HomeMy WebLinkAbout1998-06-02 CC MIN
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 98-13
June 2, 1998
rREGULAR MEETING
, The meeting was called to order by Mayor Kimble.
4:30 P.M.
Present:
Absent:
Councilmembers Bealka, Cwnmings, Zoller and Mayor Kimble
Councilmember Thole
Also present: City Coordinator Kriesel
City Attorney Magnuson
Finance Deblon
Police Chief Beberg
Captain Dauffenbach
Public Works Director Junker
Community Development Director Russell
City Engineer Eckles
Fire Chief Kallestad
Building Inspector Zepper
City Clerk Weldon
Press: Chris Baldus, Gazette
Julie Kink, Courier
STAFF REPORTS
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Finance Director Deblon reported cages around the new light fixtures at Lily Lake Arena had not been
included in the cost estimate. She did not have a cost for adding the cages, but because of the
construction schedule, a decision was needed at this meeting.
Motion by Councilmember Zoller, seconded by Councilmember Cummings to add cages around new light
fixtures at Lily Lake Ice Arena, contingent upon approval of Park and Recreation Board and Park Director
Thomsen. All in favor.
Ms. Deblon also stated budget worksheets would be distributed before the next meeting. She asked
Council to provide input prior to that time or at the next meeting.
Captain Dauffenbach (incoming Police Chief), requested the promotion of Sergeant Klosowsky to
Captain effective July 1, 1998 (on consent agenda). He also reported Kevin Reiners declined the offer
of employment as patrol officer; therefore, the hiring and testing process for hiring another patrol officer
has been started. Also, the process for testing for the sergeant position to be vacated by Sgt. Klosowsky
has begun. He presented a copy of the traffic activity for the May 23-24 special enforcernent action.
lbis action was in conjunction with the Safe and Sober Grant and was in participation with surrounding
area departments.
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City Engineer Eckles presented a request from Park Director Thomsen for installation of a sidewalk
along Grove Street from Myrtle Street to Ramsey Street for access to Ramsey Park. He requested $5600
from the Park Dedication Fund be used to install a 310 foot walk with curb cut and handicap path to the
playground.
City, Council Meeting No. 98-13
June 2, 1998
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Motion by Councilmember Cummings, seconded by Councilmember Bealka to table the request for installation
of sidewalk at Ramsey Park to June 16 meeting.
City Attorney Magnuson determined this was not an allowable use of the Park Dedication Fund.
Council requested Thomsen return with other funding options at the June 16 meeting.
Community Development Director Russell reported an Advisory Committee workshop on the Aiple
property would be held Thursday, June 4, at 6 p.m. Also, a meeting on the 62nd Street area plan would
be held at 7 p.m. the following Thursday.
City Clerk Weldon presented an update on the election equipment purchase. She stated Washington
County, at the advice of the County Attorney, had rejected all bids for election equipment. The
Washington County Elections Coordinator has presented a revised equipment financing proposal for
City review and requested comments before the proposal is presented to the County Board.
OTHER BUSINESS
1. Larson, Allen, Weishair & Co. - Auditor's Report
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Finance Director Deblon introduced Tom Koop of Larson, Allen, Weishair & Co., LLP. Mr. Koop
presented the Independent Auditor's Report, explaining the audit process and the summary of results.
He concluded the financial position of the City, as of December 31, 1997, and the results of its
operations and cash flows of its proprietary fund type for the year then ended are in conformity with
generally accepted accounting principles.
2. McKusick Lake residents - Preservation and Restoration of McKusick Lake.
City Coordinator Kriesel reported staffhas held two meetings with some McKusick Lake homeowners
to discuss issues raised by homeowners. The following items were included in the Mission Statement
for the Citizens for the Preservation and Restoration of McKusick Lake: a) maintain water level at 853.5
feet; b) improve water quality; c) maintain and improve recreational opportunities (fishing, non-
motorized boating, swimming, ice skating, waIking/biking paths); d) preserve wildlife habitat; and e)
protect property values of shoreline and lake area home owners.
City Coordinator Kriesel summarized the staff report prepared in response to the issues. The water level
is set by the Department of Natural Resources (DNR). The DNR established level is about I foot less
than the present level; new development will require a level that is at least as low as the DNR level.
Water quality could be monitored, with the possibility that additional flow may improve quality.
Estimates could be obtained for dredging part of the lake to create "holes" that would allow some fish to
survive winterkill; non-motorized boating would require public access (possibly the northeast side of
lake along McKusick Lake Rd); swimming would probably not be feasible given the level and condition
of the lake; skating rinks may be created depending on demand; and paths already exist on the northeast
side, and a plan is being developed for a path around the entire lake. Current mitigation work is
designed to protect the environment including wildlife habitat.
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Chuck Fredrickson, representing the Citizens for the Preservation and Restoration of McKusick Lake,
expressed concern with the Council acceptance of the feasibility study and requested a more
comprehensive study before any more development takes place. He asked the study be concerned about
drought and low cycles as well as high water cycles.
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City Council Meeting No. 98-13
June 2, 1998
City Engineer Eckles discussed the DNR permit to regulate the lake at no higher than 852.2.
r Concerns were expressed regarding fertilizer runoff into the lake. Mr. Eckles suggested staff could set
up educational programs regarding fertilizer use and impact on the lake.
3. Consideration of Use of Aiple Property for Temporary Weekend Pay Parking for 1998 Summer
Season.
Community Development Director Russell informed Council the Aiple property is available to the City
June 1, 1998. The Downtown Parking Commission met with Imperial Parking and downtown business
owners on May 28. The Commission recommends the City make the property available on a temporary
one-season basis for pay parking. The lot would be available June through October weekends. An
attendant would be located on-site. The cost would be $2 for all day. Area lighting and some minimal
grading would be needed. No trees would be removed. The estimated costs of grading and creating a
pedestrian pathway to downtown would be $6000-$8000. Imperial Parking estimates at least this
amount would be collected during the season. The estimated 150-200 parking spaces would be
significant to the downtown businesses.
Kevin LaCasse and Dave Swanson were present to answer questions regarding the Downtown Parking
Commission's recommendation.
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Councilmember Zoller and Mayor Kimble stated they had received calls in opposition to this proposal.
There was concern that if once used for parking, it will predispose the property to always be used as
parking; it could affect the results of the study being prepared on the long-term use of the property.
Council determined the master park plan should be completed before action is taken on use of the land
for parking. No action was taken at this time.
Recessed at 6 p.m.
Attest: fY1~ I J ), ()~. _
I City Clerk
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City. Council Meeting No. 98-13
June 2, 1998
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 98-13
June 2, 1998
RECESSED MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble.
Present:
Absent:
Councilmembers Bealka, Cummings, Zoller and Mayor Kimble
Councilmember Thole
Also present:
City Coordinator Kriesel
City Attorney Magnuson
Community Development Director Russell
City Engineer Eckles
Ed Cain, Legislative Associates
City Clerk Weldon
Press:
Chris Baldus, Gazette
Julie Kink, Courier
APPROVAL OF MINUTES
~otion by Councilmember Bealka, seconded by Councilmember Zoller approving the Minutes of May 19,
~ '998 - Special and Regular Meetings. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Discussion of traffic/parking issues related to Valley Co-op.
City Coordinator Kriesel reported he has further discussed the truck traffic issues related to the Valley
Co-Op with Gary Starns and Lynn Patricia, Manager of the Co-Op. He recommended the following: 1)
a sign on the south side of North Street as follows: Residential Parking Only; No Commercial Vehicles;
2) a sign on the north side of North Street as follows: Drivers Do Not Block Driveway On Other Side
Of Street; Loading and Unloading of Trucks Prohibited from 8 p.m. to 7 a.m.
Lynn Patricia, general manager of the Valley Co-op, expressed satisfaction with Mr. Kriesel's
recommendations.
Mr. Starns stated he is not satisfied this will eliminate the problem.
Gene Bartkey, 204 N. William, stated he has lived at this location 30 years and the Co-op has always
been a good neighbor.
Byron Doyle, 120 N. William, said the trucks wake him up, too, but he prefers to have the fresh food
available in the neighborhood. He has had a good relationship with the co-op for decades.
rMOtion by Councilmember Zoller, seconded by Councilmember Cummings approving the recommendations of
City Coordinator regarding traffic/parking issues related to the Valley Co-op and directing staff to I) Sign south
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City Council Meeting No. 98-13
June 2, 1998
side of North Street as foIlows: Residential Parking Only; No Commercial Vehicles; 2) Sign north side of North
,......, Street as foIlows: Drivers Do Not Block Driveway On Other Side Of Street; Loading and Unloading of Trucks
~ 'Prohibited from 8 p.m. to 7 a.m.
All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Ed Cain, Legislative Associates, reported $1.5 million had been appropriated by the Senate
Appropriations subcommittee for the 2nd phase of the levy wall project. The fuIl committee would meet
next week; he anticipates the appropriation will pass.
OPEN FORUM
Bill Bickner, 804 StiIlwater Ave. W., appeared to express concerns regarding the development of the
Amundson property. Mayor Kimble stated the issue would be discussed at the public hearing later in
this meeting.
CONSENT AGENDA.
Motion by Councilmember Bealka, seconded by Councilmember ZoIler to approve the consent agenda. All in
favor.
1. Resolution 98-138: Directing Payment of Bills
2. Contractor Licenses: All-Brite Sign, Inc., Crystal, MN
0. Resolution 98-139: Approving Agreement with State of Minnesota Inter-Technologies Group for
connection to backbone network, access to internet, e-mail, and data transfer
4. Resolution 98-140: Promotion of Bruce Klosowsky to Captain - Police Dept.
5. Resolution 98-141: Rescinding Res. 98- 131, Employment of Kevin Reiners as Patrol Officer
6. Purchase of play structure and swing set from St. Croix Recreation Co.
7. Resolution 98-142: Change Order No.2 - 1998 Streets and Curve Crest (Washington Ave. Median
construction, 9804)
8. Resolution 98-143: Temporary employment of Caroline Stubbs, Erin CoIlins, and Garrett Lajoie as
lifeguards
9. Purchase of computer - Planning Dept.
PUBLIC HEARINGS
I. Case No. ZAM/98-1. lbis is the day and time for the public hearing to consider a zoning map
amendment changing the zoning of a 10.5 acre parcel located east of Amundson Drive and west from
Stonebridge School from RA One family Residential District to RB Two Family Residential District
located between North St. Croix Ave. and Amundson Drive (Amundson Property). Croix Builders,
applicant. Notice of this hearing was placed in the StiIlwater Gazette on May 22, 1998, and mailed to
the affected property owners.
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Community Development Director RusseIl reported this was heard by the Planning Commission on May
11,1998. Many residents spoke in opposition to the request on the basis of neighborhood compatibility,
open space preservation, access and drainage. The Planning Commission, after reviewing the request,
receiving the staff report and hearing the applicant and public hearing comments, denied the rezoning
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City Council Meeting No. 98-13
June 2, 1998
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request as inconsistent with the Comprehensive Plan. Planning Commission Chair Fontaine stated the
Commission felt the best use for the area was to retain the current single family zoning.
John Roettger, Croix Builders, presented his request. He stated the twinhomes would provide tax base
but would not burden the schools with additional children because the twinhomes tend to be purchased
by people without children.
The Mayor opened the public hearing.
1. Dick Stockstead, 1108 Meadowview Drive, stated he was the spokesperson for the Meadowview Estates
Homeowners Association. He expressed concerns with water runoff, safety and the extension of Stillwater
Avenue. The Association strongly opposed any extension of Stillwater Avenue. Mr. Roettger responded
the extension was not for a street; the extension would be a walkway.
2. The following students from Stonebridge elementary expressed concerns regarding loss of animal
habitat and requested the.froperty be used for an environmentalle~ center: Stefanie Anderson, 4th
grade; Hanna Shepard, 6 grade; Keely Shaller, 6th grade; Alex Hall, 6 grade; Kyle Jordahl, 6th grade;
Katie Larson, 6th grade; and Claire Shaller, 1st grade.
3. The following spoke in opposition to the zoning amendment: Ken Kroening, 901 W. St. Croix Avenue;
Mary Bickner, 804 W. Stillwater Avenue; Pat Bloomgren, 1114 Meadowview Drive; Margaret Mitchell,
1055 St. Croix Avenue; Marge Jordahl, 1115 Amundson Drive; David Crist, lO75 Amundson Drive and
Allen Downie, 1120 Amundson.
r Margaret Mitchell expressed an interest in assisting the City obtain a matching grant from the DNR.
Jim Bliss, 1221 Amundson Circle, asked if the school district had any thought of sharing in the purchase.
City Coordinator Kriesel explained the City had made a proposal to Mrs. Amundson four years ago for the
purchase of the property for parkland, but the offer was not accepted and no counterproposal was given.
Bonnie Roemhildt, lOOI W. St. Croix Ave., stated Mrs. Amundson had wanted to purchase part of her
property to extend the street.
Jennifer Shaller, 1819 N. 4th Street, thanked the Planning Commission and the Council for their interest in
looking into funding for the purchase of the property.
The Mayor closed the public hearing.
Recessed at 8:40 p.m. Reconvened at 8:45 p.m.
Councilmember Zoller stated a great deal of research was completed when developing the comprehensive
plan. He did not feel there was a substantial reason to change that zoning. He also appreciated the approach
of working with the school district on the purchase of the property.
Motion by Councilmember Bealka, seconded by Councilmember Zoller concurring with the recommendation of
the Planning Commission to deny the request for a zoning map amendment changing the zoning of a 10.5 acre
(\arcellocated east of Amundson Drive and west from Stonebridge School from RA One family Residential
District to RB Two Family Residential District located between North St. Croix Ave. and Amundson Drive
(Amundson Property). 3-0-1 (Cummings abstain)
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City, Council Meeting No. 98-13
June 2,1998
~SHED BUSINESS
1. Request for sewer service assistance, 216 W. Wilkins Street.
City Coordinator Kriesel presented a memo from City Engineer Eckles explaining a request from Marcia
Kilborne, 216 W. Wilkins, for assistance in paying for the cost of a sanitary sewer service. The property has
a sanitary sewer service, but is connected to the City storm sewer. She is completing a renovation of this
property and has been directed by the City to correct the sewer system problem.
lbis apparently resulted from the sewer separation project approximately 25 years ago. When the sanitary
sewer was separated from the storm sewer, the section of pipe that concluded this sanitary service was
converted into storm sewer rather than sanitary sewer.
Although private property owners are typically responsible for private services and sewer improvements, at
the time of the City sewer separation project an altemative sanitary sewer service was not readily provided.
Therefore, Mr. Eckles is recommending that Council consider converting a portion of a private service into
a public main.
Motion by Councilmember Cummings, seconded by Councilmember Bealka authorizing staff to obtain quotes
for the installation ofa manhole and restoration of the street at a cost not to exceed $3000.00 for the purposes of
providing sewer service to 216 W. Wilkins Street. All in favor.
~w BUSINESS
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1. Request for gambling premises permit at Freight House Restaurant - Outreach Six Acres, applicant.
Outreach Six Acres has submitted a Minnesota Lawful Gambling Premises Permit application to the City of
Stillwater to sell pull tabs at the Freight House Restaurant. They plan to donate a minimum of 50% of the
lawful purpose expenditures within the City of Stillwater and its trade-zone. The Freight House has
recommended they consider donations to the Stillwater Fire Department, Chamber of Commerce, and the
new sports facility. They will also consider the ARC group of Washington County.
Motion by Councilmember Zoller, seconded by Councilmember Cummings to adopt Resolution 98-144
approving gambling premises permit for Outreach Six Acres at Freight House Restaurant.
Ayes: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble
Nays: None.
Absent: Councilmember Thole
2. Freight House Request to Expand Liquor Sales.
Rick Van Doeren, General Manager of the Freight House, appeared before Council and withdrew his
application for the temporary extension of premises for on-sale liquor sales for July 3-4,1998. He stated he
is also withdrawing his application for a special use permit to use the Freight House parking lot for the sale
of beer, wine, and bratwurst (scheduled for June 8 Planning Commission meeting).
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, Motion by Councilmember Zoller, seconded by Councilmember Cummings to table indefinitely the request of
the Freight House Restaurant for the temporary extension of premises for on-sale liquor sales. All in favor.
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City Council Meeting No. 98-13
June 2, 1998
3. Amendment to Joint and Cooperative Agreement - Central St. Croix Valley Joint Cable Commission.
(" A memo from City Attorney Magnuson stated that language in the Joint Powers Agreement might limit the
jurisdiction of the Joint Powers' entity to one fifteen year franchise term which was not the intention of the
cities at the time the agreement was made. Therefore, the Commission asked Mr. Magnuson to prepare a
brief addendum that would clear the record and allow the refranchising to continue.
Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt Resolution 98-145 approving
the agreement as amendment No.1 to the Joint and Cooperative Agreement establishing the St. Croix Valley
Joint Cable Communications Commission.
Ayes: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble
Nays: None.
Absent: Councilmember Thole
4. Possible first reading of ordinance prohibiting consumption and possession of liquor in a public place.
City Attorney Magnuson reported this ordinance had been inadvertently omitted with the recodification of
the City Code. The ordinance is the same as had been included previously in the City Code.
Motion by Councilmember Bealka, seconded by Councilmember Cummings to have a fIrst reading of an
ordinance prohibiting consumption and possession of liquor in a public place. All in favor.
COMMUNlCATIONS/REOUESTS
r" I. Petition by residents of the hospital neighborhood for parking restrictions along Abbott Street to
Orleans, Anderson Street, Everett Street, and Hancock.
Marty Rossini, 1224 S. Everett Street, stated the residents of the hospital neighborhood would like to see on
street parking limited Monday through Friday to alleviate the problems with traffic during workday
schedules. They are suggesting that there be no parking along Abbott Street to Orleans, Anderson Street,
Everett Street and Hancock from 7:00 a.m. to 12:00 noon.
Motion by Councilmember Zoller, seconded by Councilmember Bea1ka referring petition by residents of the
hospital neighborhood for parking restrictions along Abbott Street to Orleans, Anderson Street, Everett Street,
and Hancock to City Engineer, Community Development Director, and Police Chief for review and
recommendation. All in favor.
2. Communications regarding the Interstate Bridge.
a. Meeting notice - St. Croix River Bridge Project.
There will be a meeting to discuss the St. Croix River Bridge project on Monday, June 8, 1998
from 10:00 a.m. to 12:00 p.m. in conference room 461 of the MN Department of Transportation
building.
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b. Letter from Mr. Anthony Andersen, United States Dept. ofInterior.
Mr. Anthony Andersen of the United States Department of Interior wrote a letter to Mr. James
Denn regarding the need for a confidentiality agreement that would be signed by all parties that
are currently parties to the pending litigation. Mr. Andersen felt that this would allow for a frank
and open exchange of ideas regarding a possible compromise.
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ptyCouncil Meeting No. 98-13
June 2, 1998
c. Letter from Mr. James Denn, Minnesota Department of Transportation.
Mr. James Denn of the MN Department of Transportation responded to the above letter by
stating that MNIDOT is very open and willing to consider such an agreement. He has asked the
Attorney General's office to assist with the U.S. Department of Justice in preparing an agreement
for signature by all parties participating in the talks that began on May 18, 1998 and any parties
joining the talks in the future, that addresses confidentiality of discussion and materials as related
to potential use in litigation, and that the scope of the confidentially provided by the agreement
extend to pending and possible future litigation.
City Attorney Kriesel presented a brief summary of the history of the proposed interstate bridge, how
the proposed corridor was selected, and the options for and impacts of altemative corridors.
Chris Baldus, editor of the Stillwater Evening Gazette, asked if the City would consider signing a
confidentiality agreement and would meet in closed sessions.
City Attorney Magnuson explained the City has not seen a copy of the draft of the confidentiality
agreement. Mayor Kimble stated the open meeting law applies to three or more members of the same
Council meeting in closed session. The bridge discussions with one member each from several councils
or organizations are allowed to be held in closed session.
3. Brown's Creek Watershed District - Role ofBCWD in the AUAR.
Jon Michaels, Secretary for the Brown's Creek Watershed District (BCWD), sent a letter stating that the
BCWD has reviewed the AUAR feasibility study and are seriously interested in decisions being made in the
annexation area which will affect the integrity of the entire watershed. They also had some concerns
regarding the three phased approach for implementing the AUAR projects. They feel that all phases of
work proposed by the AUAR be committed to a schedule which will protect the water resources from the
damaging effects of development. They requested the City consider having the BCWD work with the City
as they move forward in the AUAR projects.
Motion by Councilmember Zoller, seconded by Councilmember Bealka directing City Engineer Eckles to work
with the BCWD regarding their concerns with the AUAR feasibility study. All in favor.
4. Minnesota Historical Society - Notice of grant award for architectural survey and evaluation of
Holcomb Addition.
Mayor Kimble informed the Council that the Minnesota Historical Society has granted the City $4,575 for
an architectural survey and evaluation of the Holcomb Addition.
COUNCIL REQUEST ITEMS
Councilmember Bealka reported the Oakridge Community Church will be moving the athletic field to
the northeast corner of their property in response to neighborhood concerns.
STAFF REPORTS (continued)
r City Coordinator Kriesel informed Council the list of bills approved contained a payment to the
Minnesota Zephyr. The payment should have been listed as paid to David Paradeau and will be
corrected accordingly.
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<;:ity Council Meeting No. 98-13
June 2, 1998
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Mr. Kriesel also reminded Council the June 16 meeting will be held at 4:30 p.m. with adjournment
expected no later than 7:30 p.m. lbis change was made to allow City Council members to attend the
League of Minnesota Cities conference scheduled to begin that evening.
Community Development Director Russell reported the Downtown Parking Commission had reviewed
the request of Dr. Schneider for a handicapped parking space in front of his dental office at 126 North
Main Street to accommodate the transporter and handicapped patients. The Commission determined
designating it as a 30 minute loading zone would be more appropriate and would serve Dr. Schneider's
needs for handicapped patients.
Motion by Councilmember Zoller, seconded by Councilmember Cummings designating one parking space at
126 North Main Street as a 30 minute loading space. All in favor.
ADJOURNMENT
Motion by Councilmember Bealka, seconded by Councilmember Zoller to adjourn at 9:50 p.m. All in favor.
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Attest: -q&4J: bJ,dl1""""
City Clerk
0esolution 98-138: Directing Payment of Bills.
Resolution 98-139: Approving Agreement with State of Minnesota Inter-Technologies Group for connection to
backbone network, access to internet, e-mail, and data transfer.
Resolution 98-140: Promotion of Bruce Klosowsky to Captain - Police Dept.
Resolution 98-141: Rescinding Res. 98- 131, Employment of Kevin Reiners as Patrol Officer.
Resolution 98-142: Change Order No.2 - 1998 Streets and Curve Crest (Washington Ave. Median
construction, 9804).
Resolution 98-143: Temporary employment of Caroline Stubbs, Erin Collins, and Garrett Lajoie as
lifeguards.
Resolution 98-144: Approving gambling premises permit for Outreach Six Acres at Freight House Restaurant.
Resolution 98-145: Approving the agreement as amendment No. I to the Joint and cooperative Agreement
establishing the St. Croix Valley Joint Cable Communications Commission.
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