Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1999-06-15 CC Packet
NOTE CHANGE OF TIME. There will not be a 7 p m. meetmg REVISED AGENDA ** CITY OF STILLWATER CITY COUNCIL MEETING NO. 99-12 Council Chambers, 216 North Fourth Street June 15, 1999 REGULAR MEETING CALL TO ORDER ROLL CALL STAFF REPORTS 1 Finance Director 2. Police Chief 3 Public Works Director 4. Community Dev. Director 5. Parks & Recreation 6. City Engineer 7. City Clerk 8. Fire Chief 4:30 P.M. 9 Building Official 10 City Attorney 11. City Coordinator APPROVAL OF MINUTES June 1, 1999, Regular Meeting and May 18, 1999, Executive Session PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Marc Hugunm — Metropolitan Council Representative —121 District OPEN FORUM The Open Forum is a portion of the Council meetmg 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 mvestigation of the concerns expressed CONSENT AGENDA* 1 Resolution 99 -149: Directing Payment of Bills 2. Contractors Licenses: Construction Labor Force dba Rite Way Waterproofing, Lmo Lakes, MN, Orlinson Construction, Stillwater, Duane Peterson Construction, Stillwater; D & V Trucking and Excavating, Lino Lakes, MN, Fletch Construction, New Richmond WI; Mack's Excavating, William Kettle Framing, Minneapolis, Top Line Advertising, Osseo, MN 3. Resolution: Agreement with Department of Natural Resources for cost sharing for trout rehabilitation project 4 Resolution. Agreement with Bonestroo Rosene Anderlik & Assoc. for miscellaneous engmeermg services 5. Resolution: Agreement with State of Minnesota for cooperative purchasmg venture � 6. Resolution: Adopting standard operating guidelines for traimng requirements — Fire Dept. 7. Resolution: Accepting Certified Local Government Grant for Hershey Staples Addition Architectural Survey and approving agreement with Mmnesota Historical Society 8. Temporary on -sale 3 2% malt liquor license — Ball tournament, Lily Lake Park, July 10 -11, 1999, men's Tuesday Night D League 9 Resolution: Amending Res 99 -126, approving part time seasonal employment seasonal public works laborers by correcting wage of Jeffrey Diomsopoulos 10 Resolution: Approving salary schedule for temporary part-time labor /maintenance workers and hfeguards • • • City Council Meeting 99 -12 June 15, 1999 (consent agenda continued) 11 Resolution: Establishing a Promotion and Layoff Policy for Part-time Fire and Police Department Employees 12 Resolution: Approving 1999 memorandum of agreement with Washington County for curbside recycling grant distribution 13 Resolution: Approving permanent employment of Larty Dauffenbach as Police Chief 14 Resolution: Approving agreement with Southwest and West Central Service Cooperatives for employee group health benefits PUBLIC HEARINGS 1. Case No SUP /99 -21 This is the day and time for the public hearing to consider an appeal of the Planning Commission's denial to modify the special use permit to remodel kitchen/hving space in the carnage house located at 807 South Harriet Street mto a living unit (kitchen/bath/bedroom) Truett and Jill Lawson, applicants. Notice of the hearing was published in the Stillwater Gazette on June 4 and 9, 1999 UNFINISHED BUSINESS 1 Consideration of public hearing for Curve Crest Extension Street and Utility Feasibility Report (Resolution) NEW BUSINESS 1. St Croix Boat and Packet request to amend Dock Permit 2. Consideration of reducing size of Human Rights Commission 3. Ordering 62nd Street Watermain Feasibility Report (Resolution) Acceptmg 6211d Street Watermain Feasibility Report (Resolution) 4. Consideration of parking rate increase for South Mam parking lot 5 Proposed cooperative street reconstruction project with Oak Park Heights 6 Vegetation survey of Lily Lake PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS 1 Frank Langer — resignation from Hentage Preservation Commission COUNCIL REQUEST ITEMS STAFF REPORTS (contmued) ADJOURNMENT * All items listed under the consent agenda are considered to be routme by the City Council and will be enacted by one motion There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately ** Items m italics are additions to the agenda MEMORANDUM • TO: Mayor and City Council FROM: Diane Deblon, Finance Director DATE: June 10, 1999 SUBJECT: Year 2000 Budget Calendar Attached for council review, is the Year 2000 Budget Calendar. Please note that the council is scheduled during August 9th through 19th to meet with department heads regarding their budget requests. In discussions with Nile, a tentative schedule is as follows: August 10th from 4:30 to 9:00 p.m. and August 17t from 4:30 to 6:00 p m. Council should select another date, possibly August 11th, 16th, or 18t to allow ample time to complete the meetmgs and discussions. Nile will also be sending department heads a memo communicating any direction from the council. • • June 16 July 9 YEAR 2000 BUDGET CALENDAR Budget worksheets distributed to all departments • Budget worksheets due back to Finance Department. A separate capital outlay schedule is also required from each department. If there are any additional personnel requests, please note the positions requested on the bottom of the budget worksheet. July 12 — August 2 Finance Department assembles preliminary budget. August 9 —19 Council holds meetings with department heads. August 24 — 31 Finance Department makes budget revisions and Council holds additional meetings. as needed. September 7 Adopt proposed budget and proposed levy at regular City Council meeting and set Truth - and - Taxation hearing dates. Prior to September 15 Initial certification to the County of proposed levy and proposed budget. • • • MEMORANDUM To: Mayor & City Council From: Diane Deblon, Finance Director Date: 6/11/99 Subject: Territonal Prison Site Background Due to the change m the nature of the project for the prison site, a new approximation of estimated value was generated by the Washington County assessor. The valuation was based on preliminary site plans submitted by the developer and are subject to review of final plans and specifications. The assessor's value at completion could be as high as $9,000,000 and this was the value used to calculate the estimated TIF generated from the project. Analysis • As part of the calculation, the new reduced class rates for Payable 2000 were used and the most recent fiscal disparity contribution rates (Payable 1999). The current value of the property is $922,100. The projected value of $9,000,000 will generate an estimated $227,000 in TIF related to the renovation. Total taxes are estimated to be approximately $420,000 for the site. The previous project generated an estimated $139,000 in TIF, and was the basis for the prior development agreement. This project will mcrease the TIF by approximately $88,000 per year and could be utilized to repair the wall. F.Y.I. — The city currently has approximately $1,050,000 invested in the site to date. • 4110 MEMO • • To: Mayor and City Council From: Klayton Eckles, City Engineer Subject: 1999 Seal Coatmg Date: June 14, 1999 The 1999 Street Seal Coatmg Project includes the following streets. Amundson Dnve from McKusick Road to Sycamore Street Sherburne Avenue from Myrtle Street to Mulberry Street Washmgton Avenue from Hwy 36 to Curve Crest Blvd William Street from Myrtle Street to Mulberry Street South Sixth Street from Pine Street to Olive Street Tower Dnve from Northwestern Avenue to Washington All of Northwestern Avenue All of Industnal Blvd West Lmden from Birchwood to Harnet Street All of MidOaks Avenue Several deadend gravel streets • O 93rd ST K Wad CITY OF STILLWATER 1999 SEALCEIAT PROJECT AMUNDSON DR. McKUSICK LAKE RD. W. SYCAMORE ST. N. 2ND ST. E WILKINS - E. MULBERRY N. SHERBURNE ST. W. MYRTLE - W LINDEN ST. N. WILLIAM ST. W. MYRTLE - W LINDEN ST. MIDOAKS 72 ND. ST. - 1600' SOUTH WASHINGTON AVE. TH 36 - CURVE CREST BLVD TOWER DR. NORTHWESTERN AVE. - WASHINGTON AVE. NORTHWESTERN AVE. TH 36 - CURVECREST BLVD. LINDEN BLVD. VHARRIET6- 200' WEST OF ■1111111E11111 uutZEIMIll V laei®©et�T� INIICREEN! EiriginEF IIREEDIEk 1- �.. FA -3 CLASS A FA -3 CLASS A CRS -2 S. Y. 3/8' MINUS 1/8' MINUS 144.2 3090 157.6 3152 53.9 1155 64.4 0 120.8 74.9 1605 110.4 2416 2208 65. 6 1312 1312 170.8 1440 3660 10300 9850 600 5350 7550 6900 4100 4500 12200 69200 GRAVEL OAK ST. 4TH. - 5TH. LOCUST ST. BROADWAY - WEST WILKINS ST. EAST 1T ST. N. - BROADWAY BROADWAY ST. N. WILKINS - SOUTH 39th SE K 2. UPPER 36th 526.4 508.2 21418 7 • • • MEMORANDUM TO: Mayor and Council FR: City Coordinator RE. Siderails for Frank E barge DA. June 14, 1999 Discussion: Accompanying this memo are two quotes for the construction of siderails for the Frank E barge. As you know, the barge is used for Lumberjack Day concerts. It was brought to my attention that the barge needs to have siderails to prevent someone from falling "overboard ". The quotes range from $9224 (Jay Bros.) to $11,500 (L$S Industries). The quote from Jay Bros. does not include a gate. I will be attempting to find out the cost of the gate before the meeting Tuesday. Recommendation: Council consider awarding bid for construction of siderail system for Frank E barge. ,,..,e/Ce. 06/11.99 16:04 FtII 6124641704 JAY BROS INC a003/004 Jay Bros., Inc. PO Box 700 9218 Lake Or NE Forest Lake, MN 55025 J31 General Contractors FAX COVER SHEET Phone (651) 464 -6400 Total pages, including cover f2 Fax (651) 464 -1704 Send To. From: 09 /vase Company Name Name 7,".v9 11100, 6.—//19 Attention Date Sent Fax Number Time Sent (CST) ni Urgent EIRepy DPlease Please 11.5AP Comment Renew Z4,37--C• J�4. 1r"/ SUBJECT COMMENTS: E1FYr Project # f/- // .2Q1��S A a f z . .1- ":�' ✓able ElThis will be the only copy you will receive unless box is checked. An Affirmative Action /Equal Opportunity Employer Who Values Diversity sity • • • 06/11/99 16.04 FAX 6124641704 JAY BROS INC 1 004 /004 General C � itractors Tele Comm nications i3i Helical Fo ndatione A Y BROS., fAIC. W - yr • 11 IP - N 1 • Project Project IP Date Prepared by �---- : 1 •., N4 •1• • I i 1 1 - :NMI 11 r- Ij ..1. Ii .. ,. Sheet of 1 , 1 - l' �.. 1. ., . .'.. i — • 1 , y_ r 1 1 , P O. Box 700 • 9218 Lake Drive N.E. • Forest Lake, MN 55025 • (651) 464-6400 • Fax: (651) 464-1704 An Affirmative AWUon, Equal Opportunity Employer JUN -10 -99 THU 14:15 LS INDUSTRIAL AND MARINE FAX NO. 6516020347 P. 01 • • Page No. I of - ages Proposal L &S Industrial and Marne, Inc 781 Barge Charnel Road St Paul, MN 55107 651 - 602-0349 * Fax 651- 602 -0347 Proposal Submitted To [Phone jDate City of Stillwater 651.430 8800 FX 430 6809 413199 Street {Job Name 216 N 4th St Handrail City, State, and Zip Code ]Job Location Stillwater, MN 55062 Old le Prop Architect Date of Plans IJob Phone None 651602 -0349 We Propose hereby to furnish matenal labor and equipment - complete in accordance with specifications below for the sum of. Not to exceed 11.500.9Q Payment to be made as follows: see item seven below A9 material is guaranteed to be specified All workto be completed in s workmanlike manner according to standard prate Any derahon or deviation from specifications below mvolvmg extra costs wit be executed only upon written odors and wit become art extra charge over aaw above the estimate AN agreements contingent upon strikes, accidents, cr Note TMs proposal my be withdrawn by us or delays beyond our contra Owner to carry fire, tornado, and other nor if not accepted within days Marano* Our workers are fully covered by Workers Compensation msu once hereby .1 cub speedicabons new estmstes tips Provide all labor, equipment, and material to construct 160 If of hand rani 1 Install two rail 1 112" steel pipe hand rail with four inch kick plate. 2. One gate at your location 3. Rad to fit in three inch pipe pocket. 4. One coat of paint 4 Final layout to be approved by owner 5 Schedule to mutually agreed . 6 All permit and fees that may be required are owners responsibility 7. No engineering Acceptance of Proposal - The above pnces, specifications, and conditions are satisfactory and are hereby accepted You are authorized to do the work as specified Signature Payment will be made as outlined above Signature Date of Aeoe • ance - • • • • • MEMORANDUM TO. Mayor and Council FR: City Coordinator RE. Request from Community Volunteer Services to share DA. June 14, 1999 Discussion: The City has received the attached letter from Kathy Miron, Executive Director, Community Volunteer Services ( "CVS ") requesting Council consideration to pay for a share of the sealcoating of the CVS parking lot. I have been working with Klayton and CVS the past two weeks to have the City's contractor also sealcoat the CVS lot at their expense. I have also had conversations with CVS regardmg the use of the CVS lot in the winter for overflow parking for events at the Rec. Center. There had been several tunes this past season where our parking lot was full and people used the CVS lot. I think the Council should consider some cost sharing in exchange for the use of the lot during the hockey season The cost ranges from $1200 to $1700 depending upon the type of rock that will be used for the sealcoating project. Perhaps a 50 -50 share would be appropriate. Recommendation: Council consider sealcoatmg cost sharing request from Community Volunteer Services. /27A.A1 OMMUNITY OLUNTEER 6 ERVICE of T. sc c or. Valley Area June 10, 1999 Mayor Jay Kimble City Council Members City of Stillwater 216 N.4th Street Stillwater, MN 55082 Dear Mayor and Council Members: On behalf of the Community Volunteer Service Board of Directors I am offering the St. Croix Valley Community Center the use of the parking lot of the Community Volunteer Service /Senior Center, located at 2300 W. Orleans. On such occasions that the lot for the Community Center is full, our lot could be used for overflow parking. We would request that the lot only be used after the Senior Center business hours which are 8:00 am until 5:00 pm. weekdays. In exchange for the use of the lot the City of Stillwater may consider assisting us with the costs associated with resurfacing our parking lot. The cost for this project is estimated to be $1,700 Thank you for your consideration. Please contact me if you need additional Information. Kathy Miron Executive Director 2300 Orleans St. W StllMrvter, MN 55082 651- 439 -7434 Fax 651- 439 -/646 • Volunteer Center a Stillwater Holiday • Transportuliorr • ^ Neighborhood • 0 • • MEMORANDUM TO Mayor and Council FR City Coordinator RE Full -time Building Maintenance Supervisor DA June 11, 1999 Discussion During the past few years the City has been contracting for building cleaning services The City has used a number of firms during this period of time and has used three firms in the past 2'/2 years The City elected to re -bid the services last year because the previous firm requested a substantial increase and we were not entirely satisfied with the services However. the City continues to have problems with the present cleaning service Staff has spent a considerable amount of time working with the contractor to ensure adequate cleaning of the building Unfortunately, in spite of our efforts the service continues to be unacceptable (we have even deducted amounts from the monthly service fees because of the lack of compliance with the contract requirements) I think there is presently some problems of retaining or obtaining competent people within the building service industry I am not sure what the answer to our problem is We could re -bid the services and maybe we will receive the proper service However. I think it would be more appropriate to consider hiring a full -time person to perform building maintenance and cleaning activities and to also be the City's boiler engineer (Note we presently contract separately for these services) Although it may be difficult to finci someone that has a boiler engineers license who is also seeking employment as a Building Maintenance Supervisor, it would still be beneficial to have someone available full -time even if that person did not possess a license — pnmary to perform some of :he "odd jobs" that are needed from time to time such as 1 Straightening chairs in the Council Chambers 2 Putting up or taking down shelving 3 Moving or installing office furniture and equipment 4 Minor painting projects 5 HVAC systems management 6 Grounds maintenance (litter pickup, etc ) 7 Sidewalk snow removal 8 Back up janitonal services for Library 9 Assisting City Clerk with record storage system (i e , moving boxes. files. etc ) Some of the items I listed above are performed at this time by other city workers (1 e Parks /Public works crews) However, it is sometimes difficult to schedule these workers given their normal duties In any event. I would recommend that the City hire a full -time building maintenance supervisor Although I say full -time, I would recommend that we attempt to hire someone to work 30 hours per week and if needed to eventually go to 40 hours per week Chantell believes that the work can be performed within the 30 hours I agree somewhat, except I am concerned about obtaining a qualified person given the "part-time- nature of the iob On the other hand. we can advertise and see what results we get Chantell has prepared the attached job descnption for the position Chantell has also developed the attached worksheet that compares the cost of contracted services versus full -time employee services The worksheet indicates that the cost of a3/4 time employee would be about $3000 less than the present contracted services cost However, I believe that. if the City were to re- bid the contracted services (to obtain adequate services) the cost would be at least $300 to $400 per month more than the present contract costs This would make the cost comparison differential even higher Even if we eventually had to hire someone on a 1)- time basis the cost differential would be somewhat mamma? Recommendation Council authonze advertising and hinng process for a Building Maintenance Supervisor position on a 3/4 time basis if available (Note I will discuss this with Council under Staff Reports) /7(,t/0 • • • • '4 • Comparison of 1999 Costs • • Contractual Services Monthly Annual Capital Outlay Coverall (includes supplies) $ 2,225 00 $ 26,700 00 Buffing (1 time /month) $ 65 00 $ 780 00 Carpet Cleaning (2 times /year) $ 3,600 00 Scrub and Recoat (1 time /year) $ 450 00 $ 450 00 Stripping and Waxing $ 2,200 00 Boiler Service (City Hall & Library) $ 500 00 $ 6,000 00 Total Annual Contractual Services $ 39,730 00 Full -Time Building Maint. Salary (using high end $15 /hr) $ 2,599 50 $ 31,200 00 Health Insurance (Aware Family) $ 503 48 $ 6,041 76 Life Insurance $ 5 80 $ 69 60 Equipment (upfront) $ 300 00 Cleaning Supplies (non - toiletry) $ 200 00 $ 2,400 00 Scrub and Recoat (1 time /year) $ 450 00 $ 450 00 Carpet Cleaning $ 3,600 00 Stnpping and Waxing (2 times /year) $ 2,200 00 Total Annual Full -time Employee $ 45,961.36 3/4 -Time Building Maint. (30 hr /week) Salary (using high end $15 /hr ) Health Insurance (Aware Family) Life Insurance Equipment (upfront) Cleaning Supplies (non - toiletry) Scrub and Recoat (1 time /year) Carpet Cleaning Stripping and Waxing (2 times /year) Total Annual 3/4 -Time Employee $ 1,949 63 $ 23,396 00 $ 377 61 $ 4,531 32 $ 4 35 $ 52 20 $ 300 00 $ 200 00 $ 2,400 00 $ 450 00 $ 450 00 $ 3,600 00 $ 2,200 00 $ 36,629 52 CITY OF STILLWATER POSITION DESCRIPTION Position Title Building Mamtenance Supervisor Department Administration Accountable to City Coordinator Positions Supervised None PRIMARY OBJECTIVE To maintain the condition and operations of the physical plant, equipment, and grounds of the Stillwater City Hall, according to Federal and State regulations ESSENTIAL FUNCTIONS Maintains the cleanlmess throughout the physical plant including, but not limited to dusting, polishmg, and straightening furniture, vacuuming carpeting, sweepmg and scrubbing floors and stairwells; stocking toiletries, cleaning washrooms, etc. IIIRepairs and mamtams the physical plant and its mechanical, electrical, and plumbing fixtures and equipment m good operating condition. Repairs and maintains boiler and HVAC (heatmg, ventilation, and air conditioning) units at the Stillwater City Hall and Library Maintains records of all mechanical equipment owned or leased by the physical plant including- purchase date; serial number, parts information, scheduled maintenance /repair dates and costs Maintains a checklist that consists of regularly scheduled maintenance checks on the physical plant and equipment Requisitions supplies, matenals, and outside contracting work as needed Maintains a safe walking surface by keeping sidewalks and entrances shoveled, sanded and salted. as needed • Maintains the grounds of the City Hall, including but not limited to mowing, picking up litter, maintaining landscaping, etc Building Maintenance Supervisor Page 1 of 4 Assembles and installs equipment. Recommends costs to be included m the budget Performs set -up and take -down of tables, chairs, and other equipment in meeting rooms Acts as backup. during times off, to the Custodian at the Stillwater Library Performs other duties as assigned or apparent QUALIFICATIONS REQUIREMENTS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily The requirements listed below are representative of the knowledge, skill, and/or ability required Reasonable accommodations may be made to enable mdividuals with disabilities to perform the essential functions EDUCATION AND EXPERIENCE High School diploma or equivalent Possession of a MN State issued 2 °d Class C Boilers License One to two years expenence in the custodial or buildmg maintenance field. KNOWLEDGE. SKILLS AND ABILITIES Working knowledge of boilers, motors, pumps, and compressors Knowledge of cleaning methods, matenals, and equipment Knowledge of electrical, plumbing, and mechanical maintenance and repair Ability to operate power tools and mechanical cleaning equipment. Ability to perform minor plumbing and carpentry work Ability to communicate both orally and in wnting Ability to follow through with assignments Building Maintenance Supervisor Page2of4 • • • 4 • Ability to establish and mamtam effective working relationships with other employees and the public courteously and tactfully Positive attitude and flexibility to accept additional or alternate job assignments SPECIAL REQUIREMENTS None TOOLS AND EQUIPMENT USED Brooms, mops, cleaners, vacuums, floor buffers, ladders, wrenches, screwdnvers, socket sets, scrub brushes, and other tools and equipment necessary to perform job functions PHYSICAL DEMANDS The physical demands descnbed on the attached "Job Activity Requirements" are representative of those that must be met by an employee to successfully perform the essential functions of this job Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions WORK ENVIRONMENT II The work environment characteristics descnbed here are representative of those an employee encounters while performing the essential functions of this job Reasonable accommodations may be made to enable mdividuals with disabilities to perform the essential functions While performing the duties of this job, the employee works mostly in indoor weather conditions Some work is performed m an outdoor setting. The employee occasionally works near moving mechanical parts, m high precanous places, and is occasionally at risk of electrical shock. • The noise level m the work environment is usually quiet to moderate EXAMPLES OF PERFORMANCE CRITERIA Establishes effective workmg relationships with others Carries out assignments and duties under limited supervision Improves efficiency of assigned duties Building Maintenance Supervisor Page 3 of 4 Handles public contact situations m a professional manner Work product is generally free of errors and completed/updated in a timely manner SELECTION GUIDELINES Formal application, rating of education and experience, oral interview and reference check, job related tests may be required The duties listed above are intended only as illustrations of the vanous types of work that may be performed The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position The job descnption does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements ofthejob change Dated June 8, 1999 Building Mamtenance Supervisor Page 4 of 4 • • • CITY OF STILLWATER CITY COUNCIL MEETING NO. 99-11 June 1,1999 • REGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Also present: City Clerk Weldon 1. Meet with Library Board and Tour Stillwater Public Library. Council met with the Library Board at the Stillwater Public Library. The following Library Board members were present: Nick Gorski, Kenneth McFayden, Bill Hickey, Sue Nelson, William Fredell, John Baird. Also present were Library Director Lynn Bertalmio and Assistant Director Carolyn Blocher. Board members introduced themselves and provided a summary of their backgrounds and experience. Topics presented by the Board were equipment needs, current projects, restoration of building, need for expansion, need for additional staff and need for upgrades to computers. Currently, up to 40 percent of checkouts are by non-residents of the City. All Minnesota residents are allowed to use the library at no cost. Non-residents of the State are charged $45 per year for checkout privileges. Discussion followed regarding the formation of Friends of the Library_ This would provide a mechanism to receive voluntary contributions from benefactors, neighboring • townships, and non-resident users. Mayor Kimble stated action authorizing the establishment of Friends of the Stillwater Library will be taken at the 7 p.m. meeting. The Mayor recessed the meeting at 5:20 p.m. and Council returned to the Council Chambers. The Mayor reconvened the meeting at 5:25 p.m. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Also present: City Coordinator Kriesel City Attorney Magnuson Finance Director Debion City Engineer Eckles Police Chief Dauffenbach Fire Chief Kallestad Sports Facility Manager Brady City Clerk Weldon Press: Julie Kink, Courier Mark Brouwer, Gazette STAFF REPORTS Fire Chief Kallestad reported Consent Agenda Item No. 14, approving description of part -time on-call •assistant fire chief was a late addition to the agenda. The description has been reviewed by City Coordinator Kriesel, Administrative Assistant Kadin, and referred to Labor Relations Associates for additional review. Labor Relations Associates returned the final description today. City Council Meeting 99 -11 June 1, 1999 OTHER BUSINESS 1. Workshop on Joint Venture with Mahtomedi to Build Second Recreation Center. City Coordinator Kriesel reported he, Mayor Kimble, Councilmember Zoller, and city staff have been meeting with representatives from Mahtomedi and the St. Croix Valley Hockey Association (SCVHA) to determine the feasibility of joining with Mahtomedi to construct a second sheet of ice. He presented a proposed ice time distribution worksheet developed to determine if adequate ice time would be available to all potential users if a second sheet of ice were added. Mahtomedi is happy with the numbers, but the SCVHA is concerned with availability of time in the future as the City needs expand. If the proposed ice time distribution summary is acceptable to Council, a proforma would be needed to determine if the construction of the second sheet would be feasible. The Committee that has been formed to study this issue is recommending Springsted, Inc., be commissioned to do the proforma. Mahtomedi will pay 1/3 or more of the cost. Motion by Councilmember Cummings, seconded by Councilmember Bealka authorizing Springsted, Inc., to complete a proforma on the possible joint venture with Mahtomedi to construct a second sheet of ice at the St. Croix Valley Recreation Center, and requesting Mahtomedi to pay half the cost of the proforma. All in favor. Recessed at 5:50 p.m. RECESSED MEETING The meeting was called to order by Mayor Kimble. Present: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Also present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon City Engineer Eckles Police Chief Dauffenbach Fire Chief Kallestad Civil Engineer Sanders Community Development Director Russell City Clerk Weldon Legislative Associate Cain Press: Julie Kink, Courser Mark Brouwer, Gazette 7:00 P.M. APPROVAL OF MINUTES Motion by Councilmember Bealka, seconded by Councilmember Cummings to approve the Minutes of the May 18, 1999, Regular and Special Meetings. PETITIONS INDIVIDUALS DELEGATIONS & COMMENDATIONS 1. Up With People - Advance Team. 2 • • • City Council Meeting 99-11 June 1, 1999 Three members of the "Up With People" international cast were present to promote their upcoming June 15 -16 performances in Stillwater. Host families are still needed to house the students during the week of June 13 -17. Mayor Kimble encouraged residents to host the students and also attend the performance. 2. Ed Cain, Legislative Associates — Update on Legislative Issues. Mr. Cain presented an update on 1999 Minnesota Legislative activities. Stillwater has now authorized two additional liquor licenses outside of the downtown central business district. The tax bill contained a provision authorizing the City to divide its area into urban service districts and rural service districts constituting separate taxing districts for the purpose of all municipal property taxes, including those levied for the payment of bonds and judgments and interest on them. This legislation became necessary when it was found the annexation agreement with Stillwater Township was not fully in accordance with special legislation involving payment of taxes in the annexation area. He also updated Council on funding for stage two of the levee/flood control project and the surcharge process. The schedule for completion of stage two is the end of the summer in 2000. Stage three should begin in the spring of 2001. City Engineer Eckles reported the City will apply for assistance from the State of Minnesota in the form of a trout stream protection loan. The governor vetoed a portion of the funding, but approximately half of the $3.5 million included in the bill will be available. Browns Creek • Watershed District sponsored the bill. OPEN FORUM Ted Gillen, 1011 W. Myrtle, stated if Deer Path/Olive Street traffic problems are given special consideration to solve the problem, then special consideration should also be given to the corners of Olive/Myrtle and Olive/ Owens. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the consent agenda. All in favor. 1. Resolution 99 -138: Directing Payment of Bills 2. Resolution 99 -139: Accepting Bids and Awarding Sale for 1975 Cat Loader and 1978 JetterNactor Truck 3. Resolution 99 -140: Request for "No Parking" signs on Northwestern Avenue — Jennings State Bank 4. Resolution 99 -141: Full-time Employment of Stephen Jeffrey Hansen as Patrol Officer 5. Approving purchase of Computer — St. Croix Recreation Center/Engineering 6. Temporary on-sale liquor license and exempt permit for gambling, St. Mary's Church, 9/12/99 7. Approval of position description for part -time on -call firefighter 8. Request for Fire Chief to attend International Conference in Kansas City, Kansas • 9. Resolution 99 -142: Extending Fire Protection Contracts with Townships of Stillwater and May, and City of Grant 10. Movie Production Permit — Tundra Films, June 4,1999 11. Resolution 143: Authorizing Leave of Absence for Shelly Schaubach 3 City Council Meeting 99 -11 June 1,1999 12. Authorization to begin promotional process for Part-time On-call Assistant Fire Chief 13. Resolution 99- 144: Approving Change Order No. 15, St. Croix Valley Recreation Center 14. Resolution 99 -145: Approving Change Order No. 16, St. Croix Valley Recreation Center 15. Approval of position description for part time on-call assistant fire chief PUBLIC HEARINGS 1. Project No. 9613. This is the day and time for the public hearing on Lily Lake Water Quality Improvement Project. Notice of the hearing was published in the Stillwater Gazette on May 21, 1999 and May 28, 1999 . Civil Engineer Sanders presented a summary of the proposed project. The primary objective is to improve the overall water quality by limiting the amount of phosphorus entering into the lake. Short Elliott Hendrickson (SEH) provided the original water quality management study in 1996 and is responsible for the project design. Earlier this year, Bonestroo Rosene Anderlix and Associates (BRA) was hired to assess the impacts of water quality changes in Lily Lake and review the strategy of the 1996 SEH report. This report will be used as part of an overall comprehensive lake protection plan. The first phase includes the improvement of West Lake Street Ravine and the Northwest Diversion. This would be funded through an area-wide assessment. The assessment areas include the watersheds of the Lake Street ravine and Northwest Diversion. This would be a one -time assessment to the residents for this project and any future water quality improvements to Lily Lake. The proposed comprehensive lake protection plan details future phases over the next five years. Future phases would also involve assessing residents of those watersheds. Staff is recommending adopting the BRA report as the Lily Lake Comprehensive Lake Protection Plan. Joel Shilling, senior scientist with SEH, summarized the report. Rich Brasch of BRA, Project Manager, discussed the review report of the 1996 SEH report. Councilmember Thole explained to the residents that no "super assessment" will be assessed to properties adjacent to the lake. Councilmember Cummings questioned if the lake could be dredged to eliminate the issue of shallowness. Mr. Schilling stated the contractors will reach out as far as possible, but additional dredging was not within the present scope of the project. • The mayor opened the public hearing. Bill Fierke, 724 S. Owens, expressed concern that the project was phased rather than done all at once. He also questioned why alum treatments were not part of the proposal and requested alum treatment be included. He questioned if the project will be delayed, even if the money is raised. Councilmember Thole stated the project will be done if the money is available. Mr. Nelson, 111 S. Brick, expressed concern with the holding pond to be constructed at Brick and • Myrtle and possible backflow into his yard. He did not want a mosquito breeding ground and any possible undermining of the street. 4 City Council Meeting 99-11 June 1,1999 • Duane Nelson, 607 Lake Drive, requested information of design plans of holding ponds. City Engineer Eckles explained final designs are not made until this portion of the public hearing process is completed. He also questioned if holding ponds or running through grassy areas was better. Joel Shilling, SEH, responded that if used alone, holding ponds are most efficient if designed properly. However, a combination of both is best. Herb Lundberg, 515 Pine Tree Trail, asked what the normal phosphorous level would be if there had been no development. Jackie Ulrich, 612 Lake Drive, asked what share the City was paying. She also expressed disappointment that the Pine Tree Trail area is not included in this phase. Those properties drain into the backyards of the west side of Lake Drive. Myron Scullen, 904 Churchill, questioned if ISD 834 will be paying for the damage done by runoff from Lily Lake School and the Junior High. He also asked if Lakeview Hospital is included. Mr. Eckles reported the school will be included in the next phase, and the hospital is included in the first phase. Ted Gillen, 1011 W. Myrtle St., stated the work done several years ago was poorly done and hoped his property would not be assessed. Ernest Peaslee, 1017 W. Abbot, stated water comes down the gulch and goes into Lily Lake. He • grew up swimming in the lake in the 1930's. It was a great lake; just get the job done. Del Peterson, 1210 W. Willard, expressed frustration with the slow process but is now encouraged that it is progressing. He is happy to pay the assessment. There is now a comprehensive plan, so the City should go ahead and get the project done . Gene Schleusner, 524 S. Brick, questioned if damage will be done to the street during the project and would that involve a future street assessment. Mr. Eckles stated if dredging is done, there would be more impact to the street than if only a small pond is constructed. Gary Warren, 828 S. Greeley, stated no more studies are needed; proceed now with the program. He also requested information on a timeline of construction and cost. Bill Regis, 617 Lake Drive, stated there was no assurance that phase two and three would take place. He asked the rationale for phasing. Mr. Eckles stated doing the entire project now would involve tearing up Greeley Street before street reconstruction is needed. In addition to assessment costs, this could involve losing MSA funds if the street is reconstructed before it is needed. Steve Markert representing the Highlands of Stillwater Homeowners Association, stated the association's seven acres are in a natural state and do not contribute phosphorus to the lake. Mr. Eckles stated staff is recommending that the area be deleted from this phase. Because it is in a natural state, there is no urban runoff Pat Johnson, 611 Lake Drive, supported the assessment for pollution control but did not support the phasing of the project. Storm sewer control must be done at the same time. She also requested dredging. 5 City Council Meeting 99-11 June 1, 1999 Robert Kroening, 12480 N. 72nd Street, questioned where will the sludge go if alum treatments are done. Mr. Schilling stated a small layer less than 1/3" settles on the bottom of the lake. Ronald Schoenborn, 514 S. Hemlock, expressed support for the project and asked that it be completed as soon as possible. A resident on Oak Street questioned why the watershed is the only area being assessed when the whole city benefits from the improvement of the lake. Mayor Kimble explained that all residents are responsible for runoff from their own property. In addition, all residents contribute to the storm water utility fund which assists in paying for the project. Bill Fierke, 724 S. Owens, repeated his request that alum treatments be part of the process. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Cummings deleting the undeveloped area owned by the Highlands of Stillwater Homeowners Association from the project and ordering improvement and preparation of plans and specifications for Lily Lake water quality improvements. Motion by Councilmember Thole, seconded by Councilmember Cummings amending the motion to include adopting the Lily Lake Water Quality Review Report as the comprehensive plan for Lily Lake. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 99 -146 ordering improvement and preparation of plans and specifications for Lily Lake Water Quality Improvements and adopting the Lily Lake Water Quality Review Report as the comprehensive plan for Lily Lake, Project 9613. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Recessed at 10 p.m. and reconvened at 10:15 p.m. UNFINISHED BUSINESS 1. Receiving Downtown Pedestrian Lighting Feasibility Report. As directed by Council, staff prepared a feasibility study on downtown decorative street lights. City Engineer Eckles presented the report for lights along Main Street from Nelson to north of Mulberry, and along Chestnut between Main Street and the river. It is proposed NSP would install, own and operate these lights. The City would pay NSP for initial installation as well as on -going electrical costs. The total project cost of $262,600 includes the cost of installing the decorative lights and rehabilitating existing overhead lights. The rehabilitation is a maintenance issue and will not be assessed. The new improvements would be assessed at 100% to adjoining property owners. If downtown businesses in the project area respond favorably, the project could be constructed within this year's construction season. 6 • • City Council Meeting99 -11 June 1, 1999 • Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt Resolution 99- 147 receiving the report on installation of decorative street lights in portions of the downtown area and calling a public hearing for July 6, 1999. _ Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 2. Second reading of ordinance amending the Traditional Residential District regulations allowing accessory residential units, ZAT -99 -2. (first reading 5/18/99) Community Development Director Russell stated this ordinance would further refine the current regulations for accessory units. Motion by Councilmember Bealka, seconded by Councilmember Thole to have a second reading of Ordinance No. 876 amending the Traditional Residential District regulations allowing accessory residential units, ZAT -99-2. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 3. Farmers Market Request. • As requested by Councilmember Zoller at the last meeting, adjoining property owners of the Riverview Parking Lot and CUB Foods were notified of the request from the Stillwater Farmers Market to move to the Riverview Parking Lot. The market would be held in the upper lot and open from 7:30 a.m. —1130 a.m. The request is to begin operations at the Riverview Lot in July. Community Development Director Russell reported three calls from residents were received, and the callers were in support of the market. CUB Foods stated they could not support competition, but the City owns the lot, and Cub Foods does not lease the parking lot on weekends. Richard Kilty, 118 W. Oak Street, stated he supported the concept of the farmers market. However, he asked to take this occasion to ask the city to clean up the parking lot property. He requested the City cut the trees and remove the brush surrounding the lot before the market goes into the lot. Council directed City Engineer Eckles to look into the removal of debris and brush around the Riverview Parking Lot. • Motion by Bealka, seconded by Thole approving the use of the Riverview Parking Lot for the Farmers Market, beginning July, 1999. All in favor. NEW BUSINESS 1. Approval of 21ot subdivision at 13147 McKusick Road in the RA Single Family Residential District SUB /99 -11, Hodge Van Tassel, Applicant. Community Development Director Russell reported the site is zoned R -A Single Family requiring 10,000 square feet per lot. No new development is proposed as part of this request. The existing lot is currently an existing single family home and auto repair use in two lots. No changes are proposed 7 City Council Meeting 99-11 June 1, 1999 to the existing structures. The Planning Commission has reviewed the request and recommended approval as conditioned. Conditions are as follows: 1) existing residence and driveway access shall be located on the same lot; 2) drainage and utility easements shall be provided as required by the City Engineer; and 3) a certified survey of existmg and new lots including existing structures, easements and setbacks, shall be provided before final Council approval and recording of the lot split. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 99 -148 approving the subdivision of the 7.44 acre lot at 13147 McKusick Lake Road North into two lots of 1.76 and 5.68 acres, as conditioned by the Planning Commission. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None City Attorney Magnuson requested Community Development Director Russell consider a new zoning use to allow the Van Tassel's to continue with their current use of the property. Motion by Councilmember Thole, seconded by Councilmember Cummings directing consideration of zoning use at 13147 McKusick Lake Road to the Planning Commission. All in favor. 2. Annual Financial Report - Larson, Allen, Weishair & Co. Finance Director Deblon reported the independent auditor's report on legal compliance has been received Tom Koop of Larson, Allen, Weishair & Co., presented a summary of the audit results and stated the audit of the City Annual Financial Report has determined the financial report to be represented fairly. They do not audit internal controls but will make recommendations. No assurances are made regarding Y2K compliance. 3. City Response to Washington County Water Governance Study. City Engineer Eckles reported that because of recent failures of water management organizations in Washington County, the County Board authorized a Water Governance Study to examine alternatives to current methods. The study concluded there are too many small water governance units within the county. The report recommended minimizing the number of units, increasing the fiscal capacity of each, and raising the level of competence and involvement of the restructured districts. Options included leaving the system as is, combining all into one large district, or creating three large districts wholly within the County. Where existing districts cross over to other counties, those districts would remain the same. Although he favored the second option of three units, he was concerned that Stillwater was being placed in the North Washington Unit which would be predominantly townships and rural areas. There would be basic philosophical differences and cost sharing issues. City Engineer Eckles recommended Option 2A which would add an additional district known as the Middle St. Croix River Unit. He sent a letter to Sherri Buss, facilitator of this study, and requested more consideration be given to Option 2A. He requested Council's direction on the City's position on the options. 8 • • City Council Meeting 99 -11 June 1, 1999 Motion by Councilmember Bealka, seconded by Councilmember Thole directing staff to submit a letter to Washington County requesting the County Board give further consideration to boundary issues related to the restructuring of water management governance. All in favor. 4. Possible first reading of Tree Protection Ordinance. Community Development Director Russell reported staff has been working with the City Attorney, the City Forester, and the Tree Committee to prepare a revised draft ordinance. The revised draft is included in the Council packet. Council expressed concern with the charge of $25 per diameter inch of significant tree removed. Don McKenzie, 12620 N, 72nd St., stated the ordinance goes far beyond a tree ordinance. It includes vegetation and shrubs; this is excessive regulation. He would need a permit just to continue maintaining his property. Hodge Van Tassel, 13093 N. McKusick Road stated that as a taxpayer, the City can't tell him if he can cut down his own trees or shrubs. Leah Peterson, member of the tree committee, stated the vegetation is included because it is protecting the slopes during development and native vegetation in forested areas. Paula Kroening, 12480 N. 72nd Street, stated the `native land" being discussed was originally corn and wheat fields. Councilmember Thole stated staff was directed to develop an ordinance but the proposed ordinance is becoming overburdensome Enforcement would be difficult as revisions take the teeth out of the ordinance. Motion by Councilmember Bealka to no longer pursue the development of a new tree protection ordinance and enforce the current tree ordinance. Died for lack of second. Council agreed the ordinance should require a license for commercial pruning, chemical treatment or removal of trees. However, the current draft ordinance should be simplified and include trees only. Motion by Councilmember Zoller, seconded by Councilmember Cummings directing staff to continue to refine the draft tree protection ordinance. 4-1 (Bealka nay) 5. Results from the Joint Stillwater City/Township Planning Review of Bergmann Property Comprehensive Plan Amendment City Attorney Magnuson reported the resolution adopted by Council for annexation of 40 acres of the Bergmann Farm, most of which lies north of 62 Street, adjacent to County Road 15, was filed with the Municipal Board, pursuant to the Orderly Annexation Agreement. However, the Board did not act on it before the Board was disbanded on June 1, 1999. However, the Executive Director of the Board remains on duty. The State Planning Director will perform Municipal Board functions in IIIIthe interim and has scheduled the approval of the Orderly Annexation Resolution for the July 7, 1999, meeting. The Executive Director is confident it will be approved at that time. Community Development Director Russell reported the development plans for the property were presented to the Joint Board and Stillwater Township Planning Commission. An amendment to the 9 City Council Meeting 99 -11 June 1, 1999 Comprehensive Plan and zoning amendment would be needed to permit attached housing on the Bergmann parcel. At the May 191 meeting, the Joint Board voted 2 -2 on the amendments. In effect, this action denies the amendment to the comprehensive plan and zoning. City Attorney Magnuson explained that in a deadlock, the Orderly Annexation Agreement provides the Joint Board Members shall designate a qualified neutral to conduct mediation and potential arbitration. The City can either withdraw the request or pursue mediation and arbitration. He requested Council direction. Motion by Councilmember Thole, seconded by Councilmember Zoller directing City Attorney Magnuson to pursue the mediation/arbitration feature of the Orderly Annexation Agreement relating to the Bergmann property annexation and zoning dispute. All in favor. COMMUNICATIONS/REOUESTS 1. Board of Water Commissioners — Water Storage Facility for Annexed Area. Community Development Director Russell reported the Board of Water Commissioners, at their May 13, 1999, meeting, discussed a storage facility for the newly annexed area of Stillwater. Cost estimates had been received for both an elevated tank and for an underground reservoir. The Board determined the underground reservoir would be less controversial from residents, and the top of the reservoir could be incorporated into park land. It was assumed this reservoir can be constructed on City property known as Settler's Park, directly across from the land where well #11 is to be drilled. The property would be at no cost to the Water Board. The Board is requesting authorization to place the storage facility on the City property. Motion by Councilmember Thole, seconded by Councilmember Bealka approving the request of the Board of Water Commissioners to place the underground storage facility on City property known as Settler's Park. Councilmember Zoller questioned why it should be constructed on City land at no cost to the Water Board. The City is always subsidizing Water Board activities. Councilmember Zoller stated Benson Park is now smaller because the City gave part of the park to the Water Board for a pumphouse. Even if the storage facility is underground, there would be some things (such as a building) that cannot be placed on top of an underground structure. Councihnember Thole withdrew his motion. Motion by Councilmember Thole, seconded by Councihnember Zoller to direct City Coordinator Kriesel to report back to Council at the next meeting with a recommendation on the request of the Water Board to place an underground storage facility at Settler's Park. City Coordinator Kriesel stated staff had not made a recommendation on the request because he thought it would be approved smce the storage facility was underground and the surface could be used for recreational purposes. Staff did not recognize any adverse implications; however, Councilmember Zoller did bring up the possibihty that it could restrict use. Staff informed Zoller that no park use would be lost and the pumphouse would be on other property provided by the developer. 10 1 • • • City Council Meeting 99-11 June 1, 1999 Motion by Councilmember Thole, seconded by Councilmember Zoller to rescind the previous motion. Motion by Councilmember Thole, seconded by Councilmember Cummings approving the request of the Board of Water Commissioners to place an underground storage facility on City property known as Settler's Park. All in favor. COUNCIL REOUEST ITEMS Mayor Kimble returned to Item No. 1 from the 4:30 p.m. meeting. Discussion had been held regarding authorizing the development of a Friends of the Stillwater Library to create a funding mechanism for donations to the library. Motion by Councilmember Thole, seconded by Councilmember Cummings authorizing the creation of the Fnends of the Stillwater Library organization. All in favor. STAFF REPORTS (continued) Community Development Director Russell reported Union Pacific Railroad has inquired if the City is interested in purchasing land south of town, from Nelson to the south city limits The property is appraised at $87,800. The Railroad is requesting $240,000. The offer would be made for the purpose of continuing discussion. Motion by Councilmember Bealka, seconded by Councilmember Thole directing Community Development Director Russell to offer Union Pacific Railroad the appraised value for property from Nelson Street to the south city limits and continue negotiations for the purchase of the right -of -way. All in favor. Community Development Director Russell also reported the Cayuga is leaking and becoming a potential nuisance. He requested Council's direction for preserving the boat, including future use and ownership of the boat. Council stated the report should also include the sale of the boat. All options should be included in the report. Options should be based on cost- effectiveness. City Coordinator Kriesel reported there have been inquiries for the purchase of the Cayuga. Motion by Councilmember Zoller, seconded by Councilmember Thole directing Community Development Director Russell to prepare a report on options for preservation, use, or sale of the Cayuga. All in favor. Mr. Russell also requested authorization to work with Master Civil & Construction Engineering Inc. for survey work for the construction of the Water Street Parking Lot, and authorization to spend up to $5,000 out of Planning fiords for survey work for that parking lot. Motion by Councilmember Bealka, seconded by Councilmember Thole authorizing survey work by Master Civil & Construction Engineering Inc., for a cost of up to $5,000, for the construction of the Water Street Parking Lot. All in favor. 11 City Council Meeting 99-11 June 1, 1999 City Coordinator Kriesel reported the Browns Creek Watershed District is forming an advisory committee to create a second generation water management plan. A request has been made by Craig Lieser, Chairman of the Browns Creek Watershed District, to identify a City contact person to advise the committee on City positions. He recommended Council appoint City Engineer Eckles and Community Development Russell as contact persons. Motion by Councilmember Thole, seconded by Councilmember Bealka appointing City Engineer Eckles and Community Development Russell as City contact persons to the Browns Creek Watershed District. All in favor. City Coordinator Kriesel also wanted to clarify to residents on Burlington that the letters sent to residents regarding the movie production permit for Tundra Films (approved on consent agenda), incorrectly stated the filming will be on Burlington Street between South Second Street and South Fourth. The letter should have stated between South Second and Third Streets. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn at 11:32 p.m. All in favor. Attest: City Clerk Mayor Resolution 99 -138: Directing Payment of Bills Resolution 99 -139: Accepting Bids and Awarding Sale for 1975 Cat Loader and 1978 Jetter/Vactor Truck Resolution 99 -140: Request for "No Parking" signs on Northwestern Avenue — Jennings State Bank Resolution 99 -141: Full-time Employment of Stephen Jeffrey Hansen as Patrol Officer Resolution 99 -142: Extending Fire Protection Contracts with Townships of Stillwater and May, and City of Grant Resolution 143: Authorizing Leave of Absence for Shelly Schaubach Resolution 99 -144: Approving Change Order No. 15, St. Croix Valley Recreation Center Resolution 99 -145: Approving Change Order No. 16, St. Croix Valley Recreation Center Resolution 99 -146: ordering improvement and preparation of plans and specifications for Lily Lake Water Quality Improvements and adopting the Lily Lake Water Quality Review Report as the comprehensive plan for Lily Lake, Project 9613. Resolution 99 -147: receiving report and calling hearing on installation of decorate street lights in portions of downtown area and calling public hearing for July 6, 1999. Resolution 99 -148: approving the subdivision of the 7.44 acre lot at 13147 McKusick Lake Road North into two lots of 1.76 and 5.68 acres, as conditioned by the Planning Commission. Ordinance No. 876: amending the Traditional Residential District regulations allowing accessory residential units, ZAT -99 -2. 12 • • • • RESOLUTION NO. 99 -149 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 $466,975.86 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A ") is on file in the office of the City Clerk and may be mspected upon request. Adopted by the Council this 15th day of June, 1999. ATTEST: 11) Morli Weldon, City Clerk • Jay Kimble, Mayor LIST OF BILLS EXHIBIT "A" TO RESOLUTION 99 -149 Abrahamson Nurseries Ace Hardware Airtouch Cellular Alan Merrick Soccer American Public Works Amoco Sprint AnCom Communications Anoka Hennepin Technical College Aspen Mills AT and T Bailey Construction Batteries Plus Board of Water Commissions Bonestroo Rosene Anderlik & Assc Bryan Rock Products Buberl, Larry Cardinal Tracking Car Quest Century College Clarey's Safety Equipment Coco Cola CompuMaster Country Sun Farm Courier News Cnmmons, Dan Cub Foods Cys Uniforms Danko Emergency Equipment Drummond American Corporation Emergency Apparatus Maint Inc Franklin Covey Freds Tire G and K Services Goodwill / Easter Seals Government Finance Officers Assoc Grafix Shoppe Imagineenng Computer Consultants Jansens Cleaning Larson Allen Weishair & Co LLP Lazy R Ranch League of MN Cities Linner Electric Co Inc Magnuson Law Firm Maple Island Hardware Landscaping - Lakeside Drive General supplies Telephone League management fees Software Public Works management Gasoline/diesel Radio clips Live burn training class Uniforms - Zoller /Peltier Telephone Pioneer Park- pads/bench Photo battery Water payment receipts Browns Creek/Lily Lake Class 2 matenal - Streets Dept Animal transports Software ungrade - Police Dept Truck/auto/equip repair parts Spnng training - Police Dept Service/inspect park fire ext Concession supplies Workshop - Holmann Plants/flowers- Parks -Main St CI proceedings Safety shoes House bum training- Fire Dept May uniforms Airmask bags Toilet/floor cleaner -Park Dept Repairs 6104 Office supplies Repair /change tire Uniforms/rugs /mops/towels ADC May 99 Membership /Deblon Lettenng speed wagon - Police Dept System consulting Maintenance- Pnson/City HaII /Library 1998 Audit Straw- bum training -Fire Dept Insurance premium/ LMC Handbook Add outlets -Fire Dept Legal services General supplies 971 87 494 23 169 72 17,300 00 81 00 3,396 22 266 99 550 00 86 68 28 89 23,500 00 19 98 13 80 3,873 31 153 92 125 00 203 85 56410 458 34 55.38 153 90 399 00 270 39 67 45 30 00 72 42 1,634 01 4154 411 97 529 40 179 05 45 12 2,720 99 343 00 150 00 95 00 80 00 1,554 00 3,100 00 41 25 81,833 00 169 45 12,214 56 113 10 • • • 1 p I 410 • • Media One Menards Metrocall Metropolitan Council MN Fire Service Certification Board MJ Raleigh Trucking Inc M & M Enterprises Office Depot Office Max On Set Computer Corp Pagenet of MN Panasonic PC Solutions Pennwell Publishing Pitney Bowes Quill Corporation Rose Floral Saint Croix Car Wash Saint Croix Catenng Saint Croix Office Supplies Saint Croix Recreation Co Saint Croix Skate and Bike Shifts, Cindy Shortys Cleaners Stack, Barrett State of MN CPV Program Stender, Jeff Stepp Manufactunng Stillwater Gazette Stillwater Motors Stillwater Signs Stillwater Towing Streichers Supenor Ford SYSCO Minnesota TA Schifsky Thompson Publishing Tomten Environmental Services Uniforms Unlimited United Fire & Casualty Co Virtual Phone Wal Mart Wardell, Leslie Waste Management Workwell Occupational Health Services ADDENDUM TO BILLS Cable service -St Croix Rec Center Park supplies Pagers -Sewer Dept May - SAC - July Sewer Certification- Gilliam Black dirt - Parks Dept Washer parts Trackball/floor mats Software/labeler /tape recorder Software upgrade - Engineering Dept Pager -Fire Dept Fax machine- Police Dept Computer maintenance Fire Chiefs handbook/planner Postage meter rental Office supplies Bedding plants for Park gardens Car washes - Police Dept May management fees- Rec Center Office supplies Ramsey Park -gnlls Bikes/racksfights Police Dept Meeting dues Lake Country Laundry-Police Dept Services flood /retaining wall project Membership renewal Parking reimbursement IAOCC Oil lube Publications Repair unit 208 - Police Dept Repay flag pole 3rd St Parking lot Forfeiture tows Bike patrol shorts Crown Victona Squad cars Coffee -St Croix Rec Center Asphalt/Tack IRS employers handbook Phase I Liberty Police uniforms- Peterson/Hanson Final contract Croixwood St Project Vehicle adapter Weed killer/betteries/cassettes Cookies DARE graduation Garbage Service April 99 Employee vaccine- Fire Dept 54.30 332 99 22 57 87,743 55 35 00 207 75 102 60 361 08 151 17 84 00 47 34 1,350 00 32 32 123.47 340.18 458.15 84 49 76 00 9,801 00 468.60 301 34 1,147.64 30 00 70.98 4,432.50 350.00 11.00 173.06 1710 7.91 120 00 311 27 19 05 61,104 00 102 19 1,108 55 256 00 350 00 1,173 02 4,115.97 31.93 365 81 21 92 103,870 72 40 00 Buberyl Recycling Burlington Northern Santa Fe Catco Parts & Service Couner News Coverall of the Twin Cities Department of Commerce -NOTRN Dnver & Vehicle Services GE Capital Gopher State One Call Inc Knesel, Nile Molin Concrete Products Nelson, Keith Northern State Power Plant Health Assoc Quantum Digital St Croix Recreation US West Wal Mart Washington County Treasurer Watson, Dennis Yeardon Fabric Domes Zeuli, Chris Adopted by the City Council this 15th day of June, 1999 Brush waste Permit revenue Rings for repair CI Proceedings Cleaning service Notary renewal - Knesel Police license plates Hard dnve for server May locate calls Supplies Type II curbs/pins Safety shoes Electncdy /Gas Tree protection service Forms/stamps Handicap fountain -Parks Dept Telephone Supplies Title/Register squad cars Computer programming Heater repair Film developing TOTAL 24 00 25 00 581 80 75 1,184.82 40 00 10 50 1,024.34 87 50 86 51 511 20 54 33 18,339 56 81864 58 18 2,478 33 1,042 31 16 42 27 00 417 50 665 00 7 76 466,975.86 • • • t 4 0 • Memorandum June 10, 1999 TO: Mayor and City Council FROM: Klayton H. Eckles �- #'. City Engmeer SUBJECT: Agreement with DNR for Costmg Sharing On Trout Stream Rehabilitation Project DISCUSSION: Attached is a draft copy of an agreement with the Department of Natural Resources that covers cost sharing on the Trout Stream Rehabihtation Project The agreement defines that the State • State of Minnesota will contribute $300,000 toward the project and the City will contribute all of the remaining funds necessary to fund the project up to a total of $350,000 as the City's contribution. Note that this precisely the same as the Council's resolution that stated that the City is in support of the project under these terms. The contract requires that the City's contribution be made soon after the State as obtained a successful bidder for this project. This could require that the City contribute money to the project as early as mid July. RECOMMENDATION: Staff recommends that Council authonze the mayor to execute the contract with the Department of Natural Resources. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 99- , APPROVAL OF AGREEMENT BETWEEN THE CITY OF STILLWATER AND STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES • RESOLUTION NO. 99- APPROVAL OF AGREEMENT BETWEEN THE CITY OF STILLWATER AND STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the agreement with between the City of Stillwater and State of Mmnesota, Department of Natural Resources for support and contribution of City funds m an amount not to exceed $350,000 for the Trout Stream Reahgnment Project, hereto attached as Exhibit A, is hereby approved, and the Mayor is authonzed to sign said Agreement. Adopted by Council this 15th day of June, 1999. Jay Kimble, Mayor ATTEST: Morh Weldon, City Clerk • • • t • • • JUN -03 -99 01:57 PM APM METRO 772 7974 P.02 STATE OF MINNESOTA INCOME CONTRACT income Contract # The, um'ruo, end arnunditxnty and annulment.. Ihchto. vuhject to the Laws of Mimutotu, is by and bete trun "1,1 1141 HART 14") mid 1 • tit• . f t, , r q tl r U. r o N to 1 t ev "S Ali"1 Wit Ill AS. the PUR('I IAbi R has a need for a spcctIlc sulfite, and Wlal REAS, thu NIA I I Is enrpowurcd to enter onto income contracts pursuant to Minn Stat # 24 02U, NOW,1111 RI 10RI , It la agreed tneponinna of MUM Wilms pnmdet i1ie City of S1tliwater (hereinafter 1 1)111 I l'% ill 41 A 11., 1 he SIAM agrees to provide the fultowtng The btatu will hattdie all aapeala of eitnviructom for the rtalignment of Brown's Creek (4TA1 C's Bid Number 99 a -61) including: cngineering dc,ign and spt'cdtc.uona, contractor vciccuun, prnjcat managcnient, and payment processing (1, 1)11111 s 01 PM IR( 11A51 R the PIIR( I IASCR agrees to provide the following The amount by *hit* the total bid rot construction of S FATIes project 994.61 exceeds $300,000 amount provided by PtJRCIUASI'R under this agreement will not • d S ISO,O0V 111. ON1Ir)I k_A 110 ANI) I I RMS 01 PAYMI N I A ('ONSII)t RA 1 9N ( tinsidcrntton for all services perktrn .d and gouda or mutcrwis vuppliad by the S1A it' pursuant to this contract hhail be paid by Ptlkt11AS! R au tcllaws, lotr+t, oI the amount in paragraph 11 above to he paid upon prsentattun of dtwtm,entatinn by the STA'i r of the amount or tie sut.ct.•tful bid fur the abuts pmts t and Ile sin 11 'a aeoeptancc thenttt 11 11 RMS 01 PAYMI N I Paynant shall hi. made by the PLR C'IIASI R within 30days of pivntitatton of documentation provided lift in paragraph IiiA above tY 1't RM UI• CONTRA(' E, Tltia CSmtrtct shalt be eJTeetivc on hint. 1) , 1090, or upon the date that the final required signature Is obtainod by the STATF, pursuant to S11an. Stet. 16C.O5, Swbd. 2, whichever occurs later, and abull saloon in Wet.' until December 31, 2001, or until all obligstitms sot ftinh in this C'ni trust have been sattsfucturdy fulfilled, witichaver oecurl cirri No work lhuuid begin under this contract until AL 1 required signeturca have been obtained and puke ilAb('R iv nutliicct by the 4TATls'b Au(horieed Rcpruertative V. £ jVl ct 1 1 Al ION Rttt contract May be coaled by the PURt'I iASI.R ur S 1 A'l L at any hare, with or without cause, upon thirty (30) days' wrfttcn notice to the other rusty In the event of such a cancellation, the S t A i L aball be cnl llcd to paymmnt, detemtined on a pro rata buts, for wont or moisten satlafactnniy purl,iniwd AIMS Iroti two) mil Incims C oMraw t(j r►r PI' nbet JUN — @3 -99 01 :57 PM APM METRO 772 7974 P.03 VI ALI I1IORI /I'D AtIMN l'X the PURL IIASLRs Authnnred Agent for 11w purposes of administration of the contract Is The S 1 ATM Mutton/ad Agent On the purposes of admnvIatrutton of this contract to ;axon Mtmckel. I311R Metro Fisheries • Liar authorized agent shall have final authority tor acceptance of services of Ihv other party and shall have respelnsrhillty to etaun, that ell payment% else to the other putty an paid pursuant to the terms of tht4 contract. VII Ast1ItlNM1Nj Woke: thoPUNC11ASI'k nor the S'IAI shall assign or transfsrany rights or obligations under this Contract without ihs prior written approsal of the other party VILt I IAIt11 I 1 Y rue patty wtil be responsible for their own act% and behavior and the results thereof. 1 he S IA 1 l.'s liability will he governed by the Mtnnasuta 1 art ( lawn. Act, Minn Mat ! 3 736 and other applicable laws 1 C AMI NI)MlN 1 S Any ari..ndinent% to this controet shall be In wnung and shall bs executed by the same putties who exxutc'd the original contractor their euesestore to °Mice X 1MTA PRAC LICI'y 1 he PIIR( 1IASI R egress to co nply with the Mlnims:nu Data Pruucas Act as It Millet to aH data provided by the STA 11 in noontime with this contract anJ o% it applies to all data created, gethcrcd, sonorated or acquired in eccurdunce with this Contract \t ItIR1S))IC"1JjjN AND VIMil 1 his Contract Venue lur all legal pits eedInen atItltlg out of Vint t'n Itruct, or breach thereof. shu11 ha to the state or hdcral curt with competent An ndietiun in Ramsey C aunty, Minnesota. XGl tit A 11 Al 11►1 IS The h xika, records, doeunrvno.. and auuunting prosadurea and piueheei or the CON MAO OR rotovant to this vontrect shall be subye,t to I examuradon hy the eantracung duprltnient and the 1 optative Auditor Xlit i)1 III R PROVISIONS (Attach additional pages as necsesary and inccrpalate by ratan:nce hum ) Othcrwisu "none " IN'WI I NI ♦S Will RPUP, the partte4 have ;awed this contract to be duly executed intending to he bound thereby AP,'ROt• l 1) 'PURCHASER rwtt'ItAsi R utilise thuI the appropriate person(a) have executed the C uhtntct inn bch24 ul the Pt IRE 1 tA1l 11 as requirei by apphcablc trucks. hy taw,.rctl.iutf on% ill" 'HA rtlncc'4 By Date' Ry: Title. Date: Copy 1 SI* Aarilky ywwdrl Lot. goal Ca hae Ct4 Pu. i Aw+xer (1 n u1 Copp d tte Army M..wmug 2 STA1 E AGENCY Contract approval and curb l iaitinn that i rA 11. funds have been encumhercd as required by Minn Sett II 1I A 15 and 16C' 0S By' Date 3 ATTORNEY GrNI?RAL As to form and execution By (authorized signature): Date 4) Ili1 (Wilma 1,I' t11P1,1 44) Inur Ciudad IA1trn.r In Vunawl 2 • • • • June 10, 1999 TO: FROM: SUBJECT: Memorandum Mayor and City Council Klayton H. Eckles City Engmeer I Boonestroo, Rosene Anderlik & Associates Professional Services Contract DISCUSSION: Attached is a copy of a proposed Professional Services Contract from Bonestroo, Rosene, Anderlik and Associates This contract is a "umbrella" contract that would allow the City to use the services of BRA for various routine engmeenng services without first having to obtain a separate agreement for each project This contract would eliminate the need of having multiple outstanding agreements with the same firm. In addition, it would allow staff to consult with BRA regarding tumor and miscellaneous engmeenng questions on an hourly basis This is especially desirable when we have questions regarding a project where the contract has expired. It should be pomted out that this does not require that the City exclusively use BRA for its engmeenng Approval of this contract would simply reduce the amount of paperwork necessary to contmue work with BRA on a number simultaneous projects. For the past couple of years, we have been using a number of consultants including BRA, SEH, SRF, Westwood Professional, Service Environmental, Foltz, Freeman and Dupre, and Stack Land Surveying. During the past two years, the City has not had any similar umbrella contracts with these firms Instead, we have relied on individual contracts for each specific project. The proposed umbrella contract would be appropnate if Council foresees that we will continue using the services of BRA for a sigmficant portion of the City's engmeenng and consultmg needs. One possible alternative would be to develop a simpler contact that would only cover miscellaneous and supplemental engineering services that would cover routine mquines and consulting needs. Larger projects could continue to be done by mdividual contracts RECOMMENDATION: Staff recommends that Council review the attached umbrella contract and determine its appropnateness. ACTION REOUIRED: If Council detenmines that the attached contract with BRA is appropnate, Council should pass a motion adoptmg Resolution No. 99- , RESOLUTION APPROVING BONESTROO, ROSENE ANDERLIK & ASSOCIATE AGREEMENT FOR PROFESSIONAL SERVICES. RESOLUTION NO. 99- RESOLUTION APPROVING BONESTROO, ROSENE ANDERLIK & ASSOCIATE AGREEMENT FOR PROFESSIONAL SERVICES BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Professional Services Agreement between Bonestroo, Rose, Anderhk & Associates and the City of Stillwater, hereto attached as Exhibit A, is hereby approved and the City Clerk is authorized to sign said Agreement on the City of Stillwater's behalf. Adopted by the City Council this 15th day of June, 1999 Jay Kimble, Mayor ATTEST: Mork Weldon, City Clerk • • • • • PROFESSIONAL SERVICES AGREEMENT Between CITY OF STILLWATER, MN And BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. This is an Agreement, effective on , 1999, between the City of Stillwater, MN ( "City"), and Bonestroo, Rosene, Anderlik & Associates, Inc , a Minnesota corporation, ( "Engineer"), for professional engineering services as well as for professional services in the planning, design and construction of public works and special projects SECTION 1. ENGINEER'S SERVICES 11. General The City intends to retain the Engineer from time to time to provide services to the City Each engagement of the Engineer by the City or each construction project shall be referred to as a "Project " The City reserves the right to retain others to perform engineering services for the City 1.2 Basic Services for Construction Projects For construction projects, the Engineer will provide the "Basic Services" described in Appendix A Basic Services for construction projects consists of two phases 1) Design Engineering Phase a Feasibility Study / Report b Final Design 2) Construction Engineering Phase 1 3. Supplemental Services 1.3.1. For construction projects, Engineer will provide "Pre - authonzed Supplemental Services" identified in Appendix B, Section 1 1 3.2. If authorized in writing by the City, the Engineer will furnish "Other Potential Supplemental Services" that are identified in Appendix B, Section 2 1.4. Other Investigations. Studies and Reports The City may direct the Engineer to provide services not related to a construction project ( "Special Studies ") Examples of Special Studies include traffic studies, transportation studies, feasibility investigations, studies and reports, sanitary sewer, water, and stormwater system master plans, environmental assessments, worksheets or impact statements, and rate studies For Special Studies, the Engineer will provide the City with a written scope of services and an estimate of the costs, and will not begin work until authorized by the City SECTION 2. THE CITY'S RESPONSIBILITIES The City is responsible for all matters described in Appendix C J 1MKTAAGRISLIIwater Al 243 doc 1 SECTION 3. COMPENSATION 3.1. Payment for Basic Services 3.1.1. For Design Engineering Basic Services, the City will pay the Engineer as set forth in Appendix D 3.1 2 For Construction Engineering Basic Services, the City will pay the Engineer on an hourly basis according to the rates in Appendix E 3.2 Payment for Supplemental Services 3.2.1 For the preparation of reproducible "Record Plans," the City will pay the Engineer 1/2 percent of the Construction Cost of the Project when such Cost is greater than $100,000 For the preparation of reproducible Record Plans when the Construction Cost of the Project is less than $100,000, the City will pay the Engineer on an hourly basis according to the rates in Appendix E 3 2.2. For all other Supplemental Services described in Appendix B and for other services not provided for in this Agreement, the City will pay the Engineer on an hourly basis according to the rates in Appendix E 3 3 Payment for Special Studies The City will pay the Engineer for these services as agreed upon by the parties, either on a lump sum basis or on an hourly basis according to the rates in Appendix E 3.4. Payment for Reimbursable Expenses In addition to engineering fees, the City will pay the Engineer for Reimbursable Expenses on the basis of the Engineer's cost Although not a complete list, examples of Reimbursable Expenses include the costs of plotting drawings and the reproduction of drawings and specifications, project- specific printing, duplicating, tabs and indexes, testing, mileage, travel and per diem expenses of the Engineer for out -of -town trips required for a Project, long distance telephone calls and faxes as required to expedite the work, the costs for cellular phone calls /service for Engineer's field personnel on a Project, project photographs taken before and during construction, construction stakes, postage and delivery charges, and out -of- pocket expenses incurred directly for a Project 3.5. Progress Payments The City will make progress payments to the Engineer in proportion to services performed, as reasonably estimated by the Engineer The Engineer will invoice the City monthly during the progress of the work The City shall pay each properly documented invoice of the Engineer within 30 days after the City's receipt of such invoice Owner may not reserve as retainage any portion of a payment due under this Agreement 3.6. Objections to Invoices /No Deductions It is important for the Engineer to be promptly informed of problems If the City objects to any portion of an invoice, the City shall notify the Engineer in writing within twenty days of the invoice's receipt The City agrees to pay any undisputed portions of an invoice No deductions shall be made from the Engineer's compensation on account of penalty, liquidated damages, or other sums withheld from payment to contractors, except as may be determined by mediation, arbitration, litigation or other dispute resolution mechanism to which the Engineer is a party J \MKTAGR\Stillwater Al 243 doc 2 • • • • • • 3.7. Suspension of Work If the City fails to make payments when due or otherwise breaches this Agreement, the Engineer may suspend work after providing five days notice to the City The Engineer will not be liable for any costs or damages resulting from such a suspension of work 3.8 InterestlCollection Costs The City agrees to pay the Engineer 1% per month interest on all invoices of the Engineer, with interest beginning to accrue 30 days after the date of the invoice If the Minnesota Prompt Payment Act (M S §471 425) requires a higher rate of interest, that rate shall apply If the City fails to pay Engineer all amounts owing pursuant to the terms of this Agreement, the City agrees to pay all costs of collection, including reasonable attorney's fees, in addition to all other amounts due under this Agreement SECTION 4. GENERAL CONSIDERATIONS 4.1. Standard of Care The Engineer shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by a professional engineer under like circumstances Nothing in this Agreement, or otherwise prepared as a result of the Project, shall modify the foregoing standard of care 4.2 Delays Both the Engineer and the City will put forth reasonable efforts to complete their respective duties in a timely manner Because the Engineer's performance must be govemed by sound professional practices, the Engineer is not responsible for delays occasioned by factors beyond its control or that could not reasonably have been foreseen at the time of preparation of this Agreement 4.3. Opinions of Costs and Schedules Since the Engineer has no control over the cost of labor and material or over competitive bidding and market conditions, the Engineer's Opinion of Probable Construction Cost and of Project schedules can only be made on the basis of experience or qualifications as a professional engineer The Engineer does not guarantee that proposals, bids, actual Project costs or construction schedules will not vary from Engineer's opinions or estimates If the City desires greater assurance as to the anticipated Construction Cost of the Project, the City shall employ, or instruct the Engineer to provide as a Supplemental Service, an independent cost estimator 4.4 Insurance 4.4.1. The Engineer agrees to maintain a professional liability insurance policy for negligent acts, errors or omissions in an amount of at least $2,000,000 annual aggregate, on a claims -made basis, as long as such insurance is reasonably available under standard policies at rates comparable to those currently in effect The Engineer will not cancel the insurance until thirty days after providing the City written notice 4.4.2. The Engineer shall maintain 1) Statutory workers compensation and employers' liability insurance coverage 2) Comprehensive general liability and automobile liability insurance coverage in the sum of not Tess than $1,000,000 each J \MKTWGR\Stillwater Al 243 doc 3 4.5. Ownership of Instruments of Service Documents (Including Digital Data) prepared by the Engineer, such as drawings, specifications and reports ( "Engineering Documents ") are instruments of the Engineer's professional services, and not products The Engineering Documents are prepared for a specific Project, and may not be used for other Projects For health and safety reasons, the City agrees it will not use the Engineering Documents (except for computer hydraulic or hydrologic modeling data) for other purposes or provide them to other persons If the City violates this provision, it waives any resulting claims against the Engineer, and agrees to defend and indemnify the Engineer from any resulting claim or liability (including reasonable attorneys' fees) 4 6. Malta! Data 4 6.1. If included in Basic or Supplemental Services and as a convenience to the City, the Engineer will furnish the City with electronic data versions of certain drawings or other written documents ( "Digital Data ") provided in hard copy form In the event of any conflict between a hard copy document and the Digital Data, the hard copy document govems The Digital Data shall be prepared in the current software in use by the Engineer and is not warranted to be compatible with other systems or software 4.6.2 Any Digital Data submitted by the Engineer to the City is submitted for an acceptance period of 60 days ( "Acceptance Period ") Any defects that the City discovers during this period and reports to the Engineer will be corrected by the Engineer at no extra charge For correction of defects reported to the Engineer after the Acceptance Period, the City shall compensate Engineer on an hourly basis at Engineer's billing rates set forth in Appendix E The City understands that the Digital Data is perishable and the City is responsible for maintaining it 4 7. Termination. Suspension or Abandonment 4.7.1. The City or the Engineer may terminate or suspend this Agreement The terminating or suspending party shall notify the other party 14 calendar days prior to the effective date of the termination or suspension 4.7.2 The Engineer and the City will cooperate if the Engineer's work is terminated, suspended or abandoned for any reason In addition, the City shall timely pay the Engineer for services rendered and costs incurred as required by this Agreement Services and costs shall include those rendered and incurred up to the time of termination, suspension or abandonment, as well as those associated with the termination, suspension or abandonment itself, pursuant to the rates in Appendix E If a Project is reinstated, an equitable adjustment to the Engineer's compensation may be necessary 4.8. Dispute Resolution 4.8.1. In an effort to resolve any conflicts that arise out of the services under this Agreement, all disputes between the City and the Engineer arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencing arbitration or litigation 4.8.2. Unless the City and the Engineer mutually agree otherwise, all claims, disputes, and other matters in question arising out of or relating to this Agreement which are not resolved by mediation and where the amount in controversy is less than $200,000, shall be decided by binding arbitration in accordance with the then -most current Construction Industry Rules of the American Arbitration Association 4.8.3. In the event of litigation or arbitration arising from or related to the services provided under this Agreement, the prevailing party is entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees and other related expenses J WIKT AGR\Shllwater Al 243 doc 4 • • • • 4.8 4. If the Engineer or the City intends to assert a claim against the other as a result of a dispute with a third party, the claiming party shall notify the other party as soon as possible, and in any event prior to resolving the dispute with the third party 4.8.5. So that any claims of the City may be intelligently addressed by the Engineer, the City agrees to make no claim for professional negligence against the Engineer unless the City has first provided the Engineer a written certification signed by an independent Engineer licensed in Minnesota and currently practicing in the same discipline The certification shall specify every act or omission of the Engineer that is a violation of the applicable standard of care and the basis for the certifier's opinion(s) This certificate shall be provided no fewer than 30 days prior to instituting arbitration or suit 4.8.6. Causes of action between the Engineer and the City relating to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of substantial completion of a Project 4 9. Hazardous Substance The Engineer's scope of services does not include any services related to hazardous or toxic materials, including asbestos and PCBs If it becomes known that such materials may be present at or near a Project that may affect the Engineer's services, the Engineer may suspend performance of its services, without liability, and will assist the City to retain appropriate specialist consultants to adequately identify and abate such materials so that Engineer's services may resume 4.10. Governing Law • This Agreement shall be governed by the laws of the State of Minnesota and any dispute shall be venued in the state or federal courts in Minnesota 4.11. Integration This is an integrated Agreement and it supersedes all prior negotiations or agreements between the parties It shall be modified only by a written document signed by the party sought to be bound The provisions of this Agreement are severable, and if any provision is found to be unenforceable, the remaining provisions continue to be valid, and the unenforceable provision shall be reformed with a valid provision that comes as near as possible to expressing the intention of the unenforceable provision 4.12. Assignment Except for the Engineer's use of necessary consultants, the Engineer and the City shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld SECTION 5. LIABILITY Having considered the potential liabilities that exist during the performance of the Engineer's services, the benefits of a Project, the Engineer's fee for its services, and the promises contained In this Agreement, the City and the Engineer agree that risks should be allocated in accordance with this section, to the fullest extent permitted by law 5.1. Indemnification The Engineer and the City each agree to defend and indemnify each other from liability for claims, losses, damages or expenses (including reasonable attorney's fees) to the extent they are caused by their negligent acts, errors or omissions relating to this Agreement In the event the J MK11AGMbllwater Al 243 doc 5 claims, losses, damages or expenses are caused by the joint or concurrent negligence of the Engineer and the City, they shall be bome by each party in proportion to its own negligence 5.2. Limitation of Liability The Engineer's and its employees' aggregate liability to the City for any and all claims, losses or damages arising out of any Project or this Agreement for any cause shall not exceed the insurance proceeds available at the time of settlement or judgment This limitation shall apply regardless of the cause of action or legal theory pled or asserted 5.3. Consequential Damages Neither the City nor the Engineer shall be liable to the other for any consequential damages incurred due to the fault of the other or their agents Consequential damages include, but are not limited to, loss of use and Toss of profit IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written ENGIN EER: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. J \MKT\AGR\StIlwater Al 243 doc CITY: CITY OF STILLWATER, MN By Jay Kimble, Mayor Date And By Nile Knesel, Coordinator Date 6 • • • Appendix A Basic Services for Construction Projects The Engineer's Basic Services for construction projects consist of the Design Engineering Phase and the Construction Engineering Phase, which are descnbed below Design Engineering Phase 1. Feasibility Study / Report Upon receipt of the City's authorization to proceed with the Feasibility Study /Report, the Engineer will 1 1 After consulting with the City, prepare an engineering feasibility report on the Project The report will indicate the scope of the Project and include the following elements 1) Summary of preliminary design alternatives and recommendations, 2) Engineer's Preliminary Opinion of Probable Construction Cost, 3) Administrative, legal, bonding and engineering cost estimates based on a percentage of the construction cost, 4) List of permits required from other governmental and administrative bodies, 5) Project sketches indicating the general nature of the proposed Project improvements, 6) Proposed funding sources 1 2 Outline the anticipated permanent and temporary easements and rights -of -way needed for the construction of the Project 1 3 Submit 15 copies of the Feasibility Report to the City five calendar days before review by the City Council • 1 4 Using maps and diagrams which depict the nature and location of the Project, present the data contained in the Report to the City Council at a public hearing 2. Final Design Upon receipt of City authorization to proceed with the Final Design, the Engineer will 2 1 Design and prepare detailed plans and specifications for the Project During the design and preparation of the plans and specifications, the Engineer will periodically consult with the City's appointed representative to obtain the City's comments Upon completion, the Engineer will submit five sets of the plans and specifications for review by the City, five calendar days prior to their review and approval by the City Council at a public meeting 2 2 Prepare the Contract Documents for review by the City and its attorneys, which include 1) Construction agreement forms 2) Payment and performance bond forms 3) General conditions 4) Special provisions 5) Specifications 6) Detailed plans 7) Proposal forms The Engineer will furnish Contract Document sets in sufficient quantity to satisfy the number of anticipated bidders J WIKTIAGR\Sbilwater Al 243 doc A -1 2 3 Advise the City as to necessary services in addition to those furnished by the Engineer, such as land and easement surveys, soil borings, testing services and other information needed for a Project If authonzed by the City, the Engineer will assist the City to procure these services The providers of these services will contract directly with the City and issue invoices directly to the City 2 4 Prepare a statement of the Engineer's Opinion of Probable Construction Cost for the Project, based upon designs established to this point 2 5 Upon receipt of City Council authorization to proceed, the Engineer will assist the City in obtaining and analyzing construction bids for the Project Based on the bids, the Engineer will prepare a recommendation for award Construction Phase Upon receipt of City authorization to proceed with the Construction Phase of the Project, the Engineer will 1 1 Organize, attend and assist the City at the pre - construction conference with the successful bidder, and any other parties, bodies, or agencies who have an interest in the Project 1 2 Provide construction survey staking 1 3 Visit the Project site at appropriate intervals during construction to become generally familiar with the progress and quality of the contractor's work and to determine if the work is proceeding in general accordance with the Contract Documents The City has not retained the Engineer to make detailed inspections or to provide exhaustive or continuous project review and observation services Further, the Engineer does not supervise or have control over the Contractor's work, the means or methods of construction, or safety precautions in connection with the work As a result, the Engineer does not guarantee the performance of a contractor, and has no responsibility for the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on a project (More extensive site representation may be agreed to as a Supplemental Service, as described in Appendix B ) 1 4 Review of shop drawings, samples and other submittals Engineer shall review shop drawings, samples and other submissions of the Contractor solely for their general compatibility with the Engineer's design intent and conformance with information given in the Contract Documents The Engineer shall not be responsible for any aspects of a shop drawing submission relating to the duties of the Contractor (such as the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto) all of which are the Contractor's responsibility, and not the responsibility of the Engineer 1 5 Review the Contractor's request for progress payments, advise the City in writing as to the Engineer's opinion of the extent of the work completed in accordance with the terms of the Construction Contract, and issue for processing by the City all requests for payment 1 6 Make recommendations to the City as to all claims relating to the execution and progress of the construction work 1 7 Issue such additional instructions to the Contractor as may be necessary to interpret the drawings and specifications or the illustrated changes required in the Contractor's work 1 8 After consulting with the City, prepare Change Orders for work not covered by the Contract or for substantial over -run of estimated "contract quantities" as defined in the Project's Contract Documents, for the City's approval and execution Change Orders shall be processed as soon as practical after the City provides written approval to the Engineer The City understands that Change Orders may be required during a Project for many reasons, including because of J \MKT AGR\Stillwater Al 243 doc A -2 • • • • Incompleteness, errors, or ambiguities in the Construction Documents The Engineer shall not be liable for any type or quantity of Change Orders that are within professional standards In no event shall the Engineer be responsible for paying the cost of a Change Order or other change to the extent that it would have been otherwise necessary to a Project or otherwise adds value or betterment to a Project 1 9 Conduct construction progress reviews with the Contractor and the City related to the Contractor's date of completion 1 10 Coordinate periodic field tests during the course of construction 1 11 Conduct an inspection to determine if the work is substantially complete On the basis of its on- site observations, the Engineer shall prepare a "punch list" for the Contractor, listing work left to be completed by the Contractor 1 12 Conduct, in the presence of the City's Representative, a final inspection of the Project as constructed to determine whether it 1) Generally conforms with the Engineer's design concept of the Project as contained in the Contract Documents, and 2) Appears to be constructed in accordance with the Contract Documents The Engineer shall certify a recommendation for acceptance of the work to the City and then shall forward to the City a written approval of the Contractor's Request for Final Payment which shall be signed by the Contractor 1 13 Arrange for the City to receive detailed instructions regarding the operation and maintenance of any equipment, machinery or apparatus installed as part of the Project Such instructions shall be supplied by the Contractor and manufacturers' representatives 1 14 Collection of field- measured quantities required to produce "Record Plans " The Engineer's review of the Contractor's work (including reviewing the Contractor's shop drawings and samples, work product and requests for payments) do not increase the responsibility or duties of the Engineer beyond those explicitly described elsewhere in this Agreement By making these review efforts, the Engineer does not guarantee the performance of the Contractor or assume responsibility for any acts or omissions of the Contractor, including any failure of the Contractor to properly perform its work or comply with its obligations, and the City's sole remedy for the Contractor's acts or omissions is from the Contractor and not the Engineer J \MKT\AGR \Stillwater Al 243 doc A -3 Appendix B Supplemental Services 1. Pre - Authorized Supplemental Services By this Agreement, the City pre - authorizes the Engineer to provide the following Supplemental Services 1 1 Preliminary surveying 1 2 Assist the City in preparing applications necessary for approvals, permits and licenses from other entities, such as the Minnesota Department of Transportation, Minnesota Department of Health, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, U S Army Corps of Engineers, watershed districts, railroads, and private utilities, and making any unanticipated changes resulting therefrom 1 3 Making revisions in drawings, specifications or other documents when such revisions are 1 3 1 Requested by the City and are inconsistent with approvals or instructions previously given by the City, 1 3 2 Required by the enactment or revisions of codes, laws or regulations subsequent to the preparation of such documents, 1 3 3 Due to changes required as a result of the City's failure to render decisions in a timely manner, or 1 3 4 Due to any other causes beyond the Engineer's control 1 4 Providing consultation regarding the replacement of all such parts of the Project as may be damaged by fire or other cause during construction and assisting the City in arranging for continuation of the work should the Contractor default for any reason 1 5 Providing services made necessary by the default of a Contractor, by major defects or deficiencies in the work of a Contractor, or by failure of performance of either the City or a Contractor under the Contract for construction 1 6 Construction dispute resolution assistance 1 7 Providing services in connection with warranty work to be done by the Contractor 1 8 Prepare and furnish the City a set of reproducible "Record Plans" of the construction Project showing those changes the Engineer considers significant which were made during the construction process, based on marked -up prints, drawings, and other data furnished by the Contractor, upon which the Engineer may rely in preparing the Record Plans 2. Other Potential Supplemental Services If authorized by the City, the Engineer will provide the following services 2 1 Pre - project concept development This work includes assisting the City with defining the scope of a Project 2 2 Transportation and bridge engineering and planning services, including 2 2 1 Transportation analysis which encompasses and benefits an area greater than that of the Project 2 2 2 Traffic signing and pavement marking design 2 2 3 Traffic analysis, signal justification reports, and development of signal timing associated with preparing traffic signal plans and specifications 2 2 4 Traffic analysis required for roadway and intersection geometric design 2 2 5 Project development reports (project path, and project memorandum, and design study) required for Mn- DOT - funded projects 2 3 Attendance at neighborhood meetings 2 4 Assistance with assessments 2 5 Attendance at and assistance with assessment hearings 2 6 Assistance with easements 2 7 Operator training 2 8 Preparation of detailed operation and maintenance manuals 2 9 User rate studies J \MKT\AGR \SUllwater Al 243 doc B -1 • • • • 2 10 Pilot testing 2 11 Preparation of applications for funding assistance 2 12 Hydraulic and hydrologic studies, such as 2 12 1 Hydraulic analysis benefiting an area greater than that of the Project 2 12 2 Stormwater, surface water and groundwater quality analyses 2 13 Attendance at more than one public hearing per Project 2 14 Assisting the City or its representative in connection with mediation, arbitration, litigation or other proceedings involving the Project, including preparing to testify and testifying as an expert witness 2 15 Providing one or more full -time Resident Project Representatives (and assistant[s]) in order to provide the City with continuous representation at the Project site during the Construction Phase, but only if requested by the City or recommended by the Engineer and authorized by the City 2 16 Providing any other service not otherwise included in Basic Services or not customarily furnished in accordance with generally accepted engineering practice • • J \MKT\AGR \Stillwater Al 243 doc B -2 Appendix C The City's Responsibilities The City shall 1) Provide full information as to its requirements for a Project The City will adequately define the scope of a Project Assistance by the Engineer during the scoping phase will be compensated as a Supplemental Service 2) Furnish to the Engineer, prior to any performance by the Engineer under this Agreement, a copy of any planning, design and construction standards which the City shall require the Engineer to follow in preparation of Contract Documents for a Project 3) Place at Engineer's disposal all available written data pertinent to the Project, including existing reports, plats, surveys, contour mapping, utility mapping, record plans, wetlands, land -use, and zoning maps, borings and other data affecting the design and /or construction of a Project 4) Acquire all land, easements, and rights -of -way for the Project and provide for land surveys and the preparation of legal descriptions and exhibits, certificates or plats 5) Provide access to the Project site and make all provisions for the Engineer to enter upon public and private lands as required by the Engineer to perform its services 6) Examine all studies, reports, sketches, Opinions of Probable Construction Costs, specifications, drawings, proposals and other documents presented by the Engineer and promptly render the City's decisions pertaining to each of such documents 7) Provide legal review of the Contract Documents and provide any required accounting and insurance counseling services for the Project 8) Designate a single person to act as the City's Representative with respect to the Engineer's services Such person shall have complete authority to transmit instructions, receive information, and interpret and define the City's policies and decisions with respect to services covered by this Agreement, subject to City Council approval when required by law 9) Give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect in the Project or any development that affects the scope or timing of the Engineer's services 10) Furnish, or instruct the Engineer to provide at the City's expense, necessary "Other Potential Supplemental Services" as provided in Appendix B as they may be needed for a Project 11) Furnish to the Engineer, as required by the Engineer for performance of its services, information or consultations not covered in the Engineer's Basic Services, such as core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment, appropriate professional interpretations of all of the foregoing, property, boundary, easement, and right -of -way surveys and property descriptions, zoning and deed restrictions 12) Furnish environmental assessments, audits, investigations and impact statements, and other relevant environmental studies for the Project, the site and adjacent areas 13) Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the work J \MKT\AGR\Stdlwater Al 243 doc C -1 • • • r • • 14) Act promptly on all construction Change Orders and provide authorization before Change Orders are issued to the Contractor on a Project 15) Furnish inspection or monitoring services as the City desires to verify that Contractor is complying with all laws or regulations and to verify that Contractor is taking all necessary safety precautions to protect persons and property, as the Engineer in this Agreement does not undertake to perform these services In performing its services, the Engineer may rely upon the accuracy and completeness of all City provided information J \MKT\AGR\Shilwater Al 243 doc C -2 Appendix D Compensation for Design Engineering Basic Services 1 Construction Cost of the Project The Fee for Design Engineering Basic Services is a percentage of the "Construction Cost of the Project," which is the total cost of all work designed or specified by the Engineer for the Project, including change orders It is determined as follows, with precedence in the order listed 1) For completed construction, the costs to the City of all construction work performed, including the value of all alternates designed, whether awarded or not 2) For construction work bid but not constructed, the lowest bona fide bid received from a qualified bidder, including the value of all alternates designed, whether awarded or not 3) For work for which bids have not been received, the Engineer's latest Opinion of Probable Construction Cost "Construction Cost of the Project" does not include 1) Any payments to the Engineer or its consultants 2) The cost of the land or right -of -way 3) Other costs which are the responsibility of the City described in Appendix C that were not specified by the Engineer 2. Determining the fee for Design Engineering Basic Services. For providing Design Engineering Basic Services on construction projects, the City shall pay the Engineer as follows (the "Fee ") 1) For projects that the Engineer believes the construction cost will be more than $100,000, the City shall pay the Engineer a percentage of the Construction Cost of the Project The applicable percentage is found in Schedule 1 or Schedule 2 below Construction Cost Basic Services Design Engineering Fee for Phase Schedule 2 Schedule 1 $ 100,000 11 05% 8 56% 150,000 10 45% 8 18% 200,000 9 85% 7 80% 250,000 9 26% 7 42% 300,000 9 03% 7 27% 400,000 8 56% 6 95% 500,000 8 09% 6 65% 750,000 7 51% 6 30% 1,000,000 7 15% 5 91% 2,000,000 6 48% 5 46% 4,000,000 6 04% 5 04% 6,000,000 5 89% 4 85% For a construction cost between listed amounts, the fee will be interpolated. Schedule 1 establishes the Fee for the following types of construction projects a) Projects involving process engineering (e g , pumping stations, wells, etc ), b) Projects which require outside funding agency approval, c) Structural facilities (e g , pumphouses, bridges, retaining walls, etc ), J \MKTIAGR\Sbllwater Al 243 doc D -1 1 ir • • • d) Park work and landscape architecture, e) Multi- agency projects, f) Traffic signal projects g) Street reconstruction projects Schedule 2 establishes the Fee for all other types of construction projects 2) For projects that the Engineer believes the construction cost will be less than $100,000, the City shall pay the Engineer for Basic Services on an hourly basis in accordance with Appendix E, Billing Rate Schedule As an alternative for a particular Project if agreed to by both parties, the City shall pay the Engineer on a lump sum basis where, for each such Project, the amount is negotiated between the two parties 3. Payment for Feasibility Study / Report For completion of the Feasibility Study / Report portion of the Design Engineering Phase, City shall pay Engineer on an hourly basis according to the rates in Appendix E As an alternative for a particular Project if agreed to by both parties, the City shall pay the Engineer on a lump sum basis where, for each such Project, the amount is negotiated between the two parties The amount paid for the Feasibility Study / Report shall be credited against the Fee if and when the Project moves forward into Final Design, subject to the following 3 1 The amount of the credit shall not exceed 20 percent of the Design Fee, and 3 2 A partial credit shall be issued for studies 1) that exceed the normal scope of services for the Feasibility Study /Report, and 2) in situations where only a part of the study recommendations proceed to Final Design J \MKT\AGR\Stiliwater Al 243 doc D -2 Appendix E 1999 Billing Rate Schedule Classification Hourly Rate Senior Principal $94 50 Principal /Project Manager, Senior Scientist 84 50 Registered Engineer /Architect/Landscape Architect, Natural Resource Specialist 73 50 Project Engineer /Architect/Landscape Architect /Scientist, Sr Field Supervisor 64 50 GIS Specialist, Senior Designer 63 50 Graduate Engineer /Architect/Scientist, Field Supervisor 57 50 Senior Drafter /Inspector 52 00 Inspector, Drafter, Senior Technician 48.50 Technician 34 50 Word Processor 34 00 Total Station Equipment 20 00 GIS Workstation Equipment 20 00 GPS Equipment 50 00 / half day Attendance at City Council Meetings 50 00 / meeting These rates are multiplied by a factor of 1 3 for review of private developers' plans and for inspection of construction projects designed by others, to cover professional liability insurance costs and legal expenses These rates are adjusted annually at the first of the year, in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and Associates, Inc J \MKTWGR\Sbllwater Al 243 doc E -1 • • MEMORANDUM TO: Mayor and City Council FROM: Diane Deblon, Finance Director DATE: June 10, 1999 SUBJECT: Cooperative Purchasmg Venture Contract Background For several years the City of Stillwater has participated as a member of the State of Minnesota purchasmg cooperative. A number of departments find this service to be a benefit for the procurement of capital outlay equipment and other items. The membership fee is for a one year period and costs $350.00 per year. Recommendation likaff recommends approving the renewal of the city's membership in this program. • May 18, 1999 Dear Governmental Unit Department of Administration Materials Management Division 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Voice: 651.297.2683 Fax: 651.297.3996 TTY: 651.282.5799 Enclosed please find a brochure and application/renewal form for membership in the State of Minnesota Cooperative Purchasing Venture program. The program offers many benefits, such as cost and time savings, to members who can purchase goods and services under contracts already established by the State of Minnesota The ability to utilize preexisting contracts eliminates the need for members to solicit, award, process and maintain contracts. The favorable pricing provided to the state is available to members through this program. If you are a current member, the state has eliminated the need for you to execute a separate agreement each year. To exercise your renewal option, simply complete the enclosed renewal form and provide the $350.00 membership fee. If your fee is received by June 30, 1999, your membership will be renewed automatically. You will not receive a CPV agreement as you did in the past. It is important, however, that the state receive the renewal form to ensure that you have access to contract information. If you are joining the program, please submit the enclosed application/renewal information form and return it to the address shown along with the $350.00 membership fee. The fee will cover membership for fiscal year 2000 (July 1, 1999 to June 30, 2000) and is not prorated. Following receipt of your application and fee, you will be sent a Cooperative Purchasing Agreement for execution. After you submit the executed agreement, you will receive a membership permit number and security access code. Thank you for your interest in the Cooperative Purchasing Venture program. If you have any questions about the program or the application/renewal process, please contact Sherry Brown at 651.297.2683. Sincerely, .1 —.—/ tt: / 1:, b/YA Paul Stembler Assistant Director Enclosure • , Providing Opportunities , ` , "' ,'.. ::.j.: ,; ,,,„1,;:,,,,c,,,,/,,,,, �r, ,,,z, 4,,- , _ " • for Minnesota's '';, :' ' ;,CPV #helps members:'`;' � `' `�;* Governmental Units ,., ' r •; f+, ,' tgA,D , r. „, s ,'+ 440, , "✓ reduce or researching prod- , 1 1 ,. , „„,4„A,..,:, ' uct specos; ; , y.' , .., , " ,. ' ,, ;, +4,1 ,,4 ` '' 1 ` ' , ✓ enhance mproduct` selection, ` ' attainingniaximum :value;x�°;,' ' , , L1QPFTIVE - .4{ 4,11.'. 1,1 1 `t ■ ¢ft ENTURE , 4What; is The Cooperative Purchasing Venture is a •, program that alloy/ members to purchase > i' M 1+ 1 1 , - ✓ minimize ?time'idenf� ;,.4.:„ g^new,vendors; and ✓ reduce or eliminate the; tim and'expense' ` . "required. to award,Eprocess andmaintain , ';'• t'.- S "i`�,' .'. ' „�•,,.''h 1"1. maintain ' a contract, , r,,' % ` ' , +'ti.%4 •'. q' 1r+. •";$” ;', , : CPV1 membership ? includes: F 1,1 immediate: access:.to contractiinformation: ' via the;lviaterials,Management Division's' ., ,`, +3 h N Management , Fax service�,oryweb sit,/e�,;,:�p.�*' ' „,,,Ii.,',,,:'-',4,'' ,,,;1 1 '•W •,, i,; h,,{'.''•i k'+'L.'7er;18N i ✓.•�%h-`,, .'.' ; ✓, instructions and guidance�to'ensure your ' ".'r connection=works;rand f .4 ?,';r 5 y ,3 , .,•ri.•q, t,. “sz . zip`:,,:. '; • t. ' ' ' ✓ prompt,; efficient member :support, including t, goods and services under contracts estab- `' ' ' assistance:'in contract interpretation. •'ttl ■ f' , ,•w'y j�., n1. •,,'r! 'fir � ,l • i t , ii' lashed by the State of Minnesota. The ;�' annual membership period is from July 1 "'; through June 30. A $350 membership fee covers the state's costs in administering the program (the fee is not prorated). Who is eligible to joint All governmental units are eligible for CPV membership. A "governmental unit" is defined by statute as any city, county, town, school district, political subdivision, or any agency of the State of Minnesota or United rStates government. (Minn. Stat. §471.59, 'subd.1) Easy access" to contracts' r t • Your membership also provides easy access to contract information through the Materials Man- ; ' agement Dvision's fax service or web site (from , which you may view and/or print). The division's web site address is: „ ' http://www.mmd.admin.state.mn.us 'r • ,, "tq,,, , tr tY` , , ';:'r:� J • t `Y �. , 3Save money and time • 1h „ • The Cooperative Purchasing Venture offers , an easy,way for governmental units to save , • money and time,, Members;save on a wide ' . ", variety of products by following a simple three -step process: ' 1- Look up the'commodity in the index. 2 - Retrieve `a copy of the contract release. - Place a direct order with the vendor. t • s Use your membership often •�•Ya•; ; ;.4 ”` "� 4.1. ''a'i'r {,•rY •s f Current members report that theyye , achieved significant savings through the CPV program: state contracts,prove most ' ,: %beneficial when purchasing standard com- ":;,,a;•'modities and,big ticket items. ,;5 " Zb apply,for membership, complete the ' t form' printed on the other side of this bra chure.` Questions? Call Sherry Brown at • 651.297.2683 (TTY 651.282,5799). • om* Waiver of Liability • Each party agrees that it is responsible for Its acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. In particular, the political subdivision is responsible foranypurchase order it issues. The political subdivision's liability is governed by Minn. Stat. §466 (Tort Liability, Political Sub- divisions); the state's liability is governed by Minn. Stat. §3.736 (TbrtClaims). Department of Administration Materials Management Division • i STANDARD OPERATING GUIDELINES ESTABLISHED AND APPROVED BY THE OFFICERS AND CITY COUNCIL DATE: 6/15/1999 ORIGINATOR: Bob Barthol/ Tim Bell SUBJECT: Training Requirements # 49 1. All personnel are required to attend two (2) out of the three (3) training drills each month. 2. All personnel are required to attend all mandatory training drills. All mandatory training drills will have a make -up date scheduled as per the training committee. All wry training drills will be posted thirty (30) days prior to the drill date. • 3. All are required to inform their officer when they are unable to attend a training personnel (Mandatory or monthly). Regular monthly training drills 1. If an employee misses their required training chills, they must report to their captain in writing the reasons for missing these training drills. If this is not complied with, the employee will receive a documented verbal reprimand from their captain, which will be placed in the personal file. 2. If the employee misses the required monthly drills a second month, within one years time, he/she will receive a written reprimand from their captain that will be placed in their personal file. 3. If the employee misses their required training drills a third month, within one years time, he/she will be required to appear before the Chief and officers, for possible recommendation of termination. Mandatory training drills • 1. If an employee misses a mandatory training drill, they must report to their captain in writing the reasons for missing this mandatory drill. The employee will have thirty Page 1 of 2 SOG #1 Training Requirements (30) days to make up the training. Make up dates and/or video recordings of the mandatory training will be scheduled or provided for employees needing them. 2. If the employee fails to make up a mandatory drill within thirty (30) days of the original drill, his/her bunker gear will be removed from their locker until that topic has been completed. The employee will receive a documented verbal reprimand from their captain, which will be placed in the personnel file. 3. If the employee fails to make up a mandatory drill within sixty (60) days of the original drill, the employee will be suspended for thirty (30) days. The employee will receive a written reprimand. 4. If the employee fails to make up a mandatory drill within ninety (90) days of the original drill, he/she will be required to appear before the Chief and officers, for possible recommendation of termination. STILLWATER FIRE DEPARTMENT KIM A. KALLESTAD, Chief Page 2 of 2 • • • • RESOLUTION NO. ADOPTING STANDARD OPERATING GUIDELINES FOR FIRE DEPARTMENT TRAINING REQUIREMENTS BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Standard Operating Guidelines related to training requirements for the Stillwater Fire Department, attached hereto as Exhibit A, are hereby approved. Adopted by Council this 15th day of June, 1999. ATTEST: • Morli Weldon, City Clerk • Jay Kimble, Mayor • MEMORANP Ulei To: Mayor and City Council from: Sue Fitzgerald, Planner Date: June 10, 1999 Subject: 1999 Certified Local Government Award Attached is the Certified Local Government (CLG) award letter from the Minnesota State Historic Preservation Office. • ll\NESOTA H1STORR:_\l. SOC I ET1 May 13, 1999 Mayor Jay Kimbel City of Stillwater 216 N. Fourth Street Stillwater, MN 55082 RE: F.Y. 1999 Certified Local Government Award Federal Grant Number: 27- 99- 14256.005 Dear Mayor Kimbel: I am pleased to inform you that on April 15, 1999, the Minnesota Historical Society's Grants Review Committee reviewed your Certified Local Government grant application. Their recommendation was to approve your request of $4,575 for a survey and evaluation of the Hersey Staples and Company District. The Grants Office is in the process of preparing the Certified Local Government Grant Agreement for your project. This will be forwarded to project director Sue Fitzgerald when completed. On behalf of the Society and the State Historic Preservation Office, I am pleased to be able to inform you of this award. Our office look forward to working with the City on this important project. Should you have any questions or concerns about the award or the agreement, please do not hesitate to call either Mandy Skypala (651) 296 -5478 or Mike Koop (651) 296 -5451. Thank you. Sincerely, Britta L. Bloomberg Deputy State Historic Preservation Officer cc: Ms. Sue Fitzgerald, Project Director Mr. Howard Liberman, HPC Chair ." 1 1. 1 1 1 c 1 1 1 Rill 1 1 \ \ l i l , \\ I Iii\ I 13%11 % I I \ \ I " 1 1 1 %; -In' 1 1 1 1 , „ It 1 1 1 lit) \I a : "r' 612 • • L • RESOLUTION NO. ACCEPTING CERTIFIED LOCAL GOVERNMENT GRANT AND APPROVING AGREEMENT WITH MINNESOTA HISTORICAL SOCIETY FEDERAL PROJECT NUMBER 27- 99- 14256.005 BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Certified Local Government Grant Agreement with the Minnesota Historical Society for preparation of the Hershey Staples Addition Architectural Survey is accepted, and the Mayor is authorized to sign said Agreement. Adopted by Council this 15th day of June, 1999. Jay Kimble, Mayor ATTEST: • Morli Weldon, City Clerk • 1 • Permit No illd.vva.: , ,...;=;;-k, THE BIRTHPLACE OF MINNESOTA APPLICATION FOR PERMIT TO SELL 99 -- 99 Location Lily Lake Park Organization Men's Tuesday Night D League Organization Type (Individual, For - Profit, or Non - Profit)Non Profit Organization First Name Ron Solberg/Jeannie Gramaglia Last Name Address 3750 VanDyke Street Date of Birth: City White Bear Lake State MN Zip 55110 Mailing Address (if different than above) Home Phone Work Phone 653 -5755 Event (softball game, wedding, etc. Softball Tournament Type of Activity (fund raiser, dancing, music etc.) Beginning Day: Saturday, July 10, 1999 Beginning Time 8.00 AM Ending Day Sunday, July 11, 1999 Ending Time 9.00 PM Selling of Beer 3 -2 Selling of Beer (over 3 -2)* ❑ Selling of Liquor* Selling of Wine* 0 0 *Requires a temporary license through MN Liquor Control Morli Weldon, City Clerk • OFFICE USE ONLY Permit to Sell Issued ❑ Approved by City Council on CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651- 430 -8800 • AMENDING RESOLUTION 99 -126 APPROVING PART -TIME SEASONAL EMPLOYMENT OF SEASONAL PUBLIC WORKS LABORERS WHEREAS, the wage for Jeffrey Dionisopoulos was incorrectly stated m Resolution 99- 126 as $9.00 per hour, and WHEREAS, the correct hourly wage should be $9.50. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Council approves the seasonal employment of Jeffrey Diomsopoulos at $9.50 per hour. Adopted by Council this 15th day of June, 1999. • Attest: Morh Weldon, City Clerk • Jay Kimble, Mayor APPROVING SALARY SCHEDULE FOR TEMPORARY PART -TIME LABOR/MAINTENANCE WORKERS AND LIFEGUARDS BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that effective January 1, 1999, the salary schedule for temporary part-time labor /maintenance workers and lifeguards be as follows: Maintenance Workers Entry Level $9.00/hour Second Year $9.25/hour Third Year $9.50/hour Fourth Year $9.75/hour Fifth Year (maximum rate) $10.00/hour Lifeguards Entry Level $8.00/hour with .25¢ per hour raise each consecutive year Head Lifeguard $9.00/hour with .25¢ per hour raise each consecutive year Adopted by Council this 15th day of June, 1999. Jay Kimble, Mayor ATTEST: Moth Weldon, City Clerk • • • • TO: Mayor and Council FR: City Coordinator RE: Promotion and layoff policy for Part-time Fire and Police employees DA: June 11, 1999 MEMORANDUM Discussion: Attached to this memo is a resolution establishing a policy for promotion and layoff of Part -time Fire and Police personnel. The policy basically provides that part-time Fire and Police personnel are subject to just cause and due process considerations that are not specifically provided for elsewhere. Recommendation: Council adopt policy for part-time Fire and Police personnel. • • fc-z-Le' RESOLUTION NO. ESTABLISHING A PROMOTION AND LAYOFF POLICY FOR PART -TIME FIRE AND POLICE DEPARTMENT EMPLOYEES BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following policies are hereby established for Part-time Fire and Police Department employees: 1. Part-time Fire and Police Department employees who continue to remain qualified for employment by the City, by maintaining the minimum requirements of their positions, will only be terminated for job relevant considerations or just cause pursuant to state and federal employment and labor laws. 2. In addition, seniority shall be the determining criterion for non - supervisory promotional opportunities and layoffs, provided that job relevant qualifications between employees are equal. Adopted by Council this day of 1999. Jay L. Kimble, Mayor ATTEST: Morli Weldon, City Clerk • • • • 1999 MEMORANDUM OF AGREEMENT FOR CURBSIDE RECYCLING GRANT DISTRIBUTION THIS AGREEMENT made and entered into by and between the County of Washington, hereinafter referred to as the "County ", and the City of Stillwater, hereinafter referred to as the "Grantee ". WHEREAS, the County desires to encourage and support residential recycling to reduce the County's reliance on solid waste disposal facilities, and WHEREAS, the Washington County Board of Commissioners has budgeted money for 1999 to be used to further develop recycling service in the County. NOW, THEREFORE, the parties hereto agree as follows: 1. Term: • The term of the Agreement shall be from the date this Agreement is approved by the County to December 31, 1999. • 2. The County's Obligations: a. The County will pay the Grantee the amount of $61,544.00 which is to be used for curbside recycling program expenses. b. - Indemnify and hold the Grantee harmless from any claims, suits, or damages arising out of any act or omission of the County, its officers, employees, or agents in the performance of the services provided for by this Agreement. 3. The Grantee's Obligations: cs1 a. The Grantee will sign a contract with a Recycling Contractor which specifies the responsibilities of each party and the rate ofpayment for curbside recycling services as provided by the Contractor. The Grantee agrees to follow their 1999 Curbside Recycling Grant Application. b. c. The Grantee will use all recycling grant money received in 1999 as a result of this Agreement, for recycling services and public education related to recycling. If all recycling funds are not used within the grant period, the Grantee must submit a plan to the County by December 15, 1999, which indicates how the funds will be used the following year. d. The Grantee shall sign and return this Agreement to the County by July 15, 1999. Failure to do so will result in loss of grant funds. e. The Grantee will prepare and submit semi - annual recycling reports to the County. The report covering the period from January 1 to June 30 shall be due by July 31, and the report covering the period from July 1 to December 31 shall be due by January 31 of the following year. The semi - annual reports will be made on a form provided by the County. f. The Grantee should organize a recycling committee which will assist in monitoring the curbside recycling program and provide direction on additional public education activities and other program needs. g- Pursuant to Minnesota Statutes 115A.46 and 115A.471, commencing on July 1,1999, all waste generated by city/township government activities (including city/town halls, public works buildings, parks etc.) Shall be delivered to the Ramsey/Washington County Resource Recovery Facility in Newport for disposal. Failure to comply with this provision shall constitute a breach ofthis Grant Agreement. 4. Indemnification and Insurance- a. The Grantee agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages and expenses which the County, its officers or employees may after sustain, incur, or be required to pay arising out of the Grantee's performance or failure to adequately perform its obligations pursuant to this Agreement. b. The Grantee will require in the contract with their Recycling Contractor that the Contractor will indemnify and hold the County and its officers, employees, and agents harmless from any claims, suits or damages arising out of any act or omission of the Contractor, its officers, agents or volunteer workers in the performance of the services provided for by this Agreement. -2- • • • o • • • c. The Grantee further agrees that in order to protect itself as well as the County under the indemnity provision set forth above, it will at all times during the term of this Agreement keep in force. 1. General liability insurance in the amounts of $300,000.00 for bodily injury or property damage to any one person and $750,000.00 for total injuries or damages arising from any one incident as required by the County. 2. Any policy obtained and maintained under this clause shall provide that it civil not be canceled, materially changed, or not renewed without thirty (30) days prior notice thereof to the County. A Certificate of Insurance evidencing this coverage must be provided to the County before this Agreement is effective. d. The Grantee agrees that in the contract with their Recycling Contractor, it will require the Contractor at all times during the course of the contract to have and keep in force a general liability policy insuring itself at a level not less than the liability limits set forth above and to provide Certificates of Insurance to the Grantee and County. 5. Data Practices: All data collected, created, received, maintained, or disseminated for any purposes by the activities of Grantee because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy. 6. Records Availability and Retention: Pursuant to Minnesota Statute 16B.06, Subd. 4, the Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement,. Grantee agrees to maintain these records for a period of three (3) years from the date of termination of this Agreement. 7. Independent Contractor: • Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights or benefits, including Worker's Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, shall accrue to the Grantee or employees of the Grantee performing services under this Agreement. 8. Nondiscrimination: During the performance of this Agreement, the Grantee agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin, be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State Laws against discrimination. 9. Noncompliance by Grantee: • If the County finds that there has been a failure to comply with the provisions of this Agreement, the County may terminate the Agreement at any time following seven (7) days written notice to the Grantee and upon failure of the Grantee to cure the default within the seven day period. The County will require the Grantee to repay the grant funds in full or in a portion determined by the County. Nothing herein shall be construed so as to limit the County's legal remedies to recover grant funds. 10. Termination: This Agreement may be canceled by either party upon thirty (30) days written notice. Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there is no Administrator. Notice to Townships shall be mailed to the Township Clerk. Notice shall be sent to the official business address of the City or Township. Notice to the County shall be mailed to: Department of Public Health and Environment, PO Box 3803, Stillwater, MN 55082 -3803. • -4- p 1 • • • 11. Merger and Modification: _a. It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers ofprovisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment and signed by the parties. -5- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates 0 indicated below. GRANTEE WASHINGTON COUNTY BY BY Chair, Washington County TITLE Board of Commissioners DATE DATE FEDERAL ID # BY James R. Schug County Administrator DATE Recommended for action: BY Mary McGlothlin, Director Department of Public Health and Environment DATE APPROVED AS TO FORM BY Ass't. Washington Co. Attorney DATE • • t • • • RESOLUTION NO. APPROVING 1999 MEMORANDUM OF AGREEMENT FOR CURBSIDE RECYCLING GRANT DISTRIBUTION NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Memorandum of Agreement for Curbside Recycling Grant Distribution between Washington County and the City of Stillwater is hereby approved. Adopted by Council this 15th day of June, 1999. Attest: Morli Weldon, City Clerk Jay Kimble, Mayor • • • MEMORANDUM TO Mayor and Council FR. City Coordinator RE: Larry Dauffenbach— permanent employment as Police Chief DA. June 14, 1999 Discussion: The consent agenda includes a resolution establishmg the permanent employment Larry Dauffenbach as Police Chief Chief Dauffenbach has been employed by the City of Stillwater since May 1, 1974 and was appointed Chief on July 1, 1998. Larry's employment as Chief is subject to a twelve (12) month probationary period. Larry and I met at the beginning of his employment as Police Chief to discuss his position and performance measurement standards. During the past eleven (11) months I have continually reviewed his performance and I would recommend that Larry be permanently employed as Police Chief. The Police Chief job description gives the following as examples of performance criteria (and also contains a list of "essential functions" which are also used to evaluate performance): 1. Establishes effective working relationships with others 2. Carries out assignments and duties under limited supervision. 3. Improves efficiencies of assigned duties 4. Handles difficult public contact situations in a professional manner. 5. Work product generally fee of errors and completed in a timely manner. My evaluation, which will be presented in more detail in a report that is placed in Mr Dauffenbach's personnel file, concludes that Mr. Dauffenbach has successfully completed his probationary period and is qualified to be permanently employed as Police Chief for the City of Stillwater. Recommendation: Council adopt resolution establishing permanent employment of Larry Dauffenbach as Police Chief for the City of Stillwater, effective July 1, 1999, subject to the conditions of employment specified in the agreement between the City of Stillwater and the Stillwater Public Managers Association and the policies and procedures of the City of Stillwater as adopted and/or as amended from time to time RESOLUTION NO. 99- APPROVING PERMANENT EMPLOYMENT OF LARRY DAUFFENBACH AS POLICE CHIEF BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the permanent full-time employment of Larry Dauffenbach as Police Chief, from and after July 1, 1999, having served a probationary penod of twelve months, is hereby approved. Adopted by Council this 15th day of June, 1999. Jay Kimble, Mayor ATTEST: Morli Weldon, City Clerk • • • e • Memo • o DATE: June 14, 1999 TO: Mayor and City Council //,,^^ 4.�/ , FROM: Chantell / Administrative Assistant/Personnel Coordinator RE: Southwest Cooperative Membership Renewal 1999 -2000 The City of Stillwater is a member of the Southwest Cooperative's Group Insurance Pools. As a member, we are required to sign a membership contract each year. The membership is $75 per City, plus $3 for each employee. The memberslup cap is $250 per year The City of Stillwater's membership fee is $250, effective July 1, 1999 — June 30, 2000. Recommendation Staff recommends the City Council approve the renewal contract with Southwest Cooperative. Southwest/West Central - Service Cooperatives ... Sew .c9. ae mes, eemarartdaries., decd select a9uvele4 1420 East College Drive Marshall, MN 56258 Phone. (507) 537 -6800 VPITY Fax- (507) 537 -7327 • • TO: Admimstrators of Governmental Units FROM: Annette �J`6 g nson, DATE: February 8, 1999 nager SUBJECT. 1999 -2000 Contracts for Membership and Services Enclosed is a 1999 -2000_Membership Contract with the Southwest and West Central Service Cooperatives: - Due to the fact that you are a member of one of the Service Cooperatives' Group Insurance Pools, you are required to sign a _ - - membership contract. Membership in the Service Cooperative is ,$75-per city, , county or governmental unit, plus $3 per employee, with the first six'months free upon initial enrollment. This membership is capped at a maximum of,$250 per year. When processing the membership contract for your unit,-please- nit, please fill in all blanks as - required, obtain the necessary signatures 6n all three copies, and return all three copies to the SW /WC SC, '1420 East College Drive, Marshall, MN 56258, prior to _ April 1, 1999. One copy of_the contract will be returned to you after the'SC Board of Directors has signed it. Please feel free to call my office at 507/537 -6549 with any questions you may have regarding the enclosed contract. Thank you for your interest in the programs and services offered by the Southwest/West Central Service Cooperatives. SOUTHWEST AND WEST CENTRAL SERVICE COOPERATIVES MINNESOTA CITIES, COUNTIES, AND OGA METRO SC DUES CONTRACT 1999 -2000 • THIS AGREEMENT, made and entered into this 15th day of February, 1999, by and between Southwest and West Central Service Cooperatives, hereinafter referred to as SC, and SC Member City of Stillwater, located at Stillwater, Minnesota, hereinafter referred to as Member, witnesseth: That for good and valuable consideration of the premises, mutual terms, covenants, provisions, and conditions hereinafter set forth, it is agreed by and between the parties as follows - WHEREAS, the SC was created by the legislature (M.S. 123.582) to perform planning on a regional basis and to assist m meetmg specific needs of clients m participating governmental units which could be better provided by a SC than by the members themselves. The SC shall provide those programs and services which are determined, pursuant to subdivision 7, to be priority needs of the particular region and shall assist m meetmg special needs which arise from fundamental contramts upon mdividual members; WHEREAS, Members participatmg m programs and services shall share m costs incurred for providing those programs and services, the SC Board of Directors shall determine the approximate cost of each program and service which remains after funds from other sources have been budgeted; and the SC Board of Directors shall assess each participating member a proportionate share of the remaining cost in the form of a service fee; and WHEREAS, the SC Board of Directors has established the service fee m the form of membership dues for Members who want to participate m SC programs for 1999 -2000, it is hereby stipulated and agreed that the Member desires to support the organizmg, establishing, financing, admnnstermg, and operating of the SC and to pay for such support and service in the amount of $75.00 per site $3.00 per employee TOTAL:* = $75.00 = $321.00 = $250 00 Maximum *NOTE. No Member shall pay more than $250 00 maximum. Upon initial membership, the first six months are free. Membership year runs from July 1, 1999 to June 30, 2000. All payments due SC by Member shall be paid upon receipt of invoice. IN WITNESS WHEREOF, Parties hereto have executed this agreement that day and year first above written. SC Member City of Stillwater Stillwater, Minnesota BY (Chairperson) (Clerk) (Date) Southwest and West Central Service Cooperatives BY: (Chairperson) (Clerk) (Date) • • s i • MEMO • • To: Mayor and City Council t/ From: Steve Russell, Community Development Director Subject: Public Heanng on Appeal of Planning Commission Denial of Special Use Permit for Remodelmg to Provide Separate Living Unit m Carriage House Date: June 11, 1999 This item was presented to the Planning Commission at their meeting of May 10, 1999. The request is to convert an existing kitchen/dimung area to a hying unit (kitchen, bathroom and bedroom) This is a change of use for the overall bed and breakfast allowmg two independent living units one m the Churchill residence and one m the Hamet Street carnage house There is currently only one mdependent living unit in the main residence The main residence in addition to the guest rooms and carnage house are on separate lots. The Commission denied the request for the conversion of space and change m use. They felt the existing bed and breakfast use with one mdependent living. Recommendation Decision on appeal of Planning Commission's denial. Attachments. Letter of appeal, minutes of Planning Commission of May 10, 1999 and staff report May 16, 1999 City Council City of Stillwater Re Appeal/Plannmg Commission Decision Date May 10, 1999 Appeal Applicants — Jill & Truett Lawson Mulvey Inn Bed & Breakfast 622 West Churchill Street Stillwater, MN 55082 Council, We would like to take our request for a buildmg permit, to you the council, so that we can better explain our position. We had applied with the city building inspection department for a permit to reconfigure some space in our B & B (Carnage House) to living quarters for our immediate family use only This space is not at this time, rental space. It is now space that is used by our family as leisure space, 1 e , family room & kitchen, but again is not rented out as B & B rooms Please see attached photos & diagram which will help you better understand what our intentions are We would like to add some walls to effect a bedroom and add a 34 bath along with the remainder of a kitchenette We have munediate sets of grandparents who reside in Cahforma, they are both in their 80's and 90's and are at an age where they would hke to be with us when they come for visits, holidays, etc In addition we have grandchildren who also, with their parents would want to stay with us when they visit Nothing would change regarding rental use of the B & B or its mtensity of use The space can now be used for the aforementioned immediate family use we would just like to reconfigure the open space for more pnvacy, again, by adding walls and a 34 bath Mr Lafayette represented our request to the City Planning Commission on May 10, 1999 We were unable to attend We were completing some mission work m the Ukraine and were not due back to our home, here in Stillwater, until May 19, 1999. It was our understanding that the Commission was very receptive to our request and thought it a reasonable one A few of the members though thought that such a use, while reasonable, could at a later date by new owners, be abused, possibly even rentmg out this space as an additional guest room' And for that reason only, refused the request. They were undecided though, apparently voting 3 to 4 times before agreemg that the permit be disallowed. We even agreed to sign a restrictive covenant drawn up by the city attorney that could be on file, designating this requested space be used oily by family members, and for their use only The commission appeared to fmd this reasonable, but again, felt that this space and its use could be abused How could the city audit such a use, was a question members asked. We are honorable people and would adhere strictly to use of this space by our family members only. • • May 16, 1999 Page Two It is not unusual for Bed & Breakfast Inns to have 8 or even 9 bedrooms, however, on an honor system they are expected to rent out no more than 5, as per B & 8 zoning We will be returnmg home May 19, 1999, and would hope to be placed on the City Council agenda so that we can make a personal appeal, and perhaps, to better explain our intentions For Truet & Jill Lawson, owners of the Mulvey Inn Bed & Breakfast • • ' I ' 4 1 ,`p'g i�'}{ I AV-7 1 11. I j I i‘ot_A_V_I____fi7.1.4•_, ' 9; 1 I ! I I ---- �-, --s--- --.� ---r -r 1 1 7 S I I i-1-1 -1 -I 1 ---- 1- +- --I- -4 _-Y -- i--- -, ----1 -1 I —7 ---y ---a • r --- -t 'II ; � I —t _Al 1 1 1 , 1 1 1 1 , _. I-c ----, _,_, _,_ l __._ 1 1 1 _�� I 1 1 1 I I i —` 1 1 r I 4 1 1 1 ' 1 1 I i 1, -I -4. --hi -- { -- -+-- -i --- 4-1 1 ' I- -f-- -I I — I I I I II ---, ? 4 --- -- --- r-4 --1 _...? I 1 1 ' ■ �1 I I 1 --i-hizetcw1-1 - -.... _._.:.. --. , - -. A ._.. .,..._I ...MO _.... i---■ *I - I 1 tl-t.1 -^t i � . — ' 1 0 r - Prm ' ^ it ) �t 1 t)Sr ' ■ | / l / �' / / / ^�=�m i ' ' : i | .1 --1 ` ' »-� '' -� i --- '' . . . . |" ` /K � / --- �--- � / 'L' '— � | i — —�^���' | __� / ) / . . .� . �-� - --__»_-- | rr1 ^ � '. �� � . . . / ^/ ' /' ' . ~ / ~ � / . ^ | - � _/ . - ' '�� ' . / . / ^. ' / / | 1 , �+� . . ^' ' I ! ^ --TTrH TrEI11tT / l---- -�----'- -y . | I I . . / / 4 ' _l � / . } | • '-� - . - - . ' ' 'l ' / | T _�__ ---_� '�_'- __. -- _. -_' -__ i ( . ' ' . / ' - . __�_�_--' _ -'--� . . � | . -. | , . L-- - | __'' - _� 1 i - '. /-- . '. | --< ' . . | / | / ' | . . . . . ' / | | | ' | / � / / ' �� _- _;_' -`-_ | . -_'' __ - ' / ' / [ I | / / | / i | | _./ � � ! | | ' | . | . . 1 -- � ' | / fr� j( ( ! / | '' - - -�--�- , ` __ i | . . . . . 1 - ' 1 1 ' / | s . / / • / 1 . | | i / ' � | / - i ' — � . ' } | ` / � / | | � / 11 - | / 1 I ' 1- -,'_I _ ' -I L / . 1 i � } ' 1 i ' . r~~~__ -�._---1- . ' - ' | . ~� 461 V • Case No: Date Filed: Fee Paid: Receipt No. : PLANNING ADMINISTRATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED: Certificate of Compliance Conditional or Special Use Permit Design Review Planned Unit Development* - Variance Comprehensive Plan Amendment* - • Zoning Amendment* - Subdivision* - Resubdivision Total Fee FEE 570 $550/200 500 $25 $500 570/20n 5300 5100 +550/1oi 5100 *An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of ail forms and supporting material submitted in connection with any application. All supporting material (i.e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater • PROPERTY IDENTIFICATION Address of Project $ 14- (Prrt Assessor's Parcel No. Zoning District Description of Project Q e w`� ckQ 0-- G 5-tit/Act eve -b- 1 -2�Y- hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, true and correct. 1 further certify 1 will comply with the permit if it is gjranted and used." � Property Owner 1 f^ -1,•/"4"' t1 LOkw S f L, •epresentative Mailing Address {.o Z 2 t� e % C(A.t,t hiaei' Address City - State - Zip j v W l-' State - Zip Telephone No 7 ( 3 0 J 45'3 "i ( ignature Telephone No. SITE AND PROJECT DESCRIPTION Lot Size (dimens;o s) I � x 200 id Area 2 C ..o �5 Wight of Buildings: Stones 2. Pnncipal Accessory Total buiidin flogqr,,,,AArea 2 3 50 sq. ft. Existing a O (I(e atit clog. ft. area f Feet 25' Proposed 0 sq. ft. Paved Impervious Area T) ft/ A- sq. ft. Number of off street parking spaces provided 4 • • • June 10, 1999 TO: FROM: SUBJECT: Memorandum Mayor and City Council Klayton H. Eckles City Engineer Discussion of Curve Crest Boulevard Extension and Storm Water Improvement Public Hearing DISCUSSION: This spring the City Council accepted a feasibility report on the Curve Crest Boulevard Extension - Street and Utility Improvements. Council also authonzed and approved the Market Place Surface Water Management Study. The findings of these two reports show that it is necessary to construct significant storm water improvements to manage storm water flows and improve water quality before these flows enter Long Lake. Some of these improvements need to be constructed as part of the Curve Crest Boulevard Extension. In order to finance the project it will be necessary to work out the contributions from Oak Park Heights, Washington County for County Road 5 and Mn/DOT for Highway 36 runoff Letters have been sent to these participants, but we have not received any responses at this time The most significant identified fundmg source for this project was proposed assessments for the Stillwater drainage area. The dramage area m question mcludes all of the Highlands, approximately 1/3 of Croixwood, the Cottages, Autumn Woods and approximately 2/3 of the Industrial Park There are approximately 600 residents in this area, and roughly 700 notices would be sent. In companson, the Lily Lake hearing that was just held resulted in over 400 notices bemg sent to residents The City currently has pressure to mstall the Curve Crest Extension, as this street extension is necessary to access the Nolde and Bradshaw development. It is also necessary to construct a potion of the Curve Crest Extension m order to complete the watermam loop around the south end of Long Lake to serve the Liberty and Legends developments. If Curve Crest Boulevard is extended it will be necessary to construct a minimum of $300,000 of the storm water improvements immediately and another $ 350,000 shortly thereafter. Therefore, it is necessary for the Council to make a determination whether or not to put the Nolde and Bradshaw developments on hold and to develop an alternative loop for the watermain. RECOMMENDATION: Staff recommends that Council set the required pubhc hearmg on the improvement of storm water facihties to protect Long Lake water quality. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adoptmg Resolution No 99- , CALLING HEARING ON IMPROVEMENT OF CURVE CREST BOULEVARD EXTENSION STREET AND UTILITY IMPROVEMENTS (PROJECT 9721) AND STILLWATER MARKET PLACE SURFACE WATER IMPROVEMENTS (PROJECT 9721A) • • RESOLUTION NO. 99- CALLING HEARING ON IMPROVEMENT OF CURVE CREST BOULEVARD EXTENSION STREET AND UTILITY IMPROVEMENTS (PROJECT 9721) AND STILLWATER MARKET PLACE SURFACE WATER IMPROVEMENTS (PROJECT 9721A) WHEREAS, pursuant to resolution of the Council adopted Resolution 99 -42, on February 2, 1999 and adopted Resolution 99 -96, on Apnl 6, 1999 a report has been prepared by Bonestroo, Anderhk and Associates with reference to the improvement of Curve Crest Boulevard Extension (No 62nd Street) Street and Utility Improvements (Project 9721) and Stillwater Market Place Surface Water Improvements respectively. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The Council will consider the above descnbed improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $300,000 • 2 A public hearing shall be held on such proposed improvement on the 20th day of July, 1999, in the council chambers of the city hall at 7:15 p m., or as soon as possible thereafter and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the Council this 151 day of June, 1999. Attest. Morh Weldon, City Clerk • Jay Kimble, Mayor • • • MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: St. Croix Boat and Packet Co.- Amended Dock Permit DA: June 11, 1999 Discussion: Mr. Richard Anderson will be submitting a request to the city to amend the dock permit that was issued to St. Croix Boat and Packet Co. earlier this year. Mr. Anderson has purchased a new vessel to replace a vessel that is currently permitted by the dock permit. The permit that the city has issued specifically states the name, type and size of the vessel. Therefore, an amendment is necessary to allow the change in boats. In regards to the request, the Planning Commission originally reviewed and made recommendation on the original dock permit. However, the "former" Port Authority Commission had been acting as the advisory body on matters such as these. I think it would be appropriate now to consider having the dock permits and renewals/amendments be handled by the Planning Commission because it really is a land use issue. Information regarding the name, type and size of the new vessel will be provided to the Council at the meeting. Recommendation: Council consider request to amend dock permit. 7. INSURANCE The Company shall provide the City with Certificate of ice evidencing One Million/Three Mllion General Liability Coverage of their operation, naming the City as an additional insured under the policies as their interest may appear. 8. PUMP OUT PRIVILEGES The Company shall provide pump -out privileges for marine heads for any boater requesting this privilege at the same rate and fee charged to boats that are moored at the dock for a fee. 9. INSPECTIONS The City reserves the right to request inspections of heads, electrical systems or other use conditions on or about the dock or any vessel moored thereto. 10. USAGE The usage of the dock facilities shall be limited to four (4) charter and/or excursion boats, one (1) floating ticket office vessel and a service boat not exceeding 26 feet in length. The Company must accommodate a reasonable number of public "walk on" passengers and Company mast also accommodate a reasonable number of transient boats. In no event shall the boats or vessels exceed the limitation specified in the permit issued by the U S Army Corps of Engineers and the Mmmesota Department of Natural Resources. 11. PERMIT FEE The annual permit fee shall be $1100 each for the Andiamo (a,115 passenger sidewheeler);kndiamo Showboat (a 150 passenger rear wheeler), Majestic Lady (a 150 passenger rear wheeler),trcaga 250 passenger rear wheeler), ang ticket office vessel and the transient boat docks for a total of $6600.00. The permit shall also allow a 26 foot service boat and a new dock to moor the Empress. 12. TRANSIENT BOATS Transient boats shall be defined as vessels that use the dock as a stop -over privilege on a trip that does not originate from the dock. Transient boats shall be allowed to dock up to 24 hours only per stay. "Bareboat" charter vessels shall be considered transient boats if the origination of the trip, including loading of passengers, takes place elsewhere. • • • • • 2 -04 -1995 5 29AM FROM ANDLAMO ENThRPRISES, LLC Stillwater City Council, Stillwater, MN 55082 Dear Council Members, We would like to request the Council to please readjust our Dockage Permit to read as follows: PO Box 406 • Stillwatt7 MN • 53082 Pax; (612) 430 -8013 • (612) 430 -1234 6/14/1999 Andiamo Showboat 150 V Empress Andiamo 150 (changed from 250) V Jubilee 125 Avalon 300 We have recently sold 2 boats this summer. The Schatzi 150 capa ty to the Steam Boat Inn, and the Majestic lady 150 capacity, now harboring at Sunnyside Marina, waiting to leave for the East coas in September. Our Parking requirements should not change. Thank you for your consideration in this matter. Sincerely, Richard J. Anderson President P. 2 • • • MEMORANDUM TO: Mayor and Council RE: City Coordinator RE: Human Rights Commission DA: June 11, 1999 Discussion: I have been in conversation with members of the Human Rights Commission regarding problems with membership and attendance. We presently have 5 members whose terms expire on 6/20/99. It is my understanding that most, if not all of the members, prefer to not be re- appointed. I have sent these members letters requesting that they continue their service on the Commission to January 1, 1999 or until a new member is appointed, whichever comes first. Therefore, new members appointed to fill the 5 vacancies will have 2 1/2 year terms expiring on 1/1/02. (note: the original term expiration date was June 20th of each year. However, the Council recently changed the term expiration date to January 1s`). I think the Council needs to consider the size of the Commission. The Commission presently consists of 11 members. We have repeatedly advertised for new members but have only received one application to date. It is sometimes difficult to get qualified citizens to apply for some of our commissions. It is obviously more difficult when you have an 1 lmember board and then have 5 members whose terms are expiring at the same time and need to be to replaced (as is the current situation with the Human Rights Commission). Further, I think having such a large membership creates some problems in conducting business because so many voices need or want to be heard. Therefore, I believe that the Council should consider reducing the size of the Commission to about 7 to 9 members. I want to point out that I believe that the Commission has worked very hard over the past 2 -3 years in carrying out their intended purpose and they should be commended for their fine work. In other words, I believe the problem relates to the size of the Commission and not the work that they have performed. Recommendation: Council consider reducing size of Human Rights Commission to 7 to 9 members (requires amending Chapter 25 of the City Code). Members Jane Anglin 319 W Maple Street Stillwater, MN 55082 Heidi Presslem 1017 S. 1st St. Stillwater, MN 55082 Annette Tryon 1585 Amundson Lane Stillwater, MN 55082 Peggy Perry 307 Edgewood Stillwater, MN 55082 Denise Carlson (Chairperson) 1101 Parkwood Lane Stillwater, MN 55082 Jake Anders (Student) 504 2" Street North Stillwater, MN 55082 Susan Dixon 314 Stillwater Ave. W. Stillwater, MN 55082 Louise Watson 927 Northland Avenue Stillwater, MN 55082 Mary Peroceschi 809 6th Ave. So. Stillwater, MN 55082 Michael Caoette 1013 1" St So. Stillwater, MN 55082 THE BIRTHPLACE OF MINNESOTA HUMAN RIGHTS COMVIISSION Date Appointed 8/18/98 (Partial term) (Unexpired term of Kimker) Ward W2 6/20/97 W1 6/20/97 W3 6/20/97 W4 6/20/97 W4 1/5/99 W2 8/18/98 W2 Term Expires 6/20/99 6/20/99 6/20/99 6/20/99 6/20/99 1/01/00 1/01/01 8 -20-96 W4 1/01/01 Second Tenn reapp't 8/18/98 6/20/97 WI 1 /01/01 (Unexpired term of Bloom) Partial Tenn and First Full Term) reapp't 8/18/98 8/18/98 WI 1/01/01 • • (One student position vacancy) Established by Ordinance 807 and organized per City Code Chapter 25. The purpose of the Human Rights Commission is to aid and advise the City Council in ensurmg for all citizens of the City equal opportunity in those areas protected by law and in other related concerns Each youth member will be appomted for a one -year term. Except for the first terms, all other members will be appointed for two -year terms that are staggered in order to provide continuity of policy and program. In any one year no more than one -half of• the terms may expire. No member may serve more than six years, not including the tune served fillmg the unexpired term of another. The Human Rights Commission meets the last Wednesday of the month. Rev. 3/99 CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651 - 430 -8800 • • • 406/10/99 16:15 FAX 651 297 7436 LIBRARY [002 June 10,1999 Dear Mayor Kimble and Stillwater City Council Members, I have been associated with the Stillwater Human Rights Commission for the past three years. For one year I volunteered for a couple of committees and attended Commission meetings as an observer. For the past two years I have been an appointed member, serving as Chair of the Commission for the last 12 months. My term expires on June 20, along with those of four other Commission members. The two student positions currently called for in the bylaws are essentially vacant as well, since one student has not come to a meeting for five months, and we were never able to find a second student to fill the other one. That leaves the Council with only four active members, not enough to even field a quorum for a meeting: Obviously, this is a serious problem. The very life of the Stillwater Human Rights Commission hangs in the balance. In its four years of existence, the Stillwater Human Rights Commission has accomplished a great deal. A number of its activities have focused on raising the awareness of Stillwater citizens about both the existence ofthe Commission and the importance of protecting the rights of all members of this wonderful community. The Commission has: • Sponsored Martin Luther King Day observances at the St. Croix Valley Mall in 1997 and 1998. • Developed a Hate Crimes Response Network, which brings together city and county law enforcement officials, school district personnel and representatives of relevant social service agencies from throughout the Valley. The Stillwater network has become a model which other Minnesota human rights commissions and other organizations such as the United Way have been studying and emulating. • Collaborated with other human rights commissions in and around Washington County on an educational forum discussing ways in which to eliminate offensive behaviors and build a healthier, happier climate in our schools. In the wake of recent incidents of school violence around the United States, such educational efforts are becoming increasingly necessary. • Built good working relationships with school district personnel and members of STAND, the high school's diversity committee. • Sponsored an annual human rights award, honoring Stillwater residents who have contributed to improving the climate of acceptance and appreciation of diversity within our town. • Sponsored a logo contest and a float in the 1997 Lumberjack Days parade, involving all ages in celebrating the quality of life in our city. It would be a serious loss if the Human Rights Commission were not able to continue because of a lack of members. Since its inception, the dedicated Commission members have essentially done all of the recruiting whenever vacancies occurred. The only city administration involvement has been to place notices in the local papers. Response to the 06/10/99 16.16 FAX 651 297 7438 LIBxuu. requests for application has been minimal, only one or two per year, although the number of vacancies i4 always four or five. The Council's only involvement has been to "rubber stamp" the people recommended by the Commission. On behalf of the entire Human Rights Commission, I respectfully request that the honorable Mayor and City Council members assume a more active role in appointing members to the Human Rights Commission. I understand that it is the practice for Council members to directly appoint constituents from their respective wards to the other commissions in Stillwater. While the work of the Human Rights Commission may not be as high profile as the Planning and Zoning Commission, for instance, its mission is equally important to sustaining and improving the good quality of life we all enjoy in this community. In addition, I would lilfe to suggest that the Cowell take a look at the bylaws of the Commission, with an eye to decreasing the required number of members. Currently, the Human Rights Commission is made up of 11 members. This is larger than the other commissions in the city. It is not only difficult to maintain that level of membership, but at times it is somewhat unwieldy for planning and decision - making. Five to seven members have been recommended as the ideal size. The Commission can then call on interested citizens to help to carry out some of the plans and activities it develops The Hate Crimes Response Network is a good example of an initiative that was designed by the Commission but is being carried out with broad involvement from the community. One last suggestion would be for the Council to do away with the requirement that two members of the Ciission must be students from Stillwater Area High School. We have had trouble every year in finding students willing to make the commitment of time due to their heavy academic and extra - curricular schedules. We think that the ongoing relationship we have established with STAND enables us to make sure that student voices are heard and student iieeds met. As the Council deliberates on future appointments to the Conunission, it is felt that choosing a teacher from SANS or some other school district staff member Would be a better use of one of the Commission positions. I know that the Cannel's June 15th meeting has to be a short one. However, the problem of the continuation of the Human Rights Commission is pressing As I mentioned above, five temps expire on June 20. Please consider the above requests and take appropriate action immediately to preserve the future of this wonderful public service organization which you so wisely cued four years ago. Thank you for your time and efforts cerely, E. e0AAAPNI Denise Carlson Outgoing Human Rights Commission Chair • • MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Civil Engmeer S DATE: June 10, 1999 RE: Feasibility Study 62nd Street Water Mam Project Project No. 9912 DISCUSSION: As part of the plan to bring utilities to the Southwest Annexation Area, the 62nd Street Water Main Project is the final link that would loop the water main in the Annexation Area with the existmg water main m the Market Place Area The project consists of mstallmg approximately 3800 feet of 16" water mam beginning at the west end of Curve Crest Boulevard on County Road 5 and ending at the southeast comer of the Legends Development. The first one -third of the project, from Curve Crest Boulevard to 400 feet west of County Road 5 on 62nd Street, would be constructed m conjunction with the Curve Crest Boulevard Utility and Street Improvement Project. The remaimng two - thirds of the project would be constructed as a separate project and mcludes water mam construction, water service mstallation to mne property owners, and restoration of 62nd Street. Restoration of 62nd street mcludes a new street section and the construction of a cul -de -sac at the west end of 62nd Street. Total cost for the project is estimated at $499,304 04, which mcludes engmeering, admuustration, and contmgencies PROJECT FINANCING: The major source of revenue that would finance this project would come from an area rate charge on present and future development in the annexation area of Stillwater. For this particular project there are 396 54 acres that would be charged, which amounts to a rate of $1199 88 per acre. Another source would be the amount charged to the property owners who would connect to the water main for their own water service. According to the Orderly Annexation Agreement, any property that hooks -up to City municipal water, owners shall pay a hook -up charge not to exceed $2500.00 (This amount would be adjusted according to any change m the Consumer Pnce Index for Urban Consumers since January 1, 1997) There are nine property owners on 62nd Street that could hook -up to City water for a total of $23,504.04. The Stillwater Water Board would pay for any remaimng any shortfalls m revenue to fund the project The table below shows the affected areas and their associated costs for the water main • project. • • • OWNER GROSS ACREAGE NET ACREAGE AMOUNT CHARGED CPDC 171.70 144.99 $173,970 44 ISD 834 16.11 15.40 $18,478.14 Pemtom 74 11 70 72 $84,855 44 Gadient 32 58 31.56 $37,868 18 Bergman 101.4 97 09 $116,496.25 Anderson 25 87 15 65 $18,778 11 White 7.2 3.6 $4,319.56 Bradshaw 29 17.53 $21,033 88 Residential Water Services 9 $2611.56 per lot $23,504 04 TOTAL NEIGHBORHOOD MEETING $499,304.04 If Council should chose to proceed with the project, the City would then set up a neighborhood meeting in the next few weeks with the property owners along 62nd Street to discuss the project Items that would be discussed at this meeting would include road and water main construction, location of the cul -de -sac at the west end of 62nd Street, cost of water service installation, and the possibility of extending the sanitary sewer down 62nd Street. Since 62nd Street would be tom up due to water main construction, it would ideal to install a sanitary sewer at this time. We would like to get the residents input on this possibility and determine if a sanitary main is necessary at all, assuming everyone has a adequate septic system m place The sanitary main extension could be a expensive project and not feasible or cost effective for the City to fund since the residents would only be responsible for a hook -up charge, that would not exceed $2,611.56 per property owner At this time there is no estimate for the extension of the sanitary sewer down 62nd Street, if the residents favor this additional work, the Staff will prepare a cost estimate and funding options. RECOMMENDATION In order to initiate the project, and to proceed through the public hearing process, staff recommends that Council first must pass a resolution authorizing staff to prepare a Feasibility Study. Smce the project is feasible from an engineering standpoint and the project is cost effective, staff recommends that Council accepts the feasibility study for the 62nd Street Water Main Project and set the public hearing for July 20, 1999. • • • ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No 99-_ RESOLUTION ORDERING PREPARATION OF REPORT ON 62 "d STREET WATER MAIN IMPROVEMENTS (PROJECT NO. 9912) and Resolution No. 99 , RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT OF WATERMAIN IMPROVEMENTS FOR 62n STREET (PROJECT 9912). • • L Ti —4 • ti 3 7 7 Cr 3 D C D 1 M / CL M w 1- / Air 200 0 200 400 1 CORPORATE LIMITS PROPOSED 16' W.M. T. H. 3E NM DT DATE 0 • 1 hereby certify that We plan .am prepared by ms under my dFaat agavlmn ad that 1 am a Ady Reablred rrehadand Enema- mndr the lea d state of IYsmaata Rio ap lad. 3033 1110 1116 1124 a! a > W -J M 1111 1117 1125 Park 6490 1776 12610 BEGIN CITY WATERMAIN P 12680 12730 12601 12677 12727 12811 f 1970 1990 2000 2020 2030 2050 2060 2070 2080 STILL WATER MINNESOTA 62ND STREET WATER MAIN PROJECT • � MEMO To: Mayor and City Council From: Downtown Parking Commission I� Subject: South Main Street Parkmg Lot Rates Date: June 10, 1999 The parking rates for the South Main Lot have been $3 /day for the past two years. The South Main Lot is the most used lot Downtown. With the construction of the UBC and Water Street Lots, parking costs have mcreased this year. To help pay for those mcreased costs, the Commission recommends increasing the South Main Parking Lot rate to $5 /day. It was felt by the Commission members and parkmg staff this would not effect the use of the lot and help compensate for the loss of the nver lots for City events. Recommendation. Increase rate for South Main Street Lot from $3 /day to $5 /day. • • • • Memorandum June 10, 1999 TO: Mayor and City Council FROM: Klayton H Eckles City Engineer r--6 SUBJECT: Proposed Cooperative Street Reconstruction Project With Oak Park Heights DISCUSSION: Attached is a letter from the engineer for Oak Park Heights that provides information on a large $2 6 million street reconstruction project that is to be completed m the year 2000 As part of this project, a number of streets that border Stillwater are proposed for reconstruction These streets mclude Panama Avenue, Osmond Avenue, Oasark Avenue, Oxboro Avenue, Paris Avenue, 65th Street, 64th Street, an alleyway and 62nd Street Oak Park Heights is mterested in finding out if the City of Stillwater desires to participate m this project If Stillwater does not participate m this project, Oak Park Heights may just reconstruct half of each of the streets that border Oak Park Heights There are obvious advantages to reconstructing the street all at once mcludmg quality of work, cost implications, and aesthetics If the City of Stillwater participates in the cost of the project, BRA has estimated that the portion of the project attributable to Stillwater frontage is $230,000 To participate m the project it would be necessary to hold public hearings yet this year that would allow Oak Park Heights to prepare plans and specifications and have the bid letting this wmter. The proposal as it stands would have Oak Park Heights actmg as the primary project facilitator, the City of Stillwater would be required to participate financially and hold the public hearing to move the project forward. If Council elects to proceed with this option, City Council will need to determine if it would be appropnate to reduce the size of our normal street rehabilitation project next year or simply mcrease the total level of street improvements for the year 2000. For comparison, we have averaged approximately $800,000 per year. Although m 1999, our total will be less than $650,000. RECOMMENDATION: Staff recommends that Council review the attached information concerning the joint street • reconstruction project with Oak Park Heights and determine if the City wishes to participate. ACTION REOUIRED: • If Council determines they wish to proceed with this jomt street reconstruction project, they should direct staff to discuss this issue further with Oak Park Heights and pass a motion adopting Resolution No 99- , RESOLUTION ORDERING PREPARATION OF REPORT ON THE STILLWATER/OAK PARK HEIGHTS BORDER STREET RECONSTRUCTION PROJECT (PROJECT NO 9913) • • • RESOLUTION NO. 99- RESOLUTION ORDERING PREPARATION OF REPORT ON THE STILLWATER/OAK PARK HEIGHTS BORDER STREET RECONSTRUCTION PROJECT (PROJECT NO 9913) WHEREAS, it is proposed to improve Panama Avenue, Osmond Avenue, Oasark Avenue, Oxboro Avenue, Pans Avenue, 651 Street, 64th Street, an alley way and 62nd Street as part of ajomt street reconstruction project with the City of Oak Park Heights, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engmeer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended III Adopted by the Council this 15th day of June, 1999. ATTEST: • Morh Weldon, City Clerk Jay Kimble, Mayor Bonestroo Rosene Anderlik & Associates Engineers & Architects June 7, 1999 Klayton Eckles, City Engmeer City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Bonestroo Rosene Anderhk and Associates Inc is an Affirmative Action/Equal Opportunity Employer Pnncipals Otto G Bonestroo PE • Joseph C Anderhk PE • Marvin L Sorvala PE • Glenn R Cook PE • Robert G Schunicht PE • Jerry A Bourdon PE • Robert W Rosene PE Richard E Turner PE and Susan M Eberlm C PA Senior Consultants Associate Principals Howard A Sanford PE • Keith A Gordon PE • Robert R Pfefferle PE • Richard W Foster PE • David 0 Loskota PE • Robert C Russek A I A • Mark A Hanson PE • Michael T Rautmann PE • Ted K Field PE • Kenneth P Anderson PE • Mark R Rolfs PE • Sidney P Williamson PE L S • Robert F Kotsmith • Agnes M Ring • Allan Rick Schmidt PE Offices St Paul Rochester Willmar and St Cloud MN • Milwaukee WI Website www bonestroo tom Re City of Oak Park Heights 1999 Street Reconstruction Project Our File No. 55 -99 -100 Dear Klayton Thank you for takmg the time to meet with us to discuss the City of Oak Park Heights' 1999 Street Reconstruction Project that includes several streets shared with the City of Stillwater As indicated m the report previously transmitted to you, the City of Oak Park Heights plans on constructmg this project during the summer of 2000 As part of the City of Oak Park Heights' Comprehensive Street Plan and pavement management process, streets in the report were ranked according to a pavement condition mdex (PCI) The results indicate that by the year 2000, these streets will require reconstruction. The typical street improvement being proposed mcludes the following: • Reclaim (grand up) the existmg bituminous surfacing to be recycled as aggregate base. • Mix the reclaimed bituminous with the sandy clay subgrade to create an average 8" aggregate base (including subgrade correction where necessary) • Install storm sewer improvements to elimmate drainage problems (none proposed on streets shared with Stillwater) • Install concrete curb and gutter and driveway aprons where none exist • Pave a new 3" bituminous mixture surface • Saw and seal the new bituminous wear course. For those streets shared by the two Cities, a preliminary estimate for Stillwater's share is $230,000 relative to the scope of work outlined above. Copies of pertinent pages of the report showing the total project cost, potential revenue sources, existing and proposed street widths, and a map of the area with shared streets are enclosed for your reference 2335 West Highway 36 • St. Paul, MN 55113 • 651-636 -4600 • Fax: 651-636 -1311 • Klayton Eckles, City Engineer City of Stillwater Page 2 We are interested in knowing if the City of Stillwater would like to participate m the improvements of those streets bordered by both Cities. If so, we will be scheduling neighborhood informational meetings m the near future which can very well accommodate residents from both communities at the same meeting Following that, a Public Hearing will need to be scheduled, which we envision being held separately by the two Cities As discussed, we can attend the City of Stillwater's public hearing for technical support if you wish. • • It was a pleasure meeting with you, and we look forward to hearing from you regarding this worthwhile project. If you have any questions relative to the project or report, please call me at (651) 604 -4815. Very truly yours, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 114lAa: ffe6 Dennis M Postler, P.E Enclosures cc Tom Melena, City Administrator Jay Johnson, Public Works Director Joe Anderlik, Karen Shunon - BRAA 55- 99- 100StillwaterMemo2 Oak Park Heights 1999 Street Reconstruction Project 2 I 1 1 Summary of Total Cost N ote The : total cost of the project does not include the cost for televising the sanitary sewer or testing the water main for leaks. These tests are necessary to determine if any major repairs are needed Summary of Financing Implications (Assessments and City Costs) The following summarizes the financing implications that will result from implementing these projects. Revenue Total Project Cost Construction Cost Total Total Cost Street Reconstruction - Areas of Proposed Concrete Curb and Gutter $1,737,600.00 $2,172,100.00 Street Reconstruction - Areas of Existing Concrete Curb and Gutter $137,400 00 $171,800 00 Storm Sewer $223,100 00 $278,900.00 Total $2,098,100.00 $2,622,800.00 N ote The : total cost of the project does not include the cost for televising the sanitary sewer or testing the water main for leaks. These tests are necessary to determine if any major repairs are needed Summary of Financing Implications (Assessments and City Costs) The following summarizes the financing implications that will result from implementing these projects. Revenue Total Project Cost $2,622,800 Residential Assessment Revenue (261 units) Proposed Concrete Curb and Gutter $1,030,950 Residential Assessment Revenue (60 units) Existing Concrete Curb and Gutter $85,800 OPH Commercial Assessment Revenue $108,680 Stillwater Revenue $230,230 County Turnback Reimbursement General Fund $1,167,140 The following streets within Area D are bordered by properties within the Stillwater city limits - Panama Avenue - Osman Avenue - Ozark Avenue North - Part of Oxboro Avenue - Paris Avenue south of Beach Road. - 65th Street North - 64th Street North - Alley (Oxboro to Panama) —1114 e� gel S%eet h Oak Park Heights 1999 Street Reconstruction Project 5 • • • • is proposed The majority of Area B has existing concrete curb and gutter (Figure 3) and therefore, it is recommended that the curb in this area be removed and replace only where necessary. • • The streets included in this project are listed below along with the length and recommended width of each street: Area D Street Name Length (Feet) Existing Street Width (Feet) Proposed Street Width (Feet) Upper 61st Street North 1010 24 28 62nd Street North 1360 24 28 63rd Street North 1260 24 28 Upper 63rd Street North 1260 24 28 64th Street North 1260 24 28 Peacan Avenue North 700 24 24 Peabody Avenue North 400 24 24 Paris Avenue North / Beach Road 2200 24 32 Paul Avenue North 750 24 28 Panama Avenue North 1770 24 28 Paris Avenue (residential area) 975 24 28 Osman Avenue North 600 24 28 65`h Street North (Beach to Peacan) 700 24 28 64th Street North (Oxboro to Ozark) 350 24 28 Ozark Avenue North (64t to 65`h) 320 24 28 Oxboro Ave. North (62nd to Hwy 36) 1150 24 28 Alley (Oxboro to Panama) 670 24 28 Total 16,735 (3.2 miles) The italicized street names are those that are bordered by properties in the city of Stillwater. These streets would only be reconstructed if an agreement can be reached with Stillwater to pay for the cost of half of the roadway Oak Park Heights 1999 Street Reconstruction Project 9 1 1 1 1 Assessments / Revenue The assessment policy as established by the city council for the 1995 Reconstruction Project was based on the following • Each residential property will be assessed the same amount • This amount is based on the amount to be paid by the average size lot on this project • Commercial properties will be assessed on a front footage basis A new policy that is presented in this report is that the city of Stillwater should pay for half of the cost of the streets that abut properties that lie within Stillwater city limits. The assessment amounts are as follows: Residential Property in Oak Park Heights Proposed Concrete Curb and Gutter $3,950 / each Residential Property in Oak Park Heights Existing Concrete Curb and Gutter $1,430 /each Commercial Property in Oak Park Heights $56.00/ front foot Stillwater Properties $51.50/ front foot The figures above were calculated using the following rate schedule, wluch was established in the 1993 Comprehensive Street Plan. Assessments Rate Classifications Residential Curb (75% of total Curb Cost) Commencal/Industnal Curb (75% of total Curb Cost) Residential Street (50% of total Street Costs) Commercial/Industrial Street (50% of total Street Costs) Oak Park Heights 1999 Street Reconstruction Project 15 • • • • • The total assessments for the project are as follows: Oak Park Heights Commercial Property Assessments Property Assessable Footage Assessment St Croix Villas Condos 1087 $60,800 ($2,029 per unit) Church 330 $18,480 Orchard Park Condos 165 $9,240 Oak Park Heights Garden 360 $20,160 Total 135 $108,680 City of Stillwater Revenue Property Assessable Footage Amount 2 houses on 64th Street 298 $15,340 HSI Washington County 330 $16,990 School 630 $32,440 House — 6282 Panama _ 165 $8,500 Church 135 $6,950 School 330 $16,990 Washington County Correctional Facility 555 $28,580 Washington County Building 1500 $77,250 4 houses on 65t Street 528 $27,190 TOTAL $230,230 Oak Park Heights 1999 Street Reconstruction Project 16 • 1 1 1 1 1 1 M 1 1 1 1 1 1 t 1� • 0 1 (1 O O O 300 Scale in feet 1_J EAST STS N E. 64 th E. U P. 6 3rd E. E r d mili { I , al 1 r r rnr- 1 11, 1 • III pv l III 11 1 t1 ` r! I i i 1 !/ 1 1 111�i t 1 11 1 , 1, 1� 1 t it p� V 1 1 iI 1 , it it �''� 1 i 1 I \ 1 I 1 }{ rr I`ii� P" 11 1 l 11 1 \__ i/ 1 1 1I 1 I� 1 T I /1 .. 1 1 i r/!/ 1, 11 1 I1 1 yr r 1 1 I { (\ 1 I 1 11 I,► 1 11 11► 1 L 1 _ r PROPOSED STREET IMPROVEMENT — AREA D ...1... ■ ■■■I■ II /I // // // /1 II 1 /( 1 r1 Il Il /l /1 I1 / I 1 `\ I 1 I \ \ 4 I 1 \ 1 r • ,♦ I ! , — \K\C - 1! 1, ♦ \ I ! I I ♦ MINIM Irk l?‘ ‘c:PP 1„.4 .JO sf, \\ \ \ • 1 ` \ // , sa �� •\ 1st 6 th r ST. ST. N. r OAK PARK HEIGHTS, MINNESOTA 1999 STREET PROGRAM K: \55 \55134 \55134F01 FEB 1999 COMM 55134 GREEN — STREETS FROM 1993 REPORT — STREETS ADDED TO 1998 REPORT — STREETS THAT BORDER STILLWATER (ADDED TO 1998 PROJECT) NOTE: 1998 PROJECT INCLUDES ALL THESE STREETS FIGURE 2 ■ Bonestroo Rosene Anderlik & Associates 0 4, • • • Memorandum June 10, 1999 TO: Mayor and City Council FROM: Klayton H. Eckles City Engineer SUBJECT: Vegetation Survey of Lily Lake 4c- Project 9613 DISCUSSION: Attached is a letter from Rich Brasch, BRA, suggesting that it would be timely to complete the vegetation survey for Lily Lake m June and August of this year As you will recall, as part of the Lily Lake Comprehensive Water Quality Plan a vegetation survey as well as a plant management strategy was mcluded Since this information may be required before makmg a decision on future phases, staff recommends that the City gather the vegetation at this time. RECOMMENDATION: Staff recommends that Council authonze BRA to complete a vegetation survey of Lily Lake at a cost not to exceed $17,000' 7 0 0 t ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adoptmg Resolution No. 99- , ACCEPTING PROPOSAL FROM BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES TO COMPLETE A VEGETATION SURVEY OF LILY LAKE (PROJECT 9613). Fromrr� � 3 o , 6 !', r e ms+,e r! "+'rex""° , a . . : Br�rasch, Richard Gt[rbrasch@bonestroo com]� Sent: Tuesday, June 08, 1999 12 04 PM To: 'keckles ©ci stiliwater mn us' Cc. Buss, Sherri A Subject: Lily Lake Hi, Klayton Needed to run a couple of things by you regarding Lily Lake First, I FAXed to you a copy of a letter I received from Bill Fierke as well as a letter I'd like to send to him about our disagreements regarding the management strategy for Lily Lake Please see if you're comfortable with me sending it out I'll hold off until I hear from you but would like to send it out this week, if possible Second, it might be a good idea to go ahead with the vegetation survey for the lake this year, but we'd need to start within the next 10 days or e field work should be done in mid -June and August of the same year and would cost a out 700 -Even if we want to hold off on compiling an official plant management strategy (another 500), at least the field work would be done and we wouldn't lose a full year Given the escalating requests for City cost -share of the chemical plant control program now being followed for Lily Lake; it might be timely to start laying the groundwork to re- direct things a little Finally, I'm wondering if you've given any thought to conduct' a straight- forward literature drop - at least in the direct drainage of Lily Lake- to call attention to th fertilizer ordinance and to get people thinking about their contribution to Lily Lake degradation and how they can help Again, it might be timely to show progress We could adapt some existin education pieces for Lily Lake and perhaps enlist the services of Bill Fierke's group to distribute a information Let me know what you think Thanks Rich Brasch 1 � Con- suN u'L r • • • RESOLUTION NO. 99- ACCEPTING PROPOSAL FROM BONESTROO, ROSENE, ANDERLIK AND • ASSOCIATES TO COMPLETE A VEGETATION SURVEY OF LILY LAKE (PROJECT 9613) BE IT RESOLVED by the City Council of Stillwater, Mmnesota, that hey hereby accept the proposal from Bonestroo, Rosene, Anderhk and Associates for a vegetation survey of Lily Lake at a cost not to exceed $ J QOB' j i 700. Adopted by Council this 15th day of June, 1999. ATTEST: Morh Weldon, City Clerk • • Jay Kimble, Mayor MEMORANDUM • TO: CITY COUNCIL FROM: MORLI WELDON, CITY CLERK SUBJECT: RESIGNATION OF FRANK LANGER FROM HPC DATE: JUNE 11, 1999 Attached is a letter from Frank Langer requesting Council accept his resignation from the Heritage Preservation Commission. As required by the City Code, the vacancy will be advertised in the Stillwater Gazette at least 30 days before the new appointment is made. A new appointment could be made at the August 3, 1999, Council meeting. Action requested: Acceptance of resignation of Frank Langer. • • MAY 24,1999 Ms. Sue Fitzgerald Stillwater Planning Department Stillwater, Minnesota 55082 t ECEIVE® JUN 0 4 1999 Dear Ms. Fitzgerald, Please accept my resignation from the Stillwater Heritage Preservation Commission. I can not devote the necessary time to the important issues that come before the Commission. My last meeting will be June 7th. Please copy the City Council and members of the Commission. Thank you Sincerely, F nger 1 • • • • • 111111111111111111MMUMMAL UMW June 1, 1999 Mr. Tim Thompson 216 North 4th Street Stillwater, MN 55082 Dear Mr. Thompson, We spoke briefly over the phone the other day about planning a sidewalk astronomy event in Lowell Park on Saturday, August 21d, 1999. The Minnesota Astronomical Society sponsors sidewalk astronomy events to entertain the public and to help raise awareness of astronomy in the community. No fees are charged to the public or to the park boards where we hold the events. In addition, we do not solicit memberships nor do we sell or advertise any products or services at these events. The events involve two to four members of the society bringing telescopes out to a public area (in this case Lowell Park), and letting the public see whatever objects are easily visible that night. For example, the night of August 21d the Moon will be easily visible. The Minnesota Astronomical Society carries liability insurance for these events, although, thankfully, we have not had a reason to make a claim against our policy yet. Please send me any required forms to hold a sidewalk event on the date requested. We generally set up around 8:00 PM, and leave around 11:00 PM Of course, we will respect any time constraints laid out by the city. The Minnesota Astronomical Society has four observing areas, two permanent observatories, and more than 250 members. For more information about the MAS, please visit our World Wide Web site at www.mnastro.org. I look forward to hearing from you Sincerely, C i>,, Doug Brown 582 97th Lane N E 0 Blaine, MN 55434 612 -417 -1129 Email at dbrown@visi.com 7J-erwt- 1999 LAW CHANGES IMPACTING LOCAL UNITS OF GOVERNMENT: Levy Limits: Levy limits were extended for one more year (taxes payable in 2000). Levy limits are applicable to cities and counties with a population greater than 2,000. The levy limit for taxes payable in 2000 will begin with the levy limitation for taxes payable in 1999, not the actual property tax levy. Consequently, if a city or county did not levy to the maximum in 1999, the city or county will have this unused levy authonty available to them even before the levy adjustments are made for 2000. The 1999 levy limit base is adjusted for inflation and for the local growth in households and new commercial/industrial property. In light of these adjustments it is doubtful that this one year extension of levy limits will have any discernable impact on local governments. Resolution Required for Tax Rate Increases: Home rule and statutory cities and counties will now be required to pass a resolution indicating if a property tax levy for the subsequent year will result in a tax rate increase. The new provision is modeled after a Missouri law and was a response to concerns that cities and counties were claiming that they were freezing the tax rate even though the net property tax levy was increasing due to growth in tax base. Pursuant to this new law, the county auditor is required to provide information to cities and the county board that will allow the local government to calculate what its tax rate would be in the upcoming year if the levy was held constant. The city or county must hold a public hearing and adopt a resolution in order to impose a tax rate that would be higher than the calculated late. If a city or county neglects to file a resolution they will be prohibited from spreading a levy that ` would result in a higher tax rate unless the rate increase is due to either a change in the general obligation debt levy or a reduction in tax capacity caused by a classification change; property exemption, court judgment or county error. Reverse Referendum Process Defeated: An efforts to authorize a reverse referendum process in cities and counties with populations greater than 2,500 was defeated. The proposal would have allowed a reverse referendum in the event that the property tax levy increased over the previous year's certified levy by more than the greater of (1) 2 percent, or (2) the implicit price deflator for state and local purchases plus the percentage increase in the number of households in the jurisdiction. The reverse referendum would be triggered by a petition signed by at least 10% of the registered voters in the taxing jurisdiction. Local Government Aid: The amount of Local Government Aid will be adjusted for inflation. This inflationary adjustment will provide a 2.5% increase in the total LGA appropriation for aids payable in 2000. Local Performance Aid: The Local Performance Aid Program is repealed in 2000 and the amount of each city's 1999 LPA payment is added to each respective city's 2000 LGA payment. • • • • JUN-04-1999 13 :12 CITY OF OPH P.02/03 CITY OF OAK PARK HEIGHTS TUESDAY, JUNE 8,1999 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order /Approval of Agenda 7:06 p.m. 11. Deemartment /Council L,aiwn Reports A. Planning Commission B. Parks Commission C. Cable Commission D. Water Management Organizations L Brown's Creek Watershed District 2 Millie St. Croix Watershed District E. Other 7:16 p.m. III. Visitors /Public Comment A. Recycling Award (1) B. Kathy Casy - Up With People 1 1 The u an opportunity for tits pul+Le to acldzeue the Council with questions or concerns on issues not part of the regular agenda. (Please Grout cowmen a to 3 minutes in length.) 7:30 p.m IV. Convent AgencI (Roll Cali Vote) A. Approve Bills & Investments B. Approve City Council Minutes — May 25, 1999 (2) 7:35 p.m V. Public Hearings A. Set Public Hearing for June 22, 1999 to consider Repeal of Chapter 1123. (3) 7:45 p.m. VI. New Business A. Set salary and range for Administrative Assistant position. (4) B. Approve hiring of Administrative Assistant. C. Accept $250.00 donation to Panes Department from Bonestroo, Ronne, Anderlik & Associates. (5) D. Utility Billing Clerk status and authorization to advertise for and fill position. (6) JUN -04 -1999 13:12 CITY OF OPH P.03.433 E. Set August 3rd as first City Council Meeting in August. (7) F. Appoint Representative to the TH 36 Advisory Conxunittee. (8) G. Request for installation of an Aerator. (9) H. Authorization for Block Party. (10) 8:00 p.m. VII. Old Business, A. BRW Presentation. B. Planning Commission Bylaws. (11) C. Park Commission Bylaws. (12) D. Adopt Resolution 99 -06-25 a Resolution Authorizing Speed Study. (13) E. Discussion of Proposed Cooperative Construction Agreement. (14) F. Discussion of Council computer connectivity. (15) G. Update on Event Partherslzips with Stillwater. (16) H. NSP Council Liaison. (17) 9:00 p.m. VIII. Adiournment Sacral gailianng at Appl/ioe's may foNow TOTAL P.03 . • • • • JUN-04-1999 13 :25 CITY OF OPH P.02'02 CITY OF OAK PARK HEIGHTS CITY COUNCIL WORK SESSION TUESDAY, JUNE 8, 1999 5:30 P.M. 5:30 P.M. PLANNING COMMISSION VACANCY INTERVIEWS (1) 6:00 P,M. UPDATE ON CITY CONSTRUCTION PROJECTS 6:45 P.M. INITIAL PRESENTATION OP PARKS COMPREHENSIVE PLAN • (TO BE CONTINUED AT JUNE 22ND WORKSESSION) PLEASE BRING YOUR PARKS COMP. PLAN WITH YOU. 7:00 p.m. ADJOURN TO CITY COUNCIL MEETING • TOTAL P.02 • May 27, 1999 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Ken LaBoda, Louise Bergeron, Sheila -Marie Untiedt and Jerry Hicks. Also, Planner Meg McMonigal, Attorney Tom Scott, Treasurer Warren Erickson and Peace Officer Steve Nelson. 1. AGENDA - M /S /P Bergeron /LaBoda moved to adopt the agenda as amended. (5 ayes 2. MINUTES - M /S /P Untiedt /Bergeron moved to approve the 5/13/99 minutes of a Special Town Board Meeting with the architect as written (6:00 p.m.). (5 ayes) M /S /P LaBoda /Untiedt moved to approve the 5/13/99 Stillwater Town Board Meeting minutes as written. (5 ayes) M /S /P Untiedt /Bergeron moved to approve the 5/25/99 minutes of a Special Stillwater Town Board Meeting with the architect as written. (5 ayes) Ilk TREASURER - 1. Monthly report given. 2. Claims #273 thru #292 and checks #13177 thru #13185 were approved for payment. 4. ATTORNEY - 1. M /S /P Bergeron /Untiedt moved to approve the Oak Wilt Ordinance #121. (5 ayes) 2. M /S /P Untiedt /LaBoda moved to approve the Garley Variance as presented by the attorney. (5 ayes) 5. PLANNER - M /S /P LaBoda /Untiedt moved to authorize the chair to sign a letter to Dennis O'Donnell regarding 5 acre lots. (3 ayes /Bergeron, Hicks nays) 6. PUBLIC WORKS - 1. Letter from MNDOT regarding Stonebridge Trail was discussed. 2. The Highways 12 and 15 project has been stopped by the county. 7. PEACE OFFICER - 1. Spoke about July when he will be away. The animal ill control person in May Township will handle animal problems and the peace officer in the City of Grant will handle burning permits. General problems are to be directed to the Sheriff's Office. 2. Steve checked out the extraneous material Stillwater Town Board Meeting - 5/27/99 Page Two situation at the Outing Lodge with Mike Polehna and Dennis O'Donnell. The county is surveying the area to be sure whose - property -the material is on. Dennis O'Donnell will be in touch with Steve when more is known about what can be done to clean up the property. 8. MARK HUGININ - Mark, who is Jesse Ventura's appointee to the Community Development Commission of Metropolitan Council, was present to introduce himself to the board. His feelings are -that Metro Council has__too much control in community development. David Johnson expressed some criticisms of Metro Council's decision making process. • 9. KUNDE CO. - Mark Rehder was present to explain the services that -Kunde Co. could offer the township for oak wilt control. 10. WASTE MANAGEMENT - Marketing'�Manager ,'Ron,"Geradorf was present °at -=the ;.. request of the supervisors to discuss'Was'te Managemene taking over garbage pick -up in the township from Larson_Hauling. - 11. BRUGGERMAN COMPANY - Kevin' B"ruggerma_n' was present.:to outliine development project planned for the Karl- Schmoeckel- property" at -'the - northeast corner of the Highway 12 and 15 intersection, of. the ,township, (after annexation.) 12. COMMITTEES - 1. Park - Jerry Hicks will contact Maroneys about ._ why the tires were not taken from ,the dumpster_ =•_ - on Heavy Metal Day. '�'" " ' 2. Water Governance - Louise Berge"ron wi l l"' rei terate� that the township wants to be in only one WAMO. _ ::;• - 3. Browns Creek Watershed - Arequest has been made for a township representative to'be assigned to . : 11.:� an advisory committee.- �: 13. TOWN HALL RENOVATION - An informational - meeting for township residents will be held at 7 p.m. in the town hall on June 28, 1999. - 14.•RECYCLING BINS - Recycling bins,will,only be given to new ,homes-.::When the supply runs out the current promotional"program ' will:end..:This information will be in the next newsletter. r - 15. ADJOURNMENT - Meeting adjourned at,10:55,p.m. Clerk Chairperson Approved • • SPECIAL MEETING NOTICE BROWNS CREEK WATERSHED DISTRICT E IS HEREBY GIVEN that the Brown's Creek Watershed District (BCWD) Board of Managers will OTICE se of the meeting is to discuss the status of and issues old a meeting on Monday, June 7, 1999. The PAP° � it finds props grounds to do so, the Board may :fated to the proposed Trout Habitat Protection Project. The meeting will be held at 5:30 p.m. at the foie to closed executive session food Water of Conservation District, 1825 Curve Crest Boulevard, Stillwater, ffices of the Washington Soil ,.innesota. Dated this 2nd day of June, 1999. c a Michels, Secretary, Browns Creek Watershed District • • • r • JUN -11 -1999 09:21 CITY OF OFH CITY OF OAK PARK HEIGHTS TUESDAY, JUNE 8, 1999 CITY COUNCIL MEETING AGENDA 7:00 P.M. Call to Order /Aenroval o� Agencja 7:00 p.m. L Add Appointment to Planning Commission as Item I under New Business. 7:05 p.m. II. Department/Cogncil Liaison Reports, A. Planning Commission Next meeting: June 17, 1999 B Par1Rs Commission Next Meeting: June 21, 1999. C. Cable Commission Water Management Organizations I Brown's Creel Watershed District Update provided 2. Mi 1&e St. Croix Watershed District D. Other • 7:15 p.m. III. Visitors/Public Comment A. Recycling Award (1) Elmo Finneman, 5582 Osgood Avenue North B. Kathy Cosy - Up With People Upcoming events/job shadowing. Donna Gray, 14812 - 58th St. N., #3D This is an opportunity for Is pulls to address the Council with quest:onf or concerns on mimes not part of the regular agenda (Please limit comments to 3 minutes in length ) 7:30 pan. IV. Consent Agenda (Roll Call Vote) Consent Agenda approved as presented. Roll call vote was taken. Carried 5.0. A. Approve Bills & Investments B. Approve City Council Minutes — May 25, 1999 (2) • P.02/04 JUN -11 -1999 09 :22 CITY OF OPH 7:35 p.m. V. Public Hearings A. Set Public Hearing for June 22, 1999 to consider Repeal of Chapter 1123. (3) P.03'04 Public Hearing set for June 22, 1999 at 7:00 p.m. Carried 5 - 0. 7:45 p.m. VI. New Business A. Set salary and range for Administrative Assistant position. (4) Carried 5 - 0. B. Approve hiring of Administrative Assistant. Approved 5 - 0. C. Accept $250.00 donation to Perlis Department from Bonestroo, Rosene, Auderlilx & Associates. (5) Carried 5 - O. D. Utility Billing Clerk status and authorization to advertise for and 1211 position. (6) Carried 5 - O. E. Set August 3rd u first City Council Meeting in August. (7) Council meeting to remain scheduled for August 10, 1999. Budget workshop scheduled for Wednesday, August 4, 1999. Carried. 5 - O. F. Appoint Representative to the TH 36 Advisory Conunittee. (8) Couuncilmember Beaudet appointed as City Representative. Carried 5 - 0. G. Request for installation of an Aerator. (9) Staff directed to call mosquito control regarding the insect problem. Carried 5 - 0. H. Authorization for Bloch Party. (10) Authorization granted. Carried 5 - 0. I. Approve appointment to Planning Commission Mr. John Dwyer appointed to Planning Commission. Carried 5 -0. 8:00 p in. VII. Old Business A. BRW Presentation. Presentation given. B. Planning Commission Bylaws. (11) Approved with changes. Carried 5 - 0. C. Para Commission Bylaws. (12) Approved with changes. Carried. 5 - 0. • • • JUN -11 -1999 0922 CITY OF OPH D. Adopt Resolution 99 -06 -25 a Resolution Authorizing Speed Study. (13) Resolution adopted. Roll call vote was taken. Carried 5 - 0. E. Discussion of Proposed Cooperative Construction Agreement. (14) Resolution adopted. Roll call vote was taken. Carried 5 - 0. F. Discussion of Council computer connectivity. (15) Update provided. G. Update on Event Partnerships with Stillwater. (16) Update provided. H. NSP Council Liaison. (17) Councilmernber Swenson appointed as liaison. Carried 5 - 0. 8:53 p.m. VIII. Adjournment Sacral gatitcnng at Appi b..'a may blow • • P.04/04 TOTAL P 04 '05/29/1999 08:52 6514394705 • Chair LaBoda R • Chair LaBoda Stillwater Township Calendar June 3 Planning Commission - 7.00 PM June 10 Town Board Meeting 7:00 PM June 14 Park Committee 7.00 PM June 23 Joint Planning Meeting 7 -00 PM June 24 Town Board Meeting 7.00 PM June 28 Informational Meeting Town Hall 7.00 PM July 1 Planning Commission 7:00 PM July 8 Town Board Meeting 7:00 PM July 12 Park Committee 7:00 PM July 22 Town Board Meeting _ - - 7:00 PM • Pet Bantli May 29, 1999 Clerk, Stillwater Township Chair: LaBoda 7:00 p.m. Call To Order Agenda: Adopt ;i Stiliviater' T - AT, June jo -1999 RegUlarifeiting—. - - Minutes: Approve Minutes May 2 7, 1999 *- Treasurer: 1. Claims & Checks 1" At42pAsn 1. Treasure Rego Planner: 1. S Sleutner re: Proposed Otchipwe. --...., "r- i Engneer - 1. - . ee. Public Works: 1. MnDOT Information re: Stonettatitti:Trail 2. Representatives ranric--e RoadvrayPliins — County Letter June 1, 1999 ••■ ubdiwsion S.E. Corner of Stonebridge and Clerk: 1. Ivfiscellaneous - Peonle - 8:00 PM: Old Business:. New Business: Ad'ourn Note: • 1. Recommendations From Plamtmg Commission - .2 - - - - fek.; 1. Annexation of Bergniann Property 2. Outing Lodge Cleaa-up Informatton? Claims Please Kathy Scbmoeckel will take minutes. Andrea foehler will substitute for Tom Scott. 6/6/99 Pat Bantli wool Trite NHS ` WO "mMGTOff COOiff u0 Ycusar Peones & Sall U. WASHINGTON COUNTY COUNTY BOARD AGENDA JUNE 8, 1999, 9:00 A.M. Dennis C. Hogberg Dlsnict 1 Bill Pulkrab.k District 2 Wally Abrahamson District 3/Chair Myra Peterson District 4 Dick Stafford District 6 1 9 00 Roll Call 2 Consent Calendar 3 9 00 Public Hearing - Transportation and Physical Development - D Wisniewski, Director Appeal of Two Conditions Set Forth in the CUP Issued to the County Agricultural Society 4 9 45 Transportation and Physical Development - D Wisniewski, Director A Introduction of New Historic Courthouse Coordinator B No Parking Zone on CSAH 24 C Minnesota Trail Assistance Program for the Star Trail Association D Set Public Hearing - Scoping Decision Concerning EIS for CAMAS Mining Operation 5. 10:10 Court Services Department - R. Reetz, Director Sentence to Service Crew Leader Fundmg 10.25 Public Health and Environment - M. McGlothlin, Director A Participation in a Collection and Recycling Market Development Demonstration Project for Used Electronic Products B Establishing Seasonal License Application Fee for Sale of Tobacco C. Publish Notice of Availability of Formula Maternal -Child Health Grant Funds 7 11 00 General Administration - J Schug, County Administrator 8 11 10 Discussion from the Audience Visitors may share their concerns with the County Board of Commissioners on any :tem not on the agenda The Cho :r will direct the Couny Administrator to prepare responses to your concerns You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes 9 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to thefullBoardon committee activities, make comments on matters of:nterest and information, or raise questions to the staff This action is not intended to result in substantive board action during this time Any action necessary because of discussion will be scheduled for afuture board meeting 10. Board Correspondence 11 11.30 Adjourn ** *MEETING NOTICES LISTED ON BACK * ** H need asatan . du to demos r e use �Mt.asse e,NISa6�000� 439-3220) EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMNIISSIONERS CONSENT CALENDAR* JUNE 8, 1999 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM • Administration A Approval of amendment to the General Administration Policy #1019 - Annual Campaign for Combined Charitable Funds. Assessment, Taxpayer Services B. Approval of resolution, Minnesota Lawful Gambling Application to conduct and Elections excluded bingo from Scandia- Marine Lions, to be used at Scandia Community Center, New Scandia Township. Sheriff C. Approval of abatement applications for value. D Approval to award bidto Haldeman- Honnme, Inc forrotary file storage system and approval of contract in the amount of $45,040 for supplying and installing this equipment. . Transportation and Physical E. Approval - of resolution, request .the Commissioner of the Minnesota Department of Transportation to perform a speed study to determine the reasonable and safe speed limit an CSAH 13 from CSAH 18 to CSAH 15 and further authorize the Director of •Transportation an Physical Developmen install and maintain the appropriate signs. ,_ *Consent Calendar items are generally defined as items ofroutme busmess, not requiring discussion, and approved m one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. • . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REMINDER: No Board Meeting June 29, 1999 - 5f6 T- uesday MEETING NOTICES Date Committee Time June 8 Personnel Committee 11:45 a.m. June 8 Resource Recovery Project Budget Committee 3:00 p.m. June 8 Mental Health Advisory Council 4:00 p.m. June 9 911 Board 10:30 a.m. June 9 Metronet 12:00 p.m. June 10 Community Social Services Advisory 7:30 a.m. June 10 Metro TAB 12:30 p.m. Location Washington County Government Center Ramsey County Courthouse, Suite 220 -St. Paul , Christ Lutheran Church - Lake Elmo 2099 University Ave. W. - St. Paul • 2324 University Ave. W. - St. Paul Washington County Government Center 230 E. 5* St. - Mears Park Centre - St. Paul WASHINGTON COUNTY COUNTY BOARD AGENDA JUNE 15, 1999, 9:00 A.M. Dennis C. Hogberg District 1 Bill PuOvabok Minot 2 Wally Abrahamson District 3 /Chair Myra Paterson District 4 Dick Stafford District 6 1 9 00 Roll Call 2 Consent Calendar 3 9 00 Public Hearing - Transportation and Physical Development - D Wisniewski, Director Chapter Seven, Mining Regulations of the Washington County Development Code 4 9 45 Community Services Department - D Papin, Director A. Local Workforce Service Area Designation Under Workforce Investment Act of 1999 B Senior Community Service Employment Program 5 10 00 Human Resources Department - J Honmyhr, Director Nine Month Special Project Environmental Specialist in Public Health & Environment 6 10 10 Transportation and Physical Development - D Wisniewski, Director Install Signage Prohibiting Left Turns to Deer Path from CSAH 5 • 10.15 General Administration - J Schug, County Administtator Resolution Supporting Establishment of the Comfort Lake - Forest Lake Watershed District 8 10.25 Discussion from the Audience Visitors may share their concerns with the County Board of Comnussroners on any :tem not on the agenda The Clia :r will direct the County Administrator to prepare responses to your concerns You are encouraged not to be repetitious of previous speakers and to lmut your address to five minutes 9 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of:nterest and :nformahon, or raise questions to the staff This action is not Intended to result in substantive board action during this time Any action necessary because of ducuv :on will be scheduled for a future board meeting 10 Board Correspondence 11 10 40 Adjourn 12 10 40 Board Workshop with Office of Administration to 11 00 Discuss October 27, 1999 Sesquicentennial Event, League of Governments Meeting and County Cable TV Program 13 11 00 Board of Equalization Convenes • ** *MEETING NOTICES LISTED ON BACK * ** Assrsbve 6atsnaig dev,�ces m available for use,n the Ceun Baeid Room cc,� EdUAL EMPLOYMENT OPPORTUMTI l AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY_BOARD OF. COMMISSIONERS CONSENT CALENDAR * - JUNE 15, 1999 The following items are presented for Board approval/adoption: = DEPARTMENT /AGENCY Administration recorder ITEM A. Approval of the June 1, 1999 Board meeting minutes. B. Approval to designate Commissioner Pullcrabek as the County's voting delegate to the 1999 NACo Conference being held July 16-20, 1999 in St. Louis, Missouri. • C. Approval of resolution commending Dustin Kemznis of Scandia for achieving the rank of Eagle Scout and for his Eagle Project at the Hay Lake School Museum. D. Approval to reappoint John Mum; Afton; to the Parks and Open Space Commission to a first full term expiring December 31, 2001..- E. Approval to appoint Jon Harback to the Workforce Council as a Post Secondary Education representative to _a term beginning July 1, 1999 through June 30, 2001. F. Approval for Plat of Croix Crest, Scandia Township. 'ransportation and Physical G. Approval of resolution authorizing eminent domain proceedings for reconstruction Development of CSAH 19 in the City of Woodbury. • H. Approval of resolution authorizing the execution of an agreement with Union Pacific Railroad Company for improvements to the existing railroad crossing on Ideal Avenue in Oakdale at Mfie Post 8.51." • :"raj = �-� - 11- L Approval of resolution authorizing participation in and execution of application for State funding and execution of the Trail Assistance Agreement through the Minnesota Trail Association Program.: _ ., -: :; 757 • ti *Consent Calendar items are generally defined as items ofroutine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** EMINDER: No Board Meeting June 29, 1999 - 5'i Tuesday )ate me 14 me 14 me 15 .me 15 me 16 me 17 Committee AMC District X Meeting Rush Line Corridor HRA Board Meeting Public Health Advisory Committee Transportation Advisory Board Workforce Council MEETING NOTICES Time 4:00 p.m. 4:30 p.m. 4:30 p.m. 5:30 p.m.' 2:00 p.m. 8.00 am. Location 125 Charles Avenue - St. Paul White Bear Lake City Hall 321 Broadway St. Paul Park Washington County Government Center 230 E. 5th Street - Mears Park Centre Washington County Government Center • Y ouu are cor ii ally invited io atiend &e ANNUAL ST. CROI X VALLEY AFL -CIO CENTRAL LABOR COUNCIL PICNIC WEDNESDAY JUNE 23, 1999 PIONEER PA IN STILLWATER, MN Itst 5:00 p.m. to 8:00 p.m. BRING THE WHOLE (FAMILY There will be children's games and prizes, pop, beer, hot dogs and chips all prodded without charge by the SL Croix Valley AFL -CIO Central Labor Council and it's affiliates. • Pioneer Park Myrtle Street (iaans utt.j,) S6 i MH • • tnrn go, 4 EI Nt to y cn =" 40 rr.e�r ,o I-4 y rxr � 7 n O L .0 III 0 C2 'rl A2 00 e N O 0 D Cut Taxes 0 Reform Taxes Governor Ventura Plans Tax Reform Minnesota Taxpayeis Association 73rd Annual Meeting of Membei s Tuesday, June 29, 1999 9.00 a m — 1.00 p RIVERCE_NTRE 175 West Kellogg Boulevard St Paul, Minnesota 1'rfIPIIYFSiOri'A PI'- AYE AWCIATION As the uik ur sales tax rebate checks dries and the lower wit iholding tables are led Into payroll computers, plans for massive tax reform will be taking shape within the Ventura administration The Governor has directed Revenue Commissioner Mau Smith to make plans for comprehensive tax reform loi consideration by the 2001 legislature Veterans of state tax reform efforts here are under standably skeptical They've seen many plans loll out, but few comprehensive ones enacted Tax ieform invariably pioduces winners and losers It changes how we raise revenues and who bears the buiden of state and local taxes Unless there's another big surplus, tax reform will be a high stakes, zero -suin game Yet experts think our tax system needs retooling It is not ieady for the challenges ol the 21`i century Shitting demographics, new technologies, and heightened competition will have a significant impact on the yield of current tax systems in most states, including, and maybe especially, outs Commissioner Smith will tell us what the Governor expects and how he plans to deliver the master plan for reform Then a panel consisting of former tax commissioners and other tax experts will offer then advice on how to get the job done Governor Jesse Ventura will cap commJs,ioncrsmith all the morning program with a luncheon address, reflecting on the 1999 session and his hopes for the next thice years REGISTER SOON SEATING MAY BE LIMITED Phone Fax 17-mail (651) 224 -7477 (651) 224-1209 policy(! Infltax oig Pram 9:00 am Registration/Coffee 9:30 am Governor's Mandate for Reform The Process and the Timelines Matt Smith, Conmiissionei of Revenue 10:15 am What is Reform? What are the Critical Steps and Key Obstacles? Advice from a Panel of Veterans Moderator Lori Sturdevant, Editorial Winer Minneapolis Star and Tribune Panelists John James, Deloitte and Touche Dorothy McClung, Duector of Pi operty Records and Revenue, Ramsey County Nate Garvis, VP of Government Affairs, Dayton Hudson Corporporation Gary Carlson, Duector of Intergoveinmental Affairs, League of Minnesota Cities Dan Salomone, Executive Director, Minnesota Taxpayers Association Others invited 11:45 am Luncheon, Governor's Message 1 he Honorable Jesse Ventui a Governor ol the Stale ol Minnesota Following the Governor's talk, there will be a brief husmess meeting for members of the Minnesota Taxpayers Associa- tion Others are welcome to stay Directions: RIvI.RaN71tE is located in downtown St Paul at 175 Kellogg Boulevard neat the site of the old Civic Center /new hockey arena Take the 5th street exit from I -94, turn right on 7th Street, then left on Kellogg Parking: Ample parking is available at (he center in ramps on cither sale 01 Kellogg Registration Meeting and L><i!lEonheon Regrrstr ation fee: Members $40 Non - Members $50 Name Affiliation Addi ess Phone Fax Number Attending Members x $40 = Non - Members x $50 = Total Enclose amount due or l Bill Mc Please return this registration caid by Friday, June 25th BROWN'S CREEK WATERSHED DISTRICT 1825 Curve Crest Blvd. Stillwater MN 55082 Tel: 651 -430 -8300 FAX: 651 -430 -6819 June 14, 1999 Meeting Brown's Creek Watershed District 1. Call to Order @ 6:30 PM 2. Minutes of prior meetings; June 7 and May 24 (Michels) 3. Treasurer's Report — Deferred to June 28, 1999 meeting 4. THPP Project Summary of Decision Matrix from June 7, 1999 meeting (revised) Decision re ordering of the THPP Project 5. Review of Kismet Basin project submittal. 6. 2nd Generation Plan (2GP) Review of 2nd Generation Plan Introductory Meetings. Formation and direction to CAC re new members Review of 2GP Status (Emmons & Olivier) 7. Consideration of E & 0 letter of Recommendation 8. Plats and Plans for review 9. Communications 10 Old Business 11. New Business 12. Adjournment Managers: Craig Leiser, Pres • Karen Kilberg, VP • Jon Michels, Secy • E J Gordon, Treas • Daniel Potter • • STILLWATER TOWN BOARD MEETING June 10, 1999 Town Hall 7:00 P.M. PRESENT: Chairperson Ken Laboda, Supervisors Louise Bergeron, David Johnson and Sheila Marie Untiedt. Also, Planner Meg McMonigal, Attorney Andrea Poehler and Treasurer Warren Erickson. 1. AGENDA - M/S/P Bergeron/Johnson moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Untiedt/Bergeron moved to approve the 5/25/99 Special Town Board Meeting minutes as written. (4 ayes) M/S/P Untiedt/Bergeron moved to approve the 5/27/99 Stillwater Town Board Meeting minutes as written. (4 ayes) 3. TREASURER - M/S/P Bergeron/Johnson moved to authorize the Chair to sign Claims #293 through #307 and checks #13220 through 13233. (4 ayes) 4. ATTORNEY - M/S/P UntiedtBergeron moved to authorize the Chair to sign the Treasurer Resolution. (4 ayes) 5. PLANNER - 1. Cross Residential Kennel Permit - Since sufficient notice was not sent to neighbors, this matter will be reconsidered at a later date. 2. Comprehensive Plan Update - Planner Meg McMonigal reported that she had been notified by Metropolitan Council that the Plan was not complete in some areas. She will get the information ready and resubmit the Plan 6. PUBLIC WORKS - 1. Stonebridge Trail - Louise Bergeron reported on the findings of the engineering and traffic study done by the Department of Transportation. The two areas of concern were the need for warning signs for speed and removal of vegetation to provide better visibility. The issues are being addressed. 2. Planning Study of Highway 36 between I -694 and TH 5 - The County is looking for representatives to serve on committees. Louise Bergeron will serve on the Technical Evaluation Committee and David Johnson will serve on the Advisory Committee. 3 Sealcoating - Sealcoating has been done and dustcoating is planned for Saturday. 7. PLANNING COMMISSION RECOMMENDATION - Updated density figures are desired from the City. This will be discussed further at the next joint board meeting. STILLWATER TOWN BOARD MEETING — 6/10/99 PAGE TWO M/S/P Bergeron/Untiedt moved that the joint powers representatives from the Town Board request the City provide information on the annexation area with respect to: a. density as outlined in the comprehensive plan b. density used to date c. density removed by parkland, and d. location of multi - family housing (if changed from the comprehensive plan) (4 ayes) 8. BERGMANN ANNEXATION - Planner Meg McMonigal reported that the Bergmann property has been annexed and the City has requested the arbitration process. 9. TREE ORDINANCE — Leah Peterson spoke about a tree ordinance that has been developed by the City and encouraged the Town Board to adopt it. The Township will look at it after the ordinance has been finalized. ' ` 10 SMITH SUBDIVISION — S. Sleutner of TEC Design was present to discuss the Stonebridge intersection with respect to the proposed Smith subdivision. Planner Meg McMonigal will check with the Township Engineer and the County as to their recommendations. 11. ADJOURNMENT — The meeting was adjourned at 8:45 p.m. Clerk Approved Chair • • •