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HomeMy WebLinkAbout1989-07-06 CC Packet Special Meeting . . . r illwater '~ - - ~ ---- -~ THE BIRTHPLACE OF MINNESOTA J June 30, 1989 M E M 0 TO: FROM: MAYOR AND COUNCIL MARY LOU JOHNSON, CITY CLERK SPECIAL COUNCIL MEETING, JULY 6, 1989, 4:30 P.M. SUBJECT: This memo is a reminder to Council that a Special Meeting is scheduled for Thursday afternoon, July 6, 1989 at 4:30 P.M. to discuss the following: 1. Review of Tax Increment Financing policy. 2. Possible Executive Session to discuss Police Contract. 3. Any other business Council may wish to discuss. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 /~LJ . . . . 1 June 29, 1989 Ms. Mary Lou Johnson City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear MaryLou, This letter is in request of a permit to hang the Lumberjack Days banner over Main Street, as soon as possible. I know that you must also receive permission from the State as 95 is a State Highway, so please let me know as soon as it is approved. The banner is currently being updated and I will have -it delivered to the Fire Department next week. Thanks for your assistance on this matter. . Brick Alley Building. 423 So, Main Street · Stillwater, Minnesota 55082-5127 · (612) 439.7700 dIII!IIii::",,;;< New Richmond (715) 246-2900 Area Chamber of Commerce June 29, 1989 Stillwater City Administrator Dea r Sir, This letter is to formally request permission to put up a banner that is 30 feet by 3 feet advertising the Joie Chitwood Show at the Cedar Lake Speedway. This event is sponsored by the New Richmond Chamber of Commerce and Iten Chevrolet. It will occur on Sunday July 23 at 7:00 p.m. This event ties in with New Richmond 1989 Fun Fest of July 21, 22, and 23. We would 1 ike to request the banner be placed west of the stop sign as you come across the bridge from Wisconsin approximately 100 feet. /i II ! j , U arrangements for putting it up and taking at 246-5631 if you have any questions questions about the Chamber involvement, Ri~hmond Chamber of commerAe) ~ Thank you, f -I( @~ ~ov--- Kathy Mason Administrative Assistant New Richmond Chamber of Commerce Cedar Lake Speedway will make the it down. Please contact Gary Cook about the banner. If you have any please contact Ch is White at ,New 150 W, 1st Street. New Richmond. WI 54017 .. - -.-- .n 183 University Ave, East St, Paul, MN 55101.2526 (612) 227.5600 (FAX: 221.0986) League of Minnesota Cities- June 27, 1989 TO: Bulletin Subscribers FROM: Jean Mehle Goad RE: Governor's Field Hearings* GOVERNOR SETS REFORM TIMETABLE, PLANS FIELD HEARINGS To solicit the advice of citizens and local government officials on property tax reform issues Governor Perpich is planning 10 field hearings in the state. . The League encourages city officials to participate. Any city officials interested in testifying should contact the League (see registration form). Please send a copy to the League. The League plans to testify at two of the regional hearings. The tentative schedule is: DATE TIME LOCATION June 28 9:00 - 11:00 a.m. Duluth Area paulucci Hall 350 Harbor Drive June 28 1:00 - 3:00 p.m. Moorhead Heritage Hjemkomst Interpretive Center 202 - 2nd Street North July 6 10:00 - Noon , Rochester Kahler Hotel Windsor Ballroom, Subway Level 20 - 2nd Avenue Southwest 2:00 - 4:00 p.m. Worthington Worthington Community College Cafeteria 1450 College Way . ~coC>.J q,0 ~~. DATE TIME July 11 10: 0_0 '" LOCATION . Noon Brooklyn Park community Center, Community Room 5600 - 85th Avenue North 2:00 - 4:00 p.m. Bemidji Holiday Inn July 20 Marshall Southwest state University Lecture Center, Room 217 10:00 - Noon Bloomington Creeks ide Community "Center Minnesota Valley Room 9801 Penn Avenue 2:00 - :00 p.m. July 25 st. Cloud Civic Center Opportunity Suites 10 - 4th Avenue South 10:00 - Noon Minneapolis Minneapolis Community ColJ..ege 1424 Yale 2 : 00 - : 00 p. m. Each hearing will last one in the afternoon. According to Perpich, h and local aids reform. 0 expects to approve a re by August 10. Legislat mid-september. The pro after the August 23 rev state funds would be av . two hours, with one in the morning and and his staff plan to develop property tax tions through July. The governor said he orm plan and transmit it to the Legislature ve hearings will probably take place through erty tax plan might see further refinement nue forecast which could mean additional ilable for property tax relief. Finally, the governor h s stated that if he has prior agreement on a compromise tax bill fro legislative leaders then he will call a special session by Sept mber 30. *PLEASE NOTE: The attached registr tion form was omitted from the June 23, 1989 Bulletin. .. . . . . Testimony Regi5trationfor Governor's Hearings on Property Tax Reform The governor is holding hearings to collect the public's views on the property tax system. The information will be used in developing a plan for reform, which he will present to the special session of the legislature, Representatives ofinterested groups ormem- bers of the general public are encouraged to testify. If you wish to testify, please fill out this form and send it to the address below. In the space below, please be sure to write your comments or questions on the topics of interest to you, City where hearing will be held Date of hearing Your last name First name and initial Daytime phone number Your street address City or town Zip code Name ot organIZation you represent (It any) Please check to show the issue or issues of concern to you: D 1, Property tax rates on: o rental housing 0 homes and farm homes D business property 0 cabins and recreational property o other property (list type): o 2. Differences in property taxes on similar properties in different areas of the state D 3, The roles of state and local governments in financing local services D 4. State aid programs and payments to: o counties 0 cities 0 towns 0 school districts D 5. State-paid credits and refund programs for homeowners and renters D 6. Other (please explain below) Briefly state your comments or questions on the topic(s) you have checked above: Mail this testlmony registration form to: Governor Rudy Perpich · Governor's Omce. State Capitol. St. Paul. MN 55155 . . . M E M 0 TO: FROM: MAYOR AND -COUNCIL NILE L. KRIESEL, CITY COORDINATOR JUNE 30, 1989 CURBSIDE RECYCLING PROGRAM DATE: SUBJE CT: Enclosed is the Solid Waste Advisory Committe's recommended recycling implementation strategy. I believe the strategy is a workable one. There reamins only one problem at this time and that is to determine what the cost (and service fee) will be. Jim Junker is asking for a $1.00 per month per household increase to provide curbside recycling. This amount seems comparable to the rate charged in other cities. However, based on our most recent increase to $14.65 (regular) and $11.25 (senior), I believe this increase will be very unpopular. The City can subsidize the rate by the funds we are eligible to receive from the County which is $2.00 per year per household which amounts to about 17~ per household, leaving a net charge of about 83~ to contend with. I plan to talk to Jim and the County before our meeting on Thursday and hope to have some better thoughts on how to deal with the cost of the program. ?~ . . . SOLID WASTE ADVISORY COMMITTEE RECYCLING IMPLEMENTATION STRATEGY 1} Introduction Based on a study and recommendation of the Stillwater Solid Waste Advisory Committee, the Stillwater City Council approved the implementation of a voluntary curbside recycling program. The Advisory Committee was then directed to develop an implementation strategy for the recycling program. This report is basically a summary of the issues or elements of the recommended recycling program rather than a comprehensive and detailed report. The Committee recognizes that more details are necessary. However, it was felt that City staff would be able to work out specific details with the recycling contractor. 2} Pickup Schedule and start Date a} Pickup will be made every other week on the same day as the regular pickup. b} Start date will be August 1, 1989. 3} Containers a} At this time, recyclable materials, can be placed in boxes, bags or other containers. However, the container(s} will not be returned to homeowners. Specialized containers will probably be used in the future when the City gets into a more comprehensive (mandatory?) recycling program. 4} Material to be Recycled a} Paper- 1} Newspapers and corrugated (cardboard) paper only. No magazines, glossy paper, catalogs, phone books or other paper accepted. 2} Newspapers must be tied in bundles, boxed or placed in paper bags. Corrugated paper should be flattened and tied in bundles. 3} Newspaper and corrugated paper should be bundled separately and not mixed with other recyclable material. b} Glass- l} 2} 3} 4} " All colors may be mixed together. No mirrors, window glass, plate glass, ceramic, light bulbs or other glass will be accepted. Paper labels may be left on. However, metal rings, caps or lids must be removed and glass cannot be broken. Glass should also be rinsed and not mixed with other recyclable material. . . . c) Metal 1) 2) 3) Cans- Food cans and beverage cans may be mixed together. Paper labels must be removed and cans should be rinsed. Appliances and scrap iron will not be part of the recycling program but will continue to be picked up as part of regular pickup or accepted on cleanup days. No aerosol cans of any kind will be accepted. 4) 5) Publicity a) The City's July Newsletter will include preliminary information regarding the recycling program. b) A special flyer should be mailed to all residents at least two weeks prior to the official recycling start date. The flyer will contain specific details about the recycling program. c) It is also recommended that flyers be hand delivered to all residents. This could be done by school age children. The children could also give a brief verbal message. Two committee members are presently working out the details for this program. 6) Fees for Recycling a) Junker Sanitation has stated that their cost estimates indicate that a $1.00 per month per household fee will be necessary to provide curbside recyc,ling. This fee appears to be comparable to what some other cities are charging. However, the City should continue to negotiate with Junker Sanitation to establish a rate that is cost justified. This is especially important because the residents will not appreciate having to pay extra to recycle. They may ask "why should I recycle if I'm not going to realize any savings"? The City should be prepared to provide the residents with a good explanation for the rate that is charged. 7) Contract for Recycling a) Junker Sanitation Inc. will form a special corporation that will be involved only in recycling. b) A contract in the form described in Exhibit "A" should be entered into between the contractor and the City. c) Contractor should be required to maintain accurate records regarding quantity of materials picked up, the cost of collecting, processing and disposal of the material and/or sale of material. d) Rate increases should be cost justified. ,E A f/ i BIT IIII( . PROPOSED RECYCLING SERVICE CONTRACT BETWEEN (CONTRACTOR NAME) AND THE CITY OF STILLWATER 1. Collection of Recyclable Material 1) Recycling collection shall take place at least twice a month (every other week) for each dwelling unit. The schedule shall be consistent with the weekly schedule of the regular refuse collection. Daily service hours shall not begin prior to 6:00 a.m. nor continue past 10:00 pm. 2} Collection will be from the curbside. At a num.mum, collection must be for newspaper, glass containers, aluminum, tin and steel cans. If mutually agreed upon, other materials can be added such as cardboard and other types of paper and metal. ' 3} The Contractor shall deliver the recyclable materials to a recycling market mutually agreed upon the City and the Contractor, The Contractor shall not mix other types of refuse or inorganic materials with the recyclables or take any action so as to make the recyclable material unacceptable to the operators of the recycling center. (Note to Council: This depends on the rate charged'by Contractor. Some communities establish a rate that pays for collection/processing which is somewhat predictable and then share in revenues which are market driven and may fluctuate considerably). . 4) Contractor must provide monthly reports for all materials collected. The required information includes original truck scale tickets or market receipts, showing the name of the contractor and the market, the date of delivery to market, and the net weight and type of material. 5} The City and Contractor will divide all proceeds received from sale of recycled materials at a rate of fifty (50) percent for each party (see note to Council under 3) above}. II. Change in Collection Schedule 1} The Contractor may request a change in the day of pick-up by requesting such change in writing to the City at least twenty-one (21) days from the proposed date the requested change is to take effect. A change shall be effected only upon authorization from the City and fourteen (14) day notice to the residents. 2} The Contractor shall not be required to make regular collections on New Years Day, Memorial Day" Independence Day, Labor Day, Thanksgiving Day or Christmas Day; provided, that the routes are collected reasonably in advance thereof or thereafter in the opinion of the City Coordinator, and the week's schedule shall be completed regardless of the holiday. It shall be the Contractor's . . . . responsibility to notify residents of any changes in the collection schedule as a result of said holidays. 3) The Contractor may also request a change in the route schedule by requesting such change in writing to the City at least thirty (30) days from the proposed date the requested change is to take effect. A route change shall be effected only upon authorization from the City, 4) The Contractor shall bear all costs involved in notifying resident of approved schedule changes. The City will, when possible, include information about schedule changes in its quarterly newsletter. III. Performance of Collection 1) Equipment a) The Contractor shall make all collections of recyclable in water-tight metal receptacle or vehicles with closed tops so constructed that their contents will not leak, spill or scatter therefrom. Should recyclables be dumped or spilled in collecting or transporting, it shall be immediately cleaned up. A broom and shovel in good, usable condition should be placed and maintained on each vehicle for this purpose. Receptacles and vehicles shall be kept clean and free from all offensive odors as possible and shall not be allowed to stand in any stree~, alley or other place longer than is reasonably necessary to collect recyclable. b) All vehicles shall be painted and marked uniformly and shall have the hauler's name and telephone number prominently displayed in letters of contracting color, at least three (3) inches high, on each side of the vehicle. c) The Contractor shall keep all equipment used in the performance of the work in good operating condition and in a clean, sanitary condition, shall thoroughly disinfect each vehicle at least once a week unless the same has not been used since the last disinfection thereof, and shall thoroughly inspect each vehicle as necessary. They shall be equipped to meet all federal, state and municipal regulations concerning vehicles used on public roads and maintained to meet these standards. Equipment is subject to periodic inspection by the City. d) Safety Equipment. Each collection vehicle shall have a flashing light warning system, fire extinguisher and proper backup alarms as approved by the City. 2. Personnel Requirements a) Contractor's employees shall handle all specialized recycling containers with reasonable care to avoid damage, replace the containers in an upright position on the boulevard adjoining the curb" and dispose of any contents which may be spilled in . a workmanlike manner. Contractor I s employees will also report to the Contractor and violations of regulations as they observe in th~ performance of their work. Employees shall be sober at all times, in the performance of their duties, be of a presentable appearance, perform work in a neat and quiet manner and at all times be courteous to the public. b) All services to be performed for the City by the Contractor pursuant to the terms of this Contract shall be supervised by such employee, agent or officer of the City as the City shall designate. The designed inspector may have access to all of the Contractor's records and equipment at reasonable times. 3 . Complaints a) The Contractor shall establish and maintain, in a location approved by the City, an office with continuous supervision, 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 such office and any changes shall be given to the City in writing. b) Whenever the City or a resident notifies the Contractor of a location which has not received scheduled service, the contractor is required to serve such 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. . IV. Record Keeping and Financial Records 1) The Contractor shall keep complete and accurate records, including quarterly profit and loss statements and balance sheets, in accordance with generally accepted accounting practices and shall make available for inspection by the City or County at any reasonable time within the term of the contract, any and all books, records, documents and accounting procedures and practices pertinent to the contract program. V. Payment for Services 1) The City shall pay the Contractor $ per month for recycling services for each residential unit that is billed for regular collection service. 2) The monthly rate may be adjusted upward from time to time based on cost increases and decreases in revenues from the sale of recyclable material provided that adequate support and documentation is presented to the City justifying the proposed rate increase. . 3) The monthly rate may also be adjusted downward from time to time . based on cost decreases or increases in revenues from the sale of recyclable materials provided that adequate support and documentation is presented_to the Contractor justifying the proposed rate decrease. VI. Insurance . I} During the entire period of the Contract, the Contractor shall maintain, at its cost and expense, and file with the City, policies or certificates of Worker's Compensation and Liability Insurance. Minimum insurance policy coverage requirements are $ bodily injury per person, $ aggregate per occurrence and $ property damage, All policies evidencing insurance required by this paragraph shall name the City and the Contractor as named insured, and shall insure the City and the Contractor by reasons of any act or omission, including negligence, of the Contractor or of the Contractor; s employees or agents in connection with the performance of this Contract, including claims arising out of the use of or operation of any vehicles used by the Contractor or the Contractor's employees or agents in performing this Contract. Such policies shall be in form and content satisfactory to the City Attorney, and shall be filed with the City Clerk. A certificate showing that the Contractor has in effect the aforesaid insurance covering both the Contractor and the City shall be filed with the City Clerk within ten (IO) days from the execution of the Contract, and yearly thereafter, at least thirty (30) days prior to the date of the expiration of said policies of insurance for each year of the Contract. All of the foregoing policies shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and authorized to assume the risks covered thereby. Memorandum policies and receipts for the payment of premiums shall be filed with the City showing payment of premiums for at least one year in advance and on each renewal date provided therein. VII. Indemnification l} 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 attorneys' fees , suits, demands and judgments of any nature, because of bodily injury to, or death of, any person or persons, and/or because of damages to property of the Contractor or others, 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. VIII. Guaranty of Nondiscrimination . 1} The Contractor agrees that during the life of the contract, the Contractor will not, within the State of Minnesota, discriminate against any employee or applicant for employment because or race, , . . color, creed, national origin or ancestry or sex and will include a similar provision in all subcontracts entered into for the performance_thereof. The Contract may be cancelled or terminated by the City and all money due or to become due may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in the Contract to comply with the provisions of Minnesota statutes Subsection 181.59. IX. Legal Compliance The Contractor shall comply with ordinances of the City and the County and the laws and regulations of the state of Minnesota and its agencies relating to sanitation and collection of garbage and refuse in effect during the term of the Contract. X. Transfer or Sale of Contract 1} The Contractor will not make or create, or suffer to be made or created, any total or partial sale, assignment; conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City, which approval will not be unreasonably withheld. . The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: 1) Any proposed transferee shall have the qualifications and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by Contractor; and 2) The transfer does not create an antitrust situation in the local refuse hauling industry that is contrary to the public interest of the residents of Stillwater; and 3) Any proposed transferee, by instrument in writing satisfactory to the City for itself and their successors assigns, and expressly assumed all of the obligations of service under this Agreement and agreed to be subject to all the conditions and restrictions to which service is subject. It is the intent of this Section, together with other provisions of this Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership or any part thereof, or any interest therein, however, consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the CIty of or with respect to any rights or remedies or controls provided in or resulting from this Agreement; and . 4) There shall be submitted to the City for review all instruments . . . .. .. ... and other legal documents involved in affecting such transfer, and if approved by the City, its approval shall be indicated to tha Contractor in writing. The proposed transferee shall submit to the city for review all bonds, insurance policies and any and all other documents required by this Agreement, and if approved by the City, its approval shall be indicated to the proposed transferee in writing. XI. Duration of Contract 1) This Contract shall be in full force and effect for an indefinite period of time but may be terminated thirty (30) days after receipt of notice to terminate by either party or as specified in Section XII (1). XII. Breach of Contract -(I) If the City determines that the Contractor is in breach of the Contract, a written notice will be sent to the contractor allowing him thirty (30) days to comply. Failure by the Contractor to comply with the Contract by the end of the thirty (30) day period the City will terminate the Contract by legal remedy. Note TO COUNCIL: This Agreement contains language that the committee feels is important. However, it is understood that the City Attorney (and the attorney for Junker Sanitation) would review and modify the Agreement as appropriate.