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Home My WebLink About1998-07-21 CC Packet '-I . AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-16 Council Chambers, 216 North Fourth Street July 21, 1998 7 P.M. REGULAR MEETING CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES July 7, 1998 Regular and Recessed Meetings PETITIONS, INDIVIDUALS. DELEGA nONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director . 4. Community Dev. Director CONSENT AGENDA * 1. Resolution 98-182: Directing Payment of Bills 2. Resolution 98-183: Rescinding Resolution 98-178: Appointing Diane Adams-Graf to Library Board 3. Resolution 98-184: Appointing A. William Fredell to Library Board 4. Authorization to start hiring process for part-time fire fighter 5. Utility bill adjustments 6. Resolution 98-185: Memorandum of Understanding with Local No. 49, IOUE, AFL-CIO 7. Attendance of Shawn Sanders at American Public Works Assoc. National Conference 8. Resolution 98-186: Promotion of Stuart Glaser to Fire Captain, Part-time Paid, effective 8/1/98 9. Resolution 98-187: Part-time, temporary employment of Chris Kearney and John Buckley as Building Inspectors on as-needed basis 10. Resolution 98-188: Agreement with Cardinal Tracking, Inc., for TickeTrak. purchase, service agreement, and software license 11. Resolution 98-189: Agreement with Coverall of the Twin Cities, Inc., for janitorial services 12. Authorization to Final Stretch, Inc. to hold portion of Gopher to Badger Half Marathon in the City on Sunday, Aug. 16,1998 5. Parks & Recreation 6. City Engineer 7. City Clerk 8. Fire Chief 9. Building Official 10. City Attorney 11. City Coordinator . PUBLIC HEARINGS 1. Case No. SUPN/98-35. This is the day and time for the public hearing to consider an appeal of the Planning Commission's decision for a request from Susan Smith for a special use permit for a home business and a variance for number of employees at 430 S. Broadway St. in the RB Two Family Residential District. Notice of the hearing was placed in the Stillwater Gazette on June 26, 1998, and notices mailed to affected property owners. (Continued from July 2, 1998) ~ · '~-Ittl> City Council Meeting 98-16 July 21, 1998 UNFINISHED BUSINESS 1. Possible second reading of Ordinance 863 amending City Charter by adding conflict of interest provision (first reading July 7, 1998) 2. Update: Aiple Property/Kolliner Park master plan alternatives 3. Review of Change Orders for St. Croix Valley Recreation Center {Lc.r, 18 -Ii I 4. Possible second reading of Ordinance 862 amending Chapter 31 of the City Code by clarifying the Cottage Residential District (CR) regulations (first reading July 7, 1998) 5. Discussion of 1998 sidewalk improvement project ~ .q a ' I C; :>... NEW BUSINESS 1. Possible first reading of ordinance establishing a moratorium on North Hill development PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS 1. Letter from Diane Adams-Graf declining appointment to Library Board 2. Ed Stuart - Letter of appreciation COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine 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, in which event, the items will be removed from the consent agenda and considered separately. . . . 2 '. . CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-15 July 7,1998 REGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble. Present: Absent: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Councilmember Cummings (arrived at 4:45 p.m.) Also present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Police ChiefDauffenbach Fire Chief Kallestad Building Official Zepper City Clerk Weldon Press: Chris Baldus, Gazette Julie Kink, Courier STAFF REPORTS . City Attorney Magnuson reported the quick take payment to Stillwater Yacht Club is included on the addendum to the list of bills. Mayor Kimble thanked the City Engineer for a memo informing Council ofthe city's actions taken in response to the June 20th storm event. City Coordinator Kriesel presented a report from Jeff Johnson, Structural Engineer, regarding the condition of the property at 124 North Main (formerly Jim Jams Bar). The building has been vacant for 10-12 years and is in disrepair. Staff has been directed to proceed with nuisance abatement procedures to eliminate hazards. OTHER BUSINESS 1. Tom and Dorothy Stormont - Request to continue to use existing well. Tom Stormont requested the continued use of an existing well at 1023 N. Broadway. They have a functional well on the property from their previous home site. Connection to the city water line would be difficult because the house lies in a quarry bed with extremely hard limestone, about 100 feet from the city water line. . Building Official Zepper stated the State Plumbing Code requires connection to the water distribution system if a water supply is accessible unless permitted by the "administrative authority" (City Council). The water service is available to the site. As explained in his memo to Council, he placed a message on the building permit at the time the building permit was issued that it would not be possible to use the current well. This information was also conveyed to the superintendent on the site and the plumbing contractor. He also expressed concerns that during a footing inspection, the existing well was open and not capped, allowing for possible contamination. , City Council Meeting No. 98-15 July 7, 1998 Councilmember Thole stated these were unusual circumstances because a new house was being built on the former house site over an existing well. e Councilmember Zoller did not agree that a hardship existed. The public water system was accessible, and the State Plumbing Code requirements should apply to this property. Motion by Councilmember Thole, seconded by Councilmember Cummings granting a variance to Tom and Dorothy Stormont for property at 1023 N. Broadway for use of the existing well, subject to the same conditions regarding the use of wells imposed on properties in the annexation agreement and passing of the State Health Department well test. 4-1 (Zoller nay). 2. Lumberjack Days Agreement. City Coordinator Kriesel presented a proposed agreement between the City and the Lumberjack Days Festival Association. Beer garden operations and security are addressed in the agreement. Police Chief Dauffenbach explained concerns that fencing the entire park and allowing consumption within the full park area would increase the accessibility of beer to minors. Dave Eckberg, Lumberjack Days Festival Association, explained the security provisions added for this year's celebration. ID bracelets, sold for $1 (identification must be provided showing that buyer is at least 21 years of age) would be required by all drinking beer. No beer would be allowed outside the fenced area. The biggest improvement this year would be the use of paid security rather than relying on volunteers. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-181 apprOVinge the agreement with the Lumberjack Days Festival Association. All in favor. STAFF REPORTS (continued) City Coordinator Kriesel reported staffhas further investigated the feasibility of accepting the offer of Elayne Aiple to donate the Cayuna to the City. She has now also offered to donate a barge recently constructed by Aiple Marine. The barge has a value of over $40,000 and would be useful for staging activities on the river during events such as Lumberjack Days. Although there are still some unknowns associated with the ownership of the two vessels, it would be in the City's best interest to accept the offer. Motion by Councilmember Cummings, seconded by Councilmember Thole to accept the offer of Elayne Aiple to donate the floating office vessel and barge to the City. All in favor. Recess at 5: 10 p.m. Mayor Attest: City Clerk e 2 City Council Meeting No. 98-15 July 7, 1998 . CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-15 July 7, 1998 RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Also present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles City Planner Fitzgerald Police ChiefDauffenbach City Clerk Weldon Press: Julie Kink, Courier Chris Baldus, Gazette APPROVAL OF MINUTES Motion by Councilmember Bealka,.seconded by Councilmember Cummings approving the Minutes of June 16, .1998, Regular Meeting. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Commending Don Beberg for over thirty years of service to the City. Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt Resolution 98-176 commending retiring Police Chief Don Beberg for over thirty years of service to the City. Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Mayor Kimble presented a plaque to retiring Police Chief Don Beberg. Mr. Beberg thanked the City for its support of the Police Department. He also expressed appreciation to City Coordinator Kriesel for his support during Beberg's years as Chief of Police. 2. Mary Jordan - Eat N' Freeze Ice Cream Truck. David Jordan presented a request for a variance to the peddler's ordinance, which prohibits the use of an audible signaling device. He requested Council allow the ringing of a manually operated bell or chime on the Eat N' Freeze van. It would not be electronically amplified or enhanced. It would be rung approximately once every 30 seconds and only while under way. He stated the business would not be . successful without the ability to use a bell or chime to announce his presence. He also requested authorization to operate Eat N' Freeze in the downtown area. He would park at a curbside in a two-hour parking space so as to not impede traffic. The ordinance restricts him from operating from any "congested area or stationary location". 3 City Council Meeting No. 98-15 July 7, 1998 City Coordinator Kriesel explained the bell ringing regulation was developed because the noise is a distraction to some residents and the fear that children will run after the truck or into the streets and . be harmed. Councilmember Zoller stated the restriction had been placed in the ordinance after careful study of the potential danger and noise issues to residents. Staff has recommended denial of permission to park in public areas in the downtown area. Ms. Jordan was aware of the regulations before she obtained a peddler's permit. The regulations are based on past experience related to ice cream trucks and similar vehicles. Council determined allowing the business to operate out of a parking space in the downtown area would set a precedent for vendors of all types to operate out of parking spaces throughout the downtown. Also, concerns were expressed regarding fairness to business owners in the downtown area. Council stated authorization to ring a bell would be on a "test" basis for the summer and subject to review. Motion by Councilmember Cummings, seconded by Councilmember Thole denying the request of Eat N' Freeze to operate in the Downtown Business District and authorizing the ringing of a non-amplified, manually operated bell or chime for the 1998 season, subject to review. 3-2 (Bealka, Zoller nay) OPEN FORUM Nancy Purcell, 2001 Hazel Street, expressed dissatisfaction with the Council's decision to allow the Stillwater Area High School Hockey Booster Club to use a portion of the Aiple property as a parking lot for a fundraiser during the Fourth of July and LumbeIjack Days. Two weeks earlier, she had thanked Council_ for turning down a request of the Downtown Parking Commission to use the Aiple property for a tempor~ pay parking lot for the summer season. She felt the grading done to prepare the area for parking was detrimental to the area and contrary to the earlier intent of the Council to not alter the property until the park master plan was completed. She also pointed out litter was left at the site after the Fourth of July. Robert Knapp, 107 E. Laurel, questioned the cost of grading the site. City Engineer Eckles reported the city crew and city equipment did approximately two hours of work and a private contractor was hired for a portion of the work. The Hockey Association will reimburse the City for all costs. Mayor Kimble stated the area of property graded for parking is smaller than it was when used for industrial parking for forty years. The permission to the Hockey Booster Club was granted for two special events - Fourth of July and Lumberjack Days - as a fundraiser for local youth with proceeds going to the new sports facility. City Coordinator Kriesel stated the City agreed to prepare the parking lot for the Booster Club. The gravel entrance ramps to the property and the lot were smoothed of ruts. The City did not build the gravel road between the downtown and the Aiple Property; the road was laid by a private businessperson on private property and railroad-owned land. Mr. Knapp also asked if this is now to be considered a special use property and other non-profits could petition to use it. Mayor Kimble stated requests from any non-profit are received by Council and reviewed on a case-by-case basis. Mayor Kimble stated the property is still under lease to Aiple's until September. . Only the north side was turned over earlier to the City. Patricia Hansen, 510 Quarry Lane, stated her property overlooks the area that was used for the fundraiser. The property has not been damaged by the City. She has observed 20 - 30 semi-trucks a day parked at that 4 City Council Meeting No. 98-15 July 7, 1998 . location. The land has been flat for over 40 years; cars parked in that location are no different from the industrial parking use of the past. She felt the complaints were unjustified. Howard Lieberman, representing the Heritage Preservation Commission (HPC), expressed concerns that the temporary use of the land as a parking lot will give the perception a parking lot is there and would cause the area to be used on a continual basis. The HPC was requesting Council rescind the authorization for the Booster Club to use the property for parking during Lumberjack Days, resurface and put the property back to its original state, and chain off the area. Mayor Kimble explained the lot cannot be closed off. It is the Aiple ingress/egress and the business is still operating; the lease does not expire until September. Dave Vesall, 709 W. Linden, stated the management of this area needs to be done carefully. He read in the Gazette that trees had been cut and gravel hauled in. Mayor Kimble stated the city caused no trees to be cut; the trees were removed by a private person, not the City. Ken Ryberg, co-chairman of the Stillwater Area High School Hockey Booster Club, thanked the Council for the use of the property for the fundraiser. One hundred percent of the proceeds will go to the sports complex. He apologized for the litter left at the site after the Fourth of July; the Booster Club will assume full responsibility to clean up the area after Lumberjack Days. CONSENT AGENDA * Ai\1otion by Councilmember Thole, seconded by Councilmember Cummings to approve the consent agenda. All -in favor. 1. Resolution 98-166: Directing Payment of Bills 2. Utility bill adjustments 3. Contractors Licenses: B. Street Quality Contracting, Inc., Mahtomedi; Prestige Pools, St. Paul; Horak Inc, Bayport; John A. Daisin & Son, Inc., Minneapolis 4. Resolution 98-167: Agreement with Minnesota Historical Society for Certified Local Government Grant for Holcombe Addition Architectural Survey, Federal Project No. 27-98-13126A.007 5. Approving addition of pull-tabs to gambling license - St. Mary's Church, Sept. 13, 1998 6. Attendance at MN Municipal Clerks Advanced Academy, July 29-30 - City Clerk 7. Ratification of approval to hang banner on Main Street, July 3-26 - Lumberjack Days 8. Resolution 98-168: Closing of Lily Lake Enterprise Fund 9. Resolution 98-169: 1998-99 Fire Contracts with City of Grant, Stillwater and May Townships 10. Authorization to hold annual marathon for non-public Education on Saturday, October 3 and request for assistance from Police Dept. - St. Croix Catholic School 11. Resolution 98-170: Temporary full-time employment of Seth Galewyrick as engineering intern 12. Resolution 98-171: Closing of 1991B TIF Bond Fund and MSA Fund 13. Resolution 98-172: Memorandum of Understanding with Stillwater Public Manager's Association amending Article XVI - Insurance. 14. Resolution 98-173: Approval of Foresters Agreement 15. Resolution 98-174: Approval of 1997/98 agreement with MN Teamsters Public and Law Enforcement . Employees Union, Local No. 320 - Police 16. Resolution 98-175: Appointing Klayton Eckles as authorized official for Flood Damage Reduction Grant Assistance Program 17. Temporary on -sale 3.2% malt liquor license - Ball Tournament at Lily Lake Ball Fields July 17-19, 1998 - The Big Bear, The Rock, Jim Gorge applicants 5 City Council Meeting No. 98-15 July 7, 1998 PUBLIC HEARINGS . 1. Case No. SUPN/98-35. This is the day and time for the public hearing to consider an appeal ofthe Planning Commission's decision for a request from Susan Smith for a special use permit for a home business and a variance for a number of employees at 430 S. Broadway St. in the RB Two Family Residential District. Notice of the hearing was placed in the Stillwater Gazette on June 26, 1998, and notices mailed to affected property owners. A request was received from Susan Smith for a continuance to July 21st. She is in final negotiations for altemative space but will not have confirmation by July 7th. She would be able to confirm her plans and date of relocation at the July 21 st meeting. Motion by Councilmember Thole, seconded by Councilmember Cummings to continue the public hearing for Case No. SUPN/98-35, Special Use Permit for home business at 430 S. Broadway, to July 21, 1998. All in favor. 2. Case No. V/98-30. This is the day and time for the public hearing to consider an appeal of the Planning Commission's decision for a request from Paul Simonet for a variance to the sideyard setback (30 feet required, 24 feet requested) to attach a third car garage to the west of the existing garage at 2871 Woodridge Lane in the RA, Single Family Residential District. Notice of the hearing was placed in the Stillwater Gazette on June 26, 1998, and notices mailed to affected property owners. City Planner Fitzgerald reported the Planning Commission denied the request on June 16 by a vote of 4-2. Th~ request was denied because they did not find unique site conditions or hardship that would justify a . vanance. Mr. Simonet presented his request. He stated the neighbors signed a petition agreeing with his garage plan. No one attended the Planning Commission meeting to oppose the plan. He agreed to meet all conditions of , approval ofthe Planning Commission's report: the garage shall be similar in style and materials as the house; drainage from the roof remains on site; and the square footage shall not exceed 1000 square feet. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Zoller approving the variance to the sideyard setback (30 feet required, 24 feet requested) to attach a third car garage to the west of existing garage at 2871 Woodridge Lane in the RA, Single Family Residential District, Paul Simonet, applicant. All in favor. UNFINISHED BUSINESS 1. Report: Noise levels at Market Place Car Wash. City Coordinator Kriesel presented a report from Police Chief Dauffenbach regarding sound tests run at the Market Place Car Wash. A summary of the report showed that when both blowers are working and both doors are open to the west, they are in violation of the noise ordinance. When both doors are closed, they are not in violation to the west. They are also in violation to the east because the east doors are always . open. Both owners, Jack Krongard and Jeff House, assisted the department in acquiring the readings and are interested in solving the problem. Staffwill continue to work with the owners to bring the operations into compliance. They are being asked to keep the entry door closed while the blow drying process is occurring. Staff will be developing a no-interest loan agreement to help the owner pay for modifications to 6 City Council Meeting No. 98-15 July 7, 1998 . bring the system into compliance. It is also possible the owner may get the blower manufacturer to correct the problem without cost to the owner. Motion by Councilmember Bealka, seconded by Councilmember Thole approving the development of the no- interest loan agreement to assist with modifications to the Market Place Car Wash to bring the blower system into compliance with the noise ordinance. 4 - 1 (Cummings nay) (vote taken immediately after recess) Councilmember Cummings stated it is not the city's obligation to provide no interest loans; it should be the business owner's obligation to solve its own problems. Recessed at 8 p.m. Reconvened at 8:20 p.m. The mayor called for the vote on the loan to Marketplace Car Wash. (see above for vote) Mayor Kimble noted a representative of the Valley Co-op was present for Agenda Item 1, Communications. The following item was taken out of agenda order: 1. Valley Co-op, Inc. - Request to hold 20th Anniversary celebration in parking lot on Aug. 22 Lynn Patricia, General Manager, requested approval to hold the "Big Tomato Fest" in the parking lot of the Valley Co-op, 215 N. William Street. The event will be held August 22nd from noon to 6 p.m. There would be activities such as recipe contest, veggie art contest, food and sample tables, tomato relay races, and live music. Music will use only minimal amplification. The parking lot would be closed and parking would be diverted to the streets. . Motion by Councilmember Bealka, seconded by Councilmember Thole approving the use of the parking lot at Valley Co-op, 215 N. William St., for "Big Tomato Fest", August 22nd from noon to 6 p.m. All in favor. (Unfinished Business continued) 2. Report: Structural condition of quarry chimney (continued from June 16). A memo from Community Development Director Russell was submitted stating this item had been continued from June 16th at the property owner's request. Attached were the engineering analysis and historic documentation ofthe structure. The structural examination by Jeff Johnson, SEH, concluded the structure is basically in sound condition with continued weathering of the exposed top of the chimney. Pieces loosen up over time and have fallen off or are removed. The current owner has removed top pieces once in seven years. This does not appear to represent a public safety issue at this time. Staff recommendation was to receive the information and take no action. Councilmember Cummings asked if the chimney is covered by preservation regulations. City Attorney Magnuson stated the Council could request a determination of historical significance. Don Empson has stated it is a significant artifact. . Councilmember Zoller clarified that the chimney is on private property and not open for public inspection. Patricia Hansen asked to make a statement. Mayor Kimble responded the Council has received her previous correspondence and is taking no action on this item in respect to her request. Council would be happy to receive her comments in writing. 7 City Council Meeting No. 98-15 July 7, 1998 No action taken. . 3. Consideration of traffic circle and County Road 12 access to Rutherford School/Liberty Development. (continued from June 16) A memo from Community Development Director Russell was submitted stating the revised plan has been approved by the County, the city's traffic engineer, and is supported by the school district. City Engineer Eckles reported Washington County had denied approval of the earlier design. The current design meets all the needs of the City and neighboring properties. He recommended approval. Motion by Councilmember Zoller, seconded by Councilmember Thole approving the revised traffic circle design and directing staff to work with the developer on the park plan to be approved by the Park Board and Council at a later date. All in favor. . 4. Consideration of approval of parking study for City Hall/Trinity Church area A proposal for the City Hall/Trinity Church area parking study was received from Glen Vail Wormer, SEH. The study would cost $5,500, begin immediately, and take two to three months. This study was not included in the 1998 budget; funding will be taken from reserves. Motion by Councilmember Thole, seconded by Councilmember Zoller accepting the proposal and approving the contract with SEH for City Hall/Trinity Church area parking study. All in favor. NEW BUSINESS . 1. Possible appointment to Board of Water Commissioners. The term of Melvin Friedrichs expired June 30, 1998. He has requested reappointment. The vacancy was advertised as required by the City Charter. There were no other applications. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-177 reappointing Melvin Friedrich to the Board of Water Commissioners for a three-year term to expire June 30, 2001. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 2. Possible appointment to Library Board. Barbara C.S. Hansen resigned from the Library Board. The vacancy was advertised to fill the unexpired portion of her term. Applications for appointment were received from the following: Diane L. Adams- Graf, Michele Cassavante, A. William Fredell, and Anthony K. Munson. The Library Board interviewed the applicants and recommended the appointment of Diane Adams-Graf. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt Resolution 98-178 appointine Diane Adams-Graf to the Library for a partial term to expire January 1, 2001. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 8 City Council Meeting No. 98-15 July 7, 1998 . 3. Request for tobacco license - Stillwater Tobacco. An application was received from Zaid Mahmoud W~az (Kawther, Inc.) for a tobacco license for Stillwater Tobacco, 2040 Market Drive. He has entered into a purchase agreement with Khaled Ghneim, dba Tobacco, for the sale of the tobacco store at 2040 Market Drive. The license would be issued upon closing of the sale of the business (anticipated closing July 8, 1998). Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt Resolution 98-179 approving the new tobacco license for Kawther, Inc., dba Stillwater Tobacco, at 2040 Market Drive. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 4. Lakeview Hospital No Parking options. City Engineer Eckles reported staffhad, as directed by Council at theJune 2nd meeting, solicited neighborhood responses from the Lakeview Hospital neighborhood regarding the posting of "No Parking 8 a.m. - Noon" on both sides of Everett from Orleans to Abbott, on Hancock Street east of Everett and on Anderson Street between Everett and Martha. A letter was sent to 45 property owners; 15 responses and/or letters were received. Some concern was expressed that restrictions all the way to Orleans were not necessary. Most were in favor of the restriction if it were Monday through Friday. Including the original petition, there were 25 responses in favor and 6 against the parking restrictions. Based on the comments received, he recommended "No-parking 8 a.m. - Noon, Monday - Friday" on both sides of Everett from Abbott to mid-block between Hancock and Orleans. . Motion by Councilmember Cummings, seconded by Councilmember Bealka approving the posting of restricted parking as follows: "No-parking 8 a.m.- Noon, Monday - Friday" on both sides of Everett from Abbott to mid-block between Hancock and Orleans. All in favor. 5. Proposed repair to North 2nd Street retaining wall. City Engineer Eckles reported staff has been investigating options for repairing the retaining wall along North Second Street near Pioneer Park. A major renovation could become a very expensive project. However, staff recommends two actions which would be a relatively minor cost and could increase the serviceable life of this wall. The first is to bring in a sizable amount of fill and place it along the base of the wall. This would not only protect the wall, but also may restore this area to a more natural state. Trailhead Development, developer ofInterlachen Hills 3rd Addition, is willing to provide the City with free fill and deliver it to the site. (The developer has excess material that needs to be removed from their site). The second recommended action is to fill the voids in the wall that allow fill behind the wall to wash out. Motion by Councilmember Cummings, seconded by Councilmember Thole directing staff to work with Trailhead Development for filling along the base of North 2nd Street retaining wall and investigating any costs associated with the filling of voids in the wall. All in favor. . 6. Consideration ofresubdivision request from Jill Greenhalgh and Rolf Dittman for resubdivision to change driveways/lot lines at 410 N. Fourth St. and 208 West Linden St. in the RB, Two Family Residential District. Case No. SUB/98-34. A memo from Community Development Director Russell stated the Planning Commission felt the request improved the area site planning and had no negative impacts to the neighborhood. 9 City Council Meeting No. 98-15 July 7, 1998 Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-180 apprOving. resubdivision to change driveways/lot lines at 410 N. Fourth St. and 208 West Linden St. in the RB, Two Family Residential District. Case No. SUB/98-34. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 7. Possible first reading of the ordinance amending Chapter 31 of the City Code by clarifying the Cottage Residential District (CR) regulations. Motion by Councilmember Bealka, seconded by Councilmember Thole to have a first reading of the ordinance amending Chapter 31 of the City Code by clarifying the Cottage Residential District (CR) regulations. All in favor. 8. Possible first reading of the ordinance amending the City Charter by adding a conflict of interest prOVISIOn. City Attorney Magnuson reported the Charter Commission and Councilman Zoller and Thole met on June 15, 1998, to iron out the wrinkles of the proposed ordinance adding an ethics section to the City Charter. The current draft is the result of the workshop. Motion by Councilmember Thole, seconded by Councilmember Zoller to have a first reading of an ordinance amending the City Charter by adding a conflict of interest provision. All in favor. . COMMUNICA TIONS/REQUESTS 1. Valley Co-op, Inc. - Request to hold 20th Anniversary celebration in parking lot on Aug. 22. (action taken earlier in meeting) 2. Jeanne Anderson, representing Jim and Kay Anderson - request for tunnel license. Motion by Councilmember Thole, seconded by Councilmember Zoller referring the request for a tunnel license at 123 North Second Street to the Fire Chief and Building Official for review and recommendation. All in favor. COUNCIL REQUEST ITEMS Councilmembers Zoller and Cummings requested the City Engineer investigate the possible installation of street lights in various city locations. Mr. Eckles stated some of the locations were State controlled. The City will. make the request to the State. ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Zoller to adjourn at 8:55 p.m. Allin favor. . Mayor Attest: 10 \ City Council Meeting No. 98-15 July 7, 1998 · Resolution 98-166: Directing Payment of Bills Resolution 98-167: Agreement with Minnesota Historical Society for Certified Local Government Grant for Holcombe Addition Architectural Survey, Federal Project No. 27-98-13126A.007 Resolution 98-168: Closing of Lily Lake Enterprise Fund Resolution 98-169: 1998-99 Fire Contracts with City of Grant, Stillwater and May Townships Resolution 98-170: Temporary full-time employment of Seth Galewyrick as engineering intern Resolution 98-171: Closing of 1991B TIF Bond Fund and MSA Fund Resolution 98-172: Memorandum of Understanding with Stillwater Public Manager's Association amending Article XVI - Insurance. Resolution 98-173: Approval of Foresters Agreement Resolution 98-174: Approval of 1997/98 agreement with MN Teamsters Public and Law Enforcement Employees Union, Local No. 320 - Police Resolution 98-175: Appointing Klayton Eckles as authorized official for Flood Damage Reduction Grant Assistance Program Resolution 98-176: commending retiring Police Chief Don Beberg for over thirty years of service to the City. Resolution 98-177: reappointing Melvin Friedrich to the Board of Water Commissioners for a three-year term to expire June 30, 2001. Resolution 98-178: appointing Diane Adams-Grafto the Library for a partial term to expire January 1,2001. Resolution 98-179: approving the new tobacco license for Kawther, Inc., dba Stillwater Tobacco, at 2040 Market Drive. Resolution 98-180: approving resubdivision to change driveways/lot lines at 410 N. Fourth St. and 208 West . Linden St. in the RB, Two Family Residential District. Case No. SUB/98-34. Resolution 98-181: approving the agreement with the Lumberjack Days Festival Association. . 11 A I;' . . . MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Proposed amendment to Cable TV Joint Powers agreement DA: July 17, 1998 Discussion: The City Council previously approved a minor amendment to the Central St. Croix Cable Communications Commission Joint Powers Agreement (between the cities of Bayport, Oak Park Heights and Stillwater). The amendment fixed the duration of the agreement to the duration of the cable franchise. Bayport previously signed the amendment. However, the City of Bayport is now requesting further amendments (I understand that the City of Oak Park Heights is requesting the same amendments). The amendments are as shown in the attached letter I received from the City of Bayport. In regards to item No.1 - Member Attendance - I would recommend that no change be made at this time. The purpose of this amendment is to insure that an elected official attends the meetings. However, I think cities should have some flexibility in this area and be allowed to have the representation that is desired by a city - whether that person is elected or a member of the general public ( Ann Bodlovick has been attending the meetings in the place of Mayor Kimble during the re- franchising process. Ann has served on the Commission since its inception and is very familiar with all of the franchising issues. Ann would not be allowed to serve in the same capacity if the amendment were approved). In regards to item No.2 - Commission Subject to Open Meeting law - I would suggest that this amendment is unnecessary because the Commission is subject to MN Statutes regulating meetings and the law speaks for itself. In regards to item No.3 - Lobbying Activities - I think the Commission can establish rules outside of the agreement that would address this issue. In regards to the issue of employing professional staff, I believe this is the role of the Commission and that it is assumed that professional staff have been and will continue to be employed by the Commission. In regards to the issue of consolidating multi-layer organizations, I think this is something that should be decided by the Commission as a Commission and that action by the City of Stillwater is not needed at this time. Recommendation: City not agree to any further amendments to the Joint Powers agreement. ~ 4(~ I CITY OF BAYPORT r2 rc; fS' 0 \\!7 .'.: = i"":'. 15 ~ L::::! 0 "-"; -...\ , 'II : 1/' . I! , j' ./ ':J',' , 'L:}! ',: ! .. f rJll 9 J::;;:.,o . 294 North 3rd Street Bayport, Minnesota 55003- 1027 July 8, 1998 Phone: (612) 439-2530 Kathy Cinnamon Central St. Croix Valley Joint Cable Communication Commission 1941 So,. Greeley Street Stillwater, Minnesota 55082-6012 Dear Kathy: At the Bayport City Council meeting of July 6, 1998, the City Council took up a number issues assoc~ated with renewal of the Central St. Croix Valley Joint Cable Communication Commission Joint Powers Agreement. . After City Council discussion related to renewal of the Joint Powers Agreement, the Council unanimously adopted a motion specifying the following changes in the Joint Powers Agreement: 1. Member Attendance. The Joint Powers Agreement should include a provision which requires that if a Commission Member fails to attend 4 meetings within 12 month period, a vacancy would be declared for that seat and that the member City Council would be directed to reappoint another individual to that position. \ 2. Commission Subject to Open Meetirig Law. The Joint Powers Agreement should clearly reflect that the Commission and its members are subject to Open Meeting Laws and other regulations which affect cities and elected officials as provided by Minnesota Statute. 3. Lobbying Activities. The Joint Powers Agreement should clearly reflect that lobbying activities shall be permitted only if the lobbying activity is approved by the Cable Commission Board and is directly related to Cable regulation. . . . .. In addition, the City Council of the City of Bayport adopted a motion which states they strongly support the Cable Commission employ professional administrative and legal staff with extensive background and knowledge which is specifically related to Cable Commission activities. The City of Bayport is also on record as supporting consolidating the multi-layer organizations presently in existence within the Cable Commission. The consolidation should be designed to enhance the Cable Commission's ability to effectively manage the Commission's cable operation. Should you have any questions about the contents of this letter, p ease contact me at 439-2530. Tom Melena, Oak Park Heights City Administrator Nile Kriesel, Stillwater Coordinator Ci ty of Bayport Mayor and Councilmembers ~ c ~J2/9t - lVIAGNLTSON LA \tV FIRLvI LICENSED IN :'>II:\NESOTA ....ND WISCONSI:'I :-:- :-\ iJ . THE DESCH OFFICE 8L:1LDI"G ;~; '-'1)RTH \L~I" STREET' SLlTE ~202' P.O 80'\ ~3:;' STILLWATER. \1:" 55IJX2 . . - . TELEPHONE: (612) ~39-9~6-l . TELECOPIER: \6(2) ~39- 56-11 D >SID T. \L"'G:"L'SON April 29, 1998 RICHARD D. ALLE:\ Mr. Ken HartUng Bayport City Administrator 29..+ 0iorth 3rd Street Bayport. ~fN 55003 Mr. Thomas M. Melena Oak Park Heights City Administrator 14168 - 57th Street North P.O. Box 2007 Oak Park Heights, MN 55082 Mr. Nile Kriesel ~ Still\vater City Coordinator 216 North Fourth Street Stillwater, MN 55082 Re: Joint and Cooperative Agreement - Central St. Croix Valley Joint Cable Communications Commission Dear Gentlemen: It seems not that long ago that Nile drafted the Joint Powers Agreement between Oak Park, Bayport and Stillwater that allowed the joint powers' entity to grant and administer a cable television franch ise in the three (3) communities. . Since the current franchise expires in August of 1998, the Commission has been diligently involved in the many steps necessary for a successful franchise renewal. By way of housekeeping, it has been pointed out that language in the Joint Powers Agreement might limit the jurisdiction ofthejoint powers' entity to one (1) fifteen (15) year franchise term. I'm Sure this was not the intention of the cities at the time the agreement was made, but in order to cure the possible jurisdictional flaw, the Commission recommended that I prepare a brief addendum that wou Id clear the record and allow the refranchising to continue. Accordingly, I've enclosed a draft that I hope could be adopted without too much fanfare or Controversy. Also, if anyone needs a copy of the original agreement, please let me know. Yours very truly, ~ DT~Uds Enclosure . cc: Kathy Cinnamon - St. Croix Valley Cable Commission " - . AGREEMENT This Agreement is made this 2nd day of June, 1998, as Amendment No. ] to the Joint and Cooperative Agreement establishing the St. Croix Valley Joint Cable Communications Commission between the cities of Bayport. Oak Park Heights and Stillwater. effective the 1st of February, 1982. I. Amendment. Article XIII. entitled DURATION AND ENFORCEMENT is amended to hereafter read as follows "XIII. DURATION The expiration date of this Joint Powers Agreement is coincident with that of the Cable Television Franchise granted August 13, ] 983, and a change in the expiration date of the franchise by way of either renewal or amendment of the franchise will automatically extend the duration of this Agreement. " . IN WITNESS WHEREOF, the undersigned municipality has signed this Agreement that will have an effective date of April 30, 1998. CITY OF BAYPORT By Its CITY OF OAK PARK HEIGHTS 3 ~ j j, I , r H " ) .j By Its CITY OF STILLWATER By Its . i~ Ii :~ ~ -..,- f r: ( I.' p p i\ . . . MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Market Place Car wash DA: July 17, 1998 I have continued to work with the owner of the Market Place Car Wash to eliminate or minimize the noise problem associated with the drying system used by the car wash. The owner informed me this week that the manufacturer of the blow drying system will be at the site early next week to try to make some modifications to the dryer. Hopefully the modifications will improve the system. In the meantime I have asked the owner to take steps to keep the west side door closed until the drying operation is completed. This would at least resolve some of the problem at this time. I will contact the owner next week to determine what progress is being made and keep the Council informed as well. q ;l(.Lli .I.UMBERJACK DAYS FESTIVAL ASSOCIATION. INC. July 19, 1998 Mr. Nile Kriesel City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Dear Nile: Per our conversation I would like to formally request the use of the City's barge for Lumberjack Days '98. We would put it in place on Thursday July 23 and remove it Monday July 27. Thank you. . Very best re ards, . P.O. Box 21 · Stillwater, MN 55082. Phone 612/430-2306 · Fax 612/430-0553 www.lumberJack-days.com . . . ..', "I MEMORANDUM TO: Mayor and City Council ~$I)Jtrw.~m&- bW r/ ~&II lqq~ CoI.VAo1 Medlh~ FR: Steve Russell, Community Development Director DA: May 19, 1998 RE: Request for Purchase of Hand Held Ticket Writer The attached proposal has been received for purchase of a hand held ticket writer and computer program. The police department budgeted $11,500 for the ticket writer and scooter. No scooter is proposed for this year. If the basic system works, other programs can be added to better track and prepare reports. Recommendation: Approval $9,229.90 for purchase of ticket writer and programs (resolution). Attachment: 1998 Parking Fund Budget and Proposal Cardinal Tracking, Inc. TickeTrak S}'stem proposal worksheet for StiIIwater~ MN PoJice Department Sample TickeTrak system C81J1.guration 419/98 Base module - include.<; !;Vc;tp'm lnnfifl'r;'lfion~ t-irkeot managcmenl & n:por1inlt. handheld infonn:uion mana c- menl . communications & CI}'st<11 Report \ nler OWn",! N1aIlagement module Pennit. Managemenl modulc Fimmcial M.anngement module Appeals Management module Archive Module (tickC1S, O'\-llcTs,pcnniIS) Import/Export module HoldslEncwnbrance M3nagement Rcscrvi:: Space Managemenl Scantron Standard Fonn Interface Multi-User license upgrade (per seat) J 6 Bit .....crsion. Access 2.0 32 Bit version. Access 7.0 TI'Net-8 Data Communications TTNel-16 Data Communications OCR scannable printing option for tickets Custom -DMV InteIface-(estimate based on evaluation) _ SublOlal - sofi\\'arc license fees ~ickeTrak Equipment UDit TfFicld Unit and ACCCS-'ioncs Price ..* TrFicld Unit model 30, WilJl aLl;Jchcd 5&mm 111crmaJ printc: S2,.250.oo *" TIField Unit model 30, with attached 80mm thcrm:Jl printe: 52,395.00 ** TIField Unit model 40. with attached 58mro thermal printe: 53.)85.00 ..* TTFic1d Unit model 40, with w;Jchcd 80mm 111crmal prinlC: SJ,530.00 TTFieId Unit price inclull~ 3 ye...rwarr..mty on CPU Desktop communications/charging cradle SolSlcel C'lrrying Case Spare Banery Pack Dual battery charger Four (4) bank balleTY chargcr OlJtionaJ eQuipment 512Kb Removable R.buvl Card $125.00 1 M8 Removable RAM Card S160.00 2!>.m Removable RAi\1 Card $173.50 4!>.m Removable R.."'-:.\1 Card S5OO.00 Thin C1rd Drive for PC (for RAVl Card) S295.00 Laser Touch Scarmcr L T1800 for PC ([or POS use) 5599.00 Printer Products 7400 receipt printer with cash d.ra\ver 51.095.00 SIal' Micronics Rc:cipt printcr ",;th casl1 drawer S995.QO Printer Products PCPOS Terminal (-t86 based) 52.660.00 Subtotal- TickeTrak and related equipment . TickeTrak for 'Windows software . Cardinal Tracking Price Proposal dated -t/14/98 License ny'" Fee 53,695.00 Proposed y 5L995 00 Sl~995.00 51.995.00 51,995.00 51,995.00 SI,995.00 SL995.00 $995.00 SI,995.oo $395.00 $595.00 S995.00 SI~69().00 SI,500.00 S2.5OO.00 Proposed Qty. Proposed Amount 53.695.00 ~95.{)(~ Extended Amount $2395.00 $153.50 S67.15 $123 .20 $112.50 $319.00 04/14/98 07: 36 1 1 1 $353.50 $67.15 $123.10 c~ TXjRX. NO.9228 Page 1 or 2 P.002 . StiHwatcr, MN Police Department Services Onsite installation and tr.llnillg (up to 3 da:...s) OnsilC inSlallaliOlI and lr.Jining (up 10 5 days) Tr.Uni.ng at Cardinal's tr.rining a:nter (pip pJd) (customer is responsible for their own tr3\"-e1 e.xpenses) Supplies Prcurintcd Tickcts (includes one color, 2 sided printing) 19.910. 5Smm width pol}uenu.. 50 per roll (for model 30) 250 - .+99 roll order qty SOO - 999 roll order qt)" 1,000 + ToD OTder qty 1 Y. ':.lIb, ~l)11Im widl11 pol)"lherrn, 100 per roll (for model 30) 125-249 roD OTder qty 250 - 499 roll order qty 500 - 999 roll OTdcr ql)" 1,000 + roll order qty 20. lIb, 80mm widtl1 IR Ih.:nTl<lJ paper for OCR option, ](l0 peT roll 250.499 roll onie:r qty 500 . 749 roll order qty 7.50 - 999 roll OTdcr ql)' 1,000 + roll OTder qty 1 Y. ':.lib, StJmm width polytherrn, 1 SO per roll (fOT model 30) 2.50.499 roll order qty 500 - 999 roll order qty I,O()(J + roll oldO" qt)" Plate composition fee - (l color e3ch side. for both sides) Preprinted uayment envelolJe~ (includes 2 sided printing) Weather proof Kr.rll paper,in books of 25(10-19M) Weather proof Kraft paper.in books of 25(20-29M} Weather proof Kra fl papcr,in books or 25(30..3'JM) Weather proofKnrft paper.in books of 25(.+0-49M) Weather proof Kraft. paper. in books of 25(50-99M} Subtotal Senices and Supplies Tot:d Proposed .. V" if Proposed .. Unit ,~ Price Proposed Amount 5L250.00 S3.250.00 $250.00 -' $750.00 Per roD Proposed Extended Price Roll Qty. Amount $-tOl $3.12 $2.26 $8.79 $7..52 $6.43 S5.37 125 $1,098.75 $8.57 $7.17 $6.69 56.17 ~ 510.34- S9..n $7.61 $90.00 $90.00 Price per 1.000 Proposed Qn- Extended Amount 565.73 S61..5 3 S59.# S55.93 $53.13 10000 $657.30 52.596.05 C229:)M~ "'* Prices arc guar.Jntccd until April 15, I 'J'JX "'* Prices are in $U.S. ; FOB Flower Mound. T::X<ls. Shipping billed separalely based on acltl;J! cl141rges U One year ,""arrant} and support agreement included for TickeTr:1k for Windows Software "'* Three (3) yc.1r warranly included ror TTFicld Unit CPU. Cardin~ Tracking Price Prol)OS~ datcd -4/14/98 P:'lgC 2 of 2 . 04/14/98 07:36 TXjRX NO.9228 . P.003 Schedule A j9_98 CAEJIAL O_UILAY DEPARTMENT Libra['t Operations Nonfiction Video Shelving Newspaper Cabinet New Terminals for Circulation Dept (2) New Wands for Circulation Dept (2) Additional Receipt Printer Replace Theft Detection Desensitizer Replace Theft Detection Sensitizer Public Printers (3) Graphic Searching Terminals (4) Total. Operations Facili~ Repair Water Damage to Interior Remove Attic Cellulose (Fire Hazard) Insulate Roof, Install Vapor Barrier Repair Cornices Redesign Delivery Area Security Lighting Redesign Bookdrop Repair of Stainglass Window Ceiling Fan in Circulation Dept Signage Total Facility TOTAL LIBRARY FUND: TOTAL PARKING FUND: Uty_Ls;ike New Beach Markers Lifeguard Stand Lifeguard Rescue Equipment Beach and Boardwalk Improvements TOTAL LILY LAKE FUND: -35- $3,000.00 $800.00 $750.00 $720.00 $508.00 $175.00 $150.00 $750.00 ___ $8,000.00 $14,853.00 $3,000.00 $5,500.00 $11,500.00 $10,847.00 $9,800.00 $7,000.00 $6,000.00 $2,000.00 $2,500.00 $2,000.00 $60,147.00 $75,000.00 (f ., A yv4-- $5,000.00 ~o'OL/ ---- --$11,500.00. . $2,700.00 $1,200.00 $600.00 $10,000.00 $1<500.00 . . . . . . Cardinal Tracking, Inc. . . . . To: Company: Fax number: Business phone: From: Fax number. Business phone: Home phone: Date & Time: Pages: Re: Dennis Pasket +1 (612) 3514940 Jim Russell Cardinal Tracking, Inc.@+1 (940) 6833650 4/14/98 8:31 :44 AM 3 TickeTrak proposal Attaxched is a proposal for a TickeTrak Base system. This will allow you to utilize the handheld ticket writer and do reporting on ticket information. It does not include the owner, permit, appeals or financial modules. THese can be added later. Give me a call jf you have any questions. 04/14/98 07:36 TX/RX NO.9228 P.001 ., '. ~ . ~ . . '/ ..:...... . ,//.. -, '..----;1 -.,'-,'. C 'lM - d'--j:\-:lty OunCl eeting No. 98-12 . Community Development Director Russell stated other similar carnivals have taken place a . ... location. Chief Beberg reported the police had no problems arise from the carnivals at that location. ., Because the late notice did not allow for the Planning Commission review of a Special Use Permit, Mayor Kimble directed the approval be contingent upon any requirements set by the Planning Department. Motion by Councilmember Thole, seconded by Councilmember Zoller authorizing Minnesota's Magic Midway, Inc., to hold a carnival at River Heights Plaza, May 22-31, 1998, subject to directives from the Planning Department. STAFF REPORTS City Coordinator Kriesel reported the St. Paul Civic Center would be holding an auction of items that could be used at the St. Croix Sports Center. He requested authorization for Dick Anderson, St. Croix Caterers, Inc., (manager of the sports center) to bid on hockey boards on behalf of the City. There would be a significant cost savings and the boards could be used at either the new ice arena or another sheet of ice. Motion by Councilmember Thole, seconded by Councilmember Zoller granting authority to Dick Anderson, manager of the St. Croix Sports Center, to bid on behalf of the City at the St. Paul Civic Center auction for items needed at the sports center. All in favor. _CONSENT AGENDA* (~/ Aotion by Councilmember Thole, seconded by Councilmember Bealka to approve the consent agenda. All in favor. 1. Resolution 98-125: Directing Payment of Bills 2. Contractors Licenses: M & S Roofmg, Blaine, MN; John Low & Assoc. Inc., Stillwater; SKC Roofing, Stillwater; Stillwater Concrete & Sidewalk, Stillwater;PCL construction Services, Inc., Bloomington; Performance Pools, Woodbury; DeMars Signs, Inc., Coon Rapids; Top Line Advertising, Inc., Blaine, MN 3. Resolution 98-126: Purchase of sewer vactor/jetter truck 4. Reschedule regular Council meeting of June 16 from 7 p.m. to 4 p.m. (amended to 4:30 p.m. later in meeting) 5. Resolution98-127: Temporary employment of Martha Vandenberg, Alexandra Kremer, Sarah Hamilton, and Annie Bryse as lifeguards for Lily Lake Beach 6. Authorization to promote one officer/sergeant to captain; promote one officer to sergeant - Police Department 7. Authorization to sell two used squad cars to S1. Cloud Pursuit Driving School 8. Hang Banner - Territorial Convention Celebration, August 12-27, 1998 9. Resolution 98-128: Employment of Larry Dauffenbach as Police Chief 10. Resolution 98-129: Approving Temporary Employment of Ryan Smith as Planning Department Summer Intern. 11. Resolution 98-130: Approving Change Order (or Emergency Sewer Repair - First Street Reconstruction . and Curve Crest Boulevard Street Rehabilitation ., 2. Tempor 0 malt liquor license, May 29,30 and June 1, 1998, Ball Tournament at Lily Lake (~) ields (Extreme-Twin Po',plicant) . Resolution 98-131: Full time empl6~ent of Kevin Reiners as Patrol Officer ~~hase~fcomputer_t~~~ 3 L .. RESOLUTION NO. 98-182 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $1,379,182.53 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit II A ") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 21st day of July, 1998. Jay Kimble, Mayor ATTEST: . Modi Weldon, City Clerk . LIST OF BILLS EXHIBIT "A" TO RESOLUTION 98-182 Action Rental Adolf Kiefer Amoco Sprint Ancom Communications APWA AT&T AT&T Wireless Bonestroo, Rosene Anderlick Braun Intertec Brine's Market Burns, Mary Car Quest Carlson Tractor Catco Parts Century Labs Cerver, Margaret Chemsearch Cordes, Marcy Croix Builders Cy's Uniforms Database Technologies, Inc. Dauffenbach, Larry Del's Outdoor Department of Public Safety Edina Realty Title Equipment Supply, Inc. Fina Fixmer, Don Fred's Tire G&K Services Garelick Steel Co. Gateway Computer Geo W. Olsen Goodin Company Goodwill Industries Hardwood Creek Honeywell, Inc. Jepsen Construction Jim Hatch Sales Johnson, Ronald Junker Sanitation Junker, David Landgren, Sara Ann League of MN-HRC Miller Excavating Miller, Davin .Ii .. Concrete Lifeguard Supplies June Gas Radios Software Telephone Cell Phones Professional Services Testing Services Meals Reimbursement Parts & Supplies Backhoe Parts Parts & Repair Root Destroyer Reimbursement Tire Guard Meals/Mileage 825,829,833.837,1339,1307 Misc. Uniforms June Auto Track Billing Reimbursement Chains CJDN Charges Apr-Jun Refund Building Repair Fuel Repair Charges Tire Repairs Uniform Cleaning Steel Computer & Software Sports Complex Push-button Faucet June ADC Hubs & Lath Security-Terr. Prison Escrow Sign Posts Holder/Paper/Gatorade Wasp & Hornet Spray Garbage Bags Refund Printing Reimbursement Grade @ Aiple Property Clothing, Fuel 459.29 346.24 1,527.06 2,731.75 79.00 113.82 7.56 3,484.70 922.50 23.11 40.00 455.48 468.55 594.12 198.14 43.85 992.12 . 42.87 6,000.00 1,407.78 9.37 42.00 29.00 390.00 75.97 644.82 193.65 37.50 60.46 2,300.86 3.85 2,489.97 876,461.00 66.03 335.49 107.30 389.79 1,500.00 359.13 102.29 4.36 302.50 225.00 45.00 1,497.50 417.87 . . r. . Minnesota Sun Publications Lifeguard Adds 118.40 Municipal Code Corporation Code on Internet 266.25 Norwest Agent Fees 937.50 Ogren, Karen Deposit Refund 35.00 On-Site Sanitation Portable Restrooms 607.80 Oxygen Service Company Oxygen for First Aid 4.50 Putman, Audrey Reimbursement 91.98 Rose Floral Flowers 31.63 Saint Croix Car Wash June Car Washes 26.94 Saint Croix Drug Box Service 6.55 Saint Croix Office Supplies Office Supplies 92.98 Saint Croix Recreation Co. Fountain Hoses 235.46 SECOM Holsters/Bulbs/Baton Holders 391.31 Sievert, Arthur Housing/Meals/Fuel 201.87 SRF Consulting Group Aiple Property 4,667.61 Stillwater Chamber of Commerce Deposit Refund 250.00 Stil.lwater Ford 94 Ford Repair 22.87 Stillwater Gazette Delivery & Publications 261 .43 Stillwater Motor Co. Squad 6208 3.05 Stillwater Sunrise Rotary Quarterly Dues 115.00 Streichers Uniforms 193.70 Successories Framed Art 619.00 T A Schifsky Asphalt & Tack 2,533.43 . Tower Asphalt Contracting 381,504.04 TR Systems LLC Restore Program Files 237.50 Twin Cities Service Center Radio Service Agreement 275.04 University of Minnesota Academy Registration 150.00 Viking Office Products General Office Supplies 203.06 Walmart Gun Cleaning Supplies 25.87 Ward, Diane Intelisolve 120.00 Washingron County PW Light Repair 591.20 Wheeler, Diane Refund 50.00 Wicker, Steve Boots 59.99 Yocum Oil Gas/Engine/Diesel 316.10 ADDENDUM AT&T Lease Telephone Equipment 26.77 Bavolak Electric Fixtures-Lily Lake 11,669.00 Gagnon Inc. Labor, Material & Equipment 1,022.40 Geo W. Olsen Sports Complex 27,352.00 Gopher State One Call June 98 Calls 134.75 Jerry Happel-PlanSight Professional Services 390.00 Magnuson Law Firm Legal Services 6,201.08 NSP Electricity 11,681.12 Parts Associates Nuts & Bolts 251.72 . Pinky's Sewer Service Pump Lift Station 2,750.00 Plant Health Associates Professional Services 950.00 Russell, Steve Reimbursement 7.00 Saint Croix Caterers Saint Croix Office Supplies Saint Paul Brass & Aluminum . Stack, Barry US West Ward, Diane Professional Services Office Supplies Plaque Professional Services-Ai pIe Telephone Ftp Program Reimbursement Adopted by the City Council this 21st day of July, 1998. APPROVED FOR PAYMENT 4,677.10 420.74 933.92 4,810.00 2,591.27 37.95 Total Due: 1,379,182.53 ~ ". ~:... . . . . . RESOLUTION NO. 98-183 RESCINDING RESOLUTION 98-178 APPOINTING DIANE ADAMS-GRAF TO LIBRARY BOARD WHEREAS, Barbara C. S. Hansen resigned from the Library Board; and WHEREAS, Diane Adams-Graf was appointed by Council on July 7, 1998, to fill said vacancy; and WHEREAS, Diane Adams-Graf has declined the appointment; BE IT RESOLVED by the City Council of Stillwater, Minnesota, that Resolution 98-178 appointing Diane Adams-Graf to the Library Board if hereby rescinded. Adopted by Council this 21st day of July, 1998. Jay Kimble, Mayor Attest: Morli Weldon, City Clerk STilLWATER ~~~~~~ PUBLIC LIBRARY 223 North Fourth Street Stillwater, MN 55082 612.439.1675 FAX:439.0012 . 16 July 1998 The Honorable Jay Kimble, Mayor City of Stillwater 216 N. Fourth St. Stillwater MN 55082 Dear Jay, The Board of Trustees has reviewed and interviewed the applicants for the vacant Board position. We would like to recommend Bill Fredell for the position. All of the applicants presented strong credentials, but we believe that Mr. Fredell with his substantial background in library service - albeit a school - . library - ~ill bring important experience to the library, particularly as it grapples with the demands that the new Profile of Learning will place on commUnity institutions. As always, we appreciate your willingness to afford us this participation in the open appointments process. Sincerely, ~~ Dave Ruch President Board of Trustees . . . . RESOLUTION NO. 98- APPOINTING A. WILLIAM FREDELL TO LIBRARY BOARD WHEREAS, Barbara C. S. Hansen has resigned from the Library Board; and WHEREAS, a vacancy now exists on the Library Board for a term to expire January 1, 2001; BE IT RESOLVED by the City Council of Stillwater, Minnesota, that A. William Fredell be appointed to fill said unexpired term. Adopted by Council this 21st day of July, 1998. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk (- Deadline for aoplications is no latC'ban noon May 20) 1'98 Return to: City of Stillwater, 2 I 6 N. 4th St., Stillwater, MN 55082 r CITY OF STILL WATER APPLICATION FOR APPOINTl\1ENT TO ADVISORY BOARDS AND COMMISSI Date:/1//~ /tr C[E~V[E[J) MAY 2 0 1998 Name: .-/ 4/~~~/7 ~// Address: ~~ &' ~4r/";/' / ..,:h-<Z-- ) ~;/: ~/p;-:::' /' ./ Home Telephone: ....-'-/3' '7 - .5'775' Work Telephone: /f;7~/f797 u~O#y / 1. How long have you lived in Stillwater? /1 ~Yn.YrsfMo. L Which Ward 2. What Stillwater community activities have you been involved in? ~ ~4''''';< .?"'"'- ~ /'" ",~-r ,,-..:6'/-6-'" ~t:7"?~ ~r-",,'r;- /'hC::r'p~"- ./ / 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. . _ 7~ .<-,/ ~ d" ~ "'::.. ~ .-/ r-~ ,...... ./ 4. Do you h~e a preferred Board/~ommission that you are ~nt~rested in s~rving on? y es ~ No If yes, fill In name of Board/ComnusslOn: / '" ~ y... ry - / No/ BCAr/ 5. Would you consider an alternate appointment? If yes, which one? Yes 6. Please describe any schedule conflicts with the regualr meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). ~-----. ..,-6p.- r ~ ;--~.//:~ ..,./~r"-- 5iJ} ~.;;"YJ ".:?,..,... /.../. h-o,,~ r" /:-, -r-'~ ?,/'::::.,~ :1S ...-!.oPr .L<=A--? .$"<::.hNZ 7. %y do you wish to be on a board/commission? ~ .,?-/ // r v~ ~ z; r' fc P -1 d'Y ~~ A ,::;/ / '" ~ c~ p'J-///'/0""': / 8. Please describe any other relevant information you would like us to know. . .... ArtJch AdditionJI Sheets, if necessJry.... THIS INFOR.lIAT10N WILL BE DISTRIBUTED TO COUNCIL A:VD IS CLASSIFIED AS PUBLIC DA TA . . . r~ ( Stillwater Public Library Supplemental Application - Appointment to Board of Trustees Name~~~~&~0_~~!/ ~e Stillwater Public Board of Trustees is the policy making body for the library. The rune-member Board meets the first Tuesday of each month at 7 P.M. In addition to regular meetings there are committee assignments which require a commitment of time. Terms are three years in length with the possibility of two reappointments. The appointment will be made by thP. Mayor and City Council. For further information about the Board or the library, contact: Pat Lockyear, Board Vice President, 439-2130 Lynne Bertalmio, Library Director, 439-1675 Education history. / L.-- j - / . /~J4 ~~,p/ - /.:::5'7 ?1/.!;//Y////~./ //,,;of-/t.. , .6#./j_d~ NL ~d6;: - //.<"k~< 5Kff- ,,0,_"- ./i'"'1 ~ J Z. $" _ C ~",y"'" "'....../ /-1'", ri~. ;,.,.z....~ 0.!/ -" c; /. C';.... &" ~ ~ , ;.::::. ~ _ ././.w /Z',,^ p/' rl ~ /, c:4, /""3 '7~ 6~r/<- /"'~ &~/ 016, / /,~, /~C" ~"~.-../ J/",,,,,~ s-r:/--; V'JU'y.,; ..5?;-'"~",-/5?~/:"d//' B . f ..,...; ~ / 7 ; ~ """'" ~ I!!'~.J i..r L'_ ~7.1'4.0- \ 0/ .: ./ ne emp oyment history: ~~~ 5LJ y,Yj _~.,./ ~4'...,/ ~/~~/~r 6~.~, ,/'; ?/i>~ ,.6-'/~;-- /r-.L-4 "';:::~/v& .,,;./ ~ />-t"'/" 5/-<-c/,c"ff / / _ r-:-. . ~ ZI ;/..J'-- C:t.-,~/~ .,..,:/5 :5 /"7 Lit!' /f"7.:::J /~.J- ~ LA-- 4"/-' ~./ /" "1/, P .>' ~ /7'14 r" ., c.. .p rt/ Y.Pr: Involv:em~nt in libraries, other library boards, or community groups and organIzatIons: ~ / / / .z- ~ ..r:> ./~/"... V.,/~,J ~// '-::: 7 7h9>"" 5;c::.. /~~Y-.f' Why are you interested in the library board?, ~' ..,_____ "' /"' ,.J ..,!/ - //.h /oY-<-- .../....r...? ,r-/ /- L' ~ /.---. ~. ~ r/,)-"y /"'"'-'" . /~ ...-t ~ -L' / / r" V ..:- ;/"7-vr../ /- ' . (/ / , //. .' / '" ~..-'.?~ .:?~~~ L:.,;I ..cf'p,-< /:::4-r~'/V: -<"" ~. /l/" y~/-" /..:V' "I. / /r / ..///w/'.~ ..r-/ /" c'" /---/ c "- ~ .P LL -/-;-""'.y/ ,?/ AI '~..{' / A/'.? ,{ ,r-.;-. I U ..- / ..; I "L. / / c/o/'" ~ - / - ~ ~.~! ~ 'en.. /;:;'lu I:: y;-- .-:5)-:'~~/// / ..? ./ /.., ~~<1/. / .c ~/ r~ ~ -./1./ r c: ~ J-A-' rl-o t~ k ' '7 . . . MEMO To: Mayor and Council From: Kim A. Kallestad, Fire Chief Through: Nile Kriesel, City Coordinator Date: July 14, 1998 Subject: Hiring Process for Part-time Fire Fighter An opening was created in the part-time fire fighter ranks with the promotion of Chris Zeuli to full-time fire fighter this month. Request is made to start the hiring process now for part-time fire fighter. CITY OF STILLWATER . MEMORANDUM TO: Mayor and City Council Sharon Harrison, Assistant Finance Direct~ July 14, 1998 FROM: DATE: SUBJECT: Utility Bill Adjustments Description Recommendation 1. Leaky toilet and plumbing Fixed in April. Reduce July 1998 & future to prior 4 year average of 28/gaIlon per quarter. . . , . . . . Memorandum July 17,1998 To: Mayor & Council Marcy cord~ative Assistant Lead Worker Wages From: Re: Background The City has recently created a new Lead Worker classification-a position designed to provide work direction on a regular basis to the streets crew, in addition to regular Heavy Equipment Operator duties. The City Engineer discussed and obtained approval of the Lead Worker position at a previous Council meeting. Attached for your review is a Memorandum of Understanding between the City of Stillwater and L U. 0 .E, Local 49, establishing the 1998 wage rate for the position. The amount agreed upon, $18.10/hour, is $1.00-an hour over the Heavy Equipment Operator rate and is consistent with wages for similar positions in other cities. Recommendation Council approval. of the attached agreement between the City of Stillwater and LU.a.E., Local 49, AFL-CIO, establishing the 1998 wages for the Lead Worker position at $18.10 per hour. , .-' MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STILL WATER AND LOCAL NO. 49 INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO . The City of Stillwater and the Local No. 49, IUOE, AFL-CIO hereby agree to the following: Amending ARTICLE XXII - WAGES 22.1 The following wage schedule shall be in effect: Effective Januarv 1. 1998 Lead Worker - $ 18.10 . IN WITNESS WHEREOF, the parties have executed this memorandum of understanding on this _ day of ,1998. FOR THE CITY OF STILL WATER: FOR THE INTERNATIONAL UNION OF OPERA TNING ENGINEERS, LOCAL NO. 49: ~?f e---- . , . . ~. CITY OF STILLWATER ASSIGNMENT DESCRIPTION ASSIGNMENT: Crew Leader - Public Works Summary Assist with work direction of part-time and full-time employees. The Crew Leader will report to the Public Works Director. Any Employees assigned to the Crew Leader position remain responsible for all regular job duties, as described in their regular job description, and for all essential functions and physical abilities of the job as described in their regular job description. The Crew Leader will also assist in the following: · Assists in the direction of day-to-day program operations including staff assignments, equipment, and supplies. . Ensures that appropriate staff levels, equipment, and materials required for project completion are secured by work crews. · Provides direction to work crews for efficient completion of daily tasks. . Recommends revision of work procedures, training, and equipment to ensure achievement of Public Works objectives. · Assists supervisor in planning and scheduling long and short-term objectives. · Assists in the training of full and part-time employees. . Maintains records, as appropriate, regarding personnel, materials, equipment, federal and state laws and city policies. · Performs other duties as assigned or apparent. Qualifications Crew leaders must have the ability to lead by encouraging initiative, effective completion of work, and appropriate resource utilization. Must maintain a consistent record of attendance with no tardiness. Must have a thorough knowledge of maintenance equipment necessary to efficiently operate the assigned division. Must have complete knowledge of procedures and personnel requirements for completion of day-to-day objectives. Must have the ability to establish and maintain effective positive relationships with other city employees and positive public service relationships with members of other general public. Must have three years full- time experience in the area of streets, parks, public utilities of equipment maintenance for which the assignment is to be made. Assignment Approved: Date: Department Head Date: City Coordinator Date: Human Resources 6/24/1998 , RESOLUTION NO. 98-185 . APPROVING MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF STILL WATER AND LOCAL 49, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO WHEREAS, the City of Stillwater and the Local No. 49, IUOE, AFL-CIO hereby agree to the following: Amending ARTICLE XXII - WAGES 22.1 The following wage schedule shall be in effect: Effective January 1, 1998 Lead Worker - $ 18.10 NOW, THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Memorandum of Understanding between the City of Stillwater and Local No. 49, International Union of Operating Engineers, AFL-CIO, is hereby approved and the appropriate . city staff is authorized to sign said Memorandum of Understanding. Adopted by Council this 21st day of July, 1998. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk . STAFF REQUEST ITEM . DEPARTMENT: Engineering DATE: July 16, 1998 DESCRIPTION OF REQUEST (Briefly outline what the request is): Shawn Sanders attendance at the 1998 American Public Works Association Conference. Estimated cost is for conference fee, lodging and air fare is $900.00 . FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated withthis request and the proposed source of the funds needed to fund the request) The 1998 budget is sufficient to fund activity ADDITIONAL ITEMS ATTACHED: YES NO 2L- 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 PLACED IN THE COUNCIL MATERIAL PACKET. .MITTED BY Klayton DATE: July 16, 1998 .J . . . To: From: Through: Date: Subject: MEMO Mayor and Council Kim A. Kallestad, Fire Chief Nile Kriesel, City Coordinator July 14, 1998 Part-time Captain Promotion It is my recommendation and request to promote Stuart Glaser to the position of "Fire Captain, Part-time Paid" effective August 1, 1998. RESOLUTION NO. 98-186 APPROVING PROMOTION OF STUART GLASER TO FIRE CAPTAIN, PART-TIME PAID BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the promotion of Stuart Glaser to the rank of Fire Captain, part-time paid, from and after August 1, 1998, for a probationary period of one (1) year, is hereby approved; and as compensation the said Stuart Glaser shall receive the sum of $9.50 per hour. Adopted by the Council this 21st day of July, 1998. Jay L. Kimble, Mayor Attest: Modi Weldon, City Clerk . . . . . . MEMORANDUM TO: Mayor and City Council FR: Allen Zepper, Building Official DA: July 16, 1998 RE: Part-time, Temporary Employment of Chris Kearney and John Buckley as Building Inspectors on As-needed Basis In the past several years, Jim Arend has served as a substitute Building Official in our absence or at times of extremely heavy activity in the Inspection Department. Jim is a retired gentleman and prefers to limit his extra duties to the week of the annual conference in September. There are two other inspectors, Chris Kearney and John Buckley, who would be available on an as needed basis. It is estimated this assistance will be needed a maximum of five (5) days for the rest of the calendar year. RESOLUTION NO. 98-187 APPROVING PART-TIME TEMPORARY EMPLOYMENT OF CHRIS KEARNEY AND JOHN BUCKLEY AS BUILDING INSPECTORS ON AS-NEEDED BASIS WHEREAS, the Building Department is in need of temporary building inspectors during the absence of the Building Official or Building Inspector and during periods of heavy activity, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the part- time temporary employment of Chris Kearney and John Buckley as Building Inspectors, on an as-needed basis, is hereby approved, and that as compensation for services the said Chris Kearney and John Buckley shall receive a sum of $30 per hour. Adopted by the Council this 2pl day of July, 1998. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk .~ . . . ----. . . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET . Sum #202. P.O. Box 438 . STILLWATER. MN 55082 TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON TO: FROM: DATE: SUBJECT: MEMORANDUM Dennis Pasket, Stillwater City Parking Department David T. Magnuson, Stillwater City Attorney ~IV\ July 8, 1998 TickeTrak Contracts RICHARD D. ALLEN I've reviewed the TickeTrak Service Agreement, Terms and Conditions of Purchase and the Software License Agreement provided by Cardinal Tracking tmder their cover letter of June 18, 1998. These contracts contain generally accepted terms and I fmd nothing legally objectionable. In my opinion they are suitable for execution by the City. Please call me if you have any further questions. DTM/ds Enclosures CARDINAL TRACKING. INC. e TICKETRAK SERVICE AGREEMENT CONTRACT NO. 98T0609P This Agreement is made this day of I 1998, by and between Cardinal Tracking, Inc., a Texas corporation, hereinafter "Cardinal", and THE CITY OF STILLWATER . hereinafter "Customer". WHEREAS, Customer desires that Cardinal provide selVices for the equipment and/or software listed on Appendix A (attached hereto), hereinafter the "Products", and NOW. THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, Cardinal and Customer hereby agree as follows: Section 1. Eligibility and Term of Agreement Customer represents that it is the owner or licensee of the Products serviced under this Agreement, or, if not the owner or licensee, has authority from the owner or licensee to indude the Products under this Agreement. This Agreement shall be effective from the date accepted by Cardinal and shalL remain in force. for orie (1) year after the warranty expiration date on the initial Products, the "Anniversary Date". From time to time. Cardinal may at its own discretion agree upon a tenn other than one year. In such case. the beginning and ending date of this agreement shall be listed in Appendix D. attached hereto. ma..xed Special Tenns and Conditions. The one (1) year period from one Anniversary Date to the next Anniversary Date shall be deemed the "Anniversary Year". Cardinal may, at any time after the initial. Anniversary Date. withdraw Product models from this Agreement upon ninlt (90) days prior written notice. When a Product is withdrawn from this Agreement, the Customer will receive credit for charges already paid for service beyond the date of withdrawal. Section 2. Service Cardinal shall provide services, hereinafter "Service". to keep the Products listed on Appendix B. attached hereto in good working order in accordance with the then current applicable Cardinal SelVice Policy. A copy of such Policy for the first ,year of Service is.~ttached hereto as Exhibit A. SelVice shall indude labor. parts. tools. and test equipment .necessary for the service and support of the Products being selViced. New or equivalent to new standard parts shall be used in effecting repairs. Parts shall be provided on a~ exchange basis and replaced parts shall become the property of Cardinal. Cardinal shall have reasonable access to the Products to provide Service thereon. Section 3. Yearly Charges Service charges. as specified in Appendix A. attached hereto. for each Product and any products purchased or licensed subsequent to the effective date of this Agreement, shall commence upon the expiration of the manufacturers warranty period for said Product. The yearly charges shall be prorated based upon actual warranty expiration dates. Yearly charges shall be invoiced thirty (30) days prior to the first day for which Services are to be provided. All invoices for yearly charges shall be paid by Customer thirty (30) days from date of receipt of invoice. Cardinal may change the yearly charge upon ninety (90) days prior written notice. Any such adjusted rates shall become effective on the date specified in the notice and such change shall not be effective prior to the initial Anniversary Date. In no event shall the rates be modified more than once during each Anniversary Year. Ch<!nges requested by Customer, to Product specifications or functionality, attachments. or features. may result in an adjustment of the specified basic yearly charge. pae Cardinal Tracking, Inc. TlClceTrak Service Agreement City of Stillwater Parking Department 6/18/98 Initials e. e e Section 4. Taxes In addition to the charges due under this Agreement. Customer agrees to pay amounts equal to any taxes and duties resulting from this Agreement, or any activities hereunder, exduslve of taxes based upon net income. In the event Customer is a tax exempt entity, Customer shall provide Cardinal with a copy of its Tax Exemption Certificate upon execution of this Agreement. Section 5. Early Termination This Agreement is effective from the date on which it is accepted by Cardinal and will remain in effect until terminated at the option of either party as provided in Sedion 1 herein, or upon the occurrence of any of the following: If a party becomes insolvent, executes an assignment for the benefit of creditors, or becomes subject to bankruptcy or receivership proceedings. If a party breaches a material provision of this Agreement, the other party may give wlitten notice of the breach:' If the breaching party fails to make progress to cure the breach to an extent . satisfactory to the nonbreaching party within thirty (30) days. the nonbreaching party may terminate this Agreement upon written notice. Upon the occurrence of such default, the other party may. at its option and without notice to or demand on the party in default, declare this Agreement tenninated. Customer shall receive a credit for any charges already paid for Services beyond the date of tennination. however, in the event of nonpayment, all accrued charges shall become immediately due and payable. (a) (b) Section 6. General (a) Sublease and Assignment. Neither party may sublease or assign its rights or obligations under this Agreement without the written consent of the other party. (b) Governing law. This Agreement and perfonnance hereunder shall be governed by and construed in accordance with the laws of the State of Texas, U.SA (c) Enforceability and Attomey Fees. If any provision in this Agreement shall be held to be invalid. illegal or unenforceable, the validity. legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. In the event of litigation to enforce th~ teons of this Agreement, the prevailing party shall be entitled to reasonable attomey fees, both at the time of trial and on appeal. (d)" Concurrent Remedies. No right or remedy herein conferred upon or reselYed to either party is exdusive of any other right or remedy herein or by law or equity provided or pennitted; but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute or othelWise and may be enforced concurrently therewith or from time to time. (e) Notices and Requests. Notices hereunder shall be in writing and shall be given by either party to the other by delivery or by mailing the same by prepaid registered mail addressed as specified below or to such other address as may be substituted by written notice by either party to the other. Customer. The City of Stillwater Parking Department 216 N. Fourth Street Stillwater, MN 55082 Cardinal: Cardinal Tracking and Management Systems, Inc. 3205 Justin Road Flower Mound, TX 75028 Page 2 Cardinal Tracking, Inc. TlCl<eTrak Service Agreement City of Stillwater Parking Department 6/18/98 Initials Any such notice so given shall be deemed to have been received by the party for whom addressed on the day of delivery thereof. . (f) Entire Agreement. Each party acknowledges that it has read this Agreement, understands it, and agrees to be bound by its tenns and further agrees that it is the complete and exclusive statement of the agreement between the parties with respect to SelVices. Any terms and conditions appearing on Customer's authorizations shall not apply to or become a part of this Agreement; the Agreement may be modified or altered only by a written instrument that refers to and incorporates this Agreement and is duly executed by an authorized representative of each party. (g) Headings Not Controlling. Headings used in this Agreement are intended for convenience or reference only and shall not control or affect the meaning or construction of any provision of this Agreement. Section 7. Force Majeure Neither party hereto shall be responsible for any failure or delay in the performance of any obligation hereunder if such failure or delay is due to a cause beyond the party's control, including, but not limited to acts of God, flood, "fire, volcano, war, third-party suppliers, labor disputes or governmental acts. Section 8. Liability and Disclaimer of Warranty and Indemnification IN NO EVENT SHALL CARDINAL BE UABLE, WHETHER IN CONTRACT. NEGLIGENCE, TORT, OR ON ANY OTHER BASIS, INCIDENTAL, CONSEQUENTIAL OR EXEMPlARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE, MAINTENANCE, USE, PERFORMANCE, FAILURE OR INTERRUPTION IN THE OPERATION OF THE PRODUCTS. CARDINAL OFFERS NO WARRANTIES, EXPRESS OR IMPUED. INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Customer agrees to indemnify Cardinal against any and all loss or damage claimed by third parties as a result of the selVice provided by Cardinal and described herein that is caused by Customer, its agents or employees, induding without Iim~ation attorneys fees reasonably incurred in the defense of such action~ Cardinal agrees to indemnify cust. against any and all loss or damage claimed by third parties as a result of the selVice provided by Cardinal that is ca by Cardinal, its agents or employees, including without fimitation attorneys fees reasonably incurred in the defense of such action. Section 9. Pricing The total price of this TickeTrak Service Agreement shall be: ~ NO COST THE FIRST YEAR. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first above written by their duly authorized representative. CUSTOMER: THE CITY OF STILLWATER CARDINAL TRACKING INC. By: By: Name: Name: Kevin A. Taoolv Tale: Tale: President Date: Date: Tax Exempt: No Yes If yes, attach a copy of Tax Exemption Certificate. If a.corporation, name the State or Province in which incorporated: P. Cardinal Tracking, Inc. TlCkeTrak Service Agreement City of Stillwater Parking Department 6/18/98 Initials . TERMS AND CONDITIONS OF PURCHASE Terms and Conditions of Purchase THE FOLLOWING TERMS AND CONDITIONS ("TERMS AND CONDITlONS") GOVERN THE SALE AND LICENSING BY CARDINAL TRACKING AND MANAGEMENT SYSTEMS, INC. ("CARDINAL") OF THE PRODUCTS LISTED ON THE CUSTOMER INVOICE (THE .PRODUCTS"). INCLUDING SOF1WARE PRODUCTS (THE .SOFlWARE PRODUCTS") AND HARDWARE PRODUCTS (THE .HARDWARE PRODUCTS"). ANY CHANGES IN THESE TERMS AND CONDITIONS MUST SPECIFICALLY BE AGREED TO IN WRITING BY CARDINAL AND CUSTOMER BEFORE BECOMING BINDING ON EITHER CARDINAL OR CUSTOMER. CARDINAL OBJECTS TO ANY ADDITIONAL OR DIFFERENT TERMS AND CONDITlONS. Price The price or license fee of The Products purchased or licensed hereunder shall be set forth in Attachment 1, Price Proposal. Pri~ do not include freight, insurance, customs duties or other similar charges which will be added to the plice or separately invoiced to Customer. . Taxes Unless othelWise provided, the amount of any present or future sales, revenue, excise, use or other taxes, fees, or charges of any nature imposed by any public authority Qocal, state, national, or other) applicable to the Products or their manufacture, use or sale, will be paid by Customer, or in lieu thereof, Customer shall provide Cardinal with a duly executed resale certificate in a form set forth under the applicable law or regulations. Order All orders are subject to acceptance by Cardinal. Payment Terms .J .. :: . l . ~ "" ,; Customer shall pay for new system or major system upgrade purchases under these Terms and Conditions in three equal installments, as follows: (1) One-third of total purchase price at the time of signing of this contract; (2) One-third of total purchase price upon completion of installation and initial training by Cardinal; and (3) One-third of total purchase price within thirty (30) days from the date of installatio!1, or by such payment teons as Cardinal may specify in its sole discretion. Customer shall pay all invoices issued under these Terms and Conditions for subsequent purchases within thirty (30) days from the date of invoice or by such payment terms as Cardinal may specify in its sole discretion. Shipments, deliveries, and performance of work will at all times be subject to the approval of Cardinal's credit department. All sums not paid when due shall accrue interest daily at the lesser of an annual rate of 18% or the highest rate permissible by law on the unpaid balance until paid in full. If Customer fails to pay money due and owing to Cardinal, Customer shall pay any reasonable costs and expenses incurred by Cardinal to collect such sums owed by Customer, including attorneys' fees and costs of suit, in addition to all such monies due. . Security Interest Cardinal retains a security interest in the Products delivered to Customer, and in their accessories, replacements, accessions, proceeds, and products, including accounts receivable (collectively, the .Collateral") to secure payment of all amounts due under these Terms and Conditions. If Customer failsh Cu-dinal Tracking. Inc. Terms lUId ClnditiOf15 ofPurc:hase City of Stillwater Parking Dcpl 6/1 &/98 Page 1 ofs Initial to pay any amount when due, Cardinal shall have the right to repossess and remove all or any part of the . collateral from Customer, but not from Customer's customers. Any repossession or removal will be without prejudice to any other remedy of Cardinal hereunder, at law or in equity Customer agrees, from time to time, to execute and deliver any document (induding without limitation financing statements) reasonably requested by Cardinal to transfer, create, perfect, preselVe, protect and enforce this security interest. Delivery and Shipment Delivery shall be F.O.B. Cardinal's point of shipment. Title to the Products, or in the case of Software Products, the media containing such Software Product, and risk of loss and dalT]age to the Products, shall pass to Customer upon delivery to a common carrier at Cardinal's point of shipment, the carner acting as Customer's agent. Cardinal will ship in accordance with Customer's shipping instructions. In the absence of specific instructions or if Cardinal believes that Customer's instructions are unsuitable, Cardinal will ship by UPS with insurance,burwiIl not assume any . liability in connection with such shipment. Software No title to or rights of ownership in any Software Products (induding any copies of or updates to such Software Products), other than the media containing such Product, provided hereunder is granted to Customer or to the end-user of the Software Products (the -End User") under these Terms and Conditions. Any Software Product acquired by Customer from Cardinal (for personal use) shall be governed by the terms and conditions of the applicable license agreement accompanying the Software Product. Any Software product acquired by customer from Cardinal for redistribution by Customer shall be distributed with all packaging, warranties, disclaimers, and license agreements intact, as Shipped from Cardinal, and Customer shall use its best efforts to instruct each End User, as to the license agreement . applicable to such Software Product. Customer shaD not reproduce, modify, decompile, or reverse engineer the Software Products and shall use its best efforts to ensure that its customers and the End users do not reproduce, modify, decompile, or reverse engineer such Software Products. Acceptance Any Product sold or licensed under these Tenns and Conditions shall be deemed accepted by Customer within ten (10) days of receipt unless Customer gives notice ,to Cardinal within that period. customer's sole and exdusive remedy shall be to return the Product and receive a new unit of the Product. Cardinal reselVes the right to charge Customer a reasonable fee for (i) testing any returned Products found to be in working order and (ii) repairs made to returned Products which are delivered to Cardinal damaged or with parts missing where such parts were originally shipped to Customer. Manufacturer's Warranty Returns If the Product is currently covered under a Manufacturer's warranty and the manufacturer has designated Cardinal as an authorized site to repair, replace or service the Product (as set forth in the current Cardinal Tech Tips publication), Customer may return the Product to Cardinal in accordance with the procedure set forth in Section 10 rProcedure for Retumsj hereunder. Procedure for Returns Products may only be returned to Cardinal upon Cardinal's express written authorization and issuance of a Return Material Authorization number ("RMA j. Upon receipt of a RMA, Customer may return the Product to Cardinal, freight prepaid. The RMA must be dearly marked on the outside of the shipping carton containing the returned Products. In addition, Customer shall enclose a copy of customer's . CanIina1 Tradcing. lac. Tams and Cooditioos of Purchase city of Stillwater Psrking Dept 6/18198 Page 2 of5 Initial . original invoice with the returned Products. Cardinal reserves the right to refuse acceptance of any Products that do not bear the RMA outside of the carton. Return; Restocking Charge Products returned to Cardinal, other than for purposes of warranty repair under Section 9 rManufacturer's Warranty Returnsj or for exchange under Section 8 rAcceptancej, are subject to a restocking fee of 25% of the non-discounted price, plus any charges for refurbishing and repairs deemed necessary by Cardinal. Rescheduling and Cancellation Customer may reschedule or cancel an order issued under these Terms and Conditions only upon written request submitted to Cardinal. Any request to cancel or reschedule any shipment, which request is received less than 10 days before the estimated shipping date, may be rejected as untimely or, at the option of Cardinal, may be accepted subject to payment of a cancellation or Rescheduling charge in the amount of 5% of the non-discounted price of each Product affected. . Disclaimer of Warranties EXCEPT AS TO WARRANTIES, IF AW(, PROVIDED BY THE MANUFACTURER OR CARDINAL'S SUPPLIER OF THE PRODUCTS, THE PRODUCTS ARE PROVIDED TO CUSTOMER BY CARDINAL ON AN -AS IS. BASIS AND CARDINAL DISCLAIMS ANY WARRANTY, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABIUTY OR FITNESS FOR A PARTICUlAR PURPOSE, AND FURTHER DISCLAIMS ANY WARRANTY OF NON- INFRINGEMENT. Cardinal hereby agrees to pass on to Customer all warranties, if any, received by Cardinal from the manufacturer or Cardinal's supplier of the Product by virtue of Cardinal's purchase or license of such Product; provided however, that Cardinal makes no representation as to the availability of warranty remedies against such manufacturer or supplier. Indemnification Customer agrees that it will, and hereby does, indemnify Cardinal from any and all loss or damage claimed by third parties as a result of use of the products or services for the benefit of such third parties, including, without limitation, attorneys' fees reasonably incurred in the defense of such action. Cardinal agrees to indemnify Customer against any and all loss or damage daimed by third parties as a result of the service provided by Cardinal that is caused by Cardinal, its agents or employees, including without limitation attorneys fees reasonably incurred in the defense of such action. Limitations on Liability a) Consequential Damages. CARDINAL DISClAIMS All LIABILITY FOR, AND CUSTOMER SPECIFICALLY WAIVES All RIGHTS TO, Aw( SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING Aw( DAMAGES TO PROPERTY OR ANY DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, OR GOODWIll, WHICH CUSTOMER MIGHT SUFFER DIRECTLY OR INDIRECTlY AS A RESULT OF AW( USE OF THE PRODUCTS BY CUSTOMER OR ANY BREACH OF ANY WARRANTY, REPRESENTATION OR COVENANT BY CARDINAL. THE MANUFACTURER, OR CARDINAL'S SUPPLIER . b) limitation of liability. Notwithstanding any other provisions of these TelTTls and Conditions, Cardinal's liability to Customer shall be limited to 50% of the total payments made by Customer to Cardinal under these Terms and Conditions in the most recent full calendar year. The essential purpose of this provision is to limit the potential liability of Cardinal arising out of these Terms and Conditions. Cvdinal. Tradcing. Inc. Tenus and Cooditioos ofPurcha.sc city of Stillwater Parking Dcpt. 6/18198 Page 3 00 Initial Force Majeure Cardinal shall not be liable for any delay or default under these Tenns and Conditions if such delay or default is directly or indirectly due to causes beyond the reasonable control and without substantial fault or negligence of Cardinal. . Compliance with U.S. Export Laws Customer agrees that it will not export or re-export any Products in any fonn without the appropriate United States and foreign government licenses. In addition, Customer hereby assures Cardinal that Customer will not knowingly, without the prior authorization, if required, of the Office of Export Administration rOEA"). U.S. Department of Commerce, 14th and Constitution Ave., N.W. Washington, D.C. 20230, export or re-export (as defined in Section 379.1 (b)-(c) of the Export Administration Regulations-"Regulations"-and any amendments thereto): (i) the Products or Qi) the immediate product (including processes and services) produced directly by use of the Products to Afghanistan, the People's Republic of China or to any Group Q, S, W, Y or Z country specified in Supplement No. 1 to Section 370 of the Regulations as amended from time to time. Customer. agrees that its obligations pursuant to this paragraph shall survive and continue after any expiration of rights under this Agreement. Miscellaneous a) These Tenns and Conditions shall be governed by and construed in accordance with the laws of the State of Texas without gMng effect to principles of conflict of law. All disputes brought by Customer arising under these Tenns and Conditions shall be brought in the appropriate state court in Denton County, Texas or the United States District Court for the Northern District of Texas, as permitted by law. All disputes brought by Cardinal arising under these Tenns and Conditions may be brought in the jurisdiction where the transaction occurred, or in the jurisdiction described above. . b) If any provision contained in these Tenns and Conditions is detenninedto be invalid or unenforceable, in whole or in part, the remaining provisions and any partially enforceable provision will, nevertheless, be binding and enforceable, and the parties agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision. c) Customer shall not assign or transfer, by operation of law or othelWise, any of the rights granted under these Tenns and Conditions without Cardinal's written consent and any such assignment or transfer shall be void. . d) Failure by either party to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of such rights. e) Any notices to be given hereunder will be given in writing at the address of each party set forth in the Customer invoice or to such other address as either party may substitute by written notice to the other. All notices shall be effective upon mailing if mailed at a U.S. Post Office, first class mail, postage prepaid. THE TERMS AND CONDITIONS SET FORTH HEREIN AND ANY SUBSEQUENT AGREEMENTS BY WAY OF ATTACHMENTS (SEE APPENDIX "AB) REPRESENT THE ENTIRE AGREEMENT BETWEEN CARDINAL AND CUSTOMER WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PRIOR AGREEMENT OR NEGOTIATIONS. . Cardinal Tracking, Ine. Tc:nns and Cooditioos of Purchase City of Stillwa1et Parlcing Depl 6/18/98 Page 4 of5 Initial . Offered Cardinal Tracking and Management Systems, Inc. 3205 Justin Road Flower Mound, Texas 75028 Name: Kevin A. Taoolv Signature: Title: President Date: Accepted The City of Stillwater Paridng Department 216 N. Fourth Street Stillwater, MN 55082 . Name: Signature: Title: Date: . Cacdinal Tra.cIcing, Inc. Tcnn.s and Conditioru ofPurcba.se City of Stillwater Paricing Dcpl 6/18198 Page S ofS Initial SOFTWARE LICENSE AGREEMENT . 1. GRANT OF LICENSE: This License Agreement pennits you to use one copy of the specified Cardinal software program (the .SOFTWARE") on a single computer. The SOFTWARE is in .use. on a computer when it is loaded into temporary memory Q.e., RAM) or installed into pennanent memory (e.g., hard disk, CD-ROM or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution shall not constitute .use" for which a separate license is required, provided you have a separate license. for each computer to which the SOFTWARE is distributed. 2. COPYRIGHT: The SOFTWARE is owned by Cardinal or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either. (a) make one copy of the SOFTWARE solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE. 3. OTHER RESTRICTIONS: You may not rent lease or sell the SOFTWARE or its updates. You may not reverse engineer, decompile or disassemble the SOFTWARE. 4. DUAL-MEDIA SOFTWARE: If the SOF1WARE package contains both 3.5" and 5.25" disks, then you may use only the disks appropriate or your single-user computer. You may not use the other disks on another computer or loan, rent, lease or transfer them to another user except as part of the pennanent transfer (as provided above) of all SOFTWARE and written materials. 5. LIMITED WARRANTY: Cardinal warrants that (a) the SOFTWARE will perfonn substantially in . accordance with the published specifications for a period of ninety (90) days from the date of receipt Any implied or expressed warranties on the SOFTWARE and hardware, if any, are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. 6. CUSTOMER REMEDIES: Cardinal and its suppliers' entire liability and your exclusive remedy shall be repair or replacement of the SOFTWARE that does not meet Cardinal's Limited Warranty. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services are available outside the United States. 7. NO OTHER WARRANTIES: THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. INCLUDING. BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Further, to the maximum extent pennitted by applicable law, in no event shall Cardinal or its suppliers be liable for any damages whatsoever. including. without limitation. damages for loss of business profits. business interruption, loss of business infonnation. loss of savings, or any other pecuniary loss or incidental or consequential damages arising out of the use of or inability to use this Cardinal product or the breach of any express or implied warranty, even if Cardinal has been advised of the possibility of such damages. Because some statesljurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. 8. INDEMNIFICATION. By acceptance of the software, you agree to, and do hereby, indemnify Cardinal against any and all loss or damage daimed by third parties and caused by you or your employees' or agents' improper use of the SOFTWARE. including, without limitation, attorneys' fees reasonably incurred in the defense of such action. Cardinal agrees to indemnify Customer against any . and all loss or damage daimed by third parties as a result of the service provided by Cardinal that is Cardinal T ra.cking. IDe. Software li~nsc Agreement city of StiIlwatcr Parking Department 6/18/98 Page 1 Initial . caused by Cardinal, its agents or employees, induding without limitation attorneys fees reasonably incurred in the defense of such action. 9. U.S. GOVERNMENT RESTRICTED RIGHTS: The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Cardinal Tracking, Inc., 3205 Justin Road, Flower Mound, Texas 75028. If you acquired this product in the United States, this Agreement is governed by the laws of the State of Texas. Should you have any questions concerning this Agreement, or if you desire to contact Cardinal for any reason, please write to Cardinal Tracking, Inc., 3205 Justin Road, Flower Mound, Texas 75028 or call 1- 800-285-3833. Offered: CARDINAL TRACKING. INC. Accepted: THE CITY OF STILLWATER By: By: Name: Kevin A. Taoolv Name: . Trtle: President Title: Date: Date: . c.u-dinal Traclcing. Inc. Software License Agreement city of Stillwater Paric.ing Department 6/18/98 Page 2 Initial r 1..61' ~.--.... Depl. PURCHASE ORDER CITY OF STILLWATER parking 216 N. FOURTH STREET STILLWATER, MINN. 55082 ORDER BATCH NUMBER VENDOR # INVOICE # CARDINAL TRACKING, INC. ~ VY\ ~Ii 5 .5 €- ( \ DATE 060898 19_ 3205 Justin Road, Flower Mound, Texas 75028 ORDERED BY Beberg FUND ACCOUNT 4720-53.00 UNIT . QUANTITY DESCRIPTION PRICE AMOUNT IMPORT ANT Orders are not valid unless rendered on 1 Base module $3,695.00 this form and property signed. I TickeTrak/re1ated equipment $2,938.85 1 Training $ 750.00 Place this order number on your claim. 125 Rolls pre-printed tickets $1,098.75 1 Plate composition fee $ 90.00 10M Prepayment envelopes $ 657.30 $9,229.90 PLEASE INCLUDE SALES TAX Use/Sales Tax $ 551.19 TOTAL $10,531. 09 . , MAIL INVOICE TO (Dept. LIsted Above) 216 N. Fourth Street Stillwater, Mlnn 55082 612-439-6121 SIGNED TITLE Finance Direc tor ORIGINAL .,: . - . . '. RESOLUTION NO. 98-188 APPROVAL OF AGREEMENT BETWEEN THE CITY OF STILL WATER AND CARDINAL TRACKING, INC., FOR TICKETRAC PURCHASE, SERVICE AGREEMENT, AND SOFTWARE LICENSE BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreement between the City of Stillwater and Cardinal Tracking, Inc., for TickeTrac purchase, service agreement, and software license is hereby approved, and the Mayor and appropriate city staff are authorized to sign said Agreement. Adopted by Council this 21st day of July, 1998. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk Memorandum . July 17, 1998 To: . From: Re: Janitorial Services for City Hall Background The agreement between the City of Stillwater and H.C. Cleaning, our current janitorial service, expired on June 30 of this year. Due to difficulties arising from H.C.'s frequent turnover of cleaning staff, in addition to concerns about pricing in excess of market rates (H.C. requested a contract renewal rate of $3,550 per month), staffbegan a process of evaluating proposals from other cleaning services. Most of the services submitting proposals have organizational structures similar to H.C. . Cleaning. That is, they are small businesses that employ cleaning staff at $8.00 - $10.00 per hour, and in the current market generally have a difficult time retaining employees. Instead, staff recommends that the City retain Coverall of the Twin Cities, Inc., a larger cleaning company that offers franchises to local residents to start their own cleaning businesses. Under this operational structure, the actual owners of the franchise will also be the people who clean our building, providing more consistency in staffing and service. In addition, the City should see substantial savings over our current contract. Coverall has agreed to clean City Hall for $2,225.00 per month, plus some additional costs for carpet cleaning and spot waxing or floor buffing. Overall, staff expects to see yearly savings of approximately $10,000 per year over H.C. Cleaning's costs. Recommendation Council approval of the attached Janitorial Services Agreement, between the City of Stillwater and Coverall of the Twin Cities, Inc., for the period from August 1, 1998 July 31,1999, for $26,700.00. \. . . .. Janitorial Services Agreement 1. This document shall be considered an agreement between the City of Stillwater and Coverall of the Twin Cities, Inc., for the provision of janitorial services at Stillwater City Hall, 216 No. Fourth Street, Stillwater, MN 55082. The agreement shall include the entire City Hall and Police Department complex, with the exception of the Police Department garages, property room, evidence processing room and the Stillwater Fire Station. This agreement shall be considered in effect from August 1, 1998 through July 31, 1999, unless otherwise terminated under the provisions of this agreement. 2. The services provided by Coverall of the Twin Cities, Inc., shall be compensated at a monthly rate of$2,225.00, with no additional fees or charges unless identified in this agreement. The agreed upon monthly payment is due on or before the first day of each month in which the services a re rendered. Credits for recognized holidays were predetermined and were considered in the establishment of the monthly charge. No additional adjustments will be made for holidays. 3. Coverall of the Twin Cities, Inc., will perform all janitorial services specified in the attached work schedule in a full and complete manner 4. Coverall of the Twin Cities, Inc., will provide all equipment and chemical supplies, with the exception of liners and toiletries, which will be purchases and supplied by the City of Stillwater. 5. The contract may be canceled by either party with a thirty (30) day written notice. 6. The areas to be cleaned under this agreement are as follows: 1) All areas on the first, second and third level of the "main" municipal building located at 216 North Fourth Street, Stillwater, Minnesota 55082, including the police department, the P9lice garage, and the hallway between the main building and the fire department annex but excluding the fire department annex. - 2) The stairways and entryways to the basement level of the main building and to a limited extent the floors of the basement level of the "main" building plus locker rooms and other tiled-floor area in the basement level. 7. All cleaning shall be provided between the hours of 4:30 p.m. and 8 a.m., Monday through Friday unless otherwise authorized by the Facilities Manager. The cleaning must accommodate public use of the council meeting room. Cleaning of the Police Department offices/rooms shall only be performed between the hours of 8 a.m. and 4:30 p.m. or when Police Administrative Personnel are available to observe the cleaning activities in the Police Department office or areas. 8. In the event that City Hall is closed because of a holiday, it shall be the responsibility of Coverall of the Twin Cities, Inc., to determine the cleaning hours (within established parameters) required to have the facility cleaned prior to the start of the next normal business day. City Hall will not be cleaned on the following holidays: New Years Day Martin Luther Day Washington and Lincoln's Birthday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day . 9. Coverall of the Twin Cities, Inc., will be provided with the necessary door keys and combinations codes required to access the facility, with the exception of the Police Department. Access to the facility by anyone other than a current employee of Coverall of the Twin Cities, Inc., is prohibited. 10. Coverall of the Twin Cities, Inc., will, prior to commencement of services provided for in . this contract, provide the City of Stillwater with the names of all employees scheduled to have access to the Stillwater City Hall Complex 11. The schedule for the performance of janitorial services shall be performed as follows: DAIL Y DUTIES Entrance Clean windows and doors Vacuum mats Sweep and wet mop floors (including lobby, hallway areas on 2nd and 3rd floor). First Floor Sweep and wet mop floors (police lobby and police offices) Restrooms: Clean and disinfect all fixtures Wipe mirrors Re-stock supplies Sweep and wet mop floors All Areas Empty and recycle trash Clean drinking fountains Dust mop floors . .. . . DAIL Y 3x WEEK Office Areas Vacuum carpet Dust desks, file cabinets, shelves, and office dividers Dust and wet mop floors Spot clean, walls, doors, and carpet Pick up trash and refuse and dump into outside waste container. Stairwells (front and back) Sweep and wet mop floors Police Garage Sweep garage area, empty trash WEEKL Y SERVICES All metal framing, wall surfaces, grillwork, railing, etc., damp wiped and washed Clean and polish all door handles, push plates and stair railings. Clean and damp wipe, chairs, floor mats, benches, tables, counters, planters, covers on perimeter heating, partition tops, file cabinets, book shelves, wall mounted lights, clocks, visible ducts work, interior ledges and coat racks. All counters of Formica, wood and other materials shall be cleaned and polished. Polish all stainless steel using stainless steel polish. Dust railings in stairwells FOUR WEEK SERVICE Tour building with Facilities Manager. Wash all vinyl chairs. Clean all marks from cove base (baseboard in general). Vacuum work station fabric partitions and/or walls. Vacuum and spot clean all upholstered furniture including chairs. Wash all waste receptacles. TWELVE WEEK SERVICE Restrooms: Totally scrub down entire restrooms, walls, partition doors, fixtures, cabinets, mirrors, toilets, urinals, sinks, counters, vents and miscellaneous fixtures. Vacuum air diffusers and air vents. All other areas: Clean mini blinds, standard Venetian blinds, window shades, vertical louvers and vacuum drapes. A record of all work performed to meet this schedule shall be kept and reported to the Facilities Manager upon request. Thoroughly clean all ceiling mounted light fixtures. YEARL Y SERVICE Strip and refinish all tiled floors with approved coating Scrub and refinish all tiled floors with approved coating . . . . J. .~ ; . COVERALL'S work schedule T 1. OFFICES, ENTRANCES, RECEPTION AREAS, HALLWAYS, CONFERENCE ROOMS, ETC. V" v ,.. v "'f' .,.. v * Dust & spot clean all fIxtures and office furniture including desks, credenzas, counter tops, display units & windows ledges. Spot clean doors, door frames and light switches, spot clean walls, properly position furniture in offices. * All waste paper receptacles emptied and trash taken to a designated area in the building for storage or removal. Paper recycling to be taken to recycling collection bin. * All internal glass partitions and entrance glass dusted; smudges and fingerprints removed. * Clean and sanitize drinking fountains. FIVE TIMES PER WEEK FIVE TIMES PER WEEK FIVE TIMES PER WEEK FIVE TIMES PER WEEK * Damp wipe all high and low shelves, surfaces and corners beyond the ONE (1) reach of normal dusting. Dust all picture frames. TIME PER WEEK * All offices wood furniture, desks credenzas, shelves, etc. polish with the highest quality furniture polish. * All telephones cleaned and sanitized. ONE (1) TIME PER MONTH ONE (1) TIME PER MONTH v v v v .., v 1 i v '1 j v 1 J l ! 1 ! .l * All fabric type furniture vacuumed or brushed clean, all plastic and leather furniture dusted. * All chrome chair and table legs dusted. * Dust all venetian blinds. * D '1. ust cel mg vents. n.FLOORS,CARPET,TaE,CONCRETE * Vacuum and remove spots from all carpeted areas and vacuum all walkoff mats. * Entry area mats vacuum daily. * All ceramic and resilient. floor areas dust mopped * Entry area floors damp mopped daily. * All ceramic and resilient floor areas damp mopped. * Police area garage swept and hosed off. ONE (1) TIME PER WEEK . ONE (1) TIME PER WEEK FOUR (4) TIMES PER YEAR FOUR (4) TIMES PER YEAR THREE . TIMES PER WEEK FIVE TIMES PER WEEK FIVE TIMES PER WEEK FIVE TIMES PER WEEK THREE TIMES PER WEEK. ONE TIME PER WEEK . -, 1 1. ; , ;;. ." ~ ~ ..... 1. ~ v v v T ,.. v .,.. Ill.KITCHEN, CAFETERIAS, LUNCH ROOMS, COFFEE AREAS * All kitchen counters, tables and sinks cleaned with an approved disinfectant. F1VE TIMES PER WEEK * Chairs and tables placed in order, debris removed. F1VE TIMES PER WEEK IV.RESTROOMS * Clean and polish all dispensers and fIxtures. Clean and disinfect wash F1VE basins, toilet bowls and urinals. TIMES PER WEEK * Spot clean tile walls and toilet partitions. Mop all restroom floors with a germicidal solution. F1VE TIMES PER WEEK * All restroom partitions washed and cleaned with a germicidal detergent. FOUR (4) TIMES PER YEAR * Polish all metal and mirrors. F1VE TIMES PER WEEK * All restroom products restocked. F1VE TIMES PER WEEK V. FLOOR MAINTENANCE, CARPET, TILE, ETC. * Spot clean carpets. F1VE TIMES PER WEEK * Buff and polish (spray buff) all ceramic and resilient floor areas. -.E I X rY1 ON-rH v v v v T v T .J v J .. ~ "' ~ .~ ~ 1 J * As an industry practice the following services are not generally included in the standard monthly contract amount but are available from Coverall and will be quoted upon request: . * Bonnet (tip) clean carpets. * Steam (hot water extraction) clean carpets. * Scrub and refinish all ceramic and resilient floor areas. * Strip and wax all ceramic and resilient floor areas. * Change light bulbs. VI.CLOSING INSTRUCTIONS * The following procedures are followed by Coverall personnel each time they clean your facility: * Maintain janitor's closet in a neat and orderly fashion. . * Turn off all lights as designated by customer. * Lock all doors and windows as designated by customer. * Set all alarms. . 07/17/1S98 a9:39 6128357442 COVERAl...l FAGE 132 . UNITED STATES A rhJn ta 8,1 Jrimore BirmiflghJn1 BO$ron 8ridgeporr Ch<irlorre Chic,lg0 Cindl1nclt; CleveJ"nd CoJlImbus D,l/JJS Dayton Denver Detroit . Ft. LiluderdCJ/e Fr. Myer3 Gainesville Grand R,1pids Greensboro Greenvilte Hanford HOllstol1 'Indianapolis. Jacksonville Kansas City '. LJS Vegas .. . LeJ(inC!ton Long Is7and Los Angeles' Louisville Madison Memphis 'Miami Milwaukee Minn~apolis Modesto No. New Jersey Nodolk OrJando Palm Be.1ch Phifrtdelplli(l Pittsbu'8h PortJ,1nd '. Provid~llce . RaleighlOllfham - Richmond Silcr,1mell/O San Bem,lrdino San Dieso Seartle 51. touis Tampa Toledo tV3sh'inSlot'l. D.C. Worcester lNTERNA TIONAI . . C<lI1Jda Chilo .. lc1p,m Sourh Afril\~ Spain Th.Jil,md ..V!!IDa&.1= CLEANING c ON C E PT S Coverall oi the Twin Cities, Inc. 7831 Glenroy Rd., Suite 211 . Bloomington, MN 55439.612/835-1400. Fax 612/835-7442 July 17, 1998 Stillwater City Hall Attn: . Marcy Cordes 216 North Fourth Street Stillwater. MN 55082 RE: Addendum To Proposal 6-30-98 Dear Marcy: Coverall of the Twin Cities will provide Stillwater. City Hall with the following additional special services at the following rates: . - Carpet Maintenance . Hot Water Extraction * Per Square Foot '" Minimum $ .08/sq it $125.00 (1600 sq ft) - Vinyl Tile . Scrub and Recoat (2 coats) * Per Square -Foot * Minimum $ .08/sq ft S115.00 (1500 sqft) . Strip and Rewax (Scoats) '" Per Square Foot " Minimum $ ,19/sq ft $175.00 (lOOn sq ft) · Spray Buffing '" Per Square Foot '" MInimum $ .02/sq ft $ 50.00 (2500 sq ft) Sincerely. .,...-:-. . ~ Timothy Fink Account Representative TF:lg The Art And Science Of Cleaning '" ~ T v 'V v T v T Signed by COVERALL'S cleaning contract agreement . The undersigned hereby accepts the proposal of COVERALL OF THE TWIN CITIES, INC. to supply janitorial services for our premises described as follows: Stillwater City Hall 216 North 4th Street Stillwater, MN 55082 with the following terms: * 1. COVERALL'S service charge will be $2225.00 per MONTH. Service will be provided in accordance with COVERALL'S work schedule attached hereto and an integral pa..rt of this agreement. (Price listed above does not include applicable local sales tax.) * 2. COVERALL will perform all janitorial services specified in the attached work schedule in a good and workman like manner consistent with industry standards. At no time and in no event shall COVERALL be responsible for the clean-up or disposal of hazardous materials belonging to Customer or its clients. In the event of non- performance by COVERALL, the customer shall first give verbal notification, followe. by written notification to COVERALL. * 3. All equipment and cleaning supplies will be furnished by COVERALL, with the exception of liners and toiletries which can be provided at wholesale prices. * 4. The price quoted above is good until ~J)1999 unless customer changes scope of job. (Price increases in 1997, 1996, 1995 and 1994 averaged 4%.) * 5. This contract may be cancelled with a thirty (30) day notice. In the event the customer cancels without a thirty (30) day prior notice, COVERALL shall be entitled to one month's service charge. * 6. In the event of default on payment, customer agrees to pay such additional sum as the Court may adjudge reasonable as attorney's fees and all Court costs. This agreement entered into and accepted on this _ day of , 199_ by: CUSTOMER CO~~ \\J "< ~ " Signed On behalf of COVERALL OF THE TWIN CITIES, INC. Service to commence A-UC-u S I 1. I I q q ~ . . . RESOLUTION NO. 98-189 AFPROV AL OF AGREEMENT BETWEEN THE CITY OF STILL WATER AND COVERALL OF THE TWIN CITIES, INC., FOR JANITORIAL SERVICES BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreement between the City of Stillwater and Coverall of the Twin Cities, Inc., for janitorial services is hereby approved, and the Mayor and appropriate city staff are authorized to sign said Agreement. Adopted by Council this 21st day of July, 1998. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk , . Q!iIlwate~ , . E~ . T " , l' C E a, MI.., S ~) Application for Special Event . Organization Final Stretch, Inc. Contact Person _Craig Junkermeier Address _P.O. Box 2171 City _Stillwater State MN Zi P _55082 Phone Numper 439-9706 Name of Event _Gopher to Badger half marathon Date(s) of Event _August 16, 1998 Time of day Location of Event _See attached map Purpose and Description of Event (please include all items being requested by the City, i.e. road blocks, police officers, parks, etc.) and attach a map if necessary. See attached information . * * * * * * * * * * * * * * * * * * Office Use Only: Distributi9n V Police Administration EngineeringIPublic Works Parks Planning Fire Comments: . ~ ~'a ~ fl~V.'d:;: Ef~ ('v.cs:~ Cj<fd.ol[ J r:e. '( {J,y" . ' III fl. (va.", ! ~.. f! ,o),..<!. . If' I~ ~ ~Jf- A-J.J,~Y,~ :r::- I~- .1~j1/cJV~. . FINAL STRETCH, INC. P.O. Box 2171 Stillwater, MN. 55082 (612) 439-9706 . City of Stillwater Niles Kriesel 216 N. 4th Street Stillwater, MN. 55082 June 24th, 1998 Dear Niles, . Please find attached our proposal for the 2nd annual Gopher to Badger half marathon. Last years event started in Wisconsin and finished in Stillwater, and was a big success. This years event will reverse and start in Stillwater and end in Hudson_ The Stillwater portion of the race is approximately 5.2 miles and should be completed by 9:15 AM.. We would supply traffic guards at the intersections of Olive and Owens, and Owens and Pine. We certainly are open to any suggestions you may have to improve the event. Thank you. Sincerely, John Marzitelli (fI: fl} aifde/ Craig Junkermeier ~ ' . FINAL STRETCH, ~C. P.O. BOX 196 WilIernie,:MN 55090 (612) 653-0596 . GOPHER TO BADGER RACE PROPOSAL TO: Stillwater City Manager - Stillwater City Council. FROM: Final Stretch, Inc. - Craig Junkermeier - John Marzitelli. DATE: Sunday, August 16th, 1998 ROUTE: MINNESOTA/STILLWATER Start at the Gasthaus, 8930 Lofton. Go North to McKusick, turn East or Right. Go 2.9 mile to N Owens and turn South or Right. Go.7 miles to Pine, turn East or Left (Traffic Guards at Olive and Owens, Owens and Pine). Go.6 miles to 3rd turn South or Right. Go.6 miles to 65th turn East or Left. Go.4 miles to Paris, turn South or Right. Follow Paris to Beach, crossover Hwy 36. Go.6 miles East to HWY 95, crossover HWY 95 (Traffic Guards). Go South or Right to Rivercrest. Go East or Left on Rivercrest, follow Rivercrest to the 194 Bridge. WISCONSIN/HUDSON Follow 194 Bridge bike path to 35 bike path to the first set of stop lights, go left or west, follow bike path to band shell, finish line, 1.7 miles from Park N' Ride in Minnesota to the Band Shell in Hudson. Please see attached map. . TRAFFIC CONTROL: We will provide volunteer's to help out with every mile of the course. The course will be marked and coned to ensure the safety of the runners. We will abide by City, County and State (MN DOT) regulations. LIABILITY INSURANCE: We will provide required insurance and liability coverage to all sponsors and governmental entities. RACE SPECIFICATIONS: The staging area for the race will be the band shell in downtown Hudson. Participants will be bussed from Hudson to the starting line at the Gasthaus. As proposed last year, the course will reverse each year ant finish in Stillwater again next year. This year's race will finish at the band shell in downtown Hudson. OTHER STAGING INFORMATION: Aid stations will be located off the road at 2.5,5.0, 7.5, 10.0, 12.5 miles throughout the course. EVENT SIZE: 1,100 Runners - 100 Walkers. BENEFICIARIES: Stillwater Football/Athletic Programs. Hudson Football/Athletic Programs. MERCHANT BENEFIT: Approximately 1,000 to 1,500 participants and families from the 5- state region will spend the majority of the day in downtown Hudson and Stillwater. . ~ R:t . I II N II o 1 ceo 2COO r -:: -..~_. ,~l ~cr..::: 1 INCn - 2cao F::=:i .... r<. &02-.h r<. r.-~6JV/ If -;-i~ ~ T"Z':'H1:::;::/ ci ~\ .- r<. . ". .-..:...... . :...: :-0... : : ".:.-.: :"0.: :....:;-..: : ..... -: -: : "0: :> ./ ---. /- > .? a a a ~\ 'i~~ ~r '<I :7~hi::.~1"t.1 -c ~1~'2.. :&'-h~ :, ox "'.... ~ ~ ~ ;:. ...J -'_ d ~ ~ .... ~ ?.:. e.. .0..... _0 .. '_0" .... ...... : .: :. .........:. :....; >.: :..: : :...: .. ..' .... .. .. ....... ...... :>- -- ::;.. -- w \"' r a a If) '0 o o a a 1.'1 a a a o o 1.'1 a o 1.'1 ~). ';", . . . TO: FR: DA: RE: MEMORANDUM Mayor and City Council Steve Russell, Community Development Director July 17, 1998 Continuance of Appeal of Planning Case No. SUPN/98-35 - Susan Smith This is a continuance from the July 7, 1998 City Council Meeting. Attached is the staff report, Planning Commission minutes, application and letter of appeal. Recommendation: Review of appeal. . Vital Systems, Inc. Payroll A Bookkeeping A Financial Services For Tlte Small Business . July 1, 1998 City Council City of Stillwater 216 North 4th Street Stillwater, MN 55082 Attn: Morely Dear Morley: . There is an appeal of the Planning Commission's decision for a special use permit for our home office and a variance for number of employees scheduled for July 7 before City Council. We are in the final stages of negotiation for alternative space. We will not, however, have confirmation by the July 7 meeting. We request a continuance until July 21. At that time we should be able to confirm our plans and date of relocation. Thank you for your consideration. Sincerely, ~~ Susan G. Smith . 430 South Broadway" Stillwater, MN 55082 .. (612) 439-4134 .. Fax (612) 439-4513 . MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director v DA: July 1, 1998 RE: Appeal of Planning Commission Approval of House Occupation Use Permit at 430 South Broadway Street (Case No. SUPN/98-35) This item was approved with conditions by the Planning Commission on June 16, 1998. Neighbor's commented on the use and expressed concern for the higher nonresident traffic in the area. The Planning Commission, after much deliberation, approved the conditional use permit allowing the existing business to exist until January 1, 1999 and to be conforming with home occupation use permit after that date (one nonresident employee). . Since that meeting, the owner of the business has indicated they are looking for a new location for their business. Recommendation: Review of appeal Attachments: Minutes and staffreport for Case No. SUPN/98-35 . PLANNING ADMINISTRATION FORM ACTION REQUESTED: FEE ;OMMUNITY DEVELOPMENT DEPARTMENT ;ITY OF STILLWATER ~16 NORTH FOURTH STREET >TILLWA TER, MN 55082 $70 ~200 ~ X- Variance ~ _ Comprehensive Plan Amendment* $500 ---.: Zoning Amendment* $300 Subdivision* $100+$50/10t Resubdivision $100 Total Fee . _ Certificate of Compliance 7 ':'onditional or Special Use Permit _ Design Review _ Planned Unit Development* An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) "he applicant is responsible for the completeness and accuracy of all forms and supporting naterial submitted in connection with any applicaUon. \ddress of Pro~ IX; :oning District PROPERTY IDENTIFICATION ~~- ~\~ Assessor' " Description of Project Pa~eINo. \~~~~~ l~ \~ 'I hereby state the foregoing statements and all data, information and evidence submitted herewith in 1/1 respects, to the best of my knowledge and belief, true and correct. I further certify I will comply vith the permit if it is granted and used." )roperty Owne~W~\~ \ ~~\:) %~\\ Representative v1ailing Address ~~ . ~ .~\tt)~"'-\ Mailing Address relephone No. ~~ . Telephone No. 3ignature ~ Signature SITE AND PROJECT DESCRIPTION .ot Size (dimensions) .and Area ;eight of Buildings: Principal Accessory ':\s x~ Total building floor Area ~ sq. ft. Existing sq. ft. Proposed sq. ft. Paved Impervious Area sq. ft. Number of off slreell~~~pro~ ~ ~~)u Stories Feet 2. ::> .........:__..:J ~ ,,,.., 1n.'7 ~,... \; . . . . . . PLANNING APPLICATION REVIEW FORM CASE NO. SUPN/98-35 Planning Commission Date: June 8, 1998 Project Location: 430 South Broadway Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicants Name: Susan Smith Type of Application: Special Use Permit and Variance Project Description: A special use permit for a home business and a variance for number of employees. Discussion: The applicant has been conducting an accounting business out of her home since 1991. She was not aware a Special Use Permit was required. There are four full time employees, plus her daughter and husband. Office hours are 8:30 am to 5:00 pm Monday through Friday. There is no signage in front of the home. Accounting work is primarily picked up and delivered to the customers. Office supplies products are delivered about once every two months by a UPS truck. There are six parking spaces on an asphalt area behind the garage and house, two vehicles are in the garage and two vehicles in the driveway. No parking is on the street. Recommendation: Denial Conditions of Approval: 1. One nonresident employee shall be allowed. 2. Special Use Permit will be reviewed by the Planning Commission.upon complaint. 3. The business shall be conforming, one employee only by January 1, 1999. Attachments: Application form CPC Action on 6-8-98: +5-1 approval Vital Systems, Inc. Payroll .6. Bookkeeping .6. Financial Services For The Small Business . May 29, 1998 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Sir: We have applied for a conditional use permit and variance for a home office currently operating out of our home at 430 South Broadway. We are an accounting firm, providing bookkeeping services to small businesses. Over 90% of our customers are located in Stillwater/Washington County. Some of our employees are part-time, and although staff size may vary from time to time, we . currently have four (4) FTE employees, plus our daughter, my husband and myself. Our office hours are from 8:30 am until 5:00 pm Monday through Friday. At this time, there is no signage. Since my husband's primary duty is to deliver and pick up work from our customers at their business location, we have very limited traffic in and out. We do have one customer who picks up his payroll every week, and another who picks it up every other week. Any other visits are either quick drops or by appointment. We have the ability to park six cars on an asphalt area behind the garage and house, two vehicles inside the garage, and two vehicles in the driveway. This eliminates any necessity for street parking. All of our deliveries are office supply products dropped by either UPS or sm.all delivery truck. We have checked with several of our neighbors, and they are very comfortable with the business activity as it currently stands. We are prepared to bring some letters from neighbors to the planning meetings. I hope this answers all your questions. Please feel free to call if there is any more information you require. Thank you for all your assistance. (We have enclosed a replacement check for $120.00 per your instructions). . Sincerely, ~~ Susan G. Smith 430 South Broadway'" Stillwater, MN 55082 ... (612) 439-4134 ... Fax (612) 439-4513 . Planning Commission June 8, 1998 Vem Stefan asked about allowing the size of the 3-D graphic and whether it might not set a precedent. Mr. Wald asked how farthe mural would extend on the south elevation. Mr. Balay said it would extend to an existing window on that elevation, about 25 feet.. Mr. Weidner, seconded by Mr. Wald, moved approval as conditioned, with any modifications/final design to be reviewed by the Heritage Preservation Commission; motion passed unanimously. Case No. V/98-33 A variance to the front yard setback (30 feet required, 24 feet requested) for the extension of the roof line with a porch at 1116 Nightingale Blvd. in the RA, Single Family Residential District. Larry and Lonnice Thompson, applicants. Mr. and Mrs. Thompson were present. Mr. Thompson explained that the request was due to a severe hardship caused by water leakage/ice build up. The only way to correct the problem, he said, is to have a secondary pitch to the roof in order to have enough space to add new insulation. . Mrs. Bealka, seconded by Mr. Zoller, moved approval as conditioned. Members noted there was a demonstrated hardship in granting the variance, and the variance, four feet rather than six feet as indicated in the agenda packet, would not be obtrusive to the neighborhood. Mi. Roetman suggested adding a condition that all drainage remain on site; Mrs. Bealka and Mr. Zoller accepted that amendment to the motion. Amended motion passed unanimously. Case No. SUB/98-34 A resubdivision request to change driveways/lot lines at 410 N. Fourth St. and 208 W. Linden St. in the RB, Two Family Residential District. Jill Greenhalgh and Rolf Dittman, applicants. Ms. Greenhalgh was present. She explained that the property at 410 N. Fourth St. is an unusual L-shaped lot. While the house fronts on North Fourth Street, access is off Linden. The applicants have purchased the house on West Linden. There would be no net change to the square footage of either lots if the request is approved, she said. She provided a list of 10 signatures of neighbors in support of the request . . Mr. Zoller, seconded by Mr, Wald, moved approval as conditioned; all in favor. Case No. SUPN/98-35 A special use permit for a home business and a variance for number of employees at 430 S. Broadway St. in the RB, Two Family Residential District. Susan Smith, applicant. . Ms. Smith, her husband, Dennis, and daughter, Micki, were present for the discussion. Ms. Smith explained that she started conducting her bookkeeping business from her home in 1989 and did not realize she was out of compliance with city ordinances. She said her husband does all the 2 Planning Commission June 8, 1998 . pick-ups and deliveries and the business does not generate a lot of traffic. She also noted off- street parking is provided behind the garage. Mr. Wald asked about the number of employees. Ms. Smith said she currently has four FTE employees, although the number varies from time to time. Mr. Wald asked Ms. Smith if she had any plans to expand; Ms. Smith said she felt comfortable with the existing number of clients. Nick Sparta, 438 S. Broadway asked whether the special use permit/variance remains with the property should the property be sold. Mr. Russell said the permit/variance stays with the property unless the owners agree to place a restriction on the deed. Mr. Sparta said he was basically supportive of the request, but would not be in favor if the business use is continued beyond the current owners. He expressed a concern about the impact on property values. He also noted the Smiths had agreed to put up fencing on their property, but had not yet done so. Ms. Smith said they would have no problem with a deed restriction. Mary Ann Sandeen, 516 S. Broadway, expressed a concern about traffic. She noted the street already is busy due to Andersen traffic, tourists and the trolleys. She said she was concerned about additional cars and the possible expansion of the Ms. Smith's business. Ms. Smith reiterated that the business generates little in-and-out traffic. . Randi Torgerson, 445 S. Broadway, noted that being an older neighborhood, with 50 square-foot front frontage lots and single-car garages, parking is an on-going problem. She also suggested that there is no shortage of office space in Stillwater. Ron Nelson, 509 S. Broadway, stated his opinion that allowing home businesses in the older residential areas is not in the best interest of the City. Ms. Smith stated that none of her employees park in the street. When the discussion was brought to the table, Mr. Russell suggested the possibility of granting the applicant a transition time to deal with the hardship of planning for another location. Mr. Roetman stated the business needs to be brought into compliance with the ordinance, but suggested granting a six month period to accomplish that. . . Mr. Roetman, seconded by Mrs. Bealka, moved approval as conditioned, with the variance to the number of employees to expire Jan. I, 1999. Mr. Weidner said a better option would be to deny the request, let the applicant appeal to the City Council and have the City Attorney offer an opinion as to the legality of a "temporary variance." Motion passed 5-1, with Mr. Weidner voting no. Mr. Russell noted it should be clarified that when the variance expires, one non-resident employee is allowed according to the home business ordinance. . 3 . Planning Commission June 8, 1998 After the vote was taken, Mr. Sparks reiterated his concern and said he was confused about the implications of allowing one "non-resident" employee. Ms. Smith stated she was willing to place . a deed restriction on the property to accommodate Mr. Sparks' concern. It was noted that would be up to Ms. Smith to do on her own. Case No. SUP/98-36 This request was withdrawn. Case No. SUP/DR/98-22 The applicant requested a continuance of the case. Mr.Wald, seconded by Mr. Roetman, so moved; all in favor. Other business: Mr. Russell informed members of upcoming meetings regarding the 62nd Street planning area on June 11 and the Aiple property plan on June 18. Mr. Zoller briefed members on a proposed Conflict of Interest policy and its potential impact on the Planning Commission. . Mr. Wald, seconded by Mr. Roetman, moved to adjourn at 9:25 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording Secretary . 4 June 9, 1998 Jd- -$ ~5: 1 ~ J--\ (oD ?- ~ ID~,:~oD:~TI 1 . U . Steve Russell Community Development Director Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 RE: Planning Commission City of Stillwater Case No. SUPN/98-35 Special Use Permit and Variance for a Home Business 430 S. Broadway . Dear Mr. Russell: With regard to the above case, I wish to hereby appeal the Commissions conditional approval of the Special Use Permit and Variance. I believe this approval to be an error in judgement and not in the . best interests of the neighborhood or city as a whole. Attached please find my check in the amount 'of $25 which covers the appeal fee. I look forward to hearing from you on how this action will proceed. Sincerely, Nicholas J. 43' S. Broadway Stillwater, MN 55082 351-7649 (H) 293-2966 (W) . '. "" ..~ If/'. .. ..~~~iIJ.;:'/t'f..~, ,.... _.' "'f:""'. \~-_... g/ 'Ill, l\ ~ \~\/. '~ ~ \.'\\ ....-.. ,....,. \\11 ..,'f ;,;: ...... \'11 """ \~ 8 ..~ :....\.. \:&/ \~-_..., ..... ~", il-..."t'*".\ ..~~, -fa) \~~ .-...-., .---~ii'<l'~I'>. /'s """ \11\ ..\:... \11 ;.. .-...- \ 25" ... . .. 11\ .....-11"""",,.... - fIS>"".Jf/ \11" ~ /', ,!II....... ..... . "i, '\11 .., \N~\j\ ,91 12 \11 ..' ,s; ~ ... \11' ....... 6 '!II""i~\ ..\., \ ....\11 .....- 7 """ ,!II. ......-.. 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AprI3~:.~~-- ~. lit / ..;-'" . ORDINANCE NO. 863 AN ORDINANCE AMENDING THE STILL WATER CITY CHARTER The City Council of the City of Stillwater does ordain: 1. The City Charter of the City of Stillwater is hereby amended by adopting new 97.09,97.10 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 in 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 knowingly violated this provision is guilty of a gross misdemeanor pursuant to Minnesota Statutes Chapter 471.87. . 7.10 Public officers, interests in permits, licenses or zoning; penalty. a) Any public officer 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 private financial interest clearly separate from that of the general public in that permit, license or zoning decision or personally benefit therefrom. The existence of a private financial interest or benefit clearly separate from that of the general public is, in all instances, a conflict of interest. b) Except as otherwise provided by law, every public officer must fully disclose all material information pertaining to potential conflicts of interest as they arise and must in all instances recuse themselves from participating in any discussion or decision on the matter under consideration. c) The City Council within sixty (60) days after the effective date of 97.10, must establish by Ordinance a procedure to administer and enforce the conflict of interest and financial disclosure provisions of the Charter. The Ordinance must, at a minimum, include the following provisions: . 1 I) Insofar as permissible under State law, the City Attorney must have the authority to issue, upon request of any interested party who wishes to use the opinion to guide their own conduct, binding advisory opinions concerning ethical and financial disclosure matters. . 2) That a complainant alleging a violation of 97.09 or 97.10 may be made to the City Attorney by any citizen of Stillwater or other interested party. A public officer or public employee who becomes aware of a violation of these sections must report the violation to the City Attorney. 3) That the City Attorney must conduct an inquiry of the alleged violation and report the findings to the City Council at a public meeting within thirty (30) days of receiving a complaint. 3) That the City Attorney be authorized to hire independent counsel in the event it is deemed necessary. 4) That a finding that a public officer has knowingly violated 97.09 or 97.10 is grounds for removal from office. . 6) That any permit, license or zoning decision promulgated or issued in which an interested public officer participated in violation of this section is null and void. 7.11 Definitions. 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 acting for the City of Stillwater or any subdivision, agency or commission thereof for the purpose of exercising their respective powers and performing their respective duties, and who is not a public officer. . 2 " . . . 1998. Enacted by unanimous vote of the City Council this _ day of CITY OF STILLWATER Jay L. Kimble, Its Mayor ATTEST: Modi Weldon, Its Clerk 3 "... . . . MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: July 16, 1998 RE: Aiple Property and Kolliner Park Master Plan Update John Larson, SRF consultant for the preparation of the Master Plan, will be at the meeting to recap plan development activity to date. Based on the alternative plans and review comments, a preferred alternative will be used to develop a more detailed development plan including cost . I estImate. The more detailed plan will be presented to the Master Plan Task force and City Council in August. Recommendation: Review results of planning process to date and confirm consultants recommended direction for preparation of the more detail plan. Attachment: Letter re: Aiple Property/Kolliner Park Master Plan 7/14/98 .' CONSULTING GROUP, I N c. . Transportation · Civil · Structural · Environmental · Planning · Traffic · Landscape Architecture · Parking SRF No. 0982991 July 14, 1998 Mr. Steve Russell Community Development Director CITY OF STILLWATER City Hall 216 North Fourth Street Stillwater, MiIll)esota 55082 Dear Steve: SUBJECT: THE AIPLE PROPERTY AND KOLLINER PARK MASTER PLAN The purpose of this memorandum is to provide you with a brief recap of the Master Planning process that has taken place to date, to summarize public comment and to request your authorization to proceed with detailed development of a specific Master Plan scheme and cost . estimate. Progress to Date The Master Plan process to date has included. the following steps: 1. Assembly of existing data, 2. The arrangement for an updated topographic survey (which we expect to be completed by July 17), 3. Site visits by the design team to reVIew the natural, cultural and architectural characteristics of the two sites, 4. Presentation of site characteristics to the public, City Council and City commissions at the first open house, 5. Distribution and tabulation of two public opinion survey forms, 6. Presentation of site concept alternatives to the public, City Council and City Commission at the second open house, and 7. Presentations of the concept alternatives and project background to key regulatory agencies that have oversight responsibility for the Lower St. Croix Scenic Riverway. One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (612) 475-0010. Fax (612) 475-2429 . http:/ /www.srfconsulting.com . An Equal Opportunity Employer ,.; .- . . . Mr. Steve Russell July 14, 1998 - 2 - The goal of this Master Plan process has been to identify key issues that will impact future park development on these sites and to ensure thorough public discussion and comment. To encourage public discussion and comment of the issues, alternative park concepts (four for the Aiple Property, two for Kolliner Park) were developed and presented at the second open house held June 18, and to the National Park Service on July 2, 1998. Public Comment Two public survey forms were prepared and distributed within the local community. The first form was distributed through local newspapers, at City Hall and at the first open house. This form asked general questions about potential park uses and perceived areas of concern. A total of approximately 50 responses were collected. The highest positive response for park uses were: Aiple Property Preferred Uses Walking connection to Downtown Hiking trails Native plantings/wildflowers Picnic shelter Biking trails Kolliner Park Preferred Uses Swimming beach Picnic shelter Hiking trails Native plantings/wildflowers Reconstructed bath house Fishing pier Frequently Mentioned Issues and Concerns were: Preservation of views/landscape Environmental issues Preservation of heritage We conclude that these are uses and issues on which there is a consensus in the community and which must be accommodated in any Master Plan scheme. The second survey form was distributed at the second public open house and was mailed to interested parties. This form asked for comments on key aspects of the concept alternatives, particularly uses that received a medium level of positive response on the first form. An overall preference among the four Aiple Property schemes and the two Kolliner Park schemes was also requested. In addition to the form, comments were collected from the second public open house at which the alternatives were explained. "'-.,. " Mr. Steve Russell - 3 - July 14, 1998 . Somewhat more support was received for Aiple Property Scheme A than the others. Scheme A maximizes green space, minimizes parking and suggests demolition of the Terra building (fertilizer plant). Schemes C and D received some support, although there were many negative reactions to Scheme C as well. Scheme C suggested relocating the Andiamo boat docks near the Terra building. Scheme D included the St. Croix Visitor Center concept. Little support was expressed for Scheme B, which suggested adaptive reuse of the Terra building into concessions and a picnic shelter and included a boat launch with parking for 10 trailers at the south end of the property. Other comments were made about the type and length of trails, the reuse of the quonset hut at the south end for rowing shells and respondents expressed a desire to minimize parking. On the Kolliner site, Scheme B was generally supported. Scheme B includes a swimming beach, picnic areas and a reconstructed bath house to the south, and rustic camping to the north. The suggestion of wildlife habitat development on the north end of the site, as shown on Scheme A, also received strong support. Regulatory Review . Basic land use and site development is regulated by the City of Stillwater Zoning Ordinance on the Aiple Property and by the 8t. Croix County, Wisconsin, Zoning Ordinance on the Kolliner Park site. Substantial portions of each site fall within the floodway, shoreland and bluff land overlay districts of the respective zoning ordinances. Among other agencies with approval or permitting authority, the Lower 8t. Croix Management Commission (LSCMC) (representing the Minnesota/Wisconsin Boundary Area Commission, the Minnesota and Wisconsin DNRs and the National Park Service) and the Corps of Engineers are key. In discussions with staff and commissioners of these organizations, several important issues have been identified: 1. Park development should seek to improve the natural environment along the river, not merely maintain status quo. 2. Addition of new river moorings is strictly limited by LSCMC policy. 3. There is interest among the agencies in the St. Croix Visitors' Center concept. 4. The reuse of the Terra building represents the best opportunity for a new Visitor Center. 5. A precedent exists in Hudson for bath house reconstruction on the river. 6. The City's status as a private landowner in Wisconsin may limit potential development of the Kolliner site. . . . . . Mr. Steve Russell July 14, 1998 -4- Recommendation The Master Planning process to date has elicited a significant level of public response and discussion. We believe that it is appropriate to consolidate the Concept Alternatives into a preferred direction for further study, refinement and cost estimating. Aiple Property We recommend that Schemes B and C be dropped from consideration. In the case of Scheme B, we do not believe that sufficient space exists for a boat launch at the south end of the site, and in addition, there appears to be significant public opposition to the idea. We believe that a location can be found for a smaller scale picnic shelter that would not require a costly renovation of such a large structure as the Terra building. In the case of Scheme C, it is apparent that parking demand cannot be met if Andiamo docks are relocated and parking would likely tie up too much of the level land offering river views. We recommend that a variation of Scheme A be developed as the park Master Plan with an optional proposal to include the Visitor Center proposed in Scheme D. The City would request a commitment from one or more of the agencies of the LSCMC that they will undertake a study of the Visitors Center idea in detail and establish a timetable and possible funding source. The south end of the site would be consistent with Scheme A, adding a possible rowing shell storage facility and no more than 15 parking spaces. Kolliner Park We recommend that Scheme A be pursued while allowing for further discussion of the bath house reconstruction with regulatory agencies. Scheme A includes a swimming beach, fishing pier and picnic area on the south end with planting for wildlife on the north end. Appropriate vehicular access to the south end will be explored with the State of Wisconsin, as will the feasibility of a water taxi connecting the beach to Downtown Stillwater. If this approach is authorized, we will begin immediately with development of detailed Master Plan drawings for the two sites at 1 inch equals 100 feet scale. More detailed discussions with St. Croix County, the State of Wisconsin DOT and the Army Corps of Engineers will be pursued. A presentation of the preliminary detailed Master Plan with preliminary costs would be made jointly to the project Advisory Group, the staff of the LSCMC agencies and the Corps of Engineers during the second half of August. After refinement, the plan would be brought to the public in a third open house in mid-September. The Master Plan process is scheduled to culminate with its presentation to the Stillwater City Council on or about October 1, 1998. Mr. Steve Russell July 14, 1998 - 5 - Thank you for your consideration of this request. I look forward to meeting with you to discuss the project in more detail. Sincerely, SRF CONSULTING GROUP, INC. '\J~ Uw//r'----- John A. Larson, ASLA Associate JAL/smf \" . . . . MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director V DA: July 17, 1998 RE: Update St. Croix Valley Recreation Center First, we need to determine the name for the ice arena and field house. The following names have been suggested or used: St. Croix Valley Sports Complex St. Croix Valley Recreation Center St. Croix Valley Sports Center or; use Stillwater Area rather than St. Croix Valley. . Determining a name at this time is important for building signage and consistent identification. For what it's worth, this subject was brought up at a city staffmeeting and the St. Croix Valley Recreation Center received near unanimous support. Attached is the updated budget for the project. Dick Olsen, construction manager, will be available to answer any questions and to give an update schedule for project completion. Recommendation: Decision on name for ice arena/field house. Attached: Current estimated budget - 7/2/98 . GJb July 17, 1998 To: Stillwater City Council From: GWO (Dick Olsen) Re: Sports Complex Stillwater, MN , f;; .,; 4" . MEMORANDUM TO: Mayor and City Council Steve Russell, Community Development Director ~ FR: DA: July 21,1998 RE: Change Orders for St. Croix Sports Complex Attached are two change orders, 7 & 8, for the Sports Complex. Change Order #7 is for $7,801 and is for parking lot light fixtures and additional storm sewer piping. Change Order #8 is $14,497 and is for parking lot improvements attributable to the park and ride lot. These costs will be reimbursable by MnDOT. Recommendation: Approval of Change Orders #7 for $7,801 and Change Order #8 for $14,497 (resolution). . Attachments: Change Orders # 7 and 8 . ". '-'I .. '"'\. 1'-""- '-"'."- __ & UW~c:.;{ '- (Inscruc:ions On re'le~e side) CONSTRl'CTION :.tANAGER 0 ARCHITECT 0 CONTR..>.CTOR 0 FIELD 0 OTHER 0 ., CONSTRUCTION MANAGER-ADV1SER EDITlON ~CD(E:q G70l/C~(:l Gl.-\~GE ORDE. 29, 1998 ~.. PROJECT ST. CROIX VALLE'! SPORTS CO~PLEX (,'Vamf!:1Ht.i.Jdd"'!")'~-1 1625 ~a::k=t Drive StillNate=, ~ 55082 007 I~ITL-\TION OAT:. TO CONT::LKTOR. G. r..;. OLSE:l CONST. CJ., nc. (.vam. 311<1 Jddrrss; P . O. Bo:< 20 1902 S. Greeley St. Scill~ate=, MN 55082 PROJECT NOS 9703 L CONT::LKT FOR, Cicy or Still'..rater , CONTR.KT DATE, October 28, L997 The Concnc: is changed as follows, See attached listing. Not valid until signed by the Owner, Construction Manager, Architect and Contractor. s 5,59L,OL2.00 s 815,699.00 s 6,406,711.00 ~:~?~.~ <:. O:lys 11/L/98 . The origin::1 (Concnc: Sum) M-a.."IE-::i1~~'''a~~'\ird '>oI":lS ~e: c~:mge b~ previously :luchorized Ch::nge Orders. ........ The (Concr::c: Sum) ,x:;uL~~~"'{prior co chis Ch:!nge Oreer '>r.lS The (Concr::c: Sum) I~~"'{will be (inGe:ls<:d).!ctX.'O..~~b~ chiS Ch::nge Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . The new (Ccncnct Sum) &:~~~fCL"{''<<i:1: induding chis Ch:!nge Oreer will be The Concr::c: Time will be (inGe:lS<:d~~aJ.'<b~ The <Ute of Subscnci:!l Compl<::ion J.S of che e:!te of chis Change Oreer thereiore is :-IOTE; This summ:lry docs not n:r1c:::c dl:lnges in che COnlr:lc: Sum. Concr.::c: Time: or GU~r:lnce:ed :'vI::Xlmum ?ric: ....hich h~vc: been ~uchori7.e:d by Conscructlon Ch:lnge: O,re:::lve:. G.W. OlSE:l CONST~UCTION CONS7~CCTiON :'vIA,'lAGE;l ~20 S,ill~a'ar, .~S E~ BY CO.. nc. Tim Stefan AiKHIT::CT Stefan/larson ;Z-/-,9~ ? MN 55082 I. 7. '1 do OAT:: OAT:: CO NTitACTOR Cicy of Stillwater OW:"lB 216 N. 4th St. Stillwater. MN Sj082 ADDRESS ADDRESS BY OAT:: BY DATE me . - CAUT10N: You should use an original AlA document which has this caution printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. . JJA 0<:QJWE1(T G701JOcIa . CHANGE ORDER. COl'lST'iU':C7lCl'I ~A.NAG"R"\DV1Sl:R EDITlON . IW! EDITlOl'l . .-\.IA. ~19'J! . T1-Il: ..'....ERlC'-'! INm TO OF .~CHlTIChi. 17\~ ~E'1l YORK .\V~'lLE. ~.w. WA5Hll'lG70l'I. D.C !1l()06.iZ'!! WARNING: UnicIneed pI'oolDCOp'ying ~ us. ~ I.- and WlU su/:ljecl ;he vloLat.or :0 1e<pIl ~. G701/CMa-1992 r ~ J . Change Order #007 Item Amount Remar ks 1. Change type of fixtures in +$ 3,298 Requested by the City Parking Lot 2. Relocate City Street Lights +$ 2,035 Required to get into the Parking Lot 3. Gas Line Credit ( - $ 4,000 ) NSP installed Gas Line 4. Extra piping to connect Rain +$ 6,468 Not shown on Plan Leader to Storm Sewer Total +$ 7,801 . . 'it" I ... "-II;.. V rU..n.... . '11UCTION MANAGER-ADVISER EDITION b'::-'fEYr G70l/0h OW:-.'ER CONSTRl"CTION .\lANAGER ARCHITECT CONTR....CTO R FIELD OTHER c o o o C G L P~OJECT ST. CROIX VALLEY SPORTS COM?LEX (,Va",f!aJ1d.jddr~.~) 1625 Mark2t Drive Scill~ac2c, MN 53082 ----------., O~~~ ~ f:-i[TL-\TrON DAj~'~-~ 29, 1998 . _.ruc:ions on :e'/e:-:;e sIde: TO CONTR.KTOR. G. w. OLS;:::-I CaNST. CO., DC. ('va"," "lid :zddrns; P . O. Box 20 1902 S. Gceeley Sc. Scill~acer, M:-I 55082 PR.OJECT N05 97031 CONTR.KT FOR. Cicy of Scill-..;acer . CONTR.KT DATE: Occober 28, 1997 The Comnc: is changed 25 follows. See accached liscing. Not valid until signed by the Owner, Construction Manager, Architect and Contractor. The original (Conmct Sum) ~~~~'\&1 '>n.S Ne: change b:-- previously Juehorized Change Orde:-:; . . . . . . . . . The (Conene: Sum) CGG:i..~~\prtor eo chIS Ch:mge Oreer W"JS The (Conene: Sum) CGU;L~~~\Will be (incr<::l.S<:d)I~U~~~by chl.S Change Order. . . . _ . . _ . . . . . The new (Coner.lct Sum) &:~~~"{''<<tI induding chis Change Order will be The Conene: Time will be (inc:<::l.S<:d~.IC:~01XDY The d;:ee o( Subscnciaf Completion :1S o( che dace o( chIS Change Orde: cherefore is s 5,591,012.00 . s 823,500.00 s 6,4 00 <- S ) days 11/1/98 :'IOTE: ThIs summ::lry docs noe rcclecr ch::lngcs in (hc Conrr.:c: Sum. Concr.:cr Timc or GU::lr.:ncc~::l .'>In,mum P:,<:~ whIch h::lYc bC~:J luchori7.ed by Con.scruc:lon Ch::lngc Dtrcc:IYc. C.W. OlSE~ CONST~UCTION CO., I~C. C:JNSTRLCTION :,(A,'1AGcR P.O. Box 20 SCill~ater, MN 55082 ~~1-'~ g ~ ;Z/'~g Tim SCefan Scefan/larson AD -,J;' r- :> ,... M'J 'i - '? BY DAT"E 7. 7. ?~ BY DAT"E City of Stillwater , C:JNTRACTOR OW:"ER 216 N. ~th St. Scill~ater, MN Sj082 ADDRESS ADDRESS BY DATE BY DATE lJm I: - CAUTION: You should use an original AlA document which has this cautIon printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. . AlA OOCUWENT G7'01JCM.w . CliA.'1Ce ORDER . CON~TRL:G10N .\.lANACeR-ADV15ER ::omaN. I9'JZ EDmaN . .>JA~ '~199! . THE .\MERJC.\N INS7lT1..n OF .\JlCHlTICTS. 17\~ :-IE'V YORK W~'1LE. .'1.W. WASHINGTON. DC. ZI)()cX>iZ'.!! WARNING: u~ pI'colDCoP'ftng 'IiolcIs us. copyrignI 1-. and ,.,U subject :l'le violator :0 1egal ~. G701/CMa-1992 ~ " .....'\ . Change Order #008 Item Amount Remarks 1. Relocate City Street Lights +S 2,035 Required to get into the Parking Lot 2. Extra Sand for Park & Ride +5 9,750 As stated 3. Change fixtures in Parking Lot Lights +$ 2,464 Requested by City 4. GWO 3% Fee +$ 248 T ataI +$ 14,497 . . RESOLUTION 98- APPROVAL OF CHANGE ORDER # 7 & 8 FOR THE S1 CROIX VALLEY SPORTS COMPLEX NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Change Order # 7 & 8 for the construction of the St. Croix Valley Sports Complex in the amount of$22,298 00 are hereby approved: Change Order # 7 Change type of fixtures in Parking Lot Relocate City Street Lights Gas Line Credit Extra Piping to connect rain leader Change Order #8 Relocate City Street Lights Extra Sand for Park & Ride Change fixtures in parking lot lights GWO 3% fee TOTAL Adopted by Council this 21 st day of July, 1998. Attest: Modi Weldon, City Clerk $ 3, 298 $ 2,035 ($ 4,000) $ 6.468 $ 7,801 $ 2,035 $ 9,750 $ 2,464 $ 248 $14,497 $22,298 Jay Kimble, Mayor . '. . . . .At . . ORDINANCE NO. 862 AN ORDINANCE OF THE CITY OF STILL WATER CHANGING THE STILL WATER CITY CODE BY CLARIFYING THE REQUIREMENTS FOR THE CR COTTAGE RESIDENTIAL DISTRICT THE CITY COUNCIL. OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. The Stillwater City Code is amended as follows: ~ 31-1, Subd. II.d. CR Cottage Residential District, section 1, subpart a is changed to hereafter read as follows: "a. Dwelling'houses each occupied by not more than one (1) family and a garage no larger then two (2) stalls wide." 931-1, Subd. lI.d. CR Cottage Residential District, subpart 4a, subsection a, paragraph 9 is changed to read as follows: ' "9. Driveway width maximum 12 feet at the street right of way" and the first clause of footnote 1 is changed to read as follows: Footnote 1. A minimum of 25 percent of lots must have garages completely recessed (more than 6 feet from the front of a building or porch), 2. Savings. In all other ways the City Code shall remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. CITY OF STILL WATER Jay 1. Kimble, Mayor ATTEST: Modi Weldon, Clerk ..:1 l MEMORANDUM . July 16, 1998 TO: Mayor and City Council FROM: Klayton H. Eckles \2... ~ /" City Engineer SUBJECT: 1998 Sidewalk Rehabilitation Project Project 9817 DISCUSSION: As part of the 1998 improvement plan a moderately sized sidewalk rehabilitation project was contemplated. Using the City's criteria for sidewalk repairs, there are only a minor number of properties that have significant amount of sidewalk to be repaired. In order to get this small project underway, staff identified 18 properties around town that needed sidewalk repair, contacted these property owners and requested that they sign a petition and waiver requesting the City make the proposed improvement and agreeing to pay for half the cost. The City , received 10 petitions from the 18 property owners. It is anticipated that the approximate cost to repair these sidewalks will be under $25,000.00. Therefore, it is possible to construct this project simply by . obtaining quotes from local contractors, which will expedite the process. Unless we alter the current criteria for repairing sidewalk segments, future projects for sidewalks will be around this size for several years to come. In the future Council may wish to modify the current criteria which would yield larger, more expensive replacement projects and/or concentrate updating our street crossings and attempt to complete the handicap ramps. Also, we may wish to install new sidewalk in areas that do not have sidewalks or in neighborhoods where they once existed, but have been removed. RECOMMENDATION: Staff recommends that Council approve the 1998 sidewalk rehabilitation project to include the repair of sidewalks on properties where a petition and waiver has been received as per the attached list of property owners. ACTION REQUIRED: If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 98-_, ACCEPTING PETITIONS AND WAIVERS AND DECLARING ADEQUACY OF PETIONS FOR 1998 SIDEWALK IMPROVEMENTS and direct staffto obtain quotations from contractors for the completion ofthese sidewalk repairs. . RESOLUTION NO. 98- ACCEPTING PETITIONS AND WAIVERS AND DECLARING ADEQUACY OF PETITION FOR 1998 SIDEWALK IMPROVEMENTS (pROJECT 9817) BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Certain petitions requesting the improvement sidewalks in various part of the City (list attached as Exhibit "A"), filed with the council on July 21, 1998 are hereby accepted and declared to be signed by the owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. These petitions are hereby referred to the City Engineer and because the cost of the improvements are estimated not to exceed $25,000.00 he is instructed to obtain quotations from contractors for the completion of these sidewalks. Adopted by the council this 2pt day of July, 1998. Jay Kimble, Mayor Attest: Morli Weldon, City Clerk '-, '\ . . . . . . '. 1998 SIDEWALK PROJECT 99817, L.I. 337 2803020130136 Mark D & Darlene M Farley 3rd Street N Stillwater, MN 55082 2803020130139 Fred W & Mae B Cross 3rd Street N Stillwater, MN 55082 2803020210128 Sally L McKinley 4th Street N Stillwater, MN 55082 2803020210129 Janet A Brunsoman 5th Street N Stillwater, MN 55082 2803020210131 Paul & Carolyn Randall Maple Street W Stillwater, MN 55082 2803020220060 Dan R & Julie A Tschida Hickory Street West Stillwater, MN 55082 2803020420060 Sulee Inc. Upper 129th Ct. Apple Valley, MN 55124 2803020420061 0 Palmer 2nd Street N Stillwater, MN 55082 2803020430010 James C & Debra G Hartman 5th Street S Stillwater, MN 55082 2803020430011 Jan W & Alice Harriman 5th Street S Stillwater, MN 55082 9817 1 7/17/98 . . . MEMORANDUM July 16, 1998 TO: Mayor and Council FROM: K~ayton ~. Eckles ~~ ~~ CIty Engmeer SUBJECT: Proposed Moratorium on New Construction on North Hill DISCUSSION: During the past couple of years, the City has seen a significant increase in the amount ofinfill development occurring around the City. Much of this infill development is in very old neighborhoods, some areas more than 100 years old. Typically this means that the development is on a marginal piece of property which has some difficult development issues. The North Hill in particular is seeing significant attempts at infill development. The North Hill currently has no sanitary sewer and water in a very limited area, and storm sewer system that is non-existent or wholly inadequate. The lack of utilities coupled with the fact that the topography in the area is very challenging for development, result in development opportunities that are very marginal or will have serious impact on the surrounding area and topography. There have been a number of problems that have occurred on the North Hill which indicate that further development could exasterbate problems that are already serious. In the past year some of the situations which we have dealt with on the North Hill include major ravine repairs on Hazel Street Ravine, erosion at the north end of3rd Street, rutting and washouts on Hazel Street and Schulenberg Park, contaminated well in Dutch Town, failed septic systems, numerous washouts, potholes, and minor flooding problems. Due to the lack of utilities in the area, it is really beyond the City's resources or capabilities to maintain the current facilities in top condition. Additional building and development of the area will only increase the problems. The ultimate solution to North Hill will involve a massive project on the order of the Downtown Project, probably 2-3 times the size ofthe recent South Hill improvement project. Financing of such a project will be difficult given the nature ofthe interspersed development ofthe North Hill. Public improvements will eventually lead to development opportunities in the area. Until the City completes a feasibility study or master plan for development on the North Hill, infilJ development will create more problems and make existing problems more difficult to correct. Therefore, City' staff is recommending that the City Council pass a moratorium on all unsewered areas on the North Hill. RECOMMENDATION: Staff recommends that City staff prepare findings to justify the building moratorium on North Hill and prepare ordinance for first reading. ACTION REOUIRED: If Council concurs with the Council direct the City Attorney to present ordinance for first reading. . . . . 105 Northland Ave. Stillwater, MN 55082 July 9, 1998 Mayor and Council City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Dear Mayor and Council: . Thank you for the honor of your offer to become a member of the Stillwater Public Library Board of Directors. It would most certainly be a privilege to serve an institution such as this. Our City library is one of which I am very proud and one which provides outstanding services to our community. Since my expressed interest in serving on the Board, I have had' the opportunity to consider another responsibility that will take a great deal of my time for the next two years. Although I am very tempted to pursue both, it would not allow the level of commitment that I believe the Board 'il position requires and deserves. Therefore, I must respectively decline the offer to serve on the Board of Directors. Again, thank you. Please accept and extend to the Board members my most sincere wishes for every success in the continued growth and development of this valued institution. Sincerely, ~tIMP- c;{dCWM - &crrs-- Diane Adams-Graf . . ;L {c? ;::- cJ70 ~1g ~-h (( uJat0t (Vl(IJ.1.j-ogL I _' lrU (i / D/\{ C( yi l17r: nd~ KJ'l e-5 f:( C rty ma./YI Cu::rer C/:ty 0+ ~ ( fuJatltr ;t(G !J 1~* d"f, ( {Uvat~~ (Il1;J S-5os~ Vcoo- 1l~ (~ ) . - ~ )1/atO are/+ tA.,lIC.\ yare- /11051 a. r p rcZQ,i ~V€- of -f:f7 c :5 C~i/ (C!..,0 bfJ~ Qrry (lroil(d~J G!-+,cr Me . r0c-0rr1 tOl17J sfof'nJS. :r-+- ):(D (,( h QJe C(I) !:fp 0 rfiA (JI't'/J r(~'d5~ [ET ~h0 G-r-ry iZllJ(ployees who ?rrJ:;v1 v(p O/f't'\, hau(((2:J:. owoy ,tf;~ -l('~ brCll7ch€:5 G-+ev wh{~h I c., i vrt(e-r<L d Lip 0 U. r ( Cl G,()~ a ()c\ w hcrt Ct grdJob -i:-1,0Y cl(c\.. .' We GcPfrC~iC!+c ali --b-he n!l~ -bhll7gs ul!7/C:Jl-rhc err-yo Ooun~' I Cl C"'7d (jvrou. C(I/d (jo l-i ( ,,5 -hAf CRle. d O/f)O;. . ( u 1ft iZ:::r y . (J~ 7(2 { r q ~ =:J John G. Hoeschler, P.A. F, 'f :r;... . ATTORNEY c 1400 AT&T Tower, 901 Marquette Avenue Minneapolis, Minnesota 55402-3264 612-305-1466 (Fax) 612-305-1419 July 8, 1998 NIr. Nile Kriesel Stillwater City Coordinator City Hall 216 North 4th Street Stillwater, MN 55082 IF", Dear Nile: This letter is to confirm the arrangements for the turnover of the rest of the Aiple leased land to the City and the gift of the office boat and barge. I understand that the Council has approved the offered gift:. As of July 15, 1998, Stillwater St. Croix Barge Terminal Company will terminate its rights and obligations to the "Extension Property" under the Addendum and Limited Extension Agreement dated February 17, 1998. Prior to that date, the tenant will have removed all of its personal property and as of that date, you . will be responsible for the property and the office boat and barge moored adjacent thereto. As soon as I receive a copy of the marine survey of the two vessels, I will prepare for signature by Elayne a Bill of Sale to evidence the gift: of those two vessels to the City. Because of their age, they are unregistered.- We understand that you will assume all liability and risk ofloss for those vessels as of July 15, 1998. The tenant will pay the June NSP bill and then ask NSP to transfer subsequent bills to the City. Weare also asking the state to transfer our stonn water retention pennit to the City. If you have any questions or can think of anything else that should be done, please give me a call. y o()~e~truIY, JO~~Ch1er cc: David Magnuson Elayne Aiple . 1428 Pacific Street (612) 778-2437 'AX (612) 778-2438 . ll@W MARINE SURVEYORS . GENERAL ADJUSTERS . APPRAISERS INCORPORATED SAINT PAUL. MINNESOTA 55106 CONDITION AND VALUE SURVEY 1998 Deck Barge - 60' x 35' x 6' Aiple Marine Tow, Inc. Ref. No. 27298-S Date of Survey - June 26, 1998 DESCRIPTION OF VESSEL July 8,1998 . Name - None Built - 1998 by Aiple Marine, Stillwater, Minnesota Type of Vessel - Deck Barge Tanks and Voids - Box bow, box stern, three port and three starboard compartments with center line bulkhead Approximate Displacement - 54.3 ton Plating - Vessel is constructed with 3/8" bottom plating and 1/4" side, deck and bulkhead plating Framing - Longitudinal Side Angles - 4" x 3" x 3/8" on 18" centers Longitudinal Deck and Bottom Angles - 4" x 3" x 3/8" on 24" centers Vertical Side Channels - 10" x 15.3 lb. on 5' centers Vertical Deck Support Angles - 4" x 3" x 3/8" spaced 2' laterally and 5' longitudinally Bulkhead Framing - 4" x 3" x 3/8" on 2' centers Radius Corners - All fabricated with 4" x 3" x 3/8" angles Deck Equipment - 6 flush manholes 4 port and 4 starboard 36" pipe kevels 2 stern 9" buttons 2 starboard 13" x 13" external spud wells and spuds Paint and Coatings - Externally coated with red primer CONDITION Vessel was found in new condition, built in three sections, launched and welded together while floating. Bottom seams had not been externally welded at time of survey. Vessel has an approximate 3" diagonal distortion with the two diagonally opposite corners lower than the opposite two corners. Surveyor's note: It is recommended vessel be dry docked and bottom seams welded prior to any heavy use for construction equipment or loading with cargo. Flush manholes with 3/8" deck radius angles allow all rainwater on deck to drain into void compartments. It is recommended raised manholes or manhole coamings be installed to prevent rainwater from entering compartments. VALUE It is the opinion of the undersigned surveyor this vessel in its present condition has an approximate value of $80,000 to $85,000 based on present shipyard costs of new construction. Survey is submitted without prejudice to any parties or principals thereto. GKS/tt Ai K ~uvtffi. /dI- G. K. Shurb, Surveyor . Correspondenl- American Inslituts 01 Marine Underwriters '428 Pacific Street (612) 778-2437 FAX (612) 778-2438 1l@W MARINE SURVEYORS . GENERAL ADJUSTERS . APPRAISERS . INCORPORATED SAINT PAUL. MINNESOTA 55106 VALUE SURVEY Ex Motor Vessel nCayugan Aiple Marine Tow, Inc. Ref. No. 27298-S Date of Survey - June 26, 1998 DESCRIPTION OF VESSEL July 8, 1998 M.V. "Cayuga", built 1929 by Nashville Bridge Company, is an all steel riveted and welded towboat, with overall hull dimensions of 120' x 26' x 8'. Vessel was originally powered with 1800 HP G.M. diesel engines, formerly named ow. W. Fischer" from 1929 to 1935 and "Kormorant" from 1935 to 1956 and renamed by Aiple Towing Company, Stillwater, Minnesota. Engines have been removed and vessel is presently converted to offices on the main deck. Vessel is equipped with a steel and wood first deck cabin presently converted for offices. Vessel has a second deck pilot house and an aft second deck living quarters. The hull of the vessel was given a cursory survey with a hole noted in the bow compartment at the center line keel. A 110 volt sump pump is presently used to intermittentlY pump the bow compartment. The internal area of the remainder of the hull contains an oil fired furnace and electrical control panels. No determination has been made on the condition of the hull plating and full inspection would require dry docking. Due to the length of time since its last dry docking, it is assumed external coatings would have a high degree of failure. . SHORE RAMP A 50' x 10' shore ramp constructed of steel beams and plating will facilitate small vehicles such as pickups and autos to deliver goods and materials to the vessel. VALUE It is the opinion of the undersigned surveyor, this vessel in its present condition has a minimum value of approximately $10,000 to $15,000 with ramp. With hull repaired, re-coated and exterior of cabins repainted and repaired, it is our opinion, vessel would have an actual cash value as a floating office of $20,000 to $25,000 with ramp. Survey is submitted without prejudice to any parties or principals thereto. A. I( 41~/O-)ttf GKS/tt G. K. Shurb, Surveyor . Correspondent _ Ame(ican Inslllute of Marine Underwriters . Minutes Stiff water Charter Commission April 20, 1998 Present: Chair Tim Old, Kathy Czar, Nance Purcell, Mary Ruch, Don Valsvik Absent: Steve Keister, Howard Ueberman, Laurie Maher, Richard Slivik The meeting was called to order by Chair Tim Old; Nance Purcell agreed to take the minutes. The minutes from the March 16, 1998 meeting were approved as corrected. Town Topics The lease on the Aiple Property expires June 1, 1998. Deciding best use for this land will be an issue in the coming months. Nance Purcell agreed to send notification to the Gazette, reminding citizens of a May?, 1998 meeting with SFR Consulting Group at City Hall. Laurie Maher (8 years) and Richard Slivik (6 years) complete their terms on the Charter Commission in May of this year. Tim Old will send official letters of thanks and Mary Ruch agreed to ask Nile Kriesel about certificates of appreciation. . Members present agreed to reorder the agenda since our new member candidate was present Candidate Interview Having written to the Commission expressing an interest in being appointed to the Commission, Bob Krimbel was invited to interview with the Commission. Mr. Kimbrel lobbies U.S. government agencies concerning trade reguiations for 3M. He chairs a Washington D.S. trade association involving 8 of the 10 top U.S. exporters. He is past-president of RTR and has served on the HPC for 9 years, including one year as chair. He is a consensus builder who seeks common ground in negotiations. Mr. Kimbrel is concerned with whole topic of city management and in particular the appointment process for city commissions. . Don Valsvik pointed out that Commission decisions mayor may not be enforced. Members present agreed that while this a concern, this is not within the Charter Commission's jurisdiction. It is the domain of Council. We discussed the city ordinance prohibiting individuals from serving on more than one commission. Because the Charter Commission is a judicial appointment dual service is possible. Don Valsvik and Howard Lieberman are precedent setting in this regard. Nance Purcell moved to send the nomination of Robert Kimbrel to the Honorable Judge Gary Meyer. Mary Ruch seconded. All present voted in favor of the nomination. . Conflict of Interest Update The Conflict of Interest position paper was not sent to Council for inclusion in their Friday folders in advance of the April 21, 1998 meeting. Nile Kriesel sent a packet of objections to the amendment as written. As such the Charter Commission workshop with Council will be rescheduled and the position paper sent, in advance, to Council since it addresses many of Mr. Kriesel's concerns. Mary Ruch moved that the position paper be sent to Council April 21, 1998, with an attachment explaining background of the proposed amendment. Don Valsvik seconded. All present voted in favor of the motion. Discussion followed as to our next steps. The Commission is committed to the conflict of interest amendment and is concerned that Council schedule a vote on the amendment. Don Valsvik moved that we request Council to schedule a 1 st reading at the next regular Council meeting. This reiterates our prior request, which was for a 1 st reading, not a workshop as scheduled by Council for April 215t. Nance Purcell seconded. The motion passed with unanimous approval. Rnal discussion focused on our desire for better city government. It is not the Commission's wish to create an adversarial relationship with Council. We are interested in working out differences but confused by Council's concern over this amendment since changes requested by Council, after our initial workshop, have been made in consultation with the city attorney. . Kathy Czar moved to adjourn. Don Valsvik seconded. Respectfully submitted, Nance Purcell . . . . . Charter Commission June 15, 1998 Present: Tim Old, chairperson Kathy Czar, Steve Keister (7:20), Robert Kimbrel, Howard Lieberman, Mary Ruch and Don Valsvik Others: City Attorney David Magnuson; City Council Members Eric Thole and Terry Zoller; Chuck Donnelly; and Katie O'Brien, Stillwater Gazette Mr. Old called the meeting to order at 7: 1 0 p.m. Approval of minutes: Mr. Valsvik, seconded by Mr. Kimbrel, moved approval of the minutes of May 18, 1998. It was decided to continue approval of the April minutes. Welcome new members: Mr. Old welcomed Mr. Kimbrel who had been officially sworn in as a Commission member. Mr. Old noted that Ms. Ruch had been reappointed as a member and Mr. Donnelly was awaiting appointment. Conflict of Interest Mr. Thole said there were several items of concern to the council: including City employees, since there are labor contract issues involved; and the appointment of an Ethics Board and excluding the City Attorney from the enforcement process. The City Attorney has to be involved in some way, he said. Ms. Ruch noted that when the policy was first brought before the City Council there was no enforcement mechanism. A subcommittee was formed to deal with the enforcement issue. Now, the subcommittee's recommendation seems to be a problem. Ms. Ruch said she felt the Commission would be willing to go back to the original policy statement, and let the City Council deal with the enforcement issue by ordinance. Mr. Thole said he felt the majority of the Council favored the Charter Commissions intent: to expand conflict of interest to include matters of licensing, permits and zoning, matters not covered by state statute. Mr. Magnuson raised the issue of the level or "quality of interest" that would disqualify a Council member or other City advisory board member from voting on matters covered under the expanded policy. He suggested that there should be language stating that conflict of interest involves a "private financial interest clearly separate from the general public." Mr. Magnuson also raised the issue of the "null and void" provision. For example, he noted it would be difficult to revoke a conditional use permit, several years after a building was constructed. While a contract can be voided, matters of zoning often involve many parties - tenants, banks etc. He suggested that there should be some timeframe included in the policy. There also was discussion about the potential for "nuisance" complaints, using the policy to "harass" officials. Mr. Lieberman noted that statute 471.87 has existed for years, and nobody has used it to harass an official; there would not be widespread nuisance usage, he said. After considerable discussion, Mr. Old polled members on the three items of contention: inclusion of city employees; the null-and-void provision; and the enforcement mechanisrnlEthics Board. . After all members stated their positions, Ms. Czar, seconded by Ms. Ruch, moved to delete language relating to public employees; all in favor. Mr. Lieberman then made a motion to approve 71 0 as amended, further eliminating subsection 710.c (Board of Ethics) and referring development of an enforcement mechanism to the City Council and City Attorney; retaining the null-and-void provision; and adding language that conflict of interest involves "financial interest clearly separate from the general public." Ms. Ruch seconded the motion. Mr. Old suggested adding language that the City Council shall within 60 days come up with an enforcement mechanism; Mr. Magnuson said he thought placing a 60 day deadline would be OK. Amended motion passed 6-1, with Mr. Keister voting no. Mr. Magnuson said he would circulate a draft of the amended policy to everyone before it is placed on the Council agenda for the second reading. Article 5.07 - Publication of City Council Minutes Mr. Old said he had received a memo from City Clerk Modi Weldon asking that the Commission consider a change in the Charter regarding the timelines for publication of Council minutes. Currently, the Charter states minutes must be published within 15 days; it is difficult to . be in compliance with that timeframe because minutes aren't approved until the next Council meeting, Weldon noted in making the request. After discussion, it was decided to table the request pending an opinion from Ms. Magnuson as to whether changing the publication timeframe might impact the time frame in which to appeal Council actions. Ms. Czar made the motion to table, seconded by Mr. Keister; all in favor. New business Mr. Old noted the Mr. Kriesel had offered to meet with the Charter Commission in July regarding future projects. It was agreed to meet July 20. There also was discussion about orientation for new members at the July meeting; it was decided to order extra copies of the Model Charter for new members. Mr. Lieberman raised the issue of a current Charter Commission member who has announced an intent to run for Mayor; Mr. Lieberman said it was an issue that shouldn't be ignored. Mr. Old noted the candidacy would not violate state statutes. Several members expressed a concern that the candidacy could have a detrimental effect on the Charter Commission, particularly if the member uses Charter Commission projects - conflict of interest and city manager form of government - as 'campaign issues. Mr. Lieberman moved to recommend that the member/candidate take a leave of absence until after the upcoming election to eliminate any appearance of impropriety on the part of the . member/candidate or the Charter Commission on issues currently under discussion or possibly . . . under discussion by the Charter Commission.. Mr. Kimbrel seconded the motion; all in favor. Ms. Czar volunteered to call and inform the member regarding the Charter Commission's recommendation. Mr. Keister noted asking the member to take a leave of absence would mean the member is not subject to the requirement regarding meeting attendance. Mr. Valsvik, seconded by Mr. Kimbrel, moved to adjourn at 9:35 p.m. All in favor. Respectfully submitted, Sharon Baker Recording Secretary . July 9, 1998 STILLWATER TOWN BOARD MEETING Town Hall 7:30 P.M. PRESENT: Chairperson Jerry Hicks, Supervisors Sheila-Marie Untiedt, Louise Bergeron, David Francis and David Johnson. Also, Planner Meg McMonigal, Engineer Paul Pearson, Attorney Tom Scott, Treasurer Warren Erickson, Chris Bello and Art Palmer. 1. AGENDA - M/S/P Bergeron/Francis moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Untiedt/Bergeron moved to approve the 6/25/98 Stillwater Town Board Meeting minutes as written. (4 ayes, Johnson abstain) 3. TREASURER - Claims #2149 thru #2163 were approved for payment. 4. ATTORNEY - 1. Further clarified the wording of the salary waiver for Vic Socha. 2. Bello Deed - (D. Oie Minor SUbdivision) M/S/P Bergeron/Johnson moved that per the attorney's recommendation, the chair sign the Bello deed for recording. (5 ayes) 3. The clerk will take the forfeiture notice to the county for further clarification. . 5. PALMER MINOR SUBDIVISION - M/S/P Johnson/Hicks moved that the Stillwater Town Board will consider a 5 acre minor subdivision for Art Palmer subject to: 1. Septic system failure be brought into compliance. 2. Right-of-way issues addressed with MNDOT. 3. Recognition of the fact that the out-buildings are in excess for a 5 acre parcel. This matter must be dealt with by 12/31/2001 or within 8 months of the property being annexed to the City of Stillwater or sold. If the above does not happen, the town board will take action to see that compliance is accomplished. (5 ayes) This matter will be discussed at the joint board meeting on July 22. Tom Scott will draft a letter to the joint board regarding discussion at this meeting. Meg McMonigal will draft a letter outlining the items discussed for Mr. Palmer's use. .6. ROAD MAINTENANCE CONTRACT - M/S/P Johnson/Bergeron moved to accept the bid .of $112,668.00 from Raleigh Trucking for road maintenance work. The attorney is instructed to prepare a 3 year contract with terms and conditions as previously discussed and with an out clause. The contractor Stillwater Town Board Meeting - 7/9/98 Page Two . 1S to post a performance bond. Also the model numbers of equipment are to be identified. (5 ayes) 7. ENGINEER- 1. The board members support McCombs/Roos Inc. being part of a technical advisory committee as long as the township has no financial responsibil ity. 2. The board members have no comments for the DNR permit application by the Science ~useum. 3. Arcola Trail - M/S/P Johnson/Francis moved to authorize any soil corrections needed. After completed, an 8 inches base of gravel is to be placed on Arcola Trail. (No calcium chloride to be spread this year.) At budget time, consider asphalt for the future. (5 ayes) M/S/P Untiedt/Bergeron moved that Raleigh Trucking use 100th Street for this project only and with a specific time limit. (4 ayes, Francis nay) 8. ROAD EQU I PMENT - An ad wi 11 be put in the newspaper that offers. wi 11 ~ considered for the road equipment. ... 9. INTERNET - M/S/P Johnson/Bergeron moved approval of the minutes and agendas being posted on the internet per the internet committeets request. (5 ayes) 10. MCMILLAN RESIDENTIAL KENNEL PERMIT - M/S/P Johnson/Bergeron moved to approve Susan McMillan1s request for renewal of her kennel permit for 1998 - 2000. (5 ayes) Kathy Nelson is to follow-up regarding the rabies certificate for the pregnant dog when appropriate. 11. ADJOURNMENT - Meeting adjourned at 10:50 p.m. Clerk Chairperson Approved . . . . BROWN'S CREEK WATERSHED DISTRICT AGENDA JULY 13,1998 REGULAR MEETING 1. Call to Order @ 6:30 PM 2. Approval of Minutes, prior meeting (Michels) 3. Treasurer's Report (Gordon) A. Budget certification process, 1999 tax levy 4. Montgomery-Watson billing discussion 5. LCMR Grant Discussion (Doneux, Moore, Emmons & Olivier) 6. Approve Final Draft language for LCMR Grant proposal 7. Establish criteria and priorities for pOtential buyout consideration A. Availability of FOR or other state aid B. Duration of exposure or damage C. Primary domicile D. Documented health risk situation E. Must incJude both water supply and septic complications F. Other (Legal review, CAC recommendation, etc.) 8. Discussion and approval of FOR Grant (All) 9. Discussion of potential DNR projects from 1998 State Budget in lower Bro'M1's Creek (ONR representatives)(AUAR enhancement?) 10. Old business (re-discuss Kern sub-division, Oak Park Heights, AUAR) 11. Communications 12. New business 13. Adjournment . . . JUL-10-1998 16:41 CITY OF OPH P.02/03 CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, JULY 14, 1998 7:00 P.M. AGENDA 7:00 I. Call To Order/Approval of Agenda 7:05 II. DeDartment/Council Liaison Reports A. Parks (1) B. Cable C. Water Management Organizations D. Recycling A ward (2) E. Oak Park Heights Business Association F. Planning Commission 7: 15 III. Visitors This is an apP'Ortunity f'Or the public to address the Council with questions 'Or c'Oncerns 'On issues nor part 'Of the agenda. (Please limit comments to 3 minutes in length) 7:20 IV. Consent Aienda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes - June 23, 1998 (3) C. Approve replacement of ceiling tiles and base boards at City Hall (4) D. Approve Resolution 98-07-44, acknowledging receipt of preliminary report of Kern Business Center improvements and calling for amended notice of public hearing on the Kern Business Center improvements of 1998 (5) 7:25 V. Public Hearinis A. Public hearing to discuss request for a PUD Amendment to the Oak Park Ponds Shopping Center for adjustment of a bOWldary line (6) B. Public hearing to discuss solid waste contIact which expires at the end of 1998 C. Set a public hearing for July 28 at 7:30 p.m. to consider an application by Valley Senior Services Alliance for a Planned Unit Development D. Set a public hearing on high quantity user fees 8:15 VI. Economic Development Autl,lQrity A. Report on purchase of property, invitation for neighborhood meeting (verbal report) JUL-10-1998 16:41 P.03/03 CITY OF OFH Oak Park Heights Agenda - 2 8:25 VII New Business A. Request for authorization to do test drilling for a pedestrian bridge at Valley View Park at a cost not to exceed $500.00 (7) B. Approve Resolution 98-07-45, changing the dates of certain City meeting dates (8) C. Resignation of Economic Development Consultant Mark Leiferman (9) D. Direction to staff to proceed with researching for a Community Development Director position E. Receive computer analysis/discuss next steps (10) F. Discussion of professional fees (11) 8:45 VlIl. Old Business A. T raffle analysis (12) 9:00 IX. Adioumme~t: Social gathering at Applebee 's restauranr after adjournment of COW'lciI meeting. TOTf=lL P.03 . . . . . . JUL-15-:998 11:09 CITY OF OPH P.01/03 CITY OF OAK PARK HEIGHTS FOLLOW-UP AGENDA FOR TUESDAY,JULY 14, 1998 COUNCIL MEETING 1. ~n To Order! Approval of Aienda Additions: St. Croix Mall TIF communication Baytown Island anne~tion update Ordering plans and specifications for 58th Street added as Item B of Old Business Final Development Agreement for superAmerica added as Item C of Old Business Update on Fly Ash added as Item D of Old Business n. [XpartmentlCOllncil Liaison Reports A. Parks Presentation of service awards to former Parks Commission members Paul Plaster and Mike Dahlquist Approval of Daria Berger as Parks Commission member B. Cable C. Water Management Organizations Next Middle St. Croix Water Management Organization meeting on September 10 D. Recycling Award E. Oak Park Heights Business Association Next meeting on Wednesday, September 16 at 7:30 p.m. at Joseph's Restaurant F. Planning cOmnUssion Next meeting on Thursday, July 18 III. yjsitors IV. Consent A2enda (Roll Call Vote) Approved 5-0 as presented A. Approve Bills & Investments B. Approve City Council Minutes - June 23,1998 C. Approve replacement of ceiling tiles and base boards at City Hall D, Approve Resolution 98-07.44, acknowledging receipt of preliminary report of Kern Business Center improvements and calling for amended notice of public hearing on the Kern Business Center improvements of 1998 Public bearing set for Tuesday, July 28 at 7:00 p.m. JUL-15-1998 11:09 C lTY OF OFH P.02/03 Oak Park Heights Agenda - 2 v. Public Hearin~ A. Public hearing to discuss request for a pun Amendment to the Oak Park Ponds Shopping Center for adjustment of a boWldary line Appro"ed 5-0 . B. Public hearing to discuss solid waste contract which expires at the end of 1998 Discussion and public input C. Set a public hearing for July 28 at 7:00 p.m. to consider an application by Valley Senior Services Alliance for a Planned Unit Development D. Set a public hearing on high quantity user fees Set for Tuesday, July 28 at 7:00 p.m. VI. Economic Development Authority A. Report on purchase of property, invitation for neighborhood meeting Neighborhood meeting set for July 2S at 6:00 p.m. VII New Business A. Request for authorization to do test drilling for a pedestrian bridge at Valley View Park at a cost not to exceed $500.00 Approved 5-0 B. Approve Resolution 98-07-45, changing the dates of certain City meeting dates . Approved 5-0; Council meetings and workshops on Tuesdays. Parks Commission meetings on third Monday of each month C. Resignation of Economic Development Consultant Mark Leiferman Accepted, with thanks to Leiferman for his work for the City D. Direction to staff to proceed with researching for a Community Development Director position Staff to proceed E. Receive computer analysis/discuss next steps Report presented; staff to proceed F. Discussion of professional fees ApprovaIS-O; $3,000 non-refundable fee for staff time and preparation of development and financial infonnation for developers VIII. Old Business A. Traffic analysis lnfonnation received, staff to proceed . . . . JUL-15-1998 11:10 P.03/03 CITY OF OFH Oalc Park Heights Agenda. 3 B. Approval of preparation of 58th Street plans and specifications Approved 5-0; staff to set public hearing when appropriate right-of-way has been acquired C. Final Development Agreement for SuperAmerica Approved 5-0 D. NSP Fly Ash update Staff to prepare communication outlining continuing opposition to granting of pennit IX. ;\djoumment: 9:27 p.m. TOTAL F.03 . Stillwater Township July 23, 1998 Chair: Hicks Regular Meeting A2enda: Adopt Minutes: Treasurer: 1. 2. Attornev: 1. ilt Grant Stev Cook will be present. The grant needs to be signed. He will pre nt promotional information that I will send out in August. 2. Sign ire Contract: payment for one half the fee ready for this meeting, 3. U te Socha Situation 4. Lan Forfeiture . Planner: 1. Upd te Palmer Minor Subdivision Enmneer: 1. Public Works: l. Road Equipment OiJers ~: 1. . Committees: 1. Park - Parking lot possibility on the bluff line. 2. Webs e - State offices website would like to link with our website. PeoDle - 8:30 PM: Old. Business: New BusiDesS: ~ Kathy S hmoeckel will substitute for the Clerk. One co of the information for joint board meeting in the town ball to look at. July 17, 1998 Pat BantU