HomeMy WebLinkAbout1989-11-07 CC Packet
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AGENDA
STILLWATER CITY COUNCIL
November 7, 1989
REGULAR MEETING
RECESSED MEETING
4:30 P.M.
7:00 P.M.
4:30 P.M. AGENDA
STAFF REPORTS ~
-l. Finance Director 4. Comm. Dev. Director 7. Fire Chief
j 2. Public Safety 5. Parks & Recreation ~. City Attorney
3. Public Works Dir. 6. Consulting Engineer A. City Cl erk
10. City Coordi nator
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7:00 P.M. AGENDA
CALL TO ORDER
INVOCATION
IROLL CALL
APPROVAL OF MINUTES - Regular Meeting, October 17, 1989.
INDIVIDUALS, DELEGATIONS AND COMMENDATIONS
vl1. Debbie Banken, Widmark Investments - Discussion of refuse pick-up for
Victoria Villas Apartments.
~PUBLIC HEARINGS
1. This is t~eday and time for the Public Hearing on a request for a ~pecial
Use Permit to conduct a retail craft business in a home at 404 W.
Churchill St. located in the RB, Two Family Residential Dist., Cheryl
Larson and Gretchen Anderson, Applicants. Case No. SUP/89-68.
Notice of the Hearing was published in the Stillwater Gazette on
October 26, 1989 and copies were mailed to affected property owners.
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This is the day and time for the Public Hearing to consider Preliminary
Plat Approval for the subdivision of a 14.963 acre parcel (Outlot B,
Parcel 3, Stillwater Industrial Park) into seven lots on the northeast
corner of Curve Crest Blvd. & Washington Ave. in the IP-I, Industrial Park
Industrial Dist., Prime Site, Inc., Applicant. Case No. SUB/89-69.
Notice of the Hearing was published in the Stillwater Gazette on
October 26, 1989 and copies were mailed to affected property owners.
This is the day and time for the Public Hearing on a Zoning Ordinance Text
Amendment for a new comprehensive Parking Ordinance for the entire City of
Stillwater, City of Stillwater, Applicant. Case No. ZAT/89-8.
Notice of the Hearing was published in the Stillwater Gazette on
October 26, 1989.
This is the day and time for the Public Hearing to consider Residential
Permit Parking in the area around the Stillwater Senior High School.
Notice of the Hearing was published in the Stillwater Gazette on
October 27, 1989 and mailed to affected property owners.
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/ UNFINISHED BUSINESS
1. Review of Findings of Fact regarding visual conspicuousness of structure
located in the RiverwcY Bluffland/Shoreland Dist., Alan Rousseaut
Applicant. (Resoluti(n)
/2.
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Possible second readir g of an Ordinance amending Chap. 43.01, Subd. 3,
regarding elimination of requirement for a Surety Bond for Liquor
Licensees.
13.
Possible second readir g of an Ordinance relating to annexation of the
Krogstad property.
ftJEW BUSINESS
viI. Adoption of Resolutio pertaining to a Sexual Harassment Policy.
PETITIONS, INDIVIDUALS & ELEGATIONS (continued)
tI CONSENT AGENDA
1. Resolution Directing ayment of Bills (Resolution No. 8193)
2. Applications (list to be supplied at meeting)
/ COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
~MMUNICATIONS/FYI
vii: Richard Kilty, offer 0 purchase City property located on Third St., north
of the Chestnut St. s airs.
QUESTIONS/COMMENTS FROM N WS MEDIA
ADJOURNMENT
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STAFF REQUEST ITEM
DEPARTMENT _2Y~b!~_~8EgIY_=_2Qbl~~_----- MEETING DATE _~Q~~_Z~_l~~~__
e DESCRIPTION OF REQUEST (B'r'iefly O:lutliY"le what the 'r'equest is)
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FINANCIAL IMPACT (Briefly outline the costs, if any, that are
associated with this reques~ and the pt~oposed sout~ce o"f the funds
needed to fund the request)
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ADDITIONAL INFORMATION ATTACHED
YES ~~~ NO
ALL COUNCIL REQUEST ITEMS ~Y~I BE SUBMITTED TO THE CITY CLERK A
MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED
COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET.
Q8~IQ_~8H~QBIgB_E~e~Q~__~~~----- DATE
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SUBl'rlITTED BY
NOV. ;=: 1989
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illwater
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THE BIRTHPLACE OF MINNESOTA ' J
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DAVID MAWHORTER
PUBLIC SAFETY DIRECTOR
POLICE CH!EF
f)
GORDON see
FIRE CHIEF
o PARTMENT OF PUBLIC SAFETY
DIVISION OF POLICE
M E M 0 RAN DUM
TO:
MAYOR AB AHAMSON, MEMBERS OF THE CITY COUNCIL AND NILE
KRIESEL, CITY COORDINATOR
RE:
APPOINTM OF DONALD BEBERG TO THE RANK OF POLICE
CAPTAIN
PUBLIC SAFETY DIRECTOR
FROM:
D. P. MA
DATE:
OCTOBER .-'7, 1989
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As directed in the Cou cil meeting of October 17, 1989, I am
submitting a proposal 'or the cr2aticrn of the position ~f Police
Captain 1~ thsPolice epartment ana recommending the appointment of
Sgt. Donald Beberg to "hat position.
In p~'epa~'ing this P'r,.:.pcsal, I sU'r'veyed "nine c1t1es 11'1 the Star,tiorl e
five group that were n ar our population. These Cities were; Prior
~aKe, Shakopee, MoundS 1ew, Haistings, RODblnsdale, Hopkins, Oakdale.
Anoka and Woodbury. e results of the survey are as follows;
All of them a position of Lt. or Capt. on their
departments. This position was the second in command for
the depat'tmer,t.
Wages varied trom a low of 3.6~ over the Patrol Sergeant
compensation to a high of 20.9~ over the Patrol Sergeant.
The average w~s 11~ over the Patrol Sergeant. The total
Stanton group five cities average was g~ over the Patrol
Se"r'geayrt.
In all ~ne sU'rveyed cities, the Lt. and/or Capt. was not a
member of the bargaining unit.
In all the surveyed cities, the Lt. and/or Capt. did not
qualify for overtime.
In all but one of the surveyed cities, the Lt. and/or Capt.
did not receive longevity, it was built into the base wage.
In all the surveyed cities, the Lt. and/or Capt. worked a
five day wO"r'k eek with Sat. arId '3,-lY"I. arId a 11 ho 1 idays off. e
212 orth Fourth Street. Stillwater. Minnesota 55082
Police Phone: 612-439-1314 or 612-439-1336
Fire Phone: h1?-41Q-n1?O
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None of the cities paid holiday pay, this was also built
into the Lt. and/or Capt. wage so that the Sergeants did not
make more money than the Lt. and/or Capt.
Five of the the cities appointed the Lt. and/or Capt., the
others promoted.
I would like to propose the following regarding the position of
Police Captain for the Police Department;
That Sergeant Donald Beberg be appointed to the position.
That he work a straight Monday through Friday schedule wlth
weekends and holidays off unless special circumstances
exist.
That the following wage and benefit package be provided to
him;
a) Wage of 10% over the wage package of Patrol Sergeants
including base wage at top patrol, longevity at the
maximum step, holiday pay at Patrol Sergeant rate, and
the Sergeants monthly spread. This would put Captain
Beberg's monthly wage at $3,859.86 for the rest of 1989
and at $4,020.58 a mQ~ith fo~~ ~990.
....... . .. ..
~~'lS MO~~~t'lY, waga
a month over the
amounts to a difference of $365.50
wage of the Patrol Sergeant. It should be noted that
there is an increase in the Sergeant's spread for 1990,
estimated at $25.00 a month, factored into the
Captai~i's waga package.
Please ~lna the proposed Job description and employment agreement far
the position of Police CaptaIn.
Thank you in advance for your consideration of this request.
E PLOYMENT AGREEMENT
In 1 S agt'eerllerlt made t e ______ day of __________, 1'3 by and between tit
the City of Stillwate'r, a municipal corporation organized and
existing under the la s of the State of Minnesota, hereinafter called
the EMPLOYER, and Don Id Beberg, in the County of Washington, State
of Minnesota, hereina ter called the EMPLOYEE, witnesseth:
1. QYII~~
a. The EMP OYER agrees to employ and the EMPLOYEE agrees
to acce t employment with the EMPLOYER in the position
cof POLl E CAPTAIN .:::,s desc'r'ibed in Exhibit "B", fClt' the
duratio1" of this agreement. The EMPLOYEE agrees to
faithfully and dutifully perform the duties of the
positio1" of POLICE CAPTAIN and not to accept any other
employm nt other than that specifically approved by the
City COlncil and the Public Safety Director. The
EMPLOYE agrees to retain the EMPLOYEE in the position
of POLl E CAPTAIN during the duration of this agreement
in acco'rdance with the terms and provisions of this
agreemer t,
b. The EMP' agrees that the said EMPLOYEE shall be the
PATROL PERATIONS COMMANDER OF THE POLICE DEPARTMENT.
The EMP OYER further agrees that the EMPLOYEE shall not
be boun to follow any order or directive given in
vic.latic1"1 c.f the laws of the U1"lited States, the State e
of Minn sota, the County of Washington or the City of
St i llwater.
c. Regular wor~kin9 h'':II_lt'S shall be I'..:.t'nl a cl.lll. t,,:, --+;30 ~.fIl.
Monday through Friday. It is further understood that,
from tine to time, the EMPLOYEE may be required to vary
working hours according to operational demands of the
Police epartment.
2. QYB8I!Q~_QE_
The parties cgree that the appointment of the EMPLOYEE as
POLICE CAPTAIN shall be for an indefinite term, subject to
the provisio1"s of this agreement and any other provisions
which may be agreed upon by the EMPLOYER and EMPLOYEE at
some future time. The annual anniversary date of this
agreement sh 11 be January 1 of each succeeding year.
~8b8BY_8~Q_2-~~EII~
a. The EMP OYER shall provide fc.r the EMPLOYEE sala'r'y and
be1"lefitc:: as stated i1"l Exhibit "A" \.'Jhicn shall becc.me
part of this agreement.
b.
EMPLOYEE'S sala'r'y a1"ld be1"lefits (pet' Exhibit "A") shall
be revi wed annually and adjusted accordingly by the
City Council based upon recommendation of the Public
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Safety Director and his appraisal of the EMPLOYEE'S
ongoing performance and other relevant criteria.
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Within thirty (30) days of each annual anniversary date of
this agreement, the Public Safety Director shall review and
evaluate the performance of the EMPLOYEE. This performance
review will be biased upon management goals and objectives
agreed upon by the EMPLOYEE and the Public Safety Director
and established at the beginning of the rating period. The
evaluation shall be predicated upon these mutually agreed
upon criteria as well as any other relevant criteria and
production standards deemed appropriate by the Public Safety
Director. A list of such criteria shall be furnished to the
EMPLOYEE prior to the commencement of the evaluation.
The Public Safety Director shall provide the EMPLOYEE Wl~n a
written summary statement of the performance evaluation and
shall provide an opportunity for the EMPLOYEE to discuss the
contents thereof with him for the purpose of improving the
overall~ffectiveness of the EMPLOYEE in his position.
5.
~8~~~bb8IIQ~
The parties agree that this agreement may be cancelled in
any of the following ways:
a) That the parties may, upon mutual agreement which is
reduced to writing and signed by the parties, cancel
this agreement upon such conditions as may be
acceptable to each of theM at such time; or
b) The EMPLOYER or the EMPLOYEE may cancel this agreement
unilaterally at any time upon thirty (30) days notice
in writing provided that the EMPLOYEE shall be entitled
to return to his former position as Police Sergeant.
c.
2BQEse~lQ~8b_~sYsbQ2~~~I
The EMPLOYER recognizes its oollga~lon ~u cne professional
development of the POLICE CAPTAIN and agrees that the
EMPLOYEE shall be given adequate opportunities to develop
his skills and abilities as a POLICE CAPTAIN, and the
EMPLOYEE agrees to participate in professional development
activities provided such participation does not consume a
disproportionate amount of time and contribute to a failure
on the part of the EMPLOYEE to discharge his duties as
determined by the Public Safety Director. The EMPLOYER
agrees to budget and pay for professional travel, and
meetings in an adequate fashion to continue the professional
development of the EMPLOYEE and to adequately pursue
necessary official functions of the City.
The EMPLOYER also agrees to budget and pay for travel and
subsistence expenses of the EMPLOYEE for short courses,
institutes and seminars that are necessary for the
p'r'ofessio1"Jal developr'le1"lt elf the E,'lPLOYEE al'"ld fC'r' the good .::or
the Ci ty.
The EMPLOYER further agrees to budget and pay for
p'r'clfessional dues and subsc'r'iptio:o1"'s clf the EiT1PLOYEE
reasonably related to the professional growth, development,
education and training of the EMPLOYEE.
7) ~QQIEI~8I!Q~
No change or modification or this agreement shall be valid
unless it shall be in writing and signed by both of the
pa'r't i es.
8) 822.BQ~8b
This agreement shall be effective for such lawful period of
time as shall be prescribed by ordinance, statute,
regulation or resolution, upon execution thereof by the
Mayor upon the approval of the City Council.
g) b8~_~Q~~B~1~~
This ag'r'eeme1"lt shall be c':ol'"lst'r'ued al'",d gClve'r'1"Jed by tne laws
of the State of Minnesota as to interpretation and as ~o
pel"'fol"'mal'"lce.
10; ~~Y~E8~lblli_9 _2BQYI2IQ~~
If any clau~2 ~~ p~ovisicns of this agreement snal~ ce
determined to e illegal or to be void as against public
policy, the renainder of this agreement shall not be
affected there y.
IN WITNESS THEREOF,
executed this agreement
on this _____ day of
:=OR
THE EirlPLOYER:
Mayo;)l"'
City Cle'r'k.
the parties hereto have
arid Exhibit "A" a1",d "B"
1'3
FOR T;'~E
-......r-.? ,.....,\.'.-~_
;;:'PH-OL-W" t:.:::. .;
Donald Bebe'r'g
WITNESSES:
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EXHIBIT "A"
The EMPLOYER shall provide to the EMPLOYEE the following benefits:
I. SICK LEAVE
1. EMPLOYEE shall receive payments on account of physical disability
to work by reason of sickness. For the purpose of this agreement,
sickness shall include injury other than accidental injury arising
out of and in the course of employment by the City. Sickness
benefits shall be as follows:
a. If term of employment has been six (6) months but less than
two years, one week full pay.
b. If term of employment has been 2 to 5 years - full pay 4 weeks;
half pay 9 weeks.
c. If term of employment has been 5 to 10 years - full pay 13
weeks; half pay 13 weeks.
d. If term of employment has been 10 to 15 years - full pay 13
weeks; half pay 39 weeks.
e. If term of employment has been 15 to 20 years - full pay 26
weeks; half pay 26 weeks.
f. If term of employment has been 20 to 25 years - full pay 39
weeks; half pay 13 weeks.
g. If term of employment has been 25 years or more full pay 52
weeks.
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2.
No disability benefits shall be paid for absence in excess of three
(3) consecutive days without doctor's certification as to sickness.
3. Successive periods of sickness disability shall be counted together
as one period in computing the period during which the employee shall
be entitled to benefits, except that any sickness occurring after
an employee has been continually engaged in the performance of duty
for one year shall be considered as a new sickness and not part of
any disability which preceded such period of one year.
4. If employee is receiving Worker's Compensation benefits because of
job connected injury or sickness shall, if the employee assigns his
check to the City of Stillwater, receive full wages for that period.
Or, if the employee is receiving Worker's Compensation and does not
assign his check, the employee will be paid for the difference
between the Worker's Compensation allowance and his regular weekly
pay. Sick leave shall then be figured on a prorated basis with no
deduction of leave being made for that portion of the employee's
absence which is covered by Worker's Compensation.
5. For the purpose of this Article, sick leave shall accrue in
accordance with the schedule in Section 16.1 on the January 1st
immediately preceding the anniversary date of employment.
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6.
Sick leave will be suspended after benefits has been exhausted.
However, if the employee who has fulfilled all of the requirements
for vacation which has not been taken may request pay during
disability. fter all sick leave benefits have been exhausted, any
disabled empl yee may apply, in writing, for an authorized leave of ~
absence when ded to the period whicn benefits have been paid shall
not exceed on year. Such application shall be accompanied by a
physician's c rtificate to the effect that such disabled employee
has not been le to return to work. Upon return to employment, the
employee shal retain all accumulated service credit for time worked
prior to the employee's disability but shall receive no service
credit for th period of absence.
II. VACATION
1. The EMPLOYEE shall be entitled to vacations according to the
following sch dule:
o - 4 years
5 - 10 years
11 - 15 years
One (1) addit onal day for eacn year up
5/6 day per month
1-1/4 days per month
1-2/3 days per month
to twenty (20) years.
2. Vacation shal accrue on the January 1st immediately preceding the
anniversary d te of employment.
3. Vacation usag shall be subject to the following conditions:
a.
EMPLOYE shall take vacation in units of not less than one
week's duration unless authorized by the Public Safety
Directo .
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b. OYEE may not elect to take vacation pay in lieu of
time, except in the event of disability as
fore provided under Sick Leave.
c. A max" of six (6) weeks vacation may be accrued and a
of six (6) weeks of vacation may be taken during any
calenda year. However, it is understood that the duties and
respons'bilities of the EMPLOYEE may require deviation from
this pr vision. Therefore, this provision is intended to be
a guid for establishing vacation usage that is mutually
benefic"al to the EMPLOYER and the EMPLOYEE.
III. SEVERANCE PAY
One-half of unused isability benefits shall be granted as severance pay
upon retirement du to age or physical disabili ty to employee having
completed not less han ten (10) years of service with the City. In the
event of death whil still employed, the surviving spouse, if any, or if
no surviving spous , minor children, if any, shall be entitled to such
severance pay in th same amount as though such employee had retired due
to age or physical disability, as provided above, but in no event shall
such death benefit xceed sixty (60) days of full pay.
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VI.
HOLIDAYS
1. The EMPLOYEE shall be entitled to holidays as provided for in the
City's Personnel Policy.
V. OTHER LEAVE
1. The EMPLOYEE shall be entitled to ather leave as provided for in the
personnel policy.
VI. INSURANCE
1. The EMPLOYER will contribute up to a maximum of $195.00 per manth
during 1989 toward graup health insurance including dependent
coverage.
2. The EMPLOYER will also provide a $15,000 term life insurance policy
for EMPLOYEE. It is understoad that the group health and term life
insurance shall be the same as is presently provided to other City
employees.
3. Any changes in the EMPLOYER contribution toward group health and term
life insurance shall be provided for under 3(b) of the agreement
between the EMPLOYER and EMPLOYEE.
VII . SALARY
1. The EMPLOYER shall pay ta the EMPLOYEE a monthly salary of
for the period beginning 1989 and ending December 31,
1989. Said salary shall be bimonthly to the EMPLOYEE.
VIII. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
1. Salaries, benefits and other terms and canditians of employment not
specifically covered by this agreement shall be as provided for in
the employer's personnel policy and procedures manual.
IX. AMENDMENT
1. Any changes to EMPLOYEE'S salary and benefits shall be as provided
for in 3(b) .of this Employment Agreement between the City of
stillwater and Donald Beberg.
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Maintains liaison with ather staff and .officers within the department to assure
a coordinated public safety program is maintained within the community.
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Plans and submits annual rojections of financial needs for assigned divisional
operations to assist in the overall budget development. Oversees assigned
divisional operations bu gets to assure expenditures remain within budgeted
allocations.
Supervises the training f nctions of the divisions. Evaluates ideas concerning
needs and potential resou ces, revises program recommendations and participates
as an instructor as deeme necessary.
Maintains various statist cs and other records as necessary to enable analytical
evaluations of trends an needs. Submits monthly and annual reports to the
Public Safety Director a d performs research and compiles data as appropriate
for long term divisional bjectives.
Develops yearly and period' c special goals and objectives for assigned divisional
operations and ensures th t they are achieved.
Performs all internal inv stigations for the department.
Performs all other dutie and assumes all other responsibilities as apparent,
assigned or delegated by the Public Safety Director which include but are not
limited to affecting the ransfers, suspension, demotion, promotion, discharge,
assignment, reward, disci line, direction and handling of grievances according
to department directives nd standard operating procedures.
EDUCATION AND TRAINING RE UIREMENTS
P.O.S.T. licensed, supp
administration; at leave
the rank of Sergeant or
QUALIFICATIONS
emented by course work in police superVlSlon and
ive (5) years of first line supervisory experience at
ove.
Considerable knowledge of the principles of modern police administration.
cientific methods of crime detection and criminal
Thorough knowledge of
identification.
Knowledge of the, operatio of computers and various software products including
Lotus 123 and Multi-mate or similar programs.
Through knowledge of fed ral, state and local laws and ordinances which are
enforced by the departme t.
Through knowledge
equipment used in
s and uses of firearms, communications and automotive
police work.
Through knowledge of equ'pment and materials purchasing practices.
Know ledge of the funct' ons of federal, state and local j ur isdictions and
authorities as they rela e to police work. 41'
Ability to plan, evalua
and direct the work of a number of subordinates,
e performing varied police functions.
Ability to plan, install and carry out assigned programs of departmental
operations and activities.
Ability to prepare and present effectively oral and written' informative materials
relating to the activities of the police department.
Ability to establish and maintain effective working relationships with other city
officials, civic and official groups and the general public as well as to command
and hold the respect of subordinates.
Ability to react calmly and quickly in case of emergency and to make reasonable
decisions in such incidence.
Ability to prepare and present effective communications relating to the
activities of the police department.
EXAMPLES OF PERFORMANCE CRITERIA
Establishes effective working relationships with others.
Carries out assignments and duties under limited supervision.
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Prepares personnel reports, and such other routine and special reports as
required in an accurate manner.
Maintains due regard for the safety and welfare of personnel under his command.
Provides direction and assistance in the development of subordinates.
Assists and guides subordinates as needed, evaluates their performance, provides
assigned instruction and recommends developmental steps.
Sees that all members assigned to his command have read and understand
departmental rules, regulations and orders.
Reports in writing the absence from or neglect of duty, violations of the rules
regulations and orders of the department with detailed written statements
forwarded to the chief of the departments.
Researches and critically analyzes the usefulness of projects, both proposed and
in progress, and products.
Takes appropriate disciplinary action when necessary.
Fairly and appropriately interprets and enforces department directives, standard
operating procedures and special orders.
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Performs internal investigation and recommends and/or take appropriate
disciplinary action.
Takes command and makes proper decisions at crime scenes.
Delegates work appropria ely and follows up to assure property results are A
obtained. .
Schedules and deploys sub rdinates in a manner that best achieves the mission
and goals of the departme t.
Monitors budget and repor s as appropriate.
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STAFF REQUEST ITEM
DEPA RTMENT ___-"_~~L!~~___________________ ~1EET I NG DATE
11-07 -89
DESCRIPTION OF REQUEST (Briefly outline what the request is)
!..:.. Enlarge the parking lot in front of the Police and Fire Departments garages ~
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Currently the PD has to move cars.to get int%ut of the garage. This would move
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the parked squads ahead and out of the way of the door. By moving the parked 'squads
ahead, there would be more room for the fire trucks to get out of their garage and
more room for them when returning and backing into the garage. Their trucks are
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longer and harder to maneuver then when the current design was laid out. We propose
cutting back the grassy area to the East of the Police parking area a total of 22 ft.
This would be ample room to satisfy the needs of both de~artments parking problems.
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P.W. Director Junker figures the bank could be cut back and terraced and there would not
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be a need for a wall of any type ahead of the squad parking area.
There is a need for additional lighting where the squad cars are parked and we ask for
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1 additional light the same as was installed on the Fire Department to light up the
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parking lot to the South of the Fire and Police Departments~
FINANCIAL IMPACT (Briefly outline the costs, if any, that are
associated with this request and the proposed source of the funds
needed to fund the request)
Per Public Works Director Junker the total cost would be $2,000.00 maximum for the
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parking lot change. ($100.00 storm drain covert $300.00 class 5 fill which would
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also be the base for the asphalt, $1,600.00 for asphalt next summer).
h The hew parking lot lights 'that were installed on ,the FD that shine on the main
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parking lot were $300.00 each. One of these is needed to light up the area where
-tnesquaocarsare-parKed~-It-woul0De-mounteaon-tnemunrcipal-buiidrng~--~---
ADDITIONAL INFORMATION ATTACHED YES X NO
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ALL COUNCIL REQUEST ITEMS ~~~I BE SUBMITTED TO THE CITY' CLERK A
MINIMUM OF FIVE 'WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED
COUNCIL ~lEETING ,~gRDER, TO BE ~::;/~ THE COUNCIL MATERIAL PACKET.
SUBMITTED BY __~~~~~ _____~~____ DATE ~p~_l_~~__-__
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The attached drawing show the area to be enlarged (the checkered area). Also
1 tree would have to be c t down and 1 arbovitis tree would have to be taken
out too. This is include in the $2,000.00 figure. All of the parking lot labor
would be the City Crews a d the electrical by an electrical contractor.
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STAFF REQUEST ITEM
DEPARTMENT _eY~bl~_~8E~IY_=_egb!~~______ MEETING DATE ~Q~~_Z~_l~~~___
DESCRIPTION OF REQUEST (Briefly outline what the request is)
8_B~QY~~I_IQ_eYB~~8~s_8_~s~_QEEI~~_~~8!B_EQB_I~~_~YBB~~I_e~R~~8~I~~__
QEEI~g~--Ib~_QN~_I~8I_I~_~YBE~~IbY_!~_Id8I_QEEI~~_b8~_8_~EQ~~~_~8~~__
Ib8I_~8~~QI_~~_B~e8!B~Q~_____________________________________________
------------------------------------.-.-----------------------------------
------------------------------------------------.------~---------------
"---------------------------------------------------------------------
-------------------------------------------------------..-----------------
----------------------------------------------------------------------
---------------------------------------------------------------------
----------------------------------------------------------------------
---------------------------------..--..-.----------------------------------
--------------------------------------------------------------------
FINANCIAL IMPACT (Briefly outline
associated Wl~n this request and
needed to fund the request)
the cc.sts, if a1"IY, that a'r'e
the proposed source of the funds
I~s-~Q~I-QE-I~~_~b8IB_I~_!~QQ~QQ_8~R_EY~Qe_8B~_8~8Ib8~b~_I~_I~s______
~YP.~~I-_EQB_Ib~_~YB~~8~g_QE_Ib~_~~8IB~________________________________
----------------------------------------------------------------------
----------------------------------------------~-----------------------
---------------------------------------------------------------------
ADDITIONAL INFORMATION ATTACHED
YES
NO XXX
ALL COUNCIL REQUEST ITEMS ~Y~I BE SUBMITTED TO THE CITY CLERK A
MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED
COUNe I L MEET I NG H~L OR-EfR(TO 7~-~. ;::U~C:::D I N THE CGUi"-JC:;: i.- jylATER I AL PI~C:..;~E-;.
I ~~/, I/:d; /l h /
SUBI'r1 I TTED BY --4-------~-..,L--4~::::..':.L._.___.__________ DATE -L<<LLi1-______
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STAFF REQUEST ITEM
OE~ARTMe:NT
PI RE DEPT.
---
.....~____ ME~TING DATE
Nov. 7, 1989
-----------
OESCRIPTION OF REQUEST (Briefly outline what the reque~t is)
.B.e.32;~~t.1'.E2~~l.2!:_~ Fi!:efighter Engi.-~~r fO.J'..~~~_~~_~l_a~~!.~s.~~_____
.JiO.Y~!!!P.E:..!.c._t913.2.:.Ji.ELJ?as passed the wr..!.!te..n & 2ras.~..t.~_~.e!!..~ly ___
~l1.:._________
r ___ r __.. __---v--q'-__________
------------------------------------------------------~--------------
--------------------------
--------------------------------------
----------------
-,.---------------------------
_-4- _ __
...... __ ...___-6.._
-----------------------------------
------------------------
------------
--~--------~~-~
----------------
F!NANCIAL IMPACT (Briefly outline
associatad with this request and
needed to fund the request)
the eo~t$, if any, that are
the propo~ed source of the funds
His pay scale will raise .soc per hr.
------
.AT...........__....______________
-----------------
"'---------------------
--------------
~-------------
-- . - -
.....d>. ..____.............---4> Wl'.._____________
AOOITIONAL INFORMATION ~TTACHED
YES _ NO
x
--
ALL COUNCIL REQUEST I~~S ~~ BE SUBMITTED TO THE CITY CLERK A
MINIMUM OF F!VE WORKING nAYS PRIOR TO THE NEXT RE~ULqRLY SCHEDUL:n
COUNC!L MEETING IN. OR~/ 0 BE PLAC~)H!N THE COUNCI~ MATERIAL PACKET.
SUBMITTED BY ~% L ac~"-'~ DATE ~_~, l!~~_
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ST~FF REQUEST ITEM
OE~ARTMENT ~_~_YJ~ DEPT.
________ ME~T!NG OATE
Nov. 7, 1989
---.---------
OESCRIPT!ON OF REQUEST (B~iefly outline what the request is)
____..&S11~t.~mi_EU>j2!l t:9 s~nd eiaht qarsQnll2.!._~Ei~~CW~~2~~~_
______JR--...vw__
-- - -----------...-.------
__---6..4M"_________~_
-------------
---------------------------------------------------------------------
---------------------------------------------------------------------
_______ __...:.A ____.d.... bd __ ..-............ ....._...._______________________________
'V__ .... ...... ______
---------------------------------------------------------------------
------- ~----------------
FINANCIAL IMPACT <Briefly ~utline
associatad with this request and
neeaed to funa the request>
the costs, if any, that are
the proposed source ~f the runds
____~ost is $600.00 dollars which has been bud~eted for.
------------... ..----------
----------------....----------
--...------------
~ ----------------
----------------.
__ _.... _______--w-:-w _______.__________
ALL COUNCIL REQUEST I~~S
M!N!MUM OF F!VE WORKING
COUNCI.l. MEETING !N ORO . TO
NO -L
MU3I BE SUBMITTED TO THE CITY CL~RK A
DAYS PRIOR TO Tl-lE NEXT RE!3ULQRL Y SCHEDUL~!J
!N THE COUNCIl. MATERIAl. PACKET.
ADD!TIONAL INFORMATION ATTACHED
YES
SUBMITTED BY
NQy.. ?. l.2a<l__
OAT~
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GORDON SEIM
FIRE CHIEF
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DAVID MAWHORTER
PUBLIC SAFETY DIRECTOR
POLICE CHIEF
THE BIRTHPLACE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF FIRE
TO:
Mayor. City Council Members,
Sa.te-ty Director
City Coordinator and Public
~~
:- K:
.-.' ..
j_,n~e2
Sei :n,
Gordon
t" .l.:ce
DA:
11-2-8'3
HE:
Promo~~ons, 8a~thol and Glaser
Earlier th~s year we had discussed the promoting of Bob Barthol and
Paul Glnser for the purpose of better structuring in the areas of
command and reward for the Jobs they are already performing within
the fire department. At this time I would like to continue this
process by asking that these promotions be granted. pend~ng proper
wage or contract negotiat~ons with Mr. Kriesel. These promotions
will allow two more of the regulars to be placed ~n the incident
command system at a high level. This is very important to us
especially in day time response woen we are lacking command people.
By March 1, 1990 we are required to have a incident command program
fully in place and operational. (OSHA final rule)
In the initial discussion of these promotions I asked for a
Lieutenant and a Captain in the areas where their primary dut~es
would be maintenance and inspection. After much study in this area I
feel that both jobs should hold the title of Captain. The title of
Lieutenant in this department is a replacement position when a
Captain is not available. This is not what I had in mind for this
position. At this time I would like both these pos1tions to be
Captains.
According to the people I have talked to these people can remain in
bargaining group or removed from it iz the Council so desires. This
will be no problem with the fire department.
F()rfT'l 209' DI<,;I< snV1
212 North Fourth Street, Stillwater, Minnesota 55082
Police Phone: 612-439-1314 or 612-439-1336
Fire Phone: 612-439.6120
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POSITION TITTLE:
DEPARTMENT:
ACCOUNTABLE TO:
POSITIONS SUPERVISED:
Regular Captain-Maintenance Director
Fire Department
Fire Chief- Assistant Chiefs
Lieutenants-Engineers-Firefighters
PRIMARY OBJECTIVES OF POSITION
Acts as a superviser
supervises fire ground
superior officer.
over a fire company
tactical operations
on an assigned shift,
until relieved by a
To oversee and to participate in maintenance and testing of building,
all fire units and equipment
MAJOR AREAS OF RESPONSIBILITY
The listed responsibilities may not include all duties performed by
the Maintenance Chief
Light vechickle maintenance
Building maintenance
Inspects gear and equipment for wear or damage
Makes budget for the maintenance department
Keeps exacting records for maintenance department
Makes the monthly schedules for inventory and maintenance
Schedules and arranges for legally required testing of apparatus and
equipment
Supervises all other personnel activities pertaining to maintenance
To participate in suppression duties as directed by the chief and by
the standard operating procedures of this department
Arranges for repairs of vehickle or equipment beyond the limits of
our ability
Deals with sales people and companys pertainent to the operation of
this department
Submitts monthly activity report to fire chief
EDUCATION AND TRAINING REQUIREMENTS
AT least 5 years actual firefighting experience and ? years in the
maintenance division.
KNOWLEDGE AND SKILLS
Must be mechcanically inclined
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Ability to maintain records and write reports
Ability to direct all operations of maintenace department effiecntly
and wi~hout conflict
Workable knowledge of hand tools and equipment
Considerible knowledge of O.S.H.A. laws and N.F.P.A.
pertaining to building, equipment, or firefighting gear
standards
Ability to communicate effectivly
Ability to prepare budget for this area of our operation
EXAMPLES OF WORK PERFORMED
The Captain- Maintenance Director will be prepare, post, delegate and
participate in maintenance and inventory schedules
The Captain-Maintenance Director
records of required service and
S. C. B. A. etc.}
will prepare and maintain exacting
testing ( oil changes, hose test,
The Captain-Maintenance Director will arrange for any outside tests
or' L'eopair
The Captain-Maintenance Director will effectively manage the fire
scene until relieved by a higher ranking officer
) ~
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POSITION TITTLE:
DEPARTMENT:
ACCOUNTABLE TO:
POSITIONS SUPERVISED:
Regular Captain-Inspector
Fire Depar~ment
Fire Chiei- Assistant Chief
Lieutenants- Engineers- Firefighters
PRIMARY OBJECTIVES OF POSITION:
Acts as ,superviser over a f~re
supervises fire ground tactical
superior 01~icer. To en~orce
investigate fires of suspic~ous or
company on an assigned shift,
operations until relieved by a
fire and life safety codes and to
undetermined cause in the city.
MAJOR AREAS OF RESPONSIBILITY:
To inspect and inforce applicible codes in existing bu~ldings in the
following areas, but not limited to such.
Day Care, (child, group, institutional)
Adapted Living Program <functionally retarded>
Mothers Day Out Day Care
Adult Day Care (elderly)
All Commercial Buildings and Business
Bed and Breakfast
Hotels and Motels
Hospitals and Clinics
Schools
Rest Homes
Board and Care Homes
Residential Over Three Plex
Hazardous Material Inspection (including townships)
To do plan checks on new construction projects <fire department
portion)
To work with building and zoning of~icals on inspection matters to
bring them to a legal conclusion
To do inservice training on fire equipment or evacuation procedures
at schools, hospitals, clinics or other areas at their request
To inspect and control the storage, use and handling of explosive.
flammable, combustible, toxic, corrosive and other hazardous gaseous,
solid and liquid materials
To over see the installation and maintenance of automatic, manual and
other private alarm systems and fire extinguishing equipment
The maintenance o~ fire escapes
The investigation of the cause, origin and c~rcumstance of fire
To assist the City Attorny in preparing code violation cases for
court
To participate in fire suppression duties as directed by the Chief
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EDUCATION AND TRAINING REQUIREMENTS:
At least five years of actual firefighting experience and two years
of classroom and on the job training pertaining to fire codes,
building codes, life safety codes and investigation techniques.
KNOWLEDGE AND SKILLS
knowledge of the Uniform Fire Code, Uniform Building
Safety Code, Minnesota State Building Code Ependix E ,
and S.A.R.A. Laws and N.F.P.A. or similar standards
to inspection and investigation
Conciderable
Code, Life
O.S.H.A.
pertaining
Ability to prepare a budget in this area
Ability to establish and maintain an effective working relationship
with other departments of the city, the public, fire suppression and
legal personnel
Ability to maintain readyness in areas of fire suppression, medical,
or rescue situations
Ability to maintain records and prepare reports
EXAMPLES OF PERFORMANCE MATERIAL
All codes to be inforced consistantly and with fairness
To bring all violations to a legal conclusion,
without exception
expediently and
To determine cause,
professional manner
origin and circumstance of fire in a prompt and
To effectively supervise firefighters on his/her shift in matters of
scheduled work
To effectively manage fire ,scene until relieved by higher ranking
officer
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CHAIN OF COMMAND
Stillwater Fire Department
Administrative
Public Safety Director
Dave Mawhorter
Operational
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Fire Chief
Assistant Chief 1
Assistant Chief 2
Assistant Chief 3
Captain
Captain
Captain
Captain
Captain
Lieutenant
Lieutenant
Lieutenant
Engineer
Engineer
Engineer
Engineer
Engineer
Engineer
Engineer
Engineer
Engineer
Firefighter
Firefighter
Firefighter
Fire.fighter
Fire Fighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
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Gordon Seim
Jack Sherin
Len Schrade
Jim Stevensen
Tim Bell
Jon Conati
Bernie Peltier
Bob Barthol
Paul Glaser
Tom Linhof:f
John Buckley
Scott Glaser
George Ness
Ron Johnson
David Reichow
Steven Glaser
Kevin Charlsen
Bill Peltier
Jay Kimble
Ron Axdahl
Larry Viers
Richard Swanson
Rob Zoller
Tom Zoller
Joe Buckley
John Wohlers
Jon Bell
Stuart Glaser
Mike Jacobson
Jeff Cutler
Ken Schmitz
Doug Wagner
Joel Charchenco
Leslie Wardell
Craig Crea
Duane Maciej
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/ / I
STAFF REQUEST ITEM
DEPARTMENT Finance
MEETING DATE 11-7-89
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Request council permission to go to Albert Lea to look at software for
System 36. Albert Lea has the same computer system with extensive revisions
to software that could be used for Stillwater. Albert Lea is willing to give
Stillwater these software revisions at NO COST.
Would like Monica Price to attend also.
FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with
this request and the proposed source of the funds needed to fund the request)
Mileage and meals
ADDITIONAL INFORMATION ATTACHED
YES
NO X
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE
WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO
BE PLACED IN THE COUNCIL MATERIAL PACKET.
SUBMITTED BY
JJutAt JJ~JI~
DATE ;JvJ, ~ 1,11-~
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REGULAR MEETING
STILLWATER CITY COUNCIL
MINUTES
October 17, 1989
7:00 P.M.
The Meeting was called to order by Mayor Abrahamson.
Present:
Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor
Abrahamson.
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Public Works Director Junker
Consulting Engineer Moore
Public Safety Director Mawhorter
Fire Chief Seim
Comm. Dev. Director Russell
City Clerk Johnson
Mike Marsnick, Stillwater Gazette
Julie Kink, St.Croix Valley Press
Press:
Mr. & Mrs. Alan Rousseau, Maurice Stenersen, Joan Traver,
Harold Teasdale, Molly Shodeen (DNR), Robert Vockrodt, Jim
Watson, Dan McGuiness (Boundary Waters Comm.), Mr. Parker
(Sch. Dist. 834).
APPROVAL OF MINUTES -
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve
the minutes of the following meetings: Special Meeting of Sept. 26, 1989,
Special Meeting of Sept. 27, 1989 and Regular & Recessed Meetings of Oct. 3,
1989. (All in favor).
Others:
INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Mayor Abrahamson welcomed Scout Troop No. 98 to the meeting.
2. Commendation of Maurice Stenerson, (Resolution No. 8168).
Community Development Director Russell presented a Certificate of
Appreciation to Maurice Stenerson commending him for his hours of service
given to the Heritage Preservation Commission and Downtown Plan Action
Committee.
3. Joan Daniels, Historical Museum on No. Main St. - Concerns regarding the
messy sidewalk, stone wall and cave.
Ms. Daniels requested that discussion of this item be cancelled.
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Stillwater City Council M nutes
October 17, 1989
Regular Meeting
-
4. Joan Travers - Reques for dates for 1990 Stillwater Art Fairs in Lowell
Par .
Ms. Travers requested the use of Lowell Park for art show festivals on May
19 & 20, 1990 and Oct 6 & 7, 1990, the hanging of banners three weeks
before the events and free parking for exhibitors. She further stated
they will use only th south side of the park. Council stated they would
consider the request or free parking for exhibitors at a later date after
further discussion of the parking issue in the downtown has been
completed.
Motion by Councilmember K mble, seconded by Councilmember Opheim to approve
the dates for the Riverto n Art Fair of May 19 & 20, 1990; the Fall Colors Art
Fair on Oct. 6 & 7, 1990; the hanging of banners on Main St. three weeks prior
to the art fairs; and the concept of free parking for exhibitors. (All in
favor).
S. Robert W. Vockrodt - ariance request for addition to garage.
Mr. Vockro t was not resent at thlS time. Council ta le this item until
later in the meeting.
6. Jim Watson - "Taste 0 the Valley Festival"
Mr. Watson was not pr sent at thlS time and Council tabled this item until
later in the meeting. e
STAFF REPORTS
1. Fire Chief -
Appointment of Jim St vensen to Ass't. Fire Chief
Council and Staff dlS usse the lssues involved in promotion of an
individual from a uni n position to a non-union position, i.e. holidays,
sick leave, etc. Cit Coordinator Kriesel recommended a separate
employment agreement e drafted to cover these items and this will be
presented at the next meeting.
Motion by Councilmember B dlovick, seconded by Councilmember Farrell to adopt
the appropriate resolutio appointing Jim Stevensen to the position of Ass1t.
Fire Chief effective Oct. 17, 1989. (Resolution No. 8183)
Ayes - Councilmembers Bod ovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
Purchase of CPR Equip ent
Motion by Councilmember B dlovick, seconded by Councilmember Farrell to
approve the purchase of C R equipment for CPR classes to be conducted by the
Fire Dept.; and a letter f thanks to be forwarded to the Stillwater Elks for
their donation of funds t wards this purchase. (All in favor).
2
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Stillwater City Council Minutes
October 17, 1989
Regular Meeting
Donation for Fire Prevention Poster Program in Elementary Schools
Motion by Councilmember Farrell, seconded by Councilmember Kimble to donate
$100 to the Fire Prevention Poster Program in the elementary schools. (All in
favor) .
Presentation of New Fire Rescue Truck in Natll. Equipment Fire Show
Motion by Councilmember Farrell, seconded by Councilmember Opheim to authorize
the presentation of the new Fire Rescue Truck in the National Equipment Fire
Show in Texas with compensation of an extra $2,000 worth of equipment for the
truck from Custom Fire. (All in favor).
2. Public Works Director -
Stop Sign at Walnut Creek Dr. & Neal Ave.
Motion by Councilmember Kimble, seconded by Councilmember Opheim to adopt
the appropriate resolution placing a stop sign at the intersection of Walnut
Creek Drive and Neal Ave. (Resolution No. 8184)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
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"No Parking" Sign on Commercial Street
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt
the appropriate resolution placing a "No Parking" sign near 233 Commercial St.
(Resolution No. 8185)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
Payment for Damage to Truck - David Kohanek
Motion by Councilmember Kimble, seconded by Councilmember Opheim to authorize
payment of $100 to David Kohanek for damage to his truck from Public Works
repair to the street by an air compressor. (All in favor).
Purchase of Kroy Lettering Machine
Motion by Councilmember Opheim, seconded by Councilmember Kimble to authorize
the purchase of a Kroy lettering machine for the Public Works Dept. at a cost
of $600. (All in favor).
Payment for Repair of Public Works Truck
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to
authorize payment of $15,882.27 to the prison for repair of the 1985 Ford
Dump Truck for the Public Works Dept. (All in favor).
Award of Bid for Public Works Loader
Motion by Councilmember Farrell, seconded by Councilmember Kimble to adopt
the appropriate resolution authorizing the award of bid for a new loader for
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3
Stillwater City Council M nutes
October 17, 1989
Regular Meeting
e
the Public Works Dept. to Case Power and Equipment in the amount of $72,260.
(Resolution No. 8186)
Ayes - Councilmembers Bod ovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
Sale of Pump to Ronal Pizinger
Motion by Councllmember B lovick, seconded by Councilmember Farrell to
authorize the purchase of a City pump by Ronald Pizinger at 2803 Interlachen
Dr. in the amount of $1,0 0 spread over five years. (All in favor).
3. Public Safety Directo - No Report.
Discussion of Ass't. olice Chief
Council and Staff is ussed creating this position, in concept, for the
Police Dept. Chief M whorter will research this item and present a report
to Council.
INDIVIDUALS & DELEGATIONS (Continued)
6. "Taste of the Valley" Festival
Jlm Watson, who has en retained by the Downtown Council, explained the
plans for this event, which is proposed to be held on June 9 and 10, 1990
in Lowell Park. He sated they would provide for electricity, clean-up e
and security. Counci advised Mr. Watson to contact the Parks &
Recreation Board for heir approval.
Motion by Councilmember K'mble, seconded by Councilmember Farrell to approve
the use of Lowell Park fo the "Taste of the Valley" festival on June 9 and
10, 1990 contingent on ap roval of the Parks & Recreation Board. (All in
favor).
PUBLIC HEARINGS
1. This is the day and tOme for the public hearing to consider a Special Use
Permit for an additio to Lily Lake Elementary School with a Variance to
corner sideyard setba k requirements (thirty ft. required, nineteen ft.,
six in. provided), In . Sch. Dist. #834, Applicant. Case No. SUP/V/89-70.
Notice of the he ring was published in the Stillwater Gazette on Oct.
11, 1989 and sent to he affected property owners.
Community Development Director Russell explained the Special Use Permit is
for an addition to Li y Lake Elementary School with a Variance to the
corner sideyard setba k requirement (thirty feet required, nineteen feet,
six inches provided). This addition would provide a mag-six classroom
plus gymnasium. Addi ional parking will also be provided. The Planning
Commission recommende approval with conditions for parking and Building
Code requirements. M yor Abrahamson closed the public hearing.
4
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Stillwater City Council Minutes
October 17, 1989
Regular Meeting
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve
a Special Use Permit for an addition to Lily Lake Elementary School with a
Variance to corner sideyard setback requirements for Ind. Sch. Dist. #834,
Applicant, as conditioned. (All in favor).
2. This is the day and time for the public hearing to make a determination of
visual conspicuousness (as viewed from the St. Croix River) of an
addition/alternation of an existing single family residence located at 120
Lakeside Drive in the Riverway Bluffland/Shoreland Dist., Alan Rousseau,
Applicant.
Notice of the hearing was published in the Stillwater Gazette on
October 6, 1989 and sent to the affected property owners.
e
Mr. Russell presented pictures and a videotape taken of the Rousseau house
from various points on the St. Croix River during the summer months.
Jackie Marshall, a resident of Croixwood, stated all homes as viewed from
the river look to be about the same degree of conspicuousness and doesn't
view the Rousseau house as being conspicuous. She stated the Council
could make better use of their time than studying this issue. Mayor
Abrahamson advised Ms. Marshall that the Council has to hold this hearing
to satisfy other governmental agencies.
Steve Ordahl stated he viewed this house from the river and said he could
not tell which house was the Rousseau's. Furthermore, there other
structures which are more conspicuous, such as the Freighthouse.
Molly Shodeen, representing the Dept. of Natural Resources, distributed
pictures taken of the Rousseau residence from the river and on land. She
stated the DNR position is that the house is visually conspicuous from the
river, and they have concerns regarding the deck addition and shoreline
grading.
Dan McGuinness, representing the Minnesota/Wisconsin Boundary Area
Commission, stated they feel the house is easily seen from the river.
Jackie Marshall stated they have friends who come to Stillwater to view
the beautiful homes on the river and feel this issue is not worth the time
it is being awarded.
Dennis Kluy stated the deck should be no problem because it was not built
closer to the river than the original and the house is not conspicuous.
Shelly Thompson, Croixwood, agrees that the house does not stand out in
front of anything else.
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Stillwater City Council Minutes
October 17, 1989
Regular Meeting
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Alan Rousseau, owner f the house, stated someone made arbitrary rules at
an earlier date -- si e does not dictate the beauty of a structure and
this arbitrary rule t kes away the rights of others and is discriminatory.
Mayor Abrahamson clos d the public hearing.
Council commented tha this hearing is being held because of other
governmental agency c ncerns, the intent is to protect the river from
extreme deterioration the wild and scenic river designation was declared
after the river was d vel oped, and the public has not complained about
this structure. Some questions were asked about construction of the deck
and the sand that was added to the beach. Mr. Rousseau stated he did not
know he needed a perm t to add sand -- he used the type approved by the
DNR.
Councilmember Farrell stated the conspicuousness is a judgment call and he
is not confident in j st viewing a tape -- perhaps it would be less
conspicuous if viewed from the river.
Motion by Councilmember K mble, seconded by Councilmember Opheim to determine
that the alteration and e pansion of an existing single family residence
located at 120 Lakeside D . in the Riverway Bluffland/Shoreland Dist., Allen
Rousseau, Applicant, is v sually inconspicuous; and directing City Staff to 4It
prepare findings of fact 0 be adopted at the Nov. 7, 1989 meeting. (Ayes-
3; Nays - 1, Councilmembe Bodlovick; Abstain - 1, Councilmember Farrell).
INDIVIDUALS & DELEGATIONS (Continued)
5. Robert Vockrodt - Var ance request for addition to garage.
Mr. Voc ro t explalne that he nee s a variance to contlnue the
construction of his g rage at 418 South Sixth St. He received a building
permit in June, never contacted the Building Inspector as requested by
personnel at City Hal and changed his plan which now requires a variance.
Mr. Vockrodt stated h s neighbors approve of the structure.
Mr. Russell explained that a variance is required to size requirements
over 1,000 sq. ft. fo a garage. Also, Mr. Vockrodt did not receive a
grading permit for th 200 yards of fill he removed. When asked, Mr.
Vockrodt stated the s cond floor of the garage would be used for storage
only. Discussion fol owed regarding drainage.
Motion by Councilmember K.mble, seconded by Councilmember Opheim to continue
the discussion regarding he request of Robert Vockrodt, 418 South Sixth St.
for a Variance to constru t a garage and directing Staff to prepare a report
for the Oct. 24, 1989 Spe ial Meeting on this request. (All in favor).
6
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Stillwater City Council Minutes
October 17, 1989
Regular Meeting
PUBLIC HEARINGS (Continued)
3. This is the day and time for the public hearing to consider the making of
an improvement for Cottages of Stillwater, Phase III in an area bounded by
Washington Co. Rd. 5 on the west, W. Orleans St. on the south, Cottage Dr.
on the east and extending northerly to include Lot 1, Block 2, Cottages of
Stillwater and consisting of a temporary lift station, sanitary sewer and
appurtenances. (L.I. 256)
Notice of the hearing was published in the Stillwater Gazette on Oct.
6 & 13, 1989 and sent to affected property owners.
Mayor Abrahamson stated the owners of the Erickson Post could not be at
the meeting, but are in favor of the project. Mayor Abrahamson closed the
public hearing.
Motion by Councilmember Kimble, seconded by Councilmember Opheim to adopt
the appropriate resolution ordering the improvement and directing the Engineer
to prepare plans and specifications for L.I. 256, Cottages of Stillwater,
Phase III, temporary lift station and sanitary sewer. (Resolution No. 8187)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
e 4. This is the day and time for the public hearing and possible second
reading of a Zoning Ordinance Text Amendment for the life of Special Use
Permits and Variances, City of Stillwater, Applicant. Case No. ZAT/89-6.
Notice of the hearing was published in the Stillwater Gazette on
October 6, 1989.
City Attorney Magnuson explained this ordinance determines when these
permits will expire unless substantial physical improvement has been made
to the property in reliance on the permit. Mayor Abrahamson closed the
public hearing.
Motion by Councilmember Kimble, seconded by Councilmember Farrell to have a
second reading and enactment of an Ordinance amending the City Code as it
relates to the life of Special Use Permits and Variances. (Ordinance No.
710).
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
UNFINISHED BUSINESS
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7
Stillwater City Council Mnutes
October 17, 1989
Regular Meeting
e
1. Possible second readi of an Ordinance to amend open burning
restrictions.
Motion by Councilmember K'mble, seconded by Councilmember Bodlovick to have a
second reading and enactm nt of an Ordinance amending the City Code as it
relates to open burning r strictions. (Ordinance No. 711).
Ayes - Councilmembers Bod ovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
2. Possible second readi g of an Ordinance relating to a new Parks Dedication
Policy. (Case No. ZA /89-7).
Motion by Counci member K m le, seconded by Councilmember Opheim to have a
second reading and enactm nt of an Ordinance amending the City Code as it
relates to a Park Dedicat"on Policy. (Ordinance No. 712)
Ayes - Councilmembers Bod ovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
3. Possible second readi g of Ordinance amending the Zoning Map to rezone
Lots 4 & 5 currently designated 6 & 7) of Dallager's Estates from RB, Two
Family Residential to RA, Slngle Famlly Residential. Case No.
ZAM/89-43). ~
Motion by Councilmember K.mble, seconded by Councilmember Farrell to have a ,.,
second reading and enactm nt of an Ordinance amending the City Code as it
relates to amending the Z ning Map from RB Duplex to RA Single Family in the
area known as the Dallage Estates. (Ordinance No. 713)
Ayes - Councilmembers Bod ovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
4. Report & recommendati n on purchase of Lind property at corner of Mulberry
& Second Streets.
Mr. Russell presented a report on the meeting with Mr. Lind and the
proposed purchase agr ement. Mr. Magnuson further explained the "Contract
for Deed" adding that this instrument creates a tax exempt municipal
obligation and would e exempt from State and Federal income taxes because
it is for a public pu pose.
Motion by Councilmember 0 heim, seconded by Councilmember Farrell to adopt
the appropriate resolutio authorizing the purchase of the Lind property at
No. Second & Mulberry Str ets under the terms & conditions as outlined by
Staff and further authori ing execution of the agreement. (Resolution No.
8188)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
8
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Stillwater City Council Minutes
October 17, 1989
Regular Meeting
NEW BUSINESS
1. Application for reduction in assessed valuation for Parcel #10200-2450,
Kern/Pauley Addition (Racquetball Club).
Council and Staff discussed the above application and decided to take no
action.
CONSENT AGENDA
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve
the Consent Agenda of October 17, 1989 as follows: (All in favor)
1. Resolution Directing Payment of Bills. (Resolution No. 8182)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
2. Contractor's Licenses.
Joseph E. Nasvik
Box 228
Stillwater, Mn. 55082
General Contractor
New
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Mike Rygh Homes, Inc.
2154 Hastings Ave.
Newport, Mn. 55055
General Contractor
New
Spraungel Construction, Inc.
P.O. Box 146
Loretto, Mn. 55357
Masonry & Brick Work
New
3. Set Public Hearing Date of November 7, 1989 for the following Planning
Cases:
a. Case No. SUP/89-68 - Special Use Permit to conduct a retail craft
business in a home at 404 W. Churchill St., located in the RB, Two
Family Residential Dist., Cheryl Larson & Gretchen Anderson,
Applicants.
b. Case No. SUB/89-69 - Preliminary Plat Approval for the subdivision of
a 14.963 acre parcel (Outlot B, Parcel 3, Stillwater Industrial Park)
into seven lots on the Northeast corner of Curve Crest Blvd. and
Washington Ave. in the IP-I, Indus. Pk. Indus. Dist., Prime Site,
Inc., Applicant.
c. Case No. ZAT/89-8 - Zoning Text Amendment for a new comprehensive
Parking Ordinance for the entire City of Stillwater, City of
Stillwater, Applicant.
COUNCIL REQUEST ITEMS
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Stillwater City Council Minutes
October 17, 1989
Regular Meeting
-
Reappointment of Mary Adrian to Joint Cable Commission.
Motion by Councllmember F rrell, seconde by Councilmember Kimble to reappoint
Mary Adrian as an Alterna e to the Joint Cable Commission. (All in favor).
Repair of Apparatus f r Hanging of Banners in Downtown Area
Motion by Councilmember 0 heim, seconde by Councilmember Kimble directing
Staff to evaluate and rec mmend corrective action for the apparatus used for
hanging banners on Main S reet. (All in favor).
STAFF REPORTS (Continued)
City Coordinator
Recycling Bonus Funds A reement with County
Motion by Councilmember Kimblet seconde by Councilmember Farrell to adopt
the appropriate resolutio approving the agreement between the City of
Stillwater and Washington County as it relates to the 1989 Recycling Bonus
Funds Agreement with Wash ngton County. (Resolution No. 8189)
Ayes - Councilmembers Bod ovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
City Attorney
Krogstad Annexation
Mr. Magnuson stated S illwater Township has withdrawn any objections to
this annexation if th City would agree to a tax-sharing agreement.
Motion by Councilmember F rrell, seconded by Councilmember Bodlovick to adopt
the appropriate resolutio approving the agreement between the City of
Stillwater and Stillwater Township regarding tax sharing as it relates to the
annexation of the Krogsta property. (Resolution No. 8190)
-
Ayes - Councilmembers Bod ovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
Motion by Councilmember K mble, seconded by Councilmember Opheim to have a
first reading of an ordin nce for the annexation of the Krogstad property to
the City of Stillwater. All in favor).
City Engineer
Change Orders No.3 & 4, L.I. 251 - Forest Hills/Greeley
Motion by Councilmember K mble, secon e by Councilmember Bo
Change Orders No.3 and 4 for L.I. 251, Forest Hills/Greeley
favor).
approve
(All in
Mr. Kriesel explained further regarding Change Order No.4 and the meeting
with the Ernsts who w re questioning some of the costs for this project.
10
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Stillwater City Council Minutes
October 17, 1989
Regular Meeting
City Coordinator (Continued)
Resolution Setting Budget Hearings
Motion by Councilmember Opheim, seconded by Councilmember Kimble to adopt
the appropriate resolution setting a Budget hearing for Dec. 5, 1989 at 7:00
P.M.; and Dec. 12, 1989 at 7:00 P.M. for a reconvened hearing, if necessary.
(Resolution No. 8191)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
Budget Workshop Meeting
Council will hold a Budget Workshop on Nov. 14, 1989 at 4:30 P.M.
e
Communication with Legislators regarding Redistricting after 1990 Census
Motion by Councilmember Kimble, seconded by Councilmember Farrell to authorize
the forwarding of a letter to the Speaker of the House and Senate Majority
Leader in the Minnesota Legislature regarding placing the City of Stillwater
in one Legislative District. (All in favor).
City Attorney (Continued)
Amending Liquor License Ordinance
Motion by Councilmember Kimble, seconded by Councilmember Farrell to have a
first reading of an Ordinance amending the Stillwater City Code as it
pertains to Surety Bonds for liquor licensing. (All in favor).
ADJOURNMENT
Motion by Councilmember Kimble, seconded by Councilmember Farrell to adjourn
the meeting at 10:20 P.M. to Executive Session. (All in favor).
Resolutions:
No. 8182 - Directing Payment of Bills
No. 8183 - Appointment of Jim Stevensen to Ass't. Fire Chief.
No. 8184 - Placement of Stop Sign at Walnut Creek Dr. & Neal Ave.
No. 8185 - Placement of "No Parking" Sign on Commercial St.
No. 8186 - Award of Bid for Articulated Loader for Public Works.
No. 8187 - Ordering Improvement & Directing Engineer to Prepare Plans & Specs
for L.I. 256, Cottages of Stillwater, Phase III.
No. 8188 - Authorization for purchase of Lind property & execution of
Agreement.
No. 8189 - Authorizing Memo. of Agreement with Washington Co. for Recycling
Bonus Funds.
No. 8190 - Approving Agreement with Stillwater Township for annexation of
Krogstad property.
No. 8191 - Set date of Dec. 5 & 12, 1989 for Budget Hearings.
_ 11
Stillwater City Council M nutes
October 17, 1989
Regular Meeting
Ordinances:
No. 710 - Amendment to Zo ing Ordinance - Spec. Use Permits & Variances.
No. 711 - Amending the Op n Burning Ordinance.
No. 712 - Amendment to Zo ing Ordinance - Parks Dedication Policy.
No. 713 - Amendment to Zo ing Map - Changing RB to RA (Dallager's Estates). .
ATTEST:
MAYOR
CITY CL RK
12
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A P. . 8 O~ C'" Illf "TlO
\" ~_.' '. -',.. U\J'Jfl,"'.,
WHEREAS, the citizens of our community have long recognized the
historic link between education and a strong, free nation; and
WHEREAS, our public schools have enabled generations of American
families to build upon the lessons of the past to achieve the dreams of
tomorrow; and
WHEREAS, America's system of public education relies not only on the
skills and dedication of teachers, school administrators, and education
support staff, but also on the encouragement and support of the entire
community,
Now, therefore,
I,
WAf I Y ARRAHAMSON
servmg as
r~A YO R
of THE CITY OF STILLWATER
Do hereby proc!aim
AIl\/IE\ " RI~' , 11 A r E.- D~' '.. U:s :1'1 Ai'TI' to'" 'IruE
'" l'.~'; ~..; Ull L ( ;; Vi. :. ~ \t", U."
November 12-18, 1989
I urge all citizens to reaffirm their commitment to our public schools
and to recognize the critical role that learning plays in the preservation
of liberty.
Signed this
Seventh
day of
November
, 1989
~
~ JU ~ ~~ ~ Rill1Y
OUR ROOfS, OUR
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PLANNING APPLICATION REVIEW
CASE NO. SUP/89-68
Planning Commission Meeting: October 9, 1989
Project Location: 404 West Churchill Street
Comprehensive Plan District: Two Family
ZONING DISTRICT: RB
SHORELAND/BLUFFLAND: No
Applicant's Name: Cheryl Larson and Gretchen Anderson
Type of Application: Special Use Permit
Project Description:
A Special Use Permit to conduct a retail craft business in a home.
Discussion:
e
The request is to conduct a small retail craft business by producing gift
baskets for resale. The applicants propose to pick up their raw materials at
various distributors in the area, or, on occasion, have materials delivered to
the home. They have stated that these deliveries will be no more than a few a
month. They will then produce gift items as ordered through their
demonstrations in homes and businesses throughout the valley (on the order of
Tupperware, Mary Kay, etc.). They will also be selling their merchandise on
consignment in various shops or selling at bazaars. There will be no direct
sales from the home at 404 West Churchill Street.
CONDITIONS OF APPROVAL:
1. No business sign shall be placed on premises.
2. Deliveries shall be no more than twice a week.
3. This use permit shall be reviewed upon complaint.
RECOMMENDATION: Approval.
FINDINGS:
The proposed use will not be injurious to the neighborhood or otherwise
detrimental to the public welfare and will be in harmony with the general
purpose of the Zoning Ordinance.
ATTACHMENT: Letter from Applicant.
e PLANNING COt'1MlSSION RECQ~1~1ENDATI.QN; ApprQyal wUh_ cQndi.ti.Qns.
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PLANNING APPLICATION REVIEW
CASE NO. SUB/89-69
_ Planning Commission Meeting: October 9, 1989
Project Location:
Northeast corner of Curve Crest Boulevard and Washington Avenue (Outlot B,
Parcel C, IP-I, Stillwater Industrial Park.
Applicant's Name: Prime Site, Inc.
COMPREHENSIVE PLAN DISTRICT: Industrial Park-Industrial
ZONING DISTRICT: IP-I
TYPE OF APPLICATION: Subdivision Plan/Plat - Prime Site Addition.
Project Description:
A subdivision of a 14.963 acre parcel (Outlot B, Parcel C of the Stillwater
Industrial Park).
Discussion:
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The request is to subdivide a 14.963 acre parcel into seven lots ranging in
size from 1.88 acres to 3.89 acres. This large lot is located on the Northeast
corner of Curve Crest Boulevard and Washington Avenue. Each lot proposed meets
the minimum lot width and lot depth requirements for the Industrial Park
Industrial District. Six of the seven lots have access on either Washington
Avenue or Curve Crest Boulevard with the exception of Lot One which has
frontage on a street easement for the future extension of Orleans Street. This
parcel also does not have utility services at the present time. The remaining
six parcels have utility connections. The subdivision plan has been
distributed to the City Engineer, Public Works and Water Department for
comment.
CONDITIONS OF APPROVAL:
1. Modification to the subdivision plat, responding to comments from the
City Engineer, regarding grading, drainage or utilities shall be
made before Final Plat Approval.
2. Lot #1 shall be combined with Lot #2 or road and utilities extended to
Lot #1 or an agreement not to develop Lot #1 without road and
utilities.
3. Before construction on any lot occurs, a grading plan for the entire
site shall be submitted and approved by the City Engineer.
4. In lieu park fee must be paid before final approval and recording.
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RECOMMENDATION: Approval.
ATTACHMENT:
- Application
- Preliminary Plat.
PLANNING COMMISSION RECOMMENDATION: Approval with conditions.
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Case ~1....oe;'5f)jJ2I.Q.1~Je9'
Fee Paid il[.1.Q..i.c.)Q______
Date fiied M~dJ3.d'~_
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PLANNING ADlv\IN!STRA rIVE FORlv\
... Washington Avenue/Curve Crest Boulevard/Orleans Str~et
Stree~ Locetlon or Pro?er;y: --~e'iiigTart:-or-f'l:i'e-mt'nrwE:!'b'r'tt4"-uf-1:he-&out+teast 1.(4 apd
Part of the Northeast 1/4 of the Southwest 1/4 of Section
Leg d Do scri? ~io n of Property: 3z-;-f:-fo1f,rC'iowo-C1ii.e-c"fty-'O'!-S-ti'1..1.wafef':----
Own e r: 'N e m e _ _~p]j..!Jl~ _ [it.e_ JES2!.E.~r.1l:-:.!2______ _ _ __ ____________ ______ __
Address__~~0~_~~~~]~_2!~h~W~!!E~_~_____ Phone:_~~~-~l~~_______
A .!. ~ C." ~h th ) N .
oOllcen. Ii 0.. er en OWJ1er: & orne _________________________________
. . ,
.
Address______________________________ Phone:_______________
..
Type or Reques~:.
___ Rezoning
___ Speciol Usa Permit
___ Variance
~!_ Approv~1 .or Preliminary Plat
'\
___ Approval or Final Plat.
. .L . : .....". I ." 00.. .'.. ~ ..: "tL.:.
___ Other ___________________ ". ".
:. ........:. . :"
"
De s c:i ptio n or Re qu est: _ ___.Jj:"~li!!!~l!.~..Y_~1~!.-~I!P.!2~~~----.:.~--:..-~--------
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------------------------~-----------------------------------------
:
------------------------------------------------------------------
Signatu~e of APolicant:. ____ ?:.-:~2~ ~~
. · . pri~me-'Incorporated
Data of Public Hearing: _____________________________________________
NOTE: S~etc~ of proposed property and structure to be dra\YI1:on back Ot this fOn::1 or at-
tac.~eci, showing the following: '. _ I~~<' c >\~/' ..'
1. North direction. I'.. -f.. '. . ,>",
2. L~catio"?, of ~roposed stru~ture on lot. j~. .tn ~ wt'\ ~ ' ~ ',:j.,
) .. 3. Dimensions Ot front and side set-backs. ~ '1\ ')~ ..." ~ ,<I
4. Dimensions of proposed structure.\\~ ~ \:.f;~' 'c3
5. Street names. . 4.~ '!o~ ~ :!,
6. Loc:i.tio,n.. of :1_d~~cent existing buiIdin.gs: ' . . \-;:-~}, 11 ~. ctJV
7. Other lIuorm...tion as may be reques.ea. ;$:>1. .... ::n ,^\ ({j
P Ul.lt~S!
Approved ___ Denied __._ by tho .PI~nning Commission on ___________ (date
subiec: to the !ollowing conditions: ________..:___________________:0-______
---------------------------------------------~--------------------
: Approved ___ Denied ___ by the Council on -_______________subiec to the
- ~ II' d'J.' \ ,
_ .0 oWing con &.&ons: ___________________________________
., .
- .
------~-----------------------------------------------~----------
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ALJ-' \ 0----\ (/ ---<6 4
222 EAST LITTLE CANADA ROAD, Sf PAUL, MINNESOTA 551/7 612 484-0272
ENC/NEERS. ARCHITECTS. PLANNERS
October 5, 1989
RE: STILLWATER, MINNESOTA
PLANNING CASE REVIEW
PLANNING CASE SUB-89-69
Mr. Steve Russell,
Community Development Director
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
Dear Mr. Russell:
We have reviewed the above referenced planning case which is the
Prime site addition located in the northeast corner of Curve
Crest Boulevard and Washington Avenue in the Stillwater
Industrial Park. This site is approximately 15 acres in area.
The preliminary plan as submitted does not have a finished
grading plan. We feel an overall preliminary grading plan should
be submitted to provide verification of lot drainage between
lots, etc.
Lot 1 of the subdivision presently does not have access nor
utili ty service. There is no indication on the plan of the
intent of the developer to provide these services to Lot 1.
Drainage and utility easements will also be required on all the
lot lines.
The developer is proposing to cut into both Curve Crest Boulevard
and Washington Avenue to install a sewer and water service to Lot
6 and Lot 3. Since Lot 5 has two existing services it would be
better for the City not to disturb Curve Crest Boulevard and
rather for the developer to install a manhole on the sanitary
service behind the curb and run a new service to Lot 6 easterly
if the proposed development on each lot will not be a high water
user. Also, the existing 8" water service could be extended
easterly to Lot 6 to provide service thereby deleting the need to
cut into Curve Crest Boulevard. However, the developer will need
to assess the proposed water demand for both Lot 5 and Lot 6.
SHORT ELLIOTT
HENDRICKSON INC.
Sf PAUL,
MINNESOTA
CHIPPEWA FALLS,
WISCONSIN
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Mr. Steve Russell
October 5, 1989
Page #2
Requirements for developments ~n the Industrial Park
the city code include designating the USGS datum
providing the City with a copy of the soils report for
This has not been furnished yet with this preliminary
estimate the cost for erosion control to be $4,465.
We don't anticipate any adverse impact to traffic
Washington Avenue by removing 55' of the island
reconstructing it. City observation and coordination
provided when any work is done on either Washington
Curve Crest Boulevard.
and under
used and
the site.
plan. We
flow on
nose and
should be
Avenue or
We are enclosing
suggested service
pencil. If there
undersigned.
the print you transmitted to us with the
locations and revisions indicated in red
are any further questions, please contact the
S?;;J:;g}K~
Richard E. Moore,
City Engineer
REM/cih
Enclosure
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PRELIMINARY
PRIME SITE A
BEING PART OF THE NORTHVEST 1/4 OF THE
OF THE NOR.T::-EAS} 1/; 0:. THE SOUTHVEST 1
R.20V. OF THe. cr, y 0: S IlLLVA TER.VASHrNGT
PREPARED FOR:
PRIME SITE INCORPORATED
P.O. BOX 17 STILL'w'ATER, MN. c:
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"~D "Lar IS ~T %CJo(:I JllDUS.T.~ ,.""". lJotusTltl.oc.
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DESIGNER' CEDAR CORPORATION
604 VILSGN AVENUEMENOMONIE, \oil.
SURVE:YOR,
'rf(pD,oPn,,,,lt- h~ ';',o.:4.r.
;- . .
LEE VILLENEUVE R.LS. 10462
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SEPT, 29
50'
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THE BIRTHPLACE OF MINNESOTA J
TO:
FROM:
DATE:
SUBJECT:
MAYOR AND CITY COUNCIL
STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
OCTOBER 12, 1989
PARKING ORDINANCE AMENDMENT
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The current parking provisions of the Zoning Ordinance are in
need of revision. Parking requirements are in two sections,
one for the Industrial Park and another section for the
residential and older portions of town. The existing
Ordinance has different standards for the same use. Since the
Ordinance was adopted, new uses have become popular, i.e. day
care centers, convenience service stations, and drive-in food
establishments. The new Ordfnance provides parking standards
for the new uses and combines the two sections into one set
of standards for the City.
Other provisions of the Ordinance allow shared parking
credits, cooperation parking allowance, and an option for a
parking district for the Downtown. Parking lot standards,
landscape requirements and loading are also included.
The Planning Commission reviewed the Ordinance Amendment at
their meeting of October 9, 1989 and recommend it for Council
approval.
RECOMMENDATION: Approval of Parking Ordinance for first
read i n g .
ATTACHMENT: Parking Ordinance.
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CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE
STILLWATER CITY CODE 31.01, SUED. 24, OFF STREET PARKING AND LOADING
Subd. 24.
OFF STREET PARKING AND LOADING
PARKING.
1. Purpose. The purpose of the regulations contained herein is
to reduce street congestion and traffic hazards in the City
of Stillwater and to add to the safety and convenience of
its citizens, by incorporating adequate, attractively
designed, and functional facilities for off-street parking
as an integral part of every use of land in the City.
2. General Provisions. At the time any building or structure
is constructed or erected or modified, there shall be
provided, on the same site, for the use of the occupants,
guests, clients, customers or visitors there of, off-street
parking spaces for vehicles in accordance with the
requirements herein.
3.
Number of Parking Spaces Required. Where the computation or
required parking spaces produces a fractional result,
fractions of one-half (1/2) or greater shall require one (1)
full parking space.
Art Gallery
1 for each 500
square feet of
floor area.
Automobile boat or machinery sales
(office and service bay areas shall
provide parking at those rates)
1 for each
1,000 square feet
floor area.
Banks
1 for each 200
square feet of
floor area.
Bed and Breakfasts.
1 per guest room
2 for manager.
Beauty Parlor
3 spaces per
chair.
Billiard parlors.
2 spaces per
table.
Boarding homes for the aged.
1 for each 5 beds,
plus 1 for each
54
Bowling alleys.
Busines and professional offices
excludi g medical and dental offices
Childre 's homes.
Churches.
ConvenOent stores
Dance
withou
halls
alls and assembly halls
fixed seats, exhibition
Daycar Centers
Drive- n food establishments
Family day-care and Foster
family homes.
55
employee On the _
shift with maximum ~
personnel.
6 for each lane.
1 for each 300
square feet of
floor area.
1 for each 5 beds,
plus 1 for each
employee.
1 for each 3 seats
in the main
sanctuary.
5 per 1,000 square
feet of gross
floor area.
1 for each 3
persons of
design occupancy
load.
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1 space per 8
children plus 1
space per staff
person.
1 for each 100
square feet of
gross floor area,
with drive through
facility add 10
stacking spaces
for drive in
window, with a
minimum of 5
spaces designated
for the ordering
station.
1 for every 5
guests plus 1 for
each employee on
the shift with the
maximum number of
personnel.
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Funeral homes, mortuaries.
1 for each 5 seats
of the aggregate
number of seats
provided in all
assembly rooms.
Furniture and appliance stores,
household equipment.
1 for each 400
square feet of
sales floor area.
Health Club
One space per 100
square feet of
gross floor area.
Hospitals.
1 for each 2 beds
plus 1 for each
employee on the
shift with the
maximum number of
personnel.
Hotels, motels.
1 for each unit,
plus 1 for the
resident owner or
manager (plus 1/2
of required
parking for
related activities
such as
restaurants,
lounges and retail
shops. )
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Institutions for the aged.
1 for every 5
guests, plus one
for each employee
on the shift with
the maximum number
of personnel.
Manufacturing plants, research
or testing laboratories, bottling
plants, furniture repairs.
1 for each 325 or
feet if floor area
or 1 for each
employee,
whichever is
greater.
Marinas
1 space per 3
slips and
additional parking
for launch ramps
and dry storage.
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56
Medical nd dental clinics and
offices.
Medical (or convalescent) hospitals.
Nursing omes.
Private clubs.
Residen ial uses.
Singl Family/Duplex, townhouses.
Multi-f ily, apartments.
use.
nts, bars, or
s which may
dancing as a secondary
Retail tores, shops service
establi hments, other than
57
1 for each 200
square feet of
gross floor area;
but need not
exceed an average
of five spaces per
practitioner.
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1 for each 5 beds,
plus 1 for each
employee on the
shift with
the maximum number
of personnel.
1 for every 5
guests, plus 1 for
resident manager,
plus 1 for each
employee on the
shift with the
maximum number of
personnel.
Parking spaces
equal in number to
not less than 30%
of the membership
thereof, plus one
additional space
for each two
employees.
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2 spaces per
dwelling unit of
which 1 is
covered.
1.5 per unit; with
1 covered plus one
space per 3 units
for guest parking.
1 for each 120
square feet of
floor area.
1 for each 200
feet of gross
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furniture and appliance stores.
floor area.
Schools-elementary and junior
high;
3 per classroom.
High schools;
1 for each four
students based on
design capacity
plus 3 per
classroom.
Colleges (business, beauty, etc.)
and universities.
1 for each
employee plus 1
for each 3
students.
Self-service laundry and dry
cleaning establishments.
1 for each 200
feet of floor
area.
Service stations.
3 for each
lubrication
service bay,
1 for each
employee on
day shift.
or
plus
the
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Sports arenas, auditoriums,
assembly halls, and meeting
rooms.
1 for each 3 seats
of maximum seating
capacity.
Theaters.
1 for each 3 seats
for the first 350
seats; plus 1 for
each 5 additional
seats.
1 for each 1,000
square feet floor
area.
Wholesale establishments, ware-
houses, service and maintenance
center, communications equipment
buildings.
Unspecified uses of buildings,
structures, or premises.
Where the parking
requirement for a
particular use is
not specifically
established in
this Section, the
parking
requirements for
each use shall be
determined by the
City Council.
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58
Such determination
shall be based
upon the
requirements for
similar uses.
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4. V riations to Requirements.
a Alternative Provisions. The off-street parking
requirements of this Part shall be considered
satisfied if:
1. The property being occupied is a part of a
parking district which has been duly
formed under the provisions of the
Municipal Code; and
2. A specific development plan for an area
has been adopted and contains parking
standards which supersede those contained
in this section or
3.
The required parking spaces and street
access are permanently provided within
three hundred (300) feet of the parcel,
and a maintenance and management plan
indication the useful functioning of such
parking is submitted and approved by the
Community Development Director. Not more
than sixty percent (60%) of the required
parking may be provided off the site.
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b. Cooperative Parking Facilities. The
requirements for the provisions of parking
facilities, with respect to two (2) or more
property uses of the same or different types,
may be satisfied by the permanent allocation of
the requisite number of spaces for each use in a
common parking facility, located within three
hundred (300) feet of all such participating
property uses and cooperatively established and
operated. In the case of a cooperative parking
facility which is designed to satisfy the
parking requirements of:
1. From two to four (2 to 4) independent
property uses, a reduction of not more
than five percent (5%) of the total number
of required spaces shall be allowed.
2.
From five to seven (5 to 7) independent
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59
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property uses, a reduction of not more
than ten percent (10%) of the total number
of required spaces shall be allowed.
3.
Eight (8) or more independent property
uses, a reduction of not more than twenty
percent (20%) of the total number of
required spaces shall be allowed.
c. Shared Parking Facilities. Parking facilities
may be shared by two (2) or more commercial uses
if their entrances are located within three
hundred (300) feet of each other and if their
hours of operation do not coincide, provided
they:
1. Receive special use and design permits so
that design criteria are met and
conditions of use may be established along
with periodic review.
2.
Submit a written document guaranteeing
maintenance, hours of operation, and
specifying length of agreement.
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3. Demonstrate how the shared parking
arrangement will fulfill the intent of
this section.
d. Parking Requirements for Nonconforming
Structures of Uses. In the case of structures
in any district, which are reconstructed,
enlarged, structurally altered, changed in
occupancy to a more intensive use category, or
otherwise increased in capacity, off-street
parking shall be provided only for that portion
of structures or use constituting the increase
in capacity; except that no additional parking
need be provided for non-residential uses, if
the increased capacity results in an increase of
four (4) or fewer off-street parking spaces.
5. Miscellaneous Requirements.
a. Parking Limit. The City may establish a maximum
parking limit where the development proposal exceeds
city standards for the number of parking spaces
required.
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b.
Parking Use. Parking areas shall be used for vehicle
60
p rking only with no sales, dead storage, repair work, ~
d"smantling of any kind. ~
c. E isting off-street parking spaces and loading spaces
s all not be reduced in number unless said number
e ceeds the requirements set forth for the use.
d. F cilities for the Handicapped. Handicapped parking
s aces shall be nineteen feet long by twelve feet wide
( 19' X 12'). Parking facilities specifically
d signed, located, and reserved for vehicles licensed
b the state for use by the handicapped, shall be
p ovided in each parking facility of ten (10) or more
s aces, according to the following table:
Maximum Number of Spaces Required
Total
1 to 50
51 to 100
101 to 150
151 to 200
200 + 1 per
Handicapped
1
2
3
4
50 or fraction thereof
e.
rking Lots in Residential Districts. When in its
inion the best interests of the community will be
rved thereby, the City Council may permit,
mporarily or permanently, the use of land in a
sidential district, other and a One-Family District,
r a parking lot where the land abuts or is across
t e street form a district other than a residential
d.strict, provided that:
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1. The lot is to be used only for parking of
passenger automobiles of employees, customers or
guests of the person or firm controlling and
operating the lot, who shall be responsible for
its maintenance.
2. No charge is to be made for parking on the lot.
The lot is not to be used for sales, repair work
or servicing of any kind.
Entrance to and exit from the lot are to be
located on the lot.
No advertising sign or material is to be located
on the lot.
All parking is to be kept back of the setback
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61
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building line by barrier unless otherwise
specifically authorized by the city Council.
7.
The parking lot and that portion of the driveway
back or the setback line is to be adequately
screened from the street and form adjoining
property in a residential district by a hedge or
sightly fence or wall not less than six feet
high and not more than eight feet high located
back of the setback line. All lighting is to be
arranged so that there will be no glare
therefrom annoying to the occupants of adjoining
property in a residential district and surfacing
of the parking lot is to be smoothly graded,
hard surfaced and adequately drained.
8.
Such other conditions as may be deemed necessary
by the City Council to protect the character of
the residential district.
6. Design Requirements.
a.
Parking Space. Each parking space shall be at least 9
feet in width and 18 feet in length exclusive of an
adequately designed system of access drives.
Driveways for two way traffic shall be 24 feet.
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b. Parking Facility Layout. There shall be no off-street
parking spaces located within 15 feet of any street
right of way or 10 feet of any property line exept in
the Central Business District where it may be allowed
with and approved design permit.
c. Access to Spaces or Facilities.
a. Driveway Design Standards.
1. Driveways shall be designed to conform
with existing contours to the maximum
extent feasible.
2. Driveways shall enter public/private
streets in such a manner as to maintain
adequate line of sight.
d. Aisles. Circulation aisles necessary for maneuvering
within a parking facility shall be designed so that
vehicles do not back out into a street, sidewalk or
other public way, other than a residential alley. In
general, double-loaded aisles are preferred to single-
loaded aisles.
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e.
Curbing. All commercial, industrial or multifamily
residential parking lots with five (5) or more spaces
62
f.
all have continuous concrete curbing around the
tire parking lot. t
Barricades. Ever parking facility containing
or 90 degree park ng spaces adjacent to a
s reet right-of-way shall, except at entrance and exit
dives, be developed with a solid curb or barrier
a ong such street right-of-way line; or shall be
p ovided with a suitable concrete barrier at least six
( ) inches in height and located not less than two (2)
f et form such street right-of-way line. Such wall,
f nce, curb, or barrier shall be securely installed
a d maintained.
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g.
S rfacing. All off-street parking facilities shall be
s rfaced with a minimum of five (5) inches of
c ncrete, or one and one-half (1-1/2) inches of
a phalt overlying four (4) inches of base rock except
t mporary off-street parking facilities, which may be
s rfaced by placement of a single bituminous surface
t eatment upon an aggregate base, which bituminous
t eatment and base shall be subject to the approval of
t e Director of Public Works. All off-street parking
all be so graded and drained as to dispose of all
rface water form within the area; in no case shall
ch drainage be allowed to cross sidewalks.
-
h. rking. Parking spaces within a facility shall be
c early painted and delineated.
i. LOghting. Any lights provided to illuminate any
p rking facility permitted by this Title shall be
a ranged so as to reflect the light away from any
a jacent properties, streets, or highways.
j. ndscaping and Screening.
1.
Landscaping shall be provided in new parking-lot
construction and reconstruction. Landscaping is
employed to diminish the visibility and impact
of parked cars by screening and visually
separating them from surrounding activities and
the street; to provide shade and relief from
paved areas; to channel the flow of traffic and
generally contribute to good site design. i~
Trees, schrubs, ground cover and earth be~~ng
shall be used for lot landscaping.
~
Every parking facility abutting property located
in residential districts shall be separated from
such property by a wall, planter, or a view-
obscuring fence; or a raised landscaped mound of
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63
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Subd. 2.
earth, sand, stones, or the like; or by a
permanently maintained compact evergreen hedge;
or a combination of any of the preceding
treatments. Such screening devices shall be six
(6) feet in height, measured from the grade of
the finished surface of such parking facility,
along the abutting residential property; except
that such
LOADING.
OFF-STREET LOADING FACILITIES.
1. Purpose. To reduce street congestion and traffic hazards
and to add to the safety and convenience of the community;
adequate, attractively designed, and functional facilities
for off-street loading shall be incorporated as necessary in
conjunction with new uses of land in the City.
2. General Provisions. For every building hereafter erected,
which is to be occupied by manufacturing, storage,
warehouse, retail and/or wholesale store, market, hotel,
hospital, mortuary, laundry, dry cleaning or other uses
similarly requiring the receipt or distribution by vehicles
of material nd merchandise, off-street loading areas shall
be provided in accordance with the requirements herein.
3.
Required Areas.
a. Gross Floor Area
Required Loading Spaces
10,000 to 24,999 sq. ft. 1
25,000 to 49,999 sq. ft. 2
For each additional 50,000
square feet or major fraction
thereof. 1
b. Each loading space shall be not less than ten (10)
feet in width, thirty (30) feet in length and with an
overhead clearance of fourteen (14) feet.
c. Such space may occupy all or nay part of any required
yard or court space, except front and exterior side
yards; and shall not be located closer than fifty (50)
feet to any lot in an R-District; unless inside a
structure or separated from such district by a wall
not less than eight (8) feet in height, provided a
conditional fence permit is approved.
64
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STILLWATER PLANNING COMMISSION
MINUTES
Date:
October 9, 1989
Time:
7:00 p.m.
Members Present:
Gerald Fontaine, Chairman
Glenna Bealka
Judy Curtis
Mark Ehlenz
Steve Russell, Comm. Dev.
Jean Jacobson
Jay Kimble
Don Valsvik
Director
Members Absent:
Rob Hamlin
Nancy Putz
Chairman Fontaine called the meeting to order.
APPROVAL OF MINUTES
Motion by Mark Ehlenz, seconded by Don Valsvik to approve the
minutes of the meeting of September 11, 1989 as submitted. All in
favor.
PUBLIC HEARINGS
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Case No. SUP/89-68 - Special Use Permit to conduct a retail craft
business in a home at 404 West Churchill street in the RB, Two
Family Residential District.
Cheryl Larson and Gretchen Anderson presented the request. They
intend to produce gifts baskets and sell them at home parties
similar to Tupperware or Mary Kay. The applicants understand the
three conditions of approval. There were no comments from the
audience.
steve Russell reported that he received a phone call from a
neighbqr wondering if approval of the request would lead to more
commercial business in the neighborhood. The applicants stated
that their business would have no impact on the neighborhood.
Judy Curtis stated that she saw no problem with this request, and
commended the applicants for applying for a permit since many
people operate home businesses without permits.
Motion by Judy Curtis, seconded by Don Valsvik to approve the
Special Use Permit with three conditions. Motion carried 7-0.
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Case No. ZAT/89-8 - Zoning Ordinance Text Amendment for a new
comprehensive parking ordinance for the entire City of
Stillwater.
steve Russell presented the amendment for the City. He requested
Planning Commission review and comment before approval by the
City Council.
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stillwater Planning Commission
October 9, 1989
Motion by Don Valsvik, seconded by Mark Ehlenz to recommend for
approval to the City Council. Motion carried 7-0.
Case No. SUB/89-69 - Preliminary Plat approval for the
subdivision of a 14.963 acre parcel (Outlot B, Parcel 3,
Stillwater Industrial Park) into seven lots on the Northeast
corner of Curve Crest Boulevard and Washington Avenue in the IP-
I, Industrial Park Industrial District. Prime Site,
Incorporated, applicant.
Representatives of Cedar Corp. who are working with Prime Site,
presented the request. The applicants are aware of the three
conditions of approval, but have not been able to contact the
developer regarding condition No.2.
steve Russell stated that the Park Dedication policy would apply
if a park fee has not yet been paid.
The Commission determined that Condition No.2 should be revised
to read: Lot #1 shall be combined with Lot #2 or road and
utilities extended to Lot #1, or Lot #1 will not be developed
without road and utilities. A fourth condition was added: In
lieu of park fees will be paid as set forth in the Park
Dedication Policy if the developer has not yet done so.
Motion by Don Valsvik to approve the Subdivision request with
four conditions. Motion carried 7-0.
Case No. 89-70 - Expansion and remodeling of Lily Lake School.
Bill Anderson of Anderson-Dale Architects and Dan Parker of
School District 834 presented the request. Steve Russell
explained that the request was added to the agenda because of the
short agenda and so that the project could be completed before
the next school year begins.
Mr. Parker explained that the project will expand student
capacity at Lily Lake by 180 students. A new gymnasium with a
separate entrance, new mag classroom, new front entrance and some
office space will be added. The present cafeteria and IMC will be
expanded.
Motion by Judy curtis, seconded by Jean Jacobson to approve the
variance and special use permit with two conditions. Motion
carried 7-0.
OTHER ITEMS
Downtown Plan - The Commission reviewed the Downtown Improvement
Program meeting outline. On Thursday, October 19 at 7:00 p.m. the
Commission will meet with the Downtown Plan Action Committee, the
Parks and Recreation Board, and the Heritage Preservation
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stillwater Planning Commi55ion
October 9, 1989
Committee in the Council Chambers.
Industrial Park - The Commission reviewed a study of the West
Stillwater Business Park Existing Conditions.
ADJOURNMENT
Motion by Judy Curtis, seconded by Glenna Bealka to adjourn the
meeting at 8:10 p.m. All in favor.
Submitted by:
Shelly Schaubach
Recording Secretary
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illwater
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THE BIRTHPLACE OF MINNESOTA ~
NOTICE OF PUBLIC HEARING
PERMIT PARKING IN NEIGHBORHOOD
NEAR STILLWATER SENIOR HIGH SCHOOL
NOTICE IS HEREBY GIVEN that the C't .
Minnesota, will hold a Public Hea~i~ c~~ncll of the City of Stillwater,
P.M. .in the Council Chambers of CitygHallTU~~~a~, ~ovember. 7, 1989 after 7:00
conslder residential permit k' . ' or h Fourtn Street, to
High School. This plan wOul~arr~~~dln the,area ar?und ~he Stillwater Senior
and also parking permit cards ~or gu:s~sarkhlng ~e~mlt stlck~rs to homeowners
w 0 V1Slt the resldents.
All persons wishing to be heard 'th
heard at this meeting. For addi~~ re~erence ~o this Public Hearing will be
Director at 439-1314. onal lnformatlon call the Public Safety
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Mary Lou Johnson
City Clerk
Publish: October 27, 1989
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CITY HALL: 216 NORTH FOURTH STILLWATER MINN~TA 55082 PHONE ()
, : 612-439-6121
(Jr (q CO, UA../Ll&./t-cz,:}?U' .xif )
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RESOLUTION NO.
WHEREAS, the Stillwater City Council has approved and
adopted a Riverway Bluffland/Shoreland Ordinance, City Code
Chapter 31.06, consistent with the National Wild and Scenic
Rivers Acts, the federal and state Lower st. Croix Acts, and
Master Plans and Minnesota Rules, parts 6105.0351 to 61.0550; and
WHEREAS, the Minnesota Department of National Resources has
certified the City Riverway Bluffland/Shoreland Ordinance as
complying with the state policies and rules requirements; and
WHEREAS, the City of Stillwater received an application for
an alteration and expansion of an existing substandard structure
including the extension of an existing attached deck located at
120 Lakeside Drive in the Riverway Bluffland/Shoreland District
in the City of Stillwater, the "Rousseau home;" and
WHEREAS, public notice was given and information provided
regarding the application to government agencies, adjacent
property owners and the public as required by the Riverway
Bluffland/Shoreland Ordinance; and
WHEREAS, the City Council held public hearing on the
application at a regular meeting held on October 17, 1989; and
WHEREAS, at the hearing, the City Council considered the
staff report describing the property and explaining the need for
a determination regarding the conspicuousness of substandard
structures; and ·
WHEREAS, the City Council reviewed a video tape recording
and 35 mm pictures and other exhibits showing the structure as
viewed from the river; and
WHEREAS, the City Council considered testimony, exhibits and
written correspondence from the applicant, members of the public,
Department of Natural Resources and Minnesota/Wisconsin Boundary
Area Commission; and
WHEREAS, based on a review of the project plans, personal
viewing of the structure from the river by some Councilmembers,
pictures and video tapes showing the project from the river
during summer months, testimony from the public and state and
federal agencies, the City Council of the City of Stillwater
adopted the following:
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FINDINGS OF FACT
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1. That the on the riverward side of the Rousseau
home is attached to the home and therefore an integral part of
the home structure nd is not a separate structure.
2. That the eck is extended parallel to the river and
bluff line at the sa e or greater setback as the preexisting deck
and is not roofed.
3. That the ousseau home is located on a small urban lot
in a neighborhood u ban setting.
4.
side, the
the river
home.
That hous s surround the Rousseau home on the south
north sid and behind the home, and houseboats clutter
in front and to the north and south of the Rousseau
5. That ther
close to the Rousse
the river since som
home.
are extensive shoreline vegetation and trees
u home that partially obscure the view from
of these trees are higher than the Rousseau
6. That the orne is of an earthtone color that blends with
the adjacent surrou dings and is unobtrusive relative to the
background.
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7. That people who view the structure from the river
view it from a nt channel located some 2,000 feet away and
that islands covere with dead trees and vegetation partially
obscure views of the Rousseau home from that vantage point.
8. That the ackground to the Rousseau home and adjacent
residential structures is a tree covered hill much higher than
the homes.
9. That the ousseau home does not appear much taller than
any adjacent struct re and no taller than two-story homes that
are visible from the river but not located in the riverway
district.
10. That full range of riverward locations
from far north views of the Rousseau home are
obscured much of the time by vegetation adjacent to the Rousseau
home or vegetation covering the islands that interrupt the view
of the Rousseau ho e from the channel.
11. That the ousseau home is not readily noticeable when
viewed from the ri er in the summertime since two adjacent
marinas and large boat docks and docked boats dominate the view
of the neighborhood from the riverway.
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12. That at least twenty-three thousand riverway travelers
in 1989 passed by the Rousseau home on the river and no federal,
state or local government agency received a complaint that the
Rousseau house is noticeable.
13. That other structures in the riverway district that
have received variances are much more visible and noticeable than.
the Rousseau home, such as the Dock Cafe and the colored awning
at Popeye's Restaurant.
14. That the Rousseau home is essentially a two-story
structure of the same design and character as most of the
hundreds of other houses located within the City of Stillwater
visible from the riverway.
15. That the testimony at the hearing reflected strong
public sentiment that the Rousseau home and any appurtenant
structures are visually inconspicuous and not noticeable.
CONCLUSIONS
NOW, THEREFORE, BE IT RESOLVED, that the alteration,
expansion and extension of the substandard structure as proposed
by the Rousseaus is visually inconspicuous in summer months as
viewed from the river.
BE IT FURTHER RESOLVED that the project is consistent with
the City's comprehensive plan, the development pattern of the
area and the general community welfare.
Adopted by the City Council this
1989.
day of November,
Wally Abrahamson, Mayor
Attest:
Mary Lou Johnson, Clerk
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ORDINANCE NO.
BY
AN ORDINANCE AMENDING THE STILLWATER CITY CODE,
SECTION 43.01, SUBDIVISION 3
ELIMINATING THE REQUIREMENT OF A CORPORATE SURETY BOND
FOR LIQUOR LICENSEES
The City Council of the City of Stillwater, Minnesota, does
ordain:
1. The Stillwater City Code Section 4 .01, Subdivision 3,
is hereby amended by deleting the last two sentences of
Subdivision 3, which contain the requirements for liquor
licensees to file a corporate surety bond.
2. This Ordinance is enacted to conform with Chapter 49 of
Laws, 1989, Section 8, which repeals Minnesota Statutes 1988,
Section 348.412, Subdivision 1.
3. In all other ways, the Stillwater City Code shall
remain in full force and effect.
4. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
Wally Abrahamson, Mayor
Attest:
Mary Lou Johnson, City Clerk
Published:
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ORDINANCE NO.
AN ORDINANCE OF THE STILLWATER CITY CODE,
EXTENDING THE CORPORATE LIMITS OF STILLWATER
INTO CERTAIN UNINCORPORATED TERRITORY
THAT IS LESS THAN 200 ACRES IN AREA
AND IS ADJACENT TO THE CITY LIMITS
The City Council of the City of Stillwater, Minnesota, does
ordain:
WHEREAS, certain territory described below is not presently
included within the corporate limits of any incorporated city or
borough; and
WHEREAS, this territory is less than 200 acres in area and
is adjacent to the corporate limits of the city and the land is
deemed to be urban or suburban in character;
NOW, THEREFORE, the City Council of the City of Stillwater
ordains:
1. Territory Annexed. The corporate limits of the City of
Stillwater, Minnesota, are hereby extended to include the
unplatted territory described as followws:
That part of the SW 1/4 of SW 1/4 of Section 20, Township
30, Range 20, Washington County, Minnesota, described as
follows:
Beginning at the southwest corner of said SW 1/4 of SW 1/4;
thence North 00 degrees 40'34" West, bearing oriented to the
Washington County Coordinate System, South Zone along the
west line of said SW 1/4 of SW 1/4 a distance of 360.02 feet
to the north line of the South 360.00 feet of said SW 1/4 of
SW 1/4; thence North 89 degrees 58'15" East along said north
line 310.00 feet; thence South 08 degrees 43'32" East 364.19
feet to the south line of said SW 1/4 of SW 1/4; thence
South 89 degrees 58'15" West along said South line 361.00
feet to the point of beginning, containing 2.77 acres, more
or less, subject to a road easement for Neal Avenue over the
West 33.00 feet thereof.
2. Filing. The City Clerk is directed to file certified
copies of this Ordinance with the Secretary of State, the County
Auditor of Washington County, Minnesota, the Town Clerk of the
Town of Stillwater, Minnesota, and the Minnesota Municipal Board.
3. Effective Date of Annexation.
effect upon passage and publication and
copies as directed in paragraph 2 above
Minnesota Municipal Board.
This Ordinance takes
the filing of certified
and approval of the
.
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4. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
Adopted by the City Council this
, 1989.
day of
Wally Abrahamson, Mayor
Attest:
Mary Lou Johnson, City Clerk
Published:
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MEMO-RANDUM
TO:
Mayor and city Council
FR:
city Coordinator
DA: November 2, 1989
RE: SEXUAL HARASSMENT POLICY
Accompanying this memo is a sexual harassment policy that is recommended by the
Department of Human Rights. I believe the policy is straight forward and should
be adopted.
We have had preliminary discussion with Washington County to have county staff
provide the training that will be necessary for our employees to administer,
understand and to comply with the policy.
RESOLUTION NO.
BE IT RESOLVED, by the Ci y Council that the Policy and Procedures Manual dated
November 1, 1988, is hereb amended to include a Sexual Harassment/Discrimination
Policy attached hereto as Exhibit "A".
Adopted by the City Council this 7th day of November, 1989.
ATTEST:
Mayor
City C erk
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Exhibit "A"
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City of Stillwater
Sexual Harassment/Discrimination Policy
1.
Purpose statement
The intent of this policy is to notify about and heighten employee
awareness on the subject of sexual harassment in the workplace. The policy
will address what qualifies as sexual harassment, whom to notify, grievance
procedures, possible remedies and sources of appeal after judgement
rendered on allegations; in cases of dissatisfaction.
The overall purpose of this policy is to provide a work environment free
of verbal or physical harassment based on sex, sexual orientation or any
belief or attribute unrelated to job performance. These actions are meant
to be consistent with the merit principles, meaning free of discriminatory
practices and in accord with M.S. Subsection 43A.Ol, Subd. 2 (Precedence
of merit principles and nondiscrimination) which makes removal and
elimination of all forms of harassment a necessity.
II. Sexual Harassment
1. Generally defined as:
a.
Unwelcome or unwanted sexual advances. This means patting,
pinching, brushing up against, hugging, cornering, kissing,
fondling or any other similar physical contact considered
unacceptable by the other individual.
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b. Requests or demands for sexual favors. This includes subtle
or blatant expectations, pressures or requests for any type
of sexual favor accompanied by an implied or stated promise
of preferential treatment or negative consequence concerning
one's employment status or conditions of employment.
c. Verbal abuse or kidding that is sex-oriented and considered
unacceptable by the other individual. This includes commenting
about an individual's body or appearance where such comments
go beyond mere courtesy, telling "dirty jokeslt that are clearly
unwanted and considered offensive by others; or any other
tasteless, sexually oriented comments, innuendoes or actions
that offend others.
d. Engaging in any type of sexually oriented conduct that would
unreasonably interfere with another's work performance. This
includes extending unwanted sexual attentions to someone that
reduces personal productivity or time available for work at
assigned tasks.
e.
Creating a work environment that is intimidating, hostile or
offensive because of unwelcome or unwanted sexually oriented
conversations, suggestions, requests, demands, physical
contacts or attentions.
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2. Title VII Def nitions:
Sexual harass ent is defined as a form of sexual discrimination under _
Title VII of the Civil Rights Act of 1964. Guidelines on
Discriminatio Because of Sex, Section 1604.11, Sexual Harassment,
indicates:
a.
Harassm
of Titl
favors
constit
conduct
conditi
or reje
basis f
( 3 ) suc
interfe
an int'
nt on the basis of sex is a violation of Section 703
VII. Unwelcome sexual advances, requests for sexual
nd other verbal or physical conduct of a sexual nature
tes sexual harassment when (1) submission to such
is made either explicitly or implicitly a term or
n of an individual's employment; (2) Submission to,
tion of, such conduct by an individual is used as the
r employment decisions affecting such individual; or
conduct has the purpose or effect of unreasonably
ing with an individual's work performance or creating
idating, hostile or offensive working environment.
b. In det rmining whether alleged conduct constitutes sexual
harassm nt, the City will look at the record as a whole and
at the otality of the circumstances, such as the nature of
the se al advance and the context in which the alleged
inciden s occurred. The determination of the legality of a
particu ar action will be made from the facts, on a case-by-
case ba is.
Applyin general Title VII principles, an employer, employment
agency, joint apprenticeship committee or labor organization
(hereaf er collectively referred to as "employer") is
respons ile for its acts and those of its agents and
supervi ory employees with respect to sexual harassment
regardl ss of whether the employer knew or should have known
their 0 currence. The City will examine the circumstances of
the par icular employment relationship and the job functions
perform d by the individual in determining whether an
individ al acts in either a supervisory or agent capacity.
c.
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d. With re pect to conduct between fellow employees, an employer
is resp nsbile for acts of sexual harassment in the workplace
where t e employer (or its agents or supervi~ory employees)
knows 0 should have know of the conduct unless it can show
that it took immediate and appropriate corrective action.
An empl yer may also be responsible for acts of nonemployees,
with r spect to sexual harassment or employees in the
workpla e, where the employer (or its agents or supervisory
employe s) knows or should have know of the conduct and fails
to tak immediate and appropriate corrective action. In
reviewi g these cases, the City will consider the extent of
the emp oyer's control and any other legal responsibility which
the em loyer may have with respect to the conduct of such
nonempl yees.
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f. Prevent' on is the best tool for the elimination of sexual
harass nt. An employer should take all steps necessary to
prevent sexual harassment from occurring, such as affirmatively
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raising the subj ect, expressing strong disapproval, developing'
appropriate sanctions, informing employees of their right to
raise and how to raise the issue of harassment under Title VII
and developing methods to sensitize all concerned.
g.
other Related Practices - Where employment opportunities or
benefits are granted because of an individual's submission to
the employer's sexual advances or requests for sexual favors,
the employer may be held liable for unlawful sex discrimination
against other persons who were qualified for, but denied that
employment opportunity or benefit.
3. Normal, courteous, mutually respectful, pleasant, noncoercive
interactions between men and women that are acceptable to both
parties are not considered to be sexual harassment.
III. Supervisory Responsibility
1. Supervisors are required to deal swiftly and vigorously with persons
harassing others.
2. An employee who engages in sexual harassment is subject to standard
disciplinary procedures.
3.
A supervisor who becomes aware of sexual harassment but fails to take
immediate action against it will also be subject to disciplinary
procedures. Failure to take prompt remedial action as a supervisor
may be viewed under the law as the supervisor and employer condoning
the behavior.
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4. Appropriate Corrective Actions for Supervisors:
a. Sensitive handling is required for sexual harassment
complaints. A person making such a complaint is often upset,
even though the complaint could be a simple misunderstanding
or misreading of behavior. Suggested plans of action:
1. Bring the matter to the alleged harasser's attention;
obtain his/her side of the story without the complainant
being present.
2.
Bring both parties together and serve as a mediator to
encourage them in understanding each other's behavior.
Be thoughtful; since if this situation is not handled
in a sensitive manner, bad feelings can develop. Often
simply talking about the complaint will stop the
unwelcome behavior. However, if the harassing behavior
has been so blatant and demeaning that the complainant
will not confront the harasser under any circumstances,
the story must be verified by talking to other
knowledgeable individuals. Questions to keep in mind
in this regard might be:
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a. Who did the offensive behavior?
b. What was the offensive behavior?
c. When did the offensive behavior occur?
.
Did it happen more than once?
Where did the offensive behavior occur?
What did the victim do in response to the behavior? _
Was there a witness? If so, what is the name(s)?
What does the victim want done to remedy the
situation?
Are there any other relevant facts or data to be
reported?
Has the offender been involved in similar other
incidents?
5. Impose progr ssive discipline as appropriate. The harasser can
maintain a igh position in the organization but action against
him/her must be applied just as vigorously as it would be against
any other em loyee.
6. The City mus insure that no retaliation toward the complainant or
persons who s pport the complainant occurs. Some supervisors, having
been charged with harassment, might become vindictive when it comes
to performa ce appraisals, recommendations for training and
promotions, r other daily assignments. If any supervisory decision
is made on th basis of a sexual harassment complaint, the City could
be liable fo the supervisor's misconduct and will take appropriate
disciplinary action.
IV.
Re
Sexual H rassment
1.
An employee
harassed by
person in re
to consider
ho believes that he/she is being or has been sexually
supervisor, co-worker, elected official or any other
ationship to employment with the City should be advised
he following options:
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a. Polite y but firmly confront whoever is doing the harassing.
State ow you feel about his or her actions. Politely request
the pe son cease harassing you because you feel intimidated,
offend d or uncomfortable. If practical, having a witness with
you fo this discussion.
memorandum for your personal file that describes the
t(s) of sexual harassment, a summary of your
ation with the person you believe is harassing you and
at person's reaction was when confronted.
b. If you believe some adverse employment consequences may result
from c nfronting the harasser, go to your supervisor or the
City C ordinator. Either orally or in writing state specific
detail of the sexually harassing behavior.
c.
If, af er what is considered to be a reasonable length of time
(for e ample, 30 days), you believe inadequate action is being
taken to resolve your complaint, the next step is to report
the i cident to your department head, union steward or City
Coordi ator. If you are still dissatisf ied, you may seek
assist nce from the Minnesota Department of Human Rights.
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2.
Confidentiality:
Under the Minnesota Data Practices Act, all allegations and
subsequent investigations shall remain "non-public"; all complaints
and investigative materials will be contained in a file separate from
the involved employees I personnel files. If disciplinary action does
result from the investigation, the results of that disciplinary
action will then become a part of the disciplined employee's
personnel file and will become "public" under the Act.
v. Sexual Harassment Grievance Procedure:
Identification of Subjects - Complainant is any employee or applicant who
believes he/she has been sexually harassed. Counselor is a department
head, union steward, employee assistance coordinator or any other
individual who is responsible for the informal counseling and resolution
of a sexual harassment complaint. City Coordinator has the responsibility
for assuring that a formal investigation is conducted when an informal
resolution cannot be reached and providing a response to the complainant.
The City Coordinator has the authority to implement corrective actions,
to the extent and in the manner set forth in City personnel policies and
regulations and/or collective bargaining agreements.
Step 1:
The Complainant should contact the counselor within 30 calendar
days of the alleged incident (s) of sexual harassment ~ Contacts
made after 30 days will still be acted upon. Complainants are
encouraged to make contact within 30 days for expeditious
response.
Step 2:
The Counselor meets with the complainant and has 15 calendar
days to attempt to provide an informal resolution of the
incident. If an informal resolution cannot be reached, the
counselor will provide the complainant with information of the
complaint process, deadlines and other methods of resolution
which may be available.
Step 3:
If informal resolution fails, the complainant should file a
formal complaint in writing to the City Coordinator. (If the
City Coordinator is a party directly involved in the complaint,
the formal complaint should be filed directly with Minnesota
Department of Human Rights or Equal Opportunity Employment
Commission). The City Coordinator will:
a.
Acknowledge receipt of
calendar days;
Conduct an investigation
Inform complainant of
resolution.
formal complaint within 10
b.
c.
of the complaint;
findings and recommended
Step 4:
If the City Coordinator finds, after investigation, that there
is no substantial evidence to support the charges alleged, the
City Coordinator will notify the complainant in writing that
the investigation is being discontinued and advise the
complainant of the right to appeal to the City Council within
15 calendar days. Upon such an appeal, the City Council will
review the case and render a final decision within 30 calendar
days.
step 5 :
Complai
process
directl
Opportu
VI. Prohibition
ants are encouraged to follow the local complaint
However, they have the option of filing a complaint
wi th the Minnesota Department of Human Rights or Equal
ity Employment Commission.
1. It is a viola ion of the Minnesota Human Rights to engage in any act
of reprisal gainst anyone who has made or supported a claim of
sexual harass ent. Minnesota statute Subsection 363.03, Subd. 7,
prohibits rep isal and defines reprisals as follows:
It is unfai
organization,
service, educ
estate broker
to intentiona
of that perso
discriminatory practice for any employer, labor
employment agency, public accommodation, public
tional institution or owner, lessor, lessee, any real
real estate salesperson or employee or agent thereof
ly engage in any reprisal against any person because
1) a practice forbidden under this chapter or has filed
a charg , testified, assisted or participated in any matter
in an i vestigation, proceeding or hearing under this chapter;
or
2)
ed with a person or group of persons who are disabled
are of different race, color, creed, religion or
origin.
A reprisal in ludes, but is not limited to, any form of intimidation,
retaliation 0 harassment. It is a reprisal for an employer to do
any of the f llowing with respect to an individual because that
individual ha engaged in the activities listed in clause 1) or 2);
refuse to hir the individual; depart from any customary employment
practice; tra sfer or assign the individual to a lesser position in
terms of wag s, hours, job classification, job security, or other
employment s atus; or inform another employer that the individual
has engaged i the activities listed in clause 1) or 2).
2.
3. THE CITY OF S ILLWATER PROHIBITS REPRISAL OF ANY FORM EVEN IN THOSE
CASES IN WHI THE INITIAL CLAIM OF SEXUAL HARASSMENT IS DETERMINED
TO BE UNFOUND D OR UNSUBSTANTIATED.
Adopted by the City Council this 7th day of November 1989.
ATTEST:
City Clerk
Mayor
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LIST OF BILLS
EXHIBIT "A" TO RESOLUTION NO. 8193
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Beberg, Donald
Bell, Timothy
Klosowsky, Bruce
Dauffenbach, Larry
Swanson, Douglas
Miller, Leo
Sievert, Arthur
Anderson, Richard
Ulrich, Richard
Roettger, David
Peterson, Craig
Shoemaker, Andrew
Magler, Jeffrey
Wardell, Leslie
Albinson
Armstrong Medical
A T & T
Bliss Plumbing & Heating
Boyum Equipment
Business Equipment Brokerage
Business Machines Sales
Cellular One
century Power Equipment
Con/Spec Corporation
Croix Oil Company
Deblon, Diane
Ecolab Pest Elimination
Equipment Supply Inc.
Fadden Pump Corporation
Fred's Tire Company
Fruehauf Trailer
Glaser, Paul
Goodyear
Greeder Electric
Historical Research
Hoffman Refrigeration
Incstar Corporation
Jacobson, Cindy
Kolliners
Kabekonian Year Book
Lakeland Truck Center
Lawson Products
L. N. Sickels
Magnuson/Dieperink
Mackall, Crounse & Moore
McGarry - Kearney Agency
e
Refund Blue Cross
Refund Blue Cross
Refund Blue Cross
Refund Blue Cross
Refund Blue Cross
Refund Blue Cross
Refund Blue Cross
Refund Blue Cross
Refund Blue Cross
Refund Blue Cross
Refund Blue Cross
Refund Blue Cross
Refund Blue Cross
Refund ~lue Cross
Activator-copy Machine
Manikins
Long Distance Calls
Boiler Check
Bearing/Sprocket
Supplies
Mte. Contract-Fire
Mobile Phone
Parts-Blower
Router Bits
Gas
Mileage
Pest Control (Sept.Oct.)
Restart.
Filter Assy.
Tire
8 Wheel Chocks
Boiler Engineer
12 Tires
Repair Lights-Fire Dept.
Downtown Survey
New Furnace-Parks
50% Bond Proceeds
Mileage
clothing Allowance
Year Book
Filter Tube Assy.
NutS/Bolts
Crack Filler
Legal Services
Services
Fund Raising Events
71.58
71. 58
71. 58
71. 58
71.58
71. 58
71. 58
71. 58
71. 58
71. 58
71. 58
71.58
71. 58
29. 70
56.56
2,385.65
12.88
317 .00
148.66
128.90
75.00
9.45
11.45
252.00
7,032.02
93 . 25
370.00
66.00
434.88
29.99
94.81
200.00
528.36
121.40
2,604.40
1,575.00
259,687.50
15.75
182.37
25.00
51.35
345.49
1,075.20
8,847.44
2,835.40
10.72
Metropolitan Waste
Commission
Miller Excavating
Mh. Conway Fire & Safe y
Mn. Correctional Indus ries
MTI Distributing
Molin Concrete
Motorola, Inc.
Motorola, Inc.
Northern States Power ompany
North Star Chapter ICB
North Star Dodge
Oxford Chemical
PHP of Minnesota
Public Safety Equipment
Russell, Stephen
St. croix Cleaners
st. Paul pioneer Press
St. Paul Stamp Works
Short Elliott Hendrie son
Short Elliott Hendrie son
Snap on Tools
Stillwater, City of
Stillwater Fire Dept.
Stillwater Photo
T. A. Schifsky & Sons
Tri-State Pump
Turf Supply Company
United Building Cente
Valley Trophy
Van Paper Company
Viking Office Product
WMI Services
Wear Guard
W. E. Neal Slate
White Bear Dodge
Zepper, Allen
MANUAL CHECKS
Jim's Building Mainte ance
Ameridata
Blue Cross/Blue Shiel
Coka Company, Ltd.
Commissioner of Reven e
Glaser, Paul
Hangsby, Wendy
Instrumentation Servi es
Junker Sanitation Ser ice
Land Title, Inc.
Photography by Larson
Sac Charges-October
Demolish House/Ball Field
3 pants/Re-charges
Repair Dump Truck
Parts
Curbing
Telephone for Sewer
Service Agreement
Energy Charge
Membership
Choke ASSy.
Hand Cleaner
Hospital-Deblon
Re-certify Radar Units
Seminar-Lunch
Laundry-Fire Dept.
Sno Removal Ad
Dog Tags
Engineering
Engineering
Drill/4 Sockets
Petty Cash Fund
Poster Contest
Photo Work
Blacktop
New Pump-Pizzinger
Sustane
Treated Timbers
Frame and Key
Clear Tape/Towels
Supplies
Portable Toilets
Shirts
Marker Boards
Clutch Switch
Meetings
October Services
Computer Equipment
October Billing
City Pins
Sales Tax
Boiler Engineer
Replace NSF Check
Seminar-Johnson/Nordquist
October Payment
Overpayment #255
Picture
"'\~
~
5,405.40
1, 010. 12
53 5 . 84
15,882.27
300.95
930.00
505.20
267.00
15,007.39
30.00
33.75
67 . 83
224.05
100.00
20.00
36.40
24 9. 90
90.00
31,237.64
8,577.19
13 9. 87
78.87
100.00
81.24
33 5 . 16
1,080.80
7 53 . 60
410.40
50.44
179.70
94 . 2 8
520.00
673.65
970.00
25.50
20.00
-
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770.00
10,389.37
2,524 .93
630.00
158.57
200.00
87.50
70.00 e
58,300.00
801.04
49.00
J
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Postmaster
Stafford, R. H. Washington
Co.unty Treasurer
Stafford, R. H. Washington
County Treasurer
State Treasurer
ADDENDUM TO BILLS
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American Linen Supply
A T & T
A T & T
A T & T
B~berg, Byrdie
Blevins Concessions
Careful Painting
The Chamois Shop
Custom Fire Apparatus
DAC Industries
David Heath Computor Consulting
Dorsey & whitney
Fred's Tire Company
Goodwill Industries, Inc.
Grindstone, Inc.
Lakes Gas Company
MIl Life, Inc.
Mn. Dept. of Public Safety
Murray Sandler Skate & Sport
N. W. Tire & Battery
Opheim, Roberta
st. Croix Car Wash
Simonet Furniture Company
Snyder Bros. #16
Stillwater Area C of C
Taystee Baking Company
Texgas
Twin City Testing
Uniforms Unlimited
U. S. West Communications
W. W. Grainger, Inc.
wybrite, Inc.
State of Minnesota
Postage for Meter
License/Tax
License/Tax
3rd Qtr. Surcharge Report
Towel Service
Lease/Rental
Leased Equipment
Answering Remote
Typing
pop Corn Supplies
Painting Council Chambers
Cleaner/Polish
Fire/Rescue Apparatus
Water Treatment/pump
Network Setup
Services-Bond Issue
Tire Repair
October Expenses
Ice Knives Sharpened
propane
Term Life Insurance
CJDN Charges
Tape/Laces
Anti-Freeze
Meals
Wash 15 Squads
Tw in Bed Combp
Card/Batteries
Lunches
Concession Supplies
Propane
Soil Compaction Tests
pins
Services
Florescent Lights
Mte. Agreement
Minnesota Session Laws
Adopted by the Council this 7th day of November, 1989.
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APPROVED FOR PAYMENT
1,000.00
716. 94
501.00
2,749.95
28.60
113.70
41.04
129.95
80.00
199.74
1,877.00
25.60
77,550.00
828.62
200.00
3,750.00
22.50
552.17
45.00
132.00
1,004.13
330.00
508. 80
295.00
17.00
56.25
340.00
27.82
105.00
92 .82
102.50
975.00
10 . 90
1,016.16
39.58
141.00
16.00
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November 1, 1989
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Attn: Mr. Wallace Abrahamson
I am the owner of the property located at 200-204 South Third Street
in Stillwater, which is commonly known as the Arlington Apartments. This
building is on the south side of the Chestnut Street stairs and on the north
side of the stairs is a vacant lot owned by the City of Stillwater. The legal
description of the city property is Lot 5, Block 23 original city and its'
size is 50' wide and 150' deep. I would like to make an offer to purchase
this city owned lot.
The City of Stillwater has owned this lot since 1943 and over the
last ten years has allowed some unrecorded construction use on the property
which limits its future use. Specifically these are: (1) Northern States
Power Co. pole in the middle of the lot. (2) Storm sewer from Del's Out-
door Equipment that runs diagonally across the front of the lot. (3) Retain-
ing wall to protect S.W. corner of Del's building on the north side of the
lot. (4) Access ramp to rear balcony of Del's building across the middle
of the lot. Also limiting the use of the land is that the back 50' is a
very steep rising hill.
My interest in this city property is to use it for off-street park-
ing for the Arlington Apartments. I would propose to build retaining walls on
the north and east side to level up the front half of the lot so it could
accomodate from 10-13 cars.
I offer to purchase this lot from the city for $10,000.00 and ask
that you consider this offer as a way of returning this land to the tax rolls,
improving the condition of this piece of land in the heart of town and as a
way to help provide off-street parking.
:~~~
/R"'PtJ~e:v' USE - L./Jr", 4~.11/ \.,.
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RESOLUTION NO. 1148
RESOLUTION AUTHORIZING THE PURCHASE OF REAL ESTATE
RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER that the City
acquire from Frank Schmidt of Stillwater, his right, title and
interest in and to the following described land situated in Washington
County, Minnesota, to-wit;
Lot &x Five (5) in Block Twenty-Three (23) of the original
Town, now City of Stillwater.
The consideration to be paid therefore is to be the sum of
Ten DOllars, ($10.00) in cash and in addition. the City is to release
and discharge said Frank Schmidt from any and all claims against him
arising out of his failure to clean up said property or to do anything
else with respect thereto except what has allready been done to the
same.
And upon delivery by said Frank Schmidt of a quit claim
deed to said premises to the City, duly approved by the City Attorney,
the City Clerk is authorized and directed to issue his warrant on the
City Treasurer for the sum of Ten Dollars, ($10.00) payable to said
Frank ~chmidt.
Passed April, 6, 1943.
Fublished April, 7, 1943.
Attest.
,~
Mayor
City Clerk
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MEMORANDUM
TO:
Mayor Wally Abrahamson
Nile Kriesel.., Cj.J:y Coordinator
Ci ty Council V
FROM:
David T. Magnuson, City Attorney
DATE:
November 3, 1989
RE:
Kilty Offer to Purchase Lot 5, Block 23
Pursuant to Nile's request, I found that the City purchased the
property that Kilty wants to buy in June of 1943. A copy of the
Resolution of April 6, 1943, that authorized the purchase is
enclosed in your packet.
It appears that approximately 90 x 50 feet of the lot would be
usable for Mr. Kilty. This amounts to approximately 4500 square
feet.
In view of the many appraisals that you have obtained within the
last year in the downtown and the many comparables that you have
already considered, it would seem that $3.25 a square foot would
be an accurate price for the property provided that the title
would be marketable.
In this case, there are a number of factors that would lessen the
value of the parcel. There is the matter of an undefined storm
sewer easement constructed across the front of the property, the
encroachment of the ramp connected to Del's Outdoor Equipment
building, and furthermore, the condition of the title to the
property that might require some work since it was obtained in
1943 by quit claim deed from the then owner.
A suggestion would be that $10,000 would be a reasonable price
for the property if Kilty would agree to accept a quit claim deed
to the property subject to the City easement for storm sewer
purposes and subject to a condition that it only be used for
parking lot purposes.
This approach would make the transfer of the property inexpensive
for the City, derive revenue for the City, ensure that the
property be used to lessen the parking problems in the area and
finally, ensure the property's return to the taxrolls.
Qtvv~
David T. Magnuson
DTM:kn
,.
e CITY OF STILLWATER
GENERAL FUND
FOR THE PERIOD ENDING OCTOBER 31, 1989
Current Year to Under Percentage
Month Date Annual (over) Received/
Revenues Actual Actual Budget Budget Expended
Taxes 0 1,092,711 2,329,652 1,236,941 46.90
License & Permits 6,754 89,604 120,380 30,776 74.43
Intergovernmental 7,249 778,377 1,404,066 625,689 55.43
Charges for Services 3,698 158,192 221,422 63,230 71.44
Fines and Forfeits 6,485 72,901 95,000 22,099 76.73
Miscellaneous 612 115,854 3,751 (112,103 ) 3088.61
Transfers 32,228 227,635 493,250 265,615 46.15
Total Revenue 57,026 2,535,274 4,667,521 2,132,247 54.31
Expenditures
Mayor & Council
Personnel 2,550 25,404 33,819 8,415 75.11
Services & Charges 222 5,899 7,025 1,926 72.58
Miscellaneous 117 1,119 800 (319) 139 .87
-
Total Mayor & Council 2,889 31,622 41,644 10,022 75.93
-Admin/Finance
Personnel 23,135 228,172 273,543 45,371 83.41
Supplies 1,575 7,753 7,975 222 97.21
Services & Charges 28,068 81,924 97,315 15,391 84.18
Miscellaneous 9,315 20,808 21,400 592 97.23
Capital Outlay 0 0 38,500 38,500 0
Total 62,093 338,657 438,733 100,076 77.18
Legal/City Attorney
Personnel 3,049 30,409 37,795 7,386 80.45
Supplies 170 2,010 4,000 1,990 50.25
Services & Charges 7,925 78,329 88,785 10,456 88.22
Miscellaneous 290 460 0 (460) 100.00
Total 11,434 111,208 130,580 19,372 85.16
Plant/City Hall
Supplies 44 2,399 5,750 3,351 41.72
Services & Charges 4,447 40,985 46,500 5,515 88.13
Miscellaneous 0 84 200 116 42.00
Capital Outlay 0 1,088 32,000 30,912 3.40
-
Total 4,491 44,556 84,450 39,894 52.76
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- CITY OF STILLWATER
GENERAL FUND
FOR THE PERIOD ENDING OCTOBER 31, 1989
Current Year to Under Percentage
Month Date Annual (over) Received/
Actual Actual Budget Budget Expended
Police
Personnel 56,796 689,799 867,552 177,753 79.51
Supplies 1,097 12,210 34,103 21,893 35.80
Service & Charges 6,629 67,598 95,100 27,502 71.08
Miscellaneous 327 27,379 35,124 7,754 77.94
Capital Outlay 12,428 55,874 49,305 (5,569) 113.32
Total 87,277 852,860 1,081,184 228,423 78.88
Fire
Personnel 27 , 681 295,061 382,736 87,675 77.09
Supplies 531 7,828 13,843 6,015 55.54
Services & Charges 4, 114 80,532 101,468 20,836 79.46
Miscellaneous 316 1,840 3,425 1,585 53. 72
Capital Outlay 19,326 132,303 193,845 61,542 68.25
Total 51,968 517 ,664 695,317 177,653 74.45
-CiVil Defense
Personnel 178 1,755 2,500 735 70.60
Supplies 0 0 25 25 0
Services & Charges 131 1,047 1,350 303 77.55
Miscellaneous 0 0 200 200 0
-
Total 309 2,812 4,075 1,263 69.00
Public Works
Personnel 7,439 71,665 86,804 15,138 82.56
Supplies 213 8,739 17 ,080 8,341 51.16
Services & Charges 769 11,145 30,415 19,269 36.64
Miscellaneous 0 120 600 480 20.00
Capital Outlay 0 0 3,000 3,000 0
Total 8,421 91,671 137,899 45,228 66.47
Street
Personnel 16,265 181,197 234,438 53,241 77.28
Supplies 2,103 32,796 80,000 47,204 40.99
Services & Charges 22,491 97,638 171,550 73,912 56.91
Miscellaneous 100 2,011 (2,011) 100.00
Capital Outlay 0 37,895 166,700 128,804 22.73
e Total 40,959 351,538 652,588 301,150 53.86
2
e THE CITY OF STILLWATER
GENERAL FUND
FOR THE PERIOD ENDING OCTOBER 31, 1989
CUrrent Year to Under Percentage
Month Date Annual (over) Received/
Actual Actual Budget Budget Expended
Shop
Personnel 4,982 54,317 70,109 15,792 77.47
Supplies 202 8,047 6,000 (2,047) 134. 11
Services & Charges 1,501 11,950 22,330 10,380 53.51.
Miscellaneous 0 10 200 190 5.00
Capital Outlay 0 0 10,000 10,000 0.00
Total 6,685 74,324 108,639 34,315 68.41
Planning & Inspection
Personnel 13,853 138,434 157,405 18,971 87.94
Supplies 55 1,494 3,865 2,371 38.65
Services & Charges 3,629 22,606 36,270 13 , 664 62.32
Miscellaneous 27 690 1,020 330 67.64
Capital Outlay 474 474 600 126 79.00
Total 18,038 163,698 199,160 35,462 82.19
_ Signs & Lighting
Supplies 131 3,557 10,000 6,443 35.57
Services & Charges 8,819 79,212 105,000 25,788 75.44
Miscellaneous 0 0 1,000 1,000 0
Total 8,950 82,769 116,000 33,231 71. 35
Unallocated
Personnel 2,525 23,311 29,600 6,289 78.75
Supplies 0 1,291 (1,291) 100.00
Services & Charges 0 1,984 (1,984) 100.00
Miscellaneous 1,029 17 , 127 5,000 (12,127) 342.54
Transfers 66,183 661,826 194,191 134,365 83.33
Total 69,737 705,539 828,791 123,252 85.12
Total Expenditures 373,251 3,368,918 4,519,160 1,150,242 74.54
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PARK FUND
FOR THE PERIOD ENDING OCTOBER 31, 1989
Current Year to Under Percentage
Month Date Annual (over) Received/
Park Fund Actual Actual Budget Budget Expended
Revenues
Miscellaneous Revenue 6,553 16,475 13 ,000 (3,475) 126.73
Transfers In 20,833 262,120 316,599 54,479 82.79
Total Revenues 27,386 278,595 329,599 51,004 84.52
Expenditures
Personnel 16,434 170,900 210,059 39,159 81.35
Supplies 297 15,578 20,600 5,022 75.62
Services & Charges 2,676 25,125 31,140 6,015 80.68
Miscellaneous 50 1,311 1,200 (111) 109.25
Capital OUtlay 1,600 53,787 66,600 12,813 80.76
Total Expenditures 21,087 266,701 329,599 62,898 80.91
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Metropolitan Waste Control Commission
Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101
612 222-8423
October 29, 1989
Mayor Wallace Abrahamson
216 North 4th street
Stillwater, MN 55082
Dear Mayor Abrahamson:
Congratulations on achieving the honor of "Star City"! As you
know, I was at the luncheon on Friday, October 27 when the Governor
presented the award to your City and the cities of Oak Park Heights
and Bayport.
I always enjoy visiting stillwater and love its location right on
the beautiful st. Croix River.
Please extend my congratulations and the congratulations of the
MWCC Commissioners to your staff as well. They deserve high praise
for this achievement.
4It Best wishes to all!
star
-
Equal Opportunity/Affirmative Action Employer
~<D
STILLWATER PUBLIC LIBRARY
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223 NORTH FOURTH STREET
STlLLW.ATER, MINNESOTA 55082
439-1675
BOARD OF TRUSTEES
MINUTES
OCTOBER 2, 1989
The regular monthly meeting of the Stillwater Public Library Board
of Trustees was held on Monday, October 2, 1989.
Present: Childs, Schmidt, Welshons, Hansen, Kalinoff, Cass,
Bertalmio.
The meeting was called to order at 6:30 P.M. by President Hansen.
The Board moved to:
~ Adopt the agenda as published
~ Approve the minutes as published
~ Approve payment of bills in the amount of $5,323.56.
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COMMITTEE REPORTS
1. ADMINISTRATION - Director evaluation was discussed with
the Director on September 19, 1989.
2. BUDGET & FINANCE - All action held in abeyance pending
state legislative special budget session.
3. PUBLIC RELATIONS - Brain-stormed ideas for library
slogans and logos.
4. WCL/SPL LIAISON - Schmidt reported on items of interest
from the September 12, 1989 WCL Board meeting.
5. BUILDING & GROUNDS - Nile Kriesel was advised SPL had
decided to do no further planning on expanded parking
until such planning can be coordinated with similar
action by the City for expansion of City Hall complex
parking.
OLD BUSINESS
1. 1990 Budget - is on hold.
2. WCL!SPL Contract - approval was recommended by WCL
(subject to County Attorney and MELSA)
3. WCL!SPL Joint Meeting - will be held on October 24, 1989
in Woodbury.
4. Meeting Room Policy - was adopted.
NEW BUSINESS
1. Labor Contract - Upcoming contract was discussed.
2. Public Relations - Committee led brainstorming session
for logo and slogan ideas.
3. Director's Report - Director's, Reference and Children's
Library reports were presented.
The meeting was adjourned at 7:55 P.M.
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Respectfully submitted,
Jane Dickinson Cass, Recording Secretary
CONTRACTORS APPLICATIONS
e November 7, 1989
Careful Painting Painting Contractor Renewa 1
P.O. Box 466
Stillwater, Mn. 55082
Heat-N-Glo Fireplace Products Fireplace Installation New
6665 W. Highway 13
Savage, Mn. 55378
Hurlburt Builders General Contractor New
8707 Dellwood Rd. No.
Mahtomedi, Mn. 55115
A. Mollenhoff Construction Roofing New
2210 No. Dale St.
Rosevill e, Mn. 55113
R.L. White Builders, Inc. General Contractor New
1424 80th Ave.
Spring Lake Park, Mn. 55432
John Wil helmson General Contractor New
1225 Rondeau Lake Rd.
Forest Lake, Mn. 55025
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M E M 0
TO:
FROM:
DATE:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
NOVEMBER 2, 1989
SUNDAY LIQUOR SALES, LIMITED FOOD ESTABLISHMENT LICENSING
Recently, Staff was alerted to the fact that the State Statutes may be more
restrictive regarding licensing of Sunday Liquor Sales being contingent upon
food being served. Mark Vierling, City Attorney for Lake St. Croix Beach,
requested an opi ni on ,from the Attorney General's Off; ce and thei r
interpretation is that a limited food handling establishment where only
unwrapped bakery products, candies, canned or bottled beverages, nonperishable
machine-dispensed beverages, or prepacked sandwiches, snacks or ice cream
novelties which are heated, served or sold for consumption on the premises or
immediate consumption off the premises does not meet the criteria for holding
a Sunday liquor license.
There are three such establishments in Stillwater -- John's Bar, Hidden Valley
Lounge and the Elks Club. I am enclosing a copy of the City Ordinances
covering this item and the letter from Mr. Vierling and the State Attorney
Generalis Office. The City Attorney will offer an opinion on this item at
Tuesday's meeting.
LAW OFFICES OF
ECKBERG, AMMERS, BRIGGS, WOLFF Be VIERLING
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
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LYLE .J, ECKBERG
.JAMES F. LAMMERS
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK.J, VIERLING
VICKI L. GIFFORD
GREGORY G. GALLER
(6121439-2676
FAX (6121 439-2923
October 26, 1989
John Scott McDonald, Esq.
Lawson, Raleigh, Marshall,
McDonald & Stibbe, P.A.
3880 Laverne Avenue North
Lake Elmo, MN 55082
John Rheinberger, Esq.
Rheinberger & Rheinberger
5995 Oren Avenue North
Oak Park Heights, MN 55082
Jack Clinton, Esq.
Clinton, O'Gorman
& Hutchinson, P. .
8750 - 90th Street South
Cottage Grove, MN 55016
James F. Shiely, Esq.
Gearin & Shiely, P.A.
500 Degree of Honor Bldg.
St. Paul, MN 55101
David Hebert, Esq.
Jergens, Hebert, W lch
& Humphreys, P.A.
20 North Lake Street
Forest Lake, MN 55025
David Magnuson, Esq.
Magnuson & Dieperink
324 South Main Street
Stillwater, MN 55082
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RE: Sund y Liquor Sale, Minn. Stat. ~348.l0l
Limi ed Food Establishment Licensing, Department
of H alth - Washington County; and
Pote tialCity Liability on Sunday Sales Negligent
Issu nce of Permits
Gentlemen:
The City f Lake St. Croix Beach has recently had a
concern with regar to the application for Sunday Sales from one
of its bars which had obtained a limited food establishment
license from Washi gton County. The bar in question is not known
to be a restaurant; but, nonetheless, upon obtaining the license
for limited food stablishment from Washington County, it
indicates that it's serving food and, therefore, calling itself
a restaurant, qual'fying for the Sunday Sale provisions under the
statute.
~pparently, several establishments throughout our
respective communi
license from Washi
have already quali
for purposes of th
list of those esta
and a copy of an 0
General's Office g
ies have obtained this particular type of food
gton County and may, in fact, be attempting or
ied themselves as a Sunday Sale establishment
statute. I am enclosing with this letter a
lishments as obtained from Washington County
inion I received from the Minnesota Attorney
nerally addressing the propriety of issuing
e
(
~
00
~(.,~ .
e John Scott McDonald, Esq.
John Rheinberger, Esq.
Jack Clinton, Esq.
James F. Shiely, Esq.
David Hebert, Esq.
David Magnuson, Esq.
Page 2
October 26, 1989
licenses under those circumstances. I do this as an
informational item to you and your cities as you may have some
interest in either modifying your ordinances so as to protect
your cities from possible claims of negligent issuance of permit
in this area, or otherwise generally review this atter with your
city clerks and administrators.
e
MJV:kp
Enclosure
cc: Nile Kriesel, City Coordinator
City of Stillwater
e
HUBERT H. HUMPHREY. III
ATTORNEY GENERAL
STATE OF MINNESOTA
mCE OF THE ATTORNEY GENERAL
-
ST. PAUL 55155
ADDRESS REPLY 1U:
525 PARK STREET
S 200
ST. PAUL, MN 55103
TELEPHONE:
Medicaid Fraud (612) 297-1048
Solicitor General (612) 297-1050
October 24, 1989
RE''';-I '
: ;-"., il-D
~J -_ I 'I c:
.OCT ;: 5 1989
Mr. Mark J. Vierling
City Attorney
City of Lake St. Cro.x Beach
Eckberg, Lammers, Br.ggs,
Wolff & Vierling
1835 Northwestern Av
Stillwater, MN 5508
Dear Mr. Vierling:
In your letter t
on-sale liquor estab
30 persons has obtai
establishment." Suc
ordinance as:
a food esta
offered for
products or
nonperishab
prepacked s
which are h
the premise
premises.
off-sale of
beverages.
~(Q)[PV
our office you indicate that a certain
ishment with a seating capacity for at least
ed a license as a "limited food handling
an establishment is defined by county
lishment where the only food sold or
sale to the public is unwrapped bakery
candies, canned or bottled beverages,
e machine-dispensed beverages, or
ndwiches, snacks or ice cream novelties
ated, served or sold for consumption on
or immediate consumption off the
his definition does not include the
liquor or similar bottled or canned
e
You ask whether he possession of such a food license
entitles the facilit to be granted a Sunday liquor license as a
restaurant pursuant 0 Minn. Stat. ~~ 340A.504, subd. 3 (1988).
The technical answer to your question ~s no. The mere possession
of a food handling l.cense does not in itself qualify an
establishment as a " estaurant" which may be granted a Sunday
liquor license. As ou indicate, the definitions of restaurant
contained in Minn. Sat. 9 340A.I01, subd. 25 is in part as
follows:
"A 'restaur
hotel, unde
manager, wh
to the gene
capacity fo
numbers: *
nt' is an establishment other than a
the control of a single proprietor or
re meals are regularly served at tables
al public, and having a seating
guests in the following minimum
*
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N EQUAL OPPORTUNITY EMPLOYER
.~...a"ct
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Mr. Mark J. Vierling
Page 2
Thus, in addition to the seating capacity and managerial
requirements, it is necessary that, in the establishment, "meals
are regularly served at tables to the general public." Deciding
whether this requirement is actually met at a particular
establishment obviously calls for factual determination by the
licensing authority.
Furthermore, the standard described by this language is
somewhat imprecise and subject to reasonable interpretation by
the licensing authority. For my own part, it seems clear that
the mere fact that food products are available for sale and
consumption on the premises is not sufficient. Minn. Stat.
9 340A.IOl, subd. 10, defines exclusive liquor store to include:
"an on-sale . . . establishment which sells food for on-premise
consumption when authorized by the municipality issuing the
license. On the other hand, the definition of restaurant
previously required that the "principal part of the
business. . . (be) the serving of foods."l This element of the
definition was eliminated in 1974. Minn. Laws 1974 ch. 196 9 1.
Thus it appears that food service is not required to be the
"principal" part of the business.
Nonetheless, it would seem that the actual serving of meals
at tables must be "regularly" done. Regular is defined to mean
"customary, usual or normal." The American Heritage Dictionary,
Second College Ed. (Houghton, Mifflin Company 1985) at 1041.
Therefore it is my view that the serving of meals at tables must
be the customary usual or normal activity at the establishment.
While I would not necessarily dispute that a "meal" could not be
composed exclusively of the items which may be dispensed under
the limited food handling license described, the occasional
consumption of snacks or sandwiches by scattered patrons within
the establishment would not meet the definition.
1
See Minn. Stat. 9 340.07, subd. 14 (1973), Op. Atty. Gen.
218-g-18, January 9, 1973.
Mr. Mark J. Vierling
Page Three
While I hope th
considerations of t
establishment in qu
be made by the lice
KER:gpr
se thoughts are of help in focusing the
e city, the ultimate judgment on whether the
stion is in fact a restaurant must in the end
sing authority.
Very t uly yours,
~/,~ q1e~//;~j'
ENNETH E. 1tAic{ril'" JR. Y
Assistant Attorney Gen~pal
/
Telephone: (612) 297-'1141
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LAW OF"F"ICES OF"
ECKBERG, LAMMERS, BRIGGS, WOLFF Be VIERLING
e
163!5 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA !5!:'>08Z
LYLE oJ. ECKBERG
oJAMES F". LAMMERS
ROBERT G. BRIGGS
PAUL A. WOLF"F"
MARK oJ. VIERLING
VICKI L GIF"F"ORO
GREGORY G. GALLER
161Z1439.Z878
F"AX 161Z1 439.2923
September 26, 1989
CC(Q)~V
Mr. Kenneth Raschke
Assistant Attorney General
State of Minnesota
525 Park Street, Suite 200
St. Paul, Minnesota 55103
RE: Minnesota Statute 340A.504, Subd. 3--Sunday On Sale
Intoxicating Liquor License
Dear Mr. Raschke:
FACTS
e
The City of Lake St. Croix Beach has been requested to issue
a Sunday On Sale intoxicating liquor license and in that regard
has reviewed the provisions of Minnesota Statute 340A.504, subd.
3, which provides in part:
"A restaurant, club, bowling center, or hotel with a seating
capacity for at least 30 persons and which holds an On Sale
intoxicating liquor license, may sell intoxicating liquor
for consumption on the premises in conjunction with the sale
of food between the hours of 12:00 o'clock noon on Sundays
and 1:00 o'clock a.m. on Mondays."
The applicant for the Sunday On Sale intoxicating liquor
license is attempting to qualify as a restaurant, claiming to
have a seating capacity for at least 30 persons. The
establishment currently holds an On Sale intoxicating liquor
license.
Minnesota Statute 340A.lOl defines restaurants in
Subdivision 25 thereof to read as follows:
e
"A 'restaurant' is an establishment other than a hotel,
under the control of a single proprietor or manager, where
meals are regularly served at tables to the general public,
and having a seating capacity for guests in the following
minimum numbers: * * * in the case of 'ClassGs Band C above,
the governing body of a city or county may prescribe a
higher minimum number. In fourth class cities and statutory
cities under 10,000 population, minimum seating requirements
are those prescribed by the governing body of the city."
Mr. Kenneth Raschke
Assistant Attorney eneral
Page 2
September 26, 1989
e
For purposes 0
City of Lake St. Cr
requirement of 30 p
not by ordinance
restaurant.
this fact situation, you may assume that the
ix Beach has established a minimum seating
rsons. You may also assume that the City has
attempted to define what constitutes a
The applicant for the Sunday On Sale intoxicating liquor
license claims to b_ a restaurant by virtue of having obtained
from the Washington County Public Health Department a "limited
food establishment' license. Pursuant to Washington County's
Food Protection Ordinance a limited "food establishment" license
is defined as follo s:
"Limited Food andling Establishment, shall mean a food
establishment here the only food sold or offered for sale
to the public is unwrapped bakery products or candies,
canned or bottled beverages, nonperishable machine-dispensed
beverages, or repacked sandwiches, snacks or ice cream
novelties whic are heated, served or sold for consumption e
on the premises or i~~ediate consumption off the premises.
This definitio does not include the off-sale of liquor or
similar bottle or canned beverages."
The establishment in question does not have kitchen or
kitchen facilitie. It does not provide place settings with
eating utensils, me us; it does not have waiters or waitresses,
nor is there any distinction or separation between the bar and
seating area.
What is sold the public by th2 establishment are
prepackaged, prepre ared food items that are either microwaved or
served cold, which can be eaten on or off the premises.
The County, of course, has been delegated by the State to
license restauran s and food handling establishments under
Minnesota Statute 145A.05, Subdivison 1. Washington County
provides four categories of food establishments, they being:
C. itinerant food establishment; and
ishment;
A. food
B.
od vehicle;
e
D. limited fo d handling establishment
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Mr. Kenneth Raschke
Assistant Attorney General
Page 3
September 26, 1989
all of which require a license. You may assume for the purposes
of this presentation that the applicant has obtained a valid
license from Washington County as a limited food handling
establishment.
We then ask substantially the fOllowing:
QUESTION:
DOES THE POSSESSION OF A "LIMITED FOOD ESTABLISHMENT"
LICENSEr PROPERLY ISSUED BY THE COUNTY, AS HELD BY AN
ESTABLISHMENT HOLDING AN ON SALE INTOXICATING LIQUOR
LICENSE ENTITLE THAT FACILITY TO APPLY FOR AND RECEIVE
A LICENSE FOR SUNDAY ON SALE INTOXICATING "LIQUOR LICENSE
OR, ALTERNATIVELY, DOES THE HOLDING BY AN ESTABLISHMENT
OF A LICENSE ISSUED BY THE COUNTY PUBLIC HEALTH DEPARTMENT
AS A "LIMITED FOOD ESTABLISHMENT" LICENSE QUALIFY THE
FACILITY AS A RESTAURANT AS PROVIDED IN
MINNESOTA STATUTE 340A.504r SUBD. 3 AND 340A.lOlr SUBD. 25?
I realize that the City of Lake St. Croix Beach, or any
other s~atutory city, could probably adopt an ordinance providing
for a more restrictive definition of restaurant than that which
is currently provided within the statutes; but assuming that none
is so adopted by the City, please direct your inquiry to the
questions above referenced.
Very truly yours,
Mark J. Vierling
MJV: kp
cc: John Jansen, Mayor
Linda O'Donnell, City Clerk
.j ( , -4
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ORDINANCE NO. 709
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
BY CHANGING SECTION 43.01, SUBDIVISION 7,
"HOURS OF OPERATION"
The City Council of the City of Stillwater does ordain:
1. Amendinq. Subdivision 7 and Subdivision 7a of Chapter
43.01 of the Stillwater City Code is deleted and Subdivision
7(a), (b), (c), and (d) are enacted to read as hereafter set
forth. .
"Subd. 7(a) ON SALE. No sale of intoxicating liquor for
consumption on the licensed premises may be made:
(1) between 1:00 a.m. and 8:00 a.m. on the days of
Monday through Saturday;
(2) after 1 a.m. on Sundays, except as provided in
Subd. 7 (b) ;
(3) between 8 p.m. on December 24 and 8 a.m. on
December 25, except as provided in Subd. 7(b).
Subd. 7(D). SVNDAY SALES. A restaurant, club, bowling
center, or hotel with a a seating capacity for at lesat 30
persons and which holds an on-sale intoxicating liquor
license may sell intoxicating liquor for consumption on the
premises in conjunction with the sale of food between the
hours of 12:00 noon on Sundays and 1:00 a.m. on Mondays,
provided that the licensee is in conformance with the
Minnesota Clean Air Act.
Subd. 7(c). OFF-SALE. No sale of intoxicating liquor may
be made by an off-sale licensee:
(1 ) on Sundays;
( 2) before 8:00 a.m. on Monday through Saturday;
( 3 ) after 10: 00 p.m. on Monday through Saturday;
( 4 ) 0[1 Thanksgiving Day;
( 5 ) on Christmas Day, December 25; or
( 6 ) after 8:00 p.m. on Christmas Eve, December 24.
Subd. 7(d). No person other than an employee of an
establishment licensed pursuant to this subdivision shall
remain on the licensed premises longer than one-half hour
after the closing time as established by this ordinance."
2. In allot
force and effect.
ways, the City Code shall remain in full
3. This Ordi ance shall be in full force and effect from
and after its passa e and publication according to law.
Dated this
Is
day of Jlugust, 1989.
w<<hr~r
Attest:
Publish:
1 ...
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t
~ illwater
~ ~
---- -~
THE BIRTHPLACE OF MINNESOTA J
e
DATE:
FROM:
RE:
CITY COUNCIL
DICK BLEKUM, PARKS DEPARTMENT
OCTOBER 25, 1989
ANN TERWEDO, ASSISTANT PLANNER
TRAM 250, BICYCLE TOUR
TO:
The Tram 250 Bicycle Tour plans to finish in Stillwater on
August 2, 1990. The cyclists will be coming down Myrtle
Street to the finish in Lowell Park. More information will
be provided at a later date. The MS Society is requesting
approval to have this event in Stillwater and to use Lowell
Park. The attached letter explains the event. 1,500 people
are estimated to be involved.
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CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 6l2-439-6121
.....'
~tober 11, 1989
Ann Pung-Terrwedo
216 North Fourth Street
Sti 11 water, Hi nnesota 55082
Dear Ms. Pung-Terrwedo:
This is your invitation to be a host community for the TRAM, liThe
Ri de Across ~.1i nnesota, II an offi ci a 1 event of Ce 1 ebra te Mi nnesota
1990. The TRAM 250 is an exciting five day bicycle tour across the
State of Minnesota, fromGJuly 29 to August 2, 1990.)
This border to border cycling tour will start in Ortonville, and
travel eastward to its finish in Stillwater. The route was planned
with the best of Minnesota's sights, attractive communities, heritage,
diverse cultures and tourism in mind.
We will be working to market this tour not only in Minnesota but
also regionally. This is an opportunity to join sports, communities,
and a good cause in a joint celebration of our values and pride.
It will also be a great media opportunity.
The Multiple Sclerosis Society will work closely with each community
~ coordinating this event. The MS team is excited about the possibility
~ working with you and your community to put together a great week
of cycling. You will be hearing from them soon to set up a time to
meet and discuss in more detail how to make this a mutually successful
event for all participants and communities.
If you have any questions or concerns, please contact Shelly Miller
or Mary Huss at 1-800-446-7119 or 870-1500 at the Minnesota Multiple
Sclerosis Society.
Sincerely,
~~
She 11 y ~1i 11 er
TRAM 250 Coordinator
Minnesota Multiple Sclerosis
Society
~1aureen Fl ahaven
Executive Director
Celebrate Minnesota 1990
c.c. Mayor Wallace L. Abrahamson
e
900 American Center Bldg.
-};:
150 East Kellogg Blvd.
..;~
St. Paul, Minnesota
"*
55101-1421
*
(612) 297-1990
-~
FAX (612) 296-1290
A program of the
Minnesota Department of
Trade and Economic
Development
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RANDOLPH W. PETERSON
Senator 19th District
Room 9 State Capitol Building
St. Paul, Minnesota 55155
Phone: 296-8018
and
155 Collen Street
Wyoming, Minnesota 55092
Senate
State of Minnesota
November 2, 1989
The Honorable Wally Abrahamson
Mayor, City of Stillwater
City Hall
216 N. Fourth
Stillwater, MN 55082
Dear Mayor Abrahamson:
Senator Roger Moe forwarded to me a copy of your October 23, 1989
letter to him regarding the way the City of Stillwater was divided
into two legislative districts during the redistricting process
that followed the 1980 census.
I currently chair a small committee of House and Senate members
that was created to prepare for redistricting following the 1990
census. This committee has met regularly for more than a year now
to consider miscellaneous issues that must be addressed during the
redistricting process. One of the issues that has been discussed
is the standards that will be followed when preparing a redis-
tricting plan. One of the standards that has been discussed is
keeping political subdivisions within a single legislative dis-
trict.
At this point in time, I cannot guarantee that no political subdi-
visions will be split between two or more legislative districts
when redistricting occurs, but I believe it is accurate to say
that there is a general consensus that one of the goals during re-
districting should be to keep political subdivisions within a
single legislative district if at all possible.
COMMITTEES: Education; Education Funding Division, Chair; Environment and Natural Resources;
Judiciary; Rules and Administration; Taxes and Tax Laws
s~,
Mr. Wally Abrahamson
November 2, 1989
Page 2
I cannot make any gu
dards that anyone wh
For example, there a
met with respect to
Including an entire
that district too la
tion variations. In
all political subdiv
causes a violation 0
ultimately requires
another.
e
rantee because there are a number of stan-
prepares a redistricting plan must consider.
e rather stringent requirements that must be
opulation variations among all districts.
ity within a particular district may make
ge to satisfy requirements for total popula-
that case, meeting the standard of keeping
sions within a single legislative district
another standard. The redistricting process
everal standards to be balanced against one
I appreciate your br nging the concern of your city to my atten-
tion. I hope that i will be possible to resolve the problem you
currently face when he new redistricting plan is adopted.
Sincerely,
o Jg.~}, / {1/.,.~
_~v"tdJ,-Y7f-.? .v, !.::r<J..;-,Q> LJ.(; ~
RANDOLPH W. PETERSON
State Senator
District 19
RWP/sw
cc: Senator Roger M e
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....;
illwater
~ ~
,
OF .'NUSOU
STILLWATER POLICE DEPARTMENT
DAVID MAWHORTER
Chief of Police
TO: Chief Hawhorter (I
FROM: Sgt. Beberg 'r~'
SUBJECT: Nuisance Abatement
DATE:
110789
EMERGENCY
TELEPHONE: 91
SPD Case H 89-8080
(Investigating Officer Swanson )
(Subject of Abatement James D. Meyers )
(:I~oca t ion
500 South 4th Street
)
Per my memo of 101989 there HAS NOT been any contact between Mr. Meyers and the Cit:'s
Building Inspectors. Nor did be appeal to the City Council by the dead line he was
given. We now ask that this matter be turned over to the City Council for their
action/abatement of this nuisance.....
'.
".
212 North Fourth Street, Stillwater, Minnesota 55082
Phone: 612-439-1314 or 612-4.1g.1336
e
. illwater
~ ~
'-- \~
THE IllITHnACE OF MINNESOTA . J
STILLWATER POLICE DEPARTMENT
DAVID MAWHORTER
Chief of Police
EMERGENCY
TELEPHONE: 911
SPD Case IF 89-8080
TO: Chief Mawhorter .
/I
FROM: Sgt. Beberg PL;~()
SUBJECT: Nuisance Abatement
(Investigating Officer Swanson
)
(Subject of Abatement James D. Meyers
)
DATE:
101989
(Location 500 South 4th Street
)
This one is the old church/condominiums at 4th and Pine Streets. The fire in ~his
building was on 100788 and there hasn't been anything done with it since that time.
There is also a problem with the weeds and brush growing on the property and the
whole "picture" is an eyesore. Meyers action dates are that he has to contact the
City Building Inspector by 103089 and also have the weeds and brush cut down by that
time. He has until 102389 to appeal the matter to the City Council. I will contact
the Building Inspector on 103089 to see if contact was made....
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212 North Fourth Street. Stillwater. Minnesota 55082
Phone: 612-439-1314 or 612-439-1336
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DAVID MAWHORTER
PUBLIC SAFETY DIRECTOR
POLICE CHIEF
THE BIRTHPLACE OF MINNESOTA
GORDON SE!~
FIRE CHIE:=
DEPARTMENT OF PUBLIC SAFETY
~ . \
. DIVISION OF POLICE
NOTICE OF INTENT TO ABATE A SUBSTANTIAb NUISANCE
TO: James D. Meyers
---r177-Nordic-Ave-N--------------------
===~~~1~~~~~=~==~~@2-===============
. DATE: Oct 16, 1989
-------------
'(.:)1.1 are 1 isted as the ~ OWNER __ RESPONSIBLE PARTY .:)f the property
.l.:)cated at __...?.2.2_~<::_~!~..:>..::E~=.~_______________________, in the City I:)f
-":'.7 __....St.f ~~~a~er, Wa?h ing~ory Coun~y.l. Mi n~e:.~ta~ _ '.._ :.'.-_ =::-:---____.._.____
This property is legally desc~ibed as:
See attached
-----------------------------------------------------------------~----
----------------------------------------------------------------------
----------------------------------------------------------------------
This property has a plat parcel number of:
10694-2360
---------------------------
~ An inspection or your pr~per~y was made on ___Ect_~O~_l~~____________
by the Enforcement Orficer for the City or Stillwater Department or
Public Safety. As a result or this inspection7 your property has
been found to be in violation or the City of Stillwater City Code
~38.01, Nusiances, for the following reason(s):
(1) Weeds/brush growing on property in excess of limitations set forth in
:=_____~~S?_f~~~1~~~b_i~L_~2_=::==__===:=======:===:==================::
---[Z'j--Bu:ITa"ingvacantror-peno([ in-excess-or-one-m-yearTSTncet"ireon-IUU78BT
-------i;-;.i:;;I;ti-;,;-;f"citv Code 3'8:01"(1)------ -- -.
-----------------------~----------------------------------------------
---------------------------------------------------
--------------------------------------------~-------------------------
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-------------------------------------------------------------
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----------------------------------------------------------------------
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----------------------------------------------------------------------
---------------------------------------------------------------------
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--------------------------
--------------------------------------------------------
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--------------------------------------------------------
------------------------------------------------------
(Ov.r)
212 North Fourth Street. Stillwater, Minnesota 55082
Police Phone: 612.439-1314 or 612.439-1336
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You are hereby advised that you must take the following steps to
abate the nuisance(s) listed in this notice by no later than the
following date;
(
Oct 31, 1989
STEPS TO BE TAKEN:
(1) Eradicate all weeds/brush on property and maintain so as not to exceed
=========~~s=[~=1~~€=~~i€~===========================================
-----(2)--Make-contact-wIth-city0 fSt1.1Iwa"fer-Bu:ClaInguispector-fQ-oocarn-------
---------necessaryperm:r~-forexpected-repa~rs-ana-correctrons-tna~-mu~De-----
=========;~~e=~Q=~~=~~U~inK=~=2~~S=~~=~~~~=~h~=~~~~E~~~=================
----------------------------------------------------------------------
- '
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----------------------------------------------------------------------
----------------------------------------------------------------------
.... -. 6
----------------------------------------------------------------------
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(
----------~-----------------------------------------------------------
----------------------------------------------------------------------
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----------------------------------------------------------------------
You are further advised that you have the right to appeal this order
an~ not ice to the Ci ty COI.Jnci 1. I f you wish t.:) d.;:. so, yo',.! rn'lst fi Ie
a written request with the city clerk-no later than __~~~~~}~~_~~~__.
> J: ) ,
IF YOU FAIL TO TAKE ORDERED REMEDIAL ACTION, BY __~~~]~~_~~8~_______,
THE MATTER "WILL BE REFERRED:TO THE CITY. COUNCIL WHO, . AFTER A PUBLIC
HEARING, MAY ORDER THE CITY TO ABATE THE_NUISANCE(S) AND CHARGE ALL
COSTS INCURRED AGAINST THE REAL ESTATE AS A SPECIAL ASSESSMENT TO BE
COLLECTED IN THE SAME MANNER AS TAXES. YOU ARE ALSO ADVISED THAT
FAILURE TO ABATE THE NUISANCE ON YOUR PART MAY RESULT IN MISDEMEANOR
CHARGES BEING FILED AGAINST YOU.
By Order of
" /)'
BY;;.' , (
,/l /t-J.:~:-j'<!7E:::::.:.'!.':.-:.._~"!.:.o-r-
DepartMent of Public Safety
David Mawhorter
.Public SaFety Director
e
NUS_02
824 South Greeley ST.
7 November 1989
Stillwater, Minnesota 55 082
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SUBJECT: Living Costs
TO: \P1.L. ABRAHAr1S0ij HAYOR, CITY OF STILUV"ATER, HINNESOTA
DEAR HAYOR ABRAEANSON:
Hotivation for this letter lies in the receipt of the utility statement I received
on or about 4 November 1989 and emanating from the city of Stillwater, Hinnesota.
Hr. Hayor, this statement reflects a se\V"er charge of $39.00 and a refuse charge of
$33.75 both of which are for the 4th quarter of 1989. While these charges may
include discounts due to my age, these charges, in my opinion, are excessive.
To the best of my knowledge and belief, about 6000 gallons are used by myself
during each quarter. The refuse pickup is less than five gallons for one week.
This means that the charge amount is roughly $3.00 for each refuse pickup --ex-
tremely high!
Now then, it is the oplnlon of our governing bodies that we can look forward to
substantial increases in the items mentioned above plus still more in the form of
electricity, income taxes, property taxesto include school costs, and many more.
I admit that I am old! I admit that I hav~paid the taxes and assessments which I
hav.e been confronted withl I admit that my income has gone down while my cost of
living has increasedl I admit that I cannot perform today as \.vas the case twenty
or more years agol I, also, admit that I participated as a combatant in both the
European and Korean theaters of operationl
e
Apparently we elders have served a purpose and now that He are old, there is no
further need for our being here except to pay exhorbitant taxes and other service
charges. Then to turn our homes over to other local, state or federal agencies
for their disposition.
I could go on and on citing what I believe to be unfair and ruthless charges
against the elderly and some others. But I will contain myself for the time
being. However, I will say there is dmnned little consideration extended to those
elderly people who were, and still are, the backbone of our community, state and
country. Thus far, the philosophy of our governing bodies appears to be tlget all
possible from the elderly and to hell with them after thattl. There is actually:
no evidence which points to a decrease of our living expenses.
Cordially submitted as an expression as to how lIas a citizen/view the present
conditions.
'rhan~ you
l
../
~ /2~ir'-~:- ~
'-.:/' . 1,..,-~~
G. P. KASKE
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November 1, 1989
Mayor Wally Abrahamson
Stillwater City'Hall
216 N. 4th St.
Stillwater, ~~ 55082
Dear Mayor Abrahamson:
This letter is to let you and the Stillwater City Council know of our concern
over the fire-damaged church/apartment property at the corner of West Pine and
South Fourth streets. As nearby property owners, we are most anxious to see
something done with the building which we consider a safety hazard and an
eyesore to our neighborhood and to the city as a whole.
Our main safety concern is with motorist visibility at the intersection. The
building greatly reduces the visibility of those stopped at the Pine Street
stop sign. The overgrown shrubs and trees on the Fourth Street side compound
the problem. In addition, the property makes it even more difficult for those
of us south of Pine to back out onto Fourth Street, as already we must contend
with excessive speed and "rolling stops" at that intersection.
e
Aside from other obvious safety and health problems that the fire-damaged
property presents (a temptation for children playing, the possibility of
falling debris, a breeding grounds for rodents, pigeons and other pests), the
property's visual impact, especially on the many visitors who corne to this
part of town, also disturbs us. We don't feel the decaying condition of such
a visible piece of property or the delay in its cleanup leaves a very
favorable impression on those such as Governor Perpich who was in. the area
last Friday or even the many "trolley" patrons who receive an "up close and
personal" view each time the trolley stops in front of the building.
While we don't know at this point what power the city has over the property,
we are simply asking you and the council to do whatever you can to facilitate
the demolition and cleanup. And if there is anything area property owners can
do to speed up the process, please do let us know.
Thank you very much for your attention.
Sincerely,
Carol De\-Jolf
~~
{jJJ 4liU
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518 S. 4th St.
Stillwater,}fr~ 55082
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City Council Members
10/31/89
We, the neighbors of the ex-church, ex-storage buildin~, ex-
condominium, and now unsightly, fire-dama~ed nuisance at the corner
of So.4th St. and West Pine st., have been reasonably patient with
and tolerant of it over the years. However, now that it has no
useful future we strongly urge you to take all action necessary to
remove it.
We will oppose any proposal to restore it, which would be
unlikely. We will oppose any proposal to rebuild on that property
which would require a like number and nature of variences granted
to the restoration efforts of the original building.
On the grounds that this building is a nuisance, a public
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dan~er, is unkempt and a detriment to our real estate values, we
request that it's case be discussed at the next possible council
meeting.
Respectfully,
,...// ./n, t? ,_ _ .;2/5 tv. p;,.tP -51-
.Ld?U1~ //Le6 ~i 4. Jt-
Ek V- Ka:l-h s.'L !fOe:,::;.?( ,
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SRW,INC
THRESHER SQUARE
DATE: October 23, 1989
TO: Sharon Klumpp
Mark Lenz
Pat Morrisson
v'Nile Kriesel
LaVonne Wilson
FROM: Larry Bousquet
Doug Moore
700 THIRD STREET SOUTH
MINNEAPOLIS, MINNESOTA 55415
SUBJECT: Light Rail Transit Meeting
PLANNING
TRANSPORTATION
ENGINEERING
URBAN DESIGN
PHONE 612/370-0700 FAX 612/370-1378
MEMORANDUM
The meeting to review the Light Rail Transit (LRT) alignment analysis through
your jurisdiction will be held:
Thursday, November 16, 1989
9:00 A.M..
Lake Elmo City Hall
The WCRRA would like your input on potential routes and park-and-ride locations.
1.8/jk.f
MINNEAPOLIS
DENVER
PHOENIX
TUCSON
SRW 2/89m-5
~O;,
ST. PETERSBURG "\ >$l
I}
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DAVID T. MAGNUSON
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ATIORNEY AT LAW
SUITE #203
THE GRAND GARAGE & GALLERY
324 SOUTH MAIN STREET
STILLWATER, MINNESOTA 55082
(612) 439-9464
October 19, 1989
Richard C. Ilkka
Mr. Nile Kriesel
City Coordinator
216 North Fourth street
Stillwater, MN 55082
Re: Fairmeadows Sewer Claims
Dear Nile:
Enclosed is correspondence I received from Greg Smith in regard
to our Fairmeadows sewer claims. It seems to me that they are
being very unreasonable with us and Bob McGarry is going to see
if he can help change their mind.
e Meanwhile, I have been trying to figure out a way around the "per
claim" provisions of our insurance coverage and I am, frankly,
stumped.
We should get together shortly to discuss all aspects of this
claim.
Very truly yours,
DAVID T. MAGNUSON
~
David T. Magnuson
Stillwater City Attorney
DTM:kn
Enclosure
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--~,.~
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GAB Business Services tnc
380 Lafayette Freeway Road Suite 118
POBox 7007
St. Paul Minnesota 55107
Telephone 612-292-1234
Branch Office
October 6, 1989
Magnuson & Dieperink
Attorneys at Law
The Grand Garage and Gallery
324 South Main St.
Sti llwater, MN 55082
8!!~D!iQD~__Q2~ig_~2gD~~QD
Dear Mr. Magnuson:
GAB FILE NO: 56542-07083
TRUST MEMBER: CITY OF STILLWATER
CLAIMANT: VOLLSTEDT, CARL ET AL
QLb~__ll=~Z=~~_____________________
Please let this letter serve as our explanation as to
certain decisions that we have made regarding our
handling of the above captioned file.
First of all, as you will see, I have enclosed, a copy
of the Municipal General Liability Declarations page
from the League of Minnesota Cities Insurance Trust (LMCIT)
which affords liability coverage to the City.
As you will see by the Endorsement GL0300 that we enclosed,
the City was given the option of either purchasing this
insurance with a deductible which would be applied per
claim or per occurrence. As you can see the City chose
to purchase the coverage with the deductible that applies
per each claim. This coverage was purchased in this
manner strictly at the City's option.
When this deductible clause is applied to the particular
claims in question, you will see that six of the eight
claims fall below the City's deductible and therefore,
the LMCIT would not be required to make any contribution
to those settlements. The remaining two claims we had
one by Mr. Dan Cunningham totalling $6,637.10 and one
by Mr. & Mrs. Howard Jacoby totalling $7,472.92. Therefore,
when combined, these two claim settlements would leave a
total of $4,110.02 for the insurance company to afford
coverage. This, however, presents a second problem. In
reviewing the documentation involved in settling these
claims it would appear that the City took no notice of either
depreciation or betterment when reaching the settlements with
the various claimants. In a situation such as this, it
would be customary for the insurance company or whoever in
fact has agreed to honor a liability claim to pay the
claimant only actual cash value and there, again, only for
56542-07083
- 2 -
10-06-89
e
items actuaLLy damaged by the insured party. In the
instances of the Cunningham and Jacoby cLaims it is
our opinion that had we been aLLowed to properLy
evaLuate the cLaims, before any payment had been made,
we wouLd have been abLe to properLy depreciate them
down to a fair and reasonabLe doLLar amount which may
weLL have faLLen beLow the City's $5,000.00 deductibLe
but wouLd have in any case constituted Less of an
expense than that which you are being asked to be
reimbursed for. Keeping that in mind, as a means of
an equitabLe soLution to the probLem, we wouLd be wiLLing
to offer the City 50% or $2,055.01 of that amount which
feLL over the City's deductibLe. In Light of our previous
expLanation, we feeL that this is a fair and reasonabLe
offer.
LastLy, and perhaps most importantLy, we wouLd ask that in
the future, when the City does not agree with the decision
that we have made, that they contact us so that we can
either offer an expLanation to them as to why a certain
decision was made or perhaps even provide with additionaL
information that may cause us to rethink our originaL
decision.
e
PLease forward our offer of $2,055.01 to the City and
we will await their response. If I can offer any further
assistance or if the City would Like anything explained
further, pLease feel free to contact me at 292-1234.
Since~~,;~ I
~. Sm; th
Adjuster
GHS:kar
EncL.
CC: McGarry - Kearney Agency
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Covenant Number:
l\1unicipal General Liability Declarations
CO\'erage is Provided by:
THE LEAGUE OF MINNESOTA CITIES
INSURANCE TRUST
(Herein called LMCIT)
- ITiJIS
ii:
__A .
CMC - 9844-90
Item 1.
Item 2.
Item 3.
Item 4.
Item 5.
Item 6.
Item 7.
League of Minnesota Cities
CITY: S till wa ter
Claillls- Made
COVERAGE PERIOD:
Year(s)
From:
To:
12:01 A.M. Standard Timc at
Mailing Address Indicated on
Common Coverage Declara-
tions
THE COVERED PARTY IS:
_ City _ Joint Powers Entity Other (Describe)
LIMITS OF COVERAGE:
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS
OF THIS COVENANT, LMCIT AGREES WITH YOU TO PROVIDE THE COVERAGE AS
STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS:
EACH OCCURRENCE LIMIT S6OO.000
PRODUCrs CO~PLETED OPERATIONS AI\'r\UAL AGGREGATE LIMIT S6OO.COO
FtRE DAMAGE LIMIT S 50.000
MEDICAL EXPE~SE LIMIT S 1.000/S10,000 occurrence aggreg:lle
LIMITED POLLtJI10;'l: LlAOILITY . S6OO.COO per "sudden occurrence"/S600,OOO
annual aggregate
. Limil includes loss, loss adjuslment expense, and legal defense costs.
GENERAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible, if any,
shown on Common Dcclarations)
BODILY INJURY AND PROPERTY DAMAGE: $ PER OCCURRENCE
OR
PROPERTY DAMAGE (ONLY): $250 Per Claim or Pcr Endorsement
OR
OTHER: $5.000. Property Damaqe(only) Per Claim
RETROACTIVE DATE:
1/1/87
LIMITED POLLUTION LIABILITY RETROACTIVE DATE:
COVERAGES A AND C (CLAIMS MADE BASIS) OF THIS COVENANT DO NOT APPLY TO
BODILY INJURY, PROPERTY DAMAGE, OR PERSONAL INJURY OFFENSES WHICH OC-
CURRED BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE.
ENDORSEMENTS ATIACHED TO THIS COVERAGE PART:
MGL-l(II/86), GL0300, EBPL, MEOI3(11/86), ME032(11/86)
4A-at:.
Exec 'c Director, LMCIT
LMCIT DEC-OB (11-86) (Rev. 11-88)
Administcred by: North Star Risk Scrvices, Inc.
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GL 03 00
(Ed. 07 66)
This endo'rsementlorms a part of the policy to which attached, effecltve on the Incephon date of the polIcy unless otherwise staled herein,
(The followinr information is required only when this endorsement is issued subsequenlto preparation of policy.)
Endorsement effechve Policy No, Endorsement No,
Named Insured
Additional Premium S Countersigned by
(AuthOrIZed Representative)
ThIs endorsement modifies such Insurance as is afforded by the prOVISions of the pohcy relatIng to the follOWing.
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE
OWNERS. LANDLORDS AND TENANTS LIABILITY INSURANCE
SMP LIABILITY INSURANCE
DEDUCTIBLE LIABILITY INSURANCE
It is agreed that:
1. The company's oblrgalion under the Bodily Injury liability and Property Damage liability Coverages to pay damares on behalf of the insured applies
only to the amount of damares In excess of any deductlbl~ amCJunts stated in the schedule below as applicabl~ to such coverage~.
2. The deductible amounts stated In the schedule apply as follows:
(a) PER CLAIM BASIS-If the deductible is on a "per claim" basis. the deductible amount applies under the Bodily Injury liability or Property
Damage liabllrty Coverage, respectively. to 311 damares because of bodily injury sustained by one person. or to all property damare sustained
by one person or organization. as the result of anyone occurrence.
(b) PER OCCURRENCE BASIS-If the deductible IS on a "per occurrence" baSIS, the deductible amount applies under the Bodily Injury LlaJllity
or Property Damage liability Coverage, respectively. 10 all damares because of all bodily injury or properly damare as the result of anyone
occurrence, '
3. The terrr:s of th~ p:Jlicy, Including those With r~spect to (3) the company's rights and dulies With respect 10 the defense of SUitS and (b) the insured's
duties In the even: of an occurrence ap~ly Irrespeclive of the applicalion of the d~ductlble amount
4, The company may pay any pa~t or all of the deductible amount to effect settlement of any claim or suit and. upon notlftcation of the action taken.
the named insured shall promptly reimburse the company for such part of the deductible amount as has been paid by the company
SCHEDULE
Coverage
Bodily Injury liability
Amount and Basis of Deductible
S per claim
S per occurrence
S $5,000. per cla!m
S ~k~~X~~~
If no IlmltatlOr. IS e~tered, the deduclibles apply to
Property Damare liabilIty
APPLICATION OF ENDORSFMENT iEnter here any limItations on the application of thiS endorsement
all loss howeve~ ca;J5ed)'-
GL 03 00 07 66
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~"il'.."'<'__.' . ( ;1'.1~1, .,:1
i .:J .~') "",..:.Ll .......~,..il
Legislation establishing a statewide waste
reduction and recycling program was passed by
the Minnesota Legislature on September 29 and
enacted into law October 3, 1989. Based on
recommendations developed by Governor
Perpich's Select Committee on Recycling and
the Environment (SCORE), the legislation
.il'C$ tI\atco.untic!$ir1Greater Minnesotaj
~,.~<If tbei.r setid waste
.... < .. . 'in. the'1\Yin .
.. '.':'!" ".. - - ---,'
.;,~ ~t. .least 35
"~.~taR $
.40. percest.
To fund programs needed to meet these goals,
the SCORE legislation will raise an estimated
530 million during the remainder of the
biennium (about 520 million per year) by
~ .' ,_,_,';i~~i<?I1~~Sll~tto
~,.nt sates tax;~ective ~
1,ltb...,;1: 1990.~ About 75 percent of the
revenue will be distributed to counties, and 25
percent will go to state agencies. Some of the
state agency funding will be available to
counties and private companies as grants and
loans.
How much money will each county
receive?
The Legislature has appropriated 522,281,000 to
eounties and 57,687,000 to state agencies for
fiscal years 1990-91. The Office of Waste
Management (OWM) will distribute the funds
to counties according to a formula based on
population. Each county will receive a
minimum of S82,500 (S27,500 the first year and
S55,000 the second year).
If revenue from the tax exceeds the projected
total of 529,968,000, the excess. up to 55
million, will be distributed to county/state
recipients using the same 75 percent!25 percent
ratio. Excess revenue must be distributed so
~
~ October 1989
SCORE Waste Reduction
and Recycling Legislation
Impact on Counties
that each county receives at least 50 percent of
the revenue generated in that county by the tax.
If revenue falls short of the projected amount,
75 percent of the deficiency will be withheld
from counties (although counties would still
receive the 582,500 minimum).
Each county must provide matching funds of 25
percent the amount received from the OWM.
The SCORE legislation grants counties
authority to use a special levy to raise matching
funds.
How will the money be collected?
A county or other political subdivision must pay
the tax if it provides or contracts for collection
or dis osal seryt~es. (,..
t
For citizens or businesses that haul their own
waste to a solid waste disposal facility, the tax
will apply to the disposal charge or tipping fee.
For what purposes can the money
be used?
The money a county receives under the SCORE
legislation may be spent only on solid waste
management programs that:
*
reduce waste,
recycle the maximum amount of solid waste
technically feasible,
develop markets for recycled materials,
remove problem materials from the waste
stream and develop proper disposal options.
inform and educate the public about proper
solid waste management practices,
*
*
*
*
(continued on other side)
* provide technical assistance tn p blic and private
entities to ensure proper SOl.,.!. aste management,
and
* provide educational, technical, a d financial
assistance to prevent litter.
What must a county do to ceive SCORE
legislation funding?
Prior to receiving funds, a county m st create a separate
account in its general fund to credit the money provided
hv the SCORE legislation and set u accounting
p'rocedures to make sure the money is spent only for
the purposes listed above.
In each following year, the county
* have a solid waste management Ian in place that
includes a recycling implementat on strategy and a
household hazardous waste man gement plan,
'" submit a report to the OWM b August 1 of each
year detailing how the money w s spent and what
results were achieved, and
* show that 25 percent in local m tching funds will be
spent for purposes listed above.
What are counties required 0 do under
the SCORE legislation?
'" Bv October 4, 1990, each county must amend its
s~lid waste management plan to include a recycling
plan that takes into account the new r~cycling g.oals.
Within one year following appro al of its recychng
plan by the OWM, the county ust submit a local
recycling implementation strate .
* By October 4, 1990, each county must amend its
solid waste management plan to include a
household hazardous waste man gement plan that
addresses public education, redu tion of household
hazardous waste, and separation of household
hazardous waste from mixed mu icipal solid waste.
The plans must be implemented by June 30, 1992.
* By OctO~ 1, 1990, counties m st ensure that
citizens have an opportunity to ecycle:
- Each county must have at leas one recycling
center and provide for the recycling of problem
materials and major appliances. Each county must
inform its citizens on how, when and where
materials can be recycled.
- Eactl.~ty wit,il apopUl&tion of S.~OOO or mOfQ
must..vecu,bside.piekup,cent lized c1rop-off, Of
a locaf~~ng center for at I 8t four kinds or
recYclable materials.
- :each city io.preater Minne50taMth a. P<:'pu~t~o. .$
of 20.000 or more and each city in the Twm Cltles \
metropolitan area with a population of 5,000 or
more must have at least monthly furbSide PJc~p. e
* By June 30, 1992, each county in the metropolitan
area must establish a household hazardous waste
management program that includes at least quarterly
collection.
* Working either alone or with other counties, each
county must ensure that materials separated for
recycling are transported to markets for sale or to
processing centers.
* UcensiAf'fs required; forcqUector5ofmixed'~
municipal solid. _s~e.Vot_e. Ofwei&ht-b~ .
pricinl' recauke4(Otl~ Citie&;~.$lCS}owns
haveauthofily. to ,issue . liCe... .Q)unt.!CS~t
aoopt~heJicensill~~dlOrity of cities. and ..t~.
that donot'isstte licenses.
* A political subdivision that provides or pays for
solid waste collection or disposal must report the
cost as a separate item on tax statements.
Other provisions in the SCORE legislation
*
Counties have authority to establish incentives to
recycle, for example, by requiring collectors to use
volume-based pricing or provide incentives to
customers who separate their recyclable materials.
e
*
A countv that delegates any of its responsibilities
for solid waste management to another unit of
government must establish a mechanism to provide
adequate funding for the responsibility delegated.
*
Counties, townships, and cities have authority to
prohibit the unlawful dumping of solid waste and
require landowners responsible for unlawful
dumping to clean up or be charged for clean-up.
*
11le. diSposal..fi(~~i""
~. fatJitieS;:f)~.. ,
'11111.,1990. . The OWM will submit a report on
the management of major appliances to the
Legislative Commission on Waste Management by
July 15, 1990.
.lit}
11
*
By .1991. in the Twin . CitieSmetropal~~."".~1",
1993 in Greater Mjnnesot~ state. and~l'\i' ......
government buil4ings~.nd ~ ,,~~,
contai:JleJ's to eot_ aRd .. .
c:eRt'eqal teast>$tee r . Is;'
.
(continued on next page)
i'
Poli.ital ~bdivisions,. educational
institutions, and other public agencies mUSt
a ,.reQWlt .pr~~ces
t ... .....~ redJ,1ctipof/
r ....thO~.~t of marketS
W tRatuis aDd compost
OWM assistance
..
To assist counties in Greater Minnesota in
meeting recycling goals, the OWM will establish
interim goals and monitor progress. If a county
has difficulty making progress, the OWM will
assist in developing and implementing solid
waste management techniques to help meet the
goal. The Metropolitan Council will establish
goals and monitor the progress of metropolitan-
area counties.
In addition to the OWM's existing technical and
financial resources, the SCORE legislation
provides the following resources:
..
technical assistance to help counties
implement recycling programs and develop
informational materials for counties to use
in promoting recycling;
..
$2.4 million to provide technical and
financial assistance for projects that develop
markets or end uses for recyclable materials;
..
$750,000 to develop a statewide waste
education campaign and school curricula,
provide grants for developing and
distributing waste education materials, and
provide grants to educational institutions to
help reduce and recycle their wastes;
..
$525,000 to provide public education,
technical assistance, and grants to support
waste reduction;
..
$150,000 in grants for counties that have
included in their solid waste management
plans programs to prevent, control, or abate
litter; and
..
funding for the OWM's Solid Waste
Reduction and Separation (LOW-TECH)
Grants Program (funding had been
exhausted).
1\
.....
In addition, the OWM will:
..
identify problem materials and develop a
plan to separate, collect, and transport them
for processing or disposal;
..
work with other state agencies, local
governments, and industry representatives to
develop household battery management
programs that could include grants to
counties, collection and transportation
systems, public information, and market
development; and
..
conduct a study on plastics that includes
current and future uses, impacts on waste
processing technologies, composition,
opportunities for reduction and recycling,
and market development.
Other state assistance
..
The MPCA will expand its household
hazardous waste management collection
program statewide, establishing permanent
collection sites and providing public
information and technical assistance.
..
The MPCA will develop a safety and
development guide for operating recycling
and yard waste composting facilities.
*
The State Planning Agency will develop
model zoning criteria for siting recycling
centers.
*
The Department of Transportation will
design, manufacture, and make available for
purchase highway signs for placement at
recycling centers designated by the MPCA
To be designated a recycling center, it must
be open at least 12 hours a week year-
round and accept at least four different
materials.
*
The Department of Administration will give
preference to recycled and recyclable
materials in purchasing, develop model
waste reduction procurement programs, and
establish a cooperative purchasing program
that includes local units of government.
For more information . . .
This is not a comprehensive summary of the
legislation. For a complete copy of the bill,
contact the OWM at (612) 649-5750, or call
toll-free, 1-SOO-652-97~7.
::..ir....ed ,-,n ;;':'C'.:: ..,-~ ,::l;'lcer