reading of this ordhance. Administra+:tor: Mr. Harvey Moelter stopped at the office on April 1st and informed m•s that they plan on moving their operations from Oak Park to a site in Bayport., and that the land, garage building and offices located in Oak Park are now fox sale. The Engineer and I viewed the land and the engineer feels this location would be ideal for use by the City for the purpose of mixing bitumi- nous material for street work, and the present building could be used for a shop to regpair city equipment. The office could be used by the street foreman and at some future date an addition could be constructed to house all city equipment. You will recall that N. S. P. is desirous of acquiring land owned by the Cit!:r and, in the event the Council decides to sell this land to N. S. P. the Counci..L should consider the Moelter property. The asking price for the facilities: is $30,000. I would like to suggest that the Council view this property at an early date. Councilman: Nolde: Al Ritzer called me; he has a building north of Stillwater and fifty -.five acres of land: the building is eleven years old - his asking price is Sa7.000. This should be considered also. • • Administrator: Complaints have been received about people burning rubbish dangeerously close to buildings and they requested that some action be taken. Fire Chief Lawson: There is no ordinance covering burning; we go by the State code.. Trash barrels should be fifteen feet from any building. councilman Nolde: I think the dump should be opened on Sunday. For the little bit col money it was costing us to run this dump, I can't see closing it. Councilman Powell: There are many people complaining about the dump. Do you think* it would help to publish the hours again? Admirmistrator: We will do this, and explain why it was done. Admi.nnistrator: A request has been received for some type of sign near Pioneer Park warning southbound traffic on North Second Street to approach with care to prote of children crossing the street in the area. With your permission I will order a proper sign erected at the location. On motion of Councilman Nolde, seconded by Councilman Powell, the above recommendation was accepted. Administrator: As you gentlemen know, your Administrator is a member of the Public Employees Retirement Association Legislative Committee; we now have bills pending in the legislature which I believe would improve our retirement plan. The ptroposed bills are: S. F. 377 Savings Clause H. F. 489 S. F. 379 Buy Back H. F. 494 SS. F. 378 Salary Limitation H. F. 488 These bills have a very good chance of favorable action, but I would appreciate the pasesage of a resolution by the Council favoring the passage of this legis- lation. (See Resolution) Administrator: The City Engineer, with my approval, has hired Mr. Richard Raboina to work in the Street Department; he has been hired with the understanding that hse is on a probationary period - in other words for the present he is on temporary employment. Admini:.strator: Mayor charlsen, Mr. Henry Amundson, Jack Shelton and I met at the Mcltusick Lake Dam site on Saturday, April 1, 1965, for the purpose of discusssing a plan or plans to hold the run-off water in Lake McKusick. Mr. Amundsoon stated that in his opinion the water could be held in Lake MoRusick by an eartth dam extended Northwest to higher ground in the area. All present agreed this probably could be done, and Mr. Amundson agreed to give the City the number of feet of land regdred. A lengtthy discussion was held at this time regarding the "Brown's Creek" area for park purposes. The question was asked of Mr. George Kutz if he felt the City should stay oat of it alltogether and let the County buy the property; Mr. Kutz reeplied, yes, but that the City of Stillwater should 'push it'. e • Administratmr: The portable radio ordered some time ago for use in the Police Department has been delivered, and I have asked the Chief to demon- strate the uanit for you. This portable unit will be carried by foot patrolmen s® they will be in contact with the squad car at all times and also the base station. The Chief feels this will give the squad unit more flexibility_, UNFINISHED IBUSINESS The City Attorney reported that the "Garret", located on South Third Street in Stillwat.tr was not in violation of the ordinance in that the sale of artificial :Flowers was a customary home occupation. The foliowi:.ng items are to be carried over to the next regular meeting of the Council.: Report of F4Lre Department operations for the months of January and February, 1964. Operational Report covering the year 1964 - Waste Treatment Plant. Notice of C::Laim from Wayne A. Curtis; claims damage to automobile. A Copy of claim waas mailed to the City Attorney and the Krog Agency on February 15, 1965. Financial Statement of the Board of Water Commissioners for the year ended December 31., 1964. ORDINANCES On motion o,f Councilman Nolde, seconded by Councilman Powell, the clerk made the first reading of An Ordinance Determining the Annexation of Certain Land to be in this Best Interests of the City of Stillwater and of the Territory Affected annd Declaring Same to be Annexed to the City (St. Peter's United Church of CCmrist). RESOLUTION 1. Directiing the Payment of Bills 2. Resolution Ordering Hearing on Street improvement and Preparation of Plants and Specifications. 3. Approvi_ag Legislation - PERA ADJOURNMENT? On motion of Councilman Powell, seconded by councilman Nide. the meeting; adjourned to April 20, 1965. This meeting closed at 11:27 P.M. a 4bielYOr Attest: City Clerk • • Council Chamber Stillwater, Minnesota April 9, 1965 7:15 P.M. Special Meeting The meetaing was called to order by President Charlsen. Present:: Councilmen Iverson, Nolde, Peterson and Powell, and President Charlsen. Absent: None Mayor Charlsen: The meeting tonight is an emergency meeting due to the predicted flooding, of the St. Croix River and possible flooding of the downtown area - some action s:should be taken. We half -way decided what to do this afternoon, but we want to .get the o.k. of the Council. The Engineer is of the opinion that a dike should Me built from the North end of the state highway property south to the barge terminal. Councilman Nolde: Have you given any thought of what it might cost to do this? Engineer:i t haven't had a chance to get distance of how high it mould be. I did call Bud Moelter - if we use his trucks and loaders he will Bell us the sand for 100 as yard - he has to pay N.S.P. 100 royalties. Mayor Charlsen: Get hold of N.S.P. and see if we can get the sand free of charge. Engineers: Moelter has two big trucks that would cost $12.00 per hour: the single axel trucks about $7.00 per hour, and the loaders from $16.00 to $20.00 per hour. He says alley will work around the clock if they have to at no change in the price. Councilmann Peterson: Is there any possibility of getting trucks from the Guards? Administaators We tried that - the only way the guards will come in is when an emergencyy exists. Councilman Nolde: Has anybody talked to Major Moeglein? Administrwator: Major Smith says the only way we can get help from them is if an emergencyy exists - we could contact the governor. Major Charrlsen: Call governor Rolvaag. Councilmen Peterson: Will the County go along with this? Engineer:: I think they will probably be busy with their own problems - in Bayport, etc. Councilman Peterson: Most of the damage that will be done will be done here. It seems strange that we couldn't get some guard trucks. Engineer:: They've got part of Minneapolis and St. Paul to worry about and all points down the Mississippi. Councilman Nolde: There will be a lot of ice coming along with it. Councilman Powell: Do you suppose it might be a good idea to ask Mr. Cafferty to come down , here? Councilman Holds: Do you think we would spend $10,000.00? City Engineer: I would say so, yes. Moelter came up with an idea - he is on standby fax Maple Island and Stillwater Motor - maybe some of the businessmen would help; pay for it if we save their businesses for them. MCKusick Lake Dam is gone, ximcidentally, it went last night. (April 98, 1965-continued) (18U Thine City Administrator returned to the Council Chamber after having tried to coontact Governor Rolvaag; he reported that he could not contact the governor, bunt found that Mr. James Rice, the governor's assistant was the man to contact - Mr'. Rice was also out at this time. Ci .ty Attorney: How can we get some money out of these merchants to help pay for this dike? Com/mailman Holds: The Stillwater Chamber of Commerce should get the merchants toegether. That City Administrator contacted Mr. Lay of the Chamber of Commerce and told hina that if the merchants wanted to be protected from flood waters they should contribute part of the money. Couuncilman Peterson: They should pay at least half - they are the ones directly benefited. Their basements are going to flood, but if you put in a dike at least pecaple can still get to their businesses. Manor Charlsen: As far as you fellows are concerned, you have no objections to our putting in a dike? Councilman Nolde: If the businessmen downtown will cooperate, no. Councilman Powell: Do it anyway. Mayear Charlsen: Shall we go ahead with the dike? (all! councilmen were in favor of proceeding) Administrator: Our legal advisor states that in an emergency we are allowed to spend public funds for this purpose. Cityy Attorney: There is nothing that says you can't levy over and above the legael limit. (Mt. Henry Amundson called the Council Chamber at this time) Administrator: Mr. Amundson thinks he might let us have some sand. Engineer: His sand is not too good - it is nothing but dust. Administrator: One other thing - Mr. Knapp called - the governor is still interested in our property and they want another resolution extending the option for sixty days. Councilman Peterson: I move we extend the option for sixty days, to include June 9th, 1965. Councilman Powell seconded the notion; Councilman Iverson was opposed. At 7:55 P.M. Councilman Peterson moved that the meeting be adjourned; Councilman Iverson seconded the motion. Mayor •Charlsen left the Council Chamber; shortly thereafter Mr. Jack Lay of the Chambser of Commerce called the Chamber and stated he was on his way; the coun- cilmen, were asked to stay until Mr. Lay arrived - Councilman Powell, as Vice Presicdent of the Council, was then put in charge of conducting the meeting. Mr. Lay arrived at 8:03 P.M. • (April 9, 1965-continued) Councillman Powell: I think that probably our City Administrator can explain; we are in danger of a flood, which you know. Administrator: The City Council feels that something should be done to protect the downtown area. Along with the Mayor and the Engineer, they felt the only thing we could do is put up an earth dike - according to the City Engineer, this will involve an expense of about $10,000 or $12,000 - we couldn't find anything in the Charter that gives us the right to spend money for it and we are wondering if the merchantsmight want to contribute toward the cost of the dike to protect their gproperty. Mr. Lapp: It would be hard for me to say - I think probably they would - I am almost sure they would - it would save a lot of expense, but I am in no position to make: a commitment as to how much. Councillman Powell: The water would probably be over the intersection of Main and Mullberry street... City Addministrator: This will be a prolonged flooding. Engineer: They would give no estimate, but it might possibly stay one, two or even three weeks. Administrator: We may get some assistance from the National Guard and Washington County and we are making every effort to keep the cost down as much as possible - as stetted before, the City Engineer estimates it would be $10,000 or $12,000 to build tthe dike and remove it. The City would go some on this - we probably would be critticiaed if we didn't get some help from the merchants. Mr. Layy: What is the most economical way of doing this? Engineeer, It takes for just one foot of height 500 sand bags - to haul fill is a lot =heaper than to haul sand bags. There might be a possibility if the water keeps raising that we may have to sandbag the face of the dike. Councillman Powell: Could you call Mr. Moran tonight and have a meeting tomorrow? Mr. Layne That is what I was thinking about... Councillman Peterson: They would be able to continue merchandising; Booley's could bow put out of business... Adminisatrator: We do have 7,000 sand bags for around town. Mr. Layy: Bow much cost is involved as far as the merchants are concerned? Engineer: I don't know, but I would say the total cost would be in the neighborhood of $8,0000 or $9,000. Adminisatrator: Mr. Elliott of N.S.P. says there is no royalty on sand involved at all. Mr. Layye Can we be liable for any damage of taking in or putting out? Engineesr: Most of it will be put in on City property - some railroad property, and thee Booley property. Mr. Layne I will get hold of Mr. Moran in the morning and try to get them together and let: you know. Council:.nan Powell: Should we contact Bub Moelter and tall him we checked this out abaeat the royalty and were told there was none? (The .administrator called Mr. Moelter at this time and informed him that N.S.P. said: they were not charging him any royalty for sand) Mr. Lay 1 We will contact you in the morning... 9, 1965—continued) ADJOURMM®NT The meetiang adjourned at 8:20 P. M. law t%iless, Mayor Attest: • • r-, • 183, r+ Council Chamber Stillwatfer, Minnesota April 10, 1965 10:00 A. M. Emergenocy Meeting with Chamber of Commerce. Present:: Mayor Charlsen, City Administrator Lester Brower, City Engineer Ron Ehlsinger, Police Chief Roepke and Fire Chief Lawson. The Council Chamber was filled to capacity; estimated at about 80 Chamber of Commerce& members. Mr. Jack Lay, President of the Chamber of Commerce: I think most of you know what ounr problem is here as far as the prospect of flooding conditions downtown are concerned; it is up to us as merchants downtown to try to do something about this ass soon as we can. The City Engineer has been in close touch with the powers that bee as to what may happen; the police chief and the fire chief are here - you can putt questions to them as to what can be done. We will start off by having the Mayor tell us what is proposed and the background of what has been done. Mayor CCharlsen: We have been getting reports from the U. 5. weather Bureau and they heave notified us that we can expect flooding, with no rain, two to three feet hiigher than in 1952. You that were here in 1952 remember, and the forecast is for two to three feet higher than at that time. The Citty Engineer, Administrator, and myself obtained permission from the railroad companyd to use their easterly track to build a dike on - we would have to start at the hicgh point of the highway property (and proceed south to the high ground of the City prxoperty now under lease to the St. Croix Barge Terminal Ccwpany). The dike, in ordeer to be affective, with no rain, would vary from four to s,x feet in height; the Citty Engineer has estimated the cost for dike construction at $10,000 to $12,000 because we are also going to have to clean this sand out after the eoflt to lood has reoceded. We think in our own minds that this is the only way can save extpense to the buildings downtown - we can't guarantee if it is going to do any gored; the ice has not brokwr. up yet up north, and if that wind comes up we cannot guarantee the dike will hold - nothing will stop ice if there is a good wind beebind it. The City doesn't have funds for this, of course; do you feel you want too do anything about it? The reason for this meeting is to find out what you fellow:•e want us to do about it. The railroad has orders to move all equipment from ti:heir yards so we won't be harming the railroad in any way. Mr. Lamy: Uo you want to give us the background on the predictions, etc? City E2agineer: I have put a few elevations on the blackboard, also the latest predication I received which was early yesterday morning. Elevations at intersections - feet above sea level: Main @ Elm Main @ Laurel Main @ Track Main @ Stillwater Motor Main @ Mulberry Main @ Myrtle Main @ Chestnut Main C Olive Main @ Nelson Myrtle @ Water Chestnut @ Water Nelson @ Water 700.50 693.14 601.50 688.25 691.30 693.77 692.23 692.38 691.28 691.37 690.42 690.62 Average Level of River: 675.5 the predicted elevation is 691 to 692; they predict it will get to that elevation and will]. stay that way for some time - it will be a prolonged crest. They predict • • /; - (April 10. 1965—continued) • 11.8 it will rreach its crest on the 16th or 18th of this month, it all depends when it his S8t. l - we y t r St. have a waterttaitie inuthe downtown area get lone area-youwillyhaveeseepagePaul. intheehigh basements that we Qannot prevent. Mr. Lay: what is likely to happen to sewers downtown? City Eng:lineer: We are going to start sandbagging the diversion structures, manholes:, etc.; we hope the sewer is solid enough to keep out infiltration water. Ily primary concern is the sewer on Main Street; if we get a lot of rainthatsewer system will not take it. If it should get to the point where it start:s to flooi then it's going to back up in the basements. You Should make arrangements to plug your floor drains and other outlets if at all possible. I am not: too concerned about it at the present time because I think we will be able to handle it. Mr. Lay:: You have pursued help from the State level on this? Administtrator: we have been in contact with the governor's office; the National Guard wihll come in when an actual emergency exists. If there is any threat to the dike they will come in and help. We have offers of help from the auxiliary police sand auxiliary firemen, so we have enough personnel to fill sandbags at the present time. The fire chief should advise people what to do with their storage tanks, eetc. Chief Lawson: Our primary concern would be bulk storage tanks - they could be emptied and refilled with water; another possibility would be to keep them full alIl the time. I talked to the State Fire Marshall and be recommended that theey be emptied and filled with water. Underground tanks, if they are filled with gasoline, should be alright. Mr. Alcoora: I don't see why they would have to be filled with water if you leave the gas in them. Chief Lawson: After talking to the State Fire Marshall and listening to his recommendations, I would recommend emptyingWtthean nksye tanks andcfillingtthemtwithe water; •ve can't order it as far as I know, oil companies. Mr. Lay.: We probably should have recommendations from the Chief of Police as to what: to do if things do get out of hand. Chief NS6oepke: We will be policing with double shifts all through this; we will bes well manned... (At this time the Engineer left the meeting to contact the U. S. Weather Buaeau) Chief Blawson: As far as preventing fire is concerned, I would recommend that you turn down all power and seal your pipes in some manner. Adminisstrator: Calls will be received at this office on a twenty-four hour basis. Mayor ocharlsen: Warden Tahash of the Minnesota State Prison has volunteered some mum... Warden: Tahash: We have about 125 men who would be eligible for this type of thing; about 50 to 75 of them would volunteer. The queestion was asked at this point if N.S.P. would turn off gas or if it was upc to each individual to do so. Administrator: We will check this out, but I assume the gas company would do it. Mr. Ca.Eferty, .custy Commissioner: If we have equipment available we can get our shame if it is necessary. • • • • • (April 10, 1965-continued) Mayor C'harlsen: If you want to go ahead with the dike, we could use some trucks this weekend. Mr. Caifferty: We could surely divide any facilities the county has available where tthey are needed most. Mr. Raotuenz: I have ordered 1700 sandbags - we are going to protect our place. 185� • Mayor ocharlsen: You have got to do that. Mr. Ca:fferty: Last week we were over to the State Civil Defense Office - rather than joust figures, we have a clear map of where floods are apt to strike - maybe if theny are posted downtown, people would have an idea of where to look... (Thee City Engineer returned to the Council Chamber at this time) City Engineer: Instead of bad news, it is good news. They M.S. Weather Bureau) prediett the river will crest on April 17th - the predicted elevation has dropped to 690:1 St. Paul is holding good - they don't predict a crest until the 16th. Mr. Lamy: Is anything being done to eliminate ice jams? City Engineer: Mr. Strub indicated that the St. Croix has not started to move yet - lit probably will not be good. 681.55 is the elevation of the river this morning. Mr. Layy: Are any funds available in the City for this work? Administrator: I believe the City care expend a certain amount of money for an emergency, but should we spend more money than was levied for 1965 we would have too levy additional money in 1966. There is a possibility that the governor willpvut the State of Minnesota under a state of emergency - some of the cost would Ale shared. The City of Stillwater could spend some money for this purpose, but, ..if course you realize that all the money that would be received in contributions now wiI11 offset taxes next year. Mr. Lan: The people who are most benefited by this thing are merchants in the downtowwn area - we would be affected by business interruption, etc. This is offsettting cost I am talking about - we pot the dike up with no guarantee, or we let it go ahead and happen. The.question was asked,"Suppose next year you levy so many mills - it wou::Ld be against just the merchants or on all property owners?" Administrator: A11 - we don't have authority to expend money for emergencies - this i:.e the problem we are having in Stillwater, we are trying to prevent it - that i:.s the reason for the meeting today. Mr. Lamy: I think it is our responsibility as businessmen downtown to try and work o'.rt some economical way of preventing it. Does anyone have a suggestion as to How to raise this money? The+ question was asked,"How about a frontage assessment?" Mr. Haudrath: It seems to me if your neighbor's house was burning you would pitch :Ln and help save it. 512,000 is such a small amount of money - there should l be no argument about what should be done. It should be done and done immedi..utely. Find the money where you can; start the work and get it done and prevent the catastrophe before it happens. Mr. Levy: Are the majority of you people who are here in favor of going ahead and gettting this work under way? (a nohow of hands was called for - the vote was almost unanimous in favor of proceeding) Mr. Levy: We still have to work nut some way to come up with funds; it could be donee by affected area. • • • (April 10, 19965-continued) (186 • • City Eugineer: I would suggest very strongly that you keep very close watch on your: basements - there is a possibility when the water table rises that the preessure will increase - if you have older walls there is a possibility they coould collapse. Under the present predicted elevation, I don't look for that to happen, but there is one way to prevent this just in case - take everytEking out of your basement and flood it - put equal pressure on both sieeso-.E your building. Mr. Haulrath: I make the motion that we get started immediately - that we request the funds after the work is done, but get started on the work right now. Mr. O':Brien seconded the motion. (the vote was unanimous - none opposed) Administrator: The Council met in special session last night and we have the goo ahead from them to start on this as soon as possible. Mayor Charlsen: Get a release on the radio and in the press asking for volunteers and trucks and drivers. Administrator: we also plan to ask for volunteers on sandbagging. Mayor Charlsen: Mr. Monette reported that high school students will be available if theey are needed. ADJOURNMENT The meeetinq adjourned at 11:07 A. M. Attest: city Clerk Mayor (The city Administrator called Moelter Construction Company and requested that they start work immediately on the dike. A Fl000i Control Center was organized in the City Hall Offices and volunteers were called for). • • 1.87e • MIME Council Chamber Stillwater, Minnesota Special /Meeting The meetinng was called to order by President Charlsen, April 23, 1965 10:07 P. M. Present: Councilmen Nolde, Peterson, Powell, and President Charlsen. Absent: Councilman Iverson, Administrator Lester Brower. (The Administrator was in Washington D. C. to testify at a Senate hearing on Wild River Bill and also flood matter) Mayor Chassrlsen: We have been maintaining equipment at the dike on standby - they have started doing some cleanup work but nothing to amount to anything until we find out what the Federal government is going to do. Now we have found outf; there are a few things they will not pay for. Councilman Powell: What we should do is get a picture of the dike and also the dike behind Stillwater Motor Company too. City Engiineer: The Corps of Engineers will inspect most of the debris removal. Mayor Chaerl•en: me government will pay for cleanup work. I understood at one —time that: the sand would cost us nothing if we gave the cleanup work to Moelter; he is noww asking $8,000 for the sand if we keep it. Do we have to advertise for bids to clean this up? Councilman Powell: In an emergency you don't have to call for bids. My theory on this iis, because Moelter did the kind of job he did on building the dike, we should hiire him on a time and material basis to cleanup - let him know we have to have boLlls for everything. Mayor Cha.rlsen: Mr. Moelter will hire anybody that has a truck to haul. Engineer:: I would say strictly tandems on his big loader, single axel trucks on the smaller loader. Councilman Nolde: Where would we haul this sand? Engineer:: Where do you want it? It could be used at MCKusick Lake; there is --about 18,400 yards of fill in the main dike; about 25,000 or 30,000 yardall toll. Councilman Peterson: Moelter wants $8,000 for that sand? Engineer:: Yes. Councilman Nolde: I don't think we should take any action on this tonight. Mayor Cho:risen: If you want to advertise for bids, make the motion. Councilman Powell: What we have to do the first thing is to get this list made out on a1.L our projects - that has to be in by Tuesday. Mr. Moi,eLter arrived at the Council Chamber. Councilmaza Peterson moved that the youth be allowed to salvage the sandbags. Councilman Nolde: If you get the job of cleanup, would this interrupt your work? Mr. Bud Mooelter: They wouldn't interfere if they start tomorrow morning. I would say that if the kids want to salvage they should have this authority, but they sshouldn't interfere with the work. Councilman Peterson: If they do become a problem you could run them out of there. • • (April 23, 1965-continued) • • Councilman. Nolde: I would go for that. Councilman Peterson included this in the motion; Councilman Powell seconded the naotioon. Councilman Powell: You gave us a figure of $8,000 for sand; how did you arrive atz this? Mr. Moeltier: It was just an estimate. Councilman Nolde: Would you object to hauling it to Lily Lake or McKusick Lake where you cleanup? Mr. Moeltter: We will haul it anywhere you want to haul it, but the more places yoot haul it the more machines you need. Councilmaan Nolde: What do you think about finishing Lily Lake? Engineer Fine, that should be finished. Councilman Nolde: Is that a long haul for you? Mayor Ch::arlsen: It's closer than the pit. They would be happy to get all the sand thew could get at the Stillwater Business Development pond. Mr. Moeliter: A lot of businessmen feel it should be put there. Councilmaa:n Nolde: We have got to take care of the City first. Mayor Chna:rlsen: The Councilmen are interested in knowing what the cost is going to, be for cleanup. Will you take this on a time cost basis? Mr. Moel_ter: Sure I will. Mayor Chaarlsen: What will the cost be? Mr. Moel!ter: $7.00 per hour for single axel trucks; $12.00 for duals; $16.00 for one Loader and $20.00 for the big loader. Councilman Wide: Roughly, how long would it take to clear up the dike? Mr. Moellter: There is a lot of hard work there - we would need about 50 laborers. Engineers: Rails, ties, switches, all have to be cleaned up by head. Mr. Moetter: We would probably have to have twenty trucks for cleanup. Councilman Powell: We have to have an itemized bill on each truck; where they work, ettc. Mr. MoeIlter: I can give you daily reports if you want it on the number of machines working., where they were working, etc. Engineer: Are you going to buy the sand? Mayor CIIharlsen: Are we being billed for the sand? Mr. Moelter: You were using the sand - now we have made the offer to sell it. Mayor Ctharlsen: Do you have any idea yet what the bill is on machines used so far?' Mr. Moe:Lter: As of midnight last night our bill was $53,913.00. Mayor Cl:harlsen: Can you show on your books that this is the price you charge anyone .rise for work? Mr. MoetLter: Yes, I charge the same price to everyone; I get that price or I don't wrark. Councilman Nolde: I move we hire Moelter Construction Company to remove the dike anaf clean up as soon as possible. Councilman Powell: As long as we do the work as soon as possible and keep track o.E time, etc., the government won't complain. • • • • kwPrra a+, .... IMMO Councilman Powell then seconded Councilman Nolde's motion.. Mr. Moellter: I am still questioning this labor; I would like to get out of handling it myself - you can hire cheaper labor than I can. Councilman Peterson: You would be in charge of these men down at the dike? Mr. Moellter: Yes; we are going to have to have a man down there; we can super- vise thee 14bor work. Mayor Clbarlsen: The City can hire seasonal labor. Mr. Moe:,Lter: The reason I want to get away from it is; the men and equipment I hire 'will be union - the union comes in and says I have to hire union men at $3.6.i) per hour - you are then running your labor costs quite high. We would boe willing to supervise the labor but I don't want to run it through my books. Councillman Peterson: When can we start on this? Mr. Moeelter: It will take a month to a tonth and a half to complete it. We get tine and a half after ten hours and after forty hours. Mayor Charlsen: Will you hire any trucks that come in? Mr. Homelier: We will use the local trucks first - we pay only when the truck is workeing - when the truck breaks down the time stops. The votke on the motion was unanimous. Councillman Peterson: I think it would be better for one company to do all the cleanup; - you can't be supervising fifteen different t companies wiwith two wo, trucks each - with one in charge of it all, you nldiYfre Councilman Powell: we could call for bids on sewer repair and street repair. Counci:.lman Nolde: The first thing you should determine is where this material is going to be taken. Counci.Lman Peterson: There is a lot of cleanup to be done now. Councilman Powell: I move that we contact Moelter Construction Company and negoti_ate with them to do our cleanup work on an hourly basis per unit - time and material. We should know how much we are paying for everything. Councillman Peterson seconded the motion. Councillman Nolde was opposed. Counciilmaa Nolde: He said he wouldn't charge us for the sand. Engineeer: That was if he got the sand back - call Mr. Moelter and see what he wants Eor that fill. Mayyor Charlsen called Mr. Moelter and requested he come to the Connell Chamber. Mayor Charlsen: It makes no difference what we do with the sand bags now that tthey have been used - the youth of the City is interested in salvaging the b..a.gs. Counc::iLman Nolde: They will be disrupting Moelter's work. Engineer: I don't think there will be too much interruption. Counclilman Nolde: I have heard a lot of conversation and a lot of ideas of what they want to do about the sand - some businessmen had an idea of building a perrnanent dike there. Mayor- Charlsen: The railroad won't give consideration to that. Enginneer: Both local railroad men want that, but they can't convince their • e 711110 a„i,... dr.a, a.,,., .:w........,, • • superiorss. If we had taken the time, we wouldn't have had to monkey around with the railroads if we had entered into an agreement, but we didn't have that much time. Councilnnan Powell: where would a permanent dike be built? Engineers: There is no logical place to do it: it would have to be sheet piling oars: then you would be destroying the view of the river. Councilmmen Nolde: In 1952 we had floods in June - could this happen again this Junne? Engineers: Yes, but you wouldn't get anything this high. Councilmen Nolde: The reason I am asking is, if we took the dike down and had anotrher flood in June it would really be a mess. Councilnman Peterson: We couldn't leave it for that long anyway. Engineers: You may get a bill from the railroad for relal_ng their track. A brief Aiscussion was held regarding some kind of monument or reward to the Still€water youth for their contribution to the dike. Mayor Chwarlsen: As far as the fill is concerned, why don't you get the two holes fi:.Lied at McKusick Lake, and then start at Lily Lake. City Engineer: Do you want the City to hire the labor and keep the time? Mayor Chaarlsen: Yes - at $2.00 per hour. Councilmen Peterson: Somebody should have the authority if they are not working *to boot them out of there. Mr. Abeltter: I can handle that - I can let you know if we need more men, and you Oars supply them. Councilmen Powell asked the Engineer if he needed any help in preparing the requested: for the Field Survey in order to qualify for Federal Financial assist- ance - ha replied no. ADJOURN/DEW? On motion of Councilman Powell, seconded by Councilman Peterson, the meeting adjourned at 11:30 P. M. Attest: Mayor • 190 (it was necessary to retypee this page in order to keep minutes in consecutive order) • • Council Chamber Stillwater, Minnesota Special Meeting April 27, 1965 2:00 P.M. The meeting was called to order by President Charlsen. Present: Councilmen Iverson, Nolde, Peterson, and President Charlsen. Absent: Councilman Powwell. City Administrator: It is necessary to pass a resolution naming someone to sign all papers, eto. in connection with receiving Federal Aid on our flood expenditures. Mayor Charlsen: I wound think that the logical one would be the City Administrator - he has all the information available in his office; any questions to be answereed, etc. he would have the information. Councilman Nolde: I moove the City Administrator be named to handle all negotiations with the .Federal government. Councilman Iverson seconded the motion. (see resolution) Administrator: Our auxilliary police have requested that they be paid $2.50 per hour for work in connection with flood control; we passed a resolution some time agoo setting $1.50 per hour for auxiliary police - that is on a part time Basis - evening work, etc. $2.50 per hour is the average of what most of them get on their regular jobs. Mayor Charlsen: These guys are entitled to pay - if we cannot collect from the Federal government con this we will pay for it ourselves. Councilman Nolde: I mows we pay the auxiliary policemen $2.50 per hour. Councilman Peterson seconded the motion. (see resolution) Administrator: Mr. Moeliter came in and he is wondering if there is some way we could pay something on his bill so he can meet his payroll; this would-be a matter for title council to decide. We could take advantage of the law passed for selliling certificates of indebtedness. Mayor Charlsen: Then you are paying interest. Wouldn't it be better to borrow from the sewer resvenue fund? City Attorney: You can borrow from the general fund to aid another fund, but you cannot borrow from another fund to aid the general fund. Mayor Charlsen: Not on a temporary basis? City Attorney: I don't see any indication of that. Councilman Nolde: Can %Me borrow, say $100,000 from a local bank at 5%? City Attorney: Is it cus-tomary that you pay somebody before thirty days are up? Councilman Peterson: Th.a• 30 days are almost up now. Councilman Iverson: Are .we borrowing to put into the general fund or a special fund? • • (it was necessary to retype this page in order to keep minutes in consecutive order) Administrator: A Flood Conttnol Fund - a special fund. City Attorney: In an emergetmcy you can use funds you have instead of bidding; what they passed was allowing you to borrow for 10 years on certificates. If you can borrow from the bank .depends on how soon you get the money from the Federal government. Councilman Peterson: We wounLd have to take it for at least 60 days. City Attorney: The fund you; put it in doesn't mean very much - you could put it in the general fund to c©ver or in a special fund for easier handling. Mayor Charlsen: Should we liorIOW for six months? Administrator: Most of our certificates read 'on or before December 31st'. Attorney: You might get a Metter rate on a short term certificate; you can rene, after three months - tit is worth looking into. Mayor Charlsen: You are settting up a separate fund? Administrator: Right. I wonder, if the Moelter bill should be screened along with our other bills? Mayor Charlsen: Borrow at Least $150,000. Administrator: We should deiscuss the possibility of using dike material for fill in the Everett Street bridge area. Mayor Charlsen: They would have to put in sewer and water lines before they could do that. Administrator: The bridge is going to pieces - we have been looking for fill... Councilman Iverson: It is a real hazard up there. o sewer r ha eehimatakelthe balance oo fgthee fills time and dot thenjob;lbutenott untildtheyelines get through with Lily Lake. Mayor Charlsen: We are gooLng to have to advertise for bids then because it will be in excess of $1,000. Councilman Nolde: You will/ never get the job done if you are going to advertise for bids - that will take at least two weeks. Mayor Charlsen: I was given some names for possible persons to appoint to a screening committee for ttte bills - they are not local merchants; this would take the businessmen off libe hook. The names are James Green, Deanleer, William Stevenson, George Siegfried, I. L. Moe, Earl Rye. Do yo to contact these people axed see if they will serve? I think three is enough - it is easier to get them *together. Councilman Iverson: Do wrote have alternatives in case they can't serve? Mayor Charlsen: Yes. Administrator: I wonder LE Mr. Stevenson could serve on the committee if he is a state employee? Attorney: There might bee a conflict - we could check. 191), (192 ( it was necessary to retype this page in order to keep minutes in consecutive order) Administrator: I th:lak these flood bills should also go to the city attorney as to form and legal:lty. Attorney: We could alit with this committee as ex-officio members. Mayor Charlsen: I w:'i.Ll call these men and see if I can get them to serve and will ask them wh..en it is convenient to set up a meeting. Administrator: Infoerm them that the City Attorney and I will sit with them only as ex-officio sweaters. Administrator: Are .we going to try and sell some CIs and get some money on hand. Phil will have to dr:aw a resolution. Mayor Charlsen: Thee Moelter bill is what? Administrator: $64,400. Councilman Nolde: IIE you are going to have to pay Abetter right away you are going to have to payy all the other trucks and drivers also. We should also pay the auxiliary pounce, the auxiliary firemen, the C.B.s, pump operators and little haulers. The City Engineer then arrived at the Council Chamber._ Administrator: It has been suggested that we put some of the dike material in the Everett Street bridge area - how do you feel about this? Engineer: You can't:because you don't have standby sewer and water lines 'in there. And you woulid have to advertise for bids. Administrator: Woulid we have enough fill to do this? Engineer: Mo - not unless you hauled it all to the Everett Street bridge. Administrator: How much would it take for the bridge? Engineer: Somewher&a around 50,000 yards - that is about 40' deep there." Mayor. Charlsen: It would take months to get easements from all the property owners. Administrators How much of the dike would be removed after Lily and McKusick are filled? Engineer: A11 of iti_ Administrator: If tthat's the case we might as well forget about Everett Street. Mayor Charlsen: It would be cheaper to replace that with another bridge than to fill it in. Engineer: To go outt and buy fill at some future date, yes, it would be more. Councilman Nolde: laf we are ever going to get into that deal in the country - buying land for parlok purposes - I am beginning to think we should get into some- thing like that, them ve would have all the fill we needed. Engineer: We have :Ito give some consideration to a gravel pit - if Moelter sells his out there, we acre out of business. (it was necessary to retype this page in order to keep minutes in consecutive o cer) IL • The City Attorney reportRed briefly on Senate Hearings in Wachington, D.C. attended by the City Administrator, Mr. Lyle Eckberg, and himself. RESOLUTIONS The following resolutions were, on roll call, unanimously adopted: 1. Directing the payment of bills. 2. Ordering hearing on: street improvement and preparation of plans and specifications. 3. Favoring legislation. 4. Authorizing issuance and sale of certificates of indebtedness in anticipation of collection of Feederal disaster assistance in accordance with the Federal Disaster Act (Publiic law 81-875) 5. Appointing representative -project application for certain Federal financial assistance. ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Iverson, the meeting adjourned at 3:00 P. M.. Attest: City Clerk Mayor • 190 e • gal Council Citamber Stillwater, Minnesota May 5, 1965 4:30 P.M. Special Meketing Present: Councilmen Iverson, Nolde, Peterson, Powell and President Charlsen. Absent: !None Mayor Chas-leen: We need to vote on a resolution designating Daylight Savings Time to sotart in Stillwater at 2:00 A. M. On May 9. 1965 to 2:00 A. M. Octe ober 31, L965. City Attoorney: According to the State Statutes, the City cannot go on Daylight Savings Mate earlier than the State of Minnesota - we cannot adjust to fast time sooner than the State allows. Mayor Charism: What about St. Paul and the others? City Attoorney: They are all adopting daylight savings time early on the basis that the State provides no penalty. Mayor Chameleon: Have the various city attorneys advised their officials in the same manner? City Attoorney: That I don't know; I am sure they would be given the same advice because tit is a moral issue. Councilman Iverson: I am in favor of this personnaly. but I have to abstain from votiing. Mr. Brower then read the Oath of Office taken by all city officials. Administrator: This states that you will support the "Constitution" of the State of Minnesota; it does not state the "laws" of Minnesota, but the City Attorney feels that this might be construed to mean the laws, and that you would be violating your Oath. The vote was as follows on the resolution to commence Daylight Savings Time earlier tern the State allows, in order to be on the same time as surrounding conu:unitihes - St. Paul, Bayport and the State of Wisconsin - Councilman Iverson: No Councilman Nolde: Yes Councilman Peterson: Yes Councilman Powell: Yes Mayor Charlsen: Yes Administrator: The Chamber of Commerce supports us on this. Administrator: Miss Walli Henne of Moulton wants permission to canvass the town with teenagers in connection with the ALSAC Leukemia drive; this does not meet with the approval of the Unite.) Fund. I didn't feel that I could say yes or no on this — it is a matter for council action. Mayor Chaarlsen: As long as we have a United Fund drive, they are supposed to be members. Councilmen Nolde: The City doesn't have any jurisdiction of who will, or will not be members of the United Fund. • • 1.96 (May 5, 1965-contied) • Mr. Brower:! This is in connection w'.th Danny Thomas St. Jude Hospital. Councilman Nolde: We can't force them by telling them if they are not part of a gparticular group they can't solicit in the City. Mayor Charilsen: That is the object of the United Fund. Councilman .Holde: You shouldn't force anyone into the United Fund. City Attorney: Isn't it a question of whether or not the outfit qualifies? Councilman■ Peterson: How about soliciting with teenagers? City Attorney: I doubt if they need a permit to solicit. Mayor Charlsen: Alright, as far as the City is concerned, they don't need a permit t=o solicit funds. Just tell her we can't find any restrictions in our ordBinances. Administrator: One other thing - an agreement has been reached on the dump grounds ass far as Leighton Charlsen is concerned. He has signed it and it has been cbecked by the City Attorney and other attorneys involved: The City Attoflmey feels this is a proper legal document. Mr. Brower: read the contract covering the landfill dump site. Councilmarm Nolde: I think something should be typed in that he will be open so many hours a day; that is my only question on it. City Attorney: We are supposed to take that dump into the City and he would then follow our ordinances. Councilmarn Powell: I move we accept this contract. Councilmann Peterson seconded the motion. Mayor Charism abstained from voting. ADJOURNMEDNT On motion of Councilman Powell, seconded by Councilman Peterson, the meeting adjourned! at 5:13 P. M. Attest: SlerkT�1 v Clerk Mayor • '— Council Chamber St illiwater, Minnesota Speccial Meeting May 6, 1965 4:00 P. M. Present: Councilmen Iverson, Nolde and Peterson Absent: Councilman Powell, and President Charlsen. Admidnistrator: We need to pass a resolution Directing the Payment of Bills, as ffollows: (okd by City Attorney) lbelter Construction Company - construction of, and partial removal of dike. Communications Personnel Auxiliary Policemen Auxiliary Firemen - Flood Control duty. Flood control duty. - Flood Control duty. The Tote on the resolution was as follows: Councilman Iverson: Yes Councilman Nolde : Yes Councilman Peterson: Yes ADJOOURNMENT On motion of Councilman Peterson, seconded by Councilman Nolde, the meeting adjoourned at 4:15 P. M. Att:est: City Clerk Mayor 198 • • council Chamber Stillwatier, Minnesota May 11, 1965 7:30 P. M. Regular Meeting The meething was called to order by President Charlsen. Opening prayer by the City Clerk. Present:: Councilmen Iverson, Nolde, Peterson, Powell and President Charlsen. Absent: None. APPLICA:1'IONS On motieon of Councilman Nolde, seconded by Councilman Peterson, an Off Sale 3.2 Beers License was granted to Arnold Deno, 215 North William Street, on the seccond reading of the application. From Jona Hooley, 902 South Fourth Street, for an Off Sale 3.2 Beer License (first treading of the application - carry over to next regular meeting due to locat.tion in a residential areal. From Ed !ICnefelkamp, 1101 North Owens Street, for On and Off Sale 3.2 Beer Licensees (first reading - carry over to next regular meeting of the Council due to :Location in a residential area). On motiaon of Councilman Powell, seconded by Councilman Nolde, a Soft Drink License, was granted to Pahl. Liberty, 1807 West Olive Street. On motion of Councilman Powell, seconded by Councilman Iverson, an Off Sale Liquor :License was granted to Lawrence Sharp, 226 South Main Street, for the balances of the year 1965, subject to the approval of the Liquor Control Commiss:Loner. A surety bond in the amount of fL,000.00 was also approved. (Councillman Nolde abstained from voting). COMMUNIICATIONS From Roobert Hagen, Chairman, Stillwater Planning & Zoning Commission; minutes of the Commission's April 28th meeting: 1.. Request of Arthur R. Junker for a basement home construction permit wiith completion in three years was discussed at great length and tabled at the request of Mr. Junker. 2.. Request of Aiple Towing Company for the re -zoning of land the company owsns east of the railroad property and north of Muller Boat Works - property urp to the Lakeview Terrace property to IA (light industrial zone). More information is needed; the applicant is invited tr gather and supply more information and reapply. 3.. Northern end of the downtown business district - • • • (May 11, 1965 conntinueal 1.99' • • I.:t is the feeling of this Commission that the time has come to ezacourage rehabi:_tation of this important part of nut business apLstrict. We believe the City Councilshould encourage the C':hamber of Commerce and property owners to explore the idea of uopgrading the area and of moving the tanks and storage sheds. Mayor Charlsen: One of the oil companies is willing to move their tanks, but one otihex is definitely against moving and will give it no consideration; they will wwait until they have to move and we will have to pay the expenses of moving them. Councilman Nolde: Councilman Powell talked to the owner of Kilty's; be is willing to mauve, and Stenseng & Fierke is willing to move. As far as Standard Oil - the agent himself is against it. Mayor Charlsen: No - the agent is for it - the engineers of the company are against it. Counc:ilman Nolde: The company doesn't want any bad publicity - they want to coopeitate. If you were to send a letter to the top officials, I am sure you would) get a letter back saying they would move. The State Fire Marshall in- formeed Mr. Ogren of Kilty's that the municipalities have the power to force them -to move, is this true, Mt. Thompson? Building Inspector: That is correct. One thing you should take into consid- erati._on - there will be a loss of tax revenue, but there is no doubt it would be and Lmnrovement to that end of the business district. It should be considered they .ran be made to move. Counc:Llman Iverson: What steps would we have to take to start? Counc:Llman Powell: I move that the Building Inspector be instructed to check into this matter and contact all four companies and find out their willingness to 'cove and report back at our next regular meeting. Find out their feelings and iimform them that the City feels this action should be taken. Counciilman Peterson seconded the motion. Build6ing Inspector: I take it the Council is in favor of this move if it can be doone. 4. This Commission takes cognizence of the recent and present flood and of the problems it has caused. We feel steps should be taken now, not the next time it looks like we might get 'high' water, to study the matter and begin considering what lands are likely to be flooded and just what type of use we will permit that land to be used for. Most everyone is sympathetic to those with problems now, but it will be difficult to be Sympathetic next time this disaster happens. We recommend the Mayor and City Council appoint a Flood Prevention Committee to seek out the remedies that might be available to us. Should it take professional help or the aid of the Army Engineers, we would encourage the City Council and/or the Flood Committee to begin negotiation. Mayor Charlsen: The Federal Corps of Engineers is going to take this under advi.sement; therefore, I don't think it is necessary to appoint a Flood Control. Committee at this time. 5. Organization - new officers for 1965 This matter has been postponed for three months due to lack of complete attendance; however, with the Commission now complete with twelve members (Mayor Charlsen, with the approval of the Council, appointed Mr. Donald Carlson to the Planning Commission) the following were elected: Robert E. Hagen, Chairman John Condon, Vice Chairman Richard Olsen, Secretary Glenn t. Johnston, Asst. Secretary 1 • • i'200 (May 11, 1965-continued) • • Meetings: for the rest of the year will be on the fourth Tuesday of each month at 7;30 P. M. in the City Hall. From R. W. Munson, Village Homes, Inc. requesting sewer and water extension on South Sixth Street. Councilman Peterson: Is Village Homes the only property owner? Councilman Made: Village Homes owns nine lots there; another lot is owned by River Creest Homes, but they are getting the sewer already; the other prop- erty is owneed by the school system. Councilman Peterson: Is Village Homes planning to pay the cost, or will it be assessed the way we always have? Councilman NWolde: Assessed against the property owners. Administratoor: We must realize that the City Engineer is up to his ears with work now - dio you think it would be advisable to have Mr. Banister come in and lay out the plans? Mayor Charlsaen: At what cost? Administratoor: 15% of the cost of the project. Mayor Charlsaen: I think we should find out the cost and get it done rather than put in cesspools and wells. (See Resolution) From the St.. Croix Valley Area Chamber of Commerce, Parking Committee: "This its a recommendation of the Parking Committee of the St. Croix Valley Area Chamber of Commerce in reference to the requests of Mr. Sheldon Smith. The Committee recommends that all metiers on the south side of the Erickson lot be moved east aj proximately four to five feet. The vacated space at the west ennd could then be utilized by Mr. Smith for egress or in- gress, and Mr. Smith is to pay all expenses involved in the pro- ject. He must also pay a rental of $25 per month." Administratcrr: This is a compromise that has been worked out by Mr. Smith. Councilman Dowell: I suggest that this be turned over to the City Attorney for his appraisal; I don't think it's legal myself. City Attornesy: What's our hurry? Let's wait and see what we are bargaining about? From St. Petter's United Church of Christ requesting variance of front setback and side yard requirements. Building Inespector: Neither Mr. Ehlinger or myself are opposed to granting this - it woouLd net be a hardship to any adjoining property owners. The church has smade several efforts to purchase additional property, but have not been succesaaful to date. The proposed plan is in violation of the ordinance, but we are not objecting to the granting of the variance. On motion oaf Councilman Peterson, seconded by Councilman Powell, the matter was referreod to the Planning Commission for recommendation at the June 8th Council MeettLng. • (May 11, 1965-continued) • e-s 20 \ • • • Mayor Charlton: Are you going to build this summer? Mr. K.:e.rmit Mohn: We can't say until the annexation matter is settled. Admin:.Lstrator: This is the night for the second reading of the annexation ordinances provided that all information has been supplied to the Building Inspewctor. Buildeing Inspector: It has. From Mr. Stanley J. Demoski, 1307 South Everett Street, requesting additional street lights on South Everett Street near Orleans Street. On notion of Councilman Powell, seconded by Councilman Peterson, this item was referred to the Administrator for the necessary action. DELECSATIONS OR INDIVIDUALS (out of order) Mr. Mane schleusner, 1215 Carnelian Street, appeared before the Council at this tine. Mr. SSchleusner: I what could be done run iut through the I haws to run a 4" Counai.lman Powell: am having my water hauled in at the present time. I asked about getting city water, and the Water Board won't let me lot or get an easement over my neighbor's lot. They said watermain down Carnelian Street. What is their line of reasoning for something like that? Administrator: They do have this power - when the Mayor appoints a member to the Esoard of Water Commissioners, the Council loses jurisdiction. Councilman Powell: What jurisdiction have they to say he can't get an easement? Mr. SSchleusner: They say it has to be a 4" watermain coming down Carnelian Street. Councilnan Powell: They are probably doing that to get away from private lines hookiing on. Mr. enchleusners With 125', it would cost me about $750.00. Mayox•r Charlsen: That's cheaper than a well. Mr. :Schleusner: What if I was to do it myself? I couldn't charge anyone a cent: for hooking on to it; the church would hook on if I put it in, but they don'-t want to pay for it. Counneilman Powr'.1: If you did your own work, and the time came for water to be put in Carnelian Street... Mr. schleusner: Mayo:.r Charlsen: owneers involved. Mr. schleusner: Mayoor Charlsen: Counneilman Nolde: can •3o for you. BuiL_ding Inspector: If Mr. schleusner understands that he can be assessed for an eertension on Carnelian Street in the future... I would be assessed again from the other property. The only way is if you would get a petition from the property I tried that - they don't want to have anything to do with it. Talk to the Wat.r Board and see if something can be done. The engineer will contact the Water Board and see what he • (May 11, 1965-continued) :202 • • Mayor chanlsen: As far as the Council is concerned, we are not against it, as long as y©u understand you could be assessed at some future date. CITY ADMIFflSTRATORS REPORT Your City Engineer, Councilman Iverson and myself traveed with the team of inapectorss in commection with sewer and water damage caused by the floods; this tear! has been suite lenient in going along with requests to replace certain sewers and water lines. It is estimated that it will cost $300,000 for revenging of the interceptor sewers, lift stations, etc. Part of the Main sewem is under Goggins Candy Store. It was pretty much approved by the inspecting teams to go back on Nelson and join onto the sewer; they feel this: might be an allowable expense. The order has been given to pro- ceed, and 1Pick up the sewer where they can. This is the latest on the flood inspections teams. Councilman Nolde: Have you been getting a lot of complaints about the dump being closed on Sunday? Administrator: I received a complaint from Mr. Zolldan; I informed him that arrangements were being made for a new dump. Mayor Cha_:rlsen- I don't think the hours will be much different on the new dump. Councilmen Nolde: The time has come to think of the 2,700 home owners in this towns: Councilman Peterson: If you open it now, there won't be room for one car at a times. Councilman Powell: It isn't going to do any good to change the hours new. Chief Roespke: It is a terrible fire hazard out there now. Administrator: Per instructions, certificates of indebtedness were issued and sold to the First National Bank of Stillwater; they in turn will sell them to other local banks - $125,000 at 4%. I would 'like to say that the building o2 the dike was a masterful job, but relativelly easy compared to paying the bills. Councilmen William Powell submitted the following report, summarizing activities during Sttillwater's "Flood Control" - 1965: "an April 9, a warning to local citizens appeared in the Stillwater Gazette. It informed them that the St. Croix River was predicted to crest at 691 to 692 feet above sea level sometime between April 16 and Aprihl 18. The average pool at this time was 675.5 and the flood stage was 687 feet. an this day the City Council met in special session and decided to builld an earth dike to prevent flooding of the downtown area. At 10 A. M. Saturday, April loth, Stillwater merchants met in the Council Chambers to discuss construction and financing of the dike. It was decided to go ahead withn building of the dikeand to defer discussion of financing it until a later date. • • (May 11, 1965-continued) 203 • • mike construction began immediately. Moelter Construction Company was hired to do the bulk of the work, with other contractors and volunteer truckers assisting wherever needed. Tlhe St. Croix Valley Citizens Band Radio Club set up radio communi- catiions headquarters in the municipal court room of the City Hall on Sumba+ April 11. Mobile units were placed strategically in the downtown are and at the Moelter sand pit. Trucks and equipment were thus dispatched to glaces where they were needed with the least possible delay. Special commuendation is deserved and is herewith given to this fine organization for the magnificent job that was done in co-ordinating all phases of the construction of the dike, and for the around -the -clock service that was rendered until the emergency was over. HPresident Johnson declared many parts of Minnesota, including Washington County, as disaster areas. Ohl April 12, Mayor Charlsen issued a proclamation declaring a state of emergency in the city. All auxiliary police and firemen were called to dutyy, all city employees were directed to work on flood control, and all normal city matters were postponed. OGovernor Rolvaag, at the request of the city officials, authorized the Natiional Guard to assist in Stillwater. BAr. Bourdaghs of Shorty the Cleaners informed the city officials that sandbags were on hand and available at his cleaning establishment. His ent±ire stock was used. *Volunteers were called to assist in the construction of the dike, fillling sandbags and placing them where needed on the dike. Here again is aan outstanding example of unselfish and untiring civic devotion by the youth of the area and the State at large. Cronstruction of the dike continued through April 13 and 14. On April 15 cityy officials ordered the downtown area closed to the general public. Busilmess establishments were closed except for emergencies, no one was allowed downtown beyond second street without a special permit issued through the Administrators office. COD April 17 a meeting was called by the Washington County Sheriff with the Mayor, the Major in charge of the National Guard, the Sheriff and some of tlhe businessmen, to decide if the town could be reopened. It was agreed that! the town remain closed. The local radio station was requested to stay on tthe air twenty four hours to aid in calling volunteers and reporting deveelopments. Twin City stations operating in conjunction with the State Civiil Defense, broadcast for volunteers and contributed greatly to the sucocess of the construction of the dike. Volunteers from the Minnesota Statte Prison did a fine job, reporting each morning at 6 A.M. at the time when volunteer help was smallest and their assistance was greatly needed. Tlhe river crested April 18th at a height of 694.07 and began to recede Aprcil 19. *Governor Rolvaag called a meeting at the State Capitol regarding infor- mat:.ion on flood relief from the office of Emergency Planning. eOn April 21 the business district was reopened and National Guard went off ' duty at midnight. IL meeting at the Washington County Court House for briefing on flood rel:.ief applications was held on Friday, April 23. Officials from the off:'Lce of Emergency Planning conducted the informative meeting. ltike cleanup and removal was begun April 26, with Moelter Construction Comppany in charge of hiring trucks and directing cleanup. 'Throughout the entire emergency the City Council, Mayor, Administrator, and! City Attorney took turns in condne ting the activities from the City Ha1:.L on an around -the -clock basis. The entire staff of office girls. de- partment heads and crews from each department worked untiringly and efficiently at their various jobs. Volunteer secretaries and businessmen aided the coumacil on the night shifts during the critical period. It would be difficult and! unfair to single out any one person for the tremendous job done. Engineers. firemen, police and the many volunteers all contributed greatly to the success of :saving the town of Stillwater." PET -'I TIONS None • • (May 11, 1965-contltinued) i204 UNFINISHELE BUSINESS This was ttbe day and time set for hearing on the following improvements Surfaacing - West Hancock Street between South Seventh Streeet and South Holcombe Street. The Clerk: read the notice for hearing aloud; the Mayor inquired if the notice for hearing was published, and the Clerk inforaed the Council that the notice for hearing was published in the Stillwater Evening Gazette, official news- paper of -the City, on April 29, 1965, and May 6, 1965, and a copy was mailed to all known property owners affected. The Mayor' then opened the hearing. Mr. Kenneeth Diggins 520 W. Hancock Street I just acaouired this property - how much is it going to cost per person? Mayor Chaerlsen: At $2.71 per foot, your total would be about $189.70. Mr. Diggiins: There will be no curbs there? That is my understanding, Well, I don't boelieve I have any further questions. After all' interested persons were given an opportunity to be heard, the Mayor cloosed the hearing. (See Resolution) Councilmasn Nolde: I move we open bids on this project at our next regular meeting con June 8, 1965. Councilmaen Peterson seconded the motion. On motion" of Councilman Powell, seconded by Councilman Nolde, reports of Fire Department operations for the months of January, February and March were approved - On notion of Councilman Nolde, seconded by Councilman Iverson, the Operational Report off the Waste Treatment Plant covering the year1964 was approved. On motions of Councilman Powell, seconded by Councilman Nolde, the Financial. Statement of the Board of Water Commissioners for the year ended December 31, 1964, wan approved. The following insurance policy was presented for Council approval: Pot:icy No. 3 74 22 74, issued by the Reliance Insurance Company, coveexing one-story block building occupied as public bath house; and also caretaker's permanent twelling - fire, lightning, and exteended coverage in the sum of $7,500; premium for three year per:iod is $139.00. Councilman Nolde: I would like to recommend that you take the insurance off of the c:aretaker's house - I don't think the house is worth $25.00. I see no reason wihy we should insure that. • • (May 11, 1965-continued) 20 5 \ • • Mayor Char:Lsen: Take that house off of the policy; if it hasn't any value, they wouldn't poay anything on a loss anyway. Councilman Powell moved that the policy be approved, but that the portion covering the caretaeker's house be deleted. Councilman Peterson seconded the motion. Endorsemernts to Insurance Policy No. AC 50 49 09, covering David Olson and Norman Webb, d/bija Carlson Taxi Company, were presented for Council approval. The Administtrator was requested to contact the Taxi Company and request that the origirmal insurance policies be submitted to his office. On motion of Councilman Powell, seconded by Councilman NoLde, the Clerk was directed late advertise for bids on matting and sealcoating, Local Improvement No. 42; biids to be opened on May 25, 1965 at 4:30 P. M. Building Inspector: The City Attorney, Mr. Ehlinger and myself were appointed to meet irn regard to changing the subdivision control ordinance (with reference to I. A. Beragen plat). After reading the ordinance, the City Attorney feels that the Counciil has the necessary authority without amending the ordinance - there is no neeod to amend it. Mayor Chemise's: If the Council sees fit to approve the plat they can approve it. The reason I asked that this this be brought up tonight is that Bergen would likes to blacktop the street. Councilman NoLde: Who would pay for it? Mayor Char lsen: The developer must pay for it. Administraator: If you feel it should be done, it must be done by resolution. Councilman Powell: If we give him preliminary approval he will go ahead and put in streets, curbs, and gutters. If he doesn't do what is expected we don't havoc to give him final approval. Administrator: If everything is done that should be done, the Council can adopt the new p.:Lat. I believe that Mr. Bergen knows if he complies with requirements, the Counc!L1 will approve the plat. Councilman Powell: I move that we grant Bergen preliminary apprnval. Administrator: I would suggest that he work with the Building Inspector and the Enginaeer - when he has complied, these gentlemen will recommend approval of the pl.at. Councilman Powell: I withdraw my motion. All counc:Llman were in favor of receiving the recommendation of the Building Inspector; and the Engineer before proceeding. On motion. of Councilman Peterson, seconded by Councilman Powell, the following collatera.sL, filed by the Cosmopolitan Szatc Bank to secure City deposits, was approved: sg50,000 U. S. Treasury Note. Series B-1965; #26076/80 1CM ea. 31/2%. dated 11/15/62; due 11/15/55. • • 206 • (May 11, 1965-cosmtinued) • • Notice off Claim from Wayne A. Curtis; claims damage to automobile by City road gradilex. Copy of claim mailed to the City Attorney and the Krog Agency on February 15, 1965. Mayor Chaa[lsen: The City would be ahead if they paid that off and the City Attorney would obtain a release. Councilman Nolde: I think the insurance company should solve these problems. How do wee know what took place between the road grader and Curtis downtown? Mayor Chaaxlsen: It's too late for this one anyway, but it should be given some conssideration in the future. Notice off Claim filed by Paul Marlow; copy mailed to City Attorney and Krog Agency orn March 30, 1965. Summons and Complaint was served on the Administrator in the matter of Esther Berg, plaaintiff, vs. City of Stillwater, defendant. Copy mailed to Krog Agency and the City Attorney on April 2, 1965. On motions of Councilman Nolde, seconded by Councilman Iverson, the following sewer rermtal charges were fixed for the balance of the year: 2-240 Washington County Historical Society Reopen $5.00 1-80 Muller Boat Works, Mulberry Point Reopen $5.00 4-390 Terry Courneya, 802 S. 1st Street Reopen $5.00 4-718 David Klang, 307 E. Churchill Street New $5.00 13-155 Gee Gramenz, 121 S. Owens Street Reopen $5.00 13-510 Sanford Gorden, N. William Street Reopen $5.00 20-220 Allan Butterfield, 117 Echo Lane Reopen $5.00 21-60 Cudahy, 802 Rainbow Court New $5.00 A requests was received from Mr. Lee Anderson, 241 South Main Street, for an adjustment in his sewer rental charge. Upon consideration of this request, Councilman Powell moved that it be denied; Councilman Peterson seconded the motion. On motions of Councilman Peterson, seconded by Councilman Iverson, the request of Mr. Robert Deragisch, 1610 Harriet Street, for an adjustment in his sewer rental charge, was denied. NEW BUSINNESS Mayor Chastlsen: On May 17th, the Municipal Commission will hold a hearing at the Washinngton County Court House on the property in Oak Park (Fairview Cemetery Associatiion - apartment site). On Tuesdaer the 18th of May, the Board of Equalization will meet, and i would like the City Attorney to attend at least one session. • • • (May 11, 1965-continued) Gll 7.. Gl 1 • Mr. Hanson, of the Portland Cement Association, appeared before the Council at this thine, to discuss Stillwater streets. specifically State Aid streets, and the EpossLbility of reconstructing streets with concrete instead of blacktop. After a :lengthy discussion on this subject, Mayor Charlsen stated that nothing could be decided on the matter at this time anyway. Mr. J. H.:, Herschleb appeared before the Council and stated that, as a taxpayer he was erntitled to answers to certain questions (listed below): 1. When was Pine Street extended up the hill from Seeley Street to the highway? 2. Who instigated action on this project and who supported it? 3. Who was on the City Council at the time the action was taken? 9. How much state and county aid per year is granted as a result of this extension? 5. Sphere was this money spent? 6. What has the maintenance of the Pine Street hill cost since it was opened? 7. How long will it be before irreparable damage is done to Lily lake by silt and sand carried into it by run-off water from Pine Street hill? 8. How much would it cost to dredge out the amount already deposited? 9. How long will it be before some school child is killed by some motorist attempting to navigate the washed out street? 10. How much would it cost to install cement gutters, curb and pavement? 11. As an alternative, how much would it cost for cement gutters and curb, and blacktop pavement? 12. As another alternative, what are the objections to closing the street from Seeley to Pine Tree Trail, installing a walk for pedestrians and planting grass or other vegetation to prevent erosion? Administr ator: to you want the City Engineer and myself to answer these questions? I think we can. Mayor CEtarlsen: Send the answers to Mr. Herschleb. We talked about doing that hil:.l this year, but abutting property owners are against it - they have a lot of Footage. Administ::rator: In answer to number 12 - if this portion of the street is closed, -the State Aid money is automatically stopped. Councilmaan Nolde: I move we send a letter to the property owners and ask them to :attend a Council meeting and ask them if they are willing to participate in fixinur this street. Administrator: My personal opinion is that we go into a bond issue, spread bonds over a pe.eriod of fifteen years and do a good job on streets - get them done; retire bonds £roam State Aid funds; chin would be a way to do all of our streets in one package. Engineer The State doesn't recommend it - there is too much red tape, and the State hanndLes the money directly. You can't get your hands on the money until the projeects are approved by the State - they get bonds and pay for them with their ownn money. • • � (May 11, 1965-cormtinued) e • 20 • on motion of Councilman Peterson, seconded by Councilman Powell, the Administraator was directed to check into the matter of selling bonds and retiring saame with State .lid funds. On motion of Councilman Powell, seconded by Councilman Peterson, the Building IDnspector's Report covering activities during the month of April, was approved. On motion of Councilman Powell, seconded by Councilman Peterson, a sewer adjustments was granted tr Michael J. Doe, 1337 South Second Street, on the basis of previous usage. The reports of the Recreation Commission meeting held on May 5, 1965, was approved bhy the Council. Councilmarm Powell: I would like to bring up Dick Blekum's salary. We discussed this at the Recreation Commission meeting, and the members are of the consensus that he should receive a raise. I think we could stay within our $11,7070 budget by giving him a $15.00 per month raise. Councilman Nolde: I move that we increase Mr. Blekum's salary as of May 1, 1965, to $$350.00 per month. (See resolution) On motion of Councilman Nolde, seconded by Councilman Peterson, the following collaterall, pledged by the First National Bank of Stillwater, to secure City deposits, was approved: 'LF.S.A. Treasury Bills - $100,000.; due July 29, 1965 ORDINANCESa On motion of Councilman Powell, seconded by Councilman Nolde, the Clerk made the second9 reading of "An Ordinance, Determining the Annexation of Certain Land to be in tthe Best Interests of the City of Stillwater and of the Territory Affected, and Declaring Same to be Annexed to the City". (St. Peter's United Church of Christ), followed by roll call after each section. The Mayor then put the question, "Shall this Ordinance pass?" followed by roll call as follows: Councilman Nolde: Yes Councilman Powell: Yes Councilman Peterson:Yes Mayon Charlsen: Yes Councilman Iverson: I am not opposed, but as I missed out .on the early,' discussions, Iwould like to abstain. RESOLUTIONPS The followving resolutions were, on roll call, unanimously adopted: 1. Direct=ing the Payment of Bills. 2. Vacati_rg parts of west Olive Street, formerly St. Paul Avenue, West Oak Street, formerly Division Street, and West Street in the City of Stillwaater, • • • (May 11, 1965-continued) we 3. Orrdering Improvement, Approving Plans and Specifications, and Directing Cl,.erk to Advertise for Bids (West Hancock Street surfacing). 4. ApPProving Employment of Seasonal Caretaker (Walter Erskine - Legion Beach) 5. ApPProving Employment of Seasonal Caretaker (Charles Mix - Lily Lake Beech) 6. Authorizing Execution of Deed (Skooglun Property) 7. Ac::cepting Petition and Ordering preparation of Preliminary Report (56nuth Sixth Street sewer and water -extension) B. Emsploying Engineering Services (Banister Engineering Co.) 9. Fi:xing Compensation of Director of Recreational Facilities 10. Apaprovirg Employment of Temporary Police officer (Donald Staberg) 11. On:dering Street Improvements, Approving Plans and Specifications and Di:.reating Clerk to Advertise for Bids. (L.I. No. 42) ADJOURNMENT On mot:.ion of Councilman Peterson, seconded by Councilman Iverson, the meeting adjourned to May 25, 1965, at 4:30 P. M. This meeting closed at 12:05 A. M. Attest:: J City Clerk Mayor 7210 • e • Council Chsamber Stillwater:, Minnesota Regular Ad9journed Meeting May 25, 1965 The meeting was called to order by President Charlsen. Present: Councilmen Iverson, Nolde, Absent: '.Sore. Peterson, Powell, UNFINISHED BUSINESS This was the day and time set to open bids Local Improvement No. 42: MulberryStreet Water Stxt eat Third Stnreet Myrtle S*+treet Churchil:.L Street Sixth Street Olive Street William Street Owens Street Second Street Center Street First Sttreet Second Street Sherburrne Street Hancock Street RESURFACING between between between between between SEALCOATING between between between between between between between between between between 4;30 P. M. and President Charlsen. on the following improvement, North Owens and North Fourth Street East Myrtle and East Chestnut Streets East Orleans Street & 387.46 ft. North of School Street Main Street & 105 ft. East of Water St. So. Third and So. Greeley Streets. West Pine and West Olive streets South Main and South SeconStreets reetsts West Mulberry and West Myrtle West Pine and West Olive Streets East Myrtle and East Nelsons Streets West Myrtle and West Ramsey Streets East Willard and East Orleans Streets East Willard and East Orleans Streets West Linden and West Myrtle Streets Sixth Avenue South and South Seventh Streets The Clerrk read the notice for bids aloud; the Mayor inquired if the notice for bids wa:.s 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 18, 1965. The Cleerk was then directed to open the bids and read same aloud. Bile No. 1 Bintuminous Surface Treating Co. Tower Grove Heights, Minnesota Total Bid - Resurfacing: $32,978.00 Total Bid - Sealcoating: $10,464.75 July 15, 1965 September 1, 1965 Sttart Work: Coomplete Work: B Lid No. 2 Trbwer Asphalt S.M. Paul, Minnesota Total Bid - Resurfacing: $26,338.50 'Motel Bid - Sealcoating: $ 7,547.50 July 15, 1965 September 1, 1965 S"atart Work: Complete Work: • (May 25. 1965-continued) 21..1\ • Biel No. 3 T. A. Schifsky & Sons, Inc. North St. Paul, Minnesota Tothal bid - Resurfacing: Tottal bid - Sealcoating: Stuart Work: ConapLete Work: $27,436.00 $ 8,000.25 June 15, 1965 September 1, 1965 Councilman Powell: I move the bids be referred to the Engineer for study, and recoomnendation at tte 7:30 session of this meeting. Councilman Nolde seconded the motion. (All in favor). Administtrator: As I recall, we have a contract with Tower Asphalt to surface our periling lots; are you prepared to finish the Peaslee Lot now? Tower As.sphalt Representative: Yes, within a reasonable amount of time. Engineers: The lot has now been cross -sectioned, or a grade established. Mayor Clharlsen: When will that be done? Engineer: We hope to get in and start cross -sectioning next week. We should be able to get started within two weeks after that. Mayor CMarlsen: The people downtown want to get it done and have meters rit in. Administrator: I'm sure it will be done within a reasonable amount of time. Engineer: I can let him (Tower Asphalt) know when we are going to have it ready. Administrator: This might be a good oportunity to take time to discuss a matter of importance. The City Attorney and I happened to be talking about N.S.P. as it might affect the City of Stillwater in the future; today we received from the Water Pollution Control Commission a notice tha.. the permit for the new plant was granted, etc., but this one sentence stood out - "discharge of sewage to Bayport Sanitary/ sewer system..." We should inform tham that we are thinking of a secondary treatment plant. Also, it is time to be tninking about annexation or we might find ourselves in an embarrassing situation. We received word from our County EAuditor that we had better get on the stick. The Municipal Commission favors aannexation of the Oak Park Heights area to Stillwater if Stillwater shows some initiative and shows that they are going to be ready for it. If we don't show envy interest in a secondary treatment plant we are not showing initiative. Mayor CHharlsen: We would have to put in lift stations - Bayport doesn't. I don't tlihink N.S.P. would be interested in the extra cost. Councilman Nolde: How much would it cost for secondary treatment? Administrator: One figure was stated at $300,000; I don't know if this is correct or not. Councilman Powell: Our sewer system we have now has a capacity of handling a populatiion of 10,400 - when you improve to secondary treatment, does it automatically take carte of more people or will it still run at the came capacity? Engineerr: At the same capacity. Councilman Powell: We should expand to handle more people, then. Administrator: If we get a good solid firm that wants to locate here, we should be read to accomodate them. is it wise to wait for them to ask if we can accomodate them, ors is it wise to act right away? Engineers: We are now running the sewer treatment plant at one-third its capacity, but ( 212 (May 25. 1965-contiinued) t we get three million gallons per day running through the plant in a heavy rainstorm. Councilman Povwell: Isn't it smart to think about enlarging at the same time? Engineer: Oh.. yes. City Attorney:: The Municipal commission will tell Oak Park Heights that they have to go witth either Bayport or Stillwater. Mayor Charisma: Bayport just enlarged their plant to include the prison - could Bayport take them? If I lived in Oak Park Heights, I would yell - I would rather Ele annexed to Bayport than Stillwater. Engineer: You' could enlarge our plant very easily. Mayor Charlsean: Let's show some interest in this, anyway. Let's have Banister give us an esttimated cost of this while he is over here. Administrator 1 An estimate should be obtained - if we lost N.S.P. coming into the City•of Stillwater, we have lost everything. If we get it annexed, our problems :are over. Mayor Charlse:m: As long as Banister is over here, let's ask him for estimated costs of a secoondary treatment plant. Councilman Peterson: Call him tomorrow as far as I am concerned. Councilman Povvell: I am in favor of doing that, and I am in favor of a secondary treatment plant, but not in regard to trunk line sewers. We might create the impression of not being able to stand prosperity. Councilman Noilde: I'm in favor of getting estimated costs. Councilman Iv,'erson: Yes, I'm in favor. Mayor Charisma: We should take into consideration the possibility of a trunk line sewer running down the highway and going into the plant. Mayor Charlsexa: I am almost positive the government will pick up the option on the City property for the new post office. You should call the architect and tell him to go ahead and meet with the department heads for their recommenda- tions so you can submit plans to the Council. Administrator: You want me to tell the architect to come back on the job? Mayor Charlseen: That is my personal feeling - how do you feel about it? Councilman Pocve11: I'm for reactivating the architect. Councilman Noolde: I'm in favor. Councilman Iverson: No. Councilman Peterson: Yes. Administrator_: Mr. Racchini wants to enter into a contract before he proceeds. If you want this you should pass a resolution authorizing us to do it. Councilman Noolde moved for the above; Councilman Peterson seconded the motion. Mayor Charlsesn: Have you heard any details on what the contract figure will amount to? Administrator_: It will be the standard fee. (See Resolutioan) • (May 25, 1965-continued) • 213\ On emotion of Councilman Nolde, seconded by Councilman Iverson, the meeting adjovurned to 7:30 P. M. 8:00 P. M. - Meeting reconvened. Engirneer. After tabulating the bids on Local Improvement No. 42, I find that Towers Asphalt is the low bidder. Schifsky is second. What projects lower has drone for us, they have done well. Councilman Powell: I move that the bid of Tower Asphalt is accepted. Councilman Nolde seconded the motion. (All in favor) Mayor Charlsen: Is there any chance of getting started on this project before July :15th? Engineeer: I will check. —' Mayor Charlsen: How heavy is the coating? Engineeer. One inch. Mayor Charlsen: Do you think it will hold on the Third Street hill? Engineeerc Yes. CITY Afl(INISTRATOR'S REPORT The Adnministrator read the following memo aloud: "Aes you gentlemen will recall, at a meeting held on May 11, 1965, I suggestted that you consider selling bonds, proceeds of which could be used for thee purpose of reconstructing as many State Aid streets as possible at one time. I have checked into this matter very carefully, and I find that a municipality may issue bonds for the purpose of establishing, locating, relocating, constructing, reconstructing, and improving municipal State Aid streets. pursuant to provisions of 162.18, M.S.A. There is no restriction upon the principal amount of the bonds except that th„e average annual principal and interest requirements shall not exceed 50% of -the amount of the last annual allotment received from the State for construo:ction purposes. On the basis of this allotment having been approximately $47,000 annually, the City would be restricted for the payment of principal and interest on a bound issue to $23,500 per year. It is estimated that $23,500 annually for principaal and interest would support a twenty year bond issue of approximately $300, 00a. You] will note that the City would have an additional $23,500 annually based on the ]last annual appropriation for the purpose of either constructing or re- constructing additional State Aid streets or, this amount could be used to retire the boncts over a ten year period. At the present time the City has accumulated in the State Aid Fund about $95,000:. this accumulation, plus a bond issue of $300,000 and estimated assessments to property owners of $150,000 - would provide a total of $550,000 for the recon- structiovm of municipal State Aid streets in the City of Stillwater, As .sat alternative plan for this proposed work, the Council could consider temporary repair of streets and accumulate the annual appropriations over a two or three year period and do the State Aid street project piecemeal; however, I be::eve this plans would be more costly as past experience has shown that more favorable bids are receiuved for larger projects - also, the City would have the expense of doing temperaryy repair work on these streets until enough money could be accumulated to reconstruuct them. It sahould be pointed out at this time that the first plan would involve interest charges oom the bonds at an estimated rate of Say; however, after careful consideration, • • 4/ - (May 25, 1965-contirnued) 214 r • • and after viewiang the State Aid streets in the City of Stillwater, it is my opinion as yours administrator that if our City is to progress, which I have every reason tco believe it will in the near future, plan No. 1 is practical and feasible. Also, a bond issue of this nature will not affect the net debt of the Citiy - by this I mean that this indebtedness will not create a problem so far as any future projects such as proposed new 2ity buildings, or any other nam-assessable projects. In view ()If the above, I highly recommend that the Council authorize the administrator to proceed with the necessary legal steps such as engaging engineers to suervey the State Aid streets, prepare estimated costs, hold public hearingss as required, and make arrangements for financing through a bond issue. L would allso Like to recommend that the State Aid streets receive priority as follows: 1. Pine Street Seeley to County Road 46 2. Myrtle Street Fifth Street to Owens Street 3. Mulberry Street Fourth Street to Owens Street 4. Greeleey Street Mulberry Street to City Limits 5. Lauret Street Second Street to Owens Street 6. North Fourth Street Myrtle Street to Laurel Street 7. Hazel Street Second Street to Highway #95 7. Seconth Street Olive Street to Hazel Street 7. Olive Street Second Street to Main Street 8. Fourth Street Willard Street to Pine Street 9. Sixth Avenue 6 Broadway Pine Street to Orleans Street Councilman Peterson: Would these streets be done in their entirety, or would the $550,000 roan out somewhere along the line? Administrator: We wouldn't know until the engineers came in. This should be thefirst step;; in the meantime the Council should set up uniform assessments per foot so an people would have the same assessment. Mayor Charlsen=: Are these all of the State Aid Streets? Administrator: All except Seeley to Grove. Engineer: Thatt is new - you could strengthen it if you wanted to so youwould come up to the standard of the rest of them. Councilman Powell: Can you estimate if this amount of money would cover the whole pa,ject? Councilman Iveneen: Is there a possibility of getting alternate bids on concrete? Engineer: You could ask for them, yes. Administrator: You might want to rearrange this order, but in my opinion Pine Street should the number one. Can we have the engineers give us an estimated cost of the package? Perhaps some of these could be constructed at less than 9 ton capacity as the engineer stated. Councilman Iverson: If the entire Project could not be completed, perhaps we could eliminates Mulberry. Administrator: When the bonds are sold it would probably be advisable to have a stipulation that they would be callable after ten years. • • (May 25, 1965-continued) 215 Councilman: Powell:We have had a hearing on Mulberry Street for surfacing; the property owners are resigned to the fact that they are going to be assessed Eor it. It would be a good move not even to consider Mulberry in this particular plan. Administrator: The only thing I had in mind is, it might be advisable to do all. of our State Aid streets at one time and charge the same as far as as::sessments. Councilman Powell: Why should you upset the applecart on Mulberry? Councilman Holde: I move we follow the recommendations of the City Admin- istrator :and proceed with this program. Councilman: Peterson seconded the motion. (All in favor) Councilman Iverson: This work on Mulberry - can it be taken out? City Attorrney: You let the bid already - Councilman: Uolde: We can always delete, but we cannot add on. Engineer: All we are asking for now is to ask Banister to come in and give us a cost to do these streets. Councilman: Iverson: Can we take Mulberry out of this contract that we let to Tbwer? Administrator: We can delete Mulberry if we wish. Engineer: IE the contractor goes along with it, that is. It was leftt that Mulberry would stay under local Improvement No. 42 for the present - vuntil Banister Engineering comes in with estimated costs for all State Aid streets. Administratror: The bill passed for an Act relating to disaster in Washington County origginally was unconstitutional - fortunately it was discovered on last Friday, - Through Howard Albertson it was brought before the Revisor of Statutes armd it has now been taken care of. The bill orr the municipal court passed - the County shall pay $4,500 toward the judges salary instead of $5,000 - the City shall pay $3,000; but, I was informed - and so was the county auditor - that the bill would neec no ratification before it is adopted - the bill was passed but we now find that this its not yet a law because the County Board must file a ratification that they are in full agreement with the law and so must we. If the county decides not: to go along, the bill will not be in affect and the salary would revert back: to $3,600 on July 1st. Councilman :Powell: If we have to certify this that would leave the county commissione::rs to reject or accept it - if we do publicise it , it may bring more pressunre on them. Administratoor: The way this thing has been kicked around, the less publicity, the better ±for the judge; the PERA bills also went through. Mayor Charism: Was anything done about public officials on PERA? Councilman Poowell: At one time you (Administrator), stated that you felt that if it were proposed by itself it wouldn't pass. Administratoor: I would think that right now the climate would be good for a special election. Councilman M.➢ulde: Why don't we try that? • • (May 25, 1965-continued) • 21_6 • Councilman Powell: If people are presented with a question of this type - if they feltt it was out of line, they wouldn't pass it. I think $100 for the Mayor and $7V5 per month for the councilman would be reasonable; this would allow us to get in under PERA. City Attorney: Would the Charter Commission go along with this one item? Mayor Charlesen: We wouldn't get to first base doing it this year. Councilman Mblde: It would create a little interest in the community. I think we shcould instruct the Administrator to call a Charter Commission meeting and /save them consider putting this to a special election. Councilman /Dowell seconded the motion. (All in favor) r„ The Administtrator reported that he had received a letter from Mr. Knapp of the Post Office Department, which read in part as follows: "....The present multti-family zoning (present City Hall property) does not meet with the approval of the Department. A commercial zoning would be much more desirable. Assuming this site could be zoned commercial, what would be the requiixcd set -backs? If the existing garage would still not meet such set-baoek regulations, would the City Council grant a variance?" The Administrrator was then directed to contact Mr. Knapp and inform him that the necessary steps would be taken to rezone the City Hall property, and that any required variances in set -backs, etc. would be granted. The Administirator read a letter from Swager Bros. as follows: "With rregard to Lakeside Drive, Lakeview Terrace Addition, Stillwater, Minnesota, w.e respectfully submit for your consideration and approval that said Lakeside Drive shall be constructed twenty-six (26) feet in width. Since maid Lakeside Drive will carry one-way traffic only, it is our feeling than a twenty-six foot street will be adequate. In addition, the increased boulevard that would result from this change will greatly facilitate the installaation of gas mains by the Northern States Power Co. In as much as we anticipate starting construction ---of the concrete curbs along Lakesiide Drive as soon as possible, your prompt action on this matter is -eery muctt appreciated." Councilman EMowell: Do you have any serious objections? Engineer: I2b - other than I would suggest they put up signs stating parking allowed on cone side of the street. The City Enggineer submitted the following report for Council considerations 1. Wouuld like to request that Mr. Richard Raboin be classified as a permanent employee and that his salary be raised from the present $1.75 per hour to the classification of Laborer at $2.10 per hour. This being that he will be raised periodically until he reaches the classification of Driver —Operator, if he proves to be qualified. 2. I wxould like to request that Mr. Clarence Brandts' salary be increased from thne $1.75 per hour present salary to $2.00 per hour. This would be in keeping with the wages of the men that have been transferred from the dike cllean-up to the street department as temporary employees. On motion off Councilman Powell, seconded by Councilman Nolde, the above increases weere granted. • • • • (May 25, 1965-continued) • 217\ 3. It t is apparentto eecthatlongview of the river remaining over the to have to take some measures to check and period fclean the time tsewer are we esng we are able to as soon as possible. This is keeping lineshthat days that the City has to file their re p so in mindithe t90 when the river does recede to normal that some damage could realizethat the done. Therefore some decision should be reached concerning the matter. Time is a factor in this matter. Administrator: We are doing the best we can on them - that is all we can do. 4. In the matter of the request of Dr• Gene A. Schleusner of 1215 No. Carnelian for water service to his home that was referred to this de- partment at the meeting on May llth, I have contacted Mr. Harold Foster of thrBoard of Water Commissioners, Manager, and he stated that the Board has no objections to Mr. Schleusner hooking up to the watermain on North William Street, providing that Mr. Schleusner has a letter written and properly signed and notarized that he or any other party that owns said property understands that they will be subject to assessments if and when a watermain is constructed in Carnelian Street. Also, there will be a charge to connect to the main on North William Street as Mr. Schleusner did not pay any of the expense of constructing this watermain. City Engineer: If this is alright, I will get in touch with Mr, Schleusner andiinform him of this decision. Mayor Charlsen: What is your recommendation on the matter of Bergen's request to makke Lakeside Drive a 26 foot street? Council/man Peterson: What is he going to ask for next? Engineer: He is not requesting it - Swager is. Bergen is willing to build a thirty' foot street, but Swager wants a twenty-six foot street to facilitate gas lisnes,etc. Councillnan Powell moved that the request be granted; Councilman Nolde seconded the nnttion. Engineer: I have none, Mr. Mayor. That situation has gotten way out of hand anywayi; it never has conformed to the ordinance anywhere along the line. Mayor Carlsen: What are you going to use for an excuse when others come and askx for the same thing? The vote on the motion was as follows: Councilman Nolde: Yes Councilman Powell: Yes Councilman Peterson: No Councilman Iverson: No Mayor Chtarlsen: How much of a hardship will a thirtyi foot street? Engineer: Every time they have to put in a private _property. in it create by making them put in gas line they would be digging on Mayor Ch;:arisen: Why can't the gas lines be put in before the street is built? Engineer:1 They don't know where the houses are going to be located on the lots, etas. Mayor Chasrlsen abstained from voting on the motion. • • (May 25. 19658-continued) 218 • • • Mayor OCharlsen announced that the councilmen have been requested to ride in the Stiillwater Memorial Day Parade. At the request of Mayor Charlsen, a discussion was held on the matter of church: assessments on Local Improvement No. 24. He stated that Trinity Lutheran Church (assessed in the amount of $1,000 based on membership) felt tl:heir assessment was excessive and would not pay it until it was reducee0 to cooincide with assessments of other churches in the city. The church: board had informed the City that their paid membership did not amount: to one thousand people. Administrator: The Presbyterian Church was assessed for $800. Councilman Nolde moved that the Trinity Luthern Church assessment be reduceei from $1,000 to $800, provided that it is paid. CounciiLman Powell seconded the motion; Councilman Iverson was opposed. Mr. Drive Wolf appeared before the Council in regard to his request to convert an old church located on Oak Street to an eight apartment dwelling. Mr. Woolf: I don't know what to say, the Planning Commission is going to make a, recommendation to you - I wasn't ie on that. My original eight was curt down from twelve - I am quite/thy won't recommend that. They might go for six; they asked me to leave so they could talk it over. (PlannsLng Commission was in session at the same time as the Courcil). The ki•Jls are just ruining the building - I will have to have a truck to haul t:he rocks out in a few weeks - there won't be anything left of the buildiiag. Mr. Joohn Condon Planniing Commission member You wiiLl get a recommendation from the Planning Commission that Mr. Wolf should9 do more investigation and come before the Council in two weeks with a slig9htly different plan. Mr. Montt: It's a gamble if I go for six - if it could be approved for that I might take the chance. Adminiistrator: Did the Commission indicate that they would go along with six apnartments? Mr. Condon: They indicated they would go along with six apartments provided that MN:. Wolf is able to get more land; actually, for six apartments he should have am little over 15,000 square feet of land. He should have some hope of kncwing that within a couple of weeks. Mr. Wolf: I don't think there is any use - the only way I could get the land ius to vacate the street. Joe Crimmins is favorable and Reg Kilty is favoraable - others involved would be the church and Mr. Kreamer. Mayor Charlsenz You would have to submit a petition to vacate the street. Mr. Wolf: Would you indicate if I am knocking my head against a wall? If the Councitl accepts the original petition, am I to assume there is a chance? Counciilnan Powell: The first thing of concern to the Council would be whether or not) the Planning Commission made the recommendation that this be done - judgirng from their attitude, I would think they would be in favor of it. Adminiistrator: Is this street used a good deal? • • • (May 25, 1965-continued) 219` • • Engineer: No sir; to the best of my knowledge it is used as a very lightly travel seg:laent. I would have no objections to vacating it. Mayor Char:•Isen: Why don't you see if you can get this petition and bring it in. ORDINANCES: On motion oof Councilman Nolde, seconded by Councilman Powell, the Clerk made the first :reading of, "An Ordinance Amending an Ordinance Entitled, 'Zoning Ordinance oof the City of Stillwater''. (City Hall property on North Third Street) RES0LUTIONS9 1. Directiing the Payment of Bills (repass - passed originally on May 11, 1965) 2. Directiing the Payment of Bills 3. Confirming Appointment of Beach Personnel and Fixing Compensation 4. Acceptiiag Bid for Construction of Local Improvement No. 42 5. Approviimg Employment and Fixing Compensation of Caretaker (Emil Peterson) 6. Authorilsing Contract Negotiations for Architectural Services. ADJOURNMENT". On motion o.E Councilman Peterson, seconded by Councilman Iverson, the meeting adjourned a*d 10:05 P. M. Attest: Mayor • 220 • • Council Chamber Stillwater, Minnesota June 3, 1965 5:00 P. M. Special Meeting The meeting was called to order by President Charlsen. Present: Councilmen Iverson, Nolde, Peterson, Powell, and President Charlsen. Absent: None The Administrato:or reported that the Off Sale Liquor License Certificate issued to Gail Wayryne:n, 226 South Main Street, on November 24, 1964, could not be located as Mrs. Wayrynen has left Stillwater and cannot be reached. Failure to locate this .certificate is holding up the issuance of an Off Sale Liquor License to Mr. :Lawrence Sharp at the same address. Councilman Powe,Ll then moved that the Off Sale Liquor License in the name of Gail Wayrynen boe cancelled as of this date; Councilman Iverson seconded the motion. (All La favor) ADJOURNMENT On motion of Co-,ancilman Nolde, seconded by Councilman Powell, the meeting adjourned at 5::L5 P. M. Attest: City Clerk Sadie ladaw-- Mayor • 22'11 Council Chamber stillwatevr, Minnesota Regular Meeting June 8, 1965 7:30 P. M. The meeting was called to order by President Charlsen. Opening-porayer by the City Clerk. Present: Councilmen T 'arson, Holde, Peterson, Powell and President Charlsen. Absent: None. Administrators Mr. Banister of Banister Engineering is here this evening, I asked his® to appear in regard to estimated cost for secondary treatment facilities. (Mr. Browser read a letter at this time which was received from Mr. Banister) Mayor Chastiser That answers the questions pretty well, I would say. It would cost abouct 61,106,000 for secondary treatment. Mr. Banisster: This is currently the situation as far as the Minnesota Depar:.ant of Health: and the Water Pollution Control Commission is concerned as to the quality of the riiwer water - unless rigid standards were set you would not have to provide secondaryv treatment unless (see letter) Councillors Molde: In the event we are required to upgrade our plant, how long would it take to construct it? Mr. Banisater: If you were to start construction in February, you would get it in gseration :by the end of the same year. When these things take place, the Commission usually gyLves you time to do it. Councilman Holde: In other words this is not an urgent matter right now as long as we ares planning to do it in the future? Mr. Banisster: That is my opinion - what the Legislature will do two years from now, no case knows. Administrator: Our present sewage facilities will accomodate how many persons? Mr. Banisters It's designed for about 13,000 or the equivalent thereof. but because iit's combined sewers it takes about 4.4 million gallons: per day. Administrator: In the event that this annexation (Oak Park) comes about, we are prepared as long as we are making an effort here to take on additional territory, and you)boelieve the Commission would approve it. Mr. Banister: I can't answer this question; I think the request would have to be made at tihat time. Councilmen Powell: Is it possible, in your report would you state that we could just add on secondary treatment or enlarge the primary? Mr. Banister: You would have to enlarge and then add on. It's possible that by using a dBifferent method of treatment this could be done, but that would require a lot of study to determine the most economical way. Mayor Chsrlsen: How are you coming along with the streets? Mr. Banisster: That is a very good question - what we will have very shortly is an estimaste. (June 8, 1965-continued) • a COMMUNICATIIONS From R., W, McGarry & Son Agency, enclosing check in the amount of $1,268.65, representing dividend earned by the City under its Workmen's Compensation policy which expired on November 15, 1964, Copy of a Letter written by Congressman Joseph E. Karth to Congressman Michael J. Kirwan, in regard to investigation for flood control works on the St. Croix River. Congressman Earth requested that special consideration be given by the Public Work. :a subcommittee to include $12,000 in the public Works bill for 1966 - aaid amount_ to cover the cost of a study on flood control. Administrate:or: At least we have a request in for aid. Mayor Charleston: I was approached this afternoon by a downtown businessman - he said that according to the gentleman from the Corps of Engineers, the flood waters wouldd not have been up to his first floor if the dike had not been built: Administrator: I don't believe this information is correct. Engineer, in your opinion, where would the water be on Main Street if the dike had not been built? Engineer: I'et depends on the location. Mayor Charisu n: The reason I bring it up is because I don't think he had any business te1:.Ling him that. Administrator:: you understand that this survey has to be made in connection with any permanent flood control - they have to determine what the damage would have been if the odike had not been built - if the damage is less than the cost to build the dila* they will not do it. Prom Col.Lea114e B. Harding, U. S. Army Engineer District, corps of Engineers, stating that funds to initiate a study on the St. Croix River are being considered for inclusions in the supplemental budget which is being submitted by the President. From the Sti1.:Lwater Planning and Zoning commission in regard to request of David Wolf to convent old Salem Church to apartments; and in regard to request of St. Peter's United Church of Christ for variance in set back requirements. The ComMissionn recommended that Mr. Wolf be permitted to remodel the church into a six unit apartment building, providing the building code is observed. (In order to observe the building code, Mr. wolf will have to acquire more land - he is now investigating this possibility). The Commission recommends that the City issue a permit to St. Peter's United Church of Chriiet if they provide a set -back from the front property line of twelve feet on. more; and they recommend a rear lot distance of 22 feet from the property aline to the building be accepted. Councilman Pow.:ell: I move the report of the Planning & Zoning Commission be accepted, and that we grant a variance permit to St. Peter's United Church of Christ, pro•iiding the Municipal Commission approves annexation. Councilman Peteerson seconded the motion. (all in favor) • (June 8, 1965-continued) 223' From the National League of Cities, inviting city officials to attend the Congress of Cities. to be held in Detroit, Michigan on July 24 through 28, 1965. From the League of Minnesota Municipalities, announcing 51et annual convention, to be held at Moorhead, Minnesota in June 16 through 18, 1965. Councilmen Sowell, Peterson, Nolde, Iverson, and Mayor Charlsen indicated that they would attend the the convention. From the State of Minnesota, Water Pollution Control Commission, relative to financing reepair of flood damage to sewage works. From the Ateterney General's Office, addressed to Philip H. Eastwood, regarding State of Minomesota, et al. v. Morton Salt Co., et al. (State of Minnesota filed suit against( various salt companies for price-fixing; as the City of Stillwater purchased salt from these companies over the past few years, the City can participate in the suit if so desired). City Engineer: The amount of salt we have purchased compared to other municipalities and governmental units is nominal. Councilman Molds moved that the correspondence be filed: Councilman Peterson seconded,the motion. DELEGATIONS OR INDIVIDUALS Mr. Harold PMrog appeared before the Council and requested that something be done about the allley adjacent to the First National Bank Building. Mayor Charlene: me Chief of Police said he would run through it a couple times and see if le could change it. Engineer: Alt the time it was recommended that that alley be reversed. it was also recommended that it be a right turn only onto Myrtle Street. Mayor Charlesen : The reason it wasn't changed is because of making the sharp left turn. That is up to the police chief to make the decision. Administrates: The chief has checked this - there is no difficulty in making a left turn - he recommends that traffic turn right when it gets to Myrtle Street. Councilman HNOLde: I move we follow the recomsmondation of the Chief of Police. Councilman Nleterson seconded the motion. Mayor Caarlesen: Make it south instead of north (alley between Commercial and Myrtle Street). CITY ADMINIaTRATOR'S REPORT Swager Bros_, have requested that approval be given to making Lakeside Drive a twenty-six Moot street. Engineer: It can be completed without a great deal of difficulty - I have given it a prefunationary check - they proposed an open spillway drain and would like to get startled with it. (224 (June 8, 1965-continued) • e Mayor Charlatan: When they get that street in, we will be able to approve the plat is that: it? Engineer: Mere are some minor details that must be completed - gas mains, etc. Mayor Charls.en: When that is done, as far as the plat is concerned, we can o.k. it, then. Engineer: Wye are having considerable difficulty trying to keep lights in the band shelter at Pioneer Park - they seem to be a terrific target for rocks. Mr. Brower snuggest we put up some kind of lattice work... Mayor Charles's: Check it out and see what it would cost to put some kind of wire cage over the. bulbs. The Administnator read a list of damages, caused by the heavy rainstorm on May 31st and June 1st, which had been submitted by the City Engineer. Councilman Peterson: Did you get any information about getting money for street damages? Mayor Charisma: We talked about it, but they doubt it.. Administrator There was a washout at !killer's property the night of the 8 inch rainstorm. Ir:a walking back to the source, a ditch washed out; the engineer says the city' is not liable. Councilman No:1de: Whose property is it? Administrator:: The railroad's. Councilman Nollde: Does Muller want to be paid for it? Administrator:: They are asking that fill be hauled in there, but it's not a good idea to fill LW on private property. Councilman Powell: We'd better let it stand. We can't be responsible for every rain storm thaat comes along. Administrator:: I asked the City Attorney to check and see if there is any way to levy more money for emergencies. The City Attorney said no; he can't find anything: Thee Charter says that street lighting is the first thing that should be cut when thtere is a lack of funds; then cut in aiy other departments you think you can cut dews until you get under the budget. We are now over the budget some $40,000 tto $60,000 and can't find any authority to give us the right to make a levy next year. Councilmen Powell: Do we have all the bills in now on the cost of the flood? The reason I masked is, when are the bills going to be sifted? Now many of these bills are bills that will not be covered by the OEP? The bills that are not eligible 'hound not be put on general taxation just to meet expenses. Administrator:: Well, what is your opinion? Do you want us to cut down on the number of men 'working in the Street Department? Councilman No1..Qe: I move we continue on the way we are :ping and fix the streets. Councilman Peterson: What are we going to do about the budget? • • (June B, 1965-continued) 225\' Mayor Charlton: Let's get the streets fixed so people can drive on them, Councilman Peterson: We are going to have to cut down some place, to Mayor Cha®1sen: If we owe people money and we can't pay the bill, do you mean say people will suffer the loss? Councilman Powell: Would it be possible to borrow from the sewer revenue fund and retiree it within the year. Administrator: You can do this, but we would not have money in the general fund to retire the indebtedness, Mayor Char:lsen: Before the end of the year we will get a permit and raise the money somewhere. Councilman Powell: I move we proceed with street repair as we are doing now until our JJo1y meeting when we can review it. Councilman Peterson:seconded the motion. (all in favor) PETITIONS Petition sieved by Gene A. Schleusner, 1215 Carnelian Street. requesting installation of water line in Carnelian Street between Stillwater Avenue and St. Croix Avsenue. City Engineeer: Be can have this done providing he signs something to the affect that he will! be subject to an assessment in the future. (See minutes of May 25, 1965, gauge 217). Councilman Penwell: is there something that Should be recorded on his deed? City Engineers: Yes - he has been informed of this also. Petition fro® Bill Building Gbmpany requesting installation of sewer from the corner of arilek and Willard Streets, and terminating fifty feet from the South end of Lake DOtive. On motion of Councilman Powell, seconded by Councilman Peterson, the petition was accepted.. (See Resolution) UMPINISBSD BUSSINESS None. NEW BUSINESS On motion of Cdouncilman Powell, seconded by Councilman Nolde, the following bills were *pp -towed, and the Administrator was directed to submit Certificates of Approval to the State of Minnesota for filing: Chapter 252 - Disaster Emergency Powers Chapter 876 - Salary of Municipal Judge and County Contribution (County - $4,500; City-$3,000) • i226 (June 8, 19045-continued) On motiocn of Councilman Powell, seconded by Councilman Peterson, the following insurance policy was approved: No. AU 91-86-92, covering Stillwater Civil Defense truck for bodily injury liability and property damage liability; Premium - $119.00, April 28, 1965 to April 28, 1966. On motion of Councilman Peterson, seconded by Councilman Powell. the following Fire Protection contracts, covering the period May 1, 1965 to May 1, 1966, were approvedh Grant Township Stillwater Township May Township $1,786.97 $1,508.36 $1,024.92 Report o:t Fire Department operations covering months of April and May were submitteed for Council approval. (copies to be mailed to Mayor and Councilmen) Report off Inspection of boilers at the Fire Station and the Library was submitted by the Employers' Group of Insurance Companies. No recommendations were made for the:Illbrary boiler; however, the Fire Station boiler is in need of minor repairs. (Refer to Building Inspector for necessary steps) On rations of Councilman Nolde, seconded by Councilman Peterson, the Building Inspector's report covering activities during the month of May, 1965, was approved.. On motion,of Councilman Peterson, seconded by councilman Molds, the following securities:, pledged by the Cosmopolitan State Bank to secure City deposits, were released: $2,000 Dodge County, Minnesota, Independent School District No. 30, Masson, Minnesota, 1.75%, School Building, Bond of 1947, *116/7 @ 1M each, due 5-1-65. $5.000 City of South St. Paul, Dakota County, Minnesota, 2.10% Municipal Building, Bond of 1954, #569/73 G 1M each, due 6-1-65. The Adminiletrator reported that a Summons A Complaint had been served on him in the mantes of David Reichow vs. the City of Stillwater. (copy mailed to Rrog Agency and City Attorney on June 4, 1965) Mayor Chartism: That pump at Schulenberg - is it the City's responsibility to keep that pump there? Engineers That would have to be up to the city Attorney. City Attorney: I don't know - I rather doubt that it's a liability of the city. Councilman liolde: I think it would be kind of ruthless to let those people go without wafter. Is there any way to put in a pump that won't break? • (June 8, 1965-continued) Councilman Peterson I would like to make the motion that the Engineer put a new pump in Utters. Councilman Ncolde seconded the motion. (all in favor) Notice of Clamim against the City filed by Dennis J. Holisak, 298 Hanline Avenue. St. Paul, Minnesota. (copy mailed to Hrog Agency and the City Attorney on June 4, 1965— On motion of Councilman Powell. seconded by.Councilman. Nolde. endorsements to the following''inaurance':policies.were approved: Entwinement to Insurance Policy No. 41C 534140, adding 1960 .Falcon two -door - SN s-01111S197242 (bodily injury and. property damagge) Endoxisement to Insurance Policy No. IA 646516 adding 1960 Falcon two -door SN-S-OR118197242 (comprehensive and collision) Notice of continued hearing in the matter of the petition for annexation of certain land to the City of Stillwater (certain property located in Oak Park Township. Mayor Charlenen: May I suggest that no one from the City of Stillwater appear at that meetiing; we didn't know about this hearing until it was published.' It was reported that Mr. Arno Schwantes' term as a member of the Board of Water Commissioners. expires on July 1, 1965. Mayor charlsean: Do you have any objections to his being reappointed? If it's all right witch you gentlemen, I will call and ask him if he will accept renomination. ORDINANCES None RESOLUTIONS The followings resolutions were read, and were on roll call, unanimously adopted: 1. Directingg the Payment of Bills. 2. Approvingg Law, Chapter 252 (Disaster Emergency Powers) 3. Approving& Law. Chapter 876 (Salary of Municipal Judge and County Contribution) 4. Accepting, Petition and Authorizing Preparation of Preliminary Plans and Specifications 227�, • %228 (June 8, 1965-continued) • • 1 ADJOURNMENT On motion of! Councilman Powell, seconded by Councilman Nolde, the meeting adjourned at: 10:45 P. M. Attest: City clerk Council Chaanbsr Stillwater, Minnesota itofeema Mayor June 9, 1965 5s00 P. M. Special Meeting The Meeting -was called to order by President Charlsen. Presents Conancilmen Iverson. Nolde, Peterson, Powell and President Charlsen. Absents Nonce Mayor Charlssenz The meeting was called for two specific purposes: the parking committee ism here, and also we will have a report from our fiscal agent. Administratoor: The Parking Coamittee met in my office two or three days ago and recommended at that time that the Council consider settling the appeals which are now pending in District Court and will be called on July 11, 1965. The Parking._. Committee female that the City should affect a settlement through its City -Attorney - in all instaences settle at $7.00 per foot. They also recommend that two assessments - Bliss and Naelinoff, be adjusted to assess only on one side. After careful consideration and discussidon with the city attorney we feel this might be the wise thing to do at this stage of the game. Mayor Charisma: You want to adjust sides of two buildings, but you are assessing the sides of! the Cosmopolitan Bank, Washington Federal, Farmers & Merchants Bank, Reeds, etc.= is that fair? What gives these two places of business any better break than mate others? Administrator: There is no longer an office or business on the side of the Bliss building. Mayor Charism: There was at that time and there is now - there is an opening to apartments upstairs. Administrator: Let's let these go to court then - how about $7.00 per foot on those that are appealing - these people are willing to pay $7.00 per foot... Councilman Molds: What about Stillwater Manufacturing - Sheldon had that property at that time and knew it was $15.00 per foot - their time to appeal had run out. Administrator: I wonder how Mr. Springsted feels about this. The City might be in a bad position if we lose the appeal. • • r-� (June 8, 1965-continued) 229` a • Mr. Springsted:a It might be presumptions of me to have an opinion - you do have a committee on this, but the first question is what is the degree of benefit? When the =rent was made, the same formula was used as for street lighting, Mayor Charisen:a That was the formula agreed upon by the Chamber of Commerce and the Parking Coasmittee. Mt. Springsteds: Right. I think I would be getting into the field of your city attorney if I utad an opinion as to assessments. Councilman Powaell: If we allow these to go to court, and you say we might lose them,if we lose an appeal, I can see no case where we would lose the appeal as to where we would get nothing - a 50% reduction would be $7.50 per foot - it would come out as good or better. I don't think the court would allow anybody a clear bill of sale. Mt. Springsteds: Each assessment stands on its own - this is not a class suit which is being brouglttt here= the rest lost their chance to appeal. Mayor Charlsena: Where are we going to get this money to make up? Administrator: Prom a tax levy. we do have on hand $58,000 that has not been spend from the bonds. Mayor Charlsen:a But most of that is going into the Peaslee Lot. Mr. Edward Frye: You have Revenue from meters. Mayor Charlsen:: Revenue from parking lots is not amounting, to a hill of beans. Administrator: I wouldn't say that, Mayor. Mt. James O'Brien: Are we getting our $500 from S.S.P. yet? Mayor Charlsen:: They won't pay it until we get in there and level off the lot. Administrator: If the bonds are retired as scheduled, the interest will amount to $73,000. Councilman PoweeLls Do you have a schedule set up by which you retire these bonds? Administrator: We levy so much per year - $4,500 - this is mandatory. Mt.' Springsted:: It's not mandatory if you've got other revenues. The Administrator reported on revenues from parking meters at this time. Mayor Charlsen:: We are averaging about $100.00 per month, then. where are we going to make up the difference? Mr. Gfrerers We could settle on $7.00 per foot - adjust assessments to Ralinof£ and Bliss, and still came up with $103,000 assessed. Councilman Powell: Do you think it's right? Mr. Gfrerer: II don't know if it's right or not. Mayor Charlsens: The idea is that you are doing it for two pieces of property and not for the reset. Mt. Ofrerer: They are being assessed on two sides - they should only be et on frontage - thiss was a mistake in the engineer's office in the measuring. The others are not complaiining. Mayor Charlsen: The understanding was that everyone was being assessed in the same manner. Mr. O'Brien: Milky not let sleeping dogs lie on the ones that are not squawking, and just adjust those toad? • (June 8. 1965-cont:Lnued) Mayor Charleens I am afraid we would get into trouble. The Administratcor then read the names of those persons appealing the parking ament. Mr. O'Brien: A:.s far as we know, Stillwater Manufacturing and Stillwattr Motor would accept $7'.00 per foot. Mr. Frye: So would Maple Island - this $7.00 they have agreed to is unofficial. There is no guanramttee they will get it settled out of court. Mr. Springsteds The court will not set the amen; they will not say $7.50 is too such - the Council will have to - you could come back with $7.25 if you wanted to. Mayor Charlton: If we settle for $7.00 per foot, the others will say they are entitled to the; same consideration. Councilman Iverrson: If my memory is correct, some appeals were filed just in case some adjustment= were made. Administrators Maple Island is the one we are concerned about here. Councilman Pose:411 I personally don't think any of the others could afford an attorney. Councilman Bolds:: Isn't Bliss'a property value increased with a parking lot right across the streset? Mr. O'Brien: Yves. Councilman Molds:: Then why are you recommending he be adjusted? Mr. O'Brien: wee pushed front footage. nn. Springetsds The easiest way would be to settle these things, but you may be establishing a :dangerous precedent. The law says you must have hearings - the.. Council then males its adjustments and if they still don't like it the people can make an appseal. Mr. Frye: We aue recommending that the city attorney try to compromise with. everyone at $7.00 per frost with the exception of Bliss and Kalinoff; they should be assessed only on the siddes. Councilman Powe,Lls After what Mt. Springsted said, do you still think this is the way to do it? Councilman Boldde: I make a motion that we postpone this meeting until the city attorney is present. (Bo second) Mr. Frye: I wa::s in agreement with Bill until bearing Mr. Springsted; I am now inclined to go :along with the Council. Mr. O'Brien: Sao am I, but in all fairness, I think Bliss and Kalinoff should be corrected. Mr. Springsteds As far as those who did not appeal - their time is over; otherwise there would newer be any finality to these things. The only way the whole assessment could be thrown: out is if a class suit were to be brought, but this is not the case here. / Councilman Molds.:: The Committee has to stick with the Council: we have to be united if we go into coourt. Councilman Iverson: We should let it stand as is; all but Maple Island, the City Attorney was dissected to negotiate with them. MAY • • • (June 8, 1965-continued) Mr. Frye: The Parking Committee recommends $7.00 per foot for Maple Island. Mayor CharLeen: Make it $7.50, then it will be just half. Admsinistramtor: Is the Council willing to direct the City Attorney to negotiate with Maples /eland for $7.50? Mayor Char:Leen: Nothing under $7.50. Councilman: Iverson moved for the above; Councilman Powell seconded the motion; all in favor. Administrations As directed by the Council I talked to Mr. Springeted in regard to setting up ifiaancing in regard to a State Aid Street program. Mr. 6 rin aced will report at tthis time. p g Mr. Springsted; Briefly, to review for you the precedure for issuing state aid bonds; they have set up a program whereby you can borrow on funds you are going to receive from the Mete over a number of years. The limitation is that the payment of principal and interest cannot exceed one-half of the last year's allotment - you are limited to an average payment of $23,500; using that, we have tried to determine the size of the issue that can be handled. There is nothing to restrict us from going out thirty years and boorrow more money. but maybe this wouldn't be realistic as it would be a mistake to bond beyond the normal existency of streets which is about fifteen years. On the basis of a bond issue of $300,000, each year the payment would be an average of $23,500 •- it would be assumed that if you went into $300,000 you wouldn't have time to be 'doing much else; payment of principal and interest the first two years require all. of your allotment from the State, so you wouldn't have anything left over. As the bond !maturity goes along you would pay a smaller amount each year. You will have other aneeds for your money, so as your payments in later years will be smaller it will leavve that much more available for street work or another bond issue. You can issue bounds payable solely through State Aid, but I would suggest that you make them general' obligation bonds - this is a very attractive bond because you have double security; the full faith of the City and income from the state. • Administrator: A $300,000 issue plus $95,000 we have on hand, plus assessments you will levy widll bring us up pretty close to $550.000. It is the feeling that the people will object to the $7.00 per foot assessment; it has been suggested that we set a standaeed of so much per foot hereafter for State Aid Streets - something like $4.00. Mr. Springstted: Someone living on a State Aid street shouldn't get a break any more than anyone else. Mayor Charismsn: This would be for a new street in the future anywhere in town Administratoors This idea would be to set so much a foot if it were a completely new street. Councilman NMblde: Go through the records of old streets and get an average. Administrato:s I think this should be considered - in using sonethaing uniform throughout it would be 010 your opinion do you think by Mr. Springstrd: I think so, yes. Administrators We are informed that it would be impossible to do all of the streets this year; itt is anticipated that only two streets can be completed this year - is it permissable Ito invest this money until the balance of the project is completed? Mr. Springsteed: Yes - the State has no objection to this. Before taking contracts and before meeting assessnents you have to have the usual hearings; if you are going to assess for it, you can issue improvement bonds for it but if you are only going to do two streets you can only issue the amount you have taken contracts for. This would be just. as well - if you issue $300,000 now, keep it invested and push up your issuance of i_oprovement bonds - don't let any contractors start work on state -aid streets without going through hearings. What you are doing is setting up a revolving e 231 • • f232 • (June 8, 1965-continued) fund - these Ibonds are going to be paid off from money coming in from the State. You are building up a fund so you can have a continued street program. You are getting $300,1000 cash that you are not paying off with sments. Councilman Peterson: Does this effect our net debt? Nr. Springste.&: No. Administrator:: For a City Nall. this is a net debt, isn't it? Mr. Springsteeat Yee. Councilman NooLde: When the option is picked up, you should go to work on that. Mt. Springsteea: It would be nice to have the money and keep it invested, but construction costs are out of hand, so it would be better to wait until you get construction bids and then borrow your money. Administrator:: It is his recommendation not to go into an issue until the contracts are let. Date of Boma Sale was set at 1:00 P. M., June 30, 1965. The City Admilnietrator presented to the Council the proposed form of Notice of Bale for $300L.000 State -Aid Street Improvement Bonds of 1965. The form of. Notice was oonsideree1 and approved by the Council, and the Administrator was directed to filea copy owe the Notice in his office and to attach a copy thereof to the,.. minutes of thole meeting. Councilman Nolde then introduced Resolution No. 2768... entitled, "Revolution Providing for the Public Sale of 8300.000 State -Aid Street.. Improvement Blonds of 1965." Councilman Powell seconded the motion and upon a vote being taken thereon. the following Councilmen voted Ayes Iverson, Nolde, Peterson. Powell, and the following voted No: None: Whereupon, sand resolution was declared duly passed and adopted and was signed by the Mayor,,, attested by the City Administrator, and directed to be published. ABSOLUTIONS The followingg resolution was on roll call, unanimously adopted: 1. Fixing Compensation of Secretary (Carol A. Peterson) ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman golds, the meeting adjourned at 7:00 P. M.. Mayor • Council Chamber Stillwater. Minnesota June 30, 1965 1:00 P. M. Special .Meeting The meetring was called to order by President Charlsen. Present=a councilmen Iverson, Nolde, Peterson, Powell, and President Charlsen. Absent: None. The City Clerk presented affidavits showing publication in the Commercial West, and in tine Stillwater Gazette of notice of call for bids on $300,000 State -Aid Street BSonda of said City. Said affidavits were examined, found to comply with the provsisions of Minnesota Statutes, Chapter 475, and were approved and ordered placed con file. The Mayor stated that this was the time and place fixed in said notice fax the receipt of bids for said bonds. The Clark stated that four bids had been received by him before the time specified in the :motice of sale of said bonds. The bids were then opened and found to be as folic was AMERICASM NATIONAL BANK AND TRUSTS COMPANY St. Paul, Minnesota Parsers 6 Merchants State Bank Stillwater, Minnesota ALLISON--BILLIANS COMPANY J. M. Dasin 6 Company, Inc. Northweeatea National Bank Piper, Jlaffray & Hopwood All of Minneapolis, Minnesota Coemopolliten State Bank Stillwater, Minnesota THE FIRST NATIONAL BANK St. Pawl, Minnesota First National Bank Minneapolis, Minnesota B. J. PW!SCOTT & CO. Kalman SS Company. Inc. Both col Minneapolis, Minnesota Paine, Webber, Jackson & Curtis Boston, Uasb. Interest Rate and Maturities 2.90% 3.00% 3.10% 3.25% 3.30% 1966-71 1972-74 1975-77 1978-79 1980-81 Plus 1.00% on all Bonds from 9-1-65 to 7-1-66 2.90% 1966-69 3.00% 1970-73 3.10% 1974-77 3.25% 1978-81 Plus 2.00% on all Bonds from 1-1-66 to 7-1-66 3.00% 1966-73 3.10% 1974-75 3.30% 1976-81 Plus 1.40% on all Honda from 1-1-66 to 7-1-66 3.20% 3.00% 3.20% 3.30% 1966-68 1969-75 1976-78 1979-81 Plus 1.20% on all Bonds from 9-1-65 to 7-1-66 Net Interest Cost $66,481.50 (3,20392%) $67,267.50 (3.241%) $67,620.00 (3.258795%) $67,980.00 (3.2761%) Councilman Nolde thereupon introduced a resolution entitled "Resolution Awarding Sale of $300,000 State -Aid Street Bonds", and moved its adoption. The motion was seconded by Cou:.cilman Peterson. and on roll call the following Councilmen voted Are: ALL: and the following voted Nay: NONE; whereupon said resolution was declared adopted by the required vote of all the members of the City Council. and was signed by the Mayor and attested by the Clerk and was declared to be duly passed and adopted. • 234 (lone so, lima conrinueal Councilman Powell thereupon introduced a resolution entitled, "Resolution Establishing Form and .:,,snails of $300,000 State -Aid Street Bonds", and moved its adoption. The motion was seconded by Council man Nolde. and on roll cell the following Councilmen voted Ayes ALL, and the following voted Nays MOB; whereupon said resolution was declared adopted by the required vote of all the members of the City Council, and was signed by the Mayor and attested by the Clerk and was declared tto be duly passed and adopted. Mr. Lyle Melberg: Gentlemen, you are familiar with the Klapp property west of Fairmeadowss - it has been sold to Cemstone - there is gravel in the back which they want to take off the property. Administrantors Since you called about this, I have asked our City Attorney to check thin. City Attorneys It could only be done for improvements to the property. The gravel pit for making cement blocks couldn't be used. Mayor Chaalsen: Ie it going to cause any improvement, or some gapping sand hole? Building inspector: The ordinance prohibits stripping of top soil for any commercial purposes lit a RA zone, which this is. The City Attorney read the ordinance out loud at this time (section pertaining to this sidtuation) Mr. Eckbeags I would recommend that the ordinance be modified. Administrntors I wonder if Mr. Eckberg would furnish the Council with some kind of specifiieations or plans showing what they intend to do; have it checked by the Building Inspector and the Engineer and see if it's going to do any damage. They can bring it before the Council with their recommendation; would also recommend to the Council& to go out and view this land. Councilman Powell: Before you do that you would have to do something with the ordinance.. Building ILaspector: Any property annexed to the City automatically goes into RA definitelyy a one family district - it would require rezoning or a special permit from the Council. If they would submit some sort of plan for the development of this property; all we have now is the land. Mr. Eckbercg: They wouldn't be in a position to plat the land - I can't see that at this tine. Me may develop it himself or he may Bell it to someone else. But we can set: it up engineering wise so you can see that the terrain will not be destroyed for future residential use. No decision was made on this matter. Administrastors Mr. Moran of the Chamber of Commerce is here - there have been rumors goiing about town that drastic steps are going to be taken in the Fire Department: - I have reason to believe that these rumors were started by the firemen themselves - something to the affect that the City is prepared to cut personnel .of the fire department which might affect insurance rates in the down- town area. I told Mr. Moran it might be a good idea to report to the Council on this matter. I can briefly tell you what has been going on. As you know, a panel was :appointed to hear fire department grievances - this panel has filed their find:ILnge and one of their findings is they felt that a committee appointed by the firr&men themselves should have the authority to bypass the fire chief and come to that administrator and air their grievances - I did comply with this suggestion made by the panel. Two men were named - Garavalia and Zoller - these two men have met with me general times. Again they stated that they want the sane compensation the police are getting; this is impossible under the present budget. The police found a way to paatrol the City and give the City good protection with two less men. • • • (June 30, 1965-continued) • 235`\ After discustaing this for awhile, the fireman said if this is the way to do it, we will recomemend that the department be cut by two men - they named Tibbetts and Doerr. 11 rating sheet for firemen was brought over - on this sheet you didn't find G it or Zoller - they went back and told Tibbetts he was the man to go. The rumor is: that we are going to slash fire protection and increase rates - there is nothing ddsfinite on it. I am prepared. with your permission, to inform the firemen that: I am through spending any more time with them - there will be no salary increase's - no adjustments this year and their demands will not be met this year; me can't do it. They have threatened to quit. Councilman NMolde: I would suggest that you go over there and tell them what is going to ha gpen. If Garavalia and Zoller complain - suspend them and get rid of them and get two new men. It sounds like a dirty deal that they want to fire two of theirs own men just to get a better raise. when people are that dirty - in order to get a few more extra dollars they want to get rid of their friends: Mayor Charlenens They voted to go without a raise to get two more men in Hastings. Administrators I asked the question of Zoller and Garavalia, 'will you gentlemen be satisfied if the police were cut back to previous salary?', they said they would be satisfied. Councilman Iverson suggested that Mr. Moran be filled in on the survey that Councilman Powell made last year as to various fire departments in Minnesota. Councilman Sowell: Stillwater is the fourth highest in money spent for fire protection. Mr. Moran: we want to see the City operate as economically as they can. but we heard that tithe City was going to cut the department by two men to save money in the budget. Councilman novella We felt that because downtown was paying 2/3 of the taxes we should keep it that way. (Full time fire department instead of volunteer) It is C:onan se over there and star honest It wouldet that if be mytrecgis done ommendationethatuadseteof rules be drawn up. Mayor Charissen: Before you do that. how about a new fire chief? A man that will go over theme and tell them what to do. On motion off Councilmen Powell, seconded by Councilman Nolde, the Clerk was authorized Ito advertise for bids on hose for the Fire Department, bids to be returnable con August loth. On motion off Councilman Nolde, seconded by Councilman Powell. permission was granted to the Job':s Daughter's organization to sell candy and punch at the City band concerts. Mayor Charl:.sen stated that he had given permission for a Youth for Christ rally to be held .at Pioneer Park on Saturday, July 3, 1965. On motion oaf Councilman Nolde, seconded by Councilman Powell. the Clerk was authorized to purchase cne more electric typewriter for use in his office. On motion oaf Councilman Powell, seconded by Councilman Molds. a cigarette license was granted( to Lawrence Sharp. 226 South Main Street, for the balance of the year, 1965. Administrat.:ar reported that he was requested to appear at the hearing on Oak Park Annexation to Stillwater which was conducted by the Minnesota Municipal Commission. �36 (June 30, 1965-ccontinued) Administrators' I did not have to testify as attorneys stipulated that an election be held on thtie question of whether or not to annex to Stillwater. RESOIATIORS 1. Resolution Awarding Sale of $300,000 State -Aid Bonds. 2. Resolutioon Establishing Pore and Details of $300,000 State -Aid Street Sonde. 3. Approving Employment. (Janice Eunzelman) On motion of! Councilman Powell, seconded by Councilman Iverson. the meting. adjourned at: 2,24 P. M. Attest: Sit OS Mayor 237' Council ChamUcr Stillwater, Minnesota July 2, 1965 2:00 P. M. Special Meetilnq The meeting vvas called to order by President Cherlsen. Present: Co,.tncilmen Iverson and Nolde, and President Charlsen. Absent: Coumtcilmen Peterson and Powell. Stillwater P*Lcemen informed the Administrator at 9:00 A. M. this date that they would quit their jobs as of 10:00 A. M. this date if the City did not meet their demands for equal pay with Stillwater Policemen: the City did not meet their demands, ands the firemen left their duties unattended as of 10:00 A. M. After discuession with the Council, and City Attorney, Philip Eastwood, the Admin- istrator wane instructed to send a letter to each of the following firemen, terminating their employment with the City of Stillwater: Louis Garavalia John Zoller Roy Edsttom Leonard Schrade Jack Myers Paul Doerr Arnold Peltier James Tibbetts Councilman IIvecson moved for the above; Councilman Nolde seconded the motion. (all in favour) There was some discussion whether or not Mr. Leonard Schrade should be terminated by registereed mail while at his home due to illness. Councilman Nolde made a motion secomded by Councilman Iverson directing the City Administrator to call Mr. Schrade by telephone at his home. The City Administrator then called Mr. Schrade and explained the situation to him and then read the letter of termination, and the Cityy Administrator inquired what his intent was regarding this matter and Mr. Schrade replied that he would take the same position as the rest of the group of firemen; the letter of termination was then mailed. ADJOURNMENT On motion of Councilman Iverson, seconded by Councilman Nolde, the meeting adjourned atlt 2:30 P. M. Mayor Attest: • Council Chamkbec Stillwater, 'Minnesota July 6, 1965 2r00 P. M. Regular Meet:Lng The meeting was called to order by President Charlssn. Opening prayler by the City Clerk. Present: Coouncilmen Iverson. Nolde, Peterson, Powell and President Charlsen. Absent: Nome. APPLICATI0NS3 Pram George Bergstressen, 1801 Park Avenue, Minneapolis 4, Minnesota, for a license to CLperate a Pop Corn Wagon in the City of Stillwater. On motion oft Councilman Nolde, seconded by Councilman Iverson, the application was referred to the Chief of Police for investigation. From Richaret Blonigan, 1724 Third Avenue South, Minneapolis, Minnesota, for a permit to hold a dance at the Stillwater Armory on Sunday, July 11, 1965. On motion off Councilman Peterson, seconded by Councilman Iverson, the application was re£erredd to the Chief of Police for investigation. COMMUNICATIONS From A. W. fesnister, Banister Engineering Company, in regard to secondary treatment for Stillwater sewage disposal plant. Mr. Duane Elfliott of Banister Engineering appeared before the Council at this time, in regaard to State -aid Street program. Mr. Elliotts: Ordinarily the feasibility report would be given to the council. before the nesting to give you ample time to review it, but in view of the " _. construction season we are in, time is important. On the two priority streets - Pine and Mymtle - bids should be received no later than August 9th - construction to start soon thereafter. We feel we can meet the dates for planning to meet bid receipt date. Before we get into detail, we should take count of the heavy commercial vehicles on these streets, and also what is the choice of the council on design sttructure? Consideration should be given to a narrower section between Pine Tree Tmail and Seeley Street. A discussion was held at this time regarding the possibility of putting in concrete streets rattler than bituminous. Councilman Elolde: I myself would think that concrete would hold up better on Pine Street. Councilman leeterson: It's only $29,000 more - I feel over the long pull it would be better Man bituminous. Administrates: How do the engineers feel about this? • (July 6, 1965-continued) 23•.' • 9. Mr. Elliott: Concrete and bituminous can be given equal consideration - my personal view is that: there is some difference in maintenance. Administrator: How much additional cost is involved to prepare separate plans? Any idea percentage wise? Mr. Elliott:: That is a very difficult question to answer - about 1% higher. We have never been aasked to do this. The best way would be to complete our bituminous plan and utilise as much as possible for the concrete plan. I know we could do a very adequate jobo in either kind of street. Administratoor: Am I correct in saying that in your opinion the overall cost of concrete is higher by about 15%? Would you say that in fifteen years the cost would be about thee same if maintenance were considered? Mr. Elliott:: Allowing for the unknown. If you just consider sealcoating on one side. bitumilnous is going to cost about the same as concrete, but you must consider the cost of concrete maintenance. Councilman Pcowell: I can see that some of the councilmen are in favor of concrete; it is my personal feeling that bituminous is what I would favor. Mr. Elliott has stated that there is very little difference - one couldn't be considered better than the othasr. i move that we advertise for bids on bituminous surfacing. Councilman T verson seconded the motion. Councilman Mdolde and Councilman Peterson were opposed. Administrators: The mayor may or may not vote to break the tie. Councilman Rowell: We shouldn't have concrete on Myrtle - we would have half and half and it 'would seem foolish. We will receive more favorable bids if we adver- tise for bidls as one unit. Councilman Pastereon: We have to start concrete someplace. regardless of where you start concrete you are going to have blacktop abutting someplace. Councilman Made: If we put in concrete and eliminate assessing. I am in favor of saving thaw people some money. Mt. Elliott:: The State Highway Department cautioned that the State would only participate to the amount of the low bid. Administratoor: Do you think it might be advisable to think about this a day or two before you make your decision? Many communities are going to concrete - it might be wise to =heck and see why they changed. I don't think Mt. Elliott would mind. Mt. Elliott:: Not at all. Mayor Charleeen: Will a couple more days interfere with your schedule? Mr. Elliott:: No, but we should know by the end of the week. Councilman Powell: I would like to suggest to the administrator that he asks the cities assessed valuation when he is doing this checking on concrete. If a city has a large tax base and whether they Mayor Charlesen: You voted on a motion - will you hold off on this for a couple days? (All councillmen were in favor of holding off making decision.) Copy of a leetter from Governor Karl Holvaag regarding flood emergency in Stillwater. He commended) the City on its effort - especially the teenagers. 1 1 Prom several_ property owners on Wilkin Street requesting that a "Watch for Children" sign be placced on Wilkin and Second Streets. (July 6, 1965-cont:Lnued) • On motion of Councilman Peterson, seconded by Councilman Nolde, the matter was referred to the Molise Department for action. Copy of a letter: written by C. J. Thompson, Building Inspector, to A. V. Gustafson, 426 Wheelock Partway, St. Paul, in regard to Off Street Parking for apartments at 320 South Third Street in Stillwater. Mr. Thompson informed Mr. Gustafson that arrangements fon Off Street Parking must be made immediately in order to conform with original pllan for building. From Mrs. G. Ganbe, Oak Park, requesting that City, or School Board, drain water 'someplace besides 6th Avenue and Orleans Street.' Administrator: About ten days ago Mrs. Garbe called - they have been having this problem font some time - since the construction of the new school in Oak Park. The EngiLaser feels that, while this is out of the City limits it is the school boardi an this andoard ihhaas some assurance he isworking wiwill do something the member. f about it. Prom Mr. William Hering, Jr., Chief, Bayport Fire Department. stating that he would be out of/ town a few days and any matter needing attention should be referred to hiss assistant, Mr. Lloyd Daniels. Fro Tom and Des Ranted enclosing annual report listing revenues from parking meters in variats communities throughout the State; Stillwater included. (copy to each occuncilman) ADMINISTRATOR':S REPORT Administrator:: A meeting has been arranged with Mr. Juba of the Norther Pacific p Railroad Company to discuss lease negotiations for the railroad property relating to the purchases of the property rather than pay a rental fee of $2,400 per year as we are now doing. We are having some equipment problems in the Street Department. It has been suggested by Ube Engineer that the City purchase a new truck, to be used most. of the time far sewer cleaning. I would like to report to the Council at this time that the General Fund of the City shows an overdraft of $80,000 - this is the first times that we have ever found ourselves in this condition at this time of the year. As long as this truck will be used for sewer cleaning. I would suggest that von advertise for bids and it can be paid for outin the diversion of the sewer revenue fund. The sewers are full of sand and are causing problems structures, ctures, efts. this would like to usedrecommend thhat atrthe eeCCo Council authorise me to adver- tises:on Councilman Powell: I move that the City Engineer be instructed to draw specifications, and that we advvertise for bids on a five yard truck. Councilman No,Lde seconded the motion. (all in favor.) • e • (July 6, 1965-continued) • Administraator: A Nr. Baker is coming in to inspect damages caused by our heavy rainstorms. Councilman Nolde: What would it cost to replace North Second Street? Engineer: I couldn't even give you a rough estimate - I have done no checking whatsoeverr, but it is going to be a major repair. Administrator: Reports have been completed and submitted on our flood costs. It might YLe another six weeks, but we hope we will have 75% of the funds we asked for Boon. We met wittb Mr. Racchini, the city's architect, in regard to a Civil Defense room in the news city hall. He informs me that in order to qualify for Civil Defense funds it wdll be necessary to cut this room up into several small areas, and this would makes it useless as far as any other function, such as a meeting room. Be �-- is wonderilag if the city wants to go along with this additional cost - this would amount to something like $11.000 additional cost to the City. mayor Char,Lsen: The room we were thinking of is underground - in the undug portion of the basement; footings and walls would have to go in anyway. We figured it would be a, matter of excavation and also figured it would be a room about 30 x 70 feet which:mould make a good meeting room, but Racchini was told if it's going to cost the CAty some money we weren't interested in it. Administration When he called, I took it upon myself and requested that he include the room ixn his report. I also checked with the Civil Defense people, for a large room the additional cost would be about $11,000 - this is his estimate, but he will have a repoort for you in short order. Be has asked for an extension of time to work this mut for you. The other matter I have deals with the fire department. As you gentlemen know... I should cllarify that the firemen are not on strike - this is not the case. After many hours of negotiation, in fact one day from 8:30 A. M. to 12:00 A. N., and another whale day, it seems that the negotiations were going along quite well - I think to the point where the firemen at that time agreed we would attempt to cut the deepartment by two men providing that the fire classification would not go below Bias. When these negotiations were going on, somehow or another, one of the firemn, or more, contacted the Stillwater Chamber of Commerce and told the Chambers of Camerae that they would give them twenty-four hours in which to come to them Council and ask them to do something about this matter or they would be quittinge. Then I found it necessary after receiving many calls from the Chamber of Commerce to arrange a meeting with them and explain exactly what the negotiations had been up to this time. Negotiations were progressing well - by cutting twoo men it would put firemen on a comparable wage scale with the Police Department.. To pay the firemen the same wage as the police without this cut is impossible at this time because of the budget. The Chamber called a committee together onn short notice and I explained the situation to them. They asked that we please held off until the 15th of July before taking any action - I told the firemen this is the way the Chamber felt. The Chamber said if this is the way the City an•d firemen want it, we will be glad to do something, but we want two weeks betauuee we are going to put insurance men on to check the classification. I came back : and told the firemen this and pleaded with them not to leave their jobs because, they might be sorry. They said it was nothing but another big stall. The spokesmeen for the firemen, and I assume they are the spokesmen. as we agreed at one time that they could meet with me whenever they had any grievances; prior to that it wwas my policy to meet only with the department head; but the panel felt that in this situation it would be better - I complied with the request of the panel - the panel spent many hours on this. I met with the spokesmen - I ^� went a step farther - I met with the group. I again pleaded with them that before too ]long we might be in a better position to pay our employees compensation • 241. • • (242 (July 6, 1965-continued) • • comparable to the metropolitan area. They said no - we are quitting as of 10100 A. M. Friday. Fortunately. through the great efforts of the auxiliary firemen we are well covered in case of fire. I was instructed then to write letters to each of the firemen terminating their employment and also I was instructed to take applications for new £icemen. I have no complaints whatsoever as far as their fire fighting was concerned - I asked them to please stop agitating other departments. I: feel fn, and Ior them - had hopeod we could hhave avelies - had attleast unty are il July 15th.I Iike everyone of them, but think our problems would have been :resolved. In connection with this. I received a call from Mr. Link of the Fire Underwriters; he asked whhat has happened in Stillwater. I asked if I could meet with him and he said, azaytime. He said Stillwater would have gone into class six whether this had happened or not. He said. it is my opinion that if we came into Stillwater and Checked your buildings, you would find yourself in class six, but not due to this instance. I have done everything. I have carried out my orders. I have given everything I've got to the City of Stillwater - if I can't get peace and harmony, II don't want this job - I will be the first man to step out. Mayor Chanlsens Do any of you gentlemen have anything to say regarding this report? (No one :mid a word.) Mayor Chanclsen: I appreciate the time you put in on it. PETITIONS None DELEGATIONS OR INDIVIDUALS Mr. Thomaa6 Curtis 414 Southmltain Street torn as you can see. I een en anle n ployer ofup a etter many here in my lifettattered ime whenand I have l get perturbed with my employees* i used to ask my secretary to write a letter and when I put two d's in damn oor three 1's in hell, don't leave one out: When I read the letter in the rthreee days ago - 1 decideChanged my d Ilary. I wouldn't wread ote itls letter here, butlinate with contemplationo I have deecided to do it. "To UM Editor of the Stillwater Gazette - oentllemens Perhaps, I should have written my opinions directly to our Fire Chief, John Lawson. If I did, I'm afraid he would have read it and o with the John. onceed it upon and s ttimetmy we eleecteedsagy�g man to be• I want to remind a member of the Stillawater City Council. We knew that he was brilliant young man and a£tem Is was in office for a few short months (being a conservative young man) he proposed a decree to do away with the regular men of the Fire Department in the City of Stillwater. Nis request was to have volunteer firemen take their place. Nis idea was put up to the voters of Sftitiwater. You all know what happened. Now. of course, he didn't belien.° in that idea any more than you or me. When I need a doctor, a lawyer, a counselor, a plumber, an electrician. or a carpenter, a mason. I call qualified people. Fire Chief, John Lawson, you can't be neutral. You are the chief and you are the leader of yonzr men. Your men are not asking any more than they deserve. They are *entitled to the wages, benefits and all other considerations that our 'Police enjoy. John Lawson, you know your job is difficult at the best.., Each and every man under you know the hazards in fighting fires in over town. They know the difficulty that confronts them. • • (July 6, 1965 continueol 243 • • Most mf our buildings are old and are fire traps. You have trained your men to accept their responsibility. A leader of men, if they are right (if need be) he'll go to hell with them. As a taxpayer in this town for many wears and my ancestors since 1845, all is well When my fireasn are idle. All 1s quiet on the Western Front when my policemen's gun remains unfireed and in his holster. Ask awry business man, he will tell you it requires countless hours of train:dng to produce an efficient employee. Our firemen, like our policemen, while they are on active duty for a prescribed time, we want to reasember they are willing and ready to answer a call to duty at any hour, day or night. I appreciate living in a first class city; it costs more, but it's worth it. :Let's keep it that way." Don Martin 718 WA. Myrtle Street I liwa on the street you are going to fix. What assurance are we going to have that B.S.P. won't dig up that street? Do they have authority to dittg up that street whenever they feel like it? It isn't fair compe- tition - Booley's sells meats; Deno's sells meats - N.S.P. isn't competing against anybody except the people that live on the streets. I am in favor of fixing up the streets, but I am not in favor of letting N.S.P. dig up the streets. Mayon Charlsen: They are supposed to replace streets in condition they founds them. Councilman Nolde: We have a new policy - I don't know how it's working. Before we fix any streets they aro supposed to come in and put in new gas lines, etc. Mr. Martin: Are they going to replace lines in Myrtle Street? City ragineer: We have contacted them: that we are going to fix the streets. In conversation I have had with them. I believe they are going to replace the gas main there. Administrator: Any streets that is going to be rebuilt - it is a definite re- quirement that all new facilities be in before the new streets is constructed. Nr. •Seorge Wohlers 709 ' N. Myrtle Street I arm afraid that the expense is going to prohibit concrete. Loviis Garavalia 313 west Willard Street This Fire Department negotiating has been going on for thirteen months that we kbnow about - always tabled - nothing was ever done. We had that panel hea tinq; the things the panel recommended, nothing was done about that. We tallied to Brower; supposedly there had been some money saved; he said that money was spent. That money was supposed to be divided between the policemen and the firemen - he said the money wasn't there. We tried to negotiate - if the people in Stillwater are willing to cut the department by two men we woulld go along with it. Negotiations were going along on that and they sort of &roke down - we called the Chamber of Commerce and asked if they could do something. We told them we have been negotiating for thirteen months and noticing had been done. They recommended they would have a meeting - they said theme was nothing they could do because we weren't working for them. Mr. Browser had a meeting with them - they stated they wanted two weeks time to cheek into things that were presented at this meeting. Be said the Chamber of guaarantee thateattthe end of two ler weeksdthere�wouldback be any guaran ie?there .any • • 244 (July 6, 1965-contiinued) • e Brower said', my secretary's gone home, come back in the morning. In the morning we .came back - the men were driven temporarily insane - we handed in our resi._gnation papers - probably it was the wrong thing to do, but we stated tk the chief when we left that we would respond. Right now we have petiti.,ons going around - we feel this was unjust. Administrator: During 1954, in the budget. certain items were in the budget such as vacation time, fill-in time, guard duty, etc. As these people returned to work they were paid an additional sum - known as overtime. Some were getting a lot of overtime and some were not, but we won't gco into that. So, it was then proposed there would be no overtime four any monthly employee - only hourly employees. The money that had been used for overtime purposes was lumped into the fire de- partment Widget and used to give each fireman a $10.00 raise. In 1965, in spite off the increase, he is not getting the advantage of overtime as in 1964.. This is true in Garavalia's case, and in Zoller's case. Louis Garavvalia: When a person went on vacation, if there was somebody on the other crew that didn't want to fill in, I would fill in - that I got paid .for. I filled for sick leave and put in another three days of twenty-f four hours.. That was the reason for my salary increase. When you botcheod this together, I promised Mr. Doerr I would work for him and I got noth=.lag. I am getting less than I was last year. There was no guarantee tthat anything would be taken care of. Mr. Zoller presented you a figure and asked if you would just guarantee it - we did not get no guarantees. They didn't quit that job - they just got driven up against the wall - they just walked out. Administrattor: I feel that this should be aired a little bit. A fireman or firemen called the Chamber of Commerce President and said we will give you twenty—four hours to get to the Council and the Administrator and straighten this thing out for us. The Chamber wanted a couple of people in the Citry of Stillwater to contact underwriters and ask what insurance premiums wonuld be paying under a class six. If you go to someone and ask them to help you, and they are cold - you don't say we give you twenty-four hours: Mr. Garava=lia definitely stated that the men were quitting. I told him to think it.t over. Councilman II/olds: I happened to be with Mr. Brower - it was pointed out to him that: Mr. Schrade was home sick, so we called Mr. Schrade and he informed um that he was quitting along with the others. Administrator: I would like to ask Mr. Schrade why I called him - what did I say to you? Leonard Sc.krade 1311 South: Second Street You asked inc if I was coming back to work. Louis Gara:valia: I definitely did not tell Mr. Brower that we quit. Mr. Doerr was there also - I told him there were five men that were going to leave Saturday night - there were three fires - the next morning when they came back to work they said what assurance are we going to get after two weeks. A11L we wanted was a guarantee that this bickering would be over. City Attorney: Is it not true that the company that was on duty walked off duty at 10:00 A. M. on Friday? And the next day did not report for work? Louis Garavalia: Three men were on duty - Doerr, Zoller and Peltier - they walked out at 10:00 A. M. City Attornney: Did you report when you were going to report back? Louis Garaevalia: We got our terminations. Councilman: Powell: What about the call that Captain Zoller made to me about leavving at 7:00 P. M. the night before they walked off? The reason I received) the call is because the Mayor and Administrator were not available. • • • (July 6, 1965-continued) 245`, Louis Ganavalia: He called the Chamber - they told him it was only fair that he rrnotify the Council. The men were in such a state they were going to walk out - he called you and told you that that was what he told to the Chambter. Councilman Nolde: If nothing was taken care of, you told Mr. Brower you were leavving at 10:00 A.M.? Louis Ganavalia: Yes. City Attoorney: All of the men were leaving, Louis? Louis Ganavalia: All of the men, yes. AdministLrator: Did I plead with you gentlemen to stay on and tell you what the: consequences might be if you left? Louis Ganravalia: Yes. Mayor Ch:aarlsen: Nothing is going to be settled here tonight anyway. I know if :you did this in private business you would never get back. No coneidereation is going to be given to anybody when you walk out and leave a city wiLth no fire protection whatsoever. The City has worked with you gentlemen for a considerable number of years. Haven't there been increases in your :payroll regularly? Administrator: I am working always for the best interest of the public - whether :people like me or dislike me has no bearing on what my job is going tom be. This was something I had no control over - they asked the Chamber .of Commerce - I don't feel they should be in on this - it is my personal: feeling that walking out on the job solves nothing. I wouldn't walk out: on you - I wouldn't expect any employee to walk out. Louis Ganavalia: I admit it was the wrong thing to walk out now - after thinking] it over. I know we made a mistake, but you made a statement to the press, and there are eight or nine things that can be challenged. Administrator: The Mayor's job in this town is a big job - it takes a lot of time - the Mayor cannot sit in his office and always quote the exact figures.. Mayor =arisen: The figures I used were not in the paper. Mr. Georrge Yutz: When Les started the meeting off with a prayer, I had a mental cane - don't ever let me be guilty of taking the bread or oleo mar- garine caff some kid's table: I think they are right about the salaries. As many Council meetings as I have attended, they always dig up money for ^^• things afros some other funds, but I would like to go on record as being in favor of the firemen. They are not asking for anything unreasonable - they do a very efficient job. Mr. McHuagh 6th Avenue South I was awaited to find out that the firemen and policemen were not on an equal baasis. I agree with the gentleman who spoke before. A community this sizze should be paying all of their employees a livable wage. I am willing to pay more taxes to have an efficient fire department. The action, ,taken by the city council to eliminate two policemen some time back is backward - it is also negative to want to eliminate two firemen. I think tihat the city council should perhaps reprimand the firemen for their illadvissed notion and ask them to come back. Mr. Harvey Anderson: One other thing as far as the firemen - their overtimes vas cut down --- Mayor CHharisen: It was divided evenly among all firemen instead of three or four:! Mr. GaraavaLia: As you stated, the overtime money was deducted from our budget. Mayor C10arisen: I beg to differ - in 1964 it was lumped into one figure - no moneyy vas omitted from the budget: (July 6, 1965-coontinued) 246 • • Mr. Gara.valia: If you look it up - all you have in there is the vacation money - 'Huard Ohm money and $400.00 for sic,, leave - overtime money is no longer avvailable. Mr. Herbert Collies: I think the fire department is doing a good job - I had that privilege of being a volunteer for a couple years. I am a machinistt by trade and am represented by a machinists union; I believe the £ireseen are represented by their union. If the administrator and the city council could get together, it would be advantageous to all concerned and woulot save a lot of hard feelings. I would like to see them stay. City Attooraey: I would like to clarify one thing - the grievance panel that was held - at no time was it ever considered by that panel that the firemen xreceive equal pay with the police. We held five or seven meetings - until miodnight, everyone of them. We are not infalible, of course, but at no time odid we give any consideration to equal pay - this is evidenced in the report. Mayor Chaarlsen: We have heard from delegations or individuals. We aren't going to finalize anything here tonight, so I would like to suggest that we finish up our agenda and continue on. There was nothing on the agenda tonight as far as any public hearing for firemen. Mr. Reieres If anyone is experienced with fire in this town - it's me. Bow much does it take to train a new fire department? Mayor Chaerlsen: Don't ask me Mr. Rsiers: Well, you're the Mayor of this town, aren't you?: If there's a fire, bow are any kids going to get out with a bunch of rookies trying to save the -son! Mayor Chaarleen: This is it: As far as the fire department is concerned, this is Lit: We are going on with the agenda: Mr. Relent You fellows don't know what this is all about: I suppose I will be Limoking for a job tomorrow because I work for the City and I spoke up for wh',st I think::: Mayor Chaerleen: We'll go on with the agenda. (Firemen Left Council Chamber) UNFINISHED, BUSINESS Mayor Chaarleen requested that the appointment of a member to the Board of Water ',Commissioners be held over to the next regular meeting as he had not been able to contact Mr. Arno Schwantes to ask if he would serve anot,ther term. on motion :of Councilman Powell, seconded by Councilman Molde, the Engineer and Admin..istrator were instructed to advertise for bide on surfacing of Hancock Sttreet; bids to be returnable on August 10, 1965 at 4:30 P. M. Councile.amm Nolde: What about the feasibility report on South Sixth Street sewer and water extensions? Engines.: I will contact Mr. Banister and see when it will be ready. • • es, (July 6, 1965-continued) e PillIPS The Admtiniatrator reported that Mr. Peter Racchini did not hive time to get preliminary plans ready for the new city hall in time for this meeting due to requsest of additional space for civil defense emergency operating center in the Blanding. Mayor Ctharleen: Has he stated when he will have preliminary drawings availab.Le? Administrator: Monday or Tuesday of next week. The Minnesota Municipal Commission reported that, according to their files, Stillwater Ordinance No. 398 (annexing St. Peter's United Church of Chriist property) still is not in effect. The Common decided that this was a problem for the attorney representing the chimed: to handle. It was reported that the screening committee for flood bills would meet on Wednesday, July 7, 1965, at 7:30 P. M. NEW Bu883HzSS On mottles of Councilman uolde, seconded by Councilman Peterson, the following endorseement to Insurance Policy No. 21-074460 was approved: Vrictor Prescott. d/b/a Stillwater Taxi Company, covering 1I962 Studebaker - 4 door (replacement is 1964 Dodge 4 door - SII 4542127086) - Dairyland Mutual Insurance Company, Madison. W 'i sconsin. On mot,_Lon of Councilman Powell. seconded by Councilman Molde, the Building Inspector's report covering activities during the month of June, 1965, was approved. On mottion of Councilman Rolde, seconded byCouncilman tPeterson,Brelrelease of the following collateral, pledged byenc Stillwater to secure City deposits, was approved: 03,000 ota raSueur General Obligation Bond *52/4W 1M ea. M1.75s due 7-1-65. On mottion of Councilman Bolde, seconded by Councilman Peterson, the appointment of Michael W. Rice, 604 W. Pine Street to the Auxiliary Fire IDepartment, was approved. On mottion of Councilman Peterson, seconded by Councilman Iverson, the following bond was approved: $$5,000 bond. issued by St. Paul Fire and Marine Insurance Company: }issued to R. W. Munson, d/b/a Village Homes, Inc. to cover excavations :in city streets. alleys. etc. • e (Jytly 6, 1965-cent:inued) e (248 • • Notice of Claims filed by James R. Smith and Jayne Ann Smith (damage to property during rain steam). Copy mailed to Arog Agency and City Attorney on June 30, 1965. with m to ew AdministratorSho ld$takega to keat it - -ttheproperty isys ago to olocatedi1this Mx.at 805No.Third property. Street. Your administrator and engineer will view the damage and report to the Council. Notice of Claire filed by Eugene D. Dittmar and Patricia A. Dittmar (daamaage to ge to property during.; rain City rain storm). Copy mailed to Krog Agency June 30. 1965.. On motion of Councilman Molds. see nded by Councilman Peterson, the administrator was instructedi to take the necessary action to have two street lights installed on North Second Street. at the request of Mayor Charlsen. Maat the yor thlserms A held you wininterested ainefinding ng out utcwwhat the concensus of opinion wa Following is :a List of their recommendations: 1. Could it ILe possible to join, extend and improve a lot the short length and deadend satreets - many of them are like washboards. 2. A plannedl street maintenance program rather than a major repair approach. 3. Get cooperation of downtown merchants to improve fronts of their buildings in keeping"( with "old" Stillwater rather than the cheap looking modern fronts. 4. Change manner of assessment for street repairs - spread it over all property owners rather than just adjacent property owners. an area and give 5. Consider some year-round "decoration" to solidify our shopping it a pert- clean organized welcoming look. 6. Would lilae trees and flowers in downtown area. 7. Mayor's maggestion - clear out Minn. Mercantile and other warehouses. etc. 8. Abolish meter rent on Friday (The hour fts. liesfree by fastking When appreciated by 'out-of-town" shoppers. store to store). 9. A City Reset Room is needed. could be combined with a Tourist Information Center City Lounge. 16. Provide Shoat Launching site at old Tourist Park. 11. Was mentioned before to make parks out of ravines in Stillwater. What about using Softy- Scouts to remodel ravines? Would save on cost of hiring and could be done Iby sectioning off a ravine to each troop to landscape, build picnic tables. :Eireplaees. 12. A published building code be printed perhaps this code could also be updated. Anyone anticipating building structures of any type hesitates to formulate plans wiithout such basic info. 13. Improvement of Nelson Street. 14. Suggest a eliding scale where single family dwelling would pay less than multiple dwellinggs and much less than commercial property for street repair assessment. General fund should pay at least 50% of all street improvement. 15. havehse downtown not sweep debris frk into st reet gutters, so have same vay of picking ebriup disposing ofit. Everythingswept into the gutaez makes city look dirty. Merchants who don't sweep sidewalks should be made to. 16. A dog omdinance similar to St. Paul. Campaign against Jitterbugging. Some very defined soles for bicycle riders. 17. More traffic enforcement. People blocking side streets, near St. Michael's and park near fire hydrants. 18. Where otwners have torn down buildings - should rebuild or fill and sod empty basements. 19. New inteerstate bridge so traffic doesn't jam downtown area. • • • • .� (July 6, 1965-continued) 249\ • • 0.11011. ORDINANCES On motion of Councilman Holds. seconded by Councilman Peterson, the Clerk made Othe rdinance of« then City of Still aterance A (rezoning cing an ityihall propertce y). The ordinanc.:a was read section by section, with roll call after each section as follows: Cosncilman Iverson: No. Cocmncilman Molds: Yes. Coouncilman Peterson: Yes. Coouncilman Powell: Yes. The Mayor thten put the question, "Shall this ordinance pass?", followed by roll call as £olinows: Cmwncilman Iverson: No. Councilman Molds: Yes. Couuncilman Peterson: Yes. Coouncilman Powell: Yes. whereupon sand ordinance was duly passed and adopted. RESOLUTIONS The following resolutions were, on roll call, unanimously adopted: 1. Directi:.ag the Payment of Bills. 2. Authoriieing Payment on Voting Machines. I. Ordering Improvement, Approving Plans and Specifications and Directing Clerk to Adveertise for Bids (Hancock) Adainistrattor: I was approached by Mr. Garavalia and Mr. Edstrom during tonight's recess - ttfey requested that they be given an opportunity to renegotiate. These gentlemen I eeL they were probably hasty and want to know if I would meet with them. I believe an this stage of the game I would need authority from the Council to do this. ess up to his . We know we give the canyay more money. I donhas n''tnknow1hhow we aretgoing tot can't solve any problems meeting wi.th them again. Mayor Char.Lsens I talked to four or five businessmen and one lady - they told me that thesy were in complete agreeaent with the action of the city ouncil concsrningl the relationship with the present fire department. They council it was a dastardly thing for them to do at this time of the year - they gave the city no coonsideratien whatsoever - they knew what they were doing. They were normal. Tlhe people I talked to advised as to stick to my guns. Councilman Iverson: I got the same reaction. Councilmara Peterson: So did I.. Mayor Chamisen: When a man walks off the job with an hour's notice he knows what he is doing. I am damn sick of it - everytime they don't get what they want, theyd threaten to quit: Councilman: Peterson: If they want their jobs back they can apply like the sixteen otther people did. City Attorney: They can apply like everyone else. Councilmast Molde: Whoever makes application - they will know what the job pays. • /n5o (July 6, 1965-continued) • G Mayor Charlatans Bill, how soon would you get back to work if you walked off your job? Councilman ProveLls If you can't come to an agreement you don't quit - you strike. I£ -they want to reapply they can come back - this is the kind of job where yom ere not allowed to strike. If I could say one thing that might have preventced this - that the firemen have a set of rules. This may have been a mistaake on our part. Jim McLaughllin: If you think you have an efficient fire department, why don't you reconsidfier them? I don't think these fellows were well lead. Councilman P?owells Should the administrator have a meeting with the regulars? Can you denyy than this meeting? You don't have to say you will take them back. Councilman PPetersons They are no longer employees of the City. Councilman Uwetsons Should he negotiate with them? Councilman Molder No. ADJOORNMENT On motion off Councilman Peterson, seconded by Councilman Powell. the meeting adjourned at! 12:00 A. M. Attest: City Clerk Mayor • 251.E • Council Chamber c..,ltar _ Mini asota Special Meetings The meeting wars called to order by President Charlsen. Present: Councilmen Iverson, Nolde, Peterson, Powell and President Charlsen. Absent: None July 7, 1965 4130 P. M. Administrator: The Engineer and I viewed the Smith property on North Third Street. The Engineer isa not too sure that this is a City liability. It should be deter- mined who built. the well in the first place (retaining wall collapsed because of rainwater washihag onto same). He feels if it was built by the owner, it's not our liability, but if it was built by the City it is our liability. This is a very serious situatilon - something has to be done. Mayor Charlatans' That is on private property. The retaining wall was probably built when the house was built. Administrators The wall was attached to the drainage structure - did the wall take the drainage structure. or did the drainage structure take the wall? Mayor charlsens: The wall took the drainage structure. Administrators Anyway, the city is going to take care of a portion of it temporarily. Administrator: Regarding Pat White's request for an Off Sale Liquor License. Councilman Powell: I notified Pat that it was outside the legal boundary for off sale liquor licenses. He wants us to change the ordinance. It we did it for him there ils no reason why we shouldn't do it for anyone else who wants it changed for these. If he is going to call one or two of us, we should give him the same answers. Administrator: The other matter is simply this - for information only. Mr. Garavalia, Mr. Edstrom, and Mr. Peltier pleaded with me to give sone consideration to rehire them es firemen. They want to acknowledge publicly in the newspaper and on the radio shut they were wrong - Louie Garavalia said he would step out as spokesmen for We fire department and would never again open his mouth. I told them that tests wound be given if they wanted to reapply - Louie said that is one thing they won't do Me take a test - they said they are professional firemen and shouldn't have to. I just wanted you to know this. Councilman Peterson: What doss it cost to have these units on standby? (Bayport, St. Joseph Township, etc.) Administrators They will probably charge the same amount as for other communities they cover. Councilman Peterson: New firetaen will have to attend school. won't they? Administrator: Yes. Councilman Poweells You mentioned that Mr. Link said the action of the fire department had no bearing on our classification? ® Adnin-o,....-ar. 'That's right_. • (July 7. 1965i-continued) Councilman Nolde: Here's what I would recommend - even if they put us in class mix or nevem, go over and tell Mr. Link the situation - ask him why we are not put back one class 5e if he doesn't do anything about it, go to the governor. All it is its politics. We will just have to play the same gams they are playing - even if we 'have to pay for it for a few months. Administrator. Do you entertain the thought that some of these men should be hired back?, Councilman Peterson: It would all depend on their score on the test and their attitude, este. I don't see how we could discriminate against them. Councilman :solde: But you can't promise them anything. Administrat.ars We have to make this final - we are agreed that the only way is an application with a possibility that they will be reconsidered - with no promises. Mayor Charl:.sen: All in favor of going along with accepting applications and allowing signify by saying, aye. them to takes the tests. All: aye. City Attorney: Would it be agreeable that the scores be kept in confidence by the people Staking them and the administrator, maybe? Councilman Showell: The man who is going to be the Chief should say these men can serve amid can be useful firemen. Mayor Charisaen: You have, I believe, a man to recommend as fire chief? Administratcor: This was the main reason for the meeting. Am I at liberty at this tine too negotiate? - to look for a good strong fire chief to recommend to the City Couuncil7 Councilman Plbwells I would be in favor - the ground work should be done by you and the Mayoor. Mayor Charls.sens I would recommend that you talk to the Safety Department Meade in St. Paul :and Minneapolis and get the names of two or three captains or lieutenants with good recommendation. Councilman Waldo: area and teaseh him Councilman Ivverson: difficult.' I will say this - I would rather take a good man from the than bring a man in from the outside. If you pick a local man - he knows everybody; might be Mayor Charlseen: The man you have as a chief is going to have to be an educator - somsone who scan lay down the law. Councilman Pestrrson: It wouldn'tdo any harm to check on retired captains, etc. Councilman Walden knows this taown. You are going to have to have someone in that department who Administrators: If you want me to. I will carry this thing through to its conclusion. Councilman Pcowell: It is sy thought that we should get a man from out of the City - then no one mm say there was any politics. Administrator's We still have a fire chief - how do you feel about this situation. Councilman Povwell: If be were to retire on disability, he would be better off. It would be cm opinion that he go over to the PERA office and tell them how he feels and thane iE there is any question they should call the Administrator for verificat::Lon. Councilman Mo_tde: Is there any department you could use him in? (July 7, 1965-continued) 253 Councilman Powa:L1: If you retire as a chief without demotion, it's better. Administrator: I would like to recommend to him that he go to a local doctor and get a certiificete. Mayor Charleene I don't think we shou]Mhave him as Chief. Don't you feel he would just as soon get out? said he didn't want to walk out with the others, but he is Councilman Powell: Administrator: He very nervous. Councilman $ol..de: Well, it's left up to the Administrator. Mayor Charism; I have a complaint about the police department - they art.not covering the trills the way they should - not in the last two or three months. We are gettireg more and more complaints. Also, the parking meters are not being checked often enough. io nthe cafl Revell: 1 move me at tthe idcity ity the afternoons.administrator Thereinstructed to check There was no *second to this motion. Councilmen Ivesrsen: Getting back - do you want to check on a fire chief? Mayor Charlsemi: Give consideration to local man - we should get names to contact and interview', Administrator Do you think at this stage of the game you want a retired man for this position:? Mayor Charlees*: Where are you going to get a man who can train other men for the money we can afford to pay them? Councilman Iverson: I do know certain individuals who will help us on this - quietly. Councilman Powell: This is a good idea - if you have some connections. Councilman Peterson: How about the tests? Administrator:: The deadline for applications is Monday - the tests will be given on Monday, J*aly 19, 7:00 P. M. _Junior High School Cafeteria. anrrwmwmmaT On motion of! Councilman Peterson, seconded by Councilman Iverson, the meeting adjourned at 5,50 P. e. Mayor Attests City Clerk • 254 • • • Council Chamber. Stillwater. Minaaesota July 9, 1965 4:30 P. M. Special Meeting, The meeting wasa called to order by President Charlsen. Present: Councilmen Iverson. Peterson, Powell and President Charlsen. Absent: Counciilman Molde On motion of Councilman Powell, seconded by Councilman Peterson, a dance permit was granted to Richard Blonigan, 1724 Third Avenue South, Minneapolis. Minnesota, to hold a dance. at the Stillwater Armory, Sunday, July 18, 1965. On motion of Councilman Iverson, seconded by Councilman Peterson, request of George Bergstrreasen, 1801 Park Avenue, Minneapolis, Minn. for a license to operate a pop .morn wagon on city streets, was carried over to the next regular meeting of them Council. d On given permeLb .ion to ilman Peterson, burn debris, etc. located initthe basrement ofvtthe0o old French Catholiie Church on Oak Street. Administrator:: We asked Mr. Junker to get permission from adjoining property owners to do this - this he has done. Arrangements have been made to have one' of our volunteeer firemen there on hand, and also one truck. The Administrator reported that the American Association of University Women would be holdiimg a conference in Stillwater, on September 21 and 22 of this year, and that they have requested that overtime parking tickets not be issued to cars Showing courtesy stickers on those days. Councilman Iveerson moved that the city comply with this requests Councilman Powell seconded the motion. Mayor Charlset.a: The Jaycees have a float entered in both the day and night Aquatennial parades and they have to get hold of a generator for the night parade - they' want to use the small one we have on the fire truck. City Engineers- They can use ours - it is the same size as the one in the Fire Department. Mayor Charlseen' I will tell them to get hold of you and make arrangements. Administrators Banister has submitted specifications, etc. for installation of sewer and water extensions in South Sixth Street. Councilman at our next regular meetii ge . (August10, 1965)tis4 Councilman Peterson seconded the motion. • • e • (July 9, 1965-continual) 255 Engineer, we have estimated costs for Lake Drive sewer also. It was d,lecided to advertise for bids and hold a hearing on this improvement on August 1041, 1965. City Attoorney: Mr. lceldson of the Municipal Commission called me and asked if the City •of Stillwater would be willing to pay the cost of the election for annexatioon of Oak park to Stillwater. He asked if the City could legally do it, and he waants to know by Monday morning. It would not be announced that the City of Mt:Atwater would pay for the election. Administmator: It should be paid by Oak Park, but they refuse; and the Municipal Connissicom does not have the funds. Mayor Chamrlsen: As far as I am concerned, I am against it. Administrator: We have two gentlemen here this afternoon - one representing concrete and the other representing bituminous surfacing. They have each asked for ten minutes to inform the Council of their product. John Hoene* made presentation on behalf of bituminous product; Mr. Hanson made presentatdon on behalf of concrete streets. After presse:ntations were made, Mr. Brower requested that the gentlemen leave the CounczLL Chamber, as previously agreed, so the Council could make its decision. Mr. Leo Jewell.: I am up here because I am interested in good streets. Over the years I heave watched blacktop streets and concrete streets - in a matter of three or four yeeers blacktop streets have chuckholes, Where concrete is in good condition. Administraetos: I contacted some municipalities and I find that what Mr. Jewell just said ie the feeling of several of the municipalities, especially Edina. I talked to the City Manager in Edina; he said in their community there is no question aebout it -they want concrete on all major roads. On their State Aid street. thnsy charge $5.00 per foot assessment. Councilman Powell: Has it ever been done before that a man cast his vote before a meeting amid have it ruled on at a meeting? Councilman Nolde has already expressed his opinion - we already had a vote on it. City Attor:aey: Nothing was taken after the tie vote; it has been discussed further. He cannot east his vote without having heard all of the discussion. Mayor Char.teen: Has anyone changed their vote since last Tuesday night? Councilman, Peterson: I still feel we have gone on blacktop for so many years, why not try concrete? There is only a difference of $29,000. Councilman Powell: I changed my mind. I wish to withdraw my motion of the other night to aodvertise for bids on bituminous surfacing. The reason I withdraw my motion is bbeauuse I talked to Mr. Hanson - what he said didn't sell me on that completely., but when I thought about it later the thought cane to me - if we can put in a ethreet at the cost of sealcoating over the years. why not do it? Mayor CharlOsen: Do you wish to withdraw your second to the motion. Councilman Iverson? Councilman Iverson: There isn't any point in my not withdrawing. I will withdraw it. but I want the record to show that I am in favor of bituminous streets. Councilman .Peterson: I would like to move that the city advertise for bids for concrete streets on the project consisting of Pine and Myrtle streets. Councilman :Powell seconded the motion. • • 256 • (July 9, 1965-continued) The vote was ass follows: Councilman Powell: Yes. Councilman Peterson:Yes Councilman Iverson: No Councilman Powell: I feel we can have both kinds of streets in town. Mr. Leo JewelL1: I am not entirely concrete - there are certain places in town that don't need it. Councilman Pomsell: I believe that too. Should bide come in in excess of the engineers est.Jaates. I would be against concrete. I think that is the limit we should go. Administrators Arrangements have been made with the State Civil Service to conduct fire -:fighter examinations on July 19, 1965 at 7:00 P. M. The cost is $25.00 plugs $1.00 for each applicant taking the tests. The test should be based on 5:A% on the oral and 50% on the written part. Councilman Powrells It would be my suggestion that the City Administrator once again inform :the regulars that the deadline is approaching and if they have any hope of getting back, this is the way they have to do it. Councilman Iverson: They are aware of this. Administrator:i I spent a number of hours with the firemen yesterday. I tried to explain whly the Council had to take this sort of action. They are now dividing theauaelves into two groups - one group is all for signing a statement that if they are rehired they will refrain from bickering. They would not ask for anything, but want to be assured when the budget is adopted in 1966 they will' be cons_ 'ered.. The other group is holding fast and will not come back unless they get the seat salary as the police. I suggested they better make application - some of them want to and some of then don't want to, but at least they have been told so they are aware of all of this. City Attorneys: Have shay been informed that they can make application if they are over forty? Councilman PeOterson: I have no objections to that. Councilman Iverson: That's OR. Administrator:: An assessment team was over here inspecting rain store damages. City Engineer:: They were over here yesterday afternoon. One gentlemen from the Bureau of Public Roads and one from the State Highway Department. I presented a list of damages to them - we started to drive over the area. Then they showed us a copy of a report that they have prepared along with the engineer of Maplewood and suggested we make a report similar to this. As soon as possible we will start to prepare it-. They will be notified and will come back and go through that list. Mr. Johnson said that if we could push this through quick enough we could get in with the origiinal flood reports. City Attorney= We met with Mr. Juba of the Northern Pacific Railway Company regarding the lease - we asked again as to the possibility of purchasing this land. They said they had anticipated this and under no circumstances would they sell this lend to the City - thesy desire the income rather than a lump some on the scale. Muller Boat Works has builit his ramp on the city leased property. They said they would reduce the amount of the land we lease and he would settle the situation with Muller. Councilman Peterson: What would they do with the property if it wasn't leased to the City? e • e • woos (July 9, 1965-continued) City Attornesy: They acid other peoplo want it. Engineer: I: think that since Mr. Muller uses the property that we lease, he should pay port of the cost. Administrator: I think the City should sublet to Muller. Why not retain the lease and su::hlet? City Attorne^.r: Can't we let it go until I can straighten out the lease? Councilman Powell moved that ,.he attorney work to clarify the lease; Councilman Peterson seconded the motion. Administrates: Should we renew that lease then? Mayor Charism: Yes - then m. will negotiate with Muller. Administrator.: Mr. Racchini can meet with the Council on July 13th at 4:30 P. M. for the sole puriose of going over plans and specifications for the new City Hall. Administrator:: I spoke with Mr. Hyde, Edina City Manager - he asked how we were coming with our fire department. He said don't entertain the thought of having a full time fire department again - combine the police and fire departments. With your permission, I will travel over Monday and get information and bring it back. Some of the Council members decided they would also like to speak to Mr. Hyde; the Administrator was instructed to arrange a meeting date and contact the council members. Councilman Ive::rson suggested that illuminous house numbers be used in Stillwater. Councilman Pet.treon: Is there any way we can enforce that? Engineer: It :seems to me that all houses have to be numbered according to the ordinance? On motion of Councilman Iverson, seconded by Councilman Powell, the City Attorney was instructed to check the ordinance regarding this matter. Administrator: We need a metermaid or someone to enforce parking in metered zones. The violations are terrible and Rube has only one-half day to do this. Would it be worth a try to see if the revenue improves? Councilman Powe,Lt: I made this suggestion at our last council meeting... Councilman Pete::raons This should be done. 1 think the right type of a person down there would hello - on a temporary basis we should try it. Councilman Powelll: It would be my suggestion that you have a metermaid for half -days; Friday nights grad all day Saturday. Councilman Iverson: Not to increase revenue, but to keep traffic moving. Administrator: Mr. Lyle Eckberg stated that an appeal has been taken by the Save the St. Croix people to reverse the decision taken by the Minnesota Water Pollution Control Commission on thee N.S.P. plant. He wants to know if the City of Stillwater would work on this appeal. This could run into a very costly thing. He wonders what the Councils feeling is on this. We can expect our city attorney to be tied up for weeks - away from privat.m practice. Shall we have our City Attorney enter into this in a preliminary way. 257' i • • / 2 5 0 (July 9, 1965-coamtinued) Councilman Pet:arsons I will move that the City Attorney be instructed to cooperate with M. Eckbeerg, the village attorney for Oak Park Heights, in a preliminary way. Councilman Iveersom seconded the motion. (all in favor). Administrators: We received a letter from Mr. Frank Aiple stating that he did not know his propeerty had been rezoned, and he requested the Council to restore zoning to the time ofl acquisition. Mayor Charlsensc I would recommend that this be turned over to the Planning and Zoning Comiseston. Councilman Powasll: I move that the Administrator ask the Planning A Zoning Commission to review this: with the expression of the Council tending to favor Heavy -Industrial zoning, so the::}- know it's our wish that this be done. Councilman Patterson seconded the motion. Engineer: the Corps of Engineers have been surveying - I assume for some kind of dike area. Administrator: They will be coming up with some kind of proposal, but if the cost of the flood well is greater than the estimated damage in the event a dike was not built, thew won't entertain the thought. AWOORHHENT On motion of Counnclman Peterson, seconded by Councilman Powell, the meeting adjourned at 6:!19 P. M. Attest: 412,-(-0--co-kAJ dig LS Mayor • 259• • Council Chamber Stillwater. Minneseota July 13, 1965 4:30 P.M. Special Meeting The meeting was coaled to order by President Charlsen. Present: Councilmsen Iverson, Peterson, Powell, and President Charlsen. Absent: CQunclmaen Nolde Also present: Mr.. Johnson, State Civil Defense; Peter Racchini, City architect, Charles Thompson, end Alfred Roepke. Administrator: You will probably get a better slant on things if Mr. Racchini explains to you tite preliminary plans for the new city hall and fire station. Also, perhaps we could discuss the Civil Defense portion of the building while Mr. Johnson is hene. Mr. Racchini: We tried at first to have this civil defense center in the base- ment for protecticm factor, etc.; however, after working it out, civil defense demands that the basement area should be full of partitions for their functions. I talked to Mr. Baower about such an area being used and we can't find any way that we could use it; also, their bulletin states that these rooms should have a dual use. Mr. Johnson: We ddo not want to put money in buildings used only for civil defense; folding ddoors can be placed in there. Mayor Charlsen: ?siL1 Civil Defense pay for this? Mr. Johnson: Yes sir. Mr. Racchini:I cormtacted Mt. Anglim - he felt we could use the first floor and basement together if we wanted to. This is the first presentation, but it should be discusses' with the Civil Defense people so we can come up with something they will agree on. Administrator: Wol met this morning with Mr. Johnson on Flood Control matters - I mentioned this :sew building to him and he came over to meet with the Council. Mayor Charlsen: •On the first floor plan it will add quite a bit to the cost of things, won't it?' Mr. Johnson: Youa want to have dual use, so that taxpayers won't say you are using their money! foolishly. Administrators Mow much additional cost would be involved - roughly? Councilman Powellic $18,000 according to this. Mr. Racchini: That is using it for a meeting room. Mayor Charlsen: That would be the cost to the City, and the Civil Defense would pick up the rest?? Mr. Racchini: Yeas. how correct are we as the number of people? Mr. Johnson: Thee/ have come up with a new formula - it shouldn't take any more than twenty-five to thirty people to operate the City in case of an emergency. I think the cost of $36.000 is probably a little low. Mr. Racchini: I ould propose to come up with a plan to show full partitions - to be used for booth meeting rooms and civil defense. • • • 260 (july 13, 1965—continued • • Administrator: Mr. Johnson, and Mr. Racchini, are most municipalities making these provisions? Mr. Johnson: rise sir - wt have eighteen under process now. Mr. Racchini: We will start the proceedings so we can get the project application in. From the dime the application reaches our office, we can get an answer back in a week to start the preliminary work. Administrator: The Council makes a determination at this time as to whether or not it is in favor of spending this additional money for the civil defense area. Councilman Powell: I suggested to the Mayer that perhaps a motion would be in order to instrumct Mr. Racchini and the Administrator to work in conjunction with the Civil Defense people to make application for a feasibility report. Mr. Johnson: ?Mon could not hire Mr. Racchini until the Federal Government says they will partiicipate. We will give you all the help we can, but I cannot do everything on tbehalf of the City. Mr. Racchini: Fine - in the meantime we could still be doing some work on it that will not aeffect that part of it. Mr. Johnson: M!y next step will be to meet with Mr. Racchini to show him plans, etc. Then I care meet with you and the Civil Defense Director to start the actual application. Councilman Powell moved to proceed along the lines mentioned; Councilman Peterson seconded the meetion. Councilman Iverson was opposed. The Council them decided to meet with representatives of the Chamber of Commerce to get their ttnoughts on the preliminary plans. Administrator: Peter and I will try to meet with the committee and iron out these little thniegs. The City Sngineeer requested that the Council act on several items set forth in his written repcort to the Administrator. Item 1. AA decision should be made as to whether West Mulberry Street from Worth Fourth Street to North Owens Street is to be matted witch a bituminous surface or completely rebuilt next year. The Council eleected to remat street as originally planned. Item 2. at is suggested that the Board of Water Commissioners be contacted as to the condition of their water services on West Myrtle Street from Fifth Street to Owens Street. Since this street is to be concrete, it would be better to replace these services where required at the time the street is being done. This should also be true of sanitary sewer services for this area. The matter of ' g for the streets should also be taken up prior to the advertising for bide, since a heesrinq will be held. Administrator: It is recommended by your administrator, after careful discussion with Mr. Hyde eof Edina, that street procedure on State Aid Streets be an - ment of $5.00 poet foot for a new street - to apply at all times. Councilman Powesll: How can we justify $5.00 for a concrete street when we charged $7.00 for blacktop on the same street? Councilman Peterson: We are going to run into a problem wherever we go. If we are ever going to do it, we should do it now. Councilman Iverson: It is all part of this new program - we are going to do it differently from" now on. • • • • a (July 13, 1965-continued) 261' • e Councilman Powe101a Well. I can stand it along with the rest of you. Councilman Iverson, Change the method of assessment. Item 3. This Street Department is out of clean gravel for mixing bituminous patching material. 'Welter Brothers Construction Co.. Inc. has a unit in their pit crushing gravel at the present time. To get the gravel crushed and etockpialed in their pitocLwill cost about $1.00 per cubic yard. Can the Engineer heave authori_stion/nave approximately 3.500 to 4.000 cubic yards of gravel crushed at this time? Administrators My answer would he no - this is not an emergency. (The Council agreed) Item 4. M. Blekum, Recreation Director. has suggested that 'no Parking' signs be installed along the levee road. This week -end this road was full of parked cars, mating it iepossible for cars to pass. At the same ties, the walking area on the west edge of the park was practically empty. The Council Bleated to comply with Mr. Blekum'e request to have 'No Parking' signs elected ationg the levee road. Item 5. Tie abutting owners on west Pine Street from South Seeley Street to C.S.A.M.-Eo. 5 should be queried at the time of the hearing for assessment purposes on this street as to location of all or any service connections, they will desire to have from the sanitary sewer and water mains. The Council agreed. and notation will be made for the hearing. RESOLOTIQNS 1. Ordering Rearing on Improvement, Approving Plans and Specifications and Directing the Cllerk to Advertise for Bids (Lake Drive sewer) AWCURNMENT On motion of Counncilean Peterson, seconded by Councilman Iverson, the meeting adjourned at 7:316 P. M. Attest: Mayor • • '262 • • Council Chamber Stillwater, Minnesota Special Meeting The meeting was called to order by President Charlsen. Present: Council:!men Iverson, Powell and President Charlsen. Absent: Councilmen Rolde and Peterson. July 16. 1965 4:30 P. M. Mayor Charlsen: The subject under discussion is the result of a visit made by the City Administrator, Councilman Powell, Chief of Police Roepke, Mr. Jack Lay of the Chamber of Commerce and myself, to the City of Edina to find out operations of their police and fire departments. It was rather enlightening and we feel it may work here. Administrator: 11 am wondering what kind of schedule, in the Chief's opinion, would be needed tor good coverage in both departments. Chief Roepke: Utkilizing both departments as police and fire in a coordinated group - the policremen will be trained as firemen, and the regular firemen would only be trained tfor fire. With two regular firemen on duty per day, you would need five regular firemen. You would have the same schedule working now - twenty-four hours: on and twenty-four hours off. There would be an additional two men put in the por Lice department: making a total of nine policemen, including myself. Councilman Powel=.1: Are we going under the assumption that Chief Roepke oepk hwould uldethen hen be Public Safety Director? If you have a Public Safety Director, will turn as a policeman then? Chief Roepke: Yees, he would be considered one of the day patrolmen. Councilman Powel11: I don't see how you can do that - he is busy enough as a police chief. Mayor Charlsen: He also acts as the court baliff sometimes. Chief Roepke: The baliff would have to go - the court would have to hire it's own baliff. I feel that this situation would give you a much better police department, plus twice the coverage in your fire department. Councilman Powell': In case a man is sick, could you call a policeman in? Chief Roepke: Might - they are all going to be trained as firemen. The Auxiliary men should be paid for the night they sleep - when you pay them as you do now, they forget to come iin and sleep. I have the radio equipment necessary to run a remot from the fire department to our cars; you will not have to hire a dispatcher. Administrator: I called Mr. Link of the Fire Underwriters at the Mayor's suggestion - I asked him what he thought of such an arrangement. He said he can't tell any municipality what to do, but he said they do not frown on such a set up. He stated, when you have this set up we come over and then we tell you what you have to do to bring pour classification back up again. I asked him if he had any ob- jections to this - he said none whatsoever. Chief Roepke: 'It's better than what you had before. Councilman Powelilh, What would be a good call back salary for the auxiliary men? Chief Roepke: ID don't think you should pay them - that's what they are for. • • • • (July 16, 1965-continued) • Councilman P'bwell: You could pay them for sleeping and for fires. Edina gives them $5.00 per hour for the first hour and $3.00 per hour for the next two hours - we could pay• them $5.00 and $2.00 The Edina mean have various duties - they take care of parking meters grass cutting, etc. That is one thing we should really stress in this City. removal, Administrator:: I heard from Doc Blodgett that he thinks you are going to lose about half off the auxiliary firemen unless you hire back the regulars. Al, what kind of luck do you think you would have in reorganizing this unit? Chief Roepke:: I talked to Ka__y Andrews - he didn't know what way the wind would blow - they a:re waiting for the City to cone up with some kind of plan. Administrator:, Al is concerned that something should be done right now ab training monsoons. out Chief Roepke: I have a strange suggestion - we can't overlook the fact still have a tfrained fire department, we could set up a schedule and ask of them would be willing to accept it. if any that we Mayor Charlsen.: You would have nine of them that would accept: Administrator: The younger men have been coming in and saying that they have but feel bad Mat they pulled the older men out with them. They said,. if we don't get back we don't care, but jobs, that would be OOaravelia and dstromi to see the older men in service get back; Councilman Iverson: A very definite decision was made - this poll and they were gyLven every opportunity to reapply. cY was set up Administrator: In the interest of public safety you might have to concessions. make a few Councilman Powell=: I can see your point - for public relations. People have the general opinion that the fire department is efficient - these men could cone back and instruct them others; it's worth a little thought. Mayor Charlsen: Just the thought - we gave them the chance to reapply. Louis said Monday, if you gaLve us the money the police get we will come right back to work. Councilman Powel'1: I think if we have a Public Safety Director, it should be Al. Re is man enough to handle Edstrom and Garavalia - if we did this, I don't we would have a aroblem. That was our problem with John - who can mike then tar Cit think the mark. and you have we need a good boss public relations with the City. Councilman Iverson: Row would you pick just two? Councilman Powell1: Seniority. Councilman Iverson: The matter has been closed. Councilman Powell:., If you don't do it, it's alright, but it is good public relations. Mayor Charlsen: Pile should have a man in there to train them who knows that equipment from A. to Z. Lawson certainly hasn't given the City any consideration. Councilman Iversonn, I have a list here of seven men from the City who are available firemen - any one of them are highly recommended. Administrator: It: is my opinion - don't dilly much longer with this - have a positive deadline :and put it through: an and cilm Powell: What would be wrong with contacting the St. Paul Fire Department ng them to case over and give the men the particulars for a couple weeks? It could go either way - leadership is going to make the difference. Administrator: In :your opinion, do you think you could handle these men if them back? you had Chief Roepke: Certaainly. • • • 2F� (July 16, 1965-comtinued) • • Councilman Powell: I feel that you could do it. Administrator: Get us assume that the Council would appoint you Director of Public Safety. what would be the first thing that you would do under this job? Chief Roepke: The first thing that should be done is to train men, regardless of who you /brae to do it. Administrator: For Director of Public Safety, do you think we should take a local man? Mayor Charlsen:u Yes. Councilman Powell: Al has done a terrific job with the police department; the best job is the way.he handles his men. I would move that Al Roepke be appointed a temporary Publ:ic Safety Director. Not temporary in the sense that someone else would be lookeod for, but temporary on a trial basis to see how it works out. Mayor Charisen:1 Don't you think it would be better to accept a job like that on a temporary basis? Chief Roepke: Yes. Councilman Powell: It would have to be the same pay until the year is out; then we would have Ito get our heads together. Chief Roepkes I would like to know what kind of plan the City Council would go into first - ateo, the firemen's pay is too low. Councilman Iverson: Are we going to go into this system? I have no objections to this proposael at all as far as Al is concerned; Councilman Powell: I think five firemen and nine policemen can work - you feel you can rum it on that? Chief Roepke: tt looks like it on paper. Councilman Powe.,LL, This brings up a revision of plans for the new City Hall too - they should operate out of the fire department. If you have an integrated system, you should opersnte both from where the fire trucks are. Councilman Iversions On that motion.... Councilman Powelll: I withdraw my motion - when is the earliest we can come down here and make tibat motion again? Mayor Charlsen: That's what we should decide now. Councilman PoweIll: I make the motion that the City Administrator be instructed to contact one of tin men on the list, if Councilman Iverson wishes to be in on that - that's fine - cmntact them so we can determine how soon we can get some instruction. A good gualifiedd instructor immediately to start working on it. Councilman Iver®on: He is to contact anyone he can for training purposes immediately. I will second this motion. Mayor Charlsen: Then we should sit down and hand them rules and regulations for the Fire Department.. Councilman Iverson: Why don't you work up this program a little more? ADJOURNMENT On motion of Councilman Powell, seconded by Councilman Iverson, the meeting adjourned at 5:59 P. M. Mayor Cityy Clerk • • • Council C.ambcer Stillwater, MMLnnesota July 20, 1965 7100 P. M. Special Meeti_ag The meeting wads called to order by President Charlsen. Present: Couaacilmen Iverson, Nolde, Peterson, Powell and President Charlsen. Absent: None., Also Present: Jack Lay, President - St. Croix Valley Area Chamber of Commerce; Leighton Johnston; Kalvin Blodgett. City Civil Defense Director, and Mr. Andrew Hanson (came iim late). Administrator:: The first item under discussion is the matter of the Bergen plat, which was automated to the Council some months ago for Lakeview Terrace. Mr. Bergen has resonated that the Council approve the plat at this time. Most of the curbing is in now. The Mayor, City Engineer and myself drove up the other day to take a look at; it. He is selling the lots and would like to use the description he is using on: the plat rather than sell them by metes and bounds. He is quite anxious to haves us proceed with this. Councilman Peteerson: It seems to me that the State would have to approve the watermains, etoc., before the plat could be approved. Administrator: The City Water Board has approved it - that is where it stands now. Councilman Iveasin: It states right in the ordinance that if the work is not done we should have him post a bond. It also states that a public hearing should be held. Administrator: Just to give you a little history on this thing - Mr. Bergen was given assurancee some time ago that if and when he submitted a final plat, the Council would go along .with him. This has been a problem for many many months. He has refused :.o post: a bond. Councilman Peterrson: He knew what was involved. Councilman Powe:11: You must have a hearing if it is called for in the ordinance. Administrator: You will also recall that there is a direct conflict between the City Charter anod this ordinance. The Charter provides that a public hearing is not necessary - it would be my opinion that the City Charter governs. I would like to ask the City Attorney - in your opinion, which would govern, the City Charter or the orrdinance adopted thereafter? City Attorney: The City Charter, but why was it not put up to a vote? Why have an ordinance in conflict with the Charter? Administrator: I cannot find anything in the Charter except that streets must be 60'. Mayor Charlsen: We discussed before that weshould get a guarantee from Bergen in writing that it would be fully completed by November 1, so that if in the meantime something would :happen to him, we would have a record available committing them to have it finished) by that date. They were going to talk to you, Phil. City Attorneys !?he City Building Inspector asked me to come up to his office - he said he didn't think it should be approved. The Council decided that it should be approved by the (Building Inspector and the City Engineer before the Council approved it. He indicated to me that there were some things that were not completed. Administrator: Mould it be wise to ask the Planning & Zoning Commission to revise the ordinance to comply with the Charter? There isn't any question about it - if it conflicts with the Charter, we can't use it. • (July 20, 1965-continued) 266 • Councilman Powell moved, and Councilman Peterson seconded, that the discrepancy in the ordiinance be pointed out to the Planning Commission. Councilman Peterson: He has not gone out of his way in any way to get this thing done., Councilman .Powell: would it be wise to have the City Attorney sit down and discuss th..is situation with the parties concerned, with the possibility that they would go to.o• a 60' right of way... Mayor Charism: He can't do that - we have already given him permission to have a 30 foot street. The question is, do you want to grant it with the condition that he give us: an affidavit stating that the streets and curbing will be in by a certain date? Councilman Iverson: The ordinances says he Should post a bond - are we going by the ordlinance or aren't we? Councilman Peterson: I move that the plat be rejected because it does not comply with the seibdivision ordinance and the Charter. Councilman Iverson seconded the motion. (Councilman Powell was opposed) Councilman Noldes I didn't vote because if I do we will kill it forever; if he would post a bond I would go along with him. Councilman Peterson: If this meets with everyone else's approval, I will add that to thte motion. I will amend my motion to read that the plat be rejected unless a bond is posted. Councilman Iverson seconded the amendment to the motion. (all in favor) A vote was then taken on the original motion and the Council voted unanimously in favor oof it. Mayor Chanrisen: This meeting was called primarily for the purpose of enlightening the Chamber of Commerce on what has been done in the Fire Department. Administrator: The Chamber would like some concrete proposal as to what the Council's intentions are. Mr. Jack may: Our original purpose in wanting to come up here was just to help where we man; unfortunately, only three of us showed up, but I would like to make some recommendations so we could come up with some ideas here. (Mt. Lay then submitted the following recommendations: 1. We would suggest that you use the Edina system as criteria for seating up your new plan and recommend that you aa. Hire a Director of Public Safety to serve as Police Chief aand to be responsible for the Fire Department. ?This man should have authority to reprimand any man within Elie responsibility who is delinquent in the duties assigned to him. lie should be Furnished a set pattern of rules, regulations, and oduties by the City officials. Th. Purchase one additional police patrol car. •e. Hire two additional policemen. •d. Supply all police patrol cars with 20 #CO2 extinguishers :and water under pressure tanks. oe. Supply all police with helmets, boots and jackets for fire ;fighting. if. Train all police in fire fighting. • (July 20, 1965-continued) t • 2'61 • • g. Hire fiave full time firemen. h. These omen should have extensive training with a perpetual training prrogram to follow. i. Establidsh a merit award system of some type to recognize both policemen and firemen for meritorious duties. j. Train :and utilize as many auxiliary police and volunteer firemen as:possible. k. Make necessary efforts to try to retain a fire classification no lower than Class 6. Mr. Lay: Those area the recomnendatiens this committee would likedtoisubmit; if you want us to do any further investigating, we will be happy ed of our to Some of mayihaver beenAdmnistator. absent. Then ChamberlofiConsmeerce is really trying Edina? ? Is the Coucil tryingt help us in ourur problem. Mayor Charlsen: I believe one or two of the firemen approached the Chamber of Commerce before - 'prior to walling off the job. I believe the Chamber committed themselves somewhati. Mr. Lay: We askedl them to give us until the 15th of July to see what we could find out. We wentto t£1eFire Underwriters Bureau; we received a letter from them. but trey Mr. Lay then read -the letter under discussion: "It is beaconing increasingly difficult for us to give specific answers t:.o questions regarding the effect of various proposals on the fiire insurance class of the City. There have been a number off changes in all phases of municipal fire protection facilities since our last grading and each of these has a certain bearing con the final result of a grading. Recent assents affecting the fire department manning in Stillwater have furttber complicated this to a considerable degree, and we could no longer accurately predict the exact status of the classi- fication the basis of paleehave eev recent letter. As you awareevniththprious manningand organization in the fire department, there was a good likelihood that the:City would not grade as good as the class 5 upon which rates are presently based. With alll other factors being equal, a fire insurance rate for individ- ually raeced nonsprinlered buildings will be about 5% higher under Class 6 than Class 5. It is possible that some changes in a particular property/ or rating schedules since the time of a previous inspection could allied noticeably affect the rating of some building. After the fire department organization has been reestablished and the fire prrstection facilities havereadied a more and grading lof thetfire it is Oar plan to make a complete new survey defenses... This will establish the status of the classification and thus the basis for fire insurance rates." Councilman Molder: Does your group have anything to recommend about the firemen that have walked off? Mr. Lay: That ha.as been established. Councilman PowelI': You are not objecting to that? Mr. Lay: No - ere are trying to help you get organized again. Mayor Charlsen: We went to Edina and had a meeting over there - we should review it. (Mayor Char -Assn then read from report drawn up by City of Edina regarding their present po,Lice and fire program). • �. • • (July 20. 1965--continued) • 21; 8 • • Councilman Ncrlde: Did your committee take into consideration the fact that we are servicing; four townships on the outskirts of town. where Edina isn't? Mr. Lay: Yea. - we recommend that their system be used as a criteria - I know there will be differences, but we still think their system can be used here. Councilman Peterson: Is there a man over there available to come over and make recommendaticons to us? Mr. Lay: They would prefer not to - they would rather we have a man cone from out of State.. Councilman Peterson: Maybe the Administrator could give us a brief review of what happenedi after the meeting last Friday. Administrations At that meeting, the Council members present discussed this very plan - it wale decided at that time that the immediate thing to do would be to get someone iinto Stillwater to train someone right away, but it was suggested that someone be called from the St. Paul Fire Department - this was checked out, but was found() that the only help available out of St. Paul would amount to one or one and a half hours per week, which would be a rather drawn out program, and would talae too long. It was hoped that we could find someone from the local ar;a, but theere is no one available to come in and train men unless you wanted to hire him flail time. Mayor Charlse.n: Is Vern Andrews acquainted with our equipment in the fire dept.? Administrator:: This is true, but Mr. Andrews has indicated that he would not be interested in: spending time to get a continuous training program going. Chief Roepke: It wasn't the continuous program he objected to, but the hit and miss program :as he put it. I only talked to him of training someone right now - he said he woeuldn•t know until they had their meeting tomorrow night to see what the Auxiliary/Ire Department was going to do. He did not commit himself to a definite answer. Councilman Pet:erne: I think Councilman Iverson was going to get some names of young, retireod wan that would be willing to come out here and train these men. Councilman Poweell: From the list of names that Mr. Iverson procurred, would it be possible too Wire one of these men permanently as a Captain or instructor? Mayor Charlseras I think you are going to run into a problem on salary. Administrator= At this meeting, gentlemen, a motion was made and then withdrawn. The Council felt it might be advisable to wait until all of the councilmen were present. I have a recommendation to make to the Council, and I would like to have Nr. Roepbte leave the room if he would. (Chief Roepke left the Council Chamber) Several days nave been spent trying to set up schedules and trying to arrive at not as good ccnverage, but better coverage than we had before. With that in mind, I would like tto make this recommendation to the Council. Whatever action the Council takes„ fine - but it is my opinion that the first thing we should do is - somebody shoulld be elected on a temporary basis to get things started. He would be responsible for seeing that equipment is maintained, etc. The examinatiocns for new firemen were conducted last night - 20 out of the 28 applicants appceaned for the tests and the results will be known tomorrow. It was suggested by Mice Neches (State Civil Service) that a three man panel be set up to give the oral part of the test. He suggested a fire chief from a City of comparable size to Stillwater; a personnel man from the local area, and a man from the State. Fire Marshall's office; this would be a suitable panel in his opinion. The Council can do this, or take the results of the written test and forget the oral part. Al.ong with the recommendation then, a five year salary program would be set up, witll a guarantee to the City that the fire and police budgets combined would be a say.•Lng of about $8,000. Councilman Nolo.de: We will be right back where we started. • • (July 20, 1965-continued) 269 • • Mr. Lays What has been done has been done - what now needs to be done is to establish a policy and build on it. Councilman Noldes 3n some respects. I agree with you, but the firemen more or less indicated to me that they would come back with two lees men so they could have their salary seised. Administrators As late as yesterday. they said if some of them were to be called back they wouldn't .come - it would have to be all of them or none. Then after the eight were hired beck the City could do whatever they wanted about getting rid of the two. Councilman Noldes When you hire a safety director, are you going to hire someone that knows about fire fighting? Administrator: No+,t really, no. It is my opinion that it should be a local mans then I think we Weald hire a fire chief who is a fully trained man - the director of public safety would be there to see that rules are maintained, etc. I believe we will have a smo.ether and more efficient public safety department - more men will respond to £i:.res than ever before. POLICE AND FIRS PERSONAL SERVICE BUDGET 1965-1966 1. 1. 1. 5. Chief Assistant Chie:eE Sergeant Patrolman Police - Base Pay $685.00 Per month $610.00 $570.00 $540.00 Per month 3 years service $520.00 2 years service $495.00 1 year service $475.00 $425.00 starting pay Fire Department - Base Pay after first six months 1. Chief 5. Firemen $500.00 Per month 3 years service $485.00 $470.00 $450.00 after first six months $420.00 starting Pay Police and Fire Personnel to receive $10.00 extra pay per months for every five years of continuous serwvice. Police and Fire Perrsonnel to receive continuous service. eleven (11) paid Holiday pay to be paid to Police and 2 years service 1 year service five (5) paid holidays after two years of holidays after five years of continuous service. Fire Personnel on or about the 15th day of December. Off duty Police arnd Fire response calls to be paid at $5.00 flat rate. Off duty Police and members of street crew will be paid $3.00 for every fire training session. Off duty City Personnel and Auxiliary firemen will be paid $3.00 per night for sleeping in the fire hall. • e 270 (July 20, 1965-cmntinued) • • Administrator:a This will keep you within the limits of the police and tire budgets within the next five years. Along with this there would be rules and regulations. When a firemen is hired he will work eight hours per day at something. This schedule will remain in force until the Council decided to give a blanket increase to all employees of the City. Councilman Pont Lt You have the Chief working a regular shift like the rest of the firemen? Administrator•: The Chief would be a working Chief in this case. He Should always be the first iman to the fire - this is the important man. This was the problem before - too ;many chiefs and not enough Indians. Councilman Powell: At the start of this report I was inclined to have some exception to Lt, but after giving it some consideration, I think it is a real good suggestiion. We certainly need someone with experience and knowhow to train these men. HSetore we consider anything else, it is really the most important thing. I think it's worth a lot of consideration. Councilman Molds: I think, according to the schedule we are going right back to where we were. How many hours are policemen going to be working? A firemen on a shift is going to do eight hours actual work - then he has to go back and be a firemen for tithe balanced of the day. the eHHawwtmanyahoirs s does a saa policce an work, work ertr day? Let's say 10 hours per ay a fireman willl be called back. Administrators: The policeman is going to be the first man on the scene. Councilman Powell: The pay differential is not as big as it is now. Councilman Melds: Hut the firemen are going to be doing double duty also. We also have a fire orhief who is still employed. Now we are going to have to hire another fire chief. Mayor Charls:en: We have no intention of having two fire chiefs. Administratonr: It would be my recommendation that we certainly don't kick out old time emplLoyees - it would be my recommendation that this man be given an opportunity .to work until he has his twenty years ins it might be a additional expenditure, but as far as public relations, he should be given some work other than fire. :le is not capable physically or mentally of doing fire work. Councilman Nmolde: Are the police healthy enough to be policemen and firemen? Administrator: If they are not, I would think the Public Safety Director would take the necessary steps to correct any deficiencies. Councilman Everson: It seems to me that the whole thing boils down to hiring a well quail/tied man to train the men that will be hired as a result of the tests. Mayor Charisma: If you hire a man to train men. he is not going to be available twenty-four hours per day to train men. He should also be training some of the policemen. Councilman lHolde: Follow the recommendation of Councilman Iverson - whoever is brought in — explain to two of them that they will be moving into the police department tto fulfill their training and after they have been trained they go into the fire department until all men have been trained. After that we can sit down and see if vve want a full time safety director in the City of Stillwater; that would be my ' recommendation. Councilman :Iverson: Does John feel he should be out of the department altogether? Administratworr If you put him in the Fire Department I think you would be depriving citizens of' the full protection that they should be receiving under this set-up. I believe its:: important that all of these men should be trained for fire at one time. • (July 20, 1965-continued) • Council,.. Powell: The first thing I wanted to mention was, Councilman Nolde had a quemtion about the firemen working eight hour days. Wayne Bennet says. if you have a busy fireman you have no friction; that's the reason they have such a good fire department. John Lawson could train the policemen at night. I believe we should have a safety director. Councilmann Peterson: I feel that we should take first things first. We have to get a ffire department, so in order to have a fire department, let's get a man who will' be in charge of the Fire Department. Get this going, then decide on a Publiia Safety Director. Administra-.tor. I wonder if you are overlooking one thing - we may fall back into the same situation we had before. Mayor ys Char.lsen: I would like to interject a thought - you say we cannot get Andrews - if we can't get him to train these men and if you have to bring someone frals outside of the Stillwater area, he would have to have someone to go to for g9uidance, locations, etc. I would think that he would welcome someone to go to. Councilman Powell: I am in 100% agreerent with getting a man to take charge and tel get the de going, but we can't get a man have to sellt his home, etc. We should ask Mr. Andrews ver here ciome two weeks - to hirty — days. ews to come in for about thirty Mayor Charlatan: The list of men you have - are they working now? Councilman Elverson: These people are all availa:de for the Chief's job - that is the only way. we could get them. Councilman Paolde: t would like to move that we instruct the administrator to get the list from Councilman Iverson - contact these fellows and interview them - hire one of them as soon as possible as Fire Chief for the City of Stillwater. Mayor Charism: You aren't interested in getting Vern Andrews? Councilman Poowell: The recommendation of the Chamber of Commerce is to proceed on the system off the Edina Fire Department. It seems to me if we hired a temporary Public Safetld Director and let these matters be taken care of by him, we would have a smoottlar operation. Basically, we agree on what should be done; if we tell the Public Safety Director what our thoughts are, we will save ourselves a lot of time and tlrouble. Mr. Blodgett= I have a lot of things I would like to comment on, but primarily, Councilman Peterson and Councilman Powell hit it on the head; you don't have time to sit and waait to get somebody to come over here. I don't think you have got this times I think what you mentioned is about the best thing you could do - somehow get Vern Andrewws in here; he knows the town and the buildings, and the equipment. This is where: you have to start from. I think this should be done right now: Any- thing can hapjpen. Another thing - 1 feel it's a shame that the fellows walked off - they know theft and we all know that. You say they won't come back unless they come back as eight men. I have an idea that maybe this could be altered. If some of them came bac* it would be the greatest thing in the world - it's going to take months for therm to learn if you have green men. I think soothing should be done immediately; El think Vern ie the answer. Also, if there is some way to get some of the fellows] back..... Mayor Charisma: Mow are you going to pick out two or three of the eight? Mr. Blodgett: I would say that there at least six or seven there that can do an adequate job. 1 just say that if some of them could come back - these fellows know the streets, the buildings, the equipment; how would the new fellows even know where the fire is? Another thing to consider - I am sorry to say that most of the volunteers are going to quit, I don't believe this is the proper attitude, but they came in only because they wanted to do this work - their association with the of regular firememn was quite a thing. The fact that the other men aren't there - most goon them mo willflit. I have an idea that the group officially will dissolve - that's 4 ggreat loss right there. 271 \, • • • • i 27? a (July 20, 196!3-continued) • e Administrator: I believe, along with Doc Blodgett, that if we could take two of the old men: back it would be good for the community public relations wise, but how ars you: going to take two without taking them all back? Councilman :Iverson: They had their opportunity to apply - none of them applied. Mr. Andrew !Ranson: The only thing I would like to state in the matter of the gentlemen w:mlking off the job is, if the fellows decided to leave - that's fine, but if any :individual walked out the door in private industry they would be through unlaces extreme circumstances were there, and this is not the case here. They requestted help and didn't wait long enough to see if anything was forthcoming. If you were to hire one or two back it would be an admission that there was an error. I doon't think the City Council is any way situated to be obligated to them. Let it be one a wide-open competitive basis. Get a well organized department willing to work for the ends we all want to work for - that would be my feeling. As far as the volunteers, they are not there because of the other fellows; they are there because they/ want to be there. Dr. Blodgettie We tried to get more men and you just don't get volunteers. Councilman Powell: When you talk about bringing back old firemen, he said that it was the ocpinion of the old firemen if we would take two men back - they wish we would take Garavalia and Edstrom back - in my opinion this would be impossible to do. I bejLieve we can overcome this obstacle of not having a man in the fire department that was there before. The volunteer police said they would take training as :firemen. Dr. Blodgett:: I think we should exhaust the possibility of getting Vern Andrews first. At this tane Councilman Peterson seconded Councilman Nolde's original motion to hire a fire chief for the City. Councilman Poo.rell: I would like to amend that motion so that we also contact Mr. Andrews to start immediately in training. Make negotiations with the Water Depart- ment that he !e relieved of his duties until such a time as we can get another instructor. Councilme:. No..Lde: I will amend my motion to read that we include the name of Vern Andrews on th.ds list. Councilman Iverson: You want Vern Andrews to be temporary chief? Dr. Blodgett: You fellows are running the City - somehow 1 think you should get Vern in there : - he would be the best one for an instructor. Councilman Peterson then seconded the amendment to Councilman Nolde's motion. (all in favor) Mayor Charisma: It is your job now, Les Brower, to contact Vern Andrews of the Water Board annd see about getting him in here to instruct these men as soon as they come on diuty. Councilman Pommel': All this time we have had Mr. Roepke out of the Council Chamber and timers was no need for him to be out. At our last meeting it was suggested by myself that he act as a temporary Public Safety Director. In order to finish that_, I believe Mr. Roepke has the quality of leadership of men and that be would make .a good Public Safety Director. Maybe it's too early to appoint a Public Safety /Director, but I think we Mould have one. Mr. Lay: I dosn't want to minimize the training for fire people, but I also think a lot of emphasis has been put on this that isn't necessary. We talk about fire fighting — at Edina, 92.5% of their fires are menial fires. I think that Bud, with what he knows about this town - I don't know where he could not be very helpful in insttnvcting whoever you get in here as fire chief. In my opinion this is being blown up a bit as to the capability of learning. • • (July 20, 1965-continued) 273`, • Mayor Charlsen: I think he should be in on this training from the start. Councilman Powell: 3 made a motion and withdrew it the other night Mr. Hanson: If a public Safety Director is appointed, let him be appointed with enough authority to go ahead and do his job. Let him go to work - if he has trouble Withinlhis department he can remove men with your full backing - let him do his job - wiithin limits, of course. Mayor Charlsen: Domm't you think, as a local citizen, that the public would accept cooperation more with a local person than to bring someone from the outside? Mr. Hanson: I think so, yes. Administrator: I e on't think you could find a better Public Safety Director than Bud Roepke - he knows people, gets along with them. Mayor Charlsen: It% has been recommended by the City Administrator, and I will back him 100R, that! Mr. Roepke be appointed on a temporary basis. Councilman Peterson% Frankly, I would have to concur that a local man as your Public Safety Direa:tor would be very much of an asset because be would know the area, etc. Councilman Powell: I would again like to move that Al Roepke be appointed Public Safety Director on a temporary basis for the remainder of 1965. Councilman Peterson seconded the motion. (all in favor) Mr. Lay: 1 like that. Mr. Roepke returned to the Council Chamber at this time. Mayor Charlsen: Chief, the Council has voted unanimously to appoint you as temporary Public Saefety Director for the City of Stillwater. The first thing we would like to sees is a set of rules for the Fire Department and the Police Department - something to be used as a guide for the new men. It has been recommended by the Council twilight that a man be hired as Fire Chief for the City and that a panel be set up to give oral tests to those men who took the tests for firemen positions. It was suggested that the Fire Chief of Red Wing be named to the panel, etc. Hastings Chiefs local Personnel man; Representative of Fire Marshall's office. Councilman Nolde: I think we should leave it up to Mr. Roepke as Public Safety Director. Councilman Powell: I move that the Public Safety Director be instructed to pick a panel of three men from the list that was suggested. Councilman Peterson seconded the motion. (all in favor) Councilman Powell: Mal Blodgett said the volunteer fire department would be meeting tomorrow night; wouold it be a good thing if someone from the City were to attend this meeting so theist they have a better understanding of what the Council feels? Administrator: I bcelieve that since this appointment was made we will lose very few volunteer firemen; I think Mr. Roepke should look into the matter of meeting with these gentlemen. Mr. Lay: This was put to me by some of the volunteer firemen - they suggested that someone attend' that meeting and explain what the specific plans of the Council are. Mayor Charlsen: Cowancilman Powell has been on the auxiliary fire department - he was also the counci..Lnan in charge of the fire department; I would like to suggest that he go to the mutating tomorrow night along with the Public Safety Director. Councilman Iverson snowed for the above; Councilman Peterson seconded the motion. (all in favor) • (7'(July 20, 1965-continued) 74 On motion of /Councilman Powell, seconded by Councilman Peterson, the Council decided to adnertiee for bids on City Insurance. (package deal) On motion of Councilman Iverson, seconded by Councilman Peterson, a request for a variance permitfrom Mr. Thomas E. Wright, was referred to the Planning Commission for consideration at their July 27th meeting. RESOLUTIONS 1. Ordering &leasing on Improvement, Approving Plans and Specifications and Directing Clerk to Advertise for Bids. (South Sixth Street Sewer) ($1.25 donated by councilman and people in :attendance for payment of $1.20 penalty - taxes.) The Clerk administered the oath of office to temporary Public Safety Director, Alfred Roepke. ADJOURN►ENT On motion of Cocancijnan Iverson, seconded by Councilman Peterson, the meeting adjourned at 1Oec16 P. M. eke Mayor Attest: • e • Council Chamber Stillwater, P±'.nesota Special Meeting July 26, 1965 4:30 P. M. The meeting was called to order by president Charlsen. Present: Councilmen Iverson, Nolde, Peterson, Powell and President Charlsen. Also Present: William Banister and Duane Elliott of Banister Engineering Company; Karl Ericson, County Engineer, and Charles Swanson, Assistant County Engineer. Absent: None.. Mayor Charlsenmr This is a special meeting to discuss plans for reconstruction of Pine and Myirtle Streets. Mr. Banister: There is a storm sewer involved in the construction of Pine Street. Last week we ware advised that the County had made a survey on Olive Street, and had proposed a,major improvement on the street next year. Mayor Charlsen:a This has nothing to do with Pine Street. Nr. Banisters The storm sewer has to be built first. The question comes up whether they Should participate in the cost of this storm sewer. The idea is to build a storm sewer on Olive Street 148' west of Seeley to Seeley Street; then south on Seeley to Oak; east on Oak to Brick Street and south on Brick Street to Lily Lake. Also, on Pine Street from Pine Tree Trail to Seeley Street and north on Seeley Street to Oak Street. I thought that as far as the drainage is concerned, it was settled that you wantead to build that much storm sewer. City Engineer: There was $17,000 or $18,000 set aside in the budget for storm sewer work. Nr. Banister: Unfortunately that is not enough - it will be about $57,000 without engineering or contingencies. Mayor Charlsen:: Vo you think the County would be interested in contributing at this time, rathaer than having to do it over again? Mr. Ericson: Anything the County does, we do so we don't have to do it over again. Coming down our road from Fairmeadows, we would be taking care of City water for quite a large amrea, but I am not in a position to speak for the County Board. Councilman Noldle: Do you think it's right for the County to contribute toward this? Mr. Ericson: Mere is quite a bit involved here. we only get needs credit for the center twenty -fear feet on Olive; if we go to work and build a forty-four foot street we are buildings quite a bit beyond the amount of thatetreet we have assumed the responsibility for; we won't recondition that street unless we put in curb and gutter - then we would goo to a forty-four foot street. Mayor Charlsen: The only thing you are talking about is repairing County Road 95? (olive Street) Mr. Ericson: Yeas, Mayor Charlsen: Could the city assess for storm sewer on that street? City Attorney: I don't see how you can. Councilman Noldee: Why can't we levy so much per year and get the job done? Mr. Elliott: I um not sure we will get approval from the State unless we have the proper drainage Ln there before the street is fixed. 275' • • (July 26, 1965—continued) Mr. Ericson: We have the sane problem on Olive. Councilman NoIlde: It seems to me it would be cheaper to put in storm sewers than to pay for haIIi of a forty-four foot street. City Engineers: It is. Councilman Powell: What would the difference in cost be if the County did their twenty-four feeet and the City did the rest, and then the County participated in part of the server construction? Mr. Ericson: The City would have to carry half the total cost. I am sure the cost to the City worould be more than the cost of the storm sewer you are talking about now. Councilman NoIlde: We set up a policy where we would do these trouble spots without The City At.ttorney stated that according to the Charter of the City, the City would use !reasonable discretion and levy for storm sewer work. Councilman Ivverson: In other words you are saying that every year we can levy for permanent. Improvement fund and forget about ing for storm sewers. Can we do this? City Attorney:: It says you can. Administrator:: It was discussed at a recent council meeting that a figure should be arrived at for all sments - $5.00 per foot was mentioned, call part of it a storm sewer assent on Pine Street. On the other matter, the idea was to borrow this, money to start a State Aid program and take the money to retire the bonds - you acre going to assess property and have a continuous improvement program going. A meats would come back into the revolving fund. Councilman NoIlde: When do you plan to build the new road? Mr. Ericson: We would like to build it next year. Councilman Monde: If we put in the storm sewer, would you more or less guarantee that you wouldd put in the street next year? Mr. Ericson: Yes - if nothing unforseen happens. We have a rough program for next year, butt we can do it if the County Board goes along with us. Administrators: What are you going to be doing on Pine Street? You should decide this tonight, the other matter you should think about. Mr. Banister: The important thing is to set a date to take bids, but before you can take bids:you have to decide what you want to do about the storm sewers. Administrator:.: In your opinion, as this thing has been laid out, is this good engineering f:or the future? Mr. Banister: Yes, sir. Administrator:: It's cheaper to do it now rather than at a later date. Councilman Iveerson: We should put the storm sewer in now - then we have the base for the whole area set up. Administrator:-: In your opinion, can we get both projects completed this year? Mr. Elliott: It's a matter of weather. Mr. Banister: Sewer and water services should also be put in on Myrtle and Pine Streets beforee the street is completed. Administrator:: Are we all agreed that Pine Street has to be done this year? We could advertisse for a complete package, with the understanding that Myrtle could be done next !spring. • • • (July 26, 1965-continued) Councilman Molds: 331 move we advertise for bids to install storm sewers; to do the Pine Street job this year. and the Myrtle Street job this year if possible, or the first part of next Hear. And there will be no assessments for storm sewers, then? Council agreed. Mr. Banister: I wotald suggest you set a date for bids and reword it to include watermains. Councilman Peterson:, Is that included in your motion? Councilman Nolde: Tres. Councilman Peterson:.i I will then second the motion. Mr. Banister: Are rom going to waive the building inspector's fee? Councilman Noldes :I move we waive the fee of the building inspector. Councilman Peterson, seconded the motion. (all in favor) Mayor Charlsen: We :vill have the opening of bids on August 17, 1965. at 3:30 P. M.: and the hearing on the improvement will be on August 17, 1965 at 7:30 P. M. On motion of Councillmn Iverson, seconded by Councilman Peterson, a request from Mr. John Fazendin foor a non -conforming permit to build a six-plex was referred to the Planning Commisssion for consideration at their July 27 meeting. (all in favor). On motion of Counci:loran Powell, seconded by Councilman Peterson, the Administrator was authorized to ez=ecute a transfer of deed to Theodore LeTourneau. (Vacated John Street) Seas Resolution. Administrator: Wou.141 you entertain the idea of rehiring Mr. Paul Doerr as a mechanic - driver in the Streett Department for $2.30 per hour? Councilman Nolde: Councilman Petersonm I have no comment. Councilman Iverson: Nothing. On motion of Counci..lnan Nolde, seconded by Councilman Peterson. the Administrator was instructed not .to rehire Mr. Paul Doerr. Administrators At Stillwater for the the request of the Councilman Powell: meeting also. .2e00 P. M. tomorrow a State labor conciliator is coming to 'purpose of discussing the fire department. He is coming at 'president of the National Fire Fighter's Association. L move that the City Council and the Attorney attend this Councilman Peterson, seconded the notion. (all in favor) Administrator: We Have called the three top men on the list submitted by Councilman Iverson for possibls.e Eire chiefs. The first man eliminated himself; the second man's wife does not want tto move to Stillwater, and the third man is coming in at 10:00 A. M. • (July 26, 1965-continued) 1278 • tomorrow to diascuss it. He indicated that he is strongly opposed to en integrated department. butt would discuss it anyway. Councilman Peteexson moved that the Administrator contact the rest of the men on the list elute. Councilman Powell seconded the motion. Administrator: L thought I would report to you that the St. Paul Fire Chief informed us that he doe::s not have any men available that would train an integrated fire department. Chief Roepke: We are running into a stone wall trying to get someone to train men - as soon as they find out it's combination police and fire they don't want to have anything to do, with it. I think we will have trouble with any chief you may hire from the cities. Councilman Noleie: What about this fire chief from over here in Wisconsin? Administrator: You mean Ben George? Councilman Nolte: Yes; maybe you are going to have to take him. Chief Roepke: Hr. George is going to come over here tomorrow night and start a series of in:sstructions with us. He said he would be more than glad to come over. He willinstruct police, and auxiliary men if they can make it. Councilman Powell: When you talked to the man from the National Fire Fighter's Association, d=.id he mention that they were going to bring suit against us? Administrator: No, but he said they would do everything legally possible that they can do for the firemen. Councilman Powell: Be indicated to me on the phone that he was going to bring suit against use. Administrator: in regard to the panel to test the applicants. we have two fire chiefs - from castings and Red Wing, but are having difficulty getting a personnel man to serve - they do not want to get involved in our dispute. Shall we resort to someone froze inside the City limits if we have to? Councilman Potter -son suggested calling Nr. Edwin Stuart, who lives in Stillwater, but works in Reaseville, as he would be a qualified person to serve on the panel, with a background of counseling and psychology. Administrator: The dog licenses issued to date amount to about 200; we should have about 500 licensed dogs in town - do you think it would be advisable to have someone in our office call and remind the dog owners that licenses should be purchased? The Council agreed. RESOLUTIONS The following resolutions were, on roll call. unanimously adopted: 1. Authorizing the Conveyance of Real Estate (Theodore LeTourneau) (not publistted within the required ten days) • • (July 26, 1965-cnntinued) 2. Order/Inc Rearing on Improvement, Approving Plans and Specifications and Directing Clerk to Advertise for bids. (Pine and Myrtle Street reconstruction) 3. Orderiung Improvement, Approving Plans and Specifications and Directing Clerk to Advvertise for bide. (West Olive Street Storm Sewer) 4. Relatiing to Parking on West Pine Street. ADJOURN:4E69C On motion •of Councilman Iverson, seconded by Councilman Peterson, the meeting adjourned :at 7:14 P. M. Mayor Attests (280 • • • Council Chamber Stillwater, Minnesota July 27, 1965 2:00 P. M. Special Meeting Present: Counc±tnen Iverson, Nolde, Peterson, Powell and Mayor Charlsen. Also present: Brower, Eastwood, William McKenzie, Assistant State Labor Conciliator, Mr. Norheim, Representative of International Fire Fighters Association. Mr. McKenzie: Thte reason I am here is, Mr. Peter Obermeyer, the top man in the Labor Conciliation Division of the Labor and Industry Department, feels it is in the best interest; of the general public that this meeting be held to discuss this problem and see wwhat we can do about it. I am not here to dictate; I am here to listen and seee what we can do, and possibly make sone suggestions. Mr. Norheim: I awn here representing the International Fire Fighters at this meeting; I am a fire captaain in Minneapolis, and the labor aspect is an avocation of mine. Mr. McKenzie: Ass we all know there is a problem here; at this time I would like the representative of the Fire Fighter's Association to make a statement as to what this is all ,about as to his angle. I will request somebody here to speak for the Council awed the City of Stillwater. Mr. Norheim: I atn not real well informed as to all of the particulars in this involvement. I agpent the morning talking to the old firemen; the most pressing problem is putting these firemen back to work if this can be accomplished. With that I would like to hear your position - what you feel and if you think there is a simple solution to this problem- putting these men back to work again, and from that point what came be done. Mr. McKenzie: i would like to know as a matter of record from a representative of the Fire Fighter'sa Association, what created this problem from your point of view. Mt. Norheim: The background as I am familiar with it - because of the unsuccessful. negotiations with which the fire fighters entered into with the Council, and the event where some ooE them stated they had to have some agreement or they would remove their services in protest. The real problem seems to be lack of organization in their protest and their employment being terminated before normal machines could be set into operation.. As I understand it, they did have a fact finding panel estab- lished and no sati..sfaction was given that any of the recommendations of the panel would be met - especially for rules and policy. The primary consideration in any organization trying: to function is a policy so they know where they stand. The big problem is these failure to comply with the fact finding panel's recommendations; the fact that the fire fighters felt they must protest, and the terminating of their services by you people. Mr. McKenzie: Do .you mean to state that the village council did not comply with the fact finding p:anel's decisions, or that the fire fighters did not go along - which is it? Mr. Norheim: My statement would be that none of the recommendations of the fact finding panel were put into effect. Mr. McKenzie: Were they agreeable to the fire fighters? Mr. Norheim: Yes. Mr. McKenzie: I would like a statement from some member of the council as to what took place in their: position. Mayor Charlseen: Mr-, Administratnr, you were present when they issued the ultimatum, is that correct? • • • (July 27, 1965-continued) 281\ • Administrattor: Yes; do you want me to start from the report of the fact finding panel. or waken they walked off the job? Mr. McKenzie: Start from the time they requested a change in conditions. Mayor Charineen: I believe Mr. Eastwood is familiar with this also. Mt. Eaetwomd; Sone time prior to March of 1965, the Fire Department sent us a letter; thine letter, in effect, set up grievances as clarified under Chapter 179, We took it to mean they wanted a grievance panel. The Council appointed me as their representative? the Fire Department appointed Mr. Ira Lietzow, and he and I could not[ agree on a third man so we asked the judge of the District Court to name a thud party; he named Mr. Lohmer. We met on March 29, 1965; May 3, 1965; May 6, 19656; May 12, 1965 and May 17, 1965. After hearing all of the evidence on both sidEes, it was felt that there was a lack of communication between the Fire Departiment and the City Administrator, etc. At no time did this grievance panel ever consider that the Fire Department should be on an equal pay scale basis with the Police Department. There were innumerable meetings following the recom endatzions of the panel - Mr. Brower had many meetings with representatives of the Fires Department trying to live up to the recommendations. As far as money goes, theree was none available this year - or maybe not next year. The firemen appeared at= a Council meeting here; Mr. Garavalia was present and I asked him, "Is it not true that the company that was on duty walked off duty at 10:00 A. M. on Friday? Ansi the next day did not retort for work?" (See meeting held on July 6, 1965) These men admit that they walked off - that they quit when they walked off at 10:00 A.M. Mr. Mcxenzi,.e: City Attorney: Mr. Norheim;: Mr. McKenzie City Attorney: of Stillwater. Will you give me a copy of this to transmit to my superior? We will provide a transcript of this, yes. I would like to have copies myself. One thing you spoke of - twn companies? Two companies in the Fire Department - both working for the City Mr. McKenzie: They are not under Civil Service? Mayor Chariest:: They are working for the City of Stillwater - not under Civil Service. Mr. McKenzie.: Does the City of Stillwater contract with these gentlemen that you named for fiire fighting services? City Attorney: Nor they are regular city employees. Mr. McKenzie': As a group? City Attorney: As individuals. Mr. McKenzie:: At the present time, what has been the action of the City of Stillwater - since the ti'.se that you state that the individuals quit? Did the individuals state that they wenre quitting, or did they state that they were striking? City Attorney?: They didn't use the work, strike; they left their post of duty under the statement of one of the men. Mr. McKenzie:: Mr. Brower, what was his statement? The individual representing the fire fighterea? Administrattn: Mr. Garavalia, one of the spokesmen for the firemen, appeared in my office at 9:00 A. M. on Friday, July 2nd, and stated simply, if our demands are not met we are quaitting our jobs as of 10:00 A. M. the same day. Councilman Powell: Essentially, this is the same thing they said to me the night bef-re; they maid, "we are all thrnugh." City Attorney": And they did walk out at 10:00 A. M. and left their duties. • • (July 27, 1965—continued) 282 e Administrator: This is the second time that this has happened - they walked out once befocre and were hired back? Mr. Norheim: When was that? Mayor Charlse::s: In 1958. Mr. Norheim: Mr. Brower, you are the City Administrator - are you empowered by the Council t.:a act for them? Administrator•. I act as the Council's agent and recommend to the Council any matters that :eight... Mr. Norheim: They are not obligated to concur with your recommendations? Administrator:: No, sir. Mr. Norheim: You spoke in place of them in this case, but they retain the authority... Mr. McKenzie: They ratify or reject. Councilman Powell: We authorize him to negotiate on our behalf. Mr. McKenzie: You are stating that he is not the absolute authority. Councilman Pewvell: That's right. Mr. Norheim: .With the conclusion of the fact finding panel, did you then make recoammendationas to the Council verbally or is it part of the minutes? Administrator: I don't fully understand your question. Mr. Norheim: OCan I find someplace in the public record where you recommended either against or for a certain position? Administrator: I don't think you will find anything in the record where the Council was consulted after the panel report was submitted. Prior to this panel, it was ddecided that it would be to the beat interest of the Council and the citizens oft( the City of Stillwater that they would accept the recommendations of this panel, wbere possible. When the panel brought in their findings, the Council, thrnuggh the Administrator, tried to comply with the findings. Mr. McKenzie: Is it or is it not true that, actually, you were in no position at any time to gizmo an absolute answer to these individuals that they could receive the benefits ttrsy were requesting over and above what they were receiving? That you were in no position to meet their demands? Administrator: The Council would have the final authority. Mr. McKenzie: 'You could listen to their demands, but the final decision had to be made by t_he Council? The ultimate answer for paying wages, etc? Administrator: The Council endows the Administrator with certain authority, but not beyond adjune-tments of salary - this is a Council matter; working conditions such as vacatinrm, sick leave and this type of thing, but minor things such as going over depau tweet heads to the Administrator would be my decision. Mr. Norheim: Caen the Council over rule you? Administrator: Yes. Councilman PoweJll: we should bring out that the Council has been in complete accord with actii-n taken by the City Administrator - we have worked very closely together on thirst. Mr. McKenzie: wvhat I am trying to find out is very important. The next question would be, is themre any decision that the City manager can make that is not subject to counts rmanding by the Council? (July 27, 1965-continued) 2,83`, • • Administrators It would be well to read the resolution defining the administrator's duties. I thnink this might explain it. There is a difference between a city manager and ee city administrator. Mr. McKenzie:: There is no confusion on my part - you administer what these gentlemen make the decitisions one you do not have the flexibility that a city manager has? Administrator: That is correct. Mr. Norheim: with the conclusion of the fact finding panel, did the Council transmit anyttleing in writing to the fire fighters? Administrators I don't think so. Mt. McKenzie:: I have listened to the position of both parties. If the representative of the fire :fighters might excuse himself, I would like to talk with the City Council and the Administrator. (Mr. Norhe:,im left the Council Chamber at Mr. McKenzie's request) Mr. McKenzie: I believe that our Division of Labor Conciliation understands very well what haws taken place here. As you know our Division is not set up to say that you must do :anything except comply with the law. As far as we are concerned, I believe that: there is no breaching of the law as tarns the City of Stillwater is concerned. 'Very possibly the fire fighters have breached the law so far as public employees area- concerned. But, what we are interested in is to do a job for the public internat. I came down here early today: I met a good many of the citizens of Stillwatevr - not telling them why I was here. I mentioned the weather and also conditions itt general, and then asked, what is this I hear about your fire fighters? I was trying: to find out the feelings of the people. I found out that business people and many others don't like the idea of people walking off the job and leaving them without prot.:ection, but at the same time seemed to feel that the fire fighters had some justicet on their side. Therefore, what I am going to ask is, is there a possibility that something can be worked out where these people can be returned to their jobs? Mayor Charls.ean: We are one of the few cities of the Fourth Class that has a full tine fire department. We have given them increases of some kind or another practically every year. Three years ago, one of the policemen died- the rest of the police stated that, for lease money that it would cost to replace this man, they could take care of the town - t':hus we were able to give the policemen sone increase in wages. We give them more pa--V than the firemen are getting and that is what they have been concerned about for thee last three years. We have asked the firemen to do sone extra jobs around the fire hall_ - they turned it down. We asked them to keep the windows clean - they turned it domm. We asked them to keep the sidewalks clean and cut the grass/ they do that when itt is brought to their attention. As late as three or four weeks ago they came into myy office - Garavalia, zoller and Kdstrom. I suggested that they come up and file an application and every consideration would be given to their application - "' they refusedl to do it. I am sure we would have given them every consideration if they had donne so. The possibility of hiring them back is practically nil - on complete agreement off the Council. Mr. Mclenzies On your request of the individuals to do these various tasks - you might say gccod housekeeping within the department? Mayor Cherieaen: Some of the jobs were chores... Mr. McKenziem: Just to fill in while they were waiting for a call? Mayor. Charlssen: ye,. Councilman FFove11: When he asked them to consider applying, we had at that t me other applicmants - we wanted them to take the test along with the other people - they refused: to take thin test. Mr. McKenzie:: They wculd take the test and then go back to work under the same conditions tfhat they resigned under? Mayor Charlssen: we didn't say they 'would' go back to work, but 'if' they did go back to work they wnuld go back under the same conditions. 84 (July 27 „ 1965-continued) • City At:torney: The Council waived every requirement for the old firemen. They were novt only 'asked' to take the teat by the Mayor: they were 'begged' by Mr. Brower tto take the test. Mayor CllarLsen: We asked the State Civil Service to come over and conduct the tests - we wanted to be strictly neutral so there could be no comment about the Council being biased. Mr. McKeemzie: Have the fire fighters ever been told that they should come in with their requests six months or so before you make out your budget? Mayor Cherlsen: Two months prior. The Chief was asked to submit his budget, etc. Mr. MCKeemzie: How long ago was this recommended and did the Chief inform the men working under him? Mayor Ch:tarlsen: He evidently told the men because they were here at the budget meeting. Administrrator: The Fire Chief was told many times by the Council members to submit his budgeet for the ensuing year. Whether this was passed on directly to the men, I cannot answer that question. Mr. McKenzie: The men actually causing the dispute are not the fire chief but the men workiing under him - if they were not informed at least two months prior to the budget meeting - if they didn't have that information, then they have been wronged iris a sense, You wanted to know at least two months prior if they wanted consideration - you should have known what they wanted. Mayor Charrlsen: We did know. Mr. IrcKenarie: At the budget meeting? Mayor Chanlsen Yes. We went as far as our money could go. Mr. McKenzsie: Were they given consideration monetary wise? Administraator: They did know what the amount of money was they would receive in the ensuing year. Mr. McKenz,:Le: Monetary wise, what consideration was given to the fire fighters in the budget. set up? Administrattor: In every instance I can recall except one - increases in salary were based pretty much on a percentage across the board. We have so much money to run the city - this must be divided and if there was some for increases, this was done. Mr. MaKenzlhe: What percentage did fire fighters receive in the last budget? Administrath,r: They were given $10.00 monthly increase - last year it was not possible too do so. City Attorney: The true grievance was that they were not receiving the same pay as the ;policemen. They stated if the policemen's pay was cut back to theirs they would Ile satisfied, yet the policemen work sixty-six hours per week. Councilman Weide: Then they got greedy among themselves - they wanted to get rid of some of their own men so they could get more money. Councilman Rowell: At the time the Fire Department wanted to receive the same wage as the police Department, it was my feeling that it would be eery difficult thing to do because the Fire Department is the only department in the City that has outside jobsa - if we allowed this to happen, we would have two departments disgruntled. How much they make on both jobs is how they base their standard of living. We have offered plena whereby we could give them the same money where they would work different shifts, but :they refused as it would curtail their outside activities. • • • (July 27, 1965-continued) • • Mr. McKenzie:: Is there any possibility of working out something where some of them might bee taken back? Mayor Charisma: May I ask you a question? We advertised that we were taking applications for new firemen - we had twenty men take the testy thirteen men are eligible - is it fair to them that we hire the old ones back? Mr. McKenzie:: I think that under the circunestances you have got one main fact to consider oven and above the fact that they have quit - some of these people have worked for Cite City of Stillwater for a long time - realizing something that we all do - the cost of living has gone up; each individual as they go along grows older and must receive enough to maintain his standard of living, but also save. These individduals, when they maintain the same level - they are working at a loss because they ere not about to save if they are maintaining the same level. That is a factor trhat must be considered. At the same time the City must consider certain factmre too - taxable base, tillage, etc., but in the over all, consid- eration must be given to long time employees. Nothing should be held against the individual iff he is fair about it and reasonable, if he fights for ae. improvement - every employer is fighting every day for improvement. Councilman Noodde: You asked the queation, would we consider hiring them back. Each and every one of these gentlemen were advised to come in and make application - - they refused to do this. It would be awful to hire two or three men and then hire some of the cold men who didn't even make application for the job. Councilman Iva:rson: About this lack of communication so that there will be no misunderstand; ng - the Mayor set up a meeting at budget time - he said, let's have the men cover here and have them listen in on the budget meeting - normally it's just depaartment heads, but at this meeting all city employees were present. When we accepted their resignations - we relaxed all restrictions so they could reapply - thew did not apply. They went around downtown with a petition stating that they wanted to be hired back at the same pay as a policeman. Mayor Charlserz: I am in business for myself; i pointed out to them that their pension system will pay them $150.00 more than I will get on Social Security, I explained too ahem what they are losing. That made no difference. City Attorney:: The Chamber of Commerce is 100% in back of the Council; the Council didn't act hallf cocked on this; they checked quite a few factors before acting, and the Chamber off Commerce was behind them. Administrator:: The firemen in the City of Stillwater asked the Chamber of Commerce to get into Thais grievance and assist them; the Chamber reluctantly went into this matter and sand they would try to help them. Mr. Lay, the President of the Chamber of Commerce spaem hours - days - on this. He set up committees, etc. I was invited to one of therm committee meetings to state the City's position. I told them what happened and they said, please go back and ask the firemen to wait until July 15th of this year and we will come up with a proposal for the Council. I immediately came back and informed them that the Chamber was willing to try and help them solve their problems: if they would only wait until the 15th; the answer I got was, "it's another damn boLg stall." Mr. McKenzie: What is the schedule of hours for the policemen compared to the schedule of houtrs for the firemen? Councilman Nolnde: Policemen work ten hours per day and come back at night for stakeouts, etc.., Mr. McKenzie: The idea is to have comparative actual hours on duty for policemen and firemen so there is some actual comparison of 'on the job' time. Councilman Soloist Firemen work twenty-four hours on and twenty-four hours off - some weeks thew work more days than others. City Attorney: That is the way it is done in St. Paul and they consider it a forty hour weekr. Administrator: The firemen work eleven days a month, and the policemen work six days a week. S:E we tried to get the actual hours we could talk for days - there are too many fa:etors involved. • • • nn (July 27, 1965-continued) r • • Mr. McKenzie: I am ato understand that there in no possible way that these people can be re-employed because they refused to come in and take the examination? Administrator: In the event that the thirteen applicants that passed the written test do not pass the oral test, would the Council consider called for new applicants and at that time have the old firemen take the test? Mayor Charlsen: Yes,:, but this doesn't necessarily mean we would hire them back. Administrator: In the event that we don't get enough'. to fill the vacancies, the Council might then s:ay we would call for more applications and they would be eligible to make application?. The Council agreed!, Councilman Powell: Tye bent over backwards to waive all requirements before because many of the firemen .mould not meet Civil Service requirements, and we would do this again. (At this time Mr. McKenzie left the Council Chamber to have a private discussion with Mr. Norheims,) (Mr. W. B. Cormier entered the Council Chamber at this point - ) Administrator: Mr. *Cormier is one of the gentlemen that was contacted as a pros- pective fire chief f.:o-r the City of Stillwater - he has been here since 10:30 this morning. He has had! twenty-four years of experience in the St. Paul Fire Department and has had instruct::Lon in all types of fire -fighting, rescue work, etc. I told him that I have been assigned the responsibility of selecting someone for your approval, and I told his we womtld make a definite decision real soon. Mr. Cormier: You haere very adequate equipment here. Administrator: I in:eformed Mr. Cormier that there is one more applicant to interview and this should be ddone tomorrow, is that alright? Mayor Charlsen: Mr. Cormier, would you be willing to work in an integrated police and fire department?' Mr. Cormier: I talked to Mr. Brower about that - I wanted to withdraw my name because of this integrated smratem, but he explained the situation to me. Yes, absolutely. I think we could wor'rk out some kind of working conditions that would be workable for both fire and polices. Administrator: There was a little discussion on the number of men required - Mr. Cormier feels that five men including himself would probably not be enough, but I am sure this its something that we can work on together. He understands what our problem is,. what happened and how it happened. One thing I should bring up at this point, hem believes if he decides to take the job that he will be satisfied with $558.00 per month which was paid to the former Chief, but I also told him the job could be $650.000 as soon as the department is organized and well under way. He wonders if this passaibly could be stated now. (Council agreed that the job would eventually pay $650.00 per month) Administrator: We realize that he would start a complete training program, so it wouldn't be necesaaary to bring in another person. During this period of training he will have to spemd considerable time, and he wonders if the Council would entertain the thought of compeensating him for this training schedule - beyond the regular dap. Mr. Cormier: That'sa what I had in mind, yes. You can't take a group of men and work them all day. Councilman Powell: :How long do you feel it would take to get a little confidence in your men? • • e (July 27, 1965-continued) 28t palm Mr. Cormier: Aifter six months probationary period. Mayor Charlsena Would you also be able to train auxiliary firemen? Mr. Cormier: Yee. Administrator: Do you feel in your opinion - do you think a good fireman should be a busy fireman - that he should be doing something? Mr. Cormier: Wes. The period from 8 to 8 is a long time to be in one place if you won't keep /them busy. We are not so concerned with hours after 4:30, but for an eight howtr period with breaks they should be busy. Administrator: LE you decide and the Council should decide that you are the man we want as chie::f of the fire department, you would see to it that the men would have some work for an eight hour period? Mr. Cormier: Y..es. Councilman Powe.LL: We will work with you if you are our man. Administrator: Thank you very much for coming up. (Mr. MCKenziie and Mr. Norheim returned to the Council Chamber.) Mr. McKenzie: "while you gentlemen were engaged in here, I was talked with the representative of the firemen here - it seems that some of the things we are not in complete_ understanding on. Mr. Norheim: TTo begin with, I made the statement that this was to be an informal hearing - we are just trying to see where we stand. I haven't got the information I want from yous people yet. You have one position and they have another position - we have to reeoolve what actually did happen. As I see it now, on the time element involved I think some mistakes were made, not only by the fire fighters, hut also by you people. This question of the letter of termination which was sent to the fire fighters - it went out the same day? City Attorney: Pour hours after they walked off. Mt. Norheim: We will have to take the course of thinking that it was your action that their emplloyment was terminated. Councilman No1as: Row can you say that?:: Mr. Norheim: n can say it if I want to. Mr. McKenzie: tet's listen - i made the statement to him that you said they quit. Councilman Noldte: One of the firemen happened to be home sick that day - I told Mr. Braver that/ he was sick and asked if he would call him. Mr. Brower called him and told hif. the other men had quit and asked his thinking on it, and he said he quit too! Councilman Ivenson: I was also present at that tine. City Attorney: What is the purpose of your asking your questions now? What pur- pose are you h©ping to get at? Mr. Norheim: in am giving you some idea of what course of action we will have to enter into. City Attorney: I don't see why they should answer your questions now if there is going to be litigation in this matter. Mr. McKenzie: After I talked to you gentlemen, L talked to this gentleman; I stated your position was that you were not taking these people back as a group • • 288 • (July 27, 1965-comtinued) • • or anything like that at this tine. I said in the event that a certain number of people who hadd taken the examination did not pass, and there were still openings, there its a possibility that another exam would be given and you wouldr waive all the recquirements if they wanted to take it. He said he would like to hear these thiimgs from you people and would like to make a statement. How he puts questions I have no control over. City Attorney: Won discussed it with him - if there are things he wants to hear - ask the Council. Mr. McKenzie: I tried to explain this - relative to the fact finding panel, that the results were . not acceptable to one or both parties. Nothing actually came of that, isn't tilat true? Mayor Charlsen: I wouldn't say that. Administrator: :It is partially true. We did alter our policy which was set and established last: year that employees had to go to their department head and through him to tih.e administrator. When the fact finding panel brought in their findings the pol:.lcy was altered - we did talk to the spokesmen for the fire department, and any intention was to abide by the grievance panel if given time. Mr. McKenzie: WThat came out of that was not acceptable to the firefighters? Administrator: :I don't know. The question was asked of Mr. Garavalia, if we cut the policemeen: back to your salary, would you be satisfied, and he said yes. Councilman Nolde:: If I worked with a group of men over the years and they were so greedy that Utley recommended that two or three of their buddies be fired so they could divvide the watermelon amongst the ones that were left... Mr. Norheim: Wass this before the termination or after? Councilman Nolde:: Before. Councilman Powel11: We met with the spokesmen and told them, when monies were available we wound then give them an increase if and when it was possible, is that not correct/7 Administrator: Ass true as we are sitting here, yes. we pleaded with them - I spent two full daays with them from 8:30 in the morning to midnight. I pleaded with them to have patience - told them that they were giving up their pensions, their firemen's zrelief - everything. Everything has been tried - what is there left to do? I wrist swear to it that they made the statement they were 'quitting.' Mr. McKenzie: Tlmese men walked off and were absolutely terminated - have any of these men worked! on any fires since? Administrator: /there was a fire in an apartment building downtown - the fire chief of St. Joseph Township has been given instructions to take over as Chief temporarily, if another departtment is needed we call Bayport. At this fire in question the St. Joe man was here., I noticed at the time that Mr. Garavalia and Mr. Boller were standing by the :tire hall - the next thing I knew, Garavalia and Zoller and the Auxiliary Chief, Vrrn Andrews, were on the truck. My superiors asked me, why are these men working? I said I couldn't answer. Mr. Andrews then said he would take the hear - Ike said he asked the men to get on the truck with him. They did respond on the Vaolunteer Chief's order. This is one tine we can say they were at a fire, yes. Mr. McKenzie: NNot at the request of the City? Administrator: two. Councilman Noldem After the men quit we put a notice in the paper that we were going to take new appl:.lc ations. Three of the men went to the Mayor's offit, and he pleaded with them to make. application - they refused. Mr. Norheim: Thee statement was told to me that they didn't apply because the requirements were: set. • • a (July 27, 1965-continued) 286) • Councilman Nolde: They were waived for them. Mr. Norheim: Thear were aware of this? Administrator: Y•'es. Mr. Norheim: I 'appreciate the fact that you are letting us talk to you, I know you are working iin good faith, but I have to find out these things. Most of their actions arm probably because they didn't know how to negotiate. I am not convinced that Orley actually quit with the idea of never coming back. Mayor Charlsen: If you went in and told someone you were walking out how much of a chance would you have of getting back? Mr. Norheim: I would walk in and make the statement and it would be meaningless - he would say, area you resigning - if so, sign here. This is a resignation statement. Afters three days away from duty you are considered to have resigned. City Attorney: There is a pretty specific law which I am sure these men are more familiar with thank I am, but it would constitute abandonment of their job. Administrator: lion understand that all of the action taken in connection with this matter has Ybeen thoroughly gone over with our legal department. Mr. Norheim: woanld you go so far as to reopen the applications and let me go to them and lay odown the law? Mayor Charlsen: Not at this time, we can't. Mr. Norheim: Yova. can do anything you want to. I didn't say hire them back, I said reopen the :applications. Administrator: 'You mean reopen the applications with no guarantee that they would be hired back? Mr. Norheim: Thney would all be competing one against the other. You would decide who you would hire. City Attorney: 'The Council voted unanimously - no. If we do not get five out of the thirteen therm we would have to reopen the applications. The present situation is a pretty solijidl status quo - we will act with these thirteen men. Councilman Noldeec The notice for applicants was published for a week. The newspaper people were herew at a Council meeting - it was explained to them that the old firemen could come back end make application. Councilman Iverson: This was publicly aired with this room full of fellow taxpayers - the radio and tbte press. Mr. Norheim: ?mom your position what would you consider they are demanding? Mayor Charlsen: Either we get the same pay as the police or the police get the same pay as us! Councilman Powelll: They have come up to our administrator and pleaded to get their jobs back - the stated, with tears in their eyes, that they wanted their jobs back and would come black at the sane salary. On the same day they went downtown with a petition stating they wanted to come back with the same pay as the policemen! Mr. Norheim: These people have obviously taken the wrong ticket. City Attorney: They had the advice of an attorney. Mr. Norheim: :Mat am I going to do? i can tell them what they did wrong, but what good is that goilnq to do? Did someone advise them to walk off the job? City Attorney: They were advised to a certain extent, but I don't think to walk off the job. I think they became emotional and hotheaded. • (July 27, 1965-continued) • • Mayor Charlsen: I would have given my right arm to talk these guys into taking this examination - uthey have reached the age where they can't find other jobs. I asked them to conasider their families - everything - the only argument they had was give us the same pay as the policemen. Councilman Powell: Before the walk off, the Chief asked some of his men to come back on duty; they -refused to do this and no disciplinary action was taken at that time - they we::re forgiven for this. Administrator: Thee Chief asked Mt. Zoller to return for a given duty; he said he would not do this and he said be would get the same answer from the other men. I have a letter in :my file from the Chief - he pleaded with me not to suspend this man; he said he was. the best man on the force, etc., and can't we let it go this time. I was pretty! stupid at this time - I did have the authority to suspend the man for thirty days., and didn't. Mr. Norheim: We reecommend to all firemen that if given an order, they obey it - then they complain.. I can go to these people and point out the error of their ways. Administrator: By trying to cut somebody's salary - this is not progressing - this is not the right apgproach to any problem. Will you please ask these gentlemen if they made that estatement? Mr. Norheim: They are losing pay now, I understand. They are off the payroll? Administrator: Most of them had not taken their vacations - we paid them for that and for the two dans prior to the walkoff. We stretched it as far as we could go - I don't know know the public exvniners will go for this, but we did stretch every point possible. I want to repeat that there is no ill feeling in this whole matter - these men are still/ coming to me and I don't refuse to see them. Mr. Norheim: Moult- there be any possibility of fining them and giving them back their jobs? City Attorney: I thhirk that was explained; they walked out eight years ago also; this is the reason the Council took as severe action as they did. They went through this before with same of the same men. Administrator: On Tuesday night I was surrounded by firemen in my little office there. one of the firemen, Paul Doerr - this was after things were looking pretty good, I asked him, if the Council goes along with this deal to take twn men off the force and raisee your salary would this solve the problem? He said this is just part of the problem: - he turned to Mr. Zoller and asked him if he wanted to be the fire chief - then the said, how about Tibbetts? He has to go; he won't back us up if we get into a spot - he freezes up, etc. I said, how come he's been there four and a half years and now he's no good? Councilman Powell: r would like to add something about Mt. Tibbetts - they fought to hold his salarydown - he was even paid less than a man who had been there for a year. We finally./ got his salary up to where it should be. Mr. Tibbetts came to me when I was lan charge of the Fire Department - we didn't have a City Administrator at that time. He ;asked why he should be the subject of a personal vendetta. The Chief said they conlldn't bank on him at a fire. I said if he isn't worth it you had better fire hies - the Chief then raised his salary. Mayor Charlsen: TPhe longer we are here, the more we are going to remember. Mr. McKenzie: r tl:ltink I will have the complete facts when I get a copy of this transcript and othn.r documents. We found the answer that it's not possible for the Council to put: these men back to work unless the present applicants don't fit the requirements. From your story, these individuals were mislead - they sound like quite at group of men and are entitled to consideration, but it's not my prerogative, or, the Department's, that you have got to put these men back to work or anything eAse. Administrator: Thee public reaction to this thing is that the Council is serving the Community - thee/ are doing the job to the best of their ability. The community as a whole, starting with the Chamber of Commerce, feels that the Council is doing the right thing. 'The Council has taken time to meet with you and give you facts, and I think this, p:eroves something. • • • n (July 27, 1965-continued) • 2 9 I\ Van Mr. McKenzie: I came down here early today - I spent a lot of time visiting business places - according to your statements and mine, they differ a little bit. The answer I got from the majority of the people was that the firemen were juatifie.:& in some of their demands. Mayor Charlsean: The Police Chief questioned an individual downtown - I was in there last: Friday morning - he said how are you coming along with the Fire Department? Ile said I'm for you - that is the only thing you could do. The Police Chief 'talked to the same individual at 12:00 the same day and he told him to take a: couple of the men back: Administrator:i Whenever we have a problem in the City - if there is a little bit of publicity this place is full of people. What I am trying to say is, if public opinion was contrary to what we were doing, they would have been packed in here:. I have told these men that whenever they find a job, I will not only give them a good recommendation, I will go with them personally to help them get a jobb. Mr. Norheim: Other than what you have said, is there anything you could think of to offer as a possible solution? You are not the least bit inclined to reinstate their? City Attorney:: I dictated the letter - I stated that the Council terminated their jobs because they walked off the job - they quit: Mr. McKenzie: I am honestly sorry that something couldn't be worked out for the individual!.. Councilman Iverson: Everybody took them by the hand tad explained the error of their ways. Mr. McKenzie: Knowing that they had an attorney, I can't understand why they didn't go to their organization a long time ago. Councilman Nolcde: I actually think that they weren't going to listen to anybody. Mr. Norheim: their foes were giving them advise - they had no friends giving them advice. Councilman Powell: Frankly, their biggest problem they had was too much time to sit around and gripe. They didn't put in an eight hour day - they say they do, and in some ineatances they do, but they had too mach time on their hands. (Mr. McKenzioe and Mr. Norheim left the Council Chamber at 5:00 P. M.) Administrator: About the man who was here - Mr. Cormier. We do have another man to interview before we make a decision - I believe Councilman Powell suggested him. Councilmen Powell: That is Mr. Zilliox. This conversation only leads me to believe further that any one of these seven men on Mt. Iverson's list would make a good Chief. r was impressed with Mt. Cormier. The only think I think is it Might not hurt to interview two men. Councilman Iverson: What are we going to do about the Auxiliary Department - they put an ult:dmatum in the paper - do we just let it ride? Mayor Charlsen: The volunteers aren't regular firemen - they can quit any time they want to. I accepted their resignation as an individual, not on behalf of this Council. • 292 (July 27. 1965-continwed) ADJOURNMENT On motion of Counciilman Powell, seconded by Councilman Molde, the meeting adjourned at 5:24 M. M. Attest: .11 — Mayor e 2931 Council Meetiing Mayor's Office Special Meetiing Present: Couxncil.men Iverson, Nolde, Peterson, Powell and President Charleen. Absent: None,, July 30, 1965 12:30 P.M. Also Present: W. B. Cormier and L. R. Brower. Administrator:: It. Cormier came over at 9:30 this morning; he has decided that up to this potmt he is interested in coming to Stillwater; there are some condi- tions involvedMe He would like some type of agreement or something to assure him that he won't come into this position, and then through some incident have to leave. He would like an agreement or contract for a five year period. Mayor Charlsenm: I think it's beyond our authority to do it because of elections next year; we Can't go beyond our terms of office on a guarantee, can we? I don't think we can hold another Council to our agreement. Councilman Iveorson: I would think so - we enter into other things. Mayor Charlaen:: I am not against it, but can we bind a future Council? Mr. Cormier: FPossibly the City Attorney could draw something up that would be binding for a pearled of a minimum of five years. The Fire Department would then be on a workings basis. Councilman Powell: I suggest that you contact the City Attorney and get his opinion on thiss, It wouldn't do any good to go ahead without knowing we can do it. Mr. Cormier: TTle reason for this request is that the firemen are under State Civil Service - they are being hired by Civil Service. Mayor Cbarlsen: No - they just came in to give the tests - the City employees are not governead by Civil Service. Is he going to be an appointed official? Administrator: The Public Safety Director would not have the power to appoint - we can recommend9 to you, then the Fire Chief is knows as an appointed official under the Charter - he is subject to certain rules and regulations and orders from the Public Safety Director, who is responsible for coordinating both departments. Councilman Powellt: I move that he be hired on a five year contract if we can get the approval of the City Attorney that this is a legal step to take. Should the attorney feel that this is a legal acti n the Administrator can carry on from there. Councilman Ivers=:rn seconded the motion. Councilman Pewela: Normally, I wouldn't be for it, but in this case I am for it because this is :a new Department, etc. (all in favor) Councilman Nolde o I don't see why we couldn't do it, but you really have to have five years? Councilman Powellle I think it's fair. Mr. Cormier: Aft:er a two year period, you would have tests for captain and lieu- tenant. After fi-.re years you will have a good fire department. Administrator: Me results of the tests given to applicants are now in my hands. Who is going to maake the determination? Who is going to make the final selection? If the new Chief would come over and have a look at these men and talk to them, etc. this would help - would you be willing? • (July 30, 1965-continued) • Mr. Cormier: Yes. Councilman Iverson.i I move that the Chief. the City Administrator and the Public Safety Dire.:etor select the men for the department. Councilman Peterson: With the Council's final approval. Councilman Powell seconded the motion. (all in favor) Administrator: Mn- Cormier would like to start work August 2. This is another thing - do you thilink that Mr. Cormier should establish a temporary residence right away? Mayor Charlsen: 13 don't think so. Mr. Cormier: We swill have to have a training period of eight hours per day. In the meantime I an going to have to acquaint myself with the City, the buildings, etc. Administrator: I stressed the importance of this program succeeding - there can be no faltering. I asked Mr. Cormier if he would put his heart and soul into this program: and see that we have a first class fire department. Mr. Cormier: It gill be the best in the State in five years. I had a meeting with my superiors - they first suggested that they would give me a leave of absence for one rear then our Commissioner suggested this five year contract He said I should :sever all connections with the City of St, Paul. Councilman Iverson.: Would it be possible, if you are able to leave now and come over here, is thin going to be set up so this can be announced? Administrator: Sur. Cormier has requested that he not be officially announced as fire chief unt:L1 September 1st. Councilman Iverson: In the meantime, you could prepare a good write-up on your background so we can have something to announce officially to the City. Mayor Charlsen caatled the City Attorney at this time in inquire if the Council could enter into a five year contract. Mayor Charlsen: His first impression would be no, but he is going to check on it. Councilman Holden Mr. Cormier, when there is a fire and you are on duty, you will go to the fidre, won't you? Mr. Cormier: Try/ and keep me out of there: Administrator: lifter consideration and a lot of thought. it is my opinion that something Naas to be done about the Court situation - I would like to dump out of my o:ffice once and for all - the court. Under the law, the Judge appoints his owns clerk. what do you fellows think about it? Councilman Holden It sounds good to me. Councilman Ivers.mn: It sounds alright to me. What does the law say? Administrator: 'The judge shall appoint his clerk; the Council shall set the salary. Councilman Holden I move that we have the Administrator explain this problem to the Judge andl have the Judge follow the State law; he has the power to hire another clerk anal he should hire another clerk. • r, • !Th (July 30, 1965-continued) Councilman Peters-n seconded the motion. (ell in favor) ADJOURNMENT On motion of CounciEman Iverson, seconded by Councilman Nolde, the meeting adjourned at 2:30 P-, M. Mayor 295 Council Chamber Stillwater, Minnesoota Regular Meeting The meeting was ca-ailed to order by President Charlsen. Opening prayer by -the City Clerk. Present: Councilmen Iverson, Nolde, Peterson, Powell and President Charlsen. Absent: None. August 10, 1965 4:30 P.M. UNFINISHED BUSINES::S (out of order) This was the day a:md time set to open bids on Surfacing of West Hancock Street from South Sevenths Street to South Holcombe Street. The Clerk read thee notice for bids aloud; the Mayor inquired if the notice for bids was publiahedi, and the Clerk informed the Council that the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on July 20, 1965 ana July 27, 1965. The Clerk reportedl that only one bid had been received. On motion of Counc::Liman Nolde, seconded by Councilman Peterson, the Clerk opened thefollowing bid and read same aloud: 1. Tower AspbLalt, Inc. St. Paul, Minnesota Total Base* Bid: $1,859.60 Start WorIt: When notified Complete :'Fork: September 15, 1965 Mayor Charlsen: H.Iaw did this bid compare with your estimate? City Engineer: $400.00 over, Mr. Mayor. Councilman Nolde: I move we turn the bid over to the City Engineer to report back at our meeting Later tonight. Councilman Iversona sec nded the motion; all in favor. This was the day and time set to open bids on Installation of Sanitary Sewer and Watermain in S4auth Sixth Street. The Clerk read thee notice for bids aloud; the Mayor inquired if the notice for bids was pablishedl, and the Clerk informed the Council that the notice for bids was published in t'_he Stillwater Evening Gazette, official newspaper of the City, on July 20, 1965 and July 27, 1965. Tht Clerk reported! that three bids had been received. The following bids were then opened and resod aloud: 1. Moelter Construction Company Stillwater, Minnesota Watermaine $4,142.50 Sanitary :sewer $4,775.00 Total. Bid: $8,917.50 2. James D. :Wolff Company St. Paul, Minnesota Watermaina Sanitary :Sewer Total Bid; $4,593.85 $5,593.50 10,187.35 (August 10, 1965-continued) ' 3. Erwi.im Montgomery Construction St. :Paul, Minnesota Wate:ermain $3,905.50 Sanitary Sewer $4,856.00 Total Bid: $8,761.50 Councilman No:,Lde: I move we turn the bids over to the Engineering Department to report bacht at our meeting later this evening. Councilman pet,terson seconded the motion; all in favor. This was the clay and time set to open bids on installation of SanitarySewer in West Willarad Street and Lake Drive. The Clerk tea& the notice for bids aloud; the Mayor inquired if the notice for bids was ppbliBahed, and the Clerk informed the Council th-t the notice for bids was published in the Stillwater Evening Gazette, official newspaper of the City, on July 21. 19955 and July 28, 1965. The Clerk repeorted that four bids had been received. The following bids were then opened amid read aloud: 1. Moelt.:er Construction Company Stillt,Mater, Minnesota Total .Base Bid: $6,048.54 Start .Work: September 1, 1965 Compleete Work: October 1, 1965 2. Ander:con Excavating Baldwiin, Wisconsin Total Base Bid: $7,156.00 Start Work: October 1, 1965 Coa:pleete Work: November 20, 1965 3. Erwin Montgomery Construction St. pasol, Minnesota Total Base Bid: $6,164.44 Start Work: 15 days after notificati-n Compleete Work: October 1, 1965 4. James :D. Wolff Company St. papal, Minnesota Total Iaase Bid: $6,575.26 Start VTOrk: September 1, 1965 Complet,te Work: September 30, 1965 Councilman PoweLll: I move that these bids be turned over to the City Engineer for inspection send report at the second half of the meeting. Councilman Peteatson seconded the motion; all in favor. • 1 nf' (August 10, 1965-continued) This was the day and Mine set to open bide on a Sanitation Department Truck. ayor inquired if the notice The Clerk read thigh nod, and the ice for 1Clerk infords aloud: med Mthe Council that the notice for bids was pub for bids was publisheed. in the Stillwater Evening Gaeetts, o£ficiel newspape of the City, on July :18, 1965. The Clerk reported thnat three bids had been received. The following bids were then opened and read aloud: 1. Bloom Motor Company Stillwater, Minnesota Dodge C-100 Ch • nd l Cab Body and Mo.Lst $1 350.00 Totast Bid: Delivery: 2. Brockman Mentor Sales, Inc. Lake Elmo, Minnesota International R-185 Chassis anal Cab $1 283.00 Body and Egoist TotaiL Bid: Delivery: 3. Erickson Pest Company Stillwaterx. Minnesota Ford F-85C0 Chassis annd Cab Body and Moist Tot::LL Bid: Delivery: $4,799.00 $6,149.00 90 to 120 days $5,291.00 $6,574.00 On or Before September 30. 1965 $5,675.00 $1 500.00 $7,175.00 On or Before September 30, 1965 or as soon thereafter as possible. the Engineer for Councilman Powell moved that the bids be referred to Peterson to y seconded the report at the everting session of meeting; motion; all in favvor. APPLICATIONS From Ralph Wilberq, 1112 6th Avenue South, for On and Off Sale 3.2 Beer Licenses. (first reading - carry over to September meeting). On motion of Councilman Nolde, seconded by Councilman, a License too perate a a Pool Tables was grranted to Borge Thomsen, 317 South Main Street, of one year. On motion of Councilman Peterson, seconded by Councilman Nolde, a License to Operate Pool Tablles was granted to Ralph B. Otte, 517 North Wens Street, for a period of one weer. • • (August 10, 1965-continued) 299 On motion of Councilman Nolde, seconded by Councilman Peterson, a License to Operate a Bowling A1lley was granted to Donald F. Mnsiman 6 Glen L. Kerloske, 317 South Main Street, for a period of oneyear. COMMUNICATIONS From Ben Welshons, 5;44 North Second Street, requesting a reduction in his sewer rental charge due to. fact that previous occupants had large family and water consumption was grea•ster. On motion of Councilman Powell, seconded by Councilman Snide, sewer rate was reduced from $19s.00 to $9.00. From R. M. Deragischi, L610 5. Harriet Street, requesting a reduction in his sewer rental charge; Mr. Deragisch claims that water used for watering lawn and shrubs was "put !back into the ground and never went near the sewer"; therefore, rate shou:iLd be reduced. On motion of Councilman Powell, seconded by Councilman Peterson, the sewer rate was reduced from $10.60 to $8.00. From Mrs. Kenneth Pouting, 416 North Second Street, requesting that stop signs and warning siogns be posted in the Pioneer Park Area. Councilman Powell moved that the letter be referred to the Public Safety Director to act in the best iznterests of the City and the people. Councilman Peterson :seconded the motion; all in favor. UNFINISHED BUSINESS lout of order) Mr. William Banister:: Banister Engineering Co. The bids you read on, the South Sixth Street were examined - Erwin M-ntgomery was the low bidder :mud we recommend awarding the bid to him. Councilman Nolde: I: move we award the contract to Erwin Montgomery Construction for $8,761.50. Councilman Powell semeonded the motion; all in favor. On motion of Councilman Po -ell, seconded by Councilman Nolde, the meeting adjourned to 7:30 P. M. 7:30 P. M. - meeting reconvened UNFINISHED BUSINESS lout of order) Mr. Lyle Eckberg: I am here on behalf of Mr. Frank Aiple; he is asking that real estate owned by him Vol- a number of years be rezoned. Through some misunderstanding • • • • 300 (August 10, 1965-ocantinued) it was rezoned. We are here to ask you if you would rezone this to an industrial classification. He has some things that may be moving on that end of town very shortly. Councilman Noldee: I feel we need industry in the City of Stillwater; I would like to make thee motion that we rezone it back to where it was in 1963. Councilman Peterrson seconded the motion. Councilman PoweIll: Basically I am not against this, but a member of the Planning & Zoning Commis:mien called me tonight and asked if this would be brought up. It would seem to mes that hearing both sides would be a fair and honest way of resolving the matter. Councilman Noldes: Did anyone notify you in 1963 that your property was being rezoned? Mr. Aiple: No. Councilman Po'•e111: I was just thinking that it would not be fair if they did not come down to then Council and hear this. Councilman Noldeer The rezoning wouldn't have any bearing on it at all: Mr. Aiple would have to coons in for building permits if he were going to do any building. Mayor Charlsen: The Pl-nning & Zoning Commission says they would issue variance permits for any !selective industry that might cone in here. Mr. Eckberg: As the Mayor stated, tl is has to be approved by the Council before any building can be done, anyway. Mr. John Condon, member of the Planning & Zoning Commission entered the Council Chamber at this ttime. Mayor Charlsen: Councilman Nolde, did you make the motion that it be rezoned back to where it was, or heavy industrial? Mr. Condon: Naves you read the recommendation of the Zoning Commission? Mayor Charlsen: fee. Mr. Condon: We talked about this, and particularly about the fact that houses have been built i:.n the area since it was zoned residential; they have certain rights and we fel-.t that should be taken into account. We too are in favor or industry, but wou:Ld like to have a control over what goes there, so we suggested that as this is ddeveloned it should come before the City Council. Councilman Nolde: Before building permits would be issued, it would still be up to the City Connell, and we would still have come control over it.'( Councilman Molder How many homes were built before 1963? Mr. Condon: If itt inc only one, he ,ruld have rights. Councilman Nolde: Mr. Aiple has some rights too. Mayor Charlsen: Pleople have been interested in the land primarily for commercial purposes - he has to tell them it's zoned residential - they lose interest. They are not able to bulk' on an investment basis. Mr. Condon: The ssoutb end of the property is more suited - I can't talk for the Commission, bunt we would reconsider it if we had some more information bout it. Mayor Charlsen: you don't have any definite plans at this time, do you? Mr. Aiple: I haven't been able to get any committments the way the Irooerty is. n (August 10, 1965-continued) • • k Mayor Charlsen:: The motion has been made and seconded that it revert back to what it was pr:ior to effective date of the Planning & Zoning Ordinance in 1963. You have now sttated your point of view as far as the Commission is concerned, unless someone wants to withdraw, 1 think we should vote on the motion. Councilman PoweelL; I said that because I thought it only right that someone from the plannitmg & Zoning Commission should be here, I basically feel the same as the rest of the Council. All councilmen voted in favor of the motion. Mayor Charlsen:: I think the Council majority of thee people in Stillwater Administrator: This will require an and Must have t=vo readings. is doing it because of the fact that the are benefited rather than just a few. amendment to the present zoning ordinance COF44UN/CATIONS (continued) From C. S. Gardiner, 401 W. Wilkin Street, requesting reimbursement for damages to his property as a result of children playing baseball at Staples Field. The letter was referred to the Erog Agency and the Cif}, Attorney. From John H. Sheelton, Commander, American Legion Post No. 48, requesting annual appropriation foot American Legion Junior Baseball Program. Mayor charlsen: Does the Recreation Committee have funds available? Councilman Nolde,; I am sure we do, but it has to be approved by the Council. On motion of Councilman Peterson, seconded by Councilman Nolde, the Clerk was directed to prepaare the necessary contract covering this appropriation to the American Legion Elaseball Program. ($200.00) From Richard C. Flarr, c/o White Pine Inn, Bayport, regarding apartment house site. Councilman Powell) moved that the letter be referred to the Planning & Zoning Commission; Councilman Iverscon seconded the motion; all in favor. From James E. Weaaver, 414 Pine Tree Trail, requesting street light on Pine Tree Trail. Councilman Nolde: I move we turn this over to the Administrator to investigate the feasibility o:'f placing a street light in that location. Councilman Petersoon seconded the motion; all in favor. From the State of Minnesota, Department of Health, regarding plans for sewer extensi©ns on South Sixth Street in the City. The Council direcaed the From the First National On motion of Counc:ilman stituted collateral) was and specifications Clerk to file the letter in the appropriate file. Bank of Minneapolis regarding substituted Collateral. Powell, seconded by Councilman Nolde, the following sub - accepted: -3011 • • 1302 • (August 10, 1965-ceantinued) • a U.S.A. Treasaury Bills due January 27, 1966 - $100,000. to replace U.S.A Treasury Bills due July 29, 1965 $100,000. From C. E. Odell., 4529 Nokomis Avenue, Minneapolis, regarding claim against City. Mr. Odell claims his car was damaged as a result of driving over r_ hole on the corneer of Linden Street and Third Avenue. The Clerk was dirrected to refer the letter to the grog Agency and the City Attorney. From the State o:1 Minnesota, Department of Health, stating that John H. Shelton had fulf:i Lled requirements of the examining committee for Sewage Works Operate, GYrade B. From the State o,F Minnesota, Department of Health, stating that Lowell LeRoy Radke, had fulfilled requirements of the examining committee for Sewage Works Operator, Grade ID. CITY ADMINISTRAT.'DR'S REPORT None PETITIONS From approximateeLy 521 Stillwater area residents in regard to former firemen, as follows: "Subject: Stillwater firemen receiving termination papers on July 3, 1965; We the undeersigned, want those firemen re -instated and paid on equal basis with the police department. We feel both departments are of equal importance to our City." Councilman Nolder moved that the petition be filed; Councilman Peterson seconded the motion; all in favor. Administrator: The petition will be turned over to the City Attorney. DELEGATIONS OR INDIVIDUALS Mr. Robert MCGarery appeared in regard to request for a stop sign on County Road R5. Mr. McGarry: There is no need to go into it any further - we went through it last year: theree is quite a hazardous condition out there and there has got to be some kind of st p signal put up. The County is going to rebuild that road and cut down that hump, but in the meantime we do feel that it's a situation that dictates sone action before school starts this year. We are appreciative of what you did last year for us even though it was contrary to law (City erected a stop sign on County road.) We would like to see the City Engineer and the County Engineer get toc)ether and come up with a solution. e • (August 10, 1965-continued) 303 a • es" Councilman Nolde: I would move that we turn it over to the City Engineer to work with the County IEngineer and try to solve this problem. One of the County officials told me they took the sign do n as we had no business putting it up. Councilman Peterson seconded Councilman Nolde's motion; all in favor. Mr. George Hutz 705 S. Holcombe Street God have mercy on yore souls! I came down here about Hazel Street a few months ago - I wanted that extended and fixed to the river. Mayor Charlsen: None of the abutting property owners want that street continued. Mr. Kutz: I get these empty promises like the firemen get all their lives - you're paying the new firemen the same as the old ones Mayor Charlsen: Why -do you make statements when you don't know what you are talking about?! Mr. Kutz: I was tol..d not to open my mouth and not to come down here tonight; I am tired of these shenanigans! You don't go by this City Charter - you go by the Montgomery Wards catalog and the Telephone Book! (Mr. Kutz held up a copy of the City Citharter) Mayor Charlsen: City' Attorney - put that on a piece of paper and have him sign it! And, where did :you get one of the few copies of the City Charter? Mr. Kutz: Another t'=hing - I asked Les. the City dictator, if you could take money designated for the sewer and use it for other things - he said no. At the last Council meeting you bought a truck with that money! Mayor Charlser: We bought that truck to be used by the City Street Department to clean the sewers in the City of Stillwater. Mr. Kutz: You all 'nave such heroics - the dictator Mayor Charlsen: Youu quit that! You address him as the Administrator or stop talking. Mr. Kutz: The only job he is entitled to legally is City Clerk! What about all this money from the flood? Where is that money going? Where did it go? I know a lot of people who got paid altogether - it's a question of about $340,000, right? This team that you event and collaborated with was supposed to estimate damage to Stillwater - you bomcrowed money on the assumption to pay out certain obligations - the whole thing I ars arguing about is the legal bills that aren't going to be paid. Mayor Charlsen: Yonu could always ask questions first! We have appointed a three man panel who have .screened the bills - they have rule' some payable and some not payable - when and if we get the money from the government, the bills will be paid! Mr. Kutz: Tonight you had a Planning Commission man here - I don't know why you have a Planning Commmission; every time I come down here you over ride them. Mayor Charlsen: Ttrat is your opinion and you are entitled to it! Mr. Kutz: Why do yyou have a Planning Commission? You don't give anybody on the bottom of the deck a chance, but if you're big enough, you get consideration. I will tell you somettbin- else - in McKusick Lake - you dumped a bunch of sand - now you're pumping it cut again and don't tell me I don't know what I am talking about! Mr. James Simpson 1208 S. Everett Straeet About two years agcn, we residents petitioned for a new street - it was requested • • 304 (August 10, 196'4-continued) s that all utilitties and services be put in at the time. The street wasn't in three months axnd it was dug up: I complained about it. We were advised that you would try to avert this in the future. Last week it was dug up again. My who/le cause is lost on our street because of utilities. The public is faced with rite problem that when a new street is put in it might be dug up - there is no reason why water, sewer and gas should not be stubbed in to every lot. I would :like some action tonight to prevent further recurrences - this can be done ley:ally. Mayor Charlsen:i I believe that our Planning & Zoning Ordinance calls for stubbi:.-.; in of all necessary connections for any particular lot on any of these new stresets. Administrator: By a vote of the people, N.S.P. was given a franchise which gives them permission to operate their utilities in the City of Stillwater with normal preecautions - we can't stop them from doing it. The Engineer can give them ildeas, etc., but so far as actually stopping them, I don't think the Council has the authority because of the franchise the people voted on. Mr. Simpson: la don't know if it gives them the right to dig in the street at any time. Willi you give us the satisfaction of telling them they c-nnot dig in that street because they had their option and didn't take it? Councilman Powell: Aren't there extenuating circumstances here? Because the property owner warts it? The property owner said he would never need it - and now he says go ahead and do it - what is N.S.P. going to do? Mr. Simpson: II want to prevent any more digging in that street - you have to draw the line. I have a $500.00 street assessment that I am paying for. Councilman Noldbe: We will turn this over to the City Engineer and City Attorney to investigie theta problem and see if there isn't some way to cut down on this problem of diggling up the streets. Mayor Charlsen: We won't guarantee that there won't be any digging on that street. Councilman Pete:,rson seconded Coucilman Nolde's motion. Mr. Simpson: L.et them come up with another solution - in the next instance where they are .going to dig up a street there are other ways of doing it. UNFINISHED BUSIISESS This was the deer and time set for hearing on the following proposed improvements Installatiaon of approximately 725 lineal feet of 8 inch sanitary sewer plus ,appurtenances, and approximately 675 lineal feet of 6 inch watermaln and appurtenances on South Sixth Street. The Clerk read tthe 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 publlished in the Stillwater Evening Gazette, official newspaper of the City, on JuIly 28, 1965 and August 4, 1965, and a copy was mailed to all known property downers affected. The Mayor then opened the hearing. No one appeared for or against the proposed improvement. Affter all interested persons had been given an cpportunity to be heard, the Mayon then closed the hearing. This was the day,/ and time set for hearing on the following proposed improvement: Installatioon of Sanitary Sewer in West Willard Street and Lake Drive, consisting of approximately 814 lineal feet of 8" V.C.P. Together with appurtenances. • (August 10, 1965-continued) The Clerk read the notice for hearing aloud; the Mayor inquired if the notice '.' for hearing wase published, and the Clerk informed the Council tnat the notice for hearing wass published in the Stillwater Evening Gazette, official newspaper of the City, ono July 21. 1965 and July 28, 1965, and a copy was mailed to all known property ownerss affected. The Mayor then ,opened the hearing. Mr. Howard Albertson 510 West Olive :Street I asked the Cityy Engineer where this extension was to go on Lake Street. I am representing Mr-, Tangeman - if I am not mistaken there will be an assessment as to his lot, ils-that correct? City Engineer: 'Yes. Mr. Albertson: lir. Tangeman could not be here - he asked me to find out if he will be benefited by -this assessment and if it should be assessed against him. City Engineer: Hlis lot is a corner lot; under the policy that the City has used for assessing propperty on corner lots, his twenty-five feet represents his other side. For the sid,c and a half years I have been here that is the basis it has been set up on. Mr. Albertson: Hens he been properly assessed for the short side of the lot? Is this the improvvement hearing or the assessment hearing? City Engineer: TPhe improvement hearing. Mr. Albertson: Uantil the assessment hearing, Mr. Tangeman would like the record to show that he oBbjects to this improvement. But as this is the improvement heari- ing, it is probablly premature to object to the assessment. After all interestRed parties had been given an opportunity to be heard, the Mayor then closed the hearing. Mayor Charlsen: I' would like to recommend the reappointment of Mr. Arno Schwantes to the Board of Waiter Commissioners. Councilman Nolde mowed for the above; Councilman Powell seconded the motion; all in favor. On motion of Councilman Nolde, seconded by Councilman Powell, the Clerk was directed to advertise for bide on City Insurance; bids to be returnable on September 7, 1965. On motion of Councilman Nolde, seconded by Councilman Peterson, the Clerk was directed to advertise for bids on fire hose; bids to be returnable on September 7, 1965. Mayor Charlsen: Thee land that was being considered for purchase by Charlsen Trucking (for dump purposes)„ they don't know when they will be able to get use of it. The City owns fourteen ascres in Grant Township but we have been told we will be taken to court if we stare using it. The present dump is filled up to the fences so we have to make some deecisinn one way or the other. Immediately after we purchased the land in Grant Tom reship they put three dump ordinances into effect. Mr. Kenneth Johnson Echo Lane Why are they allowing two private rubbish haulers to dump out there in violation of their own ordinance? • 306 (August 10, 1965-con-Itinued) Mayor Charlsen: They are on a temporary basis. Mr. Johnson: The eeguipment we have at our dump - why isn't it kept in running condition. Why is rubbish allowed to pile up? Why can't the cat be used? Mayor Charlsen: Tim repair it would cost more than to buy another one. Councilman Powell: We had anticipated having this new dump across the street so we felt why put this money into fixing the cat when we are going to be out of the dump busineses. Had we known that we weren't going to have the new dump we would have gotteen the cat fixed. Councilman Nolde: I would like to make the motion that we discuss the possibility of a City dump within officials of Stillwater Township - they seem to be a little more cooperative than Grant Township. Maybe we can pick up some property north of Stillwater. Mr. George Mohlers 709 West Myrtle That property north: of the dump - can that be bought? Mayor Charlsen: We tried to buy it; we tried to buy land north and west, we have been turned Bowan twice. Councilman Nolde: Aae have tried everything. Mr. Johnson: I woulld like to see the Council push this fourteen acres in Grant Township - in the meantime maybe we can keep this dump going that we have. Councilman Nolde: liVe have to have cooperation of the Council in the township. Mayor Charlsen: Citty Attorney, we have fourteen acres in Grant Township; they passed various ordirnences stopping the land use for dump purposes. What are we talking about as Ear as court costs? City Attorney: It wouldn't cost the City very much to go into court, but don't you think that you an win because the ordinance was passed before you made use of that land. I thiink their ordinance w-uld be sufficient to prevent our putting in a dump. Councilman Powell: 1 am sure Stillwater Township isn't any more favorable about having a dump than GGrant Township, Councilman Nolde: I1 would be happy to try and negotiate with Stillwater Township. Councilman Peterson: In the meantime, let's clean up as much as possible and put restrictions back on' the dump. NEW BUSINESS The following repnrt was submitted by the City Engineer: 1. The graded access: into the water tank from C.S.A.H. No. 5 (Olive Street) will have to be Nkept open and maintained during the construction on the west end of Pine Street to allow the bus and automobile traffic ingress and egress to the Lily Lake School. 2. It is the intent of this office to start the repairs of North Second Street about Septieeber 1. I have contacted Ray zoller to cut the trees and pile them in the existing washout. After cross -sectioning the area it is felt by thiis department that a retaining type wall will not be necessary; we willt increase the slone of the embankment and seed it down with rye grass. 3. The rematting pro, ect is going to run over the estimate by some tons. This is primarily• due to the fact that the street department was unable to take the time .tnd do the type of job that was seheduledto be done. Also the rains th.als year caused more damage than was originally figured (August 10, 1965-continued) on the streets. It is too soon to give an accurate estimate at this time. 4. would like to regueaet that the following employees be made permanent by the City. The bulk of their wazges will be charged to cleaning and repairing of the sanitary sewer system within' the City. These employees should be added to the payroll effective September. 1, 1965. They are at present employed as temporary help. Mr. Clarence B:arandt Mr. Martin Leman Mr. C. Michael. Wilson $2.10 per hour $2.10 per hour $2.10 per hour Would like to requetse that Mr. Richard Raboin be given a raise to the classifi- cation of Driver-LaThorer with an increast to $2.15 per hour effective 8-15-65. He is at present ea:erhing $2.10 per hour as a laborer. Councilman Powell: I move we follow the suggestions of the City Engineer. Councilman Peterson' seconded the motion; all in favor. On motion of Counci:.lnan Peterson, seconded by Councilman Iverson, the Building Inspector's Report *covering activities during the month of July, 1965, was approved. On moti-n of Counci:lnan Peterson, seconded by Councilman Iverson, Satisfaction of Judgment in the amoornt of $15.00, was accepted. (Harry Thompson) On motion of Councilman Powell, seconded by Councilman Peterson, the following Insurance Certificatte was approved: David Olsen 6 Herman E. Webb, d/b/a Carlson Taxi Company Bodily Injury Itiability - automobile - $50.903 each person; $100,000 each :accident. Property Damage Liability - automobile $5,000 each aceiidant. The Travelers Insurance Company. Period from Juane 18, 1965 to June 18, 1966. The Administrator reeported that the election in Oak Park Township to determine whether or not the :residents want to be annexed to Stillwater will be held on September 14, 1965. Councilman Nolde: :In the event of their citizens voting to come into Stillwater, do we have to accept that? City Attorney: The, Governor has not reappointed the Municipal Commission; I don't think we have, to accept them without a hearing on it. On motion of Counei.l.man Powell, seconded by Councilman Peterson, the following insurance policy wa:a approved: Policy No. 3 6'4 53 18 - Reliance Insurance Company, covering Lily Lake Bathhouse, firee, Lightning and extended coverage in the amount of $8,000. 3 0 7!! The Council discusseed the matter of entering into a contract with Northwestern Bell Telephone Compaany for an emergency reporting service (Fire Department volunteers). Administrator: I woould like to reo-mnend that it be tabled for the time being. • - (August 10, 1965-cosntinued) • ( 308 Councilman Petersaon moved for the above; Councilman No1ee seconded the motion; all in favor. A petition for CConciliation was presented on behalf of Kcal 1541. International Associatinn of Fltre Fighters. On motion of Councilman Peterson, seconded by Councilman Iverson, the matter was referred to -the City Attorney. On motion of Councilman Peterson, seconded by Councilman Powell, the matter of the Firemen's Relief Fund was carried over to the next meeting of the Council, to be held on Aueag-ust 17, 1965. On motion of Councilman Peterson, seconded by Councilman Powell, discussion of Rules and Regulattions for Public Safety Department of the City was carried over to the next meet_.ing of the Council. Mayor Charlsen: What is being done on the Dittmar property? (Claim against City for damages caused by rain storm) City Engineer: Me have spent approximately six days trying to locate the culvert. I am going to hime a backhoe and dig up the street. It is proposed to rebuild Seeley next year - at that time it will be run underground, but in the meantime we haven't found it, but we evidently loosened the ground enough so it doesn't back up. Mayor Charlsen: The condition of the sewers downtown is because of the condition of the interceptcor sewer? Administrator: Sties. Councilman 'golden, Could you rent a truck for a month or two. Would it be agreeable to negotiate with/ someone and rent a truck until we get our new truck? Engineer: You mean a local truck? Councilman Walden Yes. Administrator: II think at this time I should report to you that our general fund is about $80,000 overdrawn. 1 don't know what the Council can do about this. Expenses were dueto emergencies and services that the citizens have requested. Row we are going to make up the deficit I will never know. You know we are restricted by lawn to levy 45 mills - we can't sell Certificates of Indebtedness - this is a very serious situation; it is the first time it has happened in twenty- two years. You are talking about dumps - acquiring tractors, buying land, etc. The dump, a short time ago,,, had hourly restrictions which were intended to preserve the dump for our citilsens. We found that many outside people were using the Stillwater dump - mostly aftfer the attendant left his post. Mr. Roepke walked6 into the office and inquired if he could employ two boys from the new employment service in town to paint the yellow portions of the curbs. We do have sufficient paint, but don't have the labor to apply the paint. This is important enough to spend a few dollars. • • (August 10, 1965-continued) 309 e At this time I believe.the City Attorney can give you a short report on meetings we have had with the Nokrthern Pacific Railway Company as it concerns property located near Mulberry Point. City Attorney: They had our lease and one with Muller Boat Works - according to their original lease w.rLth the boat works and with us, there is an overlap. If that is true. they hawe been using part of our land. The N. P. men are nut of town this week; they 'swill be back next week and will come over to discuss it. Administrator: Maybe they will consider the sale of same instead of leasing. Mayor Charlsen: That should be given consideration at that time; this idea of paying rent for somet}tdng we get no use out of doesn't make sense. ORDINANCES UNFINISHED BUSINESS (lout of order) City Engineer: Accor•dding to the proposal, Bloom Motor Company is the low bidder on the Sanitation Truaek, however, in the specs delivery should be based on sixty days which he does no,t meet. I informed Mr. Bloom of this fact and as long as you are having a meeting :next Tuesday, I request that you carry this over in order to give him a chance to •lo some checking. On West Willard Streest and Lake Drive, I recommend that the bid be awarded to Moelter Construction Company, the low bidder. On the Hancock Streets surfacing we had one bidder - I checked the estimate; I would like to recommend that the project not be done because the bid is over the estimate. Councilman Nolde: Any time you can cover an old grovel road it is an improvement to the City; do you suppose it might be a good idea to contact the people concerned and ask them if they would go along on the basis that it might cost more than anticipated? Councilman Powell Hawed for the above; Councilman Peterson seconded the motion; all in favor. Nr. Fazendin appeared before the Council and asked if they had acted on his request for a non -conforming) permit. The Council informallLy approved the request and directed the Clerk to carry the matter over to the Magnet 17th meeting. RESOLUTIONS The following resolutions were, on roll call, unanimously adopted: 1. Ordering Improvement and Accepting Bid (South Sixth Street Sewer) 2. Ordering Improvement and Accepting Bid (West Willard & Lake Drive Sewer) 3. Approving Employym:ent - Alberta Griesman 4. Approving Employryment - Virginia Berrisford • • (310 (August 10, 1965-coontinued) ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Iverson, the meeting adjourned at 10:3:4 P. M. Attest: Citay Clerk Mayor 310 A • • Council Chamber Stillwater, Minnesota August 17, 1965 7.30 P. M. Regular Adjourned Mleating The meeting was callled to order by President Charlsen. Present: Councilmen Iverson, Holde, Peterson, Powell, and President Charlsen. Absent: None. This was the day and time set for hearing on proposed improvements consisting of Surfacing of West P9ine Street from Seeley Street to C.S.A.H. #5, and Myrtle Street from Fifth Street to Owens Street. Also the day and time set to open bide on said improvementie. (West Olive Street area Storm Sewer included) The Administrator unformed the Council members that a legal step had been omitted in connection with the hearing. The firm of Dorsey, Owen, Marquart, Windhorst & West, had informed him that bide in connection with this project could be opened in spite of the facet that the notice of hearing had not been published in the local paper; howevesr, a contract could not be awarded prior to the hearing. All bidders were then assked if they had any objections to the opening of the bids under the circumstances; no objections were voiced by said bidders. On motion of Counci.ilman Iverson, seconded by Councilman Peterson, the Clerk was directed to open bilds submitted for the construction of a storm sewer, and appur- tenances, in the Waist Pine Street area. The following° bids were opened and read aloud: 1. Lametti &i Sons St. Paul,. Minnesota 2. Bianconi Construction Co. St. Paul,. Minnesota 3. Barbarosas & Sons, Inc. Osceo, Minnesota 4. Moelter Construction Co., Inc. Stillwater, Minnesota 5. Dunkley Surfacing Co., Inc. MinneapoIDis, Minnesota 6. James D. Wolff Co. St. Paul,,, Minnesota 7. Erwin Montgomery Construction St. Paul,,, Minnesota $86,748.00 $81,495.30 $82,777.50 $67,997.50 $67,938.00 $87,248.88 $71,527.50 The following bids were then opened and read aloud for Surfacing of west Pine Street ffirom Seeley Street to C.S.A.H. #5, and Myrtle Street from Fifth Street to Owens Street: 1. Palda & Sons, Inc. St. Paul« Minnesota 2. MCCree & Co. St. Paul,. Minnesota 3 Woodrich Construction Co. Hopkins, Minnesota $205,309.59 $204,813.25 $206,684.00 • • • (August 17, 1965-continued) 310 B • • On motion of Councillman Iverson, seconded by Councilman Peterson, the bids were referred to thTe City Engineer and City Attorney, with instructions to report on same at the meeting to be held on August 30, 1965. All property ownerrs present at this meeting were informed by mailed notice that a hearing wou:ild be held this date; however, the Clerk informed them that, due to the legal t.:echnicality mentioned previously, it would be necessary to publish a legal notice in the paper and re -schedule the hearing for August 30, 1965, at 7:30 P. ML Mayor Charlsen inf.:ormed the property owners present that the Council had agreed to assess all Stat.:ft-Aid projects in the future at the rate of $7.00 per foot. Several persons prcesent expressed their views in connection with the proposed projects mr. Prank Zeuli, 1:305 W. Oak Street, stated he was not in favor of the Pine Street surfacing. Mr. Nicholas Junke:,r. 433 Borup Street, stated he was in favor of the proposed project. Mr. Louis Christopherson, 102 S. Sixth Street, inquired if the corner lots would be ed _100 per cent. Mayor Charlsen informed him that, in cases of street construction in the past, the full footage d on corner lots, but in the case of water and sewer installation, only 25% of the long side of the lot wail d. Mr. Clifton Halsey:, an Anoka, Minnesota, resident owning property on Pine Street, inquired if the bi.A price included the necessary construction to hold the banks from washing out dnaring heavy rains. Mr. Banister, the City s consulting engineer, informedl him that the bid price did include a concrete retaining wall on the south side .of Pine Street, and a sidewalk on the north side of Pine Street; also the north side banks would be sodded. mt. Halsey then inquired what the cost of the concrete crib wall would'be, and Mr. Banister informed him that the retaining wall consisted of 3,950 square feet of concrete wbtich was bid at $10.00 per foot. He stated, too, that this figure was above tlhe normal bids for concrete work. Mtn Halsey asked i:.E the area could not be sloped at a three to one angle, making itihecessary to hence a concrete retaining wall. Mr. Banister answered by saying that a slope would be satisfactory on some portions of the street, but he would like to meet with Mr. Halsey to discuss it further. Mr. Jerry Grothe, a Myrtle Street property owner, inquired if the total contract price included the: necessary shorting on West Pine Street. Mr. Banister answered yes. Mr. Grothe then sasLd, in his opinion, the retaining wall should not be reflected into the cost of the Myrtle Street project. Also, that his property would not be benefited because he does not have access to Myrtle Street from his property. Mr. Robert Monahans inquired if, in the event West Pine Street would be re -constructed. would the balance .of the street be considered a State -Aid street? Mayor Charlsen informed him that it would not be a State -Aid street unless continued to C.S.As.H. #5. Mr. Harold Pauley , s.uggested that the sidewalk be deleted from this project and inquired if it was, absolutely necessary to construct a sidewalk along the north side of West Pine :Street. • • • • (August 17, 1965-continued) 10 C • • Mr. Banister stetted that the sidewalk is only a convenience to the children in the area and was not necessary to the construction of the entire project. Mr. Pauley complasined that it would almost be impossible to shovel this walk during the winters months. Mr. Herb Peterson inquired if the $7.00 per foot also included the water and sewer stub ins too the property line. The City Engineer stated it would be necessary to stub -in to all lots prior to the surfacing, of the street. Mr. Pauley said Ile already has been assessed for 150 feet of water and sewer on another street which serves his property in the area. Mr. Lawrence Leteourneau asked if a stub -in was necessary to his property; the Engineer informeed him that it was. The Engineer theca stated that S. Elliott of the Banister Engineering Company talked to offici:.als in North St. Paul and inquired of them what the sent was per front foset on their State -Aid streets. He was informed that North St. Paul end at $6.80 per foot. Mr. Monahan askeed if any precautions will be taken to slow down the traffic when Pine Street. is completed. Mayor Charlsen stated that if safety precautions were necessary. the Council would have to petition the State. Nt. Junker questioned if it was necessary to have a sidewalk on the North side of the imprcavement. The Engineer stated that, in his opinion, it was necessary to keep the children who will be attending Lily Lake School off the traveled surface of the street. Mrs. Harold Pauleey stated that she could not understand why a sidewalk was necessary in thins area because the children are playing in the streets along the West Pine Street area anyway. The Engineer started again that the sidewalk is necessary as the street will only be 28 fc .et wide and therefore a sidewalk is necessary for pedestrian travel. Mr. Christopherson inquired if the driveways and sidewalks would be replaced; the Engineer *mild they would be replaced. Mr. Pauley wondered if the City had an ordinance making it mandatory for property owners to shovel snow from their sidewalks; the Mayor stated the ordinance applies only to the co®mercial district of town. Mrs. Esther Grueemberg, residing on Myrtle Street, inquired when the work would commence. Mr. Banister stated that the Pine Street project has priority, and Myrtle Street would be constructed this year also, if possible. ►r. Don Martin, 718 W. Myrtle Street, said he was worried that when the project was completed, Berthern States Power Company would come in and chop it up for some reason., The Engineer saiid that the Northern States Power Company officials were directed to connect the se y facilities in the Pine Street area because this job has priority dusting 1965, and that they should be prepared to install the necessary facilities in Mletle Street this year also. The Mayor then iiquired as to how many persons were opposed to the West Pine Street improveneenti a show of hands indicated that six persons were opposed to the project and four were in favor. • • 310 D • (August 17, 196!5-continued) • • Mr. George Kutz then inquired if all future reconstruction of streets would be assessed at the rate of $7.00 per front foot. Mr. George wohlers asked about boulevards; the Engineer informed him there would be no boulevards along the west Myrtle Street project. mr. wohlers also inquired if tine Council would have to accept the lowest bid in view of the fact that it! was 25% higher than the Engineer's estimates: the Mayor stated that the binds could be rejected, but this would only delay the street program. Mr. Monahan suggestted that it might be a good idea to block off West Pine Street because of the expense involved to continue same through to C.S.A.H. #5. The Engineer stated that it might be possible to transfer the State -Aid Street money designated for Pine Street to another Street in the event the Council would decide to black off West Pine to vehicular traffic. Mr. Letourneau sae it would be impossible to sell his lots with big assessmee.ts against them. The mayor then ingwired how many persons in attendance were in favor of the Myrtle Street project. A show of hands indicated that two persons were in favor and three persons were opposed. The following persons were in favor of the Pine Street project: Don Junkaer Robert a nahan Nick Junater Clifton ;Halsey The following persoms were opposed: Lawrence, Letourneau Frank Ewalt Herbert :Peterson Martin Peterson Harold Fraley The following persosms were in favor of the Myrtle Street project: Donald Martin Louis Christopherson The following personas were opposed: George woahlers Jerry Grathe Harold Paisley The Mayor stated at this time that the hearing would be continued to August 30, 1965 at 7:30 P. M. UNFINISHED BUSINESS On motion of Council:man Peterson, seconded by Councilman Iverson, it was decided to purchase a dump truck from Brookman Motors in accordance with the bid submitted by said company at the previous meeting. On motion of Council:ran Iverson, seconded by Councilman Peterson, it was decided to hold over the swttter of truck rental for sewer cleaning to a later date. • 1 ' (August 17, 1965-continued) 310 E • The City Engineer stated that he did not have a report in connection with the Aiple request to nezone certain property along the river front from Residential to Commercial. Councilman Nolde mequested that he be furnished a copy of the minutes of the Planning & Zoning Commission meeting as it might affect the zoning of the Aiple property. On motion of Councilman Nolde, seconded by councilman Iverson, a non -conforming permit was granted; to John Fazendin to construct an apartment building on East St. Croix Avenue. A petition from Mr. John Fazendin for sewer and water service in Lots 4, 5 and 6 in Block 21 of Carla & Schulenberg's Addition was read at this time; on motion of Councilman Nola's. seconded by Councilman Peterson, the petition was accepted and referred to thne City Engineer for a feasibility report. On motion of Councilman Nolde, seconded by Councilman Peterson, a non -conforming permit was granted1 to Thomas Wright, 924 South Seventh Street, to construct a garage and breezeway. Councilman Nolde reported on the dung problems, stating that he and Councilman Iverson and Petersen spent a few hours looking for property suitable for a dumpsite. Also, tElat he and Councilman Iverson appeared before the Stillwater Township Board and the Board members felt that it would be possible to acquire 80 acres within their township for dump purposes. Councilman Powell estated that he had been asked to bring up the matter of changing the name of Coamerocial Avenue to Schadegg Lane, and that he would ask the persons concerned to appears at the Council meeting of August 30, 1965. The matter of the mules and regulations of the Fire Department were carried over to another meeting... On motion of Councillnan Iverson, seconded by councilman Peterson, the City Administrator was dyirected to inform the newly appointed firemen to elect officers in connecttion with the Firemen's Relief Association; this will enable retired persons ands widows to receive their checks as soon as possible from the Association. On motion of Counci-Loran Nolde, seconded by Councilman Iverson, it was decided to postpone execution .of a contract which would place special telephones in the • 310 F (August 17, 15665-continued) • homes of firemen" auxiliary firemen and auxiliary policemen to receive fire calls. Councilmen Peterson was opposed. The City Engineer -reported that he had contacted all property owners affected by the Hancock Street improvement, and that all persons were in favor of pro- ceeding except Mr:. Cartony. (see resolution) On motion of Councilman Peterson, seconded by Councilman Nolde, the City Engineer was instructed to investigate a request for some type of stop sign on C.S.A.H. in the Fairmeadowee area. Councilman Powell was opposed. On motion of Councollman Nolde, seconded by Councilman Iverson, it was decided to postpone the matter of granting an option to the Northern States Power Company on land owned by the City in Oak Park Township. On motion of Councitlman Nolde, seconded by Councilman Powell, the following collateral, pledgedd by the Farmers & Merchants State Bank of Stillwater to secure City depositae, was approved: $15,000 U. S. Treasury Notes, Series A/1966 - 4%; Dated 2-15-62 Due 8-15-66 with 2-15-66 & S.C.A Nos. 60130 @ $10,000.00; 16325 @ $5,000.00; $85,000 U. S. Treasury Notes, Series E/1965 - 4% - Dated 5-15-64 Due 11-15-65 with 11-15-65 cpn. attached 2105. 40297/304 @ $10,000.00 ea; 592 @ $5.000.00; $100,000 U'. S. Treasury Bonds/1970 Coupon Bond 4%; Dated 6-20-63; Due 8-15-70 with 2-15-66 cpn. & S.C.A No. 13213. RESOLUTIONS The following resoluctions were, on roll call, unanimously adopted: 1. Directing the Pa.:yment of Bills 2. Accepting Bid aped Authorizing Execution of Contract (Sanitation Department Truck - Brookman, Motors) 3. Accepting Bid fox; Construction of Local Improvement No. 48-1964 (Hancock Street grading and surfacing) 4. Authorizing Contnibution to American Legion Post 448 of Stillwater 5. Accepting Petitions and Ordering Preparation of Preliminary Report (Pazendin petition - sewer and water service on St. Croix Avenue) • (August 17,1965-continued) MOICHAMBE On motion of Councmilman Iverson, seconded by Councilman Peterson, the meeting adjourned to Augusmt 30, 1965: this meeting closed at 11,00 P. M. Attests Cityg Clerk Mayor • • .P" Council Chamber Stillwater Meeting August 20, 1965 4130 P. M. Special Meeting The meeting was callted to order by President Charlsen. Present: Councilmen Everson, Notde, Peterson, Powell and President Charlsen. Absent: None. Administrator: Thi:smeeting was called for the purpose of appointing new firemen; however, there is oLne other item on the agenda. Judge McDonough, Mr. Hadrath and Mr. Frank Aiple are here in regard to the rezoning of Mr. Aiple's property. Judge McDonough: Ian July or August of last year it was announced that N.S.P. was going to build the AALLen S. Ming Steam Generating Plant in oak Park Heights - a very highly organizeed group formed to oppose this and if possible block it. They held many public meeting - I don't know how I got involved in it, but the first thing I did after reeviewing the situation, I checked the zoning ordinances of the City of Stillwater. The property in question here was zoned residential in 1963; the rest has been zoned commercial. To counteract the proposal that we were not interested in scenic beauty of the St. Croix we stated that this was the only in- dustrial site on them St. Croix that would utilize the St. Croix - we went through a series of hearingsm. I don't blame Frank Aiple - he bought the land twenty years ago. He might not believe what I say, but I don't enjoy the roll I have here this afternoon. The present plant will Ice $63,000,000; they will apply for a permit for the second plant next year; if we do anything to manifest these people who opposed this; if this rezoning goes t`brnugh, we are in for a greater degree of oppositinn. Mr. Hadrath; On thee original St. Croix River Bill - we know the danger ofthis bill; however it hasa been amended to restrict power in an area we are interested in - if it goes back: the other way, then everybody is interested - the new plant, and Andersons are li:_kely to lose. 1 have had several calls in the last two weeks from Andersons wonde:sring what can be done about this bill. I hate to come in here and say that we shou:;ld do this thing - it is so easy to overstate something. we have accomplished an. awful lot in the past year, but even after the plant is built, the Secretary of thee Interior could say, take it out of here - you can't use it. They may not be ablee to get the permit through on the second half of the plant, if we show what seems Like lack of good faith. Administrators I ce:,rtainly think that this should be investigated before you take any steps by ordinances to do this; I am sure Mr. Aiple wouldn't want to do anything to prevent N.S.P. froom getting the second permit. Mr. Aiple: They are talking about a wild river from Taylors Falls North - not south to the mouth - as Ear as 1 know I have talked to no one that wouldn't be in favor of having Tayloors Falls north as a wild river. Far be it from me to want to do something to jeopaaradize N.S.P.; but this will have no bearing on it whatsoever. There is no chance off this bill going through without anyone going down there - the reason it wasn't defeated is because on one opposed it. I know that E can get N.S.P. company to givve you a telephone call and tell you not to worry about them as far as this propertly is concerned. Judge McDonough: They will not give you a telephone call. Mr. Aiple: I know wheat their thinking is - it's not on a narrow minded channel. I hope that these presssures that have been put on to try to eliminate the only piece of industrial property available in Stillwater - no one else knows that it was residential. It may be legal, but I think somebody should have had the courtesy to call me and tell are what was going on - to slip something through when I have been paying taxes on that property for twenty years is not fair. • (August 20. 1965-continvaed) • Mayor Charlsen: Nothing was slipped through Administrator: I am sauce the Council took it for granted that the Planning & Zoning Commission had set it up so that everybody would be happy - the ordinance was published. Mr. Hadrath: This hese been brought about by the drouth in the East - the President has stated that water is such an important phase of our future that they are going to lean over backwards& to preserve water. Mr. Aiple: Let's stagy near the facts - pollution on the Hudson river has no bearing on what we aree talking about here - I am not talking about water pollution - I'm talking about usirng the land for what it's set up for. Mayor Charlsen: The original Nelson-Mondale Bill goes all the way down the St. Croix to the Mississipxipi. Administrator: Wouldrm•t it be fair to have Mr. Eastwood check into this further before you make a decilsion? Judge McDonough: You have already gone on record to over -ride the Planning & Zoning Commission - tlriis is a melon. Wisconsin doesn't want this type of function on the St. Croix. Mr. Aiple: I wish your would make up your mind what side of the fence you want to fight on! Councilman Peterson: we are talking about a man's right - it was industrial - he had no reason to thinkx otherwise - you are talking about dollars and everything else, but a man's righnts are more important. Judge McDonough: He boas no right now to build anything. Mayor Charlsen: Before he builds anything, he has to have permits. Judge McDonough: Thisa isn't our decision to make - it's yours. This is your responsibility: we area just calling it to your attention. Mayor Charlsen: The AAdministrator made a suggestion Administrator: Ten daays won't make a difference Judge McDonough: Want to bet? What if Mondale hears about it and puts it right back? Mr. Eastwood: As Mr. Brower suggested, I would like permission to check into this a little further. Councilman Peterson: I would like to move that this matter be turned over to the City Attorney for further consideration. Councilman Iverson seconded the motion; all in favor. Administrator: As directed by the Mayor and City Council, we have taken the necessary steps that yyou have asked us to take and have given Civil Service examinations, written and oral, to applicants for firemen. They have had physical examinations.. I checked with the City Attorney today and the Council can, if they wish, appcoint these men as firemen and give them the Oath of Office. Mt. Eastwood, The attorney for the ex -firemen has filed another motion to argue the case on the 23rd oof August. He wanted me to stipulate that we would not hire new firemen until after the argument, but I said no, and the Judge did not order it. I just wanted you. to know that before you took this action. Judge Johnson rescindetd the order that the City could not hire new firemen and that the old firemen c^_ould go back to ••ork. • • (August 20, 1965-continued) e Administrator: In yoaar opinion then, the Mayor and Council are free at this time to hire the new firemen on a probationary period of six months? City Attorney: Yes. On motion of Councilman Powell, seconded by Councilman Nolde, the following persons were hired ass firemen for a six month probationary period. Paul George Williams Donald Edward Staberg Arthur Simmn Andrews David Charlles Colombo Gordon Carll Seim 320 South Third St., Stillwater, Minnesota 518 North Third St., Stillwater, Minnesota 1422 North William, Stillwater, Minnesota 703 South First St., Stillwater, Minnesota 1225 Fourth Ave. So. Stillwater, Minnesota Mayor Charlsen: Remeember, gentlemen, you are representatives of the City of Stillwater - I am sumo, you realize the importance of your job and will represent your job to the best of your ability. Councilman Powell: 12 move that the City Administrator be instructed to administer the Oath of Office too the five new firemen and the new policeman. Councilman Nolde ascended the motion; all in favor. The Administrator reouuested that the following men stand, and the Oath of Office was administered to mhem. Paul Georges Williams Donald Edward Staberg Arthur Slalom Andrews David Charlles Colombo Gordon Car_1 Seim Administrator: In regard to the contract that Mr. Cormier has requested. City Attorney: I have gone over it and have dictated most of it to my, secretary. Administrator: I presume Mr. Cormier would like some reassurance that he will be hired. Councilman Powell: :t would like to say for myself only that I am very pleased with the selection ems have made, and if I am in public office after the next election, you are safe as you can be. If we can enter into a contract, I am for it. Councilman Nolde: I:t's alright as far as I am concerned. Councilman Iverson: I am 100% behind you. Councilman Peterson: So am I. Mayor Charisen: So am 1. Mr. Cormier: It is my intent to stop at Headquarters in St. Paul and talk to the Chief and ask for another week off - in other words it means that I would like to work here as your Chnief. Administrator: Haves you had an opportunity to look over the rules and regulations of the Public Safety./ Department? Have you looked over the salary schedule? If it is agreeable, we should pass a resolution on the salary schedule, effective August 1., 1965. The Council voted as: follows on the salary schedule for the police and fire departments: (August 20, 1965-continued) Iverson: Yes Nolde : Tess Peterson Y. Powell : Yes Mayor : Yes ADJOURNMENT On motion of Councilman Iverson, seconded by Councilman Powell, the meeting adjourned at 6:01 P. MR. Mayor Attest: City C:'Lerk 315`; Council Chamber Stillwater. Minnesota Regular Adjourned Meetting The meeting was called to order by President Charlsen. Present: Councilmen Iverson. Nolde. Peterson, Powell and President Charlsen. Absent: City Adminisstrator Brower. August 30, 1965 7:30 P. M. This was the day and time set for continuation of the hearing on proposed street improvements - Myrtles Street from Fifth Street to Owens Street, Pine Street from Seeley Street to County rad #5r plus appurtenances. Mayor Charlsen reopened the hearing (continued from August 17, 1965) Mayor Charlsen: Merit) are people here who were not here at the last meeting - information we have received and costs are such that we feel we will have to have an sment of $7.CL0 per foot against property owners abutting on Pine Street and Myrtle Street. Mr. Donald Martin 718 West Myrtle Street $7.00 per foot - is tent a guaranteed price for us? Mayor Charlsen: Yeses Mr. Martin: The resit is coming from the State? Mayor Charlsen: Fromm the bond issue to be payable out of State -Aid funds alloted to us each year. Mr. Krinke 424 Seeley Street Bow about Pine Streett - is that $7.00 per foot? Mayor Charlsen: Yes-, are you in favor of it? Mr. I(rinke: Yes. Mr. George Mohlers 709 West Myrtle Streeet The sidewalk is what: is bothering me - a seven foot sidewalk on each side is quite a sidewalk. Mr. Duane Elliott Banister Engineerings Company The right-of-way wideth and street width provides for 7 and a half feet beyond the property line - if woe went to a five foot sidewalk there would be a one and a half foot boulevard strips in there - additional cost for that area is not considered a good investment. Mr. Wohlers: I can see your point, but a seven foot sidewalk nowadays doesn't make good sense. Mr. Frank 2euli Route 4, Stillwater I have property on P9ine Street - I can't see why we need a sidcvalk up there to e (August 30, 1965-cont:Lnued) j 316 • bottleneck the street•t - why do we have to have a sidewalk for the kids when they don't have one below' the hill? Make the street as wide as it's supposed to be. Councilman Nolde: W,'ould you be in favor of the street program without the side- walk at $7.00 per foopt? Mr. Zeuli: I will voote on that later. City Engineer: The :street will be narrower for one block - the traffic lanes themselves will be tithe same. The only thing we are taking off is the parking lanes. Mr. Zeuli: When the, snow drifts - we won't be able to get through. The street is going to be as wi..d'e as Pine Street below the hill. City Engineer: Not For that one block. Mr. Zeuli: Then why' do we need a sidewalk up there then? Mayor Charlsen: To Iteep the kids off the street. Mr. Larry LeTourneau, 199 West Oak Street I am for the sidewallt as far as that goes, but how about shoveling it all winter? I don't own any buildings up there; I will look funny shoveling show when i don't have any buildings up. there, but they tell me I have to keep the sidewalks clean. Councilman Nolde: TNAat's what happens when you are a big land owner. Mayor Charlsen: You are going to hay. 350 to 450 school children walking up that way. Mr. LeTourneau: Most: of them use the street anyway. Mayor Charlsen: That is not good. As far as the cost is concerned, it will be the same - $7.00 per loot. Robert Walsh 618 West Myrtle Street If this goes through,., how can we pay for it - over a two year period or something? Mayor Charlsen: You will have not less than a period of ten years; possibly sixteen years. Mr. Don Junker 1717 West Pine Street: I wonder if a lot of people understand this cribbing wall; I was wondering if there is some other glace in the State where a person could see what it looks like. Mr. Elliott: There tie some work being done near the capitol building. It's more ec-nomical than a concrete retaining wall - it can shift with frost and not be detrimental to the wall. Mr. Jerry Groth 516 West Myrtle Street Was tr.e last meeting recorded officially? Mayor Charlsen: Yes.. Mr. Groth: I would Bike to go on record as being officially opposed to this improvement as not being necessary as far as our property is concerned. It doesn't improve our poroperty to the extent of anywhere near what the assessment will be. We do not think it's a fair and equitable assessment na far as our property is concernedfl. (August 30, 1965-continued) Mr. Halsey Pine Street I would like to kook, if a decision has been made if the cribbing wall will run the whole block mr if the decision will be made some time in the future? Mayor Charlsen: It vacs included in the bids, but there has been some talk of changes being madee. Do you have any informatinn to that effect, Mr. Engineer? Mr. Elliott: We cou-.ld vary the cost of cribbing; we were going to take a second look at Mr. Halsey's property; there is a possibility of eliminating the wall in that area. We do have this latitute to eliminate that footage fr+m the wall. Mr. Halsey: I am only interested in removing the wall on my property. That money can be used sorae place else - it will not reduce the assessment, but could be used someplace else. It would do no good to remove it from Junker's property. Mr. Harold Pauley: :i have property up there - i am wandering if anything was said about sidewalks on the property. Mayor Charlsen: The . question was brought up as to whether or not there should be a sidewalk there. Mr. Monahan 1814 West Pine Streett On the sidewalk, I cam understand why people who don't own houses up there would be against sidewalk, but I can't help thinking about the future. Some day there will be houses up there. I have a carload of children and I am in favor and I want to go on record as being in favor of sidewalks. I do understand other people's motives: I understandd you, but don't agree with you. Mr. Halsey: There iss a twelve foot bank there - maybe the sidewalk would keep the kids off private propperty and off the bank, and they would come home with less dirty clothes. Mr. Martin: How about the intersection? I live on a corner, Myrtle and William. Mayor Charlsen: it swill be $7.00 per foot on your frontage only. Mr. Junker: On the 'Intersection of Pine with Pine Tree Trail - the engineer was saying it will probabtly come around the corner. That intersection is pretty bad; if they are going to leave it that way... Mayor Charlsen: You are going to have catch basins and storm sewers: I am sure they will not be leftt in the condition they are now. After the road is built, it will eliminate the washouts. Mr. Carl Johnson 717 West Myrtle All the people on Myrtle are poor people except Martin, if we could get that assessment cut down Ito $5.00, maybe we could pay it, and let Martin pay $8.00 or $10.00. I don't ldnow how we are going to pay for it. Mayor Charlsen: WitllA the plan that we have inaugurated now, we hope to get assessments down evenn lower, but until we have more money, we can't do it. Mr. Johnson: Get a moony machine and make some. Mayor Charlsen: we acre hoping the money we can save on concrete in the long run. will help. We spent over $5,000 on Myrtle Street alone this year just to keen it in repair. Mr. Johnson: When thhe street is rebuilt, I hope you can keep people from dumping stuff on the ground. Mayor Charlsen: We acre looking for a dump right now. • / j (August 30, 1965-continued) J • Mr. Monahan: The school board put in water on Pine Street -- has anything ever been done about stubbidng into there - any assessments? Mayor Charlsen: As fear as the City is concerned, that has been paid for. City Engineer: Right now, it's dormant. Whether it will be reactivated at some future date, I don't know. Councilman Powell: We can't levy an assessment for something that has already been paid for. City Attorney: They can't assess. Mr. Pauley: Getting back to the sidewalk: it's fine and that, but where are you going to put the snow24 City Engineer: On the hill section of Pine Street there is a strip on the south side of the street fon plowing snow into - the State required that. Excuse me - both sides. Mr. Nick Junker Borup Street Are assessments paid gpuarterly or annually? Councilman Nolde: Yearly - with your taxes. Mr. Don Junket: What is the rate of interest? Mayor Charlsen: Six peer cent. Mr. Walsh: What is thine total footage on Myrtle Street? City Engineer: 2,25411 - about 3,500 assessable feet. Mayor Charlsen: How moony people are hereon Pine Street? How many property owners involved? The Engineer reported that there are eleven property owners on Pine Street - nine were present at ti:his meeting. The Mayor called for a, vote - the results were as follows: In favor: 5 Opposed: 4 Mayor Charlsen asked husw many Myrtle Street property owners were present at this meeting - twelve were .mounted. A vote was taken and the results were as follows: In favor: 2 Opposed: 6 Mayor Charlsen: We arra taking it for granted that the ones who didn't vote are for it because they di.&n't vote against it. After all interested peersons had been given an opportunity to be heard, the Mayor closed the hearing. Councilman Peterson mo..ved that the City proceed with the Pine & Myrtle Street Improvement as laid out! and advertised. Councilman Powell seconded the moti-n: all in favor. Mayor Charlsen: Bids !for this project were opened and read on the 17th of August - do you have any reconmendati'ns? City Engineer: I would like to recommend that the p-ving be awarded to the low bidder - McCree & Compeny of St. Paul, with a low bid of $204,813.25. a (August 30, 1965-continued) 319v Councilman Po ells 11 move that the bid be awarded to the low bidder, McCrea A Co. Councilman Peterson sasconded the motion; all in favor. Mayor Charlsen: Thies was the day and time set to award bids on the Olive Street Storm Sewer project. I understand the low bids were very close. I would like to ask someone about thee low bidder. I have heard that this company is on another job at the present titan and are behind in that. Mr. Elliott: The Bannister Engineering Company served as consulting engineers on a project for storm sewer - the project was to be completed by the middle of September - this compamny started, knowing that they cannot complete within that time. They have limiited experience in underground utility work. Councilman Nolde: Nhaen a man comes in and bids on a job, we award the bid and ask for a performance boned, In the event he doesn't follow specifications, what happens to the performance bond? Mr. Elliott: Liquida-,ted damages take over. Mr. Banister: A perfeormance bond provides proof of financial backing. We have in this case $100.00 Iper calendar day liquidated damages. You have a very tight schedule - you scan, under the terms of the specs, collect damages, but that still doesn't mean thzat the street contractor can get in and do the work - the fact that you have a bond still doesn't guarantee that you will get it done on time. Councilman Nolde: Financially this company is very sound - when a man works on a bid and he is low biddder, he should be entitled to the bid. Mayor Charlsen: If he doesn't get the job done within twenty-one days there is the possibility that bee can't get the paving done this year. Councilman Nolde: He should be entitled to some consideration. Mayor Charlsen: Are yyou willing to make that gamble? Councilman Nolde: Yesa, I am. I don't know this man; I never saw him, but I think he should be entitled to the bid if he is the low bidder. Mr. Banister: Dunkleyv Surfacing Company, Inc. is the low bidder at $67,938.00. Moelter Construction wens next low at $67,997.50. Councilman Nolde: I make the motion that we award the contract to the low bidder - Dunkley Surfacing Compe.ny, Inc. Councilman Peterson seconded the motion, Councilman Powell was opposed. The City Engineer requested of all property owners present that they inform him of how many services tlhey wanted stubbed in on the streets to be surfaced. The property owners said tlhey would let the Engineer know. The matter of changing the name of Commercial Avenue to Schadegg Lane, schedule for discussion at this time, was postponed until the September 7th meeting. The Emergency Reporting:t Service Contract (v=lunteer fire department phone installa- tion) which was submittfed for Council approv=1 at this time was tabled until the September 7th meeting. • 3O • (August 30, 1965 continuaecl A discussion was held •at this time regarding Northern States Power Company's request for an option to purchase the City owned pit in Oak Park Heights. Two appraisals were rend - one from Harold Pauley for $2,225.00, and one from the Richard E. Nelson Agency for $2,500.00. City Engineer: It is difficult to put an actual value on that land. Councilman Powell: Too the City it has no value. Councilman Nolde: Fort the small amount of money involved, would they go along with the City giving *hem an easement? Mayor Charlsen: What would we keep it for? What would we use it for? Councilman Nolde: We talked about buying another piece of property - are we going to sell our property for $2,500 and have to go out in three years from now and spend $25,00074 City Engineer: It delpends on where you put your new street garage. Councilman Nolde: If' we could give them an easement it's worth it for us to keep our property. Don't misunderstand me - I am not against N.S.Y. Mayor Charlsen: They, will lease this property back to us for $1.00 per year for the next three years. City Engineer: As won say, this is the only property we have to use for mixing, but it is a little inconvenient. Councilman Nolde: I am not criticizing the appraisals, but I think it's worth more to the City. Councilman Peterson: Has N.S.P. ever been approached about an easement? City Engineer: Not bto my knowledge. Councilman Nolde: I would like to make the motion that we instruct the City Attorney to negotiate with H.S.P. on an easement or see if we can't getmore money out of it. Councilman Powell: I would suggest you discuss their feelings on an easement rather than have him negotiate an easement contract. If they go along we could still use the land foot what we are using it for now. Councilman Peterson: Yon could report back on the 7th of September. Councilman Nolde: I: will withdraw my first motion, and move that the attorney contact the proper a.athorities at ESP to work something out on aneasement basis. Councilman Peterson seconded the motion: all in favor. On motion of Councillman Powell, seconded by Councilman Peterson, the date for opening of bids on iinsurance was reset to September 21, 1965. On motion of Councilfman Powell, seconded by Councilman Peterson, the date for opening bids on fire hose was reset to September 21, 1965. The City Engineer submitted a written report on the cost of overhead flashing controls for a pedestrian crosswalk at West Pine Street and C.S.A.H. No. 5 (August 30, 1965-continued) Mayor Charlsen Don't you think we could use those stop signs again? City Engineer: In connection with this, the County Highway Engineers said they will install thee stop signs again on Wednesday previeua to opening of school - it is his suggestion, and mine, that those stop signs be left there until next year when the Coounty will rebuild that highway and knock the knoll down - at that time the County and the City will have to go on record by resolution estab- lishing pedesttrian crosswalk, and sufficient warning signs will be installed and will eliminate overhead blinking signs - this is more economical. Mayor Charlsen: As far as your report is concerned we can file it? City Engineer: I would recommend that we file it because of the cost involved. Councilman Noldeet If the County has agreed to put them back up, that will solve the problem for :sow. Councilman Nolde:m I talked with Stillwater Township officials about the dump, they recommended we purchase a piece of property on Long Lake Road - I found that the property./ had already been sold to a man by the name of Jones - he bought it for investment: purposes and wants to keep it. They said if it didn't work out they would try toe cooperate with us on other land. I will go back to the next meeting unless someone else wants to. After reporting to them what happened, maybe they can comae up with something else. On motion of Councilman Powell, seconded by Councilman Nolde, a Contract Agreement between the City ooE Stillwater and Wilfrid B. Cormier, as Fire Chief, was approved. Mayor Charisen reaid a letter from the Stillwater Planning & Zoning Commission regarding various iitems as follows: 1. Requeest of James Russell, 921 North Second Street, for non -conforming permit to build garage closer to street than house. On motion of Counci..Lman Iverson, seconded by Councilman Peterson, the permit was granted in accordannee with the recommendation of the Planning Commission. 2. Requeeet of Richard Farr, White Pine Inn, for a non -conforming permitt to build a seventeen unit apartment building on Churchill Street between Martha and Everett Streets. 1 The PlanniHng Commission recommended that the providing certain requirements Permit be granted qu' ements are met. On motion of Council.nan Peterson, seconded by Councilman Iverson, the item was referred to the City. Engineer and the Building Inspector for study 3. Rezoning of Aiple and recommendation. P property from Residential to Industrial. Mayor Charlsen read aloud the following letter: "The Plannid m9 & Zoning Commission is concerned over the action of the City Counciil in rezoning the Aiple property from Residential to Indus- trial. We are particularly concerned over the long range effects of this action: on future developments in the City of Stillwater. The present zoning ordinance was adopted in Januar and careful considerate-n. it was the best judgment 1963, after long Zoning Commision, and the City Council at that time thought orderly isorderly and continued gaowth of the City would be best served by this zoning. By (August 30, 1965-continuend1 • • thus publicly announcing its plans for its future development, the Cify of Stillwater established a bond of good faith with potential builders which should leave guaranteed a certain stability to their developments. The Council's action in the Aiple rezoning breaks this good faith. It reduces the PIlanning & Zoning ordinance to an empty pledge subject to the fickleness: of varying councils. It does not fit in with orderly long range pl:.arming and cannot be expected to stimulate building by responsible bmlilders. We believe thuat the long term effect of the Aiple rezoning will be a lessen- ing of public: confidence in the zoning ordinance. We ale- belieere that the recommendation we made at our August 10, 1963 meeting (gran:ting non -conforming use permits subject to review by Planning & Zoning) could provide the same increased revenues as rezoning without undermining the stability of the Planning & Zoning ordinance. We respectfullLy suggest that you reconsider your action." City Attorney: This smatter was tabled until I had an opportunity to check into that matter further. Councilman Peterson mowed that the Aiple zoning request be tabled again; Councilman Iverson seconded the motion; all in favor. 4. Request from School District 834 for non -conforming permit on the setbasek dimensions for the high school addition. On motion of Councilman Powell, seconded by Councilman Peterson, the above permit was granted in accordance with the recommendation of the Planning & Zoning Commission. 5. Request erom Winslow and Associates for a permit to build nursing home at Satillwater Avenue and Owens Street. Councilman Peterson mowed that the permit be granted: Councilman Powell seconded the motion. Councilman Nolde: I aux opposed because we haven't even looked at the plat. Councilman Powell: I wwill withdraw my second to the motion: I understand that this was a request -for a permit to use the land for that purpose - not a permit to build the building. Councilman Peterson: II will withdraw my motion. Mayor Charlsen read a Metter from Winslow & Associates, Inc., as follows: "We hereby petition for a special use permit to build a 63 bed nursing home on the plot of ground described in the attached plot plan (prresent zoning R.B.) We also petitlion for a variance due to the unusual dimensions of said plot of land. The unusual dimensions being that the plot of land is 294.862 feet wide at the front and only 261.17 feet wide at the rear. Variances Petition that the side lot line setbacks of 31.02' designated inn the attached plot plan be allowed." Councilman Nolde: Beft:me we decide, we should have the Building Inspector here. Mr. Thompson. Buildismg Inspector, was called and asked to appear before the Council. Mayor Charlsen: While we are waiting, Winslow & Associates are also requesting a non -conforming permitt to build an eight unit apartment building at Stillwater Avenue and C-rnelian Sttreet. You are just asking if the land can be rezoned to build an apartment house, is that right? Mr. Burkhardt, Winslow & Associates: Yes. • • (August 30, 1965-continued) 3231 • Councilman Nolde: Hew can the Planning & Zoning Commission recommend that we approve a permit bet -,re we have even seen the plat? Building Inspector: They can't. Councilman Nolde: Tilley recommend that we approve this - is that normal procedure? Mayor Charlsen: This: gentlemen is asking for a permit to rezone the land for a nursing home and an might unit apartment house - that isn't the way the report from the Planning & Phoning Commission read. Councilman Nolde: D$id this plan go to the Engineer for feasibility of water and sewer? Mayor Charlsen: Thad is not normal procedure. Councilman Nolde: Would we have the facilities? City Engineer: That would have to be checked out. Building Inspector: that is up to the builder when they present the final plans for the building. Mr. Burkhardt: We understand that - it's all background work as far as we are concerned. Councilman Nolde: Is there enough land there? Building Inspector: .The area is zoned RB - two family - the lot varies from the front to the rear/ they are asking for a side yard variance - parking they can supply. As to the buillding permit, this is a different story. They have to submit a completed pleas for that. Mr. Burkhardt: When we submit a plan for the building, does that go to the City Council or the Bvaild ing Inspector? Mayor Charlsen: To tfle Planning & Zoning Commission and then to the City Council. Mr. Burkhardt: Now wee are only asking for a permit to use the land. if we know the zoning is correct,, we can go ahead and prepare plans. Councilman Peterson: i will reword my motion to state that we grant a special use permit for the nursing home. Councilman Powell secoended the motion; all in favor. Building Inspector: TThey have enough land to put up the proposed apartment build- ing. I think it's evesry bit adaptable to this type of building - right now it's lying useless, and thiis is an allowable use. Mayor Charlsen: Is there any problem with drainage? City Engineer: I wouIld Like to check the sewer in Owen Street to see if it would handle it. Councilman Powell: I move we defer this until the 7th of September so the Engineer will have to check ineto it. Mayor Charlsen: Evidently the Planning & Zoning Commission misunderstood this altogether. Maybe the Building Inspector should talk to them in the meantime and get it checked out/. Councilman Peterson thhen seconded Councilman Powell's motion; all in favor. Mr. George McFadden apopeared before the Council at this time. Mr. McFadden: I have an option on some land (by Stillwater Golf Course) - I want • • 27 (August 30, 1965-continvued) 324 • • to have it rezoned; I: think it should be rezoned. Can such land be rezoned or do we have to work thorough a special allowance permit? Mayor Charlsen: Wasne t that referred to you, Ron? City Engineer: There. is a drainage problem - an open drain is running through the property - almost. down the middle of it. Mr. McFadden: At thi:.s point what do I have to do? Councilman Iverson: :It is all outlined in Section 21 of the Planning & Zoning Ordinance. Mayor Charlsen: Ron, do you think you could check out the drainage problem before the 7th of Sep+.tember? City Engineer: In what respect? Mayor Charlsen: What would it do to the drainage? City Engineer: It wouuld cut it off. Mr. McFadden: Is thias the property owners problem or the City's problem? Mayor Charlsen: The CCity won't accept responsibility. After further discussiion, the matter was tabled until the 7th of September. NEW BUSINESS The City attorney had requested that the Council consider appointing an attorney to take his place in llitigations involving Frank Schmidt and Stillwater Motor Company (parking facillity assessment appeals), as these cases originated when Mr. Eastwood was in paartnership with Mr. Jewell - conflict of interest is involved. City Attorney: I respsectfully recommend that this be tabled until September 7, 1965. City Engineer: In conveersation with Donald Dunker about his property on Pine Street which we are preoposing to build a crib wall in front of - possibly some arrangements could be :lade with Mr. Junker to purchase the land from him and move his house to another iloeation - we could then back slope this property and we could save some money.. The estimated cost of the crib wall is $39,800. By ac- quiring the Junker pro:sparty, at the most you would probably spend about $15,000 or $16,000. Councilman Molds: Und.ler our Charter, do we have to go through hearings and every- thing to purchase this: property? Mayor Charlsen: You h::ave to get appraisals. City Engineer: The Staate is willing to go along with this. In conversation with the contractor, hoe would probably go along with an arrangement like this. Councilman Peterson: 'nould this eliminate the crib wall entirely? City Engineer! Yes. Councilman Peterson: 'there wouldn't be any penalty for this? Mr. Elliott: No. Councilman Peterson: Mr. Dunker would go along with moving his house, City Engineer; Yes, boot he would want to be in the same area. • (August 30, 1965-continued) 325, • Councilman Noldee I move we turn this over to the City Attorney and the City Engineer to negotiate witlh Mr. Junker and to make a recommendation to the Council on September 7, 1965. Councilman Iverson secondeed the motion; all in favor. Mayor Charlsen asked the *Council•s feelings in regard to installing a rain gutter over the back door of the: City Hall. Councilman Powell: We area going to tear the building down anyway. On motion of Councilman Powwell, seconded by Councilman Nolde, a Quit Claim Deed was granted to Robert J. !Monahan and Donna B. Monahan (part of vacated John Street). A discussion was held at :this time in regard to Daylight Savings Time. Whether or not to revert back to EStandard Time along with St. Paul and surrounding Minnesota communities, or stay on Daylight Savings Time until October 31st as will the State of Wisconsin. Councilman Powell: I move that we revert to Standard Time on September 7th at 2:00 A. M. Councilman Nolde seconded the motion - the vote on the motion was as follows: Counciilman Iverson: Abstained from voting Counciilnan Nolde: Yes Counc±ilnan Peterson: No Counciilman Powell: Yes Mayor Charlsen: Yes RESOLUTIONS Tho following resolutions were, on roll call, unanimously adopted: 1. Ordering Improvement :and Approving Plans and Specifications Local Improvement No. 53-1965 (West Willard and Lake Drive Sewer) 2. Accepting Bid for Con:atruction of Local Improvement No. 53-1965 (West Willard and Lake Drive Sewer) 3. Ordering Improv. ment :and Approving Plans and Specifications Local Improvement No. 54-1965 (South S:ixth Street Sewer) 4. Accepting Bid for Consatruction of Local Improvement No. 54-1965 (South Sixth Street Sewer) 5. Approving Employment — Alberta Griesman 6. Approving Employment — Virginia Berrisford 7. Approving Employment mf Firemen (Andrews-Colombo-Seim-Staberg-williams) 8. Confirming Appointing of Police Officer (Ronald Johnson) 9. Adopting Salary Schedtmle - Fire Department and Police Department • (August 30, 1965-continued';) 326 10. Authorizing Conveyance of Real Estate (to Monahan) 11. Approving Employment - Wilfrid B. Cormier 12. Ordering Improvement and Accepting Bid - For Construction of Local Improvement No. 55-1965 (Storm Sewers) 13. Ordering Improvement and Approving Plans and Specifications - Local Im- provement No. 56-11965 - Street Paving; Sanitary Sewer, Watermain and Sewer and Water Senvices. 15. Accepting Bid for ',Construction of Local Improvement No. 56-1965 Sanitary Sewer, Watermain and Sewer and Water Services (Dunkley Surfacing Co., Inc.) 14. Accepting Bid for :Construction of Local Improvement No. 56-1965 Street Paving (McCree & C4ampeny) 16. Setting Central St:andard Time (the vote on this resolution was as follows: Councilman Iverson: No. Councilman Nolde: Yes. Councilman Peterson: No. Councilman Powell: Yes President Charlsen: Yes ADJOURNMENT On motion of Councilman Iverson, seconded by Councilman Powell, the meeting adjourned at 10:12 P. W. Attest: City Clenk Mayor 327\, • Council Chamber Stillwater, Minne:sota September 7, 1965 7:30 P. M. Regular Meeting The meeting was called to order by President Cherlsen. Opening prayer by the City Clerk. Present: Councilumen Iverson, Molds, Peterson, Powell, and President Charlsen. Absent: None. On motion of Councilman Powell, seconded by Councilman Iverson, minutes of the following meetings: were approved: Regular Meeting Special Meeting Special Meeting Special Meeting Special Meeting Special Meeting Special Meeting Regular Meeting Regular Adjourned Meeting Special Meeting Regular Meeting Special Meeting Special Meeting Special Meeting Regular Meeting Special Meeting Special Meeting Special Meeting Special Meeting Special Meeting Special Meeting APPLICATIONS April 6, 1965 April 9, 1965 April 10, 1965 April 23, 1965 April 27, 1965 May 5, 1965 May 6, 1965 May 11, 1:65 May 25, 1965 June 3, 1965 June 8, 1965 June 9, 1965 June 30, 1965 July 2, 1965 July 6, 1965 July 7, 1965 July 9, 1965 July 13, 1965 July 16, 1965 July 20, 1965 July 26, 1965 7:30 P. M. 7:15 P. M. 10:00 A. M. 10:07 P. M. 2:00 P. M. 4:30 P. M. 4:00 P. M. 7:30 P. M. 4:30 P. M. 5:00 P. M. 7:30 P. M. 5:00 P. M. 1:00 P. M. 2:00 P. M. 7:30 P. M. 4:30 P. M. 4:30 P. M. 4:30 P. M. 4:30 P. M. 7:00 P. M. 4:30 P. M. On motion of Councilman Nolde, seconded by Councilman Peterson, On and Off Sale 3.2 Beer Licenses were granted to Ralph Milberg, 1112 6th Avenue South, for -a period of one yearn. (renewal) On motion of Councilman Nolde, seconded by Councilman Peterson, an Off Sale 3.2 Beer License was granted to the Del Farm Store, 216 West Myrtle Street, for a period of one years. (renewal) On motion of Councilman Powell, seconded by Councilman Nolde, a license to operate as a Junk Dealer woos granted to Lawrence Rumpf, 2007 Schulenberg Avenue, for a period of one year:. (renewal) • • (September 7, 1965-continumed) /328 • r • • DELEGATIONS OR INDIVVIDUALS (out of order) Mr. John Condon planning & Zoning Commission I would like to keepp the Council up to date on what we are doing and how we are thinking. I understand we goofed last tine - (in regard to permit for Winslow & Associates)- Nursing Home. We didn't mean to do that. We are getting a lot of apppeals for multiple dwellings - we have acted on these and they have came to yenur attention. What we have tried to do - in the Zoning Ordinance. apartments are required to have so much land - we look them over - if the population density is the same with an apartment building as the amount fo y on se. When Mt. endin itlo cked to ussas -though the City may lhave to spend some moneys to divert applied, eased we look the drainage - we feel that the City shouldn't have to spend money to grant that favor. You had a s:ltuation on Churchill Street - a man had enough land to make six lots - we recommended that you grant the permit for him to build a seventeen unit apartment - we were taking into account that there was a big ravine where indiciidual builders couldn't build. We would like to speed up upn - these things - it takes two or three months for a man to get his app we would suggest tint the people come to the Planning & Zoning Commission and present these thinggs - if it comes to you we would like to have you suggest that they come to trs. We would also like to suggest that they coma with plot plans, etc., and wee would like to know that the affected neighbors know what is being planned for that area. There should be a time limit on these things and we would like tto suggest that there is one so that a man can't come back in ten years from mow and say he has a use permit to build something. Councilman Petersorm: Normally when we come to these meetings we don't know what your recom.mendationns are. Mayor Charlsen: I think that has been corrected now. Thank you. Mr. Condon, you are doing a goad job. CCMWUNICATIONS From the State of Minnesota, Wrter Pollution Control Commission (tyro letters) approving plans anod specifications for South Sixth Street Sewer and Lake Drive and West Willard Strreet sewer. Mayor Charlsen: H.Iow much can the lift station take? City Engineer: A1_L the area from County Road #5 to Ramsey Street and around Lily Lake to the i. sly Lake Heath. Mayor Charlsen: wwhat happens if they develop the rest of Fairmeadows? Engineer: We wills have to put in larger pipes eventually. From Searle R. Sandmen, representing Mrs. Aurilla Atwood. Mrs. Atwood is re- questing that an easement be granted. Administrator: Mrs. Atwood owns property - right next to it is City owner prop- erty on which a Mat pole stands - the flag pole was erected many years ago - she wants an easement so that she can tell children to stay away from the flag pole. Engineer: That is: on Mandevidt's property Councilman out e the flag pole islLocated, andd that mif thereen areeinstructed to any objections tonnegotiatewaneeasementty with the property owners. Councilman Peterson' seconded the motion. (all in favor) • • e • (September 7, 1965-continued) 329, • • • a From Mr. Edward J. Davidson, Fourth Avenue South, requesting special permit to build garage. Building Inapector:i It's my feeling that the permit should be granted because of the location. Mere is no possibility of building to the North and there is no obstructing aany of the present buildings from the view. Councilman Powell: Because of the normal procedure of sending applications over to the nannies; Commission for their approval, I move the permit be granted subject to their agpproval. If the Planning Commission approves it, it can go directly to Mr. Davvidson. Councilman Nolde secconded the motion. (all in favor) From Mr. Wayne D. Moran, Manager of the Saint Croix Valley Area Chamber of Commerce, stating tkheir desire to place new decorations on forty-four light poles in the City. • Administrator: They are asking that the City pay the cost of the electricity to light the new decorations - this has always been done in the past. Councilman Powell moved that the City pay this cost; Councilman Peterson seconded the motion. (all tin favor) CITY ADMINISTRATOR':'& REPORT Administrator: Tomorrow at 10:00 A. M. the City of Stillwater will be in District Court on the appeal:.s that were taken from property owners on parking facility manta. I donsit know how the attorney feels about it - whether the Council should consider thence appeals or to proceed with the proceedings as scheduled. Councilman Iverson: Proceed as scheduled. Administrators The City Engineer, City Attorney, and myself will be there tomorrow morning at 10,00 A. M. I might point out that these appeals are based on the fact that some buildings were assessed on one side. I am wondering if the Council might want to think about it - it might be advisable to consider this. Mayor Charism: I .say we can defend our stand on this. City Attorney: We might just as well go ahead with it. Councilman Nolde: Mr. Springsted said theCityhas to fight these cases one at a time. - Administrator: The City Attorney is authorized to settle other cases - Maple Island and Stillwater Manufacturing. The reason this was authorized is because the settlement wouldd be equivalent to the cost of some other businesses in the area. City Attorney: The only one that has accepted is Maple Island at $7.50. Administrator: Are we again authorizing the City Attorney to make settlement on Maple Island? Councilman Iverson moved for the above. Councilman Powell: 'What are you going to do with Stillwater Manufacturing? City Attorney: That: is what I am asking the Council. Councilman Powell: ?They have already received a considerable reduction. I don't know why they should! receive any more. • e • • • / �3o (September 7, 1965-continued) Councilman Iverson= At the hearing pertaining to omissions and corrections they were all here - in the process Stillwater Manufacturing bought property from Sheldon Smith - the City Attorney is to try and negotiate settlement with Maple Island. Councilman Powell: 1 will second your motion, but would suggest you wait until after Court. (all in favor) Administrator: In talking to Department Heads today - the Fire Department is functioning now - things seam to be going along pretty good. The Street program is coming along as per schedule. The new City Hall working plans are held up dime to Mr. Eacchini's illness. There was a little stoppage because of Civil Defense participation in 50% of a certain part of the new City Hall. Mayor Charlsen: wee want to advertise for bide in October. Administrator: In -talking with Mr. Knapp of the Postal Department, he said that in the event plans .don't go along as scheduled, they would grant us an extension of time beyond June: of 1966. They have their working plans just about ready for the new post ofifice. City Attorney: At 41m00 o'clock this afternoon I was handed contracts for Local Improvements No. 55 and 56; I had to go over them and study them. On Dunkley Surfacing Company, IDnc. the Engineer asked that contracts and other documents be chedced. I went over the original and three copies - none were signed; they were to attach certlificates of insurance for all subcontracts, it calls for other insurance also - there was no certificate of automobile insurance; no contractor's insurance. Mayor Charlsen: Thee haven't started work yet? City Engineer: No. They did state today that they would move their equipment in on Thursday and start working on Friday, barring unforeseen circumstances. City Attorney: Can •you allow him to proceed without this insurance? Mayor Charlsen: No.. Administrator: The 'City Engineer did call a meeting today of all contractors involved - the utili-_ty companies. water department, etc. I think this was a very fine idea - he *told them what he wants so there won't be any digging when the streets are , completed. Mayor Charlsen: I would recommend that they be contacted tomorrow morning before you go into Court, amid see that the contracts are brought up to date and enforced. PETITIONS None UNFINISHED BUSINESS The following items were carried over from previous meetings: • • W (September 7, 1965-continued) 831.1 • • 1. Emergency Reporting Saervice Contract (volunteer fire department phone installation) Administrator: This is tat phone system we were talking about. The Public Safety Director gave us hate opinion of this contract and the importance of it. Chief Roepke: Mr. Cormier and myself feel that this is the backbone of our operation - normally it :takes about fifteen minutes to call fifteen or twenty men. The Maple Island whtistle only brings out ninety-nine kibitzers and 100 critics: All it brings ems is grief: With the new system the phone would ring in all homes at one time... Administrator: How many phones are involved? Chief Roepke: A thirty Rhone unit - the cost to the City would be $55.00 per month. Councilman Molds: I wi131 make the motion that we enter into this contract. Councilman Iverson seconded the motion. 2. Northern States Powexi Company's request for an option to purchase City owned pit in Oak Parkt Heights. (City Attorney was to discuss this item with N.S.P. officials and get their feelings regarding an easement) City Attorney: I did nett have an opportunity to contact them. Councilman Rolle: For $Z,200 I don't see why we should get excited about selling our property to !Northern States Power. 3. Aiple rezoning request. The Administrator suggesfted the Council discuss the possibility of referring this matter to the Port 0Commission. Councilman Mold.: I wou=:ld like to -know why we are bringing this Comission into it. Administrator: They clever land usage - I am just wondering if you want them to help you on this. Councilman Nolde: I am :against it. Councilman Peterson: So. am I. Councilman Iverson: I &aie no need for it. Councilman Powell: Witha the situation the way it is today with the River and the publicity it has recssived, I think it might be wise to employ the services of this group. It's thee same as the Planning Commission. If you have a Commission that does thiis, you are not going out on a limb to ask them to function. Councilman Molds: I raps for this office - I am still going to be criticized for the action I take - if taere is to be criticizing, I am going to take the responsi- bility - not a Port Authsority or anybody else: There is a proper time to bring them in, and I don't thiink this is the proper time. 4. Request fromWinslowv & Associates, Inc. for permit to build nursing home. Administrator: Are you all aware of the requirements of the Ordinance? • • • (September 7, 1965-eontintmed) (332 e r • Councilman Nolde: sir• Burkhardt, when you made application, did anyone give you a copy of the Zoning ordinance? Mr. Burkhardt: Yes.. Councilman Nolde: Have you read all of that? Mt. Burkhardt: Yes.:, Mayor Chelan: At: the last meeting we asked the Engineer to check out the sewer facilities. - Engineer: The nursaing home and apartment building in relation thereto - if the sewer is servic & up Carnelian Street the system will handle the amount of waste material !from these two buildings. Mayor Charlsen: Haas this request been submitted in a formal manner? Building Inspectors 1 Yes - Mr. Burkhardt has furnished plans - they meet re- quirements of the Hlealth Department and the State Fire Marshall. There is a slight variance in side yard requirements. Mt. Burkhardt: It .would amount to about 41/2 feet on each side - that is the only building on that blJock. Building Inspector:. All parking requirements have been met. The front setback and rear yard requi:.rments are correct as to the ordinance. Councilman Peterson': The Planning & Zoning report that we got at the last meeting was only ons the special use permit? Mt. Burkhardt: It ,was merely a matter of putting the words into the minutes correctly. Councilman Nolde: :Have they seen plans of the nursing home itself? Have you contacted the surrooanding property owners? Mr. Burkhardt: Not in respect to the nursing home. but as far as the apartment house - yes; but wee are going to let that ride; we are not pressed for time on the apartment houses as we are on the nursing home. The Administrator read from Ordinance No. 383 at this point, and also an amendment to that ordinance (No. 386) Administrators If you think property owners would object you could hold a hearing the amendment to the ordinance states that the Council can proceed without a hearing if they wise. Councilman Nolde: How do you think the people in the area would react if we granted this permit[? Building Inspector= I cannot answer you - I would have to make a visit to every home. I know how several feel - they are 100% for it. Councilman Petersoess Now there is a request for a permit to build the nursing home with a side yard variance? Councilman Powell: Our Building Inspector has stated that the plans met all requirements of thee State Board of Health and the Fire Marshall. I can see no other action we can take other than to grant a building permit with this variance. I will snake this motion. Councilman Peterson seconded the motion. The vote was as follows: Coruncilmen Iverson: For obvious reasons I am saying nothing. (Councilman Iverson owns a nursing home) • • (September 7, 1965-continued) \ e 333• r CounciJiian Nolde: Opposed Counci..Lman Peterson: Yes CouncilLman Powell: Yes Mayor Charleen: Yes 5. Bequest of Mr. Mc/Redden to have certain property rezoned. (Item was reformto City Engineer - he was to check on drainage facilities in the area in question) city Engineer: A lot of this would depend on where the structure would be located. Councilman Powell: This report is for the feasibility of drainage. Me wants it to be rezoned so thtat should he not build he could Bell it for that use. If he wanted to build an apartment himself I would have no objections, but he wants it rezoned soo that he won't have to do it. City Engineer: It goses back to what Mr. Condon said - a time limit should be set. Building Inspector: PBe have a time limit on residential areas, but not in ICI commercial. I am absoolutely opposed, and this is personal now, to any stir zoning. I don't thinBk you should rezone it to anything. If you think an apartment building wovuld be in the best interest of the community then grant a special use permit. bat leave it zoned the way it is. Councilman Molds moveet to follow the recommendation of the Building Inspector: Councilman Peterson sesconded the motion. (all in favor) 6. City Attorney refloated that special counsel be appointed to represent the City in litigaations involving parking facility anent appeals - Frank Schmidt. anal Stillwater. Motor Company. Conflict of interest is involved. Administrator: The Catty Attorney feels that these appeals might involve a conflict of interest due to the fact that his former partner was working on these appeals. He wonders if it would be wise for him to try these cases. City Attorneys It's not a matter of being wise: it's a matter of ethics. Councilman Nolde: I move that the City Administrator work with the City Attorney in the even we need another attorney. Administrator: The Charter reads that you must name a special counsel. Councilman Nolde: I will then name Mr. Lyle Eckberg. Mr. Lyle Eckberg: As fas as I know, there is nothing that would conflict. Councilman Iverson t)ten seconded the motion. (all in favor) 7. Possibility of pterchasing Donald Junker property on Pine Street (referred to City Attorney and City Engineer for their recommendation) City Engineer: I contacted one of the property owners who owns the adjacent 100' - he said at thaat time there was no thought whatsoever of selling those lots; however, after that time, Mr. Banister sent some surveyors over and they • • • (September 7, 1965-continued) • :333k, Cocuncilman Noldes Opposed Councilman Peterson: Yes Councilman Powell: Yee Mayor Charlsen: Yes 5. Request of Mr.. McFadden to have certain property rezoned. (Item was refeerred to City Engineer - he was to check on drainage faci=.l ities in the area in question) City Engineer: A. lot of this would depend on where the structure would be located. Councilman Powell.' This report is for the feasibility of drainage. He wants it to be rezoned :so that should be not build he could sell it for that use. I£ he wanted to baaild an apartment himself I would have no objections, but he wants it rezonasd so that he won't have to do it. City Engineer: i:t goes back to what Mr. Condon said - a time limit should be set. Building Inspectoer: We have a time limit on residential areas, but not in commercial. I amm absolutely opposed, and this is personal now, to any rr zoning. I don't think you should rezone it to anything. If you think an apartment building would be in the best interest of the community then grant a special use per..nit, but leave it zoned the way it is. Councilman Nolds .moved to follow the recommendation of the Building Inspector; Councilman Peterson seconded the motion. (all in favor) 6. City Attorneyy requested that special counsel be appointed to represent the City in Mitigations involving parking facility assessment appeals - Frank Schmida. and Stillwater Motor Company. Conflict of interest is involved. Administrator: TMe City Attorney feels that these appeals might involve a conflict of interest due to the fact that his former partner was working on these appeals. Hse wonders if it would be wise for him to try these cases. City Attorneys Iit's not a matter of being wise; it's a matter of ethics. Councilman Molde:1 I move that the City Administrator work with the City Attorney in the *event we need another attorney. Administrator: tithe Charter reads that you must name a special counsel. Councilman Molde::i I will then name Mr. Lyle Eckberg. • Mr. Lyle Eckberg.7: As fas as I know, there is nothing that would conflict. Councilman Ivers.:an then seconded the motion. (all in favor) 7. Possibility .of purchasing Donald Junker property on Pine Street (referred to City Atto_.rney and City Engineer for their recommendation) City Engineer: I contacted one of the property owners who owns the adjacent 100' - he said at that time there was no thought whatsoever of selling those lots; however, a:Eter that time, Mr. Banister sent some surveyors over and they • %334 (September 7, 1965-continued) e e conducted a cross sectional survey in the area for a number of feet - this afternoon I recoiled a copy of them and we went over them to a minor extent. We measured his Mouse - by going on a two to one slope we would end up with approximately sewer feet from the front of the old home. The house without porches is about 36' - it's a possibility that I haven't had an opportunity to check on, but we could move his house south and it would still remain on his present property - we would then acquire a slope easement and... Councilman Powell]: Would this be about the same saving that we had planned? City Engineer: Roughly in the same neighborhood. Mayor Charlsen: I don't think an easement would cost as much as buying the house. Councilman Molde:i I move we have the Engineer continue to work on this project and to report baock. Administrator: Ina the event we do this - is there any danger whatsoever that it might wash outs? City Engineer: there is always a danger, but you don't build things like thm t. Councilman Powell]: The general feeling is that this slope would be more beautiful and more attractiive - it is not something we are doing just to cut costs - a crib wall is not very attractive. Administrator: the Engineers must know. City Engineer: Mir. Halsey said he wants his property sloped three to one and he wants it sodded. Councilman Iverson seconded Councilman 'tilde's motion. (all in favor) Councilman Peterson: You can have ananswer by the 21st of September? City Engineer: Ides, I am sure. 8. Request of Ridchard Farr, White Pine Inn, for non -conforming permit to build a seventeen unit apartment building on Churchill Street between Martha and Everett Streets (referred to city Engineer and Building Inspector form study and recommendation) Mayor Charisen: As Long as he doesn't even own the land, I don't know why we should give hiin any more consideration at this point. City Engineer: TM me it's a little premature - we have a storm sewer going right through thaat property. Councilman Powell]: I move we defer action until the builder confers with the City Engineer an the Building Inspector and until such time as he has definite plans. Councilman Iversoon seconded the motion. (all in favor) 9. Firemen's Rel]ief Association. Administrator: ]Cot should instruct the City Attorney and Chief Cormier to elect officers for the Firemen's Relief Association. The Mayor and Clerk are auto- matically on the Board; if this is agreeable we will ask the City Attorney and Mr. Cormier to do this. • • • (September 7, 1965-continued)33 C\ s Engineer was instructed to submit: 10. Estimated cost for installation of sanitary sewer and watermain in East St. Croix Avenue, as requested by petition of John Fazendin. The City Engineer reported the estimated cost of said projects. Councilman Powell: Is Fazendin still interested in going ahead with this? Mayor Charlsen: Contact him and ask if he is planning to go ahead with it. NEW BUSINESS On motion of Councillman Powell, seconded by Councilman Peterson, the following collateral, pledged by the American National Bank of St. Paul to secure City deposits, was approvvede $150,000 White Bear Lake School District 8624, Minnesota. 3.20% bonds - due 5-1-73. (Handled through Fazrmers a Merchants State Bank of Stillwater - sent to American National Baulk because of time element and better interest rate) On motion of Councilmman Powell, seconded by Councilman Nolde, the following collateral, pledged by the First National Bank of Stillwater to secure City deposits, was approach $100,000 par value Federal Home Loan Banks - 4.20% due January 117, 1966. On motion of ConciIlman Nolde, seconded by Councilman Peterson, the following insurance policy was: approved: The Connecticut Fire Insurance Company, Hartford, Conn. covering 'City buildings and contents - Fire, lightning and extended coverage; effective September 1, 1965 - expiratie.on September 1, 1968. Total premium - $504.00 Mayor Charlsen: We !have called_ for bids on Liability Insurance and Workman•s Compensation Insurannce, to be returnable on September 21st. On motion of Counci:.lman Powell, seconded by Councilman Nolde, the following insurance policy warns approved: National. Fire Insurance Company of Hartford, Conn. covering Band SheaLl at Pioneer Park - Fire, lightning and extended coverage: effective September 1, 1965 - expiration - September 1, 1968: Total premium - $186.00 On motion of Councilman Nolde, seconded by Councilman Iverson, the following persons were named ass members of the Auxiliary Police Department, as recommended by Auxiliary Chief °Gillen, and Police Chief Roepke. Norman Webb Michael Reber 336 • (September 7, 1965-cont:.lnued) • e and the following manes were removed from the list of Auxiliary Polices Ronald Johnson Arthur Andrews David Thomas On motion of Councilman Iverson, seconded by Councilman Powell the Building Inspector's Report: covering activities for the Month of August, was approved. ORDINANCES On motion of Councillman Nolde, seconded by Councilman Iverson, the Clerk made the first reading :a£ "An Ordinance Amending an Ordinance Entitled zoning Ordinance of the Ciity of Stillwater." (Aiple property) Councilman Powell: Something came up this week that I think the Council should be aware of. The IDemocratic party Third District Chairman contacted me about various things - one of them was that whatever action the Council takes on this rezoning - Earth rind Mondale should be informed before final action is taken as it could be a low blow to them if we rezoned this property and they were not aware of it. I-:t might have some repercussions. If Washington feels this is underhanded, we .enald get into some serious problems - my thought is that they should be info:toad as to what our actions are going to be. City Attorney: I w:d11 continue to try and get hold of Mr. Mondale. RESOLUTIONS The following resolutions were, on roll call, adopted: 1. Directing the Paspment of Bills 2. Supporting Plan to Construct an Emergency Operating Center with Help of Federal Matchdng Funds (Councilman Iverson was opposed) 3. Designating American National Bank of St. Paul as Temporary City Depository. 4: Authorizing Empksymsnt of Special Counsel. (Lyle Eckberg) MENEM On motion of Councilman Nolde, seconded by Councilman Iverson, the meeting adjourned at 11:11 Pam. M. Attest: City ClerN) Mayor • • • ton .s SIB goao Council Chamber Stillwater. Minnesoota Regular Adjourned fleeting The meeting was ca':L1ed to order by President Charlsen. Present: Councilmen Molde. Peterson. Powell and President Charlsen. Absent: Councilman Iverson September 21, 1965 4:30 P. M. Fire Chief Wilfridl B. Cormier stated that be had attended the Fire Chiefs' Conference, and then surrounding cities and villages would like to enter into a Mutual Aid .Contract. not only for fire fighting, but any emergency which may occur. Ile also requested permission to attend a meeting at Little .;anada on Septembe::r 28th at 7:30 p. M. On notion of Coune:Liman Powell, seconded by Councilman Peterson, the Fire Chief and the Public Safety Disoctor were authorized to attend this meeting. Mr. Nicholson appeared before the Council and stated he was interested in purchasing propert_;r owned by the City in Grant Township. Councilman Molds inquired if he would be willing to lease the property: Mr. Nicholsen stated hat probably would be interested. On motion of Counc.:LLman Powell, seconded by Councilman Molds, it was decided to postpone any ac*:tion in regard to this matter until the next regular Council meeting. - This was the day and time set to open bids on Workmen's Compensation and - Employer's Liabili•.ty Insurance; and Comprehensive General Liability and Auto- mobile Bodily Injuxiry and Property Damage Liability Insurance. The Clerk read thee notice for bids aloud; the Mayor inquired if the notice for bids was publishedl, and the Clerk informed the Council that the notice for bids was published in .tile Stillwater Evening Gazette, official newspaper of the City. on September 8, 19465, and September 15, 1965. The following bids; were then opened and rend aloud: Workmen;'. Compensation Insurance 1. R. 'N. McGarry & Son Agency Stillwater, Minnesota Total Base Cost $4,451.16 Guaeranteed Bid $4,359.90 Ant:Lcipated Cost not listed 2. Fedlerated Insurance St. Paul, Minnesota Tot;a1 Base s.,st Guaranteed Bid Ant:icipated Cost $4,451.16 $5,030.16 $4,149.88 336 B (September 21, 1965-continued) • General Liability Insurance 1. Brogg Agency stilllwater, Minnesota Guaranteed Bid - Automobile $1,335.00 Guaranteed Bid - General 6.549.00 Totael Bid $7,884.00 On motion of Councilman Powell, seconded by Councilman Peterson, it was decided to refer the Workmen's Compensation Bids to the City Attorney for report on October 11, 1965. (Councilman Nolde was opposed) On motion of Councilman Powell, seconded by Councilman Nolde, the bid of the Krog Agency for Gemeral Liability Insurance and Automobile Insurance was accepted as submitted. This was the day anal time set to open bids on 1,250 feet of fire hose for use in the Stillwater Fire Department. The Clerk read the :notice for bids aloud; the Mayor inquired if the notice for bids was publislhed, and the Clerk informed the Council that the notice for bids was publishied in the Stillwater Evening Gazette, official newspaper of the City, on September 8, 1965 and September 15, 1965. The following bids vvere then opened and read aloud: 1. Amer_ican LaFrance By Deanald Beck Stillwater, Minnesota 2. Weber; & Troseth Company St. IPaul, Minnesota 3. Eurenka Fire Hose St. Vaal, Minnesota $1,900.00 $1,587.50 $1.34 per foot 4. C. F.. Coyer & Associates Minneapolis, Minnesota $1,500.00 alternate $1,875.00 On motion of Councillman Nolde, seconded by Councilman Powell, the bids were referred to the Firee Chief and the Public Safety Director for report at a later date. On motion of Councilman Powell, seconded by Councilman Nolde, the Administrator was authorized and directed to sign federal forms and accept, on behalf of the City, the provisionally approved 75% advance payment on Flood Control monies alloted to the City of Stillwater. On motion of Councilman Nolde, seconded by Councilman Powell, a non -conforming permit was granted t=o Rivercrest Homes. (227 Echo Lane) for a variance in side yard requirements. • • (September 21, 196S-continued) • 336 B General liability Insurance 1. ICrogg Agency St:illlwater, Minnesota Guazranteed Bid - Automobile $1,335.00 Guazranteed Bid - General 6.549.00 Total Bid $7,884.00 On motion of Counc:ilmn Powell, seconded by Councilman Peterson, it was decided to refer the Workmen's Compensation Bids to the City Attorney for report on October 11, 1965. (Councilman Nolde was opposed) On motion of Councilman Powell, seconded by Councilman Nolde, the bid of the Frog Agency for General Liability Insurance and Automobile Insurance was accepted as submittted. This was the day rind time set to open bids on 1,250 feet of fire hose for use in the Stillwater Wire Department. 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 the notice for bids was publisbed in the Stillwater Evening Gazette, official newspaper of the City, on Septtember 8, 1965 and September 15, 1965. The following bids were then opened and read aloud: 1. Merriman LaFrance By Donald Beck Stillwater, Minnesota 2. weber & Troeeth Company St. Paul, Minnesota 3. Eureska Fire Bose St. Paul, Minnesota 4. C. F?. Coyer & Associates Minneapolis, Minnesota $1,900.00 $1,587.50 $1.34 per foot $1,500.00 alternate $1,875.00 On motion of Counciilman Nolde, seconded by Councilman Powell, the bids were referred to the Fire Chief and the Public Safety Director for report at a later date. On motion of Councilman Powell, seconded by Councilman Nolde, the Administrator was authorized and .directed to sign federal forms and accept, on behalf of the City, the provisionally approved 75% advance payment on Flood Control monies alloted to the City of Stillwater. On motion of Counci: loran Nolde, seconded by Councilman Powell, a non -conforming permit was granted tto Rivercrest Homes, (227 Echo Lane) for a variance in side yard requirements. r • • (September 21, 1965-continued) 336 C On motion of Councilman Nolde, seconded by Councilman Peterson, it was arlved to loan the City -ea street sweeper to Bayport, at no charge, provided the Village of Bayport has eau necessary insurance to protect the equipment and drive while on duty there. On motion of Councilman Powell, seconded by Councilman Peterson. the City Engineer was directed to proceed with the necessary repairs on the lift stations and inter- ceptor sewer resulting from damages caused by flood waters in April. On motion of Cornncilman Nolde, seconded by Councilman Peterson, the Mayor and City Clerk were directed to sign slope easements, granted by the following persons, in connection width the Pine Street improvements Ernest A. Thueson Martian L. Peterson and Herbert H. Peterson Karl Id. Mueller Clifton F. & Marilyn A. Halsey Donald & Shirley Junker On motion of Councilman Powell, seconded by Councilman Molds, it was decided to follow the recommendation of the City's architect in connection with the new municipal building, but that the architect be contacted and asked to check into the feasibility of wooden window frames for the new structure. Also that the plans be designed so tthat bidders can bid on metal or wooden frames. Councilman Peterson was opposed. RESOLVTIOMS 1. Resolution (Changing Date of October 1965 Regular Meeting of City Council. 2. Authorising) Purchase of Easements. Aaya RMA= On motion of Councilman Nolde, seconded by Councilman Peterson, the meeting adjourned at 6:.,45 P.M. 0 Attest: Ci•.ty Clerk /Luk Mayor e • 337 • • MVO Council Chamber Stillwater, Minnesoeta Special Meeting The meeting was called to order by President Charlsen. Presents Councilmen Iverson, Nolde, Peterson, Powell, and President Charlaen. Absent: None October 5, 1965 7:30 P. M. Administrators Mr.. Condon is present - he has the minutes of the Planning 6 Zoning Commission mamating of September 29, 1965, I would like to read them and Mr. Condon will. have some remarks to make. "Request by W:ILlliam Westphal, 820 W. Sycamore, for a mn-con£orning permit to bui:.ld a garage even with his house. After discuss_dag the matter a motion was made that we recommend the non -conforming permit be granted. Seconded and passed. Request from Sid Davidson for a non -conforming permit to build a garage at 923 4th Avenue South. After some discussion the members present adjourned to the site. From the information we had from Mr. Davidson and from what we could get by being Eat the site, the Commission felt it was insufficient to make a deciision. A motion was :made that the request for a non -conforming permit based on this request be denied. Seconded and passed. The Commission would again consider a request if more information were supplied.. This information should be a plot plan sketch showing lot lilnes, location of the house and of the proposed garage. The plans shouold show the footage from lot lines to the house and garage. It was suggested that perhaps the garage could be attached to the house and thereby get more set -back distance and perhaps a better looking set-urg." Mr. Condon: On Westpphal - here is a house that's been there a good many years; if we required him Mc build a garage in back of his house it would interfere with his septic tanks. Councilman Powell: I spoke to Mr. Westphal after he had talked to you - he was in doubt if he was going to do anything. Councilman Nolde: II move the permit be granted. Councilman Peterson seconded the motion. (all in favor) Mr. Condon: The DaysLdson property was built since our zoning laws; it should have been obvious if: they wanted a garage they would have to get a non -conform- ing permit. we coul..dn't make out what they were going to do - it looked to us that the garage will fall. over the edge of thecliff if it goes where they want it to go. The area there Ls very ill-defined as to where the street is. He gave us pictures and brought: a plan that was not quite adequate. Where these people have brought it upon themselves since the zoning laws, we are not too sympathetic. These people should Mare thought of this when they were building. I am sure we would look favorallly upon it if it were as close to the house and as close to the street as possible. • • • 338 (October 5, 1965-ocontinued) e • Councilman Powell: Did he have a non -conforming permit to build his house? Mr. Condon: No - :I don't think so. Councilman Powell: The reason I ask is because of the width of the street - his front porch mi..ght be in the street - if that is the case, possibly a non -conforming permit was granted. Mayor Charlsen: ?"hat is not the case. Councilman Bolds: The guy never intended to violate the ordinance. What do you think of the rssdth of that street Mr. Engineer - a 66' street - do we need it all? City Engineer: Thnat's a right of way. Mt. Condon: I jusst wanted to explain these things to the Council so it would help your decisions. Councilman Powell:: I move that Mr. Davidson be informed of the decision of the Planning a Zoning Commission and be invited to attend the next meeting, submit the plans that are necessary. and make the arrangements with the Planning Comissioon. Mt. Condon: If all' these people would come and tell us what they are doing, it would help us. Councilman Petersoea: Was Mr. Davidson informed of this yet? City Engineer: Yeas - he was in my office yesterday. Mayor Charleea: Mt 1:30 today he asked me if the permit had been granted or not. Engineer: He said! he would go down and have Simonet draw a survey. Mayor Charlsen: Mt. Condon, you heard the motion made here - would he have to wait until the nexit meeting? Mr. Condon: I don't see why we couldn't have a special meeting - we would like to accmodate him. I think we can have a meeting this weekend. Councilman Petersoon seconded Councilman Powell's motion. The vote was as follows: Councilman Nolde: No Council7an Iverson: No Councillman Peterson: Yes Councillman Powell: Yes Mayor Charlsen: Yes Administrator: Wm have Mr. Elliott (of Northern States Power Company) with us this evening. Mr. Elliott: I had the man from our right-of-way department meet with the Mayor last week on an exchange of property in Oak Park - he asked if we would get some maps designating a little clearer the property we are talking about, and I have them here now. Mayor Charlsen: that's the property south and east of the sewage disposal plant. Mt. Elliott: We tlalked a couple times about exchange of City property for something suitable for future use in the sewage disposal plant. Mayor Charlsen: fWe bad an option on two acres of property - we released that option in order foot the NSP to buy the property without any strings attached to it. Now the Engineer and I have been needling NSP to get this thing straightened out eo we will know where we are at. e • • 339! e (October 5, 1965-continued) • Mr. Elliott: The leant time we talked it was suggested that your Engineer determine what props:sty would be needed for the expansion of your sewage disposal plant at ■each time when you would put in secondary treatment. The other day your Engineer said he thought this triangular piece would be sufficient. Mayor Charlton: As _I understand it, NEP wants to trade eight acres for less than three acres plusa what we released on the option - the north two acres plus an easement fora tower in the gravel pit down below. Councilman Nolde: Ina this considered good property here now, Ron? Engineer: It's adegniate for our purposes, Mr. Nolde. Councilman Nolde: I think we should be just dealing with this property, and the gravel pit shoulod be left out of it - you could come in with another request on that. Mr. Elliott: The onlly reason we are trying it in is because this property has cost us a hell off a Lot of money - we feel it would be a fair exchange. Councilman Powell: Het's defer this decision until the llth of October. Engineer: I will gett hold of Mt. Banister and confer with him - I would have done so sooner but he has been out of town. Councilman Powell: II move we defer a decision until our regular meeting on the llth. Councilman Nolde seconded the motion. (all in favor) A discussion was held at this point in regard to the gravel pit. Councilman Nolde: I think we should have our Engineering Department approve this one section here,. Why don't you leave this with us and we will have it on file and take care: of everything at one time. Councilman Powell: I. agree - if you can't approve the exchange of land now, technically you can't. approve the right-of-way either: personally I am for both of them. Administrator: Mr. Raccchini has reported that on October llth he will have the working plans ruddy for the Council to look at. It has been suggested by Mr. Racchini that 'perhaps it would be smart to advertise for bids this Thursday - three weeks: in succession, with the understanding that the bidders could pick up specifications after the 18th of October. In order to advertise for bids, if the Council sees fit, I would have to have authority from the Council to do so. Bidds would be returnable on November 16, 1965. Councilman Nolde: I smuggest we follow the recommendations of our architect. The vote on the Resoluation authorizing the Clerk to advertise for bids for a new City Hall was as follows: Councilman Iverson: No councilman Nolde: Yes Councilman Peterson: Yes Councilman Powell: Yes Mayor Charlsen: Yes Administrator: We aree talking about building a City Hall, fire station, etc., where are we going with the street garage? Councilman Nolde: Get. Ritzer's property - you would have all the fill you would need right there. ,-, Administrator: What doe you think about the land for distance? • • :340 • (October 5, 1965-continued) • Engineer: It's a :Little bit far removed. Councilman Nolde: I£ the dung ever moves that would be the ideal place for a City garage. but; as far as fill, you are still going to have to go out and get it. There is it building on Ritzer's property that cost $10,000 to build, you can buy that amid about 54 acres for $17,000 or $18,000. Mayor Charlsen: Eiraie Williams has some land on Highway 96 - is that closer? Councilman Peterson: No, it's farther. Councilman Nolde: kith the way the area is building up, you can't go in and put in a City gara:ye or pit - before an area is built up is the, time to do it. Councilman Peterson: We are going to need fill - there is no question about it. Councilman Nolde: lie would have to check it out. Engineer: For the! Last three the Welter pit snot bought it Mayor Charlsen: WMhy not have advantageous. of four years we have had our gravel crushed in from him: in 1968 they have to be out of that pit. Ron look around and find something that's more Administrator: We have one ideal situation - the Welter pit in Oak Park. Mayor Charlsen: Yasu can't mix tar in there with houses around there. Administrator: We could get a non -conforming permit. What is your opinion, Ron? Engineer: Noelter'•s trucks are in and out of there all the time. Councilman Powell: I Trove that the City Attorney and the City Engineer and a councilman, or twwo if necessary, be permitted to inquire as to the purchase of land suitable foor fill. Councilman Iverson seconded the motion. (all in favor) Councilman Peterson: I move that Councilman Nolde be appointed. Councilman Iverson seconded the motion. Councilman Powell: Not to get to anything real distasteful, but are we going to negotiate with Aemundson and get that dam completed? Engineer: I thought we had permission to go ahead with that. I can make no guarantee 1t will bee done this fall. Councilman Holds: 'PIe already filled in fifty feet - could we complete it if we did it now. Councilman Powell: I think we owe it to the people that began this thing - if we are going to *use scrap fill, let's put it in there. Administrator: It Ihas been suggested by Mr. Racchini that the City request an extension on the option to the Federal government on this property from June 1, 1966 to 8epttember 1, 1966. This is a safeguard: he feels that it should be completed In August, but we talked with Mr. Knapp and he has indicated that he cane see no objection to this extension. The post office department has in thte past, granted such requests to municipalities. • • e • (October 5, 1965-continued) •340. 400 Councilman Nolde: I move we follow the recommendations of our architect and request that the Fedeeral government grant us an extension to September 1, 1966. Councilman Powell seconded the motion. (Councilman Iverson was opposed) Administrator: M. Raacchini was here the other day and he reminded the Clerk that he has no contraect with the City. Councilman Nolde: I move we negotiate for signing a contract with the architect. City Attorney: There_ are a couple of things I would like to change - I will bring it up on Octobear llth and the Council can look it over. Councilman Nolde: He. is entitled to a contract if he is working for us. Administrator: Then 111r. Racchini reminded us that up to this point he is entitled to about 40%: of his 10% after he has completed the working drawings; I informed him we don , t have any money now. He said could we spare-67,000 because he had to pay .his men and was running short. Administrator: This its the problem: we don't have any money in the building fund at this time; doses the Council wish to sell certificates or borrow from sewer revenue and repay when the bonds are sold? Mayor Charlsen: Why can't we borrowfrom that and pay it back with interest? Administrator: We woumld have to disturb some of our investments, Councilman Nolde: Why! don't you call Peter and ask him if he would be satisfied with a contract and teen him to go to a bank to get the money to operate the business? Mayor Charlaen: Why sloould he pay 6% when we actually owe it to him? Administrator: When tllis contract is executed, he is entitled to a certain amount of percentage. Councilman Powell: Whyy not disturb investments and pay it back? You can invest some of it in 90 day certificates of deposits. Councilman Peterson: Ym.e may as well disturb the investments and pay the sewer revenue fund 5 or 51/2% *interest. Administrator: Then we shall not concern ourselves with it until he actually signs the contract? Also, in checking into the matter whether it would be advisable to sell bonds and invest the money, II was informed that this is the worst time to sell bonds at a reasonable rate oil interest; right now it's bad. Administrator: The next item is the matter of hiring a full time inspector on the project; the architect will came out two times per week, but if we are going into winter constructioma we should be sure to have an inspector at all times. There is a man by the nures of I. L. Moe, now on Social Security, who would take the job as full time inspector for $5,000. Mr. Racchini estimates that a full time inspector would gett about $8,000 or $9,000. Councilman Nolde: No, sir! We have a qualified man right here in the City. City Attorney: It has Caen stated that we are going to have a warm winter - you wouldn't need an inspector much. e • • �- (October 5, 1965-continued) i ;j' • e Mayor Charlsen: Mr. Mo«• has worked for the Federal government for the past five years, you know. Councilman Powell: The! fact that he has been a general contractor does qualify him, but I don'tt say Chuck isn't qualified; $5,000 is a lot of money. Councilman Powell: Do 'you have a recommendation, Ron. City Engineer: No, sir:. Administrator: Peter hail a long discussion with Mr. Moe, and said he is terrific. No further discussions was held on this matter: no decision was made. Administrator: The Firs Chief and the Public Safety Director have made a recommendation on the poarchase of hose. The hose they recommend purchasing is from C. F. Coyer & Associates; they bid two types of hose - one at $1.20 per foot, and one at $1:.50 per foot; this is the one they recommend the Council purchase. All :bids meet specifications, but this particular bid of $1.50 is supposed too be a much better hose. What do you feel, City Attorney, if the low price of $1.20 meets specifications should you accept that bid? City Attorney: Tes - o:.r reject them all. Councilman Powell: I move we defer this until the October llth meeting. Councilman Nolde secondded the motion. (all in favor) Administrator: The mattter of the Cematone people wanting to remove gravel in the Fairmeadows area: is next; the Engineer will explain. Engineer: The Cematone! company would like to come in here and take some of the gravel out of here, they would then use it to mix with gravel at their plant and they will adhtere toanything the City requests. They will also furnish a bond to cover• any expenses that would be incurred to cover it back over in case they fail .to do so. Councilman Nolde: I mo-.ve we grant all necessary permits to do this. provided they find a way to cut : across behind the farm. Mayor Charlsen: Please: remember your zoning ordinance - it states you cannot have a gravel pit withi:.a the City limits. City Attorney: A man caw: improve his own property. The City Attorney reaud from Ordinance No. 383, SecUon 17, and Section 21, paragraphs five quad seven; also amendment Ordinance No. 386. Attorneys It should be: taken into account on special permit; notice should go to allpeopls within :300 feet. Mr. Eckberg said there are no people within 300 feet of the area they intend to work on. If the City Engineer laid out exactly what he could deb, the Council could grant a special permit under notice, or under Ordinance No. :386. Mayor Charlsen: Why doua't we give this to the Planning & zoning Commission? Councilman Nolde: The °Council should take a stand on it one way or the other; we should be for or against it. • • (October 5, 1965-continued) 343\\ • Mayor Charlsens Then you should do away with the Planning & Zoning Commission. Councilman Molds:,: I think you should. Mayor Charlsens I don't agree. Councilman Noldeu Well, I agree: Mayor Charlton: Well, it's nice that you agree with yourself. Councilman Powel11: Is it possible to do this according to the ordinance? Attorneys If yont feel it is depriving the owner of the most advantageous use of his land I morale/ say you could. Councilman Powel_1: He should then level it off. Councilman Holden The time is coming when you are going to have a hell of a time getting gravel. We have to answer to the people, the Planning & Zoning Conmissionn doesn't have to answer to the people. Mayor Charlsen: What do you want to do? Councilman Powell:: I move that a permit be granted for them to haul gravel from the high pontion of our land so it can be made usable for future construction, not withstanding that they follow the specifications of the Engineer set forth by the Engineers &apartment, and that a bond be posted. Engineer: I wound limit that high portion (description should be changed). Councilman Powell/ then withdrew his motion. Councilman Nolde:: We can't do anything now because the description doesn't match with what they told us they were going to do. We have denied it for the time being bemoans of the description. On motion of Connect/man Nolde, seconded by Councilman Iverson, it was agreed to enter into a Rleciprocal Fire Service Agreement with twenty-two surrounding communities. (Sees minutes of September 21, 1965) The City Engineer: submitted the following report for Council consideration: Mr. Rivard •would like to have the City fill over the entrance to the Longs Lake Road and construct a culvert under his drive entrance frron Olive Street to prevent the storm water from washing debsris and water upon his property. This situation is creating a Ihardship on him. By hauling approximately 20 loads of fill, malting a bituminous gutter and installing a culvert under his d:irivaway the situation could be rectified to a large extent. Councilman Nolde: I move that we go ahead and do that. Councilman Iversosn: The County is going to tear up that whole road next year. Councilman Petersoon: If the guy is going to have his sewer cut up I don't know what we can to. Councilman Peters©a:: I move that the City Engineer be instructed to go ahead and do whatever its necessary to alleviate the situation in the most economical manner. • • 344 • Ccuncilman Powelll seconded the motion. (all in favor) The people that are planning on building the nursing home on Stillwater .Avenue between Wilkins and Owens have requested that we establish a grade for Stillwater Avenue and Wilkins Street so tstey nay construct the building accordingly. This 1 feel shou.d.d be done; and the Engineering department_ will proceed to .do so. Councilman Holder: What happens if we do all this and they don't build nursing home? Engineer: We arenot going to cut the street through or anything. Councilman Nolde: permit. Engineer: This is: Councilman Nolde: a This should be held up until they at least get a building something that will have to be done eventually. I save the City Engineer be instructed to do this. Councilman Peteremn seconded the motion. (Councilman Iverson abstained from voting - all otheres in favor) The street surfacing, curb and gutters are all in in Lakeview Terrace Addiction. The construction has been checked and approved by this department. However, I feel that there is insufficient backfill on .the north side of the curb on that portion of the street that •saes East and West on the north edge of the addition. Mayor Charlsen: paid you talk to Swager about it? Engineer: Yee, Bias. He is trying to get Peter Miller to go in and rectify the situation. Councilman Nolde: Did the State approve it? Engineer: Cur water board approved it. Councilman Nolde: What happens now if that breaks down - the City has nothing to do with it if ammething breaks down up there? Engineer: No. Mayor Charlsen: That's a private road until such time as the plat is approved. Administrator: Another day has been spent in Court on the case with the firemen - it has been continued again - we don't know until when, as the judge is not availaLble. Councilman Nolde gave a brief report on the Seifert property as a possible site for a new City dump. (October 5, 1965-continued) 345� RESOLUTIONS The following resoluutione were on roll call, adopted; 1. Authorizing Clank to Advertise for Bids. (New City Hall and Fire Station) 2. Authorizing purachase of Easements (Slope Basements - Nicholas A. & Rose Junkers Robert .;d. & Donna B. Monahan; Harold M. Feeley - to City of Stillwater) ADJOURNMENT Lman M lde seconded by Councilman Ivoreon, the meeting On motion of Councilo . adjourned at 11:25 P. M. Attests City Cllerk Mayor Shy - 1346 e • Council Chamber Stillwater, Minnemsata October 11, 1965 7:30 P. M. Regular Meeting The meeting was called to order by President Charlsen. Opening prayer by the City Clerk. Present: Council:Men Iverson, Nolde, Peterson, Powell, and President Charlsen. Absent: None On motion of Councilman Peterson, seconded by Councilman Powell, approval of the following :minutes was carried over to the next meeting of the Council: Special Meeting Special Meeting Regular Meeting Special Meeting Regular Adjourned5 Meeting July 27. 1965 2:00 P. M. July 30, 1965 12:30 P. M. August 10, 1965 4:30 P. M. August 20. 1965 4:30 P. M. August 30, 1965 7:30 P. M. Mayor Charlsens C imagine that a lot of you people are here about the discussion of rezoning a certain place of land along the river. (Aiple property) I am going to rac_oonsn.d that this be carried over as we have seven pages on the Agenda tonight. I would' like to recommend to the Council that we carry this mattes over until November. Councilman Petersaon: I move it be carried over until November 2, 1965 at 7:30 P.M. Councilman Powe11! seconded the motion; the vote was as follows: Councilman Iverson: No Councilman Noldes No Councilman Peterson: Yes Councilman Powell: Yes Mayor Charlsen: Yes APPLICATIONS On motion of Councilman Molds, seconded by Councilman Iverson, an On Sale 3.2 Neer License was granted to Donald F. Mosivan and Glen L. Marloske, 317 South Main Street, for a period of one year. (Renewal) On notion of Councilman Nolde, seconded by Councilman Powell, Amusement Machine Operator's Licensee, and Music Machine Licenses, were granted to Leonard Anderson, 527 Wisconsin Street, Hudson, Wisconsin, for a period of one year. (Renewal) • (October 11, 1965-continued) ,347 • • On motion of Counciilman Nolde, seconded by Councilman Powell, the following licenses were granted to Leonard Anderson, 527 Wisconsin Street, Hudson, Wisconsin, for a period of one year. (Renewals) Amusement Maoehine Operator's License Music Machine Licensee On motion of Councii iman Nolde, seconded by Councilman Peterson, the following licenses were granted to William L. Wert, 308 South Wain Street; Arnold Tesemer, 1903 Stilllwater Avenue, St. Paul, Minnesota; and George Wohlers Company, 709 west Stertle Street, Stillwater, for a period of one year. (Renewals) Amusement Maechine Operator's License Music Machine Licenses Amusement Maaltine Licenses COIEWNICAT1ONS From R. W. McGarry„ 2213 Oak Ridge Road, expressing appreciation to Council for their efforts iiniecuring the replacement of stop signs near Oak Ridge Road on Olive Streeet. From Northern States Power Company in regard to rates for street lighting service. (Effectivve April 1, 1967, new street lighting rates will commence) Councilman Powell mewed that the matter be tabled until the Council has an opportunity to meet: with NSP representative; Councilman Nolde seconded the motion. (All in faavor) From Mrs. Walter W. Walker, Chairman, Governor's Citizens Council on Aging, announcing a series; of meetings on the subject of Houseing for the Elderly. (Anoka, Minnesota - . October 28, 1965) Administrator: Them are asking that the Mayor be present, or designate someone to attent this conference. Councilman Nolde: :I move we send Councilman Iverson. be Councilman Iverson: I will/going anyway. Councilman Nolde: II move we ask Councilman Iverson to represent the City of Stillwater at this meeting. Councilman Peterson -seconded the motion. (All in favor) From the State of Miinnesota, Commissioner of Highways, announcing that hearing will be held with resepent to Rules and Regulations for State -Aid Operations. (October 20, 1965) Councilman Powell: I move the City Engineer attend this meeting. • 348 (catcher 11. 1965-contiinued) • • Councilman Nolde seeconded the motion. (All in favor) Prom Lyle J. Eckbe:srg, in regard to application for Special Use Permit by Cemstone Products :Company. Mayor Charlton: Hle said they would be willing to abide by any rules or regulations layed down by the City Council or the City Engineer. He made that statement at a Council meeting; this letter is just a verification. Councilman Powell:: I move the Special Permit be granted, under the msper- vision of our Cityy Engineer; if he feels a back road is necessary. that shall be enforced. Councilman Nolde seconded the motion. Councilman Peterson: The City Engineer will be the one to set down the stipu- lations? Councilman Powell= That's right. Administrator: I take it that in the event the Engineer gets a lot of heat, then he can change it. . The vote on the motion was as follows: Councilman Iverson: No Councilman Nolde: Yes Councilman Peterson: Yes Councilman Powell: Yes Prom the St. Croix: Valley Area Chamber of Commerce, in regard to new Holiday decorations. The Chamber requests permission to affix permanent brackets on light standards:. (This item was referred to the City Engineer for study prior to this melting) City Engineer: TPlis request is OK provided they hold at least 13'6" from the bottom of the ornament to the street. Councilman Peterson: I move that the Chamber be granted this permission. Councilman Iversoes seconded the motion. (All in favor) Pram the Office oaf the Clerk, Supreme Court of the United States (copy of letter to Alfred E. Proh, New York attorney), as follows: "Res Wiscoonsin vs. Minnesota, et al., No. 21 Original - (NSP Power Plant) you arse advised that the above entitled case was filed on September 23, 1965, and sixty copies of your brief opposing tine motion for leave to file, with service, should reach this office by November 22, 1965." City Attorney: this letter was addressed to a New York lawyer NSP has hired to argue for them. The lawyer is coming out this week to meet with Mr. Eckberg and myself, and Mr. Nelson of NSP. A lot of briefs have to be filed and it is a rather expensive procedure. I wanted the City to be ascertained of the cost and of what they are getting into. You have already authorized me to represent tthe City of Stillwater on behalf of Northern States Power - this runs into money - briefs - transportation, etc. • (October 11, 1965-continued)s 849\ • Pala Councilmen Noldess I would like to make a motion that we instruct the Admin- istrator to moot: with NW. Nelson and find our if they wouldn't help to defray some of these e;upenses. Councilman Peter:sons Can they do this? Councilman Noldes: That is the way I worded my motion. Councilman Ivers:son: I will second that motion. Councilman Peterrson: It's only fair that we look for another source of funds, Administrators II don't believe the City can expend any money for briefs or other expense ot&er than our City Attorney's salary; any costs or filing fees' certainly sttouldn't be paid by the City of Stillwater. councilman Noldees If the City Attorney is going to be sitting in some court for a week or twos we will be without a City Attorneys this should certainly be mentioned to MMr. Nelson at the same time. Administrator: II think there should be some clarification at this time as to whether or not= we are asking our City Attorney to spend full time away from private practice - there should be some clarification as far as his compensation is ceancerned, Councilman Nolde: That is all going to depend on your conversation with Mr. Nelson; if he doesn't want to cooperate we are going to have to keep him (City Attornelr) here. Councilman Petersam: I feel the same way - find our what NSP plans and then We can go from theme. (all in favor of Councilman Nolde's motion) The Administrator is to report back as soon as possible. DLEGATIONS OR IND?IVIDOAIS (out of order Mayor Charlsen: Yoe are representing employees of the Northern States Power Company office? Mr.LongsYes; we had as Lot of discussion in regard to the parking lot adjacent to the rear of the building - some time in the past our Chief Auditor made some more-or-lessagreement with the Council as to an annual rental basis for employee parking. We have about thirteen people who are interested. We would like to find our what is this annual fee - what is our responsibility as to lease arrangeement; are we liable or does the City retain liability? Mayor Charlsen: It: was mentioned at the time the subject was brought up originally - after discussion we decided we would accept a $500.00 a year lease on that property; then they said they didn't want to start paying it until a fence was pant up; this went on for a long time, but the Engineer has now taken care of that, City Attorney: If tthe City entered into a lease it would provide that tennants would save the City 'harmless; we couldn't insure the safety of their cars. Mr. Long:The cable in etbe back of the lot means that if one employee came in earlier he may be urmable to get out. We would rather be able to get out the other end. We would like your feelings on this matter so we could get it resolved. MaYor Charlsen: Can an opening be made on the other side? Engineer: Oh, sure. • (October 11, 1965-continued) • e Mr. Long: On a plrivate lot it's tough to get somebody out. (who does not belong there) Mayor Charlsen: :If this is rented to individuals for $45.00 per year - each - what kind ,of a position would that put the City in? City Attorney: It isn't the City's responsibility to post police, or pull cars out. Responsibility as to property damage is up to the individuals. Mr. Long: Who wosild maintain the lots? Councilman Nolde:: The man who has the lease. Mayor Charlsen: 'We maintain all other lots in town; we keep all the other parking lots frees of snow and keep them up; I am wondering if we shouldn't keep it up the same as the rest of them. Councilman Nolde:: Myself I don't think so.' Councilma n Iverson: What kind of arrangement does your group feel they would like to have? Nr. Long: So mu-11 a month. We want to know who is going to plow the snow; who is legally ressponsible? Councilman Iversoan: Does your group feel that they would maintain the lot? Mr. Long: Until .the back cable was put up they did, but not after that. Councilman Nolde: Maybe Mr. Schmidt could give you right-of-way to use his property back the:are. Councilman Iverso:m: I move the City Attorney negotiate a lease with these arrangements. Councilman Molds :seconded the motion. Mr. Peter Racchind, architect, appeared before the Council at this time to present working dirawings for the new City Hall and fire station. He intro- duced Mr. Adrian :Keller, of Gosman & Moore, consulting Engineers on the project. The working drawiings were examined thoroughly, Mr. Racchini gave an estimated cost for the buillding at $384,000; which, except for $7,000.00 for cost of footings, does noot include any expenses for Civil Defense Emergency Center. It was decided thee! Civil Defense matters would be left out of the picture for the time being, until such time as all necessary approval has been given by the govesrnment. It was decided toe take alternate bids on wooden windows and metal windows. The vote on the natter of carpeting in the Court Ronm/Council Chamber was as follows: Councilman Peterson: No Councilman Iverson: No Councilman Powell: Yes Councilman Nolde; Yes Mayor Charlsen: Yes A discussion was Ihe1d as to type of heating for the new buildings; a vote was taken as foll..ows: Mayor Charlsen: Gas Councilman Powell: Gas Councilman Nolde: Oil Councilman Iverson: Abstained Councilman Peterson: Oil Councilman Powell. moved that specs call for a 12,000 gallon oil tank with no • r-‘ (October 11, 1965-continued) 35L� . gas at all, he then withdrew his motion and stated that the Council he and oil cold follow the recommendastions of the consulting engineers (g bination) aded f set of planswith*the Council Council to exs amine that aminefurther. SeeiRe would leave Resolution) Mr. Racchini reported that the building would be completed by September 1, 1966. City Attorneys In ynous opinion, it's absolutely impossible to cut any of that time of the schedules! Mr. Racchini: It's good to have that extra time in there. City Attorney: We hlave to be out of here by June 1, 1966 because of the post office. Mr. Racchinis That"s impossible - a building of this type will take nine months to build. Administrator: We slave asked for an extension of time from June 1, to September 1st from thepost oftfice department. Attorney: Is there any value on having a bonus as well as a penalty clause in the contracts? Mr. Racchini: If lama have a penalty, you should have a bonus - it's not fair otherwise, but thens how will it affect your bids? Mayor Charlsens Thom Fire barn could be completed by the 1st of June? whats fa s e contractor docyou 1want htoo do as fart as the time elake too long, aement? ahTheprocedure we usualy conforming, use is to let the contractor state how long it will take - tell him time is of the essence: a penaslty clause may affect the bidding. Do you want to set up a time for him and heave a penalty clause, or do you want him to set up his own time and then set as bonus and penalty clause? Administrators Seems to be the Council's opinion that they do not favor a bonus or penalty clause. Councilman Nolde: We do not want to eliminate bidders. City Attorney: What's wrong with a penalty clause commencing from and after September 1st? Mayor Charlsen: What's wrong with putting a $100.00 a day penalty clause if it isn't done by S.;eptember 1st? Administrator: Is: it humanly possible to finish it by June 1st? Nr. Racchini: I would say no - nine months seems to be about right for this type of building. The Mayor asked tuns Council's opinion in regard to inserting a penalty clause in the contractor "s contract. Councilman Powell: No Councilman Nolde: I am in favor of following recommenda- tions of the architect. Councilman Iverson: Abstained Councilman Peterson: No penalty clause. (Octbber 11, 1965-continued) • • Councilman Nolde: Row do you find your contract, Peter? Administrator: Rigght now, how much money do we owe you? Mr. Racchini: By eke end of the week the architect's aortract will have been 79% fulfilled. Administrator: Row much money will you have coming? Mr. Racchini: RouoghLy $17,200 - round it off to $17,000. Administrator: Thee reason I asked this question is, we can borrow money from the Sewer Revenue rand for General Fund purposes and repay with interest, but for the real property fund we cannot do this. So now, do you want to authorise this evening the sale of certificates of indebtedness for $17,000? (See Resolution) Mayor Charlsen: Ise there an extra charge for inspection work? Mr. Racchini: Thatt is part of the contract, but I will not be on the job every day - just peeriodic visits. Mayor Charism: Wifll periodic visits be sufficient? Or should we get someone to be there' every day. Mr. Racchini: If yyou could get someone there at a reasonable price that would be good. Councilman Nolde: By hiring someone to be on the job every day we are working for the contractor.. Mt. Racchini: No -- you are getting a better job done. The Relations with the contractor are better too; chances of making errors are a little lees. Councilman Noldes If we turn this over to our Building Inspector and be knows the plan, do you thsLnk this would be satisfactory? Nr. Racchini: Everything would help, of course, the Building Inspector repre- sents you - your people can't enter the property any time you want; this would help, yes. Is your Inspector going to be too busy to be there? Councilman Nolde: lfhis is very important to the City. Administrator: In :your opinion would it be wise to have a full time inspector on the job or the i:.aspections as you make them - would that be sufficient? Councilman Powell: The Engineer and later the Building Inspector could alter- nate so that everyd:hy someone ie there. Could you go over there for an hour or hour and a half :t day to see if everything is going alright? Can you afford that time? Engineer: Probably • up until spring. ADMINISTRATOR'S REPOSE!? The Administrator rased the monthly financial report and stated that for the first time the City would not carry over a General Fund balance into the next year. Councilman Powell: Probably the reason we are overdrawn is because of the flood and bad weather conditions. is that true? Administrator: Yes,. I would say part of it is due to the flood. • • (Octbber 11, 1965-continused) • • Councilman Noldes Hole do you find your contract, Peter? Administrators Right: now, how much money do we owe you? Nr. Racchinis By thes end of the week the architect's contract will have been 75% fulfilled. Administrator: How mach money will you have coming? Nr. Racchinis Bought:1v $17,200 - round it off to $17.000. Administrator: The n:eason I asked this question is, we can borrow money from the Sewer Revenue fungi for General Fund purposes and repay with interest, but for the real property fund we cannot do this. So now, do you want to authorise this evenings the sale of certificates of indebtedness for $17,000? (See Resolution) Mayor Charlsens Is titers an extra charge for inspection work? Mr. Racchini: That itt part of the contract, but I will not be on the job every day - just peris.odic visits. Mayor Charleen: Will . periodic visits be sufficient? Or should we get someone to be there every day. Mr. Racchini: If you could get someone there at a reasonable price that would be good. Councilman Nolde: By tiring someone to be on the job every day we are working for the contractor. Mr. Racchinis No - you are getting a better job done. The Relations with the contractor are better too: chances of making errors are a little less. Councilman Noldes If we turn this over to our Building Inspector and he knows the plan, do you think( this would be satisfactory? Mr. Racchinis Everythning would help, of course, the Building Inspector repre- sents you - your peoplle can't enter the property any time you want: this would help, yes. Is your Inspector going to be too busy to be there? Councilman Nolde: Thi.is is very important to the City. Administrator: In your opinion would it be wise to have a full time inspector on the job or the inspections as you make them - would that be sufficient? Councilman Powell: Tine Engineer and later the Building Inspector could alter- nate so that everyday someone is there. Could you go over there for an hour or hour and a half a dliay to see if everything is going alright? Can you afford that time? Engineer: Probably upc until spring. )1DMINISTRATOR'S REPORT' The Administrator readl the monthly financial report and stated that for the first time the City wo:e:ld not carry over a General Fund balance into the next year. Councilman Powell: Probbably the reason we are overdrawn is because of the flood and bad weather conditions, is that true? Administrator: Yes, I would say part of it is due to the flood. • • (October 11, 1965-continued) 3531• Councilman Powell: Th.1Ls should be brought to the attention of the legislature and maybe we could get: some relief. Mayor Charlsen: You can't settle it tonight, but give it some thought. City. Engineer: The constable for Stillwater Township wanted to know if we could go along with theca on closing the Long Lake Road. They are going to put signs up on the west end saying °road closed°7 I. told him I would bring it up tonight. I think we couuld put up a dead-end sign. On motion of Councilman Molds, seconded by Councilman Powell, the Engineer was directed to cooper:ste with Stillwater Township officials in this matter. On motion of Councilmaam-.Nolde, seconded by Councilman Powell, Donald Newmann, 1111 North Second Street, was granted a reduction in his sewer rental charge - from $7.00 to $5.00. ADJOURNMENT On motion of Councilman Iverson, seconded by Councilman Peterson, the meeting adjourned to Wednesday:, October 13, 1965, at 4:30 P. M. This portion of the meeting closed at 12:219 A. M. Attest: City Clerk. Mayor e 354 • • Council Chamber Stillwater, Minnesota Regular Adjourned Meeting The meeting was callad to order by Vice President Powell. October 13, 1965 4:30 P. M. Present: Councilmen Iverson. Molder Peterson, and Vice President Powell. Absent: Mayor Charllsen - vacationing. Vice President Powelll: We passed up the approval of the minutes at the last meeting. Councilman Molds TThe statement that our Honorable Judge McDonough made should be in the minutes of the August 20, 1965 meeting; he said "a man's rights are incidenteal" and I think the minutes should show that. Minutes of the following meetings were then approved: Special Meeting Special Meeting Regular Meeting Special Meeting Regular Adjourned Meneting PETITIONS July 27. 1965 July 30, 1965 August 10, 1965 August 20, 1965 August 30, 1965 2:00 P. M. 12:30 P. M. 4:30 P. M. 4:30 P. M. 7:30 P. M. 1. From Fairview Cemete::ry Association; and Robert Norgren and James L. Simpson. d/b/a J e B Realti Clo., requesting annexation of certain land to the City of Stillwater. The petition was acc.epted; an ordinance will be drawn and a first reading will be held at a futture meeting. 2. From Thornton G. Simppson, Eugene A. Lehmicke, and Marian E. Lehmicke, re- questing vacation of: part of East Poplar Street. Vice President Powe1:.L; Is everybody acquainted with where this property is located? Councilman Peterson: Aren't there more than just two property owners? Councilman Nolde: A:!ter that terrific downpour, some of the property owners wanted Mr. Banister ;and the City Engineer to see if they could pay for some of the damages. If tthe City owns it, we should't have to pay for anything. Councilman Iverson: we have to have a public hearing anyway. Vice President Powel_1e Is it true if a street were vacated we would be responsible for it if water woulod run over it and cause damage? City Attorney: You mare taking the property as it is. Councilman Iverson saved that the matter be tabled until the 2nd of November. Councilman Peterson seconded the motion. (All in favor) 3. From four property owners abutting upon Union Street, requesting reconstruction or repair of Union Sttreet between Chestnut and Myrtle Streets. Councilman Iverson moved that the City Engineer proceed with preparing plans; Councilman Peterson seconded the motion. (all in favor). • • (October 13, 1965-continued) • �55�` e UNFINISHED BUSINESS Administrator: In regard tto Lot #3 (part of new site for municipal buildings) Mr. Eckberg and Nr. Eastwood have been meeting with Mr. Bliss over a period of time trying to acquire a part or all of Lot #3; it seems that Mr. Bliss is unwilling to come to aye kind of terms. This title should be cleared up as soon as possible. When we start construction we don't want any interfer- ence. It has been suggested that the Council authorise condemnation proceed- ings against Lot #3 and past of the lot owned by Sheldon Smith (Lot 8). City Attorney: I just talhked to Mr. Eckberg this afternoon; we discussed the Smith property and he said be doesn't believe we should join Sheldon in it; he thinks he has it straigfttened out. Bliss doesn't own that property - we own it, but he has a deed. We should start proceedings. Councilman Peterson: We cash go ahead with construction of the building and not worry about trespassing32 City Attorney: Yes. Administrator: W. Bliss teas a State deed, but he has never paid any taxes on that property. Councilman Nolde: I move we instruct the legal department and Mr. Eckberg to go ahead and follow the necessary steps to condemn this property. Councilman Peterson secondeed the motion. (Councilman Iverson was opposed) The Administrator submitted) the final draft of the Contract between the City and Wilfrid B. Cormier, Fire Chief. Councilman Nolde moved that the City enter into the contract; Com:ncilman Iverson seconded the motion. (All in favor) The following items were canrried over from the October 5th meeting: 1. City owned propertty in Grant Township. Administrator: As close as we can figure, we have about $3,500 invested in this property .including the .road construction that was started. Mr. Nicholson called today and asked if the Council had done anything about it. He asked if the Council would take 1•.ess than $3,500; I said no, and he said he would take another look at it. Councilman Iverson: As far as I am concerned, we should take what we have in it. We would have to take bids. Administrator: The City attorney feels that is the best way to do it. We paid $3,152.00 for the property. Councilman Iverson: I move we advertise for bids with a minimum acceptable price of $3,500. (Bide ret:nrnable on November 9, 1965 - 4:30 P. M.) Councilman Nolde seconded the motion. (All in favor) 2. Street garage - Enngineer was to look for possible new location. City Engineer: I haven't foxed anything yet. Councilman Powell: The property in Grant Township isn't suitable? Engineer: No - it's way tom far out. Administrator: Do you still/ favor the old dump site? Engineer: Yes. • • • (October 13, 1965-continued), 35G • • Councilman Peterson: Would you mix blacktop out there too? Engineer: Sure - we wonald try to consolidate and have everything at one place. There is an advantage there because trucks could swing both north and south. Councilman Powell: You Savor the dumpsite, and don't know of any other available site? Engineers Not at the present time - unless you want to acquire some land. Councilman Nolde: Now ]long would it take to draw up a plan for a garage at the dumpsite? So when woe sell bonds we would know how much the garage would cost and could include adt in the bond issue. Engineer: We could have a fair estimate of cost when you: open bids for the municipal buildings. Councilman Peterson: I will move that the City Engineer be instructed to draw up rough plans and estimates to be available for November 16th. Councilman Nolde secondeel the motion. 3. City gravel pi..t - Councilman Nolde was to look for possible location. Councilman Nolde: The City Engineer, Administrator and myself drove out and looked at the Ritter proyperty - it was raining so we didn't look over the whole area - it did look as though there was quite a bit of gravel. The Engineer suggested we send someone out to test the gravel and see if there is plenty there. Is this your recommendation? Engineer: That would be it, yes. Councilman Iverson: Coulld we enter into an option? Negotiate price with the stipulation that we an going to have it tested and if it doesn't meet your approval the option would not be good? That way we could get the price nailed down anyway. Councilman Nolde: He wanted $18,000 but I think we could buy it for $16,500 or $17,000. Councilman Iverson: I mows the City Attorney be directed to negotiate this with Al Ritter, and that :he report on his progress at the November 9th meet- ing. Councilman Molds seeconded the motion. (A11 in favor) 4. Exchange of Cit'ty property for NSP property. Vice President Powell: YYou all had a chance to give this some thought. The Engineer submitftted maps and a discussion was held on location of property. Engineer: Mr. Banister aloes not recommend giving up that property. I would like to recommend that Northern States Power Company be contacted and informed that we need more clarifiication, dimensions, etc., so that we have some idea where this is. Mr. Benisster says you might, if you want to, give them a lease so that they can run their track through. If this can be worked out, give them a lease recallable asEter one year's time - a twenty year lease or whatever you want, but with one yeaar's notice. Councilman Powell: What .is your recommendation then? City Engineer: My recommesndation is to have them give us a better drawing of this so we can locate exaoctly this track, etc., and also clarification on the north line which does rot jive with what we have. Vice President Powell: Wtrten we get it, their engineers should work with our engineer so they understarnd each other. • • • (October 13, 1965-continued) 357 1 • • Councilman Nolde: I movie that the City Engineer be instructed to contact NSP and request their Engineeering Department to prepare and deliver to our Engineer a detailed plan of that area, and that NSP Engineers go over it with our Engineer so that everythaing is understood when they come before the Council. Councilman Peterson seconnded the motion. (All in favor) Engineer: one other recommendation Mr. Banister would like the Council to consider on this land situation — that you maintain the right of ingress and egress on the south end of our property. 5. Awarding of Biles - Fire Hose Administrator: This is a matter of the Chief and the Public Safety Director making a recommendation on fire hose which was not really the lowest bid. City Attorney: They arcs compelled to take the low bid. Chief Cormier: On the Low bid - three companies bid approximately the same price on fire hose, but it isn't worth a darn. It would be all right if we were buying this amount of hose every year. There is no way you can set up the specs differently. Councilman Nolde moved t:_hat the recommendations of the Fire Chief be followed; Councilman Iverson seconded the motion. The Attorney said he wou.Ld like to check the bids further. Councilman Nolde withdre,r his motion; Councilman Iverson withdrew his second to the motion. City Attorney: I would -recommend that you reject all bids. Councilman Peterson: I ;move that we follow the City Attorney's recommendation and that we instruct the: Fire Chief to buy the type of hose he requires - as needed. Councilman Iverson seconuted the motion. (All in favor) 6. Awarding of Bids - Workmen's Compensation Insurance City Attorney: I recommend the bid be awarded to the McGarry Agency. There was some argument in this, but McGarry used the specs as put out by the Council - he followed the specs right to the letter. The other man went ahead and got the new experience retina' and used that. On motion of Councilman Iverson, seconded by Councilman Peterson, the bid on Workmen's Compensation I::asurance was awarded to the McGarry Agency. (All in favor) NEW BUSINESS On motion of Councilman 'Ilolde, seconded by Councilman Peterson, the following change order on South Siaxth Street was approved: Change order No. 1 Contractor: Local Improvement Clio. 54 Erwin Montgomery Construction Manhole castings sand placing of gravel over the entire exocavated area TOTAL $306.30 (See Estimate No. m - September 29, 1965) • • • (October 13, 1965-continueed) 358 • • On motion of Councilman Iverson, seconded by Councilman. Nolde, the following change order on Soutth Brick Street was approved: Change Order Mo. 1 Contractor: Local Improvemeent No. 53 - 1965 Moelter Construction Co. Inc. 28 Cu. Yds. S6tone Base Fill in place :p 10.00/c.y. = $ 280.00 2 Each TTree Removal 9150.00/ea. = 300.00 TOTAL $580.00 On motion of Council:.nan Nolde, seconded by Councilman Iverson, the following change order for thee Peaslee parking lot was approved: Change Order N,10.. 14 Contractor: Parking Facili-.ties Improvement Tower Asphalt, Inc. NATURE OF CHANON E All work on thee Peaslee Bus Garage Lot (Lot No. 3) including excavation, fill, gravel base, surfacing, concrete sidewalks and drive entraances, concrete curbing and bituminous curbtinq. TOTAL $9,964.91 This was in the origiunal bid letting, but the building was not down so they could not estimate thie cost. On motion of Councilman Iverson, seconded by Councilman Nolde, the Building Inspector's Report coowering activities during the month of September, was approved. On motion of Councilman Nolde, seconded by Councilman Peterson, the following collateral, pledged b'.r the First National Bank of Stillwater to secure City deposits, was approvee!i: $100,000.00 - rite Federal Home Loan Banks Consolidated Note Ser. A-1966, Da-ited 2-15-65; Due 1-17-66 - 4.20% -On motion of Councilman: Nolde, seconded by Councilman Peterson, the following collateral, pledged byy the American National Bank & Trust Company of St. Paul to secure City deposiens, was approved: $150,000.00 - Irsd. School District #624, Ramsey, Washington & Anoka Counties, Minnesota (White Bear Lake), Refunding Bond of 1965. 30 9 $$5,000 - Due 5-1-73 - 3.20%. $30,000.00 - Indi. School District #139, Chisago & Pine Counties, Minnesota (Rush City) School Building Bond of 1965. 30 (al $1,000 Due 8-1-74 - • • (October 13, 1965-continued) • 859. • AM On motion of Counc:iLman Nolde, seconded by Councilman Peterson, the following collateral, pledgeed by the Cosmopolitan State Bank of Stillwater to secure City deposits, wars released: $5,000 Doue;ries, Grant & Otter Tail Counties, Minnesota, Joint independent: Consolidated School District No. 57 o: Douglas, Grant & Otter Tai:.L Counties, School Building Bond of 1952, 2.75% #122/6 • 1M ea., dile 10-1-65. $5,000 Hennepin County, Minnesota, Meadowbrook Independent School District Noe. 89, 1.50%, School Building Bonds of 1946, #159/63 Cad 1M ea., dile 9-1-65. On motion of Counueilman Nolde, seconded by Councilman Iverson, the following insurance policy .as approved: Police No. LA 655558 - Automobile Physical Damage Policy City of Stillwater :k Board of Water Commissioners - Total premium - $937.00 (Hartford Fire Insurance Company) On motion of Coune.eiLman Peterson, seconded by Councilman Nolde, the following insurance policy vvas approved: Policy No. e4LC 535908 - Comprehensive General Automobile Liability Policy - Cifty of Stillwater - Total advance premium - $7,884.00 (Hartford Ao.ecidert and Indemnity Company) The Administrator reported that the Public Safety Director wanted permission to investigate thee natter of mounting the aerial ladder on a trailer, so same could be used for fire and other purposes. On motion of Councilman Iverson, seconded by Councilman Peterson, the Admin- istrator was askeod to inform the public Safety Director to look into the possibilities andl report back on November 9, 1965. Administrator: TPde Fire Underwriters are making a survey of Stillwater now - if there is any ebnange to make in our classification they would give us a year to bring our:seives up to date. Councilman Peterse:on: Have they seen the plans for the new building? Chief Cormier: TPAey have. Councilman Iverson: When do they anticipate completing their report? Chief Cormier: B"y next week. They seem to have approved everything we have set up, but they edon•t like the six man department. We get credit for the policemen we have partially trained now, but it takes four policemen to get credit for one trsained fireman. They figure we are supposed to have twenty men in the department - a chief and nineteen men, and are supposed to respond at any given City location with two engines and a ladder truck with three men on each piece of eequipment. We are going to get credit for our communications system. Also, thee ladder truck was rendered obsolete in 1951; it was their suggestion, if at all possible, that we should get an aerial truck at the time we move into the anew station. As far as price - I already have estimates. The • • (October 13, 1965-continued)0 `360 commercial chassis ruins for $35,000 to $40,000, and it's $40,000 to $45,000 for the custom job. whey suggested, and it is also my contention, that you wouldn't want anyone totclimbntsthose seeladderse ers nrththe voold varnishtruck age. haven't been tested in yearsthere would be a serious problem. you had to carry somebwey out of a o building,that I They also rin contactt we put a state on t4, and in the cary liked drive so would be in contactt with the station at all times. They tions system between the police department and the Sheriff's office - the radio system passed steal good. There was also mentioon of a fire prevention code in 1951, but nothing has been done. The City. of Stillwater har nothing to go on on as far as ado fire prevention code - no, ordinances on burning. There is nothing we a fido unless the Council sets up a code or burning ordinance. They ggwell here. vention ordinance ann3 I can get 10 free copies - there is a full fire prevention code and also a brie Eer code which probably would cover our City very If I may have permission to write for these 10 copies we would all have a copy and you could see wknat you think of it. ity did ave a rning Charter; theoordinancerwas very old; Cbut was still inn effect ordinance the (Page 192 of the City Charter) Vice President Powelll: That was a nice report; the Chief should have his recommendations sulm:itted again at budget time. The Council was reminded that terms of the following Planning & Zoning Commission members will expire:, on December 31, 1965: Myron Melstrom Glenn Johnston Domeld Carlson C. D. Hourdaghs Vice President Powell stated that the council members should keep this in mind. Administrator: We have received a request for a storm sewer at Oak and Hemlock. Engineer: The cos-:t is estimated at a little over $1,800. I might add that we did not get an •estimate from Dunkley Surfacing Co. Councilman Iversom: Can we do it out of the permanent Improvement Fund? Administrator: Ildf it goes over $1,000 we have to advertise for bids. Councilman Nolde: Couldn't he get a change order? Administrator:0 :aa1badally, the situationpandle in I thinke itrshould beecorrected.a storm sewer, butro burrow they have If the guy is reasonable, could we get a change order or Councilman Nolde: something? City Attorney: I: don't know. Engineer: This its an extension of the original bid. Councilman Nolde:: i would like to move, if this can be worked out with the City Attorney ands the Engineer's office, that we go ahead and do it: if we can't, we can't. Councilman Iverson seconded the motion. (All in favor) • • • • • (October 13, 1965-continued) • 36 ` • • Vice President Powell.: At the League of Minnesota Municipalities meeting, I asked the question about contracts with private parties for a land fill dump - New Brighton has two, and no fees are paid by the City. This is something we should bear in mind when we negotiate for a land fill dump. Administrator: Did any of you gentlemen ever enter into an agreement with Mr. Peaslee to the ef'_Eect that we would give him three free parking spaces? All answered in the negative. ORDINANCES None. RESOLUTIONS The following resolut-tons were, on roll call, unanimously adopted: 1. Directing the payment of Bills 2. Approving Employment - Lavonne Simon - $250.00 per month 3. Accepting Work - :LI #52 (Watermain - Marsh to Hancock on South Sixth Street) 4. Accepting Work - :Li # 54 (Sewer and Watermain - Marsh to Orleans on South Sixth Street) 5. Accepting Bids - TWorkmen's Compensation, and General Liability Insurance. 6. Accepting petition and Ordering Preparation of Preliminary Report (Union Street) The vote on the hollowing resolutions were as follows: :Councilman Iverson: No Councilman Nolde: Yes Councilman Peterson: Yes Councilman Powell: Yes 7. Authorizing City .Attorney to Take Necessary Steps to Condemn Bliss property (Lot 3) in Conner: ion with new Municipal Building. S. Authorizing Sale !of Certificates of Indebtedness ($17,000 for architect) AD.WURtown On motion of Councilmen Nolde, seconded by Councilman Iverson, the meeting adjourned at 6:30 P. .W. Attest: City Cleric Mayor • 362 • • • Council Chamber Stillwater, Minnesona Special Meeting The meeting was ca1T_led to order by Vice President Powell. Present: Councilmen Iverson, Nolde, Peterson, and Vice President Powell. Absent: Mayor Charlsen. October 18, 1965 4:30 P. M. Councilman Nolde: :I move that we accept the estimated cost of our City Architect, Peter L. Racchini, of $384,000.00 as being the determined estimated cost by him of the new City Hall and Fire Station. Councilman Peterson. seconded the motion; the vote was as follows: Councilman Iverson: No Councilman Nolde: Yes Councilman Peterson: Yes Councilman Powell: Yes The Administrator tBfien read the following resolutions; 1. Accepting and Approving Plans and Specifications and Directing Clerk to AAdvertise for Bids (City Hall and Fire Station) 2. Authorizing Employment of Special Counsel (Lyle Eckberg to assist in condemnation proceedings of Bliss property - see Resolvution No. 2815. The vote was as folllows on the above resolutions: Councilman Iverson: No Councilman Nolde: Yes Councilman Peterson: Yes Councilman Powell: Yes A discussion was helot at this time in regard to the dump problem in Stillwater. The question was askoed if Mr. Leighton Charlsen was in a position to proceed with his plans for a. Land fill dump. Councilman Iverson: Call him and ask him if he is going ahead with it. The Administrator tr:led to reach Mr. Charlsen, but couldn't; be then called Mt. Howard Albertson., Mr. Albertson stated, "your guess is as good as mine ; the case is coming next Monday (in District Court) for a setting". Vise President Powrl.l: Let's wait until we hear from Mr. Charlsen. The Administrator wa:d directed to keep the Council informed. ADJOURNMENT On motion of Councilman Iverson, seconded by Councilman Nolde, the meeting r • • • • n (October 18, 1965) adjourned at 5:13 PC. M. Attests Mayor • • Council Chamber Stillwater. Minnesota Special Meeting The meeting was calledB to order by Vice President Powell. October 20, 1965 5:15 P. M. Present: Councilmen 'Iverson. Nolde. Peterson, and Vice President Powell. Absent: Mayor Charlseem. Mt. Howard Albertson was also present. Administrator: Mr. Albertson is here by invitation concerning the Wild River Bill; he has some information, along with the City Attorney, which I believe you gentlemen should know about, and should take the appropriate action. Mr. Albertson: This Ibill has been passed by the Senate, and is now in the House - hearings are *coming up. Senator Barth introduced the bill in the House; it has been amended, but I am scared of this bill. (Mr. Albertson read portions of the 16,111 aloud) It isn't going to be :long before it's amended back - right now the Town of Stillwater of the "Town of May will have to be incorporated areas in order to take care of their. police and fire needs; if they are not incorporated as of January 1, 1965,i, they are in the Hill. Vice President Powell.: They couldn't meet that deadline anyway. Mr. Albertson: That':s right. This bill gives the Secretary of the Interior tremendous power - he: may revise such boundaries from time to time; if he doesn't like the loca.L ordinances, you must either rewrite them or they will come in and take the Land; this bill, I feel, can make this whole valley area a alum area. Administrator: This bill, if it gets to a vote in the House, is going to pass. City Attorney: We ebtculd vehemently oppose any part of this bill which states 'northern boundary off Stillwater to confluence of MI ' ippi River'. Councilman Iverson: We are opposed to the bill in totembut specifically from the northern boundary/ of Stillwater to confluence of Mississippi River? Councilman Powell: Might. Councilman Iverson: 2 move the City Attorney be instructed to draw a resolution in opposition to this: bill. Councilman Peterson 'seconded the motion; the vote was as fcllows: Councilman Iverson: Yes Councilman Molds: Yes Councilman Peterson: Yes Councilman Powell: Yes Administrator: Theme is one other matter; I carried out the orders of the Council and contacteo:i counsel for NSP. I asked if, in his opinion, there was anything NSP could dob to compensate our City Attorney for services rendered. • • (October 20, 1965-continued) .\e • iie said there was no weay they could do this. He suggested that whenever the Cicy's rights were jeopardised in any of these hearings, he would notify the Council and the Attorney to enter into the thing - only when it affects the City. There is no charmce in the world of getting any money from NSP to pay Mr. Eastwood. I have asked the City Attorney if he will tell us this evening how much he thinks we Bowe him at this time. City Attorney: Harold Kimmel kept track of Lyle's time - we used those figures; it's a total of $2,750..00. This fee is right up to date. It's going to get more and more expensive. I will guarantee you that. Administrator: If the Council can authorize payment of tax money, what would we stand on? Defendingg the City? City Attorney: I don't! know - I haven't looked it up. If the Council thought the City would benefit from this plant, you would have the right to expend monies to meet it. Councilman Nolde: You know we don't have any money - is this the amount you want, or is there something we could work out? Councilman Powell: Wheat would happen to the case if we toldyou we will take care of your bill, but don't feel we can afford to continue it? Can you continue on the monthly salary LE this is a City job? If we can arrange what you have now, are we going to hurt ourselves by not having representation? City Attorney: They wonuld get the same results whether I am there or not, but you would be making a l..ot of work for someone else. Councilman :tides I myswelf am 100% against our City Attorney doing anything more for the Northern St;tates Power Company - from now on they can do their own work. Councilman Iverson: We ,all agree you should be compensated, but the question comes to mind how much eof this $2,750 is justifiable to the tax payers? How much of this bill can wee really justify as City expense? City Attorney: Every dawn diem of it - it is way below what I would charge any client. Councilman Iverson: We all know that the majority of people were in favor of this venture (generating plant), but some people don't want it - what are these people going to say? Cain we justify it? Councilman Nolde: I feel I made a terrible mistake up to this point - we should have questioned the amoret of money we were spending every month. It's a good thing it came up when int did so we can put an end to it. Councilman Peterson: Send Share the St. Croix a bill for $2,750 and start negotiating with them. Councilman Nolde: I move as far as the City of Stillwater is concerned that we withdraw the City's interest in the Northern States development due to lack of funds. Councilman Nolde: Notiffy them and tell them we are through - as far as I am concerned, we are througgh. Councilman Iverson: Do you want him to go? Councilman Nolde: He cams tell them he is too busy with other problems and step out of it. Councilman Iverson: Don:'t you want him to go if they call him and pay him? Administrator: They eai:.d they would keep the City Attorney advised, and the City Council advised, whenever:, in their opinion it would be for the best interest of the City. They would nottify the City and the Council could then decide if they • • (October 20, 1965-contiinued) e" • • wanted to have thna City Attorney in on it, but that, under no circumstances can they pay any .of the expenses. Councilman Molder. As long as the citizens of the City of Stillwater are paying him and NS.;P does not want to participate in any manner, way, shape or form, he will stay right here and represent the citizens of the City of Stillwater; as.: far as I am concerned, we are through with the Northern States Power Compoany. Councilman Peterson:- I am of the opinion that it is directly benefiting the City of Stillwateer - this plant is going to be located in our school district. I still feel we acre in it now - if we back out of it, Share the St. Croix is going to be jumping up and down. Councilman Nolde:: I am Baying we shouldn't expend any more money, but if we can do something without expending money. I think we should do it. Councilman Powelll: The Attorney will wait for authority from the City (before proceeding with aeny more work on the NSP project). City Attorney: 11 would like to have Mr. Brower inform Mr. Nelson that, because oglack of funds, the City of Stillwater is not going to proceed with any further hearings... Councilman Iversmns Would a motion be in order to send the Share the St. Croix Committee a bill for his services? Councilman Powelll: Call them and talk turkey to them and tell them what we feel. Councilman Iverson: let's have a meeting on this and explain it. Councilman Peterson: I move that we instruct the City Clerk to write a letter to Mr. Jack Lay oof the Chamber of Commerce and inform him of this meeting to be held on Mondayy. October 25th, at 4:30 P. N. - he should have here all inter- ested members of the Stillwater Development Corporation and interested members of the Stillwater Chamber of Commerce. Councilman Molds seconded the motion. (All in favor) ADJOURNMENT On motion of Councilman Nolde, seconded by Councilman Iverson, the meeting adjourned at-6:201 P. M. Mayor Attest: City/ Clerk a 0(1 • • Council Chamber Stillwater, Minnesota Special Meeting October 25, 1965 413O P. M. The meeting was caller to order by Vice President Powell. Present: Councilmen >awerson, Holde, Peterson, and Vice President Powell. Absent: Mayor Charisees. Also present: Mr. Willlian Klapp, Mr. Jack Lay, Mr. John Rheinberger, Mr. R. M. Hadrath, and Mr. Donalld Caffesty. Vice President Powell:, This meeting was called this afternoon because of a particular problem thaat we have - as usual it is a money problem; because of extra added expenses wwe had with the flood, we find ourselves in a poor position financially. A bill was presented to us which we feel should be paid - it was presented by our OC ity Attorney for work he did while representing the City of Stillwater in wash:.ington and other hearings, etc. The amount of $2,750, and we feel we would like to pay this bill, but at the same time our City Attorney has been informed that, because of our financial ,ondition, he is not to enter into any more legal woork representing the interests of the City because we do not have the funds - wwe would like to get your opinions on this. Mr. Hadrath: Does he set a salary? Administrator: $575.000 per month. Mr. Hadrath: For thatt is he to do City work? Administrator: Yes. Councilman Powell: Were feel he should be compensated sone way - we want to figure out some way. Hr. Hadrath: How mica expense is involved? Administrator: We ha'we asked him to turn in an itemized bill - the trip to Washington was a small]. part of this bill. Hr. Rheinberger: As I understand it, there is no problem about the bill - you think it's fair and reasonable? Vice President Powellic It's hard to say what an attorney's fee should be; he mentioned that because he had to leave town he had to pass up some fees that amounted to quite a- bolt. This work is above and beyond what he would normally do for his City work.. Mr. Rheinbergers Tom should have an itemized bill first. Administrator: I believe it would be illegal for the City Attorney to submit a bill to the City off Stillwater for work done on the NSP plant. Mr. Klapp: I see no reason why you couldn't pay his expenses, or any other City employee's expertness. Mr. Ca£fertys We cannot pay the county attorney for anything other than expenses. Mr. Hadrath: There acre possible ways of raising that if the City is unable to. but I don't think it could be raised except for expenses. • (368 e • IVCWum u• • e Vice President Powell: The general feeling was that this was a legitimate bill, this was extra woork. Mr. Klapp: Find out what his out-of-pocket expenses were and then come back to us. Administrator: It seenms to me that at one of the Council meetings, one of the Council members stated that the City could probably reimburse him for this extra work by raining his salary for a number of months. Councilman Peterson: I remember this, but there was a lot of discussion as to whether or not the Cit._y could legally pay for this. Mr. Rheinberger: Get a breakdown of the bill, and then write to the Attorney General and ask him four an opinion as to whether or not these. items can be compensated for. If yvou don't have the money available, then you can go to an agency such as this an ask for reimbursement. Administrator: Shall the City keep him employed on this? Mr. Rheinberger: The die is cast now anyway. Councilman Molde: Youo think we should continue with the policy we took a couple weeks ago and tell him to stay out of it altogether? Vice President Powell:: If we get an itemised bill and then a ruling from the Attorney General whetter it's a legal bill or not a legal bill, we have to make up our minds if we are going to pay him - we still do not have the money. Mr. Rheinberger: If it's a legal bill you have to get it. Mr. Klapp: The City hnas a moral obligation to pay his out-of-pocket expenses; it seems that Nr. Eastwood got the impression he was going to be paid. Councilman Nolde: He never got it from me. Councilman Peterson: Se never got it from me. Councilman Nolde: He never got it from this Council. Councilman Peterson: I move the City Administrator be instructed to write to the Attorney General (for a legal ruling on this bill; if he needs help in drafting it; he may contact a llawyer for assistance. Councilman Nolde seconded the motion. (All in favor) Administrator: Peter Racchini called today: he said he would employ Mr. Moe on a half time basis sas an inspector at $2,500; and he wanted to know if the City would hire him foor the other half time each day. Mr. Racchini said he is not going to be able to be in the City enough times to do a good inspection job. Councilman Nolde: Is that going to be added to his bill? Vice President Powell:.; I think he meant we would pay him out of the general fund. Administrator: If thee Council is favorable, he would then put Mr. Moe on his payroll and the City :in turn pays the architect fee along with the inspection fee. Councilman Peterson: I am not in favor of it. Councilman Nolde: I :am not in favor of it either. • e �.. (October 25, 1965-continued) • Mr. Lay: You auditioned to me that you were going to tell us where we stand from the flood of last Spring. The gentlemen present were informed that the Adjutant General's Office had informed the Administrator that a check in the amount of $250,000 (75% of approved project application) was forthcoming any day now, to help defray flood expenses. Mr. Lay: Have yova been in contact with the Corps of Engineers as to the possibility of a :flood this coming spring? Administrator: Yes - a survey has been made - two surveys. All of the down- town businessmen Rave been contacted in regard to estimated damage had the dike not been bui:.Lt. If the estimated damage would have exceeded the cost of a permanent diI.ke. then the government will participate in the building of a permanent dike; we have not heard the results of either survey as yet. They are coming in witch reports that we can look for another good sized flood next year. RESOLUTIONS The following resolution was, on roll call, unanimously adopted 1. Directing the: Payment of Bills (Dunkley Surfacing Co. and Jerome Dolan) On motion of Councilman Peterson, seconded by Councilman Iverson, the Administrator was directed to s•cbmit a request to the Public Examiners for an audit of City books. (All in favor) ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Iverson, the meeting adjourned at 5:593 P. M. Attest: - City clerk S �S[hw Mayor • (870 Council Chamber Stillwater. Minnesota Special Meeting November 2, 1965 7:30 P. M. The meeting was called( to order by President Charlsen. Present: Councilmen Everson. Nolde, Peterson, Powell, and President Charlsen. Absent: None Mayo Charlsen: This its the day and time set for the second reading of "An Ordinance Amending an Ordinance Entitled Zoning Ordinance of the City of Stillwater": I■ there any discussion aon this item before we continue? Mr. John Rheinberger: At this time I would like to present to the Council a petition signed by rounghly 150 people in the area, opposing the re -zoning of this property, and I would like to present it to the Council for their considera- tion . I also represent a number of people who are opposed to this rezoning. Mr. Lyle Eckberg: Fom: the record, could we have their names, please? Nr. Rheinberger: I don't have their names off hand, but anyone I represent Who is here, would your stand up, please? (thirteen people were counted) Mayor Charlsen: Are ttheir names on this petition also? Mt. Rheinberger: Yes.. Mayor Charlsen: Do youi want to take a look at this petition? Mr. Eckberg: It's goiing to be on file with the Clerk; as far as the petition is concerned, it doesn't mean anything - doesn't follow legal procedures or anything. Administrator: Do youa want it read at this time? Mayor Charlsen: If yew would, please. The Administrator read the following petition aloud: "We, the undersidgned, respectfully request that the Zoning of the land extending along the ridwer front, from North of Mueller's to the new residential development, be left Mond Residential as it now is and not be changed to In- dustrial as proposed. Listed below are a few of the many reasons for this request: 1. The St. Croidx Valley and its river front beauty are one of Stillwater's greatest assets and atttractions. It must be improved instead of destroyed. 2. The approacht to Stillwater from the East and South is unattractive, messy and uninviting. The possibility of such an appearance North of the bridge should not be permitted. 3. The right off the owners to use their land can be provided by a special use or variance permitt as has been done by the Council in the past. 4. The dozens oof citizens, who in good faith, purchased land or built homes in this residential area are entitled to the protection requested." • • (November 2, 1965-continued) .371.\', Mayor Charlsens Does anyone else wish to be heard? Mr. Chester Wilson: I was not here for the opening announcement; I want to be heard as opposed to this on behalf of the St. Croix River Association; are you now hearing the opponents? Mayor Chr.rlsen: Yes. Mr. Wilson: I was asked t..o appear here. The St. Croix River Association at its meeting last week, adoppted a motion in opposition to this rezoning. I was asked to appear and sp..eak in support of that motion. I am assuming the secretary sent you the gist of that motion. It would be in order to say some- thing about the background) of that St. Croix River Association. They have been a long time leader since its founding in 1911 - it is not a flyby -night organi- zation or a johnny-come-lastely. They represent interests on both sides of the St. Croix River and their motto is quite significant - it stands for preserving both the uses and beauties of the river for future generations. I would like to call atterntion to the fact that the Association never came out in opposition to the Northern States Power Plant. On the contrary, they adopted a resolution suggesting theist a thorough investigation be made by the proper governmental authorities — to reserve judgment until the authorities had made their findings. The posibtion of this Association in this rezoning should be the given careful coneideraticon. The Association is for a balanced prop recreational and comserciaal aspects can be preserved. What prompted the Associattion to adopt this motion is, the rezoning is contrary to the which was thooughlp of Zoning Is do not see anyeurgent needaforted after a very amending the Zoning ordinance. In this controversy aboutlowuses of the St. Croix River should be balances. the River above the bridgee should be protected against industrial encroachments as far as possible; below. should be allocated for industry. This Council adopted that ordinance deliberately, and set the boundary where it was. I have numerous contacts outside, and I genet reactions from them - on this and on the Northern States Power Plant. This: town has been getting a very lot of unfavorable publicity which was not justified. I think that criticism andbadpublicity wash betcausencil people did not understand: the situation. 'Lou may bee of votes to make this very substantial change and throw that whole strip of territory, from the business district to the other end open for heavy industry. it will add fuel to the fire which has already been burning too hot in my judgment. You would be departing from a sound plan which the Council adopted in the first place. For those reasons the St. Croix River Association frownson it, and it should be heeded. This swill have a very direct bearing on what you are going to do to the Brown's Creek {:Walley area. If, on the very edge of that Valley you have industry, it would the utterly inconsistent with the development of that area. Mayor Charlsens Anyone es'.se? Mr. George Bancroft: I ssee we have a big crowd here. I would like to make a voice for the opposite side for this reason - you are talking about an area four blocks long - not the whosle river valley. I agree with facts he (Mr. Wilson) pointed out, but on the .other hand, the whole area in question was nothing more than industrial before the town was organized as a town. There is a big crowd ny property ers involved. opposing the property hasgo tnuhad anyt not aopportunity to develop it untilThe now. and is o owns now being refused. Mayor Charlsen: Nobody Le being refused .... Mr. Bancroft: There is no other area available for development with the exception of outside the City limiits, and which has no bearing upon a retail merchant. We have reached a point of saturation as far as taxwise goes. A few blocks on Main Street must carry the tame load for the whole community. We all love this river here - Mr. Aiple was born and raised here and was on the river all his life - there • • ') 72 • (November 2, 1965-continue.ed) • is no evidence that ite would destroy the scenic value or healthful value of the river. There is organized opposition against it, which seems the most popular thing to do :mow days. I do feel the Council should consider this point very carefully.. You should broaden the tax base - you can read personal property statements — we need some relief there. Any time we can get industry, what little area we heave should be used. The river - rail - and highway narrows it down to thinker blocks long. You can drive from the North end of the City limits to Una Center of town and there are no industries left; you should replace some cod the industries that we have lost instead of bargaining for them to come in. We feel we must preserve the area we have for industry. There is more money collected in the City of Stillwater on two blocks of Main Street than in twelves blocks of residential streets. I think that it would be a very serious mistake if we took this short section and passed that up in favor of a housing deveelopment for four or five people, or as many as twenty people. Mr. I. A. Bergen: I ;started that development on the North end of Stillwater on the old Gilbert prroperty. Mr. Bancroft mentioned industry - we are all interested in industry. The only thing we are objecting to here is something that had been rezoned., I didn't know anything more about it at the time than the other fellows on Cite Planning & Zoning Commission. I had other ideas about the Gilbert property, but when it was rezoned I thought it would be alright because I knew more attout homes than I did about commercial business. I kept on working all the tine to build more homes; there are five very nice homes there now. I have solid the property, so my interest isn't what it has been in the past, but the peeople who bought the homes called on me and asked if I would do something Shout it. I said I can't do anything about it except to see the Council. I have been on the Planning & Zoning Commission ever since it started. We felt among ourselves that if it would not be an eyesore, we would recommend that the Council issue • a permit. That could be zoned as heavy industrial and Mr. Aiple would be responsible to the City if he owned it, but if an outsider bog ht it and said now.I want to do this, you would gave an awful time turning that down even if it was residential. I wouldn't be against Mr. Aiple if he wanted to build anythiing that wouldn't be an eyesore or detrimental to the river. If he applied for a permmit - if it's for anything that could be put over there and didn't hurt anyboddly, you could still issue the permit. As far as the houses are concerned, some of those homes are paying quite heavy taxes also. The development we put: in didn't cost the City a dime. well, I take that back, they did put in some waster services or something, but we thought, and I still think, the fair thing 'would be for him to make an application for what he wants to put there. Mr. Wil:.son has put it a lot better than I can. I am not being against industry - thant's silly. Mr. Bancroft: we zoned that property residential; you were on the Planning Commission at that time, yet we have boat marinas on both sides. You're bunching it up and making a patchwork quilt of the downtown area. I think maybe a mistake could /have been made where we zoned two commercial by a resi- dential area. Mr. Wilson: This probllen is inevitable when you are rezoning an old community like this; you have to draw the boundary somewhere. Along that boundary it may be desirable to make an exception; that's why it's written into this ordinance that the Council can ismsue a permit if industry is desirable. You have only one St. Croix River - and lake. There is lots of land outside. Further consideration its going to have to be given to that to allow industry to expand. I was one of the very active promoters of the nine foot channel system, and I am stronggly in favor of making use of this river for that purpose. I have gone on record ddefending charges that NSP barge traffic would be detri- mental to the river; however, barge traffic should be limited below the Stillwater bridge. If you are goiing to create any heavy industry where barge traffic would be created, it should bee below. Plenty of space can be found below for that purpose. You can find ,ather land outside for industry that wouldn't need to be on the river. • • 1 r^ 373 • • • Mr. Eckberg: My name is byte Eckberg; I represent Mr. Aiple. For the purpose of clarifying ths situatidon, we are not asking for any use of the river: we are not asking to put barges north of the bridge. As far as air pollution or other contamination, juset recently we had our great, good governor appoint a Compact Committee for thaat purpose. We are not here tonight to determine whether we can put barges on the liver, but merely to rezone the property so it can be used. This area was zoned on an inadvertance - it has happened on numerous occasions. Mc. Bergen purchased this.' property which was industrial; he has been on the Planning Commission sines: its inception. I don't believe that we had the right planning at the time. MIX. Aiple has owned this property for a good number of years; if you gentlemen Ihave had the opportunity to view this property, and I am sure you have, you haire the gravel property, the boat works, and the old State Prison right across the street. You shouldn't deprive any person of the use of his property without due process of law. The industry that comes in here - we will be willing to disclose to you at the time. We are not here asking to pollute the St:. Croix River, or pollute the air; if an industry comes in that requires this, the proper agency must be dealt with and an application made at that: time. Mr. Frank Steinmetz: I as a tax paying citizens of the City of Stillwater, I would like to disagree wvith Mr. Eckberg: I am sure that people acted in good faith and built homes after this was zoned residential; if they bought in good faith, I think it would he highly objectionable as far as the Council is concerned; they are entitled to more consideration. I don't agree that this was always industrial. Forty some years ago there wasn't the least bit of industry in that area. I think if you would carefully consider this, you couldn't agrees with the statement that it was always industrial. There are more people here than property owners, but this question does not concern a few people - it concer-as many people over the City of Stillwater. Many people are not close to the prooject, but they are concerned. The one good asset the City of Stillwater has its the beauty of the St. Croix River and its valley. If we are not smart enouagh to protect this, it's going to be a sorry state of affairs. We are not agaainst industry, but rezoning should not be made on the spur of the moment; thisa. in my mind, would be a great folly as far as the tax base; we all agree with that, but when we view this land, it is only 100 feet wide; anyone that would Cook at it carefully can see it has no potential that would contribute to the tax base of the City of Stillwater. I made a trip to the East side of town and drove into, and also from the South - it's the poorest advertissement you could ever have for a community when you come in from the South - it its a junky, decrepit advertisement for the City. Carefully consider what Stillwater_'s asset is. We haven't a good deal to 'ffer industry to create the growth we are looking for. I strongly urge you to take this into consideration when makinng your decision. This was zoned residential on the advice of people who knew what they were talking about; apparently the Council thought so too or they wouldn't have voted that way in the first place. No one wants to deny Mr. Aiple the use of his land, but the Council would be wise to keep control over this. leave it residdential and grant a special use permit, which you have done many times in the ;past. The same thing was done with Walter Wolf, if you did that for him, you caan do it for Mr. Aiple. The home owners are entitled to careful consideration and protection; we are talking about dozens of people. Mr. John Condon, Chairman Planning & Zoning Commission I would like to make clear the position of the Planning & Zoning Commission. We opposed the rezoning of this property. When the industrial building is done here, and I think Mr. Eckberg bit upon the rezoning of this property - when the indus- trial building is done here - permission will have to be gotten, not from the City Council, but from some other authority. I went down with Mr. Aiple and reviewed this property. I was quite impressed with waht he told me his plans were for that area on ttse South end of theproperty. He had some plans for indus- trial use; on the other end is going to be a different use. I was impressed and I am sure that the Planning & Zoning Commission would go along with some special use of the South half of/ that property. • • • 374 (November 2, 1965-continuned) • • Mayor Charlsen: If I :remember correctly, you recommended it be left residential, and if at any time indrlmstry wanted to be on that property, we could grant a special use permit? Mr. Condon: That was .uur recommendation, yes. Mr. Eckberg: One thine/ that I am sure the people understand is the difficulty we would have in bringing an industry in; there isn't an industry that wants to come in and get permission from every Tom, Dick, and Harry to build; unless it's rezoned you will never get the kind of financing you will need. The land cannot be used for anyv other purpose. The City of Stillwater can purchase it from Mr. Aiple and put it to any use they want to - Mr. Aiple has something he is willing to say.... Mr. Steinmetz: I don"t agree with Mr. Eckberg'a statement that it cannot be used for any other purpose. Mr. Frank Aiple: I thnink that under circumstances of this nature, naturally there are going to be some differences of opinion, but I don't think anybody can argue that that property has ever been anything but industrial - it has always been industriall. The 0. S. Corps of Engineers has always maintained, from back in 1927 and 1928, that anywhere from here to New Orleans, and all the rest of the inlandi waterways - the bridge has nothing to do with inland navigation; this was established in 1928. Where navigation ends - the bridge doesn't have anything to do with it. I don't think the 150 people who signed that petition really have a lot of bearing. 150 people can't be living on that hill, and anybody back from the hill shouldn't have munch objection. You said dozens of people have built homes since it was rersoned - it was only rezoned since 1963 and there haven't been dozens of homes tailt up there since 1963. I am going to bring up one thing - I have lived aeround here for a long time and I got along with everybody around here and want to continue to - I was a little surprised that when it was rezoned, I got absolutely no notice that it was rezoned. Mayor Charlsen: How Long have you owned it, Frank? Mr. Aiple: About twenty years. Nobody knew that it was zoned residential; when I talked to people thee/ said, it's industrial property - it has always been in- dustrial. In digging,. I found it was residential and, in checking with Mr. Eckberg, quite a few mother pieces of property were zoned residential and then rezoned back for obvigos reasons. Going now to how much harm is going to come, and as far as the money that may come out of it - I hawe had that property a long time and it's difficult enough to get industry interested in property. Over here you have a deep water channel and are trying to cut it off. In Minneapolis, the Port Commission is going all out to bring industry into a new industrial area that the government spent millions to develop. Over here we've got it and some of you don't want it - over there they want tit and can't get it. I get plenty of opposition from St. Paul and Minneapolis, and the NSP plant got a lot of opposition; actually, I don't like to talk abaut this because I don't think it has any bearing on it, but it was brought up tonight. Most of the opposition that occurred to the NSP plant occurred by peolple from St. Paul, Minneapolis, and Wisconsin. The real opposition came out oaf St. Paul and Minneapolis; it's obvious why St. Paul and Minneapolis wanted it there. Since I have been trying to get this property rezoned industrial, they have been after, and have been successful in getting, one of the industries I wanted out here. They are after them hammer and tong. Don't think St. Paul and Minneapolis are ever going to hand any industry over here to Stillwater to get your taxes down. Many people are not aware of where the real friction came from as far as the NSP plant is concernedd. I am going 'to suggest to the Council that we split this property and rezone from 100 feet north of Stinlwater Avenue South back to the way it was. and 100 feet north of the northline of Stillwater Avenue, we will leave the way it is. I am suggesting this because I don't want everyone to feel I am unreasonable. You cannot get any industry here if it's not zoned industrial. • . • (November 2, 1965-continued) Mr. Rheinberger: II would like to make this comment. I am wondering as to the legality of withdraawing this - it was drafted on the premise of rezoning this entire area. Whethaer or not he knew this property was rezoned when he owned it - I question very much that he didn't know the property was going to be rezoned. Mr. Eckberg: I knew situations here in the City of Stillwater. I hsve been close to Mr. Aiple for six months on this. Mr. Aiple didn't know it and 1 didn't know it: Mr. Rheinberger: i? am still making the statement. I question the fact that he didn't know it wvas going to be rezoned from industrial to residential; also, numerous houses have been built since it was rezoned. Mr. Eckberg: Bow many? Three: Mr. Rheinberger: A.t the top of the hill there must be four. As far as rezoning from residential to, industrial, this is ridiculous. All we have is a sliver of land. In St. Paul :and Minneapolis they are rezoning large areas. To say that a sliver of land right on the river can be used for any other use than a barge terminal that's what people I represent are opposed to. This is what the Council should give : consideration to. It doesn't extend 100 feet in width, and may be 1,000 fe.:.t in length. I am speaking for industrial purposes - there is hardly more than one industry that could be put on that kind of property and it would be the kind of industry that would be very limited. You would have to use river water for some purpose. Mayor Charlsen: It is my understanding that you are asking that this petition for rezoning be withhdrawn and that this other proposition be substituted? Mr. Eckberg: We ask* that the request be modified to include the lesser area. Let the City Attorney rule on it. City Attorney: I dcn't believe the ordinance can be read tonight anyway; it will have to be passed at the regular meeting on November 9th. Councilman Nolde: II would like clarification of what you asked him. Mr. Steinmetz: Mr. Eckberg and Mr. Aiple mentioned that he was not aware of the fact that this Mad been rezoned from industrial back to residential; I be- lieve it was all 'ample All those people who now have residential property - have they been notif'_ied in any other way that this is going back to industrial if the Council votes so? Mayor Charlsen: Have any persons been notified? Administrator: To caomply with ordinances, no notice has been given - only in the newspaper. Mayor Charlsen: It"s not necessary in any way that anybody be notified because the legal notice in the paper is all under the Statutes of the State of Minnesota. I would like to anla:urge on this - if somebody wishes to close a street, or if somebody wishes to make a change in their area, the Council has taken it upon themselves to direct: the Clerk to notify people individually as well as in the paper, but it is not: necessary in this case. Mr. Steinmetz: Mr. ikiple has received just as much notice as these people are receiving now. By making this change and cutting it from Stillwater Avenue down - you are lessezting the tax climate; if that's the reason for considering it, you are going to have a lesser spot for industry: Mr. Aiple: I thoughet that the people objected to the industry - now you are objecting to cutting it down. I don't think you can have your cake and eat it both! When I said I was not aware of the fact it was changed from industrial to residential... I have the reputation of not making any statements that aren't so: Mr. Rheinberger: Your were a property owner - you should have known, that's all I can say. ,37 5\, • • e • Mayor Charlsen: vve are not going any further on this this evening. We will get the answer from the City Attorney as to changing the ordinance after it has had its first. reading. Councilman Powell.: I would like to ask Mr. Steinmetz a question, would you tell me why a var.lance would have been permitted in the first place? What is your view on tliis? Mr. Steinmetz: I: stated that I didn't believe anyone wants to deny Mr. Aiple the use of his laid; he is entitled to it, but it can be accomplished by leaving it the way it is and applying for a special use permit. It seems that that is the right thing to do, so the Council could have some say as to what goes in there. if Mr. Condon: Speasking for the Planning Commission,/it would be any help, we could have a special meseting and go down with Mr. Aiple and take a look at this property; we may not change: our minds, but I think we should look at it. Councilman Noldess There is a conflict of interest here. If there are any members on the Planning Commission living near there, I would suggest these fellows should bee left out. If we have members on the Planning & Zoning Commission involvoed in this piece of property, these members should be left out. Mr. Condone I believe probably Mr. Steinmetz. and Mr. xalinoff are affected; I don't know Moot Mr. Bergen. Councilman Bolden I have a lot of respect for Mr. Bergen, but he is the man who sold this property there, and he was more or less asked by these people to come and repressent them. Mr. Bergen: Theyy said I was responsible for getting them over there - I think they would like to give it back to se if they can. Councilman Nolde:: I would like to put this in the form of a motion. Any members on the Planning &i Zoning Commission who are involved in this particular problem should delete themselves from this particular meeting. We have to be fair to Mr. Aiple and to the people who are involved. We know how Mr. Steinmetz feels and Mr. Bergen also; I don't feel we could do justice to Mr. Aiple if these people were on anis committee. Mayor- Charlsen: I don't think a motion is necessary. Dr. Frederick Kalinoff: May we go along on the trip down there? Not attend the meeting? Councilman Noldem I hope you understand Mayor Charlsen: There can't be anything further on this tonight. You are welcome to stay. This will be continued until November 9th. We do have a letter on file from the St. Croix River Association in connection with this, gentlemen, if you would like to hear it. The Administrator then read the following letter aloud: "On Wednesdday, October 27, 1965, the St. Croix River Association. at their diinner meeting, requested upon motion, to submit to the City Counciil of Stillwater the following resolution:. "Be it resolved that the proposed ordinance to rezone North Main Street is rescinded. let - this action would be a departure from the Original City Planning re:commended by the Planning & Zoning Commission as adopted by the Council. 2nd - this action would also be subject to wide criticism by the public as ocontrary to the best uses of the St. Croix River. • • e (November 2, 1965-continued) 377y e P.S. The motile/1 was made by Mr. Chester Wilson, seconded by Judge ve McDonough." The majority of those persons in attendance interested in the rezoning action left the Council Chamber at this time; the Council meeting continued according to the Agenda. COMMUNICATIONS From Mr. Sherman Catania, requesting that the Council open 125 feet of Third Avenue South for travel. Councilman Nolde: I don't know how we can do this - he signed the petition when Mr. Thornton Simpscam came in; if we open that up Mr. Simpson's home is going to be sitting in the widens of the street.... Mayor Charlsen: That street is platted through. Councilman Nolde: It's platted through, but he signed the petition so Mr. Simpson could build his horese. Administrator: Mr•. Crane stated that some type of roadway or some access to the house is what The would like; I wonder if it might be a good idea to refer it to the Engineering'Department and report back at the next meeting. Councilman Iverson ,moved for the above( Councilman Peterson seconded the motion. From Winslow & Ass.:uciates, Inc. requesting sewer service to Maple Manor Nursing Nome, and street g:trading? From Board of Wate:,r Commissioners in regard to providing water service to the Maple Manor Nursing Home. Mayor:Charlsen: I: wonder if they are aware that they will be assessed for the full cost of this, and I wonder if they are aware also that the street petition must have over hal-f of the abutting property owners aware. Councilman Powell: I would like to ask the City Attorney if this can be discussed at a special meeti:sg? Councilman Nolde: I move we turn this over to the City Engineer and have him check into the sitaation. Councilman Powell seconded the motion. (Councilman Iverson abstained from voting) Councilman Nolde: Find out who is going to pay for it. From Louis J. Sauvvageau, Postmaster, requesting that the Council consider placing a shorkel mail boar adjacent to the new Washington Federal Building. Mayor Charlsen: /aWs just put two new meters in there. Mr. Sauvageau: Inn looking the area over closer, the area between the driveways would be a better location. Mayor Charlsen: Ylour recommendation then would be to place the box in the short area between the two driveways - between the drive-in bank and the parking area? Mr. Sauvageau: Yeas, if you gentlemen think it would be satisfactory. • . 78 (November 2, 1965-cont:.Lnued) Councilman Holden: I move we approve Mr. Sauvageau's request. Councilman Iversmn seconded the motion. (All in favor) From Mr. Kenneth Johnson, County House, Inc., requesting variance permit (building permit?) Mayor. Charlsen: May I say in regard to this particular request, we do not have official notltice of it yet, but the Planning & Zoning Commission has taken it under considentation and they are in favor of it. Mr. Kenneth Johnson: Our request is to build a new grocery and meat market on the site of the ;present E. O. Johnson meat market on North Fourth Street, facing Fourth Street, bust further back to Fifth Street. We should have off street parking for aboutt twenty cars. We have received 100% approval of the immediate neighbors. On motion of Counccilman Nolde, seconded by Councilman Iverson, the permit was granted. (A131 in favor) From the Ramsey County League of Municipalities, announcing meeting to be held on November 17, 11965. Mayor Charlsen: I would recommend that as many of you as possible attend this meeting; thexre will be representatives there from various Federal agencies. From the Twin Cit:.Les Metropolitan Planning Commission, requesting Council name person to represevvt the governing body at meetings of "Elected Officials Review Committee" - first.t meeting November 10, 1965. Councilman Molds: i move we send Councilman Peterson over there to represent the City of Stillwater. Councilman Iverson seconded the motion. (All in favor) The final plat of the "Peterson Addition" as presented at this time for Council approval. Councilman Nolde: We are in favor of approving it, but we cannot do so tonight. Councilman Powell:: Is this a new subdivision or not? City Attorney: No. The Council decided to table the matter until the 9th of November. PETITIONS From Thornton G. S:impson and Eugene A. & Marina E. Lehmicke, for the vacation of a part of East Poplar Street. (carried over from October 13, 1965 meeting) The Council decideed to table this matter until the 9th of November. (November 2, 1965-continued) e Administrator: Ms directed by the City Council some weeks ago, I talked to the Judge and informesd him that because of the work load in this office, it might be a good idea to divorce the Municipal Court completely from the Clerk and Administrator's offfice. The judge has no objection to this, however, he feels that before any steeps are taken so far as hiring any people, he would like to meet with the Couancil informally to explain what is involved and what he would like the Council to do in regard to this matter. He feels very strongly that it would be imposesible for him to run an efficient Court with only one persons he says he would need two people and would like to talk to the Council about this. Also about the salaries for these people. I said I would inform the Council this evening, andd LE you feel you would like to net withhtm it would be alright with him. The Council elected to meet with the Judge on Friday, November 5, 1965, at 4:30 P. M. Administrator: I] stopped at the Public Examiner's Office in St. Paul on Friday and asked some quuestions about paying our Flood Bills. They said they have no policy - but them- feel the Certificates of Indebtedness should be paid first. A discussion was held at this time regarding the Flood Bill of the C & B Company. (pump operators) On motion of Councilman Nolde, seconded by Councilman Iverson, the matter wag turned over to tlhe City Attorney. RESOLUTIONS 1. Directing thee Payment of Bills (Flood Bills, and Peter Racchini, Architect. Councilman Iverson voted no on Mr. Racchini's bill) 2. Designating the Depository of Public Funds. ADJOURNMENT On motion of Councilman Peterson, seconded by councilman Iverson, the meeting adjourned at 10::25 P. M. Attest: City :Clerk Mayor 379), • e Council Chamber 4:30 P. M. Stillwater, Minnesota November 9, 1965 Regular Meeting The meeting was cal.Led to order by President Charlsen. Opening prayer by the City Clerk present: Councilmeen Iverson, Nolde, Peterson, Powell, and President Charlsen. Absent: None UNFINISHED BUSINESa6 (out of order) the City of This was the day and time set to open bids on the sale of land owned by Y Stillwater in Gra:mt Township. The Clerk read them notice for bids aloud: the Mayor inquired if the notice for bids s was published, an the Clerk informed the Council ilc hatnthe epnoticeffor oraidbids wasn. Octctopublished 22, 1965 saandllwater October 2Evening i 1965Gazette, The Clerk reportecd that no bids had been received. (no further action was taken) APPLICATIONSfor License to Haul Things to the Dump. From Harry L. Thcompann, Bayport, Minnesota, On motion of Councilman Peterson, seconded by Councilman Iverson, the Counat cil decided to table this application until the regut lardar councandil meeeting, are stillh time it will be cdecided how the new dump necessary. COMMUNICATIONS From James W. O"Brien, 1016 North Fifth Street, in regard to removal of a fallen tree from a boulevard. Administrator: He hired someone to remove a tree that blew over. If he is not liable, the City/ should pay for it. Councilman Iverson: It seems to me it's a City responsibility to take care of trees on the boulevat-de. The matter was then referred to the City Attorney for his recommendation at a later date. From the City P.9ttorney, an opinion as to changes in ordinances subsequent to first reading (regardZing rezoning of Aiple property). Mayor Charlsen:1 We received a letter rt rfrom Lyle ylet Eck othe prog in pertytoithis; tthey want to change the oordinance now and j (November 9. 1965-continued) 381) Councilman Powell: coul..dn't we discuss a trade with him? (terminal property for property in question). 'What do you feel about this? Is there any harm in making the suggestion? Administrator: I would consider it very seriously - get rid of it once and for all. The Administrator then called Mr. Prank Aiple and asked if he could appear before the Council. Whte waiting for Mr. Aiple, the Council continued with the Agenda. Letter from Mr. Dan Corcoran suggesting limited parking -some areas in downtown district. Mr. Corcoran complained about receiving overtime parking tickets while depositing mail at the post office during the rush hours, and suggested that limited parking beremitted during the peak hours. Councilman Powell: Witlh the new post office there, there will be a drive-in area: if you change the parking now, it will just be a temporary measure. Councilman Nolde: Harsitad was going to make a study and take some of the old meters off the street and put tthem in the lots, and then use some of the new meters on the streets, but this was neener done. Councilman Iverson: At the time we couldn't do that because the money was for the parking lot meters only.. I move we check into on -street parking downtown - the time limits, etc. Councilman Powell seconded the motion. (councilmen Nolde and Peterson were opposed). The Clerk was then direocted to write to Mr. Corcoran and inform him of the Council's action. - Letter from Tbm Curtis, Sr. in regard to certain conditions as they exist near Curtis Caves, Inc. on South Maaia Street. (muddy and dirty) Administrator: I went .down the other day to see Tom: this letter just aboutdescribes the condition. I have raked the street sweeper operator to clean up the mess down there. Councilman Nolde: I moove we notify the Highway Department and explain to them what an eyesore we have on Main Street and ask if they can help fix it up. Councilman Peterson seconded the motion. (all in favor) From Congressmen Joseptn R. Korth, Odin Langen, Clark MacGregor, Ancher Nelson and Donald M. Fraser - indidvidual letters tanking the City for forwarding copies of Resolution opposing St Croix National Scenic Riverway Bill. Councilman Peterson: Write back and tell them we want this area excluded. City Attorney: They know that. Mayor Charlsen: Couldn't we hold this up for awhile? Mr. Aiple has arrived. Councilman Powell: I uaondered, Mr. Aiple, if it would be possible to negotiate some kind of land exchange %with you so that you could acquire the property you now lease 0 p2 (November 9, 1965-continued) tiO from the City for any portion of that which you wish to zone industrial. Would it be possible to negotiate some kind of land exchange? Mr. Aiple: Under tthis compromise arrangement I don't know why we should have to battle on it. The only houses that are close by are within a half mile: Mayor Charlsen: IEf we zone that industrial, it.dosan't mean that you are going to put in a foundry,bout it doesn't .mean that someone else won't put one in. Mr. Aiple did not agree to the property exchange. On motion of Counci.Lman Peterson, seconded by Councilman Iverson, the meeting adjourned to 7:30 P•, M. this date. This portion of the meeting closed.at 6:30 P. M. 7:30 P. M. - Meeting Reconvened Present: Councilmen Iverson, Nolde, Peterson, Powell, and President Charlsen. Absent: None Mayor Charlsen: We left off on letters from congressmen. What do you want to direct the -City Admiinistrator to do on this? Councilman Nolde: I= would like to make the motion to instruct the City Attorney to go over the bill ,and point out the bad features to the representatives in Washington, D. C. Councilman Iverson s.:econded the motion. (all in favor) Letter from Franklin Radvenz, 705 Harriet Drive, requesting adjustment in a -future. sewer assessment change due to excessive amount of water used in sodding ground,. On motion of Councilman Peterson., seconded by Councilman Peterson, the letter was tabled until Mr. Raduuens is billed. From Willard L. Thompson - Dean, University of Minnesota General Extension Division, in regard tto Civil Defense Conference to be held on November 23, 1965. Mayor Charlsen: Anyoose interested in going is welcome to attend. From Orville C. Peter:ion, Executive Secretary, League of Minnesota Municipalities, in regard to Fall nee -Ring for Mayors and Councilmen. From Clinton G. Johnsen, coordinator, Department of Military'Affairs, in regard to final inspection and aeudit (Flood Control application) Administrator: This aepplies to the Flood Control money of which the City has now received 75%. I believe at this time, I would like to ask the City Engineer to give you an idea as to the completion of our projects.- you should be aware of this. • • (November 9, 1965-continued) 383) City Engineer: Most ®f the work is•complete except for one item which comes under the Administrator's Reeport - pumps for the lift station. We can't get delivery until December 30th. Probattbly by the first ofthe year everything will be done. Administrator: In oreder to get our final inspection, or audit, our paper work should go out of this offices no later than January 1, 1966. Mayor Charlsen: How can it? Administrator: This is the problem we are having. Mayor Charlsen: Them you should contact some of our representatives in Washington. Councilman Nolde: I move we follow the necessary channels - have our representatives contact the Presidents and ask for an extension of time. Councilman Peterson seconded the motion. (all in favor) Copy of a letter addzressed to the State of Minnesota Municipal Commission from Oak park Township officiaaLs in regard to annexation of certain property. Mayor Charlsen: There is nothing for us to do on that. ct, in egard to hambertin the new hbnailding, and also erevised rconstructions ucosts lof analysis Council new building. Mayor Charlsen: For: the benefit of the people who are here and would like to be heard on the Second readimg of an Ordinance Rezoning Certain Property in the City of Stillwater (Aiple property), wes can go out of context here a bit and take up that subject at this time. The agenda caells for a possible second reading of, "An Ordinance Amending an Ordnance Entitled 2poning Ordinance of the City of Stillwater". Is there any discussion on this matter? Administrator: Before proceeding, shall I read Mr. Eokberg's letter in this regard? The following Letter, from Mr. Lyle Eckberg, attorney for Frank Aiple, was read aloud: "In accordance with Subdivision E, Paragraph 124, Article V of the City Charter of the City of Stillwater, we request that the re -zoning of the said Aiple proj.perty be amended so that everything southerly of a line 100 feet north, of the northerly line of Stillwater Avenue extended easterly to the St. Cro.Lx River be zoned industrial. On behalf of let. Frank Aiple, we are withdrawing our request for the zoning of the real esatate north of this line and ask that it remain residential". Councilman Nolde: I would like to ask the City Attorney a question. does Mr. Aiple haves to petition again? City Attorney: No,. sir. At the last meeting I was asked for an opinion; the ordinance is quite clear and specific. The City Attormey's Opinion was then read aloud, as follows: "In accordance! with Article V of the Charter of the city of Stillwater, Section 124, ESubsection (e), "TO constitute an ordinance a bill must According to law, • • • • (November 9, 19985-continued) 4 p receive .two readings previous to its passage, but shall not be read at any or,ther than regular sessions, nor twice at the same session. the second reading shall be by Sections, at which time amendments may be o.ffered, but the reading of a section shall not preclude the offering; of an amendment to.a preceding one." Therefore:t, it is the opinion of the City Attorney that Article V, Section L24, Subsection (e) is self-explanatory and amendments may be offereed after the first reading, in actuality, an amendment may be offereed to a section already read." Mayor Charlseet: The Planning & Zoning Commission was instructed to meet with Mr. Aiple. Mr. John Condoon, Chairman, Planning & Zoning Commission: Five members met with Mr. Aiple and Mr. Eckberg and Mr. Charles Thompson. We viewed the property and discussed it :afterwards. We did not significantly change our opinion - our original recommendation was that the north portion of that land should be rezoned and that the eolith end should not be rezoned, but could be granted a special use permit if we Mad some information as to the type of building and type of use the land was put tto. Mr. Aiple's amendment to his petition does not significantly change this. This wags the unanimous view of the bur members of the Planning Commission. Mr. Roger Hayes, 1319 Third Avenue South: Does your thinking on the Aiple property tie in with tile work that was done by your planning man, (Mr. Hodne) on which we spent some $100,000 some years ago? Does that tie in with your long range plan? Mayor Charleroi. That is the reason for the lengthy discussion; he was the one who recommended threat it be zoned residential. Mr. Chester Willson: May I ask if an amendment to the ordinance as proposed by Mr. Eckberg hass been drafted and is ready for action this evening? Mayor Charlsenn: The letter is all that has been received. Mr. Wilson: I: am asking that in order to take official action there would have to be drafted in precise language what part was amended. I would like to make a couple comments. There are some extremely important factors in this situation that have not yet been ti:horoughly analyzed; I would like to submit a written memo on my observations itm this field. I would like to first submit it to the Planning and Zoning Commiss::Lon; this is far too important a matter to be brushedoff by what seems to me to be an, unwise compromise. I have a favorite saying that carpenters build houses by hitt::Lng nails on the head and not by pounding the boards. I think I have a few nails th:st have not been hit yet. I would like to submit it to the Planning & Zoning Commi:.ssion and let them make their decision on it. It's too important to be dealt with (hastily. There does not seem to be any immediate urgency; I don't know of any preoject demanding immediate action, and I strongly urge that it be deferred. Mayor Charlsen_; What is your reaction? City Attorney: As to his first question ordinance, it'se not necessary because an of the legal deescription could easily be in should the Coouncil so desire to amend Mayor Charlsen r: Mr. Wilson, it's legal to the ordinance as it was first read. is the time to do it. as to having an amendment drafted into the amendment can be presented orally - part incorporated in; it could be incorporated it. to use this letter and make the amendment If you have some points to bring out, now Mr. Wilson: Itit won't be long - I would just like to site about three points which I think deserve very serious consideration. In the first place this river frontage is one of the npost favorable natural assets that this Council has any control over; there is none lleft on the St. Croix River that has not been occupied by individual use. This is an very substantial section of the river over which this Council still has control. The first consideration which should govern every foot of that area is that it must be developed to. take advantage of the river. None of that area should be used by • • (November 9, 1965-continued) .385 • any type of development tthat does not take advantage of the river frontage. The high II, bluff on the west side pmovides shade against the late afternoon sun in the summer, and provides shelter,agaihnst cold winds in winter: the river frontage and protection from the bluff are both advantages. Now, you have different ttypes of industries which might or might not make use of the river flow. The first class that would be undesirable is the type that woad not make use of the river flow; s..econd is one that might want to use the water for industrial purposes and at the same, time discharge its industrial waste into the river. We do not want any type of indektry that will involve a serious pollution problem or the hazard of accidental poL:.Lution. The oil industry presents a serious pollution problem. All human devices are subbject to failure; according to Murphy's Law, if anything can go wrong, it will. Look: what happened to oil spills on the Minnesota River that killed all those ducks -- that can happen again in spite of all precautions. That would rule out oil refineries, chemical plants and devices of that kind. The third type of industry. which I consider very desirable for that area is all desirable types of industry that will build up use of the nine foot channel to its full potential, but would be undesirable for any type of barge traffic to open the bridge and interfere with highwway traffic, especially emergency vehicles. Opening of the bridge should be done at: a minimum. It's good business to use barge -using industries down stream. Below the bridge has been exhausted and there is no place else to go, but a permit should be iissued and the nature of that industry should be carefully studied. All this adds up to and supports the recommendation of the Planning and Zoning Commission; the Council should not relinquish control over any of this area. The southerly part of thine area might very well be opened up, but should not be done by throwing it wide opens by zoning it an industrial district. If it's widely advertised that here is a district zoned for heavy industry, promoters will come in and it will be very hard to refuse them building permits on the face of that zoning ordinance; however if you keep it residentiial, you can issue permits. Back in the days when I was serving on the Planning Commission there was considerable talk about converting ttrat portion of the river into a public park - it was not seriously promoted. The City was under very heavy financial burdens. I think it should be given some study before any final conclusion is made on this property; before the Council votes to relinquish its control by changing the present ordinance. I want to urge that before you take final action, you will allow further study. As I mentioned at the otIber meeting, the County Board has appointed a Commission of ten and that Commiission will be going ahead with a County wide planning and zoning • program, including a pamk system. This Council should immediately employ competent park planners and get that old plan brought up to date. You have available right now financial aid from the Iland & Water conservation Act Fund. It would be an everlasting shame if this City, becaanse of an action by the Council on this matter, should lose the chance for aid on tlhis project. If we do not get our share of that aid, other y. communities that have head more energy and forsight will take the money. I am urging the Council to immediat.:ely go ahead and bring the park plan up to date and also study the Brown's Creek plan .again. I know the County Board gave you the cold shoulder on this, but maybe they' have changed their position. Some study should be given to using some of this land! involved in the present proposed amendment for park purposes. Getting back to the present ordinance, I hope you will refer it back to the Planning and Zoning Commission and allow further study of the different points which I have just illustrated here. Mr. Frank Aiple: I am glad to hear a lot of things Mr. Wilson brought up; there were some very good points, but I don't think that at this meeting we are talking about park use of that property. That's not what we are here to try and decide. Some of the people know this end some of you do not - it's fairly obvious, Chester, that you don't know it or you wouildn't have brought it up - about the bridge openings. I was asked by the Highway Department to do a little checking to determine eexactly actlyehoithout ow many pleasure boats bettween Wolf Marine and Prescott can go under an opening. At that tile there was something like 260 openings on the bridge. I came up with the conclusion that 90% of the boats can go under that bridge without lifting it. Any pleasure boat has the legal right in a federal water to blow for the bridge. I suggested at that times to the Highway Department, not a conclusive remedy, but a substantial one. What I suggested at that time would have cost about $125.00 or $150.00. Most people are fairly reasonable when requested a reasonable thing. if • (386 (November 9. 1965-contiinued) • signs were printed ens/ posted at the pleasure boat docks along there, I think about 40% of the openings could be eliminated. If you place signs along there that they are inconveniencing people by blowing a horn when not necessary, you would cut it down under 100. If this is a serious problem to the City of Stillwater, I think a big percent could bce cut down. You made the statement that the property should not be used until all other properties for commercial purposes on the river had been used. In order to use the river commercially you must have three things - highway, rail and water. You can take all the area from Stillwater down south and there isn't one single piece of property that has these three qualifications which they must have for industry to locate there. Any industry that isn't going to use the river - put them up on the back someplace; they shouldn't be down there on a navigable part of the river. I really think I have hooked over it and only find possibly two sites between Stillwater and Prescott that are suitable; they have these three qualifications that are absolutely necessary to get industry on that basis; this is the only real good small site left.. You said we are talking about a large tract of land; -I did ask for that but I cHbanged it. We are now discussing about 1,250 feet. Mr. Wilson: I don't think he and I are very far apart; I don't want to be mis- understood on this. I didn't rule out river' frontage above the bridge for industrial purposes, but the Cosuncil should not relinquish all control. On openings of the bridge they should bee held to an absolute minimum. Mr. Lyle Eokberg: I just wish to state this - Mr. Aiple is not here to pollute the river; he is not .here to do anything to hurt the river. There are federal agencies that have to be worked with. This land area, the southerly portion, under any circumstances is not suitable for anything but industrial property. I think the Planning Commission agrees with this. I do not believe that this property can be used for anything -else and I don't believe there should be any delay on this. There has been a losae of one industry in the City of Stillwater already because of the delay on this. vlfe are willing to submit our plans to you when the time comes and work with you on. it. Mr. I. A. Bergen: I: talked to Mt. Emil Knutson; he said he might be here, but for me to be sure and mention that there is a new interstate commission that was organized, and mentions that you would not have complete control over it where an individual piece of 'property is zoned industrial. I don't think the Planning and Zoning Commission ewer said they wouldn't approve something that might be placed there. If you zone :it industrial and somebody else buys it, I don't see how you could turn them down, for whatever they wanted to do. Iwas out of town when the Commission looked at: the property and I didn't go up with them, but I was there before. I feel the :came way - get an application in and if they want to turn it over to the Planning' Commission,good. We could do that and make.a recommendation - approve'it or disappnrove it. I don't see why a small piece couldn't be zoned industrial instead oaf a special permit like he mentioned. Mr. Frank Steinmetz:: I would like to mention this - one of the reasons I,have heard is that we wouuld broaden our tax base. I think Mr. Aiple is talking about 1,200 feet along thee road. Up above this area I have 700 feet of frontage; that together with my neiighbors controls the whole upper part of the bluff. It would be ridiculous for use to develop that portion of land above. I would never spend a nickel above if that property were zoned industrial below, not knowing what kind of industry would goo in there. Mrs. Dick Kearney: We are probably the newest property owners in the area; we bought in good faithh because we thought it was residential. Don't private owners have any protection when they buy property for a residence? Mr. Aiple: I think that you people will undoubtedly take with some consideration what Frank Steinmetaa said, and I also want to bring out that I don't take it too seriously because hee has bought up there knowing it was industrial. Homes have been built up there when it was industrial. I think a lot of homes will be bought up there in the futtnre if it's industrial. I have paid taxes on the property for twenty years as industrial property - maybe I don't have any rights. Frank brought up thee fact that the property owners were given the same notification that I was some yearns ago - legally it was a legal notice, -ut the notice that was given to me is subsetantially different than the notice for the property owners around here. When lit was publicized in the paper it was publicized with a whole • e (November 9, 1965-continued) • 387 {. group of other properties that were zoned at the same time. Some of them were right, some of them wrong. The notification didn't have any names - just descriptions. Mat's the only notices that I ever got - about two lines in the paper. You talked about consideration o:.E other property owners. This has been in the paper four times and the St. Paul paper once. I think there is some difference between the property owners and the notice I received when this Was rezoned residential. I understand, and I am trying to boa realistic and give thought to other people, but I think that they should also give* a little consideration. I think this split i.s a real good way of solving the problem. I hope the Mayor and Council will come ups with the proper decision and get me some action on this thing. You can't do it on as special permit. If it's zoned industrial the City Council hasn't lost all control over it. Mrs. Kearney: The spplit would accomplish your purposes, Mr. Aiple, but not ours: The split puts your 'property directly under ours. A citizens committee put those adds in the paper - 'sot the City Council. Mr. John Rheinbergerl I believe one of the primary concerns of those who have voiced their opinion: is that they do not know what is going on to this property in the event it would bon zoned industrial. For some reason or another, Mr. Aiple has been oddly secretive: about what he wants to use the property for. Mr. Eckberg said to rezone and then Utley will show you their plans for the property. Most people would not object to :L special use permit, but they do object to opening the door wide. You spent a loot of money to determine how this property in Stillwater should be zoned - the recommsendation said residential and you saw fit to rezone it residential. Also, ivt the face of the opinion of an expert, the Planning and Zoning Commission isn't going to go ahead and blanket zone this property industrial merely on the say so of the person who owns the property. If you refuse this it won't be the first time - whenever you do should be in the interest of the public generally. Mr. Eckberg: We all know that Mr. Hodne was probably a qualified individual. I have had occasion to know him and we discovered early in the game that Mt. Hodne didn't know what he was doing. Incidentally, he is not in the Planning business now. I do not believe that the members of the Council at that time knew that this property was being reezoned. Mr. Hayes: Mr. Hodnee was paid $10,000 - he wanted to make a park out of the Main Street business distnict downtown: This, of course, was not adopted. He wanted to place the business district out on the highway. Mayor Charlsen: Was itrot Mr. Hodne who won the award for rebuilding the harbor in New York City? Mr. Eckberg: Mr. Hoene is no longer in the planning business in this area. In 1963 this property( had been industrial for 100 years. We are wilting to work with you people on itt and go over it with you when the time comes. Mr. Hayes: Is it thee common practice for an industry when they come into a community to tell you what theyy want to put on that property? Mr. Eckberg: No industry will come in unless it's zoned industrial. Mr. Steinmetz: May ID ask Mr. Eckberg just why they want that. If an industry was permitted in an area,, why they wouldn't come in under a special use permit I can't understand. A permit: for any type of desirable industry could,be obtained in a very short time, Mr. Aiple: There are two reasons why it won't work. Any industry of any consequence - the industry here wouuld only be a small segment of a nationwide one. When they want to go into an area thtey send out many people to survey land they might be interested in. They won't send these men to make surveys if it's not industrial; they don't want to get into any problems with public rdations if they can be avoided. Another problem is because we° are so close to St. Paul and Minneapolis. If this town doesn't want any industry here, that's one thing, but I think this should be zoned industrial. A nice small plant wass going to come in here - it has now located in St. Paul - for packaging of salt of various kinds. • m (November 9, 1965-continuedi► 7388 -. e • Mr. Wilson: There are two sides to that proposition he mentioned. For industries adopting a location - thbe industry will pick every time the community to locate in that has the most atttractive residential area and preservation of recreation. The industry must first put its cards on the table. From that standpoint I don't think they have their cards on the table. Mt. Robert Brown: As I: listen to this, I wonder how permanent are the zoning Ordinances. Specifical:.Ly, if this land were rezoned, could it be rezoned again? And if it could be rezoned again, could it be submitted again? There wouldn't be any waiting period? Mayor Charlsen: No wai-.ting period. If he wanted to change his mind he could make -application. Councilman Powell: If Bane Council decided to rezone it, another Council could think otherwise. Mayor Charlsen: Gentlemen, you have heard the discussion, pro and con. Do you wish at this time to vo-.te on this and have a second reading of the ordinance? Councilman Powell: I aria in favor of doing it now. Cn motion of Councilman, Powell, seconded by Councilman Nolde, the Clerk read the proposed amendment to ale ordinance, and the vote was as follows: Cooiutcilman Iverson: No Coovncilman Nolde: Yes Coouncilman Peterson: No Coouncilman Powell: No Mayor Charlsen: No The Clerk then proceedeod to read the entire ordinance, and the vote after each Section was as follows: Seection I: Iverson, Peterson; Powell and Mayor Charlsen - No; Nolde - Yes. - Seection 2: Iverson, Peterson, Powell and Mayor Charlsen - No; Nolde - Yes. Seection 3: Iverson, Powell and Mayor Charlsen - No Peterson and Nolde - Yes. Mayor Charlsen then impaired, "Shall this ordinance pass?". The vote was as follows: Co:o-uncilman Iverson: No Corouncilman Nolde: Yes Co:auncilman Peterson: Yes Co:o-uncilman Powell: No Mayor charlsen: No Said ordinance did not luaus. CITY ADMINISTRATOR'S REI:PORT Administrators The firrat part of my,report deals with the Department of Public Safety. Your Director eo-f Public Safety met with the volunteer fire department" members earlier this evraning. The reason for the meeting was to get clarification. I.would like Mr. Roepke to explain what took place at the meeting. , Chief Roepke: The Auxi=liary Fire Department, as of the 1st of the year, would like to change to a volunteer; group - it has something to, do with insurance and compen- sation, etc. They want to change their name from auxiliary to volunteer. Mayor Charlsen: what dopes that do to their civil Defense status? • • • • (November 9, 1965-continued) 77�}nn\ • 309'1 r Chief Roepke: AccordEing to Doc Blodgett, it won't affect it in any way. They have fifteen men who are ggoing to stay with the organization. They only had eighteen or nineteen before. They want to change some of their ranks also. The Assistant Chief would like to be paidf $50.00 per month; the four captains, $25.00 per month; six drivers - $20.00 per month, and the firemen - $15.00 per month. Their budget in the past was $3,900; this would increase it to $4.500. Mayor Charlsen: This would guarantee us,a fire department too, won't it? Mr. Roepke: Yes, sin. they used to have 30 men with only 18 or 19 active. Councilman Powell: tCid the inactive men receive any remuneration at all? Chief Roepke: They where paid every three months. Most of the increase here is in the Assistant Chiefs! pay. Vern Andrews would be the Assistant Chief - he trains the men, etc. and is the backbone of our volunteer fire department. Administrator: Will you tell the Council at this time how many men will respond at any given fire? Chief Roepke: We shoould have 20 or 25 men. Councilman Powell: Lit sounds like a good program and a sound arrangement, but where do we get the money? Chief Roepke: We are, assuming we are going to operate on the same dollar wise figure we operated on this year for the Public Safety Department. The budget as it stands now will be same for five years, but in the future, if the money is available, there will be pay increases:of 3% or 5% or 10%, whatever. Councilman Powell: /IF there is an overall pay increase for City employees then it would increase the buufget? Chief Roepke: Yes. Councilman Peterson: Theoretically, your budget is over, then, what your money needs are. You have more money in your budget than What o u need? Chief Roepke: That's: right. councilman Nolde: we•will take care of it at budget time. Chief Roepke: They acre concerned about workmen's compensation insurance - how they are covered under thi-s when they are fighting a fire, Administrator: The City Attorney will check this for us. Mayor Charlsen: What: is your recommendation? Administrator: Mr. Rdoepke and Mr. Cormier have spent considerable time on this and have given it a lot o.E study. They have come up with a beautiful fire prevention program for the City; with this in mind, if it is humanly possible, we should carry out this policy as re.eeommended for the year 1966. I feel so good about the Public Safety Department that I think we should make every effort to get this through. The Engineer received! a letter from the Minnesota Department of Highways in regard to extending the r_ulv.•ert on East Hazel Street. Councilman Powell: I would like to suggest that a copy of this letter be sent to Mr. George Kutz. He :Is highly concerned about that. In view of the development taking place on Mulberrry Point (motel -hotel colnplexj, the Council should give this some consideration as a City project. It has more merit now than at any other time. councilman Nolde: I adon't agree with councilman Powell. Mr. George Kutz was going to take it upon himself to get the job done. 1 think we should explore this avenue first. • The Administrator was then instructed to refer the letter to Mr. George Kutz. • • (390 ... M.� w��,• • The following report visas received from the City Engineer: 1. As previouslly discussed with you, Mr. David Harrison has given notice that he wwill be resigning effective November 15, 1965. Administrator: Mr. Hasrrison is a valuable man in the Engineering Department; he has a better offer anal he is going to take it. In talking to the Engineer the other day about our Street Program in 1966, we will try to hire another man and try to get one who wiLll be as much help as Mr. Harrison was. Councilman Peterson: 1 move that the Engineering Department and the Administrator be instructed to explore the possibility of hiring a new draftsman. Councilman Powell sectonded the motion. Mayor Charlsen: Put as note in with Mr. Harrison's last check and inform him of. our appreciation for the work he has done and wish him success in his new job. 2. As per the asltached drawing you will note that the City is trespassing on asnd under the property owned by Mr. Donald Hill and Mr.Gilbert Swanson, known as Hill's Lily Lake Addition. The City has constructed two storm sewer lines on this property as an extension of thee storm sewer line in South Brick Street. This situation, I bellieve, can be corrected by obtaining an easement on this property. Administrator: In cas.:e an easement is obtained, do you have any objection if this street is used as: a public access to the lake? Councilman Nolde: I ams in favor of it. Councilman Peterson: :Let him negotiate and come back. Administrator: There vw as a request from an individual that the City dedicate this strip of ground as a puublic street; the City Engineer didn't feel this way. He thought it might be dangerous to pedestrian travel and thought an easement might be better and serves th•.e same purpose. The Engineer will discuds it with Mr. Swanson and report back to the -Council if this is o.k. Mayor Charlsen: Do th.tt. 3. Because of tithe petitions that are coming in, and Mr. Harrison resigning, I do :mot feel that the Engineering Department will be able to complete: the plans and specifications for the new street garage as origin::a:lly planned. The preliminary work is done. Administrator: It has.been suggested by the Engineer that perhaps, due to the urgency, we might ask Mt. Racchini what he would charge to design the garage building. We have an estimated caost; the street garage will probably be in the neighborhood of about $60,000. Councilman Nolde: We lhave a very capable architect in town that is not working and his fee would be reasonable - Byron Doyle. I weld like to make a motion that we contact this man and s•ee what he would charge. Councilman Peterson seeccaded tae motion. (all in favor) 4. This departmeent has held off recommending a firm be retained to clean the interceptor and collector sewers that were affected by the flooding this least spring, waiting for the American Pipe Cleaning Company to submit( their bid or cost estimate to the City. They have been stating thatt they would be over here in a few days ever since September, but tktiey have failed to come. In conversation with the State Board of Heealth, the estimated cost as submitted to them by 4 • • • e • (November 9, 1965-continued) 39fl this American Pipe Company was way over the cost as allowed by the government. The estimate as received from Soil Solidifiers, Inc. for cleaning the sewers was estimated at $9,557.81. The monies allowed by the government was $9,440.00. I believe that American Pipe Company shoulld be contacted, and if their estimate is too high or if it cannot bee brought down within reason, the City should have Soil Solidifiers, Inc. do the cleaning as soon as possible. Councilman Nolde: I will/ make the motion that you check this out as soon as possible; in the event they are too high, cancel them out. Councilman Peterson seceonded the motion. (all in favor) Councilman Powell: Mr. Engineer, are there any plans in the near future for a beach road culvert? Councilman Peterson: Heow much would it be to put a section of pipe under the road? City Engineer: There ante no monies available. A discussion was held att this time in regard to the progress being made on the opening of the new dumpsite. Mayor Charlsen stated that a legal technicality was delaying same. Administrator: Many requests have been received to build a sub -dike at McKusick Lake. Some of the property owners have built little dams and are diverting water. The lake is up. Requestts have been coming in to finish this little portion. The City Engineer and I have been out to look at it; there is a problem there with the spillway: If it is the Council's wish, he would pull the men off some other jobs andhaul enough dirt to t_+ry and hold the water as long as possible; it would take about three or four days. Mayor Charlsen: After we have spent the money we have spent out there, and if the job would only take three or four days, I don't know how we can turn it down. Councilman Nolde: I thiink we should stay away from it until we have the proper amount of money. We should apply to Washington to get money to do it right. Councilman Powell: It'es my feeling that as far as public relations are concerned between the City and those people who are affected, four days is a very small amount of time to put inn. If the Engineer feels he can put a little dam in there in four days, he should do it. I will make a motion to that affect. Councilman Iverson seconnded the motion. The vote was as follows: Councilman Iverson: Yes Councilman Nolde: No Councilman Peterson: No Councilman Powell: Yes Mayor Charlsen: Yes City Engineer: I will make no guarantees on the gate whatsoever. Councilman Powell: Do ynou feel it's worth a try? City Engineer: Yes. • t (November 9, 1965-continusad) e /392 • • PETITIONS From property owners on North Fourth Street requesting a street light at the corner of 1800 North Fourth Street and Poplar Street. On motion of Councilma.aa Iverson, seconded by Councilman Peterson, the Administrator was instructed to inveestigate the need for a street light in that area. On motion of Councilman Powell, seconded by Councilman Iverson, a petition requesting that certain property situated in Oak Park Township be annexed to the City of Stillwater, was accepted. (See Ordinances). DELEGATIONS OR INDIVIDUALS Mr. James Simpson: When I was here before I complained about utilities digging in streets. I would 1:1ke to hear by letter from the Council what protection I would have that utilit:ies would not dig in the street after it has been improved. The City Attorney was •directed in July to check into this and let me know. Administrator: I belieeve it is the intent, for any future street work, we are going to request that zany utilities be put in before the work is done. Mr. Simpson: When Myrttae Street is put in, is it going to be stubbed? City Engineer: They wrill have to go house to house and ask if they want it. Mayor Charlsen: You can stub in anyway. Administrator: Would won gentlemen be willing to have them come to a Council meeting so the Council will have a definite understanding? I would like to suggest to the Council that the City Attorney check the franchise and after this, if he feels an ordinance shouold be drawn, we can do so. Councilman Iverson movesd for the above; Councilman Peterson seconded the motion. UNFINISHED BUSINESS The following items were carried over from previous meetings: 1. Public Safetyy Director was to report on type of equipment needed to mount aerial liadder. Chief Roepke: We can amount that on a truck chassis with stiff legs, at a maximum price of $200.000. We can use it for many purposes. Councilman Nolde: I moon we purchase the necessary equipment to tow this ladder. Councilman Peterson seconded the motion. (all in favor). 2. Exchange of p:aroperty between City of Stillwater and Northern States Power Comp..cny. City Engineer: I received a call from the Northern States Power Company Manager here in Stillwater; he asaid their office in the city is waiting for the man that worked on it to come up with a plan showing acreage, etc., and hoped to have it ready by next Tuesday. • • (November 9, 1965-continued) 393 • 3. Option on Ritter property. Administrator: An option contract has been prepared by the City Attorney. The City tor have a supply ofy gravel6.ed as land owned by Mr. Ritter isa located three miler North of Highway #96. The reason l for acquisition of this land is for the Y material. Councilman Peterson moved -that the City enter into the option contract with Mr. Ritter; Councilman Powell. seconded the motion. (all in favor) 4. Approval of "Peterson's Addition" Plat (final) was On motion of Councilman Stride, seconded by Councilman Peterson, final approval given to Mr. Herbert Peteadson for the plat known as "Peterson's Addition" in the City of Stillwater. 5. On motion'of Councilman Nelda, seconded byy Councilman ffice building incilman Peterson, the Council approved thee drawing of the proposed Stillwater. repaireofesaidtsof Union trEet wasstreet carried overt owners reconstruction or to a future meeting. 7. Request of Johns Fazendin for sewer and watermain on East St. Croix Avenue. The Administrator was instructed to contact Mr. Fazendin to see difnhe was willing to pay for the entire assessment. The Council felt a hearing 8. Request of Wirmalow 6 Associates for sewer and water service, and street work. (Magpie Manor Nursing Home) We are wit the only property owners involved, but the othoers srdon't neBurkhardt: -through the area they own. we don't know of any nee d it. t. It has to go we can do it. Administrator: You wild! recall whenever we do any of these pro?ects, provisions sell bonds for this size project would be folly. The must be made for money-. To to put it in themselves. policy has been to encourage people Mayor Charlsen: Are yoou willing to put it in yourself? Mr. Burkhardt: I will. find out and notify you. 9. Petition for: vacation of East Poplar Street. (Thornton Simpson) Administrator: I wonder if the Engineer should check this out and report back to the Council. There is quite a bit of surface water in the area, isn't there? Mr. Thornton Simpson: That goes down into the ravine. On motion of Councilman Iverson, seconded by Councilman Peterson, the Engineer was directed to investigatte and report back on the 16th of November. 10. Petition ooE tor. Sherman S. Crane requesting the Council to open 125 feet ocE Third Avenue South for travel. • • • City Engineer: This is. feasible. It's a question of.what the City wants to do in this area. Do you want to open it up as a 36 foot driveway or what? Councilman Nolde: I dova't think we should take any action on it at this time. Councilman Powell: Have him come down to the next Council meeting and explain more about it. Administrator: So far as he is concerned, he just wants access to this property. Councilman Powell: Ceti we refuse the petition on the grounds that it isn't signed by abutting property owwners? I will move that we reject this petition on the grounds that it is not feasible. Any other petition would have to be accompanied by the consent of otherx property owners involved. Councilman Nolde seconded the motion. (all in favor) At this point, Mayor Cktarlsen announced that the annual Mayor's Christmas. Party would be held on Saturdray, December 11, 1965. 11. Petition of Fairview Cemetery Association for Annexation of Certain Land to tthe City of Stillwater (See Ordinances) 12. City Engineeex wanted Council to be aware of certain conditions in regard to Ceram -tone Products Company (use of land for gravel pit)_. City Engineer: One da:y I went out and looked over this property with Mr. Becken of Cemstone, and their Legal advisor, Mr. Eckberg. We went over the area they intend to remove the grravel from. They will peel back the top soil, remove the gravel they can out of the area, and then shape it up again. They are willing to cut a new road in Saouth of the present farm buildings, out to County Road #5, to alleviate any dust [problems that might arise. Mayor Charlsen: Do yams feel it would interfere in any way? City Engineer: No. Mayor Charlsen: What is the recommendation of the Planning & Zoning Commission? The Administr_to c read the following from minutes of the Planning Commission meetiing on October 26, 1965: "Motion (Carlson) that action be deferred until the Commission has an opportunity its meet with the representatives of Cemstone so the Commission can knave an outline of Cemstone's planning and get docu- mentary evidence of what the setup is to be, both for the present and the future. Seconded Whit) - Passed." Administrator: Is it agreeable to have some kind of bond posted to be sure that when they are through we won't have a horrible condition out there? Mayor Charlsen: They have shown their good faith. City Engineer: Some Mind of agreement should be drawn that they will be under the control of the City, sand the area is to be kept in workmanlike condition. A time limit should be put orm it also. I think it should be something executed by the proper officers of Cemstone Products. The Engineer and Administrator were instructed to drat an agreement, returnable on the 16th of November. • • (November 9, 1965-continued) ..� 3951 NEW BUSINESS On motion of Councilman: Peterson, seconded by Councilman Iverson, the following insurance policy was ap_aproved: Policy No. 3WC 16i 53 41, covering period from November 15, 1965 to November 15, 1966i, issued by the Agricultural Insurance Company for Workmen's Compensation Insurance. On motion of Councilman: Noide, seconded by Councilman Petersen, the following insurance policy was apaproved: - Policy No. 3 65 5.81 21, issued by the Reliance Insurance Company, covering the City' s Band Shell at Pioneer Park against fire, lightning, and exaended coverage. On motion of Councilman, Iverson, seconded by Councilman Nolde, the following insurance policy was approved: Policy No. IMP 43 96 42, issued by the Aetna Insurance Company, covering parking aseters (streets and lots) The following items weree carried over to the November Councilman Peterson, seconded by Councilman Iverson: Summons and Complaint in the matter of Eugene D Dittmar vs. the Ciuty of Stillwater. Summons and Complaint in the matter of James R. Smith vs. the City", of Stillwater. 16th meeting on Motion of . Dittmar and Patricia Smith and Jayne Ann Documents on both matters were referred to the Krog Agency and the City Attorney. On motion of Councilman Powell, seconded by Councilman Iverson, minutes of the October 26th Planning & Zoning Commission meeting were approved and ordered filed. On motion of Councilman Powell, seconded by Councilman Peterson, the following sewer rental charges were fixeed for the balance of the year, 1965: (fr = former rate) 7-302 7-304 7-305 7-420 7-422 8-280 8-282 8-284 B-465 9-166 9-176 9-177 9-178 9-604 9-606 Robert Tennant,. 1337 S. 6th Street Robert tenant,. 1331 S. 6th Street Robert Tennant,. 1331 S. 6th Street Robert Conley, 816 5. 5th Street Richard Stone, 812 S. Sth Street Paul Polzin, 11:L1 S. 6th Street Village Homes, L117 S. 6th Street Village Homes, 1123 5. 6th Street Wayne Lueken, 9413 5. 7th Street Greenbrier, Inc:,, 1127 S. Everett Street James Ponath, 1:.223 5. Everett Street Wilfrid Cormier., 1227 S. Everett Street Neil Moen, 1303 S. Everett Street Wesley Annis, 8003 5. Martha Street James Swenton, 8811 s. Martha Street New $ 5.00 New 5.00 New 5.00 New 5.00 New 5.00 New 5.00 New 5.00 New 5.00 Reopen 5.00 New 5.00 New (fr) 6.60 New 5.00 New (fr) 8.60 New 5.00 New 5.00 • • • (November 9, 1965-continue&) (396 10-577 Jack Felix, 400? 5. Greeley Street New $ 5.00 11-350 James Steele, L202 W. Oak Street New 5.00 11-385 Paul Langness,, 1315 W. Olive Street New 5.00 11-740 James Weaver, -414 Pine Tree Trail New (fr) 10.20 12-30 Albert Harsdor:E. 420 N. Owen Street New 5.00 14-640 Fred Bliss, 2115 N. Third Street Reopen 5.00 15-330 Martha Johnson,, 904 W. Laurel Street Reopen 5.00 17-298 Lawrence Linnet. 1001 N. Owen Street New 5.00 18-254 Ervin Italians,. 624 W. Wilkin Street Reopen 5.00 20-109 Allan Butterfiield, 1513 Meadowlark Drive New 5.00 20-124 Ray Lohman, 11220 West Linden Street New 5.00 20-222 Mel Wolffe 1238 Echo Lane New 5.00 20-235 Virgil Swanson, 227 Echo Lane New 5.00 20-347 Greenbrier, Irmo., 1422 Lookout Drive New 5.00 20-602 James Kastane,, 405 Laurie Lane New 5.00 20-612 Milton•Nelson„ 2206 Oak Ridge Road ' New 5.00 20-617 H. Schenhanks „ 418 Hanson Place New 5.00 20-620 Greenbrier, Immc., 412 Hanson Place New 5.00 20-809 Greenbrier, Inc., 402 County Road New 5.00 20-840 Gene Bremer, 28314 Fairmeadows Road New 5.00 21-145 Reginald Milleer, 707 Harriet Drive New 5.00 On motion of Councilman Iverson, seconded by Councilman Peterson, the Building Inspector's report coveeing activities during the month of October, was approved. ORDINANCES Second reading of an OreMinance Amendi.ng an Ordinance Entitled Zoning Ordinance of the City of Stillwater. (Sae pace i68) On motion of Councilman, Powell, seconded by Councilman Nolde, the Clerk made the first reading of "An Oredinance Amending an Ordinance Entitled Al Ordinance Establishing a Sanitary. Landfill, Providing Rules and Regulations Governing the Safe and Inoffensive Operation of Same, and Fixing Penalties for Violation Thereof". On motion of Councilman. Peterson, seconded by Councilman Nolde, the Clerk made the first reading of An, Ordinance Determining the Annexation of Certain Land to be in the Best Interest: of the City of Stillwater and of the Territory Affected, and Declaring Same to boa Annexed to the City. (Court House property) On motion of Councilman, Nolde, seconded by Councilman Powell, the Clerk made the first reading of An OrdiLnance Determining the Annexation of certain Land to be in the Best Interest of th,e City of Stillwater and of the Territory Affected and Declaring Same to be Annexed to the City. (Fairview Cemetery Association property). On motion of Councilman, Powell, seconded by Councilman Nolde, the Clerk made the first reading of An ord9Lnance Adopting a Fire Prevention Code Prescribing Regulations Governing Caonditions Hazardous to Life and Property From Fire or Explosion. (November 9, 1965-continued) • 397 • RESOLUTIONS The following resolutions were read, and were on roll call adopted: 1. Directing the Pay:neat of Bills 2. For rearing on Pry:posed Assessment - Local Improvement No. 52 (South Sixth Street Wate_:nnain) 3. Accepting Petitiosh and Ordering Preparation of Preliminary Report (Winslow and Assoeciates) Councilman Iversonn abstained from voting on this Resolution. ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Iverson, the meeting adjourned to November 16, 1965. ,This portion of the meeting closed at 12:18 A. M. Mayor Attest: City Clerk* • j 398 • Council Chamber Stillwater, Minnesota November 16, 1965 7:30 P. M. Regular Adjourned Meetang The meeting was called to order by President Chaxlsen. Present: Councilmen I:Terson, Nolde, Peterson, Powell, and President Charlsen. Absent: None UNFINISHED BUSINESS This was the day and t:Lme set to open bids for construction of a new City Hall and Fire Station.. The Clerk read the not_Lce for bide aloud; the Mayor inquired if the notice for bids was publishedc, and the Clerk informed the Council that the notice for Bids was publishedr in the Stillwater Evening Gazette, official newspaper of the City, on Octobesr 7th, 14th, 21st, 28th, and November 4th; and also in the Construction Bullestin. The following bids were then opened and read aloud: GENERAL CONSTRUCTION Note: In addition to Base Bid, contractors bid on alternates as follows: Alternate No. 1l Alternate No. 23 Alternate No. 38 Alternate No. 4® Wooden Window Frames Stone Exterior Terrazo Tile Alarm System Bid No. 1 K. J. Johnson Construction Co. St. Paul, Minnesota Base Bid: $317,459.00 Alternate No. r $ 3,180.00 (add) Alternate No. :2 $ 3,165.00 (add) Alternate No. =3 $ 1,026.00 (add) Alternate No. M $ 400.00 (add) Commence work: Complete Work: Bid No. 2 November, 1965 Within 300 calendar days Geo. Grant Construction Co. St. Paul, Minnesota Base Bid: $323,500.00 Alternate No. .1 $ 2,836.00 (add) Alternate No. :2 $ 3,261.00 (add) Alternate No. :3 $ 3,134.00 (deduct) Alternate No. .4 $ 210.00 (add) Commence work: Complete Work: November, 1965 Within 275 calendar days • • • • • Owl Bid No. 3 Aichinger & Green Construction Co. St. Paul, Minnesota Base Bid: $332,700.00 Alternate No. 1 $ 3,800.00 (add) Alternate No. 2 $ 3,500.00 (add) Alternate No. 3 $ 1,300.00 (add) Alternate No. 4 $ 500.00 (add) Commence Work: Complete Work:: November, 1965 Within 300 calendar days Bid No. 4 Adolfson & Peterson, Inc. Minneapolis, Minnesota Base Bid: $325,700.00 Alternate No.. 1 $ 3,000.00 (add) Alternate No.. 2 $ 3,900.00 (add) Alternate No.. 3 $ 1,400.00 (add) Alternate No.. 4 $ 300.00 (add) Commence Work*: November, 1965 Complete Worla: Within 330 calendar days Bid No. 5 Keller Construction Co. Mahtomedi, Minnesota Base Bid: $342,900.00 Alternate No.. 1 Alternate No.. 2 Alternate No... 3 Alternate No.. 4 Commence worl•i: Complete Woriok: Bid No. 6 $ 2,300.00 (add) $ 4,800.00 (add) $ 1,250.00 (add) $ 300.00 (add) November, 1965 Within 290 Calendar days Sheehy Construction Company St. Paul, Minnesota Base Bid: $332,400.00 Alternate No. 1 $ 2,000.00 (add) Alternate No.. 2 $ 4,500.00 (add) Alternate No.. 3 $ 1,300.00 (add) Alternate No.. 4 $ 250.00 (add) commence Workk: Complete Workk: November, 1965 Within 300 calendar days Bid No. 7 Dean Lundholm Construction Co. St. Paul, Minnesota Base Bid: $318,700.00 Alternate No 1 $ 1,900.00 (add) Alternate No.. 2 No Bid Alternate No.. 3 $ 1,200.00 (add) Alternate No,. 4 $ 300.00 (add) Commence Workk: November, 1965 Complete Workk: Within 270 calendar days • (November lb (400 • Bid No. 8 Wm. Baumeister Construction St. Paul, Minnesota Upon openi.ing Bid No. 8, the Administrator discovered that there was no bide bond or certified check enclosed. The City Attorney advised that the bid should not be read as the Advertisement for Bids speciiiiied that a bid bond or certified check accompany each bid. The Clerk was then directed to reseal the bid, without reading sauna, and return it to the bidder. The following bid:ls were then opened and read aloud: MECHANICAL CONSTRUCTION Bid No. 11 M. M. Peaslee Co., Inc. Stillwater, Minnesota Base Bid:: Complete pork: $ 93,781.00 Substantially completed when General Construction is substantially completed Bid No. va Axel Newman Heating & Plumbing St. Paul, Minnesota Base Bid:: $ 91,200.00 Complete York: Substantially completed when General Construction is substantially completed Bid No. :) Base Bide: Completee Work: Capitol City Plumbing & Heating St. Paul, Minnesota $ 95,800.00 substantially completed when General Construction is substantially completed Bid No. 4 Egan & Sons, Inc. Minneapolis, Minnesota Base Died: $104,200.00 Complet.:t Work: Substantially completed when General Construction is substantially completed The following bolds were then opened and read: ELECTRICAL CONSTRUCTION Note: In addition to Base Bid, contractors bid on Alternates as follows: AlternatRe No. 4 Conduit for Alarm System Alternatee No. 5 Change in Parking Lot Standards Bid No. 1 Linner Electric Company Stillwater, Minnesota Base Bi.d: $36,888.00 Alternate No. 4 $ 513.00 (add) Altern.a.te No. 5 No Change • SW, SrU VV„Ll„VtlU/ 4011. Bid No. 2 Bielenberg Electric Stillwater, Minnesota Base Bid: $39,700.00 Alternate No.. 4 $ 465.00 (add) Alternate No.. 5 $ 190.00 (deduct) Bid No. 3 Commonwealth Electric Co. St. Paul, Minnesota Base Bid: $38,350.00 Alternate No.. 4 $ 810.00 (add) Alternate No.. 5 $ 495.00 (add) On motion of Councilmnen Peterson, seconded by Councilman Nolde, all bids were referred to Peter Raaxhini, architect, for study and report at a later date. Councilman Iverson wars opposed. Administrator: Mr. Byron Doyle was in the office Friday. Word got to Mr. Racchini that we were looking :for an architect for the new street garage. I informed him that the man is not a registered architect. Councilman Nolde: I ttold him I felt if the City could save money by hiring Mr. Doyle - in my mind he is the man for the job. Councilman. Peterson: There won't be any conflict; we contacted him. Administrator: He is coming in tomorrow to see the City Engineer. City Engineer: He is not registered and I wouldn't get him. Building Inspector: Me drew the plans for the present city garage through this office. Would it be 8possible to employ Mt. Doyle on a part time basis for the new garage? City Engineer: If he wanted to work that way. Councilman Nolde: How would you have any trouble financing? Mr. Ozzie Springsted: there would be no problem as far as financing. Administrator: I belileve that the City Engineer is trying to tell us that you may run into complicationss as far as the Board of Health, etc., is that it? City Engineer: Yes. Councilman Peterson: Was there any complaint on the present garage? Building Inspector: Malone whatsoever. Councilman Powell: I think this suggestion of Chuck's would solve our problem. It would be my suggesittion that the City Administrator, when he discusses this matter with Mr. Doyle., work out some arrangement. A discussion was held in regard to the Engineer's estimated cost to extend the watermain on West Myrtile Street to the location of the new garage. Estimated cost was reported at 8$9,148.00 • • • (November 16, 1965-ccnntinued) 4rl ,� Mayor Charlsen: May I bring up another subject before we discuss this any further? Didn't: you receive a call that there was going to be a todoo about 7 building a city garage out there? (site of present dump) We are building a commercial property in one of the best residential areas in town. Councilman Noldee: If we are going to get technical about the garage being there, we are goring to have the same people coming in. Building Inspector: But the dump was there when they buil'- their homes. Councilman Noldee: Where would we go to build a garage for our needs? Mayor Charlsen: People are going to be very irate. What about the property behind the new City Hall; there are four or five lots in there. Councilman Noldee: Sheldon Smith owns some of that property. Mayor Charlsen: How much property does the City own up there at the present time? Engineer: About: five or six blocks, but the water tower takes about two of them. Councilman Peter:•son: If we are gdng to have it out there (by the dumpsite) let's hear the olbjections. Administrator: LS'haLL we tell Mr. Doyle to go ahead and get plans ready? Mayor Charlsen: Yes. The Engineer reported that he had not yet received any word in regard to the exchange of property between the City and Northern States Power Company. The Administrator reported that he and the City Attorney had both checked on the matter of Conmpensation insurance for the olunteer firemen and were in- formed that they have the same coverage as regular firemen in case of injury. City Attorney: Zit is based on a forty hour week and the same salary that a regular fireman receives for a forty hour week. Administrator: What is the reason for the high premiums on our insurance. The Engineer repoarted that he had no report as yet on the matter of an easement on the Donald Hillt - Gilbert Swanson property. The Administrator- reported he had receive{ a letter from Winslow 6 Associates in which they withdrew their request for City sewer and also withdrew their request for completion of Stillwater Avenue and Carnelian Street. Councilman Powell.: What do they intend to do, then? Administrator: There was no explanation. Building Inspecto e: They are going to extend the watermain and the sewer by private easement. We can't refuse them if they run the sewer according to the City code. I was hoping they would extend the sewer and water up Carnelian Street so it woulod be available to the next block. Mayor Charlsen: ils the sewer ever runs uo there, they will be assessed for it. Building Inspectonr: They understand that. • • • (November 16, 1965-continued) • 403 \• Councilman Nolde: What do you think of this proposal? City Engineer: Ass Mr. Thompson said, there is nothing we can do about it. Councilman Nolde: We don't have to grant them a permit to hook onto the sewer. Building Inspectom: You can't refuse them. Administrator: Doo they have the approval of the State Board of Health? Say the City had to go in there and clean it. Building Inspector: The City has nothing to do with the lateral. The maintenance of this sewer linee from Wilkin to the building is entirely the responsibility of the building. City Engineer: How can the Water Board give them permission to run that water line up that street wittLout getting permission from the State Board of Health? Building Inspectors.: It's up to the Water Board to have it approved. That's their job, isn't it? Itn's not mine or Ron's, and they approved it. Councilman Nolde: Approve it subject to the State Board of Health. In the past the water board hams always sent people to the Council. Did the man come to you? City Engineer: No, it's up to the Water Board. Councilman Powell:: In order to get this done, the City Administrator should contact the Water Board and ask them how this was handled. In view of the fact that all other regpuests have come to the Council and this one didn't. Administrator: Thee Engineer has a good point. If some day that street is graveled or something and t_hse water line is exposed, who would pay for lowering it? Councilman Powell:: I move the Administrator be instructed to contact the Water Board and get the _particulars. I think you know the Council's position on this. Councilman Nolde s•:econded the motion. Mayor Charlsen: A:.sk why they allowed one party to do this and not the other. Councilman Iversoni abstained from voting. The petition for vacation of East Poplar Street was again discussed. City Engineer: As: per the Council's request, I went up after the last Council meeting; in view oAE the topography of the land, I have no objections other than these people will Ihave to be extremely careful about dumping water down below. Councilman Peterson: Would the City be responsible to stop that? City Engineer: We .are not changing the flow of the water. As long as the water flows its nat rral. flow we are not responsible if we vacate that property. Councilman Nolde: would it ever be such a thing that the City would need storm sewer on that property? City Engineer: I asetously doubt it. Councilman Peterson : Why do they want it vacated? Mr. Thornton Simpson: I have the lot north of this street. If the street were vacated, there woulld be room enough to put a garage on this lot. As far as water you are talkising about, 1 think the bulk goes down the east side of Second Street. Councilman Nolde: all you are interested in, then, is having enough room to build a building amd a garage, is that it? • • • 1 4 (November 16, 1965-c=ontinued) Mr. Simpson: YYese there is not enough depth for a house as it ie now. Councilman Nolode: What would be wrong with a special permit and the City keeping the propperty in case someday we needed to build a sewer there? Building Inspeotor: A building on that site would not interfere with any other building' in the area. The street, as it is now, is worthless. Councilman Pow•e11: Where would his garage be in respect to the north right- of-way of Poplar Street? Building Inspeoctor: Approximately 15 feet. Councilman Poweell: Do you feel vacation of that street would not be detrimental? City Engineer: If I could feasibly do so, I would vacate every other street in town: Councilman Poweell moved that the hearing date be set for January 11, 1966; Councilman Peterson seconded the motion.' A discussion wags held in regard to the Gemstone Products Company request for a special permit-. Administrator: An agreement has been drawn between Cemstone and the City. (agreement was read aloud) Mayor Charlsen a Was this drawn by, the City Attorney? Administrator: By the Engineer and the Attorney. Councilman Powell moved that the agreement be accepted; Councilman Nolde seconded the motion. (Councilmen Iverson and Peterson voted No). Mayor Charlsen a What seems to be the problem? They have agreed to abide by instructions off the City Engineer. Councilman Peterson: we have a dump going out there now. There is nothing in there to the aftfect that a bond will be posted; it states what they have to do, but what if they don't do it? Councilman Poweell: The long range plan for this property is to develop it, is it not? Building Inspector: We had a. situation out here on the north end of town - the developers of that piece of property had to submit a plan, etc.; now you are going to Wry around and grant a commercial permit to residential property. You required Swsager and Bergen to develop that property in accordance with the ordinances; nowa you turn around and grant a permit to Cemstone. This is a question that ilia going to come up. Mayor Charlsen a This is a special permit to take the high spot off the back of the propertyry in order to level it off. Councilman Powell: If you are going to beautify this land so it can be built on, it must be part of an overall plan. If it's not an overall plan, what is it? When you ]Hook at it in that light, maybe they are simply starting something that's convenient for them to get the gravel. Mayor Charlsen:: I elect not to vote. Councilman Poweell: I wish to call for a roll call vote. Councilman Iverson: No Councilman Peterson: No Councilman Nolde: Yes Councilman Powell: No • • (November 16, 1965-continued) 405 • • AM Mayor Charlsen: Mr.. Racchini is back now; maybe we can digress for a time to hear his report on the buds (for new City Hall). Mr. Racchini: On UR.° base bids, the total of the three low bidders is $445,547.00; Alternate No. 1. is rfnr wood windows - if it were accepted it would change the low bidder from Johnson. to Lundholm by $39.00. Councilman Powell: We haven't really decided what alternates we are going to accept. Mr. Racchini: The only one I would recommend would be Number 1. Councilman Powell: Co you think terazzo flooring is a long term advantage? Mr. Racchini: Tiles floor would be fine, but terazzo has a more formal appearance. Administrator: At the outset of this thin•, you directed your appointed City officials to make iinspections of various city halls. One thing we came away with is, "don't skimp om floors". I just mention this to you. If there is any other way to cut corners on expenses, do so, but stick with a good floor. Councilman Petersorm: Your original estimate was $365,000; now we are talking about $440,000. Mr. Racchini: Contrractors are bidding a lot of jobs now - they are all busy and this is a factor. Councilman Powell: What are we talking about now if we went into a cheaper building? Mr. Racchini: You would have to start from scratch. Councilman Nolde: This is exactly what we need and we shouldn't start over. I am all in favor of going ahead. Mr. Racchini: For a building in this classification, it's about as cheap as you can get it with thiis type of construction. Administrator: In your opinion this building is not plush? This is what you would call a consexrvative building? Mr. Racchini: Yes.. The only room we tried to add a bit to was the Council and Court Room. Administrator: I wonder if we might ask our Building Inspector what his personal opinion is on this: matter. Building Inspector,: We can cut down on materials and the type of construction we have and put up a simple building for considerably less; the only thing is, is that what you want_? This building is going to be here for a long time. Mr. Racchini: I would like to point out that there would be a difference in your insurance rates allso. You are going to be using this building for at least eighty years, and I feel 'we should accept this. Administrator: Hoes does your Engineer feel about it? City Engineer: Byy delaying it, you aren't going to get it any cheaper: What alternative d, yow have, gentlemen? Administrator: Using these figures, I wonder if Mr. Springsted could give us some idea of what our payment of principal and interest would be per year on the bond issue. Mr. Springsted: F2or something like this, I think it's entirely justified to take a maximum number oaf years - thirty years. It is entirely equitable to keep the cost as low each wear as possible. My recommendation to you would be to think in terms here of a loonger issue than you normally would. Thirty years is the maximum time our State laws permits. Another thing to think about is whether or not you with to put in the levy this year - collectible next year. If you don't, I would suggest you consider including it in the bond issue, capitalizing interest for one year. • • • • (06 (November 16, 1965-contlinued) • • • • Mayor Charlsen: :Individually, I would like to ask you what your feelings are on the acceptance -of the lowest bid; perhaps further discussion with the con- tractor would be .advisable; maybe we could cut a few things, I don't know. Councilman Peters.»n: I am not happy with the bids, but we are committed; we either have to doo it now or forget about it entirely. I feel we may as well do it. Councilman Iversoon: No comment. Councilman Nolde:: I am in favor of moving ahead and get the job done. Councilman Powelll: I feel the same as Councilman Peterson. I would like to see a little less momey spent, but wouldn't want to sacrifice the lasting construction of the building. I am in favor of going ahead but would like to do it as reason- ably as possible.. Mayor Charlsen: That ismy feeling. We have committed ourselves to the federal government; I donet know how long we have to wait. Mr. Racchini was then instructed to check the bids over again and report back to the Council att a later date. He then reported that the low bidders on the Mechanical and EYiectrical portions were Axel Newman Plumbing & Heating Company, and Linner Electric Company. Mayor Charlsen: Are you in favor of making a motion asking our fiscal agent to start proceeding for a $500,000 bond issue? Councilman Nolde moved for the above; Councilman Peterson seconded the motion. (Councilman Iverson was opposed) Mr. Springsted thnen explained that the Council would be able to realize a saving if they would reffinance the 1959 Sewer Improvement Bonds. The Council, with the exception of Courncilman Iverson, was in favor. Councilman Iverson later changed his mind. The City Clerk tliien presented to the Council proposed forms of notices of Bale for $500,000 Muniicipal Building Bonds of 1966, to be issued to construct a new City Hall, and $525,000 Refunding Bonds of 1965, to refund outstanding bonds of the issue of Sewar Improvement Bonds of 1959, dated as of November 1, 1959. The forms of notices were considered and approved by the Council, and the Clerk was directed to file a copy of each notice in his office and to attach a copy thereof to the minutes o:f this meeting. Councilman Powel:l then introduced Resolution No. 2826, entitled, "Resolution Providing for Issuance and Public Sale of $525,000 Refunding Bonds of 1965". Councilman Nolde• seconded the motion and upon vote being taken thereon, the following Councilmen voted AYE: Iverson Nolde Peterson Powell Mayor Charlsen, and the following voted NO: None whereupon said resolution was declared duly passed and adopted and was signed by the Mayor, attested by the City Clerk, and directed to be published. Councilman Powel.L then introduced Resolution No. 2827, entitled, "Resolution Providing for Isnuance and Public Sale of $500,000 Municipal Building Bonds of 1966"; Councilman Nolde seconded the motion and upon vote being taken thereon, the following Coancilmen voted AYE: Nolde Peterson Powell Mayor Charlsen, and the followinng voted NO: Iverson whereupon said resolution was declared duly passed and adopted and was signed by the Mayor, attested by the City Clerk, and directed to be published. Maw • • (November 16, 1965-continued) 407 • Bids on bonds too be opened December 2, 1965, at 11:00 A. M. Administrator: In the matter of the Summons & Complaint served on the City by James R. Smith :and Jayne Ann Smith, I have received correspondence to the effect that the insurance company denies coverage on these two cases. They retain the right to deny cooverage, but will defend, and they have filed answers to the complaints in booth instances; they suggest that the City Attorney associate with them as counsel because of the fact that they deny liability. They indicate that the City does nat have to pay their attorney fees, but to clarify this, I. think I should write Uthen a letter. These two parties claim the City is trespassing on their property — damage was caused to their property as a result of the rain storm en May 30th and June let. NEW BUSINESS Administrator: We have received a letter from Mr. Tom Curtis in regard to the bad condition wh..Lch exists in frontcf the caves on Main Street. Is it possible to clean up the .Loose dirt down there? City Engineer: 'there is nothing to clean up but dirt; there is no pavement. Administrator: II think he would be satisfied if the street sweeper went down there. Administrator: [rite have a letter from the St. Croix Valley Area Chamber of Commerce, Parking Committee, stating that Mr. Peaslee had never been given permission by any/ of them to park free; there was some question about this. On motion of Councilman Powell. seconded by Councilman Nolde, the following change order was approved: Change Ordeer No. 15 Municipal Parking Lots Parking Lot No. 3 Contractor:: Tower Asphalt, Inc. Nature of CI:hange: Remeasurement using corrected widths and lengths increased the square footage of sidewalk and driveway and the lineal footage of curbing - in place. 22 Lin. ft. 55 Sq. ft. 55 Sq. ft. Concrete curbing in place at $2.50/1.f. _ $55.00 4" Concrete sidewalk in place at $0.60/s.f. = $33.00 6" Concrete Drive entrances in place at $0.55/s.f. = $30.25 Increase in Contract Price for Parking Lot Improvement: $118.25 Councilman Petersoon: I had someone approach me on the street last week in regard to selling the Eriickson Parking Lot. He wanted to know if it was for sale and how much the City woulld ask for it. Somebody is definitely interested in building a building there. • • • (November 16, 1965-continuaed) 08 • • Mayor Charlaen: Itt cost us $45,000 plus the cost of tearing the building down. Councilman Peterson: Probably there should be a price set on all of these in case it comes uplp another time. Mayor Charlsen: Yoou can't sell property you have revenue bonds on. Councilman Iverson:: At the time this came up in the first place, I asked if we could sell this property; you said yes, but we have to replace it wit% an equal amount of parking property. Councilman Powell ri How could you set a price on this? Wouldn't you have to have bide on it? Administrator: Peeople have paid assessments for parking areas; you have tc provide parking arras for what the people are paying an assessment on. Could we ask the City Atttorney to give property? City written opinion as to what procedure will be for selling parking City Attorney: Yves. Councilman Iversoan: I move we follow the City Administrator's suggestion and instruct the Cityy Attorney to check this whole procedure out. Councilman Powell() seconded the motion. (all in favor). Administrator: Ttte Police Department would like to suggest that the Council pulle etr them consider allowinog them to establish a Policemen's Relief Association something similar to the y_.inton 't RthisfwouldAssociation. somethingathatwould wouldabt&dlong up slowly, but to get any mthey •utur it; itoige in the :future thatwopld have some benefits. Allng for is to get an ettcauld to set up some bylaws, established we a:ould levy one and a half mills until the fund balance reaches $150,000. Councilman Peterson: Wouldn't this have to go to a vote of the people? The and also theyAwttorny ouldego alaoutghiring an attorneyatol help form ainform s to how Policemen's Relief Association. On motion of eornancilman Peterson, seconded by Councilman Nolde, the following collateral, ple•edged by the First National. Bank of Stillwater to secure City deposits, was approved: $100,0000 Government Agencies Bank for Co-ops. The Administrattor reported that plans and specifications submitted by Peter Racchini to thee State Board of Health (for new City Hall) have been approved. Administrator: Judge Sandee;: start work on IINovember 29th. of the Administtrator's office. set at $450.00 per month. Councilman Pow:eLl: new Clerk of Cdaurt at $450.00 I move to hire(' a clerk of Court, Russell Wolff; he will The s longer a It•� wasipal Court agreed that 1Mr. oWolff's salaryly would be introduce a resolution to fix the salary of the per month. councilman Iveerson seconded the motion. (all in favor). • (November 16, 1965-continued) f�9\ • n Councilman Powell: III move to introduce a resolution that the City Administrator's salary remain as it ids at the present time. Councilman Peterson eseconded the motion. (all in favor). RESOLUTIONS The following resoluotions were, on roll call, adopted: 1. Directing the Pasfinent of Bills 2. Fixing Salary - Clerk of Court C,o. ..•>. ,. ....� ,. r2 in=.act 3. Providing for Isssuance and Public Sale of $525,000 Refunding Bonds of 1965 (see page 406) 4. Providing for Issuance and Public Sale of $500,000 Municipal Building Bonds of 1966. (see image 406) 5. Fixing Administrator's Salary 6-r R""(''�`�� ADJOURNMENT On motion of counci.ilman Iverson, seconded by Councilman Peterson, the meeting adjourned at 12:59 A. M. Attest: City c:lerk dill ICS Mayor • • (41U • Council Chamber Stillwater, Minnesota Special Meeting) The meeting waus called to order by President Charlsen. Present: Couna.rilmen Nnlde, Peterson, Powell, and President Charlsen. Absent: Couna:eilman Iverson November 18, 1965 4:30 P. M. The meeting wars called to discuss bids for construction of the new City Hall and Fire Stations vvhich bids were opened and read on November 16, 1965. It was the opinion of the, architect, Mr. Racchini, that the bids be awarded immediately, so construction coould be staited as soon as possible. The Council heard the recommendations of the architect, and after further discussion, Coouncilman Powell stated: "In view of the discussion that we have heard, I move no introduce a resolution awarding the contract for the general construction onf the new City Hall to the Lundholm Construction Company, and that alternate bids numbers one and four be accepted also. Councilman Noldde seconded the motion. (all in favor) The vote on thee resolution was as follows: councilman Nolde: Yes Councilman Peterson: Yes Councilman Powell:' Yes Mayor Charlsen: Yes Councilman Powell: I move to introduce a resolution awarding the Electrical contract to Limner Electric Company, and the Mechanical Contract to Axel Newman Heating & Pluml±ing. Councilman Nolde seconded the motion. (all in favor) The vote on the resolution was as follows: Councilman Nolde: Yes Councilman Peterson: Yes Councilman Powell: Yes Mayor Charlsen: Yes Administrator: Is there any question in your mind that this is a legal meeting and a proper meeeting? City Attorney: No; you can call a special meeting whenever you want to. Mayor Charlsens: The people are entitled to have their say. City Attorney: The public had plenty notice of the meeting the other night - it was highly advertised that we were going to advertise for bids. RESOLUTIONS See above. ADJOURNMENT On motion of Coouncilman Powell, seconded by Councilman Peterson, the meeting adjourned at 5::52 P. M. Mayor • • 411`� Council Chamber Stillwater, Minnesotan Special Meeting November 29, 1965 10:00 A. M. me meeting was callesd to order by President Charlsen. Present: Councilmen Nolde, Peterson and President Charlsen. Absent: Councilmen Iverson and Powell. Administrator: We nosed some Council authorization. Ron says he needs help. At least one or two men;he has to do some staking, etc. What do you gentlemen want to do about it? City Engineer: I nee.ed experienced rod men; they want to start digging tomorrow (for new city hall). I can't get stakes in that quick - Jack can't do it himself. Councilman Nolde: Wh::at would this job pay? City Engineer: If youu are going to get someone, you are not going to get anyone for less than $450.00 or $500.00 per month. Councilman Peterson: How long would you need a man? City Engineer: For alit least a month. Administrator: All tits could be charged to the project? City Engineer: I supppose so if you have the money available. I need experienced men - we can't bs off two inches. Mayor Charlsen: How asbout Banister? How much would he charge? Councilman Peterson: Salary plus 5O%. Administrator: We are in a very serious situation. Phil just talked to Lyle Eckberg; we have to halve the other lot (next to City Hall site owned by Sheldon Smith) to dump fill onn. All that material owned by the telephone company has to be taken off of there rigght now. As far as you are concerned, you have no part of this - it is in Lyle'ss hands? City Attorney: Yes, except that I have been after him all the time; all it takes is drafting of an easement. City Engineer: We will be cutting trees off of the property today. Administrator: What ilE he goes ahead and hires an attorney and gets an injunction? City Attorney: He wouuldn't have a ghost of a chance to get an injunction. Administrator: Then, in your opinion we can go ahead and cut the trees? City Attorney: Yes. Administrator: What ilf we call the tebphone company and ask them to remove that material off the lot and they complain to Mr. Smith? City attorney: Smith .said it's no problem and that's all I know. As far as Bliss he doesn't have a chan•:ce; he is willing to sign an easement, and Smith is willing to sell. I admit there has been a lot of lax in getting this done. Administrator: we are. going to take your advice, Phil, and we are going in and cut the trees on the B:.liss property, or the property he claims is his, then we'll dump the trees on Smitllh's property and call Northwestern Bell Telephone Company and ask them to remove material stored on the smith lot. • • • if (November 29, 1965-conttinoed) • • Now - we haven't given Ron an answer yet on the other problem. Is it o.k. with you gentlemen to hire someone? Mayor Charlsen: If he can find someone. Councilman Nolde:: I move we instruct the City engineer, after interviewing and finding a capablte. man, to hire him. Councilman Peterson seconded the motion. Mayor Charlsen: Is this temporary? Can we put this on a temporary basis for the time being? The Council agreed. The Administrator called Mr. Harold Foster of the Water Department, and requested that he join the meeting. Mr. Lyle Eckberg9 arrived at the meeting. Administrator: Lyle, we are ready to start cutting trees on the new building site; the dirt :from the fire station site has to be moved someplace and the only place to move iti is on the Smith property. How does that stand? Mr. Eckberg: H.:e i.s ready to convey the property. Councilman Pete:erson: What about the Northwestern Bell material stored there? Mr. Eckberg: T,:aey don't have a lease on it. Administrator: Can you do this today? Mr. Eckberg: CDf. sure. Councilman Peterrson: Do we have to call Northwestern Bell? Mr, Eckberg: II had better call them. Mayor Charlsenu: Will you get the papers up here today for Mr. Brower to sign? Mr. Eckberg: Iles. Councilman total of property. andt:$1,000 forat will be StillwateraDevelopment3,000 then ($2,000 for Smith property), Administrator How are we standing with Bliss? Mr. Racchini: What we have done is come in with their drive - it comes in with ours - we just: widen theirs out. Mayor Charlsen: There will be a common driveway then for Bliss and the City? Mr. Racchini: Yes. Councilman Peteerson: That section that Bliss claims is his - can he stop us from cutting trees 7 Mr. Eckberg: No. You can go ahead as far as I am concerned unless you hear from me otherwise. There will be no problem, I am sure. Mr. Harold Forater arrived at the meeting. Administrator:: Harold - we have a little problem at the building site. Mr. Racchini: From our standpoint it is all settled, but tsI derstandeHHarold did not know sabout this until not too long ago, and , sorry rt informed aboutt this. We have to move the fence so we can get a road by the building, and also there is a waterpipe which can't be located. • (November 29, 1965-continued) 41_ 3 • • Mr. Harold Foster: We should have been informed or asked; somebody was negligent. I have to bring this up to the Board - I don't make the decisions myself. Has the State Board of Health approved the whole project up there? Mr. Racchini: Yes. floes moving the fence create a hardship on you? Mr. Foster: We go in there with a lowboy and it's not too simple to get in there now. me. Racchini: We put the gate on the ^forth side so you could come in from the road. Mr. Foster: When this pipe is located, I want you to understand this - this gravity line to an artesian well - nobody has ever seen it - there is 700 gallons of water per minute going through there. I can't understand why the State Board of Health approved that. Mr. Racchini: I have sent them additional plans. Mr. Foster: If they are not aware of it, I am going to make them aware of it - that is my job. Councilman Nolde: Thiis is a long way from the building in case it breaks? Mr. Racchini: About ssix or seven feet - the pipe that is. The well is about 50 feet. Administrator: The oaiginal plan, excluding the artesian well, was approved, but now you are in the process of getting approval for the well? Can we start excavating before we brave this approval? Mr. Racchini: You haws approval on the project; I can't see where you have any problem - you are far enough away from the well. Councilman Nolde: Is there any way to go down and fix that now? Mr. Foster: No; there is no way to shut it off. There is no reason why it should be flowing that( way, but it has been flowing since 1880. Councilman Peterson: Say we had this building up and it broke, what happens to the building? City Engineer: Probalaly not much of anything. It might eventually have a tendency to erode the soil, but you could fix it before then. It does not run under the building - tithe closest point to the building is 10 feet from the fire station. Mayor Charlsen: I'm sorry you haven't been contacted. Harold, but do you suppose you can get the pipe moved today so we can get the fence out of there? Mr. Foster: If we cam get someone to trove it for us. Nr. Racchini: Noeltea (Construction Company) is right up there. The City Attorney inqunired what the Council wished to do in regard to the bill of the C & H Company ((for services rendered during the flood emergency). It was the opinion of everyone concerned during the flood that the C & H Company did not do enough works to merit the $6,000 they billed the city for. City Attorney: I am nmeeting with them this afternoon; they are madder than hell because we turned0 down his claim. Did anyone tell him to stay here and not leave town? I undEerstand you held them here and did not release them. City Engineer : No, lair: • • • 414 ^ (November 29, 1965-continnued) Administrator: Why don't we want to pay them - %hat is the reason for this? City Engineer: They were asked to leave: they didn't do anything bete. After further discussion, the City Attorney was instructed to settle the matter as fairl•.y as possible for all concerned. ADJOURNMENT the meeting On motion of Couuncilman Peterson, seconded by Councilman Nolde, adjourned at 122:10 P. M. Attest: Ciity Clerk L7 ' • • council Chamber Stillwater, Minnesota Special Meeting November 29, 1965 7:30 P. M. The meeting was called -to order by President Charlsen. Present: Councilmen Iv.•erson, Nolde, Peterson, Powell, and President Charlsen. Absent: None Also Present: Ronald EEhlinger, Philip Eastwood, Harold Foster, Mr. Peterson of Banister Engineering Company, Peter Racchini, and Willis Bloom of the Board of Water commissioners. Mr. Racchini explained that the Board of Health objected to building of the new city hall and fire stattion because of a water gravity pipe along the building site. Mr. Harold Foster indicated that the Board of Water Commissioners had complied with the Board of Healttt by erecting a fence. Mr. Racchini then stateed that the Board of Health objected because of pressure on their line and the Citgy will cross it with the sewer line. Also, that the Board of Health wants a resoIlution agreeing to correct the situation. Harold Foster said they( have the money, but would rather spend it for a new well on the hill, thereby seezving more people. The City Engineer stateed that, in his opinion, the water line should be replaced with a cast iron gravitty pipe xnd thought that the Board of Health would go along with such a plan. Mr. Racchini was then :instructed to proceed with excavation on November 30th; he said he would contact 'the contractor to that effect. Mr. Eastwood informed -the Council at this time that the problem with the Bliss property had been reso.Lved, and there was no longer a problem. He stated he would check on the matter fi-rst thing in the morning. On notion of Councilmaen Powell, seconded by Councilman Nolde, the following Off Sale Liquor Licenses waere approved, subject to approval of the Liquor Control Commissioner: Edward J. Davidson 231 East Myrtle Street, Stillwater, Minnesota J. L. H., Inc. 302 South Main Street, Stillwater, Minnesota Mildred Geersdorf 224 South Main Street. Stillwater, Minnesota William C.. Kinsel 118 East oChestnut Street, Stillwater, Minnesota Donald F. Mnsiman and Glen R. Karloske 317 South Rain Street, Stillwater, Minnesota Merl K. Ma:eister and Clara A. E. Meister 112 North Main Street, Stillwater, Minnesota Lawrence :Sharp 226 South. Main Street, Stillwater, Minnesota • i� (November 29, 1965-continued) • (416 • Bonds in the amount of $1,000.00 each were also approved. RESOLUTIONS The following resolutions were, on roll call, adopted: 1. Employing Engihneering Services (Banister Engineering Company - to work with State Hoard ofH Health) 2. Authorizing Purchase of Land (Sheldon Smith Investments, Inc. - $2,000.00; St. Croix. Development Corporation - $1,000.00) 3. Abandoning Centain Land as Dumpsite (effective December 31, 1965) ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Nolde, the meeting adjourned at 10:3W P. M. Attest: City C_Lerk Mayor • • • rTh 41_ 7) • • bal Council Chamber Stillwater, Minnesota Special Meeting The meeting was called to order by President Charlsen. Present: Councilmexn Iverson, Nolde. Peterson, and President Charlsen. Absent: Councilman Powell. December 2, 1965 11:00 A. M. The Mayor announced that this was the time appointed for the purpose of consider- ing bids for the punrehase of $525,000 Refunding Bonds of 1965 of the City advertised for salee in accordance with Resolution 2826, adopted by the City Council 0,000 Building Bondsl of1911966 of the City, advertised66, and also bids for the for s e of 0 sale inaccordanceMunicipal Resolution No. 2827V, adopted by the City Council on November 16, 1965. Affidavits showing publication of the notices of sale in the official newsnewspapeby the Citer,and in the Commercial West, i:n accordance with said resolutions, were Clerk, found satisflactory and ordered placed on file. The City Clerk reported that five sealed bids had been received, in accordance with said notices. which bids were then publicly opened, read and considered, and the highest and best bid of each bidder was found to be as followst 5525,000 REFUNDING BONDS OF 1966 Interest Rate Bidder THE FIRST NATIONAL• BANK OF SAINT PAUL St. Paul, Minnes•:ota; First National Bank of Minneapolis; Merrill Lynch, Pieerce, Fenner & Smith, both of Minneapolis, Minn.; Carelton D. Beh Co., Des Moines, Iowa AMERICAN NATIONAL. BANK AND TRUST COMPANY St. Paul, Minnesota; Farmers & Merchants State Bank, Stillwater, Minnesota; Paine, Webber, Jackson & Curtis, Boston, Mass.; Kalman & Company,. E. J. Prescott & Company, both of Minneapolis, Minn. ALLISON-WILLIAMS COMPANY J. M. Dain & Company, Inc. Piper, Jaffrey &:Hopwood, Northwestern Nat:.Lonal Bank, all of Minneapolis, Minn. 3.20% 1966-72 3.25% 1973-74 3.30% 1975-76 3.40% 1977-79 Plus 2.00% on Bonds mat. 1967-79 from 5-10-66 to 11-1-66 Net Premium Interest Cost $134,650.00 (3.43275%) 3.00% 1966-68 3.10% 1969-70 3.30% 1971-77 3.40% 1978-79 Plus 1.60% on Bonds from 3-1-66 to 11-1-66 or prior maturity. 3.30% 1966-77 3.40% 1978-79 Plus 1.70% on Bonds mat. 1967-79 from 2-4-66 to 11-1-66 $134,991.50 (3.4414%) $136,912.50 (3.4904%) • • • (418 (December 2, 1965-dont:lined) • • Bidder $500,000 MUNICIPAL BUILDING BONDS OF 1966 Net Interest Rate Premium Interest Cost THE FIRST NATIONPAL BANK 3.20% 1968-72 OF ST. PAUL 3.25% 1973-74 St. Paul, Minneesota; 3.30% 1975-76 First National Bank, 3.40% 1977-79 Merrill Lynch, Ptexce, Fenner 3.60% 1980-88 & Smith, 3.70% 1989-96 both of MinneappoLis, Minn. Plus 1.50% on all Carelton D. Beh OCo., Bonds from 5-1-66 DOS Moines, Iowra to 1-1-67 ALLISON-WILLIAMS COMPANY J. M. Dain & Comppany; Piper, Jaffrey &:11opwood; Northwestern National Bank, all of Minneapolis, Minn. FIRST NATIONAL B:N.NK OF MINNEAPOLIS, Minneapolis, Minnesota 3.30% 1968-77 3.40% 1978-79 3.60% 1980-86 3.75% 1987-96 Plus 1.50% on all Bonds from 5-1-66 to 1-1-67 BID FOR ESCROW ACCOUNT Fee: $965.00 No additional charge for life of agreement $336,660.00 (3.67131%) $340,550.00 (3.7137%) After considerat:Lon of the foregoing bids, Councilman Peterson introduced Resolution No. 22933, entitled, "Resolution Awarding Sale of $525,000 Refunding Bonds of 1965". Councilman Nolde seconded the motion, and upon -rote being taken thereon, the members present voted as follows: AYE: Iverson, Peterson and Nolde NO: None whereupon said rresolution was declared duly carried and adopted. Councilman Peterson thereupon introduced Resolution No. 2835, entitled, "Resolution Awarding Sale of $500,000 Municipal Building Bonds of 1966". Councilman !golden seconded the motion. and upon vote being taken thereon, the members present voted as follows: AYE: Peterson and Nolde NO: Iverson whereupon said :resolution was declared duly carried and adopted. Forms for the printing of the bonds, including the coupons to be attached thereto, whose sale was awarded by the foregoing resolutions, were presented to the meeting, ex:amined and ordered placed on file. Councilman Petesrson thereupon introduced Resolution No. 2834, entitled, "Resolution Preescribing the Form and Details of $525,000 Refunding Bonds of 1965 Creating a Fund fox the Payment Thereof, Levying and Appropriating Taxes and Special Assessnwents for their Payment, and Providing for the Refunding of Out- standing Sewer Crprovement Bonds of 1959". Councilman Nolde seconded the motion, and upon vote boeing taken thereon, the members present voted as follows: AYE: Iverson, Peterson and Nolde NO: None whereupon said resolution was declared duly carried and adopted. • • (December 2, 1965-continued) 41 Councilman retearson thereupon introduced Resolution No. 2836, entitled, Resolution Prescribing the• Form and Details and Directing the Execution and Delivery of $500,000 Municipal Building Bonds of 1966, Creating a Sinking Fund, and Levying Taxes for their Payment." Councilman Nolde seconded the motion, and upon vote being taken theixeon, the members voted as follows: AYE: Peterson and Nolde NO: Iverson whereupon said "resolution was declared duly carried and adopted. Mr. Larson - Sprringsted, Inc.: There will be a savings of $46,000, which is higher than estiilmated; you will receive a check of $5,352 at the end of ten years from the Escrow Account. The total savings realized (by refunding bonds) will be $46,479.88. RESOLUTIONS see above. TDJOURNMENT On motion of Councilman Iverson, seconded by Councilman Nolde, the meeting adjourned at 12:19 P. M. Mayor Attest: • • Council Chamber Stillwater, Minnesota December 7, 1965 7:30 P. M. Regular Meeting: The meeting wass called to order by President Charlsen. Opening prayer by the City Clerk. Present: Councilmen Nolde, Peterson, Powell, and President Charlsen. Absent: Councilman Iverson. Mayor Charlsen: Before we proceed, we have a gentleman here,representing the Mankato Stone Company, who would like to be heard. Mr. Ray Horwatth presented samples of gray Mankato stone to the Council and explained why he thought the Council should specify this stone for a portion of the exteriocr of the new municipal building. Mayor Charlsen then thanked Mr. Horwath for coming to the meeting, and informed him that the council would speak to the architect to get his reasons for recommending the stone. Mr. Horwath then left the Council Chamber. Mayor Charlsern: To continue out of context, Mr. Marsh Knutson would like to have a word width the Council. Mr. Knutson: 3 would like to ask for some firm expression of approval Eor our project on Mulbberry Point - some evidence of the fact that you would indicate it was a desirablle undertaking. (hotel -motel complex). Councilman Pefterson: Have you taken the borings? Mr. Knutson: Yes, but the results haven't arrived yet. I would ask that your approval be subject, of course, to the approval of the Building Inspector. Councilman Powell: My person]. feeling is that it's a very fine enterprise; Stillwater neseds as many as they can get. I am very much in favor of it. Councilman NooLde: 100% in favor: We have been talking for many years of attracting inadustry in this area, but I think we should promote the recreation. I think it woould be the nicest thing that ever happened to us, and I will never change my mined. Councilman Pesterson: I am 100% in favor. I have talked to those directly surrounding this area who might be directly affected; they seem to be in favor. I don't thinly there will be any ill affects caused by this, and I hope the borings come out well. Councilman N©lde: The Mayor didn't say anything. Mayor Charlsen: He knows how I feel about it. (in favor) Mr. Knutson: we have now finalized our activities to the point where, Mulberry Point Development Corporation is our title. Mr. Sherman Crane: I would lite to clear up any points that are not clear (in regard to petition for opening of 125' of Third Avenue South for travel; see minutes ©f November 9, 1965 - Item 10, Unfinished Business. • • (December 7, 1965-continued) 421. • • Councilman Nolde: I think one of the reasons we didn't act favorably on the petition is because, when we granted a special use permit to Mr. Simpson some time back, the ladfr below the hill hired an attorney and wanted the street opened all the way througue. one of the reasons I don't think too favorably is because Mrs. Wiese would be back with her attorney. We granted Mr. Simpson a permit to build within 10 feet of the line and if we opened it up, his house would be sitting in the street. Mr. Crane: I havee no intention of travelling on the full width of the street; all that would be required is the minimum width for two cars to meet and park. Councilman Petersen: What about the Wiese sisters? Mr. Crane: I haven't talked to them, but I am sure they wouldn't object. • Building Inspectoor: Two requests were made before (1963) for vacation of the whole street, anal for vacation of the east 16 feet of Third Avenue; both were rejected because of the Wiese's objections to it. Mr. Crane: It wes a traveled street for many years - I am not too sure if a and City Council eves did vacate or abandon that3stnreet; 1 fin ono it noticeoofuitit, as d I don't believe ftlais has ever been done, street. Mayor Charlsen: Are the abutting property for opening the astreet? Mr. Crane: I doae't know; I haven't talked to them yet. Unless you have filed a notice of abandoaeament, it is your duty to open that street. Councilman Holden. If the law says we did not abandon the street, we should open it, but it wouldE create a hardship on some of the property owners, I would think. Mr. Crane: I woould be happy to pay my share of the assessment. Councilman Powellll: You are not interested in paving the street at all? Mr. Crane: No ssir, not at the present time. My personal opinion is that you should have some access to owners willing to accept the assessment Councilman PoweI11: your property. Councilman Noldne: If you request opening the street I am in favor of it; we can't go against the Law. Councilman Petesrson: I don't see where we have any choice. Councilman Nolde: I move that we open 125 feet of Third Avenue South, north of Burlington Street. Councilman Peterson seconded the motion. be Councilman Powell: Shall we call this a temporary street? Will there bencos?s for opening thaat up for car travel that will be assessable top property P City Engineer: Any street we open has to be between a plat-ted right-of-way and a street. was ever estabeLished for it. Mayor Charlsenac I think you are going to have Councilman Bol"_de: I will withdraw my motion. Councilman Poweell: I move the Engineer present a feasibility report and report back at the Jaanuary meeting. Councilman Peterson seconded the motion. (all in favor). assessed There is a difference I can find no record that a grade to have a public hearing on it. • %422 J (December 7, 1965-continuesd) • • Administrator: You have a plat known as Lakeview Terrace; it has been approved by the Enginneer and the Building Inspector and all improvements are in. councilman Peterson:: Has the waterline been approved by the Board of Health? Administrator: The Water Board has approved the waterline. Councilman Powell moved that the Lakeview Terrace plat be approved; Councilman Nolde seconded the motion. (all in favor). Administrator: We ktave also received a request for a street light from this gentleman. Councilman Nolde: =1 move we lay this over until our next meeting; let the Engineer and the Buiilding Inspector look over the setup. Councilman Petersonseconded the motion. Mr. Lyle Sckberg: :t am here on this Cemstone matter. As I understand it, the permit (to remove g::ravel) was granted subject to grades being determined by the City Engineer. Through some misunderstanding, the permit was then denied. Mayor Charlsen: It: was recommended to the City Council by the Planning S Zoning Commission that it be granted with certain restrictions. Councilman Powell: The big thing was, after reviewing the Subdivision Control Ordirance, in order, to work the land, it says in the ordinance that.. you can work the land so it will. benefit the building of homes. You can change the topography to improve it, but -because you were hauling gravel off without any preliminary plan for development. we questioned it. Mr. Eckberg: This Ls the first time I have heard this. The gravel doesn't amount to anything anyway - it is not going to hurt it at all. The permit was granted. Councilman Nolde: I move we grant the special use permit that was approved by our city Engineer iin accordance with the agreement that we have with Mr. Eckberq and his client. Councilman Petersom seconded the motion, and then stated, "That hole better be filled". Administrator: At one of the last meetings there was some question concerning the contract for tlhe new dumpsite. The matter was referrer to the City Attorney. City Attorney: A anew contract has been drafted, but Mr. Lawson was supposed to drop it off - I do not have it yet. Mr. Leighton Charl:.sen: I discussed this with you - I really can't see that this is something -that should be a part of our contract. Let it be understood that this is a free dump for citizens of the City of Stillwater. This does not cost them anything:. At the present dump they are not allowed to dump garbage; we are to furnish them the same service with our new dump. I was planning to charge if they wanted to dump garbage, but no charge for rubbish, etc. I under- stood that this waits your understanding. City Attorney: Th,e Council would have nc control over what they would be charged to take th-seir garbage out there. Councilman Powell:: You could put a paragraph in the contract that rates would be negotiated ever:), year. Mayor Charlsen: rlhat wouldn't create any problem for you would it? Mr. Charlsen: Mot= particularly. • • (December 7, 1965-continued) • • 423 Councilman Powell:: If you can't haul garbage to the dump they would have to contract with Mr. Charlsen, but we can issue another permit for hauling garbage. It was then decided to include in the contract a paragraph devoted to individual hauling. UNFINISHED BUSINESSS (out of order) This was the day amid time set for hearing on Proposed Assessment, Local Improvement No. 52 (Installati,.on of watermain in South Sixth Street from West Marsh Street to West Hancock Street) . The Clerk read the notice for hearing aloud; the Mayor inquired if the notice for hearing was puEllished, and the Clerk informed the Council that the notice for hearing was put6lished in the Stillwater Evening Gazette, official newspaper of the City, on Novvember 26, 1965. The Mayor then opened the hearing. No one appeared for: of against the proposed assessment. The Mayor then closed the hearing. (see resolutions) APPLICATIONS On motion of Councillman Nolde, seconded by Councilman Peterson, On and Off Sale 3.2 Beer Licenses were granted to Carolee Stewart, 304 North Main Street, for a period of one year. (renewal). On motion of Councilman Powell, seconded by Councilman Nolde, a Hauling License was granted to Harry L. Thompson, Bayport, Minnesota, for a period of one year. (renewal - hauling overt City Streets). From Frank Mardaus &: Son, 419 South Harriet Street, for a Hauling License. Councilman Powell: SI move that the Building Inspector and the Public Safety Director contact tlr. iiardaus and inform him :hat complaints have been received on the poor condition) of his yard, and that he be asked to clean it up. Councilman Nolde seconded the motion. The license was then granted: On motion of Councilman Powell, seconded by Councilman Nolde, a Hauling License, and a License to Colllect & Dispose of Garbage and Rubbish, was granted to Leighton Charlsen, 1030 Fourth, Avenue South, for a period of one year. (renewals) On motion of Councilman Nolde, seconded by Councilman Powell, a License to Operate a Theatre was granted to Ernest Peaslee, Jr., 211 South second Street, for a period of nne yeear. (renewal). On motion of Councilmaen Powell, seconded by Councilman Nolde, Taxicab Licenses were granted to the fooLiowing for a period of one year: (renewals) Stillwater, Taxi Company, 202 south Main Street Carlson's 'Taxi Company_ 233 South Main Street • • (December 7, (424 • 1965-continuedB0 • On motion of Councillman Powell, seconded by Councilman Nolde, Cigarette and Soft Drink Licenses were granted to the following for a period of one year. (renewals) Cigarette Licenses: Lawrence Sharp„ 226 South Main Street Northern State Power Company, 425 South Main Street Arthur Swanson,. 229 East Chestnut Street Veterans of Foneign Wars, 124 North Main Street American Legions Club, 103 South Third Street St. Croix Drug,. 132 South Main Street (Lyle Anderson) C. J. Wert, 3083 South Main Street Robert Gersdorff. 224 South Main Street Arnold Deno, 2 E5 North William Street Nelle O. Palmene 102 North Second Street Muller Boat Plonks Lakeview Memoriial Hospital Ralph B. Otte, 517 North Owens Street Emerson Lewer, 108 South Main Street W. C. Rinse', sBecond & Chestnut Streets Stillwater Lodge #179, B.P.O.E., 110 South Main Street Arthur F. Radueenz, Jr., 326 South Main Street Eugene Wright, 218 North Main Street James E. Meister, 901 South Fourth Street Caton H. Felix,. 413 South Greeley Street Connolly Shoe CZompany, 123 North Second Street wade R. Nelson,. 920 West Olive Street Harold Zolldan,, 212 South Main Street Soft Drink Licenses: Arthur Swanson,229 East Chestnut Street American Legion. Club, 103 South Third Street Veterans of Foreign Wars, 124 North Main Street Carole Wert, 303 South Main Street Harold Zolldan, 211 South Main Street Wade R. Nelson, 920 West Olive Street Connolly Shoe Commpany, 123 North Second Street Caton H. Felix, 413 South Greeley Street E. James Meiste:er, 901 South Fourth Street Eugene Wright, .L18 North Main Street Arthur F. Raduesaz,•Jr., 326 South Main Street Stillwater Lodgge #179, B.P.O.E., 110 South Main Street W. C. Kinsel, Siecond & Chestnut Streets Emerson Lewer, L08 South Main Street Ralph B. Otte, 517 North Owens Street Muller Boat Wor:-ks Nelle O. Palmer-, 102 North Second Street Arnold Deno, 21.5 North William Street Milton Krelitz, 201 South Main Street Robert Gersdorf'., 224 South Main Street COMMUNICATIONS From Peter L. Racchiini, architect, in regard municipal building. Administrator: I bell ieve it was the feeling the Fire Chief that '"Alternate No. 4" should Councilman Peterson: That was included. to fire alarm system for new of the Public Safety Director and be included in the new building. (No action necessary except to inform Mr. Racchini that the Council had already approved the alarm syysten). • • 1 /\ (December 7, 1965-continued4 425 • • P From P. L. Chandler,, Area Maintenance Engineer, Minnesota Highway Department, in regard to Snow diisposal on business streets, including trunk highway routes. The letter was read and referred to the City Engineer for his information. From George R. Huff„ 215 North Owens Street, requesting special building permit. Councilman Powell: I move that this permit be approved sulject to the approval of the neighbors in•,roived. There was no secondR to this motion. Councilman Nolde: t move we grant the variance to build this garage. Councilman Petersom seconded the motion. From P. L. Chandlers, Area Maintenance Engineer, Minnesota Highway Department, in regard to complssint received from Dr. Thomas Murphy of Stillwater. (large hole found next to his property) City Engineer: We have a storm sewer line in that vacinitY, but no one knows exactly where it iss. ng to Councilman Nolde: 1 will make the motion ion that do ttif therewish nis yythingpto,do with the City of Stillwater that you go in Councilman Powell :seconded the motion. (all in favor) Notice of Hearing Eton Irving R. Keldsen, Secretary, Minnesota Municipal Commission - in tine natter of the petition for the annexation of certain land to the City of Stillwwater. (court house property) Councilman Peterson: I move that the Mayor be instructed to attend this hearing. Councilman Powell seconded the motion. (all in favor). From the Board of: water Commissioners, listing locations of fire hydrants in the City which need t:o be replaced at the earliest possible time; the list is as follows: Second and Commercial Burlington and First Churchill and Sixth Pine and Holcombe olive and Holcombe Olive and William Laurel and Everett Everett and Aspen Wilkin and Third wilkin and Second Councilman Powell.: I move that the Fire Chief, the Engineer, and the Public Safety Director Ibe instructed to examine these hydrants and make recommendations to the Council aus to those that are in the poorest shape. Fire Chief Cormi.er: These ten should really be replaced right now. Councilman Peterson then moved that the Engineer get an estimated cost of re- placing all ten hydrants; councilman Powell seconded the motion. (all in favor). • • • 4Yti CITY ADMINISTRATOR'S: REPORT • • TAX LEVY FOR 1966 General Fund $219,620.34 - 57.28 mills Band Fund 3,527.42 - .92 mills Civil Defense Fund 1,495.32 - .39 mills Library Fund 19,017.40 - 4.96 mills Park Fund 3,489.08 - .91 mills Post Audit Fund 1,533.66 - .40 mills Parking Facility Funnel 1,917.08 - .50 mills Voting Machine Fund 383.42 - .10 mills Refunding Bond 1965 Fund 41,025.45 - 10.70 mills Real Property Fund 10,007.14 - 2.61 mills Permanent Improvement Fund 35,005.83 - 9.13 mills Firemen's Relief Funad 383.42 - .10 mills Public Employees Retirement Fund 20,014.28 - 5.22 mills Parking Facility Bonud Fund 4,600.98 - 1.20 mills $362,020.82 - 94.42 mills (See Resolutions) Administrator: As I: mentioned before, the General Fund will not carry a balance into 1966 because of: flood, etc. I talked to Congressnnan Earth in regard to getting an extension of time for completing our floodl matters; he said he believed it would be possible, and that we should writes to Gen. Moeglein. Administrator: You should make a decision as to the type of brick you want on the outside of the naew municipal building. After some discussion, Councilman Powell roved that the brick which had been selected by the Buildding Committee (composedof department heads) be used in the new building. Councilman Peterson seconded the motion. Councilman Nolde was; opposed. PETITIONC None DELEGATIONS OR INDIV_'I DUALS None • • • (December 7, 19652inued) \ • 427 \ e Om UNFINISHED BUSINESSS A request was received from Mrs. Paul Loneness, 1315 West Olive Street, for a side yard variance permit (carried over to this meeting) Councilman Nolde moved that the permit be granted; Councilman Powell seconded the motion. (all :in favor) The Council was reminded that the following terms of office will expire as of December 31, 1965: (Planning Commission members) Donald Carlson Myron Melstrom Glenn Johnston C. D. Bourdaghs Mayor Charlsen: Mgr. Johnston and Mr. Bourdaghs would like to be relieved of their duties. Councilman Nolde: Why can't we reduce the size of the Planning Commission - you get better results: out of three or four men than yd'udo from twelve. I move we lay this over to as future meeting so we can give this some thought - to reduce the size of the Plaamaing Commission. The following names; were then suggested as members: Bob Thompson, Earl Jones, 'bm Gerrsten. Mayor Charlsen: They would have to be contacted to see if they would be interested in serving. Councilman Powell: I move the Mayor be instructed to contact these people and find out if they are willing to serve, and then report back at our next regular meeting. Councilman Petersorm seconded the motion. (Councilman Nolde was opposed). Mr. Lyle Eckberg: I have a letter here on the Bliss property. we have had nothing but negotiations and a let of monkey business and we have now come to the point where I am graying to recommend that we take it and let it go; they have no title. They have ocome up with the proposition where, if the waterline is ever damaged south .of the property, they want us to repair the whole thing down to the pump house. Now they have been talking about a sewer line - it is very vague and indefinit.te; they want us to repair that if it's broken. Apparently it's dry and has noot been used for many years. This letter is from their attorney to the ef`Eect the City should compensate him for his legal services on Mr. Bliss's behalf."; I feel the only thing we should do is preserve their drive- way and give them aan easement on that side. Administrator: tell them that Mr. Eckberg: they can have Is it your opinion so long as they don't want to cooperate to their can't use the driveway? I wi:11 recommend you go right in there. I am going back and say theixr driveway without any maintenance or snow removal - that's it. City Attorney: 'woo months ago I told him if the City broke the waterline while building the new baaiLding, we would fix it. But, they want us to fix it if it should break at any; time in the future. Administrator: Loth us assume we have to prove in court that this is our land; will there be any ;question about it when the appraisers go in as to what the land looked like when yaou went in there? City Engineer: Yots could give them a contour map of the area. •: • • • 428 (December 7, 1965-continued) • • Mayor Charlsen: what happened on the Sheldon Smith property? Mr. Eckberg: The deeds are in Les's office - you have a right to go in there; hold up on the caesh until it's straightened out. By the way, Scheme!. District 834 has not acquired a building permit fa the addition to the sachool up there (senior high school). The Board of Education should come in here and show their plans to the Building Inspector. The Board of Educatioon should understand who runs this town - it's not the Board of Education: NEW BUSINESS The City Engineer* submitted the following items under his report: 1. In a conversation with Mr. Donald Hill and Mr. Gilbert Swanson, owners of Hil_1's Lily Lake Addition,concerning an easement over Lots 2 and 3 oaf Block Two as per Council action of November 9th, Mr. Hill and ntr. Swanson would like to have the sum of $2,000 for a 50 foot easement from the south line of present Brick. Street to the lake shores. They would also like to have it understood that the City mould maintain the outfall area at the ends of the sewer to prevent the build up of any silt in this area. They would further like do have the new 48" storm sewer line moved back approximately 16 feet to betterconform to the existing ground pro- file in this ascea. Councilman Powell:: Is this a reasonable request? City Engineer: I don't know about the 16 foot business so much, but as far as keeping it dredIged, that is reasonable. Councilman Peterson: How about the $2,000? City Engineer: I 'mould question that, although they said they had plans to split that. Councilman Nolde: 2 move we turn it back over to the City Attorney and the Engineer to do some negotiating. Councilman Peterson' seconded the motion. (all in favor) 2. I would lifle to recommend that Richard Raboin, an employee in the Street Departmeemt, have an increase in wages from his present $2.15 per hour to the classification of a Driver -Operator at $2.30 per hour. Since he was hihred as a replacement for a man that was getting the maximum wage, Sit is recommended that he has fulfilled his breaking - in period. Thils employee is very qualified to perform the duties required of the Driver -Operators. On motion of Counciilman Nolde, seconded by Councilman Peterson, the wage increase was approwed. (all in favor) 3. Does the City Council wish the Engineering Department to arrange to have test borings taken on the property that was optioned from Mr. Ritzer in Stillwater Township? If so, I would recommend that this be expedited as soon as possible. Councilman Powell moved that the test borings be taken; Councilman Peterson seconded the motion.. (all in favor). • • (December 7, 1965-continued)'-\ • 429' 4. Enclosed wwith this report is a copy of a letter received from the American Pipe Company of Minneapolis. This states the cost of cleaning the sewer liners that were listed on the flood damage report. The price of this company is approximately $7,000 over that of Soil Solidifiers, Inc. This matter should be taken care of as soon as possible because of the time involved to have the work done. Please discuss. City Engineer: Ewen if we took AmericanPipeCompany we could get the job done for what the government authorized it for, but it has been suggested that they produce a 10006 performance bond. Councilman Powell:: I move that the Engineer be instructed to negotiate,with Soil Solidifiers tam do this work. Councilman Nolde sssconded the motion, (all in favor) 5. Enclosed yew will find an estimated cost for running a 6" watermain from a point 225 feet north of the centerline of Mulberry Street south on North Fourt::h Street to the present City building location; thence west into the nuildings - for discussion., City Engineer: Thus estimated cost is $5,847.82. There is a little matter in -conjunction with-tlhat_ We have a.situation that is very unique there. and I might say frustrat::ing. The watermain presently in Fourth Street dead -ends somewhere in the sttreet; they do not know the exact location; they do not know the exact depth; thley do not know anything: We would have to advertise for bids on a new waterline. Administrator: If it serves other people ,(other than the City Hall building) are you going to assess them? Councilman Peterson.: I don't think we should assess. Councilman Powell: I think weshould plan on paying the cost of that ourselves. Mayor Charlsen: Ittts agreeable with the Council, then, that we go along with this change in the waterline? The Council agreed... 6. This department will endeavor to obtain some type of estimated costs for street matting and seal coating for 1966; and for some storm sewer protects that should be considered for 1966. These storm sewer projects will be minor in scope because of the limited monies availablie. This report will be prepared as soon as possible. 7. After inspesctions at various times of day and various days of the week, I wouvld like to recommend that consideration be given to taking the r-ow of ten meters on the north side of the south entrance drive and change these meters from the 9-Hour type to 10- hour type meters. I believe that more revenue would be derived for this lot byv changing these meters. (Lot No. 3) This matter has been mentiooned to Mr. Roepke, Public safety Director. I do not have an estimat:ed cost involved in this change over, but it could be obtained ,ifdesired. Items 6 and 7 were tabled until the next meeting of the Council. City Engineer: The Administrator and I went up to the building site this morning to investigate the gplacing of a transformer pole on the west side of the building site. It was discusssed with N.S.P. that they would place thepole on Fifth Street • • (December 7, 1965-continued) j430 and would exttend it up here to any place we want it. There would be a differennce of 81 feet of conduit. Councilman Powell: I move the City Engineer be instructed to negotiate with Linner Electric Conapany and find out the cost of the additional 81 feet of conduit and report back to the Council. There was no second to this motion. Councilman Nolde: I am not in favor of changing any contract we have with Linner Electric Co., - we will end up paying a lot more money than we bargained for. Councilman Powell:. I withdraw my motion. Mayor Charlsen: L.et•s let the City Engineer notify him in the morning just to find out what t:le cost would be. On motion of CouncaLlmen Nolde,seconded by Councilman Powell, January 10, 1966 was designated as the date for hearing on Flood Control measures for Stillwater and surrounding arveas. Thehearing will be held at the Stillwater National Guard Armory under: the auspices of the St. Paul District Corps of Engineers. ORDINANCES On motion of Counc:ailman Peterson, seconded by Councilman Nolde, the Clerk -made. the second reading: of, "An Ordinance Determining the Annexation of Certain.Iend to be in the Best :Interest of the City of Stillwater and of the Territory Affected, and Declaring Same to be Annexedto the City". (Court House. property). The Ordinance was :read Section by Section, with roll call after each Section as follows: Councilman Nolde: Yes Councilman Peterson:Yes Councilman Powell: Yes Mayor Charlsen: Yes The Mayor then put: the question, "Shall this ordinance pass?", followed by roll call as follows: councilman Nolde: Yes Councilman Peterson:Yes Councilman Powell: Yes Mayor Charlsan: Yes whereupon said ordlLnance was duly passed and adopted. RESOLUTIONS The following reso.Lutions were read and were, on roll call, unanimously adopted: 1. Directing the Payment of Bills 2. Adopting Assesannent, Local Improvement No. 52. 3. Fixing Tax Lev_T For Year 1966 4. Fixing Salary -- clerk of Court (Russell Wolff) (December 7, 1965-continued) 4:31 5. Authorising Is:saance and Sale of Certificates of Indebtedness in Anticipation o>f Collection of Remainder of Federal Disaster Assistance in Accordance with the Federal Disaster Act (Public law 81-875) 6. Accepting Petiftion and Ordering Preparation of Feasibility Report (Third Avenue Meath - 125' open for travel) ADJOURNMENT On motion of Councilman Powell, seconded by Councilman Nolde, the meeting adjourned to Decemkter 14, 1965; this meeting closed at 1:00 A. M. Mayor Attest: 482 • Council Chamber Stillwater, Minnesotta Regular Adjourned Meeting December 14, 1965 4130 P. M. The mooting was cabled to order by Vice President Powell. Presents Councilmen& Molds, Peterson, and Vice President Powell. Absents Councilman Iverson, Mayor Charlsen. NEW BUSINESS On motion of Councilman wolde, seconded by Councilman Peterson, the following substituted collateral, pledged by the Cosmopolitan State Bank of Stillwater to secure City depossits, was approved: $50,000 U. S. •treasury Notes, 410, due 5-15-67: Series D-1967 *307093/13 ® 100 ea. in submstitution fors $50,000 U. S. !Treasury Notes, 31 %, due 11-15-651 Series B-1965 *26076w/00 B 10M ea. On motion of Counci:lann Peterson, seconded by Councilman Mold*, the following substituted oollatsncaL, pledged by the Farmers a Merchants State Bank of Stillwater to secures City deposits, was approved: $05,000 U. S. ?Treasury Notes, Series D/1967c 4.25% Dated 11-15-65, due 5-215-67 with 5-15-66 cpn. a S. C. A. in subsstitution fors $85,000 U. S. Treasury Notes, Series E/1965s 4%, Dated 5-15-65, due 11-.15-65. On motion of Counci:Issen Peterson, seconded by Councilman Nolde, Mrs. Maynard Nelson was granted at. reduction in her sewer rental charge, from $11.40 to a minimum of $5.00. UNFINISHED BUSINESS (out of order) Administrators At flits Last meeting it was proposed that we at least get a cost figure for putting the transformer pole to serve the City Hall building on Pith Street. The City Engineer resperted that Linner Electric company quoted a price of $2,224.00 for extending the connduit eighty-one feet. Councilman Nolde: II move we follow the original plan and reject the proposal to extend the conduit. Councilman Peterson seconded the motion. • (December 7, 1965-continued) • NEW BUSINESS On motion of Counc:Llsan Mold's, seconded by Councilman Peterson, the following Change Order was al:pproved: Change Order NO. 1 Project: No. 55-1965/ No. 56-1965 Dunkley Surfac:ing Company, Inc. Additional misocellaneoua items in connection with West Olive Street store sewer pre:jct, including the addition of catch basins and necessary lead I line. at HemlocE and Oak, authorized by City Engineer. Unit bid prices: bid usedwhere applicable. Total Cost: 411,003.95. On motion of Counciilman Peterson, seconded by Councilman Molds, routine salary increases for Patrolman Robert Conley and Patrolman Albert Cote, were approved, as recommended by Chief of Police Roepke. On motion of CounciIIman Nolde, seconded by Councilman Peterson, the City and Village Weed Inspector's Report for the year 1965 was approved. On motion of CounciLlman !olds, seconded by Councilman Peterson, Renewal Certificate on behalf of Peter Jr. Willer, allowing him to excavate in City Streets, was approved. The Administrator received a report from K. L. Blodgett, Civil Defense Director, as follows: Phase 2 has beers approved for the Emergency Operating Center in the new City Hall: this assures us that the architect's fee of $410O.0O will be paid. Phase 3 Be partially done: Phase 4 is in the final planning stage. The item was carried) over to a future meeting. On motion of Councillsar Molds, seconded by Councilman Peterson, Reciprocal Fire Service Agreement between the City of Stillwater and St. Joseph Township was referred to the C£tvy Attorney for study and report. The city Attorney wars Instructed to investigate the matter of levying taxes for emergency purposes Lis regard to flood costs, etc. Councilman Powell sueggested that a pipe be installed near Lily Lake as soon as possible: possibly 'ttransite pipe'. Councilman Peterson Chen moved that the City Engineer be instructed to get the cost of such a pipe, and tithe amount of pipe needed, and report back at the next meeting of the Council. Councilman Nolde seconded the motion. (all in favor) • • ` • ; �434 • (December 7, 1965-continuned) On motion of Councilisan Peterson, seconded by Councilman Molds, the City Attorney was directed to rend9er a written opinion of his interpretation of Minnesota Laws, Chapter 867, iin regard to selling Certificates of Indebtedness to defray emergency expenses Simmered by the flood in the spring; costs not covered by federal funds. On the adjoution of urned to 7:307P-,M ;Pthis portion of thended y meeting�sedlat,5 40 P.M meeting 7.30 P. M. - Meting Reconvened Present: Councilmen Iverson, Molds, Peterson, Powell, and President Cherlsen. Absents lone UNFINISHED EUSIMESS3 Item 6 of ber 6, 1965 was action wasttakety (Sane minuteseof Decamberrt of e7,, 1965 regarding this item). Item 7 of the City engineer's inee meters on Lot Mo. 6, 1965, was discussed, in regard to changing par Councilman Molds moved that the City Engineer get an estimated cost of changing ten four-hour meteors to ten ten-hour meters on Parking Lot No. 3. Councilman Powell: r would like to ask the Engineer, on what did he base this observation? City Engineer: Th:irteen 10 hour meters now in service are consistently filled; the four hour meteors aren't. I think we would derive wore revenue. The City Attorney reported as follows in regard to underground electrical utilities Northern States Poower Company has to stop any connection at the property line; a has built laten would have to pay for the utility from the lot to thehome, increasing the prides of the house. Councilman Molds: r think maybe we should go into it a little further as far as the underground.; antics is concerned. Mayor Charlsens no you want to have a public hearing on it? To get the reaction of property owners:? City Attorney: Env don't have to have one legally, but you would be able to hear both sides o:f the story. Mayor Charleens :M ordinance will have to be drawn in order to have a public hearing. Administrator: i':t might edabble in eo your urnnnew iadadditions srornsectione of,the City to try and net people to agree Councilman Iverso::s: We could specify it in all new areas. (December 7, 1965-continued) e 4:351 Mayor Charism: Sheould you go ahead with it without even discussing it with the people involved? Trere may be a reason why they can't do it or don't want to do it. Councilman Petermann :why couldn't we set up a meeting with the utilities? Mayor Charlsen: nothing can be done on it now anyway. Administrator: We .can do this when a plat is approved. Minutes of the novemmber 23, 1965, Planning & Zoning Commission meeting were read as follows: "Mr. Knutson pr-srented sketches of the proposed motel and apartment building to be 'constructed on Mulberry Point. He did not know of any conflict wiith the City Ordinances, but if there were he wanted to know what thssy may be and have them taken care of. The members present did not: know of any conflicts however, Al Bergen and Prank Steinmetz were . appointed to check with Chuck Thompson to be sure all regulations: are complied with. All nesters present were enthusiastic toward tho project and were anxious to cooperate in any way necessary. Request from Jests Jensen to build a sun porch 10 feet 6 inches from his lot line ratther than 15 feet as required. It was felt that due to the lay of the land this would not interfere with a4jxent property. Motion (Ralinof::f); seconded Bergen, that we recommend the Council grant a side yard variance permit to build the sun porch at the 10 foot 6 inch wesurementl. Passed". Councilmen Peterson n I move that the side yard variance be granted to Jens Jensen to construct:a sun porch. Councilman Iverson :seconded the motion. (all in favor). The Administrator reported that a letter had been received from Banister. Engineering Company in regard t.» a Municipal State Aid Street study. Administrator: The: reason for this letter is, if you decide to go along with their thinking, a survey should be completed early in the year so bids could be called for sometime in March for the rebuilding of Greeley Street. City Engineer: Tht:s afternoon, Mr. Elliott of Banister called met I tried to get some rough estimated cost on the Greeley Street project; the strom serer. sidewalks, surfacing. etc.. wosld cow to about $225.300, with bituminous surfacing. With concrete surfacing Lt would total about $277.300. At the January meeting we will have the breakdown .of costs. Mayor Charlsen: Wes had better not do anything on it until we get the breakdown. Administrator: I would think the survey should be done. Councilman Molder 'Mould your office be too busy to do this this year? City Engineers Yes i sir; insufficient manpower and insufficient time. Administrator: Mort of the municipalities that are doing State Aid street work are hiring consultizzg engineers because this is a very specialized field. Probably it would be wise to. look into this matter. Councilman Peterson. moved that the city Administrator be instructed to contact cities of our particular size to see why they use consulting engineers rather than engineers of their sown. Councilman Iverson seconded the motion. (all in favor). • (436 (December 7, 1965-continuedt) • • City Fnginssrs If I mart say. the survey cannot be done with snow on the ground. Councilman Powell: Beeman of the condition of Greeley Street and the heavy traffic that it does saatain. I move a survey be prepared on Greeley Street regardless of whsthsr we can come to any. agreement as to who's going to do our engineering in the futons our policy has been to have Banister do it and I would include that in mg motion. Councilman Iverson seconded the motion. Councilmen Peterson an& Bolds were opposed. Upon roll call, the vote was as follows: Councilman Iverson: Yes. Councilman Molds: No Councilman Peterson: No Councilman Powell: Yes Mayor Charlsen: Yee The City asginssr subsoLtted quotations from local concerns for snow removal from City Streets as f billows: GORDON IRON & MRTALL COMPANY Front-end Tractor :Loader with driver $r 8.00 per hour .00 per hour 4 cubic yard dump 'truck with JUNKER LANDSCAPING) - DRUID C. GUNNER Front-endtractor loader with Operator and one 10-yard(cubio)1 truck with driver $17.00 per hour Notes The Engineer is not sure at this time whether. Dunker Landscaping;, has the necessary insurances as required by the State of Minnesota. Ste Gordon Iron & Metal Ca. has. Councilmaning t Blast yesaru- like did youfindthe hhat hisneer workawas satisfactory? City waCity Engineers Yes. ssir. Councilman Peterson: Have you checked on Junker's insurance yet? With a ten yard truck you would nave more.sssow. ltr. Leighton Charlsen s Two or three smalltrucks would keep snow owing more steadily than one large one. Councilman Molds: I ;make the motion that we hire -the Gordon Iron & Metal Company. Councilman Peterson seconded the motion. (all in favor). DELEGATIONS OR INDIVfDUALS Mrs. William Tuenge 1101 North Second Street I came down to ask a0nout my taxes; I am on Social SecWurity tye yyoyou gareg oingog a lot of building and tomes are going to go higher. with us old people wino are on Social Security? • • (December 7, 1965-continued) 437 Mayor Charism: Wehave nothing to do with taxes; you have to talk to the Board of Equalisation. Mrs. Tents: When do they meet? <J Mayor Charlsens You vein have to talk to Mr. Thompson. llrs. Tongs: I am tryying to keep my home and a roof over my head as long as I can. I just thought I wooled come down and find out what you gentlemen could tell me. The only way you are 'going to find out anything is to ask. Mrs. F. R. Wiese 1010 S. Third Avenue W. are interested in ?knowing what the.City-Engineer is going to do with Third Avenue in front of ova house. Mayor Charisma Thorc hes been an application presented to open .it up 125 feet north of Burlington. Mrs. Wiese Is that .going to be opened up? Mayor. Charlsene That: is entirely up to the property owners on Third Avenue. Mrs. Misses They are. driving on our property to turn around. Councilman Moldes Weald you like to request that we have Third. Avenue opened up all the way? You wouald have to have a petition. Councilmen Powell: C.Aald you .get an additional report for what it would cost to _., do the whole street? - ..- City engineers I haven it for the whole street? Councilman Peterson: Could you have the two separate costs in at the January meeting? - .. City Engineers Yes. Administrators I wouedid suggest that you instruct the Engineer to prepare a feasibility report on the whole street, and also on the 125 feet. Mayor Charisens We will have a report back on January llth as to the cost of the.. 125 feet, and .the cost of the whole street down to the bottom of the hill. Representatives of Steillwater -Township were, present. to discuss the new/dumpsite (located in Stillwater Township). Mr. Ryden, Town Bowel Chairman: We are glad to Imo here to take a small part in your meeting. Some aims ago two of your members met with us; it was stated at that time that your 'problem was pretty much our problem and felt that if the two parties worked together we could work out a solution to this problem. I am happy tonight because we thlak it will work out. We looked over your ordinance you prepared when you wens talking about moving the dump into Grant Township, and we wonder if it would apply to a dump in Stillwater Township. Mayor Charlsens This is the main problem. Our ordinances won't apply outside the City Limits. The road in Stillwater Township will be used for a distance of 150 feet. Mr. Rydeen: Our concern is, should it be regulated by the City or the Township? • 1448 (December 7, 1965-contii.nued) * • Mayor Charlsen: II am sure you would have regulations more so than the City of Stillwater. Mr. Rydeen: Do you intend to publish the ordinance and enforce it as it stands? My questmon was, does it apply to this particular dump? Mayor Charlsen: according to counsel it could apply to either one. City Attorney: Qrsite a number of the sections of the ordinance originally drafted have to bee deleted because ownership was on the City; the City cannot regulate or control the landfill dump because it is outside of the City and privately owned. The ordinance we amended controls hauling of garbage, etc. within the City Ltnits of the City of Stillwater; should this property ever coax into the City/, maybe at that time it would be changed. Mr. Lyle Bckbergs You are establishing your relations by contract with the owner of the dumps I think we should try to figure out a way to have the same type of ordinances: as to hauling and as to the dump. It would be such easier to enforce. City Attorney: Thee second reading of the ordinance can be postponed until we can go over it ands draft similar type rules; that is up to the Council. Councilman Molds: After all the cooperation we got fro Stillwater Township we should extend them the courtesy of sitting down and working out an ordinance. I move we 'postpones the second reading of our ordinance until the next meeting. Councilman Peterson seconded the motion. (all in favor). Mayor Charlsen: I:.s your ordinance drawn yet? Mr. Eckberg: We d.bn't permit any dumping; we have issued a permit under this ordinance which isi effective December 31st - it is restrictive. We have some questions about whist should be permitted to be dumped out there. 'If regulations are established immediately we could control it better. If representatives of the Council would ;nit down and formulate this, I think it's important that we get off on the right foot. Councilman Powell: I will amend that motion that the City Attorney and another delegate from the oC ity Council attend a meeting with the Stillwater Town Board officials so that fthere will be complete understanding as to the ordinance so they can be similar. Councilman Peterson seconded the motion. Councilman Powell was then appointed to represent the C_Ity Council. Mr. Rydeen: Our motion permitting no dumping has been repealed so that a special use permit can be granted for a sanitary landfill dump. We have issued the special permit to Leighton Charlsen; this permit we have granted him is rather restrictive. The matter of fire protection is one item we have been concerned about. The Township has a contract with the City for fire protection - $1,5000 per year. We have a feeling that should there be too many fire runs to the dump, this41,5OO won't pay you, and possibly our rate would be increased. So, we feel that possibly the City should share the responsibility for the fire prote n:ion of this dump. Councilman Molds:. The majority of the people that would be using it would be from Stillwater so we would provide fire protection if we needed it. Councilman Powell: If we felt we were operating at a loss, it would have to go up for all townships and not just for yours. I don't think any consideration would be given as tto how many rune were made to the dump. Mr. Rydeen: This its the way we feel it should be. Mayor Charlsen: It: Should be understood that Stillwater Township is still paying for that protections. • • e (December 7, 1965-continued) 439 • * Councilman holds: t am sure it's going to workout 100%., Mr. Rydeen: We ha.:ve to have the utmost cooperation from you and your employees. The date for the mooting between Stillwater Township officials and the Stillwater City Council representatives is to be decided upon at a later date. Mr. George Rutz: n had a couple good looks at that culvert on Hazel Streets I am convinced that Rif that culvert was extended it would be a public access. 1 will go over to the State myself; they have contributed to the erosion and I think they have already amimitted that they tried to correct something. I will do, all I Haan to get that,ffifty feet of culvert. If I do get it, I will expect the City to bled: it off.. Councilman Powell: You are going to go ahead and see what you can do on this? Mr. Mutts Yes. The Administrator inquired if the Council wanted to assess for a portion of the improvement on olive Street. (work which ..th.-County.. will be doing.. in. 1966 on property belonging to the Ciay of Stillwater). Mayor Charlsens noes the County go in and do the whole street? City Engineer: The State requires them to do forty-four feet. The blacktop surface is now twenty-four feet. Councilman, Powell: E move that the City assess the benefited property owners for the work on C.S.A.H... Mo. 5 (Olive Street). Councilman Molds: I: think we should check into the legality of asseeeing for something the County, dos. Councilman Powell: Ms longas it's legal to do this, I think it would beunfair to any other residents on a State Aid Street: if we are going to have a policy we must adhere to it strictly. Mayor c arlsen: We stet a figure of $7.00 per foot for assessments on State Aid Streets. Administrators I wonder if we should let the City Attorney give us his opinion on this. .... .... Councilman Iverson: There is an attorney general's opinion, but that is only good until its tested, labia is a real complicated procedure. Councilman Iverson Urea seconded Councilssa-Powell's. motion. On roll call, the vote was as follows:- Councilman Iverson: Yes Councilman Moldes Mo Councilman Peterson: No Councilman Powell: Yes Mayor Charlsens- Abstained Councilman Powell: Do: you think they should get it free? Councilman Mold*: We have a city attorney: this is his job. We are going to have a hearing for something we haven't done; for money we haven't spent. We have to explain why we are assessing them when we didn't spend five cents out there: City Attorney: I wound like to check the statutes before giving an opinion. • • (440 (December 7, 1965) • • It would appear first ern you could amens: the only question is. could we use that money? What tyfpe of money could tit be put to? Mayor Charlsen: Put it in the revolving fund. City Attorney: That is the question. Councilman Peterson: I cove we refer this to the City Attorney to render a legal opinion. Councilman Molde secondead the motion. (all in favor). Administrators Questions are being asked. as to what. the Council's plans -are... for future extension of West Street. Is it going to be a now street? Are you going to leave it thae way it is? Mayor Charlsens It is um to the property owners to petition. Councilman Powell: Anyb•sdy wanting to have it paved would have to petition the Council: otherwise wee are not going to take the initiative on that. Councilman Iverson: Don n't you think it would be good to plat that into a street, or forget about :Lt, or something? (where West Street ends) • City Engineers My personal opinion le that West:Street could be swung in and blocked off. _ Councilman Iverson: I -think it would be a good idea -:to plat it into a street for future use. One day you may need access to the Benson property or County Road id. .. On motion of Councilman wolde, seconded by Councilman Peterson, in viwm. ... of the discussion hold prreviously in regard to the dumpsite, final approval of the dump' contract=betwsem-the City,ae Mt. Leighton Charisea was. postponed until after the City Attorrney and Councilman Powell meet with:• -the Township -: officials. Vince Hannan of the Stilllwater Evening gazette requested that the Council' consider taking some actilan in regard to the report which was to have been written on the Stillwater. flood. On motion of Councilman Peowell. seconded by Councilman Peterson, the Administrator was instructed to contacts. Clayton Moulton and ask if he . is going to continue workingy on the report, and if a permanent record is going to be made. The Administrator reportesd that he had receive the Public Examiner's report of the Firemen's Relief Ausaociation. Administrator: The formes: firemen drew all of the honey out of their special fund and -used it for a panty. Mr. Eastwood finds they can do this - it amounted to $160.00. • • • eTh (December 7, 1965-continued) 441 • • Owmotion of Councilsaam-Molds. seconded by. CouncilmanPeterson, the City. Attorney was instructted to submit a written opinion on the -question, "Can the City pay from itaa permanent improvement fund to pay for storm sewers?". On motion of Councilman molds. seconded by Councilman Iverson, Mayor Charism reappointed the folleowing persons to the Stillwater Planning a Zoning Commission: Donald Carlson Myron ►Mlatrom Councilmen Wilde also moved that the size otthe Planning Commission be reduced from twelve enters to nine sambas, and the Attorney was asked to amend the ordinance in this-remard..Councilmen Peterson seconded the motion... (all in favor). On motion of Coumcil4aan Molds. seconded by Councilman Peterson, the Administrator was directed towrite• to Mr.. Glenn Johnston and Mr.:. Clarence Rourdaghs and thank them for the number •of hours:they contributed to the City of Stillwater as sabers of the Planning Commission. ....(all in favor).. CRDIMAMLES ilea Second reading o.E the following ordinance was carried over to ttwture meetings An Ordinance Aaendin•g an-tb dipanee;atitled. an...'Ordinaaee Rstablisbing a sanitary:' dfill 'P^roviding Rules and Regulations Governing ths, Safe and....... Inoffensive Operations of Same. and Fixing Penalties_for Violations Thereof". On motion of eouncilsma Powell, seconded. by Councilman.. Iversen, ,the Clerk, Gads the second reading Data - - An Ordinance Deteraiiaing the Annexation of Certain Land to be in the Rest Interest of the Cityv of Stillwater and of the territory Affected and Declaring Saes to be Annexed to the City. (Fairview Cemetery Association property). The Ordinance was resod Section by Section, with roll call after each Section as follows: Councilman Iverson: Yes Councilman molds: Yee Councilman Peterson: Yes Councilman Powell: YIDS Mayor Charlsens Yes The Mayor then put fibs question, "Shall this Ordinance Pass?", followed by roll call as follows: Councilman Iverson: Yea Councilmen tilde: Yes Councilman Peterson: Yes Councilman Powell: Yes Mayor Charlsen: Yes whereupon said ordinance was duly passed and adopted. • (December 7, 1965-continued) On motion of Councilman dwell, seconded by Councilman Iverson, the Ci'erk. wads the second reading efts An Ordinance Adopting a Fire Prevention Coder Prescribing Regulations governing Conditions Hazardous t o Life and Property from Fire or Explosions The Ordinance was read! Section by Section, with roll call after each Section as (follows: _ .. .,. .-.- Councilman Iverson: Yes Councilman:Roldde, :. Yes CouncilmanRotarians Yes Councilmen Paella Yes Mayor Charlsens -Yes The Mayor then -pot the,-question.-!Shall.tis ordinance pass?", followed.-byr: roll call as followss Councilmen Iverson, Yes cownihan Malden Yes.. ,. .. .. Counci1wen Peterson, - .Yam . Councilman ?calls Yes Mayor Charism: .Yes whereupon said ordinates was duly passed and adopted. ;AG?UOR F On sbtLoa-ef Coeaeiaeams+rteterson,�fsscendsd by Councilmen. Iverson, the meeting adjournsd-to,neeealsr .,toy 1966, at 4:30 P. M. This meeting closed at 12130 A. M. r,Attseta- CityClerlt e e 4431 e Council Chamber Stillwater, Minnesota December 28, 1965 4:30 P. M. Regular Adjourned Meeting The meeting was called to order by President Charlsen. • Present: Councilmen Molds, Peterson, Powell and President Charlsen. Absent: Councilmsr Iverson On motion of Councillman Nolde, seconded by Councilman Peterson, minutes of the following meetings were approved: Regular Meeting Regular Adjourned Meeting Special Meeting Regular Meeting Regular Adjourned Meeting Special !Meting Special Meeting Special Meeting Special Mating September 7, 1965 September 21, 1965 October 5, 1965 October 11, 1965 October 13, 1965 October 18, 1965 October 20, 1965 October 25, 1965 November 2. 1965 7:30 P. M. 4:30 P. M. 7:30 P. M. 7:30 P. M. 4:30 P. M. 4:30 P. M. 5:15 P. M. 4:30 P. M. 7:30 P. M. APPLICATIONS Pram R. S. Gippls aiad Kerry Lund, for permit to hold dances at Curtis Caves three nights weekly. Mr. tipples We thoenght we would have a teenage club down there; we didn't know what the laws were. or it you would be for or against it. W. will havelivemusic, serve pop, eta. It .will be well chaperoned. Councilman Molde: II myself am all in favor of this. It's a matter of what the license would cost you. If 'there is a lot of commotion down there, the City will have the right to revoke youm license. - - Councilman Peterson A I personally would have no objections to this. The City Attorney creaked the ordinance regulating permits and discovered the only one inexistence was a vary old one which stated the permit would be $25.00 for the first day, sand $12.50 for, the second, etc. Councilman Powell: Could we have a motion instructing the City Attorney to draw up an ordinance whereby we set fees for dance permits at $1.00 per dance and $25.00 per year? Mayor Charlsen: Mr., tipple, you will not get any opposition from the City Council on a proposition soot as this as long as you have proper supervision. (See ordinances). On motion of Council/men Peterson, seconded by Councilman Molds, the following Cc Sale Liquor Licensees were approved for the year 1966: Donald F. Mosimamm 6 Glen L. Karloske 317 South Main Street Edward J. Davldsian 231 East Myrtle Street • 7444 � ^ ^ ^ (December 28, 1965-continuead) 444 • • The Lowell Inn, Moo. 102 North Second Street John Leonard Hinz: 302 South Main Sttreet Merl E. Meister EA Clara A. E. Meister 112 North Main Sttreet Mildred H. Geredoorf 224 South. min Sttreet Eagles Lodge 101 South min Sttreet V. F. W. Post 3227 124. North Main Sttreet Elks Lodge 110 South min Shyest Stillwater Countuy Club Stillwater, Minnesota American legion *Club 103 South Third Sttreet Ponds in the amount at $3,000.00 each were also approved. On motion of Councilman Mold*, seconded by councilman Peterson. the following Cigarette Licensee weore approved for the year 1966: Edward-J. Davidson:, 231.. East Myrtle Street Eagles lodge, 2271 South Main Street John L. Hine, 3022 South Main Street sooiey's South Will Market, 902 South Fourth Street Hootey"s-Downtowa Super Market, 405 East Myrtle Street John Houston, 4022 South Main Street Merl K. Meister ai Clara A. E. Moister, 112 North Main Street Midland Cooperatiives, Inc.,. 501 North Main Street. Dal Perm Store.. 17.Qth,a Myrtle Striate, Stillwater Patrick White, 6003 West Churchill Street .. Leonard Yee, 241. South Main Street On motion. of :Counciltaan Powell, seconded by Councilmen Molds, the following Soft Drink Licenses mere approved for the year 1966: Edward J. Davidssen, 231 East Myrtle Street Del Perm Store, Ilburth a: Myrtle Streets Eagles Lodge, 22'1 South Main Street John L. Hinz, 30:0 South Main Street :Molay'a South 21:iL11 Market, 902 South Fourth Street Hooley's Downtowns Super Market, 405 Eastfyrtle Street Doris Huts - Cit7 Nall, 104 North Third Street Clara A. E. Meister a Merl H. Meister, 112 North Main Street Midland Cooperatives, 501 North Main Street Patrick White, 6!43 west Churchill Street Leonard Yee, 241. South Main Street On motion of Councilman Peterson, seconded by Councilman Powell. the Administrator was directed to call. all license holders who have not submitted renewal appli- cations, and request .that they pay the license fees as soon as possible. • • (December 28, 1965-continued) e r‘ 4451e COMMUNICATIONS, Administrator: The Moat Office Department has extended the time 30 days on our option - from June last to July let, 1966. From the Washington :County Highway Department, Carl Erickson, Engineer, setting forth a list of items which the County feels should be a City obligation in regard to the Olive Street :improvement, as follows: 1. Stub out wat.*r and sewer trunks on public streets as may be needed. 2. Stub out wat.:er and sewer services to the property line of property that isn't a4ready served by these utilities, including vacant lots as may be neeeded for future service. 3. Relocate andl adjust fire hydrants that may so need doing because of this construction. 4. Relocate and l adjust water service valve housings so that they will be outside the future curb line. 5. Adjust water gate housings as may be needed. _ 6. Relocate streett identification signs as may be needed. (all other traffic signs will be replaced or relocated by the -County). 7. Lower or insuulate watermains as needed. 8. Provide for ifte correction of the erosion problem. that:now °.exists. on the water department easement road. Said road being located __ approximately' 180 feet south of Oak Ridge Road. On motion of Councilman Peterson, seconded by Councilman Powell. the Utter was referred to the City Engineer for study, and cost estimates. From State of Minnesota, Department of Conservation.announcing.a statewide conference on aid to local units of government for outdoor recreational,develop- ment under the land send Water Conservation Fund Program. Jan. ery 13, 1966. at motion of councilman Peterson, seconded by Councilman Molds, Councilman William Powell was delegated to attend the conference on behalf of the City. From the First Hethoddist Church.of Stillwater, setting forth results of a survey on racial issues. Tito Letter was read and ordered filed. From Leslie 8. Harding, District Engineer, Corps of Engineers - Notice of Application for Permilt, Northern States Power Company. (Northern States Paver Company requests permit for coal unloading facilities, water intake canal and water discharge canal on the St. Croix River). Councilman Powell: II move that the city Administrator be instructed to send a letter stating that tthe Council has no objections to the water canals and unloading facilities. Councilman Peterson seconded the motion. (all in favor). e • (December 28, 1965-continu.ied) Mayor Charlsen stated 1.e had received a letter from Congressman Werth in regard to the old post office ,building. Mr. itarth stated that bids would be let in March of 1966, and that no price had been set. This letter was in reply to Mayor Charlsen'■ letter to him requesting that the City be given some consider- ation when dispositionaof the building was decided upon. On motion of Councilman Powell. seconded by Councilmah Nelda, the meeting adjourned. to 700 P. Ma.;.this portion of the meeting closed at 608 P. M. 71:30 P. M. - Meeting Reconvened .-.. Presents Councilman Tiverton, Molds, Peterson, Powell, and President Charlsen. Absent: None - PETITIONS, None DELEGATIONS OR IHDIVItYOJALS Mr. Harold Brown - 114 South Martha Street I would like to find crest about the dpg ordinances in this. City.. So many dogs are running loose in tins City; we have a great deal of dogs running through our area, especially large: doge. We have three children, and I also might add that we have pet rabbits whet have been frightened by these dogs. my wife called the dogcatcher: he was goi_ag to come up the next day and investigate; he never did show up. 'Sunday we coaled the dog catcheragain: hq retuned to do anythingabout the dogs around. We would like some. -sort of enforcagnt. Councilman Holds: Wheat was his reason for not doing anything? Mr. Browns He talked mound the matter; he said he was afraid he would injure someone's feelings. Chief Roepkes We have been up there three or four times every day. The most dogs we ever see are two or three; we can't catch them. I believe this is the problem - there is a finale dog on the corner,: they keep;, it, do the house but it still attracts the mane dogs. Mayor Charlsen: I thilak the Polies Chief will watch up there and I am sure they will see what they cans do to relieve the situation. Mr. Lloyd Seaudry 1514 West Oliva Street: I would like to be heaetd on the new County road where the taxpayers will be ed. Mayor Charlsens We halve a ?:Ater on file which we received from the County Highway Engineer; for clarific:ation .hat should be read again. The Administrator read the letter aloud (see page 445). (December 28, 1965-continued) 447 ) • Mayor. Charlsen: You can see by that letter that there is considerable expense to be incurred by the city :in preparation for this construction; this letter was written on the 22nd of Ds:cenber; I don't think the City Engineer has had time to get estimated costs. yet, Mr. DuRocher Olive Street When they do come up with an estimated cost. how ,close is that?. On the last sewer deal it was way o£Es almost twice as much. At that time theContractor was supposed to here fixed the road, which he didn't do. They didn't hold him responsible; you paid hiim more money instead. Mayor Charism: We have to do this work before the road goes in. ]t. DuRocher: Mow about: northern States power and those guys? Mayer. Charlsen: They wilil have to have their connections in before the road is in. It. DuRocher: What is that preliminary work you. are going to :stand? What have you got in mind there? Mayor Charlsen: It wound not be ed in excess of $7.00 per foot. It. mumocher: If it gets up that high I will have to move; I can't afford to live in Stillwater anyhow. Mr. Zieske 1404 What Olive Street As far as the letter them County sent to the City, it's vague. Also, there are no ...plans as to how to attack this problem....It just states improvements,. hgge to be wa made - city water and catty sewer; that s supposed to be done alreedy whin the -sewer passed that area. We paid for the sewer once before as far as connections from the property line. Are we speaking of cement curb and gutter now, or asphalt or what? You can attaehk this first class Cadillac, or you can attack it economically. What is this magical $740?,. Mayor Charles.: It's swathing magical - we agreed no new streets. would be put in in excess of $7.00 per ;coat foot to the property Owner. This tettei - all it tells us is what we are supposed to do before they put the street in. City Engineer: As It.$Biesk, points out, -From Seeley Street.eaet, the. sewer services are stubbed in and the water is in, but from Seeley Street west it is not because we had no idea Iiowthe property would be subdivided. tntil the County comes up with plans, we, do not know how many hydrants are going to have to be moved. The.County. by State, law, .has to conatruct,a forty-four; foot streets they are still working on thus design, and don't know what is going to be involved as to lowering watermains, etre. _.. Administrator: Will it: be concrete or bituminous curb and gutter? City Engineer: I believe it will be concrete. Administrator: Do you :have any idea what the over all cost would be? City Engineer: The onlly thing I could do is guess; I would say $15.00 or $16.00 per foot. Mr. Zieske: The determining of the fact whether we get cement, curbing is the decision of the Council! and Mayor, or the City Engineer? Mayor Charloen: The County Board. City Engineer: They suobmit their plans to the State, and the state approves or rejects them. Councilman Sowell: I think the question he is trying to come up with is, regardless of who pays for it, thee City can still assess. • • (December 28, 1965-continsmed) 448 • • e•-••'r The Administrator thorn read the City Attorney's opinion which states that the City can for nark done by the County. Mt. Zieske: According to that, you could assess us $20.00 per foot; as far as the ruling is cone.cerned, on property owners along this street, we are open game: Stop it at this City line so I am not open for any assessment. You could assess $100.00 if you feel like it: Mayor Charlsen: Do !you think we would do that?: Mr. Zieske: Yes: Mayor Charlsen: Didm 't I just make the statement that any new streets in the City of Stillwater would not be assessed in excess of $7.00 per foot? Mr. Zieske: It doesn't matter what Olive Street costs. the pattern is already set at $7.00 per f000t7 Mayor Charlsen: No more than $7.00 per foot. Mr. Zieske: If you 'Molded that the additional cost is $3.00 per foot, we would not necessarllyy as ed $3.00: we could be assessed $5.00 or even $10.00. Administrator: If ansp part of this improvaient ie going to be assessed, the Council must hold a hearing and you will be given the costs. You cannot be' over -assessed: you hs:re appeal to the courts. Mr. DURocher: I was: I had a chance to sell my property but with that amassment against it,., I couldn't. At. 8eaudry: The peoaple on Olive Street think you ate depiicating'this t'we ..are getting abetter strait, but we are just going to have the same. We want to point out that the Connell should do everything in its power to keep our cost down : we shouldn't bee guinea pigs forthis new experiment: Councilman Powell: Thism you don't even want the street, even if it's free? Mr. Reaudrys I would like the street just the way it is. Mr. Zieske: Can as nes that we don't want the street improvedfrom the City line? Councilman Peterson, Sure, butit's up to the County. Mr. Reaudry: Who wants a county road if it's going to cost $7.00 per foot?: Mayor Charlsen: I dons"t think we have to continue -this -any -longer: we have no figures to work witit yet. Every person who owns property on Olive Street will receive a card designating a hearing date. Administrator: Ibticeus will be mailed to all these property owners before the improvement is started 1; LE they don't want the street, you don't have to have it. ths. Ruth Newman: I have Lived in the City of Stillwater all my life. At this. time I think it's appropriate to thank you and the Council, and all the officials. for the work& they have done during the past yearn and it has been a troublesome one. Nest wishes and good luck for next year. UNFINISHED BUSINESS The City Attorney submi..tted a written opinion on the following question: • • • 4491 e • Can the City C:ourcil issue Certificates of Indebtedness for expenses incurred by the flood and not reimbursed 2rom federal funds under the Pederal Diameter Act (Public Law 81-875) under Laws 1965, Chapter 252, known now. as Laws. 1965, Chapter 867? Answer: Tom. Councilman Hold*: where does this coney come from? Administrator: From a special levy. On motion of Counc-Liman Holds, seconded by Councilmen Powell, the Mayor and Administrator were authorised to enter into Reciprocal Fire Agreements with the Township of St. Joseph, and the Village of Bayport. The city Attorney .reported on whether or not the City is responsible for the removal of fallen trees on boulevards. (question arose as a result of a bill from It. O'Brien filer removal of a tree that had fallen in front of his property during a rain stoma). City Attorney: Thar City is responsible for trees on boulevards. Administrator: Ge:etiemen, this being thecae., shall we inform Hr. O'Brien to rend in a verified! account form for payment? Councilman Powell moved for the above; Councilman Peterson seconded the, notion. (all in favor) . The Engineer was too report on the cost of transit° pipe for installation near Lily Lake. He staffed that Banister Engineering is surveying. on Greeley Street, and this particular pipe will be included in the overall project.He also stated that most contracture did not like to work with 'transit.' pip. as it is ter' difficult to work with, and probably another material would be used for thepips in question. Councilman Pawe11: How long is this project going to take on Greeley Street? City Engineer: I w:ouLdn't venture a guess. Councilman Powell: Lily Lake is going to be in a sad state of affairs next year one way or the othem. Do you feel that this work on Greeley will curb use of Lily Lake to any great extent? Engineer: No. Administrator: ifiaatever happens, one way or the other there will be some temporary measure taken so Mere will be access to the beach. The Engineer stateM he did not have a report to make in regard to the changing of meters on Parking Ilot Ro. 3 as yet. The Engineer submittted a list of proposed street work for the year 1966; streets included are as folilowe: South Fifth Street from West Churchill to West Willard West Willard St=rest from South Fifth Street to South Holcombe • 450 (December 28, 1965-continueed) • • South Harriet Street West Oak Street South Fourth Street South Martha Street South Martha Street South Holcombe Serest from from from from from from west Willard Street to Dead End South Fourth Street to South Third West Pine to West Oak Street West Willard to West Olive West Abbot Street to West Willard west Pine Street to west olive Street at an estimated cost .of $19,136.40, of which the City's share is estimated at $4,784.10. Administrator: After discussing this street program with the City Engineer, and considering the Myrtle Street and Greeley Street projects will be completed next year, this proposal L. about all that can be handled. Councilman Nolde: I:t sounds like a good proposal to ms. Mayor Charlsen: Arse we going to have the $4,000 for the City's share? Administrator: We expect to, yes; out of the Permanent Improvement Fund. Councilman Mold,: 12 move the Engineer proceed with the project for next year. (proceed with plans,. etc.) Councilman Powell seconded the motion. (all in favor). Administrator: Yourr City Attorney, along with Councilman Powell and the attorney for Stillwater Township met in regard to the landfill dump. Councilman Powell: We held our meeting at the office of the attorney for.. Stillwater Township— We wanted to make sure that ordinances governing. hauling of garbage and rubbiish would be the same in the township as in the City: these we felt should be identical. The two attorneys are working on this now. The general feeling was that we could provide a dump service for mutual benefit of the City and the Township. I would say that outside of that, we allowed the attorneys to work oust the details; I told Mr. Rota that we probably .wouldn't discuss it tonight because of other pressing matters. Mr. Robert McGarry: We discussed this briefly, but I am not against this nor are the people in. pairmeadows. The only thing we are concerned with is regulations under which it will be operated. City Attorney: Stilllwater Township has control; we do not. They are drawing up a very rigid ordidnance. Mr. McGarry: Where, is their ordinance? That is the only thing we are concerned about; the dump has: to be somewhere, but it should be put down as far as burning and covering, etc. City Attorney: I ame supposed to go over their ordinance before it is published. City Engineer: Starting tomorrow morning we are going to install a snow fence around the old dumpsite; it is hoped that the contractor who does the work on Olive Street doesn't have any need for his fill, so we can use it at the old dumpsite. NEW BUSINESS On motion of Councilmman Peterson, seconded by Councilman Nolde, the following collateral, pledgedl by the First National Bank of Stillwater to secure City deposits, was approe.ed: U. S. A. Treasury Bills, due March 22, 1966 - $100,000. • • 4511 • On motion of Councilman, Peterson, seconded by Councilman Mgeds, the Aasesstont Roll covering Local Improvement No. 54, as submitted by the City Engineer, was approved. The date fort hearing on this mart was set for February 8, 1966. at 7:30 P. M. (See Resolutions). Councilman Peterson regguasted that the Council discuss the possibility of designating more streets in town as "through streets". After some discussion, Councilman Powell moved that the matter be turned over to the City Engineer and tire Public Safety Director for their recommendations and report on January 11, 33966. Councilman Peterson secoondsd the motion. CITE ADMINISTRATOR'S REPORT The Council, after hewing- the Administrator's proposals for the 1966 qudget, discussed the matter at! Length. During the course of ttho budget discussion, Councilman Powell moved that the.. City Council and City :Lttorney should meet at some convenient date to discuss the reassessing of licemee and permit fees being charged to various individuals in the City of Stillwatter, as many of them should be updcted. Councilman Peterson seconded the motion. .. Councilmen Iverson andlllolde were opposed. -._ .._ ..... After further discussion, Councilman Powell stated the City Attorney will find out what other communities: are charging for permits, etc. --. On roll call, the votes on the motion was as follows:.: ;, ... Councilman Iverson: Yes Councilman Molds: Yes CouncilmesPetersons:_ Yee- Councilman Powell: Yes Mayor Charlton: Yee ORDINANCES On motion of Councilman Everson, seconded by councilman Powell. thi Clerk made the second reading of:1 An Ordinance Amending !an Ordinance Entitled an Ordinance Establishing a Sanitary Landfill, Providing Roles and Regulations governing the Safe and Inoffensive Operation of Saw, and Fixing Penalties for violations Thereof. The Ordinance was resod Section by Section, with roll call after each Section as follows: Councilman Iverson: Yes Councilman Molde: Yes Councilman Peterson: Yes Councilman Powell: Yes Mayor Oharlsen: Yes The Mayor then put th.e question, "Shall this ordinance pass?", followed by roll call as follows: • • 452 (December ea, •9b� COnt1nuw>3C) • Councilmen Iverson: Yes Councilmen Holde: Yes Councilman Peterson: Yea Councilman Powell: Yes Mayor Charlasn: Yes whereupon said ordinance was duly passed and adopted. On motion of Councilman Nolde, seconded by Councilman Powell, the Clerk tade. the first reading ofa An Ordinance Amendinog An Ordinance Regulating Licenses in the City of Stiredater. A brief discussion wags held in regard to a statement submitted by the City Attorney to cover erases and legal fees for work dons on bshalplant foff thectty (inconnectionwith tthe-Morthern'Staten Power Company generating Oak Park Heights). Councilman Iverson saved that the bill be paid: Councilman Holds seconded the motion. (all in ...favor). RESOLUTIONS The following resolutions were, on roll call, adopted: 1. Directing the Pa!pasnt of Rills 2. Por Hearing on assessment, Local Improvement No• 54-1965 3. Authorising Leaver of Absence (Edward McKnight) 4. Approving Trmporrery Employment (Adolph Carey) 5. Declaring Dump Oppen to Citizens of Stillwater. AA70URHMETf On motion of Councilkmn Powell, seconded by Councilman Iverson, the meeting adjourned tb Thursday. December 30, 1965, at,7:30 P. M. This meeting closed at 11:15 P. M. Attest: digs — city Clerk Mayor e • Council Chamber Stillwater, Minnesota Regular Adjourned ?Meeting December 30, 1965 7.30 P. M. The meeting was called to order by President Charlsen. Present: Councilmen Iverson, Molds, Peterson, Powell, and Mayor Charism. Absent: None Also present: Dr. Blodgett, City Civil Defense Direct r; Peter Racchini, architect Mayor Charism: Nee have one item to bring up before we go into the budget. I would like to roue a letter that I received from Mr. dune, acting Director of State Civil Defeats. Mayor Charlsen :read the letter aloud (in regard to Emergency Operating Center for the snow City Ball) I would like to tharxk Doc Blodgett for the effort he has put into the project and the work he has One. Dr. Blodgett: I wouuld like to take a second to explain the Emergency Operating Center; this is something that has been o.k'd by the State; the federal funds have been allocated; we That got the word today. This means $35,000, but in order to get this, there is satill quite a bit left to do. Mr. Racchini might mention to you the cost involved. Mr. Racchini: Dr. Bsiodgett has been working two completed; therm remains steps three and the federal governme;mt would desire that the I might add that theatre has been so much work three are pretty much completed. on this and we have steps one and four. Before step three is started, City commit itself to the program. done on this that parts of step When we started on tills project. we had planned for this Civil Defense Emergency Operating Center, ancd you people, as you well know, have already spent some money towards it. There we a couple of items 1 think you shouldla made aware of. First of all, we have included only items that we thought we would have to include so that when you did go ahead with the ROC, the federal government would pay its portion on it. One a! the items we excluded was a second stairway to the basement. According to the government, this will have to be done regardless if the Civil Defense went ahead oa not. If the Emergency Operating Center is wanted they would be paying for one halt of this stairway which will have to go in. The people from Battle Creek seems to be wry pleased that there is a contractor already on the job; they continue giving this job some precedence over other projects. They felt if this project proceeded there would be some advantage in having the contractor on the job bid on it.. I have spoken to him, and there would be some possible savings; of course, this would have to be a job that is bid. There are some advantages in going asnead with it as soon as possible. Mayor Charlsen: The estimated cost of the additional room came to how much? Mr. Racchini: We ares talking about $70,000 in round figures. Councilman Powell: I,:s there any time limit on which we must participate in this program? Mr. Racchini: This is something I can't answer. I would assume this is something you can do anytime. ere point I am trying to make here is, it seems there would be some financial advantage at the present time if you are going to go ahead anyway. Councilman Powell: $700,000 seems like a lot of money. Does this space have to be where we planned it? Does it have to be down below another floor? • • e • /4454 (December 30, 1965-gontimued) s • Mr. Racchini: You Wave a tremendous advantage below ground; there is a much higher protection factor. Above you would have to have heavier walls, etc. You people are speekting of a room: it's not just a room - it's the entire basement except the boiler room. City Attorney: Regaardless of whether or not the Civil Defense comes in, an additional outside astairway has to be put in. How much would that cost? Could it be an extras on the contract? Mr. Racchini: Yes Administrator: Can this area be rented out for various civic functions? Mt. Racchini: The government encourages dual use. Councilman Powell: Continue working on the Civil Defense portion, and find out how much time we cansban before we must participate in this program. my personal feeling is that we can't do it now; we don't have the money. Dr. Blodgett: The people in the State office have gone all out to help us get this thing thro:aigh; we would have to start all over if we waited until a later date. Administrators You have the picture, gentlemen. Can we get an expression individually as to %chat the department heads feel. Mayor Charlton: Whys not give them a few days to look at it. Councilman Powell: :tt's nice to have a Civil Defense Director who is as devoted to his work as ours :Ls. I think he has done a tremendous job. My feeling is that when the building cost more than $325,000. it's more than I would like.. to spend on it. ..If we vvoald have to spend another $1,000 I am against it.. as long as we have the ground work laid, I am for waiting. I can't justify goinginto debt any further. Councilman Molde: Weald this cost more money as far as you're concerned? (for architect fees) Mr. Racchinis Nos tthere would be more time involved, but I would say no. Councilman Mold*: Thhe only question in my mind is this; suppose you cow in and say this is the proper thing to do - where would we get the $35,000? Councilman Powell: BE a committee looks into it and we get a revised estimate of $25,000 - where sae we going to get the $25,000? Councilman Peterson: Just a month ago we turned down $2,000 for cost of moving a transformer pole. Councilman Powell: IT can see putting in the stairway now, but can't see spending $10.000 for it; you Move to find someplace to call a halt. Councilman Nolde: Hocw much work is involved for you fellows to get together and figure out sweatily how much it would cost? Councilman Powell: Chin we also get a detailed report of what's going into the garage building? Councilman Nolde: I 'move. and I have to say at this time that Dr. Blodgett has done a good job uap to this time, that we forget about finishing off the basement until we get: a cost on the garage. Councilman Powell sec:ended the motion. On roll call, the votes was as follows: Councilnan Iverson: Yes Councilman Molde: Yes Councilman Peterson: No Councilman Powell: Yes Mayor Charlsen: Abstained • • • (December 30, 1965-continued4 55\ a • Administrators Mr. ttompaon, the Building Inspector, has some plans for Council consideration at that') time. Mr. Thompson: Theses plans, belonging to Mr. 8. O. Iverson, are for a nursing home, clinic and apartment house complex which, when completed, will be worth about half a million dollars. I will express a personal opinion and say I am 100% in favor of it.. 7Tey own the entire block and it would not interfere with any of the adjocining property owners. I understand that the property owners have approved this, and are 100% in favor of it too. Thereis a side yard variance involved which would require a special permit. I think one fact the Council should consiider is that they own the entire block. It has been approved by the State Board cot Health also, and the Fire Marshall's office. Councilman Powell: E move that this be referred to the Planning A Zoning Commission for their. study. Also, that the Building Inspector recommend that they have a special :meeting and then report back at the January llth meeting. Councilman .Iverson: this has bean in the planning stage for some time: the planning on this has: been done in cooperation with the hospital. the medical profession and has been through the stiffest planning commissions it would ever have to go through. Councilman Peterson :then seconded Councilman Powell's motion. Councilman Iverson and Councilman Molds, abstained. Councilman Iverson: 1 would rather take this plan to the Planning Commission myself: sothey have ±full knowledge of it. Mayor. Charlsen: I wall vote yes on the notion, it has to go to the Planning Commission. Councilman Powell: Mee have approved it subject to the approval of the Planning A Zoning Commission. At this time, the Counicil discussed the proposed budget for 1966 at some length: also? salary. adjustments. Councilman:Molde mound that Street Department employees be given eleven paid holidays- per year insttead of seven paid holidays. Councilman Iverson seconded the motion. (all in ±favor). On motion of Councilman Abide, seconded by Councilman Iverson, the following budget was adopted fob the year 1966s BUDGET 1966 General Fund $330,180.90 Band Fund 3527.42 Civil Defense Fun& 1,495.32 Library Mond 19,017.40 Park Fund 3,489.08 Post. Audit Fund 1,533.66 Parking Facilities: Fund 1,917.08 Voting Machine Fumed 383.42 1959. Sewer Improveunant Sinking Fund Real Property Fundl Permanent Improvement Fund 35,005.83 35, 383.42 Firemen's Relief P',h:sd 383.42 Public Employees Retirement Fund 20,014.28 Sinking $125,000 Bonds of 1963 Fund Parking Facility Bond Fund 4,600.98 Refunding Bond 196E Fund 41.025.45 $472,581.38 AL)L) (December 30. 1965 continuoed) GENERAL FUND BUDGET 1966 Balance January L $ 29,140.29 * Revenues General Property/ Taxes $224,620.34 Licenses and Permits 31,781.00 Pine*. Forfeits.. Fess and Costs 11,900.00 From Use of Proplerty 2,100.00 Frog Other Agencies 39,500.00 Charges for Current Services 5,318.00 Other 1,800.00 Flood Grant -Federal Government 10.000.00 $327,019.34 Transfer from weber funds (temporary) 32.301.85 $359,321.19 Amount Available. for Expenditures: *denotes overdrawn Expenditures: Goverment $ 3,700.00 =•. Municipal and Coonciliation Court 15,200.00 Elections Finance 24,020.00 Assessor and Bleed of Equalization 7.655.00 Law 7,650.00 ., 25.00;. Planning & Zoning 4,520.00> City Hall 2,300.00 Fuel 600.00 Posttageage and Electricity Stationery 300.00 700.00 Publish Financial Statement 300,00 Fiscal Agsnt'sr: Service Charge 64,635.00 .:'.:: Police Departmemt 6,203.00 Fire Depactmant: 4 ,05.00 Protective..aepg :=sction Militia and:Armory 0.00= 7, Animal Control 2, 5570.00 c. 5,272. Engineering Roadways 8,000.0090 Snow and Ice Removal000.00 Traffic;8ig na,::Signals and Makings ,00.00 r. Equipment Maintenance Shop 18,500.00 gent Lighting 0.00 Dump Grounds - 4,50500.00 Conservation omt Health 295.00 Playgrounds 3.295.00 Skating Rinks 3,550.00 Lily Lake Beach'3.100.00 American Legion% each 3.90000 Parking !esters 16.000.00 Insurance .000.00 Hydrants ,0.00 Rental Units expense 550.00 Hospital and Msedical Payments 4 Gasoline 5.200.00.00.00 Undistributed Seel Expense $330.180.90 \r" • • (December 30, 1965-continued) 4517 � s • On action of Councilman Peterson, seconded by Councilmen Iverson, the following salary and wage ached: le was adopted for the year 1966: (3ingle rate hospital and medical premiums shall be paid by the City in addition to the salaries and wages listed below. See Resolution No. 1968) 1. Mayor 2. Councilmen 3. Clerk-Adainistraator & City Treasurer (motion of Councilman Powell, seconded by Councilman 'Iverson: see meeting held on Januaryy 3, 1966) $400.00 $300.00 $820.00 per year (Charter) per year (Charter) per month 4. Assessor & Build/ling Inspector $675.00 per month -first six months $700.00 per month -last six months 5. Engineer 6. Attorney 7. Health Officer 8. Clark of M etall:al Court & Conciliation Court 9. Judge of'nanicipsal Court a Conciliation Comet 10. Special Judge of! Municipal Court Conciliation Court 11. Bookkeepers (Lavosaaa Simon) 12. Deputy City a City Treasurer (IAuris Rutz) 13. 14. OfficesClerk (Vt:.rginia Barriaford) 15. Office Clerk (Jessica Kuntelman) 16. Extra Clerk Hire, 17. Director Civil Desfense (Malvin Blodgett;:) 18. City Band Direct.:er (George Regis) 19. Sewage abrks Superintendent (John Shelton) 20. Street Superintendent (Howard Hagen) 21. Assistant to Hui:lding Inspector (Halter Rutz) $810.00 per month $600.00 per month -first six months $650.00 par month -last six months $ 70.00 per month 0450.00 per month $8,000:00 peryear(Statute) i $ 25.00 per day Secretary (Carol'.` Peterson) 22. Sewage Plant Opemator (Lowell Radke) 23.. Sewage Plant Operator (Arnold Haas) 24. Chief of Police I(tase) (sae Resolution no, 2794 covering adjustnnents) $270.00 per month $410.00 permonth $400.00 per month $250.00 per month $220.00 per month $ 1.50 per hour $ 25.00 per month $110.00 per month $580.00 per month $550.00 per month $ 2.40 per hour $460.00 per month $460.00 per month $685.00 per month • • (December 30, 1965-continued) 25. Asst. Chief of Poetics (base) (see Resolution Ifo. 2794 covering adjustments) 26. Sergeant Police Isspartnent (base) (ere Resolution IFo. 2794 covering adjustments) 27. Patrolman: starting pay after six months: after one year sasevice after two years service after three yews service 28. 29. (see Resolution On. 2794 covering Auxiliary. Policed Police Officer -Perking Meter Maintenance. Dogs Catcher (Reuben Jacobsona) 30. Firs Chief 31. Fireman: starting pay. after six months. after one year service aftertwo. years :service after three yearn service (see Resolution 180. 2794 covering 32. Auxiliary Assist:ant Chief Fire Department.. 33. Auxiliary Captains Fire Department 34. Auxiliary Driver: Fire Department 35. Auxiliary Firemen 36. Street Departarnat Driver -Operator :L first sixmeals of 1966 last six smells of 1966 Except Ootthold IRaseley Driver -Operator :2 first six months of 1966 last six montl:hs of 1966 Driver-Leborar 1. first six montl:hs of 1966 last six months of 1966 Laborer 1 first six mantle of 1966 last six montghs of 1966 Laborer 2 first mix mantlbs of 1966 last six months of 1966 $610.00 per month $570.00 per month $425.00 per month $475.00 per month $495.00 per month $520.00 per month $540.00 per month adjustments) $ 2.00 per hour $430.00 per month $600.00 per month first seven months $650.00 per month last five meths $420.00 per month, $450.00 per. month. $470.00 per month $485.00 per month $500.00 per month adjustments) $ 50.00 per month $ 25.00 per month.. $ 20.00 per month $ 15.00 per month $ 2.50 per hour $ 2.55 per hour $ 2.50 per hour for year 1966 $ 2.45 per hour $ 2.50 per hour $ 2.25 per hour $ 2.30 per hour $ 2.20 per hour $ 2.25 per hour $ 2.15 per hour $ 2.20 per hour e (December 30, 1965-continued) 459\i • e 37. Janitor $100.00 per month 38. Caretaker - Ricans Park $210.00 per month 39. Director of Recreational Facilities $387.50 per month (Joel Blekum) 40. Clark -Various Offilces 4400.00 per month (John Lawson) 41. Assistant Buildings Inspector $330.00 per month (John Claret') Councilman Bold* moved that the Mayor and Clerk enter into a contract with Mr. Leighton Charlaen, cm behalf of the City of Stillwater, in regard to the landfill dump. Counncilman Peterson seconded the motion. (a11 in favor) RESOLUTIONS 1. Authorising Esecut:ilon of Deed (Edward L. Bliss) ADJOURNMENT On motion of Councilmen. Iverson. seconded by Councilman Peterson, the meeting adjourned at 11s58 P. ea. Attests City Clerk Mayor •