The URL can be used to link to this page

Home My WebLink About1998-04-21 CC Packet " .. . i. fYl~ REVISED AGENDA ** CITY OF STILL WATER CITY COUNCIL MEETING NO. 98-9 Council Chambers, 216 North Fourth Street April 21, 1998 SPECIAL MEETING REGULAR MEETING 4:30 P.M. 7:00 P.M. 4:30 AGENDA CALL TO ORDER ROLL CALL 1, Report on Police Chief recruitment process - James Brimeyer 7 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL ~- APPROVAL OF MINUTES - March 31, 1998, Special Meeting; April 7, 1998, Regular and Recessed Meetings PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. James Laskin, City of Stillwater Chamber of Commerce - Downtown hanging planters 2 Sheryl Marshall, S1. Croix Area United Way 3. Ed Cain, Legislative Associates - LegislatIve Update OPEN FORUM The Open Forum is a portIOn of the Council meetmg to address CouncIl on subjects WhICh are not a part of the meetmg agenda The CouncIl may take action or reply at the tune of the statement or may gIVe dIrectIOn to staff regardmg mvestigatlOn of the concerns expressed STAFF REPORTS 1. Finance Director 2. Police Chief 3, Public Works Director 4, Community Dev. Director 5. Park & Recreation 6. City Engineer 7. City Clerk 8, Fire Chief 9, Building OffiCIal 10. City Attorney 11. City Coordinator CONSENT AGENDA * 1, Resolution 98-97: DIrecting Payment of Bills 2, Resolution 98-98: 1998 Labor Agreement with IUOE Local 49 3, Purchase of 37 firefighter helmets - Fire Dep1. 4. Resolution 98-99: Renewal of gambling premises permIts at Elks Lodge, Loggers and John's Bar- B.P.O,E Elks No. 179 5, Resolution 98-100: Employment of Katherine Rogness as ReceptionIst/Clerk Typist- Administration 6, Purchase of survey equipment - Engineering 7 Contractors Licensing: Adolfson & Peterson, Inc , MinneapolIs; Wellmgton Window & Door, St Louis Park; Pools, lnc , Minneapolis; St Croix Fencmg, New RIchmond, WI 8 Resolution 98-101: DeSIgnating as No Parking on Curve Crest Boulevard 9. Hang barmer at Chestnut Street - United Way 50th AnnIversary City Council Meeting 98-9 Apri121,1998 10. Resolution 98-102: Temporary Employment of Tricia Markfort - Parks Dept. . 11. Resolution 98-103: Accept proposal of Tennis Court Doctor to apply filler coat and color coat to Ramsey Park and Staples Field basketball court and installation of basketball post and backboards at Staples Field I 12. Resolution 98-104: Extension of Fire Protection Contracts with Townships of Stillwater and May I and the City of Grant , 13. Resolution 98-105' Approving partIcIpatIOn in household hazardous waste collectIOn program and issuing license to Washington County for use of real property 14. AuthorizatlOn to make grant applicatlOn and enter agreement with Mmnesota Dept of Publzc Safety and Minnesota State Patrol for alcohol saturation events 15 Resolution 98-106 Intergovernmental Agreement with Metropolitan Council for Lzly Lake momtoring program for 1998 16 Approving proposal of Fredcove Construction Co. for constructlOn of handzcapped ramp UNFINISHED BUSINESS 1, Possible second reading of ordinance amending Chapter 51, Traffic and Parking RegulatIOns 2. Request for improvement of UBC parking lot 3. Request for annexation of Neal Meadows area (Resolution) 4. Possible second reading of ordinance amendmg Chapter 30, Garbage and RubbIsh, by rescmdmg Ordinance 836, regarding use of authorized bIOdegradable bag for yard waste . 5. Update: Rivard property 6, Selection of consultant for 62nd Street North area specific plan NEW BUSINESS 1 POSSIble first reading of ordinance adopting and enactmg a new code for the Czty of Stillwater 2. Possible first reading of ordmance regulating animal waste 3. Request for Council support for affordable housing consistent with City of Stillwater Comprehensive Plan (Resolution) 4 Parks Master Plan - Report and Discussion 5. City Hall neighborhood parkmg - Report and recommendation 6, Proposal from Service EnVIronmental to close out remedIal investIgation offorrner St. Croix bus garage, Job 9806 7 Award bId for 1998 Street Improvement Project, Job 9802-9803 (ResolutIOn) . PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) 2 . . . City Council Meeting 98-9 Apn121,1998 COMMUNICA TIONSIREOUESTS 1, Stonebridge Elementary School PT A - Request to hold fundraiser dance outdoors on Fnday, Apnl 24, 4-7 p.m. 2 Barbara C.S. Hanson - Resignation from Library Board 3. Tom Schweitz, GraffitI Teen Center - Request for funding for general operations and for skate park COUNCIL REOUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All Items listed under the consent agenda are considered to be routme by the City Council and WIll be enacted by one motIOn There Will be no separate diSCUSSIOn on these Items unless a CouncIl Member or CItizen so requests, m which event, the Items wIll be removed from the consent agenda and conSidered separately ** Items m Italics are additions to the agenda 3 ,. MEMORANDUM . TO' Mayor and CouncIl FR CIty Coordinator RE: Proposed Charter amendment - COnflIct of Interest prOVISIon DA April 17, 1998 . DiscuSSIOn I have reviewed the proposed charter amendment regarding conflIcts of Interest and I have the following comments and questIOns: FIrst of all, I have been the City Administrator for over 19 years and during thIS time I cannot think of a SIngle instance where the proposed amendment would have been used (in lieu of present law) and I need to question why the amendment IS now beIng proposed Normally, the enactment of an ordinance, rule or regulation of this kind is the result of a hIstory of abuse If there has been an absence of unethical behavior or actIvity In the past, why is the amendment beIng proposed? Further, I am not aware of any city having a similar ordinance - even for cities that have had some problems in this area in the past To my knowledge these CIties rely on existing law (l.e., Minnesota Statutes and in particular MN Stat. Chapter 471 87) for cases Involving conflict of interest. In their letter to the Council the Commission states that they have "wrestled WIth a method of administration and enforcement of the provisions of this amendment". HO'vvever. the Commission does not site reasons for establishIng the amendment or why state law would not be used I think the Commission should explain the incident or InCidents that have gIven rise to the perceived need for this amendment and why current state law does not adequately address "the rare event of public complaint of a conflict of interest" Again, what IS it about StIllwater government that requires such an ordinance? My real concern is that of procedure and espeCially "due process". I realIze that the IntentIOn IS to adopt an ordInance that would provide "substantIve and procedural Due Process Lo persons beIng Investigated". However, I am concerned that the establIshment of a speCial Board to process complaInts of a speCIfic nature (and an ordinance WhICh IS specific to conflicts of Interest) wIll, In some way, conflIct WIth the process that is reqUired per the Cit) 's Personnel Policy and/or publIc employee labor agreements If this amendment IS adopted I v..ould suggest that adequate time be allowed to 'vVTite the ordinance I have also developed a separate set of questiOn that is attached to thIS memorandum that I 'v"ould hke to address at the meetmg Tuesday Fmally, I realIze that the Council is gOing to be reluctant to reSIst the adoptiOn of the proposed amendment to the Charter because to do so would seem to imply (and unf,mly so) that) ou are . not concerned about ethiCS in our local government. Ho\\ever. I \\ould stlll encourage:: ou to questIOn the amendment on the grounds that there is ample law In MInnesota that addresses prohibIted interests and that the establIshment of a separate Board, will in tIme and practIce, prove to be impractical - and a waste of CIty time and resources In any event, I belIeve thIS issue needs to be studIed further EspeCIally as It relates to procedural and due process consideratiOns RecommendatIOn CouncIl request that the Charter CommIssion reconsIder proposal to establIsh a Board of EthIcs or at a mInImUm commiSSIOn an Independent study to determine if the proposed ordInance IS necessary /f(..vfA ., . . . , . . . QUESTIONS/COMMENTS PERTAINING TO PROPOSED CHARTER AMENDMENT GOVERNING CONFLICTS OF INTEREST What is relationshIp between 7.09 b), and MN. STAT Chapter 471 87? Ifwe have a statute that already applies why have it repeated? Would the exceptions as stated in 471.88 also apply (i.e., can statute provision be superseded)? 2 What IS a voluntarIly finanCIal Interest? What is personal benefit? 3 May need more than 60 days to wnte and adopt ordinance. Would suggest that thIS Charter proviSIOn If amended be adopted at the same time the ordinance IS ready for adoptIOn. We would need a good working ordinance - one that contaInS enough specificity to make it easy to understand and admInIster. 4 What Boards would be involved? We have the following Boards and CommIssions a Charter Commission b Heritage PreservatIOn commission c Human RIghts CommIssion d. Library Board e Park and Recreation Commission f. PlannIng Commission g Water Board We also have the following CommIttees (some times referred to as Commissions) a Joint Cable TV Commission b. Clty/ Town board CommiSSiOn c Parking Commission d Middle River WMO e Sports Complex Commission 5 Authority to Issue "bindIng advisory" opinions? What IS a "binding advisory" opInion This proVIsion appears to usurp the Councll' s legislative authority (in fact the entire amendment appears to usurp the CouncIl's legislatIve authority WhICh is establIshed otherWIse by law and conferred to an individual thru the election process) 6 What vote would be required on Board declsiOns/tindings? Simple maJonty, 4/Sth, etc 7 What kind of budgetary constraints \\111 there be for performIng the dutIes aSSIgned to the Board? There already exists a "tight" for city dollars and levy lImIts further (l1l1lpoLlnd budgetary constraints 8 What IS penalty If a public ot1icer or employee IS aware of a potentIal ViOlatIOn but does not inform anyone? 9 Time penod for investigating and reporting fmdIngs may need some flexIbIlIty to ensure adequate InvestIgation and due process 10 What is the appeals process? II What about gnevance process (as It relates to public employee labor agreementsp 12 Can a permit be made null and void in all SItuatIOns? What is the case law related to conflIcts of Interest involving permIts, etc.? What If the vote is 5-0? What if complaint is not filed untll 7-8 months later or one year later, etc ? 13 Who wIll "staff' the Board? I' , . . . , .-' '.. '- "- ,HOV-07-1996 16:28 3 P,02/08 LEHGUE OF 1'11-1 CITIES i:':,'::,:"": ,"1 /' ::, >>~ " :'" :' ':':~",' -:' ,';~, ',':,' " '"'' " " " ' , ~ ' ,: ,: ,~. ,: -,": ',,:, ':~:' .~\' :,..' </,', -: :, >' 471.87 PlTBLIC OFFICERS. I:"TEREST I~ CO!\'TRA.CT; PE;'>1ALTI'. Except as authorized 1D sectlon 471.88, :l pubhc officer who is authonzed to take part In any manner In mating any sale, lease, or contract in offiCIal capacity shall not \ oluntarily ha\ e :l pe:sonal financial in teres, In that sale. lease, or contract Or pe:sonally benefit financIally th~rE.f:om, Every publIc or.1eer who vJObtes this provislOn IS gUIlt) of a gross misdemeanor HIstory; J95J (37'1 \' 1. 1955 t 41 s 1, 1986 c 444 ,/// . /4~::' 1957 . pealed, 1961 c 651 s 2] /~i1.88 EXCEPTJO~S ~ Subdl\ iSlon t oH;fage The governing body of any pon authont), seaway pon , _ autho': nomlC development authonly town, school c!s_nct. hOspItal dlstncl . county. or clly, hy unammou~ ..OIC. nl2:- contract for goods or,ser.lces Wl::- an Inte,- ested officer of the' go\'e;nl'1cntal unJl Ir an:- of the followmg cases . . 471 8~ Mll~!('IPAL RIGHTS, rOWElt,<;. DliTlES 121.~ \::~ 471.84 CE~ETERlES; APPROPRIATION BY CERTAI~ ST.JBDIVISIONS, The govermng body of any cny of the fourth class or statutory cit) or town may, in its dlscretlon. appropnatc a sum not to excecd $2,500 per annum to an) publIc or privately owned cemeter] located ....'thin or without ItS bocndanes if thc cemetery is used for the burial of tbe dead of any ell)' of the fourth class or statutory Clt)' or town without restrict.Jon, Histor)': 1951 c J21 s 1, 1953 c 281 s I; 1957 c 452 s I, 1973 c 123 art 5 s i Subd, 2 B clation in .....hic and :lS a SQurc..r any funds or tr- in an) bank or governmental t. dance .....ith cha interest shall d, aSSOCl:ltlOn, wh ern mental unit IS first designa: or officer is ek' mterest and nc Subd. 3, ( tlOTI of official r paper complyir pubbcation; Subd 4. ( .....hien the ome Subd 5 ( not required b SuM: 6, ( department fo retirement ber Subd.7.( payment of co Subd, 8. [ Subd. 9. ) SlOner or econ a I1nn ellga~cc: ful for the au employer pro\ nal facility, S:l Subd. 10 missioner is e exporting or ~ commissioner affecting ship~ in the determ Subd. J I ing, port aUlh' in ma-Icing 10 affected b; an such loans m~ close the natL knowledge, v. Subd, I ~ \'vnh the umt c::~s if the un The officer m e:-mng bod) f Subd 1 mensur3lc \\ Subj 1. hou~In~ Cind 4i1.85 PROPERTY TRA~SFE~ PuBLIC CORPORATIO:-;S. Any county. city, to....'TI, or school dIstrict may transfer its personal property for a nominal or WIthout consideratIon to another public corporation for public use when dul)' authorized by its governing body. Histol')': ]95] c 176 s 1; 19i3 c 123 artS s 7 471.86 FIREFIGHTERS, PROTECTIO:'\'; MOTOR n:Hla.ES, OPERATIO~, LOSS FROM. SubdIvision 1 Leg-.u counsel, emplo}menc. Every CIty, township, or other govern- mental subdivision of the state shall furnIsh legal counsel for any firefighter employed by it upon the firefighter's wrinen request in all actions brought against such firefighter to recover damages for injury to person or property, or for \\Tongful death, whe:1 such action arose out of the operation of a motor vehicle by sucb firefighter In the perfor- mance of offiCIal duties. and pay the expenses of defendmg such suit. includmg witness and reasonable counsel fees. nor.....ithstanding any contrary provision in the law or m the charter of an) such governmental subdivision. Subd. 2, Judgment, payment authorized. If judgment is rendered in favor of the firefighter, costs and dIsbursements included Lierein sh3l1 be assigned to such govern- mental subdl'...ision by the firefighter, and all money collected thereon shall be paid to it, If Judgment is rendered against the firefighter, such governmental subdh'1sion shall appropriate money from any fund!. a.....'ailable to pay such judgment, or shall le'\-) funds for the pa)'ment thereof pursuant to law. Subd. 3. Application. The obhgauon of this sectIon shall not apply m any case where such firefighter is fully mdemn~fied against claIms for such damages and for such expenses by contract with another, and this section shall not be construed to waive any existing immunity accorded by la.... to municipalIties or governmental subdiyisions from claims for damages sustained as L1.e result of the negligence of its officers, agents or sel"\'ants in the exercise or performance of governmental or pubhc funCtions. Histor')': 195] C 183 s J-3. 1957 c 199! 1; /973 c 123 art 5 s i; 1977 c 429 s 63, J986 c 444 ! , .l > ~ ~ '! i '1, ~ So :- '~ ?;. ,~ ." I ~ I . -I i' , ~~~ ~o.'.II~'.~~~'U=~="'~llj~~~I~~'~:;-~1;~~'~~J::b~!'~~" I , ":"':'..II..~:~.~'.J, _~'IIil.-..llciJ....& t-.jiJIJ-07-19~6 is: 29 -',."'" LEriGUE OF MH CITIES : ) " I ~ ~! 't 1. , , , } I -' . < fj I '. I ~ f 1 I 'I , , J I i M\!1'o1C!pAL R1GHTS. powERS. DVl1ES 411.88 1~1~ Subd 2 Bank or sa\'ings assod.ltion. 1 n the des1gnation of a bank or savlngs aSSO- ciatIOn lD which the officer IS Interested as an authorized depOsitOry for public funds and as a source of borrowing no restriction shall apply to the deposit or borrowing of any funds or the designatIon of a depository by such authority or gov~mental unit In an: bank or saVlng5 association in which a member of an authority or officer of a governmental Unit shall ha'l. e an Interest If such deposited funds are protected in aCCor- dance With chapter) 18 prOVided, however, that an) member or officer having such an mterest shall disclose that the member is a direCtor or employee oftbe bank or saVlngS aSSOCI,'HIon, whtch disclosure shall be entered upon thc minutes of the authority or gov. ernmental umt, such disclosure shall be made when such bank or sa\inss assoc1ation is first designated as a depositor; or as a source of borrowing, or when such member or officer is elected whiche:'I. er IS later, and such disclosure shall serve as notice of such Interest and need not be made ....tth each succeSSIve transactlon; Subd, 3 Offici:li newspaper, The: d~sjgnation of an offiCIal ne\\-Spaper. or publica- tion of offiCIal matters thercin. In Wh1Ch the officer 15 interested when it is the only news- paper complying with statutor: or chartcr reqUirements relating to the designation or publication; Subd, 4. Cooper3tive a~sociation, A contract ....ltb a cooperative association of which the officer is a shareholder or stockholder but not 2,.'1 officer or manager; Subd, 5. COIltract \fith no bids required. A contract for which compehtlvC bIOS are /,.... not required b: law, Subd. 6 Contract 'Aith \olunteer fire department. A contract ....ith a volunteer fire department for the payment of compensatJol'l to its members or for the payment of retln:me:nt benefits to these members, $ubd. 7. Contr.lct with municipal band. A contract with a mumcipal band for the payment of compensation to its members, Subd. 8. [Repezled, 1992 c 380 s S} Subd. 9. Import, export. trade; port conUllisSIoner, w'hen a port authority comrrus- Stoner or economic development authonry commissioner is engaged in or employed b) a firm engaged in the business of impomng or exporting or general trade, it shall be law- ful for the authority to do business with the commisSioner or the commissioner's employer provided that in the fiXing of any rates affecting shippers oruse~ of the termJ- nal facilIty, said commissloner shall not vote thereon. Subd, 10, Import, export. trade: sea~ay port. When a seaway port authority con:- mlSsioner IS engaged 1D or employed b) a finn engaged in the business of unporting or exportmg or general trade, it sh~ll be lawful for the authority to do bUSIness .....i.tb the commISSIoner or the commiSSIOner's empIo) er proVided that in the fixing of any rates affectmg shippers or users cfthe tennInal facility, said commissioner shall not take part in the determination of, except to testIfy, nor vote thereon. Subd, 11. BanK loans or trust sef\;ces, When a commissioner of any public hous- ing, port authomy, or economIC development authonty is employed by a bank engaged In making loans or perfomllng trust se1"\ices lOvohing real or personal property affected by any plan or such housing or port <lmhorit)', no resmction shall apply to any such loans made or trust sef\ ices performed by saId bank if the commissioner shall dis- close the n:3.ture of such loans or trust services of which the commissioner has personal knowledge, which disclosure shaH be entered upon the mmules of such authority. Subd. 12 population of 1,000 or less. An officer of a government unlt may contract ....lth the unit to prov1de constrUCtion matcrials or sCl"V1ces, or both, by sealed bid pro- I I cess If th~ unit has a populatioi1 of 1,000 or Jess ac<.ording to the last federal censuS. (}!... The officcr may not vote on the questlOn oflhe contract ""ben it comes before the gov- ernmg body for constdcratJon, Subd 13 Rent. A publlc officer may rent space in a public faclht) at a rate com. r:1ensuratc w'th that paId b; othcr members of the puolic Subd 14. Housine and redevelopment authorit). \\'hen a county or multicounty houstrg :lnd rede\clopmci1; Ju\honty admjntster~ a loan or grant program for mdJ\ Id- P.03/08 . , - tml.l-07-1S96 16: 29 LEHGUE OF MN CITIES 4il,8$ MU:\ICIPAL RIGHTS, POWERS Dl'lII:':S t , ..' J224 , ~c; I ~ . uaJ rtsidentiaJ property Owncrs Wlthln the geograpbie;ll boundaries of a government unit by an agreement entered Into b\ the government unit and the housing and redevel. opment authority. an officer of the government urut may apply for a loan or grant from the housing and n:dcveJoprnenl authority. If an officer applies for a loan or grant, the officer must dIsclose as pan of the officlal minutes of a public meetmg of the govern. mental unit that the officer has applied (or a loan or grant. Subd, 15. Franchise agreement. When a home rule charter or statutory city and a uuIity enter into a franchise agreement or a contract for the provision of utility services to the city, a CIty council member who is an employee of the utility is not precluded from continuing to serve as a city council member during the tenn of the franchise agreement or contract if the council member abstains from voting On any official action reIatlOg to the franchise agreement or comract and discloses the member's reason for the abstention in the official mmutes of the council meeting. Subd, 16. School district. l'iot\'tlthstanding subdivision 5, a school board member may be newly cmployed or may continue to be employed by a school district as an employee only if there is a reasonable expectation at the beginning of the fiscal year or at the tlmc the contract is entered into or extended that the amount to be earned by that officer under that contract or emplovment relationship will nOt exceed $5,000 in that fiscal yeOlr, NotWlthstanding sectlOo'125.12 or 125.17 or other law, if the officer does not receive unanimous approval to continue in employment at a meeung at whIch all board members are present, that employment is immediately terminated and that officer has no further nghts to emplovrnent while serving as a school board member in the: dlstricl. ' History: 1961 c 65J s 1: 1965 c 806 s 1.4; 1969 c 26 s 1; 1973 c 123 art 5 s 7: 19ii c 55 s 1-3; 1978 c 651 s 1; 1979 c 20 s 1; 1986 c 399 art 2 s 38.40; J986 c 400 s 38,40; J986 c 4.i4: ISp1986 c 3 art 2 s 41.' 1991 c 65 s 1,2; 1992 c 380 s 7: 1992 c 522 s 42.43. 1993 c 224 art 9 s 43 ---.1- ~XCEPTIO~S; APPLICATION. - ~./ The exceptions provided in section 471,88 shall apply notwithstanding the provi- sions of any other statute or city charter, \ ~~ __ History: /967 C 18 s 1 . ~ 471.89 CONTRACT, WHEN VOID. SubdIvision 1. Procedure followed, A contract made pu:suant to section 471.88, subdiviSIon 5, 1$ yoid unless the procedure prcscnoed by subdivisions 2 and 3 1$ fol- lowed. Subd. 2. Resolution b) governing bod}. Except in an emergency miling such proce- dure impractIcable, the governing body of the governmental unit shall authorize the contract in advance of Its performance by adopting a resolution setting out the essential f:lets and determining that the contract price is as low as Or lower than the price at whIch the commodlty or services could be obtained elsewhere. In C3se ofao emtrgency when t~e contr2.Ct cannOl be authorized in advance, payment of the claims shall be autho- m:ed by a like resolution In which the facts of the emergency are ~$O stated. Subd, 3. Claims, affida\its filed. Before such a claim is paid, the interested officer shall file with the clerk of the governmg bodj an affidavlt stating, (a) The namc of tne officer and the office held by the officer. (b) An IteOlIZal.lOn of the commodJty or services furnIshed. (c) The contnct pncc, (d) The reasonable v:alue, (e) The mtercst of the officer In the wntract; and (f) That to the bcst of the officer's knowledge and belief the eontrac. pncc: tS as lov-.. 2S, or lower than, the pncc at whIch the commodtty or sc:rvlces could be obtamed from otner sources . , : , I~ .~ ~f '~ t ~ I, --"\ ) ---- HistotJ: 195Jl ]7Yf3, 1965 c 45s64.66; 1967c J25s 1.2. 19i8c65Js2.3. 1986 c 444 . P. 04/0r I 1225 471.895 CER Subdlvisi( tlOn, (b) ~Glft~ (c) Ulnter. tion that has 2 to make, (d) ~Loca an agency, aut Subd, 2. I to glve a gift te pcrson, Subd, 3. I (I) a cont (2) servict not limited to r nection with Je (3) servic{ (4) a plaq. clalty Or to a c (5) a trink (6) inform (7) food 0: ent's place of v speech or answ (b) The pr (1) becaus, bers are not loe group; or (2) by an i the gill IS gi. t:r: Histor)': 1 ~ 471.90 STATl Subdivisiol eming body an thereon and eqt may, for a nomi in the reOlJ est at Subd, 2, C' lIS governmg be Subd, 3. $1 assume and sha1 Clt) in the join t I non of said has History: 19 471.91 AIR TI The govem the first class is engaged In C:lrT) hshment of an a conditions as m t'lOU-0';'-1'396 16: 30 LEAGUE OF M~j C I TIES P:05/00' , , 1225 ML-j\<lCIPAl RlCHTS, POWER$, Dl.'TIES 4i1.91 471.895 CERTA1N GIFTS BY J"TER8:>jED PER.SO~S PROHIBITED. SubdIVISIon J Definition~. (a) The defimtlons in thIs subdlVISiob apply to thIS sec- tton (b) "GIft~ h'lS the meaning gIven l1ln sectIOn IOA.071, subdivision 1. (c) ~lntereSled person~ means a person or a representatlve of a person or associa- tlon that has a dIrect financial interest m a decision that a local official is authorized to make, (d) "Local officialM mcan~ an elected Or appomled offit12.l of a county or city or of an agency, authorit~, or Instn;mentahty of a county or cIty. Subd. 2 Prohibition, An lnterested person may not give a gtft or request another to pve a gIft to ;l local official A local offiCIal may not accept a girt from an interested person. Subd. 3. E:\ceptions, (a) The prohibitJons in this section do Dot apply If the gIft IS: (1) a eontn~ution as de5ned in section 211A.OI, subdivision 5, (2) Sef\'leeS to aSSIst an official in the performance of official duties., includIng but not lImned to providing adVIce, consultatIon, information. and commuOlcatIon In con- neClJon wIth legislation, and services to constituents; (3) services of msigmiicant monetary value; (4) a plague: or similar memento recognizing lDdlVldual servIceS in a field of spe- Clait) or to a charitable cause; (5) a trinket or memento of InSIgnificant value; (6) informational matenal of unell.ceptlonal value; or (i) food or a beverage given at a receptIon, meal, or meetlng away from the recipi- ent's place of work by an organization before .....hom the recipient appears to make a speech or answer questions as part of a program, (b) The prohibitions In thIS seCtion do not apply If the gift is given: (I) because of the recipient's membership in a group, a majority of whose mem- bers are not local offiCIals, and an eqUIvalent gift IS given to the other members of tbe group; or (2) by an interested per~on .....ho IS a member of the family of the recipient, unless the gIft is given on behalf of someone who is not a member oftnat family, HistoI'}': 1994 c 377 s 6 471.90 STATIJTORY CmES, HOSPITAL; TRAi.'lSFER TO COU!\'TY. Subdivision 1. Authori7..ation, When duly authorized by unanimous vote of ItS go\'- eming body any statutory cIty owmng real estate and a hospital building SItuated thereon and equipment jointly with the county in which said Statutory city is located, may, for a nominal consideration Or without consideration, transfer its title and interest In the real estate, hospital bUIldmg, and equipment to said county. Subd, 2. County ma) accept. SaId county, when authorized by a majority vote of ItS gO\ erning body, ma)- accept such grant and conveyance, Subd, 3, StatutOI') cic)' oblIgations not assumed by count). Such county does not assume and sh.all not be hable for any part of the oblIgatlons Incurred by saId statutory elt)' In the joint enterpnse of the statutory cIty and county In the construction or opera. tlOn of said hospital. HistoI'): 1951 c 497 s 1-3. 19i3 c /23 arl 5 s i di1.91 AIR TRAYEL ACCOL'NTS, The governing body of any city orthe first class or an~ county containing a cny of the first class IS authonzed 10 enter into a contract WIth an:- atrlIne company regularly engaged m carrymg passengers On ~chedule filghts to mters~te commerce for the estab. IIshment of an air travel aCCOunl for any ~uch elly or county, subject to such terms and condltlons as may be necc~~ary :lod proper to faCllnate aIr travel by the oScers and , .' " - ~I~". 4,,' .. , .. ... \ I, -..,'I,~ .. ~ 1,..."':- # _._... .:. ~.:-.~..~ .. "::"'p"'l.:..._.a~ ; - : - -- . . I \ t 4-' - ..... .. I. f t ...,. : . ..:;-....... - -_<I.. 9-~c".:';,>.':,:.:"~';~..-' "-','\~'f'<'---' ,_ ':, ~;'_ ,~'~2i:~;):.~'.~','.,," ,j'7"""'<:'~:':!'" ., f ,.~..:." ~ .~/:-:-;~-!' -..~J~~ ._<.. \\..>.. ,.:(~ ..~~. ;0\'~.<<n!r:;~-~ '~~~J:i:rrl :l..:n~.:.? 2'7\~ !;.:f(f-..: -~ :-" - ," -.. .. " ; ....... -.- .. .. .. .. ',0 _ . - ~;;-\.~i:;_~~c..; \;.' "\ , . Conflict of '!lte~e's(Hig,iliihts~' - '~. " '1' . _J. f....J..r-~ -1.:-!:'-1",,,,r- ...~ ".........J.\ '-t,'" , _.." ~."... t' '...:. ,,' ..r:.t.....' '.4 ,j..) ...--\t 'T:' "'-~ '0,,:-.--...1 -.,.... ... .. .".. ...", ,.., ".. ._ .. r , :~ r.. r ~: -.:- j--.J'~"":~.. ~)~ '0" ......--t 1 "..J::~-'..\J r~~~ll~ At:":',- ~ ,'::1'- . [ , 1. What is a conflict of interest? .f:';c':':',,-. f.'!...:~ ;'~: G.: y' r ~ ~ , , A conflict of interest occurs when an indi'{idual has a personal interest in a decision that he or she has the power to make. A prohibited personal interes't may be contnictUal"or'non~coritractual. It includes . d~cis.ions in v.:hich pe~s~na.1, iI.1v~!~~!ll~!1~! gain, or fmancial benefit exist for the decision-maker. The following elements must be considered: I~" ,.,~ I;.; .I t.: .. "I ......- '1'. J..... . - . l~ ,1, -r ;1/' "}=:"',I .... . '.' ~ CoiitractS, fubiic'c;fficers may NOT have a personal financial _ ..... _ ,~... .............1 ~ J........ - ~ . ./ -I interest in any sale, lease, or contract that they are authorized to . ,-",_' .:. ,,! : ,-;;, - " make in their official capacities: Counciln?embers of home rule I' '~';...:,,! .'~->'i . ',' charter cities'should c6A~~lt their:city ~harters for additional ) ~ ,_ .... ~ ':}.... ro-._ ~ limitations ,,', ~', --, " : '<;'~'J 'j! "':;:'~'.r. \:t '.... ' , . . ~ ' . _ . ", -. .' ",: ~:': ~ '.~:,,:-'<:"f~:: :,"~;' ~ "''''J,,'' ,"" . ,~ ., ~:>' ::.:~.~.., . .'.' .' Incorri~atibili~-of office.'l~public"offi~rniay N.o~ hold ~o,~", ':. ," " positions' if the p'ositions'. funCtic)ns'are inconsistent wlth'one " '.~' another. - , .", "::':::~-:'.:'.'.;,,:.::.',..::-':.. ::.-' . ,',;;,. . ".1; ~:r<i~i ~~I _.:.. : . ..~.}-~.::a:.~": a.~:S't~....~.."'!...;I 4'1:; ;.G....~~-~~ [t.'~-.. .... ..._ , , . ~".' S~If-inter~'t' in no~:tontr~ct iriatters:: So~etime~, elecfe_d . ' '. ~', . .1 :...:, i;'.1 ,::~::':i '_'}" '::.'.: .:~f.f}~i.a}~"~lI}?r.~~~~~~~ ~~~~ ~..t~~~~j~.~:~.~..-?:~-~on~~~t .~~~ision ., . , '; , : ;.r',', . " .'. , .:. ' . that the councIl wIll make. ThIS type of mterest IS sometlmes of ::..,;;' -:.. " .",..r ~ _ .' . , ',._....~.........,.\,-.... ..-....._, ,-y.......-..t. .....~ ~ r ~P'-ll-''''''ll.'''l" ~. .. ...""'''-\'........"J-!,-l.... - -Arlo ,~... ~ ," ..... (~,'...~,..j~_.. '" ~> .............1'...1t:..i.~J.............)-....fi".~.:.:.1 ~.....1 ..:n......b.........J't......al-t"""..,.ThJ,:-..."'Io.... ."')--4,, - '-~". ...:Jo, . ~c....... .... , ", :".::_ ." , "._-....:_,., -' .a mancldlnature, utnot ways. esenon-contractmatters {_:.;.,.,..::i'::-.' . r..".,..'.-!... ~-;' .,,_::~ t -. - -.' , ~",..:...... - .-......::="-':}....~ 1..7..~.~ttt:~,....~=-.1..Zi7{.......~. ':.h""'J'._ -'..,f - -~ -::-!.~.-~ ......"',.. _ _ ~_~.. _ t ~ __ _ _..: . . ~ , : . may Include such thIngs as councIl decISIOns on zonmg, local ~: : >.. ~ . - ~..' ~. -. ... ~ _..... " 1 ._~_ . _..",~i .. _ .. !-_~......---,-~...,r': .... ~.'._~.1 ~.. :I..," ...."~~'h.;.. - '....Jot_ -.. _..... .'" ,- - ....~,J" , ':_",';,;'~ ~", "=. :'.'.'::'<... improvements.'andtheissuanceofliceIises:Although-n6t-.=T:=:;~;'"~~:-';" -".. . .. ; .. ~ -... ....... _ _.. . ..' .;":-_~"l : _."....'J. ...._";... "'4"," :':_.......""t:!':..~":o-;-. .);:.."'1..... - . ...; ...r...~~.-.. --:' -;-:.~.- . ~ : ,-," :l,;,::;;_~;_.-"J:; :,'"'J-.;"ge.J)era)1y prop.iJ:>i~~",.,?I.} inte:ze~t,~ ~9-pnE!4riember ?hould~.:"": "y:.:'::.-:", ,,' , ~ .' . . ,'" . abstain from particip~tirig iri .the' co'uncil disCussion'and from ':-'f~~i: ".' votingonthe,s~i~su~~~,:,~~~:(~.':"-,: "-:-:,'..0:.;. "...' ~,<.:".,.,,':-'.:~, .' ;-: ,..+.,.. '...~', ;;', ,..' c.': 1 ~;: !.;',,;,.,::~I::~f;: '~~'~,;~U~'j;;;-: ;'~;., :..~,'.::',': :,';; , . ,',' ,- . , -) . '. ," . " . - ~.. ... , , . - .; '. - ~~: , ... ~ .- ' ... . ~, ~ , , . 2. Who is subj~ct to the conflict of interest law for, contracts? ~~ l. .. ( .. . -. ~" .' All public officers who have the a~thority to t~e part in making any sale, lease, or contract in their official capacity are subject to the conflict .., _ .. "l9 \.. .. ~ ".. t: ...... -" " t, ... . of interest law. A "p'ublic officer" ce'rtainly includes councilmembers. In ., s~IJ1e circumstances, it may als~ i!1clude ,I?on-elec,te~ officers and employees who are able to influence the, decision or to make recommendations, ~ . -. ',.t..11 {:, I" 1 .~ - " \ . ./ 3. What are some common exceptions to conflicts of interest in contracts? The statute generally prohIbits conflIcts of mterest. However, there are several exceptions to the law. The following exceptiOns are permItted under certain circumstances: + Designation of a bank or savings associatIOn, + Designation of an official newspaper; . A contract that is not reqUired to be competItIvely bId; + A contract with a volunteer fire department for payment of wages or retIrement benefits to its members; + A contract for constructiOn materials or services, if the contract is let by a sealed bid process and the city has a population of 1,000 or less; . A contract to rent space in a public facility to a public officer at a rate similar to that paid by other renters; . An application for a grant offered by a county or multi-county housing and redevelopment authority (HRA). There are several other less common exceptions. See the research memo Official ConflIct of Interest (LMC 140a.3) for a more complete discussion. flJJ 4. Is there any special procedure to use if a contract is permitted under one of the exceptions? If a contract with an official is permitted under one of the exceptions in the law, the council must do the following: + The council must approve the contract by unanImous vote, and, + The interested officer should abstain from voting on the matter. There are additional requirements for some of the exceptions, See the research memo Official Conflict of Interest (LMC 140a.3) for a more complete dISCUSSIon ii '- '. , . . . , . . . , . iJ. ? . 5. Who is subject to the law regarding incompatibility of offices? All persons in elected offices must be aware of this law. In additIOn, many city employees and appointed officials may have to consider this law If taking a position that may conflIct with their other city responsIbilities, 6. \Vhen are offices incompatible? Generally, positions are incompatible when one or more of the followll1g conditions exist: . If one positIOn. hires or appoints the other; performs functions that are inconsistent with the other; makes contracts with the other; or, approves the official bond of the other. . If a specific statute or charter provision' -- states that one person may not hold two or more specific positions, requires that the officer may not take another pOSItIon; or, -- requires that the officer devote full time to the pOSitiOn. . If one of the positions: -- is In the federal service (except for postal employees), -- exists because of a contract made by the group or board of which the officer is a member; -- is in a governmental unit that has interests and purposes conflicting with those of the group to which the other belongs, -- has duties that conflict with those of the other. 7. What are common problems in applying the laws? Most questions seem to come from situatiOns involVing a non-contro.ct mterest of a councllmember These are some of the more common situations + Self-appointment. City offiCials may i\OT appomt themscl\ es to a position III + ,Contracts with relatives of a councilmember. Generally, a contract with a councilmember's relative is not prohibited unless the councilmember has a financIal interest in the relative's business or the relative's income. + Zoning of a councilmemher's land, Generally, a city council IS not prohIbited from rezoning property owned by a councllmember. However, the councilmember must not partIcipate in the councll deliberation and voting. . ,Local improvements, A council member is probably not prohibited from petitioning for an improvement that will benefit hiS or her property, However, the councllmember should abstain from votmg on the matter. + Issuing licenses to councilmemhers. Although the law is unclear, a councilmember applying for a license should not take part in the council's decision on the license application. 8. What happens if the city doesn't follow the conflict of interest laws? @ + Contracts, Any contract that has been made illegally is void, In addition, every public officer who violates the conflIct of interest law can be found guilty of a gross misdemeanor, be fined up to $3,000, and imprisoned for up to one year. + Incompatible offices. If a public officer accepts a position that is Incompatible with his or her office, the first office is automatically vacated. + Non-contract situations. Although the outcomes of these types of SItuations are less clear, a council deciSIon could be reversed, There is also the potential of personal liability for the officials who are involved. See the research memo Officzal Conflict of Interest (LMC 140a.3) for a more complete dIScussion. 9. Where can cities get further information? ~ -=0.-- The League of Mmnesota Cities has several publications that diSCUSS Issues related to conOlcts of mterest m more detail Call the League's Research Department for further mfomlation, (612) 28 I -1200 or (800) 925-1122, h -. , . . . l-gu..f M_aI.o C,- eo.. ~-:r....,. ~ "1 -~ u~ )-/ ~-1 r~~~~4 a research memo for city officials 140a.3 August 1996 Official Conflict of Interest Theresia Perry, Research Specialist League of Nlinnesota Cities Leadue of Minnesota Cities b I I I I I " . ,.' I ' J' . I \ ~. '. . I" I' I I " I I l ~ I I I I I I . . t , . ' ..' '. 10( lOI : l, . :. , ' , ( . @ 1996 league of l'-1innesota Cities All rights reserved Printed in the United States of America . ~"" of }.{","",014 GI,., Cil," promohng a=lLm"" I League of Minnesota Cities 145 University Avenue West 8t, Paul, MN 55103-2044 (612) 281-1200 (800) 925-1122 Fa'( (612) 281-1299 . Table of Contents . Conflict of Interest Highlights I. Introduction 1 II. Prohibited gifts, economic disclosure and political activities 1 A. Prohibited gifts 1 B. Conflict of interest and economic disclosure in metropolitan cities with populations over 50,000 3 C. Statements of economic interest for trustees of public pension plans 5 D. Lobbyist regulations 6 E. Leave during political candidacy 6 III. Conflict of interest in contracts 7 A. All cities 7 B. Statutory cities 13 C. Home rule charter cities 14 D. Specific kinds of contracts 14 E. Contracts made in violation of the statutes 18 . IV. Conflict of interest in non-contract situations 20 A. In general 20 B. Disqualifying interest factors 21 C. Specific situations 21 D. Effect of disqualifying interest on action 28 E. Conflict of interest checklist 28 V. Incompatibility of offices 28 A, In general 28 B. Elements of incompatible officcs 29 C. Violation of the incompatibility bw 30 D. Offices that hUH been found incompatible 30 VI. lYlodel forms 32 Form 1 - Model resolution to contract" ith a councilmcmbcr 32 Form 2 - Model resolution ratifying contract in emergency 33 Form 3 - Model affidavit of official intcrest in chim 3~ . . . l\Iinn Stat ~ 471 895 Ot iil IJl COnnJll of JnI<:n:~l Ie I. Introduction S tate law sets many standards for public officers. Some of the most important and most often misunderstood are the laws addressing conflIcts of interest and ethical behavior. There are several different laws public officials should be aware of. Generally, these laws do the following: + Prohibit giving gifts to public officials; + Require disclosure of conflicts of interest and economic reporting; + Require certain reportmg by lobbyists; + Prohibit conflicts of interest; + Prohibit officials from holding incompatible offices, As broad as these laws are, situations can arise that may not be clearly covered by them. While this document discusses the general principles behind these various laws, it is important to remember that the appearance of impropriety or of conflict of interest can also be damaging to a councilmember's image and to the city's reputation, even if the act IS not specifically prohibited by law, . II. Prohibited gifts, economic disclosure and political activities A. Prohibited gifts 1. All Minnesota cities, in general Elected and appointed city officials may not receive a gift from any "interested person." An "interested person" is a person, or representative of a person or an association, who has a direct financial interest in a decision that a local offiCial is authorized to make, This law applies to all cities in Minnesota. The law clearly applies to councilmembers. However, since there is no definition of the tenn "appointed official," it is not known if the ldw covers all city employees, or just certain hIgh level employees such as city managers or administrators, Untd further c1anficatiOn of the law, the safest course of action is to assume that the law applies to all employees, no matter what their duties are, Mmn. Stat, ~ 471.895, subd. 3 Mmn Sut. ~ 471.895, Mmn. Stat. ~ lOA 071 2 2. Exceptions for all Minnesota cities The following types of gifts are permitted under exceptions to the law: . + .Lawful campaign contributions~ + Services to assist an official in the performance of official duties; These types of services include such things as providing advice, consultation, information, and communication in connection with legIslation and services to constituents; + Services of insignificant monetarv value: + A plaque or similar item; These items are permitted if given to recognize indIVIdual servIces in a field of specialty or a charitable cause; + A trinket or item of insignificant monetary va]u~; + Informational material of unexceptional value; . Food or beverage given at a reception. meal. or meeting bv an onmnization before whom the recipient makes a so~ch or - - answers questions as Dart of a prol.!ram: This exception is only available if the location of the reception, meal, or meeting is away from the recipient's place of work; + Gifts given b~ause of the recipient's membershio in a group; However, the majority of the members of the group must not be local officials, In addition, the gift is only acceptable if an equivalent gift is given to the other members of the group; . Gifts between familv members; However, the gift may not be given on the behalf of someone who is not a member of the family, 3. Metropolitan cities with populations over 50,000 MetropolItan cities with a population of over 50,000 are also subject to an addltlOnallaw. Local OffiCIalS in these citIes are prohibited from receIving gIfts from "lobbyists," A "lobbyist" IS defined as: . + Someone engaged in lobbying in the private or public sector, or, + A city employee or non-elected city official who spends more than 50 hours In any month attempting to Influence governmental actIon League of ~Itnnesola CllleS .' .. A "local official" is an elected or appointed city official or a city employee with authority to make major decisions on the expenditure or investment of public funds. A "local official" is also someone who has the final power to recommend such a decision. B. Conflict of interest and economic disclosure in metropolitan area cities with populations over 50,000 1. Conflict of interest disclosure l\lmn. Slat S 10..\.07 Elected and appoll1ted offiCIals of metropolitan cIties wIth populations over 50,000 must disclose certain information if they will be involved in a decision that will affect theIr financial interests. The law affects elected or appointed city officials, or city employees with authority to make major decisions regarding public funds. It also affects people who have final power to recommend such decisions, The law applIes if the official or employee must make a deciSIOn or take an action that substantially affects his or her financial interests or those of a business with which he or she is associated. However, there is an exception if the effect is no greater for the interested business than for others in that business, occupation, or position. . The interested official or employee must do the following: . Prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict of interest; + Deliver a copy of the notice to his or her superiors; 1. If the official is an employee, he or she must deliver a copy of the statement to his or her immediate superior; 11. If the official is directly responsible only to the city council, it should be given to the city council; 111. If the city official is appointed, written notice should go to the chair of the unit. If the potential conflIct involves the chair, the written notice should go to the appointing authority (in most cases, the city council); IV, If the offiCial is an elected official, the written statement should go to the presiding officer (the mayor, in most instances); v. If the potential conflict involves the mayor, the written notice should go to the acting, presldmg officer. . OtticlJl Conflict of Intcrc~t 3 Minn.R. 45150500 Minn. Slat. ~ 10A.Ol, subd, 29; Mlnn, Stat. ~ 10A,09, subds. 6a, 1 Minn. Slat. ~ 10A.09, subd. 5 Mmn Stat, ~ 10A.09, subd. 6; . Mmn,R. 4505,0900, subpt. 4 Mmn, Stat. * 383B 053; 4 + If a potential conflict of interest arises and there isn't time to comply with the above requirements, the city official must orally inform his or her superior, or the city council; + The employee's superior must assign the matter to another employee who does not have a potential conflict of interest, + If there is no immedIate superior, the city official must abstain from influence over the action or decision, if possible, in a manner prescribed by the Ethical Practices Board, + If the city offiCial is not pennitted to abstam or cannot abstam, he or she must file a statement describing the potential conflict and the action taken. The city official must file this statement with the city council within a week of the action. . 2. Statements of economic interest 3. Information required City officials in cities within the seven county metro area with populations over 50,000 (as determined by the most recent federal census, a special U,S, census, an estimate by the Mef Council, or the state demographer), must file a statement of economic interest. The statement must be filed with the local official's governing body and the Ethical Practices Board and must report the following information: + TheIr name, address, occupation, and principal place of business; + The name of each associated business (and the nature of that association); . + Option-based, direct, or indirect interests in all real property within the st~te (except homestead property); and, + Interests in horse race track property, or race horses in or out of the state. City officials can get a fonn for the disclosure of economic interests from the Ethical Practices Board, Officials must then file annual supplementary statements by April 15 of each year ,and a final statement upon leaving office. There are similar addItiOnal requirements for elected offiCials of citIes in Hennepin County with populatIOns greater than 75,000, lxague of Mmnc\ot.l CIties . . I\1mn. Stat. !l lOA,09, subd. 2 . Minn, Stat. ~ 356A 06, suhd, 4 . OtfiCl.t1 ConflIct of Interest b. Time for filing An individual must file a statement of economic interest with the Ethical Practices Board by the following dates: + Within 60 days of accepting employment as a local official; or, + Within 14 days after filing an affidavit of candidacy or petition to appear on the ballot for an elective office. c. Notification Upon receiving an affidavit of candidacy or a petition to appear on the ballot from someone who is required to file a statement of economic interest, the county auditor must notify the Ethical Practices Board. Likewise, an official who nominates or employs a city official must also notify the Ethical Practices Board. The county auditor, or nominating/ employing official, must provide the Ethical Practices Board with the following information: + The name of the person required to file the statement of economic interest; and, + The date of the affidavit of candidacy, petition, or nomination. The city official must also file the statement with the city council. The city council must maintain these statements as public data For more information contact the Ethical Practices Board at (612) 296-1720. c. Statements of economic interest for trustees of public pension plans 1. Information required Each member of the governing board of a public pension plan must file a statement of economic interest with the plan. This includes the trustees of local relief association pension plans (both regular trustees and ex- officio members, such as the mayor and clerk.) The statement must include the following: + The person's principal occupation and place of business; + Whether or not the person has an interest of 10 percent or more in an investment security brokerage business, a real estate sales business, an insurance agency, a bank, a savings and loan, or another financial instItutiOn, and, 5 Mmn Stat. ~ lOA 04 Minn. Stat. ~ 10A.04, subd. 4(c) Minn. Stat. ~ 10A.OI, subd, 28; Minn Stat. ~ lOA 04, subd. 28 v.s c. ~~ 1502,3, Mmn Sut. ~ 211 B 09 6 . Any relationship or financial arrangement that could give rise to a conflict of interest. 2. Time for filing The statement must be filed annually with the plan's chief administrative officer. It must be available for public inspection during regular offIce hours at the pension plan's office. . D. Lobbyist regulations State law contains broad lobbyist reportIng reqUIrements, Lobbyists who attempt to influence the actions of metropolItan governmental units must report expendItures for these activities in additIon to state legislative and administrative lobbying activities, City employees and non-elected city officials who spend more than 50 hours in any month on lobbying activities must register and submit reports of lobbying expenses to the Ethical Practices Board by January 15, April 15, and July 15 of each year. These reports must include honoraria, gifts, and loans valued at $5 or more that lobbyists give to local officials, state lawmakers, or other public office holders. A lobbyist need only report the aggregate amount and nature of food or beverages given or made available to all members of the Legislature, or a house of the Legislature, or to all members of a local legislative body, along with the name of the legislative body and the date it was given or made available. Associations that spend more than $500 for lobbying, or $50,000 or more to influence public policy decisions at the metropolitan or state level, must also file spending reports. These reports must indicate the levels of total spending for both local and state lobbying activities, Any lobbyist who raises more than $5,000 for legislative and statewide candidates or legislative caucuses during an election year must file an additional report, This report must be filed 10 days before the primary or general election. . E. Leave during political candidacy The extent to which a city can control the polItical actIvities of its employees is unclear. Public employees are generally prohibIted from using their official authority or mfluence to take part in a political activity. A political subdiviSiOn may not impose or enforce additIOnal limitatIons on the political activitIes of employees. LeJguo: of Mmne,>otJ CItlC~ . . (. . Martin v, Itasal County,448 N.W.2d 368 (Minn. 1989) Also see Minn. Slat. ~ 43A.32; 5 U,S,C, ~~ 1501-2,5 U,S.c. ~ 7324 Minn. Slats, ~!1 10A.20, subd, 11; 2118.09-,10; 18 U.S.C, ~~ 600-601; 5 U.S.C. ~ 15n3 Mmn. Stat, ~ 471.87 A.G. Op. 90-E-S, Nov 13, 1969; A,G Op.90c-6, June 15, 1988 OffiCl..d Confltet of lntere~l However, a recent court decision found that a local government could adopt a policy to require employees to take an unpaid leave during a political candidacy. The Minnesota Supreme court held that a county employee who was a candidate for a county office had no process right to a hearing before being placed on unpaid leave. The reasoning behind this decision was that the Court found that a local government has an interest in prohibiting government employees from certain political activity. As a result, a legislative body could prohibit a government employee from becoming a candidate for elective office to prevent potential conflict in the workplace between the employee and the supervisor-incumbent during the campaign, and also to prevent any coercion of fellow employees and subordinates to assist in the political campaign. For these reasons, the Court stated that a local government can suspend, or even discharge, a government employee who seeks elective office. It is important to note that the Court did not discuss whether such a policy must also be applied to the incumbent who was running for re- election. The Court also did not consider several statutes that appear to limit the restrictions employers may impose on their employees' political activities. Cities should exercise caution when adopting a policy to regulate the political activities of employees. III. Conflict of interest in contracts A. AIl cities 1. In general Generally, public officials may not have a personal financial interest in a sale, lease, or contract that they are authorized to make in their official capacity. A "public officer" certainly includes a mayor, a council- member, or an elected official. In some circumstances, the designation may also include non-elected officers and employees who are able to influence the decision or make recommendations. The attorney general saId that the conflict of interest law applies to any councI1member "who is authorized to take part in any manner" in the making of the contract. Simply abstaining from voting on the contract will not allow the contract to be made. In other words, if the Legislature had only wanted to prohibit a contract with an mterested officer who votes on the contract, it would not have used the word "authorized," 7 A.G, Op. 9Oe-6, June 15, 1988 A.G, Op 470, June 9, 1967 Minn. Stat. ~ 471.881 Mmn, Stat. ~ 471.88, subd. 1; In re 1989 Street Improvement v. Den1TlQrk TownshIp, 483 N.W.2d 508, 509 (Minn. App. 1992) 8 A lIteral reading of the statute suggests that it would not apply to city officers who are unable to make a contract on behalf of the city. However, in a recent opinion, the attorney general has given the statute a broader interpretation. According to this opinion, the word "making" is to be given broad meaning. This definition could mean that the statute affects more officials than just those who actually make the decision to enter into the contract. Taking a conservative approach regarding contracts with any city official may be a WIse choice in light of thIS OpInIOn. The clerk in a standard plan statutory city, or in a home rule charter city having a similar plan of government, is a member of the council but occupies a peculiar position. He or she is subject to the conflict of interest statutes and may not be interested in a contract with the council. However, the council is allowed to impose duties on the clerk in addItion to those assigned by statute, and the council may fix the clerk's compensation for those duties, . 2. Exceptions and the procedures to use them There are several important exceptions to the conflIct of interest law on contracts. These exceptions apply to all cities, despite any other statutes or charter provisions. Generally, an exception may only be used when approved by unanimous vote of the council. In the past, it has been unclear whether this meant that an interested officer should vote or abstain. While some of the recently added exceptions require that an interested officer MUST abstain from voting on or participating in the matter, the Legislature did not clarify the unanimous vote requirement in the other exceptions when the new provisions were added, This suggests that an interested member would not be required to abstain, except in a circumstance where the statute specifically required it. However, a recent court decision suggests that an interested officer SHOULD abstain from voting, even when not expressly required to abstain under the law, . LeJgue of Mmne~ola CIlle~ . . . In re 1989 Street Improvement v Denmark Township, 483 N.W,2d 508, 509 (Mmn. App, 1992) See sectIOn entitled Conflict ofmterest checJ../isL Mmn, Stat. ~ 471.88, subd, 2 See Mmn, Stat. Ch, 118 . Official Contllct of Interest The case dealt with a local improvement that was to be paid for wit.~ special assessments. Two members of the town board owned properties that would be specially assessed. The two interested board members abstained from voting on whether the improvement should occur. The remaining three board members approved of the project. The township was challenged because the project had not received the required four- fifths majority vote of the board, However, the court said that the two interested board members were correct not to have voted on the project since their interests disqualified them from voting. As a result, the remaining three board members' votes were sufficient to unanimously approve the project. An interested officer should disclose his or her interest at the earliest stage and abstain from voting on or deliberating any contract in which he or she has an interest. The remainder of the council must unanimously approve the contract in order to make the contract. If even one member of the council votes against the contract, it cannot be made, In addition to the above requirements, there are also additional requirements for some of the exceptions, The following exceptions are allowed if the proper procedure is followed: + The desi~nation of a bank or savings association as an authorized denositorv for nubHc funds and as a source of borrowin~ No restriction applies to the designation of a depository or the deposit of public funds in the depository as long as the funds are protected in accordance with state law, Procedure. The following must occur to use this exception: 1. The council must approve of the designation by unanimous vote, 11. The official who has an interest in the bank or savings association must disclose this fact, and it must be entered in the council meeting minutes, The official must make this disclosure when the bank or savings association is first designated, or when the official is first elected (if that occurs later.) The disclosure serves as notice of the interest and is only necessary once, lll. The interested officer should abstaIn from voting on the matter 9 Minn. Slat. ~ 471.88, subd. 3; Mmn. Slat. ~ 331A,04 Mmn. Slat. ~ 471.88, subd, 4 Minn. Slat. ~ 471.88, subd. 5 Minn. Slat, ~ 471.345 A.G. Op. 90a-l, Apr. 22, 1971 S~ discussion under Incompat- Ibility of offICes and Employment of elected ojJicuzl by czty 5el:tions. 10 + The designation of an official news!>a!>er or the !lublication of official matters in the news!>a!ler, This applies only when the interested official's newspaper is the ONLY publication qualified to be the official newspaper. If the official's newspaper is the only qualified newspaper published in the city, it must be designated as the city's official newspaper. . Procedure. The following must occur to use this exception: i. The councIl must approve of the designation by unanimous vote. 11. The interested officer should abstain from voting on the matter. + A contract with a coo!>erative association of which the official is a shareholder or stockholder. but not an officer or mana2'er. Procedure, The following must occur to use this exception: i. The council must approve of the contract by unanimous vote. 11, The interested officer should abstain from voting on the matter. + A contract for which comoetitive bids are not reouired bv law. - -- Generally, a city must use competitive bidding if the amount of a contract is more than $25,000. A city may not avoid the bidding requirements by splitting a single contract into several contracts, It remains unclear as to whether the Legislature meant this exception to apply only to contracts less than $25,000, or if larger contracts which are not required to be competitively bid (such as professional service or employment) are also included. A city may want to seek a legal opinion if it is unsure whether or not thIS exception applies to a particular situation, Since a contract to buy or sell real property is not required to be competitively bid, this exception would seem to allow a city to purchase land from one of its councilmembers. However, the city may want to have an independent appraiser determine the market value of the land before the price is set. Of course, the council could also choose to use eminent domain proceedings if there is a concern over the public's perceptIon of the sale. Under eminent domain, the value of the property is estabhshed by commissIOners appointed by a court. . LeJgue of Mmnesol..t CIties . .. I\linn. Stat. ~~ 471.88, subd. 5 and 471.89 See Forms 1 and 2 for sample resolutions. See Form 3 for sample affidmlt. Mmn. Stat. lj471.89, subd. 2 See Forms 2 and 3 . Mmn. Stal. ~ 471.88, subd, 6 A.G. Op. 358-e-4, Jan. 19, 1965; A.G. Op 358-e-9, Apr. 5, 1971; A.G. Op. 90'e, Apr. 17, 1978 Abo see discu~ion m section entitled Incompalabtllty of offlces . OttlCI..!1 Conflict of Intcrc~t Procedure, The following must occur to use this exception: ~ 7' . The council must approve the contract by unanimous vote. 11. The interested officer should abstain from voting on the _____ matter. 111. The council must pass a resolution setting out the essential facts, such as the nature of the interested officer's interest, and the item or service to be provided, and stating that the contract price is as low or lower than elsewhere. IV. Before a claim is paid, the interested officer must file an affidavit with the clerk that contains the following' · The name and office of the interested offIcer; . An itemization of the commodIty or services furnished, · The contract price; · The reasonable value; . The interest of the officer in the contract; and, . That to the best of the officer's knowledge and belIef the contract price is as low or lower than the price that could be obtained from other sources. v, In the case of an emergency when the contract cannot be authorized in advance, payment of the claims must be authorized by a resolution (see above) in which the facts of the emergency are also stated, + A, contract with a volunteer fire department for the payment of compensation to its members. or for the vavment of retirement b~D.efits to il~ members. There is still some question as to whether this exception applIes to both municipal and independently operated fire departments, A literal reading of the statute suggests that this exception applies only to an actual contract. Since cities do not usually contract with a municipal fire department, there IS a possibility that this exception may only apply to contracts with an independent fire department. However, the attorney general has issued mixed opinions, some of which imply that the exception can apply to both kinds of fire departments, A councilmember should also consider whether serving the CIty 111 two functions would result in incompatible offices. Procedure. The following must occur to use this exception' 1. The council must approve the contract by unanimous vote 11. The interested officer should abstain from voting on the matter. II Minn, Stat. ~ + A contract with a municipal band for the pavment of 471.88, subd. 7 compensation to its members, . Procedure. The following must occur to use thIS exceptIOn: 1. The council must approve of the contract by unanimous vote. 11. The interested officer should abstain from voting on the matter. Minn. Stat. ~ + Contracts between an import/export firm and an economic 471.88, subds. 9,10 development authority (EDA), Dort authority, or seawav port authoritv when a commissioner is employed bv the firm. Procedure, The following must occur to use this exception. 1. The authority must approve the contract by unanimous vote. 11. The interested officer MUST absta1l1 from voting on the matter. Mmn. Stat. ~ + Bank loans or trust services between a bank and a public 471.88, subd. 11 housing authority, port authority, or EDA when the bank emnlovs one of the commissioners. Procedure. The following must occur to use this exception: l. The authority must approve the contract by unammous vote, 11. The commissioner must disclose the nature of those loans or trust services of which he or she has personal knowledge, 111. The disclosure must be entered into the meeting minutes. . IV. The interested officer should abstain from vot1l1g on the matter. Minn. Stat. ~ + A contract for construction materials or services, or both, by 471.88, subd. 12 sealed bid process if the unit has a population of 1.000 or less and the sealed bid process is used. Procedure, The following must occur to use thIS exception: 1. The council must approve the contract by unanimous vote. 11. The interested officer may NOT vote on the question of the contract when it comes before the governing body for consideratIOn. l\Iinn Stat. ~ . A contract to rent space in a public facility at a rate equal to that 47188, suhd. 13 paid bv other members of the public. - ' - Procedure. The following must occur to use thIS exception i The councd must approve of the contract by unanImous vote. II. The interested offIcer MUST abstaIn from votIng on the mattel. 12 Leaguc of MmncsotJ CIlICS . .. . . Minn. Stat, ~ 471.88, subd, 14 !\linn, Std!. S 471.88, subd 15 Minn. Slat. 9 471 88, subd. 16 l\llnn Stdt.9 412.311 o ffILld I ConflICt of Interest . An a!>!>lication for a grant offered by a county or multi-county, hou5ing and red~Yelo!>ment authority (lIRA), Procedure. The following must occur to use this exception: i. The authority must approve of the application by unanimous vote, 11. The interested officer MUST abstain from voting on the matter. 111. The interested officer must disclose that he or she has applied for a grant. IV. The interest must be entered into the official minutes. . A council member who is emploved bv a utility that has a, franchise agreement with the city may continue to serve on th~ council. Procedure. The following must occur to use this exception: 1. The council must approve the contract by unanimous vote. 11. The interested officer MUST abstain from voting on any franchise matters. 111. The reason for the interested councilmember's abstention must be recorded in the meeting minutes, . A school board member mav be an employee of the school district if his or her earnings do !lot exceed $5,000. Procedure. The following must occur to use this exception: i. The schoolboard must approve of the employment by unanimous vote, 11, The interested officer MUST abstain from voting on the matter. B. Statutory cities Statutory cities must consider an additional law . The law provides that no member of a statutory city council may be directly or indirectly interested in any contract the council makes, except for the lImited exceptions dIscussed previously. This law may apply to some situations where the general law does not. For example, even though the actual contract is not made With a councilmember, the fact that he or she has an indIrect interest could prohibIt making the contract. 13 Minn. Slat. ~ 471.881 A.G. Op. 90a-2, Apr. 14, 1960; A.G. Op. 90E-5, Aug. 30, 1949 A G. Op. 90E-l, May 12,1976 Minn. Slat. ~ 471.88, subd. 5 See section entitled IncompatIbilIty of offICes A.G Op 90.\,1 May 16, 1952, A G. Op. 90b, Aug 8,1969 A G Op 90-E,5, 1'<ov IJ, 1969 14 c. Home-rule charter cities Many home rule charters contain provisions on conflict of interest in contracts, Some of these go beyond the statute to include any city official, even though the official has no part in making the contract. These charter provisions may apply to situations where the statute does not. However, the exceptions discussed previously apply to all citie,s, despite any other statute or city charter..(Because charter provisions vary ----- from city to city, they are not covered m this document.) . Some home rule charters contain provisions preventIng all officers and employees from being mterested m a contract with the city, Such a provision evidently applies to every city officer or employee whether or not he or she has a part in making contracts, D. Specific kinds of contracts The unlawful interest statutes apply to all kinds of contracts, formal or informal, for goods and services. The statute applies not only when the City is the buyer, but also when the city is the seller. 1. Prohibited interest The law would appear to prohibit a contract with a public official who has had the opportunity to influence the terms of the contract or the decision of the governing body. Even when a contract is allowed under one of the exceptions, such as for "a contract for which bids are not required by law" (which might include an employment contract), councilmembers should be cautious, Employing a councilmember as a city employee may stIll be prohibited under the "incompatibility of offices" doctrine. Holding stock in a corporation that enters into a contract with the City involves an unlawful interest. A councilmember who is a subcontractor has an unlawful interest. A member of a governing body has a finanCial interest in a contract wIth a court reportmg firm when the member receives a percentage of the money received by the firm for reportmg Jobs done under the agreement. On the other hand, the attorney general has said that if a councllmember is an employee of the contracting firm and hIS or her salary is not affected by the contract, the council may determine that no personal financlalll1terest eXIsts Thus, such a contract may be made and enforced In a home rule charter city With no charter proviSions prohibiting dIrect or indIrect mterest . UJguc of MlOnc~otJ C1tle~ . .. Stngewald v Mtnneapolis Gas Co, 274 Mmn. 556, 142 N.W.2d 739 (1966); A.G. Op, 903-1, Oct. 7,1976 A.G.Op 90a-l, Oct. 7, 1976 . A G. Op., Apr, 1, 1975 A G. Op 90E-I, May 12, 1976 . Ot t ICIJI Conflict of Intcrc~t The Supreme Court has held that employment by a company which the city contracts with may give a councilmember an indirect interest in the contract. However, a more recent attorney general opinion concluded that it is unclear whether mere employment always gives rise to a conflict of interest. The attorney general has said that factors other than employment may have to be consIdered to determine whether a prohibited interest is present. The attorney general concluded that a council may contract with a councIlmember's employer if the following criteria are met: . The councilmember has no ownership interest in the firm; . The councilmember is neIther an officer nor a dIrector, . The councilmember is compensated on a salary or hourly wage baSIS and receIves no commissions, bonus or other remuneration; and, . The councilmember is not involved in supervising the performance of the contract for the employer, and has no other interest in the contract. More difficult questions sometImes occur when a councilmember takes office after a city has entered into a contract. If no conflict of interest can develop between the councilmember's public duty and his or her private interest in the contract during the contract, the councilmember can probably serve. However, if a conflict of interest can develop, the interested member may be prohibited from serving on the council. The attorney general has issued mixed opinions concerning the legality of these types of situations. In an informal letter, the attorney general said that the director of a malting company could assume office as a councilmember even though the city had entered into a 20-year contract with the company to allow the company to use the city's sewage disposal plant. The contract also fixed rates for service subject to negotiation of new rates under certain circumstances. The attorney general said that the councilmember could continue to serve as long as no new negotiations were required. However, no new agreement could be entered as long as the interested councilmember held office. The law apparently prohibits making a contract with any public offiCial who has had the opportUl1lty to influence the terms of the contract. The attorney general held that a former councilmember could not be a subcontractor on a mUl1lclpal hospital contract If he was a councilmember when the prIme contract was awarded. IS A.G. Op. 90-a-l, Mar 30, 1961 See sectIOn entItled IncompatlblU/y of offices for further dISCussion. See section entItled ExceptIOns and procedures to use them.. contract for whIch competz.tzve bIds not reqUIred. Minn. Stat, ~ 471.88, subd, 5 Also see section entitled Incompat- IbIlity of offices for further discussion. 16 However, in a different opinion, the attorney general ruled that a councilmember was eligible for city office even though entitled to commissions on insurance premiums payable by the city, In this instance, the contract was entered before the person became a councilmember. The assumption of office by someone with a personal fmancial interest in an already existmg contract raises concerns about possible conflicts of interest during the performance of the contract. In doubtful cases of this kind, the person faced with a possible conflict of interest situation should seek a legal opinion before assuming city office. . 2. Employment of elected official by city The League is often asked if an elected city official can also be employed by the city, There are several issues that must be considered to determine whether this IS permissible. First, it must be determined if the two positions are incompatible. If the two positions are incompatible, the individual may NOT serve in both positlons. If the two positions are not incompatible, it must then be determined If there is an exception to the conflIct of interest laws that allows the employment contract to be made. Even if an employment situation does not result in a formal written contract, the employment arrangement is an informal agreement that would probably be seen as a contract. There is an exception to the conflict of interest law that allows a contract to be made with an interested official if the contract is not required to be competitIvely bid. This exception may permit a city to hire an elected official as an employee, since employment situations are not generally required to be competitIvely bid. However, it is unclear If the Legislature meant this exception to include employment contracts in excess of the $25,000 lImit for competitIve bidding. It IS also not clear whether thIS provision provides an exception to the common law incompatibility rules. A city may want to request an attorney general opinion if dealmg with situations lIke these. . League of ~llnne,>olJ C1lle~ . .. 3. Validity of contracts with relatives of city officials See discussion of The conflict of interest laws do not address family relationships as Non-contract situations in Part constituting possible conflicts. The courts of other states generally have IV of thiS memo held that family relationship alone has no disqualifying effect on the making of a contract. There must be proof that a councilmember has a financialmterest. Cases dealing with non-contract situations are similar. In none of the cases dealing with non-contract situations has the mere fact of family relationship, other than that of husband and wife, resulted m disqualifying interest. Mmn. Stat. ~ While it is easier to find that a councilmember has a personal financial 51902 interest in a contract with the councilmember's spouse, a marital relationshIp alone may not make the contract invalid. In other states, courts have held that a public body is not prohibIted from appointing the spouse of one of Its members as long as under the state law the spouse's earnings are his or her own property. A.G. Op., June 28, If the interest of the councilmember is direct or indirect, a contract with 1928, A. G. Op , July 14,1939; A.G. the councilmember's spouse may involve a violation of the law. The Op 90-C-5, July attorney general has construed the law broadly to hold such contracts 30, 1940 invalId. If the money earned under the contract is used to support the family, the councilmember derives some benefit. In this type of situation, . the attorney general has held that there is an indirect interest in the contract on the part of the councilmember, therefore, the contract is void. A.G, Op. 90-B, The law gives the husband or wife various interests in their spouse's Apr. 5, 1955 estate. The attorney general once held that these interests alone would prohibit contracting with the spouse of a city official. However, in more recent opinions, the attorney general has taken the position that each case turns on its individual facts. In short, the mere fact of the relationship does not affect the validity of the contract. l\lmn. Swt. s Under eXisting law, spouses are lIable for each other's support for 519,05; A.G. Op. 90.}-1, necessities. If a spouse who contracts with the city uses the earnings from Dec. 9, 1976 the contract individually and not to support the family, the contract probably would not be invalid simply because the spouse is a councilmember. However, if the facts tend to show otherwise, the legality of the contract will be doubtful. The attorney general has advised local governing bodies to avoid the suspicion and criticism that may result from such contracts, Although a prohibited interest in contracts does not necessanly arise when the spouse of a city employee is elected councllmember, the Opl1110n carefully avoids any statement about future actIon of the council on the eXlstlOg employment relationship, . Otticl.}l Confllct of Interc~t 17 Mmn. Stat. ~ 363.03, subd. 1(2) Also see section entitled F am"y connections. Minn. Stat ~ 15 054 Minn. StaL ~ 15 054 l\.linn. Stat. ~ 471.87; Minn. Stat. ~ 609 0341, subd 1; A G Op.90-8-1, Apr. 22,1971 18 It should be noted that the Mmnesota Human Rights Act prohibits discrimination in employment based upon marital status. As such, cities should exercise caution when making inquines into the marital status of employees or applIcants for positions with the city. 4. Sale of government-owned property a. In general Officers and employees of the state or its subdivisions are prohibIted from selling government-owned property to another officer or employee of the state or its subdiviSIons. "Property" mc1udes personal property (such as eqUipment or automobiles) and real property (land.) This law appears to prohIbit the sale of any city-owned property to any officer or employee, b. Exceptions There are two exceptions to this prohibition, Personal property owned by the state or its subdIvisions and no longer needed for public purposes can be sold to an employee (but not to an officer) under certain conditions, These conditions are: . · There has been reasonable public notice and the property is sold at a public auction; . The employee is the highest responsible bidder; . . The employee who buys the property must not be directly involved in the auction or sealed bid process, The law does not apply to the sale of items acquired or produced for sale to the general public in the ordinary course of bus mess, It also allows an employee or officer of a state or subdivision to sell publIc property if the sale is m the normal course of the employee's duties, E. Contracts made in violation of the statutes A public officer who violates the conflIct of interest law is guilty of a gross misdemeanor and can be fined up to $3,000 and Impnsoned up to one year. Any contract made in violation of the conflIct of interest law IS void, Public officers who knowingly authorize a contract even though they do not receive personal benefit from it may also be subject to criminal provisions of state law LeJgue ot :Vlmnesota CIties . . . . city of Chaska v. Hedman, 53 Minn. 525,55 N.W. 737 (1893); Currie v. School Dlstnct No 26,35 Minn. 163,27 N.W. 933 (1886); Bjelland v City of Mankato, 112 Minn. 2~, 127 N,W. 397 (1910) Stone v Bevans, 88 l\1inn. 127,92 N.W. 520 (1902); CltyofMmne. apollS v. Cantur- bury, 122 Minn. 301, 1~2 N,W 812 (1913); CUrrie v. School DlStnct No 26, 26, 35 Minn. 163,27 N.W. 933 (1886); Smgewald v Mmneapolis Gas Co, 27~ Minn. 556, 1~2 N.W.2d 739 (1966) Stone v Bevens, 88 Minn. 127,92 N,W 520 (1902) Fnsch v. City of St Charles, 167 Minn 171,208 N.W. 650 (1926); Mares v }anutka, 196 :'>tinn. 87, 2~ :-l.W 222 (1936); OfticlJI Contllct 01 Inrcrc\t When a city enters into a contract that has subject matter beyond the city's corporate powers, there will be no city liability for the contract. Even when the contr<).ct is within the city's corporate powers, any contract made in violation of the unlawful interest statutes is void. As a result, such a contract cannot be the basis of a lawsuit. However, a city may be enjoined from performing an illegal contract. If a contract IS Invalid, It does not matter that the councilmember did not participate in the vote or discussiOn, LikewIse, it does not matter that the councllmember's vote was not essential to the council's approval of the contract. It is the existence of the interest that is important. Even if the councilmember acted In good faith and the contract was fair and reasonable, the contract is void if it is prohibited because of a conflict of interest. When a prohibited contract is made with an interested councilmember, the councilmember may not recover on the contract. Nor may a councilmember recover value on the basis of an implied contract. If a councilmember has already received payment, restitution to the CIty can be compelled. For example, if the mayor is paid for services to the city under an illegal contract, a taxpayer could sue to recover the money for the city. It does not matter that the mayor was not present at the meeting at which the agreement for compensation was adopted. If a councilmember has made an unlawful sale of goods to the city and the goods can be returned, a court will probably order it and prohibit any payment for the goods. This might be ordered when a lot has been purchased from a councilmember and no building has been erected on it, or if supplies, sllch as lumber, have been bought and not yet used, However, if the goods c~nnot be returned and If the contract was not beyond the powers of the city and there was no fraud or collusion in the transaction, the court will determine the reasonable value of the property and permit payment on the baSIS of value received. 19 56 Am. Jur, 2d, M unlclpaI C orporalJons, Sec. 142 20 In case of doubt, it is wise to assume that a city cannot contract WIth one of its officers. If the contract is necessary, a legal opinion or court ruling should be secured before proceeding. The safest course of action is to assume that a contract prohibited under the conflict of interest statutes is void, whether or not the interested councilmember has participated in the transaction, . IV. Conflict of interest in non-contract situations A. In general While the laws discussed previously relate only to contracts with interested officials, courts throughout the country, including the Minnesota Supreme Court, have followed SImilar principles in non- contract situations even in the absence of specific laws. Any official who has personal financial interest in an official non- contract action is generally disqualified from participating in the action. This is especially true when the matter concerns the member's own character, conduct, or right to hold office. Another situation may be when the official's own personal interest is so distinct from the publIc interest that the member cannot be expected to represent the public interest fairly in deciding the matter. In applying the disqualification rules in non-contract situations, the courts have sometimes made a distinction between judicial and quasl- judicial acts on the one hand, and legislative and administrative acts on the other. However, this distinction has not been consistently applied in particular cases. In general, when an act of a council is judicial, no member who has a personal interest may take part. Some would argue that the member's participation makes the deciSIOn voidable, even if hiS or her vote was not necessary to make the deCIsion. Some of the cases discussed in the next sectIOn mdicate how this dIstinction has been applIed. When there IS a disqualifying personal Interest, the actiOn is not necessarily void, however.}n contrast to the rules regarding conflIct of interest 111 contract SituatiOns, the offiCial action may be valid if the dlsqual1fied offiCIal does not participate and the required number of non- Interested councllmembers approve the action. . Le.tgue of Mmne~otJ CHle~ . . . . Len: v. Coon Creek Watershed District, 278 Minn, 1, 153 N,W.2d 209 (1967) Gonzales v DalT)' Valley, 71 Cal. Rptr 255 (Cal. Ct. App.1968) Len: v. Cook Creek Watershed DIstrict, 278 Minn. 1, 153 N W,2d 209 (1967.) Towns/up Board of Lake Valley v. LewIs, 305 Mmn. 488,234 N.W.2d 815 (1975) OtfiCIJI Contllct of lntere~t B. Disqualifying interest factors The Minnesota Supreme Court has listed several factors to consider in determining if a disqualifying interest exists: . The nature of the decision being made; . The nature of the financial interest; + The number of interested officials; + The need for the interested officials to make the decision; For example, in one case, it was held that when an administrative body had a duty to act on a matter and was the only entity capable of acting on the matter, the fact that members may have had a personal interest in the result did not disqualify them from performing their duty. In that case, councilmembers owned stock in a corporation seeking a special use permit. + Other means available; Another relevant factor is whether or not other means are available, such as an opportunity for review. In one case, the court took into account the fact that a decision by a board of managers could be appealed to the state water resources board. The court referred to the same factor in another decision regarding a town board decision to establish a road. In upholding the town board's decision, the court said that the availability of appeal to the district court would adequately protect owners of the affected land from any possible prejudice. c. Specific situations There is far from complete agreement among the various courts on the kinds of interest and the sItuations that prevent an interested official from taking part in non-contract official actions. A summary of some of these situations follows: 21 Minnesota Code or Judicial Conduct, Canon 3D (1996) Minn Stat 9 471.46 Minn. StaL 9 415.15 See se1:tion entitled Incompatabilllyof offices l\lmn, Stat. 9 415.11 22 1. Determination of an official's right to office On the theory that no person should be the judge of his or her own case, courts have generally held that an officer may not participate in proceedings involving his or her status. Thus, city councilmembers are probably prohibited from judging themselves on an offense in which the majority of the council participated. Likewise, determination of a councilmember's residency may be one such issue from whIch an interested officer should abstain. . 2. Self-appointment Generally, city officials may not appoint a councilmember to an elected position, even if he or she resigns before the appointment IS made. However, a councilmember may be appointed to the mayor's or clerk's position, but the councilmember may not vote on the appointment. Likewise, resigning councilmembers may not vote on their successors. In the situation of appointment to a non-elective position, the general rule is that the official has a self-interest, and he or she is dIsqualified from participating in the deCIsion. Whether the councilmember serving the city in a second function creates an incompatibility must also be considered. 3. Fixing official's own compensation State law authorizes a council of any second, third, or fourth class city in Minnesota to set its own salary and that of the mayor. However, the change in salary cannot begin until after the next regular city election, Since every councilmember has a personal interest in determining the compensation, the need for interested officials to make the decision (m this case, by passing an ordinance), is determinative in this situation. . A special situation is involved m settmg the clerk's salary in a standard plan statutory city, In these cities, the clerk IS elected and is thus a voting member of the council. The other four councilmembers may vote on the clerk's compensatiOn WithOut any dIsqualifying self-mterests, However, It is probably best for the clerk not to vote on hIS or her own salary, League of :-'lInne~OI-1 Cllle~ . .. . A.G, Op, Apr. 14, 1975 A.G.Op 90a-l, Dec. 9, 1976 Mmn. Swt. 9 363.03, subd. 1(2) Also see section entItled Contracts w.th relatIves A.G Op 430, Apr. 28, 1967 In re Petlllon of Jacobson, 234 I\linn. 296, 48 N.W,2d 4-H (1951); Len;: v. Coon Creek Watershed D.strict, 278 Mmn. I, 153 N W,2d 209 (1967) . OffiCial Conf1lel of Illtere~[ 4. Family connections In an informal letter, the attorney general said that a councilmember was not disqualified from voting on a rezoning because his father owned legal title to the tract in question. The councilmember's father had sold part of the property to the rezoning applicant on a contract for deed. The councilmember did not have an interest sufficient to prohibit him from voting on the matter. The attorney general has also held that a prohibited interest does not necessarily arise when the spouse of a city employee is elected mayor. The opinion carefully avoids any statement about future action of the council on the existing employment relationship. It should be noted that the Minnesota Human RIghts Act prohibits discrimination in employment based upon marital status. As such, citIes should exercise caution when making inquiries into the marital status of employees or applicants for positions WIth the city. 5. Business connections Other types of business interests may also be prohibited indirect interests even though there is not a personal financial interest under the general law. The attorney general said that where a housing authority commissioner was a foreman who would aid a contractor in making a bid to the housing authority, the commission member was covered by the statutory language. 6. Land issues Since a city council must deal with land matte_rs, it is almost inevitable that one of these decisions may affect property that is owned or used by one of its members. a. Local improvements and special assessments A councilmember owning land to be benefitted by a local improvement is probably not prohibited from petitioning for the improvement, voting to undertake it, or voting to adopt the resulting special assessment. Although one Minnesota deciSIOn took a different view on county ditch proceedings, it seems to have been sharply lImited as a precedent by a later case, The two cases can also be dIstinguished on their facts. 23 In re Petmon of Jacobson, 234 Minn. 296, 48 N.W.2d 441 (1951) Len: v. Coon Creek Watershed Dlstnct, 278 MInn. I, 153 N.W.2d 209 (1967) A.G. Op. 59a-32, Sept. II, 1978 A G Op 471-f, Sept. 13, 1963 24 The first case concerned a proposed county ditch that bypassed a county board member's property although an existing ditch cut through a substantial area of his property. Although the board member participated in prelIminary proceedings before the board regarding the feasibility of the improvement, he did not attend the final hearing. The court vacated the county board's order since the preliminary proceedings may have had a substantial effect on later actIOns taken at the final hearing. The court also SaId that the board member should not have participated in any of the proceedings regardmg the project. The second case found that there was no dIsqualIfying conflict of interest when four of the five managers of a watershed district owned land that would be benefitted by a proposed distnct. ThIS court recognized that the situatIOn was similar to those where members of a city council assess lands owned by them for local improvements. As a result, the court found that this potential conflict of interest did not disqualify the district board members from participating in the improvement proceedings, It is pOSSible that a councilmember's property ownershIp might result in a more favorable treatment of that property in the assessment. If that happened, the assessment might be challenged for arbitrariness and set aside, whether or not the councilmember partiCIpated in the assessment proceedIngs. .. b. Zoning . The attorney general has held that a council is not prevented from rezoning property owned by a council member or by his or her client. However. the councilmember may not participate in the council proceedings involving the zoning. Apparently, the law does not prohibit passing a zoning ordinance that will affect a councilmember's property. However, substantial self-interest may disqualify the member from participating in council actIon on the matter. In a prior opinion, the attorney general said that it was a question of fact whether a town board member had a disqualIfying mterest for having sold land that was the subject of rezoning, However, the attorney general appeared to assume that if the board member had a sufficient Interest in the land, the member would be dIsqualified from voting on the rezoning. League of Minnesota Cities . '. . Webster v Board of County CommISSIOners, 26 !\lmn 220,2 N.W. 697 (1897) . OfflCIJ.l ConflIct of Irllcrc\t i. Property ownership Whether or not property ownership disqualifies a councilor board member from participating in council action will depend, to some extent, on the amount of that interest compared to all land affected by the decision. At one extreme is adoption of a new zoning or a comprehensive revision of an existing ordinance which may have an impact on all property in the city. In this situation, the interest is not personal and the councilmember should be able to participate. If this weren't allowed, no such ord1l1ance could ever be adopted since all councilmembers may be property owners, At the other extreme is the application for a zoning variance or special use permIt applying only to a councilmember's property. In this instance, there IS such a specific interest that it will probably disqualify the member from participating in the proceedings, However, the councilmember should still be able to submit the required application to the city, Between these two extremes are those proceedings affecting some lots or parcels, only one of which a councilmember owns. In such cases it is a question of fact whether the councilmember is disqualified from voting. If the councilmember chooses to vote, the council must decide whether the member should be disqualified -- a decision which is subject to review in the courts if challenged. There will be many situations where the right to vote is doubtful enough that an interested councilmember should refrain from participating. ii. Condemnation There is little doubt that a councilmember's ownership of land is so direct and Significant as to preclude his or her participation in a resolution to condemn the land, The Minnesota Supreme Court has not ruled directly on this question. However, it did not disqualify a county board member from participating in condemnation proceedings to establIsh the highway when the board member owned land adjoining the proposed highway, The court suggested that the decision might have been different If the owner had been entitled to damages if the highway had gone through hiS property, 25 Rowell v, Board of Adjustment of the City of Moorhead, 446 N.W.2d 917 (Minn. App, 1989) Webster v Board of County CommISSIOners, 26 Minn. 220, 2 N.W. 697 (1897) Lake Valley TownshIp v. LewIS, 305 Mmn. 488 234 N.W.2d 815 (1975) A.G Op.396g-16, Oct. 15, 1957 Also see Pell/lOn of Jacobson, 234 Minn. 296, 48 N W.2d 441 (1951) 26 iii. Church affiliation The court held that a zoning board member who was also a member of a church was not disqualified from voting on a zOl11ng variance requested by that church. The court found that the nature of the financial interest could not have influenced the voting board member. The person's membership in the church, without evidence of a closer connection, was not a sufficiently direct interest in the outcome of the matter to justify setting aside the board's ZOl11ng action. . c. Streets i. Establishing streets and highways It would appear that a councilmember who owns land near an area where a street may be opened would not be prohibIted from voting on the matter, The Minnesota Supreme Court has held that a county board member who owned land adjoining a proposed county highway dId not have a disqualifying interest that prevented him from voting on the establishment of the highway, The board member's interest was similar to that of the rest of the public and differed only in degree. A different decision may have been reached had the highway gone though any of the commissioner's land. The court refused to disqualify a town board supervisor for asking a landowner to circulate a petition for a road. By its very nature, the decision to establish a town road is of interest to all local citizens, includIng town board members, who often may be in the best position to be aware of the need for a road. The court said that the ability of affected property owners to appeal to the district court would adequately protect them from any possible prejudice. ii. Street vacation . It is arguable that a street vacation is not essentially different from establishmg the street, where abutting owners have been held not to have a disqualifying interest. However, the attorney general ruled that a councllmember who had an interest in property abutting a proposed street vacation could not participate in the street vacation proceedmgs. In light of thiS rulIng it IS advisable that a councilmember who owns property abuttmg a street proposed to be vacated refrain from partlcipatmg m vacation proceedmgs before the council. LeJgue of Mmnc\otJ CltlCS . '. . . A.G, Op. 218-R, Apr. 29, 1952 E,T 0 , Inc. v, Town oj Marion,375 N,W.2d 815 (Minn 1985) OtTIC1..tl ConflIct of Interc~t 7. Urban renewal An interest in property subject to an urban renewal decision may be grounds for disqualification. However, when the property is within the area of a larger urban renewal program but not in the project area subject to the decision, it is arguable that the councilmember would not be disqualified from voting. Since there have been no Minnesota cases addressing this issue councilmembers with these types of interests may wish to abstain from voting on these matters, or seek an attorney general opinion regarding the legality of their participation, 8. Licenses Although there have been no Minnesota cases dIrectly on the subject, it seems obvious that when a councilmember is an applicant for a license to be granted by the council, there is enough of a personal financial interest that the member should not take part in the decision on the application, If a general licensing ordinance is the subject of the action, even a councilmember who does not hold a license may have a possible conflict of interest that could disqualify him or her from voting. The attorney general said that a councilmember who was a part-time employee of a liquor licensee could not vote on the question of reducing the liquor license fee if could be shown that the councilmember was personally interested. For example, if the fee reduction will affect the councilmember's compensation or continued employment, he or she would obviously have a personal financial interest in the decision, However, whether an individual's personal interest is sufficient to disqualify him or her from voting on the decision is a fact question that must be determined on a case-by-case basis. In a similar case, the Minnesota Supreme Court held that since a town board member owned property across from a bar that was subject to a lIquor license renewal decision, he was disqualified from voting on the license renewal. The town board member stated his property had been devalued by $100,000 since the bar opened, and he was elected to the board based largely on his opposition to the bar. The court stated, "a more direct, admitted, financial interest IS hard to imagine." 27 Nodes P. City of Hastings, 284 Mmn. 552, 170 N,W.2d 92 (1969) In re 1989 Street Improvement v, Denmark Township, 483 N, W,2d 508, S09 (Mlnn, App. 1992) 28 D. Effect of disqualifying interest on action A contract that is prohibited due to a conflict of interest is void. ~ However, a non-contract situation, where a councilmember bas a disqualifying interest, may be valid if the result would have been the same without the interested official's vote. The court held that it wo ld have been a "better practice" for the interested member of a three- member civil service commission to disqualify himself and abstain from voting. However, his participation in a unanimous decision did not invalidate the commission's decision to termmate an employee. Council members who have a disqualifying interest in a matter are generally excluded when counting the number of councilmembers necessary for a quorum, or for the necessary number needed to approve an action by a four-fifths vote, such as approving a special assessment. .' E. Conflict of interest checklist + Consult with the city attorney. + Disclose the interest. i. Make disclosure at the earliest stage preceding the discussion; · Make oral disclosure to the governing body or board; · Make written disclosure; ii. Don't participate in discussions leading up to the decision. + Don't vote or take any official action unless the city attorney decides there is no prohibited conflict of interest. . Don't influence others. i. Don't participate in the discussion, either at the time of the vote or earlIer; ii. Leave the room when the governing body is discussing the matter. . V. Incompatibility of offices A. In general The question of whether a city official can also serve the city in some other capacity is quite complicated. One must look at both the statutory law I and the common law that has been developed through Mmnesota court decisions. LcJgue of Mmnesota Cll1eS . '. . . State ex rel HIlton v Sword, 157 Minn, 263, 196 N,W. 615 (1908); Kenney v Goergen, 36 Minn 190,91 N.W. 210 (1886) Mmn, Slat, ~ 43,28 All persons in elected office are prohibited from holding incompatible offices. In addition, many appointed officials may need to consider this law if taking a position that may conflict with their city responsibilities. The common law doctrine of incompatibility applies to the functions of two inconsistent offices, However, there is no clear defmition of what constitutes an "office" for the purpose of this law. Certainly it would include all elected offices. It may also include appointed offices such as city administrators, managers, and police chiefs. Generally, an office has g!eater responsibilIty, importance, and independence than mere city employment. State laws generally do not prevent a person from holding two or more governmental positions. However, without specific statutory authority, government officials cannot hold more than one position if the functions are incompatible, or if the jobs create a conflict between two different publIc interests. Federal civil service rules generally require that a person covered by the rules must resign before seeking local elected office. State civil service employees can hold any local elected office as long as the position does not conflict with their regular state employment. The Minnesota Department of Employee Relations will determine whether a conflIct exists, A waiver of salary or serving without pay does not change the incompatibility of any two positions because it does not affect their basic character. B. Elements of incompatible offices Positions are Incompatible when one or more of the following conditions exist: . If the holder of one position (or the group or board of which the person is a member): i. Hires or appoints the other; 11. Sets the salary for the other; 111. Performs functions that are Inconsistent with the other; IV. Makes contracts with the other; or, v, Approves the offiCial or fidelity bond of the other. OtfiCldl Conflict of Imcrc\t 29 . If a specific statute or charter provision: i. States that one person may not hold two or more specific positions; il. Requires that the officer may not take another position; or, iii. Requires that the officer devote full time to the posItion. . If one of the positions: i. Is in the federal service (except for postal employees); ii. Exists because of a contract made by the group or board of which the officer is a member; iii. Is in a government unit which has interest and purposes that conflIct with those of the group to which the other pOsitIOn belongs; or, IV. Has duties that conflIct with those of the other. .. c. Violation of the incompatibility law A.G. Op. 471.M, Dec. 11,1957 When an official qualifies for a second and incompatible position (by taking an oath and filing a bond, if necessary), he or she automatically resigns from the first position, which then becomes vacant. However, an individual can run for election to a position that is incompatible with the position the person already holds without resigning from the first. D. Offices that have been found incompatible It is important to remember that incompatibility depends on the nature of the offices and their relationship to one another. A city official who is considering seeking an additional office should obtain a legal opinion on the compatibility of the two offices. The attorney general has found the following offices to be incompatible: . A.G. Op. 358e-7, + Councilmember and city treasurer Mar, 5, 1965 A.G. Op, 358e-9, . Mayor and school board member Dee, 13, 1969 A.G. Op, 358e-3, . Councilmember and city attorney Mar. 6, 1946 A.G. Op. 358-e-9, + Councilmember and fire chief Apr, 5,1971 30 League of ~llDnc~otJ Cities . '. . . A.G. Op. 358-e-5, Jan. 19, 1965; A.G. Op. 358-e-9, Apr, 5,1971; Kenny y, Goergen, 36 Minn. 190,31 N.W, 210 (1886) A.G, Op. 90-e, Apr 17, 1978 Offlcl.!l ConlllLl of Int~rc~t While the attorney general once ruled that the exception under the conflict of interest law allowed a councilmember to be a member of a city fire department, the situation was complicated by a later opinion. This later opinion found that the fire chief of a municipal fire department automatically vacated the office of fire chief when he accepted a seat on the city council. The opinion did not mention the exception listed in the conflict of interest statute, nor the earlier opinion. The attorney general said two things in a 1978 opinion. First, the exception in the law allows a councilmember to be a member of an Independent volunteer fire department when the contract is negotiated, as long as the proper procedures listed in the conflict of interest law are followed. Second, the situations presented in the earlier opinions were further explained, The reason one was allowed and the other was not was because in one situation the fire chief had additional responsibilities and duties to the council that mere members of the fire department did not. Because each city may have a different relationship with its fire department, a city may want to get a legal opinion from its attorney or the attorney general before allowing a councilmember to serve as a volunteer firefighter with any sort of supervisory powers. In conclusion, whether or not two offices are incompatible will depend upon the responsibilities of each of the offices and their relationship. A city with questions may wish to contact the League for further informatiOn, (612) 281-1200 or (800) 925-1122, or secure a legal opinion from its city attorney or the attorney general. 31 VI. Model forms Form 1 . Model resolution to contract with a councilmember (under Minn. Stat. ~~ 471.88, subd. 5 and 471.89, subd. 2) Whereas, the CIty of desires to purchase the following (goods / merchandIse / equIpment / services): (describe in detail); And Whereas, (name of interested officiaD is the (office held bv interested official) of the CIty and will be financially interested in the contract; And Whereas, it is determined that the contract price of $ is as low as, or lower than, the price at which the goods can be obtained elsewhere at this tIme; And Whereas, the contract is not one that is required to be competitively bid; Now be it resolved by the city of , Minnesota that the city clerk is directed to make the above-mentioned purchase on behalf of the city from (name of Interested o.fficer) for a price of $ . It is also resolved that the mayor and city clerk are directed to issue an order-check to pay the claim on the filing of an affidavit of official interest by the interested official as required under Minn. Stat. S 471.89. . This resolution is passed to comply with the provisions of MInn, Stat. SS 471.87-.89. Passed by unanimous vote of the city council on _ , 19 . Mayor Clerk 32 LeJgue of Mtnne~o(3 CilIC~ . '. . . Form 2 Model resolution ratifying contract in emergency (under Minn. Stat. ~~ 471.88, subd. 5 and 471.89, subd. 2) Whereas, on , 19_, the city of purchased the following (goods I merchandISe I equioment I service) from (name of comoanv orJ)erson with whom the contracr was made)' (specify the tvpe of goor;ls, merchandIse, equ(Dment, or services that were bou,?ht); And Whereas, (name of interested official) was the (office held bv interested official) on this date - - .. - and was personally interested financially in the contract; And Whereas, the purchase could not be authorized 111 advance because of the following emergency: (specifv emergency); And Whereas, the contract price of $ paid for such goods is as low, or lower than the prIce at which they could be obtained elsewhere at the time the purchase was made; And Whereas, the contract is not one that is required to be competitively bid; Now be it resolved by the city of , Minnesota that the above-mentioned purchase by the city and the claim of the vendor based on it are confirmed and the mayor and clerk are dIrected to issue an order-check to pay the claim on the filing of an affidavit of official interest by the interested officer as required under Minn. Stat. ~ 471.89. This resolution is passed to comply with the provisions of Minn, Stat. ~~ 471.87-.89. Passed by unanimous vote of the council on ,19_. Mayor Clerk OtfiCIJl Conflict of Interest 33 Form 3 Model affidavit of official interest in claim (under Minn. Stat. ~~ 471.88, subd. '5 and 471.89, subd. 3) . STATE OF MINNESOTA ) COUNTY OF ) I, (Name of interested Qfficer), being duly sworn state the follOWIng: 1) I am (office held by interested QfficiaD of the city of , Minnesota. 2) On , 19_, the following (goods I merchandise / equipment I services) were furnished by (name of business or individual with whom the contract was m.t<<k.) to the city of : (stJec(fy the type Qf goods. merchandise. equiDment. or services that were purchased). 3) The contract price for such (?oods I merchandise I equiDment / services) was $ and their reasonable value was $ , 4) At the time such (goods I merchandise I equipment I services) were furnished to the city, I had the following personal financial interest in this contract: upec(fy the nature Qf the personal financial interest) . To the best of my knowledge and belief the contract price is as low as, or lower than the price at which the (goods I merchandise / equiDment / .w:!rvices) could be obtained from other sources. I further state that this affidavit constitutes a claim against the city for the contract price, that the claim is just and correct, and that no part of the claim has been paid. (signature of interested official) Subscribed and sworn to before me this day of _,19_. (signature of notary) 34 League of Mmnesota Cllles . ~ , '\ L -e, TIm Old, Chair Kathy Czar Steve Keister Howard L/.€berman . Laurie li-faher Nan.c) Purcell Mary Ru.ch Rz.chard SZlllk Don ~ "alst Lk ". City of Stillwater CHARTER COMMISSION ~ -1 - ~L iYl"(J ~ I WI ~ 10 MARCH -1998 ~~_"~'~ '. ' . ._ ~---... -<1""'-1"--_-1'- .- - ..... , . ,r'.~~~ :--~:~.;.:;~_~~'_,: ' _ STILLW ATER CI1Y,COUNCIL' 216 ..NqRTJ:!. f9\Jj11l:~ ,', STILL W ATER.~-MNJ:5:50.82 ,,;; _' '. '. :~:. ;~: ~\~~.;i;~~Jtf~~.:- .",' DEAR MAYOR 'Am>:.~I1J': COUNCIL: ... .~.. . _ :;-a.. ... ..... I ~.. -:.. ;;.:~-":';'~<;~~~~."~~~~~'''' 0# RE: REQUE?~SW~~~J:ER CHANGES , . ~: ' \-..;::~~: ~:..~:::i~~ ..~;. :~~ . . ~ .. 4 _- .. ~ ~ q~..6.Fhi~~,;-~ PROJECTS OF THE CITY OF STiLL W A~ qIARTER COMMISSION,HAS.BEEN THE DEVELOPMENT OF A PROPOSED CHARTER AMENDMENfWiilafDEFINEs,LIMITS ).ND PENALIZES CONFLICTS OF INTEREST FOR PUBLIC OFFICERS AND'PUBLIC EMPLOYEES. ENCLOSED YOU WILL FIND A COpy OF OUR PROPOSED AMENDMENT AND DEFINITIONS IN ORDINANCE FORMAT'- AS A COMMISSION WE HA VE WRESTLED \V ITH A METHOD OF ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS AMENDMENT WE HA VE SETTLED O~ THE FOR:VIA TIO;..; BY ORDI!\ANCE OF :\, BOARD OF ETHICS "HICH WE PROPOSE TO BE FOR\IED BY THE CHAIRS OF ALL CITY COMMISSIONS _~\'D BOARDS THi:\ P.(lAR:J Of ETHICS WOULD CO!'{VE:-:E O:\LY IN THE RARE EVE~T OF Pl'BLIC CO~IPUd\T Of A CONFLICT OF P\TEREST OR UPON OCC;\SiO!'i OF .\DrISlJRr DEU';;j()\S FOR Pl;BLIC OFFICFRS elR PliBLIC E~1PLOYEE5 \rHO \\'fSH TO f.\n\r iF TheiR i\TERE5T5 M:\ Y BE f\ CO~FLICT v.-fTH THE PFRLIC GOOf) THE FEEDP ,-\CI-.. \rE H -\ \'E RECfI VED FROM THE BOARD A\~) COM\IISSIU!\ CH -\ IRS h..\.5 ec;::\ POSITf\"E WE ARE REQl"ESTf\G TH.n THE FIRST RE..l.flI\G OF THE PROPO::;F~) ORDI~:\!'lCE BE PLACED 0:; TH: CITY CO(',CII. ~G:\'I1.-\ WE :\PPRECI; TE YOrR CO~SIDERA TfO.\j :\!\D TI\IE ,~\D ..\5h. TH; T rut" :\DOPT'THi5 ORDf'~:\'\CE FOR THr~ (H 4RTER o\~lf::D\lf\T ~ REGARDS Tr\rl)~' ')LD CH' rR "IT" .,;:: <\TI' r T.\ T~R (".\ ~~;:~' CCl\r;rI';;';;iO\ . \. I \. :1 J C, J U _. I _ \ __ ) c.. _n .. J _, . _'''. ~ ~'-"D~~&ffi. ~5l"RE v. / CC \I1.E f...RIE5EL \!IA;"! "I EDtl\, I ( ~ ' .,J ORDINANCE NO. .- AN ORDINANCE AlVIENDING THE STILL WATER CITY CHARTER The City CouncIl of the City of StIllwater does ordain. The City Charter of the City of StIllwater is hereby amended by adoptmg new 9709,9710 and 97.11 that will read as follows. "7 09 Public officers, public employees. interest in contract, penalty a) Any public officer or public employee who is authorized m theIr offiCial capacity to take part in any manner in making any sale, lease or contract decision may not voluntarily have a personal financial interest In that sale, lease or contract decIsiOn or personally benefit therefrom b) A public officer or public employee who is found to have knowmgly VIOlated thIS provision is gUilty of a gross mIsdemeanor pursuant to Minnesota Statutes Chapter 471.87 . 7 10 PublIc officers, publIc employees, interests in permits. lIcenses or zoning, penalty a) Any public officer or public employee who is authorized in their offiCial capacity to take part in any manner in makIng any permit, lIcense, or zoning decision may not voluntarily have a personal financial interest In that permit. license or zoning decision or personally benefit therefrom The eXIstence of a personal financial interest or benefit is, in all instances, a conflIct of mterest b) Except as otherwise provided by law, every public officer or publIc employee must fully disclose all material information pertaimng to potential cont1icts of interest as they anse and must in all instances recuse themselves from participating in any discussion or decision on the matter under consideratIon c) The City Councll within sixty (60) days after the effective date of S7 10, must establish by Ordinance a Board of Ethics to administer and enforce the conflict of mterest and finanCIal disclosure proviSIOns of the Charter The Ordll1ance must. at a minImUm, ll1clude the follo\vll1g prOVISions -. I j< . . . '" 1) Notwithstandmg any City Ordinance that limIts cItIzens from serving on more than one board or commission, the Board of Ethics must include the Chairs of all City boards and commissiOns, Insofar as permIssIble under State law, the Board must have the authority to issue, upon request of any interested party, b1l1dmg advisory OpIniOns concerning ethical and finanCial dIsclosure matters; The Board must have authonty to conduct Investigations of conflIct of ll1terest and financial disclosure, on its own 1l1lt1atlve or upon complall1t, and may refer cases for prosecutiOn and lure Independent counsel if they deem necessary, Any Board of EthiCS member must recuse themselves and may not partiCIpate m any Board diSCUSSIOn or deCIsion In whIch they have a COnflICt of interest or any matter that involves themseIv es or theIr respectIve boards or commissions; and A proviSIOn providing substantive and procedural Due Process to persons being investigated. 2) 3) 4) 5) d) The City Council must appropriate suffiCIent funds to enable the Board of Ethics to perform the duties assigned to It e) A compliant alleging a violation of 97.09 or 97.10 may be made to the Board of Ethics by any CItizen of StIllwater or other ll1terested party. A public officer or publIc employee \-v ho becomes aware of a ViOlatIOn of these sectIOns must report the vlOlatiOn to the Board of Ethics. f) The Board of Ethics must conduct an investigation and report ItS findings to the City CounCil at a public meetll1g wlthm thirty (30) days of receiVing a complaint g) A finding by the Board of EthICS that a public officer has knowll1gly VIOlated 97,09 or S7,l 0 IS grounds for removal from office h) A finding by the Board of EthiCS that a public employee has kno\vll1gly vIOlated S7 09 or 97 10 IS grounds for term1l1atlon or diSCipline under the terms and conditions of their employment contract 1) Any permIt. lIcense or zonmg deCISion promulgated or othc[\\ l~C entered mto In vIOlatIOn of thIS section IS null and \old ') 1998 7 11 Defmitions a) "Public Officer" means an executive or administrative officer at the City of Stillwater or any subdivision, agency or commiSSIOn thereof, whether elected, appointed or otherwise designated b) "Public Employee" means a person employed or actmg for the City of StIllwater or any subdivision, agency or commission thereof for the purpose of exercismg their respective powers and performmg their respective dutIes, and who is not a publIc officer. c) Any person who has been elected, appointed or otherwIse designated as a public officer or public employee is deemed, for all purposes of SectIOns 7.09, 7 10 and 7.11, such officer or employee although the person has not yet qualIfied therefor or entered upon the duties thereof." Enacted by unanimous vote of the City Council this _ day of CITY OF STILLWATER Jay L. Kimble, Its Mayor ATTEST: Morh Weldon, Its Clerk ., .) "" ' '\ J . . ". ! _~_ ~ ~ : j I I , I f I I : I I I " .'of: --n~_r. '~---r--i-':";'-T':--j--Tn~-_,H+_-~-T-i---!-ai-n-; ':~i---: i 'n;", 1 -;- +--t--~-+-, 1,- ,--..'-, ~-- ~'H~__~n ;-, r- f-,---t---I'--!-- :,-~,-i--,+--l----!---+--r--t--'!--+--j , " J I I : : I : 1 I' i' I I , ~ I ! I I 1 I : -~ '--~---~~\cd -' - ,-~ ..~ -- [n_ +- ..~ -':'-i '-T ,- ~u -f-~ -i ---~ -1--! ,- t- -,~-,i ~ '-it- ~ , ! ..-~-, 'n-'-t- -t'-1.,--" -- ~ - 1 -, --I, r -- r - l--t--t w ~ '-1--- --+--~-- t --f- - -:- ' r---,l-+-.....;..---t---- : Ii: I:: f I, I I Ii" ' i, i I I iI" " 'I " " ,i " " I : I I I I I : ! I I , : I ~ .- '-7:J-1-ILL-\.N~f;yt-- ciA-t, --;-- t- -~L.r ---~-i--; -! -t--+-: --;- - ,( ---rn-': - :--- t--i:I-; , : ~-;,-r(-~~ -ttO:1?~:r:l:- 1-:C.1J'!4~o;dK':,~,-~,--, -, ,--t -'1"--';- :-ut-_L,- -:--r- (-'r,-u-;---i--' -, ,~l/Y'-f' I:"--l~-lt~-, ;-1'.- _J I ,.j_L't'V,:t/'n--t--f ,; '-t---:-u--- I____! - ---:--'~-! 't-'+--i--: _ :_,_StJ.~_~~ ~ ~.: I\A.'~~---t~ I ~&1.... Iii i i i I : : Iii 1 ' -+ ,-'. ;;:---iVv"l-"'-'7----;--. - ~I'--r---;-- I -- -r--r-f ~ -r--l-~I --t --.1' '-T-,:-Ll1 --i- -r--:r- __ ___~_ : __,_ , '__ I 'I" I I Ii! I I: I I' 1 I 1 I f , r t ~ l' t--j----r-- -. -~--~ --:' , '-, '1'___;_ 1_"1 -', ""-r--I---'I---l-t--',~~--~-'-i--',----' I '::: I : I : 1 ' : : 'i I I : I I I I j I I L-rk;....,~~;;--i ,i -I '~-~ I,. '1 ! -1---f--~-l .ii -:---+--~ -7 -+-'-~-+-I-'l -1--1---1-' -~ -~~~~~a_t_~/A1.~ -+~-~l' -~-~T- IJ~~~__l_+_L__~_!, +--+-f-- ! : i I I I I I I! I I I r J I : I I I I I I ) I !! I ___L_L '!--~0'~~-nL-_-~,--;..--1 l .- T' '-j--~ ,~- -- -,-j- l i-- :-- I +- i -' -t'--f-- i- -~---T ,+-, __: _ ~:_ M~-~~f-1Q.,~-6tMf~~ ~ ' : ' i ,--~ - ~- i -- J __ ; - _' -;- --:, _.l. -' I ) , : : ] I ' : i j i j I I I I I ; i : I 1 1 ,_'-_____:-'~ u___ ---: __ _! _~__I--.i.... ____-I.. ,~--I---i---~,- _L-.J - L-,--1- _L-_,,_ 1. -t on 1--:- ..-:-' - -J ,-~ -~---- , , : ; i: ,I,',' Ii' 'I I . I' I I : i I I'L' I ' ! ! , ' ' , I I I I 1 " I, 'I ' I : , ' I t I I I L ' '.J : I, l I I I J t rItJ~=1.iL~-ov~~"11i~-~~$~",!~i- r. -. --)~~~~$~ _:IJ.O<S_ ~'C~~':~~)!~~~.+-~!o41i -1-- i.. i.--~th~,~~f~i-~~~~~~-~+-~.m~-1fif - ~'ll--~,- ' , : _~,~ -uro~-"'.1. --'ktf&1)a.~-l4\-~~~~T~~J---l,-~,-,~- --IIi I, _L-,l ,__ ,i_ ' I I ! . , , I I 'I I ~/, T-, I I ,I 1 I' '" I I,: I : I I I l ' , Ii, I I ! , ' I I , I I I I : I I -~-i~ ~[~T-~n'-~- 0\) i' -t\ ~T {;r6~--~~-~~t I ! ~--t--~_. _______ ,---' _, _._, ~~_,__,__,__~_ I_____~--.--' __~-I-'i~-,- -- -.-:~~b;{~ -~~~~,-~pl:~~~!li1)+~-r~JJ.1 , r;~~~1~~~.)\f..v..~~ ~~ --~~:---IP:1---1' - -1'- 19_,_ ~-t{t-- r;fZQ~r- 1- j - :m,V~-~---:\-~'lTl_-~ '1~ ~J..tiC<)~~- T--r--r---,-+ ,--. --,---itCSi--~,I-~D~\J~-'--i --~ ' , _ , _ ,_ __~ _; _ ;, _ ~ _1_ ,_ i _ : _ ,I _ :_ _ : ,_,____ _L______l___~ ,~__ L-+,--l- L_ -L -L -+-,J -_+ ,- ; - ~ l, ; 1\..,,( 1I.<'t" IM~,.C.~I~n "f'YZ.' y....h.c 1~..,c.IArL-...r1 I-C~i- 'li1I1~AA'A~fi'.f 1 ' :_ ---n \- ~~~-r~~---V~~yf-~-j l.VT~I~f'-"'-~~ +---~-r~'Of"(1)-+- f' ---~f:-~:~n2-T .- dn --:~'-cI('! ~I~' ! i tJ/.;;.lsl- f --,~--~_---,Lbfl--_r-,_---1~1--T---~---r-~-%--~1-~- I -~ r--I' __,_~~'l~---:d!J2~~ A-T wt-~t~lf-~+-..J -T- '---t n ~1VL~\..;~ :A;-f1W-'>-( -~. ~it~~:--~-~J:3,L1j nn i- _M~f:0:~A- lilJ:'-~ ~1':~'b11!'1/\f-j9~'W! :';[1 !. , ,.." ~~~~yfQ' ~~tfv~(. -~ -r\;~t'D~ ~- T-~1-~6:--~-I,^~,~{6~-~I-,~-+- : : ;tl7\ ""p,G : 'I: i;" I I ' : ! : ,i 'i: I, I __ _in i _ _, ---,-;yk\ V,l-f--l'-- r- t -I ; 1 ~ -r -'1--"--' --~ ;' '1----1 '--I - -; --1- -I' t' r -i- -:- T I ' , '_,_~ ___~___;__ ;'--I---i-- _,.__,~--~_n~-'---L-..i-I----J.-j--.L-J--,,--J.--L---j _l__~--:---l--,l- L ,:\;\Jf ~~~~~ :~t~ ~ ~~f&)A1~[:N: )jJ:~l~ .o/-~I' I , ' ! ,i I :' I , I, 1 I ' I I 1 I,. 11" I ',' ,I, I: - ,- -, - -, r - -, - r :- : ' - u: - ~ -1 -: ~r - ~ -: ' : - ; :- i' I - -r T t? ~ i ,~V'S '- ;1 -', .~ ~ }A;\-- 1 ,-- L__ ~ -f : I '1 : , l-- J i Ii: r'V'N T ':'!.; ~\~ O\N~ f ~t.<--:~. ~rzi ~~L~j; . " ' I'" , II , "I I ' I ',': I I I I I I 1 _ ~ I , ! 1 I "I I I , 'I, -, ,'- . - - -, " ~~ ~I.~~b I, Vlt~~0\ t)-J~PN Y ))<<",p '! ,i"!," I , , ! i ! I, Cc. , , I ~~~(JN . I , I I: I , 1 - i -1 I , , ,- I ... ' . ....P..... ~... z...-- . Proposed Conflict of Interest Charter Amendment Background: Until the Charter was revised in 1986, it contained a provision that prohibited elected or appointed officials and city employees from having "an interest, directly or indirectly, in any contract or job for work or materials, or the profits thereof, or services to be furnished or performed for the City." The current Charter is silent on the issue of conflict of interest. State Law , Minnesota Statutes 471,87 PUBUC OFFICERS, INTEREST IN CONTRACTS Except as authorized in section 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease or contract or personally benefit financially therefrom, Every public officer who violates this provision is guilty of a gross misdemeanor. This section of Minnesota Statutes applies to public officers in Stillwater. It covers sales, leases or contracts made by the City. It does not apply to permits, licenses or zoning decisions, . Proposed Amendment The Charter Commission is proposing that the City add an amendment to the Charter to establish a clear policy on conflicts of interest and a means of deciding when a conflict exists and what should be done to remedy the situation. The proposed amendment references the prohibition on conflicts of interest in contracts that is included in state law. It also extends the prohibition to conflicts of interest in permits, licenses and zoning decisions. Rationale The Charter should be amended to articulate a clear policy on conflicts of interest. In its landmark decision on campaign finance, Buckley v. Valleo, the Supreme Court said that the government should regulate campaign contributions and expenditures to avoid "corruption or the appearance of corruption." The Court recognized in Buckley that the perception on the part of the citizens that something was wrong could be as harmful to public's trust in government as a real violation of the law, . The CIty of Stillwater needs to have a clearly articulated policy on conflicts of interest to ensure, that decisions made by public officials are based solely on their determination of what is best for the City. But just as important, the City's conflict of interest policy and enforcement process . ' ... f.... ~r ,... will reassure citizens that the City's decisions are being made objectively. The proposed Charter amendment will deal with both "corruption and the appearance of corruption." . The conflict of interest amendment should be comprehensive State law is very clear on conflicts of interest in decisions on sales, leases and contracts. State law provides criminal penalties for violations of 471.81. However, many City decisions on pennits, licenses and zoning have a significant impact on Stillwater residents. The Charter should make sure these decisions are being made objectively. The City should establish a means of determining when a conflict exits and how to respond. A "toothless" policy on conflicts of interest would do more harm than good by fueling public cynicism about government The Charter Commission is proposing the enforcement mechanism recommended by the National Civic League in its Model City Charter (Seventh Edition). How the process would work The City would establish a Board of Ethics to administer and enforce the conflict of interest provision. The Board would available to advise public officials about whether a conflict of interest existed and to respond to complaints, Advice given by the Board to a public official would be "binding." That means that if the . Board said, based on the information provided by the official, no conflict of interest existed, the public official could rely on that decision. If a decision became a political issue at a latter date, the official would have the Board's opinion as a strong defense against public criticism. Any citizen could bring a complaint under the Charter. The Board would conduct a preliminary investigation within 30 days. In most cases, this process would be very informal, However, if the conflict of interest involved a serious violation of state law or the Charter, the Board could refer the matter to the City Attorney or another legal authority. Who will serve on the Board The Charter Commission is proposing that the Chairs of existing City commissions serve as the Board of Ethics. Because the Board would only convene to respond to a request for an advisory opinion or a complaint, it would be inefficient to create another standing commission. Moreover, the Chairs of the City's commissions have experience with the workings of the City. They have demonstrated by their willingness to volunteer that they are concerned about the City. Their election as Chair of their commission shows that they have earned the respect of the volunteers who serve with them. Will the Board be overwhelmed by complaints and requests for advice? It is unlikely that the Board will be inundated with frivolous complaints from citizens or . requests for advice from officials. If the creation of a Board of Ethics prompts a flood of complaints and requests for advice, it would indicate a much more serious problem with real or imagined conflicts of interest than the Charter Commission has envisioned, . . . Memorandum April 17, 1998 To: From: Re: Police Chief Recruitment Enclosed with this memo is a report from Jim Brimeyer summarizing his progress to date with the police chief recruitment. Mr. Brimeyer has spent the last several weeks reviewing resumes (approximately 30 were received), and interviewing or "pre-screening" 18 of the most promising candidates out of that group. The field has now been reduced to 10 potential candidates-their backgrounds and qualifications are summarized for you in the attached report. Since the names of these individuals remain confidential, the report is currently available only to City Council, the City Attorney, and City staff involved with the recruitment process. Both City staff and the Brimeyer Group have been pleased with the quality of candidates participating in the final stages of this process. During Tuesday's meeting, Mr. Brimeyer will be reviewing the qualifications of the 10 candidates with Council (they will be assigned numbers, rather than names, for discussion purposes), with the goal of selecting four to five finalists. He would also like to develop an interview schedule with Council, and hopes that the schedule can include an opportunity for Council and staffto evaluate the candidates in both an interview and a social setting. ". . . . CITY OF STILL WATER SPECIAL CITY COUNCIL MEETING 98-8 March 31, 1998 SPECIAL MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble. Present: Absent: Councilmembers Cummings, Thole, Zoller and Mayor Kimble Councilmember BeaIka (arrived 5:25 p.m.) Also present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Community Development Director Russell, Finance Director Deblon Administrative Assistant Cordes City Clerk Weldon Press: Julie Kink, Courier Mark Brouwer, Gazette 1. Sports Complex Management Services, City Coordinator Kriesel reported the following three firms submitted proposals for management services: 8t. Croix Caterer's, Inside Sports, Inc., and Recreation Sports and Play. These fIrms were interviewed on March 18 by a committee comprised of city officials, city staff, representatives of the hockey and soccer associations, general community, Parks and Recreation Board and the City of Oak Park Heights, After reviewing the results of the interviews, the committee selected St. Croix Caterer's and recommended the fIrm be interviewed by the Park and Recreation Board. The Park and Recreation Board conducted the interview on March 23rd and concurred with the recommendation of the committee and recommended Council enter into an agreement with St. Croix Caterer's to provide management services for the sports complex, Richard Anderson, President ofSt. Croix Caterer's, presented their proposal. He discussed their qualifIcations and experience, citing a team approach and strong maintenance skills. Mr. Kriesel stated this is a management contract only, not a lease arrangement. Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to prepare a management services agreement with St. Croix Caterer's for management of the sports complex and return to Council. All in favor. City Council Meeting No. 98-8 March 31,1998 ~ 2. Review and Approval of Development Agreements for Annexation Area Trunk. Utilities. City Attorney Magnuson presented a final Development Agreement proposed for the . construction of the trunk utilities to serve the first phase of development in the annexation area. The Agreement has been provisionally signed by Pemtom Land Company and Contractor Property Developers Company (CPDC) on Tuesday, March 23, 1998. The developers have expressed concern that the soft costs have been understated in the Agreement. The developers would also like to include a general provision that any other associated financing costs such as loan discount fees and attorneys' fees associated with the Development Agreement be included in these costs. Homer Tompkins (CPDC) questioned the difference in benefits and credits, stating some of the amount of borrowing is attributable to services that benefit others. He stated they are willing to pay their pro-rata share. His concern was with the interest calculations. (Councilmember BeaIka arrived at 5:25 p.m.) Discussion followed. Council directed staff to continue working with the developers to work out discrepancies and return with a fmal agreement. Motion by Councilmember Thole, seconded by Councilmember Cummings to continue the approval of the development agreement with Pemtom Land Company and Contractor Property Developers Company for construction of trunk utilities in Phase I of the annexation area to April 7, 1998. All in favor. . Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution 98-73 approving the subdivision of Phase I of the Liberty on Long Lake, contingent upon conditions of approval and fully executed Development Agreement. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Thole to adjourn at 6:01 p.m. All in favor. Mayor Attest: City Clerk Resolution 98-73 approving the subdivision of Phase I of the Liberty on Long Lake, contingent upon conditions of approval and fully executed Development Agreement. . 2 , I . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-9 April 7, 1998 REGULAR MEETING 4:30 P.M. The meeting was called to order by Acting Mayor Cummings Present: Councilmembers Cummings, Bealka, Zoller Absent: Councilmember Thole (arrived 4:45 p.m,) and Mayor Kimble Also present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Parks Director Thomsen Police ChiefBeberg City Engineer Eckles Fire Chief Kallestad Building Inspector Zepper Administrative Assistant Cordes Administration Secretary Thorn Press: Julie Kink, Courier STAFF REPORTS Police Chief Beberg reported that the current ordinance regulates parking enforcement in the downtown area Monday through Saturday 8:00 a,m,- 6:00 p.m. ChiefBeberg suggested that we revise the ordinance to cover the same hours for Sunday enforcement. With the additional enforcement, the parking signs have to be changed to reflect the additional day. In addition, the Downtown Parking Commission requests that the weekend enforcement coincide with the paid parking lots which is May 16th through October 4. (Action taken at 7 p.m. meeting) Police Chief Beberg also reported that on Friday and Saturday night, the City of Stillwater provided emergency personnel for the City of St. Peter. City Engineer Eckles stated that the alarm system for the lift stations in the City need to be modified as a result of the remodeling of City Hall. lIDs would involve installing a high water alarm in the sleeping quarters of the Fire Department. The cost for these modifications is approximately $2,500. Motion by Councilmember Bealka, seconded by Councilmember Cummings to adopt Resolution No. 98-88 approving the lift station alarm improvements from Braun Pump and Controls for a cost not to exceed $2,500, City Council Meeting No. 98-9 April 7, 1998 Ayes: Councilmembers Bealka, Cummings, Zoller Absent: Councilmember Thole and Mayor Kimble . Community Director Russell reported that there are two projects that have received City approval but do not require special use permits. OfficeMax will be going in between Cub and Target. An office building will be going in between KinderCare and Oasis Market on County Road 5. Parks Director Thomsen reported that he will be hiring three new Parks workers for the season. He is also requesting authorization to install a privacy fence at the Parks building and install a new horseshoe court at Northland Park. All of these items are on the consent agenda. Mr. Thomsen also reported that he and Sue Fitzgerald have been meeting with the person who donated $250,000 for improvements to Pioneer Park and the [mal plans are complete, The playground plan presented by St. Croix Recreation Company will have a logging theme to go with the history of the city and land that Isaac Staples once owned. They will be installing two cobble stone walkways and lights will be installed around the walkway and play area, A model of the playground and a drawing of the park will be available in the future for Council to review. Councilmember Bealka stated that there is some concern over children skateboarding in the parking lot at the UFE building. There was some discussion over whether a public area would be available in the future. Mr, Thomsen will investigate the possibilities and report back to Council. City Engineer Eckles reported that the retaining wall that holds up 2nd street south of . Pioneer Park is in serious need of repair. There are several options available for repairing this wall. Mr. Eckles will work with staff to investigate the options and report back to Council for a decision. OTHER BUSINESS, 1. Update on Lumberjack Days and 4th of July Celebration - Dave Eckberg, St. Croix Events, Inc. Mr, Eckberg reported on the activities planned for the 4th of July and Lumberjack Days. Lumberjack Days will be held Tuesday July 21 through Sunday, July 26, 1998. He proposed that the City make the following contributions: - The sum of $9000 for the 4th of July Fireworks show. The sum of $6000 for the Lumberjack Days Parade. The sum of $6000 for the Lumberjack Days Fireworks, Exclusive use of Lowell Park and Pioneer Park during the celebration. Motion by Councilmember Bealka, seconded by Councilmember Thole approving a City contribution of $21,000 for Lumberjack Days and 4th of July celebrations as follows: $9000 for 4th of July fireworks; $6000 for Lumberjack Days fireworks; $6000 for Lumberjack Days . 2 . . . City Council Meeting No. 98-9 April 7, 1998 Parade, and use of Lowell Park and Pioneer Park during the Lumberjack Days celebration. All in favor. Council directed Mr. Eckberg to work with staff regarding the vending of beer at these events. 2. Update on Sports Complex. Community Development Director Russell summarized the progress to date, necessary and optional change orders and the fund raising activity of the St. Croix Sports Commission. He presented a list of proposed change orders and requested Council direction. Mr, Russell also informed council that the base bid for the Park and ride construction was $184,121 and the cost could total $200,000 with additional lighting. The cost of the Park and Ride work will be paid by the City but reimbursed by MN/DOT. Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution 98- 89 approving Change Order No. G-2 and bid for Park and Ride facilities - St. Croix Valley Sport Complex Building Project. Ayes: Councilmembers Bealka, Thole, Zoller and Acting Mayor Cummings Nays: None Absent: Mayor Kimble City Coordinator Kriesel reported that Pepsi-Cola will contribute $25,000 toward vending food and drink materials if Pepsi-Cola was given exclusive rights to the vending machine sales. There have been many other offers for donations. Council directed staff to work with the St. Croix Valley Sports Commission and St. Croix Catering to determine which offers to accept and draw up agreements. 3. Agreement with Midwest Spine Institute for financing Zamboni. City Coordinator Kriesel reported that Midwest Spine Institute (located in Stillwater) has offered to contribute $60,000 toward the purchase of the Zamboni if Midwest Spine was allowed to place advertising on each side of the Zamboni, be given exclusive advertising rights on any new or replacement Zamboni in the future, to have the Zamboni painted white to provide flexibility for corporate advertising. Motion by Councilmember Thole, seconded by Councilmember Zoller approving the concept of an agreement with Midwest Spine and directing staff to prepare such agreement. The meeting was recessed at 5:55 p.m. Acting Mayor Attest: Acting City Clerk 3 City Council Meeting No. 98-9 April 7, 1998 . ' CITY OF STILL WATER CITY COUNCIL MEETING NO. 98-9 April 7, 1998 . RECESSED MEETING 7:00 P.M. The meeting was called to order by Acting Mayor Thole. Present: Absent: Councilmembers Cummings, Bealka, Zoller, Thole Mayor Kimble Also present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell City Engineer Eckles Fire Chief Kallestad Planning Commission Fontaine Administration Secretary Thorn Press: Julie Kink, Courier Mark Brouwer, Gazette APPROVAL OF MINUTES . Motion by Councilmember Bealka, seconded by Councilmember Zoller approving the minutes of March 17, 1998 Regular Meeting. All in favor. CONSENT AGENDA Motion by Councilmember Zoller, seconded by Councilmember Cummings approving the consent agenda, All in favor. 1. Resolution 98-74: Directing Payment of Bills 2, Resolution 98-75: Establishing Library Trust Fund (Minerva Fund) 3, Contractor Licenses - Roof Tech, Inc., Stillwater; Stillwater Sign Company, Stillwater; Kraus-Anderson Construction, Minneapolis; River Valley Restoration, Stillwater; Construction 70 Inc., Minneapolis. 4. Hang Banner - Church of St. Michael Parish Festival - July 3-18, 1998 5. 1998 Capital Budget Release, Part 2 - Stillwater Public Library 6, Resolution 98-76: Approving abatement of Assessments. 7, Resolution 98-77: Approving abatement of Assessments. 8. Resolution 98-78: Approving abatement of Assessments. 9, Resolution 98-79: Permanent Employment of John Zizzo as Patrol Officer. 10, Repair of Civil Defense Warning Siren at North 4th and Moore Streets. 11. Resolution 98-80: Employment of Larry Buberl as part-time parking enforcement officer. . 4 City Council Meeting No. 98-9 April 7, 1998 . 12. Resolution 98-81: Accepting bid for purchase of ice resurfacer for Stillwater Area Community Center 12. Resolution 98-82: Temporary employment of Robert Hamble - Parks Dept. 13. Resolution 98-83: Temporary employment of Chris Diethert - Parks Dept. 14. Resolution 98-84: Temporary employment of Jennifer Anderson - Parks Dept. 15. Installation of privacy fence at parks building. 16. Resolution 98-85: Contract with Veesenmeyer Const./Soft-Crete for install of horseshoe courts at Northland Park. 17. Resolution 98-86: Contract with Bailey Construction for beach and boardwalk improvements at Lily Lake. 18. Purchase of Lifeguard equipment for Lily Lake Beach. 19. Resolution 98-87: Accepting works and ordering final payment for Pine Street Reconstruction Improvements, Project 9635, L.I. 295. 20. Attendance at New Urbanism Congress, Denver Co, - Community Development Director. PUBLIC HEARINGS 1. Case No. V /98-11. This is the day and time for the public hearing to consider an appeal from the Planning Commission for a request from Todd and Kristine Wilson for a variance request for modification (reduction) of a drainage/utility easement to accommodate construction of a swimming pool in the rear yard of a single family residence at 263 Pineridge Lane in the RA Single Family Residential District. Notice of the hearing was placed in the Stillwater Gazette on March 27, 1998, and notices mailed to affected property owners. . Community Development Director Russell reported that this request was denied by the Planning Commission with a vote 6-0 fmding the request inconsistent with the condition of lnterlachen II subdivision wetland conservation requirements and subdivision utility and drainage design. He stated that the drainage system and wetland protection was studied and discussed extensively during the platting of the area. Planning Commission member Jerry Fontaine stated that the Planning Commission feels that there was a lot of input into this decision and that it would not make sense to approve this request. The mayor opened the public hearing. 1. Todd Wilson, 263 Pineridge Lane, handed out copies of a letter that was sent to the Mayor stating various steps that he has taken. He stated that this is an issue regarding the validity of the actual easement which was not disclosed to him at the time he purchased this home. He felt that the developers were not up front with him and did not post the required signs containing said easement prior to the selling of any lots. There was also no mention of a conservation easement in any of the documents he received prior to purchasing this property. Aside from limiting him from putting in a pool, this easement prevents him from making any improvement to 50% of his property on which he pays taxes, . 5 City Council Meeting No. 98-9 April 7, 1998 2. Signe Cowan, 202 Crestwood Terrace, stated that she and many other residents of the city are very concerned with protecting and preserving any wildlife area that is part of this . development. The mayor closed the public hearing, Motion by CounciImember Zoller, seconded by CounciImember Cummings approving Resolution 98-96 denying the variance to (reduction of) utility easement and conservation easement for construction ofa swimming pool (Case No. V/98-11). All in favor. Ayes: CounciImembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble UNFINISHED BUSINESS 1, Report: Annexation area easements, City Attorney Magnuson reported that the City has been successful in obtaining most of the easements acquisitions for trunk utilities. Appropriate easements have been received from ISD 834, Newman Realty, Kroenings, Trailhead Development, and the agreement to convey a temporary easement from Mike Adams. The development agreement states that the developer will reimburse the City for obtaining these easements. He also stated that agreements have been reached for payment of compensation with Parsons ($500.00 plus repair of yard), Munkelwitz ($15,000,00), Minnesota Zephyr Railroad ($1,834,00 plus $500.00 for attorney fees), He requested that Council make some decision regarding the walkway easement with GalImeier. . Motion by Councilmember Cummings, seconded by Councilmember Bealka directing City Attorney Magnuson to continue to acquire all the easements originally planned for trunk: utilities in the Annexation area. All in favor. 2. Appointments to the Human Rights Commission. There are two vacancies for youth members on the Human Rights Commission. These terms will expire on August 20, 1998, A request for applications was published in the Stillwater Gazette and the Courier. The following four applications were received: Mike Arney, Jake Anders, Dustin Wahlstrom and Dana Ross. Council also assigned Dustin Wahlstrom to the Hate Crime Response Team and Jake Anders to attend HRC meetings as Stillwater Area High School Liaison. Motion by Councilmember Zoller, seconded by CounciImember Cummings approving Resolution 98-90 appointing Mike Arney and Dana Ross to fill the vacancies on the Human Rights Commission for student terms to expire August 20, 1998. . 6 City Council Meeting No. 98-9 April 7, 1998 . Ayes: Councilmembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble 3. Ratification of Development Contract with Pemtom Land Company and Contractor Property Developers Company for installation of trunk sewer and water facilities. City Attorney Magnuson reported that this is the contract agreed on at the March 31 meeting. The final contract was then prepared and signed. This vote is to ratify the contract. Motion by Councilmember Zoller, seconded by Councilmember Cummings adopting Resolution 98-91 approving the Development Agreement Contract with Pemtom Land Company and Contractor Property Developers Company for Construction of Trunk Sewer and Water in Phase I of the Orderly Annexation Area. Ayes: Councilmembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble 4, Update: Sports Complex This was discussed at the 4:30 meeting. See above, . 5. Purchase of railroad land west of Mulberry point. Community Director Russell stated that this is the fmal purchase agreement for the property that was approved for purchase at the March 17, 1998 meeting. Motion by Councilmember Cummings, seconded by Councilmember Bealka adopting Resolution 98- 92 approving the Purchase Agreement with the Burlington Northern and Santa Fe Railway Company for the purchase of property to extend Lowell Park. Ayes: Councilmembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble 6. First Reading of an ordinance amending the Forest Protection Ordinance. City Coordinator Kriesel stated that he is working on a proposed work program for a City Forester and hopes to have that finalized for the next meeting. This would be a part-time position that would include development of an amended tree preservation ordinance, a tree preservation plan, a tree inventory, consultmg services, educational services, and obtaining Tree City USA status. No action taken. . 7 City Council Meeting No, 98-9 April 7, 1998 7. Update: Rivard Property. City Attorney Magnuson reported that the appraised value on this property is $675,000.00, Mr. Magnuson and Community Director Russell have met with Rivard's several times and his latest demand is $1,000,000.00 plus a life estate in the house for Burt, his wife and their daughter Rhonda. Russell stated that he spoke with Rivard before the meeting and his latest offer was $850,000.00 made in two installments. This offer was made with the City securing sites for public works and water (approximately 8 acres) and within two years the City could secure this 8 acres and a second payment would be made. However, this would call for the purchase of the house at a cost of approximately $125,000 - $150,000. . Council directed Community Development Development Director Russell to continue to negotiate with Mr. Rivard and present a fIrm offer at a future meeting. NEW B1)SINESS 1. Request to close a portion of North Everett St. and West Cherry St. for an annual Hope House fundraising auction on May 9, 1998. Motion by Councilmember Cummings, seconded by Councilmember Bealka approving the closing of North Everett Street at West Linden Street to West Cherry Street, including West Cherry Street to the dead end, for the Annual Hope House Fundraising Auction on May 9, 1998. All in favor. 2. Transfer of on-sale and Sunday liquor license - Lowell Inn. . Motion by Councilmember Cummings, seconded by Councilmember Bealk:a adopting Resolution 98-93 approving a new on-sale and Sunday liquor license for Semper Lowell Associates dba Lowell Inn. Ayes: Councilmembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble 3. Recommendation from Downtown Parking Commission for repair of South Main and River pay parking lots, Community Development Director Russell reported the Downtown Parking Commission has reviewed the conditions of the pay parking lots (South Main and River Lots) and have determined they are in need of repair. The estimate for the South Main Lot is $49,811. The South Main Lot reconstruction would be funded by Impark's parking receipts for this year (estimated to be $40,000) and the remaining from 1999 parking revenues. The repair of the River Lot (estimated to be $15,000) would be paid by federal monies received for flood damage. . 8 , . . . City Council Meeting No, 98-9 April 7, 1998 He also reported the UBC condo project and Second Street parking structure have not proceeded as proposed, The Commission feels the City should again consider improving the lot for the upcoming season. He will return with a status report of the UBC lot at the April 21 st meeting, Motion by Councilmember Bealka, seconded by Councilmember Cummings to adopt Resolution 98-94 approving the agreement with Impark for reconstruction of South Main Parking lot at a cost not to exceed $49,811. Ayes: Councilmembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble Motion by Councilmember Bealka, seconded by Councilmember Cummings authorizing the repair and overlay of the River Lot for an approximate cost of$15,000, to be funded by federal flood funds. All in favor. 4. Review and approval of wetland replacement plan for Legends of Stillwater, Project 9741 City Engineer Eckles reported the Legends of Stillwater has seven wetlands on the property, The developers have a development plan which avoids impact on six of the wetlands. One of the smaller wetlands, 2700 square feet, requires mitigation. Mitigation generally involves recreating new wetlands at a rate of 2 to 1 where existing wetlands are filled. The developers have presented a plan to fill a small wetland near Staples Place and in its place enlarge the wetland located just south in the park. Staff has reviewed the plans and has received comments from the Minnesota Department of Natural Resources and Washington County Soil and Water Conservation District (SWCD). As a condition of approval the developer's will be required to modify the seed mixture to meet the approval of the Washington County SWCD, Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt Resolution 98-95 adopting the Wetlands Mitigation Plan for Legends of Stillwater, subject to modifications to seed mixture recommended by Washington County SWCD. Ayes: Councilmembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble Councilmember Bealka requested Council vote on the recommendation of the Downtown Parking Commission for changes in parking enforcement hours. (discussion at 4:30 meeting) Motion by Councilmember Bealka, seconded by Councilmember Cummings to have the first reading of the ordinance amending Chapter 51, Traffic and Parking Regulations, by adding Sunday enforcement hours. 9 City Council Meeting No. 98-9 April 7, 1998 , Ayes: Councilmembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble . COUNCIL REOUEST ITEMS Councilmember Cummings stated the Park and Recreation Board had voted unanimously to request Council to direct staff to prepare a Request for Proposals (RFP) for a City Master Park Plan. Council directed Community Development Director Russell to return with a recommendation on the preparation of a RFP for a City master park plan. Councilmember Bealka asked City Coordinator Kriesel to address residents regarding yard waste bags and pickup. Mr. Kriesel reported the new owners, USA Waste, thought that there was a policy that the yard waste would not be picked up until April 15, They have been informed by the City there is no such policy and yard waste is to be picked up whenever it is placed out for pickup. The yard waste biodegradable bag program of last year did not succeed because of distribution problems. This year residents may use paper or plastic bags. F our-foot bundles of brush will be picked up, Motion by Councilmember Zoller, sconded by CounciImember Bealka to have the first reading . of an ordinance amending Chapter 30, Garbage and Rubbish, by rescinding Ordinance 836, regarding use of authorized biodegradable bag for yard waste, Ayes: Councilmembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble City Coordinator Kriesel reported the tentative rescheduling of the workshop with the Charter Commission for 4:30 p.m. on April 21, 1998. ADJOURNMENT Motion by Councilmember Cummings, seconded Councilmember Thole to adjourn at 8:25 p.m. All in favor. Attest: Mayor City Clerk . 10 \ . . . City Council Meeting No. 98-9 April 7, 1998 Resolution 98-74: Directing Payment of Bills Resolution 98-75: Establishing Library Trust Fund (Minerva Fund) Resolution 98-76: Approving abatement of Assessments. Resolution 98-77: Approving abatement of Assessments. Resolution 98-78: Approving abatement of Assessments. Resolution 98-79: Permanent Employment of John Zizzo as Patrol Officer, Resolution 98-80: Employment of Larry Buberl as part-time parking enforcement officer, Resolution 98-81: Accepting bid for purchase of ice resurfacer for Stillwater Area Community Center Resolution 98-82: Temporary employment of Robert Hamble - Parks Dept. Resolution 98-83: Temporary employment of Chris Diethert - Parks Dept. Resolution 98-84: Temporary employment of Jennifer Anderson - Parks Dept. Resolution 98-85: Contract with Veesenmeyer Const./Soft-Crete for install of horseshoe courts at Northland Park. Resolution 98-86: Contract with Bailey Construction for beach and boardwalk improvements at Lily Lake. Resolution 98-87: Accepting works and ordering fmal payment for Pine Street Resolution 98-88: Approving the lift station alarm improvements from Braun Pump and Controls for a cost not to exceed $2,500. Resolution 98-89: Approving Change Order No. G-2 and bid for Park and Ride facilities - St. Croix Valley Sport Complex Building Project. Resolution 98-90: Appointing Mike Arney and Dana Ross to fill the vacancies on the Human Rights Commission for student terms to expire August 20, 1998. Resolution 98-91: Approving the Development Agreement Contract with Pemtom Land Company and Contractor Property Developers Company for Construction of Trunk Sewer and Water in Phase I of the Orderly Annexation Area. Resolution 98-92: Approving the Purchase Agreement with the Burlington Northern and Santa Fe Railway Company for the purchase of property to extend Lowell Park. Resolution 98-93: Approving a new on-sale and Sunday liquor license for Semper Lowell Associates dba Lowell Inn. Resolution 98-94: Approving the agreement with Impark for reconstruction of South Main Parking lot at a cost not to exceed $49,811. Resolution 98-95: Adopting the Wetlands Mitigation Plan for Legends of Stillwater, subject to modifications to seed mixture recommended by Washington County SWCD. Resolution 98-96: Denying the variance to (reduction of) utility easement and conservation easement for construction of a swimming pool (Case No. V /98-11), 11 . . . 04/15/1998 15:04 6124395712 JPLASKINOJ PAGE 01 J.~ Laskin Co. Th6 ee.t of NGrttt Am8nCa T radlUonal Natt\ Amet'lcen Gooda F\lge Fulnfture l.Impt 308 E. a.tnut Street stItlwtl*. fAN !5082 Phon. I ~.. (e12) 439-&112 CITY OF STILL WATER CHAMBER OF COMMERCE HANGING PLANTERS ON MAIN STREET & INFORMATION KIOSKS Dear Council: After successful fundraising efforts, the City of StillwaterChamber of Commerce proposes to install 48 hanging planters on Main Street in downtown Stillwater. The chamber proposes to pay for the custom-made hangers, baskets, pJantings and maintenance. We do ask the City to provide one person for one day to help with the installation of the hangers. The City of Stillwater Chamber of Commerce has also secured funds for three information kiosks. Two would be located downtown. Stillwater, one at the north end and one at the south end of town. The third kiosk would be located at the new sports complex. These kiosks would provide space for public announcements of general interests such as City information, public events sponsored the two chambers, Rivertown Restoration news, River Valley arts council, school information, etc. The City Chamber would maintain the kiosk information listings on a regular basis. . . . MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Request to hang banner- United Way DA: April 17, 1998 Discussion: Sheryl Marshall, representing the St. Croix Area United Way, will be at the 7:00 p,m. meeting Tuesday to request the placement of a 50 year celebration banner on Chestnut Street for an extended period of time - 4/22/98 through 11/23/98 - about 7 months. Normally, banners are allowed to be hung for about 10 to 14 days (MNDOT only allows 14 days on Main St. which IS a State highway). United Way usually requests 30 days for their annual campaign. Perhaps this is a non-issue but staff felt that the display ofthe banner for such an extended period of time would be inconsistent with past practice and city policy, Therefore, I am recommending that the Council consider a shorter time period (not more than 30 days) or perhaps the banners could be hung for 30 days this Spring and then hung again this Fall. Recommendation: Council consider request of United Way to hang banners for extended period of time. ,. /f/~ i 0 City o MnDOT r illwater ~ --~ ~'\ THE BIRTH~LACE OF MINNESOTA i) .' 1 REQUEST FOR INSTALLATION OF BANNER APPLICANT ~ Z m~ - \) -) ORGANIZATION AL. ~ ~ ~ 4)cu,/ ADDRESS -:p(~,5~ 2D5- TELEPHONE 1{31-3R~X ACTIVITY BEING PROMOTED BY PROPOSED BANNERS O!)-th ) fH -cIu I ~ U~) o 0 d 2 3 4 5 BANNER LOCATION REQUESTED o o r& Main Street at Olive Street (Mad Capper)* North Main Street - 100 Block (Kolliners)* Chestnut Street at Union Alley (Firstar Bank) . 6 'MnDOT APPROVAL REQU7ED FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED: 0 Jd.-J 11 - //1* COMPANY INSTALLING BANNER: AA-~ ~ Address;?d~ ~ 4f Pho~e L(39'6~~1 7 FOR OFFICE USE ONLY Date. Date: (Required for Main Street Locations) Installer verification Date: BANNER REQUIREMENTS ATTACHED . CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 612,439,6121 .~ - - , .: . . t i/';~"'i?\~ {:,'" ~~: # , ' Mn/CO: Dep Conm. Ofc. Fax:612-297-4~95 , , Apr 21 '98 7,55 P,O?/04 '~ . ,MI,NNESOTA DEPARTMENT OF TRAN~PORTATJON, ((1>- -News Release ,- '. o,r " , ,', ",', _,I , , ~ ~ I ' " Date: Apri121, 1998 " , { r . , For ImmedIate Release " ' " ,: 'CootaCt: Bob McFarlul ", DU'ectQi', Pablic Affairs,' MnIOOT , (612) 296-0369 , (612) 6404S0S'(page) " "(612) 936-77~ (home) , " # I , ,4 '\~, , . , , i' MINNESOT A A ND WJSCO~SIN GOVERNORS A NN OUNCE STEPS TO RESOLVE ST. CRoix RIVER'BRIDGE DISPUTE , " , , 1 I l } ST , PAUl.;; MiriJi:. :',MinneSola GOvernor Arne' Carllto~ imd W l~ornlin' Governor I - I ~, I I . ~ I , Tom~y Thompso~ today announced: steps the two States ""in take to try to tesolve tile " ' dispute over the plannedl$t; Croix Rlv'er'Bridge betweCn StiUwater, Minnesota and , " , Houlton, WiscOns!n. On April 13, 1999~ U:S.' Qistrict Court Judge Ann Montgomery , 'I ' , , , ruled agaH1~t tht. ~o statesan~ si~d:wi~~ ih,e Nati?"al Park Servi~ in b~ki~g , con~tructiotI ofttte propoSed bridge,'" '" , "The St. .c~OUt Valley'.regi~~ is fa~jnggro~ing tran.'1portation needs that must be addressed quIcklY:" GoVem~'carlsOll said. "Oearly; en alternative must be fo~d to the I., 1,... I ' existing 67 yc:ar..old tift bridge or the City of.StiIlwa~ an,rthe-e~ regiOn will suffer \ . ~~' ,~ ,- J :... "!. . ~ '.+, ~ " great economic and ~nvironmentaJluiJdSbipdUe to choldrig traffic conge5tion, and. ' \ '1 \. ' . I I' I . r - \ l' worsening air 'poltu~ion. The steps we are annooocina t!>day offer the be!!, chance tefreach . . , t , w' ~ , : '~I I' . \ a qUlckresolutiootothi8wspute.u, '"," ,,", ',,: '.~" . 'I \ I I ! \ I ! First, the states wili mItiate1 aisCuS.~onS with the offtcial Parties in the dispute:to , ' . discuss what. option.~..i-e ~vail~ble foT' a negOtiated reSoluoon !md to hear rrom'the National ., ..., . (.I' Park Service on ,what tyPe: of bridge orothet tranrq,ortlltlOO sOwtioo it would ac.cept, . ' , J ~ ~ ;;01 i' - ~ ' f ...' . I "We believe ii,is~ery important for all the parties to have: a realistic understanding f \ , , ." I I I I " of what.tHe opti~~ are for di~uSsing alternatives to the proposedbrldge." said Gov~mor , Carl~, "M~teo~~rj bCf~re any, alternatives' can be'~ssed, the National Park SerVlc~ must tell the state'5 what it iswi'hillg t~accept in lermA ~ra sol~ to the tegion's' , > , ,j ~_ .. . . ~ I transportation needs.", - " ".' ,"" .. ," , I' , ,L ~ I ~ ' I. ~ . I I r ' " ,I " \ Second; lhk state~ will ~ Congre~ to address the national tr8nsP9rtatioo policy implications, of iliJ'judge' ~ rill~ni in pending legisl~ to reautho;il~ the fedCral t Intennodal, Sujra~ TransPortation Efficie~ AcHISTBA).' Judge Mootgdmery' s ruling was balled on an b1terpretanon of Congress' intent in the'l968 federal Wlld and 'Scenic ' Rivers Act re'garding wWich fcdcral,agency ~k1 ba-";~ j~~iction over bridges ~~<rlng , , I " ," I I ,--- " , ' 1 395 John lrelone! BO~levard"St. 'Po'u1, MN 551:55, (612) 296-3000 1: , ' , " , , ". " , ! '" , ... : ~ I _'...,.,., I~ 1 ~ ~ r ~...:. t',1 ,. I ... '" I . ~ ~... \ .. j I' t ~1 \1 . J ..... 1 \ .' I " j t' , , \ I , , I , , i i , , ~ , , , , I , , I , I , I . I I i, " I . , I \, , '" .~ I .~ ~ ..~,' i" i'1. ~ l:' .. ,:'" r , ~.' ,I " \ ~ I II Nn:C~T Dep. COr.JIn, O~c. Fax:612-297-4795 fiJr 21 '% " " ,. ":' :>:"'. ;," ,,", \ :,' , :< ,\~' ,: ~.' :':,', -'" 1 J ~ , 1'- ,', J 7:56 F 03/04 " 1 ~ ~ ,~ " ' , , MNIWINe.ws'Rel~;'St.'C~'Brld&e"'~", ~ ,," r ~,.'.,', 'I: 4121198 ' . P8.' 2 " . ',' . ' ':", ..' , , .. ' , I,;' , c \ -, I' 'r '. - ! , . ~. I' ~,... ~ \';.." ~ _ I ' j , t .' : ' J.. . "- ~~"r ... ~ ~ ~ \ ,1 :' \ ; designated rivers. )3tJrtJ~~o~~ the' efi~, oftbe rulhig is'th8t "scates camWt rely on final federal approv~ of~rtatlon pn;jects Under federal emiironmet1tallaw'for ~ of ' .. " " _: f. , " ,...... ,- ~ ' .. - ~~ ~ another'federal aae~Y ~erally rejectina that approval months or years later. 'fh&, judge's ruling JW' ~te aiu1 ~riOuJr,atiODalpolic.y ImpUeatiom for 35 other states . " I' I :' , \ ~ / ' .,:~' , , ; - ',' I,." I . WIth nven desianated ','~ldand'scen1C'. 't, . , , .' '. ' . . .. ' "Given'~ Judie ~ontaomerY's inte~ation of Congress' intmt has such broad nationalimpac~ we. it is irilportlntat'ld appropriate that conatess either reject or affirm that intetpretltion~ ~ aovemorThomP.son~. ''We fuuY expect and hOpe ,that states I . across the' countiY:win~'us:m a.~, ~ss h, addJe~ this ~'m~ lSTEA ' , legiSlatfon'intMnbxa,iowWee~."', "':'~> "l'~':' "I,'.' _,,' ' . I..: " .. \ ... _ .Third; the Mates Will ~rtake stePs nec-esisary to~ppeat Ju~ge Montgomery's ~ .:-, J J , .' _\.... ~ I , 'ruling to the Eighth CircuJt'Court of ApPe8& in St., Paul.:' , ,.',' 'We are still very c~dent that obr iegal ~nts suPPorting cOnstruction of the proposed'brid~,~ so\~ictand' f~~. ~~GO'Yemor Carlsoo said. ~s is the ftrst'and only I , \ " "; ,.. _ " court decisiOn On the issuC ofwbo has'jurisdiction over such bridges, and given the' serious . ,i ~I ~'" ' ~', ~ ' ~.. -.. '.. ,I Impact! on MiJmc$ota. Wisconsm aadstatesacross tho country ~ ~ sttonBly believe. the , J ~. . ~ "'" , I decision should be given YerYSboroughIega! re~. ,Ftn1htrmore. with the tegll work , thBt has been dOne to.ie. ~d ,With the: apPeal; coUrt located in St: 'Paul.' the~osts 'of , . t . r \ . , 8pPeabre vetyrriiniDW;tt,,' '''.' :,\.:, ",' " " . . d " '. ,.",', r ( ./' I ~ ' , l , ' '. Gove~~OIicIuded. 'tt'!We believe that, by pursuing ~ three courses .. :' '~l' ,,' .. . 1 I " . " I of action concurreptly, we can find~' ~yto proVide tIJe St. Croix Valley 'a sUe. efficient and environmefttany semki~ lItemarivtto the aging lift bridge withoUt going through the , . II I"., ~, ' '., _ . ~ ,\. 1/ I .. pam and expenso ~f another 30 years of study I debate 'and cOnfllct. tt, . ~ " , ~ neW-Sr.' c~iX.ruver _;was pro~d by ~a 8nd Wisconsin following. molt tJl8ri 30 ~~ ()f'stUdy ~ 10 yeat8 o;fo~ enViiontnontll review. The , . f ' ' ',' ' ., -' , proposed bridje ~ivCd federal ~io~ tn~ lm~ In late; ,1996. however.' the ," . If ',~. 1 /'l ,. " , 1. . I ... ". ~; , Departn1ent of,lnteriOrlNBtior.al Park SerVice (OOJINPS) reversed earlier federal support . , I ~ 1 '.. ~ , ahd blocked p~tO cOnstruct the ~ bridge~ > The two ~ ~ballengCd ~ DO~ , 1 ':l' > ~ . . . action inf~~1a1 c~ contending that ~ did,~ grant the foderahgenciea"authority to blocksuch';'-~j~:-,:, <:: - ,\ ,;-.:- ". ' ::",,', '. ",.., ,'. , I I' , . ~ . ~ . ",' "'( ,I} 1 ,,' I. J'. : I . ~I .. . , ~ .' ~ ... no...., ' , . , I, " \. ~ '.-_ I "',_ ~'.'.. : ..~.\,"~ \ ,..,~.~.. . ~{ '. ,l .s,~ ", " r '.~ I, ~ 'I' - ~ >':: ' 1,"..fI:::II:II:## '(' ":.' ,,~ ",I" '\ I- . I J , . ,', ",J" '. ~\ . I \ v... ,,\ \' ' .'. . L ~~', I J .. \" ~ ..... I I ,,' .,', J' _I, _, .. ~ '... I . , ',' ':" ; , I . . ' ," " . " . . , I ' , , . , " I" , .. ),' ""'..... , " , , ''.. 1 I , " I ~ . ~ .: " '''I , , , , "-"I-""~~-1I",'''","r't"VI'~1 ,\ I) ( , '....r'.. ~'(.,..: ....' ...".,.........<. ...f;,~J.\.'>.(.I...,\'~...\,II...,.."i..;,~~~, -;~' :..~..)-;.....':*..~,\~:.:;~':.,.;\. . f' .' I' , l: 'J ~,.: hft .. t ~. .... , ~ .' .".",.' , . , I' " I , I . I " " . " !. . i I " , ' I I' ": I . ' I . .~ ^ MwTOT,D::p COfTIm Gfe: ~a':(,612-297-4795 ~r 21 '98 7 S8 P.04/04 ,~ ' MINNESOTA DE~ARTMENT OF TRAN$PORTATION (<t>NewsR~le~se " I'"~ . Date: April 21, 1998 " " Contact:' &b McFarlfu" " Director. Public AffalTS, Mri/OOT ' , (612)2096-0369' , ,(612~ 640:4505 '(page) ) J - , \ For Immediate Release , , .. , , , , ' , ' , . ", '( "hi" ., NA TION'S DOTs JOl~' ~N:NES'OTA; AND' ,W}SC'ONSIN IN, URGlSG CONGRESS 'to ADDRE'SS, WILD AND SCENIC RIVER ISSUES : "': l ~ '.,. U' ,~ .: I.' ~ . I , ~ ~ ~ I \ .' " '_ " I 1 ST, PAUL. Minn. ..~ Tbe'nation's staledeparmlents of t~rtation:have unanimou~ly Joined'Minnesota and Wisco~ in urging QmgrtsS to i~mediacely c~ nationai tran8Port&rion policy on federal agenc~ Jurisdiction OveibridSes ~ fedefany designated "wild and scenic" . ,'~ ... '- I'" ,)0, ' . 'I ... , .. ~ J " I ... " . nve~. ,~, '~ ',' -', 1 ' - "" ' , " J , I - . -... I r The call by the ~ates is in, res~ t~ an April 13 J1lling' by U. S. ,DU~t Court Judge ~n Montgomery uPholding actioos: by the Natfusaal Park ~ice to block can.,troction of the pro}>osed I ,:' I , . . f I ~ I ~ St. Crobe River Bridge c~' Srtllwatei', Minnesota and HoultOtl, Wisconsln. - The judge's I.... l ~ l ruling has immediate ~d seiioo!i,naiioUl policy 'i~pJicationS for 35 9ther states with t:ivern , designated ''wild arid 1lciCnic....", " " , : ' . ,:' ,,' " : . . ," " , ' ' I \ '" I r .. I I ,I ,r At the American A8s0Ci~tioo of Stat~' Hi~way ~ Transportatl9n Officiitls' (AASHTO) , I, , " , ',' , -, - , , spring meeting'in Battimore~ 1'e~seDuitfves of fifty State DOTs. tlle District of Columbia and I ....',.' , I j Puerto Rico unanimouSly apPlov~ a iesOlu~R ~pportiDg Minne~tit Ind WiScOnsm in their , \ ! \ I I, H ~ " \1 ~ , I disPute with the,Natioriid Park'service. 'the tesdlution states: ' : . , r r " I ~~ ' {' '\ '~ ~,' , I ' . '\ . , ; \ I I I ~... - , \ '~ \ " . . . the American AssoCiation Of''State Highway arid T~ion Officials 8tlVngly disagre~s wiJh the rUling of the District CoUrt and opposes the- action taken by the 'Nati:onal Park Service ,t6dec~arc bndges t()be water'resOOtceS projects SUbject 19 review under the ' Wild and SCenic Rivers Act; and further regards sUch aCtion as a usurpation of authority , notspecificllny derrignated by the 'Congress; and- '.. ,'.'" ' , .- .,,' j' ( ',~ ~:: '. ~~.. I ~. _ I - .. .... "., ,(AASFITO) frods tbis issue to be 'of critical importance to natu)naJ tnmsportatronpolicy. and urges Congres,c;!w ta~ immediate action to' reaft1nn its-original intent that bridges do . not cOIlst'itute water resourc'es 'pii)jeets..underthe Wild and Scenic Rivers Act and' a.~ such are' not subject' to an! separate' envirormu~htal revieW and approval by the Deparnnent of ~he Interior and the Nafiona~ Park Service... >I, ;, i . \' - ,'"" " . : I 'I ~,J , - . _' j ,I r : The AASHrO~'so~~ti~ will be- io~~~to c.~,. 'For mofe'lnfOrm~tion on thC resolution, ('ontaer AASKfO ,ExecutiVe Di~~t()r F'ran4tis ~is at the AAS!"O tonference headquarte~ <4fll;9~ o~JY)~ MariO~' H?~ei ~13al~~,' 41o-~2..0202. ~~HTO offices in Washington, D:C. can 1>Creacltedbv caning:202-6~5800. ,', . \ .; - ,,; : ' " ' \ ' ," ~ .' l" tl~ .. ~ f J I '. ~~~. J '. ' I ~ - jo~ r',' , 'J, ' , I,"~ ': ,I , ' ., I ' 395 John Ireland Boulevol:"~! St. Po.ul,~,55l15,~'(6 T2} :29.6~3000 ,,', ',', ' ',,~, ".:j" .;.', ,J~ :':.J."" ~" :.> ;,~~~ '. ~+ ',i..., '\" I ~ : J,: " ~', , ,: .,,\ ,:', :,' " ~ 4..... ~llo.. ~'~, I I . i 1 ' , I I " I , i, I I f I ' I t , f ~ \ ~.. I'. . . . . MEMO , TO: Mayor and City Council M Diane Deblon, Finance DIrector \fJ\ April 17, 1998 FROM: DATE: SUBJECT: Lily Lake Arena Energy Audit BACKGROUND The City Council has previously authorized applIcation and receiving quotes related to the energy audit at the Lily Lake Arena, ANALYSIS The City received a quote of$ll,OOO,OO for the lighting improvements and $2,284.00 for mstallation of a capacitor. The Center for Energy received two quotes on our behalf for the water tank insulation at a cost of $750.00, The lighting is eligible for an NSP rebate of $692.00. The msulation and lighting combined are eligible for an energy grant of $5,875.00. The net city cost for lighting and insulation improvements is $5,183,00, The capacitor cost of $2,284.00 is not eligible for grant funds but would have less than a 18 month payback. CONCLUSION AND RECOMMENDATION. The City Council would need to approve the contractor (see attached quote) and authorize the work to be done before May 1, 1998 if you desire the available grant funds for the arena. . . . DATE: 4/15/98 CUSTOMER: City of Stillwater JOB LOCATION: Lily Lake Ice Arena 1153 16th Av SE hlinneapa&sldH aB414 623 . 4831 Fax 623. 4041 PROPOSAL JOB SPECIFICATIONS ;;~~"'n ,.,. "~......... .....~,........... - ItII It...~tall ell repJ,lce as per specifications from CTIE (3/24/98) new electronic ballasts and T8 lamps 1n l'xisting fixtJrcs. Lamp and ballast dIsposal is Included in cost, Bl~ assumes thnt the sund floor wlll accommodate a hft wlth plywood underlayment which will be moved as necessary,(the ice is melted for the summer), BE can assume no liability for cmy damage to the cooling pipa. C(l:-.t $11,00000 In~tall a 277/ 480V, 60 KY AR capacitor with dIsconnect at main service, This will brmg the power factor to - 94'1., Co~t $ 2284,00 ;j 1.".... I. " . " . , ' , , , The materials and workmanship furnished under this proposal shall comply with the rules and regulations set forth In the NahonaI Electrical Code and all state and local regulations goyeming such \'york. The price quoted mcludes rcqUlred In<;urcmce, and pernut and mspectlon fees Any changes in the above specifications shall be madt>, in writmg, and as eVlccnce of agreement, shall be signed by both parties. The <:ontractor shall not be held tesporunbLe or liable tor any loss, damage or delay due to causes beYond his control If the purchaser msposcs of the property by sale or otherwtse before tlu~ contract bao; been fulfilled, the full unpaid amount of the contract shall become due and pa )'able at once PUrchaSi:!T responsible for any reasonable fees incurred for collection of contract amount , A~unts 30 day" past due w1l1 be charg~ 1.5% per month interest. , All egUlpm~nt and devices Installed as a part of this proposal shall be guarenteed fO! a period of one year from date on compkhlln except as otherwise noted. or in accordance with the manufacturer's warranty, Contractor's hablht)'" -hall be hrrut('d tu the replacem(''11t of defective parts, -- 'iii CON m.J\CTOR' D.\TE CUSTOMER DATE ,-_. "-~ -".... 1-.. 1__. SIC: aBed ~tOt SCS c.S OSC: Ja~ua~~Jo~ :Aq ~uas 999 qor ~d~O:S 86/9~/vO APR-17-1998 12:42 eTR FOR ENERGY & ENVIRON 6123355888 P.02/02 Ice Arena Energy Grant Application please complete this form and return it to the Center for Energy and Env:ronmcnt (CEE) ena N3lIW ",.reno Ovmer Lily Lake Arena Strm Address 208 South Greely Street (P.O Box 146) , City Stillwater city of Stillwater "' IZIP Code ~ 55082 An Energy Grant will be provided to arena owners to reduce the installation cost for the energy improvement measures listed below, Arenas that receive Energy Grants must submit to CEE an llccepted contraetor price quote for the approved Improvement measure(s) by May 1, 1998. The measure(i) must be installed and operational by June 19. 1998, The following restrietiOD$ appl)' to the Eaers>' Grant: 1. The grant amount cannot exceed 50% of the installed cost, 2. The total grant amount for a facility cannot exceed $25.000 x (# sheets at the facllity). 3, Each energy improvement measure must have a simple paybl1Ck often years or less. 4, The Energy Grant will not exceed an amount that will result in a payback on the improvement package of less than 2 years, 5. Available utility rebates must be included in the Energy Grnnt calculation. 6. The lU'ena owner must provide at l~ 50% of the total funding. The funding from owners can come from utihty programs, but it can not include State grant Or loan program sources. . An Energy GraDt is requested for the following measures: I Total I Cost I $750 I I $11,000 I ~' .Sil.7S0 I Enc'lY Granti I Total.llldudlD! EDerp Gnnt & UtiIity Incentivesl $11,750 I Interested I ImProvement IInsulate Ho~ Water Sto~e Tank Li tin Im"rovements.' Energy Improvement Measures I Pavblck. IDeludhl~ ED'''' Grant IlOd Utility Incentwes.:l R,ffl'ulrt.d Areua Owner Fundiul[: I · this payback may be reduced by implementing .no CO:.t" opcnUion ~d maintenance measures ~ j^uthOnzed AmIa Represenll1t1v~ Slinacure Title Utiltty I Rebate SO I $6921 $6921 I $69~ I A.... I A...,I I Cost Savin5ts $750 $91 I $10,308 I $659 I $11,OS8 I $150 I $5,875 I 55,183 I $75{l I Payback wf rebate 8.2 15.6 14.7 6,9 years $5,183 I Dare c_ f" '1!:;;"iroz:;:ro fr ~ ev7 !1 q ~CN 'r I"'. Y-!n! r g' j/ /I I" The State of Mmncsota has appropriated $470,000 to develop and implement this program Funchng was approved by the Minnesota .cgiSla~re, 1995 Minnesota Laws, Ch. 220, See 19, Subd, 1 1 (\I) as recommended by thl: Lcgislative Commisslon on Minn(..'Sot3 Resource~ om OtIR~Il.~~~ was selected through an open proposal process. 4117,'98, 12:27 PM TOTAL P,02 . . . APP-17-1998 12:41 CTR FOR ENERGY & ENVIRON 6123355888 P,01/02 . CENTER FOR ENERGY AND ENVIRONMENT 100 North 6th Street, Suite 412A, Minneapolis, MN 55403-1520 FACS~ECOVERSHEET TO: The attached grant application verifies eEE's commitment to proVlde a grant for half of the cost of the energy saving retrofits that are planned for Lily Lake Arena I will pass along bids for the insulation work and feedback from NSP on the increased lighting cost as soon as I hear back. FROM: (612) 335-5863 (612) 335-5888 l \dOlla\101\forms'!axsht doc - '. Memorandum To: Mayor and Council From: MorIi Weldon, City Clerk Date: 04/17/98 Re: Request to appear at May 5 Council meetmg A request has been received from Tom Foley and Richard Hodsdon of the Washington County Attorney's Office to address Council on May 5 They have requested approximately 10 mmutes to update Council on the Juvenile Curfew Ordinance, . There is a 4'30 and 7 p,m, meeting scheduled. Two presentations are already scheduled for the 7 p m. meeting: Heritage Preservation A wards and a presentatIOn by a fourth grade class of a class project regarding ideas for disposal and compo sting of dog waste, Action requested: Council direction on chOIce of meeting time (4:30 or 7 p.m,) to schedule presentation of Mr Foley and Mr. Hodsdon ~ . 1 . . . LIST OF BILLS . EXHIBIT "A" TO RESOLUTION 98-97 Accountemps AMI Amoco Ancom Aspen MIlls B M S. Office Bjorkman, Todd Burlington Northern Santa Fe CBS, Capitol Communications Century College DAC Ecolab Emergency Apparatus ES Equipment Supply Co Fma Fleet G & K Services Gazette GEO Olson Gilliam, Leeland . Gopher State One Call Gordon Iron & metal Interstate Diesel Junker Sanitation Lake County Door Lakeview Lanoga Corporation Linhoff, Tom Linner Electric LMC Magnuson, David McKenzie, Don Metropolitan Council Middle River St CroiX Mil LIFE Miller Excavating Minnesota Chapter IAAI MN BAC Training & Dev MN BAC Traming & Dev MN State Fire Chiefs Asso MUnlcilite Company Northland Busmess . Quill Temp. Services Fax Service Gasoline/DIesel Supplies Uniforms Typewriter Film Processing Purchase land Copier Maintenance agreement Contract Training Cleaner Pest Removal Testing I Repair Maintenance Inspection Trucks Mamtenance Cleaning Contract Publications Sports Complex Expenses March Calls Oxygen Cylinder Sweeper Service I Garbage Bags Sold Door Repair X-ray 97TIF Hotel 125V Cord NLC Conf Prof. Services Reimbursement Sewer Service Operating Levy Fees 18 partJcipants Class #5 1998 Membership Class CJDN 1998 Dues Truck #3 Fax Repair Film Cartl Refill $ 1,494.25 158 88 370.31 443.35 544 82 195.00 2423 11,500.00 132.38 285 00 833 33 100 1 0 219 36 12,217.28 657.00 373 34 2,049,75 140.98 7,294.00 180.47 5775 21.30 4693 90,775.20 460.00 209 90 18,607.59 127 12 12.78 3000 3,73208 2000 93,108.66 3,71602 167 40 97,85 25.00 8000 390 00 14000 5700 8334 4337 Roettger, John Refund 1,77000 . Secom Speaker Repair 9186 Service Environmental Eng. Prof. Services 4,490 00 Short Elliot Henderickson Prof. Services 11,666.98 Shorty's Cleaning 6949 St Croix Office Supplies Supplies 956.06 Stillwater Ford Repairs for trucks 44.40 Stillwater TOWIng Forfeitures 290.40 The Courier News Publications 5565 Tousley Ford Rear Light Repair 109.62 Tower Asphalt 3.99 TONS UPM 421.03 TWIn Cities Service RadiO Contract 275.04 TWin Cities Transport Tow 7500 UofM Seminar 1,150.00 US Postal Service Postage by Phone 1,515.00 Viking Office Supply Supplies 138.77 Walmart Police Suppltes/Film 208.60 Washington County Recordings 44,00 Washington County Gov Center Wash Cty Maps $ 12.00 Washington County Treasurer Records/MDT Lease 3,945 00 West Group MN Session 158,69 Addendum AT&T Lease 26.77 . AT&T Telephones 8942 AT&T Wireless 19.58 Blue Cross Premiums 14,10477 Gazette Ice Resurfacer 20.41 Lind, Gladys Property Purchase 927.00 Metropolitan Council Monitoring 860.00 NSP GaslElectnc 2,031,68 NSP Street Lights 11,278,21 US Postal Service Postage 3,000.00 US West Communications Phone Usage 424.56 Total Due $ 311,49311 Approved by the City Council this 21 st day of April, 1998 . .......-..I.,J-I;: --,.' ..t"~:",~~';tttr~'-.:.lt.j,~~lr ;;~1~~'-~'Y)''''''' - -,.:. ! , I , I . STAFF REQUEST ITEM DEPARTMENT nvi. ~ NiEETING DATE DESCRIPTION OF REQUEST (Bnefly outlme what the request is) f~r ~E!-l1(,xM",,JT & ~7 I-/a-v fhJJYJ~ . ~..s - I~ ~ lA} C'/0..-<::.Jo-J?- ~~ ~3, )5' - /his 2.>(P7~ 4Jns. /7.o;::;.eOU:E: p -FRDiYl CApiJDL> OtAT),Avo -TRl)/YI /9 cri( 13 !;r,' , ' 1./ r; ?----r- - / h 7:"s.... r/" L,;,,"'~ (.?, LC- :;:f f'h. c-"" 7:AQS'"" pRFSF ,IT L ~1 I;;.) LA.,:;,~ ~ ';'''' ~:~~ Df f/AIL1;::",.T 17> A I An.~_ cS},{2p2l~C) -:==;~ /2..-1 oS J 0 - j/Jp. /EPI ~ L> h I<!f A f<c'/()!".Jrt) - -z7j;s /5 A <<;~ YryU ';O/Yl,>rvT /S5;A<f. A.S -rj,~ ol2<.s~rJT /-J'ZLrn~/..s 0.-2 WO! /J1~?/ /vFPIi SIFrIVDAk.D~ ,r)l-l?:7!--J 7A Ie., bR..~ .q .K d Ow n..J - . , I I I I I I J I , FINA.NClAL I1vlP ACT (Bnefly outlllle the costs. If any, that are assocIated WIth thiS request and the proposed source of the funds needed to fund the request) Il/fJ/Vz - AL.J:~,rAI=>/ A oDR/)I/~J/ -foR Cr; ~ ~ 2.... ()/{T"J...F. v- I I I r ADDfTIONAL INFORJvlA TION ATTACHED YES~ NO_ ALL COUNCIL REQUEST ITEMS rvfUST BE SUB(ylITTED TO THE CfTY CLERK ^ ~livlUlvl OF FIVE WORKING DAYS PRIOR TO 11 IE NEXT REGULARL Y SCHEDULED COUNCfL MEET~G IN ORDER TO BE PLACED IN THE COUNCil. MATERIAL PACKET SUB~UTIEDBY RJ~f2;AD2 ~Tcj};<l DATE "y- /L/-CJf! . ~~ --,~~~- or. I..... ......"'--J.i.:.~.... ~,,~"__----.:lInII'~~_~ ~_..- __ -..o.ur......~.lA.~~. ",-,/ - ".' . ,.', c, - . . y ~~.- - - -. ~.. -- - . . ,..... - . ... - . -,.~ - - ~.. --. ~ ~ J" ~ ~. ...~1'""t..-...c;..~'.\.:o -:~-~~~.;-~~..!:'\-;:_~ ~';.""'...::.".::- ~ ::: -i.::-r~.':.?c'J..~..v--''''' i__ <;:..~~~ ''?~~.:...:.....};t'':..;.!:!'("'~S\.~':.r.~...?~", ~'.F-."1 ~"'~r:;';''''~~;;;~~--~r A~.;" > ."_ ~.. ..#_;.".....:1 ~".-::'-.... ~:j:.J.:.;~:;:.,{ .:, -.'\-~;.~.i?? :";o-~~"; ;-'Z'(, ~.: "'-::Q-' ,"-,; ra' TAT} I Q-N ~5~~~~.::~:><~.:~g:~'~~~~~'."1>", -~ ,,;.:, - - ~ ::~ ,;--~'-~ . - ~:~2~lti~r~~{h~l!::~~~~~;~]Z~~~0~:,~g~::t,AL::~~1 ~ ._~.~~~,,,,"~ . '5~iR~':'7;t~~ ~5~{;!&~~~,-~ ~~:: _ ,,_~.~';L:'~':.~~ ~ .. '.'" .' Clarey's SAFETY EQUIPMENT, INC. SAFETY IS OUR BUSINESS .., . .- ii" .----7/- . iFf f,e, I'G By (!Atlol~ )/ct;~~ S3L/--~LJ--O/ --..J () 12167TH STREET N W . ROCHESTER, MN 55901 r-: Is,'1 ( ~U~'w . J.r('f {oJ'A-~1i Y<..:> -1( RIZ.- J,;2fIT . I I Telephone .3:;/- 49S'2J ~ We are pleased to quote as follows Your InqUiry QuanbtiW~ I ' ' : ~:. " : - -,':. '. ,- ..:; oes~riptJon ,~ 31 -Lu1/,4/2 ~ ~,.~~ ~!n;;:T (t!elol:.. ~ ljtJUlC-. (!-d6/~) ..tuJIA"'1..~ dE/M&C-./ ~AJ':::' (~/f7R'€'-j 31 71-/ .;I~/m ~-i- ~.J/S (y;/u -H1fJF=.S J .-T!~~:' aoo;J ) f;Jrll~ / $11G<- Uc7TlutS ,-r -A 'I * :YI1~PJ";J ~ J'J alu lJ I6IA L LOCAL 1-507-289-6749 IN MINNESOTA 1-800-558-8009 OUT-OF-STATE WATTS 1-800-624-5526 P&G2~6JO 2......97 InqUiry No Date Terms Prices quoted are FO B Delivery II '-, Pnce .' ~ gr al0 /" 7.J .:2./. -~t.L -"J cC 0) .- .Q/l.-. ~Tt 1: I '-' Amount ~ 3;/..93 .:- - I:::::; g (jd-:- ILlg.~O ~ 1413 P' ./ Lid ~3.. ~ J . . . RESOLUTION NO. 98- APPROVING RENEWAL OF MINNESOTA PREMISES PERMITS FOR GAMBLING TO B.P 0 ELKS NO 179, STILLWATER, MINNESOTA, FOR LOCATIONS AT THE ELKS LODGE, 279 EAST MYRTLE STREET, LOGGERS, 231 EAST MYRTLE STREET, AND JOHNS BAR, 302 SOUTH MAIN STREET WHEREAS, B PO Elks No 179, StIllwater, Mmnesota, has submitted an application to the City of Stillwater requesting City approval of Minnesota Gambling Prermses Permit renewal applications, and WHEREAS, representatives of the organizatIOn demonstrated that the organizatIOn IS collecting gambling momes for lawful purposes, NOW THEREFORE, BE IT RESOLVED, that the City of StIllwater approves of the gamblmg license requested by the organization for three Elks gambling operations at Loggers, 231 East Myrtle Street, StIllwater, Minnesota; John's Bar, 302 South Mam Street, Stillwater, MInnesota, and the Elks gambling operation on the Elks premises at 279 East Myrtle Street, Stillwater, MInnesota. The Mayor and City Clerk are dIrected to sign the acknowledgement on the permit applIcation, and are to attach a copy of this Resolution to the applIcation to be submitted to the Department of Gaming Adopted by the CIty Council for the City of Stillwater thIs 21st day of April, 1998, Jay Kimble, Mayor Attest MOrll Weldon, City Clerk West STATE OF MINNESOTA GAMBLING CONTROL BOARD PREMISES PERMIT RENEWAL APPLICATION I FOR BOARD USE IAMT PAID ! CHECK NO. I DATE ONLY! ! ! . LG214PPR PRINTED. LICENSE NUMBER B-01058-00l EFFECTIVE DATE: 07/01/96 EXPIRATION DATE' 06/30/98 NAME OF ORGANIZATION: Elks Lodge 179 Stillwater GAMBLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED Elks Lodge 179 279 E Myrtle St Stillwater 55082 COUNTY Washington IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?' Y LESSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE?: No IF NO, LIST THE LESSOR, Richard Kircher 1410 S Greeley St Stillwater MN 55082 NAME OF PROPERTY OWNER (WHEN NOT LESSOR) o AMOUNT PAID FOR RENT PER MONTH' AMOUNT PAID PER OCCASION: o . SQUARE FEET PER MONTH SQUARE FEET PER OCCASION 29 BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT 279 E Myrtle St Stillwater MN 55082 /I IV .0 STORAGE ADDRESS /:2 t'7l' "rC/l-I'pW):!" 0',/ L-l.-lA.-/ /7- T~ /(/ /'1 A/, /9 U6 /V. s:s-o .f' 2... BANK INFORMATION Firstar Stillwater 231 E Chestnut Stillwater MN 55082 GAMBLING BANK ACCOUNT NUMBER, 834300499 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. L. t; tVN'AtZ r ~ Nr;J/;:.'12.. s.s L'/V /1t;'1D /1/, 1"'1 C/(t.t!>/<:..f( r( 1/ 5Ih/...d.t;A:ll3:~ rvt/. 5YL',j'-z. Gti'J , t-/).~I f-I/...lI?5c/IJ c;70S;-P6tVFIt;LP /lyE IV,: ST7LL-W.J;-T79~...:~JAI 5"":>-of7- /)-$S;-: c::.-/V/ . (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST ACKNOWLEDGMENT GAMBLING PREMISES AUTHORIZATION .REBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS HE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE,; ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED, I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION, I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE, I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. SI~TfJRE 0: C~~ ;:XECUTIVE OFFICER ~&~t;1AA./7 . GOVERNMENT ACKNOWLEDGMENT 1 THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2, THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION 5. A COpy OF TBE LOCAL UNIT OF GOVERNMENT'S ~ESOLUTION APPROVING THIS APPLICATION MUST B~ ATTACHED TO THIS APPLICATION, IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVE~lENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD, TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES TK~T THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. ;;; riP P 3 4 6 CITY* OR COUNTY** TOWNSHIP * * CITY OR COUNTY NAME TOWNSHIP Nl>.ME SIGNATURE OF PERSON RECEIVING APPLICATION SIGNATURE OF PERSON RECEIVING APPLICATION eE DATE RECEIVED TITLE DATE RECEIVED REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: G~~LING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, MN 55113 West STATE OF MINNESOTA GAMBLING CONTROL BOARD PREMISES PERMIT RENEWAL APPLICATION IFOR BOARD USE IAMT PAID I CHECK NO. I DATE ONLY I I I . LG214PPR PRINTED LICENSE NUMBER: B-01058-005 EFFECTIVE DATE 07/01/96 EXPIRATION DATE: 06/30/98 NAME OF ORGANIZATION: Elks Lodge 179 Stillwater GAMBLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED Johns Bar 302 S Main St Stillwater 55082 COUNTY Washington IS THE PREMISES LOCATED WITHIN THE CITY LIMITS? Y LESSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE?: No IF NO, LIST THE LESSOR, Robert Hinz 293 150th Houlton WI 54082 NAME OF PROPERTY OWNER (WHEN NOT LESSOR) . AMOUNT PAID FOR RENT PER MONTH. 1000 AMOUNT PAID PER OCCASION . BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT SQUARE FEET PER MONTH. SQUARE FEET PER OCCASION: 2-9- ~7 o 279 E Myrtle St Stillwater MN 55082 fi /III.? STORAGE ADDRESS /-;.y 70 ~rch'/Pd/E /9V'6 ,I\/. 5 TI L-L c.v}). n3 ~ ;Y\ N.. s-S-o J' z BANK INFORMATION Firststar 1530 E 79th St Bloomington MN 55425 GAMBLING BANK ACCOUNT NUMBER 834300499 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS LE#A/I1R / !9/ICFRbSON 1I<...,-y.(J IY J'1c lIuSICA 1\0. , SI//..-L-t<.//J rEI?.., /"1# ..s~-t} J' ~ -- - ~ ~ -.- - - - . '--' / / C;... /":1, r;;..,4f\Y /./c-lDS-VN )-?l'~_,t:.[)jFII;-Lj7 ~t/E. /1/. STi'-Lt.vA-Fp/Z... /YW ..>--S-vd'z A..$SI, C;"" M. . (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST ACKNOWLEDGMENT GAMBLING PREMISES AUTHORIZATION ~REBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS ,., THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARDj ALL INFORMATION IS TRUE, ACCURATE AND COMPLETEjj ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSEDj I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATIONj I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTEDj I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEMj ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE j I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT, SIGN~TFE 0:: fPb~EXECUTIVE OFFICER /i,V~~~~~~ ~ GOVERNMENT ACKNOWLEDGMENT ~-~E CITY* MUST SIGN THIS APPLICATION IF THE G~~LING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. 5. A COPY OF THF; 10rAL UNIT OF GOVF.~~~~'B ~E~OLUTION APPROVING THIS APPLICATION MUST B~ ATTACHED TO THIS APPLICATION 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES Ta;T THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. DATE / # (7~J>< ./ - ~ I CITY* OR COUNTY** TOWNSHIP * * CITY OR COUNTY NAME TOWNSHIP N~.ME SIGNATURE OF PERSON RECEIVING APPLICATION SIGNATURE OF PERSON RECEIVING APPLICATION .E DATE RECEIVED TITLE DATE RECEIVED REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, MN 55113 West IFOR BOARD USE IAMT PAID I CHECK NO. I DATE STATE OF MINNESOTA GAMBLING CONTROL BOARD PREMISES PERMIT RENEWAL APPLICATION LG214PPR PRINTED, LICENSE NUMBER: B-Ol058-002 EXPIRATION DATE: 06/30/98 EFFECTIVE DATE' 07/01/96 NAME OF ORGANIZATION: Elks Lodge 179 Stillwater GAMBLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED Loggers 231 E Myrtle St Stillwater 55082 COUNTY Washington IS THE PREMISES LOCATED WITHIN THE CITY LIMITS? Y LESSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE?: No IF NO, LIST THE LESSOR: ik......:. ':;':'--c::kermAn A LL./hV ANt?E,f s c/v g,H Triangle Br 1'17 r 3 ~ /3(> -& S To AI. Ron' te'.l'. -;;:;:;'" V 02 SilL- l- ~u.A- T5 R /VIAl. ::>~ -03 Z- I NAME OF PROPERTY OWNER (WHEN NOT LESSOR) : AR Kircher SQUARE FEET PER MONTH: SQUARE FEET PER OCCASION: 27 AMOUNT PAID FOR RENT PER MONTH: AMOUNT PAID PER OCCASION: o ONLY I I I e 80~. BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT 231 E Myrtle St Stillwater MN 55082 STORAGE ADDRESS /::< f 70 e Tc# IPvtJ 13: ~(/ b.. /11. :::> Tf l-l-VU/9-TG~,1 /'~.AJ. S-!5-P J''Z.. BANK INFORMATION ..t9/\JD Firstar 231 E Chestnut St Stillwater MN 55082 GAMBLING BANK ACCOUNT NUMBER, 83430048 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS, L.EN/;I~A T /l;iJv/.n~ ,5C// //5'/0 /V'.. /'1 cKU s./C 11 t?O 5 n Lt--~'v/1-n0.. /""1N S:'::>"7..':I;!... , ._. ( , b-,~- ?A P Y /1~iV.:sC'/v !::>-7t,'S- prA/rJ/=L/..) /l-t/;3:,1v., Sl7L-L-?<..//J-TE/I( f""'JN ,'.:,-s-oJ'Z /r~r: ?, M- - .- - - I ' (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) . THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST ACKNOWLEDGMENT GAMBLING PREMISES AUTHORIZATION ~REBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS HE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, T NTER THE PREMISES TO ENFORCE THE LAW BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMP.TION IS TRUE, ACCURATE AND COMPLETE;; ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED, I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOC.zu' UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT, SI4~E O~. 9fb;);7Et..:U'l'IVE OFFICER ---1iY-~f/~L-r~~ ~ GOVERNMENT ACKNOWLEDGMENT III'THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS, 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. A COpy OF THE T,0CAL UNIT OF GOVERNMENI" 8 :P,EBC)LUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. DATE 11/&'ir 3 4 5 6 CITY* OR COUNTY** TOWNSHIP * * CITY OR COUNTY NAME TOWNSHIP NAJ"1E SIGNATURE OF PERSON RECEIVING APPLICATION SIGNATURE OF PERSON RECEIVING APPLICATION .LE DATE RECEIVED TITLE DATE RECEIVED REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, MN 55113 - Elks 1997-1998 Donations Alzheimer's AssociatIOn American Cancer SOCIety Amencan DIabetes AsSOCiatIOn of MN Amencan Lung ASSOCIatIOn ofNfN (We-no Wheeze Camp Super KIds) American Red Cross American LegIOn AUXilIary (Poppy Sales) ARC St CrOIX Valley (Retard CItizens) Big WoodslBlg PlaInS (IndIan Culture EducatIon) Boy Scouts of Amencan (Tomahawk Youth Camp) BIg SlsterlBlg Brother Bill Fletcher (Grandson) Campfire Boys & Girls Camp CommunIty Volunteer Services (Meals & \Vheels) Children's Home Cnsls of WashIngton County ChIldren's HeanlInk DARE - Stillwater PolIce DIsabIlIty Hockey Team Dakota Co Tech College (Student AJd) Eastern Star (Order of Chapter 63) - Hope Deuce Elks K1ds ChrIstmas Party Elks Bus to Camp East Metro Women's CouncIl ELK's lvfN Youth Camp Friends of Park (Afton State Park) Family ServIce of St CroiX Family Violence Network Lake Elmo Graffite Club Greater St Paul Retired & Semor Volunteers Girl Scout of Amenca Grand Lodge (Red RJVer Elks Flood Rel1et) Greeder Electric (Youth Camp) House of Chanty Human Services Hoelscher, KC (Tnp to Germanv) HibbIng Lodge - Kathryn Kless ( Cancer) LeukemIa Society of America Make-A- Wish Nat'1 Frre Safety COlIncd (Sttlhvater, Bayport Depart ) RIver of Hope ClaSSIC (Amencan Cancer) NurSIng Home VISit /- -" -0- $200 00 5500 00 $300 00 $500 00 5500 00 5150 00 5200 00 5100 00 $200 00 52,843 48 5250 00 5100 00 5250 00 5100 00 53,61475 5100 00 5100 00 5800 00 52,000 00 5150 00 5350 00 51,650 00 5150 00 5550 00 5100 00 5120 00 5250 00 5200 00 51,00000 5403 00 5200 00 5950 00 51,80000 51,20000 $1,00000 550 00 5400 00 5195 00 550 00 55,000 00 . . . dlvation Army S1. Croix Animal Shelter S1. CrOIX Area United Way S1. Croix Valley'GIrls Fast PItch Assoc espirit of ChrIstian Youth (Habitat for Humamty) S1. Michael's Church (Teddy Bear for Tots) Suburban Law Enforcement Assoc Stonebndge Elementary School (EqUIpment for two gIrls) StIllwater Schools High Float Tennis Club Swim Club HIgh School Partnership Plan High School Tnp to Washmgton D.C. Ski Team Stillwater (Stylus - CreatIve Arts & PublicatIons) Lake Elmo Oakland Jr. HIgh Trade Lake Camp TIP Turn m Poachus United Cerebral Palsy Young LIfe .Vanty ChIldren Assoc. Mpls Cancer for KIds March Pat Jensen Science Museum of MN Kennedy HIgh School Lloyd Pollonais Spirit of ChristIan Youth (Habitat for Humamty) Salvation Army Adult Rehab Center Alzheimer's Assoc -0- Girl Scouts Boy Scouts (Individual Council) Aslemum Church Choir (tnp to England Group of All Churches) Dave Clemmens (Gamblmg Class) Tom Hoelscher (Gamblmg Class) TOTAL ~ ii/3,= CV1~ ~ ~J ~~r-T ~~~, $300,00 $125,00 $100.00 $100 00 $100.00 $300.00 $500 00 $970 00 $500.00 $100 00 $100 00 $1,000,00 $100.00 $300.00 $250 00 $250 00 $250,00 $400:00 $200.00 $100 00 $500 00 $600 00 S50 00 $500.00 $200 00 $500 00 -0- -0- $300.00 $200 00 $500,00 $500,00 $200 00 S 1 00 00 $100 00 $39,171 23 - RESOLUTION NO 98- APPROVING FULL-TIME EMPLOYMENT OF KA THERINE ROGNESS AS RECEPTIONIST/CLERK TYPIST BE IT RESOLVED, by the CIty CouncIl of the City of StIllwater, Minnesota, that the full-tIme employment of KatherIne Rogness as ReceptiOl11st/Clerk TYPIst, from and after May 4, 1998, for a probatIOnary perIod of six months, IS hereby approved; and that as compensation for serVIces the said Katherine Rogness shall receIve wages and benefits as specIfied m the agreement between the City of Stillwater and AFSCME Local 517, Council 14. Adopted by the CouncIl thIS 21st day of April, 1998 Jay KImble, Mayor Attest MorlI Weldon, CIty Clerk . . . STAFF REQUEST ITEM .ARTMENT: Englneenn8 DATE: DESCRIPTION OF REQUEST (Briefly outline what the request is): Purchase survey equipment' level, tnpod, rod, tape Bids on level MnBlue Topcon $1,35000 Sokla $1,38500 Grey Survey Topcon $1,61000 ... - Pentax $1,50000 .-... .ANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) All listed Items have a total cost of $2,000,00 Budgeted amount. $4,000 00 ADDITIONAL ITEMS ATTACHED: NO YES X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET .MITTED BY / ~-_:.. (;. Klayton Eckles, City Engineer DATE. Apn121,1998 ApnI15,1998. ~PR-I0-88 FRI 12:35 P.01 1VIi...~... Blue Digit.al ' :ZOO I E.1St 24th Street Minneapolis, MN 55404 FAX Date. April 1 0, 1998 Number of pages includmg cover sheet 1 I .1 I I ,. I IIIII I II I I ,I " To: From: Tim Moore Stlllwater CIty Of Bob Fowler !.linn Blue Digital Phone: (612) 430-8800 Fax phone: (612)430-8810 ee: Phone: 7~2.2303 I 1.S00.:::9~4130 Fax phone: 1-612.722.2958 ".1 " "I. II I I, REMARKS; o Urgent o For your revIew 0 Reply ASAP o Pka.c,~ comment Sokkia auto level #I 7382-60 $ 1385.00 Topcon auto level 4# ATG2 $ 1350.00 Fiberglass tripod heavy duty quick release 41 60WDF20 $ 146.00 Loose leaves level type 11 8163-50 $ 2.90 SBt Pocket tape 26' metric/engllsh /I 2338CME $ 21.00 Fiberglass 25' metricl english level rod 4# 8073.67 $ 189.00 . .,111 "'" ,,, j" , I ,,, I _ I " I ,; I ,II .01. ;1 I I I" '" ,,, .11 . . . . . . No 98-22 $40.00 .' GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington WHEREAS, St. Croix F encmg has paid the sum of Forty and 00/1 ODs Dollars to the Treasurer of sald City as required by the Ordmances of said City and complied with all the requzrements of said Ordinances necessary for obtalnzng thzs /zcenses NOW, THEREFORE, By order of the CIty Councz!, and by VIrtue hereof, the saId St CroIX Fencing, 679 North Thlrd Street, New Rlchmond Wf 54017 is hereby /zcensed and authorzzed as Fencingfor the penod of one year starting Aprzl 8, 1998 and endmg Aprzl 8, 1999 subject to all the condItIOns and provISIOns of sazd Ordmances GIven under my hand and the corporate seal of the CIty of StIllwater this 21st day of April A D 1998 Attest Mayor No 98-21 $40 00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of StIllwater County of Washington WHEREAS, Pools fnc , has pazd the sum ofF orty and 00/1 ODs Dollars to the Treasurer of sazd City as requIred by the Ordinances of saId Cay and comp/zed WIth all the reqlllrements of saId Ordznances necessary for obtaznzng tIllS /zcensej NOW, THEREFORE, By order of the CIty COllnCz!, and by VIrtue hereof, the saId Pools, fne, 229 West 60th Street, Mmneapohs MN 55419 IS hereby lrcensed and authorz=ed as SWImmllIg Pools for the perzod of one year startzng Apnl 8, 1998 and endlllg Aprzl 8, 1999 subject to all the condItIOns and prOVISIOns of jazd Ordinances 1998 GIven under my hand and the corporate sea! of Ihe eIly of SlIllwater tlw 2/,1 da) of Aprzl A D AllC.\{ Ma)or No 98-20 $40 00 GENERAL CORPORATE LICENSE STATE OF l\'IINNESOT A City of Stillwater County of Washmgton . WHEREAS, Wellington Wmdow & Door has paid the sum of Forty and 00/100s Dollars to the Treasurer of said City as required by the Ordmances of said City and complzed with all the requirements of said Ordinances necessary for obtammg thiS lzcenses NOW, THEREFORE. By order of the City Counczl. and by vlrtlle hereof, the sazd Wellzngton Wl11dow & Door, 3938 Meadowbrook Road, St LoUIs Park, MN 55426 IS hereby lzcensed and authonzed as Window Installers for the perzod of one year starting Apnl 8, 1998 and endzng Apnl 8, 1999 subject to all the conditIOns and provIsIOns of sazd Ordmances 1998 GIven IInder my hand and the corporate seal of the City of StIllwater thiS 21st day of Apnl A D Attest Mayor . No 98-19 $40 00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington 1VHEREAS, Adolfson & Peterson, Inc has patd the slim of Forty and 00/100s Dollars to the J 0 d ,r d Cltv and eomplzed with all the reqlllrements Treasurer of sazd City as reqlllred by t Ie r lllances 0) sal . of saId Ordlllances necessary for obtalnmg tillS lzcellSes NOW, THEREFORE. By order of the CIty COllnczl, and by vlrtlle hereof, the saul Adoljson & Peterson, Ine, PO Bo", 9377, Mlllneapolzs UN 55.NO IS hereby lzcensed and authorz=ed as General Contractor for the penod of one ;-ear startlllg Apnl 6, 1998 and endlllg Aprzl 6. 1999 subject to all the conditIOn::, and prOVISIOns of sClld Ordlllances I 1 I I . t > I o,(tlle Cll' or Stz/htater tlzll 2 ht (hn or Apnl AD Gn'en under lilY /all( am t Ie eOlpora e ::'UI ~ .. ~ ~ 1998 Attelt Alu) ()! . . . e RESOLUTION NO. 98 - RELATING TO PARKING RESTRICTION ON S.A.P. 169-112-11 FROM GREELEY STREET (COUNTY ROAD 66) TO W ASIDNGTON A VENUE IN THE CITY OF STILL WATER, lVllNNESOT A. THIS RESOLUTION passed this 21st day of April 1998, by the City of StIllwater in Washington County, Minnesota. The Municipal Corporation shall heremafter be called the "CIty", WITNESSETH: WHEREAS, the CIty has planned the Improvement ofMSAS 112, Curve Crest Boulevard from Greeley Street to Washington Avenue. WHEREAS, the City will be expending Municipal State Aid Funds on the improvement ofthis Street; and WHEREAS, this improvement does not provide adequate width for parking on both SIdes of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be condItioned upon certain parking restrictions NOW, THEREFORE, IT IS THEREBY RESOLOVED: That the City of Stillwater shall ban the parkmg of motor vehIcles on the north and south side ofMSAS 112 (Curve Crest Boulevard) at all times Dated thIS 21st day of April 1998. CITY OF STILLWATER BY Jay Kimble, Mayor ATTEST. Modi Weldon, CIty Clerk MEMORANDUM . TO Mayor and CIty CouncIl Shawn Sanders, Civil Engmeer~) FROM DATE Apnl 14, 1998 RE No Parking ResolutIOn for Curve Crest Boulevard SAP 169-112-11 Project No 9803 DISCUSSION Curve Crest Boulevard from Greeley Street to Washmgton Avenue Will be rehabilItated thIS summer with a 3" mill and bitummous overlay. This segment ofroad IS designated as Municipal State Aid Road and must meet State Aid reqUlrements before approval of plans of specificatIOns One requirement IS a CouncIl resolution designating no parkmg on the north and the south side of Curve Crest Boulevard from Greeley Street to Washington Avenue. ThIS designation was not needed when Curve Crest Boulevard was ongmally constructed twenty years ago but now is required as part of the plan approval . RECOMMENDATION Staff recommends that CouncIl consider and approve the resolution to restrict parking on the north and the south side of Curve Crest Boulevard from Greeley Street to Washington A venue. An approved CIty Council resolution is reqUlred for State Aid plan approval ACTION REOUIRED If Council concurs with the recommendatIOn they should pass a motion adoptmg Resolution No 98-_, RELATING TO PARKING RESTRICTION ON S.A.P 169- 112-11 FROM GREELEY STREET (COUNTY ROAD 66) TO WASHINGTON A VENUE IN THE CITY OF STILL \V A TER, MINNESOTA. . . . . ~i~tyy~te~ THE BIRTHPLACE OF MINNESOTA i) 2 REQUEST FOR INSTALLATION OF BANNER APPLICANT ~ Z ;n~ - (j /) - ) ORGANIZATION A.L. ~ ~~ 0~/ ADDRESS t?t).5crL ~()5- TELEPHONE Z/JCj-3R,~X I I . . 3 4 ACTIVITY BEING PROMOTED BY PROPOSED BANNERS O()-t!J ) tH -tJu (~ Uay) o () 0 5 BANNER LOCATION REQUESTED D D ~ Main Street at Olive Street (Mad Capper)* North Mam Street - 100 Block (Kolllners)* Chestnut Street at Union Alley (Flrstar Bank) 6 "MnDOT APPROVAL REQU7ED FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED ~ J;;L) 11 - //1* COMPANY INSTALLING BANNER: ~-M ~ ., t' Addressdd;) ~ &- Phone Lj39~6fr;~Lj 7 FOR OFFICE USE ONLY D CIty o MnDOT Date Date (Required for Main Street Locations) Installer verification Date BANNER REQUIREMENTS ATTACHED CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 612.439.6121 STAFF REQUEST ITEM DEPARTMENT: Parks DATE: Apn121,1998 . DESCRIPTION OF REQUEST (Briefly outline what the request is): Request to hire Tncla Markfort for seasonal employment this summer Tncla worked for the parks department last fall Start'n8 salary IS $9 00 per hour and the starting date Will be May 26th FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Budgeted for under part-time sa lanes for 1998 ADDITIONAL ITEMS ATTACHED: YES X NO ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET SUBMITTED BY~ ~-~//J -QATE: Tim Thomsen,- Parks Director /~ Apnl 15, 1998 . . . . . RESOLUTION NO. 98- APPROVING SEASONAL EMPLOYMENT OF TRICIA MARKFORT - PARKS DEPARTMENT BE IT RESOLVED, by the CIty Council of the City of Stillwater, Minnesota, that the seasonal employment of TricIa Markfort, from and after May 26, 1998, is hereby approved, and that as compensation for services the said TricIa Markfort shall receive the sum of $9 per hour Adopted by the Council this 21st day of May, 1998 Jay KImble, Mayor Attest. Morh Weldon, City Clerk STAFF REQUEST ITEM DEPARTMENT: Parks DATE: Apn121,1998 . DESCRIPTION OF REQUEST (Briefly outline what the request is): Request to have the TennIs Court Doctor apply a filler coat and color coat to Ramsey Park Basketball court _ Cost $2,65000 Also to have them Install the basketball post and back boards at Staples Field and do the same filler and color as Ramsey Park Cost $6,250 00 These quotes are from last f~1I an~_ the !Jnce will not chan8e for this spnn~ This company has done our basketball courts and tennis courts for the last seven years and they do excellent work ~ .. . FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) C/O money was carried over from last year . ADDITIONAL ITEMS ATTACHED- YES X NO ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET SUBMITTED BJ~ ~/N/1 ~ Tim Thomsen, Parks Dlrector'-U--V DATE: Apnl 15, 1998 . . PAGE 13<: . STILLWATER pARKS ~ ~ C/O: TIM THOMSEN: PARKS DIRECTOR ~.:P'" AS PER OUR DISCUSSION ON DECEMBER 16TH 1997: RECREATIONAL SURFACERS WILL PURNISJ{ ALL MATERIALS, LABOR MD APPLY OtJ'R JW;URPACINC E."<PEJtIENC2 A.'ID KNOW HOW TO 00 THB FOLLOWING IWORK ON THE BASKBT8ALL FACILITY IN STAPLBS PARK: 1. PROVIDE & INSTALL BLACK ... SQUARE STEEL 8ASXBTBALL SYSnM: _ 6' EX1'ENS J QN HAD!! Of' .. S1'BEL: COLOR Sl.ACK _ veRTICAL pOLE Sf'.ALL BE AIR DRIVEN 6' INTO GROt'ND _ A RECTA~ULAR ACRYLIC BACK90ARD (48"x54") - A PRES SUR FLEX BRBAKAWA Y GOAL ::. CLEA."i .o\ND SCAAPE THE EXISTING NB'W ASPHALT MAT. 3 APPLY ONE BLACK ACRYLIC FIllER COAT OVER THE ENTIRE BASlOITBALL COURT SURFACE. THIS PROCESS PROVIDES THE SURFACE'S UNIFORMITY A.l>.'D "'l..!~ ~ /I.'" ~lNC ACI!.'rr POR St!CCESSIVE (\CttYLIC COATS. THIS COAT DRYS HARDER. HOLDS MORE SAND I WILL NOT SHRINK LIKE ASPHALT EMULSION SURFACING COATS. ... APPLY rwo COLORED ACilYLIC PILLE!t COATS OVER TH'E RNTIltE B-BALL COURT 5URl'ACE _ TalS PIlOCESS PROvtD2S TEX"MJRING RESULTING J~ IN-DEPTH COLORING. (twO COLORS) 5. A~PLY ONE ACRYLIC TOP COAT OVER &~IRB B-BAlL COURT SURFACE THIS PROCESS PROVIDES nm SURFACE'S DURABILITY" LONGEVITY. 6 TAPP. AND HAND PAINT THE PLAYING LINES TO REGULATION. 3-pOtNT ARCS (COLLEGB ) fOR THE St.'M OF: SIX THOUSAND ~ IiUNDRED & FIFTY DOLLARS U6.250.00}J1 " PA~NT PL'E UPON CQWLETION .. ACCEPTA.-.cH RECREATIONAL Sl'BPACERS POOVIDHS THI! CR..~SHIP )liCBSSARY POR THE PROPER INSTALLATION OP BASKETBALL SysY!:HS ~ StJllPACBS. W '~A."ID BeHIND OUR WORI01ANSHIP A.'I/O THE PRODUCTS \ow:; USE. PLEASE SIGN TIre ABO PROPOSAL AND SEND IT BACK SO I WILL 8E ABLE TO SCHEDULE VOUR eI PROJECT IN nm SPRING OF 1998, 51 'I' ~ I .. ", ~ , . .. , l >.~,. . ,,\\ \ 1. Reereatioftal Surfaeers · UOOS Third Avt. N. · Mlnn.aJO"aL MM 15441 '. 6U.s4S.7946 1J4/15/1':58 35121:44 PAGE 135 . STILLWATER PARKS: c/o: TIM THOMSeN PARKS DIRECTOR AS PER OUR DISCUSSION ON 1-5-98: RECREATIONAL SURFACERS WILL FURNISH ALL MATERIALS. LABOR AND APPLY Olm SURfACING EXPERIENCE AND J<NOW HOW TO DO THE rol..l.OWlNG WORK ON THE SINCLE BASKETBALL COlJRT IN RAMSEY PARK: ~~.~~ 1 ClEAN ANI> SCRAPE THH EXISTING ASPHALT HAT. POwER "'ASH SURFACE AS NEEDED, 1CAL/MIN I 5500 PSI) 2 APPL'f ONE ACRYLIC RESURFACER COAT OVER TIlE ENTIRE B-BAU COURT SURFACE. THIS PROCESS PROVIDES THE SURFACE'S UNlPORMITY; ACTS AS AN BONDING AGENT POR SUCCESSIVE ACRYLIC COATS. THIS COAT DRYS HARDER,HOLDS MORE SAND " WILL NOT SHRINX OR PEEL AS 00 ASPHALT El'fULSIONS 3 APPLY TWO S.um JlORTIPIED ACRYLIC COLOR COATS OVER THE ElIo'7J!{E a-BALL COURT SllRFACIi TlHS PROCESS PROVIDES TEXTURING VIA SILICA ~AM) RESt:LTING IN IN-DEPTH COLORING j'l'VJO COLOBS) ~. APPLY ONP: ACRYLIC TOP COAT OVER ENTIRE B-BALL COURT SURPACE. THIS PnOC~SS PROVIDES THE SURFACE'S DURABILITY' LONGEVITY. 6 TAPE AND HAND PAINT THE PLAYING turns TO tlFCUI..ArION 3-POIST ARCS jCOL~5CE) . FOR THE SlJl'\ OF: ~o THOUSAND SIX ~DRED & FIFTY DOLLARS ($2.650.00)W · PAYMENT DUB UPON COHPLETION , ACCEPTA."'lCE RECREATIONAL St'RFACERS PlIOVIDES THB CAArntANSHIP NECESSARY FOR nm PROPER INSTALLATION OF ACRYLIC B-BALL COURT SL'RPAcr/'oSC, "'E ST ~ BEH I Nt) OUR ~RI<MANSH I P AND Tim PRODUC7 WE TJSH. RECREATIONAL SURFACERS SURPACES WELL OVER 100 RECREATIONAL AREAS p~ YEAR. THE END RESULT IS A S(,JpBRIOR BASKETBALL COURT SURFACB UNHATCHED IN CRAFTMANSHIP , Dt~ILITY. R!CRBATIONAL StlRPI\CERS' CUAIUNTBE EXTHHDS ONE 'i!.Ul , COVERS CHIPPING' PEHLTNC OP THE SURFACE. PLE-"SH SIGN THE AroYl! PROPOSAL AND SBSD IT BACk SO 1 WILL BE ABLE TO SCHEDULE THIS PROJECT ..ITH STAPLES PAJUC IN nm SPRlfo<G OF 19913 INSTALLATION. 5J , , , ., . ~ . RetftatlonaJ Surlaten ' l1DO( Third Ave. M. . Wlnu.DOlh. M1lf CUff . t.f~c.."Q4' . ,I' .,' . "ll. . . . . ~~ , ~ c.. ~ ' 11 , . . . RESOLUTION NO. 98- ACCEPTING PROPOSAL OF TENNIS COURT DOCTOR FOR SERVICES AT RAMSEY PARK BASKETBALL COURT AND STAPLES FIELD WHEREAS, Tenrns Court Doctor has offered the followmg proposal. Apply filler coat and color coat to Ramsey Park Basketball Court at a cost of $2,650, and apply filler coat and color coat and install basketball post and back boards at Staples Field at a cost of $6,250; NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the proposal of Tennis Court Doctor is hereby accepted, and the Mayor and appropriate CIty staff are authorized to sign said proposal. Adopted by Council this 2Pt day of April, 1998. Jay Kimble, Mayor ATTEST' Modi Weldon, City Clerk RESOLUTION 98- EXTENDING FIRE PROTECTION CONTRACTS WITH TOWNSIDPS OF STILLWATER AND MAY, AND CITY OF GRANT BE IT RESOLVED by the City CouncIl of StIllwater, Minnesota, that the fire protection contracts between the City of Stillwater and Stillwater Township, May Township and City of Grant, for the penod of May 1, 1997 to April 30, 1998, are hereby extended to August 31, 1998. Adopted by CouncIl thIS 21 st day of April, 1998. Jay KImble, Mayor ATTEST' Morh Weldon, City Clerk . . . MEMORANDUM . TO. Mayor and Council FR. City Coordinator RE' Household Hazardous Waste collection DA Apn117, 1998 DISCUSSIOn I have been working with Washington County HELM to sponsor a household hazardous waste collection event in Stillwater. The event has now been scheduled for May 16, 1998 and wIll be held at the LIly Lake complex parking lot The City is being asked to provide a staff person (and a forklift) to assist in the collection program I have talked to the Public Works DIrector and he will arrange to have a staff person and a forklIft at the site The County will reimburse the City in the amount of $150.00, which should about cover our costs. The County is also asking that the city issue the attached "License to Use Real Property" for the event. I believe this program is benefiCIal to CIty residents and I would recommend approval. . RecommendatIOn: Council approve CIty participation in household hazardous waste collection program and Issue license to use real property to Wasrungton County. /)IP . WASHINGTON COUNTY DEPARTMENT OF HEALTH, ENVIRONMENT AND LAND MANAGEMENT GOVERNMENT CENTER 14900 61ST STREET NORTH, POBOX 3803 . STILLWATER MN 55082.3803 OHlce (612) 430.6655 . TOO (612) 439-3220. Facsimile Machine (612) 430-6730 Mary L McGlothlin Director Rose Green OHlce Manager . Apnl 8. 1998 lifT a rrn -.... ~ ~ ~ / Nile KrIesel CIt)' of Stilhvater 216 North Fourth Street Stilhvater, rvfN 55082 Dear Mr Knesel Thank you for your willmgness and cooperatIon m hostmg a ~ousehold hazardous v\aste (HHW) collectlOn In Stilh\ater at the Lily Lake Ice Arena The HHW collectIon WIll take place on M:lY 16, 1998 from 9:00 :l.rn. until 1 :00 p.rn Contractor staff \V1ll be on slte no later than 7 30 a m on the day of the collectIOn and should be off SIte by 3 00 - 4'00 P m Enclosed yOU wIll find a LIcense to Use Real Property ThIs must be signed by your CIty offiCial and . rehlilled to me as soon as possIble The license v\111 then be sIgned by our County Board chaIrperson and a COpy wIll be returned to you Washington County wIll pay the City of Stilh\ater $150 per collection event We are asking you to provIde the follOWIng A staff person to be on SJ te dunng the time the contractors are working ThIS person v\ ill be responSIble for unlocking and locking the buildmg. operatIng the forklIft (If available). assisting In handing out sun e) s to partiCipants, and aSSIstance m traffic Dovv A forklift, pallet jacJ... or sImilar equipment that \\olild enable contractor staff to move gaylords and drums onto the trucl-- It r1115 t)pe of equIpment IS not avaIlable. please contact me Rest room facIlitIes It yOll foresee <.1n) problems \\Ith the reqlle~b II~ted above ple~he contact me P In(f'O on Rt (./("" PL1 PJp,">r 15', Po" ()'N'"" t JO" AN EOUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER / o'iOH----. '~/'+/..----..~~" '," ... /"f: \\~' I) ~ ~ - .,. ~ . ' ~ " ",... -t-" F1.."." . . . Nde Knesel 4/8/98 Page Two \VashlDgton County. through It'S contract \\lth Advanced Environmental Technical Services. wIll provIde all safety equIpment, mcludIDg fire extmgUlshers and other emergency equipment. all packlDg matenals. surveys and education matenals. an eye v"ash and first aid kit and personal protective equipment The County will also arrange for solid waste disposal and cardboard recyclmg at the collectIOn site F eel free to contact me at 430-6683 to discuss any matters related to the HHW collectIOn at )' our site We are lookmg forward to a successful collection season SIncerely. J a~f'1- t(U0,t~J Anne Klelilschrmdt Sr Environmental Specialist Enclosure . LICENSE TO USE REAL PROPERTY This Agreement is entered into this _day of , 1998 between the City of StIllwater, as LIcensor, and the County of Washington, as LIcensee. WHEREAS, Washmgton County wishes to collect household hazardous waste from resIdents at the LIly Lake Ice Arena, and WHEREAS, the collection of household hazardous waste would benefit the resIdents of StIllwater and surroundmg citIes NOW, THEREFORE, IT BE HEREBY MUTUALLY AGREED AS FOLLOWS I GRANT OF LICENSE The CIty of Stillwater hereby grants to Washington County a hcense to collect household hazardous waste at the following described sIte: Lily Lake Ice Arena 1208 S. Greeley Street Stillwater, MN . II LIMITATION TO DESCRIBED PURPOSE AND TERM The licensed premises may be used by Licensee solely for the purpose of collecting household hazardous waste and for incidental purposes related hereto on May 16, 1998 III PAYMENT Licensee shall pay the CIty of Stillwater $150 per collection event Payment shall be received 30 days after the collectIon event Payment shall be made to CIty of Stillwater 216 North Fourth Street Stillwater, MN 55082 . . . . RESOLUTION NO. 98-105 APPROVING REQUEST OF WASHINGTON COUNTY TO HOST HOUSEHOLD HAZARDOUS WASTE COLLECTION MAY 16,1998, AND ISSUING LICENSE FOR USE OF PROPERTY AT LILY LAKE ICE ARENA WHEREAS, Washington County has requested the City host a household hazardous waste collection in Stillwater at the Lily Lake Ice Arena parking lot on May 16, 1998, and WHEREAS, Washington County has requested the City provide one staff person and a forklift to assist in the collection program; and WHEREAS, Washington County will reimburse the City in the amount of $150 to cover costs; and WHEREAS, the program is beneficial to city residents; NOW THEREFORE BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the City of Stillwater approves the request of Washington County for the household hazardous waste collection event on May 16, 1998, and approves the issuance of a license to Washington County to use real property at Lily Lake Ice Arena for saId event. Adopted by Council this 2151 day of April, 1998. Jay Kimble, Mayor ATTEST' Morli Weldon, City Clerk r .. Memorandum . April 21, 1998 To: From: Re: State of Minnesota Uniform Contract Settlement Reporting Forms for AFSCME/Fire/4gers I have attached for your review a revised copy of the Uniform Settlement Form for the 4gers union. The copy provided to you last week, (as an attachment to the 4gers contract), contained an error in the total wages paid for base year 1997. I have also attached for your review the Uniform Settlement Forms for the 1998 Fire and AFSCME contracts. The Settlement Forms must be completed and submitted to the Department of Finance, per MS 179A.04. The data collected summarizes the changes in employee compensation for each bargaining unit for calendar 1998. The costs summarized include increases in base wages, increases due to movement through salary step systems (where applicable), and the amount . contributed by the City for FICA, PERA, and various insurance programs. You will notice that there are differences in the total percentage changes in compensation for each bargaining unit (from 3.0% to 4.6%). This difference is due to the 1998 increase in the PERA contribution required for coordinated members only, and the fact that the State includes in the computation all dollars paid out for movement through wage step systems. In addition, please note that these numbers do not reflect the total compensation paid out to any particular bargaining unit-that is, they do not include employer costs such as severance payments, retiree health insurance payments, training expenditures, or uniforms. . UNIFORM SETTLEMENT FOrtM IINII Council 14 I I,II('~ 1l.I\P W.lgP Base Year I) 1997 'i) 528,403 11,)<1' YI',11 11>1.11 1l.1~I'IIf1P I l) fi4R, ill? PUIlII( f MI'l ( )YI f{ City of St~ll~ater lX( Il/'iIVE f{l/'f{C'ilNIAIIVI 4gers I First 1 Year 01 Conlracl Year of Conlrul (II ilpJilifable) 11.1I('S }) 1:)98 2nd Year Base Oase Wage Base SocIal Secuflly C.onll/hullon 2BA) Oase Scale or local Rell/emenl Conlfluullon 28(3) Rase MedICal Insurance 29) Rase DenIal Insurance 30) Oase life Insurance 31) Base Slllfl DIUerenlral 32) Rase Exlra. CUrricular' 33) Base Deferred Compensallon 34) Oase Glher Forms of Compensallon 35) % Base Year Tolal Raselme J(,l I Second I YearolClInlracl (~Iicable) 20) D.lh-s 1) 3rd Year Base Base Wage Base So< ,.11 Set uflly Conlflhulron SIA) Base Slalp or l rx al Relrrplllpnl lonlflhlllron SIB) Base MedJr 011 Insurance 52) Base Den'oll Insuran<-e r;J) Rase life Insurancp 'i4) Ilase SIII11 DIUerenllal 'is) R.lse Exlra Currkular' 56) 8.1se Deferred Compens.llJrlfl 57) Base ( llher r orms of (ompens.ll1lln 'i8) % BasI' Yp.11 lolalBaspllfI(' r,'J) IThir(fl 'II) 1),11(,5 4) Npw S hy Wage S( l1edu~ Improvel.IPnl 14) 5.4,255 New $ hy Wage 5< l1edule Movement \5) New $ Sunal SeuJrlly ( onlflhullon 'SA) 41 ,fi 1 h New $ SI,lle or local Relllt'menl ( on'flhul on I SfJ) ?R, 1 q? New $ (01 MedICal Iflsurance \ (,) 52,566 Nl'w $ hy Wage xl1edu/e Illlprovemenl 37) Nt'w Shy Wage xhcdulc MI.vPlIH'nl 311) New $ SoCIal Secuflly Conlnhullon 311A) New $ Slale or l<x-al Rellremenl COlllrlhullon 3110) New $ lor MedIcal Insurance 39) New $ for Denial Insuran<.e 40) New S by W,lge S( hedule Improvelll('1l1 (,ll) New $ hy Wage S( hedllle MOVl'IlIf>1l1 (,I) Nl'w S ')0< 1.)1 'i('{ Wily (onlflhulloll b I A) New $ Slale or 1(1<-,11 f{ehrPlIlenl lO/ltflhullon (, I B) N~w S for Melllcal Insuran<-e (2) New $ for Dpnlal In~uranle (1) New S fOI DenIal l/lsurance \ 7) 120 New S fur llle Insllranu' 41) Nf>w $ for 1,/1' Insuran< e (,-1) Nl:'w S for life I"surance III) 1,306 New $ lor SllI/l Dlflerenllal 19) New $ lor Shill Dlfferenllal 42) New S (or EXlra. Currtcular 431 New S for Oelerrecl COmpells,lllon 44) Npw $ for Olher Form~ 01 (om/lffisahon 45) Tu'al New S ( hange lrom naseJme 4&) New S lor ')11111 D,fferentl.11 (,'I) New S lor rxlla lUrrlcular b(') New $ for I),.fprr,.d (omJlclI~alll)f1 (,7) New $ lor ~xlra ( urrllular 2ll) New $ lor ')eferre(1 lomrensalloll 2 f) New S lor ')Iher r orms of COlllpen~al$m 22) loral New ~ Change florn Baseline 2 $ 21,643 1,600 n;.. ( halllle Irolll Bas,'IIl1e 24) 3.2 %( h.1nlW from 1I.1~p/lIlt' -17) Nl'w $ lor ()Ihpr r orrns 01 Compens,lhon (0) 101.1/ f "" YI .11 S St'lIll'nH'n' 2'1) h(iq, 67S 11ll,11 '>e< ,md Ypaf $ 'it'lIlcOlenl 40) 101.1/ Nr'w S ( halll;e fllllll Bas"'"lf' (,'J) 'Yo ( hall!:1' ffom Bas(.IIl1e 7(1) % 101,11 IIl1fd Yl'ar S ')elllt'lIll'nl 7 I ) -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- . . ^I'I'I,,', 10 f.dl/f .1111111 "'''I' "Illy r I II ".. . 1111111' "'lIn l'aynH'"1 2(, t~~. JIl( f(',l\f' over fl.I" 1111(' 27) 'Yo . ,dl- IUlIlp Sum Payment 4<) "In hI( H'ase over Ill" I,,,t' 'ill) I~l . Il/fnp Slim ".lY'"1'1I1 71 o/., I'l( rf'.'(j~' (JVPf Il,,, I"", . "I UNIFORM SETTLEMENT FO~M tlNl1 Local 517 Base Year I ),lll'~ I) 1997 <;) 517,249 1l.I\p W,'gr Il,'~r 50'-1,11 SCI Wily ( olllllh\lllOIl <;A):1q ,l17Cl Il.l~e 51,11<.' or LOI .11 Rell/{'ml'nl C olllrl(,llll H1 <;Il) 7:1,17?' II,,,.. Yp,lr 101.11 1I,1~l'llIlr I I) 61)3, 904 PUIIIIC EMf'1 ()YI R City of Still~ater I xc 11ISIVE RlI'RL <;[ N1Al IVI ,A.FSC~E I First 1 Year or Conlracl Year or Conlrad (If ~pp-hcable) I Jail'S II 1998 2nd Year Base BaseWa[:e lIase Soual Secunly Lonlr.hullon 28A) Base Slale or Local Relllemenl Conlnuullon 280) Base MedICal Insurance 29) Base Dcntal Insuran("e 30) Base L .re Insuran("e 31) Base SllIfI Dlrrerenllal 32) Base Exlra. CUrricular. 33) Base Dererred ComPf'nsallon 34) Base Glher Forms or COmpens.ll1on 35) (lase Yr.lr Tolal Rasdllle 3(,) I Se con d I Year or Contract {!f.Mrnlicable) 21l) Dol It's 1) Jrd Year Base /lase Wagl' Base Sex 1.11 Selllnly ( onlnhulloll ,)IA) /lase SI,lll' or LOlal Rellrf'lnl'nl lOlllrlhlllloll 5 J B) Base Medii .11 Insurance 52) Base Denl.ll Insuranle ';J) Rase Lire Insurancl' <;4) Base SllIfI Dlrferenllal ';5) Rase Exlra CUrr/lI.lar · 5(,) Base Dercrrc,d C ompens.lllon 57) Base ( llher r orms or Compens,llltlll <;0) % Base Yl'ar lolalll.Hl'IIIIP ';'1) IThirdl ';1) ().Ill'~ 4) Nl'w S hy Wage S<. hetJW!:. hllprovel.\('1l1 14) ~jc:,766 New Shy Wage 51 heduJe 12 19q Movemenl IS) , 1- New S SeK"lal SeClJrlty l onlnhullon 'SA) 40.757 New S Sl,lle or Local Rellrpmenl ( onlnhul on I ';Il) 27.597 New $ (01 Medical 56,nS2 Insuraoce H,) New S rOl DenIal Insurance 17) 1 } S6n Nl'w S ror LIre Insurance 1/1) 14,688 New S ror SllIll lMlerenlla1 19) New S lor ~xlra ( urrllular 2ll) New S ror ')elerred eomren~all(ln 21 ) New S for ' )lher r orms or Cumpen~llon 22) 101.11 New ~ eh.lnge 31,74S rlllm Ba~ehne 21) 'l'n ( han'le a.6 lrom lIa~,'llrIe 24) % IO!.ll F Ir~l y, ar S Sellll'IlU'II' ]C,) 685.649 NI'W S hy W,l/:e Sthetlule Improvcmenl ) 7) New S hy Wage Sthetlule Movl'llK'nl 3111 New S Sonal Secunty Conlrlhllllon 311A) New $ Sl,lle or Local Retlremenl Conlllhuhon 3110) New $ ror Medical Insurance 39) New S ror DenIal Insuranle 40) New S hy W.lge SI hedule hllprOVI'ml'1l1 (,ll) New S hy W.lge SI hedule Movl'llII'lll (.1) Nl'w S ')01 1.11 SCf IUlly ConlllhullOIl b I A) New S SI.lle or I ol.ll RellrPlllenl lonlllhullon (, III) New $ rOf Lire InslUancl' 4 I) New S ror MedICal Illsuranle (2) New S ror Dpll'a' IIl~ur.lllle 611 Npw S rOf Ilfp Illsuranl e (,4) New S for 511111 O.rferenhal 42) New S for Extra. CUrricular 43) New S ror Oererred (ompl'Il<;,1hon 44) Nl'w S ror Olher Form~ or (ompE>nsallon 45) Tul.ll New S (hange rromll.l~hne 461 "/.. ( h.ln/:p from J1.1~l'11rIl' <t 7) 101.11 <;et onll Y\"lr S ')l'IIIl'menl 4/1) New S for ')11111 Dlrrerenll.ll (,';) New S lor rxlra lUrrle-ul.ll 6(,) New S ror Ikrprrl'd (ompclI~alloll (,7) NI'w S lor ()Ihl'r r or ms 01 (umpells,lllon 6E1) llllal N"w S ( han'le from lIa~"Ill{' (,')) %1 halll:\' lrom lIasdlrle 71l) 'l'n 1111.11 1111,.1 Yf'ar S ')clllem"II' 7 I ) . ----------------------------------------------------------------------- '^I'I'IIf'~ III ..dill ,"1011 1111.1' Oll/y r t.." 4 . IllInl' '>"111 "aYlnf'll' ](, 1~~1 III( U'.1\P over /1.1\1'1111(' 27) 0;', . - IlImJl <;UOl I'aymelll 41) 'Yo hu H'.l~e over 11)(" flf". SIl) IX, . I "IIlJl Slim ",lynu'lIl 71 'i~ Ir)( rp.l\4" ovpr n ,....,.fUl,. . '" UNIFORM SETTLEMENT FO~M Fire IINII Base Year I l.Ill'~ I) 1997 ~) 20(), 793 /l.I~eW.lf:(' 1l,'~1' Slk'ral Se( urlly 15,361 ( olllllhullOIl ~^) /la~e St.lle or IlK allkll/c'f1l('nl (OlltllhulI.m ~/l)?? ,Rg() na~1' MedICal Insuranle 6) 20 , 134 /lase! )ell'al 2Ltr) 'n~ur;lr)(e 7) Ba~1' 1,,1' 'II~IJ( an< e 8) 3g() BasI' 5111" ()"/erenllal 9) IIa~e [xlra. C urn( ular. 10) IIa~e De/erred C olllpensallon II) 1I.1~p C )Iher r olln~ 01 C ompensallon J 2) 11.1'" Yl'.lr 101.., /l.1~dllle I I) 259.888 City of Stillwater I'UIIIIC f MI'l C JYI R I xc IIJSIVE RII'RI 'i[N1AlIVI I Firstl Year 01 Conlract 3rd Year Base IThirdl Year of Conlrul (if ~pp'liuble) I lales }) 1998 2nd Year Base I Second I Year of Conlract 1!!.Mmlicable) I ).1Il'~ 4) New S by Wage S( hed~!e IlllpHlVl'l.Il'n' 14) C:'J6,817 New S by Wage Se hed~le()62 Movement 15) , t New S Sonal Security ( On'rlhUllon 'SA) 15.821 New S SI.lle or LOC.l1 Rellfemenl (onlrrbulon I 'in) 23.577 New $ (01 Medical Insurance J (,) 19,812 New S 101 Denial Insurance 17) New S fOf LIfe Insuranre J 8) 398 240 New S for Sh.fl l>lf/erenl/a' 19) 1).111's 11 nase W,l~(' ~ I) New S hy W.I~e S( hedule I IlIJlfllvell 1('111 (.11) New $ for ~xlra- CUrrlLUlar 20} New S for ')e/erred lompen~auon 21} New S for ()ther r orms 01 COlllpen~ahon 22) 101al New 'J. lhan~e 110m Oa~eltrle 2 I) 7,911 'Yo. Change Irolll II.1~,'lrne 24) 3.!) 101.11 F 1/<;/ Y. ,lr S S('III('III('n' 2~) 267.719 Base Wa~e 20) New S hy Wa~e Sdledule Improvement 37) N(.w S hy Wa~e $( hl'dule Move"",,,t (, 1 ) Rase So<. ial See urlly Conlrlhullon ~ I AI IIase Sla'l' or Lellal Rel/rellll'lll Conlrrhulion 5 I II) N('w S 5'1( ..11 'iee 1Irlly Conlrlhul/on b I AI Nt. w S SI.lle or I ell," RehrplIlent lOlltrlhuholl (, I Bl liasI' Soual Securlly C.olllrlhuhon 28A) Rase Slale or Local Retirement Conlnoohon 280) Nt'w S !ly Wa~e Sc.hedule MoVC'nH'nt 38) New S Sonal Securlly Conlrlhulion 311A) New S Slale or Local Retlremenl Conlrlhulion 3110) Rase MedICal Insurance 29) New S lor Medical Insuranre 39) New S lor DenIal Insuranle 40) Base MedII 011 Insurance 52) New S lor Medical IlIsuran<.e 62) New S for Dl'lIlal In~urallte (1) Rase DenIal Insurance 30) Oase Life Insurance 31) Base Slu{t D,fferenhal 32) Base Exlra- Curricular. B) lIase Denl,,1 InsurantI' 'i3) Rase L.fe Insurancl' ~4) Base 511111 Dlfferent.al ~5) Base Exlra Currrtular · 56} New S lor L I{e Insur...ncE' 4 I) N,.w S IIlI III" Illsuran< e (,4) New S (or Sluf. Dlfferenhal 42) New S (or Extra. CUrricular 43) New S (or Oeferred Compen~ahon 44) NC'w S lor Olher Form~ of ConlllffiSahCln 45) Total New S Change (mill lIao;ehne 46) New S for SIIIII U,fferentl,ll (,'i) New S for htr.l. lurrirul.1r 6(,) New S for I)C'/prrl'c/ <"ornpen~ll"m (,7) Rase De/erred COmPf'nSallon 34} 8.1se Olher Forms 01 Compensation 35) B.lse Delerred Compensallon 57) Base ()lher r orms of Compensallon ')8) N('w S fOf ()Ihl'r r or /liS of ('umpC'IISolllon 68) 101011 NI'W S ( halllle Ir!J1lI UaSf.IIIll' (,')) % % ( hanlle Imm liaSI'll,\(' "7) lIi1se Year Tolal R...se/me 36) 101.11 5ef oml Year S 'iellfemen' 40) % 'Yn ( h...lltW Irom U...s"lm(' 70) % Il...se Ye.l' 101...llIas('11I11' 'ill) 101,11 1I11lc/ Y.....r S 'ieUlen,,'nl 71 ) -------------------------------------------------------------------------- ~ '^I'I'III'~ 10 ..dlll,1/UlII IIIIII~ ollly r I"".. . 1111111' 'inrn !'aYI/II'II' 21, 1Y., Ill( f(1;}c-,p over 1I.1~('llne 17) % IUlllp ')um !'aymenl 4') . % Iru (I',lo;e ov('r II ,<<,1",,. 50) ...- n!., 1111 np Slim 1'.1yrnl'nl 71 . n/... hu '.....\f. ()vpr /1,"""111' "I . ., . . . MEMORANDUM TO: Mayor arId Council FR: City Coordinator RE: 1998 Local 49 (public Works) Labor agreement DA' April 17, 1998 Discussion: AccomparIying thIS memo is the 1998 labor agreement between the CIty of Stillwater arId IUOE Local 49 (representing public works employees). The agreement contains the following charIges: 1 Amended Article XVII - InsurarIce to read as follows: 17.1. Effective January 1, 1998 the Employer will contribute up to Three Hundred arId Seventy-five dollars ($375.00) per month per employee toward group health arId long term disability insurarIce including dependent coverage. 2 Amended Article XXII - Wages, as follows: 22.1. Increased wages by 3%. 22.9. Increased longevity schedule by 3%. 3. Amended Article XXIII - MiscellarIeous, as follows: 23.2 CharIged reimbursement for replacement of safety shoes to 50% not to exceed $100.00 (presently $75.00). 4 Amended Article XXVI - Duration as follows: A. Duration of contract to be one year (1/1/98 through 12/31/98) I believe the agreement IS consistent with previous discussions with the Council and I would recommend approval of the agreement. Recommendation. Council adopt resolution approving 1998 labor agreement with IUOE Local 49 (Consent Agenda item) 4;U . . ~... ~~ ~.. ~ - , 4 . . . "- LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LOCAL NO. 49 INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO JANUARY 1,1998 - DECEMBER 31,1998 TABLE OF CONTENTS . Article Paae I Purpose of Agreement .. ... 1 II Recognition. . 1 III Definitions . .. 1 IV Employer Security 2 V Employer Authority . 2 VI Right of Subcontract 3 VII DIscipline . 3 VIII Union Security ... 4 IX Employee Rights - Grievance Procedures 4 X Seniority 7 XI Job Posting .. .. .... 8 XII Probationary Periods 8 XIII Work Schedules 9 . XIV Overtime Pay 9 . . XV Legal Protection . 10 XVI Safety 10 XVII Insurance . .. 10 XVIII Sick Leave. 11 XIX Severance Pay 13 XX Holidays . . . 13 XXI Vacations . . .... .. 14 XXII Wages 15 XXIII Miscellaneous.. . 17 XXIV Savings Clause. 17 XXV Waiver . 18 XXVI Duration 19 . . . . LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LOCAL NO. 49, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO ARTICLE I PURPOSE OF AGREEMENT This agreement is entered into as of January 1,1998, between the City of Stillwater, Washington County, Minnesota, hereinafter called the Employer, and Local No 49 opf the International Union of Operating Engineers, hereinafter called the Union It is the intent and purpose of this agreement to' 1 1 Assure sound and mutually beneficial working and economic relationships between parties hereto, 1 2 Establish certain hours, wages and other conditions of employment, 1.3 Establish procedures for the resolution of disputes concerning this Agreement's Interpretation and/or application. 1 4 Specify the full and complete understanding of the parties, and 1 5 Place In written form the parties agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Union, through this agreement, continue their dedication to the highest quality of public service Both parties recognize this agreement as a pledge of thiS dedication ARTICLE II RECOGNITION The City recognizes Local No 49 as the exclusive representative for all non-supervisory positions within the Stillwater Public Works and Parks Departments. ARTICLE III DEFINITIONS 3 1 Union. The International Union of Operating Engineers, Local No 49, AFL-CIO 1 .. 3 2 Employer' The City of Stillwater 3 3 Unron Member. A member of the International Unron of Operating Engineers, Local No 49, AFL-CIO. . 3 4 Employee A member of the exclusively recognized bargaining unit 3 5 Base Pay Rate The employee's hourly pay rate exclusive of longevity or any other special allowance 3 6 Senrorlty, Length of continuous service of any of the Job classifications covered by ArtIcle II - Recognition. Employees who are promoted from a Job classification covered by this agreement and return to a job clasSification covered by this agreement shall have their seniority calculated on their length of service under this Agreement for purposes of promotion, transfer and layoff and total length of service with the Employer for other benefits under this agreement. 3 7 Overtime Work performed at the express authorization of the Employer in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period 3 8 Call Back Return of an employee to a specified work site to perform assigned . duties at the express authorization of the Employer at a time other than an assigned shift An extension of or early report to an assigned shift IS not a call back. ARTICLE IV EMPLOYER SECURITY The Union agrees that dUring the life of this agreement It will not cause, encourage, partiCipate In or support any strike, slowdown or other Interruption of or Interference with the normal functIons of the Employer ARTICLE V EMPLOYER AUTHORITY 5 1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment, to establish functions and programs, to set and amend budgets, to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel, to establish work schedules, and to perform any inherent managerial function not specifically limited by this agreement . 2 . 52 Any term and condition of employment not specifically established or modIfied by this agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE VI RIGHT OF SUBCONTRACT Nothing in this agreement shall prohibit or restrict the right of the Employer from subcontractmg work performed by employees covered by this agreement. ARTICLE VII DISCIPLINE 7.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms a. oral reprimand b written repnmand . c suspension d. demotion or e discharge 7.2 An employee may be reclassified to a lower classification for Improper performance of duties required in the higher classification Prior to reclassification for improper performance, an employee shall be verbally repnmanded for the first instance, repnmanded m writmg for a second instance and reclasSified on a third mstance. Suspensions and discharges will be In wntten form 7.3 Written reprimands, notices of suspension and notices of discharge which are to become a part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices 7 4 Employees may examine their own Individual personnel files at reasonable times under the direct supervision of the Employer 7 5 Discharges will be preceded by a three-day suspension without pay . 3 7 6 Gnevances relating to this Article shall be initiated by the Union as provided In . Article IX - Gnevance Procedure. ARTICLE VIII UNION SECURITY 8 1 The Employer shall deduct from the wages of employees who authonze such deductions In wnting an amount necessary to cover monthly Union dues, or a "fair share" deduction as provided by Minnesota Statutes 17965, SubdivIsion 2, If the employee elects not to become a member of the Union Such monies shall be remitted as directed by the Union. 8 2 The Union may designate employees from the bargaining unit to act as Steward and an alternate and shall inform the Employer in wntlng of such chOice and changes in the position of steward and/or alternate 8 3 The Employer shall make space available on the employee bulletin board for posting Union notices and announcements 8 4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, SUitS, orders or Judgments brought or Issued against the Employer as a result of any action taken or not taken by the Employer under the prOVISions of thiS Article . ARTICLE IX EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE~ 9 1 Definition of a Grievance A gnevance IS defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of thiS agreement 9 2 Union Reoresentatives The Employer will recognize representatives designated by the Union as the gnevance representatives of the bargaining Unit having the duties and responsibilities established by this Article. The Union shall notify the Employer In wntlng of the names of such Union representatives and of their successors when so designated 9 3 Processlna of a Gnevance It is recognized and accepted by the Union and the Employer that the processing of gnevances as hereinafter provided is limited by the Job duties and . 4 . 94 . . responsibilities of the employees and shall therefore be accomplished dUring normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer Procedure Grievances, as defined by Section 9.1, shall be resolved In conformance With the following procedure: Step 1. An employee claiming a violation concerning the interpretatIon or application of this Agreement shall, Within twenty-one (21) calendar days after such alleged Violation has occurred, present such grievance to the Employer's supervisor as designated by the Employer The Employer deSignated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the proVision or proviSions of the Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer deSignated representative's final answer in Step 1 Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2: If appealed, the written grievance shall be presented to the Union and discussed with the Employer designated Step 2 representative The Employer designated representative shall give the Union the Employer's Step 2 answer in Writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved In Step 2 may be appealed to Step 3 Within ten (10) calendar days following the Employer designated representative's final Step 2 answer Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be conSidered waived Step 3 If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 3 representative The Employer deSignated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after 5 receipt of such Step 3 grievance. A grievance not resolved In Step . 3 may be appealed to Step 4 within ten (10) calendar days following the Employer desIgnated representative's final answer in Step 3. Any grievance not appealed to Step 4 by the Union within ten (10) calendar days shall be considered waived SteD 4 A grievance unresolved In Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of MedIation SeNlces A grievance not resolved In Step 4 may be appealed to Step 5 within ten (10) calendar days following the Employer's final answer in Step 4 Any grievance not appealed in writing to Step 5 by the Union within ten (10) calendar days shall be consIdered waived SteD 5 A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitratIon subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended If the partIes cannot agree upon an arbitrator, the selection of an arbitrator shall be made In accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board 9 5 Arbitrator's Authority a The arbItrator shall have no right to amend, modify, nullify, ignore, add to or . subtract from the terms and conditions of thiS Agreement. The arbitrator shall conSider and decide only the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other Issue not so submitted. b The arbitrator shall be without power to make deCisions contrary to, or inconsistent with, or modify or varying in any way the application of laws, rules or regulations having the force and effect of law The arbitrator's deCision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the partIes agree to an extension. The deCISion shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented c The fees and expenses for the arbitrator's seNlces and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating ItS own representatives and witnesses If either party deSires a verbatim record of the proceedings, it may cause such a record to be made, proViding it pays for the record If both parties deSire a verbatim record of the proceedings, the cost shall be shared equally . 6 . 9 6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance IS not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step The time limit In each step may be extended by mutual agreement of the Employer and the Union 9.7 Choice of Remedv . If, as a result of the Employer response to Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Article IX or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 5 of Article IX the grievance is not subject to the arbitration procedures as provided in Step 5, Article IX. The aggrieved employee shall indicate in writing which procedure is to be utilized - Step 5 of Article IX or another appeal procedure - and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of Article IX ARTICLE X SENIORITY 10 1 Seniority Will be the determining criterion for transfers, promotions and layoffs when all job-relevant qualification factors are equal. 10 2 In the event of a job opening, the job shall be announced by bulletin and the oldest permanent employee shall be given the first opportunity to set up for promotion, provided such employee is qualified to perform the work required 10 3 Seniority will be the determining criterion for recall when the job relevant qualification factors are equal. Recall rights under thiS provision will continue for twenty-four (24) months after layoff Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights 104 Permanent employees listed in Article XXII, Section 1, shall not be reduced In pay scale when temporarily assigned work of a lower classification This shall not prevent an employee from being reclassified to a lower claSSification when no . work is available in his/her regular classification for an extended period of time 7 ARTICLE XI . JOB POSTING 11 1 The Employer and the Union agree that permanent Job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from Within provided that applicants 11 1 1 have the necessary qualifications to meet the standards of the Job vacancy; and 11 1 2 have the ability to perform the duties and responsibilities of the Job vacancy 11 2 Employees filling a higher Job class based on the proviSions of this Article shall be subject to the conditions of Article XII (Probationary Perrod) 11 2 The Employer has the right to final deCISion on the selection of employees to fill posted jobs based on qualifications, abilities and experrence 11 3 Job vacancies within the designated bargaining Unit Will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies . ARTICLE XII PROBATIONARY PERIODS 12 1 All newly hired or rehired employees will serve SIX (6) months probationary perrod 12 2 All employees will serve a SIX (6) month's probationary perrod In any Job classification In which the employee has not served a probationary perrod 12 3 At any tIme during the probationary perrod, a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 12 4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer . 8 . . . ARTICLE XIII WORK SCHEDULES 13 1 The sole authority of work schedules is the Employer. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday 13 2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal or annual basis other than 7 a m - 3.30 P m day. The Employer will give seven (7) days advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day 13.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of mUnicipal equipment or facilities, no advance notice need be given. It is not required that an employee workmg other than the normal work day be scheduled to work mo~e than eight (8) hours, however, each employee has an obligation to work overtime or call backs If requested unless unusual circumstances prevent the employee from so working 13 4 The average work month for employees for the purpose of computing vacatIons, sick leave and fractions of month's worked shall be one hundred seventy-three (173) hours. ARTICLE XIV OVERTIME PAY 14 1 Overtime is defined as all hours worked in excess of eight (8) hours per day or forty (40) hours per week and for all hours worked on Saturday, Sunday, and legal holidays or days observed as holidays except as provided in Section 14 6 142 Overtime will be distributed as equally as practicable by department 143 OvertIme refused by employees will for record purposes under ArtIcle 14.2 be considered as unpaid overtime worked. 144 For the purpose of computmg overtIme compensatIon, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked 14 5 An Employee called back to work after he/she has completed hIs/her regular work day or called out on his/her day off shall receive a minimum of four (4) hours compensation 9 146 Employees who are required to work on Saturdays or Sundays or holidays, In . addition to their regularly assigned Shift, shall be compensated at the overtime rate for such days and shall receive a minimum of four (4) hours compensation at the overtime rate for each Saturday, Sunday or holiday or day observed as a holiday, that they are required to be on weekend duty It IS understood that these employees will make routine checks of City sewer facIlities. Any call outs, other than those routine duties, will be compensated as specified In 14 5 above ARTICLE XV LEGAL PROTECTION 15 1 The City shall provide through Insurance coverage or otherwise, defense, necessary legal expenses and other costs to any employee against whom a claim IS made or a lawsUit is commenced which IS based upon the conduct of the employee acting in the course of this employment, except for intentional torts and crimes of ordinance violations knowingly committed by such employee 15 2 Eligibility shall be determined by the City Council on an Individual basIs as to ItS reasonableness. ARTICLE XVI SAFETY . The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate In safety matters and to encourage employees to work In a safe manner ARTICLE XVII INSURANCE 17 1 Effective January 1, 1998, the Employer will contrrbute up to Three Hundred and Seventy-five Dollars ($375.00) per month per employee toward group health and long-term disability insurance including dependent coverage 17 2 The Employer shall provide each employee with a $20,000 decreasing term life Insurance policy 17 3 Dental Ten dollars ($10) of the maximum may be utilized toward dental Insurance . 10 . . . ARTICLE XVIII SICK LEAVE 18 1 All full-time employees shall, after a term of employment of one (1) year, be qualified to receive payments on account of physical disability to work by reason of sickness. For the purpose of this contract, sickness shall Include injury other than accidental injury arising out of and in the course of employment by the City Sickness disability benefits shall be as follows' a If term of employment has been one year but less than two years, one week full pay. b If term of employment has been 2 to 5 years, full pay 4 weeks, half pay 9 weeks c If term of employment has been 5 to 10 years, full pay 13 weeks, half pay 13 weeks. d If term of employment has been 10 to 15 years, full pay 13 weeks, half pay 39 weeks e If term of employment has been 15 to 20 years, full pay 26 weeks, half pay 26 weeks f If term of employment has been 20 to 25 years, full pay 39 weeks, half pay 13 weeks. g If term of employment has been 25 years or more, full pay 52 weeks. 18 2 No disability benefits shall be paid for absences In excess of three (3) consecutive days without doctor's certificate as to sickness disability 18 3 Sickness disability benefits usage shall be subject to the following conditions a An employee may use the full entitlement only once annually b Any days used by an employee must be replaced at the following earning rate Employees with less than five (5) years service shall earn a sickness disability leave time at the rate of one day for each month worked Employees with five (5) years but less than ten (10) years service shall earn sickness disability leave time at the rate of one and one-half (1-1/2) days for each month worked 11 Employees with ten (10) or more years of service shall earn Sickness disability leave time at the rate of two (2) days for each month worked . c Sickness disability leave time cannot be earned during the time an employee IS on Sick leave. Sick leave earned back shall be figured on a pro rata baSIS each month with no earn back of leave used dUring the month d Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit Sick leave used last shall be replaced first. e For the purpose of thiS Article, the January 1 st immediately preceding the Employee's anmversary date of employment shall be used to determine Employees term of employment 18 4 Any employee receiving Worker's Compensation benefits because of Job connected injury or sickness shall, If he/she assigns his/her check to the City, receive full wages for that period Or, if any employee IS receiving Worker's Compensation benefits and does not assign his/her check, he/she will be paid for the difference between the Worker's Compensation allowance and his/her regular weekly pay Sick leave shall then be figured on a pro-rated basis with no deduction of leave being made for that portion of the employee's absence which IS covered by Worker's Compensation Insurance . 18 5 Sick leave shall not be granted if the absence is due to an Injury resulting from Intoxication or fighting 18 6 Sick leave will be suspended after benefits have been exhausted, however, an employee who has fulfilled all of the requirements for a vacation which has not been taken may request vacation pay dunng disability After all Sick leave benefits have been exhausted, any disabled employee may apply in Writing for an authorized leave of absence Without pay; proVided that the period of such leave of absence when added to the period during which benefits have been paid shall not exceed one (1) year Such application shall be accompanied by a phYSICian's certificate stating that such disabled employee has not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his/her disability, but shall receive no service credit for the period of absence 18 7 Sick leave usage will only be allowed for Injury or Illness of the employee and not for time off for any legal proceedings associated With an injury . 12 . . . ARTICLE XIX SEVERANCE PAY 19 1 All permanent employees who have completed ten (10) years of service with the City shall be entitled to fifty percent (50%) of their unused sick leave but not to exceed one hundred (100) days, as severance pay upon retirement, providing the employee IS immediately entItled to receive retirement benefits under a bonafide retirement program or If they become disabled so they must terminate their employment. 19.2 All permanent employees who have completed less than ten (10) years of service with the City shall be entitled to fifty percent (50%) of theIr unused sick leave but not to exceed Five Thousand Dollars ($5,000) If they become disabled and so must terminate their employment. In the case of death, their surviving spouse or dependent children shall be entitled to their severance pay. ARTICLE XX HOLIDAYS 20 1 All employees shall be granted leave of absence with regular pay on all legal holidays; they are: New Year's Day Good Friday Labor Day Thanksgiving Day President's Birthday Memonal Day Christmas Day Columbus Day Independence Day Veteran's Day In addition to the above holidays, all employees shall be granted leave of absence with regular pay on the holidays as follows and in the manner that follows: One floating holiday. On the last scheduled day before Christmas - Y2 day. On the Fnday follOWing Thanksgiving Day - 1 full day. 20 2 When a holiday falls upon a Saturday, the preceding Fnday shall be considered a holiday; or when a holiday falls upon a Sunday, the follOWing Monday shall be a holiday 13 ARTICLE XXI VACATIONS . 21 1 Permanent employees shall be granted the following vacations From 0 through 12 months employment From 1 year through 4 years employment From 4 years through 10 years employment After 10 years through 15 years employment After 15 years 5/6 days per month 10 days per year 15 days per year 20 days per year One (1) additional day for each Year up to twenty years for a Maximum of 25 days 21 2 Employees wIth two or more weeks vacation due must take all but one week vacation In Increments of not less than one week One week of vacation may be taken in Increments of less than one day at the discretion of the department head 21 3 Vacation periods shall be selected on the basIs of seniority. 21 4 If a holiday occurs during the calendar week In which a vacation IS taken by an employee, the employee shall not be charged for vacation for the holiday. 21 5 Any employee who is laid off, discharged, retired or separated from the service of the Employer for any reason, prior to taking his/her vacation, shall be compensated In cash for the unused vacation he/she has accumulated at the time of separation . 21 6 Vacation tIme can be accumulated up to eighty (80) hours and used In the follOWing year Vacation in excess of eighty (80) hours at the end of the year shall be paid on the second pay day in January at the rate of pay In effect at the end of the previous year 21 7 A maximum of SIX (6) weeks vacation may be used during anyone (1) calendar year except as provided for In Article 18 6 21 8 Vacation shall accrue on January 1st Immediately preceding the anniversary date of employment. . 14 . . . ARTICLE XXII WAGES 22 1 The following wage schedule shall be in effect: Mechanical - Chief Mechanic Mechanic Mechanic Helper Laborer/Maintenance Worker Park Department - Parkkeeper Junior Parkkeeper Laborer/Maintenance Worker Sewer Department - Licensed Sewer Maintenance Worker Junior Sewer Maintenance Worker Laborer/Maintenance Worker Street Department - Heavy Equipment Operator Light Equipment Operator Laborer/Maintenance Worker Effective Januarv 1. 1998 $ 17.50 17.10 16.50 12.02 17.10 16.50 12.02 17.10 16.50 12.02 17.10 16.50 12.02 22 2 Employees required to operate the following equipment shall be considered as Heavy Duty Equipment Operators Motor Patrol, dozer, pickup sweepers, crawler-type tractors (over 30 H P ), rubber-tired front-end loaders (over 30 H.P.), trucks over 26,000 pounds, hydraulic back hoes, bucket machine and sewer vactor/rodder. 22 3 Employees required to operate the following equipment shall be considered as Light Equipment Operators Brush chipper, rubber tired farm tractors (under 30 H.P ), power driven mowers, distributors, and trucks under 26,000 pounds 15 22 4 Employees who are required to work at a higher claSSification shall receive the rate of pay for the higher classification for the hours assigned to the higher . classifIcation 22 5 Employees who are reqUired to work fifty percent (50%) or more at a higher Job classification in a calendar year shall be eligible for reclassification. 226 All new employees hired after January 1,1985 may be classified at the sole discretion of the Employer as Laborer/ Maintenance Workers and shall receive working out of classification pay for those hours assigned to operate equipment listed In Section 22.2 and Section 22 3 of this article 227 There shall be twenty-six (26) pay penods each year 228 Uniforms shall be provided for employees for outside work 229 The Employer shall pay a longevity bonus on the first day In December according to the following monthly longevity pay schedule Years of Service 5 ~ .1Q. 20 Chief Mechanic 61.80 123.60 185.40 221.46 . Mechanic 60.78 121.54 182.32 217.34 Mechanic Helper 58.72 117.42 176.14 210.12 Parkkeeper 60.78 121.54 182.32 217.34 Jr Parkkeeper 58.72 117.42 176.14 210.12 Licensed Sewer Worker 60.78 121.54 182.32 217.34 Jr Sewer Worker 58.72 117.42 176.14 210.12 Heavy Equipment Operator 60.78 121.54 182.32 217.34 Light Equipment Operator 58.72 117.42 176.14 210.12 Laborer/Maintenance Worker 42.24 84.46 126.70 150.38 The longevity pay bonus shall be based on years of service with the Employer and shall be equal to the number of months the employee was eligible to receive longevity pay times the scheduled amount If an employee becomes eligible to . 16 . . . receive longevity pay for only a portion of a month, the longevity pay for that month shall be determined by dividing the monthly longevity pay by the number of actual working days in the month. 22 10 Any employee who is currentlv assigned to the sewer department and who has a current Class SB Wastewater Facility Operator License shall receIve a monthly payment of $50. Said monthly payment shall not be used to calculate overtime pay, longevity pay, holiday payor any other type of premium pay, shall be paid only to employees currently assigned to the sewer department and shall cease upon revocation or expiration of the Class SB license. 22 11 Employees employed by the Employer on a seasonal or temporary basIs for not more than 120 work days per calendar year either in a full time or part time capacity (more than 14 hours per week) will be paid at a salary to be determined by the Employer for the term of their employment. Such employment wIll not be eligible for any benefits under this agreement except those which may be required by law or those which are specifically outlined below ARTICLE XXIII MISCELLANEOUS 23 1 The City shall provide employees in the Mechanical Department with a tool allowance to cover the cost of lost, stolen or broken tools. 23 2 Safety Shoe Policv. All employees assigned to work in Park Mamtenance, Street and Utilities Maintenance and Vehicle Maintenance shall be required to wear steel toe, puncture resistant sole shoes or boots that meet current ANSI (Z41.1, 1983) safety standards. The safety shoe or boot must also be m good repair. Employees assigned to the aforementioned maintenance areas may not wear canvas shoes sneakers, sandals, thongs, or similar type footwear while on the job The CIty shall reimburse employees assigned to the aforementIoned work areas up to $100.00 each for the first time purchase of an approved winter and summer type safety shoe. Thereafter, employees shall be reimbursed fifty percent (50%) of the cost, not to exceed $100.00 for the replacement of said safety shoes due to normal wear and tear or damage that is not due to negligence or careless action of the employee. ARTICLE XXIV SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed mUnicipality In the event any proVIsion of thiS 17 .. Agreement shall be held to be contrary to law by a court of competent JUriSdiction from whose final judgment or decree no appeal has been taken within the time . provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party ARTICLE XXV WAIVER 25 1 Any and all prior agreements, resolutions, practices, poliCies, rules and regulations regarding terms and conditions of employment, to the extent Inconsistent with the provisions of this Agreement, are hereby superseded 25 2 The parties mutually acknowledge that during the negotiations which resulted in thiS Agreement, each had the unlimited right and opportunrty to make demands and proposals with respect to any terms or conditions of employment not removed by law from bargalnmg. All agreements and understandings arnved at by the parties are set forth in writmg in this Agreement for the stipulated duration of thiS Agreement The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any terms and conditions of employment referred to or covered by this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time thiS contract was negotiated or executed. . . 18 . . . ARTICLE XXVI DURATION This Agreement shall remain in full force and effect for a penod commencing January 1, 1998 through December 31, 1998. In the event a new Agreement IS not in effect on January 1, 1999, all compensation, working conditions and benefits shall remain in effect as set forth in this Agreement until a successor Agreement is effected In WITNESS WHEREOF, the parties have executed this Agreement on this day of , 1998. FOR THE CITY OF STILLWATER FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO 49 ~Q~{~ U /~~f2C-- 19 , '\ . . .' " "- ',,- '~, MEMORANDUM Apn121, 1998 TO: Mayor and CIty Council FROM: Klayton H. Eckles CIty Engineer \L'i: / SUBJECT: Lily Lake Water QualIty Morutonng Project 9610 DISCUSSION: In the past the CIty has partiCIpated ill a lake-monitoring program to monitor the water quality of Lily Lake. Attached is an intergovernmental agreement with the Met Council for partIcipation in the 1998 volunteer lake-monitoring program. Prepayment of $860.00 IS requested. RECOMMENDATION: Staff recommends CouncIl approve the intergovernmental agreement with Met CouncIl for the Lake Monitoring Program for LIly Lake (as in past years) and the expenditure of $860.00 to complete the program. ACTION REOUIRED: If Council concurs WIth the recommendatIOn, they should pass a motIon adopting Resolution No. 98-_, APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE METROPOLITAN COUNCIL. RESOLUTION NO. 98- APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE METROPOLITAN COUNCIL BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Intergovernmental Agreement to provide lake monitoring of Lily Lake, attached hereto as ExhibIt A, is hereby approved, and the appropriate city offiCIals are authorized to SIgn said Agreement. Adopted by the City CouncIl this 21 st day of April, 1998. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk , , . . -e . ~ Metropolitan Council ~ Working for the Region, Planning for the Future . - Environmental Services DATE: March 24, 1998 FROM' Randy Anhorn, LunnologIst, MetropolItan ouncIl TO: Sponsonng AgencIes/Groups Involved In CAMP '98 CAMP '98 Contracts and invOIces ~ \..-<~~ ___ \...,'\ v WIth the 1998Jake momtonng season already upon us, the 1998 program wIll mclude 2 counties, 12 watersheds and 6 CIties for a total of 59 lakes (60 lake SItes), and samp1mg IS scheduled to begm the week of Apnl13-19. As you can see, there IS a lImIted tIme frame to complete a CouncIl- County/Watershed/City partnershIp for the program. In order to get that partnershIp establIshed and functIOnmg, I am wntmg to mItIate an mtergovernmental agreement, explam the mVOIce for prepayment of CouncIl servIces whIch covers eqUIpment and laboratory analysIs, and obtam any needed mformatIOn Subject: Enclosed are two copIes of an mtergovernmenta1 agreement between your group and the MetropolItan CounCIl for partnership m the 1998 volunteer lake momtonng program. Please review the agreements, SIgn them, and return both copIes. A fully-executed copy of the agreement WIll be sent back to you for your records. . Also enclosed is an mvoice IIstmg your county/watershed/cIty's lakes (and testmg SItes) that are included m the 1998 program and requestmg prepayment for your mvolvement. The request for prepayment can be submitted after you receive an executed copy of the mtergovernmental agreement. Feel free to contact me at 602-1267 If you have any questions regardmg the terms of the contract or mVOIce. Kc: G.on'ltn. l:."1JD e..~UNc..\ L- AP?~vs- I A/T G fl..&T.Jvl!; 14JMtrNr'AL- II G~""(;..hI~ WITH ~t=l '-ILL{ CI;:;,UNCI1- F u tZ.... LA;c.. e; M oN rr Od..,%- P/2..0bI't..An--, of LA/(~(A<" ..:> PerL PI1Sj lA 0 -/G-Aa. ~ . J'l::> c.. ~yYJPJ,..€T"6" rrl J: J;>1'k:>6J2..AJ"11 . MD G-x Pi!fJD, Tl/a..e- or; t "'U"b~ )Lv . . 230 Ea'3t FIfth Street St Paul Minnesota 55101.1633 (612) 222-8423 FaA 229-2183 , TDD/TlY 229-3760 All Cqllal OpporfwHllJ EmplOlJ( r . Contract No. $2..~-1~'?1, . INTERGOVERNMENTAL AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF STILLWATER THIS AGREEMENT is made and entered into by and between the Metropolitan Council (the "Council") and the City of Stillwater (the "City"), each acting by and through its duly authonzed officers. THE ABOVE-NAMED PARTIES hereby agree as follows: I. GENERAL SCOPE OF AGREEMENT The Council and the City agree to undertake a volunteer lake samplmg study in order to provide an economical method of broadening the water quality data bases on lakes in the Twin CitIes MetropolItan Area. II. SPECIFIC SCOPE OF SERVICES 2.01 Lake Monitoring Program. The City and the Council agree to jointly undertake a . volunteer lake monitoring program as specified below: a. General Purposes of Program. The volunteer lake monitoring program involves the use of citizen volunteers (recruited by the City) to collect in-lake samples from approximately sixty (60) lakes in the Twin Cities Metropolitan Area. The volunteers will collect surface water samples to be analyzed for total phosphorus (TP), total Kjeldahl nitrogen (TKN), and chlorophyll-a (CLA). In addition, the volunteers will measure surface water temperature, water transparency, and fill out a lake sampling form to help describe the lake and weather conditions at the time of the monitoring event. Lakes will be visited biweekly from April through October of 1998 (fourteen sampling dates) and be sampled at the lake's deepest open water location. After each monitoring date, samples will be submitted through the Metropolitan Council to an analytical laboratory for chemical analysis. b. Specific Lakes Involved. The following lakes and specific lake sites listed below, within the City of StIllwater, wIll be involved in the Council's CitIzen- Assisted Lake Monitoring Program (CAMP) in 1998. LAKE Lily ID# 82-0023 . . . . 2.02 City Responsibilities. The City agrees that It WIll have sole responsIbility for a. Recrmtmg volunteers (who have access to a boat) to momtor the lakes the City wishes to involve m the program as lIsted m sectIOn 2.1 (b) above b. ProvIding the CouncIl and/or volunteers WIth needed lake informatIOn such as lake bathymetric maps and access locations. c. Paying for the laboratory analysis cost of the samples collected by volunteers which cost IS included in the amounts speCIfied in Section II below and monitoring eqmpment (if needed). d. Ensuring that the volunteers participate in the traimng program. e. Ensuring that the volunteers fill out sampling forms during each monitoring event, and collect and store samples until picked up by a Council representative. 2.03 Council Responsibilities. The Council agrees that It WIll: a. Organize the survey and train volunteers, pick up and delIver samples to the laboratory, and analyze the results of the lake and City data collection program. b. Prepare a final report containing the physical, chemical, and biological data obtamed during the monitoring period and a brief analYSIS of the data. c. ProVIde quality control by collecting lake samples from random lakes involved in the volunteer program. The resulting parameter values will than be compared to determine if any problems eXIst involving the volunteer's monitoring methods and what should be done to correct the problem. d. Provide the sample bottles and labels, and filters for chlorophyll filtratIOn. II. COMPENSATION; METHOD OF PAYMENT The CIty agrees to pay the CouncIl $ 860.00 per lake site (less than the $ 1,000.00 per lake site because no monitonng equipment is needed) listed in section 2 1 (b), for all labor performed and reImbursable expenses incurred by the Council under this agreement within 10 days following the execution of this agreement. An mVOlce specifying the amount owed by the City is enclosed WIth this agreement. The total amount specIfied in the previous paragraph does not mclude the cost of arlY addItional arlalyses requested by the City, such as total phosphorus (TP) arlalysis of bottom . samples. The Council will carry out any such addItional analyses at the request of the City. The Council will bill the CIty for arlY such addItional analyses at the Council's actual cost, at the end of the project, and the City will promptly reimburse the CouncIl for any such costs billed. III. GENERAL PROVISIONS 3.01 Period of Performance. The servIces of the Council will commence on April 1, 1998, arld will terminate on December 31, 1998, or following work completion and payment, whichever occurs first. 3.02 Amendments. The terms of thIs agreement may be changed only by mutual agreement of the parties. Such changes wIll be effective only on the execution ofwntten amendment(s) signed by duly authorized officers of the parties to this agreement. 3.03 City Personnel. Klayton Eckles, or such other person as may be designated in writing by the City, will serve as the City's representatIve and will assume primary responsibility for coordmating all services with the Council. 3.04 Council's Contract Manager. The Council's Contract Manager for purposes of administratIOn of this agreement is Randy Anhorn, or such other person as may be designated in writing by the Council's Regional Administrator. The Council's Contract Marlager will be . responsible for coordinating services under this agreement. However, nothing in this agreement will be deemed to authorized the Contract Manager to execute amendments to this agreement on behalf of the Council. 3.05 Equal Employment Opportunity; Targeted Group Business. The Council arld the City agree to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the Council and the City agree not to discnminate against arlY employee or applicant for employment because of race, color, creed, religIOn, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age; arld further agree to take action to assure that applIcarlts arld employees are treated equally with respect to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. The CouncIl arld the City further agree to take affirmatIve action to include targeted group businesses in the performance of the agreement, wherever possible. 3.06 Liability. The City assumes liabIlity for and agrees to defend, indemnify and hold harmless the CouncIl, Its members, officers, employees and agents from arld against all losses, damages, expenses, liability, claims, suits or demands, including without lImitatIOn attorney's fees, arising out of, resulting from, or relating to the performance of this agreement by the City or the City's officers, employees or agents, including volunteers. This clause will not be construed . , to bar any legal remedIes the Council may have for the CIty'S failure to perform ItS obligations . pursuant to this agreement. In addition, the Council assumes lIability for and agrees to defend, mdemnify and hold harmless the City, its members, officers, employees and agents from and agamst all losses, damages, expenses, lIability, claIms, suits or demands, including without lImItatIon attorney's fees, arising out of, resulting from, or relatmg to the performance of this agreement by the Councilor the Council's officers, employees or agents, including volunteers. This clause will not be construed to bar any legal remedies the City may have for the CounCIl's failure to perform its obligations pursuant to this agreement. 3.07 Copyright. No reports or documents produced m whole or in part under thIs agreement will be the subject of an applIcation for copyright by or on behalf of the Councilor City. 3.08 Termination of Agreement. The Council and the City will both have the right to terminate this agreement at any tIme and for any reason by submItting written notice of the intention to do so to the other party at least thirty (30) days prior to the specified effective date of such termination. . IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives on the dates set forth below. ThIS agreement is effective upon final execution by, and delivery to, both partIes. CITY OF STILL WATER Date By Name Its METROPOLITAN COUNCIL Date By . James J. Solem, Regional Administrator Approved as to fonn' . MetropolItan CouncIl, Office of General Counsel ( ~ METROPOLITAN COUNCIL . Mears Park Centre, 230 East FIfth Street, St Paul, Mmnesota 55101 City of Stillwater c/o Klayton Eckles 216 N Fourth Stillwater, MN 55082 INVOICE NUMBER: 13050 DATE: March 24,1998 Customer Number: 7130-442 Make all checks payable to METROPOLITAN COUNCIL Accounts ReceIvable Mears Park Centre 230 E. FIfth Street St Paul, MN 55101 All InVOIces Due and Payable Upon ReceIpt Return One Copy of InvOIce WIth Payment Expense for volunteer lake momtonng prol.?Iillll March 1, 1998 - October 31, 1998 CHARGE $ 860 00 per lake momtonng sIte. mcludes the followmg; - volunteer trammg - chemIcal analYSIS of water samples - fmal analysIS report - pICk-up and delIvery of samples . The City of Stillwater has mdIcated the mclusIOn of 1 lake sIte m the program - LIly Lake DNR # 82-23 Total Amount Due and Payable to the Metropolitan Council = 1 (lake sIte) X $ 860 00 $ 860.00 ReceIpt Code: 11370-14370 For mformatIOn regardmg thIS mVOIce please contact Randy Anhorn (612) 602-1267 CopIes Vendor (2) Accounts ReceIvable (1) FIle H \LIBRARY\ADMINLIB\INYOICEI Numenc FIle (1) . MEMORANDUM . TO. Mayor and Council FR. City Coordmator RE HandIcap ramp DA- Apn121,1998 Discussion: Accompanying this memo IS a proposal from Fredcove ConstructIOn Co. for the constructIOn of a portable handicap ramp that would be available if needed for the CouncIl Chambers. The ramp IS necessary in the event the city has to accommodate a person with disabilitIes wanting access to the dais The cost of the work is $2800. Recommendation Approve proposal for construction of handicap ramp. ~1~ . . Proposal Proposal No. I Sheet No. / oo,0t,;J 70/ 9, FROM Fredkove Construction Co. 4220 Osgood Avenue North Stillwater, Minnesota 55082 (612) 439-6048 _ ProeosalA ~ubmifled To ~"r/f;-- Nom -,'WallA.. Street '} _ _ __ um ___ _ __ Work To Be Performed At Cit" StatE" Telephone Number Street City Dote of Plans Architect c;tate We hereby propose to furnish all the materials and perform all the labor necessary for the completion of &W~~;::;C::& ::/!J;~1;jtdt::AX,kfl U ~ - . 7it(;J'jdJ-lv'i ~~ ~ All material IS guaranteed to and specifications submitted be as specified, and the above work to be performed in accordance with the drawings :::,o:,"O"!i"1:: ,o~,t~km;;,::~;;, J' the 'Om 01 V with payments to be made as Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate All agreements contingent upon strikes, accidents or delays beyond our control Owner to carry fire, tornado end other necessary (lnshJjSS .fi.orl ?9.ovf~ork. Vforkmen's Compensation and Publ1c Liability Insurance on above work to be taken out by .>-'J /U::tf,,~ ~. ./ Respectfully submitted / -- Per Note - ThiS proposal may be Withdrawn by us if not accepted within ~ days ACCEPTANCE OF PROPOSAL The above prices, speCifications and conelhans are satisfactory and are hereby accepted You are authOrized to do the work as speCified Payment will be made as out:,ned above Accepter! Slgnaturp Date Slgnaturp TOPS FORM 3450 0 ... LITHO IN USA . . . ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE The City Council of the City of Stillwater does ordain: 1. The Peddlers and Solicitors chapter of the Stillwater City Code is amended to provide the following addItional provision: "The City Police Department is authorized to use the CJDN terminal to run background checks on solicitors and peddlers that register with the City." 2. In all other ways the Peddlers and Solicitors Ordinance shall remain in full force and effect. 3. The Parking Ordinance of the City of Stillwater is hereby amended by adding the following provision: "All overtime parking regulations of the City are hereby extended on all City parking lots where they are operated by the City or by a private contractor to apply seven (7) days a week, Sundays and holidays included." 4 In all other ways the Parking Ordinance will remain in full force and effect. 5. This Ordinance will be in force from and after its passage and publication according to law. Enacted this _ day of , 1998. CITY OF STILLWATER By Jay L. Kimble, Mayor ATTEST: Modi Weldon, Clerk ., Memorandum To: Mayor and Council From: Modi Weldon, City Clerk Date: 04/17/98 Re: Ordinance amending Chapter 51, Traffic and Parking Regulations This item was not available at the time the council packets were assembled. The City Attorney will provide information at the council meeting. . . 1 . MEMORANDUM . . TO: Mayor and City Council FR: Steve Russell, Community Development Director;i-- DA: April 16, 1998 RE: UBC Lot for Summer 1998 Parking The developer of the UBC lot is trying to put together financmg for the condo/parking project. To date, financing has not been found. The Downtown Parking COmmiSSIOn reviewed the status of the lot at their meeting of April 2 and 16, 1998. Based on the lack of financing progress, they feel the city should consider making the lot available for pay parking this summer. The Commission suggested that the lot be improved and a parking machine installed. At a $3/hour rate, it is estimated $25,000 - $30,000 would be generated from the lot per year with little additIonal management cost to the city. It is recommended by the Commission that the city consider financing the UBC improvements with city funds paid back from parking proceeds. The estimated cost of improvement is $100,000. Another option for assisting in paying for the lot is forming a parking district. This financing alternative was not supported by downtown businesses previously. Recommendation: Consideration of improving UBC lot. Attachment: UBC Lot Improvement Plans. 04/17/98 08:42 U612 525 1666 CLARK ENG. CORP. . -,I' . ._0 If :+- . ." ..~ - .' .- >4- ~~I "j Ii ~p- "1) ~ ;!; ~!;~ 1 : ~ I ~ I I Ij I . 01 I1II H!PJ I ILill I " f I I i N' n I~~~~ !ID !to i .~~ m , " mm I , ) Pi ; ~ I I Ir I ; D H , ~ Ii . "-~ ~ l~! '- ~, ! ;~H~" l~ I n I ~ J~ J ! J - N I J~il~;' QIONmlO "" 'oVl'O '~U1 ~qNt 0<----. . \2 _....aL .... ~L - STILLTfA'ER PA.KINe LOT 'I - "'114."UIII VI,.."..,.. . ~002/002 . ,..."GJ ~., r? .." p'" .... .. ..- .. ,," -~ ; ; ; .: ~ I ;. ~ 1-:, ~ r ~ e · fi I · I .1 . " ." '4'" t.,. ~ I ;~ I . i 1. 1I ~ I ': ., '1' 1; II ~ , J" . i ! ; ,! ! : ii, : :....'( . ,t !: .' i . :Chili r . I :: 1 i; 1: I 1. " I! ~; ;~ I,'~ . I ..; \. ftr r;!~ . . !! I [ : 1 i j , I . ~ ~ur f.ii l ~~ ~: I~ ~ I tit . _lo+- -- etl...._ -........ t:'.:tl1: . . . MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development DIrector V DA: April 16, 1998 RE: Request for Annexation of Neal Meadows Area Backi!round The Orderly Annexation Agreement describes the method of annexation in the city expansion area. Section 4.09 of the agreement states: "As an exception to the Phasing Schedule, the City may annex property not described in Phase I, II or ill by Resolution if the property is adjacent to the City, is petitioned for by 100% of the property owners within the area to be annexed and if the resulting annexation will not create a level of growth that exceeds the 120 dwelling units per year limitation." The Neal Meadows proposal is the land adjacent to the city and the owner of 100% of the property is petitioning the city for annexation. This item has been on the Joint Board agenda on two occasions. The developer has met with adjacent property owners along Boutwell and Neal. The owners have shown interest in the proj ect but are not a part of the petition. After annexation, of the Neal Meadows area will have to be rezoned from Agricultural Preservation to Single Family Residential consistent with the Comprehensive Plan. Any development (subdivision and/or PUD) would require city approval. The Joint Board would approve the rezoning and review and comment on the subdivisionIPUD. Recommendation: Approval of annexation (resolution) Attachment: Letter, map, resolution. - v~.~o r~~ v~,.~~v~~~ ....L1ll r~"ta l>VU 'l!JV<; :~..:T=;'r :~~~,. .E..== =-.~ T R A I L H f A b' . October 22, 1997 Mr. Steve Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Russell, This letter is to inform you of Trail Head Development Corporation's intent to petition for the annexation of Outlot A and C, Neal Meadows, into the City of Stillwater per Section 4.09 of the Orderly Annexation Agreement between the City and Stillwater Township. With this intent in mind, I would like to present a plan to the Stillwater/Stillwater Township Joint Task Force for their review and recommendation.s. . I believe that planning to develop this piece of property is timely. Extension of sewer service from the north to the scliool would likely pass through this property and require additional easement to avoid extreme soil problems. I also believe it would be beneficial to review this parcel with regard to the future park plan. I would appreciate the opportunity to present this matter to the Joint Board. I will look forward to the meeting. Sincerely, ~~w 'I"/~ ILl Jim Peterson Trail Head Development Corp. . Tr:lll M~d Devolopment (;Qrporabon . 514 Ncollet Mall . SuI Ie 570 . I.lln"..polls . ""1M~OIil55~2 . &12 341 . 0&40 . FIX 3:l~ . 4728 : ::8- I. . ~L___;J -~ '; ......._-'-~" -~~~- ~ -~----- - .~............ . \. : I ' I .,.,-"""'~,~.... -""~.........~ tJL.tJ.. ~A.~ AN~11~ $,fE \ ~ -- >......, / // r 1 ,,~ V Location Map It2tw R20W RIM T32N~ n2N mer"",, ""'...- t3CIN T29N nIN nn< JrlW RllW R2CJW VICInity Map .+. o 1195 Scale In Feet Tra~."""'~.~ .-wJ~oI'*'llr-a...'-Y ....1'l'W.no. Wlllhng&anCQUrCyollOH n-dr'..-gtnolu6dbe....lbr~ pIPOMIonly ~~lInot ,.,.".....b".,y~ 60uIw W~CIlll.riy~OIllot ~(t1'2I.uo-et75 ~..car..c:fVtIugrrw.dl31 1. . . . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 GARBAGE AND RUBBISH The City Council of the City of Stillwater does ordain: 1. Chapter 30, S30.01, is hereby amended by deleting ~30.01, Subd. 4(a) the deletion is shown as follows: "4(a) Yard '.'..ag!(; mwt bc WfYv'c)'cd ~\":i '::"i.ii0.:s.i.dc in B:fi atlthori:lcd biedcgra:dabk bag t.fJfJ~u:,'':'.l find atltlwri:lcd by the City. " 2. In all other ways the Stillwater City Code will remain in full force and effect. 3. This Ordinance will be in full force and effect from and after its passage and publication according to the law. Enacted by the City Council of the City of Stillwater this 21 st day of April, 1998 By Jay L. Kimble, Mayor ATTEST: Modi Weldon, Its Clerk ~ . MEMORANDUM . . TO: Mayor and City Council FR: Steve Russell, Community Development Direcror t DA: April 16, 1998 RE: Consideration of Purchase of Rivard Property for Community Park/Public Works Facility The City Council directed staffto continue to work on purchase of the Rivard Property at your April 5, 1998 meeting. Since that time, the following terms have been developed for Council consideration (see attached memo date 4-9-98). In considering the purchase, the assistance from the Water Board for a water tank site can be considered ($150,000) and use of the site for a public works facility. The site is the best available for the City's intended use. It is recommended the Council consider the offer and direct staff to proceed accordingly. The price may be a little on the high side at this point but with the Phase II, January 1999 development of the area and extension of public facility, the price can be justified. As a comparison, the three acre public works site in the Stillwater Business Park at $5/SF has a value of $653,400. The City recently sold Lakeview Hospital a seven acre site for $650,000. A previous appraisal indicates the cost of the 23.5 acre site at $675,000. This costs does not include business impact or relocation costs. Also, with the proposed terms, the City gets a warranty deed at closing and has two years to plan for the coordinated service use of the site. Recommendation: Consideration of terms of purchase. Attachment: Memo dated 4-9-98, map APR-09-9S THU 14:44 TSI IHe 612 331 ~602 2920 Telrnoge Ave. S.E., Minneapolis, MN 55414 . 612-331-5207 . Fax 612-331-5602 April 9, 1998 Steve Russell Re: Discussion of 4.9.98 A possIble basis for a Purchase Agreement for the Rivard (Sellet) propclty would be as follows: Purchase Price $ 1,000,000.00 Tenns - $ 500,000 payable upon closing (within 60 days) $ 400,000 payable 2 years after the closing upon vacating of the business property. 13~~ ~ \- ~... $ 100,000 payable afte~vard~ vacates the family home and relinquishes the"Life Estate. The Purchase Agreement would be subject to a 1031 Exchange and Homestead sale. Parameters to be furnished by Sellers accountant. Imputed interest on the $500,000 balance due after closing would be considered as leaseback rent of the business property to Rivard. The Rivard heme (building) would be treated as a Lifetime Estate with a $ 1.00 per year leaseback rate. The City of Stillwater would receive a General Warranty De.ed at closing and own the property and be responsible for all taxes and assessments as of closing. Per Our discussion this date. P.02 Ii . . . lIT; I I- I __ L ___ """\"' , \ I !._- - -- - \......: I ""-. I '---,' I I I I I ::::~~,~~ i,_ .... ""....' ...~~~____:::~_... i I ..... -_' I t --, -~~ '7......""....:........--.~ ,:.....-:- '-11' ~~ ~.......... "'1"--,,;:..' - . .... I I ..-~-- I i..-\I --1 I -----' ~j' - 1 / ' _ _.Yo" a I ~ :_. _ __0_. r'"~:rz , .gY;oq"'/~ 71 !..---- \ -~--- ---\ " }- -11 """';!1'-"""''- - , , _.--~~_....~....~--{ i l : l: t i------- , , '.\\ -.: I \~~ -tn' ,-- I --~'\ \ ,I \'T'l -. '--~------~._~ i..-/" ..II .._-~ \ "Yl ~ ~ \ ~,~........- ~t-_._- ---'j \ \i"Y/~"i?(\;-~\-- : - "'t- tl--- ~ ;-\""-' -- 1~: : --~Il- 1 \'~- 1-....... . ~'"'.-__L_,,__ ,_~----\ , ~ - ~ .. ---I ~~ 1 .. ~-. -................., . I I ' . r \, ,-- I : )\.~; '-... ' ~\r----)k !-I.. -Y / '\. "1 L_-/""~~~ r-J-";-~----'H . I :; -- ...-...---- '\ :',---, _~l...__ ~__ ~ ;..... ~ _~ ~ "" ~__~ ~~I" __. ~~__~ i -=::-l Wf~L~~- \.7" t' ,~_; __J~t ~ C, h / I i r I 'v.... , ; ~ ---,:- '--=-- =h ----- I Location Map II I. ,..-J ,I . --- ( r ,- ------. - I I "J I I -, l ..r.... .- " ----- ..):=. -u "1 I i[ \\ '\'\ '''\: , -. .. \ 1U1W R20W RJ'IW mNfl Jn7N m.~u" . YOU.... mw R2IW JUOW VICInity Map , .-t ' o 1195 Scale In Feet TtlIIdr-*'lIIIlfMl'MUlIoflOMrplClOon ~~oIl1nO-.:lI..1hey ~1II11_W~COI.dyo-.. 1'M~IhcUclMlftHfDr,..~ ~CIIWY w......,..c~.not ~for~~ s-ao w....,.~~OftIet PMM (l12)4>>a75 PwtJIII,..~tI'InlugtIlM'I:fI31'1W1 . MEMORANDUM . . TO: Mayor and City Council FR: Steve Russell, Community Development Director ~ DA: April 16, 1998 RE: Approval of Consultants for North 62nd Street Area Plan Two proposals for a 62nd Street Area Plan were received and reviewed. Both consultants are familiar with the area because of the Phase I expansion area planning. Westwood Professional Services is the project planners, engineers and natural resource specialists for the Legends and Liberty projects. Bonestroo and Associates prepared the ADAR Mitigation Plan and assisted staff in reviewing storm water and subdivision plans for the Legends and Liberty projects. Both firms come with excellent credentials. Proposal Review. The Westwood proposal includes seven tasks over the five to six month study time frame (May - October 98). FIve meetings are proposed with the Planning Commission, Joint Board, property owners, area residents and the public (page 8). A team comprised of a principle planner, engineer, environmental scientist and traffic engineer form the project team. The costs of plan preparation is $14,200. The work program indicates an understanding of the planning and engineering issues involved. The Bonestroo proposal is also scheduled for six months. The work program exhibits a better speCIfic understanding of the planning transportation and engineering issues mvolved as shown . on the issues map and the project issues section (pages 2-5). The Bonestroo work program has six tasks and six to eights public meetings. The project team includes Sherri Buss, Natural Resource Specialist, Planner, a landscape architect, a water resource and environmental engineer and transportation engineer. The cost of the proposal is $13,550 including expenses. Both firms come with excellent qualifications and have put together a team of professionals to cover plan issues. From City experience with the ADAR, Bonestroo's is meeting facilitation experience dealmg with a diversity of issues and technically complex problems is noteworthy. Their proposal also indicated a better grasp of the plan issues involved and at a lower price to the City. Recommendation: Direct staff to prepare a contract for services with Bonestroo, Rosene, Anderlich and Associates. Attachment: Selected sections of proposals. "'" . . '~;':,-'""~'"'''' ,-:.--....." '''''.'~I'''''' ..8 _1~1rCJ'~~.:t~.....A..~~-.a~..v..- .. \.. ,P'" '" I ~ . ! 1 " ';. " I I : .' . I ~'- I ., ! - '. ! I I -I ~ '- I" \ I. , , I .! , . ) , I , I " " I r.' , ...:..1 _, ,. " . l- j.- /, ,.r " \. 'I I ..' l ~ _ \ .' .11.,) B9l'i1estroo~ ...~ Rosene ,D, Ari~rlik ~ t I ,~/" '1~1 Associates . ;.. .. ~glneers & Architects ," f .- " ", ..: , .. .Ptop'(j$al f I .. ""... .. .. .. \ t .. " ~ __.... .'i.... ..'..... ... ...Ia..... .0. . / -' \. ,- Prg~eSsioQ(31 planrling~iJCl 'l ,..,,~ - .. l , ,Engin~eping i~et;(v!c~S , ' I ..... ,; J '. - -. I ~ ,North 62nd'S.treet'Area Plan . I. .. _ -- - , , , .\ ~ ". '.- .' '. " J" ::.. April ,IS;' i998 / - ~..... \. \ . . ;'1 , '.>.1., , .' . \ '- , 'J , I I f '.I I .... 4'_ J.,-- -...., ~.b_."~c=-,,......~,,__.~..'_rr-__~ ...,~...- -41.............~ ......."b, .~.......'" ~_= .....~~/.~......~.. ....~.~...~ .. . { l , , "'-~ ~ , . , / . ( 7 I o' l \ * 1 t . t l i , t t !' 1 Pr.oject Understanding The City of Stillwater is working to develop a North 62nd Street /\rea Plan for approximately 1 50 acres of the City. The area was annexed in 1996, and is bounded on the east by County Road 5, on the south by Highway 36, on the west by County Road J 5 and Long Lake, and on the north by West 62nd Street and the Croixwood Development. ExIsting land use in the area includes single family homes, Long Lake, several wetlands and ponds, and vacant land zoned for residential. light office, and industnal uses. Issues to be addressed In the /\rea Plan Include: ~ Zoning and residentIal densities ~ Parks and open space ~ Traffic cirCUlatIon ~ Public uttlltJes ~ Storm water drainage In 1995 the City adopted a revised Comprehensive Plan that includes the North 62nd Street /\rea. This Plan includes general guidelines for this and other portions of Stillwater's Annexation /\rea Today, the City is ready to prepare a more specifIC plan for development of the North 62nd Street Area. This plan will accommodate future development by providing more direction to developers for land use patterns, parks, traffic and pedestnan circulatIon, public utilItIes, and storm water management. The CIty staff, its Planning Commission, area residents and property owners, and the joint planning commIssion for the Annexation /\rea all have a strong interest in the area's development. Residents have expressed concerns about the impact of development not only on their property, but also on the quality of the area as a whole. All of these groups should be closely involved In the development of the /\rea Plan. The final product of thIS project will be a planning area map, showing zonIng, parks, public utility locatIon, storm water ponding, and street systems, along with a companion text describing the planning process and plan elements. ThIS work should be completed by fall, 1998, so that development of utIlitIes can begIn In early 1999. Jl CIty of Stillwater U Mxrh 62'" Street Atl!'a Plan .- . . I ' 1m I I 2> I I I I I ZJ III \ I I I J I ...., I . I , . . - I j .~)hU II ~c~ I I ~ .. . . . ~ ; ~ ;:;30~ .~Ur.~8 CD Cl) LL o o co o ('IS CU ,~' ~ = .. oOOl CU = .. = ~ ~ ~~ ~"O V1;i \C ,.Q 't Q Z z+ -!JJ .. . . . I I I I I I I I I I I I t ! . , . - ,.....- r (&-. ~! ~~ A~ f- Sl- . ~ - :="t .w, 00("- '" ..r. .. ~ c :2 . ~ "" ""v I I .. I I I I I I I. I I I I I I I .. I Key Project Issues City staff have identified several key issues, each of which needs to be adequately addressed in developing the 62nd Street Area Plan. However, the relatively small size of the area and degree of existing development suggest that creative approaches that address multiple concerns wIll make the best use of available resources. For example, solutions to stormwater management needs may provide open space and traIls, as well as bufferIng different land use areas. Solutions to traffic circulation Issues may provide pedestrian circulation and be designed to protect natural resources. SpecIfic issues to be addressed indude: o Zoning and Residential Density A generalized zoning plan for the area was developed as part of the City's ComprehensNe Plan. Classifications include Single-FamIly Large Lot and Small Lot, Attached SIngle Family, Community Park, and Research and Development Park. The City would like a more detailed concept plan that specifies residential densities and the potential for clustenng or other patterns that area developers could use in the future. The concept plan should indicate the relatIonship among the proposed land use areas, existing development, storm water faCIlities, circulatIon patterns, sewer and water utilitIes, and parks and open spaces. It should deScribe strategies to successfully integrate these elements into the Area Plan. This view of Long Lake looks aaoss the water to the It1I(!stem shore, where a potential traIl might go. o Parks and Open Space Stillwater's Comprehensive Plan calls for park and trail facilities to be Incorporated with development In the Annexation Area, and requires a 10 percent park dedication from developers. The City's existing plans 1] City of Stillwater U I\brth 6?' Street AtPa Plan 2 include development of a trail on the west side of Long lake, and a park in the southeast corner of the 62nd Street Area. The Area Plan should identify opportUnities for park and trail facilities . that take advantage of the natural resources in the area, and create connections among other existing and proposed recreational faCilities. o Storm Water Management The Stillwater Alternative Urban Areawide Review (AUAR) identified several storm water management issues in the North 6200 Street area. One key issue is the high level of storm event runoff from the east that passes through thiS area to Long lake. This not only affects Long lake, but also the pond near 62nd street and its channel to the lake. . The pond near 62nd Street The AUAR recommended the storm water system between the Market Place development and Long lake be reViewed WIth an eye to improvements of the City's storm water conveyance system. The concept plan should address how the current levels of storm water flOWing through the area will be managed, along With anticipated increased runoff from new development. CreatNe opportunities should be identified to Integrate storm water management with park and open space faCilities and surrounding development. City staff have also identified the Jack of an outlet for CrOlxwood pond as an issue, as well as management of several wetland basins that exist in the plannrng area. The concept plan should identify appropriate storm water management strategies that protect the quality of these wetlands from the Impacts of proposed development, while integrating them into the development concepts for the area. o Traffic and Utilities City staff and consultants have identified concepts for traffiC circulation . and development of sanitary sewer and water utilities in the planning area. These concepts need to be reVIewed based on the capacities fl~m~~~ 3 U /Ikxth 62'" Street Area Plan ~ I. I I I I I I I I. I I . . . I . .. . needed to serve proposed development, then refined and integrated with the land use patterns developed in the Area Plan. Specific Issues to be addressed include: ~ Closure of portions of 62nd Street ~ The route of the proposed frontage road along County 5 and 36 ~ ConfIguration of the frontage road's connections to County 5 and 62 ~ Possible sewer connections for existing homes Prooosed frontaoe road route. o Existing Development/Current Land Owners A number of single family homes eXist on the south and east sides of Long Lake. Residents and other landowners want to be sure future development IS managed in harmony with what already exiSts They also have clear Interests in how potential road and utility development in the study area Will relate to their properties. Landowners in the study area should be informed about the planning study and Invited to partiCIpate In the planning process. The JOInt Board for the Annexation Area (Including representatives of the City and Township) should also be InVIted to partiCIpate. o Natural Resources The City of StIllwater adopted the AUAR and MItigatIon Plan for the Annexation Area in September 1997. This plan discusses natural resources and Issues in the Annexation Area, and details speCIfic steps the City Will take to protea, minimize, or mitigate impacts to natural resources as the AnnexatIon Area is developed. Natural resources in the 6ZvJ Street area (such as woodlands, wetlands, and roiling topography), offer excellent opportUnities for buffering land uses, managIng surface water, proVIding open space, and enhancing the character of development. JJ City of Stillwater h North 62'" Street Area Plan 4 , , 1 " I I I I I I, I I I I I I I I "I' 'i .::4 Work Plan and Schedule . The Bonestroo team has discussed the CIty's Request for Proposals and the issues identIfied for the North 62nd Street Area Plan. CIty staff were helpful In identifying their preferences for a planmng process for this study. Based on these dIscussions, we propose the following steps: Task 1 - Identify and Map ExIsting ConditIons and Concerns We will gather existIng InformatIon from CIty staff and departments, the Stillwater AUAR, and other sources as appropriate, and complete field work as needed to identify existing conditiOns, resources, and Issues In the North 62nd Street Area. ThIS will Include the following: ~ Land cover types and natural resources ~ ExIsting land uses in the area and in adjacent areas ~ Existing roads and utilIties ~ ExIsting plans and concepts ~ Topography and draInage patterns ~ Problem and issues areas ~ Opportunity areas We Will complete a written summary and analysis of current conditions and Issues, and create a site analysis map including the elements IdentIfied above. . DellVerables: Summaty of Q./rrent conditions and issues in the North 62nd Street Planning Area. Maps illustrating existing conditions, issues, and opportunities. lime frame: Complete within five weeks of prqjea start. Task 2 - Meet with City Staff, Planning Commission, and the Public to Present the Information Gathered in Task 1 We Will meet with CIty Staff and Planmng CommiSSion members to present our fIndIngs from Task 1, and reVIse the written summary and maps as needed to accurately reflect current condItions. If deSired by Staff and the PlannIng CommiSSIon, we will hold a public meeting to present thiS informatIon, and receIVe additional Information and Ideas from those interested In the study. The meeting should indude landowners in and near the planmng area, the JOInt Planning Board for the Annexation Area, regulatory agencies, and other interested parties from the AUAR process, and City representatives. Information from the meeting WIll be Integrated into the summary and maps of current conditIOns in the planning area. DellVerables: Meeting with City staff and Planning Commission . members. U~~~~~ 6 11 /lbrth 62'" Street Area Plan l . . I I I I I I I I. I I I I I I I. I I 11 City of Stillwater 11 /Ibrth 6Z'" Street Area Plan PubliC meetmg with all those interested in the Area Plan. Revised summary and maps of current conditions, issues, and opportunities in the Planning Area. Time frame: Complete within six weeks of prqject start. Task 3 - Develop 2 to 3 Concept Plans for the North 62nd Street Planning Area We will develop 2 to 3 concept plans for the Planning Area. The plans will identlfy potential land uses, densities, and development patterns for the Area. Based on these patterns and needed capacities, the plans will identify locations and make recommendations for parks and trails, roads, utilities, and storm water management facilities, and integrate these With the proposed development patterns and exIsting faCilities in the area. The plans WIll include recommendations for buffers, connections, and other strategIes to Integrate proposed land uses With eXIstIng homes and natural resources. The concept plans will identify creative ways to integrate land uses, development patterns, and needed faCIlities to make the best use of available land and resources, protect quality natural resources in the planmng area, and respect existing land uses. The plans will develop strong concepts and strategies to assist developers in planning high quality future development. We Will meet With City staff, Planning CommiSSion members, and the public to present and discuss the concept plans. DellVerables: 2 to 3 concept plans including zoning, parks, public utility lOcatiOns, storm water facilities, and summary text describing the plan elements. Two meetings with City representatives and the public to diSCUSS the concept plans. Time frame: Complete within four months of prqject start. Task 4 - Develop North 62nd Street Area Plan Based on comments received on the concept plans, we will work closely with City staff and officials to develop a final plan for the North 62nd Street Area. The plan will provide specifiC direction for land use/zoning, denSities, development patterns, parks and open space, CIrculation for cars and pedestrians, public utilities, and storm water management to accommodate proposed development. The plan will descnbe the relationship of proposed development to exIsting land uses, natural resources, and utilities, and identify speCIfic. creative strategies to Integrate new development comfortably with these eXIsting elements. Products of this step will Include a p/anmng area map showing zomng/land uses, parks, public utility locations, storm water management elements, street system, and text describing the plan process and plan elements. Deliverables: Planning area map and text as descnbed above. 7 Task I Month 1 I ~ ~ ~ ..~...._~{-...... ~_...., ~.1.. ""'t. ..... .. '?' ,..~ ~ 1 . Existing Conditions ' - i I t t ! r i i' t I I I I t I I I '" I I 12. Public Meeting 13. Concept Plans 14. Final Plans 15. Presentation J] City of Stillwater l.l North 62'" Street Area Plan 8 Time frame: Complete within five months of prcyea start. Task 6 - Present Area Plan to City Planning Commission, Council, and the Public The plan completed in Task 5 will be presented to City staff, the Planning CommiSSIon, City Council, Joint Board, and interested public. The plan will be reVIsed as directed by the City based on comments receNed at these meetings. Deliverables: 2-3 meetings with the City and the Public to present the Nea Plan. Anal revisions to the plan and map, as requested by the City. Up to 25 copies of the final plan and map Will be prOVided to the CIty. Time frame: Within six months of prcyea start. . o Schedule Month 2 I Month 3 I Month 4 I Month 5 I Month 6 11I111111111111111 111II11 . I11111 I I 1 I 1 I I I I111111111111111 . ~ompensatjon . The budget we propose for completing the North 6200 Street Area Plan (Tasks 1 through 5 In the Work Plan) is S 13.550. including expenses. The amount is based on our understandIng of the Request for Proposal. and the work plan included in this proposal. If our firm were selected to complete thIs work, we would apprecIate an early opportunrty to talk through the work plan and costs with you to reach a mutually agreeable work plan and budget. Proposed Costs, Tasks 1-5 Expenses $ 13.250 300 $13,550 Total Costs I Hours -'" -... ~ " Manager. Parks. ~ ~ ~ ~ ~ .",,'-~" landscape Landscape Trcnspa1atIco Storm water & Task ~' :~_:- ; ~ Architect Architect SpeoaflSt Sewer Engineer 1 . Initiation 4 4 4 4 ExIsting Conditions 4 4 4 12. Public Meeting 4 4 4 . I 3. Concept Plans 20 10 4 20 I 4. FInal Plans 10 4 4 10 I 5. Presentation 8 8 I Total Hours 50 22 16 50 o 1998 Billing Rate Schedule Classification . Senror PnnClpal Principal/ProJect Manager I Senror SCientist Registered Engineer/Architect I Natural Resource SpeCialist Project Engineer/ArchItect/Scientist I Sr. Field SupervIsor GIS SpecIalist I Senior Designer Graduate Engineer/Architect/ScientIst I FIeld Supervisor SenIor Drafter/Inspector Inspector I Drafter I Senror Technrcian TechnrClan Word Processor Oencal Total Station Equipment GIS Workstation Equipment Water GIS EngIneer Graphics 4 4 4 20 4 20 16 40 HaJryRate $92.50 8300 72.00 63.00 62.00 56.50 51.00 47.50 33.50 33.00 25.50 20.00 20.00 These rates are acfjusted annually in accordance with the normal rewew procedures of Bonestroo, Rosene, /lnder/ik and Associates, Inc. I:J Ory of Stillwater 1.1 North 62'" Street Area Pfan 9 ~ ..H'~~\" ~.........._ ............~....,~-joJ:r~>J.... - _ O~:15/98 l~:ll FAX 9375822 Westwood Prof. SerTlces ~O:ll . Soorces: USGS DCX:l (1991); MVDOT M1BASE (1997) North 62nd Street Study Area Stillwater, Minnesota \ 1~. ~ ProfessIomI ServIces, Inc. ~, 7599 Magrlm C\1ve Eden Prame. ~ 55344 --: . 04/15/~~ ~~~4':il F~ 9~?~,az(~:;.~~ ~.~t..., - ""......"'1 +-;> ~ ,.. -0.. ~ - ltL 1<-: -..... ...- ~ . . t.., -_, 4'J1-,:it..;.:.."..~ ""!I f io~~'. ~~t;,..: ",~ ,~&:l....":" ~).."'''t.~;;I.-;~... :"f"...;~'#~." ~'f" ). ~........ ~ -.j ., ~ .... ....t \ .. 1-;.'" .. ...t ~~ ",'~l __ . ,~....- -'-,'- .. ;-.,' , ..-..-- . '" I ... ", . "., WESTWOOD PROFESSIONAL SERVICES, INC. APPROACH In an effort to implement an efficient and effective plarming process, community involvement with the process is crucial. Westwood brings together an experienced, multi- disciplinary team that will incorporate their knowledge and experience with that of the City staff and officials to provide a plan suitable for existing and future land uses. Westwood is particularly interested in this project because we have direct experience with many of the elements identified in the request for proposals. Due to our past and current work experience with both private and public clients, we can provide you with a first-hand knowledge to integrate private and public interests into your project. WORK PLAN Task 1: Issue and Goal Identification · A "start-up" meeting will be held to familiarize participants with team members; clarify information resources and study procedures; determine project visions of overall area development; and gather specific issues of emphasis and concern (Meeting #1). . A meeting will be held with Cay staff, officials, and the Joint Planning Board and a separate meeting with existing property Olmers, adjacent property owners, and potential developers. Westwood will provide two separate meetings on a single night to identify issues and goals. We feel it is beneficial to have separate meetings to gather the most candid perspectives and concerns from each group. . Task 2: Inventory · Westwood will review all existing documents relevant to the study area and the development of a concept plan. This review will include typical documents such as a zoning/subdivision ordinance, comprehensive plan, park plan, trail plan, storm water management plan, shoreland ordinance, etc., relevant to the project area. . Westwood will assess the area's capabilities and constraints by conducting both on-site investigations and in-house analysis. This will require the analysis of items such as topography/slope (including two-foot contours for the study area), soils, hydrology/wetlands, vegetation (species, sizes, etc.), existing and adjacent land use development character (residential, industrial, park, commercial, etc.), roadways/accesses, etc. Westwood already possesses some of the topographic information due to LAND USE PLANNING PROPOSAL CITY OF STILLWATER - NORTH 62ND STREET AREA PLAN 2 - >'~ 04-(1~/!8 " ~_4:i) -~~ 1~7~~~~~ ~~};;;V" ~~~. ~ ,~;., ji';!" .;:' <. _~6>~;;"; !'J .-it~~~-_ .;2,s..f",,"":,"'!. '" '" ...-+,. -;.-~ - >- ~ 'p.-.,If..a~~7it! _~,~..;:.,,--... ~ ' ~ ,.;.~....-....""v ~ ~ ~I"-,.. -. .;-" .' ,- ~ ~ -;".., I 1',,1.,." .... '" WESTWOOD PROFESSIONAL SERVICES, INC. recent involvement with adjacent "Legends" and "Liberty" developments. This analysis will also review constraints and capabilities in relation to internal and external traffic circulation. . · Inventory data will be summarized in graphic (GIS or AutoCad) and narrative form. Specific graphics regarding the Study Area that will be included with the report are as follows: · Aerial Photograph · Topography · Development Constraints · Existing Land Use · This information will be presented to the Planning Commission and Joint Planning Board to provide a project update and gain comments through a local project review (Meeting #2). The inventory graphics and a summary of conclusions will be presented to the Joint Planning Board and Planning Commission. At this point in the process, those reviewing the inventory will be asked to provide additional input and direction as necessary. . Task 3: Land Use Compatibility Assessment and Concept Plan Development · Westwood will develop 2 or 3 land use concept alternatives that incorporate land uses, traffic circulation, and open space elements. (Land use plans are general; no detailed subdivision plans are depicted at this time.) Based upon information obtained through the Issues, Goals, and Inventory, Westwood will develop 2 or 3 concept plans depicting a range of land llse alternatives for the Study Area. In an effort to stimulate discussion and suppress any preconceived development ideas, Westwood will intentionally provide a concept that appropriately challenges the overall land use development of the area. (We have used this approach when designing comprehensive guide plan land use maps and found it to be very effective in presenting a "new" development perspective to be considered.) Additional methodology used to generate the concepts could include land swapping, site rearrangement, land use transitions and screening. These alternatives will incorporate traffic and pedestrian circulation systems associated with any new and/or existing roadways, accesses, land uses, and open space areas. . LAND USE PLANNING PROPOSAL CITY OF STILLWATER - NORTH 62NO STREET AREA PLAN 3 ~ ~-"., ~ .-.---;:- - - . . . . .' .:' j;' ~'>I .J'rW~W~j,~~~:-~;~~r~~11I<t1<.\~~~~*W t:.~ ,~. ,"" ~: _.~=. ,:::-~:::6~?~~~::;~~,i ~ .~_ ~'-:~,,~_~:"_~',"-~~"' .... "T WESTWOOD PROFESSIONAL SERVICES. INC. Task 4: Task 5: . The concepts will be presented, and rationale explained, to the Joint Planning Board and Planning Commission (Meeting #3). The Planning Commission and Joint Planning Board will review and critique the concepts. This critique will conclude with the determination of one optimal land use plan for the study area. (The land use plan may include elements from each of the proposed concepts or be strictly limited to one alternative concept.) Once there is a consensus, a draft plan for the study area will be synthesized. Draft Land Use Report and Master Plan . A draft land use report and master plan will be developed based upon the conclusions made through Task 3. Westwood will refine the concept chosen as the preferred study area land use plan from Task 3, and develop supporting text for the report. . Westwood will further analyze and incorporate additional plan components and recommendations particular to the selected plan. The additional components to be incorporated into the preferred plan would likely include infrastructure routing, landscape/site improvements (those specific to the City and/or future developers), parks/trail needs, zoning or comprehensive plan amendments, development densities, trip generations/intersection improvements, street patterns, and size storm water pond system for the area, etc. Conclusions to these issues will be integrated into the plan by graphics, text, or both. . Westwood will present and provide copies of the draft land use report and master plan for review (Meeting #4). After completing the draft report and plan, a presentation and copies of the draft plan will be provided to the Planning Commission and Joint Planning Board. These entities will be asked to review and provide any necessary revisions for the Final Report and Master Plan to Westwood. Final Land Use Report and Master Plan . Westwood will make final revisions to the report and plan based upon comments received through Task 4. LAND USE PLANNING PROPOSAL CITY OF STILLWATER - NORTH 62ND STREET AREA PLAN 4 ~~~.,;;..,..... .'r- ~ .....,.. ,-....", --~ "., WESTWOOD PROFESSIONAL SERVICES, INC. . Westwood will present the final land use report and master plan to the City Council (Meeting #5). . Westwood will present the final land use report and master plan for the study area to the City Council (this meeting would include the Joint Planning Board, Planning Commission, residents, staff, etc.). The master plan is a land use planning tool less refined than a preliminary plat requirement. This presentation would include recommendations regarding comprehensive guide plan or regulatory ordinance amendments necessary to implement the new plan. Westwood will also address possible phasing methods needed to develop the plan according to infrastructure improvements/extensions. The following outline indicates a likely final plan report format. The outline is subject to change due to conclusions made throughout the project and the client's request. The final land use report would likely follow this format: PROPOSED FINAL REPORT OUTLINE I. Planning Process Explain the process involved with the plan's development. . II. Issues and Goals Restate the issues and Goals determined through meetings. III. Inventory Provide text and graphics of data used to base of decisions for the study area. IV. Land Use Concept Alternatives Distinguishes an overview of all concepts considered and rationale for the preferred plan. V. Land Use Plan Shows master land use plan graphic (includes character, land uses/density, parks/trail, phasing, infrastructure needs, storm water management, circulation pattern). Provides the planning text to support the land use plan. VI. Implementation Suggests the activities necessary to appropriately integrate the plan (amendments, phasing, etc.). . LAND USE PLANNING PROPOSAL CITY OF STILLWATER - NORTH 62ND STREET AREA PLAN 5 . . . - " I: ~;....... _, - ,. '-':'~....J~:;U~~~"-'~:V'-:~- .~~_~ :':;':.f~'r~'rJ>;'.A:-';..\.?-:..,_~~~..~- .2JII ". .1:.Q:;A-..._"'......~~I'G"1'"-:..dt.~...,..._~. ,'_ _ _ - ';';'" -" - : . "...u-,." ~~......~.....~~~""'-, '" WESTWOOD PROFESSIONAL SERVICES, INC. Task 6: MeetingslW orkshops · Westwood proposes to conduct five meetings/workshops. Most of the tasks will require at least one meeting/workshop. Our team of professionals will work with community leaders throughout the series of meetings/workshops that correspond with the project. Meetings/ workshops should be held at night or on weekends to ensure maximum participation. The meetings are goal-oriented and designed to solicit active participation by community leaders. Each meeting, with exception to Meeting #1, will allow the Planning Commission and Joint Planning Board to review the progress and ultimately supply the consultant with the appropriate information to advance the project. The Master plan will evolve throughout these meetings. The consultant's role is to present the alternatives, advise, solicit decisions, and make appropriate revisions as necessary. Based upon the request for proposals, we view the Planning Commission and Joint Planning Board as the primary entities involved with the ultimate decisions. The City will need to confirm this position or direct the consultant otherwise. Task 7: Printing . vVestwood will provide 20 original copies of the adopted Study Area Plan and one enlarged (30" x 40") colored Land Use Plan. Once the Report and Master Plan are adopted, Westwood will follow through with the printing of the documents. We typically print out the previous items and quantities; however, the City may choose to have more or less of each item which would cause an adjustment in the cost of printing. LAND USE PLANNING PROPOSAL CITY OF STILLWATER - NORTH 62ND STREET AREA PLAN 6 '" WESTWOOD PROFESSIONAL SERVICES, INC ASSUMPTIONS . 1. The City will provide Westwood with a digital topographic and plat base map for study purposes. 2. The City will provide Westwood with copies of their documents and plans regarding the study area as deemed necessary and appropriate (includes land use plans, zoning/subdivision ordinance, etc). 3. Wetlands will be identified through NWI maps and windshield observations only. No additional field surveyed delineation or agency confirmation is included with this work plan. 4. The City shall provide data as appropriate for the planning process. If engineering data on existing conditions is needed, it will be furnished by the City engineer. 5. The City shall provide space for meetings and handle any notifications of the meetings. 6. Westwood may, at its own discretion, furnish more than one person to any of the meetings at no additional cost to the City. 7. No mileage will be charged by Westwood to or from meetings/presentations. These costs will be covered as part of the fixed meeting fee. . . LAND USE PLANNING PROPOSAL CITY OF STILLWATER - NORTH 62ND STREET AREA PLAN 7 '" WESTWOOD PROFESSIONAL SERVICES, INC. TIMING AND ESTIMATED FEES . PROCESS DURATION TASK 1: Issue and Goal Identification 1 month (May) TASK 2: Inventory 1-2 months (May - July) TASK 3: Land Use Compatibility Assessment 1 month and Concept Plan Development (July - Aug.) TASK 4: Draft Land Use Report & Master Plan 1 month (Aug. - Sept.) TASKS: Final Land Use Report & Master Plan 1 month (Sept. - Oct.) TASK 6:: Meetings/W orkshops 5 @$250 each . TASK 7: Printing: . 20 Reports - Each including 1 color Study Area Land Use Plan. . One 30" x 40" Study Area Land Use Plan (for display and reference purposes) TOTAL Final Report to be completed in the beginning of October. S - 6 months COST $350 $2,700 $2,700 $3,500 $3,000 $1,250 $700 $14,200 Work shall be billed monthly as incurred using Westwood's hourly rate schedule for tasks 1 through 5. These will be fixed fees, not to exceed the stated amounts. Tasks 6 and 7 shall be billed as incurred; meetings at $250 each and printing at 115% of the cost. Additional studies or tasks not specified within the context of the work plan can be accommodated on an hourly basis. A copy of our hourly fee schedule is included. . LAND USE PLANNING PROPOSAL CITY OF STILLWATER - NORTH 62ND STREET AREA PLAN 8 ~ ORDINANCE NO. 859 . AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF STILLWATER, MINNESOTA, PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE AND PROVIDING WHEN SUCH CODE AND TmS ORDINANCE SHALL BECOME EFFECTIVE The City Council of the City of Stillwater does ordain: Section 1. The Code entitled "Stillwater, Minnesota City Code" published by MunicIpal Code Corporation, consisting of Chapters one (1) through fifty-nme (59), each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before January 20, 1998, and not included in the Code or recognized and continued in force by reference are repealed. Section 3. Unless an offense is declared to be a petty misdemeanor or another penalty is expressly provided, every person convicted of a Violation of any provision of the Code will be pUnIshed by a fine of not more than seven hundred and no/IOO dollars ($700.00) or by a sentence of not more than ninety (90) days or both. Each act of violation and each day upon whIch any violatIon occurs will constItute a separate offense. The penalty provided by this section, unless another penalty is expressly prOVided, will apply to the amendment of any Code sectIOn, whether or not the penalty is reenacted in the amendatory ordinance. In additIOn to the penalty prescribed above, the City may pursue other civIl remedIes and the revocatIOn of licenses or permits. . Section 4 Additions or amendments to the Code when passed in the form indicating the mtention of the Council to make It part of the Code will be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 5. Ordinances adopted after January 20, 1998, that amend or refer to ordinances that have been codified in the Code will be construed as if they amend or refer to like prOVISIOns of the Code Section 6. This ordinance will be in full force and effect after its passage and publicatIOn. Enacted by the City Council of the CIty of Stillwater this _ day of , 1998. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST. Morlt Weldon, Clerk . . . . ORDINANCE NO. AN ORDINANCE REGULATING ANIMAL WASTE The CIty CouncIl of the City of StIllwater does ordain. 1 The Stillwater CIty Code is hereby amended by adding the following section "Subd. 1. Definitions. For the purposes of this Section' a Owner means person who harbors, feeds, boards, possesses, keeps or has custody of an animal b Animal means a dog, cat or other animal Subd 2. Unlawful Acts. It is unlawful for any Owner to' a Suffer or permit an animal to defecate on public property or the private property of another, without immediately removing the excrement and dispOSing of It in a sanitary manner. b. Suffer or permit an animal to be upon public property or the pnvate property of another unless the animal is in the custody of a person of suitable age and discretion having in their possession equipment and supplIes for excrement removal. Subd.3. Exce!'tion. The provisIons of SubdivisIOn 2, subparagraphs a and b do not apply to a guide dog accompanying a blind person, a service dog accompanying a disabled person, or a dog while engaged in police or rescue activity." 2. The City Code is amended by inserting these new sections in the Chapter entitled "Dogs and Other Ammals" and the section of the City Code entitled "Violation a Misdemeanor" are hereby adopted In their entirety, by reference, as though fully set forth verbatim herein. 3 This ordinance shall be in full force and effect from and after its passage and publIcatIOn as reqUired by law Passed by the CIty Council of the City of Stillwater this _ day of April, 1998 CITY OF STILL WATER Jay L. Kimble, Mayor ATTEST: Morli Weldon, Clerk Ie MEMORANDUM . . TO: Mayor and City Council FR: Steve Russell, Community Development Director V DA: April 16, 1998 RE: Request for Approval of Resolution Supporting Tax Credit Housing Project The followmg request for approval ofthe attached resolution was received from Anchobaypro Inc., Tim Nolde. The resolution would help the developer qualify for use of state and federal housing assistance programs to provide affordable housing for low and moderate income households. The housing next to the Courage Center was a tax credit project. The City's Comprehensive Plan calls for a balance of affordable and market rate units in the community. All new development in the Liberty and Legends area will be market rate, $200,000+. No specific project or number ofurnts is proposed by Mr. Nolde at this time. The resolution would show community government support for affordable housing and allow the developer to apply for tax credit and Metropolitan Housing Opportunities Program Assistance. Any development would have to be consistent with the City's Land Use and Zoning Regulations. Attachment: Letter and resolution. ANCHOBAYPROINCORPORATED Post Office Box 119 Stillwater, Minnesota 55082 1 612/4394187 . April 14, 1998 Stillwater City Council City of Stillwater 212 North Fourth Street Stillwater MN 55082 Dear Councllmembers. We are currently attempting to provide affordable housing in the city of Stillwater. As you are aware, a tremendous shortage exists throughout the metropolitan area for quality, affordable housing for seniors and families. Our plans call for using as many of the financing programs available to provide this housing, In order for us to proceed, we need the Council's support in the form of a resolution. The deadline for applying for the various funding programs for 1998 is May 1, 1998. One of the components of the funding application is a resolution in support of our project. I have attached a copy of the resolution needed. In effect it follows the Comprehensive Plan created by the city. We appreciate all the help the city can provide for us and promise to deliver a quality, . affordable project in the event we are successful in obtaining the necessary funding. Sincerely, -;:: ~.. Tim Nolde Anchobaypro, Inc. . ~ 1 RESOLUTION NO. 98- -. CITY OF STILLWATER RESOLUTION AGREEING TO WORK WITH THE WASHINGTON COUNTY HRA, MINNESOTA HOUSING FINANCE AGENCY, AND ANCHOBAYPRO, INC., TO SUPPLY AFFORDABLE HOUSING UNDER MHOP, ARIT, AND TAX CREDIT PROGRAMS WHEREAS, the City of Stillwater supports a balanced housing supply, with housmg available to all people at all income levels, including ownership and rental; and WHEREAS, there is a shortage of affordable housing in the City of Stillwater; and WHEREAS, the City's policy under its Comprehensive Plan is to support the efforts of the Washington County Housing and Redevelopment Authority in providing affordable housing at appropriate locations; and WHEREAS, the City's policy under its Comprehensive Plan is to participate in Minnesota Housing Finance Agency ("MHF A") programs that provide assistance for affordable housing; and WHEREAS, the Metropohtan Housing Opportunities Program (MHOP) under the Hollman Decision has funds available through the Washington County lIRA for private developers for the development of affordable housing including MHOP units; and . WHEREAS, the MHF A has funds available through the orAab1e Rental Investment Fund ("ARIF") program for private developers for the development of affordable housing and will allocate tax credits to selected affordable housing developments to assist in their development; and WHEREAS, Anchobaypro Inc., is a private developer an is willing to provide through an affiliate affordable housing under the MHOP, ARIF, and tax credit programs in Stillwater; and NOW THEREFORE BE IT RESOLVED THAT the City of Stillwater hereby agrees to work with the Washington County lIRA, the MHFA Anchobaypro, Inc. (and its affiliate) and to participate in the above programs in connection with the Development of affordable housing in the City of Stillwater. Adopted by the City Council on the _ day of .1998. Mayor Attest: . city clerk r ~. . . . . . . -, ~ \ MEMORANDUM TO: Mayor and City Council ~ FR: Steve Russell, Community Development Director DA: April 16, 1998 RE: Beginning Parks Master Plan Discussion At your meeting of April 7, 1998, staff was directed to prepare a general description schedule and estimated cost for a City of Stillwater Parks Master Plan. Below is a typical outline of a Master Plan: Introduction Inventory and Analysis of Existing Conditions Trends Analysis Issues Analysis Vision and Mission Goals and Strategies Parks Development and Stewardship Trail and Greenway Development Natural Resources Management Design Standards Capital Improvements Program In the implementation section, specific improvement for existing and new parks can be made with an attached cost. Trail designs can be provided. It would take 8-12 months to prepare a Master Parks Plan and the costs is estimated at $35,000 - 50,000. I would strongly suggest a professionally administered questionnaire identifying park needs. A key issue that will need to be addressed is: Who are we providing parks for? City residents/others and a method of Stillwater parks planning in the context of the surrounding area. In most parks plans, open space and natural resources protection is considered along with active park space. The parks plan could provide a framework for the Ad Hoc Open Space Committee and their interest in open space as well as the Parks Board active parks interests. Recommendation: For your information. If the Council is interested in proceeding with a Master Plan, staff could meet with the Parks Board to discuss plan contents with them. . Attachment: Typical RFP . It .... MAPLEWOOD PARKS AND RECREATION DEPARTMENT 1830 EAST COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109 REQUEST FOR PROPOSAL . DESIGN SERVICES FOR UPDATING OF THE MAPLEWOOD COMPREHENSIVE PARKS AND OPEN SPACE PLAN The CONSULTANT'S servIces shall include normal planning services as follOWS' A. SCOPE OF SERVICES. Basic Services \. ~~k I _ Fo.r.us MeetingslProjecl Start Up. a. General project administration and start-up including scheduling and internal administrative set-up and management overview. Worl< will begin within 14 days of City Council approval of a contract. It is anticipated that the City Council will review the recommendation from staff on March 26, 1998. b. Meet with City staff to clartfy the project. prepare the project schedule, and review available information regarding the current status of the comprehensive parl<s and open space plan. c. Schedule a worl<lplanning meeting with the parl<S and Recreation Commission to review the identified project schedule. . d. Prepare a written report defining the resuits of the FocUS meeting with the parl<s and Recreation Commission and City staff members. 2. IPsk II - Site Analysis a. Review the eXIsting Maplewood comprehensive Plan specifically the parl< section as it relates to the existing parl< sites, proposed parl< amenities, open space properties and related parl< features (Ie county and public/private open space lands). b. Prepare a graphic analysis of the existing City park system which will be utilized for presentation to City staff, parl< Commission and City Council at a public worl< session. The purpose of thIS meeting will be to identify the status of the existing parl< system to identify positive features, areas of improvement, s\rengths/weaknesses, and begin to identify a vision statement, accompanied by goals and objectives. c. Prepare a written document outing the existing parl< system With a proposed vision statement/preliminary proposed parl< improvements for presentation to City staff and parl<s and Recreation commission. . . . . .- 4- d. Conduct a final vision work session with City staff and Parks and Recreation Commission to review the final analysis and define long range park planning objectives. 3 Task III - Program Confirmation a. Prepare for and conduct a citywide meeting with the Parks and Recreation Commission, City staff and City residents to review and discuss park system goals, objectives and vision statement. The meeting will be held at the Maplewood Community Center and serve as a framework from which to receive public input on the existing park system. b. Establish a community survey that will be inserted into the Maplewood In Motion to identify community park needs and/or priorities. The study will need to be reviewed, tabulated and analyzed for Commission and Council and City staff review. c. Prepare a written report summarizing the city Wide survey and prepare a preliminary master plan. 4. Task IV - Master Plan Development a. Prepare a master plan based on the viSion statement which has been reviewed in depth by City Council, City Residents, Parks and Recreation Commission and City staff. The master plan should be a reproducible copy suitable public presentation The master plan will refine the concept plan and clearly illustrate the relationship between the various park faCilities and public/private amenities. b. Conduct a second public hearing With the residents coordinated with the Parks and Recreation Commission and City staff to present the proposed master plan. d. Submit the final master plan to the Parks and Recreation Commission, City staff and City Council for final approval. e. Prepare a written and graphic documentation Including the final master plan graphic. Proposal should include fifty reproducible copies of the master plan document. 5. Task V - Budget Analysis a. A final budget analysis for all projects in excess of $50,000 must be identified in written form and prioritized on a project basis With an identified funding source. b The long range park and capital improvement plan should be done on a five year basis with projects outlined in the first five years to not exceed $5,000,000 the ten year capital improvement plan for the year 2005 - 2015 should include final "build-out" with all proposed and anticipated projects with cost estimates projected into the future based on a constant percentage Increase of 5% per year. 6. Task VI - Open Space Lands A. The comprehensive park plan should have a section regarding open space properties which would identify the following: 1. Defined plan to integrate open space properties with the existing parks and open space system 2. Proposed guidelines and/or funding sources for the development of the existing nine open space parcels. 3. Guidelines regarding land management and maintenance of open space properties 7. Task VII - Develop a comprehensive sidewalk and trail system The study should include a development of a comprehensive sidewalk and recreation trail system that includes the following issues: a. Mapping and graphics that would identify existing trails system including the Gateway and Willard Munger Trails. b. A proposed comprehensive trail system that would tie the existing trails and identify potential trail and sidewalk opportunities both within the city of Maplewood and surrounding communities. c. Develop a proposed maintenance plan with annual cost estimates for maintaining the trail and Sidewalk system including seal coating, replacement, winter snow removal, sweeping and other regular maintenance tasks. 8. Task VIII Provide staff technical assistance in the development of a proposed park referendum scheduled for the spring of 1999. This assistance shall include, but not be limited to: a. Development of information material for the public b. Preparation of cost estimates and rough concept plans for proposed park improvements c. Attend at least two public park bond referendums task force meetings. 9 Task IX - Document Preparation a. The end product of the Comprehensive Park and Open Space study will be a document in a form yet to be determined. The document must be reproducible. Fifty copies of the document should be included as part of your proposal. b. The proposed master park sidewalk and bicycle plan should be reproducible in a 11" x 17" format and proposal should include 1 00 copies. -~ ... . . . . ... '\.. c. The master park plan map should be reproducible in 11" x 17" format and . proposal should include 1 00 copies. 10. Task X The RFP should also include design services for development of a master plan for Robinhood Park. Robinhood Park is a four acre neighborhood park which is scheduled for renovation in 1998. The current budget for the project is $100,000. Design services will include development of master park plan and construction documents where applicable. The City has allocated not to exceed budget for this project of $37,000. The RFP proposal response should be forwarded to: "Bruce Anderson 1830 East County Road B Maplewood, MN 55109". The RFP proposal should include twelve copies of the RFP and be delivered no later than Thursday, March 12, 1998. . . , , MEMORANDUM . TO: Mayor and Council FR: City Coordinator RE: Parking study for City Hall Neighborhood area DA: April 17, 1998 Discussion: Pursuant to Council direction, a meeting was held on April 14th (see attachments) to discuss parking issues in the City Hall/Library area (the impetus for the discussion came from the workshop the Council had with the Library Board on March 17th). Representatives from Ascension Episcopal Church, Trinity Lutheran Church, Stillwater Library, Post Office, Warm World/Family Services and City Hall attended the meeting. The meeting resulted in a consensus of opinion that the parking needs of the area, based on current conditions, as well on plans for future expansion of some institutions (e.g., Ascension Church, Library and Warm World/family Services building) far exceed the present capacity for parking. . One popular solution to the parking problems is the construction of a parking ramp at the present Trinity Church parking lot. Other options discussed were: the construction of a ramp behind City Hall, the construction of a parking area at the present City Garage site (assuming a new Public Works facility is constructed at another location), construction of a farking lot (or expanded lot) at the Library site, and the construction of a ramp between North 2n and 3rd streets. The most popular solution appeared to be the construction of a ramp at the Trinity parking lot site. However, the cost of a suitable ramp is estimated to cost between $2.5 million and $3.0 million. On the other hand, fmancing of the lot may be achievable if the institutions involved have the ability to pay the costs over time. In any event, the parties all agree that further study must be undertaken in regards to this issue. The parties are requesting that the City commission a qualified firm to develop a study and recommendation for Council consideration. Therefore, I would recommend that the Council establish this as a work program and that the Community Development Director be directed to carry out the work program. Perhaps Steve could do a follow up report and recommendation to the Council at the next meeting. The report could include a cost estimate of the work program. Recommendation: Council consider establishing a work program related to parking issues in the City Hallineighborhood area. _ /)filA . 0 200 Scale III Feet ~ P~ES8J ~---- .' -:::::- - ; PAR\<: ~ a~ tJ ,--- 31 ..3,. A- iZ t:: F\ .- - C; _ ,,,,".<a ~:;::::..~=~.......,... ~.~_VI ............... ~-;w::~~..-::.~ .,.~-..,.~~.- ::= ,:=~;..... ____I CMtu . '_d___.-.p.~J' .... --- . -_._..-.- ._-- ...... .. - , "' " ~- ---~--- -..... g ~ ~ a ~ i a ~ a i a , iiI. ~ 24 '. --- ~-.----7C;;-; ~ 21 ,~ ~---;- ~...A" .. ....,,,# 9,., i ff 18 11 .,1!... :0 __pGa' -- ..~Q<.~-- ~ . " u~ ~' . _' f'f _ ,'.-,/ 10 11\ 7 +- /('/ 9' ~/ 5 5 s. .,./.J"-t.. \ ,:,'>- ~ T ,,", ~ .7 ~ I'" "'" ~ '1- ~ ./ % ~ .~ __ _--'2 ------- l- - .-". .-------- --- '; · Locat~ ~ '''l ------.- 'ASE"l~ I ~. bp _----1-..- 'i · o _.. nt>\1:\O~ -'~ 32- ------ ;-- .... . .,. .----- __,r- . ~ It!IW IOI\Y I ' Vicnrty Map I "'-- ._~~ ~~. <.=ol' I . " . Apnl 6. 1998 Postmaster US Postal Service 102 North 3rd Street StIllwater, ~ 55082 Dear Postmaster' The City of Stillwater would like to meet with representatives of organizations and institutions that are located near the City Library and City Hall area to discuss possible solutIOns (short term as well as long term) to the parking problems that exist in this area. A meeting for that purpose has been scheduled for 7:00 p.m. Tuesday, April 14, 1998 at Stillwater City Hall, 216 North 4th St. Your attendance at this meetmg would be very helpful and appreciated. Please feel free to call me at 430-8001 if you have any questions about this matter . Sincerely, ~&/is/ r ~ City Coordinator . CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 612.439.6121 ~ Page 2. Mailing list: . Lynne Berta1mio StIllwater Public Library Don Valsvik Trinity Lutheran Church Father Jerry Doherty Ascension EpIscopal Church Postmaster US Postal Service . . 'J ~ . MEMORANDUM / January 29, 1998 TO: Mayor and City CouncIl / Klayton HEckles jLtJ City Engineer FROM: SUBJECT: Petroleum Tank Release Environmental Study For Old Bus Garage - 2nd and OlIve Streets Project 9806 DISCUSSION: Attached is a letter from the Minnesota Pollution Control Agency (MPCA) whIch announces that the investIgatIOn of the Old StIllwater Bus Garage SIte YIelded that the site can be closed and no addItIonal mvestIgation or cleanup is necessary. Service Environmental completed the envIronmental investigation for the CIty and as dIscussed m the attached letter, the Petro Fund will reimburse 90% of all eligible costs for the . study. The only remaming issue surrounding this study is the abandonment of the monitoring wells installed for the purpose of the study. ServIce Environmental has obtained two quotatIOns for the proposed abandonment, which are attached. They have also enclosed an estrmate of$l,OOO to complete the Petro Fund applIcatIOn. The total estimated cost for the Petro Fund application and the well monitoring abandonment is approXImately $1,625.00. The amounts could vary slightly dependmg on the nature of the well abandonment. RECOMMENDATION: The abandonment of these wells needs to be completed, therefore staff recommends that Council authorize Service Environmental to proceed with the well abandonment as well as the preparation of the Petro Fund applicatIon. ACTION REOUIRED: If CouncIl concurs WIth the staff recommendatIOn they should pass a motIon authonzmg ServIce EnVIronmental to proceed with the well abandonment and Petro Fund applIcation for a cost not to exceed $1,625.00. . ~ Mr. Klayton Eckles, P E. CIty of StIllwater 216 North 4th Street Stillwater, MN 55082 (SERVICE] Environmental & Engineerine 2200 Ulllvers!ty Ave W #110, Sf Pall!, MN 551 J./. (612) 644-6680. F(n (012) 0.f.f-7008 f Re: InVOICe ReVIew (97049.03) Remedial Investigation Former St. Croix Bus Garage StIllwater, Minnesota Mr. Eckles' Attached IS an inVOIce for costs asSOCIated WIth preparatIOn of the RemedIal InvestIgatIOn report and the second round of ground water sampling The inVOIce is also presented on the Minnesota Department of Commerce Initial Site Assessment Consultant Proposal/InvOIce and Remedial Investigation/Corrective Action Design forms. To date, SERVICE EnVIronmental & Engmeering (SERVICE) has invoiced the City of Stillwater $16,89873 agamst our authorized budget of $16,953.50 ($54.77 under budget). The MInnesota Pollution Control Agency (MPCA) has Issued closure for this Site (MPCA . closure letter attached). The four (4) groundwater monitonng wells at the Site need to be abandoned in accordance with the Minnesota Department of Health (MDH) well abandonment code. The mItial cost estimate provided for the Site did not include the abandonment of the groundwater monitoring wells. SERVICE solIcited two bids (attached) for the groundwater monitoring well abandonment SERVICE has included the low bId on the attached Remedial Design/Maintenance form. Please SIgn the form and forward an original SIgnature back to SERVICE as authorization to proceed with the monitoring well abandonment Nmety percent of all incurred "eligible" costs will qualify for Petro fund reimbursement. SERVICE's estImate for completing a Petro fund applicatIOn is $1,000.00 The cost associated WIth preparing the Petro fund application is not Petrofund reimbursable. Please let me know If the CIty of Stillwater would like SERVICE to prepare a Petro fund application for thIS site. Please gIve me a call with any questIOns. Sincerely, ~~~~ Mark S. Mason Senior Project Manager . Enclosures @ 97049 Inv03 0198 MAR 09 '98 03:38PM MN.PCA - HRZ.WASTE P.l , . : -- 1. .:". , ~~~ -,-- ~!nnes,ota Pollution Control Agency I.. ....' I ~ .. ..J....' . -, '":IX. Ms. Klayton Eckles City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 P08t.W Fax Nole 7671 loal/; ~I q \:.~"~ 21 To ~.., ~ ""'~O~ IFrcm L K~k\o- Co IDept - \CO Phon/; ~ I P~"r,e * F'aJ- G t.4 1.4 -700'0 - \Fad J February 17 t 1998 RE. Petroleum Tank Release Site File Closure Site: Old Bus Garaget Second and Olive Streets, Stillwater MPCA Site ID#: LEAK000010772 Dear Mr. Eckles: . We are pleased to let you know that the Minnesota PollutiOn Control Agency (MPCA) Tanks and Emergency Response SectIon (TERS) staff has determined that your investigation has adequately addressed the petroleum tank release at the site listed above. Based on the information provided, the TERS staffhas closed the release site fIle. Closure of the file means that the TERS staff does not require any additional invesngation and/or cleanup work at this time or in the foreseeable future. Please be aware that file closure does not necessarily mean that all petroleum wntamination has been removed from this site. However, the TERS staff has concluded that any remaining contammation, if present, does not appear to pose a threat to public health or the environment. The MPCA reserves the right to reopen tms file and to r::quire additional investigation and/or cleanup work if new information or changing regulatory requirements make addItional work necessary. If you or other parties discover additlonal contamination (either petroleum or nonpetroleum) that was not previou.5ly reported to the MPCA, Minnesota law requires that the MPCA be immedIately notified y au ~hould understand that thiS letter does not release any party from liability for the petroleum contammatlon under Mmn. Stat ch 115C (1996) or any other applicable state or federal law In addll1on. thIS letter does not release any party from ltabiJiry for nonpetroleum contamination. if present, under Mmn. Stat ch 115B (1996), the Mmnesota Superfund Law The monitoring wells for this site should be abandoned in accordance \Vith the Mmnesota Department of Health Well Code, Chapter 4725, If)uu choose to keep the momtoring wells, the Minnesota Department of Health will continue to assesS a maintenance fee for each well. 520 Lafayette Rd, N: 5t Paul, MN 55155-4194, (612\ 296-6300 (VoIce); (612) 282.5332 CITV) Regional Offices Duluth. Brainerd. De;ro,; La'~dS . Marshall. Rochester Eo_"{ OD>'crt~MY Employer. Prlnled on fer,CISd pap.f con~8In,'" ,II'. 170"', hbp,a from pap.r ,~oycl.d c, consun,er. . MAR 09 ' 98 03: 38P~1 MN. pm - HAZ. WASTE P.2 f Ms. Klayton Eckles Page 2 February 17, 1998 . Because you performed the requested 'Work, the state may reimburse you for a major portion of your costs. The Petroleum Tank Relea~e Cleanup Act establishes a fund which may provide partial reimbursement for petroleum tank release cleanup costs. This fund is administered by the Department of Commerce Petro Board. Specific eligibility rules are available from the Petro Board at 612/297-1119 or 612/297-4203. If future development of this property or the surrounding area is planned, it should be assumed that petroleum contamination may still be present. If petroleum contamination is encountered during future development work, the MPCA staff should be notified immediately. For specific information regarding petroleum contamination that may remain at this leak site, please call the TERS File Request Program at 612/297-8499. \ The MPCA fact sheet #3.35 Leak/Spzll and Underground Storage Tank File Request Form (April 1996) must be completed prior to arranging a time for file review. Thank you for your response to this petroleum tank release and for your cooperation with the MPCA to protect public health and the environment. If you have any questions regarding this . letter, please call Laurie Kania at 612/297-8600 or Bassou Oulgout at 612/297-8597. Sincerely, ~/j ,/i , / I - \r:.)....,.~ Laurie Kania Project Manager VPIC Tanks and Emergency Response Section :r.-., . r--_. -d ~ t~ .j...-f .< ~() 0-( ( ! it{,~~) Bassou Oulgou! i. Hydtogeologist VPIC Tanks and Emergency Response Section LMK:BO:tf cc: John Roettger, Croix Builders, Tnc . Stillwater Jeanne Severson, AmerUs Bank, Edina Morli Weldon, City Clerk, Stillwater Klayton Eckles. Fire Chief, StIllwater Eric Magee. Washington County Solid Waste Officer Mark Mason. Ser....ice Environmental Engineering, St. Paul Minnesota D~partment of Commerce, Petrofund staff . 03/23/1998 15:17 5122530173 EIW COt~ SER\J PAGE 02 , . Environmental Contracting Services Mike Thalacker Scott Thalacker 23225 188th Street Big Lake, MN 55309 phone 612-263-0173 fax 612-263-0173 3119/98 Service Environmental 2200 University Ave. West Suite 110 5t Paul, MN 55114 Attn: Mark Mason Re: Well Abandonments Stillwater. MN Mark. Thank you for the opportunity to quote the above referenced project It is our understanding that four monitoring wells approximately 18 and 45 feet deep need to be abandoned for this project. . If you have any questions regarding this quotation please contact us at 612- 263-0173. Mobilization L.S. $175.00 Abandon Above grade wells 3 @ $125.00/each $375.00 Abandon flush grade wells (4' pad stays) 1 @ $75.00/each $ 75.00 Estimated Total $625.00 ;;J7~ Scott Thalacker . 3-24-1998 7:36AH FROH AOUA-PLUS 612 441 6131 ~.u..., (49~= ., I AQUA-plus, Inc Groundwater Development - Environmental Controls March 24, 1998 Mr. Mark Mason SERVICE ENVIRONMENTAL ENGINEERING 2525 Endcott Street 5t Paul, Minnesota 55114 RE Proposal for mOnltonng well sealing in Stillwater, MN Dear Mr Mason AQUA-PLUS, Inc. (API) appreciates your request for environmental field services, Including the sealing of four (4), 2-inch monltonng wells, at the above referenced Site Each monitoring well will be backfilled with tremie placed grout, and the above grade protection will be removed. Asphalt patch will be used to repair pavement at the well locations, and all of the waste will be disposed of off-site. ThiS project will be completed in compliance with Minnesota Department of Health regulations, and upon completion of the project we will submit to you copies of the Minnesota Well Sealing Records. Our charges to complete the work will be as follows. P.1 ( . . I ITEM I Notification/Report I Mobilizati onJDemobil ization IGrout Casing /Remove Protop rTOTAL ESTIMATED CHARGES: UNIT lump sum lump sum foot well RATE I QUANTITY I EXTENSION $ 50.001 1 I $ 5000 $ 250.001 1 I $ 250.00 $ 3 001 99 I S 297.00 $ 75 001 4 I $ 300 00 I I $ 897.001 We could complete this project at your convenience. Our report will be submitted within 10 days following completion of the field work, along with our invoice Full payment for these services IS expected Within 45 days following your receipt of our Invoice. Should you have any questions or comments regarding this proposal, please do not hesitate to contact us Sincerely, AQUA-PLUSj INC. ~~ PreSident 17931 Fillmore Street. NW Elk River, Minnesota 55330 Phone. 612-441-7257 aquaplus com Fax' 612-441-6131 v p657 do . ,I CITY OF STILLWATER MEMO . April 16, 1998 . . TO: Mayor and City Council 0. FROM: Shawn Sanders, Civil Engineer SUBJECT: 1998 Street Project - South 15t Street Reconstruction - Project 9802 Curve Crest Boulevard Reconstruction - Project 9803 DISCUSSION: BIds for the South 15t Street Reconstruction Project and Curve Crest Rehabilitation Project were opened Thursday, April20d at 2:00 p.m. Three bids were received with the results as follows: BIDDER BID AMOUNT Tower Asphalt, Inc. Lakeland, MN $760,818.46 Valley Paving, Inc. Brooklyn Park, MN $797,977.08 Hardrives, Inc. Rogers, MN $827,019.11 ENGINEER'S ESTIMATE: $847,000.00 Since Curve Crest Boulevard and a portion of Burlington Avenue are designated as State Aid Streets, the City needed approval of the plans from the State Aid Division before we could award the Contract to the low Bidder. This past week we received notice of approval and authorizing us to proceed with project. Final approval is contingent on the no parking resolution for Curve Crest Boulevard (See attached letter). RECOMMENDATION: Staff recommends Council receives the bids and award the contract to Tower Asphalt for their low bid of $760,818.46. ACTION REOUIRED: If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 98- _, ACCEPTING BID AND AWARDING CONTRACT FOR 1998 STREET IMPROVMENTS FOR SOUTH 1 ST STREET (pROJECT 9802) AND CURVE CREST BOULEVARD STREET REHABILITATION (pROJECT 9803). Mn/DOT Metro W.E. TEL:612-582-1368 rl ~nesot. Department of Transportation f~~\ Metropolihln DivisIon "ClIo!:' Wafers Edge 1500 West County Road B2 Rosevi/Je. MN 55113 Apr 15 98 13:41 No.004 P.02 \ . April 15, 1998 Mr. KJayton Eckles, P.E, City Engineer City of StiJJwater 216 North Fourth Stillwater, Minnesota 55082 In Reply Refer to: S.A.P. 169~112..11 & S.A.P. 169-120-03 City of Stillwater Dear Mr. Eckles; The above referenced plan has been approved and you are now authorized to advance the status of this project. Final approval is contingent upon receipt of a signed resolution prohibiting parking on both sides of Curve Crest Boulevard. . The original plans have been retained for printing and processing by the State Aid Division, and wi)) be forwarded to you as soon as possible. f,~ Sincerely, P--< 4;U Greg Coughlin Metro Division Assistant State Aid Engineer cc: G, Coughlin Shawn Sanders - City of Stillwater CO 420 File An equal opportunity employer . I \ . . . RESOLUTION NO. 98- ACCEPTING BID AND AWARDING CONTRACT FOR 1998 STREET IMPROVMENTS FOR SOUTH 1sT STREET (PROJECT 9802) AND CURVE CREST BOULEVARD STREET REHABILITATION (pROJECT 9803) WHEREAS, pursuant to an advertisement for bids for the construction 1998 Street Improvements - South 151 Street (project 9802) and Curve Crest Boulevard Street Rehabilitation (Project 9803), bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Tower Asphalt, Inc. Lakeland, MN $760,818.46 Valley Paving, Inc. Brooklyn Park, MN $797,977.08 Hardrives, Inc. Rogers, MN $827,019.11 AND, WHEREAS, it appears that Tower Asphalt, Inc. ofLakeland, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Tower Asphalt, Inc. of Lakeland, Minnesota in the name of the City of Stillwater for the construction of according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 2151 day of April 1998. Jay Kimble, Mayor ATTEST: Morli Weldon, City Clerk . . . Stonebridge Elementary School PT A Diane Kruse, Jenni Shaller 900 N Owens Street Stillwater, MN 55082 Modi Weldon, City Clerk 216 N Fourth Street Stillwater, MN 55082 April 13, 1998 Dear Modi Weldon, I am writing you in reference to our telephone conversation of April 10th The Stonebridge Elementary School Earth Day Committee and PT A would like to notify the City of Stillwater of a family dance to be held on Friday, April 24th, from 4 00 to 7 00 P m This dance will be held outside, weather providmg, on the pavement to the east side of the elementary school This is to be a family dance, and we anticipate 150-200 people will attend The event is a fund-raiser for our courtyard as well as a celebration of Earth Day Refreshments on the order of juice and cookies will be sold (no alcohol) The live band performing is "The Mudpuppies," a local group playing Celtic jIgS and reels We will be notifying the immediate neighbors of this event I am enclosing an example of the flyer we are sending home with the students Please contact me at 430-9438 ifthere is any other information I may provide Thank you for your assistance Sincerely, Diane Kruse Enclosure ~tooebri"ge 1J7 ci4 AD" CourtlAr" Committee invite !fou to the... . r~~[D)@JIL @Jr~~IL 2~ ~:(O(O 10 1:(0(0) fM At ~tonebridge JeAturio9 7he tlt)udpuppies Core, tl!}OhAIJ - CAller doel 'fJederselJ - '1uitAr . tl!}Arsie ~oltAi - COIJCert1IJA 'PAt 0' .touShlilJ -bAlJjo SrhAmmered dulcimer ~iek Up Bour heels to <tertic jigs anb reefs nAJrr A DOHATlOH TO Tnr JTOIII/fPRJDCVJ/f eOVlfirrAKD AHD KllellJPlIl OIllIC or mJlj/f rRfI1JVlnj, PlJnguln bllolll3.00 donatlonl tanh Day bandana...bacl by popular dlJmaodlll4.00 dllnatillol tCII-tnfllrclJr t-shin ...childreo's large size /15.00 dllnatJllnl (w~~p~~) ff/Lrff!CJl1IFfcll/1:/F Off Jllll AT rh~c IbAlf(iC . UKE TO HELP WITH EARTH WEEK ACTIVITIES? CAll 351-8989, ex!. 5748 BARBARA C.S. HANSEN .~1l ;t~ ' P, I ""'"1 Ii ':::Jt' ,;;, ,-i ,~ -~ ~ .'~j~' \'~ " , 'o' ' ,?\;:':?l. lJ :T ,~ Consultmg Palynologzst The Pollen Connection 402 South Sixth Street Stillwater, MN 55082 Tel: (612) 439-8770 e-mail: hanse057@maroon.tc umn.edu Research Fellow Limnological Research Center UmversIty of Mmnesota 220 Pillsbury Hall Mmneapohs, MN 55455-0219 Tel: (612) 624-5828 - . _ _ ~ _ _ _ _ "l r _ _ _ _ _..._ -.- ~ _ l'-- II ! _. ' _ '_ _ _1 - -+ '" - - -- I.. ~ '! "'... '7 = =- . - - - ---. - - --:- - - -... ~ i - ~ : _-_4___J. - .:....:'... "] ~ - ~; - -r :- ~ ~--- &.- ''':'' - - - - - - - ______ 4- _ ~ . -. - ...,...- - -.a.- - - - -_- - . ........._~..... -- - -.. ... -. .. ::.r-"_"I:1-1:'~-~::' -..:..: ~:-~-...- :--:::.:. :-c.:- :~:~._:.~~- =i:-...::' "',--,_.:~ ~ :;::: ... J -- - __ _ --~---__= :-: -: _= _ :~-:-'-:- _ _~~-:- _ _:__.....:.~~-=-: :: _' ___'A _::~': :'I-.r- ~_ ..>:-i._'~~-, :'. :'.=':~-:- '-:_~ 7' _~_ i~.: -:- - _ ~ _ _ -: ~ _ =1.!.~ :- ~ I ; :-:' '_:!.~ ~_::~,r-_"I---. =_:_~~ 4~~-:- ~::>:-~:-7;- _.1. _ ~ ... __ _ .. _ _- _,. _.... _ _ . ....-J ~ _, ..._ _.._ _ _ _ i _ _ _, _...~ ..... '\._ _ _ -'_ _ ~ .._ _ - .._ _ ~ ____"_ ~ _ _ ...~: _..10.':'_ ' : '- .~ ,._ _ ~ _......1. =. l.!._ _ __ ._ __ _ :J '_... _.!..: '_ _ _ -:- _ -_' ~ : _ .- .!....!.._ '7...!.... -_ -:- ... -- -.:.- :..~-r T; ~ .~---: ---...--........ ~_...- . 13~ eo/~ - - ...._: __=,r:"_.... . MEMORANDUM . TO: Mayor and Council FR. City Coordinator RE: Skateboard funding Request from Graffiti Teen Center DA. April; 17, 1998 DIscussion. Accompanying this memorandum is a letter from Tom Schwietz, Director of the Graffiti Teen Center, requesting financial assistance in the amount of $3100 for the construction a skateboard facility at the Center. The City's 1998 C/O budget includes $8000 for skateboard facilIties The budgeted amount was intended to be used for construction of City operated skateboard facIlitIes. However, the budgeted funds could be used in support ofthe Teen Center facilities in lieu of a city facility (the remaining balance - $4900 - could be used to construct a city owned facility). Recommendation: Council consider approval of request for financial assistance for constructIOn of a skateboard facility operated by Graffiti Teen Center. 1;/ . . 04/16/1S98 14:04 61243911::140 YSB PAGE 132 . 1912 Soutl1 Greeley Street Stillwater, Minnesota 55082 Apnl16, 1998 Mr. Nile Kriesel City Administrator City of Stillwater 212 N. 4th St. Stillwater, MN. 55082 Dear Nile: We are askmg the City of Stillwater to cQnsider a $3,100 contribution to Graffiti to assist . us with the construction costs incurred fQf our skatepark WhICh will open May 7, 1998. I bave also attached a copy of the budget for the skarepark. This year our Board of Director's has approved a record operating budget due to the Increased costs of maIntainIng the Teen Center and hiring addItional qualified staff. But we are also trying to meet the ever-changing and ongoing needs of our youth. FQr these reao;ons, GraffitI is establishing a much needed skatepark so our area skaters will have a legal opportunity to practice their sport Although it will be a lImited-use skatepark (because of UFE's employees using the parking lot), at least it's a start The past support of the City of Stillwater and other local businesses and foundations has allowed Graffiti to contInue it's mlssion of providing a fun, safe gathering place for our youth which is drug, alcohol and tohacco free. And, with this in mind. we are a"king you to consider our request. Thank you and the Council In advance for your time, past support and present considera. tions. If you have any questIOns, feel free to call me at 439-8800 ~ Tom Schwietz Program Director o ~c1.d P'P'" . 04/16/1998 15:16 612439104e ~tV '_ ~t r'\O I~ ~~V YSB PAGE 01 '130_ fRo ~ . GRAFFITI SKATE AREA BUDGlI Helmets/Kneepads 350.00 Starr App. 13 hrs/wk X $7 X 20 wks. 1820.00 Payroll taxes/Frfn ges 277.00 Lighting (Outside) 450.00 Ramps 2303.00 Miscellaneous 250.00 -------- . TOTAL PROJECf COST 5450.00 Projected date of completion and opening will be May 7, 1998 . -" Sent by. ORB . . . 6122919313j 04/14/98 14:19j Jedax #255jpage 1 DOHERTY RUMBLE & BUTLER PROFESSIONAL AS:SOCL\TION 2300 ~ W0ri4 TAIia CQla' 30 ~ SCWIIdl SIReS Sl. PJUI. ~ "]OJ~m T~ (612) 291-9333 F A.."X (612) 291-9313 Wuh oB!eca m: MirmApoIiI. MN, T~ (612) ~sm, PAX (612) 340-SSJ4 DcaYc:. CO, T~ (3<13) 572-6200, F.U: (303) j~ w~ o.c..~) 393-~S" 'FA.."( C02l 39>-3131 Attorneys lit 1.&.... FAX TRA...~SMITTAL SHEET April 14, 1998 TO, Dave Magnuson FA-X. 439-5641 RECIPIENT'S DIRECT DIAL: FROt-.-t Sheny A. Enzler SENDER'S DIRECT DIAL: 291-9387 CLIENT NO. 108231-3 The following FAXed material is 24 pages including the cover sheet. If there is any problem 'With the transmission of any of these pages, please call the copy/fax center at (612) 291-9416. COM?vfENTS' .................................................~.................................................... The tr.fonnatlOn contaJ.ned in this ~umle meuage 13 attom~'I pn V'Il~ed and confidl:nual. mtalded only for the use of the mdL....1dulI.l or entity named above. If the reader of this message 1$ noe the intend.ed rec1pl~t, or the employee or agent ~blc to deliver it to the mt:nded reciptent, you are hereby ::loufied that any CJssemma"Uoo. distributtol1 or copymg of thIS commUOlcaUon lS stnctly prolubltcd. If you have recetved tlus cammumcation m error. please immedtately r:otifY us by telephone, and return the anginal II'nsage to us at the above 51 Paul address via ~ U 5 posral serviu ......+..~............................................................................................ ... Sent by: ORB 6122919313; 04114/98 14:19; Jedax #255;page 2 . . . I UNITED STATES DISTRICT COURT DISTRICT OF l\DNNESOTA Siem Club North Star Chapter and Voyageurs Region National Park Association. Plaintiffs, and City of Dale Park Heights, Plaintiff-Intervenor, l'r-IDI0 RAND Ui'rI OPINION AND ORDER Civil No. 4-96-547 (ADM/JOL) v. Federico Pena, Secretary of the United States Department of Transport2.tion; Roeney Slater, Administrator of the Federal Highway Administration; Broce Babbitt. Secretary of the United States Department of the Interior; and Roger Kennedy, Director of the National Park Service, Defeneants, and James Denn, Commissioner, Mir.nesota Department of Trans?or.:anon; State of Wisconsin Depa.'"':ment of Tra.'1Sporution; Cirj of Sti1:water, Defendant-Intervenors Sent by: ORB 6122919313, 04/14198 14:20j Jerlax #255jpage 3 Rlcharcl A. Duncan, Brian B. O'Neill, and Elizabeth II. Schmiesingt Faegre & Benson LLP, appe~ed on behalf of Sierra Club NOr'"J1 Star Chapter a.."1d Voyageurs Region National Park ASSOCls,tion. . Mark J Vierling, Eckberg, Lanuners, Briggs, Wolff & Vierling, P.L.L.P., appeared on behalf of the City of Oak Park Heights. Paul F. Holleman. Assistant Attorney General, United States Department of Justice, appeared on behalf of the United States. Sherry A. Enzler, Assistant Attorney General, State of Minnesota, appeared on behalf of the Minnesora Department of Tral'lSportation. David T. Magnuson, City Attorney, Stillwater, Minnesota, argued on behalf of me City of Stlll\\arer 1. INTRODUCTION The 3bove-entitled matter came on for hearir.g before the undersigned United States . Diseic! Judge on January 16, 1998, pursuant to the Minnesota Department of Transportation's ("MDOT") Motion for Partial Summar; Jud~:ne~t. MDOT, in conjunction witl} the Wisconsl.:1 Dep:l..rtment of Transportation ("WDOT"), seeks to build a four-lane bridge across the Lower St. Croix River, a river that is pan of the National Wild and Sce:1ic Rivers System CWSRS" or "System") The United States Secretary of the Interior, however, through the National Park Servlce ("NPS"), has prevented the United States Army Corps of Engineers ("COE") and t..~e Umted States Coast Guard ("Coast Guard") from iSSUing the r.ecessary permits required for cor:st!..:ctlon of the bridge Issuance of the pem:its was blocked m the fall of 1996 by a NPS cettr.:J.:nation that the proposed bridge consutmes a "water resources proJect" ur.der Sectior. 7 of the Wild M.d Scenic Rivers Act ("WSRA" or "Act"), and:) fuI1.1e:- deter.;'lIf~3.tlOn In Decemcer . :2 Sent by: ORB 6122919313; 04/14/98 14:21; JeHax #255;page 4/24 . 1996 that 11' the project were allowed to go forward i~ would have a direct and adverse impact on the speci fie values which entitled the Lower St. Croix to be included in the WSRS. MDOT now moves for an order vacatiog the NPS determinations. MDOT and the City of Stillwarer (hereinafter collectively referred to as "MDOT') filed memoranda in support of the motion. The Sierra Club North Star Chapte: C1Sierra Clubtt) and Voyageurs Region National Park AssociatIon (UV oyageurslt), the United States, and tr.e City of Oak Park Heights (hereinafter collectively referred to as "Plaintiffs") filed memoranda in opposition. America Rivers, Inc., a non-profit corporation devoted to the protection and restoration of A...'!lencals rivers and wate:sheds, also filed a memorandum :n opposition as an amicus curiae. For the reasons set forth belowt MOOT's motion will be denied. . II. BACKGROUND The WSRA was passed in 1968 to preserve selected rivers of the United States in their free-flovring condition for the benefit and enjoyment of present and furure generations. 16 U.S.c. 9 1271. In oreer to qualify for inclUSIOn in the System a river must possess an "outstandingly remarkable" value in at least one ofth~ following categories: scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar attributes. llh The short and relamc!y simple Act identIfies the rivers in the WSRS, setS forth a procedure by which add1tlonal ':'1',:e~s may be added, and prOVIdes gUlcanc~ on how the desig~ated r:vers should be managc:J, 16 U.S.c. SS 1274-1284. One of the rivers ll~cluded in the System:s the Samt CroIx R1ver("St. Crolx"). 16 L".S.C . 9~ 12"7-+(.1)(6) and (8). The St. CrOiX, whld: extends 1'roo Solor. Spri.'1gs in northwest \Visconsin 3 Sent by: ORB 6122919313; 04/14/98 14:21 j Jerlax #255;page 5/24 to 1t$ confluence with the ~1ississippi River in Pres\:ott. Wisconsin, is 164 miles long and serves . as the border berwe:n the States of Mirmesota and Wisconsin for a sigruficant portion of its length. Benson Aft: , 5 The upper segment of me Sl Croix between the darn. near Taylors Falls, :Vlinnesota, and the dam near Gordon, Wisconsin, was designated for inclusion in the WSRS In 1968. 16 U.S.c. ~ 1274(a)(6). At that time, the lower segment of the St. Croix betviee:1 the dam near Taylors Falls and its confluence 'Nim the Mississippi River ("Lower 81. Croix") was designated as a stUdy river for potential later addition to the System. 16 U.S.C. 1276(a)(21). Four years later, Congress passed the Lower St. Croix River Act of 1972 (I1LSCR.A.II). Pub L. No. 92-560 (codified at 16 U.S.C. ~ 1274(a)(9)). The LSCRA. designated the nort.1ern 27 miles of the Lower St CroIx for immediate inclusion ir. the WSRS and provided for desig.T1ation . of l~e southern twenty-five IT'.iles upon application by the Governors of Minnesota and Wisconsm. hi In early 1976, the Governors of both states wrote to the Secretary of the Interior requestmg that the southern 25 miles be incluc.ed in the system. Shortly thereafter, the Sec:etary designated this final segment of the Lower St. Croix a federally protected Wild and Scenic RiYe~. Ten bridges traverse the St Croix linking the transportation systems of Wisconsin and Minnesota Josephson Aff. ~ 3. One of the bridges across the Lower St. CrOIx is a two-lane hft bridge ('Sullwater Bridge") between Stillwate~, .\t!inr.~sota and Houlton. Wisconsin. Tne StllIw:ner Bndge connects Minnesota Tn.:.n.l{ Highw:lY 36 ("T.H. 36 ') to Wisconsin State TrurL1..: Elghway 64 ("T.H. 64"). Benson Aff ~ 6. In 196i, MDOT and WDOT began studying a:Ce:-:1atl ves for replaceme:lt of the Sedlwater Bndg:: due CO problems ~socl:lted with traffic conge5tlon ar:d safety. ld.. 3.t , 16, Ir. June 1974., hO\l,ever, the project hJd to be set asic!e because . . .., ':ient oy: UHo 6122919313; 04/14/98 14:22; Jerlax #255jpage 6/24 . of f1.u;,dmg issues and other plannmg prionties. Josephson Aff. Ex. G. The project was eventually rejuvenated in Februarj 1935 when WDOT and MDOT entered into a Cooperative Agreement for the preparation of various studies regarding a replacement for the Stillwater Bridge. Benson Aff. 1 17 Among the studies was a Draft Environmental Impact Study (nDElsn) required by the National Environmental Policy Act and a SectIon 4(f) Statement required by the Federal Transportation Act. The NPS participated in the environmental review process as a cooperating agency. Josephson AIL ~ 19. rn March 1990, MDOT and \VDOT, in conjunction with the Federal Highway Administration ("FHA"), issued a DEIS/Sectlon 4(f) Statement for the Project. Benson Aff ~ 19. Following an extensive public comment penod, public hearings, a.'ld the preparation of a draft final Environmental Impact . Statement (nFEIsn), an FEIS/Sectlon 4(f) Statement was i~sued in April 1995. ld.. at' 21. The FEIS identified a preferred alternative which required upgracing T.E. 36 fer a new bridge approach; the construction of a new four-lane bridge over the Lower St. Croix south of Snll\\ater between Oak Park Heights, Minnesota and Houlton, Wisconsin; and the construction of Cl new bridge approach in Wisconsin ("Proposed Bndge" or "Project"). The Project would be a massive undertaking and would significantly impact the bed and ban.l{s of the river: Eight of tlte 25 bridge piers would be con.structed in the bed of the St. Croix River and five would be located in an adjacent wetland on tr.e Minnesota side. Most of the piers would be located in deep 'Wate:', where the bottom substrate is soft and flocculen~. however, some would be located in shallow areas WIth sand and gavel substrates. To construct nver piers, cofferdams would be built to ceW:ller construction areJS and either sheet piling would be driven into the nver bed or caisson rubes ''>' auld be inserted into drilled shafu . Each pier, along \'.1 th the cofferdams needed to ccnstnlct the piers. .....auld Impact 5, I 45 square feet . NPS /'\dmlr.ls~rarlve Record ("A.R.") at 64 Acdl:lOnally, constructIOn activities would require 5 Sent by: ORB 6122919313j 04/14198 14:23j Jetfax #255jpage 7.'24 exte:1S1 y e dredge ar.d fill activHY In the waterv.ray: . Access to the river bank and water's edge would be required to build bridge piers on the bank and in the St. Croix River. ... Therefore, two temporary barge docking areas are proposed to be constructed on the bed of the St. Croix River. Botf1 would require localized dredging and filling: dredging to deepen the water sufficiently for barge access and filIing to construct barge docks. One barge docking area would be adjacent to the work area on the Minnesota side of the nvef. ConstructIon of this docking facility would impact a total of 2.1 acres of riverbed. About 1.5 acres of riverbed would be deepened by dredging and about 0.6 acres of riverbed would be convened to upland by filling. The filled area would be contained by a sheetpile bulkhead. A second barge docking area would be constructed under the proposed bridge on the Wisconsin side of the river. This docking area would impact about 1.5 acres of riverbed. About 0.75 acre of r:verbed would be deepened by dredging. and about 0.75 acre of riverbed would be convened to upland. This filled area would also be contained by a sheerpile bulkhead. .. The barge docks would be removed after bridge constrUction is completed. ill. at 64-65 (mternal citation omitted). Before the eight large piers may be placed directly in the . river, MDOT must secure a "dredge and fill" permit from t~e COE pursuant to 33 V.S.C. 9 j 344. In November 1995) the FHA approved the prelimmary plan for the Projectt and the three primary constructlon contracts were scheduled to be let between ~ove:nber 1996 and November 1997. Ben~on Aff. ~~ 22,25. On June 25, 1996, Plaintiffs Sierra Club a::d Voyageurs COlT'JIlenced this lawsuit asainst the L:illted States Depa."'1ment of TranspoI1arlOr., the FfLA., the Department of the Interior ("DOr') and t~e NFS to enjoin constrJction of tile Project. PlaIntIffs alleged, among other things, that tl-:e DOL hac vlolared Section 7(a) of the WSRA, 16 use 9 1278(a) ("Section 7"), by failing tJ decC:T:1:ne whether the Project would have a direct and adverse effect upon the values for which tr.e lc\'. er S [ Croix was mcluded In the WSRS In September J 996, the NPS asked the Coast Gua:-d a:'.d ch~ COE to put :VIDOT's permit requests pe~airung to the Proposed Bridge in . 6 Sent by: ORB 6122919313; 04/14/98 14:23; Jetiax #255;page 8/24 . abeyance pending the outcome of an analysis of the Project under Section 7. A.R. at 132, 134. On Oc:ober 2, 1996, the FHA also rescinded its amhonzation of the Project pending the outcome of the Sectlon 7 detennination. Josephson Alf. Ex. O. On October 4t 1996, the Court granted leave to the States of Minnesota and Wisconsin to intervene as a matter of right as Defendants in tills action MDOT and \VDOT filed answers asserting cross-claims against Interior Secretary Baboln and ~'PS Direc!or Kennedy alleging that the InteriorlNPS detennination that the Proposed Bridge constitutes a "water resources projed' within the meaning of the WSRA, and. therefore, requires the preparation of a Section 7 evaluatIon, is in excess of statutory authority; contrary to lawt and constitUtes w.authorized rule- making in violation of the Administrative Procedures Act, 5 U.S.c. 99 701-706. . Tne NPS issued a Section 7 determiI:ation of the Project on December 27, 1996. AR. at 47-127. In a 76-page decision, the NPS de-re:mined that the Project would require modifi~tion of the bed and the banks of the river and that the Proposed Bridge would have a direct and adverse effec~ on the values for which the Lowe:- St Croix was included in the WSRS. Thust the NPS dlrected the applicable Federal agencies not to Issue permits, approvals, or authorizations I for the Project. Isi at 132-137. Shortly thereafter, th~ Stare of Minnesota filed an answer and amended cross-claim againsr Secretary Babbm 3Ild Director Kennedy allegmg that the Imenor/I'IPS Section 7 determination IS arbitrary, capr:cious, and in excess of statutory author.ry . 7 Sent by' ORB 6122919313; 04/14/98 14:24; Jetiax #255jpage 9!24 III. DISCUSSION . A. "\-Vater Resources Project/1 Tne first issue raised by MDOTs motion 15 whether the Proposed Bridge constitutes a "water resources project" within the meaning of the WSR.A... Section 7 of the Act provides in relevant part: [NJo department or agency of the United Stares shall assist by loan, grant, license, or othervvise in the constrUction of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary charged with its administration. 16 U .S.C. S 1278. The Secretary of the Interior ("Secretary") is charged \Vith the administration of the Lower St. Croi:x. MDOT argues that the Secretary, acting through the NPS, erred in considerL.'1g the Proposed Bridge a "water resources projectll acd, on that basis, conducting a . Section 7 detennination of the Project. MDOT claims that such a decision is contrary to the intent of Congress and an improper exercise oithe SGcreta.ry's statutory authority. The primary purpose of the WSRA is to preserve the rivers of the System in "free- flowing condItion ... for the benefit and enjoyment of present and furore gene:atiol'.s." 16 U S.C ~ 1271 The Act defines "free-flovving" as "existing or flO'.J.ling in natural condition witho!.:! Impoundm~nt, diversion, straightening, rip-rapping, or other modification of the waterway." 16 U.S C. ~ 1 286(a). With that purpose ir: mind, the NPS cor.eluded that the Proposed Bridge consrirures a "water resources project" because Its construction would Involve /fa measurable alterdtlor: oftl1e bed and banks of the nver" and would thereby "Impact the free-flow of the [Lowe:- .s t Croix] .." A.R. at 69 . 8 S~nt by: ORB 6122919313; 04/14/98 14:24; JeHax #255jpage 10/24 . Judicial review of the NPS' conscruction of t1e te:m "water resources project" within the mearung of the WSRA involves the follo\vmg two questions: First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress. If, however, the court determines Congress has not directly addressed the precise question at issue, the court does not simply impose its o~ construction on the statute, as would be necessary in the absence of a."l administrative interpretation. Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the coW1 is whether the agencys answer is based on a permissible construction of the starnte. C:heVTou.J1.S.A.. Inc. v, Naroral R~sources Defense Council, 467 U.S. 837, 842-43, 104 S. Ct. 2778, 2781-82 (1984). In detennining whether Congress has directly spoken to the precise issue of whether a bridge maY1 in certain circumstances, be considered a "water resources project," the . Court must employ traditional tools of statutory constrUction. M. at n.9. Those tools include an ar.alysis of the plain language of the statute, its symmetry 'Nith other related statutest and its legislauve hIstOry. Immigration and Naturali73tion Service v. Ca,rdozo.Fomeca, 480 U.S. 4~ 1, 446~9, 107 S. Ct. 1207, 1221-22. An examination of the WSRA and its legislative history reveals that Congress failed to ~xpress a clear intention of what constitutes a "water resources project'. within the meaning of the Act. The term "water resources project" is not defined in the WSRA, and there is no case law dIrectly on paint. Com?are ~s of the Boundarv Waters Wilderness v Roherrsnn, 978 F.2d 1484,1487 (8th eir. 1992), cel1 denied, 508 U.S. 972 (1993) (word "feasible" judicially defined by Supreme Court precedent to mean "physically pOSSible"). Similarly, the legislative history of . tlle WSRA. is silent with respect to the term "water re::.aurces projed' and contains only one brief 9 ~"rl L uy; UI"',t) Ol,.:::~l~.jl..Jj U4/14!~d 14:25; JeHax #255;page 11/24 comment on the tOpIC of bridges. A report on the Act prepared by the Senate Committee on . Interior and Insular Affairs ("Committee") states: Tne bill [WSR..o\] has been referred to as an extension or corollary of the Wilderness Act, but its provisions are not nearly as restrictive. A national WIld or scenic river area will be aeministered for its esthetic, scenict historic, fish and \Vildlife, arche1Jlogical. scientific, and recreational features, based on the special attnbutes of the area. However, it will not prohibit the constrUction of roads or bridges, timber harvesting and livestock grazing, and other uses that do not substantially interfere with public use and enjoyment of these values. S. Rep. No. 90-491, at 4 (1967). Contrary to MDOTs contention, this solitary statement does not sufr1ce as an unambiguous expression of approval 0 f the constrUction of any bridge, no matte: what its size, over any System river. Significantly, the statement does not speak directly to the definitlOn ofll'YVater resources project" Rathe:',lt 15 merely an attempt to distinguish the WS R.6... from the Wilderness Act by explaining that t.he former does not restrict development as . severely as the latter. Whereas all road construction, bridge construction. timber harvesting, and livestock grazing might be prohibited in designated areas under the Wilderness Act, the COrnr.1ir:ee sought to make clear in its report that such projects and uses of the land in \Vild and sce:lic river areas would not l;e prohibited unless they "substantially interfere with public use and enjoyment of 11 the values for which a river is included in the Syst.em. The purpose oft1"e Commmee's statement, as wel! as the inclusion of a key qualification, renders the statement ambiguous on the issue of whether bridges that reqwre modific:ltion of the bed and banks ofa System nver a:-e properly considered "water rescurces proJects" uncer the Act.! I Ir. making its legislative hlstory arg'..lI!lent, MDOT relies upon one other legislauve ~[a[elT.en[ that specifically addresses the ropi:; of bndges In the context of the WSRA. [n 1974, whIle argulr.g in fa....or of adding a nurnber of his o\',m stare's rivers to the WSRS, Colorado . 10 ... \..Jell.. '- J . . . . I." U U'+/I,,"/::::O 1'+;'::0, Jettax #d~:);r-dge ld:24 t,.,1'::'~:::J~~I~J In an attempt to bolster 1tS argument that Congress clearly did not intend for the WSRA to prohiblt the construction of any bridges across System rive:s, MDOT points to an opinion issue:: by the Solicitor of the Interior ("Solicitor,? shady am1- the Act was ~asst:d. During a discussion of the term "water resources project." the Solicitor specifically references the Senate report passage set forth above and states the following: The threshold inquiry m analyzing this sectlon is the meaning of the term "water resource project" As illustrative of the issues confronting the Department in administering this section of the act, your memorandum questioned whether Corps of Engin~rs dredging and navigational servitude pennits, transmission and gas line crossings, and highway and bridge crossings are water resource projects within the meaning of section 7. There is no question, in our judgment, that section 7 was not intended to apply to transmission and gas line crossings or highway and bridge construction across section 3 [designated rivers] and section 5 [study] n verso We do not view any of these activities as the construction of a water resources project. Sen~tor Peter H. Dominick made the following statement: [I]t should be emphasized that t~e National Wild and Scenic Rivers Act is a multiple use act. Water resource projects are prohibited, while other uses, such as mining, hunting, fishing, timber harvesting, grazing of domestic livestock, and agricultural uses may continue. It does not prohibit the COnSl'1.lction of roads and bridges. 120 Cong Rec. 533760 (dally ed. October 3,1974) (state:nentofSen. Dommick). Although the Senator's statement directly expresses the view that bndges are not "water resources projects" under r.l:e WSRA, it comes six years after the Act's passage. Reliance upon statements of a subsequent Congress in Interpreting a statute enacted by an earlier Congress is a method of Interpretatlon that has been repeatedly conde:nned by the Supreme Court. See, ~. Central Bank ofDenverv. First Interstate Bank of De:wer, 511 U.S. 164-, 185-86, 114S.Ct.1439, 1452(1994) C'[v" Je 1".:1\ e observed on more than one occ~ion that the interpretation given by one congress (or a COI1L'T1m~e or Member thereof) to an earlier statute lS of little assistance in discerning the meanIng of that statute.") (Internal CItatIon OmlGec) 11 Sent by: DR6 6122919313; 04/14/98 14:27; JeHax #255;page 13/24 ~crnorar.ldum from Bernard R Meyer. Associate Solicitor, Dept. of Interior, to the Director of . the Bureau of Outdoor Rec:eatlOn 4 (Feb. 7. 1969) ("Solicitors Opinion"). On that passage alone, MDOTs argument that bridges do not constitute "wata resources projects" under the Act seems persuasive. The immediately subsequent portlOa of the Solicitor's Opinion, however, sigrufiCdI1c]y undercuts MOOT's posItion. The opinion continues. In analyzing the concept of a water resource project, it must be noted that in addition to establishing a fonnat for notification of and comment on projects requiring authorization or appropriation by Congresst section 7 also established a procedure for limiting the consrruction of water resource projects which do not need Congressional action and require only administrative action in the form of a grant of federal assistance. For example, Congress has in certain areas given to t~e various agencies and departments authority to assis't, by a variety of means. projects which are not undertaken directly by the Federal Government, and therefore, are not reviewed on a case-by.case basis by the Congress. An example of this SItuation is Corps of Engineers dredge and fill permits. . In reporting on the bill this Department srated that the tenn "water resource project is a very broad term which includes sewage treatment plants." ... We fInd nothing in the House or Senate reportS or the congressional debates which indicates that Congress cO!l.sidered the term other than in its broadest context. *** Based upon these expreSSlOns by Congress [16 V.S.C. gS 1271 and I 186(b )], it is our judgment that a water resource project can best be defIned as any type of construction which would result in any change in the free-flowing characteristics of a particular river. In t.,is context, we consider Corps of Engineers dredge and fill permits as falling withing the restrictions of section 7 of the act. To view the act othelW1se could result In the complete frustration of the Cor.gressional pUIJJose behind this legIslation which IS to preserve CeI1111n rivers In their free-flowing natural condltion unaffected by dredgi:lgt fillIng or other modification. I4.. at -+- 5 (internal citations omitted). Thus, based on tr.e legIslative history of the WSRA, and the oor s mterpretatIOn of that history shortly follo\\otng the Act's passage, it is readily apparent that r.e~u--.~~ Congress nor the 001 conSidered t~e narrow question at Issue here: whether a brid.ge . 12 ~ent bj: ORB 6122919313; 04/14/98 14:27; JeHax #255;page 1~!24 . that requires COE dredge and fill permits for its construction constitutes a "water resources . . proJect" Wlthin the meaning of the Act. Because the statute is silent and the legislative history ambIguous with respect to the specific issue presented here, the Court must proceed to t..~e second step of the Chevron analysis and evaluate whether the Secretary's decision to consider the Proposed Bridge a "water resources project" is based on a permissible construction of the statute.! By failing to unambiguously express its intent on the issue, Congress implicitly delegated the task of deciding what constitutes a "water resources proje1:tlt to the 001.3 In such a case, the Secretary's construction of the term is entitled to substantial deference. Chevront 467 U.S. at 844, 104 S. Ct at 2782 C'[C]onsiderable weight should be accorded to an executive department's con.struction of a statutory scheme it is entrUSted to admi..1'lister," aod a court should not disturb an agency's construction "unless it appears from the starute or its legislative history that the 2 MDOT also argues that allowmg the Secretary of the Interior to review tl"e construction of certain bridges as "water resources projects" under Section 7 of the WSRA is inconsistent with Section 4(f) of the Transportation Act. Section 4{f), however, simply sets guidelines for the Secrerary of Transportation to follow in determining whether to approve cer..ain transportation progra.rTls. See 49 D.S.C. 9 303. It does not give the Sec:etary of Transportation the sole authori ty to withhold approval of transportation projects. A constrUCtion project like the Proposed Bridge, for examplet cannot go forward Mthout a bridge pennit from the Coast Guard and a dredge and fill permit from the COE. Section 4(f) of the Transportation Act does no more to vltiate Section 7 of the WSRA than it does those other Congressionally imposed requirements. J The delegation is implicit, rather than expliCIt, because Congress dId not expressly dlrect the DOl to defIne "water resources project." Instead, Congress expressly directed the Secretary to determine whether a proposed "water resourceS project" wIll have an adverse ef:ect on the values of a System river. l6 U S.c. ~ 1278. Impl:cit in that delegauon is the authority to dc:!errrllne which projects fall within the me:ming of the term. Tne DOl's construction of the term "'-'<:lter resources project," therefore, is only an interpretive rule, and the formal rule rnaking reql,mements of the APA do not apply See 5 U.S.C ~ 553(b)(3)(A). 13 Sent by: ORB 6122919313; 04/14/98 14:28; Jetfax #255;page 1'5/24 , , accom..rnodatlon is not one that Congress would have sanctioned."); Sj~T'Q ~\ub v, Davies, 955 . F .ld 1188, 1193 (Sill Cir. 1992) (An agency vested \.Vlth policy-making power "is authorized to fill in the gaps that may have been left by Congress and this COUIt cannot substitute its judgment for that of the agency, unless the court finds the age:lcy's construction inconsistent with the statutory mandate or that it frustrates the purp<)se of Congress (Chevron Prong II). "). MDOT argues that the Court should not defer to the Secretary's interpretation of the term "water resources project" for three primary reasons: 1) the S~cretary has inconsistently applied Section 7 to bridge projects in general; 2) the Secretary has inconsistently a.pplied Section 7 to the Proposed Bridge in particular; and 3) the Secretary has failed to adopt and/or publish statements of general policy or interpretations of general applicability for the tenn "water resources project" in the Federal Register as required by the AP A. 4 . The Secretary interprets the tenn "water resources project" to include "any type of construction which would result in any change in the free.ftowing characteristics of a [wild and sce:1ic] river." Solicitor Opinion at 5; See ~ A.R. at 69. Such an interpretation is a reasonable and permissible construction of the teIm. If projects that affect the free. flow of System rivers were not evaluated under Section 7, Congress' Folic) of preserving the rivers in their free- flo'vVlng condition would clearly be frustrated. The DOl has consistently considered bridge projects th:lt involve constructIon activity in the bed or on the banks of a Wlld a.'1d scenic river to be "water resource projects" Haubert Oed. ,~ 3-4 As explained in the Solicitor's 1969 4 5 V.S C. 9 552(a)(1)(D) C"Sect1on 552") provides that agencies "shall separately state and currently publish in the Federal RegIster for the gUIdance of the public--substantive rules of gene:ai applIcability adopted a;, authorized by law, and statements of g~ner:ll policy or . mteQretJ.tlons of general applrcabilIty fOrr.lula~ed and adopted by the agency.." 14 Sent by': ORB 6122919313j 04/14/98 14:29j JeHax #255jpage 16124 . Opinicm, constrUction activity that requires a COE dredge and fill permit inherently alters the . . free-flowmg natw'al condition of the r.ver and always triggers a Sectlon 7 detennination. Solicitor Opinion at 5. On the other hand, bridges that do not require such penrits and do not affect the free-flowing characteristics of a river are not considered r'water resources projects" and do not trigger a Section 7 determination. .Id... at ~ 5. There is no evidence in the record which shows th3t the DOl has been inconsistent in applying its interpretation of the teIm. MDOT fails to show a single bridge project involving constrUction in the bed or on the banks of a System river that was not considered a Itwater resources projed' and evaluated by the DOl to ensure its compliance \.Vith Section 7. The Secretary's consistency on the issue: carried over into the NPS' approach to the Proposed Bridge. On May 22, 1987, the Acting Regional Director C'Directorlt) of the NPS wrote the Division Administrator for the FHA lito provide continued early coordination review of the proposed St. Croix River crossing ... II Letter from William W. Schenk to Roger Borg 1 (May 22, 1987). With respect to the WSRA, the Director explained that: Ap_y proposed placement of piers or other prospective physical intrusion into or modification of the river, probably Including runneling under the river, would require compliance \Vith S~ction 7(a) of the Wild and Scenic River Act in addition to compliance with any other applicable environmental mandates. IQ.. at 2. In Ii 1988 letter to MDOT. the NPS explained that its practice was to apply the WSRA to bndges requiring piers to be placed in the bed of System nvers despite the ge~eral statement in the 1969 Solicitor Opinion that bndges are not "water resources proJects". Wl11le this [the 1969 Soheitor Opmicn) IS the guid:~g document for us [NPS), III pr~ctlc:: we would probably a3SCr! that bndge pIers placed Ir. a Wtld and ScenIc RIver are not compatibl~ wn}: a deSignation The 15 ~etH oy: UHb 6122919313; 04/14/98 14:29; Jerlax #255;page 17/24 practice has been to leave the actual water coc:ses of designated segments pretty much untouched. . Letter from Chris Brown, Manager, Rivers and TraIls Conservation, National Park Service, to Craig Churchwoodt MDOT (Sept. 26, 1988). AdditionallYt the record shows that the NPS continually asserted the applicability of the WSRA to the Proposed Bridge throughout the environmental review process. In response to statements made by MDOT in the March 1990 DEIS, the NPS wrote: The Federal Government is prohibited from assisting by loan, grant, or license any water resources project which would have direct and adve:se effects of the values which caused the river to be designated. The Department of the Interior has interpreted pennits for dredge or fill as water resources projects. Letter from Jonathan P. Desson, Director, Office of Environmental Affairs, DOl, to Charles R. Foslien and Frank M. Mayer, Division Administrators, FHA 5 (July 10, 1990). The official . comments of the NPS on MDOTs DEIS went on to explain that: The approval of the Department of the Interior. in a direct and adverse impact determination WIder Sectlon 7(a) of the Wild and Scenic Rivers Act will also be required for any proposed action which will have such an impact. ld." at 6 FurJ1ermore, in its ofiicial response to MDOTs Draft FEIS, NPS 'Mote: [VlJe have some concerns about the adequacy of the analysis provided in the environmental impact statement (EIS) and are concerned with your responses to the 001 letter of June 10, 1990, in regard to your interpretation of the Wild and Sceruc Rivers Act. Letter fron William W. Schenk to Charles E. Fosllen 1 (Nov. 17, 1994). The letter goes on to rentrate :.re NPS' position that l~e Lower St. Croix IS proIecred unce:- "section 7 of the WSR.A.." ~ :l[ 2 . 16 Ssnt by: ORB 6122919313; 04114/98 14:30; JeHax #255jpage 18/24 . The NPS also repeatedly raised the issue as a member of me Lower St. Croix Management Commission ("LSCMC"). a commission made up of representatives from the State of Wisconsin. the State of Minnesota, the Minnesota-Wisconsin Boundary Area Commission, and the NPS that manages the southernmost 25 miles of the Lower St. Croix. ~ Letter from James M. Hamson. Chairman. LSCMC, to Michael R. Louis, Project Managert MDOr (Dec. 27, 1989) ("I am stIll not convinced that roads and bridges which require issuance of a federal permh for work in the waters of the United States for their constrUction are totally and summarily exempt from the provisions of Section 7(a) of me WSRA"); ~aJ..s.a LSCMC Official Comment Letter on MDOTs Draft FElS (Nov. 10, 1994). Although MDOT continually maintained throughout the review process that it did not . agree with the NPS' interpretation ofllie WSRA, there ca.'1 be no doubt that the NPS consistently asserted that Section 7 would apply to the Proposed Bridge. Therefore, the ~"PSI application of its interpretation of the tenn "water resources project" has not been so inconsistent either generally, or with regard to the Proposed Bridge, as to render the interpretation unreasonable. MDOT was informed as early as 1988 that Section 7 would most likely be applied to the Proposed Bridge and yet chose, at its own penl, to forge ahead wiili plar.s for L~e Project's constn.lctlOn without obtaining NPS approval. Finally, the Secretary's failure to publish its !nterpretat!on of the term "water resources project" in the Federal Register does not render its construction of the term impermissible. Section 552 of the AP A only prohibits a parry from bemg adversety affected by an agency's mte:yre:atlon of gent=ral apphC3bility .....hen: t~c par:y does not have actual and timely notice of . the lll'e~retat1on. 5 V.S C 9 552I.a)(I) (".. Excent to th~ extent thm a person has actual and 17 Sent by. ORB 6122919313j 04/14/98 14:31; JeHax #255jPage 19/24 nmely nonce of the terms thereof, a person may not In any manner be required to resort to or be . adversely affected by, a matter required to be publIshed in the Federal register and not so publIshed.") (emphasis added). As shoml by the correspondence set forth above, the NPS repeatedly infor:ned ~OT that the S~retary consldered the Proposed Bridge a "water resources project" because the Project would involve placing piers in the riverbed and would require MDOT to obtain a COE dredge and fill permit. j B. Sedion 7 Determination The second issue raised by MDOT's motion is whether the NPS rationally concluded that the Proposed Bridge would have a direct and adverse effect on the values for which the Lower St. Crolx was included in the WSRS. MDOT argues that the NPS erred for two reasons: ]) the Lower St. Crab, was not included in the System because of any remarkable scenic values, and, . therefore, the NPS improperly considered t~e scenic impacts of the Proposed Bndge when it conducted the Section 7 dete:mination; and 2) the NPS' conclusion that the Project will have-a direct and adverse impact on the scenic and recreational value of the Lower S1. Croix is arbitrary 5 MDOT also argues that the piers of the Proposed Bridge would have an insignificant effect on the surface etevation of the Lower S1. Croix, and, therefore, would not affect the free- flow of the nver. There are a number of problems Wlth this argument, the first of which is that each of the eight piers WllI occupy a significant square footage of the riverbed. In the areas where t.7],ose pIers are placed there will be a complete elImination of surface water and no water flow after the Project is completed. Second, the construction of the Proposed Bridge will inevitably affect the elevation of the nver as fill ......,11 be required to create barge docks and dredging requIred to deepen me area sufficiently for barge access. Finally, the Act's cefinition of "free-flO\\omg" is not limited to elevatIon concerns The term is explicItly defined as "existmg cr floWlng If: natural condltion without impoundme~t, dIverSIon, straIghte:11ng, rip-rappmg, or other modlficatlon of the watenvay." 16 U S C. ~ 1286(b) Of the examples glven in the st:itute, only . Impoundment Inherently implies an change m \\ate:- elevatlon. 18 ",:)1:::111.. uy. uno o 1 ~~=Il !::i,jl,j, U4/14!~~ 14:dl j Jetiax #255jpage 20/24 . and c3.pncious. . The NPS detenninatioo may only be set aside "upon a ShOWlng that the actioD is 'arbitra...)', capricious, an abuse of discretion, or otherwise not in accordance with law.ltl Mausolf v Rahhin, 125 F.3d 661t 667 (81l1 Cir. 1997) (citing 5 U S.c. 97C6(2)(A)). The Court must defer to an agency's decisions in matters within its are:l of expertise and may not substitute its Ow:1 judgment for tOOt of the agency. Li; ~ a1.sQ Banknwtcy Estate of tJQjted Shipping Co. v General Mills. Tnc., 34 F.3d 1383, 1390~91 (8tl1 Cir. ] 994). A decision of "less than ideal clarity will be upheld if the agency's path may reasonably be discerned"; however. the Court may not go so far as to "supply a reasoned basis for the agencis action that the agency itselfhas not given." Mausolf, 125 F.3d at 66i. In Mausolf. the Eighth Circuit reversed the district court and upheld a NPS decislon to close certain areas of Voyageurs National Park to snovnnobillng pursuant to NPS regulations governing park and Wlldlife management. ~ at 669. The court concluded that although the evidence in the administrative record was not overwhelming. it was "sufficient to provlde a rational foundanon on which the NPS could base its closure order." llL As noted above, Section 7 of the WSRA directs tlte Secretary to cetermir..e whether a proposed water resources project wiU"have a direct and adverse effect on the values for which such river "WaS established." 16 U.S.C. ~ 1278(a). A river may be established under the Act if it possesses any number of the following values: scenic, recreatJonal, geologIC, fish and wildllfe, histom.:, culrural. or other similar values. 16 U.S.c. 9 1271. Once a river is chosen to l::e I::c! uced In the System. the river a..id its adjacent land area are classlfied and ad..'11inistered as enhcr 2. "wIlti," "scenic," or "recreatIonal" river area. 16 U S.C S 1273(b) The three . classtficutlons are based UDon the relative ar:10u:1t of development that has taken place in a given 19 Sent by: ORB 6122919313; 04/14/98 14:32; JeHax #255;page 21124 " nver are~ prior to its inclusion in the WSRS.b The upper 10.3 miles of the Lower St. Croix are . classified as "scenic,'. while the lower 42 miles are classified as "recreational.I' A.R. at 756-57. MDOT argues that because the section of the Lower St. Croix where the Proposed Bridge would be built is classified as a "recreational rive:- area.," the NPS e:7'C": in evaluating whether the Project would have an adverse impact on the scenic values of the river. MDOT's argument, however, confuses the values for which a river is established under the WSRA. with the rivers classlfication under the Act. The t\Vo are distinctly separare concepts. The former is based on a .. river's inherent attributes and the laner IS based on a rover's development at the time of inclusion. For example, just because a river is classified as a "scenic river area" does not mean that the river was included in the System solely for its remarkable scenic value. It may also have been included for its historic, recreational, or fish and wildlif~ value. Similarly, a river ciassified as . "recreational" because of the amount of development on irs shores, may have been included in the System for its scenic, historic, cultural, or fish and wildlife values. Tne fact that there is not a rIver area classification paralleling each of the values for which a river may be induded in the System (e.g., a "historic river area" classification or a "fish and wildlife river area" classification) compels such an interpretation of the Act. The; NPS' determination that the Lower 51. CroIx was established under the WSRA for its 6 II Wild river areas" are "those rivers ... that are free of impoundments and generally maccessible except by trail, with watersheds or shorelines essentially pnmltive and waters unpollt:ted." 16 U.S.c. ~ 1273(bX1). "Scenic nver areas" are "those rivers ... that are free of impoundments., witl, shorelmes or watersheds sull brge1y primiuve and shorelines largely undeveloped, but accessible in places by roads." 16 use. S 1273(b)(2) "Recreational rIver areas" .J.re "those rivers. . that are readily accessible by road or raIlroad, that may have some developme:n along their shorel1nes, and that may have undergone some Impoundment or dlvcrSlOD III rhe past." 16 U S.C 91273(b)(3) . 20 Sent by: ORB 6122919313; 04/14/98 14:33; Jedax #255;page 22/24 . seemc, as well as its recreational value is a supportabl~ one. In arriving at its conclusion that the Lower S1. Croix was included for its scenic value, the NPS relIes on two documents: a 1973 Scemc Rnrer Study of the Lower St. Croix prepa.red pursuant to the WSRA ("Lower St. Croix Study"); and 2) a 1976 Lower S~ Croix Master Plan prepared shortly a..frer the final 25 miles of the nver were included in the System. Bot~ of these documents contain sufficient evidence to conclude that the Lower St. Croix was established for its scenic value. The WSRA calls for a study to be conducted on all rivers prior to their inclusion in the System to "show among other things ... the characteristics which do or do not make the area a worthy addition to the system,1t 16 D.S.C. 9 1275. The Lower St. Croix Study found that the "[L]ower St. Croix River and its immediate environment possess outstandingly remarkable scenic and aesthetic, recreational, a:ld . geologic value." AR. at 183. The Study points out that the Lower St Croix exhibits a "highly scenic course, complemented by an island and slough river environment in the upper reaches and a lake-like river environment in the lower reaches." A.R. at 183. Similarly, the Master Plan explains that "Congress has found that the Lower St. Croix River and its immediate environment possess outstanding scenic and esthetic, recreational. and geologic values. II A.R. at 731. Finally, MDOT argues that the NPS' determination that the Proposed Bridge would have a direct and adverse effect on the scenic and recreational values of the Lower St. Croix 1S a:bitrary and capricious. The Court does not agree The NPS made detailed, well-reasoned findings on both issues. With regard to scenic values, tIle NPS separated the vie'.vi.ng area into three smaller areJ-S for analysis--upstream, downstream, and in the area of the Project. A.R. at 100 Based upon its analysis of the impacts on vie\\iers in all three areas, the NPS explained that . the Proposed Bridge would change the Sce:1.IC quahtles of the LO\l;er St. Croix more than any 21 Sent by: ORB 6122919313j 04114/98 14:33j Jetfax #255jpage 23(24 '. .. .. d~velopment since the river's designation. A.R. at 112. This conclusion is based upon a finding . that the massive bridge "would be visible for approximately 3 miles upstream and do\l/tlStrearn," and would have a more slgnificant visual impact at greater distances than any other developments in the area 14.. at 112-13. Furthennore, the NPS detennined that because the Proposed Bridge would cut across the river, it would have a fundamentally greater visual impact than any of the current shoreline development. Although by its nature any bridge would have to stretch from one bank to the other, that fact exacerbates the impacts of the massive Proposed Bridge on the visual scene from many different points along the river. ld. at 113.' Likewise, the NPS' determination that the Project would have an adverse effect on the recreatlonal value of the river is a rational one. The NPS concludes that in addition to the negatIve impact on recreationists' enjoyment of the natural and historic scene, the Proposed . Bridge would create noise intrusions and multiple inst.ream obstructions that would fu.1"ther degl'2de the recreational experience. A.R. at 117. MDOT does not directly contest either of these conclusions. Instead, MDOT argues that the NPS should have given "project need" parar.1oune importance in conducting its evaluation. Project need, however, is noe defIned by either the WSRA. or the Act's guidelines as a controlhng factor to be analyzed in the Section 7 deter:ninatlon. MDOTs argument, therefore, is patently flawed. "'.s long as the Lower St. CroIx 7 ~DOT ar~.les that because there is a slgnific:me amount of developmen~ along the Mmr.esota shoreline at the point where the Proposed Bridge will be constrUcted, the visual lmp<lcts of the Project "",ill be relatIvely minor. As the NPS notes, however, "the Act and the management guidelines establish a nondegrJdation and e:1hancement policy for all rivers lnclt.:ded III the System.. Placing the proposed bndge In an area which has existing visual lr.truslOr.:" which in time may be eliminated, compounds neganve VIsual impacts of the br:dge. . A R. at 113 While this may not be the only way to VIew the situation, It is certainly a reasonable J udgme:H squarely withm the NPS' area of cxper.ls~ . 22 S~nt by: ORB 6122919313; 04/14/98 14:34; Jedax #255;page 24/24 .. . is part of t~e WSRS, the States of Minnesota and Wisconsin must obtain approval for any proposed t1water resources project" without respect to project need.! IV. CONCLUSION Based on the foregoing, and all of the files, records and proceedings herein, IT IS HEREBY ORDERED that: MDOT's Mation For Partial Summary Judgment is DENIED. . Dated:Cfllj/'1l8 1I MOOT claims that the NPS has given project need paramount importance in the past when proposing bridge projects over rivers that it manages. As support for its argument, ~IDOT cites Coalition. for Canvon Preservatiiln. Tnc. v Haz~, 788 F. Supp. 1522 (D. Mont. 1990). The neec for the bridge at issue in Hazen, however, was not a factor in the >-IPS Section 7 determination. The decision to approve the bridge under Section 7 was based on a finding that it would not have a direct and adverse impact on river values. Ifl at 1529. The court specifically found that "it is clear from the record that the Park Service was cognizant of these values and took steps to protect the historic, scenic, aesthetic, archaeologic, and scientific feamres of me river.1t I.d... . 23 t . April 14, 1998 417 W. Cherry St. Stillwater, MN 55082 Dear Members of the Stillwater City Council, . The Eighth Annual Ravine Cleanup is scheduled for Sunday, April 26, from 1 :00-5:00 p.m. Flyers are enclosed. The event is organized by neighbors of the ravine and co-sponsored by Friends of Stillwater Parks and Hope House of the St. Croix Valley. Community members of all ages, from toddlers to senior citizens, will work together that Sunday to remove everything from candy wrappers and fragments of old dishes to washers, dryers and furnaces from the ravine. We hope that the City of Stillwater Public Works crews will continue to take their trucks down to the central collection site and haul away the literally tons (yes, tons!!) of trash that's been collected. We invite you to come participate this year! Bring your families and friends. You will be part of something almost as rare as an ice cream cone in January - neighbors working together to take care of a piece of our Earth. The shouts of encouragement and laughter, the grunts of a group of strong and determined workers who have finally pulled a half-buried refrigerator from its "rusting place" and the parades of children singing and carrying loads of trash are probably something you haven't seen before and won't for a while yet either! Last year, we even had a singing lumberjack! (Seriously and it wasn't staged! Sorry, we can't promise that he'll come this year - but we certainly hope so!) At first, when we started, the garbage was everywhere, covering almost everything from the entrance on Cherry Street to the end of the ravine at the library. There was everything there, from an old baker's oven to old refrigerators, from candy wrappers and beer cans to flowerpots and broken china. There have even been several tractors, a motorcycle, and a boat!! But this year, if all goes as planned, will be the last publicized ravine cleanup. That's how far it's come! It's truly amazing, and we invite you to be part of it before it's too late. We'll be meeting at the comer of Everett and Cherry Streets. Please> bnng your own garbage bags, work gloves, ropes, spades, etc. Call 439- 8698 if you have any questions. EVERYONE IS WELCOME! Hope to see you there! . Sincerely, ./I GduJ ( k- c:?'~ ~ eet at the Comer of Everett and Cherry Street. It-II 'S I I " ~ Celebrate EARTH WEEK !!! N aT T HIS \ . Come Join the Fun at the Eighth Annual Ravine Cleanup! Sunday, Apri126, 1 :00-5:00 p.m. What's that? You didn't know it was Earth Week? And you haven't done . anything to celebrate? Well, it's not too late to do something about that! Come clean everything from candy wrappers and fragments of old dIshes to furnaces, dryers, and tractors out of the Cherry Street Ravine. Take your pick! Do your part to save the Earth this Earth Week! Enjoy the free refreshments, and lend a hand. Bring your own bags, gloves, ropes, spades, etc. EVERYONE IS WELCOME!!!! Questions? Call 439-8698. Sponsored by Friends of Stillwater Parks and Hope House of the St CroIX Valley. Organized by neIghbors of the ravine. -L P Q 9__, <j' ~) { H ^ PPY_ EA g T H_. W ~ E.}( 'j \ J \ 1\ j\ j\ . WASHINGTON COUNTY DEPARTMENT OF HEALTH, ENVIRONMENT AND LAND MANAGEMENT GOVERNMENT CENTER 14900 61ST STREET NORTH, POBOX 3803' STILLWATER, MN 55082.3803 OffIce (612) 430-6655 . TOO (612) 439-3220 . FacsImile MachIne (612) 430-6730 Mary L McGlothlin Director Rose Green OffIce Manager April 10, 1998 Dear Emergency Services Provider' The snow is melting and Spring is just around the comer! We all look forward to the warmer temperatures and the smell of barbecue on the grill. As an emergency service provider, Spring also means something else ..the start of a new severe \\eather season in Minnesota. I have enclosed information from the State Division of Emergency Management and the Metropolitan Emergency Managers Association regarding Severe Weather Awareness Week. This year's awareness campaign \vilI take place the \\eek of April 20-24, 1998. Please note that the statewide tornado drill will take place on Thursday. April 23, 1998, at 1 :45 p.m. and a second drill will occur at 6:55 p.m. Please feel free to copy and distribute this information to all interested parties. . If I can be of further assistance or provide you with more information please do not heSItate to contact me at 430-6701. S1I1cerely. ~0LJ}~ Stuart W. Glaser Emergency Services Manager Enclosures . ~ /~C'o' ;..~~~... 1:1 .. ~ .. ~ i! "<..'. ~....~ R.",_ Pflntf1d on Aecy"l~rj P'PP' '50" Post Con<um.. W,st. AN EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER DIVISION OF EMERGENCY MANAGEMENT EMERGENCY RESPONSE COMMISSION 8-5 Slate Capitol 75 ConstJlutJon Avenue St Paul, Minnesota 55155-1612 TTY (612) 282-6555 FAX (612) 296-0459 Telephone (612) 296-2233 March II, 1998 TO. County Emergency Managers EMA City Emergency Management Directors DEM Regional Program Coordinators The 1998 Severe Storms Awareness Week as proclaimed by Governor Arne H. Carlson is scheduled for April 20-24, 1998. Enclosed are daily topics that focus on various severe weather threats The statewide dnll is scheduled for Thursday, April 23, at 1.45 p.m. with all communities activating their severe weather warning systems. As of this date, 24 counties have chosen to conduct a second tornado drill the evening of April 23. This second drill is scheduled to commence at 6:55 pm. OEM will be sending mailings to schools, hospitals, and nursing homes statewide during the week of March 16-20 The Minnesota Safety Council will include information about the campaign in its newsletter which is distributed to 5,000 businesses m the state. A letter will also . be sent to TV stations towards the end of the month to solicit media coverage. We have included a couple of paragraphs each on the NOAA tone alert radio and the new EAS alert system that you can use in press releases or news stories in your areas. Also, the week before the campaign, DEM will issue a statewide press release concerning the campaign. Other things in your packet include: the 1997 tornado locations/tracks; a map showing the NOAA weather radio sites and their coverage; a copy of the statewide tornado drill exercise questionnaire; and the statistics of participation in last year's drill day by county. This year, more information is available on the DEM website (www.dps.state.rnn.us/emermgt/index.html) and the NWS site (www.crh.noaa.gov) If you have any questions or would lIke infomlatlOnal brochures to support your educational efforts, please contact Barbara Fonkert, OEM, at 612-725-2705 or Todd Krause, NWS, at 612- 361-6670, ext. 726. Smcerely, ~~~ Paul Aasen Actmg Director DiviSIOn of Emergency Management ~\:~ ~ Meteorologist in Charge NatIOnal Weather Service . LMC 145 University Avenue West, St. Paul, MN 55103-2044 phone: (612) 281-1200 · (800) 925.1122 Fax: (612) 281-1299 · TDD (612) 281-1290 . L-gulZ of MinnlZSola OtItIS Gnu promoting tl%CIZRtmclZ l April 15, 1998 To: Member cities - LMCIT workers compensation program From: LMCIT Board of Trustees - Jim Antonen, City Manager, Moorhead - Karen Anderson, Mayor, Minnetonka - Todd Prafke, City Administrator, St. Peter - Les Heitke, Mayor, Willmar - Jim Miller, Executive Director, LMC . L ~ I ~j of S+ , \ \ \fJ 0 1-- f \;, \ 5 Re: 1998 LMCIT Workers Compensation Dividend 11) 1 -0 $. d-- 0 4- d- ~ . 00 } A check for your city's dividend from the LMCIT workers compensation program is enclosed. LMCIT is returning a total of $4 million to member cities. These surplus funds are available to be returned to member cities because cities' loss experience has improved significantly over the past several years. I LMCIT DI\1dends I $109 Million since 1987 This is the third time in six years that LMCIT has been able to return funds to work comp member cities. It brings the total to $109 million LMCIT has returned to member cities since 1987. $25 $20 "' ~ $15 == $10 :l; $5 $0 '87 '88 '89 '90 '91 '92 '93 '94 '95 '96 '97 '98 We've tried in the following section to answer I G]A"operty/casualty OWorkCoIlll I questions you may have about these funds. If you have further questions or need any other information, please feel free to call Pete Tritz, Tom Grundhoefer, or Mary-Margaret Larmouth at the League ofiices. How is each city's share calculated? The LMCIT Board of Trustees directed that the funds be allocated among LMCIT's current members based on each member's total earned premiums and total losses for all the years the city has been a member ofLMCIT. For purposes of calculating the dividend, large losses are capped at $50,000. The Board also specified that each current member should receive a minimum dividend of at least 5% of the city's 1997 premiums, even if the city's total losses actually are greater than the city's premiums. The premium and loss totals used to calculate your city's dividend are shown on the enclosed sheet. . A..'\l EQCAL OPPORTUP;ITY!AFFIR}.L,\TIYE ACTION EMPLOYER Why did the Trustees select this allocation formula? . The formula reflects LMCIT's basic purpose: cities cooperating to meet their risk management needs. The reason LMCIT is able to return these funds to the cities is because LMCIT is in strong, solid fmancial shape. LMCIT's financial condition is really a function of the difference between the total premiums cities have contributed and the total losses they've incurred. Cities that have been members the longest and have done the best job of controlling their losses have effectively contributed the most to LMCIT's current strong financial condition. The formula gives those cities a comparatively greater share of the refund. ThIs is very similar to the way LMCIT has calculated dividends in the property/casualty program for many years. Why are these surplus funds available? The cost of claims from several previous years is turning out to be less than what we had antIcipated when we set rates. Four trends are worth noting: The number of reported injuries is about the same, but fewer of those injunes now result in lost time. SiX years ago, nearly 30% of reported injuries resulted in lost time and indemnity payments It's now well under 20%. For those injuries that do result in lost time, the average cost is down substantially. In 1992, the average cost of a lost-time injury was over $9,000; for 1997, it's under $6,000. In other . words, cities are successfully helping injured employees recover and get back to work sooner Average medical costs per claim are down substantially. In 1991, our average medical cost per injury was over $2000. For 1997, it's about $1200 Legal costs are down sharply since we began handlmg legal defense of work comp claims in-house several years ago These trends are no doubt the result of several factors. Cities' success in reducing employee inj~,::s and i!:. getting injured e:np!oyees back to work quickJy is certainly one major factor. The 1992 and 1995 work comp reforms are another. The increased use of managed care may be a factor as well, smce one of the goals of managed care is to rehabIlitate injured employees more qUIckly and help them return to work sooner. Should we expect additional workers compensation dividends in the future? There's no way to say for sure Future work comp dividends are certainly pOSSIble, but whether, when, and how much they might be is purely speculative at this point Obviously, we can't guarantee what LMCIT's finanCIal condition might be at some undefined future date . . . . Keep in mind that LMCIT has reduced work comp rates substantially over the past several years, as the chart shows. LMCIT's work comp rates are not designed to regularly produce significant amounts of surplus funds for dividends. ILMCIT Work Comp Rates, e S600 >. .. Cl. C C ;;; S400 ~ u Cl. u ~ ~ S200 :! u > < Compared to the property/casualty program, the "cushion" or contingency margin we build into the LMCIT work comp rates is substantially smaller. It's a bit of an over-simplification, but essentially the margin is what produces the dividends: The margin provides the funding cushion if losses should turn out to be greater than anticipated. If losses turn out to be at or below projections, that cushion isn't needed and can be returned to members as a dividend. SOOO '90 '91 '92 '94 '96 '98 '93 '9S '97 On two occasions, in 1993 and again in 1997, the LMCIT work comp program has also been able to pass on to member cities some refunds from the Workers Compensation Reinsurance Association (WCRA). It's certainly possible that WCRA might again return a dividend some time in the future, but at this point that's only speculation. We'll do our best to keep LMCIT fmancially strong and to run LMCIT as efficiently as we can. Whether we'll be able to return future dividends depends in large part on how well we as member cities can continue to control and reduce losses. A final note... LMCIT's member cities have made some impressive efforts to reduce employee injuries and to get injured employees back to work. This dividend and the rate reductions we've been able to make over the past few years are the payoffs for those efforts. As LMCIT Trustees, we'd like to offer our congratulations and thanks to you and your city staffs. Our citizens and taxpayers are well-served by your good work. / CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1941 S. Greeley Street Stillwater, MN 55082 ( ( ( .f) ~ \-')- ;' \:'i~ , , I', I ' / \ /" -' Office & Fax: 439-8803 REPRESENTATIVES FOR FY 1998 STILLWATER OAK PARK HEIGHTS BAYPORT ,..-- ELECTED: Jay Kimble Jerry Turnquist, Chairman Sharon Ridgway, SecyfTreas NOT 412 West Elm St 14298 N 56th St 152 S State St AC-l\ ,,'E Stillwater, MN 55082 Oak Park Hts, MN 55082 439-5576 439-2888 439-1619 '-- RESIDENT: Ann Bodlovlck, Vice Ch Gall Leavitt-Bush Patrick Chapman 1511 W Olive Street 6213 St. Croix Trail #111 244 N 6th Street Stillwater, MN 55082 Oak Park Hts, MN 55082 Bayport, MN 55003 439-2658 430-0436 430-2996 ALTERNATE Gary Talbot 1921 Oak Glen Lane Stillwater, MN 55082 351-0224 Jim Menard 555 N 2nd Street Bayport, MN 55003 439-9207 . . . . April 9, 1998 STILLWATER TOWN BOARD MEETING Town Hall 7:40 P.M. PRESENT: Chairperson David Francis, Supervisors Louise Bergeron, Jerry Hicks, David Johnson and Sheila-Marie Untiedt. Also, Planner Meg McMonigal, Engineer Paul Pearson and Attorney Tom Scott. 1. AGENDA - M/S/P Bergeron/Johnson moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Untiedt/Hicks moved to approve the 3/16/98 Stillwater Town Board Meeting minutes as written. (5 ayes) M/S/P Untiedt/Bergeron moved to approve the 3/26/98 Stillwater Town Board Meeting minutes as written. (4 ayes, Hicks abstain) . TREASURER - 1. Monthly report handed out. 2. Claims #2033 through #2058 were approved for payment. 3. Discussed a possible procedure for putting the balance of budgeted park funds for salaries into the park development fund at the end of the year. 4. BUILDING INSPECTION - The clerk will contact the county for a release from our building inspection contract on April 30, 1998. 3 . The fees for building permits to township residents will be about 15% less/ than the 1994 state uniform building code rates. The building inspector will receive 85% of the discounted building permit rate and 100% of the plan review fee which will be 75% of the discounted building permit rate. Chris Kearney will start doing building inspection as of May 1, 1998. The attorney will draw up a contract. 5. LAND STEWARDSHIP - Mike Pressman was present to talk about land stewardship. He is available to governments to help get people interested in green corridors_ 6. STONEBRIDGE TRAIL TURN-UP - The engineer presented various options for dealing with Stonebridge Trail in the future that will be presented to residents on April 14. Supervisors discussed the agenda for the evening and were admonished to keep it brief and to the point so residents have time to make comments and 4I'Sk questions. Stlllwater Town Board Meeting - 4/9/98 Page Two 7. DATA BASE MAP - The engineer mentioned that a data base map was purch.d from Washington C'ounty. It may not be rented or sold by the township. 8. ARCOLA TRAIL - Soil testing has been done on the problem area of the gravel portion of Arcola Trail. The analysis should be ready by the next meeting. 9. WEED MEETING - Louise Bergeron attended the annual weed meeting. The weed inspector will visit several areas of concern in the township with her. (He may attend a town board meeting on May 14.) 10. SUPERVISORS/HEARINGS - The appropriate behavior of supervisors at planning commission hearings was discussed as requested by Jerry Hicks. 11. ADJOURNMENT - Meeting adjourned at 10:42 p.m. Cl erk Chairperson Approved . . BROWN'S CREEK WATERSHED DISTRICT . MEETING AGENDA Business Meeting, April 13, 1998 1 Call to o;-der @ 6 30 PM 2 Presentation and approval of minutes: March 30 1998 meeting 3 Treasurer s rapon (Gordon} 4 CAe ISSUes ana requests (Potter) 5 Staff reports and Issues (Doneux) ci UISCUSSlon of purpose and Issues before the watershed dlstrrct (Leiser) . 1 his diScussion will be an open format between the members of the watersned board. Purpose IS to openly discuss who and 'Nhat we are. what we expect to accomplish. and 'Nhat resources we need to reach those objectives I expect to accomplIsh the following during the . clscussion a MIssion statement b List of specific objectives c, PriOrities among objectIves d Resources available and needed e Attitudes and expectations of Individual managers f Time line for major objectives 9 8uagetary needs, economIcs vs tax realities 7 O~her busIness C AdJo'-Jmme:lt . Minutes of Meeting Browns Creek Watershed District February 23, 1998 Approved . In Attendance: BCWD Board of Manaaers Ned Gordon Dan Potter Karen Kilberg Craig Leiser Jon Michels Others Mark Doneux, SWCD Annette Drewes of MNDNR Molly Shodeen, MNDNR Matt Moore, BWSR Barbara Cobb, Board of Water & Soil Resources - Middle St. CroiX Cecelio Olivier and Brett Emmons of Emmons & Olivier Resources Diane Desotelle of Peterson Environmental Consulting Stuart Grubb of HDR Engineering Derek Knapp and Steve Woods of Montgomery & Watson Kim Reeves Citizens; Peter Schwarz, Rocky Hoffman, Pamela and Wayne Bjorum, David Truax, Mary and Paul Leonard, Ronald Pearson, Jyneen Thatcher, Angela Anderson, Alan Kemp, Lee Miller, Keith DeWolf . 1. The workshop meeting was called to order at 6:30 p.m. by Craig Leiser. 2. Craig Leiser gave a brief presentation on the BCWD for the benefit of the candidates for the Citizen's Advisory Committee. Dan Potter read the statues regarding the purpose of a Citizen's Advisory Committee. Each of the following candidates made a brief (5 minute) presentation to the Board: Jyneen Thatcher, Alan Kemp, David Truax, Stuart Grubb, Pamela Bjorum, Paul Leonard, Ronald Pearson, Lee Miller, and Keith DeWolf Candidate Bill Johnson was unable to attend the meeting and, per his request, Craig Leiser discussed his interest In and qualifications for membership on the committee Ned Gordon made the motion that all eleven candidates be accepted and Dan Potter seconded The motIon passed unanimously. The workshop was adjourned and the regularly scheduled meeting was brought to order at 8:45 p.m 3 A motion to approve the minutes was made by Ned Gordon and seconded by Jon Michels The motion passed unanimously . 4. Agenda reviewed for acceptance and approved With one change - Include Work Order #1 under the H&H study . Treasurers Reoort: Ned Gordon presented an amended budget to the Board and a memo outlining the procedure for paying per diem. A motion that payment of all accounts payable invoices be approved as presented was made by Ned Gordon and seconded by Jon Michels. The motion passed unanimously. 6. Task-force Formation: Jon Michels gave a presentation on conflict management and the formation of a citizen's task-force. Board members made the decision that the newly formed Citizen's Advisory Committee be given copies of all information regarding this issue, as well as a packet of "working resources" and bring forward a recommendation to the Board at the next regularly scheduled Board meeting. 5. 7. Senate Fil~ 3057 <:3n<:1 House File 3461 Review: Karen Kilberg informed the Board that the Senate file did not have a hearing. The House file was heard and portions of the file were sent to committee. The City Councils of Stillwater, Hugo, and May passed resolutions to have the bill put forward. 8. 'p~t~r~(:>n Envirqnm~nt<:31 Subcontract: A motion to approve Work Order #1 as amended was made by Jon Michels and seconded by Ned Gordon. The motion passed unanimously. . 9. Peterson Environmental Contract: A motion to approve the Peterson Environmental contract was made by Jon Michels and seconded by Dan Potter. The motion passed unanimously. 10. Prooosed Amendment Commentary: A motion to endorse the amendment commentary as drafted by Mark Doneux was made by Ned Gordon and seconded by Dan Potter. The motion passed unanimously. Mark Doneux is to send the commentary back to the agencies for comments. 11 . Review of LCRM Status: Matt Moore and Mark Doneux made a presentation to the Board on the status of the LCRM. 12. Presentation of Bv-Laws and Rules: This discussion will be earned over to the next regularly scheduled Board meeting. 13. Other business: The selection of legal representation will be scheduled for the next regularly scheduled Board meeting. 14. A motion to adjourn was made by Ned Gordon at 10:45 p.m. and seconded by Dan Potter. The motion passed unanimously. Respectfully submitted by: ~':A ~QL\{O \ Kim Reeves .) Recording Secretary . Approved Minutes of Meeting Browns Creek Watershed District March 9, 1998 In Attendance: BCWD Board of Manaaers Ned Gordon Dan Potter Karen Kllberg Jon Michels Others Mark Doneux, SWCD Cecelio Olivier of Emmons & Olivier Resources, Molly Shodeen, MNDNR Kim Reeves Citizens; Peter Schwartz, Charles Prokop of Minnesota Trout Association, Stu Grubb, Donald and Pauline Rice, Len and Rita Shimota, Eileen R. Gordon, Paul Nelson of Montgomery Watson 1. 2. The business meeting was called to order at 6:30 p.m. by Karen Kilberg. A motion to accept the minutes from the prevIous meeting was made by Ned Gordon and seconded by Jon Michels. The motion passed unanimously. Treasurers ReDort: Ned Gordon informed the Board that a transfer for monitoring had been received from the county. No action was required. Ned Gordon opened discussion on legal RFP's. 15 minute presentations were given by the following: · Michelle Ulrich for Michelle Ulrich, P.A . Raymond Marshall and Tracy Galowitz for Lawson, Marshall, McDonald & Galowitz, P.A. . Louis Smith for Smith Parker. 3. 4 5 A silent ballot was cast, then read by the Board members. A motion to accept Smith Parker as the firm representing BCWD, subject to approval of a legal contract and fee structure, with Michelle Ulrich continumg to work with the Board during the interim and to represent the BCWD in the event that a contract cannot be reached with Smith Parker was made by Jon Michels and seconded by Ned Gordon. The motion, with contingencies, passed unanimously. ProDosed Bv-Iaw's - Ned Gordon presented proposed By-law's (as attached) for the Board's approval. A MotIon to accept the By-law's as presented with changes In article 4, second paragraph, was made by Jon MIchels and seconded by Dan Potter. The motion passed unanimously. . . . . . . 6. Insurance review - Ned Gordon presented a binder for comprehensive insurance in the amount of $750,000. The Board is not covered for Worker's Compo The discussion will be continued at the next meeting. 7. Prooosed Rules & Format - Karen Kilberg will discuss with the Board's legal representative and bring forward at the next meeting. 8. Review of 1 st CAC Meetina Issues - Dan Potter: . Three presentations: 1) David Truax, general overview; 2) Annette Drewes - MNDNR, perspective of the creek 3) Roger Williams from the Office of Dispute Resolution. . Six items need to be discussed: 1) possible altemative meeting site; 2) clarification of open meeting laws that may effect the CAC; 3) clear cut direction and/or task identification; 4) CAC very interested in having outside facilitation (such as, Roger Williams from the Office of Dispute Resolution.) They are very interested in being significant players in the Landlocked Basin Taskforce. The CAC wants one or two identified tasks voted on by the Board members; 5) more background information; 6) copies of Board agendas, as well as, approved minutes, and one copy of the Board packet. . The CAC was charged With identifying ten critical issues affecting the watershed. 9. Landlocked Basin Taskforce - Jon Michels: A brief summary was presented by Jon Michels, as attached. A proposal that a Taskforce be set up by the Board as soon as possible was made. The Board will discuss this issue at the next meeting. 10. Mannina Avenue Extension Discussion - Washington County has made a no build decision. The Board will endorse and subscribe to this deCISion. 11. Stillwater/SWCD Review and Comments, - tabled until next meeting. 12. General Communications - A motion to join MAWD for 1998/99, With dues in the amount of $2,000, was made by Ned Gordon and seconded by Jon Michels The motion passed unanimously. 13. Other business: Craig Leiser is not available for 3/23 meetmg. Change date to 3/30, or keep 3/23? Craig to set up next meeting and fax information to members. 14. A motion to adjourn at 10:45 p.m. was made by Ned Gordon and seconded by Dan Potter. The motion carried unanimously. Respectfully submitted by: ~IA~~(J91tW-- Kim Reeves Recording Secretary . m 0 rA/1is P~r k A. cJc I't~ 2{)511'i.~ Lo..rtJ~~c- Av~. Sj. P~( jV\ /Y !;b ~(S ~~IJqqg Si;:{lw~/~~r- C:t'j COtNtc:( 1/2 J{ twt~ St. St,'Jlwd-~1j jv{ j.{ 550g~ .ik I oi ~ Jntv.J . HwR 18 '98 81. C8?"1 Lrq:;UE cr nr, CITIES . LMC ~ "f M."'ttIUOi4 Cif;Q6 C'.n..~..".~ I P.l FRIDAVFAX A weekly leg,,!labve update from the League of Min(JIJ$Ota C;t'8$ Vol. 3, No 15 April '10, 1998 Legislature adjourns The 1998 legislative session came to a close at 3:30 this morning. Many ma- Jor bills were passed In the last two days induding taxes, capital imPTove- n,ents (bonding), K-12 education, higher educatl~n finance, state de. partments, agricuttur& an<:: natural re- sources, and others. The following is ,3 qUIck summary of some of the action: Taxes (H. F. 3840) As we reported in the speclal Wednesaay fax, agreement was reached on the major provisions of the omnibus tax bill. t1ghl'9I'lts lxlude class rate compres.'Sion for taxes pay- able in 1999, reduced $ChQoIlevtes an~ other protections for home own- . erst one more year of Ie-vy limits for dties over 2,500 in population and all countJe$, local sales taxes for 13 cit- ies, and a"other $500 million property t;:'l< rebate for hOl'T'le owners a~d rent- ers. Also included is a provision which will dedIcate the first $200 million of a state budget $tll'p~S to Income tax re- ductions. and the ~ext $400 milion to pay cash for state capital impl'V'Vement prqects that would otherWIse De paid t/'Irough bondir.g. A last-minute addi- tion to the bill is $10 million in ~ousmg rr,oney that was ongina!ly contained in tr.e ecorlOC11ic -.development btd vetoed by the governor. In resporl$El to potential problems if: TIF dlStncts caused '0,/ prooerty tax das.s rate compression, ClueS are grantEd authority to crsate special tax- ing districts wIthin eXisting T!F dis. trets. The authority IS limrted to TIF dlstnctfi for WhlCh the request for c.er- bficabon was Made before June 2, 1 ~97, and applies only to property . suojectw an asse&Sment agreement or a de\h9lopment ag~t To qual.~ tor thIS authonty, the city must have a TIF district defiCit caused by the 1997 or 1998 class rate change ('deticir means an inability to pay ob- ligatons lSSllea or contracts ent~ed into before June 2, 1997); and, ex- hausted any available mcrements from ctherTIF districts in the city Cities that do not have actual deficits are also authorized to create special tax- ing districts. but the special tax may only be useo to pay pre-eXisbng obli- gations and the TIF distnct is reqUired to be decertified when the cbllgatill)nS are paid. TIF disclosure and reporting deadlines are extel"!dscl from July 1 to Aug. 1, and a penalty is establIShed for failure to report on time. Environment & Agriculture Supplemental Appropriation (S. F. 3353) The LegiSlature approved $17.8 million from th.e general fund and $500,000 from the natural resources fund for supplemental enVIronment and 39P1cul- ture fund:ng. Projects funded ur.cJ.!r ttJe bm include $1.5 million fer flood hazard mi~ation, $100,000 for brownfields, and $1 million for feedlot water quality grants Significant policy changes ,n the bill include increased feedlot regula- tIOns with a two-year moratcnum on open--air' sWine lagoons, modified Indi- vidual septic treatment systems laws, and a new 'Nater quality cost-beneftt model $COPing !ask forca State Departments Supplemental Appropriation (Chapter 366/S. F. 3354) The goverr.CI' Slgned Into law Cnaptsr 360. a $33 mhllcn state deoartment 'jupplemental ~ppropr:ation for the o~- 61'2t!on of Stat9 agencIes. In addition to the funding proVisions, the bitl con- tains changes to the communit'l.ba~d plaming law, establIshes a c.onstrue- bon codes advisory council including lMC membership, requires the de- partment of administration to develop nonvisual technology standards for fu- ture procurement of technology by the state and political subdlvi&ions, direc-ts the attCffiey general to educate the publtC on telemarketing fraud, and amends statutes to accommodate the state's telecommunl.::.9tlooS mfrastruc- ture projects. Bonding (HF3843) TIle L.eglsl~re passed and the govcr~ nor is expected to $Ign the neany $1 l:1l1[l(jn capital investments bill. Among the projects wtn statewkJe Impact ar~ $44 million to the pt;blic faciht;9.s alJ~ thorty to assist local governmer ts Vtlth watorand wastewater treatment projects. $..~ million for local bndge replacement and rehabilitation, and $6 milllOli to the housing finance a~cy fortransrtiooalt,ousing loans an1 pub- lidy-owned rental housing The bill also contains funding for the 51. Paul RilfflrCenve project. hence seer.mng professional hockey in St. Paul, and funding fol' planrung and cons1r-Jction of light rail tral'lSlt and commuter rail. An interesting policy change requires notification to local govemmer11s of proposed WastEMater treatment projects within 10 mdes of the project area. This proVl$1Cfl may encourage better land I.lse and other infrastruc- ture planning League staff is preparing more de- tailed sum manes of these and othe: laws of interest to city offICIals forthe armuallegl$latNe Sl1mma~, 'Nhich wtl\ appear In the April 22 issue ot the Cit- ies 8ul!etin. And ifthat ISn't erough in1ormation for you, tal\e hearl; there are only 2T0 days untIl t~a 1999 ses- sic.m . ., , _ ___ _ _~"A' ........ ..... /".,....... r_.,......____......."*~..1 r1"",'ftA..C' ,_,._r APR-1B-1998 15:47 CITY OF OPH P.02/03 . 7:00 1. 7:0S II. 7:15 III. 7:20 IV. . 7:30 V. . ClTY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, APRIL 14, 1998 7:00 P.M. AGENDA Call To Order/Appq>val of Aienda De.p3.rtmentlCounciI Liaison Re~ns A. Park! 8. Cable C Water Management Organizations D. R.ecycling Award (1) E Oak Park Hel&h~ Busine:ls Associ8t1on F Bridge Reports Visitors Pam Hamrct 13887 56th Strt:et North This is an opportunity for rhe puhlic to addrus the Council with queS!ions or COr.cems on /Ss:Jes not part of the agenda. (P~e lumt comments to 3 minutes in length) ('-On~nt Aienda (Roll Call Vote) A. Approve Bills" Invesunents B. Approve City Counc1i Workshop Minutes - March 24,1998 (2) C. Approve City Council Minutes. March 24, 1998 (3) D. Resolution 98'()4-32 . A ~lution Approving Abatement ofSpee'aJ Assessment to Robert M. and Jean A. Ludwig (4) E. A~epfMce of retirement of Public Works Dnacr Roger Beowu effective April 30. 1998 (5) F. AJ:provaJ of organizational pJuiPublic Works o~tions concepts (6) O. AuthorizatIon to hire John Johnson AS temporary actini public works duector/engiIleu through September 30, 1998 (7) H. Authorization to hire two Manpow~ emplo)~es to work ill the Public Works Departm.nt for 30 days (8) I. Autb~on to till secretarial pc:srtlon in community development area J. Authorizmion 10 eaplo) Mar.power secretary through May 1, 1998 K. Acceptance of con~ for Morin serllces (9) L. Authorization ofSIOO expenditure for Our Future at Stake mscrt in the Chamber De'.lsletter (10) M. StratCilc Planning Upda%e for Aprill7, 1998 (11) N. Authoriz:atioD of expendIture for final swale comectlons {l2) O. Authoriution of release of $7,s00 of e$crow fwlds for A$-Built SIJ.l"/eys fOl" Oak Park Ponds Plat by KTJ Limited Parmership 11 P. Renee Sorenson letter (13) Q. ~ Party in the Park date for Sunday, August 9, 1998 at Brek.'<e Park R. Authorization to approve bid for community development office area moditicatlons (14) S. Authoriza.ion for sraffto hire summer park attendants (15) T. Authori::c the purchase of trash containers for City trails a.."ld p~ Public HeariniS A. Slrt public bearing for April 28, 1998 to review plll."1!ling commisslon proposal and reec:m:d draft document$ (16) B. Set a public hearin~ for April 28, ) 998 to review mobile home ordmance amendment and receIved draft documents (17) C. Set apubhc he&rlIlg for May 12, 1998 to review proposal for Arby':/Sbarro ~PP-10-1998 15:48 CITY '.JF OFH p 03,' 03 800 VII. 8:45 VI. 900 930 D Set a publIc hearing for May 12, 1998 for EcODOIIllC Development Authority authorization E. Public Hearini for SuperAmenca's request for a proposed developmeot. site plan approval. rezoning, sign variance, and CUP (18) . New Business A. DIScussion and approval of City Hall modificatIons bids (19) B. Washington County Engineering Conununicat!on (20) C. Support of extension of 58th Strect with the sOl,1them ahi=UIlent option D. Order preliminary design and report from engmeer on 58th Street extension E. Author..ntion to award street sweeping bId (21) F. Authonzation to award municipal mowm~ bid (22) Q. Communication regarding patchL,g of City stree~ (23) H. Request for autborizanon to lJ1Stall pop machines b City parks (24) I. update on the Pnson Pond bondtng bill (25) ] League ofMinDesota Cities information and conference (26) K. Request authonzatlon to install two "Children at Play" sigru on 55th Street North. be~"een oakgreec Avenue Norlh and Novak Avenue (27) L. Ducussion of Boundary Area CommlSslon's Aprill? 1998 rneetmg from 5 00 p.m to 900 p.m. Old Busin~ A Update on Kern Center report of storm sewer, road improvements, and possible curb and gutter B. Cost analysi$ for OsgoodlHighway 36 intersection redesign Closed Executive Session The Council will adjOtl."t1 to a closed eltccutJ'te session to dISCUSS annexation and labor relatIons strategy Adjournment; . . TCITHL F. o=: METRO MEETINGS . A weekly calendar of meetmgs and agenda Items for the Metropoiltan CouncIl, Its advzsory and standmg commlttees. and three regIOnal commlSSlOns' Metropoiltan AIrports CommlSslOn, Metropoiltan Parks and Open Space CommIssIon, and Metropoiltan Sports Facllltles CommlSslOn Meeting times and agendas are occasIOnally changed QuestIOns about meetmgs should be dIrected to the appropnate orgamzatlon Meetmg mfonnatlon IS also avaIlable on the Metro InfonnatlOn Lme at 602-1888 and on our web page at www metrocouncll org Comments on CounczllSsues can be made by electronic mall at data center@metc state mn us or by callmg the Pubilc Comment Lme at 602-1500 DATE: Apnl10, 1998 WEEK OF: Apnl 13 - Apnl 17, 1998 METROPOLITAN COUNCIL Transportation Committee - Mon., Apnl 13, 4 p.m., Chambers. The commIttee will consider: contract amendments Wlth laIdlaw Transit ServIces to operate the BE-Lme and RoseVIlIe Area Circulator; grant agreement Wlth Mn/DOT for tranSit cumculum; Mendota Heizhts Route 48A replacement servIce; authonzation of Uptown Transit Hub architectural and enzmeerinz contract; authonzation of enzmeennz and desIzn contract for new bus sh~lter proJect; CMAQ grant to increase riderslup; and other busmess. EnVironment Comrmttee - Tues., April 14, 4 p.m., Chambers. The comrmttee will conSider: adoption of a mercury reduction strate.gy; authorization to award and execute a contract for 408 PCU room ventilation; authonzation to award and execute a contract for Empire Plant expansion to 12 MGD, phase 3 mIscellaneous Improvements; dISCUSSion on beneficial re-use ofbIOSOhds and ash; and other busmess. . Apphcation WorkshotJ for the Livable Communities Demonstration Account - Wed., Apri115, 9 a.m., St. LoUIS Park CIty Hall Chambers, 5005 Mmnetonka Blvd., St. LoUIS Park ISTEA Pro<rrammin~ Committee of the: Transoortation Advisorv Board - Wed., April 15, 12:30 p.m., Room IE. The committee will consider: continued discussion of rezional solicitation cntena items: re$lonal bluepnnt/transportation plan pnonties for the 1999 soliCitation, diSCUSSIOn of the vision/purpose of soliCItation catezones, assI$t1ment of points to critena, mitial diSCUSSion of criteria/pohcy matnx; and other busmess. TranstJortation Advisorv Board - Wed., April 15, 2 p.m., Chambers. After the mformatIOn meetmz on the Transportation Improvement Program process, the committee will conSider: TAB executive commIttee report; techmcal adViSOry comrmttee report; ISTEA programnunz committee report; pohey committee report; bylaws task force report; TIP process task force report; A TP report; review of le$lslative seSSIOn; overvIew of Metropohtan Council local comprehensive plan reView program reo transportation plan requirements; chair's report; and other busmess. Informational Meetm~ <:m the Transportation Im9rovement Proczram (TIP) Process - Wed., April 15, 2:10 p.m., Chambers TranSIt Providers Advisorv Committee - Thurs., April 16, 10:00 a.m., Room 1 A. The committee will consider: report from the fare subcomrmttee; report from the marketinz subcommittee; 1998 le$lslative seSSIOn update; sprinz tranSIt marketinz campaizn; reziona1 tranSit symbol/future directions; operation "131"; and other business. Committee of the Whole - Thurs., April 16, 4 p.m., Room 1A. The committee wlll consider: Builders ASSOCiation of the TWln Cities' video presentation; reView of mercury strate.gy; reView of permanent rural area pohcy; service availabIhty charze (SAC) study status report; and other busmess. . The Metropohtan Council is located at Mears Park Centre, 230 E. FIfth St., St. Paul. Meetinz times and azendas are subject to chanze. Fo':,more mformation or confIrmation of meetmzs, call 602-1447, (TIY: 291-0904). Call the Metro Information Lme at 602-1888 for commz meetmzs and other CounCIl information or fmd them on our web paze at www.metrocouncil.org. TENTATIVE MEETINGS THE WEEK OF APRIL 20 - APRIL 247 1998 Community Development CommIttee - Mon., Apnl 20, Noon, Chambers . Fmance CommIttee - Mon., Apnl 20, 4 p.m., Room 2A South Washin~on County Facilitv InterCe!)t9r Advisorv CommIttee Meetm5?:. - Mon., Apn120, 4 p.m., Metro 94, SUIte 32,455 Etna, S1. Paul MetropolItan Parks and Open Space CommISSIOn - Tues., Apnl 21, 4 p.m., Chambers Executive CommIttee - Wed., Apnl 22,8 a.m., NIcollet Island Inn, 95 Memam St , Mmneapohs Housm~ and Redevelo!!ment Authonty AdVISOrv CommIttee - Wed, Apnl 22,8.30 a.m , Room lA ApohcatIon Workshop fo!, th~ L!v?:ble C;:ommunitIe$ Demonstration Account - Wed., Apnl 22, 9 a.m., Maplewood City Hall Chambers, 1830 E. County Rd. B, Maplewood Core CitIes Issues Work Group - Wed., Apn122, 12:00 Noon, Muffuletta Cafe, 2260 Como Ave, St. Paul Metrooolitan CouncIl - Thurs., April 23,4 p.m., Chambers METROPOLITAN SPORTS FACILITIES COMMISSION Personnel CommIttee - Tues, Apnll4, 9:30 a.m., MSFC Conference Room, 900 So. 5th St., Mlllneapohs The commIttee WIll conSIder award contract - event consultInz servIces; award contract - secunty/specIal events servIces; award contract - refuse removal services; and other busllless. CaOltal Improvement Committee - Tues., April 14, 10:30 a.m., CommIssion Conference Room, 900 So 5th S1., MInneapolIs. The comnuttee will conSIder: approve bIds/award contract - 1998 fuel oil tank replacement proJect; approve bids/award contract - 1998 sound eqUIpment proJect, sIznaze project update; roof fabnc closure update; and other busllless . CommIssIOn Meetmg - Wed, Apnl 15, 9:30 a.m., MSFC Conference Room, 900 So. 5th St , Mlllneapohs. The commISSIOn WIll conSIder: approve bIds/award contract - 1998 fuel 011 tank replacement proJect; approve bIds/ award contract - 1998 sound eqUIpment proJect, sIznaze project update; roof fabnc closure update; award contract - event consultmz servIces; award contract - secunty/specIal events servIces, award contract - refuse removal servIces; and other busllless. The followmz porhon of the meetms WIll be a closed executive seSSIOn to dISCUSS the Mmnesota Twms use azreement. The Metropohtan Sports FacIlIties Comnllssion offIce IS located at 900 South 5th St ,Mmneapohs, MN 55415. All meennzs are held m the conference room, unless noted otherwlse Meetmz times and azendas occaSIOnally may be chanzed To venfy meetms mformatIon, please call Nancy MatowItz, 335-3310. METROPOLITAN AIRPORTS COMMISSION AffIrmahve Achon CommIttee - Mon., Apnl 13, 9 a.m., Lobby Conference Room, MAC General OffIces The commIttee w1l1 conSIder approval of the 1998 - 1999 affIrmative actlOn plan; and other busllless Metropohtan AIrpOrtS CommlsslOn offIces are located at 6040 28th Av S., Mlllneapohs, MN 55450 For more lllformatlOn, call Lynn Sorensen at 726-8186 . ~ Metropolitan Council METRO DI6ESI" . MARCH, 1998 A digest of actIons taken by the MetropolItan CouncIl, MetropolItan Airports ComnllsslOn, MetropolItan Parks & Open Space Comrmsslon and MetropolItan Sports FacIlIties ComrmsslOn MInutes of all CouncIl and ComnllssJOn meetIngs are filed Wlth the LegIs]atIve Reference Library, 645 State Office BuIldIng, 6th F]oor, In St Paul for a penod of up to two years and can be viewed by the publIc Call the appropnate comrmsslOn or operations area for meetIng mformatIon and/or specific questIons ' Metropolitan Council The MetropolItan CouncIl IS located at Mears Park Centre, 230 E. Fifth St., St Paul, MN, 55]01 For further mformatIon regardmg the contents of thiS publIcation, contact Sandra Lmdstrom at 602-1390. The Councl]'s genera] number IS 602-1000 (TDD: 291-0904). CaJl the Metro Injormation Line at 602-1888 for recorded InformatIon about CouncIl publicatIons, COunCl] actIons, commg meetIngs, Job opemngs and subsidIZed hOUSIng referrals Recent CouncIl publIcatIons can be found at major publIc lIbranes In the Metro Area PublIcatIons can be ordered bye-mal] The address IS da1a.center@metc state.nul us Comments can be made to that address as well as 602-1500, the Metro Council Public Comment Line Check the mtemet web site at http://www.metrocounciLorg. The Counczl... .Community Develo!>ment . · accepted the Program Evaluation for 1997 prepared by the Metropolitan Radio Board. · accepted the 1997 agricultural preserves status report. · adVlsed the city of Blame that It may place its plan amendment into effect and that no plan modification was requITed; and adVlsed the CIty that It should work WIth MnDOT and others to identify solutIons to traffic congestIon as part of the comprehensIve plan update. · approved the 1998 Annual Dismbution Plan for the LIvable CommunitIes Fund. Environment · authonzed the EnVIronmental ServIces DIVISIOn Director to accept $575,000 m fundmg from the Minnesota LegIslature Vla a grant agreement WIth the MPCA for . expanSIon of the MetropolItan CouncIl's water momtonng efforts m 1998-1999. . authorized its RegIOnal Admmistrator to conduct a publIc heanng on the Draft FacilIties Plan for the CentervIlle Interceptor Improvements, Project No. 9708. . approved the use of the 1997 pOSItive vanance. . approved payment of a $6,000 membership fee to MInnesota Energy Consumers; payment of a $5,000 membership fee to the ICMA UtIlIty Restructunng ConsortIum; and issuance of a Request for Proposal for energy ServIces. These membership fees are for 1998 only; continued membership is subject to reVlew and approval by the CouncIl's EnVlronment Commlttee. . accepted the report of the Industrial Rate System Task Force and authonzed staff to hold a publIc meetmg m the CounCIl Chambers on May 13, 1998, to SOl1CIt comment on Its recommendatIons. METRO DIGEST . . authonzed staff to enter mto agreements RegIonal Park, approved the amended WIth communItIes for the 1998 InfiltratIOn! boundanes to the park reflectmg the Inflow Loan/Grant Program. addItIon of Parcel A and the deletIon of Parcel B, and approved the removal of the . approved testImony for the Apnl 6, 1998, restnctIve covenant on Parcel Band heanng for the dIssolutIon of the Central requested Ram~ey County to place a Ramsey Watershed Management restnctIve covenant for regIOnal park use on OrganizatIOn, and gave staff the authonty to Parcel A present thIS testImony at the meetmg and to work WIth the Board of Water and SOlI . authonzed an amendment to Grant SG-95- Resources, as needed, on the outcome of the 57 mcreasmg the total grant amount by heanng $2,962 for a new total of $87,962. The grant mcrease shall be financed from the Finance $2,912 unspent balance of Grant SG-96-55 and the $50 unspent balance of Grant SG- . approved amendments to the 1997 and 1998 95-58. The mcrease to Grant SG-95-57 IS unIfied budgets. subject to MetropolItan Counct! adoptIOn of the reVIsed Fmance SectIOn of the . approved a resolutIOn authonzmg Issuance RecreatIOn Open Space Development and sale of General OblIgatIon TranSIt GUldelPolIcy Plan and approval by the Bonds, Senes 1998A, and approved a LegIslatIve ComnllssIOn on Mmnesota resolutIon authonzmg issuance and sale of Resources of an amendment to the 1995 . Senes 1998B General OblIgatIon SolId EnVIronmental Trust Fund appropnatIon Waste Refundmg Bonds. work program that partIally financed Grants SG-96-55, SG-95-57 and SG-95-58 The . authonzed its RegIOnal AdmmIstrator to CouncIl also amended appropnate sectIons execute an acceptance of the amended and of the regional recreatIOn open space capItal restated lCMA RetIrement CorporatIon Improvement programs to reflect the grant Deferred CompensatIOn Plan and Trust mcrease due to transfer of the unspent WIthout the prOVISIon for loans to plan balances. partICIpants. . authonzed an amendment to Grant AG-91 . authonzed Its RegIOnal AdmmIstrator to to permIt 583,000 to be spent on phase 2 Implement changes m InformatIon ServIces development of the MISSISSIppI RIver Salanes for dIfficult-to-hlre InformatIOn RegIOnal TraIl m the CIty of South S1. Paul, SerVIces staff RetentIOn awards were based authonzed an amendment to Grant SG-96- on medIan of pnvate sector market, by 24 to permIt up to $217,000 to be spent on pOSItIon, of $1 ,000-$12,000. phase 2 development of the MISSISSIppI RIver RegIOnal TraIl m the CIty of South St Parks Paul; authonzed grant reallocatIOn amendments subject to MetropolItan . approved the exchange of 9-acre Parcel A CounCIl adoptIOn of the reVIsed Fmance from \VhIte Bear TownshIp III exchange for SectIon of the RecreatIOn Open Space 9-acre Parcel B from Ramsey County III the Development GUldelPolIcy Plan and Tamarack sectIon of Bald Eagle-Otter Lake approval by the LegIslatIVe CommISSIon on . Page 2 March, 1998 METRO D 16ES 'I' . Mmnesota Resources of an amendment to purchase GF1 fareboxes, farebox equipment the 1996 State bond appropnatIon that and TRIM umts - provIded GF1 makes the partIally fmanced Grant SG-96-24; and umts Year 2000 compatIble at no expense to amended appropriate sectIons of regIOnal the MetropolItan CouncIl. recreatIon open space capItal Improvement programs to reflect the grant reallocatIons . concurred WIt~ the TransportatIon AdVISOry stated above. Board's recommendatIon to amend the 1998-2000 TransportatIon Improvement . adopted the Fmal Statement of Findings and Program to prOVIde removal and ConclusIOns relatIng to the reVISIOns to the replacement of Bndge #3464 on CSAH 16. Finance Section of the Recreation Open Space Development GUlde/PolIcy Plan; and . authonzed Its RegIOnal AdmmIstrator to adopted a resolution adoptIng those negotIate and execute contract amendments reVISIons. for Metro MobIlIty Demand Contract Nos. C-97-20 and C-97-29 WIth HandIcabs, Inc. TransDortation and Laidlaw TranSit Semces, Inc., respectIvely, as authonzed by Paragraph . concurred WIth the Transportation AdVISOry 6.02 of each contract. Board's recommendation for roadway functIonal claSSIficatIons m Anoka and . authonzed Its RegIOnal Admmistrator to Washington CountIes. negotiate and execute a grant with DARTS . m an amount not to exceed $40,000, . authonzed Its RegIOnal Admmistrator to contIngent upon DARTS receIving a grant enter into an interagency agreement with from the St. Paul FoundatIon for $95,000. Mn/DOT to fund bus-only shoulders on 1- 35W between 1-694 and County Road I in . authorized its Regional AdminIstrator to an amount not to exceed $170,000; enter execute a noncompetItIve negotiated into an interagency agreement WIth procurement contract WIth the GIllig Mn/DOT to fund bus-only shoulders and a CorporatIon for the purchase of 67 forty- bus-only ramp on 1-35W between 4th Street foot tranSIt buses as speCIfied m the origmal S.E. and Trunk Highway 280 m an amount contract No. 94-014-018; amended the not to exceed $250,000; and approved the Metro Transit element of the Council's constructIon of a bus-only ramp (SP 2783- 1998 CapItal Program (multI-year capItal 98 and SP 2783-99) onto 1-35W west of program authonzatIons) by $17,500,000 New Brighton Blvd. as prOVIded for in state from $122,521,056 to $140,021,056; and law (MS 473.167, Subd. 1). amended the Metro TransIt element of the CounCIl's 1998 Capital Budget (projected . authonzed the Metro TranSIt General annual capital expenditures) by $3,100,000 Manager to proceed WIth a TranSIt from $85,504,527 to $88,604,527. Development Workshop. . authorized ItS Regional Admullstrator to . authonzed Its RegIonal AdmmIstrator to enter mto an interagency agreement WIth the execute a sole source procurement WIth GFI Mmnesota Department of Transportation to and expend an amount not to exceed fund the reconstructIOn and WidenIng of . $71,824 of available capital fundmg to bus-only shoulders on 1-35E between Page 3 March, 1998 METRO DI6ES'T HIghway 36 and Cayuga bndge m an amount not to exceed $325,000 · authonzed Its RegIOnal AdnunIstrator to enter mto a contract WIth the SRF Consultmg Group, Inc. for the desIgn of a smgle level parkmg structure and dIrect hIghway access lane for buses onto HIghway 610 at the SIte of the eXIstmg Foley Park and RIde m an amount not to exceed $440,000 The Council also' · approved an appomtment to the Transportanon AccessIbIlIty AdVISOry CommIttee. . authonzed the General Counsel to execute a legal servIces agreement WIth Faegre & Benson LLP which contams conflIct of . mterest prOVISIOnS substantIally sImIlar to those presented to the LItIganon ReVIew SpecIal CommIttee on March 16, 1998 New Publications CouncIl pubhcatIOns are avaIlable from the CouncIl's Regional Data Center For a free and complete hst ofpubhcatIOns, \VTIte the Metropohtan CouncIl Data Center, 230 E FIfth St., St. Paul,:MN 55101, or call 602-1140 E-maIl address IS data.center@metc.state.rnn.us. There IS a charge for some pubhcatIOns The bI-monthly Council Directions newsletter proVIdes mformatIOn on regIOnal Issues and CouncIl Programs. If you WIsh to receIve a copy of Council Directiolls, call Dawn Hoffner at 602- 1447. Metropolitan Commission Activities . Metropolitan Airports Commission Metropolitan Airports ComrmsslOn offices are located at 6040 28th Av S, Minneapolis, MN 55450 For more mformatlon, call Lynn Sorensen at 726-8186 The Commission: · held a pubhc heanng on March 3, 1998, regardmg acqUIsitIon of property adjacent to Flymg Cloud AIrport. The heanng record remamed open untIl March 6, 1998 · approved the SCOpIng DeCISIOn Document for expanSIOn at Flymg Cloud AIrport. Subsequent to acceptance of thIS document, staff was authonzed to prepare a Draft EnVIronmental Impact Statement for the proposed Flymg Cloud AIrport development projects Page 4 . authorized staff to purchase Management InformatIOn ServIces through the Mmnesota Department of AdmInIstratIOn, Intertech Master Contracts DIVISion. . awarded SIX contracts to the lowest responsIble bIdders for the CommIssion's Part 150 Sound Abatement Program ThIS project Involves the InsulatIon of 78 homes Metropolitan Parks & Open Space Commission (MP&OSC) Metropolitan Parks & Open Space Commission offices are located at Mears Park Centre, 230 E Fifth 5t,5t Paul, 55101 For more mformatlon, call Ellie Porter at 602-1312. . recommended that the Metropohtan CouncIl adopt reVISIOns to the Fmance SectIon of the RecreatIOn Open Space . March, 1998 METRO DI6EST' . Development GUlde/PolIcy Plan as reported on page 3 of tlus publIcatlOn. . recommended that the MetropolItan CouncIl reallocate $300,000 from Dakota County RegIonal Park AcquIsItion Grants for Phase 2 development of the MISSissippi RIver ReglOnal Trail in South St. Paul as reported on page 2 of thiS publIcation. . recommended that the Metropolitan CouncIl reallocate $2,962 from closed out Ramsey County Grants for Battle Creek Trail ISTEA match as reported on page 2 of tlus publIcation. Metropolitan Sports Facilities Commission (MSFC) . Metropolitan Sports FacIlItIes COmmISSIOn offices are located at 900 South 5th St, MmneapolIs, MN 55415 For more mformatIon, caJl Nancy MatoWItz at 335- 3310. The Commission: . approved $15,000 to help sponsor a band on the Plaza for opemng day of the 1998 Mmnesota Twms baseball season. . approved purchase of matenals and servIces from BIrdaIr for a sum not to exceed $90,000 for the 1998 Roof Fabnc Closures ProJect. . approved plans and speCIfications for the 1998 SIgnage AddItion Project. . approved plans and speCIfications for the 1998 Fuel all Tank Replacement. . approved plans and speCIfications for the 1998 X-Ray Room. . . approved plans and specIfications for the 1998 Sound System Project WIth the Page 5 caveat that legal counsel and experts mvestIgate a recourse before any upgrades are made . authonzed the ChaIr and ExecutIve Drrector to execute an agreement WIth the Midwest Sports Channel. . approved renewal of the CommissIOn's Property/LIabIhty Insurance WIth the mcumbent msurers and agents for the polIcy year Apnll, 1998-1999, WIth the follOWIng exceptions substitute AllIanz Insurance Company m place of its SIster company, Frreman's Fund, as the CommIsslOn's Property/BoIler & Machmery msurer; and renew the Property/BoIler & MachInery msurance on a one-year baSIS, rather than accept the multi-year term proposal offered as an altematIve by Alhanz. March, 1998 AP~ 10 '92 0g'a4AM LEAG~E OF MN CITIES AMM FA NEW P 1 IDaIe 4 j J(} Ita8'ss. I IF~ fW1tv~ ICo I Photw ~ IFax r -=- AHociation of Metropolitan Municipalitiei . pgst-ir Fax Note 7671 To April 6-10, 1998 (no. 2) I., I, PhonU 4 3D .- 88 {)q FaA II Y3[1~ II I, I, I ,,,. 01 "I : I .., III I, ,I, I "III 10 I II I ,.,. Minnesota lawmakers wrap up their work The Minnesota Legislature is expected to wrap up Its work this evening (April 9). However, agreement has already been reached on severa: pieces of key legislation. The Tax Conference Commi1- tee appro'/ed a $10.0 Mllhon appropnatlon for the preserva- tion of housing developments that could convert from 5ubsl- dlZed housmg to market rate ~ouslng The appropriation wa3 origi- nally in the Omnibus Housing and Commu:1lty Development 8111, but was 'ietoed It is now part of the tax bill. The tax bill also includes an amendment that permits the city of Minnetonka to assist In the preservation of.a development in the city. TAX INCREMENT FINANCINC The Tax Conference Commit- AMY f3J /f(fIf if /iJed puiPd/(j//f tv ill JII!f (/;r 11lJ1f/9T JnhtimillitmlJrl. TAt in(fJI'Cliit!pli f, iDre'!l/td lV bt fl!4rfJI IfffIJ ma,'l' ~rf. (Ouool 3fJ1! jtdf/d drrltr to Kftp d/Ji(/~!f aDreJlr (If /JlJjDmlll !!K/rfJ at! Iffi'ff. @UPf;ff1tt 199! HIt/I 14f !ft7IYtrJ!/f ArrtJUt W ff PJlII, If/! JJlOj'2044 fdfpMnf'11i"4()(lO m: 21MH D71Jif ;mm,f)J1i7.'lf14JD/'f tee agreed to several Special laws that permit nine cities to either establish or modify existing districts. The districts are generally exempt from such general law prOVISions as poolrng or the five- year rule. Among the crt:es receiVing a speCial law are' Burnsvllle, West 51. Paul, Golden Valley, Mil1i1e- apolr!, Deephaven and Brooklyn Center. The confere.,ce committee also agreed to the reporti'lg language that extends the reporting penod and imposes 2 sanction for late reports, and a proVision that allows a city to establish a speCial tax d,stnct to help WIth shortfalls in TIF needed to pay debt service or c~ntract5 LEVY LIMITS Levy limits remain in effect for 1999, even tllOUgh the Senate Tax conferees made several valiant efforts for repeal. The governor and House speaker flad been adamant that levy limits be extended through 2000 and the onglnal House Tax Bill extended through 2002 Therefore, status quo of one more year as passed in 1997 doesn't look tOO oad The levy limit base for taxes pa~-able In 1999 will include a percentage '1crease for new ell growth, as well as hou~ehold and inflation grov.:th Ir: additIon. the current base Will be Increased by the pervIous year's new C11 growth. thus making the base for 1999 levy limits larger. CLASS RATES Class rates were reduced for most property types but a larger percentage for CII and rental property The tax bIll contains $427 mll1lon ~f property tax r~llef, much of which IS Intended to offset tax shifts onto homeowners. A breakdcwn of the class rates is listed below PROPOSED CLASS RATES I 19913 19S9 Home3t <$75.000 1% 1% Home$t. >$75.000 1 85 1 7 1 Unit Rental <$75,000 1 9 1 25 1 UmtRentaJ >$75.000 21 1.7 2.3 Unit Rental 2 1 1 i 4+ Unit Rental 2.9 2 ~ CII<$150.000 27 245 CII >$150,000& UtilitY 4 35 Cabins <$75,OOC 1.4 1 25 I Cabins >$75.000 2,$ 2 Z TRANSPORTATION There IS nc major general Il"Icrease for highways or transit However, the tax bill contams $325 million for metro transit capital (buses ard faci\itie~) Tne bo'1dmg bill has $34 million for local bridges, plus $40 million for the Hiawatha LRT corrrdor and $6 5 mil!icn for other metro tranSIt ccrridor studiesc . . 1. 2. 3. 9:00 9:00 4. 9:15 5. 9:25 6. 9:30 7. 9:40 10:10 9. 10. 11. 10.30 12. 10:30 to 10:50 WASHINGTON COUNTY COUNTY BOARD AGENDA Dennis C Hegberg Dlstnct 1/Cha.r Mary Hauser Distnct 2 Wally Abrahamson Oistnct 3 APRIL 14, 1998,9:00 A.M. Roll Call Myra Peterson Distnct 4 Dave Engstrom Dlstnct 5 Consent Calendar Auditor- Treasurer's Office - R.H. Stafford, AudItor-Treasurer RejectIOn of Bids for Precinct County Optical Scan Voting System Surveyor's Office - L. Nybeck, Surveyor Update on County's Parcel Base Mapping Health, Environment and Land Management Department - M. McGlothlin, DIrector Amendment to Joint Powers Agreement of the Solid Waste Management Coordinatmg Board Public Works Department - D. Wisniewski, Director Terminate Refuse Hauling Contract with United Waste Systems of Minnesota General Administration - 1. Schug, County AdmInIstrator A. Reappomtment of County Engmeer B. South Washington Watershed District Appomtments C. Report on the 1998 SessIOn of the Minnesota State Legislature Discussion from the Audience VISitOrs may share their concerns with the County Board of CommISSioners on any Item not on the agenda The ChOIr Will direct the County AdminIStrator to prepare responses to your concerns You are encouraged not to be repetitIOus of prevIOus speakers and to limit your address to five minutes Commissioner Reports - Comments - Questions This peT/od of time shall be used by the CommiSSIOners to report to the full Board on committee activities, make comments on matters oflnterest and informatIOn, or raise questIOns to the staff ThIs action IS not Intended to result In substantIve board action during thIS time Any action necessary because of dISCUSSIOn Will be scheduled for a future board meeting Board Correspondence Adjourn Board Workshop with Court Services Department - Room 100A Supervising Low RIsk Offenders VIa Automated Reporting System *********************************************************** Date Apnl14 Apnl14 pnl 16 pnl 16 Apnl 16 Apnl 16 MEETING NOTICES Committee Mental Health AdVISOry Housmg and Redevelopment Authonty MetropolItan TransportatIon AdVISOry Board Workforce CouncIl MELSA Parks and Open Space CommiSSIOn Time 400pm 5 30 p m. 2'00 p m 8'00 a.m 12 00 P m 7 00 P m Location Chnst Lutheran Church - Lake Elmo Washmgton County Government Center 230 E 5th St - Mears Park Centre Washmgton County Government Center 570 Asbury St - St Paul Washmgton County Government Center Assls/lve Ilstenmg deVIces are available for use m the County Board Room If you need assistance due to disability or language barner, please call 430-6000 (TOO 439-32201 EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * APRIL 14, 1998 The followmg Items are presented for Board approvaVadoptIon .' DEPARTMENT/AGENCY ITEM AudItor- Treasurer A Approval of temporary on sale lIquor lIcense for WhIte Bear Montesson to be held at Withrow Ballroom on Apnl 18, 1998 B Approval of resolutIon, authonzatIOn to conduct excluded bmgo applIcatIOn from ScandIa-Manne LIOns, to be used at Washmgton County FaIrgrounds, Baytown TownshIP C Approval of resolution, authonzatIOn for repurchase oftax-forfeIted land by Dell V Dahn, former owner. D Approval of abatement applIcatIOns for homestead classIfi.catIOn, exempt class, penaltIes, disaster credIts and value changes. Commumty ServIces E Approval of agreement with East Suburban Resources to prOVIde Job coach traIning to local employers through the MCKnIght Grant endmg December 3 1, 1999. F Approval of host county contract WIth On-Belay to proVIde chemIcal health services at Anthony LOUIS Center, Cottage Grove G Approval to proclaIm Apnl as ChIld Abuse PreventIOn Month . H Approval to accept $176,400 for adolescents WIth SED and VIOlent behaVIor on behalf of the Children's Mental Health CollaboratIve PublIc Works I Approval to advertise for SIgnS to be used for traffic regulatIOn on County roads. J Approval to advertIse for bids for sale for the buIlding and land currently used for the Forest Lake LIcense Center K Approval of resolution, acqUIre Humphrey property at 14932/14944 North 60th Street m Oak Park HeIghts. L Approval and executIOn of settlement and release agreement WIth ScandIa Enterpnses for stanway replacement. M Approval to advertise for bids for seasonal matenals and services for road mamtenance. N Approval to purchase one (2) GMC, Model C7500 cab and chasIs trucks needed for 1998 through the State of Mmnesota bid per cooperatIve purchasmg agreement. . Recorder o Approval of the plat ofNlcanna Hills, Stillwater Township *Consent Calendar Items are generally defined as Items of routme busmess, not requlflng diSCUSSion, and appro\ ed In one \ ote CommiSSioners may elect to pull a Consent Calendar Item(s) for diSCUSSion and/or separate actIOn 1. 2. 3. 9'00 9:00 4. 9:15 5. 9.35 6 10:05 . 10:35 8 9 10 11 11 :00 12:00 WASHINGTON COUNTY COUNTY BOARD AGENDA Dennis C Hegberg Dlstnct 1/Chalr Mary Hauser DIstrict 2 Welly Abrahamson Dlstnct 3 Myra Peterson Dlstnct 4 APRIL 21, 1998, 9:00 A.M. Roll Call Dave Engstrom Dlstnct 5 Consent Calendar General Administration - J. Schug, County Administrator A Set a Public HearIng Date on Surface Use of Sylvan Lake Ordmance B. NatIOnal County Government Week - Apnl19 - 25, 1998 Public Works Department - D. WIsniewski, DIrector A. Erosion Concerns Along CSAH 7 Near Square Lake and PossIble State Funds B. All-Way Stop at the Intersection of Neal Avenue and Hudson Road South in Afton Health, Environment and Land Management Department - M. McGlothlm, DIrector Set Public HearIng Date on Youth Access to Tobacco Ordmance The Trust for Public Land - Cordelia Pierson, Senior Project Associate Results of PublIc OpInion Survey Conducted by Ridder/Braden, Inc. - RIck Ridder Discussion from the Audience Visitors may share their concerns with the County Board of CommISSioners on any Item not on the agenda The Chazr Will direct the County Administrator to prepare responses to your concerns You are encouraged not to be repetztlOus of prevIOus speakers and to limIt your address to five minutes Commissioner Reports - Comments - Questions This period of time shall be used by the CommiSSioners to report to the full Board on committee actlvltZes, make comments on matters of Interest and information, or raISe questIOns to the staff This action IS not Intended to result In substantzve board actzon during thiS tzme Any actIOn necessary because of diSCUSSIOn Will be scheduled for a future board meeting Board Correspondence Adjourn County Board & Department Head Retreat - Katherine Abbott Center, Mahtomedi Proposed OrganIzatIOnal Restructuring *********************************************************** Date Apnl 21 ~n121 122 pnl22 Apnl 23 Apnl 23 MEETING NOTICES Committee Time Location PublIc Health AdVISOry Comrmttee Hlstonc Courthouse AdVISOry CounCIl MetropolItan MosqUIto Control ComrmssIOn SolId Waste Management Coordmatmg Board Commumty CorrectIOns Metro TAB 5 30 P m 700pm 900am 1030 a.m 7 30 a m 1230 P m Washmgton County Government Center 101 W Pme - StIllwater 2099 Umverslty Ave W - St Paul 2099 Umverslty Ave W - St Paul Washmgton County Government Center 230 E 5th Street - Mears Park Centre AsslstNe Ilstenmg deVices are avatlable for use m the County Board Room If you need assistance due to dlsablltty or language barner, please call 430-6000 {TOO 439-32201 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * APRIL 21, 1998 The followmg Items are presented for Board approval/adoptIOn: . DEPARTMENT/AGENCY ITEM AdmmIstratIOn A. Approval of the Apnl 7, 1998 Board meetIng mInutes Audltor- Treasurer B Approval of resolutIOn, exemptIOn from lawful gamblmg lIcense from the Amencan Heart AssociatIOn, MInnesota AffilIate, to be used at VannellI's on the Green, Forest Lake C Approval of abatement applIcatIOns for homestead claSSIficatIOns, value correctIon and specIal assessments, Commumty ServIces D Approval of the 1998 cooperatIve agreement wIth the Washmgton County Attorney for Title IV-D. PublIc Works E Approval of Amendment No 6 to the amended agreement dated July 27, 1993, and numbered PWF-1993-315 wIth LagerqUIst Elevator Company. F Approval and executIOn of the cooperatIve agreement for constructIOn and the traffic signal maintenance agreement wIth the CIty of Oakdale for the InstallatIOn of traffic SIgnals on 10th Street at Gershwm Avenue and Greenway A venue; authorizatIOn to advertIse for bIds. Approval of resolutIOn, concurrence wIth bid award of the CIty o. Woodbury for utIlity and road Improvements on CSAH 25 (Century A venue) G. *Consent Calendar Items are generally defined as Items of rout me bus mess, not requmng diSCUSSIOn, and approve. one vote CommiSSIOners may elect to pull a Consent Calendar Item(s) for diSCUSSIOn and/or separate actIOn APR 17 '98 11:13AM LEAGUE OF MN CITIES . LMC r-,... 0/ Mr-. em., Cifi<u ~--'-- I P.l FRIDAyFAX A weekly JegisJativfJ updat9 from the League of Minnesota Cities Vol. 3, No. 16 April 17, 1998 Special session announced . Barely a week after the end of the 1998 regular legislative session, the governor called a special session for Monday to discuss several issues that were unresolved during the 1998 regular session. The main issue re- lates to a bin that died dunng the regu- lar session that would have clarified state law to allow busInesses to sue other businesses fa'fraud in disputed transactions under Mnnesota's Un;.. form Commercial Code. The bill is in- tended to address ambiguity in state law that has surrounded the Marv.n Windows COrpora1lon lawsuit against another COOlparly. The other issues that will likely re- ceive legislative consideration are funding for child abuse prevention, early childhood andfamiy education, funding fcreconomicdevelopment projects, and $5 m~lion foraffordabJe housing. During the regular session, the governor vetoed the omnibus tam- Uy and early childhood education pr0- grams supplemental~ bill and the omnibus ,pbs. housing and economIC development bII that had in- cluded funding for housing. The rpI- emor has reportedly agreed to con- sider a se<Xlnd bill that could addre5$ the housing issue. Once the special session is con- vened, the Legislature can technically introduce and pass legislation on any issue. However, the governor and leg.. lsIa1ive leaders have apparently woOOld out a compromise that in- eludes the Marvin Windows bll, and a bill that Indudes no more than $12 million in appropriations for other chIldhood and houslng Issues. The balance of the legislation from the 1998 regular session has not been acted on by the governor. He has until April 27 to decide whether to sign or veto all bills passed during the last three days of the session. In~ eluded in those bIlls are the omnibus tax bilt, the bonding bill, and the K-12 education fi'lance bill. He can also line-ltem veto specific items of appro- priation from bills. Most notably, this could affect the outcome of the bOnd- ingbill. +. ~J&:' "Dangeruus 1oCs" "Unicameral Le;sIIbn" "Reverse Referembn" "Elected Met c..ar "BanDiIg local GoYemnent LeWJyisb" Ever wOrlder wbt lul'Pefted to the hundrC!ds ofbilli procC3$td through the ~c hopper thlS saslQn? We've got the :m~w<:::s to the3<: and other bills d<:ccing our citic;$ ;md cornml1ll1t1a. The: I.MC Intergovemmc:nt:l RelatlolU staff' wUl hold five legi~btin revieW scssiom on .....pril24. and Apnl 27-30 to help city officials ~eed thl'Qugh me outcomes ofthc 1998l.egulatlll"t. ....lIaIitalli_ Registration WlU b.!pn at 3:30 p.m., mc:cnngs will bepn prompdy at 4 p.m. and end at 6 p.m. Rcg1$tnQon fOf tbe Apnl 24 meetmg at the League BuLldll1\S will $Cart at R 3.m ; the meetln& b from 8:30 to 11.30 a.l)l, 1. Frio-y. April ~4 In the 1st floor 5t Crouc: Room at the League 13ui1dm~)Jl Sf Paul, 145 Univ=ty Avenue Thil w1Il be a JOInt DlCCtlnlll\l1th the AooclaUon of Metropolitan MuniC1~ (AMM). 2 MODdllY, Apri127 ll1 Roch~ter U the Olmstcd County/City ofRoc~ Government Cc:nt~, 20t ..lh Str~t SE The meeting will be In the: City CouIlciJ chambc:r/boatd room (enter by the nuddl<: door of thd building bl;tWeen CI~ Hall 2nd the Counry building) 3 Tuesday, April 18 In Montevitko Gt the HOte! Hunt, '),07 No Fusr St. 4 WedundaYt April Z9 in Detroit L~~ al lhe Holitby Inll, HJShway 10 East. 5. Thundey, AprU 30 In H1bbmg at the Hibbinll ~ Hotel, 1102 E. Howxd (comer of Howard and U,S, 169) Thu meeang is in COn.)UlIctJcm With the RAMS board meeting At 6:30 P m. RAMS wiD hold a Wtcuuion of r;ablc COmmUl;!("ntlon In tbe future of te!ccommumatJon In northeast Mumcsoca. ReglStratiorl IS $10, advtllce payment J$ not lcquued but stating u \muted. To rteClve a reglSWtion Conn, c:.ill the LMC f.tx hbu..")' at (612) 215-4039 and rcqUl:'t document 64030. PIC3~ conact Mary Oledrich:lt (612) 281-1259 Of Dom Mlru..,yll'h at (612) 281-1261 if}ou ha~'e any questions. . For IMN ilfpmadon on cdy kgMatlvl/ /$$un, conUct QIIJI ",t~r oftu Lelll.t (If Vin"esoiu Cltin Iltk"'8f1rer"",ttUlll ReiDtion~ ttu"'. . . . a.-:21-9? := 19PM. USDI-f'.JPS ,715 4.83 3288 It 2 NATIONAL PARK SERVICE For Immediate Release Contact: John Daugherty (715) 483-3284 Extension 628 NATIONAL PARK SERVICE OFFICIALS REACT TO JUDGE'S RULING AGAINST NEW BRIDGE OVER ST. CROIX RIVER National Park Service officials (NPS), after reviewing Judge Ann D. Montgomery's opinion and order, expressed satisfaction with her decision. st. Croix National Scenic Riverway Superintendent Anthony L. Andersen observed that "Judge Montgomery upheld our position on virtually all points relevant to the suit. We are pleased that our ability and authority to protect the river was affirmed." William W. Schenk, NPS Midwest Regional Director said, "while the judge's decision vindicates our position, protecting the values of the st. Croix River is the most important result of the decision froll our perspective. II The Lower st. croix National Scenic Riverway was added to the Wild and Scenic River System in 1972 in recognition of its nationally significant scenic and recreational values. The NPS conducted an evaluation of the proposed bridge at Oak Park Heights, Minnesota, as a water resources project in 1996, and recommended that no federal permits be issued for the project. In response, the Minnesota Department of Transportation (MOOT) filed a cross-claim suit against the NPS. Andersen ellphasized that the NPS had informed MDOT that Section 7 of the wild and Scenic Rivers Act applied to a new bridge early and consistently in the planning process. The court agreed, concluding that the record demonstrated that "MOOT was informed as early as 1988 that Section 7 would most likely be applied to the Proposed Bridge and yet chose, at its own peril, to forge ahead with plans for the Project's construction without obtaining NPS approval." While Schenk expressed disappointment at MOOT's decision to appeal Judge Montgomery's decision, "we are still willing to work with interested parties to resolve transportation needs while protecting the values of the Lower st. croix River." *** MORE *** Editors Advsisory: A copy of the judge's opinion and order may be obtained by calling John Daugherty at (715) 483-3284, ext 628, or writing to st. croix National Scenic Riverway, P. O. Box 708, st. croix Falls, WI, 54024. . ., . ~ ...~ ,'" 'I ~lwTOT D=p COfTIm. Of: _ Fax:612-297-4795 Fpr 21 '98 7 58 P.04/04 ~ ' MINNESOTA O'EPARTMENT OF TRANSPORTATION t<tl<NewsRelease' .i" " Date: April 21, 1998 For Immediate Release , .. Contact' &b McFarlm " . Director, Public MflPrs, MriIOOT ' . ({)12)Z96-0369' , I - (612) 6404505 '(page) I' , L \~, - - ~ _I '/ J, \. NATION'S DOTs JOIN ~'T'lES'O~A"AND"WJSC'ONSIN IN, UR.GING r '"I i I .. CONGRESS TO ADDRESS WILD AND SCENIC RIVER ISSUES , .'. ~ ~ , I ~ ' \ ST. PAUL" Mi~'..~ Tbe'nation's,state deparmlents oftmnsPortation~\le unanimou"ly Joined"Minnesota and Wisc~ in urging QmWe~ to immedt~ty clarity national ttan8I)(>rt&tion policy on federal agency jurisdiction over bridges sPamUn8 fedefany desi~ "wild and scenic" . . ~ '" ," ,~ ',' J I _ I .. ~ ~ .. ,} _, I .,. . - , rIvers. -' - " -, , ' ",' , I I _ ~ ~ t ~ The call by the ~ates is in, ~spomc: to an April 13 otling' by U. S. ,Di.!tri<:t Court Judge ~n Montgomery upbolding actioo~ by the National Park ~rvice to block' comtruction of the prOl>osed St. Croix River Brid~ec~ S~llWatert Minnesota and Houlton, Wisconmn. 'The judge's j.. ~ .I I ~ I ruling has immediate:aJ1d senoos nalionat ~1ky i~piicationS f~f 35 ~iher:states with t:ivcr.! , designated "wild arid RCcnic.'.., ,< ' ~ :': " " '" I '~I' ~ j , ,... t At the Americ~ A8soCi~tioo of State' Highway ~nd Transportati~nOfflcials' (AASHTO) spring meetl~g in Ba1tirhOI:e;'~pfesentative'~ of fifty 'state DOTs. the District of Columbia and Pueno Rico unanimously,approv"Cd a leSoiution ~pportiOg M~~tit and Wi~onsm i~ theil , \ ' ~ \ I ~ \ , .. I {" I ~ ~ " 11 - ~ , dispute with the NatiOnal Park'service. The resOlution states:' ,"., " ' " :' ,,' > , :.' .' '. ~-'.. "', ~" ,> ~. " , . " . . . the American AssoClBtion of'State Highway arid Transporta1ion Offici81s lltroIWY disagrees wi~h the ruling of ~ District COOrt and opposes the- action taken by the :National Park Service lodeclare bndges tobe water'resoutceS projects SUbject ll;} review underthe Wild ~nd SCenic Rivers Act; and further regards sUch action as a usorpation of authority , not spec'if'ically designated bythe'Congress; and ' '. ". ' I ". .,,' , I { ',~ ~, . , , ~"'" .. , . ". . (AASHTO) flrKfs tbis is~e to l,e'f;)( critical tm~e to natIOnal bansportatronpolicy. and urges Congres.,to ta~ i_diate actiort to' reaffirm itsoriginal intent that bridges do , no~ constitute water ~un;espr()jeCts.underthe Wild and Scenic Rivers Actand'as such are oot subject'to an,. 8eparate' cnviro'nm.,htal review and approval by'the Depanment of jhe Interior and the Na11cna~ Park Service... .. , " ," " . -' y " " . , :, , : \ ~ _~, ~, r I '\, , \ I ~ I , The AASHTO,fesohitiOn will be forwarded to Congres.'l. For more Information on the re solution, ~ontaci AAS~(lE~ecl1iiv~ Di~tor ~is FranCoiS at, tJ,e 'AAS!ffO conference headquaners (4121/9& only), Marion' Hotel in, Baltim~. 410-962-0202. ~SHfO offices in Washington, D.C. c~n bereacllC~dbv c~riing:202-624-5800. "~. , ,- '.';~, I , I ~ I'" \/" r~'~JI." ~ J I ; r'''''''''''''''', rOl)' I" 395 John Ireland Boulevon:t St. Paul, MN'55155,,{612} 296~3000 , ,,',,- "'" "~' ,;', ,I~:".J,'''';\':+:';'''':'''~ ,L ~.',,' .>" ~~,,:....,,:, " , " I \ ! ' , ' , , I 't ." \ \..\ /- ., Apr 21 '98 7,55 P.01/04 ~ ',MlNNESOTA DEPARTMENT,Q'F TRAN~PORTATJON, ((t). . N~ws . Release · '. Mn /COT D:p CO,nm. Of:. Fax:612-297-4-;'95 Date: Apri121, 1998 , ' Cootact: Bob McFadin, " DirectOr. PobI~ Affairs, Mn/DOT (612) 296-0369 (612) 6404S0S'(page) '(612) 936-77~ (home) .!,' , For Immedlatt~ ~elease ' I I .1, ,: I ,-1 \1,' " " ' . , i ' . MINNESOTA AND WISCO~SIN.GOVERNORS ANNOUNCE STEPS TO RESOLVE ST. CRoix RIVER'BRIJ;>GE DISPUTE , ' , i " " I ST. PAUl:; Miriri:. :'.MinneSot8 oO.Jemor Ame'Carlson and Wi~onsin'Govemor Tommy Thompso~ todar ~ounced:~tep! the two StateR will talce to try to resolve the dispute over the pl~ed'St~ Croix River Bridge be~eCn StiUwater't MirineSota and , Houlton, WiscOns~n. On April 13,' 1998, U:S.' QistriCt Cowt Judg~ Ann Montgomery ") -' ' ruled agaInst the tWo sratesand sided,withtbe :National Park Service in blocking' "I' .' ",., " ' , , conlltruction of t~ proposed bridge.'" , . ' .,' ., 'r' I I 1 "The St. C~otx Yalley'regi~~ js fa~jng growing tran.'1portation needs that must be addressed qUlcIdy;" Go~etnoiCarlson' said. "Oeafly; at\'altenmtive must be found to the existing 67 yc:ar..old lift ~rfd8e' Or the Citj.' of,Stirlwater and the e~ regiOn 'will suffer I r ~ . I ... J' "'I. ~ ' 4' gteat ecbnomic and ~t1VironIDentaJ hardShivdUe- to cliokiRa ttaifac collio5tiOn. and , . , , , \ I I"') ,I ~ ~ I ' I worsening air 'pol~~\ion.. The steps we are announcing today offer the be!!. chanCe to reac~ , ( ,< L r ' a quick resolution ~o this disPute. ": - , - ," ".' "'"'> ,~, :' "" " , I I \ I; , I I', ~! ,- , First, the states Will initiate\aisCus.~loRS witQ the official parties in the dispute to . di ~uss what optio~ ate ~vai!aole fOf'a negotiated reSolution aoo to bear from~the N~tional . ~. .' ~ < ~,( ~ , I Park Service on what tyPe; of bridge or' other tranrq>ortatioo sofution it 'would ac,cept ~ I of' ~ 1 t ~ I \ I ' "We believe ii.is~erY important for all the parties to have a realistic understanding ., \, ,t' r of what1the option~ are for disCl1s.~ing ~ltemative~ to the proposedbrldge," said Governor . Carlson. "M~teo~erf bCf~re ~y, alternatives can he'di~ssed, the National Park Se~lce I ,; t' , I ' I ( r -.... r, I < J ' I must ten the state, what i~ is'wiUing t&8ccept in terms ora sohtttonto the region's ,~ "I 'I"~"" ...".11 > L I\~' I ,.,' ~ ~ tran~rtatlOpneeds. _" -,,' , . , , . " . . " "I ' 'l I....' ., . ", . I I r I. ." . \ Secondt" the states will ~ Congres.cf to'add'tess the national'trallSp9rtatiOn policy , 1 ~ '/' , ' ,> . \ f l' ' implications, of th~judie '5 rulIng in pending legiSlation to reauthoriie the fedC~l, '. ~ntennodal, S~Tra~ TransPortation Efficie~ Act (lSTEA).' Judge Mofltgornery' s ruling was ba~d on an h1terpretalionofCongress' intent in thC 1963 federal Wild and 'Scenic ' Rivers Act re'gardirlg 'which federal agency ~td ha~~ ~ri:tdktion Qver,bridges ~~'Jing )', ,I' " , , . 395 John lrelond BOtilevard"St.Pciul, MN 551;55, (o'lZ) 296-~OOO :' \ d";~~<~ (:,'1'" -;: , , I (...,. . ~ ~ ,'"" \ I I \ ~ J r ~I: \J "! .. I .' I ,: ,-.,...' \ '{ j I > , ' r 1 \. . ' , . .. ,,,.. '*M," J' 1 1 \ I" , , i' , ,., '\ " I : . 1 I. , , , I " , I , I I' I, I I i , I I i , . I' 1 _1/ . ',.. ~1n/COT Dep Conn. 0+::. Fa)(.612-297-4795 j ~ , - - ~, ; '" .. (.56 P.03/04 Apr 21 '98 -! ' \. " I ~ ~ I , " , , ~ ~ ' I' . ' , ,~, I r' ' '. ) , , I ~ : \ ... . I \, : , , , , , , , . "A ",' , '. , ' ), 'f MNlWI News Re~~ 'St.' croix Briqe: , " , ~ 4121198 'Pi- ,2 : '" ", :", ::" ," , ,~~ '~'.~~j- 1 " \ ~,' I I ~ i, r "I! : \ . I I .. , #,. I.... \ " ,'" r \ I _ I \ designated rivets. J~O~; the effect, of the ruling is that stateS ~ rely on ,final federal approv~ ,of transPoitati~ projects Under federal em'iroDmental I8wfor ~'of " ~ " f t ..., ,. .. ' _ ~ \ ~ another federal apncy utJiJate'rally ~jectina that apprOval months or years later. Th:l judge's ruUn& fW inmi~le tUu1 seriOurr~tional policy impUcetiom for 35 other states with riverSdesiantted ';~ildand ~:"." , , ' ' , ',_ _ " "Given ~ Judge ,MontgomerY's werpretanon of CQogreSS' intent has such broad national impact$, We thin;k it is,impOrtantand app~priate that' ~gress either ~ject or affirm that interpretltiOD~ ~ Governor ThOmPson said.: ~'W e fully expect and hOpe that states . l. t. \ . I' , across the' Countiy': will join' us'in a.UiitJ cOngress to addles., thi! ~'m the lSTEA ' , , I, J I \' . ".' I ~ t I I ~ '~ ' .. I ' I I ' legislationinthe~'fo~Weeh,~: " :". . I'.: " _ " ",.' '. ' .Third; ~ 8iates,~l qnd~rtake stepsnec'eaLl'Y to'appeal k~ Montgomery'1I ~ f:; , . ~... J . mling to the EigbCt circuh Court of APPe8fs in St.' Pwl.. . -) ..: ' , , ''We a~ still vel)' c~Dtthat oUr iegat ~nts ~ning cOnstruction of the' proposecibrid~'~ so~Kfand' faCtU~.,"~GoYeni(',r Carlson said., '7ms is the ftrsiand only I ,I' i , ',1" I" ' court decision on the issuC cfwbo has'jurisdiction over web bridges, and given the' serious ~ \ i , }'" . ,', .. ' ~ ~ ~ ,. , ", I ,,' ' lmpacts 00 Mirmesota. Wiscormn and st8teSaa'OSS the country, we StronJly believe. the , . ' ,"'oJ I , I , decision should be give~~Very tborough legal rem:w. FarthetmOre, with the legal woric th8t has ~ ~ to~!e. and,~'dte. appeals court loc8ted in St: 'Paul tbe-cOsu 'Of 8pPeabrevetyminimat;..,,:- ","' ", ' , . '. Govemor.~psOn-coricluded; :"We'beUeve that,'by p~ng these three cOQtSCs , j..'1 t' ~ I I I ~ . . , of action c~bt1y, "We can find~' way 'to provide- the St... Croix Vaney,a SUe. efficient and environmentally 5eDsi'ti~lIteriWh'eto the aging lift bridge withotitgoini through the pam and e~~ ~f~ 30)lea~ otstudYt debate and confltct." ,; .' /', , ' , The Ile\v' St.' CroiX ruve~ Bridae ~s propOsed by ~ota and Wisconsin following molt ~ 3OY~~f'~" and ~OY~arSOf,f~~,en~~ review; The , proposed bridje ~ivCd federal ~~inJune 1995.. In latC, 1996t howc\ier,)he' DePartn1ent" of,interlbrlNatior.aJ M ServiCe (OOJINPS) revetsCdWIied'e~ral sUpport . I I I ' . 1 I ~ ' ~ ahd blOCked plans!1O cOnstruct ~ neW bridge., The two states ~baUebged ~ DOI/NPS \ 'j \, ') ,",... action in federal court. contending that Conpess did ~ gfant the federal,agencie$'authority , ll/M,l/....,~.,~ ',:,..~ :.' 1 "".,/~""! ~'\ to block such a proJ~.. ,I. .' ' , , ". ,j ," , '\' " ( ':' .. (~ 1 ) ( . ~ '.. " I \ ~ I I I' I ... ~ , ~ ' ., I I '~,~ 1 I".J r ~ ~.. ~ ) P \ ~ ""'e, ."- "~", ',. ,:,~,'~~'~>"', ,:,' ",-, ,', j... .... I r i ..' \. I ,I " ~' , ~ ,I I: ,r ~ '" " , I , . ~~ "t' >. ' l . 1 L ,}; "", i' ". i 1 " lj'\ , .' ,I,:' ' '. " ' , I , , , , , , , ,\ , ',\'" . . " , , , , .. ~ .... \ \ l j -,', " rl -, , ' \ , I" I J I ~ ) ~ '.. ... /' I '{ f" I' i ~ . ., I' ~:J,. ;. - . I I '\ I! I I j :....", .. .11, \1 '. .;;......~~J"~\ ..,~r.......'!':,,1 , .1 1 ''''I''.. '~, I.' ~~ .., ""\\'I'\...I>'~\.~.-6..~ .l"\'h~...'i'. ,-tl ,,'^,,~,I,..~,'.;... 1":' ,'~~~\_..i:."'~..*..J,~/(.,..(~I;...'~\I:~. , .' \ ' '-',,'. I \ I, , I . " I". I , . I I , " , . : l' t:' ... "~ : . . . . Stillwater Township April 23, 1998 Chair: Francis 7:30 p.rn Regular Meeting A2enda: Adopt Minutes: Approve Minutes April 9, April 9, April 9 and April 14, 1998 Treasurer: 1 Report 2 Claims & Checks Attornev: 1. Building Inspection Contract Planner: 1 Eoeineer: 1. NSP Permits (2) Public Works: 1. Oerk: 1 Status of election machines Committees: 1 Planning CommissIOn Report 2 Park Committee Report PooDle - 8:30 PM: 1. Steve Nelson-Report 2 Troy Schifsky - Planning Commission applicant 3 Steve Cook - Oak Wilt Old Business: 1 Review Stonebridge Trail meeting New Business: 1 Note: April 18, 1998 Pat Bantli " . . . METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Counci4 its advisory and standing comnuttees7 and three regional comnussions: Metropolitan Airports Commission7 Metropolitan Parks and Open Space Comnu'ssion7 and MetropolItan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be dJrected to the appropnate organization. Meeting mformatJon is also available on the Metro Information Line at 602-1888 and on our web page at: www.metrocounci1.or,g. Comments on Council issues can be made by electronic ma.ilat: dafa.center@metc.state.mn.us or by callmg the PublIc Comment Line at 602-1500. DATE: Apn117, 1998 WEEK OF: Apri120 - Apri124, 1998 METROPOLITAN COUNCIL Community Deve1(:>!.nnent Committee - Mon., April 20, Noon, Chambers. The committee will consider: request for reimbursement consideration of $228,622 for St. Croix Bluffs Regional Park Visitor Contact Station, Washington County; amend scope of work and budget for grant SG-96-32 - Battle Creek Swim Facility, Ramsey County; Council Ortho Imagery revenues to MetroGIS; amend 1999 LCMR fundmg proposal for regional park capital improvements; Community Development chvision policies; Commumty Development decisions; and other business. Finance Committee - Mon., Apri120, 4 p.m., Room 2A. The comnuttee will consider: ortho imagery revenues for MetroGIS; approval of performance evaluation report; request for authorization to contract for renovation and testing services for the Year 2000 project; and update on financial system unplementation. The next portIon of the meeting may be closed to the public pursuant to MN Statutes section 471. 705, subdivision la (1996), to discuss labor negotiatIon issues. The meeting will then be reopened to the public to discuss other business. Intercentor Community Advisorv Committee - Mon., Apri120, 4 p.m., Metro 94, Suite 32,455 Etna, St. Paul. The committee will consider: evaluation of Interceptor alignment alternatives; envrronmenta1 Issues; relief Interceptor concept; and other business. Land Use Advisorv Committee - Tues., Apri121, 8:30 a.m., Room lA. The committee will consider: role of LUAC Committee; and other business. Executive Committee - Wed., Apri122, 8 a.m., Nicollet Island Inn, 95 Merriam St., Minneapolis Annlication Workshon for the Livable Commumties DemonstratIon Accoun~ - Wed., Apri122, 9 a.m., Maplewood City Hall Chambers, 1830 E. County Rd. B, Maplewood. Topics covered at the workshop will be: what is a livable community?; the application process; and questIons/answers. Core CInes Issues Work Group - Wed., April 22, 12:00 Noon, Muffuletta Cafe, 2260 Como Ave., St. Paul. The work group will dJ.scuss: changing demographics and achievement trends among Minneapohs pubhc school students; and other business. Metropolitan Radio Board ManaS?:ement Committee - Wed., April 22, 1 p.m., Metropohtan Counties Government Center, 2099 UmversIty Ave., St. Paul. The comnuttee wIll chscuss: financing second controller; system capacity issues; WashIngton and Ramsey County plans; and other bUSIness. 1 . MetropolItan Council- Thurs., April 23, 4 p.m., Chambers. The Council Will consider: request for reImbursement considerahon of $228,622 for St. CrolX Bluffs RegIonal Park visitor contact stahon, Washington County; amend 1999 LCMR fundrng proposal for regIonal park capital unprovements; preservahon of affordable housing; amend scope of work and budget for grant SG-96-32, Battle Creek swim facility, Ramsey County; adoption of a mercury reduction strategy; authorizahon to award and execute a contract for 408 PCU room ventilahon; authorization to award and execute a contract for Emprre Plant expansion to 12 MGD, phase 3 mIscellaneous Improvements; Mendota Heights Route 48A replacement servIce; authonzahon of Uptown Transit Hub arclutectural and engineenng contract; authonzahon of engrneenng and desIgn contract for new bus shelter project; CMAQ grant to mcrease nderslup; contract amendments With Laidlaw TranSIt ServIces to operate the BE-Line and RoseVllle Area Crrculator; grant agreement with Mn/DOT for transit curriculum; authorization to enter mto a contract for tranSit polIce legal servICes; request for authorizahon to contract for renovation and teshng services for Year 2000 project; and other business. . Committee of the Whole - Thurs., Apnl 23, 5 p.m. (or immediately followmg the MetropolItan Council meeting), Chambers. The comrmttee will COnsIder: presentahon on the MISSISSIppi River Comdor and itS Impact on Year 2040 growth strategy; and other business. The MetropolItan Council is located at Mears Park Centre, 230 E. Filth St., St. Paul. Meehng hmes and agendas are subject to change. For more infonnahon or confrrmahon of meehngs, call 602-1447, (TIY: 291-0904). Call the Metro Infonnation Line at 602-1888 for coming meetings and other Council mfonnahon or fInd them on our web page at www.metrocouncil.org. TENTA 17VE MEEIJNGS THE U'EEK OF APRIL 27 - JI.1A Y 17 1998 TranSt)()rtahon Committee - Mon., April 27, 4 p.m., Chambers EnVlronment Committee - Tues., April 28, 4 p.m., Chambers . Workshop on TechnoloS':V Selection - Metro Plant Solids Processin~ Proiect - Tues., Apnl28, 5 p.m. (or munediate1y following Environment Committee meehng), Chambers Planners Forum - Planning & Zoning Consistency for Local Plans - Wed., Aprl129, 9 a.m., Chambers Public Hearing on the Draft Facihhes Plan for the CentervilIe Interceptor Improvements - Wed., April 29, 7 p.m., Centerville Oty Hall, 1880 Main Street, Centerville Radio Board - Fri., May 1, 9 a.m., Metro Counties Government Center, 2099 University Ave., St. Paul METROPOLITAN PARKS AND OPEN SPACE COMMISSION Metropolitan Parks and Open Space ConumsslOn - Tues., April 21, 4 p.m., Chambers. The CommisslOn Will consIder. amend the scope- of work and budget for grant AG-91-19, North Hennepm RegIonal Trail, Hennepin Parks; amend scope of work and budget for grant SG-96-25, Como Park par1a.ng deck, uhlihes, etc., City of St. Paul; amend scope of work and budgets for grant SG-95-48 and SG-97 -220, Lake Mmnewashta Regional Park developments, Carver County; 25th anmversary markehng budget; authorize regional park capital improvement grants financed With $6 millIon Metropolitan Council bonds and $19.4 million of 1998 state appropnahons; amend 1999 LCMR funding proposal for regIonal park capital improvements; and other business. The Metropohtan Parks and Open Space COmmIssion offices are located at Mears Park Centre, 230 E. FIfth St., St. Paul, MN 55101. Meehng times and agendas occaslOnalIy may be changed. To venfy meehng mfonnahon, please call 602-1456. . 2 . . . METROPOLITAN AIRPORTS COMMISSION Soecia1 Me;~ting of the Mana~ement and OveratIons Comnnttee - Mon., Apri120, 11 a.m., Room 3040, Mezzanine Level, LIndbergh Tenninal B1dg~ The committee will consider: award of lease agreement to operate the publIc telephone service concession at MinneapolIs-St. Paul Int'l Airport; and other busmess. Soecial Meetm~ of the ExecutIve Comnuttee - Mon., Apri120, 12:00 Noon, Office of the Chairman, West Mezzamne, Lmdbergh Tenmnal Buildmg. TIns will be a closed executive sessIOn to discuss the executive director perfonnance review. CommiSSIOn MeetIn~ - Mon., April 20, 1 p.m.., Room 3040, Mezzamne Level, LIndbergh Tenmnal Bldg. The CommissIon will consider: recommendation regarding airport leases; approval of bills, expenses, payrolls, transfers of funds; final payments on the followmg MAC contracts: 1996 land.s1de bituminous construcnon - MSP, GTC middle/west - general construction, D Street modifications - MSP, 1996/97 part 150 sound insulation program; semi-final payments on the following MAC contracts: Red Concourse concessions, building area expansion; bids receIved on the following MAC contracts: parking structure rehabilItatIon - 1998, materials storage building - MSP, D Street traffic signal, east commercial roadway improvements - MSP, Sun Country Airlines hangar, east buildmg area sewer/water main, part 150 sound insulation program - March bid cycle; review of upcoming construction project bids; change management policy report; February 1998 activity report for Metro Office Park; hearing officers reportslfindings, conclusions and order - Flymg Cloud Airport land acquiSitIon hearing; approval of U.S. West payment - GTC east vertical Circulation; capital improvement program adjustments; project budget adjustments; tunnel/bndge engmeering consultant selection; potentIal acqUisition - Bureau of Mmes property; acquisitIon of city-owned land in New Ford Town and Rich Acres; MASAC response to audit; discussion of feasibility/cost - intermediate APM stop; discUSSIOn of parking structure design process; request to purchase traffic marking paint; bids received for purchase of capital equipment; rent abatement at St. Paul Downtown Airport; builders risk insurance cost increase; award of lease agreement to operate the public telephone service concession at Mp1s.-St. Paul International Airport; recommendatIon regarding bids received for maintenance of public parkIng revenue control systems and automatic velucle identification systems; 1998 fann land rental rates; labor contract settlement With Minnesota Teamsters Local 320; labor contract settlement with Int'l Brotherhood of ElectncaI Workers Loca1292; publIc hearing: electric cart ordinance; APCOA management agreement; legislative update; update on rates and charges public meetings; reports on the following: monthly operating results, summary of investment portfolio, summary of air carriers passenger facility charges; ratification of 1997 expenditures; 1997 audit; financing update; approval of resolution no. 1786 - TEFRA public heanng notice - revenue bonds; MAC contractIng procedures; Y2K diSCUSSIon regardmg 1998/1999 budget; Met Center negotiation agreement - Mall of America; certificate of achievement for excellence in finanCIal reportIng - Government Finance Officers Association; and other busmess. Metropolitan Airports Comnussion offices are located at 6040 28th Av. S., Minneapohs, MN 55450. For more information, calI Lynn Sorensen at 726-8186. 3 DONALD L. BEBERG CHIEF OF POLICE . LARRYJ.DAUFFENBACH CAPTAIN THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M E MaR AND U M TO: riA ~'IJR K 1 11BU:: AND ell Y COUr'!e 1 L ~ FROM: D.L. BEBERG, CHi~F UF POLiCE DATE: APFU L 17. 1998 RE: [i~FORI1AT lUt,1 CAPTAIN DAUFFENBACH AND I WILL BE AT THE STATE POLICE CHIEFS CONFERENCE IN ST. CLOUD, MONDAY AFTERNOON, APRIL 20th THRU THURSDAY AFTERNOONt APRIL 23th. DURING OUR ABSENCEt SGT. KLOSOWSKY WILL BE IN CHARGE OF THE DEPARTMENT. WE CAN BE REACHED IN ST. CLOUD THRU ONE OF OUR DEPARTMENT SECRETARIES IF NECESSARY. . AS YOU KNOW WE HAD ONE OFFICER, PER NIGHT FOR TWO NIGHTS, IN ST. PETER AFTER THE TORNADO. THE TOTAL COST TO THE CITY FOR WAGES, BENEFITS AND VEHICLE EXPENSE WAS ABOUT $2tOOO.00. 98-17 . 212 North 4th Street · Stillwater, MInnesota 55082 BUSIness Phone' (612) 351-4900 · Fax (612) 351-4940 Police Response/Assistance 911 .