HomeMy WebLinkAbout1988-03-22 CC Packet
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March 18, 1988
M E M 0
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON
SPECIAL COUNCIL MEETING, 4:30 P.M., MARCH 22, 1988
fh-~
This memo is a reminder to Council that a Special Meeting is scheduled for
Tuesday afternoon at 4:30 P.M. on March 22, 1988 in the City Hall Council
Chambers, 216 North Fourth Street, to discuss the following:
1. Labor Relations
2. Communication regarding Stillwater Yacht Club "Mulberry Pointll lease with
Burlington Northern Railroad.
3. Any other business Council may wish to discuss.
CITY HAll: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6121
MAGNUSON & DIEPERINK
ATTORNEYS AT LAW
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THE GRANO GARAGE & GALLERY
324 SOUTH MAIN STREET
STILLWATER. MINNESOTA 55082
(612) 439-9464
David T. Magnuson
Ann L. Dieperink
Susan L. Thorn
Administrative Assistant
March 16, 1988
Lisa Gidlow Moriarty
Legal Assistant
rilr. Nile Kriesel
City Coordinator
Stillwater City Hall
216 N. 4th street
Stillwater, MN 55082
Dear Nile:
Enclosed is a letter received from Charles Stone in behalf
of the Stillwater Yacht Club. Perhaps this information should be
brought to the attention of the council, it is certainly up to
you.
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Very truly yours,
~'L
David T. Magnuson
Stillwater City Attorney
DTM/st
Enclosure
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Waco ia ,1arina & Yacht Club, Inc.
300 Lake Street East
::onia. Minnesota 55387
612/471-0044
j...... --~...
Charles S. Storle
Mr. David MagnUsoJ
City Attorney, St'llwater
324 South Main St eet
Stillwater, MN 5 082
Dear Dave,
As you know, the ity has made certain assurances to Paul
Scherber and Stil~water Yacht Club, Inc., concerning the
continuing use an4 availability of certain tracts of land
on "Mulberry Poin~" that are currently leased to Stillwater
and the Yacht C1U~ by the Properties Division of the
Burlington Northe n Railroad.
You may be intere
will more than do
been informed tha
following term.
ted to know that the rent on our parcel
ble for the next lease term and we have
the rent will be $7,000. for the next
We have been told that it is the intent of the company to
raise the rent on all such leased parcels to reflect the
"Market Rate" for riverfront propertie~.
As our parcel is fifty foot strip compared to the adjacent
acreage leased by the city, we thought you would like to be
informed of the a nounced rent increases.
Sincerely,
/'~;/ ~ /
i j; J2a.{~
l_. -L c.LL.. "'? . ,
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Charles Stone
Stillwater Yacht
5 ~'-f ;Z
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PRIORITIZED
LIST OF GOALS
OF
STILLWATER CITY COUNCIL
March 12, 1988
1. Development of action plan for elimination of excessive
inflow/infiltration of sewer system.
2. Development of pavement management program including a fair and equitable
financing plan for public improvements associated with management program.
3. Development of Capital Improvement Program.
4. Development of staffing and facilities program that would address facility
and staffing needs, including a satellite fire station, sale of Parks
Headquarters Building and acquisition of Runk property adjacent to City
Garage and the merger of Parks and Public Works Department.
5. Develop and publish a written policy regarding economic development.
6. Implementation of the Downtown Revitalization Plan.
7~ Update comprehensive plan and structure plan to accommodate ease of
updating in the future.
8. Remodel/refurbish council chambers including council chairs, installation
of maps and screens, upgraded speaker system and equipment to facilitate
cable cast of council meetings.
9. Development of a Policies and Procedures Manual for City Council Meetings.
10. Development and implementation of a recycling program.
11. Preparation of a comprehensive study of the Lily Lake Recreational
Complex.
12. Development and distribution of an annual city newspaper to provide a
variety of information to the citizenry.
13. Development of plan to provide Industrial Park land to developers at a
competitive price.
14. Development of a policy plan with Stillwater Township to address future
annexation of land, extension of sewer and water beyond municipal
boundaries and the exchange of properties such as Mid-Oaks and Penthouse
Acres.
15. Development of written policy regarding use of City Park land such as
Lowell and Pioneer Park.
16. Review of present practice of accepting park dedication fee in lieu of
parks and open space dedrcation.
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17. Development of plan and procedure regarding dilapidated buildings and
unsightly condition of property north of Maple Island Buildings on
east side of Main StreetL
18. Development of policy re~arding condemnation of property for various
purposes such as economi development, public facilities expansion and
elimination of dilapidatj d buildings.
19. Development of a computerized payroll system similar to Washington County
to provide a comprehensi~e report to employee and City regarding
accumulation of, usage o~ and balance of vacation leave, sick leave,
compensation time and otrer pertinent information.
20. Development of strategy br plan to terminate or renegotiate Aiple Lease.
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21. Review and study of salvlage yard on East Nelson Street.
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MEMORANDUM
John Lindell vs. City of Stillwater
File No. S2-88-l9l
After reviewing all the testimony and evidence in the matter
I find that it is more likely than not that it was a city plow
which did the damage. Civil cases need not be decided by one
hundred percent certainty, only by a preponderance of the evidence.
The damages I find to be in the amount of $200. Plaintiff obtained
two estimates, one for $392 and another for $490.50, but in his
testimony he stated that the vehicle was presently worth $1,000
and that it would be worth $1200 to $1500 if the damage was repaired.
This is an older vehicle. The bumper itself was not in mint
condition. With vehicles of this age the cost of repairing the
vehicle does not always increase the market value of the vehicle.
I'm awarding what I find to be diminution in market value due
to the damage. Costs are awarded in the amount of $13.00 plus
any amount which was paid for the subpoena.
Dated this I f t-~ day of March, 1988.
BY THE COURT:
ioMAS%JARM~
Judge of District Court
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JUOOMIINT
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CUI M
JUOGMENT
ANO
NOTIC.
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JUOGMIINT
rlllANSC~IPT
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1....... .... Nociee 01 1.....-
State of Minnesota
COUNTY OF WASHL.'lGTON1
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Conciliation Court
NO SJ fJ cf ('1 /
John Lindell ,
204 W Cherry St I
Stillwater, Mn 55081
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'IS.
vs. '
City of Stillwater
City Hall
N 4th Street 1
Stillwater, MN 5508~
OUaNOANT
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Appearances:
PlainWf
Neither Party
efendanc
Seulement Agreement
Cone. Q.lL 1.12 (4)
The parties hereto have agreed POD a.sett1~c of the within concroversy. which agreement is as follows:
The parties further agree that ey will a~ide the judgmenc to be entered herein based upon this. agreemen~
P!..AI%'ITIl1' DIFEI'IDANT
PL.Uln'In' DIFEI'IDANT
Dated:
,JTmG& or COUNTY cotnn'
UpoD evidence received. ,IT IS HEREBY OllDElUD
That th to t ct \ V\ I' f
~ ~e'..... AO\.Y\+
/3. 0 C EO!' a. total of $
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hall have judgment against the
the sum of S .200, (::} C)
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Judge: ...,/ V
The above order of the court mtitutes the Judgment. .
The porti." are hereby atifi~ that the Clerk has .....,ed Judgm..t as indkated above. but the Judgment i, .
scayed by statute until ~..t1 Y;/9P,p ;/.90 P.:'i{. (to allow time for an appeal if desired).
Deputy J! ~ ~~~
Dated:
I certify that the above is a eel t:r'3.1UCripc of the Judgment rendered in this Court. plus increased costS of
$ from Co ty Court.
Dated:
Clerk
Deputy
GERRY SIKORSKI
6TH DISTRICT, MINNESOTA
WASHINGTON OFFICE:
414 CANNON HOUSE OFFICE BLDG.
WASHINGTON. OC 20515
(202) 225-2271
DENNIS McGRANN
ADMINISTRATIVE ASSISTANT
WHIP AT LARGE
ENERGY AND COMMERCE
.T OFFICE AND CIVIL SERVICE
CHAIRMAN, HUMAN RESOURCES
SELECT COMMITTEE ON
CHILDREN, YOUTH. AND FAMILIES
(!Congrtss of tbt Wnittb ~tatts
~ou~e of l\epre5tntatibt~
Masbington, 1.9([ 20515
DISTRICT OFFICE:
8060 UNIVERSITY AVENUE NE.
FRIDLEY, MN 55432-1862
1612) 780-5801
DAVID BARTHOLOMAY
DISTRICT DIRECTOR
Ma r c h 1 4 , 1 98 8
Mr. Wallace Abrahamson
Mayor of Stillwater
180 Bayberry Ave. Ct.
Stillwater, MN 55082
Dear Mayor Abrahamson:
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I just want to let you know that members of my staff will be
me e tin g wit h t he p eo pIe 0 f S till wa t e r from 11 - 1 2 a. m. . on
Wednesday, March 23 at the Stillwater City Hall. My staff will
be available to discuss any issues or problems constituents may
have with the federal government. In addition, written
information will be available to help citizens with their federal
income taxes.
As a public official, you know it is important to listen to
constituents, inform them on issues and help those who have
problems. In order to do this, I have sent mailings to the
residents of Stillwater to let them know that my staff will be
available on Wednesday. Feel free to stop by if you have
anything to discuss or just to say hello to my staff.
If I can ever be of assistance please do not hesitate to
contact me. Thank you very much.
sincereJY'L~'.
2;zKg~
Member of Congress
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THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS
183 University Ave. E., St. Paul, MN 55101-2526
(612) 227-5600
March 16, 1988
To: Mayors, Managers and Clerks
From: Joel Jamnik
subject: DOER seeks comparable worth plan review authority
The Department of Employee Relations (DOER), led by commissioner Nina
Rothchild, is attempting to greatly expand the department's authority to
review the comparable worth study and implementation efforts of local
governments.
without consulting with any representatives of local government, the
commissioner lobbied successfully to modify the department's bill, H.F.
2250 (Jefferson, DeBlieck), in the House Governmental Operations
enmittee.
The committee added two sections to the bill.
section 15 provides that a local government has complied with the pay
equity law only when "the average compensation for female-dominated
classes is equal to the average compensation for male-dominated classes
of comparable skill, effort, responsibility, working conditions, and
other relevant work related criteria."
Department staff have said that this section applies to the salary ranges
for positions, but the term "average compensation" seems to imply
measurement of actual compensation of the incumbent employees, thus
totally overlooking seniority, merit, or bargaining factors.
section 16 provides that "the commissioner of employee relations may
review a study performed by a political subdivision under [the pay equity
law] upon request (emphasis added). If the commissioner determines that a
study does not provide an adequate basis for establishing equitable
compensation relationships..., the commissioner shall direct the
political subdivision to make corrections necessary to provide an
adequate basis."
This section would allow anyone to request that the commissioner review a
political subdivision's study. The commissioner could then make a totally
discretionary finding that the study isn't valid, and subsequently force
~ political subdivision to make corrections.
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Page 2
The League and the Associ4tion of Minnesota Counties testified in strong
opposition to these two s~ctions of H.F. 2250 when the bill was heard in
the House Local and urbanlAffairs Committee on Tuesday, March 15.
Following our testimony, ~he committee moved to delete the words "shall
direct" from section 16 atd replace them with the words "may recommend."
This amendment takes some of the teeth out of the section, but what
remains still is against he interest of local governments.
The companion bill, S.F. 2003 (D. Moe, Wegscheid) is still pending on the
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Senate floor and does notlcontaln sectlons 15 or 16.
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Please contact your leglslators lmmedlately to oppose H.F. 2250, unless
legislators remove the seftions dealing with pay equity. The League has
indicated cities' willing~ess to work on further legislation in this
area, but strongly oppose$ any legislation which is sprung on cities
midway through the sessio~.
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183 University Ave. E., St. Paul, MN 55101-2526
(612) 227-5600
March 9, 1988
To: Mayors, Managers, Clerks
From: Joel Jamnik, LMC Legislative Counsel
Re: WORKERS' COMP REFORM--BILLS WILL INCREASE CITIES' COSTS
The Senate Employment Committee considered several workers'
compensation bills on Monday and Tuesday, March 7 and 8. These were
"smaller" issue bills that will precede the omnibus workers'
compensation reform bill.
~mong the bills the committee discussed, two will directly and
~~ignificantly impact city budgets. The first is S..F.1304 (Merriam,
Pehler, Kroening, Adkins) which would provide that "a firefighter on
active duty with an organized fire department who is unable to perform
duties in the department by reason of a disabling cancer of a type
caused by exposure to heat, radiation, or a known or suspected
carcinogen...is presumed to have an occupational disease..."
The presumption is similar to the current heart and lung presumption
for police and fire employees. The presumption is legally rebuttable,
but, is practically impossible to effectively "rebut."
The committee took action based primarily on testimony from a from John
Hopkins University doctor, who indicated that firefighters have a
higher incidence of cancer than the general population. The doctor
claimed that this higher risk is due to firefighters' greater exposure
to hazardous substances. The doctor is on retainor with the
International Association of Firefighters. The Legislature has not
heard testimony on any truly independent studies.
The bill currently only covers firefighters who contract or become
disabled by cancer while on active duty, but will likely become broader
in the future with court or future legislative amendments.
The League has been unable to estimate the full cost of this bill, but
it is likely to be significant.
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The second bill, S.F.1739 (Ramstad, Jude), would calculate the benefits
payable to volunteer firefighters by using the wages that full-time
firefighters in surrounding communities receive. Currently volunteers
receive benefits based on the wages or compensation they actually lose
by reason of being disabled from performing volunteer firefighting
duties.
In addition, another section of the current state workers' compensation
law requires adding in lost wages from other employment. The effect of
the S.F.1739 proposal would be to consider a volunteer firefighter as
being disabled from two fully paid, 40 hours per week jobs. It would
almost certainly ensure that every volunteer firefighter would receive
the maximum statutorily permitted benefit amount for every injury.
The combined impact of these two bills will necessitate higher premiums
from LMCIT, private insurance carriers, and higher costs to
self-insurers. Both bills will likely be heard in the House
Labor-Management Relations Committee the week of March 13.
The League urges city officials to contact their legislators regarding
the impact these bills could have on cities.
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A mETROPOLITAn
, .. WAITE
~. . conTROL
, .... (Ommllllon
Twv1 CitieS ~
JUDITH A. FLETCHER
MWCC COMMISSIONER
PREClN~" B
WORK 77()'4624 HOME 777.9606
MWCC COMMISSIONER'S BULLETIN
PRECINCT B
STILLWATER WASTEWATER TREATMENT PLANT EXPANSION
Plans for expansion of the Stillwater Wastewater
Treatment Plant are not yet in the design stage,
although an increase in treatment capacity, extensive
odor control and water quality measures are expected to
be added in the early 1990's. Long-term plans call for
the Bayport Plant to be phased out and flows diverted
to the Metropolitan Waste Control Commission' 5 (MWCC)
Stillwater Plant.
The Stillwater Wastewater Treatment Plant is one of 12
treatment plants owned and operated by the MWCC and
has 11 employees. Located in Stillwater, the plant
serves the communities of Stillwater and Oak Park
Heights. Nearly three million gallons of wastewater
per day are treated at the plant.
TROUT BROOK INTERCEPTOR SEWER PROJECT - Serving Arden
Hills, Falcon Heights, Roseville, st. Anthony, and
Shoreview
The Trout Brook Interceptor Sewer Project is being built
by the MWCC to improve water quality by helping prevent
the overflow of untreated sewage into the Mississippi
River. This project involves the separation of storm
and sanitary sewers. The new sewer will be built
parallel to the existing sewer system. The original
sewer pipe will become a separate storm sewer that will
discharge lake water and rain water run-off (rainfall
not absorbed by the soil) directly to the Mississippi
River.
When the project is completed in 1989, the new sewer
will carry wastewater from St. Paul and its northern
suburbs to the Metro Plant for treatment.
All the construction for this project will take place
within the City of St. Paul. The new sewer will extend
from Maryland Avenue and Arundel Street, along the
Burlington Northern Railroad yard, to Seventh and
Lafayette Streets.
350 Metro Square Building, Saint Paul. Minnesota 55101
612-222-8423
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BULLETIN -Precinct B
March,
Page 2
1988
MIDDLE BELTLINE INTERCEPTOR SEWER PROJECT - LAKE PHALEN
BRANCH & BEAVER LAKE BRANCH
The Middle Beltline Interceptor Sewer Project, like the
Trout Brook Interceptor Sewer Project, is being built
to improve water quality by helping prevent the
overflow of untreated sewage into the Mississippi
River. The sewage flows are greatly increased when
lake water overflows into the sewer system during heavy
rains and during spring snow melt. The separated lake
overflow will be diverted directly to the river.
This project which consists of two separate lines, the
Lake Phalen Branch and Beaver Lake Branch, is being
constructed entirely within the city limits of St.
Paul. Both branches of this project are expected to be
fully operational by late 1988. All streets disrupted
by these projects have been reopened. Restoration
along both routes, including final paving of streets
and sidewalks and planting of grass and trees, is
expected to be completed by summer 1988.
LAKE PHALEN BRANCH OF MIDDLE BELTLINE INTERCEPTOR
SEWER PROJECT serves Maplewood, Little Canada,
White Bear Township, Wh.ite Bear Lake, Shoreview,
Vadnais Heights, North Oaks, North St. Paul, Gem
Lake, Hugo, Centerville, Forest Lake Twp., Forest
Lake, Mahtomedi, and Willernie.
The Lake Phalen Route runs along the southern edge
of Lake Phalen to Highway 61 at Warner Road.
Construction began in late 1986. The Construction
portion of the Lake Phalen Branch of the Middle
Beltline Interceptor Sewer Project is completed.
BEAVER LAKE BRANCH OF MIDDLE BELTLINE INTERCEPTOR
SEWER PROJECT serves Maplewood.
The Beaver Lake Branch runs west from Beaver Lake
to Etna and Margaret Streets. Construction of this
branch began in the summer of 1987. This portion
of the Middle Beltline Interceptor Sewer Project is
scheduled for completion by July 1, 1988.
In accordance with the Metropolitan Council directive,
after July 1, 1988, lake overflow won't be charged to
communities draining into Beaver Lake and Lake Phalen.
The MWCC does not expect that there will be overflow
from Lake Phalen into the MWCC system due to completion
of the Lake Phalen Branch of the Middle Beltline
Interceptor Sewer Project. However, there may be some
lake overflow from Beaver Lake in that this interceptor
branch will not be completed prior to snow melt and
spring rain water runoff.
BULLETIN -Precinct B
March,
Page 3
1988
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CENTRAL TREATMENT AND RECOVERY
CONSTRUCTION - Lobated in Roseville
FACILITY
UNDER
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Construction began in 1987 on the Central Treatment and
Recovery Facility!. This facility, which is being built
in Roseville, w'll service local electroplaters and
metal finishers by removing heavy metals from their
industrial waste ter before it is discharged into the
MWCC wastewater treatment plants. Removal of these
metals is necessary in order to meet Federal
Environmental Pr tection Agency (EPA) requirements of
keeping heavy metals out of the residual sludge/ash
remmoved from th wastewater stream and, the treated
wastewater efflU!t (water discharged into the rivers
from the wastewat~r treatment plants).
LEGISLATED
Rates
IN SEWER SERVICE AREAS - Affects
The 1987 State L gislature amended Minnesota Statute,
Chapter 473, to liminate the MWCC sewer service areas
and to require tlj1at all communities pay the same rate
per gallon for se er servi~e by year 1991. A five year
phase in progr m has been initiated in 1988 to
accomplish this 1 gislative change.
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'~"" mETRO, POLlTAn
~\ WAITE
"\~ conTROL
.~ ~~ffiJ!!lon
PRECINCT B
ARDEN HIUS
BIRCHWOOO
CENTERVILLE
DELLWOOO
FALCON HEIGHTS
FOREST LAKE
FOREST LAKE TWP.
GEM LAKE
GRANT TWP.
HUGO
LAUDERDALE
lINO LAKES
LITTLE CANADA
MAHTOMEDI
MAPLEWOOO
MARINE.ON-ST. CROIX
MAY TWP.
MOUNDS VIEW
NEW BRIGHTON
NEW SCANDIA TWP.
NORTH OAKS
NO. ST. PAUL
PINE SPRINGS
ROSEVIlLE
ST. ANTHONY
SHOREVIEW
STILLWATER
STILLWATER TWP.
VADNAIS HEIGHTS
WHITE BEAR LAKE
WHITE BEAR TWP.
WIUERNIE
JUDITH A. FLETCHER
MWCC COMMISSIONER
PRECINCT B
WORK 770-4624 HOME 777.9606
March 9, 1988
Mayor Wallace Abrahamson
City of Stillwater
191 Bayberry Ave. Ct.
Stillwater, MN 55082
Dear Mayor Abrahamson:
The Metropolitan Waste Control Commission (MWCC) was
established by the Minnesota Legislature in 1969 to
efficiently collect and treat the wastewater of the
Twin Cities metropolitan area, while preserving and
protecting the environment. The MWCC sewage treatment
plants process a total of 275 million gallons of
wastewater per day for the Twin Cities metropolitan
area.
As the waste control Commissioner representing your
community at the MWCC, I am anxious to convey to you
the status of some of the current MWCC projects and
plans for the future projects which service your com-
munity.
The Stillwater Wastewater Treatment Plant Expansion
Expected in the Early 1990's -- (I serve on the
committee for this project).
Trout Brook Interteptor Sewer Project -- Will serve
the northern St. Paul suburbs.
The Middle Beltline Sewer Interceptor Project
Lake Phalen Branch of Middle Beltline Sewer Project
Beaver Lake Branch of Middle Beltline Sewer Project
Central Treatment and Metals Recovery Facility -
Roseville
Legislated Change Combining Sewer Service Areas -
Phase in of rates begun in 1988. All cities will
pay the same rate per gallon for sewer service by
1992.
350 Metro Square Building, Saint Paul. Minnesota 55101
612-222-8423
March 3, 1988
Page 2
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These topics are add~essed in greater detail in the
attached bulletin. +f you have questions regarding the
MWCC or would 1ikemi' to present more detailed infor-
mation at one of you meetings, please contact me at
work 770-4624, or ho e 777-9606.
Sincerely, i
Q[~~
Judt~h A. letcher,
p(7C~nct
JF/LS
Enc.
JF3.9
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d:ommissioner
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