HomeMy WebLinkAbout1992-12-22 CC Packet Special Meetingq) Q
THE BIRTHPLACE OF MINNESOTA
December 18, 1992
MEMO
TO: MAYOR AND COUNCIL
FROM: MARY LOU JOHNSON, CITY CLERK
SUBJECT: SPECIAL COUNCIL MEETING - TUESDAY, DECEMBER 22, 1992.
This memo is a reminder to Council that a Special Meeting is scheduled for
Tuesday afternoon, December 22, 1992 at 4:30 P.M. in the City Hall Council
Chambers, 216 North Fourth Street, Stillwater, Minnesota to discuss the
following:
1. Review & Approval of Deferred Purchase Agreement related to the
refinancing of Oak Glen Golf Course.
2. Possible renewal of Recycling Agreement with Junker Sanitation.
3. 1992 SAEDC Payment.
4. Any other business Council may wish to discuss.
5. Possible Adjournment to Executive Session to discuss Labor Relations.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121
A ez,
MEMO
TO: MAYOR AND COUNCIL
FROM: NILE L. KRIESEL, CITY COORDINATOR
DATE: DECEMBER 18, 1992
SUBJECT: OAK GLEN REFINANCING AGREEMENT
Unfortunately, we were still not able to provide you with a workable draft of
the deferred purchase agreement. There continues to be a problem with some of
the language in the agreement that addresses:
1. "Restraining event" (i.e. events that would prohibit the issuance of
bonds to purchase the golf course such as a change in state law) and
2. Earnest money deposits and liquidated damages.
In fact, I'm not sure that any further progress will be made on this matter
within the next two to three weeks and will have to be carried over to the
next year. The fact that this matter needs to be carried over to next year
and, therefore, placed before a "new" Council should not be considered a
problem because an agreement of this nature should beAceptable to one
Council as it would be for another or it would be a "bad" deal. In other
words, if it doesn't "fly" for the new Council, it wouldn't fly for the old
Council.
It is still possible that a workable draft agreement could be in your hands by
Tuesday's meeting. However, given the obligations the City would have, I
don't think the Council would be comfortable in approving the agreement at the
meeting without adequate review and discussion.
d0.„zi-e
TO: Mayor and City Council
FR: Nile Kriesel, City Coordinator
DA: December 18, 1992
RE: RECYCLING AGREEMENT
M E M O R A N D U M
Accompanying this memo is an addendum to the former recycling agreement between
the City and Junker Sanitation. The addendum simply extends the former contract
to December 31, 1992. No other changes were made. The City Attorney prepared
the addendum and I have also discussed the addendum with Jim Junker and he agrees
with the addendum.
This should take care of any concerns I have about not having a signed agreement
that is needed in order to qualify for county recycling grant funds (about
$50,000). As I stated at the last meeting, the former agreement expired on June
30, 1992. However, we should continue to press for a new agreement. A draft
of a proposed agreement accompanies this memo and Jim also has a copy.
RECYCLING SERVICE CONTRACT
BETWEEN
JUNKER RECYCLING, INC.
AND
THE CITY OF STILLWATER
ADDENDUM NUMBER 1
The parties agree that the following Addendum, to be known as
Addendum Number 1, shall be made a part of the Recycling Service
Contract between the parties, effective on September 1, 1989.
First, that Paragraph V, subparagraph 1 is changed to
hereafter read as follows:
[1] The City shall pay the Contractor $1.65 per month
beginning LZ-1,J ) , / `f v for recycling services for
each resid'ntial>iinit, including apartments, that are
billed for regular collection services.
Second, Article XII, Duration of Contract, shall be changed to
hereafter read as follows:
This Contract shall remain in effect until December 31,
1992. If terminated before December 31, 1992, the
Contractor shall be entitled to 90 days written notice.
This Addendum shall be in full force and effect from and after
41/ / , 1992.
JUNKER RECYCLING, INC. CITY OF STILLWATER
By: By:
By: By:
STATE OF MINNESOTA
COUNTY OF WASHINGTON
The foregoing instrument was acknowledged before me this
day of , 1992, by and
on behalf of Junker Recycling, Inc.
Notary Public
STATE OF MINNESOTA
COUNTY OF WASHINGTON
The foregoing instrument was acknowledged before me this
day of , 1992, by Wally Abrahamson, Mayor, and Mary
Lou Johnson, City Clerk, on behalf of the City of Stillwater.
Notary Public
I. Collection of Recyclable Material
DRAFT
RECYCLING 5iccviLX. CONTRACT
DZIAtmal
JUNKIER RECYCLING INC.
AND
THE CITY OF STILLWATER
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 minimum, collection must
be for newspaper, corrugated paper, glass containers, aluminum, tin
and steel cans. If mutually agreed upon or if required by federal,
state or county mandate, other materials such as plastics and metal
can be added.
3) The Contractor shall compile and retain recycling material data and
report this data to the City'on a form furnished by the City.
Upon request from the City, the required data shall include but not
be limited to original truck scale tickets, and /or market receipts,
when delivered, showing the name of the contractor and the market,
the date of delivery to market and the net weight and type of
material. The Contractor must also provide to the City any pertinent
information or data required by Washington County including data
pertaining to household participation.
4) The responsibility of all recyclable material collected shall be
that of the Contractor from the time of pickup. Thereafter,
ownership remains with the Contractor until the Contractor has
marketed the materials.
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.
1
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 recycling and of any 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 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 street,
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 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.
e) The City, after consulting with the Contractor, may require
the use of specialized containers.
2
2. Personnel Requirements
a) 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 designated inspector may have access to all
of the Contractor's records and equipment pertinent to the
recycling contract program 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.
4. Public Education
a) The City will act as overseer for recycling publicity and
public education.
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
recycling contract program.
2) If the City determines that the Contractor has falsified data or
invoices submitted to the City, the City will withhold any payment
until the data or invoice is corrected and may result in the
termination of the contract immediately upon verifying that
3
falsification occurred. Falsification includes, but is not limited
to: claiming the weight of recyclables to be in excess of their
actual weight ( "bumping "); claiming recyclables collected outside
the City in data or on invoices; and requesting payment for materials
not specified in the contract.
V. Payment for Services
1) The City shall pay the Contractor $ A$ per month beginning July
1, 1992 for recycling services for each residential unit including
apartments that are 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
1) 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 General .Liability
Insurance. Minimum insurance policy coverage requirements are:
a) combined single limit policy of One Million Dollars ($1,000,000)
including Public Liability Coverage for both Bodily Injury 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 (10) 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.
4
VII. Indemnification
1) 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 collection of recycled materials 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
5
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 the 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. Modification of Contract
This Contract may be modified by the City to include regulations mandated
by the State of Minnesota, Metropolitan Council or the County of
Washington.
XII. Duration of Contract
1) This Contract shall remain in effect until 3440.4-4.84 unless
terminated by the City on the grounds that a substantial change in
circumstances or conditions, not apparent at the execution of this
Contract, require a change in public policy needed to protect the
health, safety or welfare of the City. If terminated before one
3p419t1, the Contractor shall be entitled to 90 days written notice.
XIII. Breach of Contract
1) 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.
6
This agreement shall
until June 30 1995
JUNKER RECYCLING, INC.
BY:
BY:
STATE OF MINNESOTA
COUNTY OF WASHINGTON
STATE OF MINNESOTA
COUNTY OF WASHINGTON
in full fo
7
effect from
ter July 1, and
IN WITNESS WHEREOF, we have hereunto set our hands the day and year first above
written.
CITY OF STILLWATER
BY:
BY:
The foregoing instrument was acknowledged before me this day of
. 1992, by James L. Junker on behalf of Junker Recycling Inc.
Notary Public
The foregoing instrument was acknowledged before me this day of
1992, by Wallace Abrahamson, Mayor and Mary Lou Johnson, City Clerk on behalf
of the City of Stillwater.
Notary Public
December 16, 1992
Mr. Jim Junker
Junker Recycling, Inc.
1570 Amundson Lane
Stillwater, MN 55082
Dear Jim:
NLK /smc
iliw ater
THE BIRTHPLACE OF MINNESOTA
On June 25, 1992, I sent you a letter and a copy of a proposed recycling contract
for your consideration. To my knowledge you have never communicated your
approval or disapproval of the contract. I am concerned that the City's
recycling grant funds received from Washington County could be jeopardized if
the City does not have a signed contract. One of the obligations the City has
under the Memorandum of Agreement for Curbside Recycling Grant Distribution
between the City and County is to . . . "sign a contract with a recycling
contractor . . . ".
Therefore, I am once again sending you a draft of the revised agreement. Please
review the agreement and let me know if it meets with your approval and what rate
and contract duration you would propose. Based on my aforementioned concerns,
I think it is imperative that we have a signed agreement before year end.
However, I believe this could be taken care of by having an addendum to the old
contract that would simply extend the contract to December 31, 1992. We could
then continue to negotiate a new contract. I have asked the City Attorney to
prepare the addendum and will send it to you as soon as I receive it. The City
Council will be meeting at 4:30 p.m. on December 22, 1992 to conduct some other
business and this issue will be placed on the agenda for that meeting. Please
call me if you have any questions or comments.
Sincerely,
Nile L. Kriesel
City Coordinator
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439-6121
June 25, 1992
Mr. Jim Junker
Junker Sanitation, Inc.
1570 Amundson Lane
Stillwater, MN 55082
Dear Jim:
Enclosed you will find a draft of the revised Recycling Agreement. The only
changes made to the agreement are as follows:
Section I:
Changed 2) to include corrugated paper as a material to be collected.
Section II:
Changed 1) e) by eliminating reference to use of specialized containers before
January 1990 (no longer applicable).
Section V:
Changed 1) by leaving cost per month blank (to be determined) and made
agreement effective on July 1, 1992.
Section XII:
Changed 1) by leaving termination dates blank (to be determined).
My recommendation to the Council will be to limit the duration of the contract
to three (3) years. Recycling in/ an ever changing industry and a longer term
contract may not be appropriate.
This matter will be placed on the agenda for the 7 p.m. meeting of July 7, 1992.
Your response to this letter and the proposed changes should be delivered to the
City by noon Thursday, July 2, 1992 in order to put it in the Council packet.
Please feel free to call me if you any questions regrading the recycling
agreement.
NLK /smc
Enclosure
Sincerely,
Nile L. Kriesel
City Coordinator
DEC 17 '92 14:00
Mr. David F. Pohl, President
Stillwater Area Economic Dev. Corp.
423 So. Main Street
Stillwater, Mn. 55082
Dear Mr. Pohl:
W LA /m j
THE BIRTHPLACE OP MINNESOTA
July 23, 1992
Best wishes and success in achieving the goals outlined for SAEDC.
Sincerely,
A tiierAVVo n t
Wally Abrahamson
• Mayor
1 am pleased to inform you that the City Council has unanimously approved the
amount of $4,500 for the City's contribution to SAEDC,1992 /93.
On granting the request for funding, the Council expressed an interest in the
successful 'coordination' of goals and economic development efforts among the
six member communities in order to provide an action plan to meet the
requirements•for Star Cluster certification.
PAGE.003
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DEC 17 '92 14:00 PAGE.002
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EMIL
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MEM
August 6, 1992
STILLWATER AREA
ECONOMIC DEVELOPMENT
CORPORATION
The Honorable Wally Abrahamson
Mayor City of Stillwater
216 No. Fourth Street
Stillwater, MN 55082
Dear Mayor Abrahamson:
We would like to aknowledge receipt of your letter dated July 23, 1992
stating commitment to fund SAEDC in the amount of $4,500.00. We will
look forward to receiving your. check.
SAEDC is committed to working with communities in the Star City
cluster. To promote communication and cooperation among member
communities, to support expansion and the establishment of business
consistant with community development goals.
We also feel strongly and committed to assist the city and /or Cub foods
for relocation and expansion of their main office headquarters in
Stillwater.
If we can be of assistance or if you should have any questions please
feel free to call or write Neal Casey or myself at any time.
Your truly,
David F. Pohl
President
DFP:al
APPLICATION FOR TAXI CAB LICENSE
NAME OF APPLICANT (I ( Od L i �� � -�,� Q - 1/60,A, i C �,�•,S
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ADDRESS
MAKE OF CAR
MOTOR NO. LICENSE NO. SEATING WHERE VEHICLE IS
CAPACITY KEPT
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RANSFER
Signed
ADDRESS
,(;( „t-Zc. M (f,2_
Valley Chauffeurs
P.O. Box 794
Hudson, Wi. 54016
December 21, 1992
To Whom it may Concern:
- 'his is to inform the city that as of December 2 5, 199
The taxi rates will be as follows:
Start $1.45
Per Mile $1.40
Minimum $3.00
Thank you on this matter.
Mary T (.ichsinger
1
1
1
45 Hamlin Avenue North
rite 205
tint Paul, MN 55113 -7116
2/635 -0477
2/635 -0454 FAX
esident
to Reed
ce President
- When Stein
rfrcers
wrest Glewwe
hairperson
izabeth S. Driscoll
nonperson Elect
On L. Sims
'ce Chairperson
rem Nelson
easurer
xi Howard
ember at Large
r. Mary Thornton Phillips
lember at Large
nn M. Schrader
!ember at Large
L td Members
frog Anderson
'athy Buck
athryn Buckheit
;aroiyn Cochrane
enneth V, Collins
ley. Marc Cox
flake S. Davis
Ames B. Field
?ichard Galena
toy Garza
.eo Hudalia
lorace H. Irvine ill
?oberl C. Klas, Jr.
-tarry A. Lyon, Jr.
ireg McNeely
Martha R. Morgan
ferry Pratt
3etty Quie
loan L. Shapiro
Valerie Sheehan
Pamela K. Sleet
Dr. Gladys 1. Stone
Dr. Frank Tiffany
Dennis J. Tursso
Oliver J. Williams
Raymond Wood
Hoa Young
Life Members
Eleanor Jane Adams
Louise Bremer Benz
O arian Pletsch
illiam L. West
Nile Kriesel
City Coordinator
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
Dear Nile:
We appreciate being able to serve your employees and their family members through our
Employee Assistance Program. It is now time for your contract renewal. Enclosed is
an invoice and 2 copies of your contract. Please sign both, keep one and return the
other to us.
We look forward to continuing to provide service to you.
GMS:dm
Enclosures
December 14, 1992
e „ e 4v8rn „ „„, °ar
Fa
• Service
.y
Gretchen M. Stein, Ph.D.
Chief Operating Officer
Family Service Employee Resources
o_te ce34.
cuwAii
G o t ,tr4
DEC. 1 e
Saint Paul • East Communities • Midway • Roseville • South Suburban • Apple Valley • Brooklyn Park • Hastings • Summit /University • Minnetonka
President
Ron Reed
2845 Hamlin Avenue North
Suite 205
Saint Paul, MN 55113 -7116
612/635 -0477
612/ 635 -0454 FAX
Vice President
Gretchen Stein
Officers
Forrest Glewwe
Chairperson
Elizabeth S. Driscoll
Chairperson Elect
John L. Sims
Vice Chairperson
Clem Nelson
Treasurer
Lou Howard
Member at Large
Dr. Mary Thornton Phillips
Member at Large
Ann M. Schrader
Member at Large
Board Members
Greg Anderson
Kathy Buck
Kathryn Buckheit
Carolyn Cochrane
Kenneth V. Collins
Rev. Marc Cox
Blake S. Davis
James B. Field
Richard Galena
Roy Garza
Leo Hudalla
Horace H. Irvine III
Robert C. Klas, Jr.
Harry A. Lyon, Jr.
Greg McNeely
Martha R. Morgan
Terry Pratt
Betty Quie
Joan L. Shapiro
Valerie Sheehan
Pamela K. Sleet
Dr. Gladys I. Stone
Dr. Frank Tiffany
Dennis J. Tursso
Oliver J. Williams
Raymond Wood
Hoe Young
Life Members
Eleanor Jane Adams
Louise Bremer Benz
Marian Pletsch
William L. West
1.
Employee Assistance Agreement
between
Family Service Employee Resources
and
City of Stillwater
�\o thequa;/ oJindyw
,���c -
Family
Service ,Nc.o_
o
y a
Services Provided:
The program contract includes the following services:
1. Nationwide coverage through the Family Service Network of over 290 agencies in 1500
communities.
2. Employee Assistance personnel policy development and consultation.
3. Supervisory training of management personnel in the use of the program.
4. Employee orientation seminars to familiarize your employees with the services
available to them.
5. Promotional materials including brochures, posters, newsletter articles and a variety of
home mailings to keep your Employee Assistance Program visible to your employees,
and their families.
6. Ongoing consultations with managers and supervisors to assist them in utilizing the
EAP within your organization.
7. Confidential assessment, referral and brief counseling to be provided to all employees,
and their family members.
8. 24 hour telephone crisis intervention.
9. Invitation to attend two seminars on key work related issues annually.
Saint Paul • East Communities • Midway • f ioseville • South Suburban • Apple Valley • Brooklyn Park • Hastings • Summit/ University • Minnetonka
1
10. Twice annually an EAP representative will visit your worksite(s) and evaluate the
status of the program and your satisfaction.
11. Coordination of Services:
The City of Stillwater agrees to work with the EAP representative in informing its
employees of this agreement and the services which are available to them.
111. Use of Name
The City of Stillwater agrees to allow FSER to list their company as a customer of the
agency on promotional materials of the agency.
IV. Eligibility:
All employees of the City of Stillwater and members of their household who are
experiencing personal, emotional, family or social problems which have direct, indirect
or potential effects on work performance or personal well being, are eligible for the
services of the Employee Assistance Program.
V. Employee Participation:
A working policy of the EAP is that Employee participation in the EAP will affect
neither future employment or advancement nor protect employee from disciplinary
action for continued substandard performance.
V L Reporting:
Family Service will provide quarterly reports on program utilization.
No information on individual employees will be released outside of Family Service
without the written consent of the employee.
VII. Retainer Cost:
The annual retainer charged by Family Service for the employee services is as follows:
Number of employees 66
Cost per employee S18.55
Annual Contract Cost 31.224.30
Term of Contract January 1. 1993 to December 31. 1993
VIII. Fee for Ongoing Counseling:
Payment for any ongoing counseling services beyond the initial diagnostic screening
will be the responsibility of the employee /family member.
IX. Modification or Termination of Contract:
This contract may be modified in writing at any time by the mutual consent of the
parties.
Either party may cancel this agreement at any time upon 90 day notice, in writing, to
the other party.
Family Service Employee Resources
Gretchen M. Stein Date / l Date
Chief Operating Officer City of Stillwater
GSS:dm
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DEPARTMENT P / j;
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STAFF REQUEST ITEM
DESCRIPTION OF REQUEST (Briefly outline what the request is):
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MEETING DATE /92 c " /27..?
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FINANCIAL IMPACT (Briefly outline the cots, if any, that are associated with this
request and the proposed source of the funds needed to fund the request)
ADDITIONAL INFORMATION ATTACHED: YES NO _X_
/ 10,9427 1 - 7 S,9 /4 S 75i /5 2 - )P
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE
WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO
PLACED IN THE COUNCIL MAT ER�IA PACKET.
SUBMITTED BY:
DATE: /9er. ,.;2/ - S'.?
44d (Rev. 5/85) Summons in a Civil Action FB
Joel c archenko
City of Stillwater
Antt2Z/ otates 4 rstr c± &mut
V.
TO: (Name and Address of Defendant) City of Stillwater, 216 N. 4th St. , Stillwater, MN:
YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon
PLAINTIFF'S ATTORNEY (name and address)
an answer to the complaint which is herewith served upon you, within twenty ( 20) days after service of
this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken
against you for the relief demanded in the complaint.
FRANCIS E. COAL
CLERK DATE
DISTRICT OF
CASE NUMBER:
Judge Rosenbaum
MINNESOTA
SUMMONS IN A CIVIL ACTION
4 -92 Civil 1164
Karla R. Wahl, 1950 Pier Jaffray Tower, 222 S. 9th St.,
Minneapolis, NN 55402
AEV
1
1
lo
vs.
City of Stillwater,
Defendant.
U.S. DISTRICT COURT
DISTRICT OF MINNESOTA
Court File No. 4• -92 Civil 1154
Joel Charchenko, JURY TRIAL DEMANDED
Plaintiff,
COMPLAINT
Plaintiff Joel Charchenko, for his causes of action against Defendant states and
alleges as follows:
1. Plaintiff Joel Charchenko is an individual who resides in the City of Stillwater
and who was employed by the City of Stillwater as a part-time police officer from December
1, 1977 until December 6, 1988.
2. Defendant City of Stillwater is a municipality in the State of Minnesota and
which at all pertinent times hereto has acted pursuant to a city charter.
3. On September 12, 1987, Plaintiff observed an individual violating state law by
driving a vehicle in the City of Stillwater while under a license suspension. Plaintiff
reported this violation to his supervisor and was told to proceed with an arrest if Plaintiff
again observed the same individual again violating the law.
4. On September 16, 1987, Plaintiff observed the same individual again violating
the law by driving a motor vehicle while under suspension. As instructed, Plaintiff arrested
the individual.
5. For thirteen months following the arrest, Plaintiff was not disciplined nor
advised that he had violated any standard of performance or city policy.
6. On or about October 28, 1988, Plaintiff saw an article in a local newspaper
which referenced an arrest Plaintiff had made more than 13 months earlier and discussed
action taken by the Minnesota Department of Human Rights. Plaintiff had never been
contacted by the Minnesota Department of Human Rights. No one from the City ever
•
contacted or interviewed Plaintiff in connection with the Human Rights charge.
7. Upon seeing the newspaper article, Plaintiff asked Police Chief Mawhorter
what was going on and was told that the City would look into the statement made in the
newspaper and would get back to him but that plaintiff's job was not in jeopardy.
8. On November 2, 1988, Plaintiffs employment was suspended for an indefinite
period of time. Plaintiff was merely told that there was a "pending Human Rights violation
against you ". Plaintiff had not and never has received a Human Rights violation filed
against him in connection with his services for the City of Stillwater. While a Human rights
charge was filed against the City of Stillwater concerning its policies and practices in making
arrests, Plaintiff was not provided with a copy of that charge.
9. Plaintiff was not given any pre or post suspension hearing, was not given any
detailed reasons for his suspension and was not given an opportunity to tell his side of the
story, call or confront witnesses and provide evidence on his behalf.
10. On December 6, 1988, the city council for the City of Stillwater held a closed
session to discuss further discipline against Plaintiff. Plaintiff was not given notice of this
meeting and did not attend. Plaintiff was not advised of what specific charges or allegations
had been made against him. Plaintiff was not given an opportunity to present his side of
the story or to confront and call witnesses or to present evidence. At this meeting, the city
council decided to terminate Plaintiff's employment
11. On December 22, 1988, Plaintiff was told that his employment with the City
was being terminated.
12. In suspending and then terminating Charchenko, the City of Stillwater did not
conduct an independent investigation into Charchenko's conduct as required by the policies
and procedures of the Stillwater Police Department. Instead, the City of Stillwater
terminated Plaintiff's employment based upon hearsay, gossip and citizen complaints which
had previously been determined to be unfounded.
13. At all pertinent times hereto, the City of Stillwater had a city charter,
personnel policies and procedures which had been given to Charchenko. In addition, the
Stillwater Police Department had adopted policies and procedures concerning conduct and
discipline of police officers.
14. The city charter, the personnel policies and procedures for the City of
Stillwater and the Stillwater Police Department policies and procedures require, among
other things, just cause to terminate a city employee.
15. Plaintiff had a vested property interest in his employment with the City of
Stillwater.
COUNT I
VIOLATIONS OF PROCEDURAL AND SUBSTANTIVE
• DUE PROCESS 42 U.S.C. §1983
16. Plaintiff realleges and incorporates by reference the allegations of paragraphs
1 through 15 as if fully set forth herein.
17. Pursuant to Plaintiffs contract of employment and also pursuant to the Fifth
and Fourteenth Amendments to the United States Constitution, Plaintiff was entitled to
procedural and substantive due process.
18. Defendant violated Plaintiffs rights to procedural and substantive due process
by, among other things:
(a) Instructing Plaintiff to take a particular course of action and later terminating
him for following the instruction and fulfilling his duties as a police officer;
(b) Failing to give Plaintiff timely notice of any violation of any city policy had
been committed by him;
(c) Failing to give Plaintiff a plan of corrective measures to prevent reoccurrence
of any problem and failing to give Plaintiff an opportunity to correct and
problem;
(d) Failing to advise Plaintiff of his rights as established by the City personnel
policy;
(e) Considering materials and matters not germane to Plaintiffs employment with
the City of Stillwater;
(f)
Failing to conduct any independent investigation or to interview Plaintiff prior
to his termination;
(g) Making a decision to terminate Plaintiff arbitrarily;
(h) Terminating Plaintiff without allowing Plaintiff an adequate pre - termination
hearing;
(i)
Basing Plaintiffs termination in part on stale events upon unfounded citizens'
complaints, on hearsay and gossip; and
(j) Not giving Plaintiff an opportunity to tell his side of the story, to confront and
call witnesses and present evidence.
19. As a direct result of said violation of 42 U.S.C. §1983 and of Plaintiffs
procedural and substantive due process rights, Plaintiff has suffered and will continue to
suffer loss of earnings and other damages.
COUNT II .
VIOLATIONS OF LIBERTY INTEREST
42 U.S.C. §1983
20. Plaintiff realleges and incorporates by reference the allegations in paragraphs
1 through 15 as if fully set forth herein.
21. Defendant has affixed a stigma on Plaintiff, by among other things, falsely
claiming that a Human Rights charge had been filed against Charchenko instead of the City
and affixing Plaintiff with the stigma of being a "racist" and terminating Plaintiff's
employment.
22. Said deprivation of Plaintiff's liberty interest constitutes a violation of
Plaintiff's rights afforded to him by the Fifth and Fourteenth Amendments to the United
States Constitution and are violative of 42 U.S.C. §1983.
23. As a direct result of said violation of Plaintiffs liberty rights, Plaintiff has
suffered a stigma that has and will continue to deprive him of continued employment in the
law enforcement field.
COUNT III
VIOLATION OF STATE CONSTITUTIONAL RIGHTS.
24. Plaintiff realleges and incorporates by reference the allegations in paragraphs
1 through 23 as if fully set forth herein.
25. Defendant's conduct also constitutes a violation of the Minnesota Constitution,
Article 1, sections and 2 and 7.
24. As a direct result of said violation of Plaintiffs state constitutional rights,
Plaintiff has suffered and will continue to suffer Ioss of earnings and other damages.
•
COUNT IV
BREACH OF CONTRACT
25. Plaintiff realleges and incorporates by reference the allegations of paragraphs
1 through 15 as if fully set forth herein.
26. Defendant, by and through its authorized representatives and pursuant to its
city charter, entered into a contract of employment with Plaintiff on or about December 1,
1977. The terms of this contract included an agreement that Plaintiff could be dismissed
only for just cause in accordance with due process standards.
27. As a police officer, Plaintiff and Defendant entered into an additional
agreement as embodied in the rules and regulations for the City of Stillwater Police
Department.
0 28. Defendant also made other promises and representations to Plaintiff including,
but not limited to; (a) that Plaintiff could be dismissed only for just cause in accordance
with due process; (b) that Plaintiff could be disciplined only for cause, (c) that any
complaint made against Plaintiff would be investigated and specific facts would be
established; (d) that Plaintiff would be notified of any complaint; (e) that an investigative
report would be prepared setting forth statements of witnesses and evidence; (f) that a
dispositional report would be prepared by the police chief setting forth specific acts
constituting misconduct and citing specific statutes, ordinances, rules or policies that had
been violated; (g) that before any disciplinary action was undertaken that Plaintiff would be
provided a copy of the dispositional report and the entire case file and (h) Plaintiff would
be given an opportunity to respond and rebut the allegations and evidence.
0 29. In first . suspending and then terminating Plaintiff, Defendant breached the
herein.
(a)
•
contract entered into with Plaintiff.
30. As an immediate and direct result of said breach of contract, Plaintiff has
suffered and will continue to suffer Loss of earnings and other damages.
COUNT V
PROMISSORY ESTOPPEL
31. Plaintiff realleges and incorporates paragraphs 1 through 30 as if fully set forth
32. Defendant promised to employ Plaintiff and made other promises and
representations as set forth in paragraphs 26, 27 and 28.
33. At the time of said promises, Defendant knew or should have foreseen that
Plaintiff would have relied upon said promises
34. • Plaintiff did rely on said promises and said reliance was objectively reasonable.
35. Plaintiff substantially changed his position because of his reliance on
Defendant's promises.
36. Plaintiff has and continues to suffer damages because of Defendant's breach
of said promises and Defendant's failure to support Plaintiffs actions taken in carrying out
his duties as police officer.
WHEREFORE, Plaintiff prays that judgement be entered against Defendant as
follows:
For compensatory damages in an amount not fully determined:
(b) For Plaintiffs attorney fees, costs and disbursements; and
(c) For such other and further relief as the Court deems just and equitable.
PLAINTIFF REQUESTS A JURY TRIAL
Dated: November 30, 1992
KARLA R. WAHL, P.A.
Karla R. Wahl
1950 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, MN 55402
(612) 341 -8020
Atty. I.D. # 113591
12/18/92 15:08 FAX 612 490 2150
December 18, 1992
SEH ST. PAUL
THE BIRTHPLACE OF MINNESOTA
4- STILLWATER Z002/002
Mr. Gary Thompson, Assistant District Engineer
Metropolitan Division
Golden Valley Office
2055 N. Lilac Drive
Golden Valley, MN 55422
RE: Highway 96 & County Road 5
Stillwater Township
Dear Mr. Thompson:
Recently, the City of Stillwater was contacted regarding the intersection of Highway 96
and County Road 5 and the adjacent intersection of Highway 96 and County Road 82,
both in Stillwater Township. The individuals were concerned over the potential need for
stop signs and realignment of the intersections. Members of the City Council are aware of
the intersection and share some of the concerns which were expressed.
We recognize that the Minnesota Department of Transportation is studying the
intersection as a result of the concerns expressed through the Township and through the
school district. The City is especially interested in changes to the alignment of the road
system and how they might affect traffic circulation in the area. The City is currently
beginning to update the comprehensive plan, and knowledge of Mn /DOT's proposals
will be valuable in our planning process.
The City would like to reinforce the concerns which have been expressed by others
regarding traffic control needs at the intersection. The City would also like to be kept
informed of Mn /DOT's studies and participate in the final discussions regarding
solutions. If we can provide any assistance in their studies, please feel free to contact our
staff.
We look forward to hearing the results of your studies.
Sincerely,
Wallace Abrahamson, Mayor
City of Stillwater
c: Dick Moore - Glen Van Wormer, SEH
Bob Brown, Mn /DOT
CITY HALL: 216 NORTH F0URTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439 -6121
12/22/92 11:08 FAX 612 490 2150 SEH ST. PAUL 444 STILLWATER g002 /003
ENGt4EER • ARCHITECTS s FLAMERS 3535 VADNAIS CENTER DRIVE, ST. PAUL. MN 55110.5105 572 490 -2000 B44 525 -2055
December 22, 1992
Honorable Mayor and City Council
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
RE: STILLWATER, MINNESOTA
HIGHLANDS OF STILLWATER
3RD ADDITION
L.I. 289
S.E.H. FILE NO. 93156
On Monday December 21, 1992, eleven bids were received for the
utility and street construction for Highlands of Stillwater 3rd
Addition, A summary of the bids is as follows:
1. Mille Lacs Contracting $147,823.95
2. Barbarossa & Sons $160,706.40
3. Hydrocon, Inc. $161,115.50
4. Inland Utility Construction $162,629.62
5. Richard Knutson $165,058.2
6. Ryan Contracting $166,232.94
7. B & D :Underground $170,040.00
8. F.M. Frattalone $179,224.50
9. Kadlec Excavating $180,681.83
10. Ro -So Contracting $181,155,00
11. Penn Contracting $201,148.95
The engineers estimate was: $167,327.87
The low bid was submitted by Mille Lacs Contracting of Wahkon,
Minnesota. We have had experience with this company and believe
they have the experience and financial ability to complete a
project of this size. The contractor has indicated that
construction will start in March of 1993 and will be substantially
completed by June 15, 1993 and finally completed by July 1, 1993.
SHORT ELL1D
I- NDAJCKSCW INC. ST CLQUO, MN CHIPPEWA PALLS, WI MADISON, WI
12/22/92 11 :08 FAX 612 490 2150 SEH ST. PAUL
Honorable Mayor and City Council
Stillwater, Minnesota
Page No. 2
The developer was to transfer property for the new well which was
to be constructed near the proposed park. This property has not
yet been transferred. We would recommend that the project be
awarded to Mille Lacs contracting contingent on the City receiving
the deed for the property for the proposed well site from the
developer. Attached is a copy of the bid tabulation.
BCP:bcp
Enclosure
Sincerely,
Barry C. Peters, P.E.
-)id STILLWATER LJ003/003
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RESOLUTION NO. 92-
ESTABLISHING MUNICIPAL STATE AID HIGHWAYS
WASHINGTON COUNTY ROAD 66 (GREELEY STREET)
WHEREAS, it appears to the City Council of the City of Stillwater that the
street hereinafter described should be designated Municipal State Aid Street
under the provisions of Minnesota Law.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater
that the road described as follows, to -wit:
Washington County Road 66 (Greeley Street), between Orleans Street and
Curve Crest Boulevard (MSAS Control Section 112), approximately 675
ft. (0.13 miles)
be, and hereby is established, located and designated a Municipal State Aid
Street of said City subject to the approval of the Commissioner of
Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed
to forward two certified copies of this resolution to the Commissioner of
Transportation for his consideration and that upon his approval of the
designation of said road or portion thereof, that same be constructed,
improved and maintained as a Municipal State Aid Street of the City of
Stillwater to be numbered and known as Municipal State Aid Street.
Adopted by Council this 22nd day of December, 1992.
ATTEST:
CITY CLERK
CERTIFICATION
MAYOR
I hereby certify that the above is a true and correct copy of a resolution
duly passed, adopted and approved by the City Council of the City of
Stillwater on December 22, 1992.
rr•
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•
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December 15, 1992
Co- (z 2 2-1 2.
WASHINGTON COUNTY J. Scott en;e ,MAl CAE
Terrence L. Lind
1206 McKusick Road Lane North
Stillwater MN 55082
d on Recycled Paper
ASSESSOR'S OFFICE
GOVERNMENT CENTER
14900 61ST STREET NORTH, P.O. BOX 6 • STILLWATER, MINNESOTA 55082-0006
Office (612) 430 -6090 Facsimile Machine (612) 430 -6245
SUBJECT: Response to Letter of December 10, 1992
Dear Terrence Lind:
Your letter of December 10, 1992, asks why the City of Stillwater is allowed to collect
real estate taxes for services that they do not provide? This letter will not attempt to
evaluate the city's policies on private versus public street ownership, nor services that
they provide or may not provide, but does attempt. to explain our approach towards
valuation of your property and its ultimate taxation.
Our responsibility is to value all property at market value for the purpose of equitable
distribution of the property tax burden. In making the valuations, our office must
deal with single family homes, condominiums, townhomes, leaseholds and various
forms of ownership. Our objective is to value all property in a manner that reflects
what a willing buyer and willing seller would agree upon in an arm's length
transaction. Our work product is measured by the assessment to sale ratio which is
calculated by dividing the assessor's market value by the sale price (e.g. if a property
sells for $100,000 with an assessor's market value of $90,000, the assessment to sale
ratio is 90 percent).
One factor that is not directly taken into account is services received by the property.
For example, vacant land theoretically receives very little or no service yet up until
taxes payable in 1992, paid the highest tax rate of any type of property. If that
unreasonable tax burden becomes reflected in the prices that people will pay for
vacant land, our office will adjust the values in reaction to that and there may be some
relief through a valuation reduction.
A parallel situation exists with your townhome complex. Our valuation of your
complex, and ultimately the taxes, is based upon:
how much the property sold for,
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION
Dennis Montague, CMA
Assistant County Assessor
4306092
Judith M. Ellis, CMA
Assessment Administration Coordinator
4306093
s \ Z.
Terrence L. Lind
December 15, 1992
Page 2
Sincerely, -
_3; Scth l
J. Scott Renne, MAI
County Assessor
how those sale prices relate to our value as determined by application of
a mass appraisal schedule,
continual monitoring to ensure that the assessment to sale ratio is at a
satisfactory level, neither too high or too low.
If your complex is responsible for expenses that from a townhome complex that is
situated entirely on a public street or had other differentials in levels of services
received from the city, it may or may not be reflected in the prices paid. If buyers
deem that your complex was less desirable because of the additional expense of
maintaining a private road, the sale prices would decline and our office would react to
that after the market established that there was a pattern.
I do not have any information about how many streets are not being serviced by the
city or an explanation of the city's budget. I am hopeful that this response to your
questions of how our office "fits in" to the valuation and property tax process.
Please call me at 430 -6091 if you have any questions.
cc: Nile L. Kriesel w/ Enclosure
To Washington county tax Assesor
Dec. 10, 1 99 2
My name is Terrence Lind, and I live at 1206 Mckusick
Road Lane North in Stillwater. My home is a townhome in the
Bruggeman addition called The Gardens.
On December 1, 1992 a group of home owners from our
street attended the Stillwater City council meeting. Our
purpose was to petition the council to accept our street
into the city. We were told that our street was a private
road and the only services we could expect from the City of
Stillwater were Police and Fire protection. There is a dis-
pute between the home owners, the city, and the builders about
whether we were ever told that this was a private road at the
time of purchase.
The City made it clear at the meeting that we would be
totally responsible for anything that needed to be repaired
to said road.. The Council said we the home owners would have
to take care of all things including snowplowing, street light5
blacktopping, and all sewer cleaning and repairs to sewers'.
My question is, Why is the City of Stillwater allowed
to collect real estate tax money for services they do not
provide. I have no complaint about the valuation of my home,
but on my proposed property tax form I noticed that the Rity
is to collect $395.88 • I truly feel that is way too much
for Police and Fire protection. They tell us they can't pro-
vide these services, but turn around and bill us for them
anyway.
There were many other home owners at the meeting whose
streets were also designated by the city as private roads.
They complained that, if the city accepted our street they
would have to take theirs too. How many streets are not being
serviced by the City? And why does the City get to collect
tax money for services not provided?
There are eighteen townhomes on our one and half block
street. This comes out to at least $7,066.00 the City is
collecting for Police and Fire protection.
I would very much appreciate a reply to this. Thank
you very much for your time.
of
Terrence L. Lind
1206 Mckusick Rd Ln N
Stillwater Mn
55682
Parcel # 11190 -2400
1