HomeMy WebLinkAbout1993-06-25 CC Packet Special Meeting
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THE BIRTHPLACE OF MINNESOTA ~
June 25, 1993
M E M 0
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
SPECIAL COUNCIL MEETING, TUESDAY EVENING, 7:00 P.M., JUNE 29,
1993, OAK PARK SCHOOL GYMNASIUM.
This memo is a reminder to Council that a Special Meeting has been scheduled
for Tuesday evening, June 29, 1993 at 7:00 P.M. in the Oak Park School
Gymnasium, 6355 Osman Ave. No., to discuss the following:
1. This is the day and time for the public improvement hearing on the
Sidewalk Improvement Project, L.I. 274.
Notice of the hearing was published isn The Stillwater Gazette on
June 18 and 25, 1993 and mailed to affected property owners.
2. Fire Contract Extension.
3. Any other business Council may wish to discuss.
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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TO:
FROM:
DATE:
SUBJECT:
M E M 0
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
JUNE 25, 1993
ITEM #1 ON THE AGENDA - L.I. 274, SIDEWALK IMPROVEMENT
PLEASE BRING YOUR COpy OF THE FEASIBILITY REPORT WITH YOU TO THE MEETING ON
TUESDAY.
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MEMORANDUM
TO: Mayor and city Council ~~
FR: Diane Deblon, Finance Director
DA: June 23, 1993
RE: FIRE CONTRACTS EXTENSION
The City Council previously approved extending the fire contracts with the
townships to June 30, 1993. The Met Council normally has the information (used
in the fire contract calculations) available at the end of May.
The Met Council has informed the City that this information will not be available
until July 1 of this year.
I am requesting the City Council to authorize the extension of the current
contract to August 31, 1993. Since the information from Met Council is not
available until July 1, 1993, the townships will not be able to act on the new
contracts until their meetings in August.
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STILLWATER
AREA SCHOOLS
~
Effective Learning Through Excellence In Education
1875 SOUTH GREELEY STREET
STillWATER, MINNESOTA 55082
439-5160 · V-TDD
Charles Hooley. Mayor
Stillwater City Hall
Dear Mayor Hooley and Council,
Thank you so much for the generous gift of your sculpted eagle donated to
the city by the Aldeni family. It now occupies a place of prominence in
our commons area under a sky light.
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Our staff and students are excited with your gift because this fine piece
of art adds dignity to our new school. It sets a majestic tone for all of us
as well as our guests.
Sincerely,
4
Don Hovland, Principal
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Steve Studer, Vice Principal
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Arlette Egan, Student Council Director
An Equal Opportunity Employer
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STILLWATER JUNIOR HIGH SCHOOL
NATIONAL EXEMPLARY SCHOOL
110 E. Pine Street. Stillwater, Minnesota 55082
Phone 439-5160 ext,202
DONALD G. HOVLAND, Principal. STEVEN H. STUDER, Assistant Principal
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VINTAGE BOAT FOUNDATION OF THE MIDWES~INC,;;(;}t
VINTAGE MOTOR BOAT SHOW , ~....... ..~... .........;i~
. '.. ..-..-.-..-...-..-..--...-. -_....-.....'..... ---.....,,-.... -7'" ..:. --..'-.- .... ..' .... . ........:......
. _,_.'.' _._ ,___,_ .,___.__~, _ _~____ .__.__,,__~._ __._0> ..~ _' _ _ - - -- --," -. ~*-..~-_._~...
_ . ..' . ..' t '..
June 1 1993
~.
Friends of the Foundation,
This letter is your special invitation to participate in a long week-end of
vintage boat activities on the St. Croix.
Our good friend and patron, Bob Speltz, decided in 1990 that he was no
longer in a position to hold the Real Runabout Boat Show liThe Vltirld Series of
Antique Boat Shows. II With Bob's blessing the First Vintage Motor Boat Show
was held in Stillwater, Minnesota and featured the Larson Fall's Flyers.
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Please read the registration,retumASAP and look forward to .afun tinle.
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'..::~V<'" . ,
CARMEN CRAIG'. "'P;;'ject Coordinators ',' JE~NE' CRAIG ~~~
Main Street · Stillwater.. Minnesota 55082 · Phone (612) 439-5442
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VINTAGE BOAT FOUNDATION OF THE MIDWEST
423 SOUTH MAIN STREET, STILLWATER, MINNESOTA 55082
(612) 439-5442
JEANNE K. CRAIG
DIRECTOR
CO-FOUNDER
.-,.
STEVEN GRANGER
ARCHIVIST
OUTBOARD HISTORIAN
"---'G'E'ORG I FLORY
LEAGUE OF WOMEN BOATERS
BOOKSTORE
THE VINTAGE BOAT FOUNDATION OF THE MIDWEST IS A NON PROFIT
MINNESOTA CORPORATION FOUNDED IN MAY OF 1990, AND DEDICATED
TO THE ACQUISITION, RESTORATION, PRESERVATION AND DISPLAY OF
SPECIAL INTEREST VINTAGE CRAFT, MOTORS, AND MEMORABILIA OF
REGIONAL HISTORICAL SIGNIFICANCE.
To ENSURE THAT THE OUTSTANDING TRADITION OF MIDWEST BOA~ING
HISTORY WILL HAVE AN ONGOING PRESENCE, AND TO INCREASE
PUBLIC AWARENESS OF THIS RICH HISTORY, A LIBRARy/MUSEUM HAS
BEEN ESTABLISHED IN BOB SPELTZ'S NAME. ApPROPRIATELY, THE
VINTAGE BOAT CENTER/MUSEUM IS LOCATED IN THE FAMOUS BRICK
ALLEY COMPLEX IN HISTORIC STILLWATER ON THE ST. CROIX, THE
BIRTH PLACE OF MINNESOTA, FOUNDED 1854.
A NATIVE MINNESOTAN FROM ALBERT LEA, ON FOUNTAIN LAKE,
BOB'S LIFE LONG LOVE AFFAIR WITH BOATS, BOATING AND BOATERS
LEFT US A PRINTED, ENDURING LEGACY OF 1,884 PAGES, CONTAINED.
IN SIX VOLUMES OF THE REAL RUNABOUTS.
THE LIBRARy/MUSEUM WILL PROVIDE BOAT ENTHUSIASTS WITH
ARCHIVAL RESEARCH RETRIEVAL ON THE MANY HISTORICAL ASPECTS
OF OUR MIDWEST BOATING HERITAGE. As BOB WAS MOST GENEROUS
AND SUPPORTIVE, MOST OF HIS VAST ACCUMULATION OF MATERIAL
WAS SHARED WITH A NUMBER OF MUSEUMS AND SPECIAL INTEREST
GROUPS. THE FOUNDATION WAS FORTUNATE TO BE INCLUDEDAND~WILL
IN TURN SHARE WITH ALL OTHERS.
A MOST SPECIAL PROJECT OF THE VINTAGE BOAT CENTER/MUSEUM IS
THE ESTABLISHMENT OF A WORLD CLASS COLLECTION OF TOY AND
MODEL BOATS, MOTORS AND RELATED COLLECTIBLES. BOB GAVE US A
HEAD START ON THE COLLECTION WITH A NUMBER OF HIS PERSONAL
BOATS LAST YEAR. ADDITIONAL GIFTS HAVE FOLLOWED FROM
"FRIENDS OF THE FOUNDATION."
THE "REAL RUNABOUTS" BOOKSTORE IS OPERATED ON A VOLUNTEER
BASIS BY THE LEAGUE OF WOMEN BOATERS. ALL PROFITS DERIVED
FROM THE WHOLESALE/RETAIL SALES OF BOOKS AND RELATED
MERCHANDISE AND ACCESSORIES ARE USED TO MEET THE DAY TO DAY
OPERATING EXPENSE OF THE CENTER.
SINCE THERE IS NO ADMISSION CHARGE TO THE PUBLIC, THE
FOUNDATION WELCOMES YOUR PARTICIPATION, AND NEEDS ALL YOUR
SUPPORT THROUGH DONATIONS OF TIME, MONEY, ENERGY, KNOWLEDGE,
MEMORABILIA AND MORE. WE THANK YOU FOR YOUR INTEREST AND
YOUR PAST SUPPORT. HAPPY VINTAGE BOATING!
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~VINTAGE MOTOR BOAT SHOW IV
Saturday, July 10th
11 :00 a.m. -4:00 p.m.
Sunday, July 11th
11 :00 a.m. - 3:00 p.m.
"CRUSIN" ON THE RIVERS II
Thursday, July 8th
Friday, July 9th
Boat Show registration is $35.00. and covers Saturday night (only)
moorage, and assorted appetizers, refreshments, beer and wine at a formal
opening of Vintage Boat Center/Museum, Bob Speltz Library, following the
show from 5:30 - 8:30 p.m. Saturday.
e Please list all persons in your party who plan to attend the reception, as it
will assist us in our planning since space is limited. Thanks.
~~~~~~~~~
Skipper
Crew
Clip & Mail - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
1 st Mate
Crew
A check for $35.00 payable to "Vintage Boat Show" should accompany the registration
form and thanks for mailing same by July 5th.
Address:
Vintage Boat Center/Museum, 423 S. Main Street, Stillwater, Minnesota 55082
Boat(s) Registration and Information
Exhibit on land / Bayport ( ) In water / Bayport ( ).
All on-land displays will be secured overnight at Bayport.
Year
Manufacturer/Other
Length
e Name
Model
Engine
Cyl./Horsepower
For information on greater Stillwater area Chamber of Commerce: 612-439-7700.
Suggested lodging: Stillwater Super 8 (612) 430-3990, Stillwater Inn (612) 4301300.
* River Cruise information & registration call Ray Ellis (612) 781-6092 or (612) 472-3976.
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TO:
FROM:
SUBJECT:
r illwater
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THE BIRTHPlACE OF MINNESOTA J
June 23, 1993
M E M 0
CHARTER COMMISSION MEMBERS
SCOTT KELLER, CHAIRMAN
MEETING ON WEDNESDAY, JUNE 30, 1993, 7:00 P.M., CITY HALL COUNCIL
CHAMBERS, 216 No. Fourth St.
A Charter Commission meeting is scheduled for Wednesday, June 30, 1993 at
7:00 P.M. in the City Hall Council Chambers. Discussion includes the
following items:
1. Meeting with Mayor Hooley to discuss Land Use Regulations.
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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RE:
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4.
MEMORANDUM
Mayor and city Council
City Coordinator
June 29, 1993
PROCEDURES FOR SIDEWALK IMPROVEMENT HEARING
1.
Mayor Hooley announces that this is the day and time for the public
improvement hearing on the sidewalk improvement project. Local Improvement
#274.
Dick Moore will then describe the nature of the improvement including the
area of the improvement and the amount proposed to be assessed. Dick will
also present photos (overhead) of sidewalks that staff are recommending
be reconstructed. Many residents will probably object to their sidewalk
being reconstructed and the photos can be used to determine whether or not
their objections are valid.
The Mayor should then allow persons to be heard.
After the public has been heard, the Mayor should close the hearing and
allow Council to discuss the proposed improvement.
5. Possible actions of the Council are:
Option #1: Adopt resolution Ordering the Improvement and directing the
engineer to prepare plans and specifications for the
improvement.
Option #2: Adopt resolution continuing the hearing on Local Improvement
#274 (to a future date).
Option #3: Adopt resolution to deny the improvement.
staff will advise Council as needed for other issues related to the improvement
at the meeting.
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RECOMMENDED "ADDITIONAL" CHANGES
TO THE
SOLID WASTE COLLECTION AGREEMENT
1. Add to Section 2. Definitions:
Adjusted accounts shall mean units where not more than two people reside
within a household and that the head of the household is 62 years of age
or older or is retired by reason of permanent disability regardless of age.
2. Eliminate 2nd paragraph of Section 3. Billing. (This language is not
needed anymore because City will do all of the billing.)
3. Change 2nd paragraph of Section 9 to read (change is underlined): Multi-
family residences of three or more units, bed and breakfasts and businesses
operated out of a residence shall be entitled to choose the container size
of their choice at the normal rate, or in lieu of containers, a dumpster
of similar capacity. If a dumpster is provided in lieu of a container,
the rate charged for the dumpster shall be at the 90-gallon rate per unit
except that for multi dwelling units containing 50 or more units which are
rented exclusively to persons whose head of household is 62 years of age
or older, the rate shall be $9.00 per unit.
Also change remainder of Section 9 (all of page 4) to read:
The rate for collection per month shall be as follows:
For each
For each
For each
Adjusted
$13.75
$17.75
$19.75
$12.00 (30
container)
gallon
30 gallon container
60 gallon container
90 gallon container
accounts
Monthly the city shall remit the sum of $1.25 to the contractor for each
bag or sticker sold.
Residents who will be continuously absent from the City for more than 90
days shall be entitled to a reduced rate of $5.00 per month during the
period of their absence.
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June 28, 1993
AGREEMENT
THIS AGREEMENT, made this day of ,199 ,
by and between Junker Sanitation, Inc., "Contractor," and the city
of Stillwater, a municipal corporation, of the County of
Washington, State of Minnesota, "City;"
WITNESSETH:
1. RESIDENTIAL REMOVAL
Contractor shall provide for the removal of garbage and
rubbish from all residential dwellings in the city.
single family residences shall constitute one unit and
each unit of multiple dwellings will constitute one unit.
2.
DEFINITIONS
"Adjusted accounts" shall mean units where not more than
two people reside within a household and that the head of
the household is 62 years of age or older or is retired
by reason of permanent disability regardless of age.
"Normal household waste" is defined as food waste, paper,
plastics, metal beverage and food cans, glass, household
hazardous waste, packaging material for household items,
construction debris and other mixed municipal waste
typically generated by the normal household except that
which is defined as "extra household waste" and which
must be placed in the contractor provided 30, 60 or 90
gallon containers or special city bags.
"Extra household waste" is defined as bagged yard waste,
tree branches and bundled brush not exceeding four feet
in length or forty pounds per bundle, other extra waste,
such as appliances, furniture, doors and windows, and
which is not required to be placed in special city bags.
"Excess household waste" is that normal household waste
that exceeds the capacity of resident's container, and
that is subject to a special fee for pick up.
"Curb" or "Curbside" shall mean that area of the private
property immediately adjacent to the side of the roadway
that is maintained as a roadway.
The items listed in each definition shall be considered
examples of the type of solid waste wi thin each category.
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All other terms or phrases used in this contract shall
have the meaning given to the terms in the Solid Waste tt
Management Plan as approved by city council Resolution
No. 91-239, dated December 4, 1991.
3.
BILLING
4.
The Contractcpr will receive compensation monthly directly
from the c~ty, based on city records relative to
occupancy o~ residential dwellings. The City shall be
responsible ifor billing and collecting charges from all
units which $hall include apartment dwellings, including
apartment dwellings in the central business district,
condominium land townhome buildings, Bed and Breakfast
operations and businesses operating out of a residence.
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DISPOSITION ~F SOLID WASTE
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The Contractor shall dispose of the solid waste as it
deems advis~?le, but in compliance with City, County,
State and Feperal laws and rules. The Contractor shall,
upon the reqpest of the city, advise the city in writing
of the place! and method of disposal and of any changes in
the place o~ method.
5.
WEEKLY PICKUP AND DAILY SERVICE HOURS
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The Contractor shall make a curbside pick-up at all
residential rnits in the city at least once a week during
the term of~this agreement. All solid waste from each
dwelling, i cluding yard waste and other material shall
be collecte . on the same day.
Daily serviqe hours shall not begin prior to 6:00 a.m.
nor continu~ past 10:00 p.m.
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After the cdntractor has picked up the solid waste from
a residence,j the Contractor shall return all containers
to a point at least 12 feet from the curb.
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6. PHYSICALLY IMPAIRED DUE TO AGE OR DISABILITY
The Contrac .or shall not require that aged or physically
impaired re~idents make their solid waste available at
curbside anti shall make arrangements with each such
resident tojaccommodate collection and return of their
containers.
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7.
QUANTITY
LIMITS
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The pick up of both normal or extra household waste shall
be unlimited in quantity. However, the fee for
collection of normal household waste shall be as provided
for in section 9--Volume Based system of the contract.
There shall be no charge for the collection of extra
household waste.
8. EXCLUSIONS
The Contractor shall not be obligated to collect: rocks,
sod, cement, dirt, stumps or logs in excess of five
inches in diameter.
9. VOLUME BASED SYSTEM
The Contractor shall furnish and deliver containers for
normal household waste in 30, 60 and 90 gallon sizes to
residents. Residents shall be allowed to choose the
number and size of the container for their residence and
will be billed according to the fee schedule listed
herein. If the Contractor chooses to supply containers
that are slightly larger than the sizes listed above, it
shall be considered in compliance with this provision.
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Multi-family residences of three or more units, bed and
breakfasts and businesses operated out of a residence
shall be entitled to choose the container size of their
choice at the normal rate, or in lieu of containers, a
dumpster of similar capacity. If a dumpster is provided
in lieu of a container, the rate charged for the dumpster
shall be at the 90-gallon rate per unit except that for
multi dwellinq units containing 50 or more units which
are rented exclusively to persons whose head of household
is 62 years of age or older. the rate shall be $9.00 per
unit.
In the event a residence desires collection of waste in
excess of the container size it has selected, it shall
purchase stickers or bags from the city that shall
entitle the residence to an additional 30 gallon bag of
normal household waste. If a sticker is used, the
sticker shall be affixed to the bag and the Contractor
shall not be obligated to pick up the excess normal
household waste without having a sticker attached or
unless it is an off icial city bag. However, the
Contractor is required to pick up unlimited quanti ties of
extra household waste at no additional charge.
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The Contractor shall not be obligated to change container
size at intervals of less than two (2) billing quarters
and upon less than thirty (30) days notice.
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The rate for collection per month shall be as follows:
For each 30 Gallon container
For each 60 Gallon container
For each 90 Gallon container
Adjusted Accounts
$13.75
$17.75
$19.75
$12.00 (30 gallon
container)
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Monthly the city shall remit the sum of $1.25 to each bag
or sticker ~old.
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Residents wHo will be continuously absent from the city
for more thap 90 days shall be entitled to a reduced rate
to $5.00 pe~ month during the period of their absence.
10. CLEAN UP DAYS
The Contractor shall provide a competitive bid for the
provision of labor and collection equipment to conduct
"Clean Up Days" for the collection of extra household
waste if re1uested to do so by the City.
The Contrac~or shall also provide the labor and equipment
to conduct a "Clean Up Day" for rocks, dirt, cement and
sod only, o~ one Saturday each Fall and one Saturday each
spring, without charge to the city or to residents of the
city. .
11. DATA RETENTION
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The Contrac~or shall compile and retain solid waste data
and report this data to the city on a form furnished by
the city atileast once every 6 months. In addition, the
Contractor ~hall furnish the city copies of solid waste
reports tha1f are submitted to Washington county. Failure
of the conttactor to furnish this data within 20 days of
it being dljle shall enti tle the city to withhold any
payments du~ the Contractor until the data is received.
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12. COOPERATIONi
The contractor agrees to meet and cooperate with the city
council anq the Solid Waste Advisory Commission when
requested bY the City and to study and evaluate the waste
collection ~ystem in order that the goals of the Solid
Waste Mana~ement Plan of the City be realized, and if
necessary, i based upon regulatory changes and
technologicFil advances, be modified. Further, the
Contractor ~grees to cooperate in the development and
distributiob of educational material to help improve
solid waste. generation and disposal attitudes and habits.
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13. COMPLAINTS
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The Contractor shall establish and maintain an office for
accepting complaints and resident calls. The office
shall be in service during the hours of 8:00 a.m. and
4:30 p.m., Monday through Friday, except holidays and as
specified in the contract. Address and telephone number
of the office and any changes shall be given to the City
in writing.
Whenever the City or a resident notifies the Contractor
of a location that has not received scheduled service,
the Contractor is required to serve the location no later
than the following working day from the time of
complaint. A record of all complaints and action taken
thereon shall be kept by the Contractor and reported
monthly to the city. All complaints shall be answered by
the Contractor courteously and promptly.
DISPUTE RESOLUTION
The Contractor shall in good faith attempt to settle any
dispute arising with residents. In the event the parties
cannot resolve a dispute, the matter shall be submitted
to a dispute resolution committee, hereinafter called
"DRC." The purpose of the DRC shall be to resolve any
dispute between the Contractor and a resident, as
expeditiously as possible.
The DRC shall consist of three members, the city and
Contractor shall each appoint one member, these two
members after consultation with the party who appointed
them, shall together select the third member. All
procedures for the DRC shall be informal. Failure of the
Contractor to remedy the causes for complaint within 10
days of written notice from the DRC of their findings
shall be considered a breach of this contract.
The Contractor may appeal the findings of the DRC to the
city Council in writing within 10 days after notice. A
decision of the city Council is final.
CITY SOLID WASTE
In addition to residential service, the Contractor shall
pick up without additional charge, such trash as is the
responsibility of the City, or which is accumulated by
the city, or for the City, such as street cans and park
barrels, provided that, if the city does not provide its
own containers or dumpsters for this purpose, the
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Contractor shall not be obligated to provide either e
containers or dumpsters without payment of a rental fee.
16. EQUIPMENT
The Contractor shall provide adequate equipment for the
collection of garbage and rubbish and the equipment shall
be of a design and construction specifically manufactured
for garbage ~nd rubbish hauling. Upon request from the
City, Contraptor shall provide a written description of
the vehicles! and equipment to be used wi thin the city,
and the Contractor shall make such vehicles and equipment
available for inspection from time to time as the city
may require.
17 . OTHER LAWS
The Contractor shall comply with all City, county, State
and Federal laws and rules, relating to solid waste
collection alnd disposal.
18. SCHEDULES
The Contractor shall furnish the City a written schedule
of the area in which pick-ups will be made each day of
the week and the Contractor shall adhere to this schedule
unless permitted otherwise by this contract. However,
the Contractor shall be excused from this schedule
because sevdre weather makes it impossible. This shall
not, howeveJ" relieve the Contractor from the pick up,
which shall be made as soon as weather permits.
CHANGE IN C LLECTION SCHEDULE
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19.
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The contrac~or may request a change in the schedule by
requesting l'he change in writing to the city at least
fifteen (15) days from the proposed date of the requested
change. . change shall be effected only upon
authorizatidn from the city and upon publication at least
once in a n~wspaper of general circulation in the city
during the 4eek before the change.
The Contractor shall not be required to make regular
collections Ion New Years Day, Memorial Day, Independence
Day, Labor! Day, Thanksgiving Day or Christmas Day;
provided, t*at the routes are collected reasonably in
advance therleof or thereafter in the opinion of the city
coordinator'L It shall be the Contractor's responsibility
to notify residents of any changes in the collection
schedule as !a result of the holidays.
The contracior may also request a change in the route 4t
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schedules by requesting the change in writing to the city
at least thirty (30) days from the proposed date of the
requested change. A route change shall be made only upon
authorization by the city.
EMPLOYEES
The Contractor agrees to pay all necessary Federal Social
Security taxes and all State and Federal taxes required
by law, and at its own expense will cover all employees
with Workers' compensation Insurance as provided by law.
contractor further agrees to comply with all laws of the
State of Minnesota and the united States regarding the
employment of persons.
21. INSURANCE
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Contractor shall also carry Automobile Liabili ty
Insurance, Public Liability Insurance and Property Damage
Insurance, all with Combined Single Limits of $1,000,000
and shall deliver a certificate of Insurance regarding
the required policies to the City that names the City as
an Additional Insured "as their interests may appear."
INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the
city, its agents, officers and employees from any and all
claims, causes of action, liabilities, losses, damages,
costs, expenses including reasonable attorney's fees,
suits, demands and judgments of any nature, because of
bodily injury to, or death of, any person or persons,
because of the Contractor or others and arising under
this contract, including loss of use from any cause
whatsoever, which may be asserted against the city on any
such matters, and to pay and satisfy any judgment entered
thereon together with all costs and expenses incurred in
connection therewith. The City shall in no way be liable
for any claims or charges incurred by the Contractor in
the performance of this contract.
BOND
Contractor shall furnish a performance bond as required
by law in the amount of $2,500.00 which will be delivered
to the city to secure the faithful performance of this
contract. However, in the event the Contractor proposes
to assign or transfer this contract, the City reserves
the right to increase this amount as a condition of
approval of any assignment or transfer.
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24. NEGOTIATED PRICE - TERMINATION BY CONTRACTOR
25.
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The contract price shall be subject to negotiations upon
each one year interval during the regular term and any
extension or.renewal term, subject to the condition that
in the event the Contractor and the City are unable to
arrive at a satisfactory agreement relative to an
increase or decrease in the amount of the contract, the
Contractor may be relieved of his responsibilities under
this contract, upon one hundred eighty (180) days written
notice to the City of his intention to terminate the
same.
It is agreed that the contract price, even though subject
to negotiation, shall be fair and reasonable and designed
to meet the necessary costs of service, including a fair
rate.of ret~rn on the costs of property devoted to the
serv~ce. I
TERMINATION ~Y CITY
The City may at any time, terminate the contract for a
breach of the terms by the Contractor or for
unsatisfactory performance. All terms and conditions of
the contract are considered material, and failure to
perform any of the terms or conditions shall be
considered a breach. Should the Contractor fail to
perform any ,term or condition, the city shall have the tt
right to terminate the contract after 30 days written
notice to th~ Contractor of the violation and the failure
of the contFactor to remedy the violation within that
time. The city shall not be limited to an action for
damages for i breach. Failure to exercise the option to
terminate the contract for a breach shall not be deemed
a waiver of ,the right to terminate for future violations
or for future unsatisfactory performance.
26. 24-HOUR NOT+CE
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27.
If the Cont~actor shall fail to make a garbage pick-up at
any residence, it shall do so within twenty-four (24)
hours afte~1 notification from the City of the address
where the ~ick-up was not made. The Contractor shall
also respon~ promptly upon request by the city to clean
up any spills or loose solid waste that results from its
operation.
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REASONABLE ~EGULATIONS
The City reJerves the right to make additional reasonable
regUlation~ regarding the performance of the Contractor
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after consultation with the Contractor.
28.
CURBSIDE RULES AND REGULATIONS
The City agrees to enact and to continue in effect
reasonable regulations obligating its citizens to make
the solid waste reasonably accessible to the Contractor
on the day of collection.
In addition, the city agrees to amend the Solid Waste
Ordinance of the City to require at least the following
regulations, rules and consumer requirements:
a) That residential solid waste service is mandatory and
collectable only by the authorized Contractor;
b) That the consumer shall be responsible for the damage
or loss of a container caused by their negligence and
shall be liable to the Contractor for this damage, except
that reasonable wear is expected;
c) That no mixing of household waste, yard waste,
hazardous waste or other solid waste is permitted;
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d) That no container be unreasonably compacted by
stuffing or otherwise;
e) That a 30 gallon bag of waste not exceed 30 pounds,
and a bag of yard waste not exceed 40 pounds;
f) That all bags be closed at the top and the lid fit
securely shut on each container.
g) After collection by the Contractor, containers shall
be returned by the Contractor to a point at least 12 feet
from curbside.
29. TRANSFER OR SALE OF CONTRACT
The Contractor will not make any total or partial sale,
assignment, conveyance, lease, or transfer of this
Agreement or any part thereof or any interest therein,
without the prior written approval of the City, which
approval will not be unreasonably withheld.
The City shall be entitled to require, as conditions of
any such approval that:
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Any proposed transferee shall have the qualifications and
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financial responsibility, as determined by the city, a
necessary and adequate to fulfill the obligations ,.,
undertaken in this Agreement by contractor; and
The transfer does not create an antitrust problem in the
local refuse hauling industry that in contrary to the
interest of the residents of stillwater; and
Any propose~ transferee, by instrument in writing
satisfactory! to the city for itself and their successors
and assigns, .has expressly assumed all of the obligations
of the contr~ctor under this agreement and agreed to be
subject to a~l the conditions and restrictions to which
the Contrac~or is subject. It is the intent of this
section, tdgether with other provisions of this
agreement, that to the fullest extent permitted by law
and equity ~o transfer of, or change with respect to,
ownership orl any part thereof, or any interest therein,
however, conpummated or occurring, whether voluntary or
involuntary,: shall operate, legally or practically, to
deprive or limit the City of any rights or remedies
provided fori in this agreement.
There shall be submitted to the City for review all
instruments and other legal documents involved in
affecting th~ transfer, and if approved by the City, its
approval sha~l be indicated to the Contractor in writing. It
The proposel transferee shall submit to the city for
review all onds, insurance policies and any and all
other docum nts required by this agreement, and if
approved by the City, its approval shall be indicated to
the proposedi transferee in writing.
30. GUARANTY OF NONDISCRIMINATION
The contra~. or agrees that during the life of the
contract, t e Contractor will not, within the State of
Minnesota, d' scriminate against any employee or applicant
for employm~nt because of race, color, creed, national
origin or attcestry or sex and will include a similar
provision ip all subcontracts entered into for the
performance lthereof. The contract may be cancelled or
terminated b~ the City and all money due or to become due
may be forfe~ted for a second or subsequent violation of
the terms pr conditions of this paragraph. This
paragraph isl inserted in the contract to comply with the
provisions qf Minnesota statutes Subsection 181.59.
31.
EXPIRATION i
This agreem+t
after
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shall be in full force and effect from and
until December 31, 1999.
It
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32. RENEWAL TERMS
The parties agree to begin a period of renegotiation of
the contract not less than one year before the end of the
contract term or renewal term. Notwithstanding, the
foregoing, the Contractor may apply for two 3-year
extensions by making application to do so not later than
twelve (12) months prior to the expiration of this
contract or its renewal term on forms provided by the
city. The City shall conduct an evaluation of the
Contractor and the solid waste system and the proposal.
This evaluation shall be completed by the City within six
(6) months after receipt of the application and
determination by City of its completeness. If the
evaluation reveals that the Contractor has shown
substantial performance of the contract or a renewal
term, the Contractor shall be entitled to two, 3-year
renewal terms beyond the contract term.
Nothing in this contract shall be construed to require an
extension of this contract. Upon expiration of the
contract and renewal terms, the City shall have the
right, at its election, to extend the contract; invite
addi tional contract applications or proposals or
terminate the contract without further action.
IN WITNESS WHEREOF, We have hereunto set our hands the day and
year first above written.
JUNKER SANITATION, INC.:
By
By
CITY OF STILLWATER:
By
Its Mayor
By
Its Clerk
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STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
The foregoing insJrument was acknowledged before me this
day of I' 199 , by and
, on behalf of Junker Sanitation, Inc.
I
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STATE OF MINNESOTA )
)
COUNTY OF WASHINGTON)
The foregoing
day of
and
stillwater.
NOTARY PUBLIC
ls.
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ins1rument was acknowledged before me this
'1 199 , by , Mayor,
i ~ Clerk, on behalf of the ci ty of
NOTARY PUBLIC
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