HomeMy WebLinkAbout2001-05-15 CC Packet~ORKSHOP
CITY OF STILLWATER
CITY COUNCIL MEETING NO.Ol-11
Council Chambers, 216 North Fourth Street
May 15, 2001
4:30 P.M.
1 Workshop vv~th Human Rights Commission
REGULAR MEETING
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES -Approval of May 1, 2001 Regular City Council minutes
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1 Presentation of retirement plaque to Jay Ludowese "
2 Presentation to Joe Christopherson m appreciation of promoting the painting o ity by is for lus Eagle Scout Project -
Boy Scout Troop 114 ' ° `~
3. Presentation to Boy Scout Troop 114 for then dedicated service of prep g s a g the flood of 2001 and for painting
city fire hydrants .,
4. Update on Efforts to Obtain New River Crossing -Ted Thompso,,(ts ~`
re ~~.r'~t...
OPEN FORUM .> a~-
The Open Forum is a portion of the Council meeting to address Co on subjects which aze not a part of the meeting agenda
The Council may take action or reply at the time of the ent or y give direction to staff regazding investigation of the
concerns expressed
STAFF REPORTS r
1 Police Chief 3 City Cler ommumty Dev Director 7 City Attorney
Fire Chief 4 Director of *6 City EngmeerlPWD 8 City Admiustrator
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CONSENT AGENDA*
1 Resolution 2001-93, Directing a of B~
2 Approval of waiver of garbag lle hazges for applications 2001-01 through 2001-OS
3 Approval for Stillwater Hockey oos lub to use the Apple property for paid pazlang during LumberJack Days
4 Application to Sell 3 2 - all ournament -Lily Lake Ballfields -July 20-22 -Todd Pohflca Applicant
5 Approval of Gamb ermi nts of Oak Pazk -May 18, 2001
~ Resolution 2001- , Ap val of Software and Software Maintenance Agreement -Finance System - Springbrook
7. Resolution 2001- rov of Software and Software Maintenance Agreement -Finance System - AllianceHRMS
8. Resolution 6, ttppr al of Change Order #S and Finad Payment for SCVRC 2", Sheet of Ice
9. Resoluti _ 001.._ ~, Approval of 2001 Art Fair Agreement
UNFINISHED BUSINESS
1 Railroad Property purchase agreement (Resolution)
2 North Hill Feasibility Report (Resolution)
NEW BUSINESS
1 Tax Increment Distract No 8 -Long Lake Housing Distract (Resolution)
2 Agreement for Lily Lake Water Quality Monrtormg (Resolution)
3. Mcgusick Lake Water Quality Monitoring (Resolution)
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued)
COMMUNICATIONS/RE UESTS
Bayport ladder truck proposal
Middle River WMO Membership
3 Request to treat Autumn Way pond
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT -Possible adjournment to executive session
* All items fisted under the consent agenda are considered to be routine by the City Council and will be enacted by one motion
There wyll be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items wi
be removed from the consent agenda and considered separately
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2
CITY OF STILLWATER
CITY COUNCIL MEETING NO.00-11
Council Chambers, 216 North Fourth Street
May 15, 2000
~ORKSHOP 4:30 P.M.
1 Workshop with Human Rights Commission
REGULAR MEETING 7:00 P.M.
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES -Approval of May 1, 2001 Regulaz City Coi~i`l~ n
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIOl~'
1 Presentation of rerirement plaque to Jay Ludowese '"'A t
2 Presentation of plaque to Elks for D A R E donarion '~"~ `°
~.~`
OPEN FORUM s
The Open Forum is a portion of the Council meeting ~ a ess Coo cil on subjects which aze not a part of the meeting agenda
The Council may take action or reply at the tim„a~of the s~'ate or may give direction to staff regazding mvestigation of the
concerns expressed x,
STAFF REPORTS
1 Police Chief 3 Ci ~°'~ `~
t j-~ 5 Community Dev Director 7 City Attorney
2 Fire Chief 4 Direr tifAF~enin 6 City Engineer/PWD 8 City Admuustrator
CONSENT AGENDA* /
1 Resolution 2000-93, Directmg Payment of Bills
Approval of waiver of gazbage and collecrion chazges for applications 2001-01 through 2001-OS
Approval for Srillwater Hockey Booster Club to use the Aiple property for paid pazkmg durmg Lumbez7ack Days
Appreciation to Boy Scout Troop 114 for their dedicated service of preparing sandbags durmg the flood of 2001 and for pamtmg
city fire hydrants
5 Application to Se113 2 -Softball Tournament -Lily Lake Ballfields -July 20-22 - Todd Polifka Applicant
6 Approval of Gambling Permit for Parents of Oak Pazk -May 18, 2001
PUBLIC HEARINGS
UNFINISHED BUSINESS
1 Railroad Property purchase agreement (Resolution)
2 North Hill Feasibility Report (Resolution)
NEW BUSINESS
I Tax Increment Distract No 8 -Long Lake Housmg Distnct
2 Agreement for Lily Lake Water Quality Momtormg (Resolution)
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued)
CONIMUNICATIONS/REOUESTS
1 Bayport ladder truck proposal
2 Middle River WMO Membership (Available on Monday)
3 Request to treat Autumn Way pond (Available on Monday)
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
~JOURNMENT
* All items listed under the consent agenda aze considered to be routine by the City Council and will be enacted by one morion
There will be no separate discussion on these items unless a Council Member or citizen so requests, m which event, the items will
be removed from the consent agenda and considered separately
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April 26, 2001
The Honorable Jay L. Kimble
Mayor of Stillwater
412 West Elm Street
Stillwater, MN 55082
Dear Mayor Kimble:
I write to you as a member and spokesperson for the Stillwater Human Rights Commission We
would very much like to have an opportunity to informally discuss a number of matters with you
perhaps in the workshop forum relating to human rights and some of the initiatives that the
commission is considering and working on, one of which is an enforcement provision for
violations of human rights in the City of Stillwater. I enclose for your information a copy of a
draft proposal which has been under discussion. We would very much appreciate an opportunity
• to sit down and discuss this and other matters in an open and informal exchange.
Very truly yours,
~~~VU '~
Jeffrey R. Anderson
~ef~'r anderson@ralawfirm com
JRA.tat
encl.
cc: Councilperson John Rheinberger
Councilperson Wally Milbrandt
Councilperson Eugene Bealka
Councilperson Terry Zoller
Diane Ward, City Clerk
Nile Kriesel, City Administrator
Peggy Perry
Erica Buege
Anthony Carr
Suzanna Schlesinger
Louise Watson
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MEMORANDUM
TO:
FROM
DATE:
RE•
Ad Hoc Committee Human Rights Commission
Jeff Anderson
March 19, 2001
Ad Hoc Committee Changes
This draft proposal adds enforcement duties and therefore contemplates amendment of § 25.-
1 to read as follows:
Subd. 2--Duties and Responsibilities:
(7) to receive complaints of violations of the Minnesota State Human Rights Act, Minn.
Stat. Ch. 363.
(8) to investigate said complaints to the extent possible.
(9) enter into predetermination settlement agreements with the affected parties.
(10) enter into conciliation agreements with the affected parties before or after a finding
that reasonable grounds exist to believe a violation has occurred.
(11) upon complaint or motion of the Commission, commence enforcement action as
provided herein where the investigator finds that reasonable grounds exist to believe
a violation of Chapter 363 has occurred within the City limits for the City of
Stillwater.
[excerpts taken from St. Paul Ord. 183.18 Duties]
(12) establish a panel to effectuate provisions of (~ through (11) called the Human Rights
Commission panel within the Human Rights Commission.
(a) Panel consists of three (3) members appointed by the chairperson of the
Commission;
(b) panel shall consist of the following:
(1) one member or former member of the Commission on Human Rights
(one of which must currently be sitting);
(2} one member shall be a volunteer attorney duly licensed in good
standing in Minnesota and a current resident of+he City of Stillwater.
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The volunteer attorney shall be taken from a list of residents
compiled by the City clerk and City attorney. The commission shall
then solicit volunteers from saad list to serve on a rotating basis
Subd. 3-Procedure for Complaints; Investigations, Conciliations, Mediations and Hearings
Before Commission.
(a) Complaint filing. Any person believing d~scnmination has occurred may file with
the chairperson of the commission (by filing with the city clerk) a venfied wntten
complaint under oath which shall state the name and address of each person
complained against (respondent) and shall set forth the pertinent facts as known to
the complainant. If the complainant or Respondent is under the age of 18, the
identity of the minor will remain private and made known to the City Clerk and
Chairperson and subject to further disclosure in accord with data privacy laws
protecting minors and advice of the City Attorney.
[St. Paul 183 24]
(b) Service. The city clerk within twenty days of the receipt of the verified complaint
shall serve a copy of the complaint on the respondent personally or by first class
mail. The respondent shall file a written response with the city clerk setting out the
respondent's position relative to the complaint within thirty (30) days of the receipt
ofthe complaint. If the Respondent fails to respond with a written position statement
within thirty days of the receipt of the complaint, and the respondent has not
• requested an extension of time for response, the city clerk shall refer the matter to the
commission. The commission may bring an action for default in district court.
[See 141.50 Minneapolis Ord.]
(c) Preliminary inquiry into complaint. Promptly upon the filing of any complaint, the
chairperson of the commission shall appoint a member of the commission as
investigator who shall make such investigation as the investigator may deem
appropnate to determine whether there is probable cause to believe that the
allegations of discrimination are well founded. While the investigator is
investigating a complaint, the investigator may attempt to conciliate the matter
complained of prior to the signing of a verified complaint or prior to making a
detemm~ation ofprobable cause. The investigator appointed by the chairperson shall
be disqualified from any further proceedings if the matter proceeds to hearing or
other action by the Commission.
(d) Probable cause. After investigating a complaint and after consulting with the city
attorney's office, the investigator shall make a determination as to whether there is
probable cause to believe that the allegations of the discrimination are well founded.
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(fj Finding of probable cause and conciliation If the investigator makes a
determination of probable cause, the investigator shall immediately endeavor to
eliminate the acts or practices complained of by conciliation, mediation or •
persuasion. If the investigator cannot do so, then the investigator shall refer the
complaint to the commission. A conciliation agreement using out of such
conciliation shall be an agreement between the complainant, respondent and the
Commission and shall be subject to approval by the chairperson, vice person or
commission. Each such conciliation agreement shall be made public unless the
complainant and respondent otherwise agree and the investigator determines that
disclosure is not required to further the purposes of this ordinance
(g) Investigator's authority to dismiss a complaint and review thereof. If at any time
subsequent to the signing of a verified complaint and prior to referral of the
complaint to the commission the investigator shall determine the charge is without
merit, is frivolous, or the complainant has consistently failed to provide or has
refused to provide requested information, the investigator may dismiss the complaint.
The investigator shall set forth the reasons for the dismissal in writing and shall mail
to the complainant and the respondent a copy of this wntten decision and a statement
explaining the complainant's right to file a civil action.
(h) Notice to commissioners. Whenever the investigator makes a finding of no probable
cause or dismisses a complaint, the investigator shall provide written notice of this
action to the commission.
(i) Hearingprocedure. Within thirty (30) days following the referral of a complaint, the •
chairperson of the commission shall designate three (3) members of the commission,
at least one of whom shall be a volunteer lawyer, to serve as a heanng panel, and the
panel shall set a time and place within the city for the hearing of such complaints and
the answers to the allegations thereof.
(j) Determination prior to public hearing. At any time after a complaint has been
referred to a hearing panel, but before the public hearing has been completed, the
hearing panel may issue an order dismissing a complaint because it has been
conciliated, because it appears the allegations were not well founded or for any other
justifiable reason. However, the hearing panel shall attach to its order written
findings of fact and conclusions of law supporting the dismissal, and shall serve a
copy upon all parties by mail. Any such dismissal shall be reviewable the same as
any other final decision in a contested case, as provided in Chapter 14 of Minnesota
statutes
(k) Hearings.
(1) Public hearings shall be conducted by the heanng panel who shall conduct
the heanng in accordance with Chapter 14 of Minnesota Statutes.
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(2) Hearings shall be before a panel of three (3) commissioners presided over by
the volunteer attorney member The attorney member shall rule on all legal
• questions presented but shall not be bound by Minnesota Rules of Evidence
and may admit evidence which possesses probative value commonly
accepted by reasonable prudent persons in the conduct of their affairs The
attorney member shall give effect to the rules ofprivilege recognized by law.
~ (3) Each member of a heanng panel, of a prehearing conference, shall be paid
' fifty dollars ($50 00) per day while actually sitting and serving at the public
hearing, the review hearing, the prehearing conference, or the mediation.
Such committee members, presiding officers, and mediators shall be paid
thirty-five dollars ($35 00) when service does not exceed four (4) hours in
any one day. No fee shall be paid for any work done prior or subsequent to
the holding of the public heanng, the review hearing, the preheanng
conference, or the mediation. Such fees shall be authorized by the mayor
after being requested in writing by the member.
(1) Subpoenas. The chairperson of the commission, a hearing investigator or a hearing
panel may, at the request of an y party, apply to the district courts for subpoenas to
require witnesses to appear at any regularly scheduled public heanng before a
hearing committee to give testimony and to bring with them for examination any
books, papers, electronic data or documents relative to any verified complaint which
is the subject matter of a public heanng. The chairperson of the commission may
• apply to the district court to punish a person who disobeys a subpoenas obtained at
the chairperson's request in like manner as a contempt proceeding is initiated in the
district courts of this state
(m) Findings. If the hearing panel finds that the respondent has engaged in
discrimination by a violation of Chapter 363, the hearing panel shall make written
findings of fact and conclusions of law, and shall issue an order directing the
respondent to cease and desist from the discriminatory act or practice found to exist,
and to take such other affinnative action as in the judgment of the hearing panel will
effectuate the purposes of this title. Such order shall be a final decision for purposes
of appeal or enforcement. The hearing panel shall order any respondent found to be
in violation of any provision of section 363 to pay a civil penalty to the City of
Stillwater. This penalty is in addition to compensatory and punitive damages to be
paid to an aggrieved party. The heanng panel shall determine the amount ofthe civil
penalty to be paid, taking into account the seriousness and extent of the violation, the
public harm occasioned by the violation, whether the violation was intentional, the
cost of investigation incurred by the City of Stillwater, and the financial resources
of the respondent. Any penalties imposed under this provision shall be paid into the
general fund of the city. In all cases, the heanng panel may order the respondent to
pay an aggrieved party, who has suffered discrimination, compensatory damages in
an amount up to three (3) times the actual damages sustained. In all cases, the
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heanng panel may also order the respondent to pay an aggrieved party, who has
suffered d~senmination, damages for mental anguish or suffering and reasonable •
attorneys fees m addition to pumt~ve damages in an amount not more than eight
thousand five hundred dollars ($8,500.00}, Punitive damages shall be awarded
pursuant to Minnesota Statutes Section 549 Z0. In any case where a political
subdivision is a respondent, the total punitive damages awarded an aggneved party
may not exceed eight thousand dollars five hundred ($8,500.00) and in that case if
there are two (2) or more respondents, the punitive damages may be apportioned
among them. Punitive damages may only be assessed against a political subdivision
in its capacity as a corporate entity and no regular or ex officio member of a
governing body of a political subdivision shall be personally fable for the payment
of punitive damages pursuant to this subdivision.
The hearing panel shall cause the findings of fact, conclusions of law and order to be served on the
complainant and respondent personally, or by first class mail, and shall furnish copies to the city
attorney, mayor and city council.
Civil Action, Judicial review and Enforcement. (a) Civil actions. A complainant may bring a
civil action at the following times:
(1) Within forty-five (45) days after the investigator, a hearing panel has dismissed a
complaint for reasons other than a conciliation or mediation agreement to which the
complainant is a signatory; or
(2) After forty-five (45) days from the filing of a verified compliant if a timely hearing •
has not been held and the complainant has not entered into a mediated agreement
with the respondent, or the commission has not entered into a conciliation agreement
to which the complainant is a signator. The complainant shall notify the
Commission of his/her intention to bring a civil action, which shall be commenced
within ninety (90) days of giving the notice.
A complainant bringing a civil action shall mail, by registered or certified mail, a copy of the
summons and complaint to the Commission and upon receipt of same, the chairperson shall
terminate all proceedings before the department relating to the complaint and shall dismiss the
complaint. No complaint shall be filed or reinstituted with the Commission after a civil action
relating to the same unfair discriminatory practice has been brought unless the civil action has been
dismissed without prejudice
(b) Judicial review. Any person aggrieved by a final decision of a hearing panel reached after
a hearing held pursuant to ordinance, may seek judicial review in accordance with Chapter
14 of Minnesota Statutes.
(c) Enforcement.
(1) When a respondent fa~Is or refuses to comply with a final decision of a heanng panel,
the Commission may file with the dtstnct court a petition requesting the court to
• order the respondent to comply with the order, thereupon the court shall issue an
order to show cause directed to the respondent why an order directing compliance
should not be issued. Notwithstanding the provision of any law or rule of civil
procedure to the contrary, the court shall examine at the hearing on the order to show
cause all the evidence m the record and may amend the order m any way the court
deems just and equitable. If the hearing panel ordered an award of damages and ~f
the court sustains any or all of the award it shall enter~udgment on that order m the
same manner as m any civil suit.
(2) In the event that the complainant or respondent elects to bring the action in the
distnct court, the court shall have the same authonty as the commission on human
rights to award appropriate remedy and shall make such awards pursuant to this
chapter.
[See Mpls. Code 141.50 and 141.60]
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CITY OF STILLWATER
CITY COUNCIL MEETING NO.Ol-10
May 1, 2001
RECESSED MEETING 4:30 P.M.
The meeting was called to order by Mayor Kunble at 4 30 p.m.
Present Councilmembers Bealka, Milbrandt, Rhemberger, Zoller and Mayor Kimble
Absent None
Also Present City Admimstrator Knesel
City Engineer Eckles
City Attorney Magnuson
Fire Department Chief Kallestad
Police Chief Dauffenbach
Commumty Development Director Russell
Director of Admimstration Kadin
Assistant Fmance Director Harrison
City Clerk Ward
STAFF REPORTS
Police Chief Dauffenbach reported to Council that security of the dike area has been very
good He also stated that a few citations have been given, but that overall the public has
cooperated with the security of the dike azea
Director of Admimstration Kadin reviewed the finance system, soflwaze and hazdwaze
• quotations that aze a part of the consent agenda She also stated that the quotes received were
considerably lower than expected and that staff would be requesting the balance to be
transferred to the 2002 budget.
Commumty Development Director Russell reported that the start of the pay parking program
will be delayed due to the dike downtown He stated that he has discussed the situation with
Impenal Pazkmg and they understand the situation Mr. Russell asked Council to start the
pazking program on May 18 contingent on the removal of the dike by that date
Motion by Councilmember Rhemberger, seconded by Councilmember Zoller to start the pay-pazking
program on May 18 contingent upon the dike removal. All in favor.
City Engineer Eckles reviewed the lifeguard memo with the various options available to
Council He stated that with the raising of lifeguard salaries in 2000, the City was able to
employ enough lifeguazds to provide service for eight hours a day, seven days a week.
Motion by Councilinember Rhemberger, seconded by Councilmember Zoller to continue the same
level of service as last yeaz (Option 2) All in favor.
City Engineer Eckles provided Council with an update on the flood and removal of the dike.
He stated that, barring additional precipitation, the flood level could be below flood stage at
the end of the weekend, but that Mn/DOT will have to inspect the bridge prior to its opening.
He stated that if the weather holds out that removal of the dike could begin within the next
two weeks. Mr Eckles also addressed the issue of use of the pazk and that it could be July 1
before it could be used to its fullest
City Administrator Knesel asked City Engineer Eckles the likelihood of opening up Water
Street and parking lots
1
City Council Meeting No. 01-10
May 1, 2001
City Engineer Eckles stated that with the cleanup, there would be a lot of activity in that area
and would request that the azea not be opened until the cleanup is complete
Councilmember Zoller stated that he agreed with the City Engineer and that for public safety
reasons the azea should not be available to the public until the dike is removed
City Engmeer Eckles informed the Council of a prescribed burn to be held on Thursday, May
3`d, depending on the weather in the Disc Golf Course azea to begin the pazarie restoration
project
City Attorney Magnuson reviewed a letter regazdmg the dissolving of an agreement between
proposed buyers and D R Horton, the developer of Liberty 3`a Addition He stated that the
developer has mformed the proposed buyers of lots for $70,000 is voided and asking $80,000
per lot. Mr. Magnuson stated that technically the Council could not force these agreements,
but may consider a letter to the developer regazdmg the handling of this matter
Motion by Councilmember Rheinberger, seconded by Councihnember Zoller directing City
Attorney Magnuson to wnte a letter to the developer of Liberty 3`d Addition regazding the handling
of the matter of agreements. All in favor
OTHER BUSINESS
David MacGillivrav, Sprin~sted Inc -Tax rate and debt service analysis
City Admimstrator Kriesel reviewed his memo regazding debt service and tax mformation •
with Council. He stated that the purpose of this information is to provide Council with a
conservative outlook on the City's fmances.
Mr David MacGillivray, Springstead reviewed different options that could be used to
restructure debt, raise additional revenue etc., and that his firm has done this type of service
for various size cities within the metro azea He stated that the City is not in bad fmancial
condition, but that Council may want to look at various options to reduce the debt sernce of
the City
Mayor recessed the meeting at 5 50 p.m
REGULAR MEETING 7:00 P.M.
The meeting was called to order by Mayor Kimble at 7:00 p.m.
Present• Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble
Absent None
Also Present: City Admuiistrator Kriesel
City Attorney Magnuson
Police Chief Dauffenbach
City Engineer Eckles
City Clerk Wazd •
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City Council Meeting No 01-10
APPROVAL OF MINUTES
May 1, 2001
• Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to approve the April
17, 2001 City Council minutes All in favor
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
2.001 Annual Heritage Preservation Awazds
Mayor Kimble and Heritage Preservation Commission Chair Howazd Lieberman presented
the 2001 Heritage Preservation Awards for
Reuse of an Existing Building Award
River Market Commumty Coop -Kerry Larson & Ann LeLaVergne
The Valley Bookseller -Jocelyn and Jim Tilson
Signage Award
The Dreamcoat Cafe -Kristin and Lars-Erick Cazlson
Use of and Outdoor Snace Award
Camrose Hill Flower Studio - Cindie Sinclair, Jim Cunningham, Jimmy Hartman
Design Award
Ascension Episcopal Church -Reverend Jery Doherty
Update on Efforts to Obtain New River Crossing -Ted Thompson
Mr. Ted Thompson provided Council with an update on the new bridge project. He stated
that he has met with Congressional offices in Washington on the status of the bridge project
and the efforts of the City. He also said Mn/DOT has made it very clear that the June 1
deadline is the final date for action on the project. Mr. Thompson stated that the future of the
lift badge will be essentially decided on June 1 as well because it is probable that Mn/DOT
will not expend significant money on the bridge because of the agency's view that the bridge
has hampered the plans for a new budge
Mr Thompson stated that he would be asking the Washington County Board of Directors to
support the extension of the June 1 deadline. He also stated that there is a provision in a
House bill that would prohibit the Commissioner to remove the bridge project from the
project-scheduling list
Mr Thompson asked Council to urge people to send commumcations and make phone calls
• to the Commissioner of Transportation and Governor Ventura to let them know the
importance of the project to the Stillwater azea
3
City Council Meeting No 01-10
OPEN FORUM
May 1, 2001
Mr. Mark Walker and Mr. John Schloe, 333 West Aspen requested that Council reconsider .
the closing of the Staples Field basketball court.
Mr Don Greeley, 214 West Stillwater Avenue also requested that Council reconsider the
opening of the basketball court and stated that he believes that lockable basketball hoops and
the locking of the gates would prevent the late night use of the court.
Mr. George Thompson and Ms Amy Thompson, 401 N. Wilkins explained their issues
against the reopening of the basketball court.
Councilmember Milbrandt stated that this issue was brought up at the Parks Boazd meeting
and that the board is presently investigating alternative uses for the park and other locations
for the basketball court
Councilmember Rheinberger stated that he is against the reopening of the basketball court
He stated that this issue has been an ongoing issue and that the Council made its decision to
close the basketball court and alternative uses is being investigated by the Pazk Board He
stated that as far as he is concerned the matter is closed
Mayor Kunble concurred against the reopening of the basketball court. He stated that he has
received continuous complaints and since the court is not opened has not received those
complaints. S
Mr. Walker requested that Council approve the street closing for the neighborhood get-
together on Sunday, May 4.
Chief Dauffenbach stated that Mr Walker needs to submit a plan showing the streets that he
wants to close. This type of request is coordinated with Police and Public Works
Motion by Councilmember Rheinberger, seconded by Councihnember Zoller directing Chief
Dauffenbach to meet with Mr. Walker to review his request and determine what streets can be
closed All in favor
CONSENT AGENDA
Motion by Councihnember Bealka, seconded by Councilmember Rhemberger approving the consent
agenda All in favor.
Resolution 2001-89, Directing payment of bills
Resolution 2001-90, Extending fire protection contracts with the townships of Stillwater, May and
the City of Grant
Approving license to real property for household waste collection on May 19, 2001
Approval of Expenditure for 7~ Annual Stillwater Art Crawl
Approval of purchase, planning & implementation of new finance system •
Approval of purchase of new hazdwaze & software upgrades and new finance system
4
City Council Meeting No 01-10
NEW BUSINESS
• Jul~ity Council Meetings
May 1, 2001
Mayor Kimble reviewed the memo from the City Clerk regazdmg meetings in July
Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to hold one meeting
on July 17, 2001 and that if another meeting is necessary in July Council could hold a special
meeting either July 24 or July 31 All in favor
Civil Defense Sirens
Chief Dauffenbach presented Council with an overview of coverage area by civil defense
sirens. The new siren would service the Liberty-Legends azea. He stated that the siren
would be located at the top of a 50-foot wooden pole on the west side of Liberty Pazk within
a grove of trees because the elevation is higher and would provide better coverage. Chief
Dauffenbach recommended the purchase of a siren from Nelcom for the pnce of $17,645.43
including installation.
Councilmember Zoller stated that he would like staff to meet with the neighbors to inform
them where the siren will be placed in Liberty Park
Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt approving the
purchase and location of the siren in Liberty Park and directed staff to meet with the neighbors neaz
Liberty Pazk to inform them of the placement of the siren All in favor
Approval of St Croix Valley Recreation Center Management Agreement
City Admuiistrator Kriesel reviewed the proposed agreement and budget for the management
of the St Croix Valley Recreation Center He also stated that the Park Boazd has approved
the agreement and budget but has requested Mr. Doug Brady to review the fees for the field
house and report back to the Parks Boazd
Motion by Councilmember Bealka, seconded by Councihnember Rheinberger adopting Resolution
2001-91, Approving the St. Croix Valley Recreation Center Management Agreement with St. Croix
Catering, Inc All in favor
Ayes Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kunble
Nays None
Acc~tance of conveyance of Post Office Pazk property from David Hurley
City Attorney Magnuson presented the Council with a proposed dedication agreement by
David M. and Cazole King Hurley for the Post Office Park property.
• Motion by Councilmember Rheinberger, seconded by Councilmember Bealka adopted Resolution
2001-92, approving the dedication agreement for the Post Office Pazk property. All in favor
5
City Council Meeting No. 01-10
May 1, 2001
Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble
Nays None •
Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to prepaze a
proclamation for David and Cazole King Hurley for their donation of the Post Office Pazk property
All in favor
COMMUNICATIONS/REOUESTS
Human Rights Commission
Mayor Kimble reviewed the request by the Human Rights Commission asking for a
workshop with Council.
Motion by Councilmember Rhemberger, seconded by Councilmember Bealka to hold a
workshop with the Human Rights Commission on Tuesday, May 15, 2001 at 4.30 p.m All
in favor
Sidewalk on Curve Crest -Colleen Badrica
Council received the letter regazdmg a sidewalk on Curve Crest Boulevazd from Ms. Colleen
Badrica.
Mayor Kimble stated that this issue has been previously referred to staff for review. •
COUNCIL REQUEST ITEMS
Mayor Kimble reviewed the flood update that was given at the 4:30 meeting, plus urged
residents of Stillwater to contact legislators regazding the new bridge project.
STAFF REPORTS (continued)
Chief Dauffenbach reported that a traffic study in downtown would be conducted while the
bridge is closed and after the budge reopens to have a comparison on traffic volumes.
ADJOURNMENT
Motion by Councihnember Rheinberger, seconded by Councihnember Bealka to adjourn the
meeting to executive session at 8:39 p m. All m favor.
ATTEST:
Diane F Wazd, City Clerk
Jay L. Kimble, Mayor
6
r~
City Council Meeting No 01-10
May 1, 2001
• Resolution 2001-89, Directing payment of bills
Resolution 2001-90, Extending fire protection contracts with townships of Stillwater, May and
Grant
Resolution 2001-91, Approval of St Croix Valley Recreation Center Management Agreement
Resolution 2001-92, Approving the dedication agreement for the Post Office Park property
•
7
.~
1
•
DeMay & Associates
420 Summit Avenue
The University Club
St Paul, Minnesota 55102
PH: 651-291-0297, FAX• 651-291-7965
MEMORANDUM
DATE: May 15, 2001
TO: Caty of Stillwater
FROM: Ted Thompson, DeMay & Associates
RE. Stillwater Bridge Update
Miuueseta legislature:
As you know, Representative Mark Holsten successfully added a provision to the House
Transportation bill that prohibits the Commissioner of Transportation or the Met Council
from removing the Stillwater Bridge from the State Transportation Improvement Project
fisting. In other words, it prevents the Commissioner from ki~linig this project. Senator
Bachmann attempted a similar amendment on the floor of the Senate but it failed on
procedural gxounds related to when the amendment was offered.
The good news here is that the language is in one version of the bill, and we are now putting
all of our efforts into keeping the Holsten provision in the final version of the bill that
comes out of Conference Committee. Last week I hand delivered letters from Mayor
Kimble to all 10 conference committee members and had a very positive discussion with
Senate Transportation Committee Chairman Dean Johnson about the importance of keeping
the Holsten language in the b71. Rep. Holsten has also been discussing his provision with
Sen. Johnson.
On Friday, Senator Bachmann offered an amendment to the Senate Tax Bill to shift $18
million to the Stillwater Bridge project. Some senators questioned the germaneness of the
amendment although no one formally challenged the amendment on that basis. Senator
Pogemiller called for a roll call vote on the amendment, mentioning that Sen. Bachmann had
been trying to get a vote of this sort for some time The amendment failed. Having seen the
debate and spoken with Senators afterward, the vote was not a reflection on the Stillwater
Bridge project, but was instead one based on germaneness, appropriateness of the funding
source, and other questions that were involved with the amendment.
• The conference committee has had two scheduled meetings cancelled due to other legislative
business but are scheduled to meet this evening for an overview of the bill. They may also
agree to incorporate all identical language into the conference report and then start moving
to resolving differences in the bill, including the Stillwater Bridge language. •
Congress:
As we've stated previously, Congressional authorizations and appropriations moves on a
much different timeframe and therefore there is not much more to report than that
Congressmen Kind and Luther have made a formal request of the House Appropriations
Committees for the $15 million Conservation Fund, and we continue to communicate with
the Senators as well. One potential problem is the lack of discretionary money this year.
Given the size of the proposed tax cut, the complaint is that it is squeezing every available
dollar into a tax cut to the exclusion of other items, including the Conservation Fund. This
could be problematic but we won't know for some time
Deearbnant of Interior.
The Advisory Council on Historic Preservation sent a letter to Secretary Norton formally
asking that she drop the requiremern fora $15 million Conservation Fund with the premise
that the Secretary is charged with equal enforcement of historic and environmental
protection laws, and to put a price tag on one over the other is outside the ~ui7sdtction of the
agency and would set a horrible precedent with nationwide unpact.
I have spoken with staff at the National Trust for Historic Preservation and it sounded like
they would formally send a letter to Secretary Norton in support of the Advisory Council's
position •
sovernor Ventura:
Mayor Kinble has formally requested a short meeting to discuss the Stillwater Bridge
situation with the Governor himself, and to ask for his intervention with MnDOT on the
deadline. I have spoken again with the Governor's transportation liaison and conveyed
updated information and ideas to him for consideration by the governor.
Wisconsin:
I am working with a number of individuals in Wisconsin who are similarly trying to keep the
bridge project alive. Wisconsin Governor Scott McCallum has increased his attention to this
issue and has publicly said he will do what he canto keep it on track Sen. Sheila Harsdorf
of Wisconsin has been actively working to engage the Governor on this issue and hosted a
meeting about the Stillwater Bridge with the Governor prior to the Governor's fishing
opener a couple of weekends ago Hopefully this will result in communication between the
two states whereby Wisconsin asks Minnesota to provide an extension until the end of the
Congressional session to allow needed time for the resolution of outstanding issues. The
DNR issues are still outstanding, but I am hearing that Wisconsin is more clearly speaking
with `one voice.'
Oak Park Deights:
I spoke with Mayor Beaudet again today There has been some discussion about Highway
36 improvements but it appears to have centered prinalYly on the `sub-area study' being
conducted by MnDOT on the Hwy 36 comdor I believe the Mayor is sincerely interested
in resolving outstanding issues for the betterment of the larger community, but I am
concerned that MnDOT efforts to date have not sufficiently met expectations by the Crty of
Oak Park Heights, nor by me based on my earlier conversations with MnDOT officials on
tlis subject
Public Awareness:
I have been receiving numerous emails and other inquires from people in MN and WI
asking how they can help I have been distrbuting "Talkirig Points" and "Key Contact"
information at varous community meetings and through the internet. There has also been
significant press coverage in the last couple of weeks on both sides of the rver. This
coverage includes articles, columns, op-eds, and letters to the editor
16 DAYS ... AND COONTIN6:
We're getting down to the wire on thus project, and while I am very hopeful that the
Wisconsin government would like an extension, our Congressmen are doing what they can
in Washington, we have the prospect for a legislative extension in Minnesota, and the public
is engaged in the issue, MnDOT's apparent reluctance to actively pamcipate on matters in
support of the project is creating significant obstacles. I don't really want to characterize
MnDOT action or inaction -I'll leave that to you, but I do think as the lead agency they
could be providing much more assistance to the effort
• Remember, the email address for folks who want to help out is stillwaterbridge~yahoo coin.
•
LIST OF BILLS
EXHIBIT " A" TO RESOLUTION #2001-93
Abbott Paint Paint 115 00
Ace Hardware Maintenance supplies 203 75
Action Rental Propane 95 85
Amdahl, Chris Keys 88 00
Ancom Techrncal Center Egwpment maintenance 245 50
Andre' Beaulieu Arena egwpment 600 00
Arch Wireless Pager service 958 56
Aspen Mills Uniforms 142 34
AT & T Telephone 115 31
Bearcom Contract service 282 69
Bell, Tim Maintenance supplies 85 12
Board of Water Commissioners Due to component urnt 90 33
Banes Meeting expense 41 69
Buberl, Larry April arnmal transports 125 00
Car Quest Vehicle Maintenance 478 58
Century Power Egwpment Egwpment supplies 61 69
CDW-G Office equipment 499 06
Chaves, Nick Cell phone 21 90
Cite-Cargo 8 Storage Rental 93 60
City Engineers Association of Minnesota Dues 2001 50 00
Coca Cola Concession supplies 237 55
Copeland Building Corporation Grading Escrow Refund 4,750 00
Corporate Technologies Budding maintenance 85 00
Courser News Publication 29 33
Curtan, Christine Refund Park fees 100 00
C W Houle McKusick/Mulberry Application #3 114,697 26
Cy's Undorms Urnforms 86 30
Dalco Budding maintenance 177 28
Danko Emergency Egwpment Equipment supplies 85 20
Dauffenbach, Charlotte Urnform maintenance 24 00
Desch, Mark & Gloria June 2001 lease 979 65
Diornsopoulos, Jeff Urnforms 63 29
Edward Don & Company Maintenance supplies 211 32
Erickson, Ron Maintenance supplies 41 52
Fire Marshall Assoc Membership 35 00
First Line Beverage Concession supplies 203 49
Fred's Tire Vehicle Maintenance 45 67
G & K Services Budding maintenance 3,426 84
Goodwill April ADC expenses 343 00
Hansen, Steve Dare gift certificates 125 00
Heritage Printing Camp Flyers 33 71
Hoffer, Amy Park rental refund 100 00
Ikon Office Solutions Office supplies 139 49
International Association of Fire Chiefs Fees 79 00
International Business Machines Corp Maint agreement, support line 1,325 73
Jansens Cleaning Maintenance agreement 1,270 00
Johnson, Ron
hts b
Li
H & H Office supplies
B
dd
t 14 85
239 40
g
y enance
u
ing main
EXHIBIT " A" TO RESOLUTION #2007-93 Page 2
Lind, Gladys Land purchase agreement 927 00
Lindeman, Gary Urnforms 79 99
Linner Electric Co Budding maintenance 18 38
McCollister & Co Fuel Oil 136 27
Melstrom, Jeff Uniforms 37 50
Menards Park supplies 272 27
Metropolitan Council Environmental June 2001 74,296 73
Met Council Mears April SAC 29,601 00
Met Life Dental Insurance 29 87
MII Term Life Ins Insurance 1,275 21
MAUMA Seminar 30 00
MN Board of Peace Officers Dues 2001 45 00
MN Chief of Police Association Office supplies 15 31
MN Dept of Transportation Office supplies 46 10
MPCA Project Invoice Professional Service 1,440 00
Northern Dewatering Flood trash pump 5,011 31
Northern Door Company Repair Zamboni 1,132 50
Northern Traffic Supply Signs for flood 2,013 88
Northwestern Tire Vehicle Maintenance 183 00
Office Max Office supplies 154 29
Plant Health Associates Tree Protection 520 00
Porta Pot Sanitation Monthly rental, flood 1,179 75
Press Publications Publication 92 00
Pryor Resources Inc Seminars 447 00
Reliable Office Supplies Office supplies 538 14
Royal Lube Vehicle Maintenance 23 92
Ruby J's Custom Sewing Urnforms 314 00
St Croix Boat & Packet April Expenses 22,215 60
St Croix Office Office supplies 360 97
Sanders, Shawn Mileage 34 50
Schell's Landscaping Bobcat rental flood 360 00
SECOM Vehicle Maintenance 177 40
Secure Benefits System Corp Administrative fee 118 00
Smith, Ryan Supplies 37 19
Snyders Office supplies 18 79
Space Mobile 8 Modular Structure Rental 135 00
Spike's Cobblecraft Equipment maintenance 66 00
Sprint Telephone 44 67
Stillwater Amoco Fuel 8,301 12
Stillwater Gazette Publication 10 75
Stillwater Glass Vehicle Maintenance 300 00
Stillwater Motors Vehicle Maintenance 190 22
Sysco Concession supplies 10611
TA Schifsky & Sons Asphalt 1,074 02
TimeMark Inc Equipment 272 99
T K Supply Company, LLC Equipment maintenance 198 38
Trinity Lutheran Church Park deposit refund 50 00
Turning Point Office supplies 1,108 13
Urnted Rentals Seminar, flood rentals 3,257 81
EXHIBIT " A" TO RESOLUTION #2001-93 Page 3
i
•
Valley Trophy
Verizon Wireless
Washington County License Center
Washington County Recorder
Washington County Center
Wolf Marine
Yeadon Fabric Domes
Yocum Od
Zee Medical
ADDENDUM TO BILLS
American Pump Company
Board of Water Commissioners
Burschvdle Construction Inc
Courser
Cummings Chrysler Dodge Inc
DeMay & Associates
Digitex, Todd
Gazette
George Olsen Construction Co
Imagineering
Infrosource Inc
Kevin Snyder Construction
Magnuson Law Firm
Mid American Business Systems
Minnesota Dept of Public Safety
PC Solutions
Qwest
Royal Lube & Service
R & T Specialty
St Croix Office Supplies
Sanders,Wacker, Bergly Inc
Superior Ford
Treadway Graphics
Ultra Galaxy
Washington County License Center
Xcel
Plaques 233 74
Cell phone 777 33
License Tabs 102 50
Variances 44 00
Access fee 5,920 00
Propane 63 90
Repair Dome 300 00
Fuel 3498 29
Medical supplies 45 09
Pump rental for Flood 21,372 61
Reimburse payment in error 203 75
Cty Rd 15 Watermain Application 1 112,725 33
Publication 28 35
Vehicle 20,242 00
Professional services 16,100 00
Park deposit refund 150 00
Advertisement 51 00
2nd sheet ice application # 12 15,410 00
Professional services 225 00
Education 1,560 00
Grading escrow refund 1,500 00
Professional services 10,251 08
Computer software 15,990 00
Vehicle registrations 33 00
Maintenance agreement 167 00
Cell phones 1,319 74
Vehicle maintenance 158 07
DARE supplies 38 08
Office supplies 297 28
Professional services 1,765 00
Vehicles 44,732 00
DARE supplies 60 32
Web Hosting 240 00
Vehicles 1,344 73
Electricity,Gas 21,153 39
TOTAL 589,743 50
EXHIBIT " A" TO RESOLUTION #2001-93 Page 4
Adopted by the City Council this
15th day of May, 2001
•
•
Memo
DATE: May 17, 2001
TO: Mayor and City Council
FROM: Chantell K 1
Director of Administration
RE: Waiver of Garbage Collection Charges =
Attached are requests for Waiver of Garbage and Collection Charges for June 1, 2001-May 30,
2002, in accordance with City Code Section 30-1, Subd. 9
• Recommendation
Staff recommends the City Council take action to approve waiver of garbage and collection
charges for applications 2001-01 through 2001-OS
•
•
APPLICATION NO 2001-01
WAIVER OF GARBAGE AND COLLECTION CHARGES
COUNCIL ACTION FORM
Applicant:
NAME Annette Edwi ns
ADDRESS 213 N. Greeley Street °
Recommended Action:
APPROVE X
DISAPPROVE
REASON FOR DISAPPROVAL
DATE SUBMITTED: Apri 1 23 , 2001
n
U
•
APPLICATION NO. 2001-J2
WAIVER OF GARBAGE AND COLLECTION CHARGES
COUNCIL ACTION FORM
Applicant:
NAME Florence Kroening
ADDRESS 1910 N. Fifth Street -
C~
Recommended Action:
APPROVE X
DISAPPROVE
REASON FOR DISAPPROVAL
DATE SUBMITTED: Apri 1 23, 2001
•
APPLICATION NO. 2001-03
WAIVER OF GARBAGE AND COLLECTION CHARGES
COUNCIL ACTION FORM
Applicant:
NAME Fay1 ene Zi ton
ADDRESS 1314 W. Linden Street
•
Recommended Action:
APPROVE X
DISAPPROVE
REASON FOR DISAPPROVAL
DATE SUBMITTED: May 1, 2001
•
•
APPLICATION NO. 2001-04
WAIVER OF GARBAGE AND COLLECTION CHARGES
COUNCIL ACTION FORM
Applicant:
Joseph Junker
NAME
ADDRESS 1220 4th Ave. South
Recommended Action:
•
APPROVE X
DISAPPROVE
REASON FOR DISAPPROVAL
DATE SUBMITTED: Play 1, 2001
•
APPLICATION N0.2001-05
WAIVER OF GARBAGE AND COLLECTION CHARGES
COUNCIL ACTION FORM
Applicant:
NAME Alberta Marte
ADDRESS 215 N. Owens Street
Recommended Action:
•
APPROVE X
DISAPPROVE
REASON FOR DISAPPROVAL
DATE SUBMITTED: Rnri 1 30,2001
•
Cc' S(tS~o~
Stillwater Area High School ---~ ~ -
Hockey Booster Club ~~~~ r 3
t
u~~
May 1, 2001
His Honor The Mayor
City Council
216 North 4m Street
Stillwater, Minnesota 55082
This is a request on behalf of the Stillwater Hockey Booster Club to
use the Aiple property for paid parking during Lumberjack Days.
Proceeds of this fundraiser will be used exclusively for the Stillwater
Area High School hockey program and team facilities at the St. Croix
Valley Recreation Center
• The Hockey Boosters will be responsible for picking up trash after the
event.
Your favorable consideration will be greatly appreciated.
Kenn Ryberg, Co-Chairman
10801 Penfield Avenue Ct. No.
Stillwater, Mn. 55082
439-9595
~ ~~
City o~
S tip~~aten, ~ i~u~esota
Centi~icate o~ ~ppneciatior~
presented to
BOY SCOUT TROOP 114
INAPPRECIATION
OF
THEIR DEDICATED SERVICE
OF PREPARING SANDBAGS
DURING THE FLOOD OF 2001
AND
FOR PAINTING CITY FIRE HYDRANTS
BY THE STILLWATER CITY COUNCIL
MAY 15, 2001
~(ayoh
City o~
S ti.Q.Q~ate~, ~U(iu~-~esota
Centi~icate o~ ~4ppneciatior~
pneser~ted to
JOE CHRISTOPHERSON
IN APPRECIATION
OF PROMOTING THE PAINTING
OF CITY FIRE HYDRANTS
BY BOY SCOUT TROOP 114
FOR HIS EAGLE SCOUT PROJECT
BY THE STILLWATER CITY COUNCIL
MAY 15, 2001
vi~layoh
•
APPLICA TION FOR PERMIT TO SELL
Permit No 2001 _ 63 Location Lily Lake Ballfields
Organization Digrtex
Organization Type (Individual, For-Profit, or Non-Profit)For Profit Bus/Orgamzahon
First Name Todd Last Name Polifka
Address 9200 Jergen Ave S Date of Birth:
City Cottage Grove State MN Zip 55016
Mailing Address (if different than above)
Home Phone 651-769-0171 Work Phone 651-774-3363
Event (softball game, wedding, etc. Ball Tournament
Type of Activity (fund raiser, dancing, music etc.)
~eginning Day: Fnday, July 20, 2001 Beginning Time 6 00 PM
Ending Day Sunday, July 22, 2001 Ending Time 9 00 PM
Selling of Beer 3-2
Selling of Beer (over 3-2)* ^
Selling of Liquor* ^
Selling of Wine* ^
*Requires a temporary license through MN Liquor Control
Diane Ward, City Clerk
OFFICE USE ONLY
Permit to Sell Issued ^ Approved by City Council on
n
U
t
•
•
Page 1 of 2 3/01
wnnnCavea ~aw~ua• vainui-ny For Board Use Only
LG220 -Application for Exempt Permit Fee - $25 Fee Paid
Organization Information Check Na
Organization name Previous lawful gambling exemption number
Street City State2~ Code County
3~5 ~
Name of chief executive officer (CEO)
First name Last name
Daytime phone number of CEO
Name of treasurer Daytime phone number of
First name Last name treasurer
Type of Nonprofit Organization
Check the box that best descnbes your organ¢ation
^ Fraternal ^ Religious ,
^ Veteran [Other nonprofit organ¢ation
Check the box that indicates the type of proof your organ¢ation attached to this application
IRS letter indicating income tax exempt status
Certificate of Good Standing from the Minnesota Secretary of State's Office
^ A charter showing you are an affiliate of a parent nonprofd organ¢ation
^ Proof previously submitted and on file wdh the Gambing Control Board
Gamblin Premises Information
Name of premises where gambling activity will be conducted (for raffles, Est the sde where the dravwng will take place)
-~ L
Address (do not use PO box) City State2ip Code County
~~ Z. I
Date(s) of activity (for raffles, indicate the date of the drav-nng)
f~
Check the ox or bo es that indicate the type of gambhng aetmiy your organ¢ation will be conducting
^ 'Bingo Raffles (cash pr¢es may not exceed $12,000) ^ 'Paddlewheels ^ *Pul~Tabs ^'Tipboards
"Equipment for these activities must be obtained from a licensed distributor
This form will be made available in
alternative format (i a large pnnt, Braille)
upon request The information requested
on this form (and any attachments) will be
used by the Gambling Control Board
(Board) to determine your qualfications to
be invobed in lawful gambling activities in
Minnesota You have the nght to refuse to
supptytheinformation requested, however,
if you refuse to suppty this information, the
Board may not be able to determine your
qualfications and, as a consequence, may
refuse to issue you a permit ff you suppty
the information requested, the Board will
be able to process your application
Your name and and your organization's
name and address w~l be pubfin information
when received by the Board AA the other
information that you provide wiU be prnate
data about you unfit the Board issues your
permit When the Board issues your
perm, all of the infomtation that you have
provided to the Board in the process of
apptying for your permdwiA become public
!f the Board does not issue you a perm,
aq the information you have provided m the
process of applying for a permit remains
prnrate, with the exception of your name
and your organ¢ation's name and address
which HnB remain pubhc
Prnate data about you are available only to
the following Board members, staff of the
Board whose work assignment requires
that they have access to the information,
the Minnesota Department of Public Safely,
the Minnesota Attorney General, the
Minnesota Commissioners of
Administration, Finance, and Revenue, the
Minnesota Leg~lafive Auditor, national and
irrtemational gambhng regulatory agenaes,
anyone pursuant to court order, other
individuals and agencies that are
specficalty authored by state or federal
law to have access to the information,
indmduals and agenaes for which law or
legal order author¢es a new use orshanng
of information after this Notice was gnren,
and anyone with your consent
LG220 -
Exempt Permit
Organization Namet~~ l~ t"`()~ (~
Local Unit of Government Acknowledgment
•
If the gambling premises is within city limits, the
city must sign this application.
On behalf of the city, I acknowledge this applicatwn
Check the action that
the city is taking on this application.
The cdy approves the application with no
wading penod
^ The cdy approves the applicatron with a 30 day
wartmg penod, and allows the Board to issue a
permd after 30 days (60 days for a first class
cdy)
The cdy denies the applicatron
Pnnt name of aty d,~//~[~~c.~
(Signature of cdy personnel recennng application)
Page 2 of 2
3/01
ff the gambling premises is located rn a township, both
the county and township must sign this application.
On behalf of the county, I acknowledge this apphcatwn
Check the action that
the county is taking on this application.
The county approves the application with no
wart~ng penod
The county approves the appGcatbn wdh a 30 day
wading penod, and allows the Board to issue a
permd after 30 days
The county denies the application
Pnnt name of county
(Signature of county personnel receiving apphcabon)
Trite
Date / /
•
Date /
TOWNSHIP- On behalf of the township, I acknowledge that
the organ¢ation s applying for exempted gambbng acbvdy
wdhin the township hinds [A township has no statutory
authordy to approve or deny an application (Minn Stet sec
349 213, subd 2)
Pnnt name of township
(Signature of township official acknowledging apphcahon)
Tdle
Date ! /
Chief Executive Officer's Signature
The information provided in this application ~s complete and accurate t the best of my knowledge
Ch f executive o er's s {~ ~-~~ l`~-'~
~ ffic mature ~~ ~.~.~_ __
Name (please pnnt) ~~~../-~ ~~
Mail Application and Attachments
At least 45 days prior to your scheduled actmty date send
• the completed application,
• a copy of your proof of nonprofd status, and
• a $25 appl~cat~on fee (make check payable to `State of Mmnesota'~
Apphcatron fees are not prorated, refundable, or transferable
Send to: Gambling Corrtrol Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
ff your apphcatwn has not
been acknowledged by the
bcal and of government or
has been denied, do not
send the apphcatron to the
Gambling Control Board
•
Memorandum
To: Mayor and Council
From: Rose Holman, MIS Specialist ~i
Date: 05/15/01
Subject: Software License and Maintenance Contracts for New Finance System
Attached are the software license and maintenance agreements for Spnngbrook and Alliance
HRMS The purchase of this software for the new finance system was approved at the May 1,
2001 City Council Meeting City Attorney Dave Magnuson has reviewed all of these contracts
•
Recommendation:
Approval of contracts with Springbrook and Alliance HRMS for software license and
maintenance agreements
CJ
SERVICES AGREEMENT
FOR
AUTOMATED ENVIRONMENTS' LICENSED SOFTWARE APPLICATIONS
This Services Agreement is entered into, effective as of , by and between
City of Stillwater (hereinafter referred to as Buyer), whose address is 216 North Fourth Street, Stillwater, MN 55082, USA and
Automated Environments (hereinafter referred to as AE), whose address is 5316 Swindon Road, Rocklin, California, 95765, USA
Whereas, Buyer has obtained anon-exclusive license to use AE Licensed Software Applications and related user
documentation and has agreed to the terns and conditions of the End-User License Agreement as was presented to Buyer for
acceptance upon installation of the AE Licensedl Software Applications
Whereas, Buyer desires that AE provide certain consulting services on an as-needed basis, mcludmg services relating to
the design, development, and time and material based maintenance related to AE Licensed Software Applications,
Whereas, both the Buyer and AE desire to set forth m writing the teams and conditions of their dealings, including rghts
as to AE Programs,
In consideration of the agreements herein contained, the parties hereto agree as follows
ARTICLE 1.0 DEFINITIONS.
In addition to teens elsewhere defined m this Agreement, the following defined terms shall have the meaning set forth m
this Article for the purposes of this Agreement.
• 1 AE Personnel: All persons engaged from tune to time as officers, employees, agents or independent contractors of AE
2 AE Programs: Software works created specifically for this Agreement These works include modifications to AE
Licensed Software Applications described m the End-User License Agreement and/or originally created software which includes
software programs or components or any documentation or compilations or derivative works prepared by AE along with any
and/or all associated Error Corrections
Agreement: This Sernces Agreement and all Attachments and Exhibits, which are incorporated herein by this reference.
4 Buyer: City of Stillwater
5 Buyer's Equipment: The Server Computer(s), Client Computers, mcludmg all memory, disks, terminals, printers,
communications, operating systems, compilers, etc. on which the Software System will be installed, operated and maintained
6. Buyer's Facilities: The space, envnonment, and other physical attributes of the Buyer's locations, provided and to be
used with the installation, operation and maintenance of the AE Programs
7. Error Correction: Either a software modification or addition that, when made or added to the AE Programs, establishes
material conformity of the AE Programs to the fiinctional specifications, or a procedure or routine that, when observed m the
regular operation of the AE Programs, eliminates the practical adverse effect on Buyer of such nonconformity.
8 Server Computer(s): The computer(s) that store and process the Licensed Programs and data for the database server
and/or web server.
9 Client Computer: One or more single computers that are connected to the Server Computers that allow a user to execute
the Lrcensed Programs which process data that is retrieved and stored on the Server Computers
ARTICLE 2.0 SERVICES.
1. On the terms and conditions set forth herein, the Buyer hereby engages AE to perform the duties set forth m the attached
Confidential 8< Proprietary Information - 05/05/2007 Services Agreement Page -1
Exhibit A during the term hereof, on an as-needed basis, and AE hereby accepts such engagement. Unless otherwise mutually
agreed, all sernces shall be performed at AE's facilities. AE agrees to use its best efforts, at a level consistent with persons havin
a similar level of education, experience, and expertise in the software industry, in the performance of the sernces called f~
hereunder. AE will provide Buyer these services only after receiving prior written approval from Buyer's authorized personnel.
ARTICLE 3.0 OBLIGATIONS OF BUYER
1 Buyer shall grant to AE such access to Buyer's Facilities, all parts of the AE Programs situated thereon, and all Buyer's
Facilities and Buyer's Equipment as may be reasonably necessary for AE to perform its obligations under this Agreement Access
to Buyer's Facilmes shall be subject to Buyer's customary site access requirements AE shall cause all of its employees and agents
performing work on Buyer's Facilities to observe all rules and regulations therein effect
2 Buyer shall be responsible for procuring, installing, and maintaining all Buyer's equipment, telephone Imes,
communications software, Internet connections, e-mail connections and other hardware (other than the hardware used by AE
internally to perform its obligations under this Agreement) necessary for AE to access the AE Licensed Software Applications in
order to obtain from AE the sernces called for by this Agreement.
3. Buyer shall make timely payments as defined in ARTICLE 6 0.
ARTICLE 4.0 TERM OF AGREEMENT.
1 The term of this Agreement shall be for an initial period of one year from the date first above written. Thereafter, the
Agreement Tenn shall automatically renew for successive periods of one year each unless and until tainmated pursuant to
ARTICLE 11 0 hereof. The Buyer anticipates that rt will require AE's services as specified in Exhibit A However, the actual
services shall consist of specific tasks or results to be achieved and shall be performed at mutually agreeable times on an as-needed
basis AE will not provide any sernces without written notice from Buyer authorizing AE to provide services
2 Buyer may terminate the performance of any services ordered under this Agreement for its own convenience at any rim
upon written notice to AE 1n the event of such termination, Buyer will, as its sole and exclusive obligation, pay AE as provided i~
ARTICLE 6 0 of this Agreement for services rendered up to AE's receipt of termination notice
ARTICLE 5.0 INDEPENDENT CONTRACTOR
1 AE agrees that it shall be acting aS an independ~t contractor and shall not be considered or deemed to be ain agent, Iomt
veinture, or partner of the Buyer. AE shall have no authority to contract for or bind the Buyer m any manner and shall not represent
itself as an agent ofth Buyfx or as otherwise authorized to act for or on behalf of the Buyer
ARTICLE 6.0 FEES AND CHARGES.
1. Buyer shall pay AE its fees and charges based on the rate schedule set forth in Exhibit A hereto. The rates for AE
Personnel will not be affected by the location where the seances are performed. AE reserves the right to change its rate schedule
from time to time, provided that no such change will be effective until at least sixty (60) days after AE has given Buyer written
notice of such changes Any rate increase will not apply to purchase orders already placed by Buyer
2. Buyer shall pre-pay AE or the mutually agreed designated vendor for actual and reasonable transportation and lodging
exposes. Buyer shall reimburse AE for other expenses including meals related to travel and modem related telephone expenses
incurred by AE m rendering services to Buyer under this Agreement. AE shall conform to standard expense and rambursemeut
policy, and shall provide backup documentation as called for by Buyer. AE shall not undertake travel expenses without reeving
prior notice from Buy's authorized personnel.
3. AE shall invoice Buyer on the first day and sixteenth day of each month for all fees and charges accrued, and all
reunbursable expenses incurred, and Buyer shall pay the invoiced amount within thirty (30) days of invoice date.
ARTICLE 7.0 NON EMPLOYMENT OF AE EMPLOYEES.
1 For twelve (12) months after any employee's termination from AE (whether Voluntary or Involuntary), the Buyer, its
majority owned subsidiaries, its corporate parent or shareholders having a majority interest in Buyer and such corporate parent's or
shareholder's ma~onty owned subsidiaries or wmpames agree not to employ a former AE employee without written consent of
Confidential & Proprietary Information - 05/05/2001 Services Agreement Page - 2
AE, which employment shall also include contracting either directly or through Hurd party sources Damages for such employment
shall be set at Fifty Thousand Dollars ($50,000) per occurrence
ARTICLE S.0 PROPRIETARY RIGHTS.
1 To the extent that AE provides Buyer with any AE Programs, Buyer may reproduce, install, use, maintain and support the
AE Programs on the Buyer's Equipment at the Buyer's Facilities in a manner consistent with the requirements of this Agreement,
for purposes of serving the Buyer's internal business needs Buyer may not use or copy the AE Programs, or any copy, adaptation,
transcription, or merged portion thereof, except as expressly authorized in this Agreement or as authorized in wasting by AE
2 The AE Programs are and shall remain the sole property of AE, regardless of whether Buyer, its employees, or
contractors may have contributed to the conception of such work, joined in the effort of its development, or paid AE for the use of
the work product. Buyer shall from rime to tune take any further action and execute and deliver any further instrument, including
documents of assignment or acknowledgment, that AE may reasonably request m order to establish and perfect its exclusive
ownership rights in such works. Buyer shall not assert any right, title, or interest in such works, except for the non-occlusive
royalty free perpetual license granted to Buyer at the time of its delivery or on-site development
ARTICLE 9.0 GRANT OF LICENSE.
1. Subject to compliance by Buyer with the terms hereof, AE hereby grants to Buyer, a perpetual, personal, non-exclusive,
non-assignable (except as provided for in the End-User License Agreement) license (without the right ofsub-license), to:
Reproduce, install, use, maintain and support the AE Programs on Buyer's Equipment at Buyer's Facilities in
support of the internal business activities of Buyer, and
b. Use any associated documentation provided by AE only in conjunction with the AE Programs.
ARTICLE 10.0 CONFIDENTIALITY.
1 Each party acknowledges that all material and information which has or will come into the possession or knowledge of
each in connection with this Agreement or the performance hereof, consists of confidential and proprietary data, whose
disclosure to or use by third parties will be damaging Both parties, therefore, agree to hold such material and information
in strictest confidence, not to make use thereof other than for the performance of this Agreement, to release it only to
employees requiring such mfonnation, and not to release or disclose it to any other party.
It is understood that in the course of automating the Buyer's business, that certain proprietary information will be
disclosed to AE. AE will not disclose any confidential information regarding the Buyer's employees, clients, financial
data or method of doing business. However, in the course of doing business, AE must incorporate programming methods
of a similar nature on various applications for a variety of its clients This non-disclosure of information will m no way
apply to the similarity of programming and systems techniques that are and may be employed by AE to satisfy its other
customers
ARTICLE 11.0 SCOPE OF AGREEMENT.
1. This Agreement is intended by the parties hereto to be the final expression of their agreement, and it constitutes the fiill
and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or
agreements to the contrary heretofore made This Agreement may be amended only in a wasting signed by the parties to this
Agreement.
2. For purposes of enforcing this Agreement, all Articles of this Agreement, except ARTICLE 6 0, FEES AND CHARGES
hereof, shall be construed as covenants independent of one another and as obligations distinct from all other contracts and
agreements between the parties hereto
ARTICLE 12.0 TERNIINATION.
1 This Agreement may be terminated by either party upon the expiration of the then-cuireait term of this Agreement,
provided that at least thirty (30) days prior written notice is given to the other party Notwithstanding the above, AE may
terminate at any time due to nonpayment by Buyer and the Buyer shall be obligated to compensate AE at the rate established
Confidential & Proprietary information - ()5/05/2001 Servkes Agreement Page - 3
herein for services performed prior to the date of such termination h1 the event of termination for convenience by Buyer under
this Article, the Buyer shall be obligated to compensate AE at the rate established herein for services performed prior to the date o~
such termination
ARTICLE 13.0 GOVERNING LAW.
1. This Agreement is made under, and in all respects shall be interpreted, construed, and governed by and in accordance
with, the laws of the State of California The venue for any legal actions arising on behalf of AE shall be Placer County within the
State of California Except to the extent that the provisions of this Agreement are clearly inconsistent therewith, this Agreement
shall be governed by any applicable provisions of the Uniform Commercial Code
ARTICLE 15.0 ATTORNEYS FEES
I If legal action is required to enforce any rights hereunder, the substantially prevailing patty shall be entitled to
reimbursement of all reasonably incurred legal fees and court costs from the non-prevaihng party
Buyer Initials AE hvtials
1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the day and year first
above written
BiJYER City of Stillwater
By:
Authorized Corporate Officer
Name
Title:
Date:
By:
AUTOMATED ENVIItONMENTS
Authorized Corporate Officer
Name: Steven Alves
Title President
Date:
•
Confidential & Proprietary Information - 05/05/2001 Serv-ces Agreement Page - 4
EXHIBIT A
SCOPE OF SERVICES
The followmg services are provided on an on-gomg basis durmg the course of the Agreement
Service Tvnes
Analysis & Design
Data Conversion
On-Lme Help Systems
Documentation
Installation
Integration
Programmmg
Prole~ct Management
Setup
Support
Trammg
AE's standard rates are One Hundred Fifty Dollars per hour ($150) and shall apply to all services provided by AE ands this
Agreement. No work anll be stariexl by AE v~nthout prior authorization by Buyer m the form of Buyer's written purchase order
•
C
Confidenfial & Proprietary Information - 05/05/2001 Servrces Agreement Page - 5
EXAIBIT B
BUYER SPECIFIC SERVICES
AE Professional Services (Estimated):
The following sernces will be provided to Buyer Unless mutually agreed, all programming services shall be performed at
Automated Envu-omnents' facilities and all training services will be performed at Buyer's facilities This section provides an
estimate of the number of hours needed to complete the specified task and isnot afix-fee contract.
Consulting Services (Estimates) Hours Pace ($150 Hour)
Project Management 4 $ 600
Implementation Planning 4 $ 600
Software Installation on Server /Cheats 4 $ 600
Table Design and Setup Training 8 $ 1,200
System Administrator Training 4 $ 600
End-User Trammg 12 $ 1,800
Query /Report Writer Trammg 4 $ 600
Consulting Services Sub-Totals 40 $ 6,000
*Data Conversion Services are available and covers the relevant HR data Conversions can have the potential to regwre many
more hours than is estimated depending on the state of the data, what access we have for converting it, and how it needs to be
converted We will provide data conversion services not to exceed 40 hours at $150/hour.
•
Confidenfial & Proprietary Informafion - 05/05/2001 Services Agreement Page - 6
ANNUAL MAINTENANCE AGREEMENT
® FOR
AUTOMATED ENVIRONMENTS' LICENSED SOFTWARE APPLICATIONS
This Annual Maintenance Agreement is entered into, effective as of , by and between
City of Stillwater (hereinafter referred to as Buyer), whose address is 216 North Fourth Street, Stillwater, MN 55082, USA and
Automated Environmalts (hereinafter referred to as AE), whose address is 5316 Swindon Road, Rocklin, California, 95765 USA
Whereas, Buyer has obtained anon-exclusive license to use AE Licensed Software Applications and related user
documentation and has agreed to the terms and conditions of the End-Use License Agreement as was presented to Buyer for
acceptance upon installation of the AE Licensed Software Applications
Whereas, AE desu-es to offer Buyer certain services with respect to the AE Licensed Software Applications on the terms
and conditions set forth ha-ein,
In consideration of the agreements herein contained, the parties hereto agree as follows
ARTICLE 1.0 DEFINITIONS.
In addition to terms elsewhere defined in this Agreement, the following defined terms shall have the meaning set forth m
this Article for the purposes of this Agreement
I. AE Licensed Software Applications: The AE Licensed Software Applications described in EXHIBIT A hereto,
including any AE Software Programs ofTered to Buyer under this Agreement.
2. AE Software Programs: Any and all software works created specifically for this Agreement. These works include
Enhancements, Error Corrections, Releases, Upgrades or any software, including any new software programs or components, or
any compilations or derivative works prepared by AE
3. Agreement: This Annual Maintenance Agreement and all Attadiments and Exhibits, which are incorporated herein by
this reference.
4. Agreement Term: An initial period of one year, commencing on the day of execution of this Agreement Thereafter, the
Agreement Term shall automatically renew for successive periods of one year each unless and until terminated pursuant to
ARTICLE 8 0 hereof.
5. Buyer: City of Stillwater
6. Buyer's Equipment: The Saver Computers, Client Computes, including all memory, disks, terminals, printers,
communications, operating systems, compilers, etc on whidi the Software System will be installed, operated and maintained
7 Buyer's Facilities: The space, aivironment, and other physical attributes of the Buyer's locations, provided and to be
used with the installation, operation and maintenance of the Software System
8. Enhancement: Any modification or addition that, whm made or added to the AE Licensed Software Applications,
materially changes its utility, efficiency, functional capability, or application, but that does not constitute solely an Errs'
Correction. Enhancements may be designated by AE as tumor or mayor, depending on AE's assessment of their value and of the
function added to the preexisting AE Incensed Software Applications.
9. Error: Any failure of the AE Licansed Software Applications to conform in all material respects to the documentation
for the AE Licensed Software Applications published from time to time by AE However, any nonconformity resulting from
Buyer's misuse or improper use of the AE Licensed Software Applications or combining or merging the AE Licensed Software
Applications with any hardware or software not authorized by AE to be so combined or merged, shall not be considered an Error.
10 Error Correction: Either a software modification or addition that, what made or added to the AE Licensed Software
Confidenbal 8 Proprietary Information - 05/05/2001 Annual Maintenance Agreement Page - 1
Applications, establishes material conformity of the AE Licensed Software Applications to the documentation, or a procedure or
routine that, when observed in the regular operation of the AE Licensed Software Applications, eliminates the practical adverse
effect on Buyer of such nonconformity
11. Normal Worlun Hours: The hours between 8 00 A M and 5 00 P M Pacific Standard Time on the days Monday
g
through Friday, excluding regularly scheduled holidays of AE or hours that AE personnel will not be available which Buyer will
be notified of in advance in writing.
12. Releases: New version of the AE Licensed Software Applications, which new versions may include both Error
Conrections and Enhancements.
13 Upgrades: New Releases of the AE Licensed Software Applications containing Error Corrections, minor
Enhancem®ts, and, in certain instances if AE so elects, mayor Enhancements
14 Server Computer(s): The computer(s) that store and process the AE Licensed Software Applications and
data for the database server and/or web server.
15 Client Computer: One or more single computers that are connected to the Server Computers that allow a user to execute
the AE Licensed Software Applications which process data that is retrieved and stored on the Server Computer(s).
ARTICLE 2.0 SCOPE OF SERVICES.
1 During the Agreement Term, AE shall render the following services in support of the AE Licensed Software
Applications, during Normal Working Hours, subject to the compensation fixed for each type of service in AE's Additional
Consulting Fee Schedule set forth in EXHIBIT A.
a AE shall maintain a telephone hot line, Fax line and E-mail address that allows Buyer to report system problems
in use of the AE Licensed Software Applications
b AE shall be responsible for using all reasonable diligence m correcting verifiable and reproducible Errors whe~
reported to AE in accordance with AE's standard reporting procedures AE shall initiate work m a diligent
manna toward development of an Error Correction. Following completion of the Error Correction, AE shall
provide the Error Correction through a "temporary fix" consisting of sufficient programming and opaatmg
instructions to implement the Error Correction, and AE shall include the Error Con: action in all subsequent
Releases of the AE Licensed Software Applications AE shall not be responsible for correcting Errors m any
version of the AE Licensed Software Applications other than the most recent Release of the AE Licensed
Software Applications, provided that AE shall continue to support prior Releases superseded by recent Releases
for a reasonable period sufficient to allow Buyer to implement the newest Release, not to exceed ninety (90)
days from the date that the new release is supplied to the Buyer.
c AE may, from time to time, issue Upgrades to its customers. All Upgrades which are issued ~d become
available to customers will be provided to Buyer AE shall provide Buyer with one copy of each Upgrade,
without additional charge while this Agreement is m e$'ect. AE shall provide reasonable assistance to help
Buyer install and operate each new Upgrade which assistance shall be subject to the additional consulting fees
schedule set forth in Exhibit A hereto.
d Unless otherwise specified in Exhibit A, AE shall provide maintenance for muhtiple site licenses to a single
Support Serves Compute AE's installation, support and maintenance of the AE Licensed Software Applications
shall be performed on a single Sava Compute designated by the Customs as the Customer's Support
Compute. All sevices, warranties, maintenance and upgrades, with the exception ofthose cowed ands a AE
Services Agreement -Document B, shall be peformed on the designated Support Compute. The Buys shall
provide for the distribution and installation of the AE Licensed Software Applications and Upgrades to any
remaining sites
Customers Support Compute(s).
Confidenfial 8 Proprietary Information - 05/05/2001 Annual Maintenance Agreement Page - 2
Locations
•
AE shall consider and evaluate the development of Enhancements for the specific use of Buyer and shall respond
to Buyer's requests for additional services pertaining to the AE Lic~ised Software Applications (including,
without himtation, data conversion and report-formatting assistance), provided that such assistance, if agreed to
be provided, shall be subject to supplemental charges mutually agreed to by AE and Buyer and performed
pursuant to a separately execrated services agreement
ARTICLE 3.0 OBLIGATIONS OF BUYER
1 Buyer shall grant to AE such access to Buyer's Facilities, all parts of the AE Licensed Software Applications situated
thereon, and all Buyer's Facilities and Buyer's Equipment as may be reasonably necessary for AE to perform its obligations under
this Agreement. Access to Buyer's Facilities shall be subject to Buyer's customary sate access requirements AE shall cause all of
its employees and agents performing work on Buyer's Facilities to observe all rules and regulations therein effect.
2 Buyer shall be responsible for procuring, installing, and maintaining all Buyer's equipment, telephone Imes,
commumcations softwaze, Internet connecrions, a-mail connecrions and other hardware (other than the hardware used by AE
internally to perform rts obligations under this Agreement) necessary for AE to access the AE Licensed Softwaze Applications m
order to obtain from AE the sernces called for by this Agreem~it
Buyer shall make timely payments as defined m ARTICLE 4 0
ARTICLE 4.0 FEES AND CHARGES.
1 Buyer shall pay AE its fees and charges based as set forth m EXHIBIT A hereto AE reserves the right to change its fees
t' and charges from time to time, limited to a maximum increase of fifteen percent (15%) in any calendar yeaz.
2 Buyer shall pre-pay AE or the mutually agreed upon designated vandor for actual and reasonable transportation and
lodging expenses Buyer shall reimburse AE for other e~cperises including meals related to travel and modem related telephone
expenses incurred by AE in rendering services to Buyer under this Agreement AE shall conform to standard expense and
reunbursement policy, and shall provide backup documentation as called for by Buyer
3 AE shall invoice Buyer on the First Day and Sixteenth Day of each month for all fees and charges accrued, and all
reimbursable expenses incurred and Buyer shall pay the invoiced amount within thirty (30) days of invoice date
ARTICLE 5.0 PROPRIETARY RIGHTS.
1. To the extant that AE provides Buyer with any AE Software Programs, Buyer may reproduce, install, use, maintain and
support the AE Softwaze Programs on the Buyer's Equipment at the Buyer's Facilities m a manner consistent with the requirem®ts
of this Annual Maintenance Agreement, for purposes of swing the Buyer's internal btasiness needs Buyer may not use or copy
the AE Softwaze Programs or any copy, adaptation, transcription, or merged portion thereof, except as expressly authonzexl m this
Agreement or as authonzexl m writing by AE.
2. The AE L~ceused Software Applications and the AE Software Programs are and shall remain the sole property of AE,
regardless of whether Buyer, its employees, or contractors may have contributed to the conception of such work, Iomed in the
effort of its development, or paid AE for the use of the work producK. Buyer shall from tune to time take any further action and
execute and deliver any further instrument, including documents of assignment or acknowledgment, that AE may reasonably
request m order to establish and perfect rts exclusive ownership rights m such works Buyer shall not assert any right, title, or
interest m such works, except for the non-exclusive royalty free perpetual license granted to Buyer at the time of its delivery or on-
site development.
ARTICLE 6.0 DISCLAIMER OF WARRANTY
1. EXCEPT AS EXPRESSLY SET FORTH 1N THIS AGREEMENT, AE EXPRESSLY DISCLAIMS ANY AND ALL
Confidential & Proprietary Information - 05/05/2001 Annual Maintenance Agreement Page - 3
WARRANTIES CONCERNING THE AE LICENSED SOFTWARE APPLICATIONS AND AE SOFTWARE PROGRAMS OR
THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT
LIMITATION) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE 7.0 LIMITATION OF LIABILITY
1. In no event shall AE's cumulative liability for any claim arising in connection with this Agreement exceed the total fees
mid charges for services wider this Agreement to AE by Buyer within the last twelve (12) months
2 In no event shall AE be liable for any indirect, consequential, special, exemplary, or incidental damages of whatever kind
and however caused, even if AE knew or should have known of the possibility of such damages
3. No action, whether based on contract, strict liability, or tort, including any action based on negligence, arising out of the
performance of services under this Agreement, may be brought by either party more than two (2) years after such cause of action
accrued, except that an action for nonpayment may be brought within two years of the date of the last payment
ARTICLE 8.0 TERMINATION.
1. This Agreement may be terminated as follows
a. This Agreement shall immediately terminate upon the termination of the End-User License Agreement effective
for the AE Licensed Software Applications,
b This Agreement may be terminated by either party upon the expiration of the then current term of this
Agreement, or
c This Agreement may be terminated by either party if the other party has materially breached the provisions of
this Agreement and has not cured such breach within flinty (30) days written notice ofbreach
2. Following termination ofthis Agreement, AE shall immediately
a Determine any prepayment refunds if any are due to the Buyer The prepayment refund shall be a prorated
amount based on the time period remaining from the date of termination until the last date of maintenance
covered by the Customer's prepayment amount.
b Calculate all accrued fees and charges mid all reimbursable expenses. AE wilt net the amounts calculated above
and either issue an invoice or refund a payment to the Buyer based on the netted amount due Buyer may
continue to use any work supplied to Buyer by AE for the remaining to m of the Software System Agreement.
ARTICLE 9.0 NON-EMPLOYMENT OF AE EMPLOYEES
1. For twelve (12) months after any employee's teivunahon from AE (whether Voluntary or Involuntary), the Buyer, its
malonty owned subsidiaries, its corporate parent or shareholders having a malonty interest m Buyer and such corporate parent's or
shareholder's malorrty owned subsidiaries or companies agree not to employ a former AE employee without written consent of
AE, which employment shall also include contracting either directly or through third party sources. Damages for such employment
shall beset at Fifly Thousand Dollars ($50,000) per occurremce.
ARTICLE 10.0 GRANT OF LICENSE
1. After Grant of License for the AE Licensed Software Applications provided for under the End-User Licerise Agreement
and upon issuance to Buyer, AE shall have granted Buyer, and Buyer shall have received from AE, without further action by
Buyer or AE a perpetual, personal, non-exclusive, and non-assignable license to reproduce, install, use, maintain and support the
AE Licensed Software Applications on Buyer's Egwpment at the Buyer's Facilities
ARTICLE 11.0 TERMINATION.
1. This Agreement may be terminated by either party upon the expiration of the then-current term of this Agreement,
provided that at least thirty (30) days prior written notice is given to the other party Notwithstanding the above, AE may
terminate at any time due to nonpayment by Buyer and the Buyer shall be obligated to compensate AE at the rate established
Confidenfial 8 Proprietary Information - 05/05/2001 Annual Maintenance Agreement Page - 4
herein for sernces performed prior to the date of such termination In the event of termination for convenience by Buyer under
this Article, the Buyer shall be obligated to compensate AE at the rate established herein for sernces performed prior to the date of
such termination
• ARTICLE 12.0 MISCELLANEOUS
1 Each party aclmowledges that it has read this Agreement, understands it, and agrees to be bound by rts terms The parties
further agree that this is the complete and exclusive statement of the agreement of the parpes anth respect to the subject mattes
hereof and that it supersedes and merges all prior proposals, understanding, and agreement, whether oral or written, between the
parties with respect to the subject matter hereof This Agreement may not be modified except by a wnttai instrument duly
executed by the parties hereto
2 hz the event that any provision of this Agreement is held invalid, illegal, or unaiforceable, the remaining provisions shall
be enforced to the maximum extent permmed by applicable law
3. Neither party may assign its rights or duties under this Agreement without the prior written consent of the other petty,
except to a successor of all or substantially all of its business and properties
4 The waiver by either party of any term or condition of this Agreement shall not be deemed to constitute a continuing
waiver thereof nor of any fiuther or additional right that such party may hold under this Agreement
ARTICLE 13.0 GOVERNING LAW.
1 This Agreement is made under, and in all respects shall be interpreted, construed, and governed by and in accordance
with, the laws of the State of California The venue for any legal actions arising on behalf of AE shall be Placer County within the
State of California Except to the extent that the provisions of this Agreement are clearly inconsistent therewith, this Agreement
shall be governed by any applicable provisions of the Uniform Commercial Code
ARTICLE 14.0 ATTORNEYS FEES
If legal action is required to enforce any rights hereunder, the substantially prevailing party shall be entitled to reunbursement of
all reasonably incurred legal fees and court costs from the non-prevailing party
Buyer Initials AE Initials
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives
as set forth below.
BUYER City of Stillwater AUTOMATED ENVIRONMENTS
By.
Name:
Title:
Date•
Authorized Corporate Officer
By
Authorized Corporate Officer
Name• Steven Alves
Title: President
Date:
•
Confidenbal 8: Proprietary Information - 05105/2001 Annual Maintenance Agreement Page - 5
EXHIBIT A
ANNUAL MAINTENANCE FEES •
• AllranceHR, Alliance Benefits, AllranceRecrurt, Alliance Data Exchange
(Springbrook Payroll Interface), and up to 4 Concurrent Users)
Annual Maintenance
20®/0 of List Price (Annual Cost) $ 2,999
PAYMENT TERMS
Balance in full is due at tune of purchase of AE Licensed Software Applications
Additional Consultive Fees Schedule
New ReleaseInstallation /Setup /Training $150 00/Hour
Additional Consulting Services $150 00/Hour
•
•
Confidential t£ Propnetary Information - 05/05/2001 Annual Maintenance Agreement Page - 6
END-USER LICENSE AGREEMENT
FOR
AUTOMATED ENVIRONMENTS' LICENSED SOFTWARE APPLICATIONS
This End-User License Agreement is entered into, effective as of by and between City of Stillwater
(hereinafter referred to as Buyer), whose address is 216 North Fourth Street, Stillwater, MN 55082, USA and Automated
Environments (hereinafter referred to as AE), whose address is 5316 Swindon Road, Rocklin, California, 95765, USA
IMPORTANT -READ CAREFULLY:
This End-User License Agreement ("Agreement") is a legal contract between you (a single business entity) and Automated
Environments for the vendor software product identified above, which includes computer software and, as applicable,
associated media, printed materials, and "online" or electronic documentation (the "Software Application").
BY CLICKING THE [ENTER] OR [ACCEPTED] ICON BELOW, OR BY INSTALLING, COPYING, OR
OTHERWISE USING THE SOFTWARE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL
OR USE THE SOFTWARE APPLICATION.
LICENSE TERMS:
Automated Environments grants you anon-exclusive license to use one (1) copy of the enclosed Automated Environments
Software Application as identified in Exhibit A A license may be obtained to use the Software Application on a single
computer, without networking, or you may obtain a network version If you acgwre the single computer license, you may
only use the Software Application at a single location. If you acquire the network version, you may only use it for the number
of concwrent users for which you have paid the license fee and on a single file server for use on a single network The
Software Application is in `5ise" on a computer when it is loaded into temporary memory (i e , RAlvn
OTHER LIMITATIONS:
You may not rent, lease, outsource or timeshare the Software Application to nor may you transfer the Software Application
and accompanying written materials You may not reverse engineer, decompile or disassemble the Software Application.
You may not transfer any of your rights under this Agreement
Automated Environments or it's authorized agents may provide you with support services related to the Software Application
("Support Services"). Use of Support Services is governed by Automated Environments' policies and programs described in
the user documentation, in "online" documentation, and/or in other Automated Environments-provided materials. Any
supplemental software code provided to you as part of the Support Services shall be considered part of the Software
Application and subject to the terms and conditions of this Agreement. With respect to technical information you provide to
Automated Environments as part of the registration of your license to the Software Application or in connection with the
Support Services, Automated Environments may use such mfonnation for its business purposes, including for product support
and development
Without preJudice to any other rights, Automated Environments may terminate this Agreement if you fail to comply with the
terms and conditions of this Agreement. In such event, you must destroy all copies of the Software Application and all of its
component parts.
PROPRIETARY RIGHTS:
All title and copyrights in and to the Software Application (including, without limitation, any images, photographs,
animations, video, audio, music, text, and "applets" incorporated into the Software Application), the accompanying media
and printed materials, and any copies of the Software Application are owned by Automated Environm~ts or its suppliers and
is protected by copyright laws and international treaty provisions Therefore, you may not copy the Software Application or
the documentation, except that you may either (a) make one (1) copy ofthe Software Application solely for backup or archival
purposes, or (b) transfer the Software Application to a single hard disk and keep the original solely for backup or archival
purposes You may make one (1) copy of the written materials accompanying the Software Application solely for backup or
archival purposes.
Confidenbal & Proprietary Informabon - 05/05/2001 End User License Agreement Page -1
The Softwaze Application and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or discloswe by
the Government is sub3ect to restrictions set forth in subpazagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252 227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Soflwaze-Restricted
Rights at 48 CFR 52 227-19, as applicable Manufacturer for such purpose is Automated Environments, 5316 Swindon Road,
Rocklin, California, 95765, USA
Should you decide to transmit to Automated Environments' website by any means or by any media any materials other
information (including, without limitation, ideas, concepts or techniques for new or improved services or products), whether
as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions aze unrestricted and
shall be deemed non-confidential and you automatically grant Automated Environments and its assigns anon-exclusive,
royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transvuit, distribute, create
derivative works of, display and perform the same.
LIMITED WARRANTY:
Automated Environments warrants, for a period of ninety (90) days from the date of receipt, that the Software Application
will perform substantially m accordance with the accompanying documentation and that the physical inertia (CD) and
documentation accompanying the Softwaze Application aze free of defects in materials and workmanship. If Automated
Environments receives notification within the warranty period of defects in materials or workmanship, and such notification
is determined by Automated Environm~its to be correct, Automated Environments will replace the defective media (CD) or
documentation
Automated Environments and its suppliers' entire liability and your exclusive remedy shall be, at Automated Environments'
option, athex (a) return the price paid for the Software Application, or (b) repair or replacement of Softwaze Application that
does not meet Automated Environments' Liimted Warranty and which is returned to Automated Environments anth a copy of
your receipt This Limited Warranty is void if failwe of Softwaze Application has resulted from accident, abuse, or
inisapplication Any replacement of Software Application will be warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer These remedies are not available outside of the United States of America
DISCLAIMER OF WARRANTY:
THIS SOFTWARE APPLICATION AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS". AUTOMATED
ENVIRONMENTS AND IT'S SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS
YOU MAY OBTAIN BY USING THE SOFTWARE APPLICATION OR SUCH FILES AUTOMATED ENVIRONMENTS
AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF
THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE In particulaz, these
is no warranty for optional virus scanning featwes -the Softwaze Application does not scan for viruses You can run
external programs that claim to perform this function.
Good data processing procedwe dictates that any program be thoroughly tested with non-critical data before relying on it.
The user must assume the entire risk of using the Software Application. ANY LIABILITY OF AUTOMATED
ENVIRONMENTS FOR A DEFECTIVE COPY OF THE SOFTWARE APPLICATION WILL BE LIMITED
EXCLUSIVELY TO REPLACEMENT OF YOUR COPY OF THE SOFTWARE APPLICATION WITH ANOTHER COPY
OR REFUND OF THE INITIAL LICENSE FEE AUTOMATED ENVIRONMENTS RECEIVED FROM YOU FOR THE
DEFECTIVE COPY OF THE PRODUCT IN NO EVENT WILL AUTOMATED ENVIRONMENTS OR ITS' SUPPLIERS
BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY
LOST PROFITS OR LOST SAVINGS, EVEN IF AN AUTOMATED ENVIRONMENTS REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some states or ~unsdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the
exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply
to you.
INDEMl~TIFICATION:
Automated Environments represents that it has secured all necessary licenses, consents or approvals to use the components of
the Softwaze and to sell the Software under its name. Automated Environments covenants to defend, indemnify and hold
Confidential & Proprietary Ir>formatwn - 05/0512001 End User License Agreement Page - 2
Buyer harmless of any loss, claim or liability in any way related to a claim that Buyer is violating federal, state or local laws,
or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting interests in
products or inventions Automated Environments shall bear all costs arising from the use of patented, copyrighted, trade
secret or trademarked matenaIs, equipment, devices or processes used on or incorporated in the Software In case such
materials, equipment, devices or processes aze held to constitute an infringement and thar use is enjoined, Automated
Environments, at its expense shall (a) secure for Buyer the right to continue using the Softwaze by suspension of any
injunction or by procuring a lic~ise or licenses for Buyer, or (b) modify the Software so that rt becomes non-infivigmg, or (c)
remove the Software and refund all sums paid therefore without preJudice to any other rights of Licensee These covenants
shall survive the termination of this Agreement and is not subject to the limitations of warranty or liability set forth herein.
CONFIDENTIALITY:
Buyer agrees that neither Buyer, its agents nor its employees shall use, make available, make known, divulge or communicate
any infonnation with respect to the Software Application which might enable copying all or any portion of the Softwaze
Application or the development of a similar computer program or system Buyer agrees to take all appropriate action to
protect the confidential and proprietary information included in the Softwaze Application, including appropriate instructions
to its employees. Title to and all proprietary rights in the Software Application, including all modifications, and
documentation shall remain exclusively with Automated Envu-onments
Y2K WARRANTY
Automated Environments her~iy represents and warrants that the softwaze is and will remain yeaz 2000 compliant For
purposes of this warranty, year 2000 compliant means that the Software is designed to be used prior to, during, and after the
calendar year 2000 a d , and that the products- (1) will not provide invalid or incorrect results or abnormally end or fail to
function as a result of any date data; (2) will correctly differentiate between yeazs, in different centuries, that end in the same
two digits, and will accurately process date/time data (including, but not limited to, calculating, comparing, sorting, and
sequencing) from, into, and between the 20th, 21st and 22nd centuries, including leap year calculations, and (3) will provide
that all date-related user and data interface functions, including input and output functions, and data fields include an
indication of the century The foregoing representations and warranties aze subject to the limitation that any computer system
(whether hazdwaze, softwaze, or finnwaze) which must be used by Buyer in combination with the products is capable of
accurately providing exchanging yeaz 2000 compliant data with the softwaze. The remedies available to Buyer under this
warranty shall include repair or replacement, at Automated Environments' sole expense, of any software whose non-
compliance with this warranty is discovered and made known by Buyer to Automated Environments in writing within ninety
(90) days after discovery ofnon-compliance This warranty shall surnve the expiration or termination of this contract and is
not subject to the limitations of warranty or lialnlity set forth herein. Nothing in this warranty shall be construed to limit any
rights or remedies Buyer may otherwise have under this contract with respect to defects other than yeaz 2000 non-compliance
GENERAL PROVISIONS:
This Agreement shall be governed by the laws of the State of California. Any action hereunder shall be brought only in the
County of Placer in the State of California. If any provision is found invalid or unenforceable, it will not affect the validity of
the balance of this Agreement. If any remedy is determined to have failed of its essential purpose, all limitations and
exclusion of damages set forth shall remain in full force and effect This Agreement is the wmplete and exclusive agreement
between parties and supersedes all other communications relating to the Software Application. This Agreement may only be
modified in writing signed by Buyer and a specifically authorized representative of Automated Environments All rights not
specifically granted in this Agreement aze reserved by Automated Environments, Inc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the day and year
first above written
BUYER Citv of Stillwater
By
Name:
Title:
• Date
AUTOMATED ENVIRONMENTS
By
Name: Steven Alves
Title Presid~t
Date
Confidential & Proprietary information - 05/05/2001 End User License Agreement Page - 3
Ezhibit A
Licensed Software
AlliancelfiRMS Software
150 Active Employee License -Network Version - 4 Concurrent Users
AllianceHR, Alliance Benefits, AllianceRecrurt and Alliance Data Exchange Modules $14,995
PAYMENT TERMS
Payment m full ($14,995) is due at time of agreement signing
•
•
Conf'idenbal 8 Pmpnetary Information - 05/05/2001 End User License Agreement Page - 4
SPRINGBROOK SOFTWARE
SOFTWARE MAINTENANCE AGREEMENT
PARTIES:
SPRINGBROOR:
Springbrook Software, Inc., an Oregon corporation
720 S.W. Washington Street, Suite 330
Portland, OR 97205
Ph. (503) 973-7750
Fax (503) 973-7760
Email: infoQspringbrooksoftware.com
CIISTOMER:
EFFECTIVE DATE:
Springbrook has licensed its proprietary software products and programs
("Software") to the Customer, and Customer wishes to have Springbrook
maintain and support the use of the Software. Springbrook and Customer
therefore agree as follows:
Definitions.
a. "Software " has that meaning assigned to it pursuant to the
Software License Agreement executed by the parties in conjunction
with this Agreement (the "License Agreement ").
b. "Enhancement" means any modification or addition that, when
made or added to the Software, materially changes its utility,
efficiency, functional capability, or application, but that does
not constitute solely an Error Correction. Springbrook may
designate Enhancements as minor or major, depending on its
assessment of their value and of the function added to the
Software.
c. "Error" means any failure of the Software to conform in any
material respect to its published specifications.
d. "Error Correction" means either a modification or addition
that, when made or added to the Software, brings the Software into
material conformity with its published specifications, or a
procedure or routine that, when observed in the regular operation
of the Software, avoids the practical adverse effect of such
nonconformity.
e. "Major Enhancement " means either the total rewrite of an
application and/or additional functionality benefiting only cert~
entities, not all customers as a whole, and requiring these
enhancements to be packaged as a separate Module.
f. "Releases " means new versions of the Software, which may
include Error Corrections and/or Enhancements.
g. "Temporary Fix" means an initial correction or " fix " to a
problem in the software prior to the release of an error
correction.
2. Term; Automatic Renewal; Termination. The initial term of this
Agreement shall be from the Effective Date to the end of Customer's
fiscal year, subject to renewal thereafter. During this Agreement's
first term, Customer shall pay for maintenance for each module licensed
pro rata as determined by the number of months from installation to the
end of Customer's fiscal year. Springbrook shall bill and Customer
shall pay for maintenance provided under this Agreement on an annual
basis, payment due as of the start of each maintenance term. This
Agreement shall automatically renew after the initial term for
subsequent terms of one (1) year each unless and until either party
gives the other no less than thirty (30) days' written notice of
termination in advance of the termination of the then-current term.
This Agreement shall terminate upon Customer's failure to pay any fees
due hereunder when due, or to pay any fees owing to Springbrook
pursuant to any License Agreement or Service Agreement between the
parties, or pursuant to any other term of this Agreement, after 30
days' prior written notice to Customer from Springbrook. Should
Customer cancel this Agreement and wish to renew at a later date, back
maintenance must be paid in full or applications re-purchased.
3. Scope of Maintenance. During the term of this Agreement, Springbrook
agrees to provide Basic Maintenance services in support of the
Software. Basic maintenance services shall consist of:
a. Error Correction. Springbrook will use all reasonable diligence
to correct verifiable and reproducible Errors within a reasonable
time period after reported to Springbrook. The Error Correction,
when completed, may be provided in the form of a "temporary fix,"
consisting of sufficient programming and operating instructions to
implement the Error Correction.
b. Telephone/Modem Support. Springbrook shall maintain a telephone
and modem support line, or DSL Internet connection, or T1
connection to the Internet during normal business hours (5AM to 5
PM PacificTime) that permits Customer to report Errors in the
Software and to receive assistance in cases of operator error.
Customer agrees to provide and maintain a modem, or DSL Internet
connection, or T1 Internet connection, PC Anywhere, and dedicated
modem line on Customer's NT server and allow Springbrook to
maintain and support Springbrook's application software via one o:
the above stated options with full administrative permissions to
the drive where the application resides. Springbrook reserves the
right to bill hourly (following Customers approval) for maintenance
in cases of repeated operator error, where a single operator error
results in extensive Springbrook time to resolve the problem.
c. Changes in State and Federal Regulations. Springbrook will
provide updates needed to conform to state and federal regulations,
including changes to tax tables and routine forms before changes
become effective. Maintenance services under this Agreement do not
include updates to conform to any changes in local governmental
regulations, including without limitation changes in utility
billing rates, reports or methods.
d. Routine Releases. Springbrook may, from time to time, issue
routine Releases of the Software, containing Error Corrections and
minor Enhancements to customers who have maintenance agreements in
effect. Installation of routine releases is provided at no charge
to customer if completed over the modem. Installation of routine
releases and updates by Springbrook at Customer's site will be
billed to Customer at the then current hourly rate except in cases
where Springbrook is solely responsible for the inability to
provide modem support.
e. Discounts on Major Enhancement Releases. Springbrook may, from time
to time, offer mayor Enhancements to Customer, generally for an
additional charge. To the extent Springbrook offers such
Enhancements, it shall permit Customer to obtain one copy of each
mayor Enhancement for each copy of the Software being maintained
under this Agreement at the discount then specified by Springbrook.
4. Exceptions. The following matters are not covered by Basic
Maintenance, and are outside the scope of services provided pursuant to
this Agreement:
a. On-site support by employees or agents of Springbrook;
b. Training users in the proper operation of the Software;
c. Any problem resulting from Customer's misuse, improper use,
alteration, or damage of the Software, unless approved by
Springbrook in writing;
d. Support of operating systems; support of non-Springbrook software,
including but not limited to spreadsheets, word processors, and
general office software;
e. Installation, implementation, data conversion and Implementation
Management Services.
5. Cooperation of Customer. Customer agrees to notify Springbrook
promptly following the discovery of any Error. Further, upon discovery
of an Error, Customer agrees, if requested by Springbrook, to submit t
Springbrook a listing of output and any other data that Springbrook
require In order to reproduce the Error and the operating conditions
under which the Error occurred or was discovered. Springbrook shall
treat any such data as confidential.
6. Fees and Expenses. The initial Maintenance Fee will be as invoiced to
Customer as per conditions under Section 2. Maintenance Fees are due
and payable at the beginning of the initial and each renewal term
hereunder. Maintenance fees will apply to all licensed products and to
any modifications made to those products if those modifications require
support and/or additional programming services during upgrades to new
releases. Maintenance fees are based on a percentage of the then
current retail value of the licensed products. Maintenance Fees do not
include travel (including travel time) and living expenses for
installation and training; on-site support, installation or training;
file and data conversion costs; consulting services; shipping charges;
Implementation Management Services or the costs of any recommended
hardware. Customer agrees to pay such fees and costs, when and as the
services are rendered and the expenses incurred, as approved by
Customer and invoiced by Springbrook. Springbrook shall provide
supporting documentation for all expenses upon customer request.
Springbrook reserves the right to require prepayment or advance deposit
for such additional charges or expenses in some instances. Customer is
also responsible for sales or use taxes and state or local property or
excise taxes associated with licensing, possession, or use of the
Software or any associated services. The Maintenance percentage and/
resulting fee may change for renewals, provided that Springbrook give
Customer written notice of the change no less than thirty (30) days
prior to the automatic renewal date set forth in Section 2. All fees
paid hereunder are nonrefundable and will be forfeited in the event of
termination or cancellation except as specifically provided in Sections
10 and 11.
7. Work Orders. Customer may from time to time request from Springbrook
services, such as software modifications or additional training.
Springbrook shall make a reasonable and good faith effort to comply
with such requests but shall retain the sole right to decide whether
such services are executed. The Customer shall receive from
Springbrook an estimate of the cost of requested services. Springbrook
shall receive for all approved Customer requests a signed work order
from the Customer and a deposit equal to fifty percent of the estimated
cost of the service.
8. Billing. All invoices from Springbrook to the Customer for any
product or service are due upon receipt. Invoices are past due 30 days
after the date of invoice. Springbrook may, at its option, charge all
invoices 30 days and older an interest at a rate of one and one-half
percent (1 ~°s) per month (eighteen percent (18~) per annum) or, if
less, the highest rate allowed by applicable law from the date such fee
or charge first became past due. Invoices are delinquent 60 days after
the date of invoice. A delinquent invoice may cause Springbrook, at it~
option, to put the Customers account on hold. Accounts on hold may
receive no product, service, or support from Springbrook until all past
due and delinquent invoices are paid in full.
9. Use and Restrictions. The Customer's rights and obligations
concerning the use of any Error Corrections, Enhancements, or Releases
(or any other programming provided by Springbrook, regardless of its
form or purpose} shall be as provided in the License Agreement.
Springbrook shall have sole and exclusive ownership of all right, title
and interest in and to such works (including ownership of all
copyrights and other intellectual property rights pertaining thereto),
subject only to the license expressly granted to customer therein.
10. Limited Remedy and Liability; Exclusion of Consequential Damages. The
cumulative liability of Springbrook to Customer for all claims relating
to any services rendered hereunder, in contract, tort, or otherwise,
shall not exceed the total amount of the Maintenance Fee paid to
Springbrook pursuant to this Agreement. In no event shall Springbrook
be liable to Customer for any consequential, indirect, special, or
incidental damages (including, without limitation, damages for loss of
business profits, business interruption, loss of business information,
or other pecuniary loss), even if Springbrook has been advised of the
possibility of such potential loss or damage. The foregoing limitation
of liability and exclusion of certain damages shall apply regardless of
the success or effectiveness of other remedies, and shall apply to all
claims under the warranty described in Section 11. Springbrook's
liability for breach of warranty exists only during the warranty period,
set forth in Section 11.
11. Limited Warranty and Exclusions. SPRINGBROOK WARRANTS THAT IT WILL
RENDER ITS SERVICES HEREUNDER IN A GOOD AND WORKMANLIKE MANNER. DURING
THE TERM OF THIS AGREEMENT AND FOR A PERIOD OF SIX (6) MONTHS
THEREAFTER SPRINGBROOK, AT SPRINGBROOK'S SOLE COST, SHALL CORRECT ANY
FAILURE TO RENDER ITS SERVICES HEREUNDER IN A GOOD AND WORKMANLIKE
MANNER. ANY CLAIM BASED ON THE FOREGOING WARRANTY MUST BE SUBMITTED IN
WRITING TO SPRINGBROOK. CUSTOMER AGREES THAT THE FOREGOING LIMITED
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OF SPRINGBROOK AND
SPRINGBROOK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS OR ADEQUACY FOR ANY PARTICULAR PURPOSE OR USE, QUALITY OR
PRODUCTIVENESS, OR CAPACITY, OR THAT THE SERVICES RENDERED HEREUNDER
WILL BE ERROR-FREE. NO ACTION AGAINST SPRINGBROOK FOR BREACH OF THIS
LIMITED WARRANTY MAY BE COMMENCED MORE THAN 60 DAYS AFTER EXPIRATION OF
THE WARRANTY PERIOD STATED IN THIS SECTION 11.
12. C3overning Law; Venue. This Agreement shall be governed by and
construed and enforced in accordance with the laws of the State of
Oregon as it applies to a contract made and performed in such state,
regardless of the place of execution or performance. Any action
brought by either party hereunder may only be brought in the Federal
District Court in Oregon, or any state court in Oregon.
13.8ntire Agreement; Modification. This Agreement is the complete and
exclusive statement of the maintenance agreement between Springbrook
and Customer and supercedes all prior and contemporaneous negotiations
discussions, proposals and understandings, oral, written or implied,
including those involving any agent of either party, relating to the
subject matter herein. No representations or statements made by either
party or either party's agents not expressly stated herein are binding
on either party. The terms of this Agreement may only be modified,
expanded or added to by a written agreement executed by the parties.
No oral communication between the parties or their agents before or
after execution of this Agreement shall be binding upon either party
unless the parties expressly agree in writing to the terms of such
communication.
IN WITNESS WHEREOF, each of the parges hereto has caused this Agreement to be executed m duplicate by its duly authorized officer
or representative.
SPRINGBROOK
CUSTOMER
By By
Title: Title:
Date: , 20 Date: 20
•
SPRINGBROOK
SOFTWARE LICENSE AGREEMENT
PARTIES:
LICENSOR
Springbrook Software, Inc., an Oregon corporation
720 S.W. Washington Street, Suite 330
Portland, OR 97205
Ph. (503) 973-7750
Fax (503) 973-7760
Email: infoQspringbrooksoftware.com
LICENSEE:
EFFECTIVE DATE:
AGREEMENT:
SOFTWARE
1. Grant of License. This Software License Agreement grants Licensee a
nonexclusive license to copy and distribute internally the current
version of the Software available at the time of purchase and related
end-user materials in support of Licensee's use of the Software, as
set forth below. As used in this Agreement the "Software " refers to
the version of the Springbrook Software, Inc. software packages and/or
applications available as of the time of purchase, in any form, and
includes: 1) any future modifications, enhancements or additions to
the Software; 2) any modification, enhancement or addition to the
Software developed specially for Licensee's use; 3) user manuals,
copies, modifications, enhancements, revisions, or updates thereof;
and 4) diskettes, tapes and other magnetic media on which the Software
is recorded or copied and accompanying user documentation and other
related end-user materials (the ~ User Materials ). Licensee's
license and right pursuant to this Agreement is limited to those
specific Applications of the Software for which Licensee has paid
License Fees as indicated on Attachment A. Licensor grants Licensee a
nonexclusive license to use the Software in machine-readable, object
code form only, to:
a. Install the Software on computers that Licensee owns or leases;
b. Use and execute the Software for purposes of serving Licensee's
internal needs;
c. In support of Licensee's authorized use of the Software, physically
transfer the Software from one of Licensee's computers to another;
store the Software's machine-readable instructions or data on a
temporary basis in main memory, extended memory, or expanded memory
of such computers as necessary for such use; and transmit such
instructions or data through Licensee's computers and associated
devices.
Licensee agrees that Licensee and Licensee's employees will not assign
sublicense, transfer, pledge, lease, rent, or share Licensee's rights
under this License Agreement with any third party. Licensee agrees tha~
Licensee and Licensee's employees may not reverse assemble, reverse
compile, cross compile or otherwise adopt, translate or modify the
Software.
Licensor agrees to house the latest release of the Software with Source
Code with the president or designate of the National User Group for
safekeeping. As of the Effective Date the latest release is housed
with Judith Cole at the City of Turner, Oregon.
2. Proprietary Protection; Non-disclosure. Licensor shall have sole and
exclusive ownership of all right, title and interest in and to the
Software and User Materials, all cop2es thereof, and all related
material generated from the Software including material displayed on
the screen such as icons, screen displays, etc. (including ownership of
all copyrights and other intellectual property rights pertaining
thereto), subject only to the right and license expressly granted
herein. This Agreement does not provide Licensee with title or
ownership of the Software, but only a right of limited use. Licensee
may only copy the written materials accompanying the Software for use
by Licensee.
Licensee acknowledges that the Software and underlying ideas,
algorithms, concepts, procedures, processes, principles, know-how, and
methods of operation are confidential and contain trade secrets
(collectively referred to as "Confidential Information"). Licensee
agrees not to use, disclose or cause disclosure of, or distribute any
Confidential Information, directly or indirectly, without the prior
written consent of Licensor, except that Licensee is authorized to
disclose Confidential Information to Licensee's employees or agents
only as required for Licensee's use of the Software pursuant to this
Agreement. Licensee agrees to indemnify Licensor for damages or costs,
including attorney fees, incurred by Licensor as a result of the
unauthorized use, disclosure or distribution of any Confidential
Information by Licensee or any of Licensee's employees or agents.
Licensee further acknowledges that this obligation shall survive the
termination of this License.
3. Licease Fees. The License Fees paid by Licensee are paid in
consideration of the License granted under this Agreement. The License
Fees shall be in the amount(s) invoiced, and in accordance with the
payment schedule listed in Attachment A. Services covered by the
License Fees do not include Installation, Set-Up, Training, Travel
Expenses, Customization, Maintenance, Support or Data Conversion from
Licensee's existing system. License Fees are due upon contract signing
or as agreed in a separate installment note. If the license fees are
paid through an installment note, any default under the terms of said
note will constitute default by Licensee under this Agreement,
entitling Licensor to terminate this Agreement. All fees paid
hereunder are nonrefundable and will be forfeited in the event of
cancellation or termination except as specifically provided in Section
r
9 and 10 of this Agreement.
4. Installation, Data Conversion and Training Charges. Any installation,
data conversion or training services provided by Licensor shall be
charged on an hourly basis at Licensor's standard rates (see Attachment
A for rates) and are in addition to the License Fees. Training
services include both on-site, off-site and telephone training.
License Fees do not include travel (including travel time) and living
expenses for installation and training; on-site support, installation
or training; file and data conversion costs; consulting services;
shipping charges; or the costs of any recommended hardware. Licensee
agrees to pay such fees and costs, when and as the services are
rendered and the expenses incurred. Licensor shall provide supporting
documentation for all such services and expenses upon Licensee's
request.
5. Licensee's Cooperation. Licensee acknowledges that successful
installation, implementation and use of the Software cannot be
accomplished by Licensor's efforts alone, and requires substantial
effort and cooperation by Licensee. Both Licensor and Licensee shall
at all times use their best efforts to actively participate and
cooperate in data conversion, system installation, implementation,
training and use, and shall at all times afford each other reasonable
access to information and facilities.
6. Term; Default; Opuortunity to Cure. This Agreement is effective as of
the Effective Date and shall continue until terminated. If Licensee
discloses or transfers possession of any copy or merged portion of the
Software to another party, or to a computer other than those owned or
leased by Licensee, the License shall automatically terminate. The
License will also terminate upon default by either party under any term
or condition of this Agreement. A party shall be considered in default
only if the party, 30 days after written notice from the other party
identifying a specific failure to comply with any term or condition
contained herein (including without limitation Licensee's failure to
pay any fees or charges due under this Agreement or any related
Software Maintenance Agreement or Service Agreement, or Licensor's
breach of the limited warranty provided in Section 9), has not cured
such failure or breach. Upon termination of the License, Licensee
shall return to Licensor the Software together with all copies and
merged portions in any form and User Materials and related
documentation.
7. Modifications. Licensee agrees to pay an hourly rate (see Attachment A
for rates) based on Licensor's regular schedule of fees or on a bid
basis for any modifications to the Software made by Licensor at the
Licensee's written request. No modifications will be made to the
Software until the base system is installed and all License Fees have
been paid. Payment for 50% of the amount bid will be due and payable
prior to beginning the modification(s).
8. Support and Maintenance. Support and maintenance of the Software is
1 not included in this Agreement but is purchased through a separate
Software Maintenance Agreement.
9. Limited Warranty and Exclusions. LICENSOR WARRANTS THAT IT HAS TITLE
TO THE SOFTWARE AND THAT IT HAS AUTHORITY TO GRANT THIS LICENSE TO
LICENSEE. LICENSOR ALSO WARRANTS THAT, FOR A PERIOD OF ONE HUNDRED AND
EIGHTY (180) DAYS FROM THE DATE OF LICENSER'S INITIAL INSTALLATION OF
THE SOFTWARE AT THE LICENSEE'S SITE, THE SOFTWARE WILL FUNCTION IN
CONFORMITY WITH THE DESCRIPTION, SPECIFICATIONS AND DOCUMENTATION
PROVIDED. LICENSOR MAKES NO WARRANTY REGARDING THE USABILITY OR
CONVERTABILITY OF ANY OF LICENSEE'S PRE-EXISTING DATA. ANY DEFECTS
FOUND IN THE SOFTWARE WILL BE REPAIRED IN A REASONABLE TIME PERIOD AND
UNDER THE TERMS AND CONDITIONS OF THIS WARRANTY. LICENSEE AGREES THAT
THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OF
LICENSOR AND LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS OR ADEQUACY FOR ANY PARTICULAR PURPOSE OR USE,
QUALITY OR PRODUCTIVENESS, OR CAPACITY, OR THAT THE OPERATION OF THE
SOFTWARE WILL BE ERROR-FREE. NO ACTION AGAINST LICENSOR FOR BREACH OF
THIS LIMITED WARRANTY MAY BE COMMENCED MORE THAN 60 DAYS AFTER
EXPIRATION OF THE WARRANTY PERIOD STATED IN THIS SECTION 9.
10.Limitation of Remedies and Liability; Exclusion of Consequential
Damages. The cumulative liability of Licensor to Licensee for all
claims relating to the Software and any services rendered hereunder, in
contract, tort, or otherwise, shall not exceed the total amount of the
License Fees paid to Licensor for the relevant Application(s) of the
Software. Licensor's liability for breach of warranty exists only
during the warranty period set forth in Section 9. In no event shall
Licensor be liable for any consequential, indirect, special or
incidental damages (including, without limitation, damages for loss of
business profits, business interruption, loss of business information,
or other pecuniary loss), whether arising out of contract, tort,
warranty or otherwise, even if Licensor has been advised of the
possibility of such potential loss or damage. The foregoing limitation
of liability and exclusion of certain damages shall apply regardless of
the success or effectiveness of other remedies, and applies to claims
pursuant to the limited warranty created under this Agreement.
11.Governin Law; Venue. This Agreement shall be governed by and
construed and enforced in accordance with the laws of the State of
Oregon as it applies to a contract made and performed in such state,
regardless of the place of execution or performance. Any action
brought by either party hereunder may only be brought in the Federal
District Court in the State of Oregon, or any state court in the State
of Oregon.
12.Entire Agreement; Licensor and Licensee Representations. This
Agreement is the complete and exclusive statement of the agreement
between Licensor and Licensee and supercedes all prior and
contemporaneous negotiations, discussions, proposals and
understandings, oral, written or implied, including those involving any
agent of either party, relating to the subject matter herein. No
representations or statements made by either party or either party's
agents not expressly stated herein are binding on either party.
Licensee represents and warrants that it has conducted its own due
diligence investigation of all facts material to this transaction, that
it possesses all information and expertise and capacity necessary to
conduct such investigation, and that it possesses sufficient technical
and accounting expertise and capacity (including sufficient mastery of
the principles of fund accounting) to use the Software for its intended
purpose.
13.Modification. The terms of this Agreement may only be modified,
expanded or added to by a written agreement executed by the parties.
No oral communication between the parties or their agents before or
after execution of this Agreement shall be binding upon either party
unless the parties expressly agree in writing to the terms of such
communication.
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed m duplicate by its duly authorized officer
or representative
LICENSOR
LICENSEE
BY By
Title: Title
Date , 20 Date , 20
ATTACHMENTA •
Attachment A conta SCHEDULE. OF FEES
ins the most recent price quote issued to Customer
showing the applications and services being licensed and/or purchased, the
current cost for other services, and a schedule of payment terms. By
signing the Attachment A, Licensee is agreeing to the schedule of fees for
the duration of the implementation.
•
OTHER SERVICES:
After hours support $ 125/hr
(Maintenance contract covers support from Gam-5pm Pacific Time,
Monday through Friday)
Data Conversion $ 125/hr
(Transferring data from Licensee current system) (or as bid)
On Site Installation $125/hr
Network & Operating System Consulting $125/hr
(Answering questions and assisting users and/or their consultants with
all aspects of hardware, networks, and operating systems - includes
installation, set-up, and trouble shooting)
Training
(The training necessary for the
project total above - additional
~e billed at $125/hr) - also see
Travel Time (billed one way}
(For on site services)
Travel Expenses
Airfare, hotel, meals, car
Publication 1542) for your
available; gas; parking
Telephone training
$125/hr
Actual
rental not to exceed IRS standards (per
area of the country, unless no other options are
(Working with a trainer or customer support
other than support related issues (as defined
where the call exceeds 10 minutes in length is
than support and may be billed as such)
Weekend/After Hours Training
$125/hr
average user has been included with the
one-on-one training, if requested, shall
classroom training below
$125/hr
representative on questions
in Maintenance Agreement)
considered training rather
on-site rate $175/hr
Telephone rate
Support Not Under Maintenance
(min. charge per call 30 min)
$ 175/h r
•
$ 250/h r
These are currentrates forservices
and are subject to change within
twe/ve months ofexecuted date of
this contract,
Schedule of Payment Terms:
Springbrook License Fees:
100% due at contract signing
Database Fees: 1000 due at contract signing
Training: 50°s due at contract signing
50% upon completion
Implementation Management:
50~ due at contract signing;
50°s due at project completion (customer is live)
ls` yr Maintenance F ees:
100 pro-rated from one month after contract signing to
end of licensee's first fiscal year n- due at contract
signing
Custom Programming: 50% due at contract signing
(if applicable) 50~ due upon completion
Data Conversion(s): 50~ due at contract signing
(one to three) 50~ due upon completion
**NTote• a 40~ increase in maintenance fees will occur if final training certificate is not
received and maintained by all applicable users. Amount bid will only be
less if the assigned software consultant and/or implementation manager
certifies that the user(s) have obtained the required skills to run the
applications in less than the minimum training quoted in this contract).
If key personnel replacement occurs, Springbrook reserves the right to
require that the new employee(s) acquire certified training. •
Authority:
The ma~ordy of Spnngbrook Software Clients must have proper budget authonty to make a mayor purchase, such as neHr
software It ~s Important bo remember that d your (mplementafion project crosses budget years, d (s your responstbddy to
ensure you have reappropnated any rema)rnng contract funds in the next budget year and have proper budget authonly
to complete the project Spnngbrook Software can help you determine what remalrnng contract funds need to be re-
appropnated, If thls sltuafion apses
By my signature below, I confsrm that I have read, understand and agree to this Attachment A, Schedule of Fees.
(Signature) (Date)
Attachment B
Data Conversion •
("Explanation of" )
Data Conversion
Two types of conversions will take place after you have signed your
contract with Springbrook Software. There will be a system conversion
(also referred to as the entire implementation process) and there will be a
data conversion. The system conversion is the entire process of moving
from your old system to Springbrook Software's system. It includes the data
conversion, training, enhancements to software, etc. The data conversion
is the process of extracting the data from your old system and manipulating
it so that it can be seen and used in your new Springbrook system. If a
data conversion is not done during your system conversion, you will need to
key the data from your current system into the Springbrook V5 system. The
primary purpose of the data conversion is to reduce the amount of data that
you would otherwise have to enter into the V5 application.
You should be prepared to have more than one conversion of the utility
billing data from your current system into the Springbrook V5 system. It is
standard to have two to three data conversions when implementing these V5~
applications. After we receive the data from your old system, the
conversion specialist will spend time deciding what information should go
where and how to make the information appear in the correct form. (For
example, when the specialist looks at customer names, s/he will make sure
that the last name will appear in the last name field and the first name
will appear in the first name field.) The conversion specialist will then
work with you to determine the best methods for formatting data from your
current software. In addition, you may wish to have the conversion
specialist discuss various conversion options (full conversions, partial
conversions, spreadsheet conversions, etc.) with you.
For utility billing data conversions we try to convert all master files as
well as 1-5 years (or more in certain limited cases) of financial history.
On the finance side we typically convert the chart of accounts, the
accounts payable master file. In payroll we typically convert just the
employee master files (benefits and deductions are typically keyed in after
conversion by the client's personnel). If you are requesting any other
data converted you will need to get verification of its viability, success,
as well as additional cost from your Springbrook Project Manager or
Conversion Specialist.
Springbrook has standard information that is extracted and converted during
the data conversion process. However, there may be other information that
you want to include in the conversion. Conversion of data is completed on
a "Best Effort " basis only. Due to the complex nature of file structur~
and variations in data types and field types, it may not be possible to
convert all of the data from your current system into the V5 applications.
If there is data that you would like to convert that is non-standard,
Springbrook will convert that data as a "Best Fit ". This means that
Springbrook will attempt to extract the data that cannot be converted into
pre-defined V5 fields and place that data in a memo field in the V5 system.
Converting non-standard data may increase your conversion costs. You will
be responsible for re-keying any unconverted data as necessary. Springbrook
can provide services to re-key information as needed for a fee.
Pulling Data From Your Ezisting System
Shortly after your implementation start date, we will ask you to send a
copy of the data from your existing system to the Springbrook conversion
department as planned during your data evaluation. The information can be
sent in a number of ways: over the Internet, on a Zip disk, or via another
way you have previously agreed upon with the conversion specialist. The
specialist will ask you to provide the data in one of the approved formats
listed below. You will also be asked to provide a list of data definitions.
Immediately before the data is pulled, you need to run a trial balance
report in your old system so that after the conversion the data in both
systems can be compared and balanced.
Acceptable Formats of Your Data:
Fixed Length ASCII
ASCII Tab Delimited
Below is an example list of how the conversion specialists would typically
like to see the file layout for your data. This file layout is not
andatory, but data not in this layout could cause your conversion costs to
increase.
Column Field Field Data Size of Is Field
Num Name Description Type Field IIsed
1 Cust No Customer Numeri 9 y
Number c
2 Last Na Alpha 25 y
me
3 Con_dat Connection Date 6 y
e Date
4 Serv Co Alpha 50 n
m
Keys and Indexes
Rey Fields Sort Order Primar IInique Allow
y Null
PK1 Cust No Ascending Y y n
Example Last_Na Ascending N n n
me
Example2 Con_dat Descending N n y
e
Data Conversion •
When your data arrives at Springbrook, the conversion specialist will write
a program that will convert that data into data fields in the V5 Utility
Billing and/or financial systems. Once your data has been loaded into a V5
database, the conversion specialist will work closely with a trainer to
verify that all the data is appearing accurately in the V5 system. After
the trainer and conversion specialist have corrected any errors they have
seen in the converted data, you will be asked to verify the accuracy of the
data with them.
Please be aware that difficult conversions can prolong the V5
implementation process. If there are unexpected problems encountered in the
conversion of your data, Springbrook will notify you, work with you to
adjust your implementation schedule and keep you apprised of the status of
your conversion.
Cost of Data Conversion
The anticipated cost of your data conversion has been provided in this
contract. This cost is for up to three separate data pulls and conversions
from those pulls. However, certain factors may cause that cost to exceed
the amount quoted. See section below titled "Not Included in Estimate "
Not Included in Estimate
There are a variety of factors that can influence the cost of a conversion
and a variety of items that are not included in the standard cost estimate ,
for your conversion. For example, your estimate will not include the
following:
Removal of data from your existing system.
Consulting on removal of data from your existing system.
Changes or modifications requested after the first conversion and different
from the specifications we originally received.
Changes in the format we receive the data in after the first conversion.
More than three conversions.
Cost Factors
In addition, the following items can increase the cost of your conversion:
Assistance in pulling the data from your system and/or converting the data
into one of the acceptable formats listed above.
Mixed formats of data (a file containing tab delimited and comma delimited
format) .
Problems with data integrity.
Data manipulation not for the purpose of the conversion, but for the
purpose of supplying you with information you did not previously have
access to.
Changes in the file format after the first conversion,
Changes requested to the data after the second conversion.
Upgrades to application software during a data conversion.
Conversion Contacts _
Please understand that conversions can be a time and energy intensive
project. With your assistance, Springbrook will attempt to make your •
conversion process as smooth as
possible. If you have questions or concerns about your data conversion,
please direct these to your Implementation Coordinator. Your Implementation
Coordinator will gather the information you need or direct you to the
proper conversion contact.
IPS Findings
Attachment C
•
By my signature below I agree to the above stated Implementation Planning
Session (IPS) findings as stated in Attachment B of this License Agreement:
(Signature)
(Printed Name )
(Date)
C7
RESOLUTION 2001-94
• APPROVING MAINTENANCE AGREEMENT, AND SOFTWARE LICENSE
AGREEMENT BETWEEN SPRINGBROOK SOFTWARE, INC. AND CITY OF
STILLWATER FOR FINANCE SOFTWARE APPLICATIONS
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the agreement
between City of Stillwater and Spnngbrook Software, Inc. for maintenance agreement,
and software license agreement for finance software applications, as on file with the Crty
Clerk, is hereby approved, and the Mayor and Clerk are authonzed to sign said
Agreement.
Adopted by Council this 15th day of May, 2001.
Jay L Kimble, Mayor
U
ATTEST
Diane F. Ward, City Clerk
•
RESOLUTION 2001-95 •
APPROVING SERVICES AGREEMENT, MAINTENANCE AGREEMENT, AND
END-USER LICENSE AGREEMENT BETWEEN AUTOMATED
ENVIRONMENTS AND CITY OF STILLWATER FOR FINANCE SOFTWARE
APPLICATIONS
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the agreement
between City of Stillwater and Automated Environments for services agreement,
maintenance agreement, and end-user license agreement for finance software
applications, as on file with the City Clerk, is hereby approved, and the Mayor and Clerk
are authorized to sign said Agreement
Adopted by Council this 15th day of May, 2001
Jay L Kimble, Mayor
ATTEST.
Diane F Ward, City Clerk
n
C.
•
May 15, 2001
City of Stillwater
216 N. 4~ St
Stillwater, MN 55082
ATTN Nile Kriesel
RE SCVRC 2nd Sheet of Ice
Stillwater, MN
ear Nile
Enclosed is the final Change Order in the amount of (Deduct) $83,627 00 Please have the Mayor sign
and return all copies to GWO who will obtain the Arclutect's signature
Summary as follows:
• Original GWO Contract plus Change Orders to date $1,980,758.00
• Final GWO costs including GWO Fee $1,897,131.00
• Total savings to the City of Stillwater from the
adjusted GWO Contract $ 83,627 00
Also enclosed is GWO's final Pay Request in the amount of $15,410 00 We hope you can process for
final payment by May 31, 2001
Yours very truly,
GEORGE W OLSEN CONSTRUCTION CO ,INC.
~~
~ick Olsen, Protect Manager
Encl. 2
C~iANGE O~rER G
ORDER cotes oR
A!A DOCL~LIE.`T G7o! FIELD
OTHER
~ C
•
_
PROJECT SCVRC (2ND SHEET OF ICE)
(name, acdress) 1675 Market Dr.
Stillwater, MN 55082
TO COtvTR~CTOR GEO. W. OLSEN CONST. CO. ,
(name adaress) 1902 S. Greeley St.
P.O. BOX 20
Stillwater, MN 55082
The Concrc>: ~ changea as foilow-s.
Total Contract thru C.O. 4~4
Actual Cost including GWO Fee
Total Savings to City of Stillwater
CH~.vGc ORDER vLytBER 5
D3TE May 16, 2001
INC . ARCHITECT S PROJECT V O
CONiR~1CT DATE November 9, 1999
COIYTR<1CT FOR. General Construction
$1,980,758.00
1,897,131.00
$ 83,627.00
•
Not valid unto signed by the Owner, Architect and Contractor
The oagu::~,~[a~x~ai',sn tGuarznceed ~ta.~c.mum P.^ce: was 3 1, 937 , 757.00
Ytt orange dv pre•/IOUSh 1UL10rlZed Change OCG'C:5 ~ 43, 001.00
The ~$~D lGuar..nceed tit:..~c.mum p~sce) pnor co dvs Change Orde• ry ~ i 1, 980, 758.00
The~C) (Cu:r..nceed ~tasunum Prce) will btu dec:e.sea)
~~bv ch:s C:~ange Orde::n the arreunt oc 3 (83, 627.00)
The ne*v1IIbB3~A (Guar..ncrd btax:tnum pace) ~ndud:ng tn:s C-~ange Orde- w ui oe 3 1, 897 ,131.00
The Concrc:Tune will bet unc-ranged) by l ) d :~ s
The dace of Subs-.anual Comoteson as of the dace of :h:s Change Order che:eiore w
tiOTE Tnu summar lees zoc celrr: ch.utga ui chc Coner..c: Sur: Concrsc: T.mt ~r Cuar..ctccrd ~l~e:tnum p•:c: an.c~ ~^~e 5ecn aucnorscd o~
Curocrucaon C~anae D:rec::ve
ANKENY KELL ARCHITECTS
~RCiiITECT
821 Raymond Ave., Suite 400
~dciress
St. Paul, MN 55114
9Y
o~,rE
GEORGE W. OLSEN
CONSTRUCTION CO., INC.
COtvTRaC:OR
1902 S. Greeley St.
address
Stillwater, MN 55082
BY ~~~~
DATA -5 ~S" bl
CITY OF STILLWATER
OW~i:R
216 N. 4th St.
~CCre55
Stillwater, MN 55082
BY
C.
DATA
AIA DOCJME3(T 6701 Ci.~+vG'c ORBE.Q 198% ED1770N ~lA`D 5"i 198' THE
~.HE.~cc+.v ^tSTrC[, ; ~ OF ~RC:itTECTS I'3s vEw YORK ~vE v w av ~„~ivG ~ orr o c zorw6 G701-1987
RESOLUTION N0.2001-96
• APPROVAL OF CHANGE ORDER # 5
FOR THE ST. CROIX VALLEY SPORTS COMPLEX
2~ SHEET ICE AREA AND APPROVING FINAL PAYMENT
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota,
that Change Order #5 deducting the amount of $83,627 00 from the cost of the 2nd Sheet
Ice Arena at St Croix Valley Recreation Center is hereby approved and authorizing final
payment to G.W Olsen taking G W. Olsen's receipt in full
Adopted by Council this 15~' day of May, 2001
Jay Kimble, Mayor
Attest:
Diane F Ward, City Clerk
C]
ART FAIR AGREEMENT
This Agreement between the City of Stillwater, Washington County, Minnesota ("City"), in
conjunction with the Rivertown Art Fair of 2001, part of a community wide celebration of the City, and
the Greater Stillwater Area Chamber of Commerce, a Minnesota non profit corporation (the
"Chamber"), the liquor license holder within the Crty that has been granted authority to dispense
intoxicating liquor pursuant to Minn Stat §340A 404, subd 10 ("Liquor").
1 Celebration The Crty has encouraged a community wide celebration in order to foster
and promote tourism within the City of Stillwater and encourage commerce within the City that will
ultimately increase property values and the quality of life within the City, thereby promoting the welfaze
of the City
2 Event The Chamber has been granted authority to dispense intoxicating liquor at the
celebration within the Beer Gazden where the liquor will be dispensed. It is the purpose of this
Agreement to set forth the terms and conditions that will control the dispensing of liquor at the
celebration.
3. Area Dispensing alcohol will be permitted in Lowell Pazk, north of the pump house.
The area is approximately 20,000 square feet and is to be fenced with only one access point as per the
plan subrrutted to the Police Cluef.
4 Fencing The Area must be securely fenced The Chamber will provide the fencing
material and personnel needed to install the fencing The Chamber must use their best efforts to see that
the fence remains intact.
• 5 Crowd Management. The Chamber will provide, at no cost to the City, private
uniformed security officers All security officers will be suitably identifiable The number and
deployment of the security force must meet the approval of the Stillwater Police Chief
For the purpose of this plan, only one entry gate is allowed and the azea must be controlled by
security personnel while alcohol is being served A security guazd must be in place to insure that no
beer or liquor enter or leave the fenced Area.
Signage will be prominently displayed at each entry/exit point to notify guests that no liquor/beer
will be allowed in or out of the Area. Signage must also indicate that Identification is Required to
Purchase Alcohol
Also, the City will provide two uniformed peace officers The Chamber will reimburse the City
for the costs associated with providing one of these officers.
6. Identification. The Chamber will permit no one to consume liquor unless they provide
identification. The Chamber will provide at no chazge liquor identification bracelets at a minimum of
four (4) different locations in the Area. The Chamber will permit no one to consume liquor unless they
aze wearing an identification bracelet The Chamber will be responsible for the issuance of the bracelets
and that the bracelets are given only to those who aze legally entitled to consume liquor.
7. No Other Alcohol or Coolers. No liquor is allowed in the Area except that liquor which
• is sold by the Chamber The Chamber is responsible to see that no other liquor is brought into the Area.
The Chamber must not allow bottles, containers or coolers to be brought into the Area.
8 Insurance The Chamber must provide to the City satisfactory proof that it has obtained
liability insurance that names the Chamber and the City as an additional insured, as loss payees, in an
amount of at least two hundred and fifty thousand and no/100 dollars ($250,000 00) per person and
seven hundred and fifty thousand and no/100 dollars ($750,000 00) per occurrence, for loss sustained by
either acts or occurrences that arise from or grow out of the celebration, and Liquor Liability coverage as •
described in Minn. Stat §340A 409, evidenced at a minimum, the coverage described in Minn Stat
§340A 409, subd 1
9 Signs. The Chamber will post signs, the number and content of which must be approved
by the City Police Chief, describing the regulations prohibiting liquor outside of the Area, as well as the
prohibition against participants bringing their own liquor into the Area Signage must also indicate
identification required to purchase alcohol.
10 Noise Control. The Event is responsible to control the noise emanating from the Area at
a level that will not interfere with the peace and repose of the residential area on the bluffs on the north,
west and south edges of the downtown.
11 Hours of Operation. Operations are limited to 12 00 p m. - 8 00 p m Friday, May 18,
2001; 10.00 a.m to 7.00 p m. Saturday, May 19, 2001, and 10 00 a m. - 6 00 p m. Sunday, May 20,
2001.
12 Police Power The City reserves the nght to order a shut down of the Area in the event
the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition
of this Agreement is violated If requested by the Chief of Police, the Chamber will cease dispensing
and assist the police in the clearing of the Area.
13. Exclusive Use of Lowell Pazk. In return for the exclusive use of the Lowell Pazk and the
right to sublease spaces within the park(s), the undersigned hereby agrees to the following stipulations •
• Damage deposit of $250.00 and a users fee of $500 00 to be paid at the signing of this contract
(deposit of $250.00 to be refunded in whole or in part, depending on amount of damage, if any, as
determined by the Pazks Director). The lessee shall be responsible for any damage that is not
covered by the deposit.
• Lessee shall furnish dumpsters or roll-off boxes in sufficient quantity to contain the accumulation of
trash generated by the event(s) and shall see that all trash is picked up daily and deposited in
dumpsters, including the emptying of pazk trash receptacles
• Lessee shall furnish portable restrooms (at least four) to augment the existing facilities
NOTE• In the case of Lowell Pazk the existing restroom facility shall be closed and the City
shall furnish at least four additional restrooms.
• Lessee shall confer with the Chief of Police as to the advisability of closing the Levee Road (Lowell
Pazk) and shall hire any security personnel the Police Chief requires.
14 Hold Harmless and Indemnify The Chamber agrees to hold the City harmless and to
indemnify and defend the City with regazd to any claims, causes of action, or demands that might be
brought against the City arising out of the activities in the Area, including the dispensing of liquor
pursuant to this Agreement •
2
IN WITNESS WHEREOF, the parties have set their hands this
.2001
•
Subscribed and sworn to before me this
day of , 2001
Notary Public
Subscribed and sworn to before me this
day of , 2001
Notary Public
•
Subscribed and sworn to before me this
day of , 2001
Notary Public
•
day of
By -----
Its
GREATER STILLWATER AREA CHAMBER
OF COMMERCE
By
Its
CITY OF STILLWATER
Jay L Kimble, Its Mayor
Attest•
Diane F Ward, Its Clerk
3
RESOLUTION 2001-97 •
APPROVING ART FAIR AGREEMENT
WITH THE GREATER STILLWATER AREA CHAMBER OF COMMERCE
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the agreement
between City of Stillwater and Greater Stillwater Area Chamber of Commerce for the
management of the Art Fair, as on file with the City Clerk, is hereby approved, and the
Mayor and Clerk are authorized to sign said Agreement
Adopted by Council this 15th day of May, 2001
Jay L Kimble, Mayor
ATTEST.
•
Diane F Ward, City Clerk
•
..
• Memo
To: Mayor and City Council
From: Steve Russell, Community Development Duector
Date: May 11, 2001
Subject: Railroad Lan~Purchase
As directed, the City staff has been negotiating with the property managers for Burlington
Northern Raikoad for purchase of excess right of way between Myrtle and Mulberry Streets
The land would be added to the existing City owned land to provide for improvement and
extension of the River Pazking Lot.
The proposed purchase includes 10,513 squaze feet for $47,600 or $4.50/sq ft. This is higher
than the appraisal for the property of $3.30/sq ft but within the cost of Downtown sites.
• Recommendation: Approve purchase and direct staff to prepaze purchase agreement
Attachment: Map
•
+ ~s
STAUBACH ~
Apri126, 2001
Mr. Steve Russell
Community Development Coordinator
Stillwater City Hall
216 North Fourth
Stillwater, Mn. 55082
Re: Stillwater, Minnesota -Proposed Land Sale
Deaz Steve:
About a month ago we discussed, in more detail, the reason for the railroad temporarily
taking a parcel of railroad land off the mazket in Stillwater. This parcel (lying between
Myrtle and Laurel Street) was proposed for transfer unto the city. During our discussion,
you indicated that the segment of most concern to the city was the portion lying between
Myrtle and Mulberry Street.
After our fiu-ther review it has been decided that the railroad can now consider transfer of •
that segment of most concern to the city. The remainder, lying between Mulberry and
Laurel, will be transferred to another party.
The enclosed railroad print shows in yellow color the parcel now proposed for transfer to
the city. Based upon the surveys (prepazed by Stack Land Surveying) and which you
provided eazller, this transfer will include a portion of that noted as Pazce12. It contains a
total useable azea of approximately 7,935 squaze feet (total: 10,513 squaze feet, less 1,454
square feet from the Glacier Park Company deed and 1,124 square feet for the Mulberry
street right of way). For this segment, I am willmg to recommend transfer by quitclaim
deed based upon a price of $47,600.Other general sale terms would be as indicated in our
February 8 sale contract.
If the city is interested in pursuing purchase, let me know and I shall arrange to forward
another sale contract. As additional information, I am advised the railroad plans to file an
application with the Surface Transportation Board to request formal authority to abandon
the remainder of the Burlington Northern and Santa Fe Railway Company trackage within
the Stillwater community. Due to other proposed railroad branch lines also being
considered for abandonment, it may, however, not be submitted until late this year or
eazly next yeaz.
•
STAUBACH GLOBAL SERVICES
4105 LExtNGfON AVE N , SURE 200 • ARDEN HtLLS, Mu~INF50?n 55126 • TEL 651415-2706 FAX 651481-9361
s
~ ~STAUBACH
Staubach Global Services is acting as agent for the Burlington Northern Santa Fe
Corporation.
Sincerely,
,~j-
~~~~
Bruce E. Opp
Account Manager
LJ
C7
SfAUBACH GLOBAL SERVICES
4105 LFaaxcroN AVS. N , SIm'E 200 • AttDFa~t HII.LS, MINNFSOtA 55126 • TE[.651415-2706 FAx 651481-9361
ray wa G - JIIt:C4 ~
• Survey Prepared For: CERTIFICATE OF S VEY
City ~,f S':>.llwater
216 No. Fourth St.
Stillwater, MN 55082
~ ~ See Proposed Parcel 2 Desc. on Sheet 3 -Parcel 2.
~~ Overall Parcel 2 Area: = 14113 sq. ft.+- 'y
~~ (inc. part of Mulberry St. and part N .~
0 of Glacier Pk. QCD) a v'
~°~ ~ Area in Mulberry St. = 1124 sq. ft.+- ~ ~ ~
~C iv, ~~ Area in Glacier Pk. QCD. = 1454 sq. ft.+- Z Cp ~ ~ p~,
V ~ .v Y
Y.73Y
\ ~® " LRI' I,t.~ ror 6 4, 6Gt. /7,7 ~°~~p. sod' _~G
~ - --- N74•®S?i E~ 3~B 9~ ~ oe
` I 1 "lux Aa
v. e. o~az ~~..
~°- .c= zsaa.ao
°~ ~ ~ sip ii7s c ;
o h c.~ ~ ~s.si ;
a UN-NUrBE.e~O ~,~.
_o ~ 1
~.
o ~ ,
~,
z
1 I N7¢°oS'tG E °+0
N Lmve /'Jrcrt«Y Ss
scar cot /"fULB~Ri2 y
e.~, iT
ti
sT
~~ B~.~--
O,ei6 To~.s; NO~v ~ ~'f~
G6 I OF ST/LLLvATE~ 1
,GbC /v0. ¢I64~1 S
Notes: i
Orientation of this bearing system is assumed datum.
o Indicates X13774 iron set.
• Indicates ;13775 iron pipe found.
The Proposed Parcel 1 Desc. clears the existing
tracks by a minimum of 8.5 feet.
No underground or overhead public or private i
utilities on or ad3acent the parcel were located
in con3unct>.on with the survey.
Existing improvements on or ad3acent•the parcel
were not located, unless shown otherwise.
The Proposed Parcel 2 Description is intended B~
to be used for a Quiet Title or Title Reg. _
action only. No Abstract or Title information
was supplied to Stack Land Surveying for the
conduct of the survey.
Ascertain if Mulberry Street
has been vacated.
Proposed Parcel 2 Area includes part of platted
Mulberry St. and 1454 sq. ft. of area inc. >,n
1990+- area calculations based on Glacier Park
QCD Rec. as Doc. No. 664543, Wash. Co. records. .~,,.
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I Sere y certify that Chia aorrey, plan, or repan
prepared by me or outlet my direct aupervtdan and that
1 un a duly Registered land Surreyor~a~ntle~r the Irwa of
the Sete of ~'.. ~~~'~"'
~• tbAe,'q„ , 6 ~4-00 ~ IteFNa ,.13774 .
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.Survey Prepared For: C E R~ i ~1 C A T E O F
City of Stillwater
VtY -
216 No. Fourth St. Note '
Stillwater, MN 55082 Orierxtation of this bearing system is
See Proposed Parcel 2 Desc, ~ assum d datum.
on Sheet 3 - Parcel 2. ~ o Ind~cates X13774 iron pipe set.
'yo~`ru
• =;sa.
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• Ind,cates X13775 iron pipe found.
The Proposed Parcel 2 Desc. clears the
existing tracks by a minimum of 8.5 feet
No underground or overhead public or
private utilities on or ad3acent the
parcel were located in conjunction
with the survey.
Existing improvements on or adjacent
the parcel were not located, unless
shown otherwise. '
The Proposed Parcel 2 Description is
intended to be used for a Quiet Title
or Title Registration action only. No
Abstract or Title information was
supplied to Stack Land Surveying for
the conduct of the survey.
Ascertain if Mulberry Street has been
vacated.
Proposed Parcel 2 Area includes part
of platted Mulberry St. and 1454 sq. 1
ft. of area inc. in 1990+- Parcel 4
area calculations based on Glacier Pk.
QCD Rec. as Doc. No. 664543, Wash. Co.
records.
Overall Parcel 2 Area:
(inc. part of Mulberry St. and part
of Glacier Pk. QCD)
Overall Area = 14113 sq: ft.+-
Area in Mulberry St. = 1124 sq. ft.+-
Glacier Pk. QCD area. = 1454 sq. ft.+-
~L/NE /1Y°TXE df ~
rZ
/`7YRTL E a
N 'sZ
Stack Land Surveying
P. 0. Box 857
Stillwater, MN 55082
tel: (651) 439-5630
vo ST, N
1 hereby certify that this surrey, plan, nr report was
7 prepared by me or under my dirca supervision and that
~iAlATEO ,~ 1 am a dulyy Registered land Surveyor under the Irws of
the Seate oI Minnesoa /~~ ~ ~.~
~YRYlE SY 'w r/ »/~G~~~~"fl ~
uate._...,6'4-00 ~ „Reg Nn ,13774
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MEMORANDUM
TO Mayor and Council
FR City Admimstrator
RE• Financing of North Hill Improvement
DA. May 9, 2001
Discussion.
Klayton and Shawn will be presenting the feasibility report for the North Hill Improvements The
purpose of this memo is to summarize the cost of the project and the proposed financing
strategy/timetable for the improvements.
First of all, the cost of the improvements is as follows (note• I have "rounded" the numbers)
Storm
Municipal Water Water
Assessments State Aid Board Utili C~ Total
Phase I 473,000 702,000 1,175,000
Phase II 1,092,000 237,000 70,000 1,286,000 2,685,000
Phase III 1461,000 70,000 981,000 2,512,000
Total 2,553,000 237,000 473,000 140,000 2,969.000 6,372,000
. Second, financing for the project is proposed to be as fol lows
Bond Amount Issued
Issue Assessed City Total
Phase Yeaz Shaze Shaze Issued
Phase I 2002 N/A 702,000 702,000
Phase II 2003 1,092,000 1,286,000 2,378,000
Phase III 2004 1,461,000 981.000 2,442,000
Total 2,553,000 2,969,000, 5,522,000
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For your information, it will be the recommendation of staffto assess the cost of the project in the fall
of this year, some time after the improvement heanng and before the City actually advertises for bids •
for the project Typically, the City has conducted assessment heanng after the bids are received and
usually after final costs are known However, staff believes that it would be appropriate to establish the
assessments at the beginning of the project, and actually before the work actually begins Primanly
because, even though the project is going to be phased, the phases are all part of the same project
In regards to the financing it is also recommended that the financing (i a ,issuance of bonds) be
concurrent with each Phase as shown above Financing the project in this manner will help minimize
debt issuance for the next three years (note. the debt on Local Improvement projects having at least
20% of the cost paid by assessments does not count toward the City's "Net Debt Limit")
I can discuss this further with you at the meeting
Recommendation.
Council consider accepting feasibility report for North Hill improvement project
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CITY OF STILLWATER
NORTH HILL FEASIBILITY REPORT
PROJECT 2000-15
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Engineering Department
216 North Fourth Street
Stillwater, MN 55082
Telephone: (651) 430-8830
Fax: (651) 430-8810
g~~EAUJ~FG~
MEMORANDUM
TO:
Mayor and City Council
t FROM: Shawn Sanders, PE ~!
Civil Engineer '
DATE: May 11, 2001
RE: Feasibility Study for North Hill Project
' Project No. 2000-15
DISCUSSION
Enclosed is the feasibility report for the North Hill Project. The project includes the
installation of sanitary sewer, water main, storm sewer and new streets in the North Hill
section of town I will be present at the Tuesday May 15, Council meeting to discuss the
' project scope and the area, utility installation, project costs and revenue sources.
RECOMMENDATION
It is recommend
that council accept the report and order the public hearing for June 19,
' 2001.
ACTION REOUIRED•
If Council concurs with the recommendation, they should pass a motion adopting
Resolution No. 2001--,RESOLUTION RECEIVING REPORT AND CALLING
HEARING ON NORTH HILL (PROJECT 2000-15).
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RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
NORTH HILL PROJECT
(PROJECT 2000-15)
WHEREAS, pursuant to resolution of the council adopted March 21, 2000, a report has been
prepared by the City Engineer with reference to the North Hill project; and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective, and feasible
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOTA:
The council will consider the improvement 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
unprovement of $6,372,000.
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2 A public hearing shall beheld on such proposed improvement on the 19th day of June
2001 at the Stillwater City Hall Council Chambers at 7 00 p m , or as soon as possible
thereafter, and the clerk shall give mailed and published nonce of such heanng and
improvement as required by law.
Adopted by the City Council of the City of Stillwater this 15th day of May 2001
Jay Kimble, Mayor
' ATTEST
Diane Ward, City Clerk
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TABLE OF CONTENTS
MEMORANDUM .. ... .. ... ... ... 1
RESOLUTION . .. .. .... ... ...... ... .... ... .. .. 2
TABLE OF CONTENTS .... ..... .. ..... 3
INTRODUCTION .. .. .... ....
. .. . .. .... .. 4
.. ...
DISCUSSION „ „ _ , . ,g
A SANITARY SEWER ... ... 5
B WATERMAIN .. ..... ... .5
C SERVICES ,. , ,,.
D STORM SEWER 6
E STREET RECONSTRUCTION 7
EASEMENTS/PERMITS , . 7
PROJECT PHASING . 8
COST ESTIMATE , . 9
PROJECT FUNDING .. 10
COST RECOVERY FOR FUTURE LOTS .. .. 12
PROJECT SCHEDULE 12
RECOMMENDATION 12
APPENDIX 13
LIST OF FIGURES
Figure No 1 Location Plan
Figure No 2 Sanitary Sewer Layout
Figure No 3 Watermam Layout
Figure No 4 Storm Sewer Layout
Figure No 5 Contributing Drainage Area
Figure No 6 Protect Phasing
Figure No 7 Easement and Land Acquisitions
PRELIMINARY COST ESTIMATE
FINANCING OF NORTH HILL IMPROVEMENTS
DUTCHTOWN NEIGHBORHOOD ASSOCIATION- JUNE 22, 2000
North Hill Feasibility Report
Pro,/ect 2000-16
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INTRODUCTION
This report was completed to determine the feasibility of extending city services to the North Hill
portion of the City of Stillwater. This azea has no sanitary sewer system in place, has access to
water m a very limited area and storm sewer system that is non-existent. All of the homes in the
azea have on-site septic systems and except for the homes in the Lakeside Drive azea and North
Broadway street have well water With an increase in demand for developable land in the City and
better construction techniques, new homes aze being built on lots with topographic challenges,
which weren't even thought of 30 to 50 yeazs ago.
The azea has seen many problems in recent yeazs including a contaminated well, severe erosion in
ravines, street washouts and rYUnor flooding. These problems combined with the increase of home
construction and the lack of adequate city services, caused the City to impose a moratorium on new
home construction in 1998 until a feasibility report was prepazed to look at utility improvement to
the North Hill Area
Thus feasibility report looks at the following elements:
• The extension of City utility services to the North Hill Area which include sanitary sewer,
watermain, and storm sewer
• Street reconstruction for all disturbed streets
• Necessazy easements and/land acquisitions.
• Estimated project costs, financing, assessment rates, and proposed project schedule.
North Hell Feasrbelrty Report
Project 2000-16
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A. SANITARY SEWER
DISCUSSION
Sanitary sewer would be extended from the existing sanitary sewer main located at Elm Street, east
of Highway 95, and north of the Minnesota Zephyr Depot. The 12" sewer would be extended north
along the east side State Trunk Highway 95 (S.T.H. 95) to the Lakeside Drive/Schulenburg Alley
azea.
There aze two possible locations for the new sanitary sewer along S.T H. 95, the first location
would be east of the Minnesota Zephyr railroad tracks on the Aiple property The existing elevation
allows the sanitary sewer to be installed at a shallower depth but the City would have to obtain an
easement for the Aiple's the entire length of the samtary sewer The second option would be to
install the sanitary sewer between the S T H. 95 and the railroad tracks. If this option were selected,
the watennain would be relocated to the west side of S T.H. 95 and the samtary sewer would be
installed in that same trench
No matter what option is chosen for the sanitary sewer a lift station would have to be installed in
the Lakeside Drive azea The best location would be the azea azound the Rumpf property, since it is
the low point of the service area. If the first option were chosen, a lift station with force main would
be needed only for a short distance to the north end of Lakeside Dnve. If the second option were
chosen, a lift station would still be needed in the same location but sewage would be pumped to the
S.T.H. 95 and Willow Street intersection.
All other azeas on the North Hill and N Broadway Street would be gravity flow and would have an
8" diameter pipe. The sewer would be required to cross S T.H. 95 at three different locations in
order to serve the azea.
B. WATERMAIN
It is also planned to install new watennain system in the North Hill area and N. Broadway Street.
When completed the system would be looped with the existing system at 2"a Street and River
North Hill Feasib:lety Report
Project 2000-16
S
Heights Drive and at Highway 95 and Willow Street to provide for better water quality, pressure
and volume. Hydrants would also be installed at every intersection and at the appropriate spacing to
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C. SERVICES
Individual residential sanitary services and water services would be constructed as part of this
project. Each property owner would be provided one service each to their property line In some
instances, an extra service would be provided on lots, where the City feels there could be a lot split
for future new home construction Sanitary services would be constructed with 4" PVC and water
'. services would be constructed with 1" copper. It would be the responsibility of the property owner
to have the connection made from the end of the service line to the plumbing in the home
D. STORM SEWER
provide for better fire protection .
The Stillwater Water Boazd has expressed concern of the age of the existing 6" watermain along
S.T.H. 95 from Elm Street to Lakeside Drive. This system has been in place for over 100 yeazs and
they would like to see the line replaced with a new 8" watermain. Depending on the location of the
sanitary sewer the watermain could be relocated to the west side of S.T.H 95. All costs associated
with replacement of the watermain on Highway 95 would be paid for by the Water Boazd
Storm sewer in the North Hill azea can be best described as poorly inadequate. For the most part the
storm sewer system consists of overland flow, across yazds and along road edges, and eventually
' concentrates into any one of the ravines along Hazel Street or enters into a pipe and discharges into
the St. Croix river. Streets in the azea can experience localized flooding during small rainfall events.
' With the concentration point of storm runoff occumng in the ravines, some slopes have eroded and
are in need of major slope stabilization.
When the azea was developed over the years, little or no additions to the storm sewer system were
made. Ideally in an azea the size of the North Hill project azea, a storm sewer system would consist
of a series of storm inlets, storm pipes, and detention basins. Storm inlets would catch runoff at key
North Hrll Feasrbrlrty Report
Project 2000-16
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concentration points and enter into the storm sewer pipe. The pipes would convey runoff to a
detention pond and or sedimentation basin where silt/sand could be trapped and water held for a
period of tune to decrease the amount of flow going through the system downstream.
It is proposed to construct a new storm sewer system for the entire north lull azea. The storm sewer
would mainly be in the street right-of--way, accept for some portions where storm sewer crosses
private property. Storm sewers would be designed to handle a 10 yeaz storm while detention ponds
would be designed to handle 100 yeaz storms Five detention ponds are proposed, four of which are
located on pnvate property and would require easements before construction.
E. STREET RECONSTRUCTION
Most of the existing streets in the project area aze a rural type road, with overland drainage and no
curb and gutter. The streets for the most part aze sub-standazd in width and in cross-section. As
part of this project, all streets would be disturbed by utility construction It is proposed to
reconstruct all the streets to a new urban section, meaning that all streets would have concrete curb
and gutter and be constructed to a 7 ton design road. The City's policy is to have streets constructed
to be 32' wide, but this policy has been looked at a case by case basis. Smce many of the streets in
the project azea have steeper grades and the existing topography may not allow for wider streets, it
is proposed that each street be looked at individually, and then a determination would be made as to
whether to increase or decrease the width of the street.
EASEMENTS/PERMITS
In order for the project to proceed, there are a few locations where the City would have to obtain
easements or to outright purchase the property. These locations aze shown in the Appendix at the
back of this report and aze listed below:
• A drainage and utility easement for storm sewer in between properties from West Poplaz
Street to Hazel Street.
• A drainage and utility easement for storm sewer at the end of the Hazel Street cul-de-sac.
• Increased right-of--way for West Willow Street for new street and utilities
North Hrll Feas:b:lrty Report
Project 2000-16
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• Drainage and utility easement for Outlot A, Brown's Creek Heights for sewer and water
main.
• Ponding Easement for Lots 1 and 6, Block 57, Cazli & Schulenberg's for detention pond
• Street right-of way on Hazel Street for Lot 6, Block 46 , Cazli & Schulenberg's.
• Drainage and utility easement from the Minnesota Zephyr for storm sewer.
• Utility easement for sanitary sewer across properties from Hazel Street to Poplaz street.
• Ponding easement from the State of Minnesota for the property located at NW comer of
Willow and Highway 95.
• Utility easement for sanitary sewer along the Aiple property from Elm Street to Poplaz
Street extended.
• Utility easement for sanitary sewer along the South end of the Lakeside Subdivision
Permits would be requued form the Minnesota Pollution Control Agency(MPCA), Met Council
Environmental Services (MCES), Department of Health, Minnesota Department of
Transportation,(MnDOT), and Brown's Creek Watershed Distract (BWCD).
PROJECT PHASING
Because of the size of the project, construction of the entire project in one yeaz would be difficult to
accomplish The azea would need to be surveyed for plan preparation, plans and specifications need
to be finalized, neighborhood meetings would need to be held, and easement and/or land acquisition
should be obtained in order for construction to begin. Should the project proceed, it is
recommended that the project be separated into phases, this would allow for enough time for above
mentioned items to be met. The proposed phasing of the project is shown below:
Phase 1(2002)
Extend the sanitary sewer and replace the watermaln along S.T.H. 95 from Elm Street to
Poplaz Street.
Phase 2 (2003)
North Hdl Feasibtlrty Report
Project 2000-16
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' Install utilities and reconstruct streets in the azeas east of North Second Street, including N.
Broadway Street, Lakeside Drive, Schulenburg Alley and Dutchtown
PHASE 3 (2004)
Install utilities and reconstruct streets in the azeas, west of North Second Street
COST ESTIMATE
A detailed cost estimate is presented m the Appendix A in the back of this report which also shows
the summary for each phase. The total estimated cost for the each phase is shown below. The costs
includes 10% contingencies and 25% for indirect costs such as administrative, engmeering, legal
expenses In this report it was assumed that easements would be acquired $1 00 per foot for street
and utility easements and $2.00 for pond easements. For the purposes of this report cost were
sepazated by phases as suggested above
•
Phase 1
' Option A (Sanitary sewer east of railroad tracks) $1,065,790.00
Option B (Sanitary sewer west of railroad tracks) $1,082,977.50
Phase 2 $2,561,988.00
Phase 3 $2,389,314.13
EASEMENTS $327,092.00
TOTAL PROJECT COSTS w/ Option A Sanitary sewer $6,344,184.13
r w/ Option B sanitary Sewer $6,361,371.63
• The total estimated cost for each utility for the project is as follows:
North Hrll Feasrb:ll Re ort 9
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' Pro,/ect 2000-16
Option A Option B
Sanitary Sewer $2,109,339.38 $2,099,026 88
Watermain $1,425,325.00 $1,452,825.00
Storm Drainage $870,546.88 $870,546.88
Street Reconstruction $1,611,880.87 $1,611,880.87
Easements $327,092.00 $327,092 00
Total $6,344,184.13 $6,361,371.63
' PROJECT FUNDING
The City would be able to receive funding from State Aid for the increased cost of constructing
r segments of Willow Street and N. Second Street to MSA standazds We would be able to utilize
monies from the storm water utility fund in the amount $140,000 00 and the Stillwater Board of
Water Commissioners have stated they fund the replacement of the watermain along Highway 95
The City has in the past applied for grants such as the Special Projects from the Minnesota Boazd of
t • Water and Soil Resources (BWSR)
Assessments aze proposed to be levied against the benefiting properties in the project area. Phase 2
and phase 3 construction azeas would be paid through assessments Assessing the property for the
r improvements would be similar to that of new development construction where costs for utilities
aze either assessed to the property
Sanitary sewer, watermain, and street improvements are assessed at 50% of the their project costs
Samtary sewer and watermain assessments was estimated on a per lot basis. Street assessments aze
based on a front foot basis according to the Stillwater assessment policy Adopted in 1993. Water
and sanitary sewer services are assessed at 100% cost to the benefited property owner. Storm
drainage assessments were assessed at 100% cost to the property owner within the watershed
contributing to the storm water runoff This assessment was calculated on a square foot basis of
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contnbuting area The table below shows the proposed assessment rate for the project:
North Hrll Feasrb:lrty Report
Project 2000-16
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Sanitary Sewer $4270.81 per lot
1 Sanitary Service $1608.80 per service
• Watermain $3,536.87 per lot
' Water Service $1,282.06 per service
Storm Sewer $0.1293 per SF of contributing azea
Street Reconstruction $38 85 per LF of frontage
There aze 132 homes in the project azea and everyone would receive all or some portion of the
assessments For instance, property owners in the Lakeside Drive have City water already supplied
and some property owners Hazel ravine have been assessed for storm water improvements. With
the exception of street reconstruction, properties would not be assessed for improvements already in
place.
Atypical lot with 11,250 squaze feet of area and 75 feet of frontage that would receive all
improvements installed would have an assessment of $14,992.71. Assessment rates vary from a
low of $5879 61 for a lot on N. Broadway Street to a high of $25,112.69 on N. Fourth Street.
• In comparison, to the new developments in the Liberty Addition, typical costs per lot for utilities m
the he 3`d and 4th phases were $14,870.76 and $18,949.97
A summary of the revenue from the project is shown below
City Cost $2,968,585 97
Municipal State Aid $237,169.15
Board of Water Commissioners $472,587.50
Estimated Assessable Cost $2,553,341 52
Storm Water Utility $140,000.00
A detailed re ort fr
p om the City administer of the yeazly revenue sources for the project is mcluded
in the appendix.
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North Hrll Feasrbrlrty Report 11
Project 2000-16
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COST RECOVERY FOR FUTURE LOTS
' When com utin th
i p g e assessments for the North Bill Area, it was assumed that some of the existmg
lots would be able to subdivide in the future. The assessment amounts for amounts for sewer and
water improvements would not be recoverable until the time of development occurs. It is estimated
that 21 new lots could be created as a result of the improvements. This amounts to $10,093.20 per
lot or $211,957.20 the City would be responsible for. The per lot amount could be set as some type
of a hook-up fee, and unposed at the time the lot is subdivided and developed.
' PROJECT SCHEDULE
Present Feasibility Report
Conduct Neighborhood Meetings
Public Hearing
Prepare Plans and Specifications
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Assessment Hearing
Construction
May 15, 2001
May- June 2001
June 19, 2001
July, 2001-December 2003
Fa112001
2002-2004
RECOMMENDATION
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This project is necessary to provide City services to the existing North Hill property owners and to
provide services for future development. The project is cost effective based on existing conditions
and feasible from an engineering standpoint It is recommended that this report be presented to
Council May 15, 2001. If council should proceed with the project, a public hearing would be held
on June 19,2001. In the time between meetings, the City would conduct a couple of meetings, with
the residents to discuss the project and to address their concerns.
North H:11 Feasibiltty Report
Project 2000-16
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APPENDIX
LIST OF FIGURES
PRELIMINARY COST ESTIMATE
FINANCING OF NORTH HILL IMPROVEMENTS
DUTCHTOWN NEIGHBORHOOD ASSOCIATION- JUNE 22, 2000
North Htll Feasrbtltty Report 13
Project 2000-16
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North Hill Utilities
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Legend
Construction Phase
~i Phase I
C :~ , Phase
~_ ,~ Phase III
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'PHASE 1 CONSTRUCTION
ion A (sewer Located East of railroad Tracks)
SANITARY SEWER
' DESCRIPTION
QUANTITY UNIT UNIT COST TOTAL COST
Mobilization
t 12" PVC 1
3,800 LS
LF $
$ 75,000 00
65 00 $
$ 75,000 00
247,000 00
48" DIA MANHOLE 9 EA $ 1,500 00 $ 13,500 00
' 48" DIA MANHOLE EXTRA DEPTH 80 VF $ 150 00 $ 12,000 00
Bedding Rock( 4001bs/ft) 800 TON $ 12 00 $ 9,600 00
Pipe Auguring
'Silt Fence 200
1
500 LF
LF $
$ 200 00
5 00 $
$ 40,000 00
7
500 00
, ,
'SUBTOTAL $ 404,600.00
WATERMAIN
DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
' ~ Control 1 LS $ 30,000 00 $ 30,000 00
Remove existing watermain 4000 LF $ 15 00 $ 60,000 00
Remove Hydrants 10 EA $ 200 00 $ 2,000 00
' 8" D i P Watermain 4000 LF $ 40 00 $ 160,000 00
HYDRANTS 11 EA $ 1,500 00 $ 16,500 00
' 8" GV and box 5 EA $ 750 00 $ 3,750 00
6" GV and box 11 EA $ 450 00 $ 4,950 00
Fittings 1000 LBS $ 2 00 $ 2,000 00
'Remove Bituminous 4000 SY $ 1 75 $ 7,000 00
Bitumious wear Course 500 TON $ 35 00 $ 17,500 00
' Pipe ~acktng 100 FT $ 200 00 $ 20,000 00
'SUBTOTAL $ 323,700.00
,STORM SEWER
DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
Clear and Grub Trees 50 EA $ 350 00 $ 17,500 00
' 15" RCP 250 LF $ 30 00 $ 7,500 00
'I~C Apron 1 EA $ 1,100 00 $ 1,100 00
e Rip Rap 8 CY $ 90 00 $ 720 00
' Pipe hacking ,
~OTAL
' Construction Cost Phase I O tion A
P
'TOTAL COSTS PHASE 1 OPTION A
•
1
1
1
100 LF $ 200 00 $ 20,000 00
$ 46,820 00
+ 10% Contingencies
+25% Indirect Costs
$ 775,120 00
$ 77,512 00
$ 852,632 00
$ 213,158 00
$ 1,065,790.00
~~
1
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1
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Option B (sewer located west of railraod tracks)
SANITARY SEWER
DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
Mobilization 1 LS $ 75,000 00 $ 75,000 00
12" PVC 3,800 LF $ 65 00 $ 247,000 00
48" DIA MANHOLE 11 EA $ 1,500 00 $ 16,500 00
48" DIA MANHOLE EXTRA DEP 60 VF $ 150 00 $ 9,000 00
Bedding Rock( 4001bs/ft) 800 TON $ 12 00 $ 9,600 00
Pipe Auguring 200 LF $ 200 00 $ 40,000 00
SUBTOTAL
WATERMAIN
DESCRIPTION
Traffic Control
Remove existing watermain
Remove Hydrants
8" D I P Watermain
HYDRANTS
8" GV and box
6" GV and box
Fittings
Remove Bituminous
Bitumious wear Course
Pipe hacking
SUBTOTAL
$ 397,100.00
QUANTITY UNIT UNIT COST TOTAL COST
1 LS $ 30,000 00 $ 30,000 00
4000 LF $ 15 00 $ 60,000 00
10 EA $ 200 00 $ 2,000 00
4000 LF $ 40 00 $ 160,000 00
11 EA $ 1,500 00 $ 16,500 00
5 EA $ 750 00 $ 3,750 00
11 EA $ 450 00 $ 4,950 00
1000 LBS $ 2 00 $ 2,000 00
4000 SY $ 1 75 $ 7,000 00
500 TON $ 35 00 $ 17,500 00
200 FT $ 200 00 $ 40,000 00
$ 343,700.00
STORM SEWER
DESCRIPTION
Clear and Grub Trees
15" RCP
15" RC Apron
Rip Rap
QUANTITY UNIT UNIT COST TOTAL COST
50 EA $ 350 00 $ 17,500 00
250 LF $ 30 00 $ 7,500 00
1 EA $ 1,100 00 $ 1,100 00
8 CY $ 90 00 $ 720 00
~~
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Pipe hacking 100
SUBTOTAL
Construction Cost Phase I Option B
LF $
200 00 $
+ 10% Contingencies $
+25% Indirect Costs
20,000 00
46,820 00
787,620 00
78,762 00
$ 866,382 00
$ 216,595 50
$ 1,082,977.50
PHASE 2 CONSTRUCTION
~ITARY SEWER
' DESCRIPTION
Mobilization
6" PVC
8" PVC
8"DIP
48" DIA MANHOLE
48" DIA MANHOLE EXTRA DEPTH
4" Sanitary Service
' 4" Service Wye
4" Plug
'Bedding Rock( 4001bs/ft)
Lift Station
Pipe Auguring
SUBTOTAL
WATERMAIN
QUANTITY UNIT UNIT COST TOTAL COST
1 LS $ 25,000 00 $ 25,000 00
130 LF $ 25 00 $ 3,250 00
6,550 LF $ 30 00 $ 196,500 00
800 LF $ 45 00 $ 36,000 00
37 EA $ 1,500 00 $ 55,500 00
125 VF $ 150 00 $ 18,750 00
2,300 LF $ 35 00 $ 80,500 00
68 EA $ 10 00 $ 680 00
68 EA $ 5 00 $ 340 00
800 TON $ 12 00 $ 9,600 00
1 EA $ 150,000 00 $ 150,000 00
200 LF $ 250 00 $ 50,000 00
$ 626,120 00
' ~RIPTION QUANTITY UNIT UNIT COST TOTAL COST
Mobil¢ation
1
LS
$
25,000 00
$
25,000 00
8" D i P 4,200 LF $ 30 00 $ 126,000 00
' 6" D i P 1,650 LF $ 25 00 $ 41,250 00
8" Gate valve and box 7 EA $ 750 00 $ 5,250 00
' 6" Gate valve and box 32 EA $ 450 00 $ 14,400 00
Hydrants 20 Ea $ 1,500 00 $ 30,000 00
Fittings 3,500 LBS $ 2 00 $ 7,000 00
' 1" Curb stop and Box 25 EA $ 125 00 $ 3,125 00
1" Corporation stop 25 EA $ 150 00 $ 3,750 00
' 1" Copper service 750 LF $ 20 00 $ 15,000 00
pipe hacking 200 LF $ 250 00 $ 50,000 00
r SUBTOTAL
$ 320,775.00
' STORM SEWER
DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
Mobilization
Clear and Grub trees 1 LS $ 25,000 00 $ 25,000 00
1 ACRE $ 5,000 00 $ 5,000 00
non Excavation 1,500 CY $ 5 00 $ 7,500 00
' 12" RCP 2,025 LF $ 25 00 $ 50,625 00
15" RCP 805 LF $ 30 00 $ 24,150 00
1 "RCP
~ 520 LF $ 35 00 $ 18,200 00
CP 1,080 LF $ 40 00 $ 43,200 00
' 24" RCP 550 LF $ 45 00 $ 24,750 00
27" RCP 110 LF $ 60 00 $ 6,600 00
30" RCP 60 LF $ 75 00 $ 4,500 00
' 2' X 3" Catchbasm 12 EA $ 1,500 00 $ 18,000 00
48"Dia Manhole 36 EA $ 2,000 00 $ 72,000 00
' 60" Dia Manhole 3 EA $ 2,500 00 $ 7,500 00
12" RC Apron 1 EA $ 1,000 00 $ 1,000 00
15" RC Apron 1 EA $ 1,100 00 $ 1,100 00
' 18" RC Apron 1 EA $ 1,300 00 $ 1,300 00
21" RC Apron 2 EA $ 1,500 00 $ 3,000 00
24" RC Apron 0 EA $ 1,800 00 $ -
27" RC Apron 1 EA $ 200 00 $ 200 00
` 30" RC Apron
48"Dia Manhole E
D
t
th 1 EA $ 2,200 00 $ 2,200 00
x
ra
ep 210 VF $ 150 00 $ 31,500 00
Class 3 Rip-rap 40 CY $ 90 00 $ 3,600 00
' Fabric 89 SY $ 3 00 $ 267 00
TOTAL $ 351,192.00
STREET CONSTRUCTION
' DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
Bituminous Removal 14,500 SY $ 1 75 $ 25,375 00
Curb and Gutter Removal 2,000 LF $ 2 00 $ 4
000 00
Subgrade Preparataion 15,500 SY $ 1 00 $ ,
15,500 00
Class 5 Aggregate 5,600 TON $ 7 00 $ 39,200 00
, Granular Borrow 8,000 SY $ 6 00 $ 48,000 00
Bituminous Base 2,344 TON $ 33 00 $ 77,352 00
Bituminous Wear 1,400 TON $ 35 00 $ 49
000 00
' B618 Curb and Gutter 11,000 LF $ 7 00 $ ,
77,000 00
Common Excavation 7,000 CY $ 4 00 $ 28,000 00
Adjust Gate Valves 14 EA $ 200 00 $ 2,800 00
Adlust Manholes 66 EA $ 250 00 $ 16,500 00
Sod 6,000 SY $ 2 00 $ 000 00
12
1 Seed 3 ACRE $ 3,000 00 $ ,
9,000 00
Topsoil Borrow 750 CY $ 10 00 $ 7,500 00
' Silt Fence 600 LF $ 5 00 $ 3,000 00
~mon Laborer 30 HR $ 50 00 $ 1,500 00
' Shovel
12 C Y Truck 30 HR $ 120 00 $ 3,600 00
30 HR $ 60 00 $ 1,800 00
3 C Y Front End Loader
~et Sweeping
d¢ation
' Traffic Control
Rock Excavation
TOTAL COST PHASE 2 CONSTRUCTION
'•
30 HR $ 85 00 $ 2,550 00
65 Hr $ 100 00 $ 6,500 00
1 LS $ 25,000 00 $ 25,000 00
1 LS $ 10,000 00 $ 10,000 00
2,000 CY $ 50 00 $ 100,000 00
+ 10% Contingencies
+25% Indirect Costs
$ 565,177 00
$ 1,863,264 00
$ 186,326 40
$ 2,049,590 40
$ 512,397 60
$ 2,561,988.00
I~
1
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PHASE 3 CONSTRUCTION
SANITARY SEWER
DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
Mobd~zation 1 LS $ 12,500 00 $ 12,500 00
6" PVC 770 LF $ 25 00 $ 19,250 00
8" PVC 8,100 LF $ 30 00 $ 243,000 00
48" DIA MANHOLE 46 EA $ 1,500 00 $ 69,000 00
48" DIA MANHOLE EXTRA DEP 350 VF $ 150 00 $ 52,500 00
4" Sanitary Service 2,750 LF $ 35 00 $ 96,250 00
4" Service Wye 83 EA $ 10 00 $ 830 00
4" Plug 83 EA $ 5 00 $ 415 00
Bedding Rock( 4001bs/ft) 800 TON $ 12 00 $ 9,600 00
SUBTOTAL $ 503,345.00
WATERMAIN
DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
Mobilization 1 LS $ 12,500 00 $ 12,500 00
8"DIP 5,840 LF $ 30 00 $ 175,200 00
6"DIP 3,500 LF $ 25 00 $ 87,500 00
8" Gate valve and box 13 EA $ 750 00 $ 9,750 00
6" Gate valve and box 13 EA $ 450 00 $ 5,850 00
Hydrants 13 Ea $ 1,500 00 $ 19,500 00
Fittings 1,500 LBS $ 2 00 $ 3,000 00
1" Curb stop and Box 83 EA $ 125 00 $ 10,375 00
1" Corporation stop 83 EA $ 150 00 $ 12,450 00
1" Copper service 2,800 LF $ 20 00 $ 56,000 00
SUBTOTAL $ 392,125.00
STORM SEWER
DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
Mobilization 1 LS $ 12,500 00 $ 12,500 00
Clear and Grub trees 2 ACRE $ 5,000 00 $ 10,000 00
Common Excavation 3,500 CY $ 5 00 $ 17,500 00
12" RCP 975 LF $ 25 00 $ 24,375 00
' 15" RCP 1,450
• 18" RCP 420
21" RCP 515
' 24" RCP 35
2' X 3" Catchbasin 8
' 48"Dia Manhole 24
12" RC Apron 1
15" RC Apron 1
24" RC Apron 1
48"Dia Manhole Extra Depth 170
Class 3 Rip-rap 10
Fabnc 21
SUBTOTAL
' STREET CONSTRUCTION
DESCRIPTION QUANTITY
' Bituminous Removal 18,000
Subgrade Preparataion 23,700
• Class 5 Aggregate 8,500
Granular Borrow 12,000
Bituminous Base 3,600
' Bituminous Wear 2,150
6618 Curb and Gutter 15,000
Common Excavation 8,400
' Adjust Gate Valves 26
Adjust Manholes 69
Sod 7,500
Seed 2
Topsoil Borrow 1,000
Silt Fence 400
Common Laborer 20
1 C Y Shovel 20
12 C Y Truck 20
3 C Y Frontfnd Loader 20
Street Sweeping 35
Mobilization 1
' Traffic Control 1
•
LF $ 30 00 $ 43,500 00
LF $ 35 00 $ 14,700 00
LF $ 40 00 $ 20,600 00
LF $ 45 00 $ 1,575 00
EA $ 1,500 00 $ 12,000 00
EA $ 2,000 00 $ 48,000 00
EA $ 1,000 00 $ 1,000 00
EA $ 1,100 00 $ 1,100 00
EA $ 1,800 00 $ 1,800 00
VF $ 150 00 $ 25,500 00
CY $ 90 00 $ 900 00
SY $ 3 00 $ 63 00
$ 235,113.00
UNIT UNIT COST TOTAL COST
SY $ 1 75 $ 31,500 00
SY $ 1 00 $ 23,700 00
TON $ 7 00 $ 59,500 00
SY $ 6 00 $ 72,000 00
TON $ 33 00 $ 118,800 00
TON $ 35 00 $ 75,250 00
LF $ 7 00 $ 105,000 00
CY $ 4 00 $ 33,600 00
EA $ 200 00 $ 5,200 00
EA $ 250 00 $ 17,250 00
SY $ 2 00 $ 15,000 00
ACRE $ 3,000 00 $ 6,000 00
CY $ 10 00 $ 10,000 00
LF $ 5 00 $ 2,000 00
HR $ 50 00 $ 1,000 00
HR $ 120 00 $ 2,400 00
HR $ 60 00 $ 1,200 00
HR $ 85 00 $ 1,700 00
HR $ 100 00 $ 3,500 00
LS $ 12,500 00 $ 12,500 00
LS $ 10,000 00 $ 10,000 00
$ 607,100.00
' TOTAL COST PHASE 3 CONSTRUCTION
+ 10% Contingencies
+25% Indirect Costs
~•
L
1
1~
1
$ 1,737,683 00
$ 173,768 30
$ 1,911,45130
$ 477,862 83
$ 2,389,314.13
1
MEMORANDUM
TO: Mayor and Council
FR Ci Admimstr
ty ator
RE: Financing of North Hill Improvement
' DA• May 9, 2001
Discussion.
Klayton and Shawn will be presenting the feasibility report for the North Hill Improvements. The
purpose of this memo is to summarize the cost of the project and the proposed financing
strategy/timetable for the improvements.
First of all, the cost of the improvements aze as follows (note: I have "rounded" the numbers).
Storm
' Municipal Water Water
Assessments State Aid Boazd Utility Cites Total
Phase I
473,000 702,000 1,175,000
Phase II 1,092,000 237,000 70,000 1,286,000 2,685,000
Phase III 1461,000 70,000 981.000 2,512,000
Total 2,553.000 237 000 473 000 140 000 2.969 000 6 372 000
Second, financing for the project is proposed to be as follows
Bond Amount Issued
Issue Assessed City Total
Phase Yeaz Shaze Share Issued
Phase I 2002 N/A 702,000 702,000
Phase II 2003 1,092,000 1,286,000 2,378,000
' Phase III 2004 1 461 000 981 000 2 442 000
Total 2,553,000 2,969.000. 5,522,000
•
For your information, it will be the recommendation of staffto assess the cost of the project in the fall
• of this yeaz, some time after the improvement hearing and before the City actually advertizes for bids
for the project. Typically, the City has conducted assessment hearing after the bids aze received and
usually after final costs are known. However, staff believes that it would be appropriate to establish the
assessments at the beginning of the project, and actually before the work actually begins. Primarily
because, even though the project is going to be phased, the phases are all part of the same project.
In regazds to the financing it is also recommended that the financing (i.e., issuance of bonds) be
concurrent vv~th each Phase as shown above. Financing the project in this manner will help minimize
debt issuance for the next three yeazs (note• the debt on Local Improvement projects having at least
20% of the cost paid by assessments does not count toward the Crty's "Net Debt Limit")
' For your further information, it appeazs that the following borrowing needs will take place over the
next 2-3 yeazs:
~•
1~
1
Minutes of the Meeting -Dutchtown Neighborhood Association
.iUrie'c~, ~~f>iu
Below is summarized a translation of the notes taken durin the m
g eetmg, put in
a format that might provide a starting point for a documentlpresentation to fihe
City Council.
Introduction
The Dutchtown Neighborhood Association (DNA) is a group of Stillwater citizens
diving m the extreme northeast corner of the city of Stillwater. The Association
was formed in order to provide a forum in which to discuss, develop and direct
the future of this unique and historic neighborhood.
While the original impetus for the formation of the DNA was to present a unified
a voice to the City Council with regard fio the proposed construcfion of sanitary
and storm sewers, city water and the repaving of some streets, it became clear
that many residents had agendas -both political and from a personal and
social perspective- that go beyond the presenting issues of sewer and water.
• Objective
The DNA is committed to working with the City Council and the relevant
departments as we move through what will provide the potential for significant
change for us. It is our intent to develop jointly with the City an implementation
plan which will provide the (subsurface) infrastructure changes the City deems
a necessary, while maintaining the aesthetic elements of the neighborhood`s
character which have defined it.. Some of these features include:
• the aesthetics of the neighborhood semi-private nature of our lots
• the subfle detachment from the rest trees
of the city single family zoning
• we don't want to look rke the rustic took
Second Street narrow streets
• our park streets that keep traffic down
• low housing density & slow
• sense of history minimal lighting
These are the quarties that drew us here in the first place, and that we are
committed to preserving. As such, the above Gst provides a set of criteria
against which we intend to judge our own input to the City, and establishes a
preset way of evaluating any recommendation presented by the City, as well a
• way to track implementation as it progresses.
Issues
The primary focus of our meetings to date have been around water, sewer and
drainage. Admittedly, the DNA is mixed with regard to its attitude around the
necessihr for city water and sewer. Some are clearly in favor of it, others. while
not adamantly opposed to the concept, see no personal benefit to be derived
firom its installation, their current well-and-septic systems performing adequately.
There are some issues which we all do agree on:
• Whatever the final outcome of the process, to retain the existing
aesthetics of the neighborhood, as outrned in the fist of features, above.
• The absolute necessifir to deal with the storm run-off which periodically
washes out portions of Hazel Street between Fourth and Highway 95.
• The upgrading of the surtaces of Hazel, Poplar and other neighborhood
streets to code minimums with regard to pavement thickness.
• The development of some creative solutions for the key problems at hand,
to wit:
- what options beyond sub-surface run-off drains will handle run-off?
- how can the 'lift station' issue be addressed, other than putting in a
facility which will take effluent from the entire neighborhood all the
• way down to Highway 95, then pump it back up to the top of Second
Street.
• Any solution needs to be tempered by the value to be derived by the
community -both the City of Stillwater and the DNA - vis a vis the cost.
None of us believes this proiect should be or needs to turn into some sort
of monument.
Next Steps
As an Association, we will be continuing to meet on a regular basis to discuss our
ongoing desires and concerns. In addition, we intend to be intimately involved
in event step of the planning process. beginning with the Feasibility Study just
beginning.
1~
1
1
Dutchtown Neighborhood Association -Issue Areas from 6/7/00 Meetin
9
r We want to maintain:
~ ~ the aesthetics of the neighborhood •
subtle detatchment
• we don't want to look like (the top ofj •
Second Street
• our park
• low density
• sense of history
• minimallights
....the things that brought us herein the first place.
semi-pnvate nature of ovr lots
our privacy
trees
single family zoning
the rustic look
narrow streets
streets that keep trattic down & slow
Wish list of outcomes: (choose three you'd like to spend time on at next meeting, June 21)
• Hazel/Willow won't wash out
• address drainage issues: storm sewer
• communicate a 'work with' attitude
• streets appropriate to traffic flow and patterns
• consistent design
• present a unified image to council:
t we are a bona fide association
• doing the sewers without a Eft station
• foster neighborhood courtesy
• reclaim/rehab an old structure for Schulenburg
• minimal impact on street widths
• clear communication with city
• want citvwater/sewer
• minimal cost to us
• keep park sate and secure for kids
• positive impact on the watershed
• keep Hazel a cul de sac
• not have sewer/water installation
result in radically higher density
• address hwy 95 blind spots: viaduct
Next .. .
• invite Eric Thole
• decide on form/content for what is taken forward to Clayton/Sean
• decide how the DNA wants to be involved in the design process
1~
1
MAGNUSON LAW FIltM
LICENSED IN MINNESOTA AND WISCONSIN
THE DESCH OFFICE BUILDING
333 NORTH MAIN STREET • SUITE #202 • P O Box 438 • STILLWATER MN 55082
TELEPHONE (651) 439-9464 • FAX (651) 439-5641
DAVID T. MA,GNUSON H. ALAN KANTRUD
MEMORANDUM
TO: Mayor
Clty Council
Staff
FROM: David T Magnuson, Stillwater Crty Attorney
DATE: Mazch 28, 2001
RE: Tax Increment District No 8 -Long Lake Housing District
• As part of the Developer's financing for the qualified housing townhouse protect,
constructed In the Long Lake Housing District, is has become necessary to formalize the pay as
you go tax increment agreement and to authorize the assignment of the pay as you go tax
increment proceeds to the Developer's bank as security for a Developer's loan
This document is consistent with pay as you go tax Increment being offered to a number
of developments wltlun the Crty and the assignment of the Developer's pay as you go tax
increment payments to their lender Is customary. These documents have been reviewed and
approved by the Developer, Developer's counsel, and lender I'll be glad to discuss this with the
City Council If they see fit
Yours very truly,
Vt/t~
avid T M uson
• Stillwater CIt Attorney
DTM/nm
•
LIMITED REVENUE
TAX INCREMENT AGREEMENT
BETWEEN THE CITY OF STILLWATER,
WASHINGTON COUNTY, MINNESOTA
AND
LONG LAKE VILLA, LIMITED PARTNERSHIP,
a Minnesota limited partnership
This Agreement Was Drafted By.
MAGNUSON LAW FIRM
David T Magnuson, #66400
333 North Main Street, Surte 202
P O Box 438
Stillwater, Minnesota 55082
651-439-9464
•
LIMITED REVENUE TAX INCREMENT AGREEMENT
The City of Stillwater (the "City"), hereby promises to pay to Long Lake Villas Limited
Partnership, a Minnesota limited partnership (the "Owner"), solely from the source, to the extent
and in the manner hereinafter provided, the annual Net Revenue as described on Exhibit A on the
first day of each August and February commencing on August 1, 2002 and ending on February 1,
2026 (the "Scheduled Payment Dates"), (the amounts payable on the Scheduled Payment Dates
being the "Scheduled Payments") The City will have no obligation to make any Scheduled
Payment unless the Owner is in compliance with that certain Development Contract between the
Crty and the Owner, dated as of September 16, 1999 (the "Contract")
Each payment is payable in currency of the Umted States of Ameraca which on the date
of each payment is legal tender and will be made by check or draft made payable to the Owner
and mailed to the Owner at 775 Green Twig Way, Stillwater, Minnesota 55082
The Agreement is special and limited and not a general obligation of the City, which has
been issued by the City pursuant to and in full conformity with the Constitution and laws of the
State of Minnesota, including Minnesota Statutes, Section 469 174 to 439 129 inclusive, to aid in
financing a "project", as therein defined, of the City consisting generally of defraying certain
public development costs incurred within and for the benefit of its Development Distract Number
• Two and Tax Increment Distract No 8 (the "Project")
THE OBLIGATION IS NOT A DEBT OF THE STATE OF MINESOTA (THE
"STATE"), OR ANY POLITICAL SUBDIVISION THEREOF, EXCEPT THAT THE CITY IS
OBLIGATED TO MAKE PAYMENTS FROM AVAILABLE TAX INCREMENT, AS
DEFINED BELOW, AND NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION
THEREOF SHALL BE LIABLE ON THE AGREEMENT, EXCEPT FOR THE CITY'S
OBLIGATION TO MAKE PAYMENTS FROM AVAILABLE TAX INCREMENT, AS
DEFINED BELOW, NOR SHALL THE OBLIGATION BE PAYABLE OUT OF ANY FUNDS
OR PROPERTIES OTHER THAN AVAILABLE TAX INCREMENT, AS DEFINED BELOW
The Scheduled Payment of this obligation due on any Scheduled Payment Date is
payable solely from and only to the extent that the City shall have received as of a Scheduled
Payment Date Available Tax Increments, hereby defined by the City as Tax Increment, received
in the six months prior to a Scheduled Payment Date with respect to the Project
The City will pay on each Scheduled Payment Date to the Owner the lesser of the
Available Tax Increments and the Scheduled Payment due hereon on that date To the extent
that on any Scheduled Payment Date the City is unable to make the total Scheduled Payment due
on the date as a result of its having received as of that date insufficient Available Tax
Increments, the failure will not constitute a default under this Agreement and the City will have
no further obligations with respect to the payment of such deficiency
•
This obligation may not be transferred to any person other than an affiliate, or other
related entity of the owner, unless the City has been provided with an opinion of counsel that a
transfer is exempt from the registration and prospectus delivery requirements of federal and
applicable state securities laws
This obligation is not payable from or will not constitute a chazge upon any funds of the
City, and the City will not be subject to any liability or be deemed to have obligated itself to pay
from any funds except the Available Tax Increment
The Owner will never have or be deemed to have the nght to compel the exercise of any
taxing power of the City or of any public body, and neither the City, nor any person executing or
registering this obligation will be liable personally.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things
required by the Constitution and laws of the State of Minnesota and Ordinance and Charter of the
City to be done, to have happened, and to be performed precedent to and in the issuance of this
Agreement have been done, have happened, and have been performed in regulaz and due form,
time, and manner as required by law
IN WITNESS WHEREOF, the City of Stillwater, Minnesota, by its City Council, has
caused this Agreement to be executed by the manual signatures of its Mayor and Clerk; has
caused its seal to be affixed hereto, and has caused this Agreement to be dated May 15, 2001
Dated , 2001
CITY OF STILLWATER
Jay L. Kunble, Its Mayor
ATTEST
Diane F Ward, Its City Clerk
LONG LAKE VILLAS LIMITED
PARTNERSHIP, a Minnesota limited
partnership
By
Timothy L. Nolde
Its Chief Manager
•
• DEFINITION OF ANNUAL NET REVENUE
The Annual Net Revenue is the captured net tax capacity of the property described in this
Exhibit, multiplied by the applicable tax capacity rate for the property, less 10 00% retainage by
the City, and 025% deduction by the State Auditor
Lot Eighteen (18), Block One (1), Lots One (1), Two (2), and Three (3),
Block Two (2), Lots One (1), Two (2), and Three (3), Block Three (3), of
Long Lake Villas, according to the plat and survey thereof on file and of
record in the office of the County Recorder m and for Washington County,
Minnesota
• EXHIBIT A
ASSIGNMENT OF CONTRACT RIGHTS •
This Assignment is made effective May _, 2001, by LONG LAKE VILLA LIMITED
PARTNERSHIP, a Minnesota hnuted partnership ("Borrower"), m favor of U.S. BANK
NATIONAL ASSOCIATION, a national banking association, ("Lender")
RECITALS
A. The Borrower has executed and delivered to the Lender its Promissory Note of
even date herewith in the principal amount of Three Million One Hundred Thousand and no/100
Dollars ($3,100,000.00) ("Note").
B. To secure payment of the Note, the Borrower has executed and delivered to the
Lender a Combination Mortgage, Secunty Agreement, Assignment of Leases and Rents and
Fixture Financing Statement of even date herewith (together vv~th all future amendments and
supplements thereto- "Mortgage"), covering certain property ("Mortgaged Property") which,
among other things, includes the real estate descnbed in the Mortgage and the buildings,
improvements, fixtures and personal property now or hereafter located thereon.
C. The Lender, as a condition to making the loan evidenced by the Note, has required
the execution of a Construction Loan Agreement ("Loan Agreement") and certain related Loan •
Documents as defined m the Loan Agreement ("Loan Documents"), including this Assignment.
ACCORDINGLY, in consideration of the foregoing, the Borrower does hereby grant,
transfer and assign to the Lender all of the nght, title and interest of the Borrower in and to the
following-
(1) The Property Management Agreement entered into by Borrower concerning
management of the apartment complex to be constructed on the Mortgaged Property.
(2) All other of the Borrower's right, title and interest in and to all tangible and
intangible personal property and contract rights related to the Project located on the Mortgaged
Property not otherwise assigned to the Lender as an additional security for the Mortgage and
Note.
(3) Borrower's nght in any tax increment financing payments related to the
Mortgaged Property
(4) Low Income Housing Tax Credit reservation issued by the Minnesota Housing
Finance Agency related to the Project located on the Mortgaged Property
PNay 4, 2001 C2001 09 16
C \NINNT\PROFILES\NOLDJD\TEMPORARY INTERNET FILES\OLK2\ASSIGNMENT OF CONTRACT RIGHTS NPD b7k
(5) Numbers (1) through (4) above, aze collectively referred to hereinafter as
• "Contract Rights" or "Contracts"
The Borrower further covenants and agrees with the Lender as follows-
1 Warranties. The Borrower warrants and covenants that it is and will remain the
absolute owner of the Contract Rights free and cleaz of liens and encumbrances other than the
lien granted herein, and it has not heretofore assigned or otherwise encumbranced any of the
Contract Rights or Contracts to any person or entity; that it has the right under applicable law,
under the Contracts, under its Limited Partnership Agreement and otherwise to execute and
deliver this assignment and to keep and perform all of its obligations hereunder, that it will
warrant and defend the Contract Rights against all adverse claims, whether now existing or
hereafter arising
2. Performance of Contracts. The Borrower will faithfully abide by, perform and
discharge each and every obligation, covenant and agreement which it is now or hereafter
becomes liable to observe or perform under any present or future Contract, and, at its sole cost
and expense, enforce or secure the performance of each and every obligation, covenant, condition
and agreement to be performed under each and every Contract The Borrower will give prompt
written notice to the Lender of any notice of default of the Borrower which would cost more than
$2,500 to remedy with respect to any of the Contracts, and will also at its sole cost and expense,
appeaz in and defend any action or proceeding arising under, growing out of or in any manner
r connected with any Contract or the obligations, duties or liabilities of the Borrower.
3. Ri ts. In the event the Lender exercises its nghts under this Assignment, the
Borrower will not exercise, collect or accept performance of any rights or payment of any sums
under any Contract
4 Present Assi ent. This Assignment shall constitute a perfected, absolute and
present assignment, provided the Borrower shall have the nght to accept performance or to
collect any payment, but not prior to accrual of any right, or payment, and to retain, use and enjoy
the same unless and until an Event of Default shall occur hereunder The right of Borrower to
collect accept performance or any payment shall constitute a revocable license in favor of
Borrower revocable by Lender in accordance with this Agreement
5. Events of Default. It shall be an event of default under this Assignment upon the
happening of any default as defined or set forth in the Mortgage or any of the other Loan
Documents
6 Remedies Upon an Event of Default the Lender, without regazd to adequacy of
the security or solvency of the Borrower, may declare all balances immediately due and payable,
may revoke the license granted Borrower hereunder to accept performance and/or collect
payments, and may, at its option, without notice, either-
• PMay 4. 2001 C2001 04 16
C \NINNT\PROFILES\NOLDJD\TENPOAARY INTERNET FILES\OLK2\ASSIGT~TN'f~OF CONTRACT RIGHTS NPD b7k
(a) In person or by agent, with or without taking possession of or entering the •
Mortgaged Property, with or without bringing any action or proceeding, give, or require
the Borrower to give, notice to any or all parties under every Contract, authorizing and
directing each party to perforn under each Contract and/or pay all amounts due under
each the Contract directly to the Lender, enforce the performance and or payment thereof
and exercise all of the rghts of the Borrower under each Contract and all of the nghts of
the Lender hereunder; do all of the things permitted a receiver by statute or by this
Agreement, or
(b) Apply for appointment of a receiver, for which receivership Borrower
hereby consents to, who shall have all the rights permitted by Minnesota Law and all
rights permitted to Lender in this Assignment and who shall accept performance and/or
collect any payment, and perform the terms of this Assignment
7. No Liabilrty Imposed on Lender. The Lender shall not be obligated to perform or
discharge, nor does it hereby undertake to perform or dischazge any obligation, duty or liability
under the Contract; nor for the carrying out of any of the terms and conditions of any Contract.
8 Indemnification The Borrower shall and does hereby agree to indemnify and to
hold Lender harmless of and from any and all liability, loss or damage which it may or might
incur under any Contract or under or by reason of this Assignment and of and from any and all
claims and demands whatsoever which may be asserted against it by reason of any alleged
obligations or undertakings on its part to perform or dischazge any of the terms, covenants or
agreements contained in said Contract. Should the Lender incur any such liability, or in the
defense of any such claims or demands or a judgment be entered against Lender, the amount
thereof, including costs, expenses, and reasonable attorney's fees, shall be secured hereby, shall
be added to the amount due under the Mortgage and Note, and Borrower shall reimburse the
Lender for the same immediately upon demand, and upon the failure of Borrower so to do the
Lender may declare the Mortgage and Note in default and immediately due and payable
9 Miscellaneous. This Assignment is governed by Minnesota Law. Any provisions
found unenforceable or invalid shall be severable from this Assignment
IN WITNESS WHEREOF, the Borrower has executed this Assignment effective the day
and year first above wntten
Long Lake Villa Limited Partnership, Borrower
By Long Lake Villa, LLC, Its General Partner,
By,
Timothy L Nolde
Its Chief Manager
•
PNay 4, 2001 C2001 04 16
C \NINNT\PROFILES\NOLDJD\TEMPORARY INTERNET FILES\OLK2\ASSIGNMEN~OF CONTRACT RIGHTS NPD b7k
CITY OF STILLWATER ACKNOWLEDGMENT AND CONSENT
In consideration of the Lender malting the Construction Loan to the Borrower described
in the attached Assignment of Contract Rights (Assignment), the undersigned hereby consents to
the Assignment and acknowledges and agrees with the Lender as follows:
1 All definitions contained in the attached Assignment have the same meaning in
this Acknowledgment and Consent
2 The undersigned hereby consents to assignment of Contract Rights of the
Borrower to the Lender as collateral for the Note as defined in the Assignment
3 Upon the occurrence of an Event of Default under the Mortgage or Note, the
Lender shall have the right to require performance and/or payment by the undersigned, without
payment of any additional fees or charges, under any Contract, in accordance with the terms
thereof
4. The Lender may enforce the obligations of any Contract with the same force and
effect as if enforced by the Borrower, and may perform the obligations of the Borrower; and the
undersigned wiI1 accept such performance in lieu of performance by the Borrower in satisfaction
of the Borrower's obligations thereunder
• 5 The undersigned will not terminate the Tax Increment Financing (TIF) Agreement
on account of any default of the Borrower without prior written notice of such default to the
Lender and providing the Lender thirty (30) days to cure the default or assume the Borrower's
obligations under either the TIF Agreement. The undersigned agrees not to terminate the TIF
Agreement so long as the defaults of the Borrower thereunder are cured by the Lender. However,
nothing herein shall require the Lender to cure any default of the Borrower under any Contract,
including but not limited to the TIF Agreement.
Dated• .2001
CITY OF STILLWATER
By
Its
•
PMay 9, 2001 C2001 09 16
C \NINNT\PROFILES\NOLDJD\TEMPORARY INTERNET FILES\OLK2\ASSIGFAIENT OF CONTRACT RIGHTS YIPD b]k
t
~ ~e~norand~n
To: Mayor and City Council
From: Klayton Eckles, City Engineer ~ l~
Date: 5/11/O1
Re: Agreement for Lily Lake Water Quality Momtoring
~.. ~ .
DISCUSSION
For approximately the last ten years, City of Stillwater has been monitoring the
water quality of Lily Lake. This process has been accomplished using the services
of the Washington County Soil and Water Conservation Distnct and the
Metropolitan Council The estunated cost of continuing the monitoring of Lily Lake
is $2,150. In order to continue this process, it would be necessary to implement an
agreement with Washington County Soil and Water Conservation Distnct Attached
is a draft agreement which staffrecommends Council review and approve.
C7
•
Contract Number City of Stillwater 01-01
CONTRACT BETWEEN WASHINGTON SOIL AND
WATER CONSERVATION DISTRICT AND THE CITY OF STILLWATER FOR TECHNICAL ASSISTANCE
2001 Water Monitoring Program
A. PARTIES
This Agreement is made and entered mto by Washmgton Soil and Water Conservation, (SWCD), and the City of Stillwater
(Cih')
B. PURPOSE
WHEREAS, the CTTY has requested assistance from the SWCD to unplement the policies specified m MINK STAT §
103A 206, and
WHEREAS, the SWCD is authonzed to enter agreements to provide such assistance pursuant to MINN STAT § 103C 331,
SUBD 3 and 7
NOW, THEREFORE, the parties agree as follows
C. TERM OF CONTRACT
The term of this agreement shall be from March 1, 2001 to March 1, 2002 unless ternunated earlier as provided herem
D. SCOPE OF SERVICES
• The SWCD will perform lake water quality momtormg for Lily Lake The lake shall be momtored 14 tarries, on a bi-weekly
basis through the season and will be conducted m accordance with the Met Council CAMP program Momtormg shall consist
of lake level readmgs, secclu disk, total phosphorous and Chlorophyll-a In addition a temperature and dissolved oxygen
profile will be taken during each round and the CAMP program data sheet will be completed and submitted along with all
samples to the Metropolitan Council Reporting will be m the form of the annual Met Council Lake Momtonng Report
E. COST
In full consideration for services under this agreement, the SWCD shall charge the CITY a lump sum fee for its sernces The
total dollar amount of the work for staff as descnbed m item D above to be performed by the SWCD shall not exceed $2,150
F. BII.LING PAYMENTS
1 SWCD will bill the CITY for staff and lab fees m two payments of $1,075 Invoices will be sent m May and August
Invoices are payable by the CITY net 60 days
Page 1
1
G. EQUAL EMPLOYMENT OPPORTUNITY- CIVII. RIGHTS
During the performance of this Agreement, the SWCD agrees to the following •
No person shall, on the grounds of race, color, religion, age, sex, disability, mantal status, public assistance, crinunal record,
creed or national ongin, be excluded from full employment nghts in, be demed the benefits of, or be otherwise subjected to
discrinunarion under any program, sernce, or activity under the provisions of and all applicable federal and state laws against
discnminarion including the Civil Rights Act of 1964
If during the term of this Agreement, it is discovered the SWCD is not in compliance Rath the applicable regulations as
aforesaid, or if the SWCD engages in any d~scrminatory practices, then the ~1CiiV~ through the office, may cancel said
Agreement as provided by the cancellation clause of this Agreement C.~~
H. STANDARDS
The SWCD shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in
effect or hereafter adopted
Failure to meet the requuements of the above maybe cause for cancellation of this contract effective the date of receipt of the
Nonce of Cancellation
I. DATA PRIVACY •
All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the SWCD's
performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13 O1,
et seq Or any other applicable state statutes and state rules adopted to miplement the Act, as well as state statutes and
federal regulations on data pnvacy The SWCD agrees to abide by these statutes, rules and regulations and as they may be
amended
J. AUDITS, REPORTS, AND MONITORING PROCEDURES
The SWCD will
1 Maintain records which reflect all revenues, cost incurred and services provided in the performance of the
Agreement
2 Agree that the County, the State Auditor, or legislative authonty, or any of thew duly authonzed representatives at
any tune dunng normal business hours, and as often as they may deem reasonably necessary, shall have access to the
rights to exarmne audit, excerpt, and transcribe any books, documents, papers, records, etc , and accounting
procedures and practices of the SWCD which are relevant to the contract
C7
Page 2
. K. INDENINITY ~~~~
The Washuigton SWCD and the1GlGliB~ mutually agree, to the fullest extent permitted by law, to indemmfy and hold each
• other harmless for any and all damages, liability or cost (including reasonable attorneys' fees and costs of defense) ansing
from then own negligent acts, errors or omissions in the performance of their services under this agreement, to the extent each
party is responsible for such damages and losses on a comparative basis of fault Parkes agree to provide proof of contractual
liability insurance upon request
L. INDEPENDENT CONTRACTOR
It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the
relationship of co-paijtriers between the parties hereto or as constituting the SWCD as the agent, representative, or employee
of GA~~ a or any purpose or in any manner whatsoever The SWCD is to be and shall remain an independent contractor
with respect to all services performed under this Agreement
The SWCD represent's that it has, or will secure at its own expense, all personnel required in perfornung sernces under this
Agreement Any and i 11 personnel of the SWCD or other person, while engaged in the performance of any work or sernces
required by the SWCD under this Agreement, shall have no contractual relationship with the CMWD and shall not be
considered employee of the eiMi~B,
<.•'~-~
M. MODIFICATIONS
Any matenal alteratidn or vanahon shall be reduced to wasting as an amendment and signed by the parties Any alterations,
modification, or vanaltions deemed not to be matenal by agreement of the SWCD and the C1GfWD shall not requue wntten
approval ~~
N. MERGER
It is understood and
agreements and
incorporated or
O. TERMINATION
Either the SWCD or
days wntten notice p:
SWCD for sernces >;
•
that the entire agreement of the parties is contained here and that this contract supersedes oral
between the parties relating to this subject matter All items referred to in this contract are
and deemed to be part of the contract
may terminate this Agreement with or without cause by giving the other party thirty (30)
to the effective date of such termination If the Z1bR3~D terminates this Agreement, it shall pay to the
by the SWCD up to the date SWCD receive the notice of temziriahon
Page 3
1N TESTIMONY WHEREOF the parties have duly executed this agreement by then duly authorized officers a
APPROVED:
City of Stillwater
BY
Date
BY.
SWCD
BY
Board Chao
BY
Date
Date SWCD Manager Date
Approval as to form and execution
l ~
Assistant County Attorney
Date
E \wp\wp\L.GU~STC\2001 Water Momtonng Amt DOC
Page 4
•
To:
From:
Date:
Subje~
Mayor and City Council
Klayton Eckles, City Engineer
May 14, 2001 -C.B
Water Quality Monitoring for McKusick Lake
DISCUSSION:
Sumlar to our Lily Lake arrangement, Stillwater has been working vv~th MRWMO to get
sampling and momtonng data for McKusick Lake This year MRWMO won't be doing
momtoruig of McKusick Lake If Council desires to continue this momtoring process, we
can continue to do so by entering an agreement with Washington County SWCD The cost
would be the same as for Lily Lake, $2,150 These funds are available in the storm water
utility fund
Staff recommends Council approve an agreement vv~th Washington County SWCD to
complete water quality monitoring of McKusick Lake
•
•
MEMORANDUM
TO. Mayor ands Council
FR City
RE Bayport offer to sell
used Ladder Truck
DA• May 11,
Discussion
The City of Bayl
used 65 foot lack
Chief Kallestad
foot ladder truck
City thank Bayp~
Recommendation
Council decline o:
t recently purchased a 100 foot ladder truck and they have offered to sell their
truck to the City of Stillwater for $25,000 I have discussed this matter with
. other ranking Fire Department personnel and they have advised me that a 65
Auld not be very useful to the City Therefore, I would recommend that the
for their thoughtful consideration but that the City decline their offer.
by City of Bayport to sell ladder to City of Stillwat@r.
~/'~'u
•
•
C
To: Mayor and City Council
From: Klayton Eckles, City Engineer -~
Date: 5/14/01
Re: Bill for Middle St Croix River Water Management Organization
DISCUSSION
Attached to this memo is a copy of the bill from the Middle St. Croix River Watershed
Management Organization This bill is a portion of the City's dues for the yeaz 2001
Under riormal circumstances, city staff would recommend that the council pay this
installment of the City's annual dues However, the current situation is quite unusual
According to Washington County and the Minnesota Board of Water and Soil Resources, in
February, the Middle River became part of Brown's Creek Watershed Distract This came
about through atwo-year long process lead by Washington County to explore more efficient
ways of managing water resources Results of these studies indicated that merging some of
the watershed distracts would be more cost efficient and effective
mildly
take le
Middle
all of the
The q~
which
Waters:
party tc
taking
is prob.
actions
Staff
>ut the process, City of Stillwater was an active participant and generally we were
pportive of the merging process. In February, the Middle River WMO voted to
~ action against the merging with Brown's Creek Watershed Distract The
representative voted against this action According to the attorney representing
suer the legal action could exceed $20,000 in expenses This figure would use up
monies in reserve as well as fiscal year 2001 dues.
soon at hand is should the city continue to pay money to anoint powers group
cording to higher authorahes is essentially obsolete or redundant The City of
;r has taken the approach of trying to work cooperatively with Brown's Creek
ed Distract in order to build a working relationship to achieve common goals, being
a lawsuit could run counter to these ob~echves. Currently, both organizations are
~tions to govern water management activities within the watershed. This situation
bly the least efficient and therefore staffwould recommend council consider taking
o remove the City from the point powers organization
MMENDATION
commends that the city council consider the city's level of participation in the
St Croix River WMO Council may wish to withhold annual dues payments and
may wish to direct staff to explore legal avenues for dissolving the City's point
agreement with the WMO
t
•
To: Mayor and City Council
From: Klayton Eckles, City Engineer `l.~
Date: May 14, 2001
Subject: I Request for Algae Treatment of pond at Autumn Way
DISCUSSION:
Attached is a letter from Dick Miller of the Autumn Wood Association (AWA) The AWA
includes the townhome owners in the autumn wood development located on Autumn Way
on County Road 5.
In lus letter, Mr. Miller is requesting that the City of Stillwater participate in a seasonal
maintenance program to control the growth of submerge and floating weeds and algae in the
pond located at Autumn Way and County Road 5 The quote that Mr Miller presents from
Autumn Way estimates a cost of about $830. The AWA is requesting that the City
participate on 50/50 cost split
Although the proposed cost split would not have a senous unpact on the City's budget, Staff
is not recommending we participate for the following reasons.
1. Typical treatment is a temporary solution, which often has very short-hued benefits.
2 Use of chemicals can retard the growth of some plant species but increase the success
of others including emergent growth tike cattails, changing open water ponds into
cat~ail marshes
3. Currently the only areas where the City participates in these types of programs, is in
act~ve park situations such as Lily Lake If we change our policy concerning this
there are at least thirty other ponds and wetlands and other water bodies that could
fall under a more open city policy.
Staffre
against
~rriends that Council review the attached request, consider its meats and weigh it
ramifications of a policy that would allow a more widespread chemical
throughout the City.
n
.~
• Apri127, 2001
Mr Eckles, City Engineer
City of Stillwater
Dear Clavton,
I have enclosed an estimate from Lake Management, Inc for the seasonal cost of treating
the water ui the storm sewer holding pond adjoining our Autumn Wood Association
(AWA) properties Last year we experienced a significant increase in algae on the pond,
prompting requests for corrective action from many of our home owners The Lake
Management, Inc representative identified an additional problem with duckweed, which I
understand to be an aggressive and fast spreading water weed
The AWA Board of Directors have asked me to request participation by the City of
Stillwater in addressing this problem Since AWA residents enjoy the beauty of this natural
setting/city re~ource, we believe that the AWA should also contribute to resolving this
problem I am proposing a 50/50 split in the cost of seasonal water treatment of the pond
Please advise if I could be of assistance in moving this request forward or in seeking
approval Thank you for your assistance and consideration
Sincerely,
Richard J Miller, AWA President '
801 Autumn Way
Stillwater, Minnesota 55082
430-8193
•.
LAKE MANAGEMENT, INC.
Minnesota Operations
10400185s' Street North
Marine on St Croix, MN 55047
(659) 433-3283 Phone Fax # (651) 433-5316
PROPOSAL FOR AQUATIC NUISANCE MANAGEMENT PROGRAM 2001
Submitted to:
Date: Apri124, 2001
Richard Miller
801 Autumn Way
Stillwater, MN 55082 Phone (651) 430-8193
Lake Management, Inc. proposes to furnish at it's expense, all of the necessary materials, subject to state and
federal regulations, egmpment and labor as well as to direct and administer treatment as needed for the control
of the excessive growth of submerged and floating aquatic weeds and algae m the water area described as follows:
Pond - 2001 Seasonal maintenance program $828 90
(using the product Flurtdone because duckweed is present)
Seasonal maintenance program -Algae only $492 61
In consideration of the goods and materials furnished, use of equipment and services rendered, payment ~s to be:
To be determined Dollars ($ )
Terms. Net 30 days -Finance charge 1 '/:% month
Questions about our program or special requests should be directed to: Margy Pennings at (651) 433-3283.
Control of Watermeal is not guaranteed.
Lake Management, Inc. carries insurance for both liability and property damage and workers' compensation
and will, upon request, confirm that coverage by certificates issued to the customer.
This proposal may be withdrawn by Lake Management, Inc. if not accepted within 30 days.
ACCEPTANCE OF PROPOSAL
The above payment and conditions are satisfactory and are accepted. Lake Management, Inc.
is authorized to conduct the management program described above. Payment will be made
as indicated above.
Signature Date
Representing
May 9, 2001
FYI
Minnesota Council on Physical Activity and Sports
Announces Fourth Annual Awards of Excellence
The Minnesota Council on Physical Activity and Sports today announced the recipients of
their fourth annual Awazds of Excellence. The awazds are given to individuals, programs and
community group i that help improve the health of Minnesotans through physical activity.
"The creativity and diversity of this yeaz's Awazd of Excellence winners reflect the
increasing value that physical activity has in the lives of Minnesotans in their workplace and
community," said Ken Ecker, chair of the Minnesota Council. "It is our hope that others in the
state follow their li ad in promoting physical activity as a way of building a healthier Minnesota."
The Minnesota Council on Physical Activity and Sports promotes enjoyment and health for
all Minnesotans through physical activity and sports. The council is a lazge statewide network
made up of more than 150 individuals representing more than 75 public and private
organizations Th i council is administered by the Minnesota Department of Health.
The Awards of Excellence recipients are divided into three categories: individuals, programs,
and groups/org~tions. Fifteen recipients will be recognized for their achievements at local
events throu~houtl Minnesota.
•
Two local groups
Community Fitt
physical activity
fitness related fa~
people of all age
assessment of ne
walking routes. 7
Current partners
vohinteers,
Courage St. Croi
Stillwater Senior
Development. T7
Environment.
The walking mal
Environment at 6
Lakeview Hosui
opportunities T
activities, on-goi
and their infarns.
the importance fc
~i
were among this yeazs recipients:
ess Partners, St. Croiz Valley, strives to promote the benefits of regular
or the residence in the St. Croix Valley; increase the public's knowledge of
;ilities, resources and programs available in the community; and encourage
s to adopt an active lifestyle. They conducted a community walkability
w and existing walking routes, and developed and primed maps of these
he maps are being widely distributed throughout the community.
include the City of Stillwater, the City of Oak Pazk Heights, community
Lakeview Hospital, Stillwater School District and Community Education,
Center, Washington County Department of Transportation and Physical
group is facilitated by Washington County Departmern of Public Health and
s aze available from any of the partners or by contacting Public Health and
i I -430.6655.
tal, Stillwater, has been an innovator in offering numerous physical activity
~ese have included walking opportunities, senior wellness and active lifestyle
g employee wellness program, and asix-week activity session for new moms
They also obtained a grant from the Metro Area Council on Aging to focus on
r older adults to stay physically active to help prevent falls and fractures.
End
r
May 10, 2001
PRESENT:
STILLWATER TOWN BOARD MEETING
Stillwater City Municipal Building
Chairperson Sheila-Marie Untiedt, Supervisors Ken
LaBoda, David Johnson and Jim Doriott. Also, Attorney
Tom Scott, Planner Meg McMonigal, Rolf Dittmann and
Treasurer Warren Erickson.
7:00 P.M.
1. AGENDA - M/S%P LaBoda/Johnson moved to adopt the agenda as amended.
(4 ayes)
2. MINUTES - M/S/P Doriott/LaBoda moved to approve the 4/26/OI Stillwater
town board meeting minutes as written. (4 ayes)
3. TOWN HALL PROJECT - M/S/P LaBoda/Johnson moved to make out a partial
payment check for $2,500.00 to Johnson Housemovers. (4 ayes)
The following bids were accepted:
M/S/P LaBoda/Doriott moved heating and air conditioning @ $5,784.00 to
Springborn Heating. (4 ayes)
/S/P Johnson/L~Boda moved plumbing @ $3,425.00 to J. Scott Plumbing.
~4 ayes)
M/S/P LaBoda/Doriott moved roofing @ $7,738.00 to Hamann Roofing. (4 ayes)
M/S/P Johnson/LaBoda moved painting @ $6,230.00 to Living Color (Tim
Mortenson). (4 ayes)
M/S/P Johnson/L~Boda moved waterproofing @ $405.00 to Waterproofing, Inc.
(4 ayes)
M/S/P LaBoda/Johnson moved demolition @ $3,355.00 to River Valley
Restoration. (4ayes)
M/S/P LaBoda/Johnson
(4 ayes)
M/S/P Doriott/L~
Restoration. (4
M/S/P Johnson/L.
(4 ayes)
M/S/P LaBoda/Doi
Valley Restoratii
~. TREASURER -
1. Checks #:
moved framing @ $5,040.00 to River Valley Restoration.
i6oda moved finish carpentry @ $16,500.00 to River Valley
ayes)
iBoda moved sheetrock @ $3,425.00 to Walker Drywall.
•iott moved external trim and siding @ $6,600.00 to River
>n. (4 ayes)
15217 thru #15230 and #15232 were approved for payment.
Stillwater Town Board Meeting - 5/10/01
Page Two
2. Warren Erickson will send a recap sheet to the building inspector
showing how much of his money is being held, since 1998, for the
building inspector.
5. OPEN SPACE - The planning meeting in June will be a joint meeting with
the town board to discuss key issues re: a revised open space ordinance.
M/S/P Doriott/LaBoda moved that attorney Scott draw up the necessary
documents to place a moratorium on open space development for up to 6
months. (4 ayes)
6. AWARD CEREMONY - Duane Laabs and Eileen Sexton attended the National
Park Service meeting and dinner to accept an award on behalf of the township
for efforts made to protect the natural and historic aspects of Stillwater
Township.
Duane will create a letter to the Boundary Area Commission thanking them
for their supportive role and also a letter to Washington County suggestin
they revisit the tower issues again. He will review the letters with the g
board.
7. PARK CARE - M/S/P Johnson/LaBoda moved to accept Ron Vincent's proposal
to take care of Otto Berg Park and the park at Arcola Heights subdivision as
suggested. (4 ayes)
Maroneys will be asked to pick up garbage at the little Carnelian park
weekly. •
8. ADJOURNMENT - Meeting adjourned at 8:40 p.m.
Clerk
Chairperson
Approved
Li
cc s(ts~a~
Seasons
We're not dust Christmas anymore
We're a store for all seasons
~~~
May 7, 2001
Mayor Kimble
Clty of Stillwater
216 N 4~' St
Stillwater, MN 55082
Dear Mayor Kimble:
MaY 1 Q 2li~1
A special thank you to everyone involved with
the planning and construction of the dike.
Everyone's efforts are truly appreciated!
Sincerely,
Will Rogers
Owner
6S/ 6 S/ _
229 South Mam • Stillwater, Minnesota 55082 • (~#£i}430-1240 • Toll Free (800) 329-1241 • Fax E6#i?) 430-4929
OMMUNITY
OLUNTEER
ERVICE
of The St Crioix Valley Area
May 3, 2001
Mayor Jay Kimble
City Council Members
City of Stillwater
216 N Fourth St
Stillwater, MN 55082
Dear Mayor Kimble and City Council Members:
Community Volunteer Service (CVS) received the contribution from the City of Stillwater
in the amount of $3,300 on 4/20/01. The CVS Board of Directors and individuals who use
the services of CVS would like to extend a sincere "thank you" to the City Council of
Stillwater and its citizens for your continued support of the programs that CVS offers to the
city of Stillwater
The Stillwater Senior Center is an active place and is greatly appreciated by the senior
residents of Stillwater. Each year we offer a wider variety of programs to meet the needs of
the ever-changing senior population The CVS Volunteer Center was honored to assist
your skilled city managers with volunteers during the recent flood crisis. The City of
Stillwater and Community Volunteer Service has proven to be a successful partnership
through the years
Sincerely,
Louise Jones, resident
CVS Board of Directors
•
C~
2300 Orleans St. W Stillwater, MN 55082 651-439-7434 Fax 651-439-7616
Volunteer Center Stillwater Holiday Transportcrhon Neighborhood
of Washington County ~ Senior Center ~ Bureau ~ Service ~ Service Exchange
a=te.. -~~ _ _ aS ~,._ r k- "' `~°a;..$~ 'r-:eft;
•
•
MINNESOTA HISTORICAL SOCIETY ~~`~'~
May 3, 2001
Mayor Jay Klmbel
City of Stillwater
216 North Fourth Street
Stlllwater 55082
RE F Y 2001 Certified Local Government Award
Federal Grant Number 27-01-16423 005
Dear Mayor Klmbel
I am pleased to Inform you that on April 5, 2001, the Minnesota Hlstoncal Society's
Grants Review Committee reviewed the qty's Certified Local Government grant
application Their recommendation was to approve the request of $4,500 for a survey of
the W Churchill, Nelson & Slaughter's Addition
The Grants Office is In the process of preparing the Certified Local Government Grant
Agreement for your project This well 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 looks 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 at (651) 296-5478 or Mike
Koop at (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
345 KELLOGG BOULEVARD WEST /SAINT PAUL MINNESOTA 55102-1906 /TELEPHONE 651-296-6126
STILLWATER PUBLIC LIBRARY
223 N. FOURTH ST.
STILLWATER MN 55082.4806
(65 i) 439.1675 FAX (651) 439-00 i 2
Board of Trustees Meeting Agenda
Tuesday, May 8, 2001, 7 P.M.
1. Call to Order
2. Adoption of the Agenda A
3. Communications and Public Commentary I
4. Consent Calendar A
A. Adoption of Minutes
B. Payment of Bills
C. Monthly Activity Reports+
D. Other Activity Reports+
E. Web Site Usage Report*
F. Director and Other Staff Reports+
G. Financial Report+
H. Policy Review -See 6 Below
5. The Post-Expansion Library Discussion D+
6. Blood or Other Potentially Infectious Materials Policy A+
7 Ciry of Stillwater Capital BudgetBonding Study D+
8. Fund Raising A+ and
9. Dealing with Space Shortages -Action and Planning I+
10. Additional Library Tours I+
11. Internet Access Policy I
12. Committee Reports
13.Other
14. Adjournment
If you are unable to attend this meeting, please call Lynne (ext. 25) or Ann (ext. 17) before 5
P M. on Monday, May 7, 2001.
A=Action Item I=Information Item D=Discussion Item
+= Document in Packet *=Document to be Distnbuted at Meeting #=Document Previously Distnbuted
n
AGENDA ITEM 4.A.
•
STILLWATER PUBLIC LIBRARY
223 N. FOURTH ST.
STILLWATER, MN 55082-4806
651439-1675 FAX 651439-0012
Board of Trustees Meeting Minutes
Tuesday, Apri110, 2001
L'
Present:
Absent:
1. Call to Order
2. Adoption of
Fredell, Bill Hickey, Rick Hodsdon, Dick Huelsmann, Victor Myers,
ica Pack, ML Rice, Brian Simonet
Gorski Staff Present: Lynne Bertalmio, Carolyn Blocher
The meeting was called to order by President Hickey
Agenda The agenda was adopted without adjustment.
3. Communications and Public Commentary One suggestion included a
compliment for staff and the attention and help they provided for a patron.
4. Consent Calendar The consent calendar was adopted including payments of
bills totaling $18,055.12.
5. The Post-Expansion Library One goal of the Public Information Committee is to
provide Library Board Members with talking points, anecdotes, and specific
examples, which they can use when talking with people about the proposed library
expansion. Lynne and Carolyn provided information on collections and programming
dunng the second phase of this discussion. Board members are asked to indicate the
stories/anecdotes/examples that appeal to them as effective or compelling and get that
info to Board. member Rice.
6. 2001 Budget -Recommended Revision The Board discussed recommended
line-item changes based on the new contract with Washington County, the 2000
actual expenditures in some areas, and anticipated increases in natural gas costs. It
was motione i (Hodsdon), seconded (Hickey) and passed to approve the budget
revisions.
7. Building Expansion & Fund Raising The Board discussed a letter inviting
proposals fori afund-raising feasibility study. The letter was sent to several potential
consultants on Apri16`h with responses due by Apn127`h
8. City of Stillwater Goals Setting Process Lynne reported on a strategic goal
setting process she was involved in with other department heads and Stillwater City
Council members. The library was listed as number five of eight issues requiring
attention m the near future. Board discussion acknowledged the need for both
strategic internal and external marketing as we proceed with our expansion project.
9 2000 Annual Report Carolyn reported on the annual report required by the MN
Department of Children, Families and Learning. Board member Huelsmann
recommended compiling a different kind of "annual report" which would provide
user-friendly information and highlights about the SPL. The staff responded that they
would follow-up on the recommendation.
10. Matenals Handling Systems -the Techlogic Tour Carolyn reported on a system
she toured at the Ridgedale Iabrary, which automates handling of items returned to
the library
11. MLA Legislative Day -March 21, 2001 Board members Fredell and Myers
attended MLA Legislative day and met with our local senators and representatives.
They "planted the seeds" of our planned expansion.
12. Internet Access Policy The Director informed the Board of developments in
response to state and federal legislation concerning public Internet access. Rules have
been published, but they may not be final. She will continue to keep us posted.
13 Other None
14. Adjournment The meeting adjourned at 8.25 p.m.
•
•
C' ~ 11 1 ~ /
~0 1
ASSOtIat1011 Of
Metropolitan
Municipalities
Please join u;
Annual Meeti
May 31, 2001. T7
major member
each year for
membership.
AlI mayors, cc
ministrators &
staff are encow
is a great oppc
with your meta
your vote in tl
officers and dig
2001 ANNUAL MEETING
for the AMM's
~g on Thursday,
's is the first of two
up meetings held
OU -- the AMM
Zcilmembers, ad-
ianagers and city
;ed to attend. This
unity to dialogue
area peers and cast
election of Board
We will have a guest speaker from
the Legislature and a legislative
wrap-up to let , ou know exactly
what happened ~vvith crucial policy
issues during the 2001 legislative
session.
Please R.S.V.P.
Jennings at (651)
day, May 24. P1E
dietary needs w]
reservation. Thf
only attend the
but please R.S.V
reserved for voi
by calling Laurie
215-4000 by Thurs-
asespecify special
yen you make your
re is no fee if you
business meeting,
P. so a chair can be
Thursday, May 31, 2001
5:30 - 8:30 p.m.
Four Points Sheraton
Minneapolis Metrodome
1330 Industrial Blvd.
Minneapolis, MN 55413
$30 per person
(Guests are welcome!)
Social hour........5:30 - 6:30 p.m. (cash bar)
Buffet Dtnner .....................6:30 - 7:30 p.m.
Business Meeting ........................7:30 p.m.
FourPoints~
HOTEL S
Sheraton
x330 Il~iDUSTRIAL BOULEVARD
149NNEAPOLIS, MINNESOTA 55413
TEL: (612) 331-1900 FAX: (612) 331-6827
TO DUWTH
TO ST. CLOUD 4,
•~•.. / FARGO ui Z ~,
W
94 oe < N ,
694
~~
N OL
~ ~ ~'~ 694
~ ~ , j ROSEVILLE 35
~ 36 _,.~
lpp
280 V
4 TO STILLWATER
BROADWAY ~ .~
~' 1
z ST. PAUL
MEfR000~vtE .MOWN INDUSTRIAL
BLVD '^ I TO MIlW.1UKEE
~ 2 ~ ,~~ DOWNTO WN /CHICAGO
94 UNIVERSITY AVE. -"~
~
~ 94
MINNEAPOLIS
~ 55 ~ 3
~~
~~
'~, s2
35 ~~
~p
62 MINNEAPOLIS/ST. PAUL
CROSSTOWN INTERNATIONAL ~
AIRPORT 494
494
~ MALL Of
TO
AMERICA
iT0 DES MOINES ROCHESTER
We're Easy to .ern d !
FROM THE AIRPORT: Follow I-494 West out of the
Airport. Take I-35W North to Industrial Boulevard
(Exit #22). The hotel will be on the right side as you exit.
FROM THE NORTH: Follow I-694 to I-35W
South. Take the Industrial Boulevard exit (Exit #22).
Go left on Industrial and the Hotel will be on the right.
FROM THE SOUTH: Follow I-494 to I-3~W
North. Take the Industrial Boulevard exit (Exit # 22).
The hotel will be on the right side as you exit.
FROM THE EAST: Follow I-94 West towards
Minneapolis. Take Highway 280 North. At the first
stoplight (Broadway Street) take a left. Take a right
on Industrial Boulevard and the hotel will be on the
left.
FROM THE WEST: Follow I-394 East to I-94 East.
Take I-35 North to Industrial Boulevard (Exit #22).
The hotel will be on the right side as you exit
•
Stillwater Township
May l0, 2001
•
•
•
Chair
Call To Order
Agenda:
Minutes•
Treasurer:
Attorney:
Planner
Engineer:
Clerk:
Committees:
P_ eople: 8:00
OId Business:.
New Business•
Adjourn
Notes:
Untiedt
7:00 p.m. Regular Meeting
Adopt
Approve Minutes: April 26, 2001
l . Claims & Checks
Rolf Dittmann
Town Hall Discussion
1. Masonry
2. Heating and Air Conditioning
3. Electrical
1
l
t.
1
1.
L• 1. Ron Vincern re: 2001 Park Care Contract
1
1 Report on Award Ceremony
Claims Please
Remember Meeting at the Stillwater City Municipal Building
asio6iz0o1
Pat Bantu
STILLWATER TOWN BOARD MEETING
April 26, 2001 Town Hall
Present: Chairperson Sheila-Marie Untiedt, Supervisors Jim
Doriott, Ken LaBoda, David Johnson and Duane Laabs.
Also, Peace Officer Steve Nelson, Rolf Dittmann,
Attorney Tom Scott, Planner Meg McMonigal and
Treasurer Warren Erickson.
7:00 P.M.
1. AGENDA - M/S/P LaBoda/Johnson moved to adopt the agenda as amended.
(5 ayes)
2. MINUTES - M/S/P LaBoda/Doriott moved to approve the 4/12/01 Stillwater
town board meeting min~ites as written. (5 ayes)
M/S/P LaBoda/Laabs moved to approve the 4/19/01 Stillwater board of review
meeting minutes as written. (5 ayes)
3. TOWN HALL - Rolf Dittmann was present to discuss the town hall renovation
project.
M/S/P Johnson/LaBoda moved the following awards:
1. Excavating - Fiihr Trenching - $4,700.00. •
2.- Underpinning - Johnson Hotisemovers - $3,200.00.
3. Masonry - Heinlein Masonry - $15,281.00 and
Hendrickson Masonry - $20,680.00 - decision by Rolf Dittmann after
a reconsideration of gfialifications. Low bid to prevail. (5 ayes)
4. ADDITIONAL CONTRACTORS - At the next town board meeting a decision
will be made regarding the heat and air conditioning and electrical.
Low bid to prevail.
5. VARIANCE CONSIDERATION - M/S/P Johnson/LaBoda moved that in light
of information from Dennis O~Donneil, a variance is not needed for the
addition to the town hall. The township will proceed with the project.
Dennis is to notify the building inspector in writing. (5 ayes)
6. SITE PLAN - David Johnson will forward to the project manager
information needed for the site plan.
7. TREASURER -
I. Monthly report was given.
2. Checks #15193 thri~ #15213 were approved for payment.
8. TOWER ORDINANCE - M/S/P LaBoda/Laabs moved to authorize the
publication of Ordinance #124. (5 ayes)
9. SECRETARY OF STATE ELECTION RESOLUTION #4-26-1 - M/S/P LaBoda/Doriott
moved the signing of resolution #4-26-1 regarding elections. (5 ayes)
Stillwater Town Board Meeting - 4/26/01 Page Two
10. STEVE NELSON - The procedure for having signs pint yip was requested.
.Mike Raleigh wil take care of it.
A check is to be made abort no camping signs at Little Carnelian Park.
The insurance company will be notified.
11. RON VINCENT PARK CARE CONTRACT - Ron is requested to come to the next
town board meeting to talk about his contract for 2001. He is to start
mowing as soon as necessary.
12. MIKE RALEIGH- TRAIL COST ESTIMATES - M/S/P LaBoda/Doriott moved to
approve schedule #3 for trail maintenance as presented by Mike Raleigh.
7 hours ~ $50.00 = $350.00 per mowing and 6 hours ~ $65.00 = $390.00 per
blading. (5 ayes)
M/S/P Johnson/LaBoda move to refer Raleigh's schedule 1 and 2 re: trail
maintenance and improvements to the park committee for consideration and
recommendation. (5 ayes)
13. ADAMS AGREEMENT - M/S/P LaBoda/Johnson moved to approve the
encroachment agreement for lot 1, block 2 of Stonehenge 2nd Addition
that belongs to ~7ohn and Gerd Adams. (5 ayes)
14. ENGINEER - Patel Pearson is institi:ting a policy of sending o:it
checklists for road items that need to be dealt with. Supervisors and
personnel are pleased with this new procedure.
~5. COUNTY PLANNING - Townships in Washington County are questioning
hether the county should be so involved with local zoning. Stillwater
Township appreciates the county help bttt world agree to some modification.
At a county/township meeting recently the county commissioners were
receptive to comments and will consider the matter.
16. MEETING LENGTHS - M/S/P Johnson/Laabs moved that meetings lasting more
than 4~ hours meet the criteria for a doable meeting. (5 ayes)
M/S/P Johnson/LaBoda moved that those in attendance for the recent short
course qualify for double pay. (3 ayes, Laabs/Doriott abstain)
17. PARK REPORT
1. Park is ready for play equipment.
2. The upgrade of Little Carnelian Park is starting.
3. Request ,made for a bairn at the park in Arcola Heights Subdivision.
M/S/P Johnson/LaBoda moved that we approve the appropriate amount, to
be specified by Applied Ecology, for a prairie bairn at the park in Arcola
Heights Sttbdivis~.on. (5 ayes)
18. ADJOURNMENT ! Meeting adjourned at 9:45 p.m.
Clerk
•
Chairper
Approved
1' IH 7 -b4-GVJt71 11 • JJ L l I T Ur UI"I"'1
CITY OF OAK PARK I-IFIGHTS
TUE SD,AY, MAY 8, 2001
CITY' COUNCZ~ M~ETIl~TG AGENDA
z:oo P.Ni.
7:00 p.m. 1. all to Orde A o~ ends
7:05 p.m. II. Dep artment/Council Liaison Reports
A. Pl~rr+rg Commission
B. Parlxs Commission
C. Cable Commission
D. Water Mazlagement Organizations
1. Brown's Cxeel~ Watershed District
2. Middle St. Croix Watershed District
3. Valley Breach Watershed District.
E. Other Liaison/Sta~ reports
Spxiag Cleanup Report
7:10 p.m. YTY. Vieitors1Publie Comment
Recyc]iag Award (1)
~7is is as opportunsty iOr iris puDlio to addree9 Lne COUnCll wiTl1 questioae or conCerIIe oA issues sot part Of
the soar agenda. (Please (ixnit aomsneatc to 3 minutes in Ien~s.)
7:15 .m. IV. Consent A ends Rau Call Vote •
p ~- ( )
A. Appxave Bills ~ Investments
B. Approval o~ City Council Minutes -April 10, 2001 (2}
C. Approval o~ City Cw.neil Minutes - April 29,, 2001 {3}
D. Bell Property Mowing (4)
~. Para Attendant Wages (57
F. Material for May 15 Worksession (6)
7:30 p.m. V. Public Hearings
Millroad inn. Liquor License Violation (z)
7:45 p.m. VI. New Busixae~a
A. Polies Vehicle Trade In (8)
B. Pasty in the Pack (9)
C. Telecommunications Towers and Amteaaa Placement Ordiaar~,ce (10)
D. River Mills storm Water Retention Pond (11)
E. County Road Recomstrucizan Request (12)
LOCATION RX TIME 05104 'Ol 11.26
MAY-04-2001 113:
8:0o p.~. v1x- ol~
A.
• C.
8:30 p.m. VIII-
9:0o p.~n.
I~.
c5'ocia~gat~tsrirtg a
•
LSAT I ON
CITY OF OPH p,03~03
$outwell's Y.auding Parlx Recommendations (13)
Soutrovell'e Landing Pariz Dedicatio~a.l2eview (14)
Consultants for Meeting May 22, 2001 (].$}
s ~arnr~y ,Restaurant to fc~~oro
RX TIf'~ 05104 '01 1126 TOTAL P.03
WASHINGTON COUNTY
COUNTY BOARD AGENDA
MAY 8, 20019:00 A.M.
Dero~ C. HepMrp
District ,
DMrict 2
wally Abrahamson
Dbmict 3
District 4/gr.[r
Dick suttora
District 6
1. 9.00 Roll Call
2. 9:00 Comments from the Public
Yesttors may share thew rnncerns wuh the County Board of Commtsstoners on any Item on or not on the agenda The Charrwtll direct the County
Admenrstratortoprepareresponses toyourconcerns You are encouragednot to be repetthousofpreviousspeahersaud to hmrt your address to
five mveut¢s The Chan reserves the nght to Imett an tndtvrdual Srpresentagon f:t becomes redundant repetttrvq trrelevatt~ or overly
argumentative The Chau•may also Imttt the number of indtndualprrsentahonson any issue to occommodatethe scheduled agenda items
3. 9:10 Consent Calendar
4. 9:10 Community Services -Suzanne Pollack, Supervisor
Suitcases for Foster Children Presented by St. Mary's Catholic Church 2001 Confirmation Class
5. 9:25 Public Hearing -Office of Administration -Martina Johntz, Grants Coordinator
Consider the Revised Consolidated Plan for the HUD CDBG and HOME Programs,
Annual Action Plan for 2001 and Proposed CDBG/HOME Projects for 2001
6. 9.55 Decision Resources, Inc. -Bill Morris
Review and Comment on Citizen Survey Results
7. 10.40 Assessment, Tazpayer Services and Elections -Molly O'Rourke, Deputy Administrator
Agreement with the City of Woodbury -Responsibility for Assessment of Property
8. 10:55 Human Resources -Judy Honmyhr, Director
Re-establishment of the Position of Deputy Assessor/Appraisal Manager
9. 11:00 General Administration -Jim Schug, County Administrator
Legislative Update
10. 11:10 Commissioner Reports -Comments -Questions
Thispenod of tmteshall be used by the Commustonerato trport to thefull Board on commttteeacnnities, madre rnmments on matters
ofuUerestand u formation, or raise questtonsto thestaa: Tltte motion v not mtendedto ~srsult tit substantrweboard action dunng
this tune Any action necessary because ofdwtwslonwtUbe schedtdedfor a futureboard meeting
11. Board Correspondence
12: 11:25 Adjourn
13. 11:35 Board Workshop with Community Services
to
12:15 Status of Out-of-Home Placements in Washington County
14. 12:15 Lunch
15. 1:00 Tonr Open Space Developments/Cluster Developments
to
3:00 Hunter's Ridge II - Ekdahl Estates -Jackson Meadows
***MEETING NOTICES LISTED ON BACK***
Assistnre Bsterung dunces ere evedebte for use tit the County Boeid Room
W.
~e following items are
COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR
MAY 8, 2001
for Board approvaUadoption:
ITEM
Administration
Assessment, Taxpayer Services
and Elections
Comm~mity Services
Pubhc Health and
Transportation and Physical
Development
*Caacent Calendar items
elect to pull a Ginsem G
A. Approval of the April 24, 2001 Board meeting minutes.
B. Approval to renew on sale and oB'sale 3.2 percent malt liquor license for Veteran's Rest
Camp for the penod Apnl 1, 2001 to March 31, 2001.
C Approval of resolution, repurchase of tax-forfeited parcel to Kenneth E. Webber, forn~r
owner.
D. Approval of 2001 agreement with the American Red Cross of the 5t. Paui Area to provide
emergency social services and crisis response sernces for Washington County.
E. Approval of the School-to-Work Partnership grant for Year V between the Miffiesota
Department of Children, Families and Learning and the Community Services Workforce
Center Division to administer the grant for the Southeast Metro School-to-Work Partnership
beginning Apnl 1, 2001 through March 31, 2002.
F. Approval for the County Board Chair to execute an amendment to the Delegation
Agreement Rath the Minnesota Department of Agriculture relating to hcensing and
inspection of combined food establishments which are located at and owned by the operator
of a Washington County hcensed recreational camping area or manufacttired home park.
G. Approval to accept the donation of 2-cycle oil and l OW30 oil for the Sheriff s Office Water
Parks and Trails Unit, from Sam's Chib (hiver Grove Heights).
H. Approval of resohution authorizing the spht of Bayport Garage Property.
I Approval of resolution, seasonal materials bid award for sand material delivered to
Aggregate Industries, Miller Excavating and Eagle Trucking, Inc ,the lowest responsible
bidders conditioned upon the execution of a contract as regwred by law.
J. Approval of resolution, final payment m Progressive Co~ractors, Inc. for guardrail end
treatment on various County- Roads, badge painting on badge #82501 and bridge deck
repair for bridge #82509
K. Approval of resolution to convey Evertor Aveniie North right of way bo the City of Forest
Lake and create access opening tin CSAH 2. This resohution rescinds and stipercedes
Resolution No. 2001-042, dated April 17, 2001.
aallydefinedasitemsofrouttnebnsmess,>mtrequv'ingdiSCassion,andappmvedmo~newte. C,~mssiom~s>na)'
item(s) for discussion and/or separate action.
HE»@EBs NO BOARD METING MAY 29, 2001- 5'$ TUESDAY
Date Com
May 8 Personnel Can mittee
imnttee
8 Mental Health Advisory Council
9 Metropolitan 9 11 Board
ay 9 MELSA
May 9 Rush Line Cor ridor Steering Committee
May 9 Woodbury Lib rary Grrnmdbrealang
May 10 Cor»miinity St ~vices Advisory Committee
May 10 Central Comd or Coordinating Committee
May 10 Mumesota Ex tension Coirnnittee
MEETING NOTICES
Time
8 30 a.m
400pm.
10:30 a.in
1200pm
3.30 p m
4 00 pm
7 30 a.m.
4.00 pm
5.00 pm
Location
Washington County Governinent Center
Washington County Goveiru»ent Center
2099 University Avenue West - St. Paul
1619 Dayton Aveniie - St Paul
White Bear Lake City Hall
Radio Drive -Woodbury
Washington County Govemrnerit Centet
1919 University Avenue West - St. Paul
1825 Ctnve Crest Boulevard -Stillwater
~~ shst~,
_~ - ~~ •
~~ " -° 3 .
May 2, 2001 `
t _ _.
Sister Cities Commission - ---
City of Stillwater
216 4th St. N.
Stillwater, MN 55082-4807
Dear Friends:
The enclosed brochure will introduce you to an event planned by Friends
of Red Wing Sister Cities. It will take place on October 20 and we hope
this information will encourage you to make it part of your fall schedule.
The purpose of the presentation is two-fold: first, to introduce the Ethnic
Dance Theatre group to our community and to Sister Cities in our area; and
second, to support the student exchange program we have with our Sister City
of Ikata, Japan. The Ethnic Dance Theatre presents folk dance and music from
Eastern European and Asian countries in their fall program. This is a highly
professional group from Minneapolis and their programs promote an appreciation
for the culture and traditions of other countries.
Red Wing is a lovely city to visit, especially in the fall, and the Sheldon •
Theatre a beautiful facility for such a performance. Please let us know if
there are ways in which we can be helpful. Tickets are available directly
from the Sheldon Theatre as listed in the brochure.
We would appreciate it if you can circulate this brochure among your members
and others who might be interested. We hope to hear from you!
Sincerely,
FRIENDS OF RED WING SISTER CITIES
`~~ /~-
~ ~
Bert Madtson, Secretary - 651-388-6648
E-MAIL: mcreekvi@redwing.net
Joyce Johnson, Liaison - 651-388-5247
962 Linda Avenue, Red Wing, MN 55066
'~ y-
_V~
~J
•
C]
Bnng a fnend!
Bnng a carload!
Bnng a busload
ETfINIC 1NrNt~ ~Ii~TRE
Ethnic
Dance
Theatre
• •
Quilt Ra.ffie!
Help support
Sister Cities stu-
dents Enter to
win a beautiful
quilt, created and
donated by the
Frontenac Quilt-
ing Club. Tickets
will be sold
locally and at the
theater the night
of the perfor-
mance: $1 each
or $10 for a book.
The Fnends of the Red Wing Sister Cities Commission and
the Sheldon Performing Arts Theatre
.~
P
Ares ~''
The Ethnic Dance Theatre of yea elebration of cul-
tural diversity. The presentation " nd' escent Moon," features
Islamic and Eastern music c ; `~:
~'`„ 20, 2001
$ 15.00
Stu nts: $ 9.00
Group: $ 12.00
Sheldon Theatre, 443 W. 3rd St., Red Wing, MN 55066
Ticket office: 651-385-3667; fax line 385-3663
,,,
Fund razsang purpose: ~~~
To provide travel expenses for Red Wing students to participate in a
home stay with host families in our Sister Cities abroad. Objectives are
to help students grow in cultural experiences, and foster friendships that
transcend all barriers.
~i
iTNNIC Ol~lll~ Tli~lRg
Turkrsh dancers
BROWN'S CREEK
WATERSHED DISTRICT
1825 Curve Crest Boulevard, Stillwater, MN 55082
Te1:651-430-6826 Fax: 651-430-6819
AGENDA
MEETING OF THE BOARD OF MANAGERS
May 14, 2001
1 Regular Meeting
Board -Call to order at 4 30 P M
2 Executive (Closed) Session - 4.30 P M.
a) Review v~nth legal counsel to consider the status of condemnation proceedings for THPP.
(The Board of Managers intends to convene m executive (closed) session at 4 30 P M and to commence the regular
agenda at 6 30 P M )
3 Reconvene m open se'sston for the regular board meeting agenda at 6 30 P M -Approve Agenda
4 Approve minutes of Apn123, 2001 meeting Regulaz Boazd Meetings are held at
6 30 p m , at 1825 Curve Crest
5 Treasurer's Report Boulevazd, Stillwater, MN
6 Rules/Pernvts
a) Vuguua Plat -Grant -Action on pernut 00-02
b) Loggers Trail Golf Course -Grant -Action on perrmt # O1-02
c) Proposed Walgreens -Northeast corner of Osgood & Hwy 36 (Currently Bradshaw Funeral Homed Oak Pazk
Heights
7 Project Review and Updates
a) THPP Project Update
- Conderrmation Commissioner's filing with Court
- Sale of excess property
b) Kismet Basui- Update
8 Watershed
9 Old Business
a) Discussion
b) Joint Boun~
c) Enlazgeme~
d) Oak Park F
10 New Business
a) Mid-year b~
b) Discuss the
11 Communications & 1
12 Ad~oununent
Plan Update
id action on Resolution 99-11lProposed Resolution 01-03 -Rules Exception
ry Change Petition -Update
Petition Boundary Issues -Update
fights Cooperative Agreement/Long Lake Subwatershed Update
status and review of pnmary expenditures or protects
ble cancellation of the May 28s` BCWD Board Meeting
Managers:
Craig Leiser, President Karen Kiiberg, Vice-President E J Gordon, Treasurer Don Peterson, CAC L~ason Jerry Turnquist, Secretary
BROWN'S CREEK
WATERSHED DISTRICT
1825 Curve Crest Boulevard, Stillwater, MN 55082 Tel: 651-430-6826 Fax: 651-430-6819
Minutes of the Regular Meeting of the Brown's Creek Watershed District Board of Managers,
April 9, 2001
Washington SWCD Offices
1825 Curve Crest Boulevard
Stillwater, MN
ROLL CALL
Present Craig Leiser, President
Karen Kilberg, Vice President
Ned Gordon, Treasurer
Don Peterson ,Secretary
Jerry Turnquist
Call to Order
Meeting brought to order at 6.31 P M
APPROVED
Others Present Mazk Doneux, SWCD,
Admimstrator
Camilla Correll, FOR
Pat Conrad, FOR
Chuck Holtman, Legal Counsel,
Simth Parker, P L L P
Pam and Wayne BJorum, Citizens
Karl Ranum, Attorney
Representing Wolf Manna
Dawn Hilde, Recording
Secretary
Approval of Agenda
Manager Leiser requested that two items be added to the agenda: Swearing in ceremony for the newest
manager, Jerry Turnquist, to follow Agenda Approval and the Water Monitoring Report from the SWCD under
Old Business Mark Doneux requested an addition of a Cost Share Proposal by Bradshaw under New Business.
Konrad Koosmann sent evaluation forms with Mazk Doneux to be given out to the BCWD Board. This item
will appear under Old Business. Manager Leiser moved to approve the amended agenda, seconded by Manager
Gordon. MSP 4/0
Chuck Holtman swore in new manager, Jerry Turnquist. Manager Leiser welcomed Manager Turnquist to the
BCWD Board
Reading of Minutes and Approval
Manager Gordon moved to approve the amended March 26 2001 minutes seconded by Manager Peterson.
MSP 3/0/2
Treasurers Report -Manager Gordon
•
•
Apn19, 2001 Regular Meeting Minutes of the BCWD Boazd of Managers Page 1 of 4
• Manager Gordon circulated a payables last and moved to pay the listed items seconded by Manager Peterson
MSP 5/0
The present bank balance including the CD with interest is $201,372.28
Manager Gordon reported that he is now using the new computer He forwarded all of the paperwork for the
computer/pnnter to Mark Doneux for the watershed's equipment records.
Watershed Management Plan -
a) Review Oak Park Heights comments
Camilla Correll, EOR, will address the Oak Park Heights comments with Mark Doneux at a later date
Manager Peterson stated that Oak Park Heights must sign a cooperative agreement with the BCWD in order
for proposed projects in the City to be reviewed as a part of the AUAR.
Manager Leiser asked Carrulla Correll to waste a letter to Dan Edgerton, Bonestroo, asking him to please
review the latest edition of the plan before the BCWD responds to his comments. Manager Gordon
expressed interest in Mr Edgerton's third comment relating to listening to local governments concerns
b) Update From Work Group
Summary Memorandum -Manager Kilberg asked if the BCWD had given enough consideration to the
Intergovernmental Workshop. Manager Leiser replied that he considered these comments to be of
importance in the two year combined plan. He felt this meeting was the first of the community involvement
process meetings with the City of Stillwater BWSR has directed the BCWD to sponsor community
involvement meetings with all the communities in the enlazgement area as an element in the orderly
• integration
The BCWD went through the second generation draft plan, page by page. Changes and corrections were
suggested to Camilla Correll and Pat Conrad, EOR, and they agreed to make the changes. The revised draft plan
will be sent out to all the cities and townships for a second review and comments before it is submitted to
BWSR
Camilla asked if the BCWD is planning to include funds in the 20(?2 budget to complete the combined
watershed plan due within two years. Manager Leiser expressed concern with committing BCWD funds for this
new combined plan before the BCWD knows what the new tax base will be. Manager Leiser stated that BWSR
has directed the BCWD to adopt the present plan for the expanded area until we have completed combining both
sets of plans into one. The implementation of rules from the onginal BCWD into the integrated areas can begin
after discussion and awareness meetings with Stillwater, Bayport, and Oak Pazk Heights. Only Bayport was
unaware of the rules until our community outreach meeting.
Recess at 8 23P M
Reconvened 8 28P M.
Manager Kilberg asked that some of the new items in the plan should have costs attached so that the BCWD can
evaluate them Manager Leiser replied that if we have to put exact dollars to each proposed project we would
never meet our deadline with BWSR. He stated that the BCWD would decide at a Iater time which, if any, of
the mentioned projects will be done and then revise any budgetary estimates at that time
• Manager Leiser asked Camilla to make the suggested changes before the next meeting and walk through the
plan one more time before sending it out for comments
Apri19, 2001 Regulaz Meeting Minutes of the BCWD Board of Managers Page 2 of 4
Project Review and Updates •
THPP Project Update The Condemnation hearing has been going on for 5 days and is not completed There is
one more meeting planned for April 16. No comments will be made until after the hearings are completed
-Sale of Excess Property -Update
No update.
b) Kismet Basin Easement and Perrrut Update Pat Conrad, FOR
Pat Conrad reviewed the meeting at Manager Leiser's house for most of the involved landowners The
landowners were generally in agreement with the project Sterners were very supportive of the work on the east
side of Lansing The next step is to work on the easements for the property owners. The only specific concern
expressed by landowners was the location of easement and construction relative to existing trees. Pat asked the
BCWD to approve surveying work for these easements. The BCWD agreed
Rules/Permits
Mark Doneux stated there were no permits for approval tonight. The Pony Express and Virginia Plat will be on
the agenda for permit approvals at the next meeting.
Loggers Trail EAW - Mazk reviewed the comments. Manager Gordon stated that one of his neighbors is
involved in the Loggers Trail Corporation If anyone sees a conflict of interest from this please let him know
Several clarifications to the EAW were requested FOR will revise the comments accordingly and submit the
letter to Mark Doneux.
Manager Leiser asked Mark Doneux to contact the Loggers Trail developer and ask them to appear at a future
meeting to discuss the project.
Old Business
a) Resolution 01-01 Draft Resolution -Stream Protection and Improvement Loan Program
Manager Kilberg moved, seconded by Manager Gordon to pass Resolution Ol-01 with corrections.
MSP 5/0
b) 99-11 -Resolution As To Applications of Rules To Existing Local Government Approved
Development This resolution will be rescinded and replaced with Resolution Ol-02.
Resolution 01-02 Manager Peterson and Mark Doneux have been working on the language for
Resolution 01-02 Manager Peterson has been concerned that the BCWD remain consistent with their
exemptions to peririits. If something was platted before January 1, 2000, the developer/builder must
obey the rules or ordinances of the local community. If there aze no ordinances, the developer/builder
must follow the BCWD rules. RegazdIess of whether or not the site was platted before Jnauazy 1, 2000,
the deveIoperPouilder must follow the BCWD rules on erosion A permit will be required, even if the
approved plat was from before January 1, 2000. The approval will not be considered an exception but
will be a permit Stormwater issues will be controlled by the local commumty rules or ordinances.
The BCWD directed Chuck Holtman and Manager Peterson to review and complete the Ianguage in this
Resolution. It will be reviewed at the next meeting.
Settlers Glen -They have machinery on the property, but because of the thaw they quit working for •
awhile. The developer has agreed to notify the District when they begin working on the site.
April 9, 2001 Regular Meeting Minutes of the BCWD Board of Managers Page 3 of 4
• c) Joint boundary - no revisions or information.
d) Water Monitoring Report -Mark Doneux
Manager Leiser and Manager Gordon suggested some changes in this report Manager Gordon thought all
of the results were important but would like to see the report arranged differently. He asked Mark to start
with an Executive Summary of the findings, followed by Conclusions and Recommendations The data and
methodology would follow
New Business
a) Konrad Koosman had requested the BCWD fill out evaluation forms for the SWCD and Mark Doneux
The forms were handed out to the Managers with the request that they be returned within a week
b)SWCD Contracts
Mark Doneux presented the contracts for Administration and Water Monitoring to the BCWD. The contract
for Administration is $28,000 and the contract for Water Monitoring is $22,760 1Vlanager Leiser asked
Chuck Holtman to review the contracts They will appear on the next meeting's agenda for approval
c) Cost Share Proposal by Bradshaw
Mark Doneux explained that the SWCD has a cost share program available for innovative stonnwater
treatment He has been working with Mr. Bradshaw on this program for a development on the corner of
Hwy 36 and County Rd. 5 At the present time, runoff would be draining directly into Long Lake The
proposed project would eliiriinate or reduce the drainage to Long Lake. Mark asked the BCWD to support
this project by a Resolution addressed to the SWCD and BWSR Manager Gordon moved, seconded by
Manager Kilberg to approve this Resolution The BCWD amended the Resolution MSP 5/0
Manager Kilberg stated that the temporary walking bridge across Brown's Creek was holding back water and
causing flooding Manager Leiser asked Mark Donuex to approach the property owner about removal of the
bndge
Communications & Report
The Washington County "Staying in Touch" mentioned some constriction work on Hwy. #57 this summer.
The Metro MAWD Chapter Meeting will be held at the RCWD on Apnl 17 from 7.00 - 9 OOP M
Public Hearng Notice for Oak Park Heights.
Manager Leiser recessed regular meeting at 10.16P M for Executive Session. The purpose of the Executive
Session is to review the condemnation hearing and the Rice issue.
Manager Leiser reopened the regulaz meeting at 10.38P M. Manager Gordon moved to adiourn the meetin¢,
seconded b Manager Kilberg MSP 5/0
Respectfully Submitted,
Dawn Hilde, Recording Secretary
Apn19, 200I Regulaz Meeting Minutes of the BCWD Board of Managers Page 4 of 4
WASHINGTON COZjNTY ~`"~~°
COUNTY BOARD AGENDA °"°'~` Z
W.IIy tlbrahamsoe,
Distelct 3
MAY 15, 2001, 9:00 A.M. ~i ~" ~
seattora
1. 9:00 Roll Call D1a~` s
2. 9:00 Comments from the Pablic
Yrsetors tray share them concerns weth the County Board of Commuseoners on airy:tens on or not on the agenda ?Tie Chaer-nll drred the County
ddmr-ustratorto prrpareresponses to yaw concerns You are encowagednot to be repetitiousofpreveousspeakersand to l:tnrt yaw addrnss to
Jive menutes TTie Chan reserves the nght to larut an rrrdtvtdual ~Spresentateon f rt bernmes redundant, -epehtiv~ emelevant, or overly
argumentative 7Tie Chaer tray also lem:t the number of endevrdualpresentattonson airy issue to accommodatethe stdieduled agenda hems
3. 9:10 Consent Calendar
4. 9:10 Transportation and Physical Development - Don Wisniewski, Director
Transportation Week in Washington County
5. 9:15 Public Health and Environment -Judy Hunter, Senior Program Manager ,
Solid Waste Management Coordinating Board's 2000 Project Accomplishments
6. 9:25 Financial Services -Edison Vizuete, Director
Proceed with the Refunding of the 1992A Series Bonds
7. 9:30 Community Services Department - Dan Papin, Director
Report on the Status ofOut-of--Home Placements
g. 10:10 General Administration -Jim Schug, County Administrator '
A. CDBG & Home Plan Approval - Martina Johntz, Grants Coordinator
B. Legislative Update
9. 10:40 Commissioner Reports -Comments -Questions
7Teu period of time shall be used by the Commesseoners to report to the full Board on commrtteeacttvtttes,makecomments on matters
of tnterest and enjormateon, or raise questions to the staff' T7ees action -.s not emended to result en substantiveboard action dururg
this tune dry action necessary because of ducusseon well be scheduledfor a future board meeting
10. Board Correspondence
11. 11:00 Adjourn
12. 11:00 Board Workshop with Public Health and Environment
to
11:45 Continue Discussion on the Future of the EMS Radio Communications Board
BEMI~E$• No Board Meeting on May 31, 2001- 5"' Tuesday
MEETING NOTICES
Date Committee Time Location
May 15 Finance Commmttee Meeting 8:30 a.m Washington County Government Center
May 15 Law Enforcement Memorial Day 12.00 p m Law Enforcement Gerber -Stillwater
May 15 IDtA Board Meeting 3:30 p.m 1584 Iiadley Avenue Nardi -Oakdale City;
May 15 Tobacco Free Future Coalition 400 pm. Washington County Government Center
May l6 Plat Commission 9.30 a.m. Washington Crnmty Government Center
May 16 Transportation Advisory Board 2:00 p.m 230 East Ss` St Mears Park Ceirtre - St. Paul
May 17 Workforce Investment Board 7:30 a.m. Washington County Government Center
Assrsbva ~staninp deveces are avsr7eble for use Ir- the County Board Room
' WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR
MAY 15, 2001
~e following items are presented for Boazd approvaUadoption:
DEPARTMENT/AGENCY ITEM
Administration A. Approval of the May 1, 2001 Board meeting minutes.
B. Approval to appoint Milton Knoll, Jr , Woodbury, to the Groundwater
Advisory Committee.
C. Approval to reappoint John Bower, May Township and Richard Bohrer,
New Scandia Township, to the Carnelian Marine Watershed District Board
of Managers to terms expiring June 21, 2004.
Assessment, Taxpayer Services D. Approval of three day on sale 3.2 percent liquor license for Scandia Softball
and Elections Tournament, May 18,19 and 20, 2001.
Community Services E. Approval of contract with ORION ISO, Inc. to provide home and
community-based services for persons with development disabilities.
Human Resources F. Approval for a substitute supervisory position of Administrative Technician
for anon-supervisory position of Office Specialist in the Sheriffs Office,
• and authorization to petition the Bureau of Mediation Services for a unit
determination.
Transportation and Physical G. Approval of resolution, lease amendment No. 4 for space lease in the
Development Government Center for the Department of Economic Secunty with the State
of Minnesota
•Coffieat Caleadar~tems are generally defined as items of routine business, not requnmg d>scuss~on, and approved m one vote. Cotes may
elect to pull a Consent Calendar aem(s) Eor d~scussron and/or separate action