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HomeMy WebLinkAbout1988-06-28 CC Packet Special Meeting . . . TO: FR: DA: RE: IIAt L, ~Owate~ '" "''''''' , " .,,'''"~~ Mayor and City Council Mary Lou Johnson, City Clerk June 24, 1988 SPECIAL COUNCIL MEETING, TUESDAY, JUNE 28, 1988 This memo is a reminder to Council that a Special Meeting has been scheduled for Tuesday, June 28, 1988 at 4:30 p.m. in the Council Chambers of the Stillwater City Hall to discuss the following: 1. Adoption of Resolution for Woodland Lakes Erosion Control. 2. Discussion - Gambling operations in City locations. 3. Oak Glen Development. 4. Any other business Council may wish to discuss. 5. Executive Session for Labor Agreement. CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 €", ~ -- .... !P r I) ~ { /1" r q. .1/, LEGAL GAMBLING/CHARITABLE Wednesday, June 8 3 : 0 0 p. m . CAPITOL (Roger Franke) Charitable Gambling Control Board 1821 University Avenue, Rrn. N-475 S~. Paul, MN 55104-3383 612/642-0555 . . I. Introduction to the Board The statute creating the Charitable Gambling Control Board was passed in the 1984 session of the Legislature. On March 1, 1985, the state was to begin licensing organizations to conduct lawful gambling and distributors to sell, offer for sale, cr furnish gambling equipment. The Board is governed by thirteen (13) members, eleven (11) of which are appointed by the Governor on staggered three-year terms. The Attorney General and t:he Commissioner of Public Safety or their designees tire each members. The Board is staffed by fifteen (15) people. The pos i tions are: Executive Secretary Chief Auditor Superviso~ Office Services Supervisor III Senior Auditors - 2 Intermediate Auditors - 5 Executive I Clerk Typist III - 2 Clerk 'l'ypist II Dat~F.ntry Operator All but the Executive Secretary are classified. II. Introduction to the Law The section of Chapter 349 which applies to the Board specifies three purposes: - to regulate legal forms of gambling to prevent their co~~ercialization - to insure the integrity of operations - to provide for the use of net profits only for lawful purposes. Certain sections of Chapter 349 identify the basics of the regulatory role of the Board and staff: _ Only organizations which meet certain conditions may be licensed _ Profits from lawful gambling may be spent only for allowable eX-.Eenses and lawful purpose expend~ tures. - 1 - ,'> . Allo\'/able ex ense are: prizes gambling supplies and equipment rent utilities compensation liability insuran e related to conduct of gambling maintenance of ga..bling equipment accounting servic s license renewal bond for gambling manager insurance on gamb ing activities local investigati n fee advertising Lawful followi g: A. be efitting persons by enhancing their opportunity fo religious or educational advancement, by re ieving or protecting them from disease, suffering or distress, by contributing to their physical we I-being, by assisting them in life as worthy and us_ful citizens, or by.~ncreasing their co prehension of and devotion to the principles wh ch this nation was founded: in tiatirig, performing, or fostering worthy public wo ks or enabling or furthering the erection or ma ntenance of public structures: le sening the burdens borne by government or vo untarily supporting, augmenting, or supplementing se vices which government would normally render to th people, or; roving, expanding, maintaining, or repairing real perty owned or leased by an organization. ment of taxes imposed under this chapter and er taxes by the state or the United States on eipts from lawful gambling. B. c. D. mean one or more of the upon . E. wful purpose" does not include the erection or uisition of real property, unless the board cifically authorizes the expenditures after findinq t the property will be used exclusively for one or mo e of the purposes specified in this clause. - 2 - . ,. -.. ~ Charitable Gambling Control Board . . - Any expenditure of gambling funds must be authorized at a regular meeting of the conducting organization. - The organization may not expend more than 55% uf its profit from bingo and 45% of its profit from other forms of lawful gambling on allowable expenses. - Licensed organizations must purchase gambling equipment from licensed distributors. Those sales are controlled by use of the state registration stamps affixed by the distributor to the gambling equipment. - Manufacturers are licensed to sell to licensed distributors. - Gambling may be conducted on a premises the organization owns or leases. - Organizations must report to their memberships and the Board monthly on its conduct of gambling. - An organization must have a gambling manager who is responsible for the gross receipts of the organization and be bonded in the amount of $10,000. Prize limits for bingo an~ pull-tabs. are set in the statute. The Board by rule sets limits on raffles, paddlewheels, and tipboards. - The Eoard collects a tax of 10% of the net profit which is gross receipts less prizes paid, except for pull-tabs. - A statutory or home rule city or county has the authority to adopt more stringent regulations. If a statutory or home rule city or county adopts a resolution disapproving the license application and informe the Board appropriately, the license will not be issued or renewed. - Organizations that conduct gambling five or fewer days in a calendar year and whose prizes do not exceed $50,000 may seek exempted status. III. Staff Activities and Tools . Communication: - From 8:30 a.m. until 12:00 p.m. each workday morning, the Minnesota Information Number (800/652-9747) is open to this office. Seminars are conducted statewide to keep interested parties current on statutes, rules, interpretations, and forms and to generate information to share with the Board. Attendance at organization meetings is standard. To find an organization whose request for attendance was denied would be difficult. The monthly newsletter, "'l'he Gaming News," is sent to all gambling managers, legislators, some law enforcement people and interested parties. Over 3,000 are on the mailing list. An annual report is available. - 3 - .. .. Charitable Gambling ,Con rol Board Regulation: . - State reg'stration stamps are sold to licensed distributors to affix 0 gambling equi.pment. - Distribut rs report on a stat~ registration sfamp log the stamp num er and the serial number of the game to which the stamp is ffixed. Distributors send a copy of each invoice with the tamp number and the ideal net profit. Those two reports a e filed monthly. - Organizations expenses, and profits are co degree of comp - Organizations information on eport all financial data on gross receipts, awful purpose expenditures. The reported pared to the ideal profits to determine the iance. hich receive exempt status provide minimal their activities. Control: - The first line of control of lawful gambling begins at the local gov rnment level. At that level a determination is made of w at games are played, what further restrictions are imposed, nd who is disapproved as an applicant. - The secon line of control is the organization which, at its monthly m etings, receives the report on its conduct of gambling nd expenditures from the gambling fund. - The third line of control is the Board and staff which fulfills 'ts power and duties pursuant to Chapter 349.151, . Subd. 4. THIS DOCUMENT IS INTE TO PROVIDE GUIDANCE TO PARTIES INTEF.EST:ZD IN 'rRE CON OF' LAWFUL GAMBLING. IT IS NOT AN ALl,-INCLUSIVE COMPILA' ION OF ALL CONDITIONS RELATIVE TO LANFUI. GAMBLING. THE RESPON IBILITY FOR PARTICIPATION IN THE CONDUCT OF LAWFUL GAMBLING LIES ITH THE LICENSEE. RFBCIOO (12/87) - 4 - . . . . M E M 0 TO: FROM: DATE: NILE KRIESEL, CITY COORDINATOR MARY LOU JOHNSON, CITY CLERK JUNE 28, 1988 CHARITABLE GAMBLING ORGANIZATIONS - SURVEY OF FEES SUBJECT: I checked with the State Charitable Gambling Control Board first and they stated a City cannot charge for a license, but can charge a fee for police regulation, etc. (They stated this is 3% of profits, but I can1t find this stated in the state statutes.) Also, this fee would cover an investigation charge. (See State Stat. 349.16, subd. 4 - Stillwater could charge up to $100 for an investigation fee which the Board said would be included in the 3%). Information received from following cities: (Some of these cities are sending copies of the resolution or ordinance governing charitable gambling operations in their area). Lake Elmo - Does not charge fees. Arden Hills - Has a policy which requires a charitable organi~ation to donate some of their proceeds (up to 10%) to benefit the community which would be used for a parks fund, Fire Dept. and Police. It can't be used for on-going operations. Little Canada - The City has an agreement with Charitable gambling groups to give some proceeds back to the City for items such as the Park fund. They contribute 10% of their gross income for this purpose and received a $75,000 check last month from one organization. No. St. Paul - This area is under the jurisdiction of the Police Dept. The three organizations operating there are the American Legion, Lions, and VFW. They do not operate in any bars because of possible collusion between the bar owner and organization, although the Lions do meet in the basement of Weber's Supper Club. These three groups do contribute heavily to the City for new ambulances, fire trucks, support of school safety patrol, crime prevention, bullet proof vests for officers, etc. Any non-profit charitable group wishing to run a gambling operation must hold business meetings once a month in the City of No. St. Paul. White Bear Lake - They have a firm ordinance regulating this and request a $200 application fee for the organization to operate in the City. They don1t do anything with Veterans Clubs because they are regulated by the State. They request 2% of gross receipts less costs incurred for prizes which is used for community benefit such as a counseling center. They also limit the number of locations each organization can have to two. The City can't levy these fees, but consider it a donation. They also require a quarterly report from the organ i zat ions. . . . Oak Park Heights - Received donations from the VFW to buy some equipment for the Police Dept. and Parks Dept. They don1t charge fees. Oakdale - They have no administrative fees. Organizations donate 10% of net income after their bills are paid. The funds are used for youth group~~ and Boy Scouts, etc. .,-~j 349.2121 BINGO, GAMBLING DEVICES, AND VIDEO GAMES OF CHANCE 6884 prescribed for service of notice of a deficiency. The commissioner may not issue a new permit after revocation except upon application accompanied by reasonable evidence of the intention of the applicant to comply with a11 applicable laws and rules. ./ Subd. 4. Collection. The tax imposed by section 349.212, subdivision 4, for each taxable sale is due and payable to the commissioner monthly on or before the 25th day of the month succeeding the month in which the taxable sale was made. Subd. 5. Information confidential. Neither the commissioner nor any other public official or employee may divulge or otherwise make known in any manner any particu- lars disclosed in any report or return required by this section, or any information concerning the affairs of the distributor making the return acquired from its records, officers, or employees while examining or auditing under the authority of this chapter, except in connection with a proceeding involving taxes due under this chapter. Nothing herein prohibits the commissioner from publishing statistics so classified as not to disclose the identity of particular returns or reports and their contents. Any person violating the provisions of this section is guilty of a gross misdemeanor. Notwithstanding the provisions of this section, the commissioner may furnish information on a reciprocal basis to the taxing officials of another state or the board in order to implement the purposes of this chapter. .', In order to facilitate processing of returns and payments of taxes required by thIs chapter, the commissioner may contract with outside vendors and may disclose private and nonpublic data to the vendor. The data disclosed must be administered by the vendor consistent with this section. Subd. 6. Collections; civil penalties. The provisions of chapter 297 A relating to the commissioner's authority to audit, assess, and collect the tax imposed by that chapter apply to the tax, penalties and interest imposed by section 349.212, subdivision: 4. The commissioner shall impose civil penalties for violation of this section as provided in chapter 297 A, and the additional tax and penalties are subject to interest at the rate provided in section 270.75. Subd. 7. Rules. The commissioner shall adopt rules, including emergency rules,~ for the administration arid enforcement of this sectibn and section 349.212, subdivi- sion 4. History: 1986 c 467 s 24; ISp1986 c 3 art 2 s 17 349.213 LOCAL AUTHORITY. . Subdivision 1. Local regulation. A statutory or home rule city or county has the; authority to adopt more stringent regulation of any form oflawful gambling within !ts; jurisdiction, including the prohibition of any form oflawful gambling, and may reqUlr~J': a permit for the conduct of gambling exempt from licensing under section 349.21~'.~i. The fee for a permit issued under this subdivision may not exceed $100. The authonty~" granted by this subdivision does not include the authority to require a license or permit' to conduct gambling by organizations or sales by distributors licensed by the board. .,e. Subd. 2. Local approval. Before issuing or renewing an organization license, the: < board must notify the city council of the statutory or home rule city in which the" ~ organization's premises are located or, if the premises are located outside a city, by the) county board of the county and the town board of the town where the premises are;{: located. If the city councilor county board adopts a resolution disapproving the Iicense,;'- and so informs the board within 30 days of receiving notice of the license, the license,.!" may not be issued or renewed. ", History: 1984 c 502 art 12 s 18; 1986 c 467 s 25 349.214 EXEMPTIONS. Subdivision'1. Bingo. Bingo may be conducted without a license and without.. complying with sections 349.17, subdivision 1, and 349.18 if it is conducted: (1) in connection with a county fair, the state fair, or a civic celebration if it is not_ conducted for more than 12 consecutive days in a calendar year; or ,~.~...._.J 349.151 BINGO, GAMBLING DEVICES, AND VIDEO GAMES OF CHANCE (8) impose civil penalties of not more than $500 per violation on organizations:';;: distributors, and manufacturers for failure to comply with any provision of sectjon~- - - 349.12 to 349.23 or any rule of the board. Subd. 5. Employees. The board shall employ an executive secretary in the' .{ unclassified service and such other employees in the classified service as are required' .:" ~o enable it to carry out its functions. One or more of the employees must be bingo ~'= Inspectors. , ,Subd. 6. Attorney general. The attorney general is the attorney for the board~" .'~.' History: J984 c 502 art J2 s 7; 1984 c 640 s 32; 1986 c 444; J986 c 467 s 8.9 349.16 ORGANIZATION LICENSES. Subdivision 1. Issuance of gambling licenses. Licenses authorizing organizations to conduct lawful gambling may be issued by the board to organizations meeting the-. qualifications of section 349.14, if the board determines that the license is consistent - '~, with the purpose of sections 349.11 to 349.22. Licenses issued under this section are :;- valid for one year and may be suspended by the board for a violation of law or board rule or revoked for what the board determines to be a pattern of willful violations of .. law or board rule. A revocation or suspension'is a contested case under sections 14.5i;[ to 14.69 of the administrative procedure act. . Subd. 2. Application. All applications for a license under this section must ~, on a form prescribed by the board. The board may require the applying organization- to submit a copy of its articles of incorporation and other documents it deems neces- . sary. Subd. 3. Fees. The board shall by rule establish a schedule of fees for licenses under this section. The schedule must establish four classes of license, authorizing all forms of lawful gambling, all forms except bingo, raffles only, and bingo only. '., Subd. 4. Local investigation fee. A statutory or home rule charter city or county_~ notified under section 349.213, subdivision 2, may assess an investigation fee,on~- organizations applying for or renewing a license to conduct lawful gambling. An' investigation fee may not exceed the following limits: (1) for cities of the first class, $ 500; (2) for cities of the second class, $250; and (3) for all other cities and counties, $100. History: 1976 c 26J s 6; J984 c 502 art 12 s 8; J986 c 467 s JO,11 349.161 DISTRIBUTOR LICENSES. Subdivision 1. Prohibited acts; licenses required. ' No person may:, n (1) sell, offer for sale, or furnish gambling equipment for use within the state:fcf gambling purposes, other than for lawful gambling exempt from licensing under secu~n 349.214, except to an organization licensed for lawful gambling; or~i (2) sell, offer for sale, or furnish gambling equipment to an organization licensed for lawful gambling without having obtained a distributor license under this sectio~' No licensed organization may purchase gambling equipment from any person nof licensed as a distributor under this section. ... Subd. 2. License application. The board may issue licenses for the sale ..ci gambling equipment to persons who meet the qualifications of this section if the bo determines that a license is consistent with the purpose of sections 349.11 to 349. Applications must be on a form the board prescribes. Subd. 3. Qualifications. A license may not be issued under this section to" person, or to a corporation, firm, or partnership which has as an officer, director;'. other person in a supervisory or management position a person, who: ,'/' (1) has been convicted of a felony in a state or federal court within the past.n years or who has a felony charge pending; ::rTI 349.2124 BINGO, GAMBLING DEVICES, AND VIDEO GAMES OF CHANCE 349.2124 SALES TO INDIAN TRIBES. A distributor may set aside that part of the distributor's stock necessary for the conduct of business in making sales to the established governing body of any Indian tribe recognized by the United States Department ofInterior. A distributor shall, when shipping or delivering any stock to an Indian tribal organizatioH, make a true duplicate invoice showing the complete details of the sale or delivery and shall keep the duplicate. History: 1987 c 268 art IS s 13 349.213 LOCAL AUTHORITY. Subdivision 1. Local regulation. A statutory or home rule city or county has the authority to adopt more stringent regulation of any form of lawful gambling within its jurisdiction, including the prohibition of any form oflawful gambling, and may require a permit for the conduct of gambling exempt from licensing under section 349.214. The fee for a permit issued under this subdivision may not exceed $100. The authority granted by this subdivision does not include the authority to require a license or permit to conduct gambling by organizations or sales by distributors licensed by the board. The authority granted by this subdivision does not include the authority to require an organization to make specific expenditures of IIl.9x.e than ten percent from its net profits derived from lawful gambling. For the pu~of this subdivision, net profits are profits less amounts expended for allowable expenses. A statutory or home rule charter city or a county may not require an organization conducting lawful gambling within its jurisdiction to make an expenditure to the city or county as a condition to operate within that city or county, except as authorized under section 349.16, subdivision 4, or section 349.212. [For text ofsubd 2, see M.S.1986] History: 1987 c 327 s 21 349.52 VIDEO GAME OF CHANCE LICENSES. [For text ofsubd I, see M.S.1986] Subd. 2. Collection. At the time a,video game of chance is sold to an operator, the distributor must collect the license fee specified In subdivision 1. The distributor must affix to each game a stamp containing the operator's license number. All license fees must be giyen to the commissioner for distribution under subdivision 3. Subd. 3. Video gaming license account. (a) Fees collected by the commissioner under sections 349.50 to 349.60 must be deposited in the state treasury in a special account to be known as the "video gaming license account." Money in the account is appropriated to the commissioner for distribution under paragraph (b). (b) The operator shall, by January 31 of each year, certify to the commissioner the number of video games of chance located in each city, and in each county outside of incorporated areas, on December 31 of the previous year. Within 15 days of receiving this certification the commissioner shall pay from the video gaming license account to each city and county $30 for each video game of chance located in the city or in the county outside city limits. After making these payments the commissioner shall transfer the unexpended balance in the account to the general fund. [For text ofsubd 4, see M.S.1986] History: 1987 c 320 s 3,4 132 I~'f I j~ J ::,l = 351.01 RESIGNATIOr Subdivision 1. To, - " the resigning officer: :f (1) By incumbents 1'- vacancy in such office by (2) By appointive 0 otherwise specially prov Subd. 2. When effl provision oflaw or chart by the officer, body, or t Subd. 3. Contingen paragraph (b), no resign a contingency'. Statement: ered to be contingencies (b) A resignation m Unless it is withdrawn" 12:01 a.m. on the stated Subd. 4. Withdrawa vision 3 may only be \\ submitted in the same resolution of the body 0 receive it. History: 1987 c 200 351.055 PREPARATI( If a future vacancy t special election, the appn election so that a succes: History: 1987 c 175 .~ ,2.~ ;:--:~.: ,~.. ..-.~..,. ~. ~ -I :.~:-. ._. "'71::: ip, ~II .L ll~:,.' , . , r~ J,' 001 lID ~! ~Jl Th: ~' ~: iGi ..m I I t, lii, is! l~i H I ~,1 D} f!~! ~ ~ ~,,'~! ,n.. ~%,\ .t<, : ..t-'...., S 349.211 BINGO, GAMBLING DEVICES, & VIDEO GAMES Subd. 4. Prize value. Merchandise prizes must be valued at their fair market value. For purposes of sections 349.11 to 349.22 "prizes'" do not include free plays awarded. Laws 1984, c. 502, art. 12, 9 16, eff. Mareh 1, 1985. Amended by Laws 1986, c. 467, 9 21, eff. June 1, 1986. < ~ r t f 1986 Amendment. Inserted subd. 2a. Il f, S, Sl y' L, 5, su g . 349.212. Tax imposed Subdivision 1. Rate. There is hereby imposed a tax on all lawful gambling, other than pull-tabs purchased and placed into inventory after January 1, 1987, conducted by organizations licensed by the board at the rate specified in this subdivision. The tax imposed by this subdivision is in lieu of the tax imposed by section 297 A..02 and all local taxes and license fees except a fee authorized under section 349.16, subdivision 4. On all lawful gambling, other than pull-tabs purchased and placed into inventory after , , January 1, 1987, the tax is ten percent of the gross receipts of a licensed organization ','!f froll\ lawful gambling less prizes actually paid out, payable by the organization. ~,->J.I Subd. 2. Collection; disposition. The tax must be paid to the board at times and in ~~a manner the board prescribes by rule. The proceeds, along with the revenue received .;~. from all license fees and other fees under sections 349.11 to 349.21 and 349.211, 349.212,~1 and 349.213, must be paid tq the state treasurer for deposit in the general fund./-:' Subd. 3. Repealed by Laws 1985, 1st Sp., c. 13, 9 376. . Subd. 4. Pull-tab tax. (a) There is imposed a tax on the sale of each deal of pull-tabs sold by a licensed distributor to a licensed organization, or to an organization ,holding an. exemption identification number. The rate of the tax is ten percent of the face resale value of all the pull-tabs in each deal less the total prizes which'may be paid out on all th pull-tabs in that deal. The tax is payable to the commissioner of revenue in the manner prescribed in section 349.2121 and the rules of the commissioner. The commissioner sh pay the proceeds of the tax to the state treasurer for deposit in the general fund. 'rh sales tax imposed by chapter 297 A on the sale of the pull-tabs by the licensed distributo to an organization is imposed on the retail sales price less the tax, imposed by . subdivision. The retail sale of pull-tabs by the organization is exempt from taxes impoS" by chapter 297 A if the tax imposed by this subdivision has been paid and is exempt frO all local taxes and license fees except a fee authorized under section 349.16, subdivisio~ii' (b) The liability for the tax imposed by this section is incurred when the pul1-tabs~, delivered .by the distributor to the licensed or exempt organization" to a common::: _ contract carrier for delivery to the organization, or when received by the organizati.OIi , authorized representative at the distributor's place of business, regardless of the<iis~. tor's method of accounting ?r the terms of the sale':.;!1;- .: If a licensed organization or any organization holding an ~xemption number r~ . pull-tabs directly from the manufacturer and the manufacturer is not a licensed dis.... tor, the distributor from whom the pull-tabs were purchased is liable for taX, when> manufacturer 'delivers the pull-tabs to the organization, or to a contract or co ". carrier for delivery to' the organization, or when the pull-tabs. are received ;,~y.. organization's authorized representative at the manufacturer's place of business;.~ less of the manufacturer's or the distributor's method of accounting or the~l'JI!S:o sale. '_ ,. '-,"'.' -. ' '.. _ ,':;,'.:::.. (c) The exemptions contained in section 349.214, subdivision 2,' paragraph (b)4. apply to the tax imposed in this subdivision. - - Subd. 5. Local gambling tax. A statutory or home rule charter city which ~~. more licensed organizations operating lawful gambling, and a county which ha.:" more licensed organizations outside incorporated areas operating lawful gamb J' impose a local gambling tax on each licensed organization within the city's or;CO jurisdiction. The tax may be imposed only if the amount to be received by.the' 156 ref for F 198 sior sun fror: 003 -..;, froIT ., pens } fied . cred: ',-IDEO GAMES :~:- market value. olays awarded. - ~ 21, eff. June 1, ::;::ng, other than ~ conducted by r':'SlOn. The tax '_.):2 and all local " subdivision 4. :; :nventory after I",~d organization ~ization. "-, times and in a roo<renue received :349.211, 349.212, Ie general fund. .~deal of pull-tabs ; l2'.:ion holding an -~ f the face resale ~ :aid out on all the j u.e in. the . manner -lfi lffimissioner shal1 :; ::aeral fund. The :~ tensed distributor'~ ::imposed by this: -~~li ,m taxes imposed- + .:;'1 a is exempt from .~ 16, subdivision 4. 1 .~ ::the pull-tabs are ,~. :to a cominon or ,-.~ he organization's ?I ~:; of thedistribu-. -~ :twmber receives [I iSicensed distribu- . .~ for tax when the \ ~ ::ract or common -I ::received' by the::j :business, regard-. "'~ ::the terms of the. "J graph (b)~ do not;J ',.' ,"~ ::W~lch has one or~. whIch has one or" " ~l :.{ambling, may < city's or county's:e, ed by the city or _',: --:t .. -~ ..., -i -~ .;~ .~ .-'t ;j- BINGO, GAMBLING DEVICES, & VIDEO GAMES S 349.2121 county is necessary cover the costs incurred by the city or county to regulate lawful gamblmg. The tax im osed by this subdivision may not exc~ed three percent of the gross receipts of a licensed rganization from all lawful gambling less prizes actual1y paid out by the organization. city or county may not use money col1ected under this subdivision for an! purpose oth r than for the purpose of regulating lawful gambling. A tax imposed under this s bdivision is in lieu of all other local taxes and local investigation fees on lawful gambli g. Any city or county that imposes a tax under this subdivision shal1 al'Jllually by Mar h 15 file a report with the board in a form prescribed by the board showing (1) the amou t of revenue produced by the tax during the preceding calendar year, aJld (2) the use f the proceeds of the tax. Laws 19R4, c. 502, art. 12 9 17, eff. March 1, 1985. Amended by Laws 1985, c. 3, 99 1,2, eff. ~farch 5, 1985; Laws 1986, c. 4 7, 99 22, 23, eff. Jan. I, 1987; Laws 1986, 1st Sp., c. 3, art. 2, 99 14, 15, subd. 1, df. Jan. 1,1987; Laws 1987, c. 268, art. 15, 9 1, eff. Jan. I, 1987; Laws 1987, c. 268, art. IS, 9 2; La1l'S 1987, c. 268, rt. 15, 9 3, eff. July 1, 1987. 1985 Amendment. In subd. 1 substituted a Laws 1986, c. 467, 9 31, eff. June I, 1986, reference to organization licensed by the board provides: for a rem-ence to licens d organizations. "For an organization that has an unpaid liabili- Prior tIi repeal, subd. 3 was amended by Laws ty for sales tax due under Minnesota Statutes, 1985, c. t, 9 2 to read: chapter 297 A, arising out of lawful gambling conducted under Minnesota Statutes, chapter "At tiE end of each f scal year, the com mis- . 349, between March 1, 1982, and June 30, 1985, sioner of finance shall c rtify to. the state trea- the commissioner of revenue shall accept as full surer the total revenues collected by the board payment of the liability, a certified check, cash- from tax!s and fees imp sed by sections 349.11 ier's check, or money order in the amount of 50 to 349.22 minus the amo nt appropriated by law percent of the liability incurred, plus interest. from the general fund t . the board for its ex- Payment must be. received by the commissioner penses a1irl operations. he net revenue so certi- of revenue before' January 1, 1987. For delin- fied shaY be deposited in the state treasury and' quent. returns filed under this section, the civil credited ID the general f nd." . and criminal penalties imposed by law are 1986 Amendments. ws 1986, c. 467, 9S 22 waived." . and 23, elf. January I, 1 87, in subd. 1, inserted 1987 Legislation the exce]ltion for pull-ta s regarding the tax on ". The 1987 amendment in subd. 1 qualified the gambling. and added "e cept a fee authorized two tax exceptions made for pull-tabs by insert- under section 349.213, su division 3"; and added ing "purchased and placed into inventory after subd. 4. ' January 1,.1987,"; in subd. 2 designated par. (a) Laws 1386, 1st Sp., c. ,art.2, 99 14 and 15, as such and added pars. (b) and (c); and added eff. Januay 1, 1987, a ended subds. 4 and 1, subd. 5. ' respectivaly, of this sec 'on as added by Laws Laws 1987, c. 268, art. 15, 914 provides that: 1986, c. 4iT, S 23 and a nded by Laws 1986, c.' the amendment to subd. 1,'and par. (c) of subd. 4 467, 9 22, respectively, b substituting the refer- 'are effective Jan. 1, 1987, and that pars. (a) and ences to j 349.16, subd. for former references .; db) of subd. 4 and subd. 5 are effective July 1, to 9 349.!l3; subd. 3. 1987. 349.212L Pull-tab ta collection Subdivision 1. Ap lication and issuance. Every distributor licensed by the board who sells pull-tabs to organizations authonzed to sell pull-tabs under this chapter must file with the commis ioner of revenue an application, on a form the commissioner prescribes, .for a ga bling tax identification number _ and gambling tax permit. The commissimer, when s tisfied that the applicant has a valid license from the board, shall issue the applicant a p rmit and number. A permit is not assignable and is valid only for the distributor in who e name it is issued. . Subd.:!. Records. The commis~io~er m~y by rule require a licensed distributor holding a permit unde this section to keep such books, papers, documents, and records as. the commissioner dee s necessary to the enforcement of this chapter. .The commissioner may examine, or caus to he examined, any books, papers, records, or other documents relevant 10 making a etermination, whether they are in the possession of a distributor or another person or co oration. The commissioner may require the attendance of any 157 . . . <5til~te~ ";:,,,"." "' """"~ TO: FR: DA: RE: Mayor and City Council City Coordinator June 24, 1988 POLICE AND FIRE NEGOTIATIONS Enclosed for your review are letters/proposals from the police and fire unions. I will present a recommended counter proposal for your consideration Tuesday. In the meantime, call me if you have any questions. , "~ .-d--e CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 *' N~'~ ~ l,j",.".:! j-'.:: ;:J:-, .~ ~>-J -2, '~'~..' .~"'''! . .,,," ..... ," ~~~ftI~1. ~'~'t~ ~::r '::.:::iJi. ;.::~~f_~::..:c.~~~~~< ~~?'~:tt~~::~~~~~~~:;~~~~:..:.S ' '., .~..."""= .....,.~~~~ - '~'. . .iEALESTATEJOURNAI VOLUME 4, NUMBER 25 r; 1988 Shell" TeclI Media Company Living legend DARREL HOLT STILL A POWER BROKER by A,,-~ Ncdy _ . When BCE Developmenl Pm- peniesInc. (BCEDlsillidown with BradIcy Real Eslate Trust on or around July I lO talk aboul the furure ofthd.C. Pen. ""y sill: in chNnwwn Minneapolis. Dacrel M. Holl wdl allllOSl cenainly be at the table. Although Holt. 72, retired as chainnan of Towle R.:aJ EslaIe Co. in 1983 and sold his stake in the firm, he remains in the middle of many of the cicy's upper-level real eslate deals. As BOSlon.based Bradley's Minnesota representative. Holt will help determine the future owner.;/tip Slcucrure of the Penney's sjte. which is expected to house a Neiman- Marcus SIOre and posstbly an of/ice develop- menl. BCED has a July I deadline for alter. ing its curren( leasing agreement Wilh Bradley, which owns the site. . Making the difference in trdf1SaCtions is nOlhing new lO Holl. He has broke red about 30 pUTchase~ 0\" downtown Mmneapohs prupo:ni<:s: cenainly one of the best, if not the best, record in the Clcy'S history. In addition, HoM """ .old is shopping HOU to pdge 22 During his 52 years in the realllState business Danel Holt has participated in more than 30 tran88dions Involving downtown Minneapolis property. Dedication requirements CRYSTAL CASE SETS PROCEDURAL RULES by Eric Wieffering DeveJopers who wd.nt to protest right-d-way dedicatJOIlS and Other cicy requests should me their lawsuits belOre, insread of after, final plat approval. according lO a recenl Hennepin County court decision. The case. which involved the Cily of Crystal and the owners of the Crystal Green subdivision, was the second major land dedication suit decided in Hennepin County in the pas! year, but anorneys are divided as to its significance. David Selle'llren, a land. use. aaomey not involved in the case, says the ruling broke no new legal ground. "II caDle as no surprise to me," he says. "It's the old economic duress argument, and !he court generally doesn'l pay much au.:ntion to that argument:' BUI Todd Rapp, an anorney who tried and IOUn the suil between developer Robert E. MiddletnistJr. and !he city of Plymouth. says \he Crystal decision rolls back some of the galn!'o of ltk: Middlemisl victory. n", Midd1emisl case. decided last year, in- \'Olved a land dedication requirement for a counlY rood in Plymouth. In that case, Mid- dlemist filed suil belOre receiving final plat approval. The cicy did granl pial approval, however, with the understanding that !he case would be allowed 10 proceed. A Hennepin Councy coon later ruled that the land dedica- tioa.requirement 'NaS6CeSSive and eventual- Iyaw.u-ded Middlemist more than Sloo,ooo tor the land and legal fees. Rapp says the Crystal Green decision "in- sulateS the municipal icy from the effects of M iddlemisl. It means there will be no cbeck anymore on whether the municipality is be- ing reasonable or not." Crystal Green is a 49-101 subdivision a1the southeasl corner of Highway 169 and Wdshire BouIewnl in Crystal. When plans were Ii"" proposed in early 1984, the cicy of Crystal asked the Crystal Green panner.;/tip to dedicate 1.79 of the 15.6 acres for a p<lliSi- ble frontage rood along Highway 169. The develope.... refused and instead offered to reserve the land for sale to the cicy at a later Oate. The city refused 10 consider the preliminary plat as a resull. Eventually, the pannership relented, said it would dedicau: the land under protest, iii. <d its fmal plallan. 7, 1985 and fired a lawsuit July I, 1985. CRYSTAL wpu,ceJ8 Robert Scott's plans unraVel DEVELOPER FACES FINANCIAL, LEGAL..... by Murray Wolf Things appear to be unra..,ling for R. ScOll Steindorff. "It" no secrel I'm having problems;' the 29'year-<>ld developer says. Most of the pro- blems cenleT on his ~ip projecl, the pr0- posed Woodland Lakes retail and hOlel development in Stillwater. Woodland Lake's anchor lenanl has cancelled its lease. \he city says Steindorffs Robert ScOll Coso Inc. is in delilUlt on illi development contracl, and unpaid credilors have filed mechanic's liens against the proper- ty lOla/ing almosl SI million. "~'lC stilIuying Ul put it together;' SlI:in- dorff insisted during a II:lephone inu:",iew last week from his ftrm's Scottsdale, Ariz., headquarters. "We're still working on it." Bul Steindorffs troubles don't end with 'MlodIand Lakes. He is or has been involved in more. than a dozen civil coun c~in Washington and Hennepin counties, in. eluding at Iea>t twO suits inllOlving former employees who say they weren'l paid as promised. Cash /low problems have also forced $tein- dorfflO shelve plans, announced in April,to launch a commercial real C5laIC brokerage and property management lirm based in a 6.000 square fool office on !be 18Ih lloor 0{ St. Paul's v.brld Trade Cenu:r. And Steindorffs Robert Scoa Holdings Inc. has had lOdrop plans 10 buy and....,...... the 114-room Scottsdale Towers HOld. "Times _ changed;' Sleindorff says. Bul even as Steindorffs would-be real estau: empire appears lO be crumbling. !be oplimism and self-confidence thaI have characterized his dealings remain in evidence. "I'mjusl a~, stnIggling developer- and ('m going lO...,..k out 0{ it:' be says. Cash Flow ProbIomo SleitKIorff says his primary problem is lack of money. There haYe been costly delays. be says, in \he developtnod of \\OOdIand Lakes and Scowdale Galleria, . p~ tOur- level, 48Q,llOO _ fool -u center in downtown Scottsdale. .~ "_ill l20tfice '. ... .".... ....J.ackaoannan has ~.. d 1 ''',.. '. gran pans PAGE 5 ~.~. ..,,, :"" Economic s;~' ,', . oevelop~n :. i.'~,,:... ";c. D. aVid.S. peer ~1eW ...... '.. . .... "<<piAAE 11 ~ . / , -, - . J i'?Ke 20 .\Jiullesota Real utate Journal June 20. 1988 j . CIlt1'lnu~dlru," prn'ifH.U P'l/<t' il\t:lf. The owner cannot agree to gi~ the in. c.:OrTK: to ~ lender because the QW'ocr needs ~ income: to survive in me bankruptL)' case. r.ll.'Cd with th~ iliIemma. SOIIlC l.:uuns have hdd that. if sta~ law requires lhal a lender taKc aftinnalivc a..::lion in order to enforce ils Ob!'lignmenl of rents and it has not already talen 'the action when the owner filed bankruptcy. the as..'i.igrunent cannot ~ cnllln.;- ed in bankrup..:y. Therek"". th< lender i. en- tided 10 no adequate protection. Other couns have held chat an assignment of renb is cftective ~n though the lender did nothing lO enlanx it befOre the lJINrk:r filed tor banl.rupu.")'. To rea.:h this resule. these coun., rely on a provISion 01 the bankruptcy code that allowspertcxlion of an imerest to occur alter the hankrupCl..:y. so long as il rclalCs to the lime: of the creation III the imeresl. Thc~ coon... hold thaI the:: lendc:r's interest in the cash collalCr.lI WcL"i uriginaHy required when the lender obcained its a.\..'iignmenl'\ of rents. The lerwk:r's actions to enti.lrce th~ assign- ITk:nI after bankruplL)' therefore rdale 10 Ihe dale of a.....signmem. Whkhever sides prevalb in Minncsola bankrupu.)' coon. the (,;on.sequeoces arc: easy to pn:dicl.lfthdcndcrwi"". in ITlOSI proJect, where the owner has difficulty simply meeting o~rating c:xpenses. a requirement that the owner make additional adequate pro- teCtion payments to the lenuer will make it difficult or impu~.....ible tor the owner 10 sur~ vive. On the other hand, iflhe lender lose.. Ihe owner will have the right to use income from projects to keep going. If a projcc1 is ultimately reorganized in bankruptcy. the owner's use oflhe income is benefICial. If the bankruptcy is tJruiuccessfuJ, the income from the project will likely be squandered in the proces...... B J"h.M K.m".,,",lwnl.../<k, UI rl'r'Jnbotl di B\rmr. pro( Itrlll/( In Iht'urt'lJJ. ,.) b(lnkrup'l'" 4md rt'uJ ._' t'"Ult' . Steindorlf from page 1 "lnSlCaJ of throwing otfmo~y.lht..j'n: re~ 4uir.ng Itxding:' Stcindortl ~ys of the pro-- ~L'. He: ~-s he IS try ing LO scxun: tcmpordl)' linaru.:ing. lO deal with the cash ~ucezc:. A Stillw.w:r native. SlClnUortf moved to th< ScottsUale area with hi. "'mily in the 1<};Us. and il WdS (here that he gOf. his slan in real estate. ScutL"tdale Galleria is Steindorffs mosl ambitious AriLona projecl lO dalc. He assembled the six-acre sileo originated the cun(,;ept and got needed Loning. changes, SCllllo;dale oftkiaJs say. Sleindorff says he is stIli pan of a g.roup that owns !l percCnl of &:(1I1Mtalc Galleria LimilL'1..l ?olnncrship. SlcuIDortl burst upon (he Minncwta real estate scene some 2 \h years ago. His initial hx:us WdS his hometown. where he com- pleteu River Height' Plaza. a $5.5 million. 8K.lX.lO Sltuarc I<x)t retail ccntcr on Minnesota Hi~hway 36; and propo,"" Woodland Lakes. a $55 million. 460.000 .quare lOot retail. hotel and oHice dcvelopment on 67.7 acres soUlhea>t of intersection of Highway 36 and COUnlY RoaU 5. Steinuorn uidn't .top with 51illwater. however. He and Wellington Management Inc., St. J>aul. bave proposed Woodbury Ci- Iy Cemer. a retail and office dt=vdopment on 40 acre. in Woodbury. He also has plans lor a 225.000 square 1'00\ retail center on part of a 56-acre sire in Oakdale. And until selling his interest last year, Steiildorff was the co- developer of Buming Tree Plaza retail center in Duluth. "He's an ambitious young man," a River Heights Plaza partner note.. Even in his homelOWn. however. Steindorff found rough sleuuing. Some Stillwaler rcsidenls and city officials still oppose WUoUlanu Lake.. Opponents say lhe proJecl will snarl (rolftic. hun downtoWn relaiJersand spoil Stillwdler's rivenown atmosphere. BUl by Sept. 30. 1986. the Slillwater City Council and Robert Seott Coso had ham- nlc:red oul a development contrJCI. The go- ing was ~low. but Steindorff manag.ed to secure Radisson as a holel openllor. and St. Cloud-based Hemerger'. .igned a lease Sep!. 30. 1987. for 62,0100 square leelto anchorthe relaiJ center. Roben ScOlt CDS. received an a(,;quisition and uevelopment loan of almo>l $5 million from First MinneSOla. but hasn't been able 10 secure constructlon or pennanenllinancing. Steindorff has said for several month. that mongage commiunents are '.imminent:' but tinancingstill WdSn't inh~asoflas( week. The .ize of WooUland Lakes has uiminish- ed .ince th< original proposal. The projecl was cut 10 $45 million in the carly going and. in move Steindorff said w... required by pro- spective lender, plans were revised again in April. The current proposal calls for a $35 million projccI wilh . 225.000 square 1'001 relail center and a two-slory. 98.unit Radisson. Herbe'1ler's Drops Oul Herberger's. which commiued to Woodland Lake. after uroppmg plan. 10 an- chor a proposed expansion of nearby 51. Croix Mall. canceled its Woodlanu Lakes lease earlier this month. Barry Ross. Herberger's aeculivc vice president, says lhe finn signed its Woodland Lakes lease under the conUition cOnslruclion slllrt by May I. lasI summer's site work didn't meet thaI requirement, he says. That spells opportunity lOr St. Croix Mall. according to Donald Bromen. owner of Kingwood Management. manager of the center. Bromen says he is confident he and Jackson-Scon & Associates Inc. can bring Herberger's back into the fold. Hemerger's officials remain low-key. "We don'l have any defmite plans," Ross say.. "We really wanl a store in Stillwater. . ." Oak Park Developmenl Co. Inc.. owner of St. Croix Mall. will probably proceed wilh the 100.000 square 1'001 expansion even if it doe.n't re-sign Hemerger's. Bromen says. The Woodland Lakes proposal has sparked retailer's interesl in the Slillwater area, he says. "Even though the proposed Woodland Lakes projecl has uelayeu u. I"'" years." Brolncn says. "all th< talk about retail projects in Ihe Stillwater area has helped us:' Maybe so. but a $4.3 million Washington County Hou.ing anu Redevelopment Authority bond issue might be encouraging Oak J>ark to goabcaU with the expansion. The bonu.. approved in 1985. musI be lIlICd by Dec. 31. Stillwaler Suspends Conlract Slillwdter otlicials aglJ'O thal1a:.t summer's site work Uoeso't qualify as startingCOllStJUC- tion. something the development conuact re- quireu Robert Scon Coso to do by Scpl. 1.5, 1987. AI its June 7 meeting. the city council VOled ruled thaI Robert Scon Coso had defaulted on its developmenl conlract. The council voced to suspend its performance requirements under the agreement until it getS assurances that Robert Scott Coso will cure the dctiwll. "I guess what ,..,'re Wlllling for is to see and hear from Mr. Sleindorff," Stillwaler MlI)'lI' Wallace Abrahamson says. "The ball's in his coun:' June 7 w...n'l the first time the Stillwater City Council put Robert Scott Coso ott the 'pol. The firm was ialcen 10 taskalthe May 17 council meeting alier neighbors complained of a "dust bowl" in and around the \I\bodIand Lakes site. The council hired a finn to con- trol wind and water erosion with fi:nccs and seedings at a cosl 01 sso.ooo. and plaos 10 send the bill to Robert Scott Coo. But the bill might be hard 10 collect. M.A. Morte""'n. the genelal contnlCtDl' for Woodland Lakes. filed a mechanic's lien again.t the site Jan. 4 in Was/tingIoo CQUIV)' Dislrict Court. The buuder says it is owed $337.184.61. plusinteresl.lcgaI iles andotbcr costs. In an affillavit filed JWIe 9. MonensoIi says it hasn't been paid lOr the grading, ex- caV',nion and site preparation work done last summer. Washington County COUrt documenIs also reveal outstanding mechanic's liens filed againsl the property by E&H Earthmovers Inc., allegedly owed $337.184.61; BRW Inc.. the projecl arehiteCI. for $Zl9.56S.7S; Clark Engineering Co.. for $9,1J09.25; and Univer- Balloon coming due? CALL 925-0097 I NVEST~RS SAVINGS BANK Dianne Sullivan Sherry Duin Mortgage loans on apartments, commercial and industrial property 6900 France Avenue South Minneapolis, MN 55435 SUCCESS BY DOMINIUM r_;.... It-t(W:;-......''3 L;'..,.,.. ~..- .... I ..- ~ "PAO.lIi~.:rMOMAS LAKE-~; ;;;":.J cJ 216 UNIT MULTI-FAMILY RENTAL EAGAN,MN ,.~. ,_ "_ _ 100%. .,EASED IN a MONTHS - Ii' S...._..1t. .... .).,..,., _ ~)\.. ",....... ~ ',-~_, it j .... . FOR SIMILAR RESULTS CALL 559-1495 REFINANC1NG~~~. avail4blelor ",:~~~. .Apartn'le nts ,.Office Build,'1.~~ '~Office..Wa17eJigiiStt, "R t .J.~~ti[f~#~,~~~,~~f e alt--,,,,,,,,.;y;:,,..c...,, ><;~::..,. '~';.::.._,<'~ \~"';. ...."".. I ! ~ ., t: ft t E' "- r; t'.~ f: i.,_,_~.. Ii' rMl Miller & Scm' . . ~ Fmancial, Inc. -:.)'7 Northwestern-Financial Center. 7900 Xarxes Avenue South P.O. Box 789 . Minneapolis. MN .. 55440 Contact: Division of Real Estate Finance 612183.!~1500 June. 'lO, 1988 Minne30to Real Enate /ournol . saI Sign Co.. for $2,383.50. More t..!gaJ Headadws Sbeindorff and his firm are also being sued in Wa5hing1oo COWlly by ARA Services Inc.. which alleges it is owed more than $3.000. Sc.oenll default judgements have already been made against Sbeindorff or one of his firms in WashingtOn County District or Con. ciliation coons. A ddilult judgement. an aulOlllalic finding in ta.or of the plaintiff. usually occurs wben a deft:ndenl doesn'l ap- pear at a scheduled bearing. lmperiallntemalionallnc., South SI. Pltul. alleged Steindorff hired a four-person helicopter 10 survey real = in and around Stillwarer, but didn't pay for the service. A S960 default judgement for Imperial was made May 7:1. 1987. On Aug. 21. 1987. Robert ScOll Develop- ment Co. was ordered to pay Drum Beauty Inc.. Stillwater. S2,087 10 make good on a sponsonlhip pledge made to the nonprofit group. On Oct. 20. 1987. Robert ScOll Coso "'.IS ordered to pay Ned Kanlar Productions Inc. $1.kl9.3O, court =ords indicaIe. The amounl was paid Feb. 22. On May II. 1988, Robert ScOll Holdings was ordered to pay Ocean-Air Tlll\'eI/AMF, White &at Lake, SI.999 to settle an outstan- ding bill lOr airline lickcls. On June 8. Robert Scott Coso was onlered to pay Kor.wnsky Krank Erickson ArchilectS Inc. $2.013 in return for wning review and sire planning work. Sc.oeral other suits involving Sreindorff in Washington County have been dismissed. presumably because they we.. settled out of COlIn. James B. McComb & Associates flied suit June 12. 1986, alleging thaI Robert Scon DeveIopmeI1l owed $27.302.34, plus inJerest. legal fees and other costs for a rerail market anaIy.;is of the Stillwater area. A court trial was scheduled ror Dec. 9, 1986, but the suit was dismissed Dec. 10. 1986. Later in 1986, Cosmopolitan Slate Bank. of Stillwarer sued Woodland Lakes Limited Partnerships 1. n and ill; Steindorff; and Pltul Kuechelmann. an Arizona partner. The bank alleged that. as of Oct. 10. 1986, the deli:ndenlS were in deliwlt on five loans (Olaj. ing $365.362.10. The case was dismissed Dec. 31, 1986. Ei>inger Sanilation Service Inc.. Afton. fli- ed suit against Steindorff and Robert ScOIl Developmelll Co. March 23. alleging it hacJn't been paid for $165.30 in garbage service. The C~ was stricken when Ileidu:r party show~ ed up for a scheduled hearing. Jennifer A. Wilkinson. a former Robert Scott leasing agelll. med suit April 4. alleg- ing thai Sreindorff's Ri..r Heights Plaza ?.lll" nership owed her S3,OOO in salary and $8.802 in leasing commissions. The suir was dismissed May 6- SreiRdorff himself sued another rormer leasing agent. Alan Fralich, in Hennepin County District Court last year. According to oourt documents, Fralich was hired March 3. 1987, to J= space in River Heights P\aza and was fin:d July 13. 1987. The suit alleges that Fralich made slalemenlS to ci- ty offICials, the press and plOSpecti..renanlS in/eJlded to damage Robert Scott Coso Fralich's countell'laim denies the charges and alleges he was wrongfully discharged due to his refusal to ulooulently misrepresent the progress and leasing SlatUsu of some Robert Scott projects. The cowuen:laim also alleges thai Fralich was rorced to Udelay and make excuses to numerous creditors" and that he himself is owed mo.. than $50,000 in unpaid comrnissiOltS and ot/1cr damages. The case is still pending. Despite his legal and money troubles. Sremdorff insists he woo', sell his interests in the Stillwater. \\bodbury and OaluWe pro- jects. And he says he's uahsolurelyU su.. he can get Woodland I..JlJ<es back on uack. hit's not the first crisis we've had on this project;' he say.;. ult's been one hell ca a long, difflCUit rood:' . . I I ~..~. )() l- ~ ~ j l; ! Since site work was done last summer, there has been no dewlopment activity at the Woodland Lalre8 elta. E me."' Easy Go. l; ~ \. '. . Some people are worried that the construction to make Highway 12 into 1-394 will compromise Minneapolis \'kst Business Center's exre1lent access. Let us tell you why wt!re no( worried. First. we applaud the highway department lor making this vitally important oonslludion project easy to Jive with. Over. passes aIxM! the highway will be completed first, along with the nav High Occupancy Ikhide lanes. The access roads will always remain open. as will two highway lanes on each side. Second. .....n without considering Highway 12. Minneapolis \'kst Business CentEr has e>oillent acress along Highway m Cedar lake Road. 'kmon Avenue and ather major . thoroughfares. Plus. there are two bua 9IOp6 on siIe.. So our access will alway.; be easy come. easy go. ArId it'. only going to get betta Call 546-lml1oday; )OII'Illind Minneapolis \'kst Business CenIer is aI80 easy to appa:iaIe. ~-...!. . f.. N "........... ~.--....-, _ s,1lltIt-J 1llL _ ZII ..."""'___lHll_ .J . . . TOWN OF STILLWATER Box 117 Stillwater, MN 55082 NOTICE TO ALL RESIDENTS OF STILLWATER TOWNSHIP AND SURROU~DING CO~~UNITIES Dated: 06/19/88 Notice is hereby given that on July 7, 1988 (Thursday) at 7:30 p.m. in the Stillwater City Hall, the Township Planning Commission will conduct a public hearing in order to discuss a request from Minnesota Cell~lar Telephone Company to amend Township ordinances so that construction of a tower would be allowed. They are requesting that Section 604 of the Stillwater Township ordinance (reference Ordinance 80) be amended to allow antennas and towers with a Conditional Use Permit (C.U.P.) and amend Section 750 of the Township ordinance by deleting this Section and replacing it with language contained in the Washington County Ordinance 53. Street location of property where proposed tower would be located is 10425 Otchipwe Avenue North. Legal description is: The N 1/2 of SE 1/4 of Sec. 9,T30N, R20W, of the Fourth Principal Meridian, according to the U.S. Government Survey thereof, Stillwater Township, Washington County, Minnesota. All concerned will be heard. Written comments may be directed to the Planning Commission Clerk at 12411 lOath Street North, Stillwater, MN 55082. BY ORDER OF" THE BOARD _/?/A~~ Ilene R. J hns n Planning Commlssion Clerk Copies to: All Stillwater Township residents on file Surrounding Community Clerks (for disposition to local officials) Applicant: Minnesota Cellular Tel. Co...7900 Xerxes Ave.S., Minneapolis 55435 Property Owner: Glenn Smith...10425 Otchipwe Avenue North, Stillwater Roger Knutson, TWP Attorney...Box 57, South St. Paul 55075 Dennis OIDonnell...Washington County Planning Administrator TKDA, Charles Wetzler...2500 Am.Natl.Bk.Bldg...161 N. Concord Exchange 55101 . . . b/"'2t! n TOWN OF STILLWATER Box 117 Stillwater. MN 55082 NOTICE TO ALL RESIDENTS OF STILLWATER TOWNSHIP AND SURROUNDING COMMUNITIES Dated: 06/19/88 Notice is hereby given that on July 7, 1988 (Thursday) at 7:30 p.m. in the Stillwater City Hall, the Township Planning Commission will conduct a public hearing in order to discuss a request from Minnesota Cellular Telephone Company to amend Township ordinances so that construction of a tower would be allowed. They are requesting that Section 604 of the Stillwater Township ordinance (reference Ordinance 80) be amended to allow antennas and towers with a Conditional Use Permit (C.U.P.) and amend Section 750 of the Township ordinance by deleting this Section and replacing it with language contained in the Washington County Ordinance 53. Street location of property where proposed tower would be located is 10425 Otchipwe Avenue North. Legal description is: The N 1/2 of SE 1/4 of Sec. 9, T30N, R20W, of the Fourth Principal Meridian, according to the U.S. Government Survey thereof, Stillwater Township, Washington County, Minnesota. All concerned will be heard. Written comments may be directed to the Planning Commission Clerk at 12411 100th Street North, Stillwater, MN 55082. BY ORDER OF THE BOARD j~ ~~ene R~J hns n Planning Commlssion Clerk Copies to: All Stillwater Township residents on file Surrounding Community Clerks (for disposition to local officials) Applicant: Minnesota Cellular Tel. Co...7900 Xerxes Ave.S., Minneapolis 55435 Property Owner: Glenn Smith...10425 Otchipwe Avenue North, Stillwater Roger Knutson, TWP Attorney...Box 57, $outhSt. Paul 55075 Dennis OIDonnell...Washington County Planning Administrator TKDA. Charles Wetzler. ..2500 Am.Nat1.Bk.Bldg.. .161 N. Concord Exchange 55101 . ; . . . , I. ~D~~ [SC r+l\?Al~ ~;'i ~l J ~_ . RCRUL OF\fmLHIO~ SEJ\"1CES ....:~~lte ur ;'nr~L''';lHJ June 21, 1988 IN THE ~~~TTER OF: Teamsters 320 and City of Stillwater CASE NO. 88-PN-926 POLICE UNIT MEETING CANCELLED & RESCHEDULED Please be involving Monday, Tuesday, Suite 2, advised that the mediation me~ting on the dispute the above-named parties, previously scheduled for June 27, 1988, has been cancelled and rescheduled to July 19, 1988, at 9:00 a.m., at the BMS Office, 1380 Energy Lane, St. Paul, Minnesota. Kindly arrange to be present. Sincerely yours, '-Dc/}\. !3rj, (,{-e , / Ken: Boxell Mediation Scheduler KB: jt xc: Lawrence Bastian Nile Kriesel Art Sievert City Clerk Chairman, City Council (612) 6-19-5-121 1380 Energy lane. Suite #2' St. Pau!. MN 55108-5253 An Equal Opportunity Employer .~80 /01~~ ?4 ~vA 185 ':2- ~ ?je<J7J{ 00 pJ:54~ 591- ~~~ Z AV~ Jb~@l.f/z ;v~f1m ~A'7ffiJ16 0/ I J;te1~ Dt:I /0.% g7~1&J~ ~ '167 p;fr<(JL- \\/05~ ~ jar S2)/~J, ~ ,.\ 1.".\ t' I'l \\ . \\\ \\\ ,\ \',\ \\\...AP.I ~Pkj~ ~ ~ -;J!% ~~ ftS 'I\, ~ 6fJA"--' ~ 'P~ ~ fro ....... \" 'T ",\\ \\,\ \\\ 1'.\ . . 1), ~ -/rJ2'~ \\\.. 13M ~ q/ ft ;1<<1 ~tJ4~ I\\~-I 1_. \1.: .(j) MI. v t'dfl erYaJ ~ --- 'I /7~. ~/ . \1\ fil ?--./~~ ' ?uJ \\\ (!;;/' ~' \i,\ \\\ \,....1. \\ \ \ \ I'll II \\\ \\ ~\ \ \ \ III \\\ \ \ \ ,q \1 \ 1.1 \ II \\\ \\\ . . . CITY COORDINATOR RECOMMENDED RESPONSE TO POLICE PROPOSAL 12/22/87 RECOMMENDED RESPONSE POLICE PROPOSAL 1. Provide $400 annual clothing allowance to Juvenile Officer/ Investigation. 2. Overtime distributed as equally as practical. 3. Shift differential of $1.00 for evening shifts. 4. 3-hour minimum on call back (court time) 5. One year agreement 6. Increase wages to 6% 7. One additional paid holiday 8. Increase Hosp/Med insurance to $180 per month. 9. Increase Sgt. differential to 110% of top patrol. 10. Increase Juvenile Officer/Inv. to $110 per month over top patrol 11. All other items to remain in effect 12. Local 320 reserves the right to alter and/or modify demands. City will provide required articles of clothing. OK - This does not constitute any change. No Change No Change OK 1% - based on Comp Worth Study. No Change (11 paid, one non-paid) OK (could go to $185 per month) No. jncrease to $210 per month over top patrol (presently $205.) No. Increase to $105 per month over top patrol (presently $102) OK - except see #12 below OK - City does same .., .. ~ ) .' MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA 3001 University Avenue S.E. - Minneepolis. Minnesote 55414 - Phone 16-121 331-3873- ~3 December 9, 1987 Mr. Ni Ie Kr iesel Coordinator City of Sti I Iwater 216 No. 4th Street Sti Iwater, Mn 55082 RE: 1988 Pol ice Contract Modifications Dear Mr. Kriesel: . The fol lowing are the contract modifications requested on behalf of our membership employed by the City of Sti Ilwater in the above referenc~d uni~. Please review them and prepare a counter proposal. 1. Amend Article XX to provide the Juveni Ie Officer/Investigator with a $400.00 annual clothing allowance. 2. Overtime shal I be distributed in accordance with Article XII, Section 12.2. 3. Shift Differential of $1.00 per shift for any shift that has a starting time prior to 7:00 a.m. or an ending time after 3:30 p.m. 4. Court Time and Cal I Back shal I be a three hour minimum guarantee at time and one-half (1-1/2). 5. A one year agreement effective January 1, 1988 through December 31, 1988. 6. Wages shal I be increased by six (6%) percent. 7. One additional hol iday shall be granted for a total of twelve (12) hol idays. AI I hol idays worked shall be compensated at the rate of time and one-half (1-1/2). . 8. Insurance under Article XXI, Section 21.1 shall be increased to $180.00 per month. United To Protect (\ ~~ ,0 ~<v". ... .. .. '. l Page 2 . 9. The Sergeant differe tial shal I be adjusted to ten percent ( 1 0 % ) 0 v e r the Top P t r 0 I ra t e . 10. The Juveni Ie Off icer Invest igator di fferent ial shall be $110.00 per month. 11. AI I other items to r main as presently in effect. 12. Teamsters Local No. modify demands durin 20 reserves the right to alter and/or the course of negotiations. Sincerely, TEAMSTERS LOCAL NO. 320 Lawrence Business LMB/jms OPEIU-#12 . . ~(;. o "- ~. ~ . r illwater ~ --~ ~ -~ THE BIRTHPLACE OF MINNESOTA J TO: Mayor and City Council FR: City Coordinator DA: June 24, 1988 RE: St. Croix County Highway and Bridge Commission Annual Meeting . Mr. Tom OJKeefe, St Croix C6umtyHighway Commissioner, has informed me that the St. Croix County Highway and Bridge Commission will be holding their annual meeting in Stillwater at 3:00 p.m., Tuesday, July 12, 1988. The Commission will be discussing the new bridge situation at their meeting, and Mr. O'Keefe would like to have the Mayor and City Council (some if not all members of the Council) attend the meeting to explain or discuss the City's position regarding the new bridge. Please attend if you can. cc: Tom O'Keefe ~;b . CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121