HomeMy WebLinkAbout1989-12-19 CC Packet
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AGENDA
STILLWATER CITY COUNCIL
December 19, 1989
SPECIAL MEETING
REGULAR MEETING
4:30 P.M.
7:00 P.M.
4:30 P.M. AGENDA
1. Discussion with Junker Sanitation.
7:00 P.M. AGENDA
CALL TO ORDER
I NVOCA TI ON
ROLL CALL
~APPROVAL OF MINUTES - Regular & Recessed Meetings - December 5, 1989
/INDIVIDUALS, DELEGATIONS & COMMENDATIONS
, 1. American Legion - Request for second gambling operation (Harbor Bar,
Owens St.)
vI2. Doug Belton, Brainstorm Productions - Request for use of two City Parking
Spaces in Reeds Parking Lot.
~UBLIC HEARINGS
1. This is the day and time for the public hearing on the proposed transfer
of liquor license for Semper Holdings, Inc. (Howard B. Bergerud and G.
Craig Christensen) for restaurant/bar facility, 102 No. Second St. (Lowell
Inn).
Notice of the. hearing was published in the Stillwater Gazette on
December 14, 1989 and mailed to affected property owners.
~TAFF REPORTS
UNFINISHED BUSINESS
11. Appointment of Bob Barthol & Paul Glaser to position of Captain in Fire
Dept.
/2.
h.
/4.
Report regarding Implementation of Downtown Parking Program and Budget.
Notification of State Grant approval for purchase of land at Mulberry
Point.
Possible second reading of an Ordinance Amendment to include the Krogstad
property on the zoning map.
J 5.
j 6. Review of Final 1990 Budget.
jf a. Resolution amending 1990 General Fund Budget.
b. Resolution adopting 1990 Parking Fund Budget.
J c. 1990 Capital Outlay.
Possible discussion of Sidewalk Snow Removal Bid.
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Appointments/Reappoi tments to Various Boards and Commissions.
Appointment of Parki g Enforcement Officer.
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BUSINESS
Request for Lot Line Adjustment, Resubdivision, for property located at
324 Hazel St., Norvi L. Swager, Applicant. Case No. SUB/89-80.
Request for Lot Line Adjustment, Resubdivision, for property located at
1417 West Pine St., teve Russell, Applicant. Case No. SUB/89-81.
Request for Tax Incr ment Assistance for Development along North Main St.
Possible Award of Ja itorial Service Contract.
Designation of Legal City Newspaper for 1990.
Appoint McGladrey & ullen as Auditors for 1989 Audit.
Designation of 1990 epositories.
PETITIONS, INDIVIDUALS & DELEGATIONS (Continued)
CONSENT AGENDA
1. Resolution Directing Payment of Bills (Resolution No. 8215)
2. Applications (List t be supplied at meeting).
3. Brenda Garske, Claim Against the City for damage to vehicle by City Sand
Truck.
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4. Carol Horne & Michae J. Hanley, Notice of Possible Claim, injury to
individual and damag to truck near Stillwater Bridge.
5. Appointment of City oordinator as AMM Legislative Contact Person.
6. Set Public Hearing D te of January 2, 1990 for the following Planning
Cases:
a. Case No. SUP/89- 6 - Special Use Permit Request to convert an existing
1st floor meat m rket into a bar & conversion of 3rd floor bar into
banquet faciliti s at 219 So. Main St. in CBD, Central Business Dist.,
Brine's Meat Mar et, Applicant.
b. Case No. SV/89-7 - Street Vacation Request for whole portion of
Linden St. east f No. Main St. & west of Burlington Northern RR
right-of-way in he CBD, Central Business Dist., Mark & Gloria Desch,
Applicants.
c. Case No. SUP/89- 8 - Special Use Permit Request for construction of
retail/manufactu ing/office building on northwest corner of Curve
Crest Blvd. & Wa hington Ave. in IP-I, Industrial Pk. Dist., Curve
Crest Properties Applicant.
d. Case No. SUB/89- 9 - Preliminary Plat Approval for subdivision of 8.7
acre parcel into 5 lots on northwest corner of Curve Crest Blvd. &
Washington Ave. nIP-I, Industrial Pk. Dist., Curve Crest Properties,
Applicant. ~
COUNCIL REQUEST ITEMS
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STAFF REPORTS (Continued)
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~OMMUNICATIONS/REQUESTS
1. DNR Summons & Complaint
12.
/3.
regarding Rousseau House.
Comments from Town of St. Joseph regarding use of Stillwater Beach for
wedding in summer of 1990.
Bob Kondrasuk, invitation to City to participate in Earth Week, April,
1990.
4. Public Informational Meeting - Proposed Water Well Ordinance.
5. AMM Various Concerns.
6. Lily Lake Improvement Project, Clean Water Partnership Application.
7. Marge Peterson - Appreciation to City Crews.
QUESTIONS/COMMENTS FROM NEWS MEDIA
ADJOURNMENT
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ORDINANCE NO. 696
ORDINANCE AMENDING STILLWATER CITY CODE
GARBAGE AND RUBBISH
CHAPTER 30, SUBDIVISION 8
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
Section 1. Amending. Section 30.01, Sub. 8 of the Stillwater City Code is
amended to hereafter read as follows:
Subd. 8 FEES.
Effective
April 1, '1989
(1) Per dwelling unit
$14.65 per month
(2) In dwelling units where not more than two (2) people reside and in
which the male head of household is over 65, the female head of
household is over 62 or either is retired by virtue of permanent
disability, regardless of age, the head of household may so certify
to the City Clerk and the fees shall thereafter be as follows:
Effective
April 1, 1989
$11.25 per month
(3) Waiver of Fees.
(a) RELIEF FOR SENIOR CITIZENS. From and after the adoption of this
ordinance, the City Council of the City of Stillwater may, in
its discretion, waive the payment of any charges for garbage
collection when, in its discretion, it determines by a
three-fifths vote of the Council that a person qualifies under
Chapter 30.01, Subd. 8, Subsection 2 and that payment of the
charge would be a hardship.
(b) APPLICATION FOR RELIEF. Senior citizens seeking such relief
shall make application for the same on a form prescribed by the
City Clerk, setting forth applicant's income and assets at the
time of the making of the application.
(c) TERMINATION OF RELIEF. Relief granted hereunder shall terminate
upon the occurrence of any of the following events: (a) the
death of the senior citizen provided that the spouse is
otherwise not eligible for the relief hereunder; or (b) if for
any reason the City Council shall determine that there would be
no hardship to require payment.
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REGULAR MEETING
STILLWATER CITY COUNCIL
MINUTES
December 5, 1989
4:30 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
Comm. Dev. Director Russell
Finance Director Deblon
Public Safety Director Mawhorter
Public Works Director Junker
Fire Chief Seim
Parks Director Blekum
Recording Secretary Schaubach
Press: Mike Marsnik, Stillwater Gazette
Julie Kink, st. Croix Valley Press
Others:
Scott Renne, Washington County Assessor
INDIVIDUALS & DELEGATIONS
Scott Renne, Washington County Assessor, met with Council to
discuss changes to the Property Tax System.
STAFF REPORTS
1. Public Safety
Motion by Counci1member Farrell, seconded by Councilmember
Opheim to approve the Public Safety Director's request to
advertise for part-time police officers. (All in favor)
Motion by Councilmember Farrell, seconded by Councilmember Opheim
to adopt the appropriate Resolution appointing Doug Swanson to
the position of Juvenile Liaison Officer effective December 18,
1989. (Resolution No. 8211)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and
Mayor Abrahamson
Nays - None
2. Public Works -
Motion by Councilmember Farrell, seconded by Councilmember Opheim
to adopt the appropriate Resolution permanently employing Rick
Nordquist in the Department of Public Works. (Resolution No. 8212)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, opheim, and
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stillwater City Co ncil Minutes
Regular Meeting
December 5, 1989
Mayor
Nays - None
Motion
Farrell
purchase
favor)
by member Bodlovick, seconded by Councilmember
to appro e the request by the Public Works Director to
a new san er at the approximate cost of $1700. (All in
Farrell, seconded by Councilmember Opheim
uest by the Community Development Director to
k for $250 for the Assistant Planner. (All in
3. Comm.
Motion by Councilm
to approve the re
purchase a new de
favor)
Motion by
Bodlovick to acce
site located east
land for sale to
of sale to be the
Farrell, seconded by Councilmember
t the appraisal of $62,200 for the 2.59 acre
of the sewer treatment plant; and to offer the
he state for the appraised value with all cost
esponsibility of the state. (All in favor)
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4. Parks and
Motion by
Opheim to
Stellrecht,
supervisors
m~mber Bodlovick, seconded by Councilmember
the appropriate Resolution employing David
Hehir, and Martin Frazer as warming house
corning skating season. (Resolution No. 8207)
Ayes - Councilmemb
Mayor Abrah
Nays - None
Farrell, Kimble, Opheim, and
Motion by
Farrell to approv
Lot adjacent to
August 2, 1989, fr
member Bodlovick, seconded ~ by Councilmember
use of Lowell Park and the'Municipal Parking
he park for the TRAM 250 event on Thursday,
m 7 a.m. to 4 p.m. (All in favor)
5. Consult in
Motion by Councilm mber Kimble, seconded by Councilmember Farrell
to approve dredg"ng and fill for the detention basin located
west of Maryknoll Drive, and to direct .Consulting Engineer Moore
to forward a revie /comment letter to the DNR. (All in favor)
6. Fire Chief -
Motion by Counci member Bodlovick, seconded by Councilmember
Opheim to approve the Fire Chief's request to purchase two new
beds for the dorm"tory in the Fire Hall at a cost of $680. (All
in favor)
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stillwater City Council Minutes
Regular Meeting
December 5, 1989
Fire Chief Seim discussed the options regarding Appendix E
(sprinkler code) of the Minnesota state Building Code.
Council directed the City Attorney to prepare a draft of an
ordinance for Council's review at the next meeting.
7. City Attorney -
City Attorney Magnuson discussed a request to construct a
driveway on a portion of unimproved N. 3rd st., off Hazel
st., for a single family lot.
Motion by Councilmember Kimble, seconded by Councilmember
Bodlovick to consider the request as a variance and to direct the
property owners to file an application through the proper
channels; and to grant a license to construct a driveway on City
property once the variance has been approved. (All in favor)
Motion by Councilmember Kimble, seconded by Councilmember Farrell
to rescind the license granted at the meeting on Nov. 21, 1989 to
construct a driveway on City property. (Ayes - 4; Nays - I,
Councilmember Opheim)
8. City Coordinator -
Motion by Councilmember Bodlovick, seconded by Councilmember
Farrell to open the single bid received from Asphalt Specialities
Co. for sidewalk snow removal. (All in favor)
Council delayed taking action on the bid until the next
meeting.
Motion by Councilmember Bodlovick, seconded by Councilmember
Farrell to approve the advertising for bids for janitorial
service. (All in favor)
Motion by Councilmember Bodlovick,
Farrell to approve the advertising
maintenance service. (All in favor)
seconded by Councilmember
for bids for mechanical
Council directed the City Coordinator to close the old
landfill site after December 31, 1989 for the dumping of
brush and tree limbs.
Council scheduled a meeting with Jim Junker of Junker
Sanitation for 4:30 p.m., Tuesday, December 19, 1989.
RECESS
Motion by Councilmember Bodlovick, seconded by Councilmember
Opheim to recess the meeting at 5:50 p.m. (All in favor)
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stillwater City Council Minutes
Regular Meeting
December 5, 1989
Resolutions:
No. 8211 - Appointing Doug Swanson as Juvenile Liason Officer
No. 8212 - Employing Rick Nordquist in the Public Works Dept.
No. 8207 - Employ! g D. Stellrecht, B. Hehir, and M. Frazer as
warmin house supervisors
ATTEST:
MAYOR
CI Y CLERK
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RECESSED MEETING
STILLWATER CITY COUNCIL
MINUTES
December 5, 1989
7:00 p.m.
The meeting was called to order by Mayor Abrahamson.
Recording Secretary Schaubach gave the Invocation.
Present:
Councilmembers Bodlovick, Farrell, Kimble, Opheim
and Mayor Abrahamson
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Comm. Dev. Director Russell
Consulting Engineer Moore
Public Safety Director Mawhorter
Fire Chief Seim
Parks Director Blekum
Public Works Director Junker
Planning Commission Chairman Fontaine
Recording Secretary Schaubach
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Press:
Mike Marsnik, Stillwater Gazette
Julie Kink, st. Croix Valley Press
Others:
Bob Kondrasuk, Terri Rossi, Gary Funke, Bill
Hooley, Larry Lappi, Tom Thomsen, Dennis
Sullivan, Tom Lillesby, Stella Casanova, Phil
Barbatsis, Karl Ranum, Clayton Patterson, Paul
Simonet, Dan Woodbury, Jeff Peterson, Tom
Bartkey, Al Ranum, Lawrence Rumpf, Les
Abrahamson, Wally Milbrandt, Brian Palmer
APPROVAL OF MINUTES
Motion by Councilmember Bodlovick, seconded by Councilmember
Kimble to approve the minutes of the Special Meeting of November
14, 1989 and the Special and Regular Meetings of November 21,
1989 as submitted. (All in favor)
INDIVIDUALS, DELEGATIONS AND COMMENDATIONS
1.
Bob Kondrasuk, Earth Day Committee - Presentation regarding
Hazardous Waste Pick-up in the City of Stillwater.
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Bob Kondrasuk, representing School District 834, and Terri
Rossi, Earth Week Committee Chairman, explained how the
school district will participate in celebrating Earth Week
in April 1990. Mr. Rossi made a presentation of a flag to
the Council. Mr. Kondrasuk requested that Council consider a
cooperative hazardous waste clean-up event.
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stillwater City Co ncil Minutes
Recessed Meeting
December 5, 1989
2. Gary Funke - etition regarding Downtown Parking Program.
Mr. Funke pre
parking meters
in the Couri
parking meters
ented a petition against the proposed downtown
He also presented the results of a poll taken
r which indicated opposition to the use of
Council determ"ned that, due to the large number of audience
members conce ned with the parking meter issue, the parking
program portio of the budget would be discussed first.
PUBLIC HEARINGS
1.
This is the
proposed incr
Budget for th
Notice 0
Pioneer Press
on November 27
City Coordinat
Hearing, and C
the parking pr
$128,148; pro
questioned th
figures of act
Russell expla
increased perm
day and time for the Public
ase in the 1990 Property Tax
City of Stillwater.
the Hearing was published
n November 23, 1989 and the
1989.
Hearing on the
Levy and 1990
in the st. Paul
Stillwater Gazette
r Kriesel explained the purpose of the Public
mmunity Development Director Russell explained
gram budget. Projected cost of the program is
ected revenue is $136,600. Mayor Abrahamson
assumption of projected revenue and provided
al parking revenue as of October 31, 1989. Mr.
ned that the projected revenues are based on
t fees and enforcement of the metered parking.
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Mayor Abraham on reported on other cities of Stillwater's
size which h ve removed parking meters downtown and chalk
tires for enfo cing parking regulations.
Dennis Sulli an stated his concern with the revenue
projections. r. Russell restated the meter utilization
assumptions to explain the revenue projections.
Paul Simonet,
against the pa
stated that C
the people do
Rob Uppgren,
downtown need
downtown rest
will put his r
of Simonet's Furniture, stated that he is
king meters. Another downtown business owner
ty officials should listen to the people, and
ot want new meters downtown.
employed at Stillwater Photo, stated that
a parking ramp, not new meters downtown. A
urant owner stated that new meters downtown
staurant out of business.
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Karl Ranum, downtown attorney, stated that downtown
businesses a e currently competing with businesses on the
hill, and pa king meters will put an additional burden on
those downtow. He would like to see all meters taken out,
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stillwater City Council Minutes
Recessed Meeting
December 5, 1989
and some other means of parking regulation established.
Another downtown business owner stated that it is the
owners and employees downtown who park in the spaces by their
front doors for the entire day and nothing is done about it.
Dan Woodbury of the Grand Garage, stated that there should be
parking zones downtown which would cause cars to rotate. At
the present time, people park at the meters all day long.
Bill Hooley, downtown business owner, stated he is against
the meters, and in favor of chalking tires. Al Ranum,
downtown attorney, stated that meters would drive business
away from downtown.
Clayton Patterson questioned the amount budgeted for
uniforms for parking meter monitors.
Paul Simonet suggested that the meters be bagged and tires
chalked and find .out how much revenue is generated.
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Gary Funke suggested removing the meters for one year.
councilmember Opheim stated that she would be in favor of
trying a plan for a one-year period with a good cost
accounting system to determine revenue and expenses. She
questioned where the funding would come from if there was a
deficit.
Mr. Funke asked the Public Works Director if money would be
saved removing snow downtown if there were no meters. Mr.
Junker replied that there would be a small savings. Mr.
Junker, speaking as a private citizen, stated he is in favor
of removing meters and chalking tires, b~cause of the free
parking at the new malls in town.
Council decided to vote on this one issue before continuing
with the other budget items.
Motion by Councilmember Opheim, seconded by councilmember Kimble
to begin a period of bagging meters for one year, to establish an
accounting system to track costs, to develop a system of
enforcement, and to evaluate the system after one year's time.
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There was further discussion regarding the $78,000 budget
item for parking. Councilmember Opheim explained that her
motion was a policy direction rather than a budget issue.
Mayor Abrahamson stated he was concerned with enforcement,
and would like a policy of chalking tires and a monthly
report from the Publ ic Sa fety Director. The motion was amended as
follows:
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stillwater City Council Minutes
Recessed Meeting
December 1, 1989
Motion by Councilmember Opheim, seconded by Councilmember Kimble
to have a trial period of one year for removing or bagging of
parking meters, to make two-hour parking limitations, with notice
to the public, to dedicate the individual who is currently
designated to parking management to the sole effort of downtown
parking management, and budget accounting methods be established
to evaluate inco e and expenses. (All in favor)
Councilmember Farrell stated for the sake of solidarity he
would also su port the motion.
(Council took a fi
2.
This is the da
Comprehensive
City Comprehen
south of Eagl
Family Residen
CPA/89-4.
Notice 0
Gazette on N
affected prope
3 .
This is the da
Zoning Ordina
located east
Single Family
Case No. ZAM/8
Notice 0
Gazette on N
affected prope
4 .
This is the da
Minor Subdivi
lots of 34,10
Avenue in th
Krogstad, Appl
Notice 0
Gazette on Nov
owners.
Council consid
explained the
Map Amendment
of land. PIa
all three it
Commission. T
Mayor Abrahams
recess and reconvened at 9:15 p.m.)
and time for the Public Hearing to consider a
Plan Amendment adding 2.7 acres of land to the
ive Plan area located east of Neal Avenue. and
Ridge Trail and designating the area Single
ial, City of Stillwater, Applicant. Case No.
the Hearing was published in the
vember 24, 1989 and copies were
ty owners.
Stillwater
mailed to
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and time for the Public Hearing to consider a
ce Map Amendment zoning 2.7 acres of land
f Neal Avenue and south of Eagle Ridge Trail
esidential, RA, City of Stillwater, Applicant.
-4.
the Hearing was published in the Stillwater
vember 24, 1989 and copies were mailed to
ty owners.
and time for the Public Hearing to consider a
ion Request of a 2.7 acre parcel into three
, 43,090, and 34,100 sq. ft. at 8031 Neal
RA Single Family Residential Dist., Elaine
cant. Case No. SUB/89-73.
the Hearing was published in the Stillwater
mber 24, 1989 and mailed to affected property
red Items 2, 3, and 4 together. Mr. Russell
omprehensive Plan Amendment, Zoning Ordinance
and Minor Subdivision Request for one parcel
ning Commission Chairman Fontaine stated that
ms were unanimously approved by the Planning
ere were no comments from the audience, and
n closed the Public Hearing.
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Motion
Opheim
by
to
Counci member Bodlovick,
adopt the appropriate
a
seconded by
resolution
Councilmember
approving the
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stillwater City Council Minutes
Recessed Meeting
December 5, 1989
Comprehensive Plan Amendment adding 2.7 acres of land to the City
Comprehensive Plan area located east of Neal Ave. and south of
Eagle Ridge Trail and designating the area Single Family
Residential. (Resolution No. 8209)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and
Mayor Abrahamson
Nays - None
Motion by Councilmember Bodlovick, seconded by
Kimble to have a first reading of an ordinance
Ordinance Map Amendment zoning 2.7 acres of land
Neal Ave. and south of Eagle Ridge Trail
Residential. (All in favor)
Councilmember
for a Zoning
located east of
Single Family
Motion by Councilmember Farrell, seconded by Councilmember
Bodlovick to adopt the appropriate resolution approving a Minor
Subdivision Request of a 2.7 acre parcel into three lots of
34,100, 43,090, and 34,100 sq. ft. at 8031 Neal Ave. in the RA
Single Family Residential Dist. (Resolution No. 8213)
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Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and
Mayor Abrahamson
Nays - None
Motion by Counci1member Farrell, seconded by Councilmember Kimble
to adopt the appropriate Resolution accepting the petition by
Elaine Krogstad and authorizing the City's consulting engineer
to prepare a feasibility study for extending utilities to the
subdivision at 8031 Neal Ave. (Resolution No. 8210)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and
Mayor Abrahamson
Nays - None
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This is the day and time for the Public Hearing to consider a
Variance Request for a front yard setback requirement (twelve
ft. proposed, thirty feet required) for the construction of a
home with an attached garage at 900 No. Broadway in the RB
Two Family Residential Dist., Larry Lappi, Applicant. Case
No. V/89-75.
Notice of the Hearing was published in the Stillwater
Gazette on November 24, 1989 and mailed to affected property
owners.
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Mr. Russell explained that this parcel was the subject of a
previous subdivision request which was denied by the Council
last year. The lot is severely sloped to the south and the
house will be situated on the flat part of the lot. Mr.
Fontaine stated that there is some neighborhood concern about
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stillwater City Co ncil Minutes
Recessed Meeting
December 5, 1989
the location
immediately t
closer to the
the road, an
problem with
felt there w
property.
of the house and its effect on the property
the north. Because of another house built
road, the applicant could build 20 feet from
the Planning Commission did not foresee a
he house blocking views, etc. The Commission
s a hardship because of the slope of the
Tom Thomsen, 9 3 North Broadway, stated his concern that some
of the vegetat"on in the area would be removed.
Larry Lappi, t
of fill would
other locatio
southeast cor
line.
e applicant, explained that an enormous amount
ave to be brought in to build the house at any
The house is angled so that only the
er of the garage is 12 feet from the property
Brian Palmer, 1005 North First, asked if a survey has been
submitted as r quired.
Mayor Abraham
Farrell comme
make lots of
commented tha
last year, t
single family
Motion by Counci
Kimble to approve
front yard setback
residence connect
favor)
on closed the Public Hearing. Councilmember
ted that historically the City has tried to
this type buildable. Councilmember Kimble
with the denial of the subdivision request
e Council stated it would look favorably on a
ome.
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member Bodlovick, seconded by Councilmember
he request by Larry Lappi for a variance for a
requirement, with the condition that the
to Ci ty sewer on North First Street. (All in
6. Continuation f the Public Hearing on the proposed increase
in the 1990 Pr perty Tax Levy and 1990 Budget for the City of
Stillwater.
Finance Dire tor Deblon explained the 1990 Budget by
department and any changes greater than 4%.
Jeff Foss, S il1water resident, asked why the City has no
control over s wer charges. Mr. Kriesel responded that the
MWCC controls these charges. Mayor Abrahamson closed the
Public Hearing. Extensive discussion by Council followed.
Motion by Counci member Farrell, seconded by Councilmember ~
Bodlovick to adopt the appropriate Resolution approving the total ~
property tax Ie y for 1990 in the amount of $3,325,277.
(Resolution No. 82 5)
Ayes - councllmemb-rs Bodlovlck, Farrell, Kimble, Opheim, and
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stillwater City Council Minutes
Recessed Meeting
December 5, 1989
Mayor Abrahamson
Nays - None
Motion by Councilmember Farrell, seconded by
Bodlovick to adopt the appropriate Resolution
proposed budget for 1990. (Resolution No. 8206)
Councilmember
approving the
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and
Mayor Abrahamson
Nays - None
(Council took a five-minute break and reconvened at 11:10 p.m.)
Motion by Councilmember Opheim, seconded by Councilmember Farrell
to approve participation with Washington County in a narcotics
program, employment of a City narcotics officer and to amend the
budget including this and other changes as discussed with
approval at the next meeting. (All in favor)
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UNFINISHED BUSINESS
1. Possible second reading of Parking Meter Ordinance Amendment.
This item was not acted on because of action taken at the
Public Hearing earlier in the meeting.
2. Possible first reading of ordinance amending Chapter 33,
Building Permit Fees and Appendix "E" of the State Building
Code relating to sprinklers.
This item was discussed at the earlier Regular Meeting.
3. Clean Water Partnership Grant Application.
Mr. Kriesel explained that the Clean Water Partnership Grant
Application has been denied and will have to be resubmitted.
4. Letters of Application to Park & Recreation Board - Michael
Polehna & Douglas Hartman.
This item was continued to the next meeting.
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Mayor Abrahamson informed the Council that Mark Ehlenz, a
member of the Planning Commission, has moved to Lake Elmo and
suggested that staff advertise for this vacancy, along with
the vacancy of Nancy Putz who recently resigned.
Motion by Councilmember Bodlovick, seconded
Farrell to send a letter to Mark Ehlenz thanking
on the Planning Commission. (All in favor)
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by Councilmember
him for his work
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stillwater City Council Minutes
Recessed Meeting
December 5, 1989
NEW BUSINESS
1. Change Order N . 3 - Sunset Ridge Estates, L.I. 255
Motion by Councilm mber Kimble, seconded by Councilmember Farrell
to approve Change Order No.3, Sunset Ridge Estates. (All in
favor)
CONSENT AGENDA
Motion by Counci
Kimble to approv
including the foIl
Bodlovick, seconded by Counci1member
Consent Agenda of December 5, 1989,
(All in favor)
1. Directing Paym
Ayes - Councilmemb
Mayor Abrah
Nays - None
nt of Bills (Resolution No. 8204)
rs Bodlovick, Farrell, Kimble, Opheim, and
mson
2. Applications:
Citadel Homes, Inc
3880 Laverne Ave. o.
Lake Elmo, Mn. 550 2
CONTRACTORS
General Contractor
e
New
Dalbec Roofing
548 Willow Dr.
Long Lake, Mn. 553 6
Roofing
New
Petes Service
10710 88th Street
Stillwater, Mn. 55 82
General Contractor
New
South Hill Liquor
David Meister
117 West Churchill
Stillwater, MN 55
1990 CIGARETTE
tore
LICENSES
R&R Liquor
1971 South Greeley Street
Stillwater, MN 55082
Street
82
st. Croix Club Bar Restaurant,
Inc.
423 South Main Str et
Stillwater, MN 55 82
Kinsel's Inc.
119 East Chestnut Street
Stillwater, MN 55082
Snyder Drug of Sti lwater
1260 Frontage Road West
Stillwater, MN 5082
Still~ater Lodge #179
279 East Myrtle Street
Stillwater, MN 55082
e
stillwater Inn
1750 West Frontage Road
stillwater Country Club,Inc
1421 North Fourth street
Stillwater, MN 55082
12
e
stillwater, MN 55082
st. Croix Drug
132 South Main Street
Stillwater, MN 55082
Erickson Post, Inc.
2500 West Orleans Street
Stillwater, MN 55082
Tom Thumb Store #219
2601 West Orleans street
Stillwater, MN 55082
Popeye's on the River
422 East Mulberry Street
Stillwater, MN 55082
Tom Thumb Store #283
1905 Greeley Avenue
Stillwater, MN 55082
J.W. Harbor
517 North Owens
Stillwater, MN 55082
Brooks Superette #26
Gateway Foods, Inc.
2289 Croixwood Blvd.
Stillwater, MN 55082
Dock Cafe
425 East Nelson Street
Stillwater, MN 55082
Meister's Bar and Grill
901 South Fourth Street
Stillwater, MN 55082
Vittorio's, Inc.
402 South Main Street
Stillwater, MN 55082
Pizza Plus Ribs
1975 South Greeley Street
Stillwater, MN 55082
e
Stillwater American Legion Post #48
101-105 South Third street
Stillwater, MN 55082
Brine's Inc.
219 South Main Street
Stillwater, MN 55082
John's Bar
J.L.H., Inc.
302 South Main
Stillwater, MN
Street
55082
Trump's Deluxe Grill & Bar
317 North Main Street
Stillwater, MN 55082
Mad Capper Saloon and Eatery
224 South Main Street
Stillwater, MN 55082
3. Approval to publish Ordinance No. 716, Off Street Parking
& Loading by Title and Summary.
OTHER BUSINESS
Old Baptist Church Buildinq at 4th and Pine -
City Attorney Magnuson reported that he has attempted to
reach the insurance investigators. He will have a full report
for Council at the next meeting.
Joint Powers Amendment
e
Motion by Councilmember Kimble, seconded by Councilmember Opheim
to adopt the appropriate Resolution approving amendment of the
August 1 deadline to December 1 for submission of the Cable
Commission budget, and to direct the city attorney to draft the
amendment and submit copies to Bayport and Oak Park Heights.
(Resolution No. 8214)
13
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and
Mayor Abrahamson
Nays - None
e
Pro osed Noise Ordinance -
Council direc
Noise Ordinanc
the City Attorney to submit the proposed
the Planning Commission for its reviewal.
North Main street
Motion by Counc"lmember Kimble, seconded by
Bodlovick to auth rize an offer for purchase of the
street Property rom the State for $119,192 for
$50,000 for Tract . (All in favor)
Councilmember
North Main
Tract 2 and
Re uest from First Securit Title-
Motion by Councilm
to authorize the
flowage easement f
favor)
mber Opheim, seconded by Councilmember Farrell
Mayor and City Clerk to sign a release on the
r Lot 3, Block 1, Wildpines Addition. (All in
Part-time
ficers' Salar
Motion by member Bodlovick, seconded by Councilmernber 4It
Kimble to e appropriate Resolution approving the salary
schedule for part- ime police officers as recommended by the City
Coordinator, effective January 1, 1990. (Resolution No. 8208)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and
Mayor Abra amson
Nays - None
ADJOURNMENT
Motion by Counc"lmember Bodlovick, seconded by Councilmember
Farrell to adjour the meeting at 11:40 p.m. (All in favor)
Resolutions:
No. 8209 - Approv"ng the CPA adding 2.7 acres of land to the City
No. 8213 - Approv ng a minor subdivision request at 8031 Neal Ave.
No. 8210 - Author zing a feasibility study for extending utilities
at 803 Neal Ave.
No. 8205 - Approv ng the tax levy for 1990
No. 8206 - Approv ng the budget for 1990
No. 8204 - Direct ng Payment of Bills
No. 8214 - Amendi g Joint Powers Agreement
No. 8208 - Approv ng Part-Time Police Officers Salary
MAYOR
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ATTEST:
CITY CLE K
14
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1
Charitable Gambling Control Board
Room N-475 Griggs-Midway Building
1821 University Avenue
St. Paul, Minnesota 55104-3383
(612) 642-0555
GAMBLING LICENSE APPLICATION
FOR BOARD USE ONLY
I Ucen.e Number
PAID
AMT
CHECK#
DATE
e
INSTRUCTIONS:
A. Type or print in ink.
B. Take completed application to local governing body. obtain signature and date on all copies, and leave 1 copy. Applicant keeps 1
copy and sends original to the above address with a check.
C. Incomplete applications may be returned.
D. Enclose license fee with application.
Type of Application:
oClass A - Fee $;1,00.00 (Bingo, Raffles, Paddlewheels. Tipboards, Pull-tabs)
.Class B - Fee $'.00 (Raffles. Paddlewheels, Tipboards, Pull-tabs)
oClass C - Fee $ 50.00 (Bingo only)
oClass D - Fee $ 25.00 (Raffles only)
Check one: 01 A. Organization has never been licensed.
~ 1 B. New site - Give base license number.
01 C. Renewal of existing license -Give complete license number.
OlD. Change in class of an existing license - Give complete license number.
oYes'~No 2. Has organization ever received a Lawful Gambling Exemption Permit from the Board? If yes, give complete
permit number I I '
Yes oNo 3. Have Internal Controls been submitted previously on a form provided by the Board? If no, please attach copy.
4. Applicant (Official, legal name of organization) 5. Business Address of Organization
,,'el fc$f'l 51.' /tIe" J 0 5owH.. r
Make check. peyable to:
MlnnelOtII Cherlteble Oambllng Control Board
1,4 COr; 0 1- c: OJ.
C)-I
C)-I
I - I
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City, State, Zip
" .-
9. Type of organization: o Fraternal Veterans o Religious oOther nonpr fit*
*If organization is an "other nonprofit" organization, answer questions 10 through 12. If not, go to question 13. "Other nonprofit" organizations
must document its tax-exempt status.
~YesoNo 10. Is organization incor orated as a nonprofit organization? If yes, give number assigned to Articles or page and
book number: 'if" Attach copy of certificate.
11. Are articles filed with the Secretary of State?
12. Is organization exempt from Minnesota or Federal income tax? If yes, please attach letter from IRS or Department of
Revenue declaring exemption.
DYes oNo 13. Has license ever been denied, suspended or revoked? If yes, check all that apply:
oDenied oSuspended o Revoked Give date: I - - I
14. Number of active members 1 5. Number of years in existence Note: Attach evidence of
& L/ ~ 0 S-o three years existence.
~YesDNo
~YesoNO
.....
16.
17. Name of treasurer or person who accounts for other revenues
of the organization (Cannot be Gambling Manager)
F/
.e.....
oIA
e.........
Business Phone Number
Business Phone Number
( (;,/ ()... ) '"
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18. Name of establishment where gambling will be
conducted
I W,
20. City. State, Zip
19. Street address (not P.O. Box Number)
5" Y'll. I'\.
21. County (where gambling premises is located)
!;+.
~)II"/I
kJa..sh
Pink-local Governing Body
Canary-Applicant
Page 1 of 2
ng license Application
e of Application: o Class A t&Class B o Class C OCI8SS D
Yes DNa 22. Is gambling premises located within city limits?
Yes DNa 23. Are all gambling activities conducted at the premises listed in 1/18 of this application? If not, complete a separate
application for each premises (except raffles) as a separate license is required for each premises.
DYes No 24. Does organization own the gambling premises? If no, attach copy of the lease with terms of at least one year, and
attach a sketch of the premises indicating what portion is being leased.'A lease and sketch are not required for
Class 0 applications.
25. Amount of Rent Per 26. Do you plan on conducting bingo with this license? If yes, give days and times of bingo occasions.
Month or Bin 0 Occasion Day Time Day Time Day Time
Yes DNa 27. Has the $10,000 fidelity bond required by Minnesota Statutes 349.20 been obtained?
28. Insurance Company Name (not agency name)
c
30. Lessor Name
31. Address
33. ambling Manager Name 34.
, , ,,/.~
36. Gambling Manager Business Phone Date gambling manager became ,
( lA d-...) tI member of organization: I Month 3 Year ~ / I
Yes DNa 38. Has the license termination form been completed? Attach copy.
, Yes DNo 39. Has the compensation schedule been approved by the organization? Attach copy..
40. List the day and time of the regular meeting of the organization. Day . Lv
41. BankName.'1 .... /I "1.'I'wni~". 42. BankAddress
1= 1 r "J.j tt.... #-Ill. t'l "'- C'"" oJ ~ 1 .'" f4" to. ... ..c.. l4" "^ 1-;)' ~- () '!" "I-
/. I' , I t\ ,t'"
35. City. State, Zip
S'I.'/lA.."f-t-v
ime
43. Bank Account Number
SI ~"~r77
5"01 (" 7 '-I &. (3tt..y #oc~1
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GAMBLING SITE AUTHORIZATION
By my signature below, local law enforcement officers or agents of the Board are hereby authorized to enter upon the site at any
time gambling is being conducted to observe the gambling and to enforce the law for any unauthorited game or practice.
. BANK RECORDS AUTHORIZATION
By my signature below, the Board is hereby authorized to inspect the bank records of the gambling bank account whenever
necessary to fulfill requirements of current gambling rules and law.
I hereby declare that: OATH
1. I have read this application and all information submitted to the Board;
2. All information submitted is true, accurate and complete;
3. All other required information has been fully disclosed;
4. I am the chief executive officer of the organization;
5. I assume full responsibility for the fair and lawful operation of all activities to be conducted;
6. I will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the Board and agree, if
licensed, to abide by those laws and rules, including amendments thereto;
Membershi list of the or anization will be available within seven da s after it is re uested b the board.
44. Official, Legal Name of Organization 45. Signature (must be signed by Chief Executive Officer)
I ~ I- " t-<\ A ~ f X
Title of Signer Date
"""
ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY
I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with notice that
this application will be reviewed by the Charitable Gambling Control Board and if approved by the board, will become effective
60 days from the date of receipt (noted below) unless a resolution of the local governing body iSopassed which specifically
disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 60 days of the
below noted date.
46. Name of City or County (Local Governing Body)
If site is located within a township, item 47 must be completed, in
addition to the county signature. If township is not organized,
county must sign.
47. Name of Township
Signature of person receiving application
~
Title
Date received (60 day period
begins from this date)
Signature of person receiving application
X
48. Name of person delivering application to Local Goveming Body Title
CG-0001-03 (8/881
White Copy-Board
Canary-Applicant
Pink-local Governing Body
i i
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LEASE AGREEMENT
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'. ICJ. IN ;.~; . Lc~'o"; (J~1. J..ev,lI46ott/lJi. "
~ I (1'J H v. .[J U' ..f~ .U,' 1It.~~~. ~" e. :~~: :..... .~~ I '0 ff!JG\, "l J
... () ..) - - 1/ Y '-If" of Ao....merft ,
. w'Ol" ' (~.ee
Thlt Ig...me", mid. 'h" f). 7 dlY of -1lJ}o u' " s:<r9 .., IrMI ........
:T. Lv. 1'--1 a.., ". b (J I- I It e . ,.,..,. ., ... "ft' pa", l.eneJr.. ...
~ I, '1Ilu A., I e r. ;4 frH!.. v ,. ~ a.. '-\ ~ -e.. j "0 '^- (J C' s I t./9f I*fr If... eal1d pitt. .....
, WITNESSETH, .hll lhe It'd PI'" of.hI II,... ,,".In conelcltradon of the ,enl. and eeft\fttllllhll ....In .f'., ................
dott ...., hll, Ind Ia", f,Om uld pi'" of IhI ....1 pitt tht foIkwdng dttUtlMld pNmI.... ....ttct ... '"
. .
. ~Y of fA J (J, c:, it " "5 1- (J I/t. . ..... of UlnnetotI
The 6 U"1 L( NE\) portion of .... ","".... .. "Metf,*, en aHadtW III' pltn eoe..... ..
_ 5" /1 YU, OWe"'l~ 51. J;f.,Lllw~lr!:.. 111",... .ha..haHN....fcw
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1CHIe.& ONI Oft 10... '.
;. ,,;; 0 IINOO m GAMBLING DEVIClI Cllpboa.d.. ,.""...,.. 'Iddff*"-tl. and n."III, Dur.... N hotItt
:.:. ~ 9 Oip.m... ~JP,m. .
· thl plrtl.. mulul", Ig~ '0 .... ..r~*lno co~n":
"'" Tht ...... .hlll pay' <-~o "'r;~1 plu,' so. 0 0 "I"!~I" ~~.; Itch I I'YJO. ~e~.1on 0: th.
follOW'ng "'rtSU,''Ic:I~t - 5 1...+u.."r:J.... Y . betwHn .ht foffCMIng hourt q 81"..... 10 J.@lP.m.
/Th....... 'hell comply with II'''WI conce,nlng'hI oper.'ton o' glmbllng .. w,IU,n or .....nded by tllhl.... ,....
O. Mlnnttoll or Iht Chtrtllblt Gambling Conllol SolId. . ..
,
.
Tht'.... 'hili run 'or . period o. ont y..r. howtYtr, tllMr Plrty mlY In'o,m Ihl o'hlt of II' Clne.llllton upon
thfrty (30) dlyt w,IU.n noUe. '0 Ihl olhlt. le.... rtntgoUllld .1 11m.. olMr 'h.n Iletn... ..n.w.t ""'* will bt
furna'h.d 10 lhe Ch.,n.b't O.",bllng Conlrol8oard 'In (tOf dl", prlo. 10 InecUv' dl" 01 Iht ...... .
hMIonablt caft lhan be t..relNd br "" ...... IOf cart oC 1M lumlahlngl UNcI during IIUM', period 01 ttnlll.
DII.: Ihl. 111 day 01 tJ ( J . ...1.1
In Ih. Counly o' WtL ~ h ,. '\5 ....J. 0 ,4-'l-
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MEMORANDUM
TO:
Mayor and City Council
Ann Terwedo ~
December 12, 1989
FR:
DA:
RE:
REQUEST TO USE TWO CITY PARKING SPACES FOR SPECIAL EVENT
Doug Belton, Branstorrn Productions, representing streamers/Freight House, is
requesting us'e of two parking spaces in the Reed I s lot for the placement of a
large boombox radio for a Christmas promotion at the night club. The parking
spaces are located on the southeast corner of the lot next to the volleyball
court. The boombox will be placed at this location Thursday, December 21 from
7 p.m. - 10 p.m. and Friday, December 22 from 7 p.m. - 10:30 p.m. No outdoor
music will be played.
(l..-(;.~O rf -4., ~ " ~6-0-L L.t.-c Lj
-'.ok>, 263 - Application for "ON SALE" license for Intoxicating liquor.
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~tate of .minnesota,
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.1IU.YICIP.IJ.LITY OF.
BUSINESS RECORDS CORPORATION,MINNESOTA
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(. lei Ll)_:-) \-!-L.'"L.~/"
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"ON SALE"
COUNT Y of.Washingt.o.n.................
TO THE GOVERNING BODY OF THE .tJBOVE .N./.lIED ,lIUl{ICIP,IJ.LITY:
P7l1'suant to Chapter 46 of the laws of .1Iill71esota, Special Session of }.f)33-4
....... ,S ~mp ~.r... J::l9. l<i..i,:q g::>.,.....:r. 1:1,~..~..
hereby appZ.for a license, for the tel'm o!..Qne..yecp:::
from the.. . .........lst .....................day of.......J.anuary
........19 .9.0, to sell intoxicating liquors
as defined by law at retail only for consnmption "O,\, THE PRK1IISES" described as follows:....
1.0 2.....N9 :r.tb. ...S.eG<J:rl. eJ.... $.tr. ee. t..
... .............................in said municipality, on which p7'emises... .....it.
........controZs.. .. and operate a
.....h.9t..eJIr.:g.~.t.C3,1J;r..a.:J:1.tJ.G.9G.l<;.t.q.:L.JJQ1,]Jlge.........; and to that end hereby representf3. . and state.f).........;
That said mu;nicipality is a..City...of .the....third.cl.ass
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.. wh ich has a popnlation of
.............~.~..~. .5.. Q.9........... ..........
...........and u'hich does not maintain an e.y:clusive liquor store;
That said....ho.te.llr.es.t.au.r.an.tIco.cktaiL.lo.unge ...is an establis7mLent having a resident
proprietor and 7nanager and the following eqldpme71t and facilities,
.....................-.......................,.........................................................................................................................................................
........................................
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That said applicanL...is....a...............citizen........of the United States,..................i.s.....................over twenty-one
years of age,.........J.$...................of good moral character and repute,.....J.::>.............................not, since the enactment
of the act above specified, been convicted of any wilful violation of any law of the Urvited States, or of
the State of .Winnesota, or of any local ordinance, with reJ1ard to the manufacture, sale, distribution, or
possession for distribution or sale, of intoxicating liquors, and that no license issued to...........it.........................
under saill act has ever been revoked:
That no manufactu,rer or wholesaler will own or control, or has any financial interest in, the
business of selling intoxicating liqlwrs at retail on said premises, nor power to exact or requi.re, by con-
tract, lmderstanding or otherwise, said applicant...... .....to handle or sell only the products of such manu-
facturer or wholesaler:
That no other retailer's license has been issued, directly or indirectly, to said applicant............or for
saicl prem,ises; that no license of a class other than hereby applied for has been issued to any person at
saicZ pl'elnises; and that said premises are neither Olnled 01' controlled by any person to whom no license
conlcl be issued:
That said prem,i.ses are not within any area 71' ithin which the sale of intoxicating liquors is pro-
llibited by the laws of the State of ..lfinnesota, the provisions of any charter, ordi.nance or special law,
0/' through zoning ordinances, proceedings or legal process rcgnlarly held for that purpose:
That said a,pplicanL"......hereby agree.s....that any license granted pursuant hereto shall be non-
transferable withou..t consent of the anthority issl/;ing the same; that said license shall not be effective
until a permi.t shall be issued wzder the laws of the United States in case such permi.t is required under
said. laws; and thaLit. """......... .,will keep said license posted in a conspicuous place in said premises:
That this application i,s macZe pW'sllant and subJect to aU the laws of Minnesota, the laws of the
Cllited States, the ordinances and regulations of said 71wniripality, and the regulations of the Liquor
('olltl'Ol Commissioner of .Minnesota, relating to th(' sale and places of sale of intoxicating liquors, all
of which al'c hereby made a part hereof, and which..it.. ....... hereby agree.S.....lo observe and obey.
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the within applioant........; that............he...........ha.S.......fltll and first han knowledde of the faots stated in
the within applicaticn and of the bltSiness of said applioant............, the looation thereof, and the oontents
e of the within applioation,' and that the statements made in said app wation are true of.....his....................
own knowledde. .......~.~.....I=it?l$z!:j~2~P
Subsoribed and Sworn to Before
Me this.....?X?~.~.....day Of.......N.o!........................
?3~K~............................... "
I -- MO
..;:t.u_~ COLBY B. LUND s
(~1tf.')"f NOTARY PUBLIC - MINNESOTA ~
Notary Pub .o.........................&..~..................................County, .Jlinn. '~ HENNEPiN COUNTY ;:
.9:.. ; (( ; .7..> My Commission Expires SJPt. II, 1~'~1 ~
My Commission Expires.. )t V'V\'\'V\l\/V\/\/V'V\/vvVV\lvv,/V\/'" '\. ~~"'>,/'."'Vy"..\..\,. ".'
on oath say.S...
&tatt of .1flinnt~ota,
co U NT r OF...........fu..t-i...)..........
.Ghr..:L.B.. t. .~.p..~. .~.T.1.
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beind duly
mvorn,
. that..
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Dated
N..Qy~mp..~:+...)Q
(Here state other 7'eqzdrements of
.19.~.~.....
Semper HoV~'ng lnc.
.............U;;;~'...;............ .........,~=~.....L7~p
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local7.egu,la~ion,
if any)
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EXHIBIT "A"
Under penalty of perjury, each person whose signature
appears Delow certifies that:
1. Full name of applicant Semper Holdings, Inc.
2. Birthdate of applicant (if individual) N/A
3. If Corporation: A. Date of Incorporak~~~ April 6, 1988
_ B. List officers and titles Howard B\Bergerud President
( (!3,-o\.0 G. Craig Christensen Vice-President
C. List directors same
D. List stockholders same
4. List all persons or entities with either a direct or
indirect interest in the applicant or the applicant's business to
be conducted under the license for which this application is
made, and describe their interest in detail Appli~Anr will np A
~enant of Semper Lowell Associates. a Minneso~a limirpo pArrnpr~nip
the general ~artners of which are the prin~ipAl~ of Appli~Anr
A. Addresses: 81 South 9th Street #410. Minneapolis. M~ 55402
B. Assumed or Trade Names, if any N/A'
c. Business telephone number 612-332-1500 "
D. Home telephone numbers N/A t-f!_~;ielrf/ld 6~r- 3r-:>".Y
il ,....C-efl..\'.~ /~~-~a ~,
5. Has any person named in the application ever been
convicted of a felony? If the answer is yes, set forth the
offense, date and county of conviction. No
6. Applicant agrees that any manager employed in the
licensed premises will have all qualifications of a licensee
that the manager will not violate any city or state aws.
Semp'7. H9\d' ;;;.. I
Dated: II -- 50, 19Ji. OUtf~'
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and
I!-?
Subscribed fBd Sworn
mec1his z> day of
191' .
I.~~ COLBY a LUND I-
~ " NOTARY PUBLIC. MINNESOTA
HENNEPIN COUNTY
My Commission Expires Sept n, 1990
""~VIIIIII\NV"V)lt
---
illwater
THE BIRTHPLACE OF MINNESOTA
~~
PUBLI C NOn CE
Notice is hereby given p rsuant to Stillwater City Code Chapter 43.01,
Subdivision 5, that a pu lic hearing will be held on Tuesday the 19th day of
December, 1989 at 7:00 P M. in the City Hall Council Chambers to consider the
request for an On-Sale Liquor License transfer to Craig Christensen and Howard
Bergerud for a restauran Jbar facility (The Lowell Inn) located at 102 North
Second Street.
Opportunity will be give at this meeting to any person who wishes to be heard
for and against the gran ing of the license.
Publish: December 14, 1 89
Mary Lou Johnson
City Clerk
City of Stillwater
CITY HAll: 216 NORTH OURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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MEMORANDUM
TO:
Mayor and City Council
FR:
Public Works Director
DA:
Decembe~/ 15, 1989
RE:
RESCUE TRUCK
The fire department has given the public works department the rescue truck that
they have no use for. We would like your permission to have it painted and to
be able to use in our sewer department. It has the necessary tool boxes and
capacity for our use.
There should not be any-cost accept for paint.
#atC1;f-HLc
ac4~ Ut:1~.
..:if
OUENTIN WEINZIERL
Chairman
TOWN OF ST. JOSEPH
CAMILLE GRANT
Clerk
JAN DAVIS
Treasurer
CARCt. 'VN BARRETTE
Supervisor
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BOB MARTY
Supervisor
St. Croix County, Wisconsin
St. Joseph, WI 54082
JIMMIE TUMA
Constable
JANE BRONN
Zoning Administrator
November 29, 1989
Mayor Wally Abrahamson
216 North 4th Street
Stillwater, MN 54082
Dear Mayor Abrahamson,
Enclosed is a copy of the letter I spoke of in our telephone
conversation on November 29, 1989.
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The Town's concerns are;
1. Is there enough parking for cars at the park?
2. Proof of liability insurance from the City of
Stillwater, Town of St. Joseph listed as
named insured.
3. Written approval from the City of Stillwater.
4. Safety of driveway exit onto Highway 35
The Town Chairman Quentin Weinzierl asked the St. Croix
County Sheriff what the couple would need to have at the
beach for the Wedding;
1. porta-potties
2. A Wisconsin Marriage License
3. A Wisconsin Licensed Minister
4. Wisconsin DNR Permission to clear brush in the
Riverway District.
The Town has authorized the Town Chairman or Town Clerk to
meet with the City of Stillwater to discuss our mutual
concerns for the future use of this property. Please call
Chairman Quentin Weinzierl at 549-6379 or Clerk Camille
Grant at 549-6261 with any questions you would have.
Sincerely,
elLnJ4 d~
Camille Grant, Town Clerk
1384 Fox Ridge Trail
Houlton, WI 54082
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Willis H, Miller, being duly sworn, n oath says that he is
Editor of the HUDSON STAR-OBS RVER, a newspaper
printed and published weekly at the ity of Hudson, in said
County, and that a nodce, of which the annexed is a true
copy, WJ'\ published in said newspa er, once in each we~
for ____(~ successive weeks, comm neing on the ___/~).=I
(1 ~ 'LiS t..'
day of "..Q~~) "u:~~~ C~~,:~" and e~~~go
on th, ....<0.... day,. f .....'f... "4:..m... .l~..
. ~~ ~q;y.. .:. ~J (. ~!-::D2 .QQJ1
. , .~J... t'-'
Subscribed and sworn to berore me hIS _ _ _ . _ "::1_ '" day or
" r'
_.-.-..-.J~.1..i.--">~~l----"""'---' 19, _ L,C .
r:J I..j r ',)
, t{.i I:, (/ l:l ,l'l r '-,~. Ii '1;-
, "', ., ~~... --.. Jji. ~,". ~~ 't..l.l-...Y-,. .u./L .,1.... c. '.l
WALKeR P. I$Ar\CS01., "o.;ry u"Notary Public, S .. Croix County, Wis.
, l1ud,on, St. Croix County, Who
My Commlnion Explm Aug. '. IfIJ
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_ . _ . ohos, 1st Insertton <:... _ _ cen
.1)....7F 1. I b" 7/.1
. 0 10S .-1--. su. ..(.r'\---- cen
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per folio $... __ _ ___ ___
per folio $... r~~..~?
Affidavit
$1.00
Total
$ /9,:)/
..-----------.---- ------------
Received payment of . _. _ . _. _ _ _ _ _ . . _ _. _. ,_ _ . _ _ . . _
this . __. _. __ __ day of ..... __.. __ __ .. ... __ __.. _... ,197.. _..
55.
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State of Wisconsin
County of St. Croix
(Publish July 17 and 24)
. AN ORDINANCE PROHIBITING
- THE POSSESSION OF ALCOHOLIC
"BEVERAGES AND CONTROLLED
.SUBSTANCES AT PUBLIC PARKS
OR PUBLIC BEACHES
The Town Board of 'he Town of SI.
"Josepll; SI. Croix County, Wisconsin.
does ordain as follows: .
Section 1: II shall be unlawful for
any person to have in his or her
possession, cuslody or control any
..alcoholic beverage or controlled
'substa'nce ot any kind whatsoever in .
:-'or at any pLiblic park cr public beach
,wilhin the Township ot St. Joseph. SI,
Croix County. Wisconsin,
Section 2: "Alcoholic beverage" in
"'his ordinance means and includes
.. any liqUid in' ended for human con.
surr.ption containing more than one.
?half of one per cent by volume of
. alcohol.
.' Section 3. "Controlled substance" in
"his ordinance rr.eans a-drug. sub,
:stance or immediate precursor in
'Schedule'l Vof SUbch, II. as defined in
:.....Chapter 161 Wisconsin Statutes.
; Section ~: Any person who violates
, this ordinance shall. upon conviction
therefor. forfei'no' less than 525.00
nor-more than 5250.00. plus the costs of
'he prosecution for the violation,
Da'ed this to day of July. 1980.
Benjamin George. Town Chairman
Ray Brown. Supervisor
,Robert Orf, Supervisor
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Allest:
Carolyn Barrelle. Town Clerk
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BYE, KRUEGER" GOFF, S.C.
TRIAL LA WYERS
710 North Main Street, P. O. Box 167
River Falls, Wisconsin 54022
FAX# (715) 425-7413
Telephone: (715) 425-8161
AUorneY8:
c. M. Bye
Stuart J. Krueger
Steven B. Goff.
Roberta E. Gilbert8on'
· Also admitted in Minnesota
Paralegals:
Sandra S. Lenzen
Teresa L. Erickson
Pamela A. Skorude
Office Manager:
Chris Stumpf
November 9, 1989
Ms. Camille Grant
Town Clerk
Township of st. Joseph
1384 Fox Ridge Trail
Houlton, WI 54082
Re: stillwater Beach
Dear Camille:
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You have requested my opinion as to what permits, if
any, are necessary to have. intoxicating liquors on what is .
commonly referred to as "stillwater Beach". As I understand
it, stillwater Beach is an area of st. Croix River beach front
that is owned by the City of stillwater, on the Wisconsin side
of the river in st. Joseph Township. It is not a Wisconsin
city, town, or state park. It is merely the private property
of the City of stillwater. It has come to your attention that
a party has asked the city of stillwater whether they can hold
a wedding on that property. It would appear alcoholic
beverages would be served, and you want to know whether any
type of permit would be required.
First and foremost, this is private property and not
the property of st. Joseph Township, the state of Wisconsin, or
any other Wisconsin public body. Because it is private
property, the City of stillwater, or their permittees~ can have
alcoholic beverages on the premises without any licenses or
permits so 'long as the alcohol is not offered for sale. If
alcohol was going to be offered for sale, it would then require
a picnic license from the Township of st. Joseph under section
125.04 of the Wisconsin statutes, which requires appropriate
licenses for the sale of alcoholic beverages.
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Ms. Camille Grant
November 9, 1989
Page Two
If it is
sold (and is given
are subject to all
Wisconsin residents
conduct, etc. If a
underage person wit
that absent one of
parents, etc. If t
picnic license woul
using all of the st
currently employs i
Evidently
onto state Trunk Hi
stillwater .or its p
capacity, the Towns
liability for any w
stillwater. They s
allow someone to us
purposes.
If the To
governing the use 0
River, you can cert
security guards in
have to enact an or
....... . "~~
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erely a private party where no alcohol is
way to the guests), the private individuals
f the rules and regulations that govern
such as underage consumption, disorderly
county police officer drove by and saw an
alcohol, that person could be arrested for
he exclusions, such as drinking with
ey wanted to sell alcoholic beverages, a
have to be obtained from the township, .
ndards for issuance that the Township
granting such a temporary picnic license.
the Township is concerned about the access
hway 35 from this private area. If
rmittees is using this in a private
ip really has no approval authority and the
ongdoing would be on the City of
ould be made very aware of that if they
their private property for private
nship wishes to enact an ordinance
parks, or property abutting the st. Croix
inly do so. We discussed things such as
he area, and other measures, but you would
inance governing the use of the property.
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Finally, 'f someone did request a picnic license for
that specific area, you could potentially deny it, based upon
the access to state Trunk Highway 35, and the danger that it
poses when people a e drinking alcoholic beverages and entering
35 from that locati n. If no permit is required, you really
have no control abs nt ordinance enactment. Please call with
~nyql..!estions.have .over 'this.
Very truly yours,
BYE, KRUEGER & GOFF, s. C.
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steven B. Goff
SBG/pas
cc: Mr. Quentin We'nzierl
Ms. Carolyn Ba rette
Mr. Robert Mar y
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it MEMORANDUM
TO: Mayor and City Council
FR: City Coordinator
DA: December 15, 1989
RE: FIRE CAPTAIN
Earlier this year Chief Seim requested appointing Bob Barthol and Paul Glaser
to Fire Captain. Although each individual would be captain and have some cormnon
duties and responsibilities, they would also have certain specific, non-shared
duties and responsibilities.
Mr. Barthol and Mr. Glaser are requesting that the salaries be 5 percent above
the 3 year firefighter salary. Chief Seim believes that this is a fair
differential and I agree.
The base salary for the captain position would be $33,276.60 based on 1989 wage
rates. The salary would change for 1990 according to the contract settlement
with the Fire Association.
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POSITION TITLE: FIRE CAPTAIN - INSPECTOR
DEPARTMENT: PUBLIC SAFETY - DIVISION OF FIRE
ACCOUNTABLE TO: ASSISTANT FIRE CHIEF
POSITIONS SUPERVISED: FIREFIGHTER ENGINEER
PRIMARY OBJECTIVES:
The enforcement of laws, ordinances and rules and regulations relating to fire
prevention. To assume command during fire suppression activities in the absence
of a superior officer.
MAJOR AREAS OF RESPONSIBILITY:
Assists in the planning, organization and direction of a fire inspection and
prevention program.
Conducts inspection of buildings of
Code, Building Code and other
regulations.
various uses to ensure conformance with Fire
related statutes, ordinances, rules and
Maintains records and reports related to fire inspection activities.
Conducts arson investigations.
Prepares and presents fire safety programs to general public.
Assists in the review and evaluation of plans and specifications of new or
renovated buildings for conformance to fire safety requirements.
Supervises and trains other firefighters in fire inspection programs and
techniques.
Responds to fire alarms and medical emergencies with the company and assumes
command until relieved by a superior officer; provides medical emergency care.
Assists in the preparation of the fire department budget.
Assists the Fire Chief as necessary, takes command in emergencies, as
appropriate, unless relieved by a superior officer and reviews actions to
maintain optimum results with the maximum protection of life and property and
minimum danger to fire fighting personnel.
Ensures effective utilization and motivation of all subordinate personnel.
Directs and reviews supervisory practices, ensures effective communications,
reviews problems and directs the work of subordinate employee.
Assigns duties to employees under his command. Upon a request of a superior
officer, makes recommendations relating to the hiring, transfer, suspension,
promotion, discharge, assignments, reward or discipline of subordinates.
Maintains individual fire fighting skills, including physical conditions. Stays
abreast of developments in the firefighting field and changes in related laws
and ordinances.
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Performs other work rela~ed to the position and as directed by the Assistant Fire e
Chief.
EDUCATION AND TRAINING:
Graduation from High Sch 01 or equivalent supplemental by course work, seminars
and work shops in fire su pression and fire prevention activities; at least seven
(7) years of actual exp rience in firefighting and considerable experience in
fire inspection activit"es.
QUALIFICATIONS:
Considerable knowledge 0 the principles, practices and procedures and equipment
use in modern firefight"ng and protection of life and property from fire.
Considerable knowledge
geography of the city,
hydrants.
f the rules and regulations of the fire department,
he location of streets, principal buildings and fire
Ability to plan, insta 1 and carry out assigned programs of departmental
operations and activiti s.
Considerable skill in op
equipment and apparatus.
and maintaining a variety of specialized tools,
Considerable knowledge
maintenance of equipmen
f practices, methods, tools and materials used in the
used in modern firefighting.
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Ability to prepare and pr sent effectively oral and written informative materials
relating to the activit"es of the fire department.
EXAMPLES OF PERFORMANCE CRITERIA:
Ability to establish and aintain effective working relationships with other city
officials, civic and of icial groups and the general public.
Establishes effective w rking relationships with others.
Carries out assignments and duties under limited supervision.
Prepares personnel repo ts, fire reports and such other routine and special
reports as required in n accurate manner.
Maintains due regard for the safety and welfare of personnel under his command.
Provides direction and ssistance in the development of subordinates.
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POSITION TITLE: FIRE CAPTAIN - MAINTENANCE SUPERVISOR OF DIVISION FIRE
DEPARTMENT: PUBLIC SAFETY - DIVISION OF FIRE
ACCOUNTABLE TO: ASSISTANT FIRE CHIEF
POSITIONS SUPERVISED: FIREFIGHTER ENGINEER
PRIMARY OBJECTIVES:
The maintenance and repair of fire automotive apparatus and accessory equipment.
To assume cormnand during fire suppression activities in the absence of a superior
officer.
MAJOR AREAS OF RESPONSIBILITY:
Supervises and directs the maintenance repair and servlclng of trucks, pumps,
engines, ladders, extinguishers, hoses, nozzles and other related fire
suppression equipment.
Assists in the planning, organization and directing of maintenance activities
of the fire department.
To oversee tests of new apparatus and to make periodic operational tests of
equipment in service.
To supervise maintenance records and reports including expense and inventory
records.
To assist in the preparation of specification for new equipment and apparatus.
Responds to fire alarms and medical emergencies with the company and assumes
cormnand until relieved by a superior officer; provides medical emergency care.
Supervises and trains other personnel in maintenance activities.
Assists in the preparation of the fire department budget.
Assists the Fire Chief as necessary, takes cormnand in emergencies, as
appropriate, unless relieved by a superior officer and reviews actions to
maintain optimum results with the maximum protection of life and property and
minimum danger to fire fighting personnel.
Ensures effective utilization and motivation of all subordinate personnel.
Directs and reviews supervisory practices, ensures effective communications,
reviews problems and directs the work of subordinate employee.
Assigns duties to employees under his cormnand. Upon a request of a superior
officer, makes recormnendations relating to the hiring, transfer, suspension,
promotion, discharge, assignments, reward or discipline of subordinates.
Maintains individual fire fighting skills, including physical conditions. Stays
abreast of developments in the firefighting field and changes in related laws
and ordinances.
Performs other work related to the position and as directed by the Assistant Fire
Chief.
EDUCATION AND TRAINING RE UIREMENTS:
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Graduation from high scho 1 or equivalent, supplemented by course work in fire
suppression activities; at least seven (7) years of actual experience in
firefighting and conside able experience in maintenance and repair of fire
equipment and related apparatus.
QUALIFICATIONS:
Considerable knowledge of the principles, practices and procedures and equipment
use in modern firefighti g and protection of life and property from fire.
Ability to plan, instal
operations and activitie .
the rules and regulations of the fire department,
e location of streets, principal buildings and fire
Considerable knowledge
geography of the city,
hydrants.
and carry out assigned programs of departmental
Considerable skill in ope ating and maintaining a variety of specialized tools,
equipment and apparatus.
Considerable knowledge 0 practices, methods, tools and materials used in the
maintenance of equipment used in modern firefighting.
Ability to prepare and pr sent effectively oral and written informative materials
relating to the activiti s of the fire department.
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Ability to establish and aintain effective working relationships with other city
officials, civic and off"cial groups and the general.
EXAMPLES OF PERFORMANCE
Establishes effective wo king relationships with others.
Carries out assignments nd duties under limited supervision.
Prepares personnel repo ts, fire reports and such other routine and special
reports as required in a accurate manner.
Maintains due regard for the safety and welfare of personnel under his command.
Provides direction and a sistance in the development of subordinates.
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WASHINGTON COUNTY COORDINATED NARCOTICS
JOINT POWERS AGREEMENT
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This agreement is entered into between the County of Washington by and
through the Office of the Washington County Sheriff and the City of
Stillwater, by and through its police department (herein after collectively
referred to as "the parties").
The purpose of this agreement is to promote the effective enforcement
of the laws of the State of Minnesota, particularly as they relate to laws
concerning controlled substances. Because of the nature of controlled
substances vi 01 ati ons, enforcement of such 1 aws can best be accompl i shed
by a multi-jurisdictional unit operated under the control and direction of
a central authority.
NOW, THEREFORE, pursuant to the authority vested in the parties
pursuant to Minn. Stat. ~ 471.59, the parties agree as follows:
1. Staffing.
A. Washi ngton County. The Offi ce of the Washi ngton County
Sheriff for the duration of this agreement will provide the Narcotics
Unit with four (4) licensed peace officers who shall be assigned on a
full-time basis to the narcotics unit. At least one such officer shall
hold the rank of sergeant and shall be responsible for the supervision
of all peace officers assigned to the narcotics unit.
B. Cities. The city shall provide the Narcotics Unit one
1 icensed peace officers who shall be assigned to the unit on an
exclusive and full-time basis commencing January 1, 1990, for a term
of not less tharr one (1) year.
2. Supervision and Selection. The sheriff shall have the sole and
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exclusive right to determine which deputies shall be assigned to the
unit pursuant to paragraph 1 (A) . The chi ef of pol i ce of the city and the
sheriff shall jointly determine which officer of the city shall be assigned
to the unit pursuant to paragraph l(B), provided~ however, that if the unit
supervisor or chief of police at any time during the officer's assignment
determines that the officer's assignment is harmful to or not compatible
with proper operation of the unit, the assigned officer may be removed from
the unit and the chief of police and sheriff may again exercise the joint
right to assign another officer from the city.
3. Exclusive Assignment. The parties agree and understand that an
officer assigned to the unit shall be exclusively assigned to the unit for
the entire duration of the assignment and except for court appearances or
similar duties shall be relieved by the department from all other assign-
ments whi 1 e assi gned to the unit. Control of schedul ing of hours worked
shall rest in the unit supervisor.
4. Salary and Benefits. Each party shall be solely and exclusively
responsible for the payment of salary and all related benefits, including
worker1s compensation and liability protection and defense for the officers
of the department assigned to the unit. The parties agree that they will
each assist and complete any necessary time-keeping and related records for
any officer assigned to the unit. In the event of an incident which
results in personal injury to the officer or a significant potential for
liability the agency assigning the officer shall be so notified as soon as
possible.
5. Equipment and Supplies. The Office of Sheriff shall provide to
members of the unit such equipment as is necessary for the unit, except for
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the offi cer I s personal weapon, such as motor vehi cl es and communi cati on
devices and such support/clerical staff as is needed.
6. Forfei ture Proceeds. Property sei zed and successfully forfeited
pursuant to Minn. Stat. ~ 609.531 et seq. results in seventy percent (70%)
of the money or proceeds from the sale of property being distributed to the
"appropriate agenci'. The parties agree that property forfeited as the
result in whole or in part of the efforts of the unit members shall be
distributed in the manner as set forth in this paragraph without regard to
where the property was sei zed and without regard to whi ch offi cer or
officers participated in the specific case.
The parties agree that from the proceeds there will first be deducted
the overhead costs of the investigation incurred by the sheriff's office,
such as county-paid buy money, but which shall not include staff time, and
the sheriff's office shall be reimbursed for the same. The proceeds shall
then be divided as follows: Each party shall receive an equal and propor-
tionate share of the proceeds based upon the number of full-time positions
annually provided to the narcotics unit. By way of example, if the unit
consists of seven full-time positions and a party provides one full-time
pos it i on for one year, that party woul d recei ve one-seventh of the for-
feiture proceeds generated during that year.
7. Duration of Agreement. This agreement shall be for one year,
commencing on January 1, 1990, and it will be automatically renewed on an
annual basis unless any party provides written notice at least sixty (60)
days prior to the renewal date of a decision to withdraw from the agreement
or a desire to amend. the agreement.
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For:
Dated:
For:
Dated:
For:
Dated:
IN WITNESS WHEREOF:
Washington County Sheriff
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Stillwater Police Department
City of Stillwater
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Approved as to Form:
Assistant County Attorney
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Approved as to F~rm:
City Attorney
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Mayo r
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ST~FF REQUEST ITEM
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DEPRRTMENT
POLICE
MEETING DRTE
December 19) 1989
DESCRIPTION OF REQUEST (Briefly outline what the request is)
2 Disks and 2 chairs for them (All to be used items). Purchases would be from one
of our current office supplies venders) Business Equipment Brokerage.
One desk is to replace the desk being used in the Investigators office that has a
hole in the top. One chair for this desk as the one being used there now is the
chair with the broken base that was in the Sergeants office.
One desk is for the Sergeants/Captains office and the other chair is for this desk.
There aren't any of the old Council chairs left.
---------------------------------------------------------------------
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,
If the second desk is allowed there will be a used 30" X 60" computer table available
for sale or relocating within the City Departments.
----------------------------------~----------------------------------
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FINANCIRL IMPACT (Briefly outline
associated with this request and
needed to fund the request)
the costs, if any, that are
the proposed 'source of the funds
The desks are $250.00 each ($500.00) and the chairs are $150.00 each ($300.00) for
a total of $800.00.
We have the necessary monies for these purchases in our "General Account" (4060-21.01)
----------------------------j----------------------------------------
RDDITIONAL INFORMATION ATTACHED
YES
NO
X
ALL COUNCIL REQUEST ITEMS ~~~I BE SUBMITTED TO THE CITY CLERK R
MINIMUM OF FIVE WORKING DRYS PRIOR TO THE NEXT REGULARLY SCHEDULED
COUNCIL MEETING IN ORD 0 BE PLACED I COUNCIL MATERIAL PACKET.
SUBMITTED BY ___j___~_~.
DATE
December 15, 1989
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MEMORANDUM
TO:
Mayor and city Council
FR:
steve Russell, Community Development Director
DA:
December 12, 1989
RE:
1990 DOWNTOWN PARKING MANAGEMENT PROGRAM
Background:
At the Council meeting of December 5, 1989, the City Council directed staff to
remove the parking meters in the downtown area and enforce parking regulations
by chalking tires.
In order to carry out this direction, additional parking program details are
necessary including parking time limits, fine structure, hours of enforcement
and budget. This report provides some of the detail. After Council agreement
on fine structure and parking limits, the parking ordinance can be changed (City
Code Chapter 51.01) and meters removed and signs posted.
Below, basic components of a parking program are described. The Council can
consider the various components and approve or change them.
Recommendation:
~ Approval of No Meter Parking Program components and budget and direct staff to
remove meters, order and install signs and prepare necessary implementation
ordinance.
Attachement: Parking Program Budget
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PARKING MANAGEMENT PROGRAM
Components
Meters
All meters on street and in parking lots shall be removed.
CoImnent:
This can be done when public works man power is available. The
poles should be capped and signs posted on the meter poles as
appropriate indicating the parking time limits.
Time Limits
All on street parking spaces shall be two (2) hours and all public lots
four (4) hours.
Comment:
This distinction makes it easy to understand, on street two ( 2 )
hours, lots four (4) hours. With the four (4) hour limit, employees
will be able to park in public lots four (4) hours a.m. and four (4)
hours p.m. These time limits are similar to the existing
arrangements.
Handicapped Spaces shall be removed from street and relocated to the four
City lots as required by state law.
CoImnent:
The parking survey indicated that the on street handicapped spaces
were not used and are not safe. Handicapped spaces will be set aside
in each City parking lot.
15 Minute Spaces
Fourteen (14) - 15 minute spaces shall be posted at key convenience
locations.
CoImnent:
There are currently some 15 minutes spaces that are no longer needed.
These spaces shall be removed and replaced with two hours spaces.
Fourteen (14) - 15 minute spaces will remain.
Monthly Permit Parking
Maintain present $5 per month rate for permit parking and allow permit
parking in Maple Island, River and Auditorium parking lots.
CoImnent:-
The permit would allow employees to park in these three lots without
moving their car every four (4) hours during the working day.
Hours of Operation
It is suggested that the parking limits (two hours on street and four hours
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in parking lots) be in effect six days a week Monday through Saturday,
8 a.m. - 6 p.m.
Comment:
A weekday 8 to 6, 60 hour parking program can be enforced by the of
one full-time enforcement officer as provided in the budget. This
means there will be one day minimum per week when there will be no
enforcement. Parking on Sundays or in the evening will not benefit
from the program. Employer control of employee parking, on weekends
particularly, will be necessary to provide customer parking.
Budget
A budget for the program has been prepared. It includes one full-time
employee under the supervision of the public safety director. Other
parking related costs that appear in the budget include bond payment for
the South Main lot ($5,500) and cost of leasing the River lot from
Burlington Northern ($7,135). Forty (40) hours of enforcement would be
provided. Enforcement would include a 40 hour work week including chalking
ties, writing tickets and follow-up recordkeeping for monthly reports.
Comment:
The actual costs and revenues of the parking program will be tracked
for a full account can be provided for city services for the coming
year.
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Employee Parking
Employee parking is critical to the management of downtown parking. One
hundred eighty-eight (188) spaces are provided in the River, Maple Island
and Auditorium lots for employees. Other four (4) hour public lot spaces
could be occupied by employees without employee monitoring.
Ticket Rate
Increase the ticket rate to $5 for tickets paid within 10 days, $10 after
10 days and before 30 days and $15 thereafter.
Comment:
This rate structure increases the ticket from the existing $2 to $5.
Five dollars along with better enforcement may act as a deterrent to
parking violations. The current $2 with little enforcement does not
work.
Schedule
The new parking program can begin as soon as the meters are removed, time
limit signs installed and the parking ordinance amended. It is estimated
this can be accomplished by March 1990.
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Cooperation
It will be critical that employers control employee parking locations to
make sure employees do not park on street or in the Reeds or South Main
lots. Without cooperation, customer spaces will be limited.
ESTIM~TED VEHICLE TIRE CH~LKING BUDGET COSTS
~CCOUNT
DESCRIPTION
ITEM
FULL YE~R
8 MONTHS
-----------------------------------------------------------~---------------------------------------------
---------------------------------------------------------------------------------------------------------
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MEMORAND-UM
TO:
Mayor and City Council
FR:
steve Russell, Community Development Director
DA:
December 11, 1989
RE:
GRANT FOR LOWELL PARK EXTENSION
In June the City Council authorized application for a Community Development
Outdoor Recreation Grant to purchase Mulberry point as an extension of Lowell
Park (memo attached).
The City has received notice from Commissioner Speer that the grant request has
been approved by the state for $200,000. This amount could be used to assist
the City in the purchase of Mulberry Point.
Recommendation: Accept grant and direct staff to negotiate price for park area.
Attachment: Letter from Commissioner Speer November 27, 1989
Council Memo June 13, 1989
~~ \ .
~>, " Minnesota Department of -
.' , Trade-and EConomic Development:
Office of the Commissioner
900 American Center
150 East Kellogg Boulevard
St. Paul, MN 55101-1421
612/296-6424
Fax: 612/296-1290
November 27t 1989
Mr. Steve Russell
Community Development Director
216 North Fourth Street
Stillwatert MN 55082
RE: FY 1990 Outdoor Recreation Grant Community Development Application
Lowell Park
Dear Mr. Russell:
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I am pleased to inform you that the outdoor recreation project included on
your Community Development Application has competed successfully for funding.
We anticipate being able to offer you an Outdoor Recreation grant of $200tOOO
contingent upon the final processing of your application. We expect to be able
to complete this process as soon as possible. You will be contacted shortly by
Outdoor Recreation Program staff regarding the final processing.
DO NOT incur any project costs. This notice does not constitute final
approval of your project. Any work donet money spentt or obligations incurred
for acquisition or development of your projectt prior to final approvalt are
ineligible and cannot be paid for with grant funds or used as the local share.
The Community Development staff are looking forward to working with you on
this projeCt.
;t)~Il~
David J. s:f; ~
Commissioner
DJS:sm
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1990
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An Equal Opporrunity Employer
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r illwater
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THE BIRTHPLACE OF MINNESOTA J
TO:
FROM:
DATE:
MAYOR AND CITY COUNCIL
STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
JUNE 13, 1989
SUBJECT: APPLICATION FOR PARKS AND RECREATION GRANT TO
PURCHASE MULBERRY POINT.
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A preapplication was submitted to the State Department of
Community Development for consideration of a Lawcon grant
to assist in purchase of Mulberry Point. After meeting with
State officials, it appears as though the project has a
good chance of funding. The grant is a 50/50 match up to
$200,000 State share. In order to file a final application,
a plan and appraisal for the site is needed. It is
estimated that the cost of the appraisal would be about
$1,500.00. .
RECOMMENDATI ON:
Authorize Staff to obtain appraisal for Mulberry Point
property.
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CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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IllUSTRATIVE PLAN
STILLWATER DOWNTOWN PLAN
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MEMO
TO: Mayor & City Council
FR: Diane Deblon, Finance Director
DA: December 14, 1989
RE: 1990 Capital Outlay
Part of the 1990 Budget that was approved on December 5, 1989 relates to
capital outlay requests for 1990. It has been past practice of the Council
to address the issue of capital outlay (and the bonding r~quirements thereof)
separately. As such, the 1990 capital outlay requests are presented on a
separate schedule in the front of the 1990 budget wonksheets (these are the
1990 budget books used at the 12/5/89 meeti ng ) booklet for the City Council
review.
After review, discussion and recommendations by the City Council, approval
of the 1990 capital outlay expenditures is needed to be included in the
1990 Budget.
CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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RESOLUTION NO.
DESIGNATION OF DEPOSI'fORIES FOR 1990
BE IT RESOLVED that the City of Stillwater has designated the following as City
depositories for the year 1990:
Cosmopolitan state Bank
Firstar Bank of Stillwater
Norwest Bank
Metropolitan Federal Bank
Piper, Jaffray and Hopwood
Marquette National Bank, Minneapolis
American National Bank, st. Paul
Shearson, Lehman, Hutton
Adopted by Council this 19th Day of December 1989.
ATTEST:
City Clerk
Mayor
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RESOLUTION NO.
AMENDING THE 1990 BUDGET
Whereas, the City Council of the City of Stillwater has previously adopted the
1990 Budget for the General Fund on December 5, 1989; and
Whereas, the City Council of the City of Stillwater has approved additional
expenditures in the police department for the purpose of implementing a narcotics
task force member; and
Whereas, additional personnel costs for the police captain position were not
included in the 1990 Budget; and
Whereas, it is the intent of the City Council to include these expenditures in
the 1990 Budget.
Now, therefore, be it resolved, by the City Council of Stillwater, Minnesota that
the following amendments be made to the 1990 General Fund Budget:
1990 1990
Original Amended
Police Dept. Budget Budget Inc/(Dec)
Personal Services $882,217 $924,051 $41,834
e Supplies 34,137 26,541 (7,596)
Services & Charges 91,650 91,113 (537)
Miscellaneous 34,399 30,019 (4,380)
Total excluding c/o $1,042,403 $1,071,724 $29,321
Adopted by Council this 19th day of December 1989.
Mayor
Attest:
City Clerk
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M E M 0
TO:
FROM:
DATE:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
DECEMBER 14, 1989
APPOINTMENTS/REAPPOINTMENTS TO VARIOUS BOARDS & COMMISSIONS FOR
1990
I sent a Memo to the Chairpersons of the various commissions asking for input
regarding those members whose terms are expiring and if they would care to be
reappointed. The replies follow:
Port Authority
Bob Thompson, the current Chairman, and whose term is explrlng, stated he
does not wish to be reappointed -- because of the press of business and
also his business is located on top of the hill rather than downtown.
Mr. Thompson will forward a letter of resignation.
Jim O'Brien stated he does wish to be reappointed.
4It Heritage Preservation Commission
Please see the attached Memo from Ann Pung-Terwedo, Ass't. Planner.
To date, the Planning Commission and Parks & Recreation Board have not
contacted me.
Joint Cable Commission
Also, Anne Bodlovick's term on the Cable Commission expires on January 31,
1990.
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M E M 0
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TO:
FROM:
DATE:
SUBJECT:
BOB THOMPSON
CHAIR, PORT UTHORITY
MARY LOU JOH SON, CITY CLERK
DECEMBER 7, 989
APPOINTMENTS REAPPOINTMENTS TO STILLWATER PORT AUTHORITY FOR
1990
Following, for your infor ation, is a list of members of your Committee whose
term will be expiring in he next few weeks. Please check with these people
to see if they wish to co tinue to serve on the Stillwater Port Authority and
let me know (439-6121) by December 14, 1989.
~;
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James S. OIB ien
509 South Greeley Street
Home: 439-2146
Stillwater Port Authority
(Term expires 12/31/89)
Bob Thompson
917 North Owens Street
439-3404
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TO:
FROM:
DATE:
SUBJECT:
M E M 0
ANN PUNG-TERWEDO, ASS'T. PLANNER
MARY LOU JOHNSON, CITY CLERK
DECEMBER 7, 1989
APPOINTMENTS/REAPPOINTMENTS TO HERITAGE PRESERVATION COMMITTEE
FOR 1990
Following, for your information, is a list of members of the Heritage
Preservation Committee whose term will be expiring in the next few weeks.
Please check with these people to see if they wish to continue to serve on the
Heritage Preservation Committee and let me know by December 14, 1989.
Heritage Preservation Commission
(Term expires 12/31/89)
Jeff Johnson
309 South Fifth Street
Home: 439-2179
Marl ene Workman
5674 O'Brien Ave. No.
439-8206
Raymond Zaworksi
1024 North First Street
Home: 439-1855
Replacement for Maurice
Stenerson (term expires
12/31/91)
f?
't~y
illwater
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THE BIRTHPLACE OF MINNESOTA
MEMORANDUM
TO:
Mayor and City Council
FR:
Ann Pung-Terwedo, Assistant
Planner ~)
DA: December 14, 1989
RE: HERITAGE PRESERVATI N COMMISSION MEMBERS
Marlene Workman, Jeff Joh son and Ray Zaworski wish to continue to serve on the
Heritage Preservation Co ission.
Bob Kimbrel has been re ommended by the Heritage Preservation Commission to
replace Maurice stenerso. I have attached his preservation resume'.
Duane Hubbs has
Commission. The
meeting.
osen as Chairperson of the Heritage Preservation
of the Commission appointed him at their December
CITY HAll: 216 NORTH OURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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ROBERT I. KIMBREL
724 W. Oak st.
stillwater, Minnesota 55082
612-439-5502
Concerning historic preservation:
1. We live in an older home, built in 1882. It was the
historic community, amongst other reasons, that attracted
the family to stillwater.
2. Demonstrated continued interest in preservation, joining
the only group we knew of River Town Restoration, as soon
as we moved to stillwater.
3.
Elected Vice-President, River Town Restoration, after six
months. Key results of committees I chaired: developed
educational program to utilize guest speakers on historic
issues, at monthly meetings; developed expanded use and
design for monthly communicating bulletin to all members;
membership committee increased active participation by
25 percent in 1989.
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4. Extensive international travel for business in the past
limited opportunity to maintain involvement in
preservation activities. First participated in
restoration of Cedarhurst in Washington County when owned
by Frank Murphy. .
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TO:
FROM:
DATE:
SUBJECT:
M E M 0
JERRY FONTA NE,
CHAIR, PLAN ING COMMISSION
MARY LOU JO NSON, CITY CLERK
DECEMBER 7, 1989
APPOINTMENT /REAPPOINTMENTS TO PLANNING COMMISSION FOR
1990
Following, for your info mation, is a list of members of your Commission
whose term will be expir.ng in the next few weeks. Please check with these
people to see if they wi h to continue to serve on the Planning Commission and
let me know (439-6121) b December 14, 1989.
Planning Commission
(Term expires 12/31/89)
Mark Ehlenz (has moved out of City)
2830 Woodri ge
Home: 439- 697
Jean Jacobs n
1338 South ifth Street
Home: 439- 805
~y
Nancy Putz (submitted a letter of resignation)
93 Maryknol Drive
Home: 439- 815
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TO:
FROM:
DATE:
SUBJECT:
M E M 0
WAYNE WOHLERS
CHAIR, PARK & RECREATION COMMISSION
MARY LOU JOHNSON, CITY CLERK
DECEMBER 7, 1989
APPOINTMENTS/REAPPOINTMENTS TO PARK & RECREATION COMMISSION FOR
1990 /
Following, for your information, is a list of members of your Commission
whose term will be expiring in the next few weeks. Please check with these
peop1e to see if they wish to continue to serve on the Park & Recreation
Commission and let me know (439-6121) by December 14, 1989.
Parks & Recreation Board
(Term expires 1/1/90)
Thomas L. Thoreson
602 South Holcombe Street
Home: 439-6578
(replacement for
Dr. Duane Nelson)
David G. Junker
1806 West Olive Street
Home: 430-0650
Fredrick "Tom" Lammers
437 South Broadway
Home: 439-1422
Robert McGarry, III
1405 Lookout Street
Home: 439-6345
Susan F. Supina
2406 Oak Ridge Road
Home: 439-2106
November 24, 1 89
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Mayor'jCi ty Cou ci 1
216 North 4th treet
Stillwater, MN 55082
Dear Mayor and City Council members:
Please re arc this letter as an indication of my
interest in th vacancy on the Park and Recreation Board.
A three-y ar resident of Stillwater, I an married with
three children of elementary school age. I am currently
employed in a anagerial position with Food and Fuel Inc.,
while my wife's an elementary school teacher in the
Centennial Sch 01 District. I have been active in the
St. Croix Vall y Athletic Association and plan to continue ...
in the areas 0 softball and baseball supervision. ..,
I have ad.ired the Stillwater Park System and public
recreation pro rams. It would be a pleasure, and I would
welcome the op ortunity and challenge, to worle to continue
and expand the e fine facilities and programs.
Sincerely,
d:h 1tW'E-.~~ ~r-
Douglac E. Hart~an
1323 So. ~th St.
Stillwater, MN 55082
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November 27, 1989
Dear Mayor Abrahamson and Council Members,
I would like to submit my name for consideration for the vacancy
on the Stillwater Park and Recreation Board. I believe with my experience
supervising the Washington County Parks I can be an asset and bring new
ideas to the City.
If you would like further information, please feel free to contact
me.
Sincerely,
~
Michael Polehna
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THOMPSON ~IUilV'aijjj) HARDWARE, INC.
o 125 SO. MAIN STREET
STILLWATER, MN 55082
PHONE (612) 439-1765
o RIVER HEIGHTS PLAZA
STILLWATER, MN 55082
PHONE (612) 439-0156
Dec. 14, 1989
Mary Lou Johnson, City Clerk
Municipal Bldg.
216 No. 4th. St.
Stillwater, Mn. 55082
Dear Mms. Johnson,
Due to my present circumstances, and my availability to the time element
I find it impossible to continue as a member of the I1Stillwater Port Authority".
Therefore, I do not wish to be reappointed at this time and I feel that
I would not do the job as it is intended. Thankyou to all the City Officials
and members of the P. A. , it has been a pleasure and a exciting experience to
serve with this group.
Have a joyous Holiday ,Season and a healthy and Happy New Year!
Sincerely, I
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MEMORANDUM
TO:
Mayor and City Council
FR:
City Coordinator
DA:
December 12, 1989
RE:
PARKING ENFORCEMENT OFFICER
As has been discussed several times in the past, I would recommend that the City
Council establish a classification for a Parking Enforcement Officer. The
position would be filled by a non-licensed (i.e., not a peace officer) member
of the police department, would be subject to the Public Safety Department's
rules and be covered by the AFSCME labor agreement.
I would further recommend that Steven Scott Montbriand be appointed to this
position and that he receive a monthly salary of $1,851. This is the maximum
salary for this classification that has been tentatively agreed to by Matt
Nelson, Business Agent for AFSCME Council, and myself for 1989. The salary will
be looked at during negotiations for the 1990 AFSCME Contract. Acceptance of
the 1989 salary is contingent upon Council approval.
A portion of Mr. Montbriand' s salary will be paid by Worker's Compensation
Insurance. I am not sure exactly how much will be paid by Worker's Comp but it
will basically be the difference between what he was paid as an H.E.O. and what
he will be paid as a Parking Enforcement Officer.
I have enclosed the following for your review and approval:
1. Job description for Parking Enforcement Officer;
2. Comparative salaries of the Cities of Mpls. and st. Paul; and
3. Revised 1989 salary schedule for AFSCME agreement to include Parking
Enforcement Officer.
If the Council approves, a resolution appointing Steven Scott Montbriand to the
Parking Enforcement Officer position should be adopted.
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POSITION TITLE: PARKING ENFORCEMENT OFFICER
DEPARTMENT: PUBLIC SAFETY
ACCOUNTABLE TO: PUBLIC SAFETY DIRECTOR
POSITIONS SUPERVISED: NONE
Primary Objective:
The maintenance and repair of parking meters, the collection of meter monies and
the enforcement of parking regulations in the Central Business District.
Primary Areas of Responsibility:
Assists in the planning, organizing and direct~ng of the Central Business
District parking enforcement program.
Ensures effective maintenance of parking meters, collection of meter revenues
and enforcement of the parking meter ordinance.
Installs and removes parking meters; attaches parking instructions.
Assembles and disassembles parking meters; washes, inspects, replaces and
reassembles parts.
Winds and sets meter timing gear mechanisms; tests mechanisms for accuracy.
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Places and removes special parking meter control covers and traffic barricades.
Records repaired or replaced meter serial numbers and time and date of repair
or removal.
Investigates complaints and prepares written reports; maintains records.
Inspects equipment and recommends repair or replacement.
Maintains a motor vehicle maintenance schedule for assigned vehicles.
Prepares and presents reports as requested.
Writes, issues and records summonses for parking violations, vehicles in tow
away zones or truck zones, blocking building entrances or fire hydrants or in
violation of rush hour zones.
Monitors parking meters and reports damaged and inoperative meters.
Provides information to the public concerning parking regulations, building
locations, directions and other information.
Testifies in court concerning the issuance of parking summonses.
Education and Training Requirements
e Graduation from high school or equivalent. Experience or ability to repair
small mechanisms such as clocks or coin operated machines.
e Qual if ications
Knowledge of practices, methods, tools and materials used in the maintenance an
repair of parking meters.
Ability to diagnose and repair parking meters.
Ability to carry out assigned duties and responsibilities associated with parking
meter maintenance and enforcement program; ability to prepare and present oral
and written reports.
Ability to establish and maintain effective working relationships with other city
personnel and the general public.
Working knowledge of preparing parking summonses and associated records.
Considerable knowledge of local parking rules and regulations.
Examples of Performance Criteria
Establishes effective working relationships with others.
Carries out assignments with limited supervision.
Prepares reports in a t~nely and accurate manner.
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Maintains due regard for the safety of the general public.
Keeps meters and associated equipment in maximum, effective working condition
and effectively enforces the parking ordinance.
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e COMPARATIVE SALARY
SCHEDULE FOR
PARKING ENFORCEMENT OFFICER
New
Parking Salary of Other
Enf. Off. Enforcement Officers
(Proposed) *CSO Mpls. st. Paul
0-6 mo. 1378 1516 1404 1357
6 mo. - 1 yr. 1464 1610 1404 1405
1 yr. - 2 yr. 1550 1705 1404 1461
2 yr. - 3 yr. 1636 1800 1495 1518
3 yr. - 4 yr. 1722 1895 1648 1585
4 yr. - 5 yr. 1765 1942 1709 1585-
5 yr. - 6 yr. 1765 1942 1789 1655
6 yr. - 7 yr. 1765 1942 1852 1655
-- 7 yr. - 10 yr. 1765 1942 1928 1655
10 yr. - 15 yr. 1808 1990 1928 1704
15 yr. - 20 yr. 1851 2037 1928 1746
20 yr. - 25 yr. 1851 2037 1928 1765
25 yr. + 1851 2037 1928 1784
*For internal comparison
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Asst.Planner 1685 1790 1895 2000 2106
prr R. \< \ tJ G-- ~ tJ F, i 31 S' I 11 & Lf J 5 Sol G 3 0 i 1 1--1-- i'7 b ~ I g () f1 18 S i
Employees shall also receive longevity pay according to Article 11.4.
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e MEMORANDUM
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TO: Mayor and city Council
FR: steve Russell, Community Development Director
DA: December 13, 1989
RE: LOT LINE ADJUSTMENT RESUBDIVISION FOR LOT LOCATED AT 1417 WEST PINE
CASE SOO/89-81
The request is to add the west 12' of Lot 6 McKinstry and Seeley 1st Addition
to existing Parcel 2. As shown on the certif icate of Survey, buildings on Parcel
2 encroach on Lot 6. The adjustment will correct that situation. Parcel 2 and
remaining Lot 6 meet lot area and setback requirements. The resubdivision will
not effect the developability of the remaining parcels.
Recommendation: Approval
Attachment: Application and Certificate of Survey
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3000'
Fee Paid ___________~___
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Date Filed _.L?=.=ll.:::t!.2__
PLANNING ADlv\INISTRATIVE FOR^,\
Street' Location or Property: ___.L!i.l:z.L_flL=-_..L?t.'!g..;.________~___.:.____
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Legal Doscription of Property: ________________________________________
Owner: Name ----.;?.t.?..f2l:L~Ll__~-~-LS-'{~~~-LL----------~--
Address ___!.~{7_~__PL/]~~_____ Phone: __1:.2.r~(eL?L (w)
Ao"olicant (if other than oW]ier): Name ____________________:..__.__________
. . .
. .
Address______________________________ Pho~e:--------~------
Type of Request.'
_.-- Rezoning
___ Special Usa Permit"
___ Variance
___ Approval or Preliminary Plat
"-X;. Approval 'of Final P.la~ :~'r1'"L-
:__ Other_________~_________
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. .' Desc:iption or Request: A.d.d;tlin4.-_it.J.i'JL_L2-!.._t2f=.:.~t:~-.Ltl.k.K//1-.'
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S. t fA 10;' Ar-__'L" ~
. Igna ure o. pp Icon,: __~~_'/_'-____ ....' : .
Date or Public Hearing: _____._______________________________.....___~~___
( . .
NOTE: Sketch of proposed 'property and structure to be dra\YIl.on back 0:_ thii io~r ~t:"',.
tach ed., showin g the following: . . '. f.c)~ !, _.' ':\. .
1. North direction. .:;- . , L~? 1989 .' ":'..
2. Location of proposed structure on lot. ~';"/prryQ i-,,;;.t(J _~
3. Dimensions of front and side set-backs. ...- sr:~STIl.[w.4rl:R...I.. ~~J
4. Dimensions of proposed. structure. 0,' ~. '1:t;.~R, ,;
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5. St..eet names. : 0. ..:.<~.
6. Location of adjacent existing buildings. . ~ 6/21:'r _ ::_'.:}.~J'
7. Other iniormation as may be requested. ( '. . .
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Approved ___ Denied '--.- by tho 'PI~.mning Commission on ___________ (date)
subiect to the following conditions: ________..:________________~__:..______
------------------------------------------------------------------
Approved ~__ Denied ___ by the Council on ________________ subie~.t~. .the
'. -- .~ .'. following conditions: .:._..:__..:~..:.._______..:.___..:._____~:.:,...~---------:..-.--:..---
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SURVEY OF
THE WEST 12' OF LOT 8 &
LOTS 7,8,9,10,11; & 12, BLOCK 5,
McKINSTRY and SEELEY FIRST ADDITION
CITY OF STILLWATER,
WASHINGTON COUNTY, MINNESOTA
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2722 Highway 694
New Brighton. MN 55" 2
(612) 631.0351
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MEMORANDUM
TO:
Mayor and city Council
FR:
steve Russell, Community Development Director
DA:
December 13, 1989
RE:
LOT LINE ADJUSTMENT RESUBDIVISION FOR LOT LOCATED AT 324 HAZEL STREET
CASE NO. SUP!89-80
The request is to add Parcel "D" as shown and described in the Certificate of
Survey to Lot 3. Parcel D is currently owned by the Minnesota Transportation
Museum and the existing dwelling encroaches on the parcel.
The 17.5' by 16.5' triangular parcel would be added to Lot 3. An 8 foot
temporary and construction easement would also be provided to allow maintenance
of the existing residence.
The subdivision does not effect the developability of the lot or cause any zoning
inconsistencies.
Recommendation: Approval (resolution)
~ Attachment: Application and Certificate of Survey.
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Date Filed ____~_________
PLANNING
ADI\AINISTRA TIVE FORJ'v\
_____3_ 2_t__J~_~~_~. ~5di c-
<:+..<s~+ 'i"Irntinn of Prooertv1
All that part of the East 118.00 feet of the North 78.00 feet of Lot 3, Block 54,
Carli and Schulenburg's Addition to Stillwater, Washington County, Minnesota,
lying southwesterly of the northeasterly right-of-way of the Minnesota Transportation
Museum Railroad right-of-way, (formerly Northern Pacific Railroad Company);
together with a temporary construction and building maintence easement 8.00 feet
in width and adjoining the above described parcel along the westerly and southerly
lines thereof, the westerly and southerly lines of the said 8.00 foot wide strips
being extended northerly and easterly to said Railroad right-of-way and extended
southerly and westerly to their point of intersection.
,.......~.--,.-.. ____~~_\(..~.L~_~!_~~_______ t'hone: -.i.-=--f'-__.,f_J_____
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Type of Request:' --_ ~ezonin9 ~__ Approval 9f Preliminary Plat
--- Spacial Use Permit ___ Approval of Final Plat
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___ Variance :...?'\,. Other ___________________
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DeSCrlp.lon of Request: --~--IfZ.----:---~----r--------~-------------
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1..=--Lbu . &c.'"'llun-( Signature of Applicant: __ ~J~--" ~~~_~ .
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Data of Public Hearing: -----------------________-::L~2___________
NOTE: Sketch of proposed 'property and structure to be drawn.on back of this form or at-
tached, showing the following:
1. North direction.
2. Location of proposed structure on lot.
3. Dimensions of front and side set-backs.
4. Dimensions of proposed structure.
5. Street names.
6. Location of adjacent existing buildings.
7. Other information as may be requested.
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subiect to the ~0llowin9 conditions: ---------..:----------S~~~s~LZ:.----
----------~-----------~-------------------------------------------
Approved --- Denied -__ by the Council on ________________ subiect to the
following conditions: ______.:_____________________..;.___________________
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CERTIFICATE OF SURVEY:
BARRETI'M. STACK 0
STILLWATER, MINN. "082
lo!INNUOTA RECISTEUD
o' LAND SIJIlV!YOIl
'N. Nt. 439-5&30
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JOB NO. None
SURVEY MAP! EXCLUSIVELY FOR. Swager Bros.. I nc., 5898 Omaha Ave. No., St III water, HN 55082
DESClurnON. PARCEL l: DESCRIPTIOH:
All that part'of the East.43.00 feet of the North 86.00 feet 6f lot 5, Block 54. .
Carll and Schulenburg's Addition to Stillwater.. Washington County. Minnesota, lying
southwesterly of the northeasterly rlght~of-way of the Minnesota Transportation
Museum RaIlroad right-of-way, (formerly Northern Pacific Railway Company); .
together with. a temporary construction 'and building malntalnence easement 8.00 feet in
....Idth and adjoining the above described parcel along the westerly and southerly lInes.
thereof, the westerly and'southerly lines of said 8.00 foot wlde.strlps being .
extended northerly and easterly to said RaIlroad right-of-way and extended southerly
and westerly to their poInt of Intersection. -
PARCEL D DESCRIPTION: .
All that part of the East 118.00 feet of the North 78.00 feet of Lot 3. Block 54.
Carli and Schulenburg's Addition to Stillwater, Washington County, Minnesota. lying
southwesterly of the northeasterly rlght-ot-way of the Minnesota Transportation.
Museum Railroad right-or-way, (formerly Northern Pacific Railway Company);
together with a temporary construction and building malntalnence easement 8.00 feet In
width and adjoining the above described parce.l along the westerly and southerly lines
thereof, the westerly and southerly lInes of said 8.00 foot wide strips being
extended northerly and easterly to said Railroad right-of-way and extended southerly
and westerly to their point of intersection. .
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NOTES:
No field survey of the above described
. Parcels C and 0 h~s been condu~ted in
conjunction with the preparation of these
descriptions. Field data obtained In
July of 1982 was used in the computation
~of-these-parcels.-~---.-~--_.. - ~- ---
As directed, these parcels clea~ the
outside bulldlng wall lines by a minimum
of 2.0 feet. Eaves or other projections
from the buildings were not located.
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e MEMORANDUM
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TO: Mayor and City Council
FR: steve Russell, Community Development Director
DA: December 13, 1989
RE: . REQUEST FOR TAX INCREMENT FINANCING ASSISTANCE FOR OFFICE BUILDING AT
NORTHEAST CORNER OF MULBERRY AND NORTH MAIN STREET
The attached request has been received for tax increment financing assistance
for development along North Main street. According to the recently Council
approved TIF Policy, pr~application information has been provided by the
developer along with a $3,000 cash deposit to cover City cost of requested
review.
In order to discuss the request further, the City Council should approve the
attached resolution and set a date for a study session to discuss the project.
Recommendation:
Approval of Resolution agreeing to consider the request for
assistan~e . and set a study session meeting date (possibly
January 8, 1990).
Attachment:
Preapplication information and resolution.
MARK DESCH
PO BOX 82
STILL WATER, MN 55082
Office - (612) 439-7098
D orne - (612) 439-9479
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December 15, 1989
Steve Russell
Director of Community Development
City of Stillwater
216 North 4th St.
Stillwater, MN 55082
Dear Steve:
I am enclosing the "Preliminary Agreement for Tax Increment Financing" and the "Pre-
Application" with a Cashier's Check in the amount of $3,000.00. Please review this
information and let me know if there is anything that I am missing.
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At this time, I am requesting the City's assistance in providing Tax Increment Financing,
so that the development on North Main Street can be completed. Originally 1 t was my
intent to finance the project without assistance. However, the cost of the projel:t exceeds
the original budgeted amount by about 25%. This additional cost is primarily identified to
the poor soil conditions and flood plain requirements of the site. It is my understanding
that this project may qualify for TIF funds in that it is not likely that I could obtain
financing with the current level of cost per square foot without some outside ,lssistance.
This does put the development in the "but for" assistance category because, "bl t for" the
TIF funds it is not likely that the development could go forward.
The TIF funds would allow enough cash flow to service the debt necessary to carry the
project. It is my request that the TIF funds be on a "pay as you go basis" over a 15 year
period. The total project cost including land, landscaping, construction, etc. is
approximately $2,400,000. Of this amount about $500,000 will come from my equity, about
$1,300,000 can be publicly financed leaving a balance of about $600,000 needed in TIF
funds. We have been able to identify approximately $500,000, of $1,900,000 of construction
costs, in site improvements. Our estimated cost per square foot for building construction,
outside of site development costs, is about $67.00 per square foot.
This project is being developed primarily to provide a permanent home for my insurance
business. A business that has grown from four employes in 1979, when we moved to
Stillwater, to fourteen employees today. I am very interested in seeing the development
go forward. This should help make a substantial change in the activity on the north end
of Downtown and could provide the catalyst for other projects. I hope the City Council
will look favorably upon this request.
Sincerely,
J1la4z ~()~?
Mark and Gloria Desch
/;~ Yn.~~
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CITY OF STILLWATER
PRELIMINARY AGREEMENT FOR
TAX INCREMENT FINANCING
(I) This Preliminary Agreement made and entered into by and between the
City of Stillwater, a Municipality organized and operating under the laws of
the State of Minnesota (hereinafter called "City") and Mark and Gloria Desch;
. xNX individuals
(hereinafter called "Developer").
WITNESSETH:
(II) WHEREAS, the City has received from Developer a request that the City
provide tax increment assistance pursuant to Minnesota Statutes, Sections
469.124 through 469.134 and Sections 469.174 through 469.179 (collectively,
the "Act") in connection with a project to be undertaken by the Developer
within the City.
(III) NOW, THEREFORE, in consideration of the foregoing, the parties hereto
agree as follows:
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A. The Developer agrees to deposit with the City $3,000 for any and
all expenses and costs of the City in connection with the preparation of the
development program and all documentation and procedures required by the Act
in connection with the issuance of tax increment bonds, whether or not the tax
increment bonds are actually issued, as verified by itemized statements for
services rendered. Costs and expenses shall include, but not be limited to,
all out-of-pocket expenses, all fees for legal services, all fees for
architectural engineering and financial services including feasibility
reports, all administration costs, appraisal costs, all costs of reports and
hearings. Monies not expended will be refunded to the applicant. Additional
expenses, if any, will be passed to the developer.
B. The City Council reserves the right to deny any application for
financing at any stage of the proceedings prior to its entering into a
Development Agreement.
C. All applications and supporting materials and documents shall
remain the property of the City. All such materials may be subject to
disclosure and/or public review under applicable provisions of State Law.
(IV) IN WITNESS WHEREOF, the City and the Developer have executed this
Agreement.
Approved by the City df Stillwater, Minnesota, this
, 1989.
day of
DEVELOPER:
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CITY OF STILLWATER
Wallace Abrahamson, Mayor
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CITY OF STILL WATER
PRE-APPLICATION
TAX INCREMENT FINANCING ASSISTANCE
Legal name of applicant:
Mark and Gloria Desch
Address:_
9985 Arcola Court, Stillwater, MN 55082
Telephone I umber:
(W). 439-7098
(H) 439-9479
Name of co ltact person:
Mark Desch
1. See atta :hed map
2. Request is being made for tax increment financing for the construction of a three
story 01 fice building at North Main and Mulberry Streets. The building will be used
to offic ~ an insurance business owned by the Developer and various other tenants.
The bui Iding contains approximately 15,000 square feet of rentable space and provides
parkinE for approximately 129 cars. The construction will begin upon receipt of tax
incremt ot financing from the City, and is expected to be completed within twelve
months
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3. The proposed project is in the Central Business District and conforms to the
Stillwater Downtown Plan use designations. The property is zoned Central Business
District. The Developer is requesting the City to assist in the financing of the
following public improvements:
a. site preparation
b. grading, landscaping and drainage improvements
c. pilings required because of poor soil conditions
d. pave parking areas
e. developments costs attributed to flood plain conditions
These costs are peculiar to this property and beyond the normal cost of similar
construction on property not in the flood plain.
5. This project will benefit the City of Stillwater by increasing the property valuation
by approximately $2 million dollars, and provide jobs in the downtown area for about
50 people.
6. The Developer, Mark and Gloria Desch have lived at 9985 Arcola Court, Stillwater,
MN since 1981 We own an insurance business, Student Assurance Services, Inc., that
employes 14 employees and is currently officed in the Brick Alley Building in
downtown Stillwater. Student Assurance Services, Inc. will initially occupy about 50%
of the proposed project. The balance of the proposed project will be rented.
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Applicant understands and agrees that the information contained in this application, and
the information contained in the above, is intended for use by the City of Stillwater, its
officers, employees, and agents in connection with the City's consideration of possible tax
increment bond financing for applicant's project; however, the City gives no assurance
that this information may not be disclosed, in whole or part, to persons other than City's
official, employees and agents.
SIGNA TURE
Applicant's signature
}iY,-cuit ~ (2 ~~ A-
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Date
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TO: Mayor & City Council
FR: Diane Deblon, Finance Director
DA: December 13, 1989
RE: 1989 AUDIT
We have received an engagement letter from McGladrey and Pullen regarding
the 1989 Audit. Theyare propos i ng to perform the audit of the City for
a fee not to exceed'$17,800 and $4,800 for the Water Board. The fees for
the 1988 audit for the City were $14,750 and $3,000 for the Water Board.
The increase. in fees for the City is due in part to a standard discounted
fee of 30% r~ther than 40% and moving the audit to an earlier date
(during their busy season). The in~rease in fees for the Water Board
is due to a change in the discounted fee and also an increase in billable
hours. The increase is substantial but remains within the fee range
expected gi yen the size of the City and the scope of the audit.
I believe it is in the best interest of the City to retain the firm
of McGladrey and Pullen for the 1989 Audit.
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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M E M 0
TO:
FROM:
DATE:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
DECEMBER 18, 1989
BIDS FOR 1990 LEGAL ADVERTISING
Attached are the bids received for the City's 1990 legal newspaper. Two bids
were received -- the Stillwater Gazette, which is a daily newspaper, and The
Courier, which is a weekly newspaper.
Because newspapers have different type size and column width, I used a form
the County has used in receiving bids for their publications and recommended
by Mark Anfinson, Legal Counsel for the Minnesota Newspaper Ass'n. The
formula reduces the type size and column width to an index number which can be
readily compared. The lower the index number, the lower the actual rate.
Attached is Mr. Anfinson1s explanation of the calculation and the bids
received from the Gazette and Courier.
Also, bids were due by 11:00 A.M. December 15. The bid received from the St.
Croix Valley Press arrived at 2:00 P.M. and is, therefore, unopened.
Council advice is requested as to the disposition of the St. Croix Valley
Press bid and the award for the legal newspaper for 1990.
mlj
Attachment
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-
~
M E M 0
TO:
FROM:
DATE:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
DECEMBER 18, 1989
BIDS FOR 1990 LEGAL ADVERTISING
Attached are the bids received for the City's 1990 legal newspaper. Two bids
were received -- the Stillwater Gazette, which is a daily newspaper, and The
Courier, which is a weekly newspaper.
Because newspapers have different type size and column width, I used a form
the County has used in receiving bids for their publications and recommended
by Mark Anfinson, Legal Counsel for the Minnesota Newspaper Ass'n. The
formula reduces the type size and column width to an index number which can be
readily compared. The lower the index number, the lower the actual rate.
Attached is Mr. Anfinson's explanation of the calculation and the bids
received from the Gazette and Courier.
Also, bids were due by 11:00 A.M. December 15. The bid received from the St.
Croix Valley Press arrived at 2:00 P.M. and is, therefore, unopened.
Council advice is requested as to the disposition of the St. Croix Valley
Press bid and the award for the legal newspaper for 1990.
mlj
Attachment
e
ATTACHMENT A
MINNESOTA NEWSPAPER ASSOCIATION FORMULA
Prepared by:
Mark Ant'inson -- 8'.2.7 - S- (; II
MNA's Legal Counsel
Several questions have been raised about how to go about comparing one publication rate
to another. This of course is important in at least two situations: (1) When there is
some doubt whether a newspaper's classified rate is higher than its legal rate; and (2)
when bidding on the publication of public notices by local governments.
Unless a direct "apples to apples" comparIson can be made in these situations, it is
often difficult to decide just how different publication rates are related to each
other. To help with this, a procedure has been worked out which allows you to make such
comparisons without difficulty.
The procedure involves four quite simple steps. In order to perform the calculations,
you will need the following information relatin~ to the rate or rates which YOU are
comparin~. For example, if you are comparing legal rates, then the following information
must be taken from the particular legals which the rates relate to.
e
a. The line length in picas;
b. The number of lines per inch;
c. The length of the lower case alphabet, in points, for the particular type face;
d. The charge per inch.
With this information, simply work through the following calculations:
1.
2.
'1
v.
4.
e
Multiply the line length in picas times 12 (the number of points in a pica); this
produces the line length in points.
Multiply this line length in points times the number of lines per inch; this
produces the number of points per inch;
Divide the number of points per inch by the length in points of the lower case
alphabet used; this in effect produces the number of lower case alphabets per
inch. It appears to be the critical factor in determining which legal rate is the
lowest, since, all other things being equal, the more type there is in each inch,
the lower the actual rate will be.
On the average, it seems clear that the greater the number of lower case alphabets
in one inch, the greater the number of words there will be per inch. The use of
the lower case alphabet as the basic unit of measurement seems to be the simplest
way to standardize this calculation for purposes of comparison.
Divide the charge per inch by the number of lower case alphabets which you have
calculated to be in each inch; this produces a number which is the cost per lower
case alphabet.
This number can be compared directly to a similarly calculated figure either from
any other newspaper, or from another rate charged in the same newspaper, such as
the classified rate. The lower the number, the lower the actual rate.
MINNESOTA NEWSPAPER ASSOCIATION Tel: 332-8844
-4-
The Courier
We Mean Business...For YOU!
City of Stillwater
216 N. Fourth St.
Stillwater, Minn. 55082
Attn: Mary Lou Johnson
Dear Mary Lou:
Attached is the Courier bid for legal publications for the City of Stillwater.
An important consideration in the publication of legal notices is reaching the
greatest number of homes possible within the City of Stillwater. Our paper does that.
The Courier is published in Stillwater, and we're locally owned and operated.
Weare also confident we can provide the superior service you require in the
publication of your legal notices.
Thank you for your consideration.
e
Sincerely,
,~~ p ff'?
Robert P. Liberty.
Publisher .
e
126 South Second Street, Stillwater, Minnesota 55082
612-430-3037 FAX 612-439-8170
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CITY OF STILLWATER
BI D FORM
FOR
PUBLICATION OF 1990 LEGAL ADVERTISING
REQUIREMENTS:
Each bidder is asked to submit a bid for publication of Official Proceedings
in Summary Form whether or not other items are bid. (MN Statute 375.12)
Bid in 8 point type, this bid only.
SUBMITTED BY:
Contact Person:
Firm:
/7J.q (10(( i" I~_r
/) , 0 "j
)'(c br~ '^ y. /. ,L':b,~_r ry
Address: /.:;}C- -.$, _S<",(/o'l,1~l Tel. (6/.;)) </%1"- 3031
.s7i'IIr.f/,^r/~ y .17#. 5:StJ'i j
/
Telephone : It. /2) "0/'3((. -363 -;
A) Name of newspaper (s) in which publishing will occur:
7f,,.o &l{;"/~/' .(/el.d~
B) Circulation in City of Stillwater (Paid & Unpaid): S:OO()
,
C) Does your newspaper qualify as a legal newspaper pursuant to Minnesota
State Statute 331A.02? ~
yes no
D) Bidder to work through Minnesota Newspaper Association formula as
follows:
BID IN 8 POINT TYPE - THIS BID FORM ONLY.
1. Line length in picas: J/,~ x 12 = /.3.:'3
2. Number of 1 i nes per ~
inch: 9 x 1-38 = /:2 .y :)
3.
Length of lower case
alphabet (LCA) in
points:
Cost per column inch:
. /3,8
90
~/3,~
- ..,,:)8
Index Number
/,;)<)1 ~
4.
-'
,1,Rs
E) Attach sample of text used. Sample must be 100% reproduction.
/~/15 /87
Date
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The Courier, Nov. 2, 1989
STATE OF MINNESOTA
COUNTY OF WASHINGTON
DISTRICT COURT-PROBATE
DIVISION
Court File No. PX-89-5360
NOTICE OF INFORMAL PROBATE OF
WILL AND APPOINTMENT OF
PERSONAL REPRESENTATIVE AND
NOTICE TO CREDITORS
In Re: Estate 01 HERMAN C. MUELLER,
Deceased
TO ALL INTERESTED PERSONS AND
CREDITORS:
Notice is hereby given, that an application
lor inlormal probate 01 the above named
decedent's last will, dated June 20, 1984,
has been liled with the Registrar herein, and
the application has been granted inlormally
probating such will. Any objections may be
filed in the abovp named court and the same
will be heard by the Court upon notice of
h"aring fixed lor such purpose.
Notice is hereby further given that
inlormal appointment 01 Gene H. Zacho,
whose address is 8338 Grange Boulevard,
COllage Grove, Minnesota 55016, as
personal representative 01 the estate of the
above named decedent, has been made.
Any heir, devisee or other interested person
may be entitled to appointment as personal
representative or may object to the
appointment of the personal representative
and the personal representative is
empowered to fully administer the estate
including, after 30 days lrom the date 01
issuance of his lellers, the power to sell,
encumber, lease or distribute real estate,
unless objections thereto are liled with the
Court (pursuant to Section 524.3-607) and
the Court otherwise orders.
Notice is lurther given that ALL
CREDITORS having claims against said
estate are required to present the same to
said personal representative or to the Court
Administrator within four months after the
date 01 this notice or said claims will be
barred.
Dated: October 27,1989
Lorna Mack
Registrar
Marie Sunlitis
Court Administrator
By Susan Honsvall
Deputy
Lyle J. Eckberg
ECKBERG,LAMMERS, BRIGGS, WOLFF &
VIERLING
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
}-I
11/2 & 11/9/89
3.)
(LeA apt)
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abcdelghijklmnopqrs luvwxyz
abcdefghijklmnopqrs luvwxyz
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(LCA 7pl.)
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I- ;t)/l"ilh' --1
Oiu%rttr
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SINCE 1870
John K. Hall
Publisher
December 14, 1989
Mary Lou Johnson, City Clerk,
Honorable Mayor Wally Abrahamson, and
Members of the Stillwater City Council
216 North Fourth Street
Stillwater, MN 55083
Dear Ms. Johnson, Mayor and Council:
Enclosed please find the Stillwater Gazette's bid for the 1990 legal
notices for the City of Stillwater.
Bid price and the amount of coverage of Stillwater households are
important factors in awarding legal notices. But as you review the
submissions, it is important to note all aspects of the publishing which would
work in the best interests of local readers and your constituents in
Stillwater. I would offer that the Gazette more fully serves the city and its
constituency, and therefore should be named legal newspaper for Stillwater,
for among the following reasons:
e
-- the Gazette has a long history of maintaining high standards for the
publication of legals
-- distributed five days a week, the Gazette can offer the city more
expedient and timely publishing of its legal notices
-- the Gazette is used by more governmental bodies and attorneys than
any other newspaper published in the county for printing of legals; as such
our readership of legals is very high as people in the Stillwater area look to
the Gazette for this important information
-- newspapers that have paid readership traditionally have more readers
per issue than free papers; the Gazette is the only paid readership newspaper
published in Stillwater
Other considerations that might warrant the City of Stillwater
continuing its use of the Gazette include:
the Gazette is the only newspaper printed in Stillwater
more of revenue received by the Gazette goes back into the local
economy; of our 26 employees, the vast majority live, shop and pay taxes in
Stillwater; we have 50 Stillwater carrier boys and girls; and annually we
provide a base of over $400,000 to the local economy in salaries and wages
alone
-- we have tried to provide unparalleled news coverage of Stillwater
City Government and feel that our efforts have been very successful in keeping
~ the people of this area informed.
-- more --
Stillwater Evening Gazette . Gazette EXTRA
102 South Second Street. P.O. Box 58 . Stillwater, MN 55082
Ph. 612/439- 3130. Fax 612/439- 4713
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Gazette letter to City of Stillwater -- page two
It is my hope that with our excellent distribution to households in
Stillwater, our capability to provide the City with timely, quality
publication coupled with legal rates well below our regular schedule, that you
will name the Gazette official newspaper for the City of Stillwater.
I look forward to our continued service of the City of Stillwater and
its constituents.
Respectfully submitted,
,
~
encl.
~ '~ ,.
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CITY OF STILLWATER
BID FORM
FOR
PUBLICATION OF 1990 LEGAL ADVERTISING
REQUIREMENTS:
-
Each bidder is asked to submit a bid for publication of Official Proceedings
in Summary Form whether or not other items are bid. (MN Statute 375.12)
Bid in 8 point type, this bid only.
SUBMITTED BY:
Contact Person:
Firm:
Stillwater Gazette
John K. Ha 11
Address: 102 South Second ST.
Tel. 612-439-3130
Stillwatpr, Minn ~~nR2
Telephone: 61?-4~g-~1~n
A) Name of newspaper (s) in which publishing will occur:
Evening Gazette/Gazette EXTRA ~
B) Circulation in City of Stillwater (Paid & Unpaid): 6,150
C) Does your newspaper qualify as a legal newspaper pursuant to Minnesota
State Statute 331A.02? X
yes no
D) Bidder to work through Minnesota Newspaper Association formula as
follows:
BID IN 8 POINT TYPE - THIS BID FORM ONLY.
1. Line length in picas: 12.1
2. Number of lines per
inch: 8
3. Length of lower case
alphabet (LCA) in
points:
x 12 = 145.2
x 14~ ? r: 11nl n
r---
1161.6
E) Attach sample of text used.
. 102 ~ 11 ,~88
.11.388 = .374
.11.388 = .ig~ex Number
Sample must be 100% reproduction.
4. Cost per column inch:
For 2nd & Subsequent Publications
4.27
2.99
~
/2./s.f'/
Date
Signature of Bidder
CI-JANIT.Mfl G"!"EdCLSW 3:57 PM Thursday December 14, 1989 V3.12 11104186
Evening Gazette, Dec. 8,1989
CITY OF STILLWATER
ADVERTISEMENT FOR BID
Notice is hereby given that sealed bids
,e received by the City Council of
ity of Stillwater, Minnesota, on the
Hall, 216 North Fourth Street, until 4
p.m., C.D.T., on Monday, the 18th day of
December 1989, at which time the bids
will be publicly opened and read aloud
for:
JANITORIAL SERVICES FOR THE
STILLWATER MUNICIPAL BUILDING
Specifications, proposal form and con-
tract documents, dated December 1,
1989, may be seen at the office of the
City Clerk, 216 North Fourth Street.
Each bid shall be accompanied by cer-
tified check or cash deposit in the
amount of One hundred and fifty dollars
($150) which shall be forfeited to the City
in the event the successful bidder fails to
enter into a contract.
The City Council reserves the right to.
retain the deposits of the bidders for the
project for a period not to exceed thirty
(30) days after the date and time set for
the opening of the bids.
Contractors desiring a copy of the Pro-
posal Form and specifications may ob-
tain them from the office of the City
Clerk. No deposit is required.
The City Council reserves the right to
reject any and all bids; to waive irregu-
larities and informalities therein and fur-
ther reserves the right to award the con-
tract to its best interests.
MARY LOU JOHNSON
.. CITY CLERK
~ 216 NORTH FOURTH
STREET
STILLWATER, MN 55082
12/8
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LIST OF BILLS
EXHIBIT "A" TO RESOLUTION NO. 8215
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Dauffenbach, Larry
Roettger, David
Buberl, Douglas
Peterson, Craig
Parkos, Timothy
Swanson, Douglas
Miller, Leo
Tice, Patrick
Ameridate
Arrow Building Center
A T & T
A T & T
Blevins Concession
Bd. of Water Commissioners
Cargill Salt Division
Century Power Equipment
C. P. S. I.
Croix Oil Company
Deblon, Diane
Frito - Lay
Gopher State One-Call
Grindstone, Inc.
G & K Services
Hardware Hank
Herman Junker Candy Company
Holmsten Ice Rinks
I. C. B. O.
J. L. Shieley Company
Junker Recycling
Junker Sanitation Service
R. W. Kirchner & Associates
K - Mart
Kremmer Spring & Alignment
League of Minnesota Cities
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League of Minnesota Cities
Magnuson/Dieperink
Metropolitan Waste Control
commission
Minnesota Blueprint
Mn. Pollution Control Agency
Minnesota Correctional Facility
Motorola, Inc.
Norwest Insurance
Oak Park Hts. Industries
Pepsi-Cola
Meal
Meal
Meal
Meal
Meal
Meal
Meal
Meal
progr ams
Plywood
Long Distance Calls
Monthly Maintenance
Concession Supplies
Repair Bydrant
Salt
Hydraulic Lift Cyclinder
Novell Network Training
Oil
Gas, wiBdshield Washer
Concession Supplies
Locate Requests
Sharpen Ice Knives
Uniform Rental
Supplies
Concession Supplies
plexiglas/Hockey Nets
Fire Codes/Standards
Sand
Recycling November
Lift Stations/Boxes
Boat Ramp Appraisal
Supplies
Spring Assy.
Directory of Minnesota
Officials
Subscription Cities
Legal Services
tr
$
5.24
B.67
4.82
4.80
6.42
6.85
6.96
4.80
619.00
122.86
72.03
243.70
16.50
941. 28
l,936.10
128.90
400.00
3 93 . 25
7.00
180.44
45.00
45.00
672.41
34 8 . 54
675.00
962 .4 9
152.70
171.48
3 , 532 . 50
720.00
700.00
28..70
722.00
192.00
Bulletin 63.00
5,895.90
Sewer Service Charges
Lettering Machine
Seminar-Johnson, Nordquist
Business Cards
Modification-Base SBation
Bond-Johnson, Deblon
Assorted Certificates
Concession Supplies
70,033.98
608.96
120.00
47.00
96.00
150.00
292.50
1,017 .00
Postmaster
Road Rescue
St. Paul Dispatch
S & T Office produc s
Short, Elliott, Hen rickson
Simonet Furniture C mpany
State Treasurer
stillwater Book & S ationery
stillwater Gazette
stillwater Photo
The Supplies Centre
T. A. Schifsky & So s
Taystee Baking Comp ny
Thompson Hardware C mpany
Twin City Testing
Thunderbid Hotel
United Building Cen er
U. S. West Communic tions
U. S. West communic tions
Valley Auto Supply
Van Paper Company
Viking Office produ ts
Yocum Oil Company
Ziegler, Inc.
ADDENDEUM TO BILLS
Anchor Paper Compan
Beberg, Byrdie
Cargill Salt
Clinton, O'Gorman,
Commissioner of Tra
The Cour ier
Ecolab Pest Elimina
Gordon Iron and Met
Government Training
La Hass corporation
N. E. Metro #916
One Hour Express
Road Rescue
st. croix Animal
Seim, Gordon
Sorenson, Rene
Uniforms Unlimited
Uniforms Unlimited
Viking Office produ
Washington County P
utchinson
sportation
ion
1
Service
to
Iter
ts
lic Health
Bulk Mailing E,ee
2 Lights
Budget Ad
Desk
Engineering
Twin Beds
Certification-Nordquist
Office Supplies
Publications
Photo Processing
Ribbons
Blacktop
Concession Supplies
Supplies
Soil Tests
Lodging-Johnson/Nordquist
Cement/Timbers
Damage Underground Cable
Telephone
Auto Parts
Copy Paper
Supplies
Oil/Gas
Valve Assy./Bulbs
Copier Paper
Typing
Sand
Rivard Prosecution
2 Star City Signs
Ad-Janitor Services
Pest Control
Angle Iron
PTAC Course-Bell
Repair Window
Firefighter Classes
Film Processing
First Aid Supplies
November Fees
Shoes
Skate Instructor
Misc. Uniforms/2 Vests
Name Tags
Calculator
Food License
Adopted by the Coun i1 this 19th day of December, 1989.
60.00
157.96
837 .06
235.00
2,774.80
680.00
15.00
712 . 97
347.72
7.92
14 . 50
21.21
132 . 50
320.00
240.00
116.00
122.76
174.51
1, 793 . 97
283.74
332.50
40.14
2,275.14
52.23
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69.68
517.50
1,298.01
102.00
135.00
22.50
185.00
8.80
190.00
43.40
435.00
4.69
20.37
375.00
59.99
150.00
1,507.22
14.85
61.06
140.00
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SUNDAY ON SALE LIQUOR LICENSES
DECEMBER 19, 1989
Freighthouse, Inc.
305 South Water Street
Stillwater, MN 55082
Sanford Enterprises, LTD
dba cat Ballou's
112 North Main Street
Stillwater, MN 55082
Trump's Deluxe Grill and Bar
317 South Main Street
Stillwater, MN 55082
Dock Cafe Corporation
225 East Nelson Street
Stillwater, MN 55082
J.W. Harbor, Inc.
517 North Owens Street
Stillwater, MN 55082
National Restaurants
dba Esteban's
324 South Main Street
Stillwater, MN 55082
Hidden Valley Lounge - The Annex
231 East Myrtle Street
Stillwater, MN 55082
J .L.H., Inc.
dba John's Bar
302 South Main Street
Stillwater, MN 55082
stillwater Lodge #179 B.P.O.E.
279 East Myrtle Street
Stillwater, MN 55082
Stillwater River Inn, Inc.
dba Popeye's on the River
P.O. Box 463
Stillwater, MN 55082
Vittorio's, Inc.
402 South Main street
Stillwater, MN 55082
Brine's Inc.
219 South Main Street
Stillwater, MN 55082
Mad Capper Saloon, Inc.
224 South Main Street
Stillwater, MN 55082
st. Croix Club Bar & Restaurant, Inc.
423 South Main Street
Stillwater, MN 55082
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ON SALE LIQUOR LICENSES
DECEMBER 19, 1989
Freighthouse, Inc.
305 South Water Street
Stillwater, MN 55082
Trump's Deluxe Grill and Bar
317 South Main Street
Stillwater, MN 55082
, J.W. Harbor, Inc.
517 North Owens Street
Stillwater, MN 55082
Hidden Valley Lounge - The Annex
231 East Myrtle street
Stillwater, MN 55082
Dock Cafe Corporation
225 East Nelson Street
Stillwater, MN 55082
J . L . H., Inc.
dba John's Bar
302 South Main Street
Stillwater, MN 55082
Stillwater Lodge #179 B.P.O.E.
279 East Myrtle Street
Stillwater, MN 55082
- Stillwater River Inn, Inc.
dba Popeye's on the River
P.O. Box 463
Stillwater, MN 55082
Vittorio's, Inc.
402 South Main Street
Stillwater, MN 55082
Brine's Inc.
219 South Main Street
Stillwater, MN 55082
Mad Capper Saloon, Inc.
224 South Main Street
Stillwater, MN 55082
st. Croix Club Bar & Restaurant, Inc.
423 South Main Street
Stillwater, MN 55082
~.....,,,,,,,.
Meister's Bar and Grill
901 South Fourth Street
Stillwater, MN 55082
Sanford Enterprises, Inc.
dba cat Ballou's
112 North Main Street
Stillwater, MN 55082
National Restaurants
Esteban's
324 South Main Street
Stillwater, MN 55082
'\
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Cub Food Market
2001 Washington Avenue
Stillwater, MN 55082
Food-n-Fuel
1101 North Owens Street
Stillwater, MN 55082
Hooley's Supermarket, Inc.
405 East Myrtle Street
Stillwater, MN 55082
Brook's Superette Inc. #26
2289 Croixwood Blvd.
Stillwater, MN 55082
Tom Thumb Store #283
1905 South Greeley Street
Stillwater, MN 55082
Tom Thumb Store #219
2601 Orleans Street
Stillwater, MN 55082
OFF SALE BEER LICENSES
DECEMBER. 19, 1989
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CIGARETTE LICENSES
DECEMBER 19, 1989
Food-n-Fuel
1101 North OWens street
Stillwater, MN 55082
Best Vending Services, Inc.
Washington County Government Center
14900 - 61st Street North
Stillwater, MN 55082
Croix Oil Company
dba Fina-Minuteman
1750 South Greely Street
Stillwater, MN 55082
Nelson's Dairy Store
902 West Olive Street
Stillwater, MN 55082
Croix Oil Company
dba Superamerica
103 North Main Street
Stillwater, MN 55082
Freighthouse Restaurant
305 South Water Street
Stillwater, MN 55082
CUb Foods
2001 Washington Avenue North
Stillwater, MN 55082
Hooley's Supermarket
405 East Myrtle Street
Stillwater, MN 55082
H. V .L., Inc.
Hidden Valley Lounge - The Annex
231 East Myrtle Street
Stillwater, MN 55082
Bill's Bait - Texaco
806 South Main Street
Stillwater, MN 55082
Semper Holdings Inc.
102 North Second Street
Stillwater, MN 55082
Sanford Enterprises
dba cat Ballou's
112 North Main Street
Stillwater, MN 55082
National Restaurants
dba Esteban's
324 South Main Street
Stillwater, MN 55082
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Silver Lake Restaurant
241 North Main Street
Stillwater, MN 55082
River Valley Athetic Club
1826 Northwestern Avenue
Stillwater, MN 55082
L--
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~ SALE BEER LICENSES
DECEMBER 19, 1989
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CLAIM AGAINST ciTY 9F STILLWATEj, ,t Ii J ,1 J~ "
NAME OF CLAIMANT fuIVtt'L U ~JJ c~ f.Lfi- i 1
,'1 /" ~" . ~/'
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ADDRESS (.0;'; to} i(lfj; (t i/i;J, , JIL; f., /~;1., .J; '\.-) PHONE
WHEN DID EVENT OCCUR? (JrilJ ...2.1/ ' / C)' '??Cf
. I / ,
WHERE DID EVENT OCCUR? 4-+-tf 'tL- ,:2Ijj./.~<,JL.CjJ-L-
Lell. ~~,L / - poJ'1
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. " ,_./ ;,~) ,---,ot if i l
WHAT HAPPENED? .j;\...vLr:..k__ I.; ,i ~C"--' 1,"7}'j~/"1 &1. i/j;,}./l./' _c~.;< 1.)/..;( , iF
/,' C,' /1' /1 I J
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WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? /~~
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STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED '~Ct oAtf.i./,_J\Jl (J
NAME OF PERSON MAKING REPAIR; OR GIVING CARE
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IDATE
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SIGNATURE
You have to formally notify the City in writing within thirty (30) days of the
occurrence of an event whereby you feel you have suffered damages.
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JER,RY'S AUTO DEl AIL, Inc.
13601 60 St. No. Telephone 439-9340
STILLWATER MINN 55082
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JERRY SCHOENECKER . OWNER
BODY AND F~NDER REPAIRS . EXPERT REFINISHING
1 ~ CIA l\j~ i2-Lf-??
NAME JW~, DATE
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ApDRESS v '- PHONE
~~j Qpu.~-n~ 11\.;1 tv :.,:;-c. 0 l DATE
I WANTED _
I YEAR-MODEL-COLOR I MAKE OF CAR r BO Y TYPE I t LICENSE NO I SERIAL NO I MOTOR NO MILEAGE I
I Cf ? '? No.."c\,1. ANt ;z.d ~D 1);(
REPAIR REPLACE LABOA PARTS ANO SUBLET
MATERIALS WORK
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TOTALS
LABOR gCfo 40
PARTS AND MATERIALS t..{;J ,) (0'
THIS ESTIMATE IS BASED ON OUR INSPECTION ~~K D~~~ 7,~~N C~~~=TEAJ'Ol~~~~~L :HAERT~O~~
~~~O~T~~I~~ ~~~N B5R Rg~~ARJJlD ~~~~ ~~C~ ARE NOT EVIDENT ON FIRST INSPECTION MAY SUBLET WORK
BE DISCOVERED. NATURALLY THIS ESTIMATE ANNOT COVER SUCH CONTINGENCIES, PARTS
PRICES SUBJECT TO CHANGE WITHOUT NOTICE. HS ESTIMATE IS FOR IMMEDIATE ACCEPTANCE ~S- S'-\
TAX
THIS WORK AUTHORIZED BY GRAND TOTAL 13~1 ~.S-
EST MATE SHEET AND REPAIR ORDER
..__.~ _A __ y...., ........- ..... .. .....~ ftC! ".... ...... ...... ^.......
lIHfOI"US.
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HOWARD W. SUSSMAN
OF COUNSEL:
THOMAS E. BAUER
STUARTL.GOLDENBERG
HOWARD W. SUSSMAN & ASSOCIATES
A TTORNEYS A T LA W
701 FOUR1H A VENUE SOUTH
SUITE 500
MINNEAPOLIS, MINNESOTA 55415
(612) 337-9555
LEGAL ASSISTANTS:
KAREN C. WEA VER
KELL Y J. HICKS
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December 5, 1989
CERTIFIED MAIL
Mary Lou Johnson
Stillwater City Clerk
216 North 4th Street
Stillwater, MN 55082
RE: NOTICE OF POSSIBLE CLAIM PURSUANT TO MINN. STATE S 466.05
Our Client: Carol Horne
Our File No.: 89-201
e
Dear Ms. Johnson:
You are hereby placed on notice pursuant to Minn. Stat. S 466.05
of a possible claim of action against the City of Stillwater.
On or about August 26, 1989, at or near the service road running
underneath the bridge connecting Stillwater to the State of
Wisconsin, Ms. Horne was a passenger in a motor vehicle driven by
her husband. Ms. Horne sustained back and neck injuries when the
truck Mr. Horne was driving could not clear the bridge and an
accident occurred. Investigation has shown that there was
insufficient clearance for the truck to pass under the bridge as
mandated by Minnesota law. Consequently, Ms. Horne can seek
damages against the City of Stillwater in an amount in excess of
$50,000.
All questions arlslng from this incident or in connection with
the same should be directed to the undersigned.
Yours truly,
J I c, "1:.
~WfJ "
HOWARD W, SUSSMAN
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HWS/sp
cc: Carol Horne
!.,...-
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December 11, 1989
CERTIFIED MAIL
Mary Lou Johnson
Stillwater City Oerk
216 North 4th Street
Stillwater, MN 55082
RE: NOTICE OF POSSIBLE CLAIM PURSUANT TO MINN. STATE STATUTE 466.05
Dear Ms. Johnson:
You are hereby placed on n tice pursuant to Minn. Statute 466.05 of a possible claim of action
against the City of Stillwate .
On or about August 26, 1989 at or near the service road running underneath the bridge
connecting Stillwater to the tate of Wisconsin, a motor vehicle leased by me from Ryder Truck
Rental, Inc. and driven, wit my permission, by Mr. Cliff Home and his wife Carol, was involved
in an accident. The vehicle ame into contact with the bridge because of insufficient clearance for
the truck to pass under the ridge as mandated by Minnesota law. In addition, further
investigation has shown tha there was no warning of any kind on or near the bridge to indicate
that there was potentially i ufficient clearance.
e
Ryder Truck Rental is curre tly holding me liable for the damage to their truck. Consequently, I
may be seeking damages fr m the City of Stillwater in an amount sufficient to satisfy Ryder
Truck Rental's damage clai against me.
Sincerely, U /
<~;J;;:~6Ia?~Wa14
Michael J. Hanl4- I (J
8650 S. Maplebrook Circle
Brooklyn Park, MN 55445
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MEMORANDUM
TO:
Mayor and City Council
FR:
City Coordinator
DA:
December 11, 1989
RE:
AMM LEGISLATIVE CONTACT PERSON
The Association of Metropolitan Municipalities (AMM) is requesting that each City
appoint a Legislative contact person to help the AMM in their lobbying efforts.
I have served in this capacity in the past and would recommend that the Council
appoint me to serve as Legislative contact person. Obviously, the lobbying
process would require the involvement of the Council and other staff from time
to time. I would ensure that this effort would be coordinated.
~~,~
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CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
1941 S. Greeley Street
Stillwater, MN 55082-6012
(612) 439-8803
November 17, 1989
Mayor Wally Abrahamson
CITY OF STILLWATER
216 North Fourth Street
Stillwater, MN 55082
Re: Proposed Operating and Capital Expenditure Budget
Fiscal Year 1990
Dear Mayor Abrahamson:
Enclosed is a copy of the Joint Cable Commission's proposed
Operating and Capital Expenditure Budget for Fiscal Year 1990,
formally adopteQ by the Joint Cable Commission at its meeting
on November 15, 1989, for your approval.
The Joint and Cooperative Agreement, Article X, Section 4,
sets forth the following requirement:
"A proposed budget for the year 1983 and all
succeeding years shall be formulated by the Commission
and submitted to its regular member municipalities on
or before August 1 of each year beginning in 1982. A
budget shall be effective only if approved by a two-
thirds majority of the regular member municipalities
before October 15 of each year. If the budget is not
approved by a two-thirds majority of the regular member
municipalities, the Commission shall promptly formulate
a revised budget and submit it to the remaining regular
member municipalities for their review and approval."
It is with great embarassment that we recently noticed that this
requirement has not been fulfilled during the past several
years.
Representing
the Cities of Bayport, Oak Park Heights, and Stillwater
also the Townships of West Lakcland, Bay town, and Stillwater
MICHAEL E. K;\/'UTSON, Chairman
JACLYN ULRICH, Vice Chairperson EDWARD LAWSON
BEV SCHULTZ, Secretary MARY KREIl\IER-ADRIA;\/,
ANN M. nODLOVICK, Treasurer PHYLLIS WHITE
DEAN KERN JACK DOERR
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Mayor Wally Abrahamson
November 17, 1989
We discussed this article at our Commission meeting on November
15th and questioned if the original need for this requirement
still exists. I feel the Commission has a track record of
proven fiscal responsibility in the last five years and would
formally request the cities remove this requirement from the
Joint Powers Agreement.
If this is not acceptable, I would ask for a variance or an
amendment of the dates, so we could submit our budget by
December 1st for your approval by January 1st to accommodate the
Commission's fiscal year from February 1st to January 31st.
Thank you for your consideration of this matter. Please feel
free to contact me if you have any questions.
Sincerely,
/~~~
/'..
-====-~
Michael E. Knutson
Chairman
MEK:mr
Enclosure
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....' '.1 ..
CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION
PROPOSED
OPERATING AND CAPITAL EXPENDITURE BUDGET
FISCAL YEAR 1990
INCOME
Interest Earnings
Franchise Fees
TOTAL INCOME
EXPENSES
Salary and Benefits - Admin Sec'y
Professional Services
Accounting Help
Legal
Contract Labor - Cablecast
Audit
Office Expenses
Supplies
Telephone
Postage
Transportation
Mileage
Conferences, Meetings and Dues
Publish
Insurance
Miscellaneous
Community Access Corporation Allocation
Office Rent
Photocopier
Basic Cable/Reimbursement
Capital Outlay
Channel 12 Equipment
Office Furniture/Equipment
$10,000.00
100.00
4,000.00
5,540.00
500.00
500.00
720.00
325.00
175.00
250.00
150.00
360.00
250.00
30,000.00
2,640.00
720.00
1,400.00
1,000.00
300.00
TOTAL EXPENSES
$58,930.00
Contingency Fund
70.00
TOTALS
$59,000.00
mgr
11-15-89
$ 500.00
58,500.00
$59,000.00
$59,000.00
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December 13, 1989
John F. Evert, Chair
Stillwater Charter Comm.
550 South Grove Street
Stillwater, MN 55082
Mr. Nil e Kr i e se 1
Stillwater City Coordinator
City Hall
216 North Fourth Street
Stillwater, MN 55082
Dear Ni 1e;
e
The Charter Commission has been studying two issues for
?everal months and is now ready to present recommendations to
the Council. The two matters relate to reporting of campaign
spending and converting from at-large representation to a
ward system.
We feel these issues, particularly ward/at-large one are
sufficiently complex to warrant explanation to the Council.
. Accordingly we would like to suggest that a workshop be held
at which we would be willing to present our background study
and the reasons for our recommendations. A background paper
on the ward question will be available for the Council prior
to any meeting we may be able to schedule, but we feel the
chance to interact with the Council in a meeting is still
very important.
In order to have the largest number of Charter Commissioners
present, we would suggest that the meeting be held in the
evening. Two dates we would prefer are January 23 and
January 30, 1990. If the evening time on these dates is
unavailable, we would suggest the late afternoon time as an
alternative.
I would appreciate a response at your earliest convenience so
that specific meeting presentation materials can be prepared.
Thank you, and please accept my wishes for a Happy and JOYous
Hal iday Season.
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~ ((~~l QD"/i (~
Sincerely;/".,
~ ;1..,/.
, ~tL /-;ri.r-
----/', v "". "'l1J
J n F. Ever t
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STATE OF MINNESOTA
DISTRICT COURT
HENNEPIN COUNTY
FOURTH JUDICIAL DISTRICT
District Court File No.
State of Minnesota by
Its Department of Natural
Resources,
CASE TYPE: OTHER CIVIL
Plaintiff,
SUMMONS
v.
City of Stillwater,
Defendants.
THE STATE OF MINNESOTA TO THE ABOVE NAJIED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon
~laintiff's attorney an answer to the complaint which is herewith
e served upon you, within twenty (20) days after service of this
summons upon you, exclusive of the day of service. If you fail
to do so, judgment by default will be taken against you for the
relief demanded in the complaint.
-----.
""
'--
Dated:
December
, 1989.
HUBERT H. HUMPHREY, III
Attorney General
State of Minnesota
(.') 1\ '
./) ill.
BY:_J\ lj_,. \::J ~,/,..:7
A. w ~ CLAPP III - \'r--=
Special Assistant; I
Attorney General
Atty. Reg. No. 17036
.-
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Suite 200
520 Lafayette Road
St. Paul, Minnesota 55155
Telephone: (612) 296-0686
Counsel for the Minnesota
Department of Natural Resources
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STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF WASHINGTON
TENTH JUDICIAL DISTRICT
COURT FILE NO.
State of Minnesota, Department
of Natural Resources,
CASE TYPE: OTHER CIVIL
Plaintiff,
COMPLAINT
vs.
City of Stillwater,
Defendant.
Plaintiff, for its Complaint, states and alleges as follows:
1. This is an action for declaratory judgment and
injunctive relief concerning a zoning decision made by the City
~ of Stillwater on a building permit application. The decision
being appealed is attached as Exhibit A.
2. The application was for structural additions to a house
located on the shore of the St. Croix River in Stillwater, within
the bounds of the Lower St. Croix National Scenic Riverway.
3. Plaintiff is responsible for zoning on the shores of
the Lower St. Croix National Scenic Riverway under Minn. Stat.
S 104.25, which statute is attached as Exhibit B.
4. Pursuant to section 104.25, subdivision 3, the City of
Stillwater has adopted a DNR-approved ordinance for that part of
the riverway district within its jurisdiction. The ordinance is
attached as Exhibit C.
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5.
the home:
addition.
6. The application is after-the~fact, in that both
additions had already been completed.
7. The City's decision being appealed correctly recognized
that the ordinance provision applicable to the applicat~on is
subdivision 10, because the house is closer to the river and the
bluff top than provided by the setback provisions of the
ordinance.
The permit application is for two separate additions to
one, a second floor addition; the other, a deck
8. The City correctly selected subdivision 10, item (E),
as the one applicable to the second floor addition, because the
addition increased the height of the riverwood building face.
9. The City's decision that the structure is visually
inconspicuous, as that term is used in subdivision 10, item (E)
and defined in subdivision 2, part 2, .item (V), is legally
insufficient and unsupported by the facts: the structure is easy
to see and readily noticeable.
10. The deck was an enlarged replacement at the same
substandard setback location of a deteriorated deck which had
been removed. Subdivision 10, item (G), does not allow such
replacement.
11. The City erred in failing to recognize that the deck
was a replacement, and therefore in failing to apply subdivision
10, item (G).
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THEREFORE, plaintiff Department of Natural Resources asks
the Court to declare that the house is visually conspicuous as
the term is used and defined in the ordinance, that the deck was
a replacement, and that therefore the City's decision is reversed
and the application denied.
Dated: December 5, 1989
HUBERT H. HUMPHREY, III
Attorney General
By:
() L~'\: cJl'~' ~
J ') , /" /'1/1
.' L. v<'-T[7
A. W. CLAPP, III I Y
Special Assistant
Attorney General
Attorney Reg. No. 17036
520 Lafayette Road, Suite 200
St. Paul, MN 55155
Telephone: (612) 296-0686
ATTORNEYS FOR MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
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MINN. STAT. S 549.21
ACKNOWLEDGEMENT
The party or parties on whose behalf the attached
pleading is served acknowledge through their undersigned counsel
that costs, disbursements, and reasonable attorney and witness
fees may be awarded to the opposite party or parties pursuant to
Minn. Stat. S 549.21, subd. 2.
Q-'">
Dated: );....- r - ~. -(
HUBERT H. HUMPHREY, III
Attorney General
By:
, ., ;,,\ ^}' --:-:-
/l,L[)-I}I'A~
\J-. ( , ,'<-0'nr~ -
A. W. CLAPP III .
Special Assistant
Attorney General
Suite 200
520 Lafayette Road
St. Paul, Minnesota 55155
Telephone: (612) 296-0686
Counsel for the Minnesota
Department of Natural Resources
.0
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FINDINGS OF FACT,
ROUSSEAU HOUSE
RESOLUTION NO. R10Fi
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 heari~g on the
application at a .regular meeting held on October 17, 1989; and
wnEREAS, at the hearing, the City Council co~sidered 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 V~Qeo 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:
EXHIBIT A
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FINDINGS OF FACT
1. That the deck on the riverward side of the Rousseau
home is attached to the home and therefore an integral part of
the home structure and is not a separate structure.
2. That the deck is extended parallel to the river and
bluffline at the same or greater setback as the preexisting deck
and is not roofed.
3. That the Rousseau home is located on a small urban lot
in a neighborhood urban setting.
4.
side, the
the river
home.
That houses surround the Rousseau home on the south
north side, and behind the home, and houseboats clutter
in front of and to the north and south of the Rousseau
5. That there are extensive shoreline vegetation and trees
close to the Rousseau home that partially obscure the view from
the river since some of these trees are higher than the Rousseau
home.
6. That the home is of an earthtone color that blends with
the adjacent surroundings and is unobtrusive relative to the
background.
7. That most people who view the structure from the river
view it from a distant channel located some 2,000 feet away and
that islands covered with dead trees and vegetation partially
obscure views of the Rousseau home from that vantage point.
8. That the background to the Rousseau home and adjacent
residential structures is a tree covered hill much higher than
the homes.
9. That the Rousseau home does not appear much taller than
any adjacent structure and no taller than two-story homes that
are visible from the river but not located in.the riverway
district.
10. That viewed from a full range of riverward locations
from far north to far south, 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 home from the channel.
.
11. That the Rousseau home is not readily noticeable when
viewed from the river 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'not.iceable 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 testimcuY 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.
7th
day of November,
d4 alrulta71'#~
Wally Abrahamson, Mayor
Attest:
}'J,t-teu, :-;JU0!C~1-~"/~.;J
Mary Lou(JOhnSOn, t91erk .
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AGEMENT 104.15
04.11 FLOOD HAZARD MJ!IGA~()N GRANTS.
Subdivision 1. Grants autborized. The eommiSsione. y make grants to local
cmments to:
1) conduct floodplain damage reduction studies determine the most feasible,
pra and effective mcthods and programs for itigatinS the damages duc to
ft 0 within flood prone rural and urban areas (1 their Watersheds; and
. (2) Ian orimplemcnt, or both, flood mitiga n measures.
Su 2. Action OD grant .pplications. (a pon receipt of a request for a grant
for less $75.000 on forms provided by th mmissioner, the commissioncr sha1l
confer with local government requesting c grant and may make a grant based on
the foDowing nsiderations:
(1) the exte and effectivencss of Ogation measures already implemcnted by
the local govcrnm t requesting the
(2) the feasibilit practicality, cffectivencss of the proposed mitigation mea-
sures and the associa nontlood re led bencfits and detriments:;
(3) the level of gran istan that should be provided to the local government,
based on available facts rdin e nature, extent, and severity of flood problems;
(4) the frequency of ce of severe flooding that has resulted in declaration
of the area as a flood disaster by thc president of the United States;
(5) the economic, environmental benefits and detrimcnts of the p~
posed mitigation me3sures'
(6) whether the fl lain ement ordinance or regulation adopted by the
local JOvemment meets e minimum dards established by the commissioner, the
degree of enforcement r the ordinance regulatio~ and whether the local govern-
ment is complying wi the ordinance or tion;
(7) the degree whicb. the grant req is consistent with-local water plans
developed under c pters IIOB and 112 and . us 473.875 to 473.883; -
(8) the finan aI capability of the local 8 ent to solve its flood hazard
problems witho financ:ial assistance; and
(9) the es . ted cost and method of financing the proposed mitigation mea-
sures based 0 ocal money and federal and state oat assistance.
(b) If th amount of the grant requested is $75, r more, the commissioner
shaD de e, under the considerations in paagraph (a whether any part of the
grant awarded and submit to the governor and th lqisIature for funding
considera on before each odd-numbered year a list of the requests or parts of
grant ests of $75,000 or more. The commissioner must rioritize the grant
requ under the considerations in paragraph (a), beginnin& WI the projects the
co o. oner determines most deserving of financing.
A grant may not exceed one-balf the total cost of the propo d mitigation
(d) After July I, 1991, grants made under this section may be ma 0 local
I emments whose grant requests are part of, or responsive ~ a comprehensi ocaI
ter plan prepared under chapter 1 lOB or 112 or sections 473.875 to 473.883.
History: 1987 c 306 s 5
104.25 LOWER ST. CROIX WILD AND SCENIC RIVERS Acr OF 1972; 5rATE
RECOGNITION AND IMPLEMENTATION.
Subdivision I. Fmdinp; purpose. The lower St. Croix ~, between the dam
near Taylors FaDs and its confluence with the Mississippi river, constitutes a relatively
undeveloped scenic and recreational asset lying dose to the Jar&est densely populated
area of Minnesota. The preservation of this unique scenic and recreational asset is in
the public interest and will benefit the health and welfare of the citizens of Minnesota.
The state of Minnesota therefore recognizes and concurs in the inclusion of the lower
St. Croix river into the federal wild and scenic rivers system by the Lower St. Croix
EXHIBIT B
-.
1N.25 nooo ruIN MANACIMINT
2330
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River Act of the 92nd Congress, Public Law Number 92-S60. The authorizations of
this ad of the state of MiDDC$Ota are necessary to the preservation and administration
of the lower SL Croix river as a wild and scenic river. particularly in relation to those
. portions of the river which are to be jointly preserved and administered as a wild and
scenic river by the states of Minnesota and Wisco~
Subd. 2. ComprebasiYe master plaD. The commissioner of natural resources
sliall join with the secretary of the department of the interior and the appropriate
agency of the state ofWisc:onsin in the preparation of the comprehensive master plan
relating to boundaries. classification, and development required by section 3 of the
Lower SL Croix River Act of 1972, and by section 3(b) of the Wild and Scenic Rivers
Act. Public Law Number ~S42.
The commissioner shaD make the proposed comprehensive master plan available
to affected local governmental bodies. shoreland owners. conservation and outdoor
recreation groups, and the peral public. Not less than 30 days after making such
information available. the commissioner shall conduct I public hearing on the p~
posed comprehensive master plan in the county seat of each county which contains a
portion of the area covered by the comprehensive master plan, in the manner provided
in chapter 14.
Subd. 3. Powen and Dties of coJDDlissioner of utaral resoarces; Dlunidpal zoniD&-
After the comprehensive master plan has been adopted and is in dfect, the commis-
sioner has the powers and' duties necessary to the fono~ (a) The acquisition, by the
commissioner of administration for the commi!t.<ioner of natural resources. of lands.
scenic easements or other interests in land by gift. purchase, or other lawful means, and
the commissioner may acquire also by eminent domain the scenic easements interest
in land. The acquisitions are those which are proposed for acquisition by the state of
Minnesota by the comprehensive master plan; (b) the promulgation of rules in the
manner provided in chapter 14. which will establish guidelines and specify standards
Tor local zoning ordinances applicable to the area within the boundaries established
pursuant to subdivision 2. The guidelines and standards shaD be consistent with the
. purpoSes of this act, the federal Wild and Scenic Rivers Act. and the federal Lower St.
Croix River Ad of 1972. The standards specified in the guidelines shall include but
not be limited to the foUowing: (1) The prohibition of new residential, commercial. or
industrial uses other than those which are consistent with the above mentioned acts.
and (2) the protection of riverway lands by means of acreage. frontage. and setback
requirements on developmenL Cities. counties and towns lying within the an:as
affected by the guidelines are empowered to and shaD adopt zoning ordinances comply-
ing with the guidelines and standards promulgated by the commissioner within the time
schedule prescribed by the commissioner; (c) the admini~tion. in cooperation v.ith
appropriate federal authorities and au,thorities of the state of Wisconsin, of state lands
and waters in conformance with this act, the federal \V1ld and Scenic: Rivers Act. and
the federal Lower SL Croix River Ad of 1972.
History: 1973 c 123 tUt 5 3 7; 1973 c 246 s 1; 1982 c 424 s 130; 1985 c 248 3 70; 1986
c#4
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104.31 WILD AND C RIVERS Acr.
Sections 104.31 to 104. may be cited as the"
act."
History: 1973 c 27131
104.32 POllCY.
The legislature finds that certain
possess outstanding scenic, reaeatio
ues. Because it is in the interest of p nt and generations to retain these values,
it is hereby declared to be a poli of Minnesota d an authorized public purpose to
preserve and protect these ~
History: 1973 C 27132
C$Ota ."ild and scenic rivm
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ORDINANCE 706
AN ORDINANCE AMENDING
THE RIVERWAY BLUFFLAND/SHORELAND ORDINANCE
STILLWATER CITY CODE 31.03
The City Council of the City of Stillwater does ordain:
Subdivision 1. PURPOSE. This Ordinance is adopted for the purpose of:
(1) Designating suitable land use districts along the bluffland and
shoreland of the Lower St. Croix River.
(2) Regulating the area of a lot, and the length of bluffland and water
lot frontage suitable for building sites.
(3) Regulating the setback of structures and sanitary waste treatment
facilities from blufflines to protect the existing and/or natural scenic
values, vegetation, soils, water, and bedrock from disruption by man-made
structures or facilities.
(4) Regulating the setback of structures and sanitary waste treatment
facilities from shorelines to protect the natural scenic value, floodplain,
and water quality.
~ (5) Regulating alterations of the natural vegetation and topography.
(6) Conserving and protecting the natural scenic values, historical and
cultural resources of the river valley and maintaining a high standard of
environmental quality consistent with the National Scenic Rivers Act (PL
90-542 and Lower St. Croix AGt (Pl 92-560) and Master Plan, and with
Minnesota Department of Natural Resources Standards and Criteria for the
Lower St. Croix National Scenic Riverway (Minnesota Rules Part 6105.0351 to
6105.055D). '
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Subd. 2. DEFINITIONS.
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(1) Constructfon.
(A) In the event of conflicting provisions in the text of this
Ordinance, and/or other Ordinances, the more restrictive provision
shall apply. The Community Development Director shall determine
which is more IIrestrictivell. Appeals from such detennination may
be made to the City Council.
(B) Words used in the present tense include the past and future tense;
the singular number includes the plural and the plural includes the
singular; the word IIshall H is mandatory, the word IImay" is
permi ssive.
(C) The provisions of this Ordinance are in addition to and not in
replacement of other provisions of the Zoning Ordinance. Any
provision of the Zoning Ordinance relating to the Lower St. Croix
Riverway shall remain 10 full force and effect except as they may
be contrary to the provisions of this Ordinance.
EXHIBIT C
1
(D) Unless otherwise s ecified, all distances shall be measured
horizontally.
(2) Definitions. For the p rpose of this Ordinance, certain phases and
words are hereby defined a follows:
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(A) "Accessory Use" me ns a use subordinate to and serving the
principal use on t e same lot and customarily incidental thereto.
(B) "Appurtenancel' mea s a structure subordinate to and serving the
principal structur on the same lot and customarily incidental
thereto such as ga ages~ decks, essential services, signs, docks~
and stairways and ifts, except that appurtenance does not include
private water supp y and sewage and waste disposal systems below
the ground.
(C) "Bluffline~ Riverwayll means a line along the top of a slope 'in the
Riverway District onnecting the points at which the slope,
proceeding away f om the river or adjoining watershed channel,
becomes less than 12% and it only includes slopes greater than 12%
visible from the iver or any water course tributary to the river.
The location of the bluffline for any particular property shall be
certified by a re istered land surveyor or the zoning
administrator. Mo e than one bluffline may be encountered
proceeding away f om the river or adjoining watershed channel. All
setbacks required herein Shall be applicable to each b1uffline.
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(D) "Building Line" mans a line measured across the width of the lot
at the point wher the principal structure is placed in accordance
with setback prov sions.
.
(E) lIChannel" means a natural or artificial depression of perceptible
extent with a def nite bed and banks to confine and conduct flowing
water either cont 'Duously or periodically.
-.
(F) "Commissioner" me ns the Commissioner of Natural Resources.
(G) "Conservancy" mea s the practice or implementation of policies for
the protection an preservation of the natural character of lands
for their value t scenic enjoyment, wildlife~ water and soil
conservation, flo d plain management, forestry~ and other such
purposes.
(H) "Dwelling Unit I' mans a residential accommodation which is
arranged~ designe , used, or intended for use exclusively as living
quarters for one amily.
(1) "Harborl' means a ortion of body of water along or landward of the
natural shoreline deep enough for recreational watercraft
navigation~ and s situated with respect to shoreline features as
to provide protec ion from winds, waves, ice~ and currents. Natural
harbors consist bays and estuaries~ while artificial harbors are
constructed by d edging.
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"
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(J) IIMarina" means an area of concentrated small craft mooring, where
ancillary facilities may be provided for some or all of such
services as fueling, sewage pumpout, boat launching, boat repair,
and boat storage; except that marina does not mean temporary docks
associated with riparian residential development if the mooring
area is of a size not to exceed the resource limitations of the
site and the needs of the residents of the development.
(K) "Non-Conforming Use" means any use of land legally established
before the effective date of this Riverway Bluffland/Shoreland
Ordinance which does not conform to the zoning district use
reglJ1ati ons.
(l) 1I0rdinary High Water Mark" means a mark delineating the highest
water level which has been maintained for a sufficient period of
time to leave evidence upon the landscape. The ordinary high water
mark is comnonly that point where the natural vegetation changes
fro~ predominantly aquatic to predominantly terrestrial. In areas
where the ordinary high water mark is not evident, setbacks shall
be measured from the stream bank of the following water bodies that
have permanent flow or open water; the main channel, adjoining side
channels, backwaters, and sloughs.
(M) IIRiverway Boundary" means a legally described line delineating the
landward extent of the St. Croix Riverway subject ~o these
reglJlations, City Code 31.03.
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(N) IISceftic Easement.. means an interest in 1 and, less than fee title,
that limits the use of the land for the purpose of protecting the
scenic, recreational, and natural characteristics of areas in the
St. croix Riverway. Unless otherwise expressly and specifically
provided by mutual agreement of the parties, the easement shall be;
perpetually held fDr- the benefit of the people of Minnesota;
specifically enforceable by its holder or any beneficiary; and
binding on the hold~r of the servient estate, his heirs,
successors, or assigns. ,Unless speCifically provided by the
parties, no such easement shall give the holder or any beneficiary
the right to enter on the land except for enforcement of the
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(0) "Screening" means existing or planted vegetation or topography
whi~ makes any structure on any property visually inconspicuous in
sUlTE'r months as vi ewed from the ri ver.
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(P) "Setback" means the minimum horizontal distance between any part of
a structure and the ordinary high water mark or a bluffline. In
areas where the ordinary high water mark is not evident, setbacks
shall be measured from the stream bank of the following water
bodies that have permanent flow or open water: the main channel,
adjoining side channels, backwaters, and sloughS.
(Q) nSlope" means all lands between ,the ordinary high water mark and
the riverway boundary having an angle of ascent or descent of more
than 12~ (percent) from the horizontal.
J
(R) liSt. Croix Riverwa II means all lands and public waters within the
riverway boundary ubject to these regulations.
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(S) IIStructurell means ny building or appurtenance thereto, including
garages, decks, do ks, and stairways, except transmission services.
(T) IISubstandard Struc ure" means any structure legally establ i shed
before the effecti e date of the Bluffland and Shoreland Ordinance
which does not mee the structure setbacks or other dimensional
standards of the 0 dinance.
(U) IIVariancell means a y modification or variation of the dimensional
standards, or othe requirements of the Bluffland and Shoreland
Ordinance where it is determined that, because of hardships, strict
enforcement of the Ordinance is impractical.
(V) IIVisually Inconspi uousn means difficult to see or not readily
noti ceab le in sunm r months as vi ewed from the ri ver.
(W) "WatercQursell means a channel in which a flow of water occurs
either continuousl or intermittently. The term applies to either
natural or artificially constructed channels.
(X) IIWetlandsll means land which is annually subject to periodic or
continual inundation by water and commonly referred to as a bog,
swamp, marsh, or 1 ough. .
Subd. 3. DESIGNATION OF DIST ICTS.
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(1) For the purpose of pr tecting the natural resources and natural scenic
values of the land within th~boundaries of the Lower St. Croix Riverway
the following districts s all be established:
(2) The boundaries of the Lower St. Croix Riverway and the urban district
with sewer and water service and urban district without sewer and water
include all of the land riverward of the legally described Riverway
boundary contained in the official copy of the Lower St. Croix National
Scenic Riverway Master Pl n and as shown on the map designated as Riverway
Boundary, IIExhi bi t A II.
(3) The boundaries of the Lower St. Croix Riverway zoning districts are
designated on the map mar ed as the Riverway Boundary "Exhibit All and
attached hereto and made part of the City of Stillwater official Zoning
Map.
Subd. 4 USE STANDARDS.
(1) Purpose. The purpose f establishing standards for uses in the Saint
Croix Riverway shall be t protect and preserve existing natural, scenic,
and recreational values, 0 maintain proper relationships between various
1 and use types.
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~ (2) Permitted Uses. All structures associated with the following uses are
permitted in the Saint Croix Riverway subject to the dimensional
requirements of a the-Bluffland/Shoreland Ordinance.
(A) conservancy;
(B) agriculture;
(C) single-family residential
(D) governmental highway waysides, rest areas, information areas,
parks and scenic overlooks; and
(E) governmental resource management and interpretive activities.
(3) ACCESSORY USES IN GENERAL. All apprutenances associated with
and customarily incidental to permitted uses.
(4) CONDITIONAL USES.
(1) Conditional uses are uses which normally are not permitted in the urban
districts of the St. Croix Riverway unless it is determined by the
City Council, after a public hearing, that the proposed use shall:
,
(A) Preserve the scenic and recreational resources of the St. Croix
Riverway, especially in regard to the view from and use of the
river.
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(B) Maintain safe and healthful conditions.
(C) Limit erosion potential of the site based on degree and
direction of slope, soil type, and vegetative cover.
(2) Conditional use must mee~ in addition to the dimensional and other
requirements, the following standards: .
(A) The proposed use i~ consistent with the City Comprehensive and Area
Plans and complimentary to the existing and adjacent land uses.
(B) The side and front setback requirements of the local zoning
ordinance.
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(C) A parking layout and site plan which provides on-site or off-street
parking spaces for all employees of the project, an exclusive area
for loading docks where required by local ordinance, and off-street
customer parking spaces as required by local ordinance.
(D) An on-site grading and surface water run-off plan for the site
which minimizes soil erosion and degrading of surface water
quality.
(E) A landscaping plan for the site is illustrated which minimizes the
visual impact of the proposed project as viewed from the river and
which visually screens all parking areas from the river. The
applicant shall provide the Community with a performance bond for
5
the cost of all 1 ndscaping to insure compliance with the
landscaping plan.
(F) The project meets all zoning and subdivision requirements.
(6) The project requi es no alteration or fill of the shoreline,
bluffland, or flo dway.
(H) No lighted or fla hing signs shall face riverward.
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(C) Department store .
(0) Establishment fo the sale of china, floor covering, hardware,
furniture,househ ld goods and appliances, paint, wallpaper,
materials and ob ects of interior decorating.
(E) Establishment fo the sale-of books, magazines, newspapers, tobacco
products, drugs, flowers, gifts, music, photographic supplies,
sporting goods, tationery and the like.
including supermarkets.
(3) The following listed rban District Conditional Uses are considered
Conditional Uses.
(A) All lawful busin
(B) Manufacture of b ked goods, provided not more than five persons are
employed in such business.
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(F)
Eating places su h as lunchrooms, restaurants and cafeterias and
places for the s le and consumption of soft drinks, juices, ice
cream and bevera es oj all kinds, but excluding Ndrive-inl'
establishments. .
(6)
Service establis ments such as barber or beauty shops; custom
tailors, laundry agencies and self service laundries; laundries,
shoe repair shop; dry cleaning, pressing or tailoring shops;
printing shops; adio and television stations; telephone exchanges
and the like. '
(H) Business and pro essional offices and office buildings.
(1) Hotels and motel.
(J) Funeral homes an mortuaries.
(K) Automotive sales service and storage, excluding gasoline filling
stations.
(L) Transportation s ations and terminals.
(M) Amusement and re reational establishments such as armories,
assembly halls, owling alleys, dance halls, pool and billiard
parlors, skating rinks and other social, sport or recreational
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centers operated as a business, provided the place or building in
which it is operated is sufficiently sound-insulated to effectively
confine the noise to the premises.
(N) Marinas subject to the requirements of Subdivision 12.
(0) Office display or sales space of a wholesale jobbing or
distribution establishment not specifically mentioned as permitted
only in a less restricted district, in connection with which not
more than 25% of the floor area of the building, or part thereof,
occupied by said establishment is used for making, assembling,
remodeling, repairing, altering, finishing or refinishing its
products or merchandise; and provided that: .
(1) Any resulting cinders, dust, fumes, noise, odors, refuse
matter, smoke, vapor or vibration is effectively confined to the
premises.
(2) The ground floor premises facing upon and visible from a major
street upon which the premises abut shall be used only for
entrances, office or display.
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(P) Any other building, use or service similar to those hereinbefore
listed in the type of services or goods sold, in the number of
persons or vehicles to be attracted to the premises or in the
effect upon adjacent areas.
(Q) Any accessory use customarily incident to a use authorized by this
Subdivision, except that no use speCified in City Code 31.01,
Subd. 20 and 21 as prohibited, or pennitted only by special permit,
in an industrial district Shall be permitted as an accessory use.
.
Subd. 5. PROHIBITED USES. The following uses shall be prohibited in all
districts:
~ .
(A) sand and gravel opetations;
(B) junkyards;
(C) mobile home parks;
(D) downhill ski areas;
(E) advertising sign visible from the river.;
(F) all uses not authorized in this Shoreland/Bluffland Ordinance.
Subd. 6. NON~CONFORMING USES. Prohibited uses legally in existence prior to
the effective date of adoption of the Riverway Shoreland and Bluffland
Ordinance are nonconforming uses. Such uses can be maintained but shall not be
enlarged or expanded.
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.
Subd. 7. DIMENSIONAL STANDA DS AND OTHER REQUIREMENTS.
(l) Purpose. The purpose of establishing dimensional standards and criteria
in the Saint Croix Riyer ay shall be to protect riverway lands by means of
acreage, frontage, setba k and height reQuirenents on development. Specific
objectives shall be to m intain the esthetic integrity of the Saint Croix
Riverway's dominant natu al setting, to reduce the adverse effects of
poorly planned shoreland and bluffland development, to provide sufficient
space on lots for sanita y facilities, to minimize flood damage, to prevent
pollution of surface and ground water, to minimize soil erosion, and to
provide a natural buffer between the river and developed areas.
(2) Minimum Dimensional equirements.
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(A) The following ch rt sets forth the minimum area, setbacks, and
other dimensional r quirements of each district.
URBAN DISTRICT
WITHOUT
SEWER AND WATER
19h water mar acre
(2) Lot width at building setba k line
(3) Lot width at water line
150 feet
150 feet
URBAN DISTRICT
WITH PUBLIC
SEWER AND WATER
20,00 sq. t.
100 feet
(4) Structure setback from ordi ary high water mark 100 feet
100 feet
100 feet
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(5) Structure 'setback from bluf line
(6) On-site sewage treatment sy tern setback from
ordinary high water mark #
(7) On-site sewage treatment sy tern setback from
bluffline '
40 feet
40 feet
100 feet
-.
40 feet
35 feet
35 feet
,
(8) Maximum structure height
(9) Maximum total lot area cove ed by impervious
surf ace
20% (8,700
SQ. ft.)
20% (4,000
sQ. ft.)
10) On slopes less than 12%, th controlled
vegetative cutting areas se back are from:
ordinary high water mark
bl uffl i nes
100 feet
40 feet
100 feet
40 feet
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(3) OTHER REQUIREMENTS.
(A) Slopes. Structures shall not be permitted on slopes greater than,12.
percent, with-the exception of stairways and lifts. The physical
alteration of slopes shall not be permitted for the purpose of
overcoming this limitation.
(B) Floodplain. New structures shall meet the floodway requirements as
defined in the Flood Plain Ordinance 31.07.
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(C) Color of structures. The exterior color of new structures, including
roofs, shall be of earth or summer vegetation tones, unless completely
screened from the river' by topography.
(D) Sewage disposal. Shall meet requirements or Subdivision 11.
(E) Vegetative cutting: .
(i) Permit required. On lands 100 feet of the ordinary high water mark
and forty feet landward of blufflines and on slopes greater than 12% ,
there shall be no vegetative cutting of live tfees or shrubs without a
permit. A permit may be issued only if:
(A) the cutting, including topping, involves trees less than six
inches in diameter at breast height;
(B) the cutting, including topping involves vegetation which is not
screening any structure from view from the river; an~
(C) the essential character, quality, and density of existing growths
is preserved and continuous canopy cover is maintained; or
(D) the trees, or~trees diseased, and their removal is in the public
interest; or '
..
(E) the cutting. is necessary for the maintenance of transportation
lines or utility-rights-of-way.
(ii) Permit not required. A vegetative cutting permit is not required
for the following; however, the vegetative cutting shall be accomplished
in such, a manner that the essential character, quality, and density of
existing growths is preserved and continuous canopy cover is maintained
as viewed from the river:
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(A) clearing the minimum area necessary for a structure, sewage
disposal system, and private road and parking area, undertaken
pursuant to a validly issued building permit;
(B) maintenance trimning or pruning on any particular property or in
transportation or utility rights-of-way;
(C) vegetative cutting in areas of the Saint Croix Riverway not
covered under subpart 4, provided that the cutting, including
topping, involves vegetation which is not screening any structure
from view from the river.
9
(F) Gradin and fi Inn
ng, excavating, or otherwise changing the
of the ordinary high watermark shall not be
permit -from the local authority. A permit may
(i) Grading, fill
topography landwar
conducted without
be issued only if:
(A) slopes grea er than 12 percent are not altered where erosion
and visual scar may result;
(B) earth movin , erosion, vegetative cutting, draining or
filling of wet1 nds, and the destruction of natural amenities is
minimized;
(e) the sma11es amount of ground is exposed for as short a time
as feasible;
(D) during cons ruction temporary ground cover, such as mulch,
is used and pe anent ground cover, such as sod, is planted;
(E) temporary d permanent methods to prevent erosion and trap
sediment are em loyed; and
(F) fill is sta ilized to accepted engineering standards.
(ii) pennit not re uired.A separate -grading and filling permit is
not required for g ading, filling, or excavating the minimum area
necessary for a st ucture, sewage di sposa1 system, and pri vate road
and parking area u dertaken pursuant to a validly issued building
permit. However, t e standards and criteria of subpart (ii) shall
be required as con itions of the building permit.
Subd. 8. Exceptions to the mi imum setback requirements include the following:
(1) Where a substandar setback pattern from the ordinary high water mark or
~. b1uff1ine has a1~ady been established by existing principal dwelling
unit structures on adjacent lots on both sides of the proposed building
site, the setback f the proposed structure shall be the average setback
of the existing dwelling units plus at least forty (40) feet, or the
required minimum s tbacks of the underlying zoning district, whichever
distance is less rom the average setback line. This exception shall
apply only to substandard lots which do not meet the minimum lot width
requirements of p rt Subdivision 7.
(2) Developments subj ct to state permits which provide services to the
public and which, by their nature, require location on or near public
waters shall be s bject to the condi ti onsof the state permi ts as
provided in parts Minnesota Rules Part 6105.0390 and 6105.0410to
6105.0440.
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(3) Temporary docks m y be allowed as approved by federal, state, or local
governments to ex end into the water the minimum distance necessary to
facilitate the la nching or mooring of watercraft during the open-water ~
season.
10
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(4) Signs may be allowed as approved by federal, state, and local
governments which are necessary for the public health and safety. Signs
may also be allowed that indicate areas that are available or not
available for.public use. Outside the minimum setbacks within the Saint
Croix Riverway, signs that are otherwise lawful are permitted, provided
they wi 11 be vi sually inconspi cuous in SlJTlmer months as vi ewed from the
river.
(5) Stairways and lifts to enable access from bluffland properties to the
water on steep slopes may be allowed by the local authority, provided
the disruption of vegetation and topography is kept to a minimum and the
structure will be visually inconspicuous in the summer months as viewed
from the r; ver.
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Subd. 9. SUBSTANDARD lOTS. lots recorded in the office of the County Register of
Deeds prior to May 1, 1974, that do not meet the requirements of Subdivision 7,
may be allowed as building sites when:
(1) The proposed use is permitted in the zoning districts;
(2) The lot has been in separate ownership from abutting lands since May 1,
1974; and
(3) It can be demonstrated that a proper and adequate sewage disposal system
can be installed in accordance with the provisions of Subdivision 11,
and;
,
(4) The dimensional standards of the Bluffland and Shoreland Ordinance are
complied with to the greatest extent" practicable.' -
Subd. 10. SUBSTANDARD STRUCTURES: All structures legally in existence prior to
the effective date of adoption Qf the Bluffland and Shoreland Ordinance that
do not meet the structure or sewage treatment system setbacks requirements or
other dimensional standards of the ordinance are considered substandard
structures ~nd shall be subje~t to the following conditions:
-. '
(A) Substandard structures that contain non-conforming uses shall not
be en 1 arged or expanded.
(8) Substandard structures and substandard sanitary facilities shall be
allowed to continue.
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(C) In no instance shall the extent to which a structure or sanitary
facility violates a setback standard be increased.
(D) An extension, enlargement, or alteration of an existing substandard
structure may be permitted on the side of the structure or facility
facing away from the river or bluffline.
(E) Any alteration or expansion of a substandard structure which
increases the horizontal or vertical riverward building face shall
not be allowed unless it can be demonstrated that the structure
will be visually inconspicuous in summer months as viewed from the
river as determined by the City Council after public hearing.
11
(F) Exterior decks ttached to the structure which do not extend any
roof or foundati n, may be permitted'to extend laterally (parallel
to tne river or bluffline) at the same setback as the substandard
structure if said deck is visually inconspicuous in summer months
as viewed from he river, and the deck has no roof or building
f oundat ion.
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(G) If a substandar structure needs replacing due to destruction,
deterioration, r obsolescence, such replacement shall comply with
the dimensional standards of this Ordinance.
Subd. 11. SEWAGE DISPOSAL. Any premises intended for human occupancy must be
provided with an adequate ethod of sewage disposal. subject to the following
items;
(1) Public collecti n and treatment facilities must be used where available
and where feasi le.
(2) Where public or municipal facilities are not available, all on-site .
individual sewe disposal systems shall conform to the minimum standards
as set forth in Regulations of the Department of Health and Minnesota
Pollution Contr 1 Agency.
(3) A septic tank/d ainfield system shall be the only acceptable system for
installation un ess it can be demonstrated that this system is not
feasible on the particular lot in question and it can be demonstrated ~
that the system bei ng proposed as an alternate wi 11 not cause a
pollution probl m. _. .',. '
(4) No person, firm or corporation shall install, alter, repair, or extend
any individual ewerpisposal system without first obtaining a permit
therefore from he COmmunity Development Director for the specific
installation, a t~ration, repair, or extension.
,
Subd. 12. MARINAS.
".
(1) New and or expanded marinas may only be allowed.
(A) Between the Bo site Highway Wayside and the City of Stillwater.
(B) Downstream from the northern City limits of Stillwater in urban
districts.
(2) New marinas shall m et the design standards of Natural Resources Regulations
including Minnesota Rul s Part 6105.0410, Subpart 2.
(3) Permit requirements. No construction or development associated with a marina
shall begin until all 0 the following authorizations have been obtained by the
applicant.
(A) Marinas shall
a Conditional Use in this Ordinance.
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(B) For uses and structures above the ordinary high water mark associated
with a marina, a public hearing shall be held by the City Council to
consider a marina as a conditional use in accordance with Department of
Natural ResourcesU'Regulations including Minnesota Rules Part 6105.0530.
The City Council may approve or deny the marina on said standards of the
Department of Natural Resources. If the governing body approves the
marina, final issuance of the local permit shall be conditioned upon
granting of all State and Federal permits required in Department of
Natural Resources Regulations including Minnesota Rules Part 6105.0410.
Subd. 13. ALTERATIONS IN PUBLIC WATERS.
(1) Changing the course, current, or cross section of public waters shall
require State and Federal permits as specified in Minnesota Rules Part 6105.0420
before any local permits may be issued.
Subd. 14. TRANSMISSION SERVICES.
(1) A permit from the Commissioner is required pursuant to Minnesota Statutes,
Sections 84.415 or 105.42 before transmission services'may cross state-owned'
lands or public waters and shall be in accordance with the Natural Resources"
Regulations including Minnesota Rules Part 6105.0430.
'.
Subd. 15. PUBLIC ROADS.
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(1) A permit from the Commissioner of Natural Resources is required before
construction, reconstruction, removal, or abandonment of any road or railroad~
crossing of public waters within 'the Riverway. Said permit shall be in'
accordance with the Natural Resources Regulations Minnesota Rules Part '
6105.0440.
Subd. 16. SUBDIVISIONS.
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(1) Land Suitability.
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(A) ~o land shall be subdivided which is found by the governing body to be
unsuitable for reason of flooding, inadequate drainage, soil and rock
forwations with severe limitations for development, severe erosion
potential, unfavorable topography, inadequate water supply or sewer
disposal capabilities or any other feature likely to be harmful to the
health, safety, or welfare of the future residents of the proposed
subdivision or the community. The City Council in applying the
provisions of this section shall in writing cite the particular features
upon which it bases its conclusions that the land is not suitable for
the proposed use and afford the subdivider an opportunity to present
evidence regarding such suitability at a public hearing. Thereafter, the
governing body may affirm, modify, or withdraw its determination of
unsuitabi 1 i ty.
(2) Preliminary Plans.
(A) Preliminary plans for all plats, including planned cluster developments
shall be approved by the Commissioner or his agent in writing prior to
preliminary approval by the City Council.
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(B) All subdivisions shall comply with the applicable prOV1Slons of the City ~
of Stillwater Su division Ordinance No. 492 as amended.
(3) PLANNED ClUSTER DEVE OPMENTS.
(A) A pattern of sub ivision development which places dwelling units into
compact grouping may be allowed when the proposed clustering provides a
better means of reserving agricultural land, open space, woods, scenic
views, wetlands, and other features of the natural environment than
traditional subd vision development. Except for minimum setbacks and
height limits, a tered dimensional standards may be allowed as
exceptions to th"s Ordinance for planned cluster developments, provided:
(1) In urban dis ricts of this Ordinance and only where public sewer and
water will be in ta11ed in the proposed cluster development, the number
of dwelling unit shall not exceed fifty percent (50%) more than the
total number of e11ing units allowed if the development was based
on the minimum 1 t size requirements for single family residential
subdivision. .
(2) Open space s all be preserved. At least fifty percent (50%) of the
length of shore1 nd or b1uff1and frontage as viewed from the river shall
be kept in its n tural state.
(3) Temporary do ks, if allowed, shall be centralized and of a size n~t
to exceed the ne ds .of the residents of the development. ~
Subd. 17. ADMINISTRATION.
(1) Administrative Proce
.
(A) In addition to t e applicable administrative procedures set forth in
City Code 31.01, Subdivision 27 of the Zoning Ordinance, the following
~rocedures shall be implemented with respect to land, subject to this
O~dinance. ~
(1) A public hea ing shall be held for all zoning district amendments,
zoning text amen ents, conditional use permits, planned unit
developments, su divisions, and variances.
(2) No less than twenty (20)days prior to the public hearing, the
Community Develo ent Director shall send notice and copies of the
applicants info ation as specified in Subdivision 17 (6) to the
following agenci s for review and comment.
(i) Department of Natural Resources.
(ii) Minnesota/ isconsin Boundary Area Commission.
(B) The applicant fo any permit requiring a public hearing shall submit to
the Community De elopment Director at least thirty (30) days prior to ...
such hearing, an abstractors certificate showing the names and addresses ~
of all property wners within 350 feet of the affected property, and any
14
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local governments, within two (2) miles of the affected property. This
requirement does not apply to amendments to the text of the Riverway
Bluffland Shoreland Ordinance.
Notice of the purpose, time, and place of such public hearing shall be
mailed to all property owners and local governments listed in
Subdivision 17 (17) (B) at least ten (10) days prior to the date of the
hearing.
(D) Notice of the purpose, time, and place of any such public hearing shall
be published in the official newspaper of the affected communities at
least ten (10) days prior to the date of the hearing.
(C)
(2) Certification of the Commissioner of Natural Resources.
(A) Before any zoning district ordinance amendment or variance becomes
effective, the governing body shall forward the decision to the
Co~;ssioner. The Commissioner shall certify in writing that the
proposed action complies with the intent of the Wild and Scenic Rivers
acts and the Master Plan for the Lower St. Croix River within thirty'
(30) days of receipt of final decision in the manner specified in
Department of Natural Resources Regulations Minnesota Rules Part
6105.0540.
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(3) Forwarding a Final Decision.
{A} The City Clerk shall forward decisions within ten (lO)days of final
action on all conditional use permits, planned unit developments, and
subdivisions to the Commissioner of Natural Resources.
(4) Permit Process.
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St. Croi x Riverway Ordi nance 'Permi ts Urban Di stri ct
District ' -.
Bui ldi og Permits' LP
Septic Permits LP
Grading Permits LP
Tree Cutting Permits LP
Conditional Use Permits PH - WA - FD
Amendments to liverway Bluffland Shoreland Ordinance PH - WA - FD
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Amendments to listrict Boundary
Plats and Cluster Developments
Vari ances
PH - WA - CC
PH - WA - FD
PH - W A - CC
,c;
LP - Permit issued by the loca authority in accordance with this Ordinance and all ~
other local permits. ,.,
CC - Certification by the Co issioner of Natural Resources prior to final local
approval.
PH - Public hearing necessary by the local authority giving twenty (20) days notice
of meeting to the Commissioner of Natural Resources and other agencies listed in
Subdivision 17 (1) (8).
FD - Local authority forwards any decisions to the Commissioner of Natural
Resources within the (10) day after taking final action.
WA - The Commissioner of Natu al Resources shall submit, after notice of public
hearing and befote the local uthority gives prelimiflary approval, a written review
and approval of the project.
(5) Vari ances.
(A) Variances shall on y be granted where there are particular hardships
which make the str ct enforcement of this Ordinance impractical.
Hardship means the proposed use of the property and associated
structures in ques ion cannot be established under the conditions
allowed by this Or inance; the plight of the landowner is due to
circumstances uniq e to his property, not created by the landowners
after May 1, 1974; and the variance, if granted, -will not alter the
essential characte of the locality. Economic considerations alone ~
shall not constitu e a hardship for the reasonable use of the property
and associated str ctures under the conditions allowed by this
Ordinance. In addi ion, no variance shall be granted that would permit
any use that is pr hibited in this Ordinance in which the subject
property is locate . ~onditions may be imposed in the granting of a
variance to insure compliance and to protect adjacent properties and the
public interest, e pecially in regard to the view from the river.
(8) the public hearing"for a variance shall be held by the Planning
Commission and Ci Council as set forth in the Zoning Ordinance.
(6) Requirements of the A plicant for a Public Hearing.
(A) The applicant Shall submit sufficient copies of the following
information and a ditional information as requested to the Community
Development Direc or thirty (30) days prior to the public hearing on the
application for a conditional use, variance, planned unit development,
or subdivision.
(1) Plat of surve showing the property location, boundaries,
dimensions, eleva ions, blufflines, utility and roadway corridors, the
ordinary high wat r mark, floodway, and floodplain.
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(2) The most recent aerial photo of the property with property lines
drawn in.
(3). Location of existing and proposed structures including height and
setback dimensions. ~
(4) Location of existing and proposed alterations of vegetation and
t opogr aphy .
<\\ ,
(5) Adjoining water-oriented and other uses.
(6) Suitability of the area for on-site waste disposal. Type, size, and
location of the system shall be indicated. If a public or municipal
wastewater collection and treatment system is to be utilized, the
applicant must submit a written agreement from the City indicating that
the system has the capacity to handle the development.
(7) An estimate of permanent and transient residents.
(7) Factors to be considered.
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(A) When considering a conditional use permit, variance, subdivision,
proposal or zoning amendment within Shoreland and Bluffland District,
the City shall address the following items in making its decisions:
(1) Preserving the sceni~ and recreational resources of the St. Croix
Riverway, especially in regard to the view from and use of the
river. .
(2) The maintenance of safe and healthful conditions.
(3) The preventio~ and control of water pollution, including
sedimentation~
...
(4) The location of the site with respect to floodways, slopes, and
blufflines. ...
(5) The erosion potential of the site based on degree and direction
. of slope, soi 1 type, and vegetati ve cover.
(6) Potential impact on_game and fish habitat.
(7) Location of the site with respect to existing or future access
road s.
(8) The amount of wastes to be generated and the adequacy of the
proposed disposal systems.
(9) The anticipated demand for police, fire, medical, and school
services and facilities.
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(10) The compatibility of the proposed development with uses on
adjacent land.
17
Subd. 18. ENFORCEMENT.
A. Enforcement.
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(1) It is declared u lawful for any person to violate any of the terms and
provisions of this 0 dinance. Violation thereof shall be a misdemeanor.
Each day that a viol tion is permitted to exist shall constitute a
separate offenses.
(2) In the event of violation or a threatened violation of this Ordinance,
the City Council, 0 the Commissioner of Natural Resources, in addition to
other remedies, may nstitute appropriate actions or proceedings to prevent,
restrain, correct, 0 abate such violations or threatened violations and it
is the duty of the C ty Attorney, or State Attorney General, to institute
such action.
8. Separability.
(1) It is hereby dec ared to be the intention that the several provisions of
this Ordinance are s parable in accordance with the following:
(A) If any court of competent jurisdiction Shall adjudge any provision
of this Ordinanc to be invalid, such judgment shall not affect any
other provisions of this Ordinance not specifically included in said
judgment.
(8) If any court of competent jurisdiction Shall adjudge invalid the ~
application of ny portion of this Ordinance to a particular property, ..,
building, or at er structure, such judgment Shall not affect the
application of said provision to any other property, building, or
structure not s ecifically included in said judgment.
(C) Nothing con
requiring a pe
,
in this Ordinance repeals or amends any Ordinance
license to engage in any business or occupation.
.
-.
PASSED BY THE CITY COUNCIL THIS
C, _;t;I..- OA Y OF ~L/A.<.U
IJatj ~
, 1989.
ATTEST:
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RESOLUTION
No. 8064
BE IT RESOLVED, by the City Council of the City of
Stillwater that an ordinance amez:ldment has been adopted by the
City Council amending the Stillwater City Code by amending
Section 31.03, The Riverway Blufflandand Shore land Ordinance,
and that the Council by four-fifths of its members, does find
that the attached Title and Summary of the ordinance as prepared
by the City Attorney, does clearly inform the public of the
intent and effect of the ordinance and the form of publication is
approved. This action is given as required by the Stillwater
City Charter Article V, ~ f. The form that shall be published is
as set forth hereafter:
TITLE AND SUMMARY
ORDINANCE NO. ~
AN ORDINANCE AMENDING THE STILLWATER CITY CODE,
CHAPTER ~ 31..-03
THE RIVERWAY BLUFFLAND AND SHORELAND ORDINANCE
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1. This ordinance provides for the procedure to be used
and the standards to be applied to Development and redevelopment
in the Riverway Bluffland and Shore land District by:
(a) Designating sUftable land use districts along the
bluffland and shore land of the Lower St. Croix River.
(b) Regulating the area of a lot, and the length of
bluffland and water lot frontage suitable for building
sites.
(c) Regulating the setback of structures and sanitary waste
treatment facilities from blufflines to protect the existing
and/or natural scenic values, vegetation, soils, water, and
bedrock from disruption by man-made structures or
facilities.
(d) Regulating the setback of structures and sanitary waste
treatment facilities from shorelines to protect the natural
scenic value, floodplain, and water quality.
(e) Regulating alterations of the natural vegetation and
topography.
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(f) Conserving and protecting the natural scenic values,
historical and cultural resources of the river valley and
maintaining a high standard of environmental quality
consistent with the National Scenic Rivers Act (PL 90-542)
and Lower St. Cro~x Act (PL 92-560) and Master Plan, and ~
with Minnesota De artment of Natural Resources Standards and ~
Criteria for ~he ower st. Croix National Scenic Riverway
(Minnesota Rules art 6105.0351 to 6105.0550).
2. A printed co y of the ordinance is available for
inspection by any pers n during the regular office hours of the
City Clerk, and during regular office hours at the Stillwater
Public Library.
3. Effective Date. This ordinance shall be in full force
and effect from and after its passage and publication according
to law.
Adopted by the City Council of Stillwater this
April , 1989.
Attest:
~
Publish: July 19, 1989 !
,
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18th day of
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STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF STILLWATER
i1lwater
:--..::
"'"\
THE BIRTHPLACE OF MINNESOTA
CERTIFICATION
I, Mary Lou Johnson, City Clerk of the City of Stillwater, Minnesota
do hereby certify that the foregoing Ordinance No. 706, The Riverway
Bluffland/Shoreland Ordinance, is a true and correct copy of an Ordinance
adopted by the Stillwater City Council on June 6, 1989.
SEAL
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CITY HAll: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6121
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Independent School District no. 834
Stillwater City Council
Stillwater City Hall
216 North 4th Street
Stillwater, MN 55082
Dear City Council Members:
1875 SOUTH GREELEY STREET
STILLWATER, MINNESOTA 55082
Phone 439-5160
V-TOO
December 1, 1989
District 834 is celebrating Earth Week in April 1990 in many special ways. Earth
Week Committee chairman, Terry Rossi and I would like to share some of the events
scheduled with you.
We invite the City of Stillwater to partake in any way you can. We feel very
strongly about relaying environmental concerns to our youth and feel the events
planned will help to protect the resources in our great state and the world.
We especially invite you to consider a cooperative effort between the city and
school district in holding a hazardous waste clean-up event. Please review the
included information from the county.
We look forward to sharing a little time with you during your December 5th
session.
Thank you,
/JJ~
Bob Kondrasuk
District 834 Teacher
Oak Park Elementary School
6355 Osman Ave. North
Stillwater, MN 55082
An Equal Opportunity Employer
JOHN SYBRANT. Principal
Afton-Lakeland Elementary School
475 St. Croix Trail South
Lakeland, Minnesota 55043
DAVID GRAHAM. Principal
Bayport Elementary School
Bayport. Minnesota 55023
WILLIAM RHODEN BAUGH. Principal
Lake Elmo Elementary School
Lake Elmo. Minnesota 55042
MARY JO WEINGARTEN. Ass',. Supt,
Central Services Bldg,
1875 So, Greeley Street
Stillwater, Minnesota 55082
ALLEN POSTHUMUS. Principal
Lily Lake Elementary School
2023 West Willard
Stillwater, Minnesota 55082
RUTH RANUM. Principal
Marine Elementary School
Marine-On-St, Croix, Minnesota 55047
BURNELL ANDERSON Principal
Oak Park Elementary School
6355 Osman Avenue North
Stillwater, Minnesota 55082
L. DONALD LOBITZ. Principal
Stonebridge Elementary School
900 North Owens Street
Stillwater, Minnesota 55082
RUTH RANUM. Principal
Withrow Elementary School
10158 North 122nd Street
Hugo. Mi~nesota 55038
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The Earth Flag Company of Middleville, New Jersey, contributed 12 Earth flags to the dls~
tricl. At the October 12 School Board meeting the flags, along with sets of environmental In-
formation posters, were presented to these students to bring back to their schools: (front,
from left) Scott Haraldson, Lily Lake; Aaron Farseth, Withrow; Ingrid Overchuk, Marine; (row
two, from left) Nate White, Stonebrldge; Justin Hesse, Oak Park; Ryan Simpson, Afton-
Lakeland; Krissy Trauscht, Lake Elmo; Elizabeth Seekel, Bayport; (back row, from left) Josh
Ellweln, Oak-Land; Louise McCarthy, Washington Campus; Anita Cundall, Senior High;
Derrick Williams, Stillwater Junior High,
District 834 plans Earth Week1990
A districtwide recognition of concern for the environment is b('ing plann('d for th(' week of
April 16,22, 1990, Earth Week 1990 inlJlstrict 8:31 will coincide with the 20th anniversary
of the original Earth Day, April 22, 1970,
Senior High teachers Tell)' RossL'Dave Murphy and Vik Wilson, who are heading a K,12
Earth Week planning committee, envision the event as one that will Involve students, starf
and community in exploring topics such as interdependence, preservation, restoration,
stewardship, pollution, and waste dis'po~aI. They are planning a convention fomlat with
guest speakers/presenters, large and sma'lI groll p sessions, films, workshops, seminars,
and panel discussions. .
Among the many speo ~ers and presentations committed to and activities being planned
for Earth Week 1990 are:
· Establishment of a task force to address environmental issues of concern within the
school district, such as policies on waste disposal, energy use and recycling,
* Demonstrations of environmentally sound technology,
* A presentation by Michael HOlty, who supervised the 3M products used In the cleanup of
the Exxon oil spill. . '
* "Trash," Climb Theatre's play about r~cy'cling,
* A presentation on trump~ter swans ~y the: DNA.
* A speaker on lakeshore rrranagem,enl. ' '. .
* Establishment of a cross grade lettellnterdiscipllnary database of information about our
environment, easily aGcesslb!e. to all'D1strlct 834 staff,
Earth Week 1990 is being structured to encourage a high degree of Involvement by partic-
ipants in proposing possible solutions to environmental problems. It Is hoped that one of
the outcomes of the conference will be to provide those who attend with a personal sense of
commitment to continuing and 'extendlng'1.he effort to restore and nurture our earth,
If you would like to participate in Eartn Week 1990 as a presenter, speaker, volunteer,
etc., contact Rossi, Murphy or Wilson at"the SerilQr High.
'.
'Savvy environmen
already hyping E
Earlier this month, East Coast fund-raiser er Craver ~: ~';,...
, dispatched a direct mailing to 100,000 en . entalists. '!:
nationwide, a glossy packet inviting them to become co- '.":"
sponsors of Earth Day 1990 by committing time money to the, '.u
cause. .~ : \'~
Although it may appear to be a routine solicita on, the packet.,,,,
more: It represents a media-savvy marketing paign that is a ' ~ '
first for the environmental movement, which is tr ditionally~,
reflective of Woodstock than Madison Avenue.
The strategy is being planned as carefully as a residential ...' ,
campaign, says Craver, whose 20 years of success with Craver, :. " - .:
Mathews, Smith & Co. has earned him the title of ' fund-raising,~, . ' .
czar." And he's only one of a handful of top consul ts, many of, ,~'
them veterans of Earth Day I, working on Earth y's 20th ~ n .: "
anniversary rlans for minimal fees because they lieve in the . ~ .,'
magnitude 0 the environmental crisis. . , .
"We're trying to organize '- '
this like the movie 'Batman,'
80 that when Earth Day
arrives on April 22,
everybody will know about
it," proclaims Los Angeles
public-relations consultant
Josh Baran.
"Earth Day can be the '.
booster rocket for the next 10 ' , -
years in making people more . . '
receptive in terms of changing behavior." . " '
The Earth Day 1990 campaign includes fOcus ups, . . .
questionnaires, videos, a national broadcast and p . t adv.ertising' . ~
campaign, logos, prototype T-shirts - all the esse tials for the ". !"'-
marketing of a commer..;ial product or a political didate. ~ .~..'
All this - and more - is being coordinated out f official Earth"~
Day 1990 beadquarters, a donated storefront in town Palo : ~~;
Alto, Calif. The Earth Day goal, in the w~rds of Denis' ,.,.
. Hayes, is nothing less tbab a full-scale revamping f society's
behavior. '
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''We want to change the world," says Hayes, who, as a law
student, organized the first Earth Day in 1970.
Hayes, now on leave from a San Francisco law firm, spoke -.-
recently by phone from London, in the midst of a two-week trip .,
enlisting environmentalists and other activists on a sweep of six ...
European countries.
"We're getting a huge amount of enthusiasm. If it works, we'll
bave 50 (million) to 100 million people around the world -
participating," be says. .
This advance drum-beating is a far cry from the original Earth
Day in 1970. Coordinated by Hayes and a groundswell of student
activists essentially to protest air pollution, that event rallied more
~ ~.P million people nationwide and surprised almost everybody
WIth I' scope. ,
"It came like a shot out of the dark," Craver recalls, "Citizen
action in those days bad been focused on the Vietnam War. People
bad to go look up the word ecology."
Says Earth Day executive director Chris Desser: "The first Earth
Day really did give birth to the environmental movement. The
challenge now is this: What are we going to do about it? How can I
change my behavior? How can I get corporations, the government,
to change their behavior?"
While Hayes is mobilizing the world, Desser, a lawyer and .
seasoned political organizer, is concentrating on America. Using
phones, fu machines and computer networks, she oversees a paid ,.,
staff of 18 and several hundred volunteers. ,',
,',
"We've raised close to $1 million from foundations and .,
individuals and will be seeking $2 million more from individuals "
, and corporations." . ::
i For an operation of its scope, $3 million is modest, Earth Day "
'sponsors say, noting that Hollywood routinely spends $5 million to .
$6 million to market a humdrum movie, ...
I And this is not a humdrum issue. If Earth Day succeeds, sponso~
say, the ~~ 22 outpouring of rallies, official proclamations, ':'
nature w , pickets, tree-plantings, trash-ins and teach-ins will ' "
bequeath a permanent change in collective behavior.
It will sensitize consumers to the importance of buying an
I energy-efficient refrigerator, a fuel-efficient car, of protesting
\' excessive plastic packaging, of putting pressure on politicians and
corporations to respond to environmental needs.
In Los Angeles, Pacy Markman, who created the award-winning
: Miller Lite Beer account ("Everything you've wanted in a beer and
, less") among others, is already at work on the television, print and,
, radio advertising campaign.
, He's working with ,designer Scott Mednick, whose Mednick
- I Associates accounts inClude CBS' national advertising and who
designed the green and white Earth Day logo already appearing on
posters and IDers. : :
The campaign line will be ''Earth Day 1990: Who Says You Can't "
Cbanle the World?" ~ I
- CONNIE KOENENN, Loa Angele. Times'
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WASHINGTON COUNTY
DEPARTMENT OF PUBLIC HEALTH
GOVERNMENT CENTER
14900 61ST STREET NORTH, P.O. BOX 6 . STILLWATER, MINNESOTA 55082-0006
Office: 612/779-5445 Facsimile Machine: 612/779-5498
Mary Luth
Director
MFMEANIDI
stJB.JIDl' :
Ci ties and Townships in Washington Co\IDty
JoseJil Hibberd, R.S., Environmental Health Specialist~~~
Public Informational Meeting: Proposed Water Well Ordinance
December 5, 1989
TO:
~:
DATE:
'!'he purpose of this mailing is to provide you with an upiate on the proposed
Washington County Water Well Ordinance, and to invite you to a public
informational meeting to discuss the proposed ordinance.
The 1988-89 Washington Cotmty Commtmi ty Health Services (CHS) Plan, adopted by
the Cotmty Board of Cormnissioners on October 20, 1987, identified groundwater
protection as a public health concern. '!'he CHS Plan stated a goal of adopting
a water well construction and abandonment ordinance by March, 1990. The
1990-91 CHS Plan Update, adopted by the County Board on October 17, 1989,
continues to place a priority on groundwater protection.
~
Last May, the Washington County Public Health Department (Department) began
the process of developing this ordinance. Since then, meetings have been
conducted with several groups and individuals with an interest in water well
construction and abandonment to provide input into the development of the
ordinance.
You are invited to attend a public information meeting regarding the proposed
ordinance. Representatives from the Department will review the proposed
ordinance, be available to discuss the ordinance, and answer your questions.
We will welcome your conments at this meeting, and thereafter.
'!'he meeting will be held as follows:
DATE: Monday, December 18, 1989
TIME: 7:00 P.M.
LCCATION: Board Room, First Floor
Wa&'ling'ton Cotmty Government Center
14900 - 61st Street North
Stillwater, MN 55082
A summary of the revised ordinance is enclosed. Copies of the complete
proposed ordinance will be distribrt.ed at the December 18th meeting, or are
available by calling the Department.
If you have any questions prior to the meeting, please contact me at 779-3984.
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Enclosure
co: Washington Co\IDty Board of Conmissioners
Charles Swanson, ColBlty Administrator
P. Jerane Turnquist, Deputy Co\mty Administrator
Mary Luth, Director of Public Health
Nancy Nelson, Assistant Cotmty Attorney
Jim Nye, Minnesota Department of Health
Ed Schneider, Minnesota Department of Health
Washington County does not discriminate on the basis of race, color, national origin,
sex, religion, age or handicapped status in employment or the proviSion 01 services.
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SECTION I
1.02
1.03
1.04
esECTION II
2.01
2.03
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December 1, 1989
SUMMARY OF PROPOSED WASHINGTON COUNTY
WATER WELL CONSTRUCTION AND ABANDONMENT ORDINANCE
PURPOSE AND SCOPE
The purpose of the ordinance is to establish rules and standards for
the construction, reconstruction, repair, and sealing of water wells.
Permits will be required for well construction, reconstruction,
registered use, and sealing. The Washington County Public Health
Department (hereinafter referred to as the "Department") wi 11 conduct
inspections of new or reconstructed water wells.
The ordinance is adopted pursuant to the Groundwater Protection Act of
1989 and a delegation agreement between the Minnesota Department of
Health and the Department.
a. The ordinance will regulate the construction, reconstruction,
registered use, abandonment, and sealing of the following types of
potable and non-potable water wells:
1. Private residential wells
2. Commercial and Industrial
3. Irrigation wells
4. Abandoned and inoperable wells
b. The ordinance is not applicable to community public water
supplies, monitoring wells, and dewatering wells.
GENERAL PROVISIONS
The ordinance will be administered by the Washington County Public
Health Department.
Definitions of terms used in applicable statutes and rules referenced
are adopted by reference. The following terms also apply to this
ordinance:
a. "Abandoned well" shall mean a water well which meets any of
the following conditions:
1. the well is improperly sealed with unapproved methods or
materials;
2. the well is located, constructed or maintained in such a
manner that its continued use or existence endangers the
quality of groundwater, provides a distinct health
hazard to persons consuming water from the well, or
endangers the public safety;
3. the drilling was an unsuccessful attempt to construct or
reconstruct a well (e.g., a "dry hole");
4. the well is inoperable and does not have an annual
maintenance permit;
5. a well which has not been used for a period of one year
or more;
6. the well serves a building or structure which is planned
for demolition or removal, or has been ordered by the
Department or a County or municipal building official to
be demolished or removed.
b. "Accessible" shall mean located within 500 feet of the
property boundary, and located within the service area of the
public water supply.
2.04
2.05
2.07
2.08
SECTION III
3.01
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h. inant" shall mean any physical, chemical, biological,
iological substance or material in water which degrades
quality by contributing toxicity, constituting a
hazar , or otherwise impairing its usefulness.
o. "Emer ency" shall mean a situation in a water supply within
the s ope of this ordinance where the lack of water poses an
immed ate and significant danger to the health and welfare of
human, livestock, domestic fowl, or crops.
r. "lno rable Well" shall mean any well which is no longer used
to ob ain water and meets any of the following conditions:
1. se of the well has been replaced by another well
2. he well is located on property now served by a public
ater supply
3. he well is not usable or is not equipped with pumping
quipment
z. tion" shall mean the presence of any contaminant in
water which exceeds acceptable criteria and standards for
potab e, safe drinking water.
ff. "Reco struction" shall mean an extensive Change to the water
suppl system, including, but not limited to, replacement of
the c sing, modification of the well depth, or increasing the
capac'ty of the pump by more than 50 gallons per minute.
Recon truction shall not include minor repairs to the water
syste .
gg. "Regi tered Use Well" shall mean a well which requires the
annua issuance of a maintenance permit in accordance with
this rdinance.
hh. "Repa r" shall mean any action to investigate or correct a
failu e, breakage, or other deficiency which results in an
openi g of the well, well seal, or any other part of the
water supply system.
i1. "Repl cement" shall mean a repair where any part of the well,
pump, or other component of the water supply system is
excha ged with another component of the same size and
parfo ance as the original part.
vv. "Well Code" shall mean the current edition of the Minnesota
Depar nt of Health Water Well Construction Code contained
in Mi n. Rules Chapter 4725.
No person hall construct, reconstruct, repair, or seal a water
well exce t in full compliance with the provisions of this
ordinance.
The Depa nt may impose any conditions on a permit to ensure
compliance with this ordinance.
Representa ives of the Department may enter any property to
inspect or to perform any duty authorized by this ordinance.
No person hall hinder or otherwise interfere with representatives
of the Oep rtment in the performance of their duties.
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onflict between the provisions of this ordinance, local
municipal ordin nces, and state statutes or administrative rules, the
more restrictiv standard shall prevail.
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3.02
3.03
3.04
SECTION IV
4.01
3
The current edition of the state Water Well Construction Code, Minn.
Rules Chapter 4725 is hereby adopted by reference, except as modified
in Subsection 3.03.
a. The only acceptable type of well construction for a potable water
supply shall be a cased well.
b. The construction standards are not retroactive, except a water
supply shall be brought into compliance with this ordinance when
an existing water supply: contains pollution as a result of
failure to meet a construction standard, is declared an imminent
health hazard or pUblic health nuisance, or is reconstructed.
c. A physical connection shall not exist between a water supply
meeting the requirements of this ordinance and another water
supply which does not meet such requirements.
d. Any water introduced into a well for drilling, development, or
repair shall contain a minimum 10 mg/L of free available chlorine
residual. The water shall be free of bacterial or chemical
contamtnation. Surface water shall not be used.
e. Neat cement grout, when required, shall weigh a minimum of 15.0
pounds per gallon as measured at injection and at reappearance at
the ground surface.
f. A sampling faucet, when required, shall be located in a sanitary
location at least 6 inches, but not more than 60 inches, above the
floor, and turned downward. Such sampling faucet shall be smooth
and without internal or external threads.
a. The water quality from newly constructed or reconstructed potable
water wells shall meet the standards required in this subsection.
b. No organisms of the coliform group shall be detected in a water
sample.
c. The Recommended Allowable Limits (RAL) established by the
Minnesota Department of Health are adopted by reference. A newly
constructed or reconstructed water supply which contains chemical
concentrations in excess of the RAL shall not be used for a
potable water supply.
d. Nitrate-nitrogen in excess of 5.0 mg/L shall be considered
contaminated. Nitrate-nitrogen in excess of 10.0 mg/L shall be
considered polluted. The Department is authorized to require
additional testing of the water supply for other nitrogen
parameters.
e. The Department may require non-potable water supplies to meet the
standards of this section.
f. Water samples shall be analyzed in accordance with Standard
Methods or other approved testing methods.
PERMITS
a. A permit is required for the construction, reconstruction,
registered use, or sealing of any water well, except as prOVided
in Subsections 4.08. Work which requires a permit shall not start
until the permit is issued.
b. If a well results in a dry hole, a new penmit is not required for
another well on the same property.
c. The owner shall be responsible to obtain the required permit;
however, any person may file an application for a permit.
4.02
4.03
4.04
4.05
4.08
4.09
4.11
4.12
4.13
SECTION V
5.01
5.02
4
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d. The owner, applicant, permittee, and contractor may be held liable
for penalties imposed for work perfonmed without a permit.
Permits shall n t be transferable to another location.
a. A separate pump installation permit is required for a newly
constructe or reconstructed well if the pump will be installed by
anyone oth r than the well contractor, except if the pump is
installed y a subcontractor of the well contractor.
b. A separate pump installation permit is required for a new pump in
an existin well to be used for a new building or structure.
c. A permit s all not be needed for pump repairs or pump replacement
in an exis ing water well.
No permit for onstruction or reconstruction of a well shall be issued
if a public wat r supply is accessible unless approved in writing by
the municipalit having jurisdiction.
All application for a permit shall be submitted to the Department
in writing on f nms provided by the Department.
a. In the eve t of an emergency situation, as .defined in Subsection
2.03n, a c ntractor may start work after receiving verbal approval
and an aut orization code from the Department prior to making an
applicatio .
b. In the ev nt of an emergency situation when the Department office
is closed, a contractor may immediately start work prior to making
an applica ion.
c. The perso conducting the work under the provisions of this
subsection shall make an application in person at the Department
before 3: 0 p.m. of the first County workday following the
occurrence of the emergency.
A copy of the nmit shall be posted at the work site.
The County Boar shall establish fees for all permits. Fees shall not
be refundable ether in whole or in part after a permit has been issued
or renewed.
All permits req ired by this ordinance, except the Annual Maintenance
Permit, shall e pire one (1) year from the date of issuance.
A permit app1i ation which is denied may be revised and resubmitted by
the same appli ant within six (6) months of the date of the denial
notice.
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INSPECTIONS
The Department is authorized to conduct inspections to ensure
compliance with this ordinance.
a. The contra tor shall give reasonable notice to the Department at
the follow ng events:
(1) P ior to the start of the work authorized by a permit;
(2) P ior to grouting a new or reconstructed well
(3) W thin 72 hours after completing the work authorized by a
permi;a~
(4) W enever a significant condition or problem occurs which
in he opinion of the contractor requires technical
assis ance or advice, a permit amendment, or other action.
b. The contra tor shall notify the Department prior to 9:00 a.m. of
the day he work will be conducted for each of the required
notificati ns listed in (a).
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5.03
5.04
5.05
SECTION VI
6.01
6.02
6.03
5
If the work listed in (a) will be conducted during a time when the
Department's office is closed, the contractor shall notify the
Department by 9:00 a.m. of the next County workday that the work
has been performed.
The Department may collect and analyze samples of water, soil, drilling
cuttings, drilling fluids, grouting material, pipe, or any other
materials to ensure compliance with this ordinance. The contractor
shall reimburse the Department for costs to collect and analyze the
samples if the samples are found to be in violation of this ordinance.
The Department may issue an order to stop work when a violation of this
ordinance has occurred.
The Department may seize, embargo or condemn any well
appurtenances; well construction, repair, abandonment, or
equipment, supplies, and machinery; or other materials,
products, or services which do not meet the provisions
ordinance.
c.
or its
sea 11 ng
devices,
of this
ACCEPTABILITY OF WATER QUALITY
The Department may issue advisories to restrict or prohibit certain
wells by location, number, construction, use, or other criteria. The
Department will issue well advisories to affected persons upon the
review and approval of the Minnesota Department of Health.
a. A contractor or other qualified person shall collect a water
sample for nitrate-nitrogen analysis prior to grouting when
required, or completion of the newly constructed or reconstructed
potable drinking water well. The water sample shall be submitted
to the Department or the Department's designated laboratory.
b. A contractor shall collect, or cause to be collected, water
samples after completion of each newly constructed or
reconstructed potable drinking water well for total coliform
bacteria and nitrate-nitrogen analyses.
c. A contractor shall collect, or cause to be collected, water
samples from each repaired potable drinking water well for total
coliform bacteria analyses, except a water sample shall not be
required for repair work which involves only a jet pump
replacement.
d. The Department may require as a condition of a permit the
collection and analysis of additional samples for other water
quality parameters.
a. The contractor shall test the water for nitrate analysis of the
water after setting the liner and/or casing, but before grouting
or completeing the construction or reconstruction of the well.
b. If the nitrate concentration of the sample is less than or equal
to 5.0 mg/L and other applicable water sample results are
acceptable, the well may be grouted and/or completed after giving
the required notice to the Department.
c. If the nitrate concentration is greater than 5.0, but less than or
equal to 10.0 mg/L, and other applicable water sample results are
acceptable, the well may be grouted and/or completed after
Obtaining a signed statement of acceptance from the owner, and
approval to proceed from the Department. The statement shall
state that the owner has been notified that the nitrate-nitrogen
6.04
SECTION VII
7.01
7.02
7.03
7.04
6
-
concentrati n is greater than 5.0 mg/L and that the owner will
accept the inished water well even if it indicates nitrate-
nitrogen gr ater than 5.0 mg/L.
d. If the nit ate-nitrogen concentration is greater than 10.0 mg/L,
or other ap 1icab1e water sample results indicate the presence of
pollution, he well shall be either:
(1) dr lled, cased, and grouted deeper to obtain acceptable
water uality; or
(2) pr perly grouted with neat cement and reconstructed to
obtain acceptable water quality; or
(3) p operly abandoned and sealed with neat cement if
recons ruction cannot obtain acceptable water quality.
e. When water samples required by the Department indicate the
presence of contamination as defined in Subsection 2.03h the well
may be grou ed and/or completed after obtaining a signed statement
of acceptan e from the owner, and approval to proceed from the
Department. The statement shall state that the owner has been
notified th t the water quality is considered contaminated, but is
within acce table drinking water standards, and that the owner
will accep the finished water well even if it indicates the
presence of chemical contamination below the RAL.
a. A water sup ly system shall not be reviewed for approval until all
required re rts, plans, and test results have been submitted and
accepted by the Department.
b. A water sup ly system shall not be utilized until approved by the
Department.
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RECORDS
The contractor hall maintain a drilling log containing field notes.
The drilling 10 shall be maintained on the site and shall be made
available to the Department upon request.
The water well record required by Minn. Rules 4725.6700 shall be
submitted to the Department within 30 days of completing the work.
A water well rec rd which is incomplete, illegible, or inaccurate shall
be returned to t e contractor, and resubmitted to the Department within
fifteen (15) day .
The Department m y require as-built plans. A contractor or other
qualified perso conducting work within the scope of this ordinance
shall maintain a necessary books and records. The Department shall
have access to a such records at any reasonable time.
SECTION VIII
8.01 a. lls shall be sealed. The Department shall determine
11 is abandoned. The Department shall have the
authority t order an abandoned well sealed.
b. A well orde ed to be sealed shall be sealed within 30 days.
c. A well that is required to be sealed shall be sealed by a licensed
water well ontractor or limited well sealing contractor.
d. When a permit is issued for a replacement well, the original, ~
inoperable ell shall be sea1e~; however, a separate permit for
well sea1in shall not be required if the well is sealed at the
same time t e replacement well 1s constructed.
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8.02
8.03
8.04
~
8.05
8.06
8.07
SECTION IX
9.01
9.02
9.03
9.04
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e. An unsuccessful attempt to construct a well must be sealed. A
separate permit for sealing an unsuccessful well is not required.
f. A single permit may be issued for sealing more than one well on a
property when the work will be performed concurrently by the same
contractor.
g. A well serving a building shall be sealed before the building or
structure is demolished or removed. The Department may waive the
requirement for sealing an abandoned well prior to the demolition
or removal of a building or structure when the building or
structure is in such condition to create a hazardous condition to
endanger public health or safety.
A water well that is required to be sealed under this section but is
not sealed is a pUblic health nuisance.
a. If the owner does not comply with an order from the Department to
seal an abandoned well, the Department may contract with a
licensed contractor to have the well sealed.
b. Any expenses incurred by the Department in locating, testing,
sampling, or sealing an abandoned well shall be repaid to the
County by the owner.
A contractor shall notify the Department within 30 days of completion
of a new well any abandoned or inoperable wells located on the
property.
An inoperable well which is not sealed shall be properly maintained and
registered with the Department.
A physical connection shall not exist between an abandoned or
inoperable well and any other well or public water supply.
The static water level shall be measured before sealing any well. The
Department may require water samples to be collected and analyzed
before sealing. A well must be disinfected prior to sealing. The
Department may require a well to be pumped or otherwise repaired to
remove contamination prior to sealing. The Department may require
physical inspection or testing to determine the condition of the well
prior to sealing.
USE OF EXISTING WATER SUPPLIES FOR NEW CONSTRUCTION
An existing water supply may be used for any new building if the well
location, well construction, and water quality meet the standards
required by this ordinance.
An existing water supply to be used for a new building which meets the
well location and water quality standards of this ordinance does not
meet the well construction standards of this ordinance shall be
reconstructed prior to being placed into service.
An existing water supply which does not meet the well location or water
quality standards of this ordinance shall not be used for a new
building.
An owner who applies for approval to use an existing water supply shall
be responsible to provide proof of compliance with the requirements of
this ordinance.
SECTION X
10.01
10.02
10.03
10.04
10.05
10.06
SECTION XI
11.01
11.02
11.03
11.04
11.05
11.06
SECTION XII
12.02
12.06
SECTION XVI
8
NUA MAIN NANC P RMIT
An Annual Mainten nce Permit shall be required for an inoperable well.
An Annual Mainten nce Permit shall expire annually on December 31.
An Annual Mainte ance Permit shall not be required if the inoperable
well is sealed in accordance with this ordinance.
The owner of an i operable well who does not apply for renewal of an
Annual Maintenanc Permit must have the well sealed. If the owner does
not renew the Ann al Maintenance Permit or have the well properly
sealed, the Depa ment shall declare the well abandoned and order the
well to be sealed
The unique well n mber for each inoperable well shall be permanently
identified on the well.
The Department m y require that water samples be collected from a well
with an Annual Ma'ntenance Permit.
VIOLATIONS AND PE ALTIES
The penalty for f ilure to obtain a permit when required by this
ordinance shall e the same as, and in addition to, the permit fee.
The penalty for ate Annual Maintenance Permit renewal application
shall be increase with time.
Any permit which has been issued may be suspensed, summary suspensed,
or revoked by the Department for cause.
The Department ma issue citations for violations of this ordinance.
Any person who vi lates this ordinance is gUilty of a full misdemeanor.
The County may apply for injunctive relief to prevent or abate
violations or thr atened violations.
The County may se k relief in a civil action if deemed appropriate.
VARIANCES
A variance from he requirements of the state Well Code must first be
approved by the M'nnesota Department of Health before the applicant may
apply for a varia ce to the Department.
A violation of an variance condition shall automatically terminate the
variance.
EFFECTIVE DATE
This ordinance s all be effective upon passage by the County Board,
publication acco ding to law, and completion of the delegation
agreement betwee the Department and the Minnesota Department of
Health.
---------------------- -----------------------------------------
---------------------- -----------------------------------------
THIS SUMMARY WAS PREPARED BY THE WASHINGTON COUNTY PUBLIC HEALTH DEPARTMENT TO PROVIDE
GENERAL INFORMATION ABOUT THE RE UIREMENTS OF THE PROPOSED WATER WELL ORDINANCE. IT
IS NOT INTENDED TO PROVIDE ALL R QUIREMENTS IN THE PROPOSED ORDINANCE.
IF YOU HAVE ANY QUESTIONS, CON ACT THE WASHINGTON COUNTY PUBLIC HEALTH OEPARTMENT AT
119-5445.
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aS$ociation of
metropolitan
municipalities
BULLETIN
December 6, 1989
TO:
AMM Member cities
FROM:
Vern Peterson, Executive Director
RE:
LEGISLATIVE PRIORITIES, LEGISLATIVE CONTACT SYSTEM, TAB,
ETC.
1.
LEGISLATIVE CONTACT PROGRAM FOR 1990:
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The Legislative Contact System first initiated for the 1988
Legislative Session and expanded for the 1989 session has been
designated as a high priority by the AMM Board for the 1990
Session which convenes on February 12th. This program under the
leadership of AMM Vice-President Larry Bakken and Boardmember
Gloria Vierling is expected to be a major component of the
AMM's Legi$lative Lobbying strategy for the 1990 session. As
you may know, the primary objective of the Legislative Contact
System is to get member city officials directly involved in the
AMM's lobbying effort by having them contact local Legislators
on key city issues in a timely fashion prior to and throughout
the session.
The first step in the process is for each member city is to
designate a Legislative Contact Person or to confirm that your
1989 contact person will again serve in that capacity. The AMM
office will be in direct contact with each city
Manager/Administrator in the next week or two to solidify the
contact list. This program is essential for Metropolitan Area
Cities and we hope you will give this matter your urgent
attention. Attached is a brief description of the duties and
job description for a Legislative Contact Person.
2. VACANCIES ON THE TRANSPORTATION ADVISORY BOARD (TAB):
e
There are two city vacancies on TAB as a result of the recent
city elections. cities within the Metropolitan Area are
allocated ten (10) positions on this very important advisory
board and the AMM is responsible for making these nominations.
To be eligible for nomination, you must be a Mayor or a
Councilmember.
-1-
183 university avenue east, s1. paul, minnesota 55101 (612) 227-4008
(
~
^
~.
~
.. '.
The TAB's regul~r meeting is the third Wednesday afternoon of
each month (usu~lly from 2:00 to about 4:30 P.M.) in the
chambers of the Metropolitan Council. The TAB provides general ~
advice to the M tropolitan Council, RTB and MNDOT on
Transportation atters and one of its most important function's
is to annually etermine FAU projects funding priority. While
recommendations volunteers are wanted from throughout the
metro area, the officials previously serving in these two
positions were rom Coon Rapids (Anoka county) and Roseville
(Ramsey County)
The AMM Board i
this bulletin a
the AMM office,
December 21st.
soliciting nominations for these vacancies via
d written nominations should be forwarded to
to my attention, by no later than Thursday,
3. VACANCY ON THE ECHNICAL ADVISORY COMMITTEE (TAC):
The AMM also ha
one vacancy due
siggerud, Oirec
function of TAC
to the Transpor
transportation
The TAC meets m
members usually
The person to b
Siggerud must
City Engineer,
or Director of
THE AMM BOARD I
THIS BULLETIN.
THE AMM OFFICE,
DECEMBER 21ST.
eight appointees to the TAC and there is now
to the recent resignation from TAC of Charles
or of Public Works for Burnsville. The major
is to provide technical assistance and advice
ation Advisory Board on all facets of regional
lanning.
nthly at the Metropolitan Council Offices and
also serve on at least one TAC Subcommittee.
appointed by the AMM Board to replace Mr.
e at a city department head level such as a
irector of Planning, Director of Public Works
ommunity Development, etc.
e
SOLICITING NOMINATIONS FOR THIS VACANCY VIA
NOMINATIONS SHOULD BE FORWARDED IN WRITING TO
TO MY ATTENTION, BY NO LATER THAN THURSDAY,
4. 1990 AMM LEGIS TIVE SESSION PRIORITIES:
The AMM Board i early January will establish the final
legislative policy priorities for the 1990 session which
begins on Febru ry 12th. straw ballots were sent to all
member cities i October, as you may recall, giving you as
member city officials, the opportunity to provide input into
the priority se ting process. The ballots were collected at
the policy adop ion meeting on November 2. The seven highest
policy prioriti s as chosen by the member city officials are:
1) Property Ta Reform/Relief, 2) Land Use Planning Law, 3)
Tax Increment inancing, 4) Comparable Worth, 5) Levy
Limits and Tru in Taxation 6) Motor Vehicle Excis~ Tax
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(transfer from general revenues to transportation financing,
and 7) Solid Waste.
The AMM's Legislative Coordinating Committee reviewed the
results of the membership straw vote on November 14th. and
decided to recommend five top priorities for the Board to
consider. The Committee is recommending the same priorities as
the member officials except it dropped MVET and Levy Limits and
Truth in Taxation. The Committee dropped these two since it is
extremely unlikely these issues will be considered in the short
session. We will advise you after the Board has acted in
early January. Tne AMM was very successful from a lobbying
standpoint during the last session by focusing most of our time
and energies on a selected number of highly important items.
5.
UPDATE ON ENHANCED LOBBY EFFORT FOR THE 1990 SESSION:
There was a brief discussion and report at the membership
meeting on November 14th. about the need to strengthen and
enhance the AMM's professional lobbying efforts during the
coming session. As you know, the AMM is very concerned about
the 'bottom line' with respect to the amount of taxes paid by
the metro area taxpayers and the amount that is returned in the
form of state aids and programs, etc. There will probably be
strong efforts made during the next session to 'transfer' more
metro resources to greater Minnesota and the AMM may need
additional full time lobby help (another staff person or
contact lobbyist?) to protect the legitimate needs and
interests of AMM member cities. The Legislative Coordinating
Committee and Board of Directors are currently 'wrestling'
with this question and trying to determine the most acceptable
and effective means to assure equitable treatment of the metro
area by the Legislature.
Your thoughts, concerns and suggestions are most welcome and
we will keep you informed as the Board moves toward a
solution.
On behalf of the Board and Staff, we want to wish you a Joyous
Holiday Season and a Prosperous New Year.!
DISTRIBUTION NOTE: This bulletin has been mailed individually
to member Mayors, Councilmember and Managers/Administrators.
-3-
.
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JOB DESCRIPTION: LEG SLATIVE CONTACT PERSON
PRIMARY OBJECTIVE
Assist the AMM staff
issues by contacting
calling and one on on
-
n providing ~ffective lobbying on various city
egislator(s) in a timely fashion through
meetings as appropriate.
POSITION RESPONSIBILI IES
Meet with AMM Legisla
Coordinator, Executiv
at least once per ses
discussion. Thereaft
ive Coordinating Committee (LCC), Legislative
Director, and Director of Legislative Affairs
ion for issue briefings and operation
r, meet as, needed.
Brief City Council on AMM priority policies and get official city
endorsements of such olicies.
Inform AMM Staff as t City and Legislator positions on AMM
policies.
Develop sub contact s stem on an issue basis within contact city
using various councilor staff persons that may have a unique
interest in a particular topic or a unique relationship with a key
legislator.
Contact Legislators r cause contacts to be made by others to tt
discuss AMM priority policies prior to the start of the session.
Make or cause'to be ade follow up contacts with legislators when
asked to do so by th AMM staff or the LCC.
Continually and as a propriate, make staff aware of progress of
contacts especially ro or con comments by legislators on the
subject issues.
Participate in calli
by the Legislative C
DESIREABLE QUALIFICA
city contact persons as developed
An official that has an existing rapport with the targeted
legislator.
An official that has freedom to make contacts during the day.
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Minnesota Pollution Control Agency D
520 Lafayette Road, Saint Paul, Minnesota 55155 '/'o'IJ~
Telephone (612) 296-6300 ~,~
MINNESOTA 1990
uecember 11
1989
Mr. Yallace L. Abrahamson
City of Stillwater
216 N. 4th Street
Stillwater, Minnesota 55082
Dear Mr. Abrahamson:
RE: Lily Lake Improvement Project
Clean Yater Partnership Application
tit
Thank you for submitting your application for the Clean Yater Partnership (CYP)
Program. Your dedicated efforts to improve and protect Minnesota's Yater
Resources from nonpoint sources of pollution is greatly appreciated and
recognized. However, I am very sorry that the Lily Lake Improvement Project was
not one of the projects selected to be funded this CYP application period.
The Minnesota Pollution Control Agency (MPCA) received many good applications
for assistance through this program. Each of the twenty-eight (28) applications
received was carefully reviewed by staff according to Minn. Rules ch. 7076,
which were adopted for administration of the CYP Program. On November 28, 1989,
the MPCA's Citizens Board met in St. Paul to select CYP projects to receive
funding. At the meeting the Citizens Board selected eleven (11) projects to
receive over one million dollars of state assistance. This selection was based
on MPCA staff recommendation.
There is a tremendous amount of interest in the CYP and resources for this
Program are limited. The application process is very competitive and,
regretfully, because of the number of good applications received not all
deserving applications can be funded. Although your project was not selected
for funding this application period we encourage you to consider applying for
financial and technical assistance in future application periods.
Please feel free to call Gary Fandrei of my staff at (612) 296-7363 to discuss
any questions or issues you may have regarding this recent CYP application. I
encourage you to meet with staff to discuss ways to enhance your project and
increase your chances of receiving assistance in the future.
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Regional Offices: Dul,uth. Brainerd. Detroit Lakes · Marshall. Rochester
Equal Opportunity Employer Printed on Recycled Paper
Mr. Vallace Abrahamson
Page 2
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Sincerely,
Again, thank you for y ur enthusiasm and cooperation.
~tJl#tJ ;
Gerald L. Villet
Commissioner
GLV: Is
cc:
The
The
The
Mr.
Honorable A.V
Honorable Len
Honorable Pat
Joel G. Schil
Diessner, Minnesota State Senator
Price, Minnesota State Representative
Beard, Minnesota State Representative
ing, SEH, Inc.
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l-..ff)~ 8\...oc.\< ON W. h'\iaTL.f:. SI'. CL..~p.~ Ol:-
e \.f I::::"'~ 4- A-t--\ Go I ~ C. ~ <<-v.. S H 14-~ 1) c... l-EA.J A~re:re.
A ~ I'S Ow oS T C> R yy\ . --r:.r 1+-,." f{ Y t;JlA. .J
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M E M 0
TO:
FROM:
DATE:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
DECEMBER 14, 1989
SUNDAY LIQUOR LICENSE AND SALE OF FOOD
Recently, we received a letter from Mark Vierling stating there may be some
question regarding the dispensing of a Sunday Liquor License to certain
establishments in regard to the type of food license they may hold.
Consequently, we sent a letter to all establishments holding such a license to
ascertain the type of food they served and how prepared. Attached to this
memo are the letters received.
I would ask Council direction as to the adequacy of the type of food and the
manner in which it is served in order to qualify for the Sunday Liquor
License.
mlj
Ene.
~
~
STATE OF MINNESOTA
OmCE OF THE A TIORNEY GENERAL
e
ST. PAUL 55155
HUBERT H. HUMPHREY, III
ATTORNEY GENERAL
October 24, 1989
REt'''I;-,.
i J ;:-.. , ; .: (-D'
~'-J'IC I
,OCT 1)-
(~~ 1989
ADDRESS REPLY lV:
525 PARK STREET
S 200
ST, PAUL, MN 55103
TELEPHONE:
Medicaid Fraud (612) 297-1048
Solicitor General (612) 291-1050
Mr. Mark J. Vierli g
City Attorney
City of ..Lake St. C
Eckberg, Lammers,
Wolff & Vierling
1835 Northwestern venue
Stillwater, MN 55 82
t(Q)[?JV
Dear Mr. Vierling:
In your letter to our office you indicate that a ce~tain
on-sale liquor est blishment with a seating capacity for at least
30 persons has obt ined a license as a "limited food handling
establishment." S ch an establishment is defined by county
ordinance as:
a food es ablishment where the only food sold or
offered f r sale to the public is unwrapped bakery
products r candies, canned or bottled beverages,
nonperish ble machine-dispensed beverages, or
prepacked sandwiches, snacks or ice cream novelties
which are heated, served or sold for consumption on
the premi es or immediate consumption off the
premises. This definition does not include the
off-sale f liquor or similar bottled or canned
beverages.
~
You ask whethe the possession of such a food license
entitles the facil'ty to be granted a Sunday liquor license as a
restaurant pursuan to Minn. Stat. ~~ 340A.504, subd. 3 (1988).
The technical answ r to your question is no. The mere possession
of a food handling license does not in itself qualify an
establishment as a "restaurant" which may be granted a Sunday
liquor license. As you indicate, the definitions of restaurant
contained in Minn. Stat. ~ 340A.IOl, subd. 25 is in part as
follows:
"A 'resta rant' is an establishment other than a
hotel, un er the control of a single proprietor or
manager, here meals are regularly served at tables
to the ge eral public, and having a seating
capacity for guests in the following minimum
numbers: * * *
e
AN EQUAL OPPORTUNITY EMPLOYER
e
e
~
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.101, 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 Heritaqe 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 the
considerations of th
establishment in que
be made by the licen
KER:gpr
e thoughts are of help in focusing the
city, the ultimate judgment on whether the
tion is in fact a restaurant must in the end
ing authority.
Very t uly yours,
~/~~~~llui
ENNtTH vE. itAgf;(r/E.)j JR. Y
Assistant Attorney Genepal
/
Telephone: (612) 297~1141
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~ illwater
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--- -i'\.
THE BIRTHPLACE OF MINNESOTA J
j
November 15, 1989
Dear Sunday Liquor Sales License Applicant:
A question has arisen as to what constitutes a "restaurant" for the purpose of
issuing a Sunday liquor license. Minnesota Statutes (340A.101, Subd. 25)
reads in part as follows:
"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 10:00 A.M. on Sundays and 1:00 A.M. on
Mondays. II
Thus, it appears that an establishment must meet certain seating capacity
requirements and the meals would have to be "regularly" served at tables to
the public. Regular is defined as customary, usual or normal. Deciding
whether these requirements are actually being met at a particular
~ establishment requires a factual determination by the City Council.
;
Therefore, we are asking all Sunday Liquor Sales License Applicants to provide
the following information to include with their application:
1. Name of Establishment:
~~/J;t/ {
9tl
2. Seating Capacity:
3.
4.
5.
What Regular Meals are Served: LO/Je.-h / j}1/7/Je/
I
Description of Meals Served: ~~a/IC;;~5 5cJ&:6n5-k.d6, ~/ ~5-
, " ,,~
Where or how is it prepared: .L/fchen /'';0 older
/
..r.
'JPeC/~/s
After filling in the information, please return this letter in the enclosed
self-addressed envelope to the City Clerk's Office. Thank you.
Sincerely,
Mary Lou Johnson
City Clerk
Ene.
e
CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
illwater
J
----
-~
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THE BIRTHPLACE OF MINNESOTA
November 15, 1989
Dear Sunday Liquor Sales icense Applicant:
A question has arisen as 0 what constitutes a IIrestaurant" for the purpose of
issuing a Sunday liquor 1 cense. Minnesota Statutes (340A.I0l, Subd. 25)
reads in part as follows:
"A restaurant, club, bowling center, or hotel with a seating
capacity for at leas 30 persons and which holds an On-Sale
intoxicating liquor icense, may sell intoxicating liquor for
consumption on the p emises in conjunction with the sale of food
between the hours of 10:00 A.M. on Sundays and 1:00 A.M. on
Mondays. II
Thus, it appears that an
requirements and the meal
the public. Regular is d
whether these requirement
establishment requires a
stablishment must meet certain seating capacity
would have to be "regularly" served at tables to
fined as customary, usual or normal. Deciding
are actually being met at a particular
actual determination by the City Council.
~
Therefore, we are asking 11 Sunday Liquor Sales License Applicants to provide
the following information to include with their application:
1. Name of Establishment:
Doc..\L- ~ E.
\5D
2. Seating Capacity:
3. What Regular Meals Served: Lut-JC-\-\ ~DINI0~(2.. rlbAiYS /Wlt-
4. Description of Meals erved: Fa..c-Sl~ Fl0~1 ~~, ~i LAt4B, p,4-SI'A )~t::w(aJ
5. Where or how is it pr pared: l t-.J \1-\-E tt:-t iC-t.+G-0
After filling in the info mation, please return this letter in the enclosed
self-addressed envelope t the City Clerk's Office. Thank you.
Sincerely,
Mary Lou Johnson
City Clerk
Enc.
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CITY HALL: 216 NORTH OURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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J
r illwater
"~ ----~
---- -~
THE BIRTHPLACE OF MINNESOTA J
November 15, 1989
Dear Sunday Liquor Sales License Applicant:
A question has arisen as to what constitutes a IIrestaurantll for the purpose of
issuing a Sunday liquor license. Minnesota Statutes (340A.I0l, Subd. 25)
reads in part as follows:
IIA 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 10:00 A.M. on Sundays and 1:00 A.M. on
Mondays. II
Thus, it appears that an establishment must meet certain seating capacity
requirements and the meals would have to be IIregularlyll served at tables to
the public. Regular is defined as customary, usual or normal. Deciding
whether these requirements are actually being met at a particular
establishment requires a factual determination by the City Council.
Therefore, we are asking all Sunday Liquor Sales License Applicants to provide
the following information to include with their application:
1. Name of Establishment: O(~~'~'n ~LA-V\-~ CLLt(;
. ,..-
2. Seating Capacity: J ~ ()
3. What Regular Meals are Served: 'Sro~,ltk<;' LL-\.1/'\CJ,.~\ l)(Y)f)~r
4. Description of Meals Served:-y,f"~<:.-0,-<>_+ n/L~,yLL~" LU--v\.~~1(/l.u.. ~~~ !lLQ.4(
5. Where or how is it prepared~r'" J (1 n <; ::t-- &:h~S. e.w'n ~flc
After filling in the information, please return this letter in the enclosed
self-addressed envelope to the City Clerk's Office. Thank you.
Sincerely,
Mary Lou Johnson
City Clerk
Enc.
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
---
illwater
j
~~
e
THE BIRTHPLACE OF MINNESOTA
November 15, 1989
Dear Sunday Liquor Sales License Applicant:
A question has arisen as to what constitutes a IIrestaurant" for the purpose of
issuing a Sunday liquor 1i ense. Minnesota Statutes (340A.101, Subd. 25)
reads in part as follows:
"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 10:00 A.M. on Sundays and 1:00 A.M. on
Mondays. II
Thus, it appears that an stab1ishment must meet certain seating capacity
requirements and the meals would have to be IIregu1ar1yll served at tables to
the public. Regular is d fined as customary, usual or normal. Deciding
whether these requirements are actually being met at a particular
establishment requires a factual determination by the City Council.
/1./ K" C "- - d, i Jil 1\ IE i'l..
::;:p..'T~ cll-V I C k ..c-' $; - -I J/ II eL, 1'1 t'! e: /2... ~
It; II .,.J C- (:- ~t t-/) ~(J f --e ~; fe-/! e L,,-
After filling in the info ation, please return this letter in the enclosed
self-addressed envelope t the City Clerk's Office. Thank you.
Therefore, we are asking 11
the following information to
1. Name of Estab1ishme
2. Seating Capacity:
3.
What Regular Meals
4.
Description of Meals
5.
Where or how is it pr
Enc.
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Sunday Liquor Sales License Applicants to provide
include with their application:
~ G- /L ,'II -f 7$~. /2--
Sincerely,
Mary Lou Johnson
City Clerk
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CITY HALL: 216 NORTH FURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121
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r illwater
~ - ~
T H ~I R T H P LAC E 0 F M INN E SOT A- i)
J
November 15, 1989
Dear Sunday Liquor Sales License Applicant:
A question has arisen as to what constitutes a "restaurant" for the purpose of
issuing a Sunday liquor license. Minnesota Statutes (340A.I0l, Subd. 25)
reads in part as follows:
"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 10:00 A.M. on Sundays and 1:00 A.M. on
Mondays."
Thus, it appears that an establishment must meet certain seating capacity
requirements and the meals would have to be "regularlyll served at tables to
the public. Regular is defined as customary, usual or normal. Deciding
whether these re~uirements are actually being met at a particular
~ establishment requires a factual determination by the City Council.
Therefore, we are asking all Sunday Liquor Sales License Applicants to provide
the following information to include with their application:
1. Name of Establishment: t)v-'",e') f(pS+Q.u\l'CwI.+ ~c\. eo v-
2. Seating Capacity:,~~ D
3. What Regular Meals are Served: RV'Pa.k~..(.ui} Lu.v\c~, O,lAlI\e r
4. Description of Meals Served: ~\A \ \ \Iv\~. 1 'S[t- {)~\ lcth(e ~.rolcf.
5. Where or how is it prepared:~fc.~~ ~(( \lfY
After filling in the information, please return this letter in the enclosed
self-addressed envelope to the City Clerk's Office. Thank you.
Sincerely,
Mary Lou Johnson
City Clerk
Enc.
e
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
illwater
j
---
-~
e
HE BIRTHPLACE OF MINNESOTA
November 15, 1989
Dear Sunday Liquor Sales L'cense Applicant:
A question has arisen as t what constitutes a "restaurant" for the purpose of
issuing a Sundqy liquor 1i ense. Minnesota Statutes (340A.I01, Subd. 25)
reads in part as follows:
"A restaurant, club, ow1ing center, or hotel with a seating
capacity for at least 30 persons and which holds an On-Sale
intoxicating liquor 1 'cense,may sell intoxicating liquor for
consumption on the pr mises in conjunction with the sale of food
between the hours of 0:00 A.M. on Sundays and 1:00 A.M. on
Mondays. II
Thus, it appears that an establishment must meet certain seating capacity
requirements and the meals would have to be Iregu1ar1y" served at tables to
the public. Regular is de ined as customary, usual or normal. Deciding
whether these requirements are actually being met at a particular
establishment requires a factual determination by the City Council.
Therefore, we are asking all Sunday Liquor Sales License Applicants to provide
the following information to include with their application:
e
1. Name of Establishment:
AesT
2. Seating Capacity:
/9'~
3. What Regular Meals ar Served: ltLi-1c"il / /)0111.rL./
, / '
4. Description of Meals Served: BU-rr~ ,v:~-4- hS't1 ~h(J..(/L C;~f6 ~.
"7 J /. I I
5. Where or how is it pr 0,"M- Ba./-JJ- Fvl;"'~- C-vj/e,P
,
After filling in the info ation, please return this letter in the enclosed
self-addressed envelope t the City Clerk's Office. Thank you.
Sincerely,
Mary Lou Johnson
City Clerk
Enc.
e
CITY HALL: 216 NORTH FURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
;'
e
r illwater
"~ -- - ~
THE BIRTHPLACE OF MINNESOTA ~
November 15, 1989
Dear Sunday Liquor Sales License Applicant:
A question has arisen as to what constitutes a "restaurant" for the purpose of
issuing a Sunday liquor license. Minnesota Statutes (340A.I0l, Subd. 25)
reads in part as follows:
"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 10:00 A.M. on Sundays and 1:00 A.M. on
Mondays. II
Thus, it appears that an establishment must meet certain seating capacity
requirements and the meals would have to be "regularly" served at tables to
the public. Regular is defined as customary, usual or normal. Deciding
whether these requirements are actually being met at a particular
~ establishment requires a factual determination by the City Council.
Therefore, we are asking all Sunday Liquor Sales License Applicants
the following information to include with their application:
4f1"l.L
to provide
2.
Name of Establishment: ./110/..
Cff
What Regular Meals are Served: ~ ~. ~
Description of Meals Served: ~~~{~
Where or how is it prepared: ~
Seating Capacity:
1.
3.
4.
5.
After filling in the information, please return this letter in the enclosed
self-addressed envelope to the City Clerk's Office. Thank you.
Sincerely,
Mary Lou Johnson
City Clerk
Enc.
e
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
/'
illwater
---
-~
e
THE BIRTHPLACE OF MINNESOTA
November 15, 1989
Dear Sunday Liquor Sales icense Applicant:
A question has arisen as 0 what constitutes a "restaurant" for the purpose of
issuing a Sunday liquor 1 'cense. Minnesota Statutes (340A.IOl, Subd. 25)
reads in part as follows:
"A restaurant, club, bowling center, or hotel with a seating
capacity for at leas 30 persons and which holds an On-Sale
intoxicating liquor icense, may sell intoxicating liquor for
consumption on the p emises in conjunction with the sale of food
between the hours of 10:00 A.M. on Sundays and 1:00 A.M. on
Mondays. II
Thus, it appears that an
requirements and the meal
the public. Regular is d
whether these requirement
establishment requires a
stablishment must meet certain seating capacity
would have to be "regularly" served at tables to
fined as customary, usual or normal. Deciding
are actually being met at a particular
actual determination by the City Council.
e
Therefore, we are asking all Sunday Liquor Sales License Applicants to provide
the following information to include with their application:
) /-r- &?7I'X' (? /1/ g
/)'u -;--
3. What Regular Meals are Served: ~f#L~ Lt/~c// fl#/?~5
4. Description of Meals Served: ~t/~'t: ~~~~
5. Where or how is it prepared: ~/y ~ZA"":>? ,4;'?' cflv,,;/N?) /ckA" .0"/iZ-:-
After filling in the inf rmation, please return this letter in the enclosed
self-addressed envelope to the City Clerk's Office. Thank you.
1.
Name of Establishment:
Seating Capacity:
2.
Sincerely,
Mary Lou Johnson
City Clerk
Enc.
e
CITY HAll: 216 NORTH OURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
e
~
e
J
November 15, 1989
Dear Sunday Liquor Sales License Applicant:
A question has arisen as to what constitutes a "restaurant" for the purpose of
issuing a Sunday liquor license. Minnesota Statutes (340A.I0l, Subd. 25)
reads in part as follows:
"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 10:00 A.M. on Sundays and 1:00 A.M. on
Mondays."
Thus, it appears that an establishment must meet certain seating capacity
requirements and the meals would have to be "regularlyll served at tables to
the public. Regular is defined as customary, usual or normal. Deciding
whether these requirements are actually being met at a particular
establishment requires a factual determination by the City Council.
Therefore, we are asking all
the following information to
Sunday Liquor Sales License Applicants
include wi theij~, PPlic,ation;
//!7OR/ 05
to provide
1. Name of Establishment:
2. Seating Capacity:
3. What Regular Meals are Served:
d9/
L'v/VU# iYc/U/U E:J-c.
/1~Jv~'---- 4J ~ /V ~ rL
Y~/I ,6YLLl
/:
4. Description of Meals Served:
5. Where or how is it prepared:
--~-
After filling in the information, please return this letter in the enclosed
self-addressed envelope to the City Clerk1s Office. Thank you.
Sincerely,
Mary Lou Johnson
City Clerk
Enc.
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
illYYater
~
-~
e
---
THE BIRTHPLACE OF MINNESOTA
November 15, 1989
Dear Sunday Liquor Sales icense Applicant:
A question has arisen as 0 what constitutes a "restaurant" for the purpose of
issuing a Sunday liquor license. Minnesota Statutes (340A.I0l, Subd. 25)
reads in part as follows:
"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 p emises in conjunction with the sale of food
between the hours of 10:00 A.M. on Sundays and 1:00 A.M. on
Mondays. II
Thus, it appears that an establishment must meet certain seating capacity
requirements and the meals would have to be "regularlyll served at tables to
the public. Regular is defined as customary, usual or normal. Deciding
whether these requirements are actually being met at a particular
establishment requires a factual determination by the City Council.
e
Therefore, we are asking all Sunday Liquor Sales License Applicants
the following informatio to include with their application:
~,Q J_ ~/.
",) c,^-",- '::> D '-'--"\..-
iLIa
Served :K"2"LA- )
qy... Q-H E f'SE
4. Description of Meals Served:
to provide
1.
Name of Establishmen
8AI(8!:lGo..E: tHld(FN ...;. EIBS ,
tlJ..(J, ~ ' .;
2.
Seating Capacity:
3.
What Regular Meals
5. Where or how is it P
h2ZA OVEN ~ Yh/Ct..OWflVc...
After filling in the inf rmation, please return this letter in the enclosed
self-addressed envelope 0 the City Clerk's Office. Thank you.
Sincerely,
Mary Lou Johnson
City Clerk
Enc.
e
CITY HALL: 216 NORTH OURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
e
r illwater
"~ - - ~
---- -~
THE BIRTHPLACE OF MINNESOTA J
November 15, 1989
Dear Sunday Liquor Sales License Applicant:
A question has arisen as to what constitutes a "restaurant" for the purpose of
issuing a Sunday liquor license. Minnesota Statutes (340A.I0l, Subd. 25)
reads in part as follows:
"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 10:00 A.M. on Sundays and 1:00 A.M. on
Mondays."
Thus, it appears that an establishment must meet certain seating capacity
requirements and the meals would have to be "regularly" served at tables to
the public. Regular is defined as customary, usual or normal. Deciding
whether these requirements are actually being met at a particular
~ establishment requires a factual determination by the City Council.
Therefore, we are asking all
the following information to
5. Where or how is it prepared:
Sunday Liquor Sales License Applicants to provide
include with their application:
-1 [V JI"R hI) e J~L C rh €- J/fl6oJ~)
3\~
L.//AIC ~ D/lJJJf:/c
-s1f.vd I.,J il'C.t..s - c L. f L k €J ILJ .ere..
o f./ /( ;(1 tc ~ -l' J<.J
1. Name of Establishment:
2. Seating Capacity:
3. What Regular Meals are Served:
4. Description of Meals Served:
After filling in the information, please return this letter in the enclosed
self-addressed envelope to the City Clerk's Office. Thank you.
Sincerely,
Mary Lou Johnson
City Clerk
Enc.
e
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
illwater
---
-
~~
e
THE BIRTHPLACE OF MINNESOTA
November 15, 1989
Dear Sunday Liquor Sales License Applicant:
A question has arisen as to what constitutes a "restaurant" for the purpose of
issuing a Sunday liquor license. Minnesota Statutes (340A.IOl, Subd. 25)
reads'in part as follows:
"A restaurant, club, bowling center, or hotel with a seating
capacity for at leas 30 persons and which holds an On-Sale
intoxicating liquor license, may sell intoxicating liquor for
consumption on the p emises in conjunction with the sale of food
between the hours of 10:00 A.M. on Sundays and 1:00 A.M. on
Mondays."
Thus, it appears that an
requirements and the meal
the public. Regular is d
whether these requirement
establishment requires a
stablishment must meet certain seating capacity
would have to be "regularly" served at tables to
fined as customary, usual or normal. Deciding
are actually being met at a particular
actual determination by the City Council.
e
Therefore, we are asking 11 Sunday Liquor Sales License Applicants to provide
the following information to include with their application:
1.
2.
3.
4.
5.
.. I
Name of Establishment: E s,+e~b a Vl s::
Seating Capacity:L7 7'
What Regular Meals ar Served: llA-VtC.)~l ~. 'D; Y) r7-e...--
Description of Meals erved: -9c......U' .3,-e (/' U \' ~
Where or how is it pr pared: \:' ~+ ~1-e V'\
After filling in the info mation, please return this letter in the enclosed
self-addressed envelope t the City Clerk's Office. Thank you.
Sincerely,
Mary Lou Johnson
City Clerk
Enc.
e
CITY HAll: 216 NORTH FURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
e
e
e
illwater
--- ~
- ~
THE BIRTHPLACE OF MINNESOTA 'J
November 15, 1989
Dear Sunday Liquor Sales License Applicant:
A question has arisen as to what constitutes a Urestaurant" for the purpose of
issuing a Sunday liquor license. Minnesota Statutes (340A.I0l, Subd. 25)
reads in part as follows:
"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 10:00 A.M. on Sundays and 1:00 A.M. on
Mondays."
Thus, it appears that an establishment must meet certain seating capacity
requirements and the meals would have to be "regularly" served at tables to
the public. Regular is defined as customary, usual or normal. Deciding
whether these requirements are actually being met at a particular
establishment requires a factual determination by the City Council.
Therefore, we are asking all Sunday Liquor Sales License Applicants to provide
the following information to include with their application:
1. Name of Establishment: poi?/S'-jrf-S
2. Seating Capacity: rf,5"
3. What Regular Meals are Served: Lt/'p't:..!fe/ ~ T)/A-",u/j,,;.'C
4. Description of Meals Served: 5~/<VIJ~~/e4~S~ y- ~//.J;\O,P~JI4~~
5. Where or how is it prepared: ,<90/Z- K/-yti!!t'.h"f~J
After filling in the information, please return this letter in the enclosed
self-addressed envelope to the City Clerk's Office. Thank you.
Sincerely,
Mary Lou Johnson
City Clerk
Enc.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
.,
illwater
---
-~
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THE BIRTHPLACE OF MINNESOTA
November 15, 1989
Dear Sunday Liquor Sales icense Applicant:
A question has arisen as 0 what constitutes a "restaurant" for the purpose of
issuing a Sunday liquor license. Minnesota Statutes (340A.I0l, Subd. 25)
reads in part as follows:
"A restaurant, club, bowling center, or hotel with a seating
capacity for at leas' 30 persons and which holds an On-Sale
intoxicating liquor license, may sell intoxicating liquor for
consumption on the p emises in conjunction with the sale of food
between the hours of 10:00 A.M. on Sundays and 1:00 A.M. on
Mondays."
Thus, it appears that an
requirements and the meal
the public. Regular is d
whether these requirement
establishment requires a
stablishment must meet certain seating capacity
would have to be "regularly" served at tables to
fined as customary, usual or normal. Deciding
are actually being met at a particular
actual determination by the City Council.
e
Therefore, we are asking 11 Sunday Liquor Sales License Applicants to provide
the following information to include with their application:
1. Name of Establishment: fI,JcI..&h l~4 L-L-G;/ [oaNfe - TAt? Ant7.ex
34- +
2.
Seating Capacity:
. . 73f1-IYJ - /.4m MU;{)- .s/rT
3. What Regular Meals ar Served:"/?;OD frU/fIt-I!f3LE 10 411- /thn 51..-1#,
4. Description of Meals erved: Hvr (f!OL-1) 5tJN'DzvicH Pllf/'G-5
5. Where or how is it pr pared: /1/C;({)4//h/6-- Ii))' /h1/ Af!r;.4. /}j7f?fCO()[j) ;3,1/
rU'45f/ [rOt FolC FotJ.o LIC?/l/SG
After filling in the info mation, pleas~ return this letter in the enclosed
self-addressed envelope t the City Clerk1s Office. Thank you.
Sincerely,
Mary Lou Johnson
City Clerk
Enc.
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CITY HALL: 216 NORTH FURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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July 1-90
Apr. 1,90
Jan. 1-90
Oct. 1.89
July 1,89
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Jan. 1-88
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July 1-86
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WASHINGTON COUNTY
DEPARTMENT OF COURT SERVICES
GOVERNMENT CENTER
14900 61ST STREET NORTH, P.O. BOX 6 . STILLWATER, MINNESOTA 55082,0006
(612) 779-5434: Facsimile Machine (612) 779-5498
Dec. 13, 1989
Mayor Wally Abrahamson
Stillwater City Hall
214 N. 4th Street
Stillwater, MN 55082
Dear Mayor Abrahamson:
e
We want to let you know that we are sorry to hear that Bruce Klosowsky
will no longer be filling the juvenile officer and police school liaison
positions for the Stillwater Police Department. We have appreciated a
positive, long-standing working relationship with Bruce. His experience,
his knowledge, and his cooperation with Court Services has definitely
improved the effectiveness of the Juvenile Justice System in Washington
County. We will truly miss him.
~uPa&--
R sell A. Reetz~ector
Dept. of Court Services
/~ / c::r--
~ ;:Jtofii1 Y lLUA-fI'{
Kristin Tuenge, Sup{f.visor
Juvenile Services
\L~'
J9hn Kennefi
Probation Of icer II
~~
---?7l <21<.; S. 4ecu:t:",-
Mary sr. Beaver
Probation Officer III
Lori Timlin
Probation Officer II
KT: j mr
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Washington County does not discriminate on the basis of race, color, national origin,
sex, religion, age and handicapped status in emplovment or the provision of services.
Russell A. Reetz
Director
Sally B. Ruvelson
Assistant Director
Les F, Ploen, Supervisor
Misdemeanant Division
Myron R, Johnson, Supervisor
Adult Division
Kristin Tuenge, Supervisor
Juvenile Division
Donna Cairncross, Manager
Domestic Relations
e
ReglstraUon optlom
(please check):
_ Promoting Your City ($6S/person)
_ Working with Other Local Governments
($201person)
Return this form by January 12 to Government
(800) 652.9719.)
..Presented In conjuncUon with the League of Minnesota Cities' Newly Elected Conference (January 27).
Payment optiom
(please check one):
_ Enclosed is my check (payable to Government Training Service) in the amount of$
_ Please bi1\ me at the above address. (A $4 bi1\ing charge wi1\ be added to the amount owed.)
Training Service, Suite 401, 480 Cedar Street, SL Paul, MN 55101.
(612) 227-7409 or Minnesota toll
free
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Promoting Your City
Friday, January 26
8:30 a.m. . 4:30 p.m.
~
Working With Other
Local Governments:
Understanding Your Role and
Limitations as a City Official
Friday, January 26
7:00 - 9:00 p.m.
Sponsored by Women in City Government
Do you ever feel like you're expected to be an expert
not only on all city business, but also regarding what's
going on in the local school district, in your county
and neighboring townships as well? Indeed, a solid
working knowledge of local government is helpful in
many ways--from fielding citizen complaints which
belong elsewhere to understanding how to access
resources for your community. This special seminar
brings together a panel of elected city officials who
can offer valuable insights based on experience in
other types of local governments.
e
As an elected official, you can make a big difference
in how your city is viewed--by residents, business
interests, the media, potential funders, even the
Legislature. And the effect on your community's
future can be substantial.
Joy Robb, Mayor, City of Robbinsdale; former School
Board Chair
Township official to be announced
You know your city is special. Learn the what, when
and how of conveying that message from a Minnesota
mayor whose ability to promote is legendary.
Fee
Registration fee is $20.00. It includes materials and
refreshments.
Discussion will focus on the following topics:
General Information
. Deciding what your city's image is and what you
want it to be
. Developing a community vision
. The role of elected leadership in creating and
maintaining the desired imagenpersonalizing the
vision, commitment, communication, recognition
. The "Personal Touch"ntips on maximizing contacts
with constituents. developing community support,
talking with business groups. identifying and
working with your community's power structure,
taking advantags of media opportunities, organizing
special events
. Exerting influencenin economic development, with
funders. with policymakers in other levels of
government
Location
Through short presentations, small group discussion
and exercises. participants will:
Programs will be held at the Hotel Sofitel. 5601 West
78th Street (1-494 and Highway 1(0). Bloomington.
Minnesota 55435-3899 (612/835-1900).
Registration
Through presentations and small group discussion. this
day promises to provide practical information. proven
techniques and new ideas. Don't miss it!
. Review who does what in local government
. Identify areas of potential confusion for the general
public
. Learn how to handle misdirected constituent
complaints/inquiries
. Explore overlapping services. what can realistically
be done about them. plus when it makes sense to
work together
Lvul at tlJ~ lc.alitic.s of compe,ting for KS6urees ana
what it can mean for your city
Register in advance by completing and returning the
form in this brochure. Multiple registrations can be
made by duplicating the form. Deadline to register is
Friday, January 12, 1990.
Cancellation/ReCunds
PRESENTERS: Chuck Hazama, Mayor (sixth
consecutive term). City of Rochester; host of weekly
radio show, "Focus Rochester;" Past President, League
of Minnesota Cities
All elected officials and administrative staff are
welcome to this evening of awareness-building as well
as sociability.
Should ineIement .....eather (or other circumstances
beyond our control) necessitate program cancellation
or postponement. participants will be notified via
announcements on WCCO Radio and other local radio
stations.
Doug Knott, Downtown Development District
Administrator, City of Rochester
FACILITATORlPRESENTER: Don Salverda, Ramsey
County Commissioner; Former Chair. Ramsey County
League of Governments
Fees will be refunded ONLY if cancellation notifica-
tion is received by Wednesday. January 24, or if the
program is cancelled. Persons pre-registered (but not
pre-paid) who do not attend this event will be billed
for the entire registration fee. Alternate representa-
tives will be accepted at any time.
Fee
Registration fee is $65.00. It includes tuition, lunch,
breaks and materials.
PANEUSTS: Margaret Langfeld, Anoka County
Commissioner; 1989 President. Association of
Minnesota Counties; former City Council member
e
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AGENDA
CITY OF OAK PARK HEIGHTS
MONDAY, DECEMBER 11, 1989 -- 7:00 p.m.
I. Call to Order
II. Public Hearing
Oppenheimer, Wolff & Donnelly - Easement Vacation
III. Visitors
IV. Old Business
Amend Ordinance #1200 - Liquor Licenses
Star City Signs
Schedule Workshop - Non-union Employee Salaries
V. Review Minutes - November 13th & 27th
VI. Departmental Reports
Kern - Administration
Seggelke - Parks
Doerr - Utilities
O'Neal - Streets
Sommerfeldt - Police
VII. New Business
Resolution Dog License Fees 1990?
Eagles Games of Skill License Request
VFW Gambling License Renewal
1990 Board of Review Dates
Oak ~ark Plaza - Sign Request (ok'd by Frank)
Street Lighting Request
1990 Animal Control Contract
Julia Eichten Request
VIII. Bills Presented for Approval & Treasurer1s Report
IX. Correspondence Presented:
Washington County - Water Well Ordinance
" " Mall TIF Figures
Larkin, Hoffman, Daly & Lindgren
** Union Workshop - Tuesday, December 26th at 6:15 p.m.
(:C"
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James Meyers
1177 Nordic Ave.
Stillwater, Mn.
55082
Stil lwater Municipal Building
212 North Fourth Street
Stillwater, Mn. 55082
Attn.: Nile Kriesel
I wish it to be known that I intend to
rehabilitate the housing units located at 500 Fourth Street,
502 Fourth Street, and 213 Pine Street when my lawsuit
against State Farm Insurance is finalized.
I would also like to make reference to a notice
received concerning this property. The notice stated that
matters were to be taken care of by October 31, 1989.
However, I did not receive the letter until December 6,
1989, consequently no actions took place.
I am aware of a meeting on Tuesday, December 19,
but I shall be out of town and thus unable to attend. I will
be away from December 18 through December 27. I request that
you take no actions in my absence, for matters shall be
resolved upon my return. Should you need to contact me
before or after the afore mentioned dates, you may do so by
calling my home at 436-1197, or sending a letter directly to
my home address. Thank you.
Sincerely,
James Meyers
'. - -.....
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DAVID T. MAGNUSON
{' \ q t ~O;;
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(2-
r ~'-f .1- .
ATfORNEY AT LAW
SUITE '203
niE GRAND GARAGE &c GALLERY
324 SOUTH MAIN STREET
STILLWATER, MINNESOTA SSOB2
~
(612) 439-9464
Richard C. Ilkka
MEMO
TO: CAPTAIN DON BEBERG
FROM: RICHARD ILKKA, CITY PROSECUTOR
DATE: DECEMBER 7, 1989
RE: FOUR HOOR TOWING RULE
The 1989 state Legislature enacted certain rules regarding
the towing of ticket~d motor vehicles. These rules are set forth
in Minnesota statute ~169.041, and are summarized as follows:
1. A motor vehicle may not be towed from public property
unless a peace officer or parking enforcement officer has
prepared, in addition to the parking citation, a written towing
report describing the motor vehicle and the reasons for towing.
The report must be signed by the officer and the tow driver.
2. In enforcing state and local parking and traffic laws,
the towing authority (those companys or individuals authorized to
tow vehicles on behalf of the city) may not tow, or allow or
require the towing of, a motor vehicle from public property for a
parking or traffic violation until four hours after issuance of
the traffic ticket or citation.
3. EXCEPTIONS. A towing authority may tow a motor vehicle
without regard to the four hour waiting period if:
a. the vehicle is parked in violation of snow emergency
regulations;
b. the vehicle is parked in a rush hour restricted
parking area as designated by the municipality;
hydrant;
c. the vehicle is blocking a driveway, alley or fire
d. the vehicle is parked in a bus lane where parking is
prohibited;
e. the vehicle is parked within 30 feet of a stop sign
and visually blocking the stop sign;
f. the vehicle is parked in a handicap transfer zone or
handicap parking spce without a handicap parking certificate or
plates;
e
g. the ve icle is parked in a area that has been posted
for temporary restr cted parking at least 24 hours in advance;
h. the ve is parked within the right-of-way of a
controlled access h ghway or within the travelled portion of a
public street when ravel is allowed there;
i. the ve icle is unlawfully parked in a zone that is
restricted by paste signs to use by fire, police, public safety,
or emergency vehicl
j. a law
believe that the ve
constitutes or cont
reasonably necessar
nforcement official has probable cause to
icle is stolen, or that the vehicle
ins evidence of a crime and impoundment is
to obtain or preserve the evidence;
k. the dr'ver, operater, or person in physical control
of the vehicle is t ken into custody and the vehicle is impounded
for safe keeping;
1. a law
believe that the ow
of the vehicle has
for parking or traf
nforcement official has probable cause to
er, operator, or person in physical control
ailed to respond to five or more citations
ic offenses.
e
b.
has expired
tickets.
icle has expired registration tabs that have
s than 90 days;
4. Unless the vehicle comes within the afore-mentioned
exceptions, a towin authority may not tow a motor vehicle
because:
a. the
been expired for
at a parking meter on which the time
has fewer than five unpaid parking
5. PRIVATE PR PERTY. The four hour towing rule does not
restrict the author'ty of the owner of private property to
authorize the towin at any time of a motor vehicle unlawfully
parked on private p operty.
6. DAMAGES. he owner or driver of a motor vehicle towed
in violation of the four hour towing statute is entitled to
recover from the to ing authority, the greater of $100.00 or two
times the actual da ages sustained as a result of the violation.
Damages recoverable under this subdivision include, but are not
limited to costs of recovering the vehicle, including time spent ~
and transportation costs. ...
I
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President
Ron Reed
Officers
Ma,1ha R, Moraan
ClJairpfrson .
Li!iian Johnson
Vice Cha(carson
Susan Marrinan
V:ce Chai(oerson
Edward G. Woiierman
.easurer
tiJr;n Buckheit
Member at Large
Jehn Scanlan
Member at Large
John L Sims
Member at Large
Board Members
Norman G, Anderson
Kenneth V. Coilins
Blake S, Davis
Elizabeth S, Driscoll
Linda Fancher,White
Richard Galena
Margaret A. Hennen
Lou Howard
Leo Hudaifa
, Horace H./rline //I
Sandra Krebsbach
Sharon I, laComb
Har,,! A. Lyon, Jr,
James Metzen
Clem Nelson
Thomas V. Novak
Betty Quie
Joan L Shapiro
Dr, Gladys /, Slone
Eiien West
Gregory G, White
Life Members
E'eanor Jane Adams
.is Bremer Benz
mens Fredeen
, arian Pietsch
William L West
family
servIce
[iJ:. IJm' ,'~'~'O~' il~' '&'"
tr51~-: ., '
- 'Iv;' ' ,
resources
2845 N. Ham/file Ave,
Suite 205
Sf, Paul, MN 55113
612535.0477
E::ecutive Director
Gretchen St-9in Sc:~mitt
Nile Kriesel
City Coordinator
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
Dear Nile:
December 12, 1989
We appreciate being able to serve your employees and their family members through our
Employee Assistance Program. It is now time for your contract renewal. You will
notice that we have had a small increase in price in order to cover our rising costs.
Enclosed is an invoice and 2 copies of your contract. Please sign both, keep one and
return the other to us.
We look forward to continuing to provide servlce to you.
Gretchen Stein Schmitt, Ph.D.
Executive Director
Family Service Employee Resources
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Enclosures
Sincerely,
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"To improve the quality of individual, family, and community life,"
C ':9 ::>
~.-... ~ ". ..
~.\,'
it
President
Ron Peed
Officers
Martha R. Merean
Chairperson -
Lillian Johnson
Vice Chairperson
Susan Marrinan
V:ce Chairperson
Edward G, Wollerman
Treasurer
Kathryn Buckheit
Member at Large
John Scanlan
Member at Large
John l Sims
Member at Large
Board Members
Norman G, Andersen
Kenneth V. Ceilins
Blake S, Davis
Elizabeth S, Drisco!!
Linda Fancher.White
Richard Galena
Maraaret A Hennen
Lou-Howard
Leo HudaJla
Horace H. Irvine 11/
Sandra Krebsbach
Sharon /, LaComb
Harry A. Lyon, Jr.
James Metzen
Clem Nelson
Thomas V. Novak
Betty Quie
Joan l Shaoiro
Dr, Gladys l Stone
Ellen West
Gregory G. White
Life Members
Eleanor Jane Adams
Louis Bremer Benz
Clemens Fredeen
Marian Pietsch
William l West
family
service
~emplofi e
resources
2845 N. Hamline Ave,
Suite 205
St, Paul, MN 55113
612635-0477
Executive Director
Gretchen Stein Schmitt
1. Services Provided:
...,
\.
e
Employee Assistance Agreement
between
Family Service of Greater Saint Paul
and
City of Stillwater
The program contrac includes the following services:
e
1. Nationwide cove age through the Family Service Network of over 290 agencies m
1500 communiti s.
2. Employee Assist nce personnel policy development and consultation.
3. Supervisory trai ing of management personnel in the use of the program.
4. Employee orient tion seminars to familiarize your employees with the services
available to the
5. Promotional ma erials including brochures, posters, newsletter articles and a
variety of home mailings to keep your Employee As3istance Program visible to
your employees nd their families.
6. Ongoing consult tions with managers and supervisors to assist them in utilizing
the EAP within your organization.
/
Confidential ass ssment, referral and brief counseling to be provided to all
employees and ir family members.
Participation in one family education or personal growth opportunity per year per ~
covered particip nt sponsored by the agency's Family Education Center, as
designated in F, mily Education Center brochure.
.. 0 improve the quality of individual, family, and community life, "
"-~~.
7.
8.
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~
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9. 24 hour telephone crisis intervention.
10. Invitation to attend two seminars on key work related issues annually.
11. Twice annually an EAP representative will visit your worksite(s) and evaluate the
status of the program and your satisfaction.
11. Coordination of Services:
The City of Stillwater agrees to work with the EAP representative in informing its
employees of this agreement and the services which are available to them.
111. Eligibility:
All employees of the City of Stillwater and members of their household who are
experiencing personal, emotional, family or social problems which have direct, indirect
or potential effects on work performance or personal well being, are eligible for the
services of the Employee Assistance Program.
IV.Employee Participation:
A working policy of the EAP is that Employee participation in the EAP will affect
neither future employment or advancement nor protect employee from disciplinary
action for continued substandard performance.
v. Reporting:
Family Service will provide quarterly reports on program utilization.
No information on individual employees will be released outside of Family Service
without the written consent of the employee.
V 1.Retainer Cost:
The annual retainer charged by Family Service for the employee services is as follows:
Number of employees
70
Cost Per Employee
$16.50
Annual Contract Cost
$1.155.00
Term of Contract January 1. 1990 to December 31. 1990
2
VII. Fe
--,
~
,Payment for any 0 going counseling services beyond the initial diagnostic screening
will be the responsi ility of the employee/family member.
V 111. Modi ication or T rmination 0 Contract:
This contract may e modified in writing at any time by the mutual consent of the
parties.
Either party may c neel this agreement at any time upon 90 day notice, in writing,
to the other party.
Family Service Employee Resources
GSS:dm
City of Stillwater
3
/ Date
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~
Executive Committee
Sen. Keith Langseth
Chair, Glyndon
Rep. Henry Kalis
Vice-Chair, Walters
Kerry Van Fleet
Secretary, Fridley
Legislative Members
Sen. Clarence Purfeerst
Faribault
Sen. Marilyn Lantry
St. Paul
Sen. Lyle Mehrkens
Red Wing
Rep. Jim Rice
Minneapolis
Rep. Bernie Lieder
Crookston
Rep. Sidney Pauly
Eden Prairie
~ Public Members
Warren Affeldt
Fosston
Paul Bailey
Minneapolis
Fred Corrigan
Prior Lake
Jack Fitzsimmons
Waseca
Bernie Montero
St. Paul
Gladys Johnson
Duluth
Bill Koniarski
Belle Plaine
Sherm Liimatainen
Cloquet
Bruce Nawrocki
Columbia Heights
Abe Rosenthal
St. Paul
Robert Schlagel
Marshall
Pheene Zak
Little Falls
e
TRANSPORTATION STUDY BOARD
Tom L. Johnson, Executive Director (612) 296-7932
Mary Beth Davidson, Administrative Assistant
G-24 State Capitol, St. Paul, MN 55155
December 8, 1989
Mayor Wallace L. Abrahamson
191 Bayberry Ave. Ct.
Stillwater, MN 55082
Dear Mayor Abrahamson:
We are seeking your help in making some very important decisions
regarding transportation policy and funding in Minnesota. During
the 1988 Session of the Minnesota Legislature, the Transportation
Study Board was created to conduct a study of Minnesota's surface
transportation needs into the 21st century. In addition to eight
state legislators, the Study Board has thirteen citizen members
appointed by the Governor representing several different inter-
ests and backgrounds. The Board is required to recommend a
program, based upon future transportation funding ,and facility
needs, to the Governor and legislature by January 15, 1991. This
proposal will likely be the basis for distributing state trans-
portation funding to local governments for the next several
decades.
All local governmental units are ask~t..be involved.
as~you.t'e.tiaate your' coaetruct;' !,' ;j
looking ahead into the next .20,.earj. For some, this may seem
difficult, but we must emphasize that future funding levels and
distribution formulas will be determined on the basis of actual
needs which can be laid out on a 20-year schedule. Each MN/DOT
district, county, municipality and township in Minnesota is being
provided survey forms from the Transportation Study Board.
Attached are forms for your particular level of government.
Please take the time to review them carefully, fill them out and
return.
The approach to determine the highway needs portion of the
20-year transportation needs study is based on two important
premises. First, it is assumed that all 128,000 miles of roads,
streets and highways in Minnesota must be preserved, maintained
and reconditioned at current levels through routine investments.
For analysis purposes, the costs associated with this preserva-
tion assumption will be based on life cycle cost assumptions and
input from counties, cities, townships, MN/DOT, regional
agencies, and the Board on design standards. Growth policies and
other assumptions will also be considered. Essentially, the
preservation assumption will cover routine maintenance and
reconditioning of the existing pavements,s,ho}ll~ers, and bridge
decks as they wear out. In addition,~~J~j.ttoilis assumed to
include spot' safety improvements andg~nerally keeping the
existing}n.vestment intact over the next twenty years. It i~.j~;
iI.Ot0''in.e].v4i.",:'e]ipanslon.' ormajorreccmstructionlof a street or""""
roadway.
Printed on recycled paper
s~,
Mayor Wallace L. Abrahamson
Page 2
December 8, 1989
The. second ...' premise, is .t:hat,~ey~n4.preservat~on, .~(!~~ ,..is:Il.lIlo.r~~.!~~~d~:~~t~~9'.of~
[leeds" ~tr'~~~Y~~t~,'.IIl!j()t: ...~ IJ..~~~(;~~:l1.lt.~p'1.~c~~~!:.,~,:r,,:~~.,\'~g~~"~~igttifd -or )~~d 'th~'
syst~;t()'IlC~~da~<,~ip.~:a.,g.t...owt.1t.;').n:;trayelj;:.tC)";JI~'t~ ,..i
i~a{~:~:j~jt7f::::iltti:~~e::r~:~to~Mir::::~t~tte;:~~:n:eeds and costs are ~\
different depending on the arious geographic areas of the state. Therefore, these
needs will be carefully cat gorized by comparable areas and by the function of the
road. For example, needs i greater Minnesota, are different than those in the suburbs
of the Metropolitan area a d in the developed areas in the Metropolitan area.
Similarly, needs are diffe ent on interstate highways, principal arterials, minor
arterials, collectors and 1 cal roads and streets.
e
Essentiaily, the >..j ()rt:oas;uetion/repl.acement:~s ca~(lq-w~:tl,Ct,)I~"fpaajor ~ec()~
structio[l;()!..higll.'~~;;:~~~st '~g.:),r!f.~~.ia,dd~ '. taJla.c:~~y. . .~.' ;tJ>a4S'i'aa4'~~~":.b1!~~ai..
new ',r()a.~;,f.~..,~~,.~~~t!~.~., .'.' .;"..,',.,.J.~...;~~).-tm~.,l.lf'~dJ~~,~~,.. .".....~:.f..~o~,.
mentstob,iih <.~c:ideil.t.;roays or elhlinat1ng load restrictions. on . major connections'
to importaatdestinations.
It is important. to emphasiz
that .'are : clearly . beyond . pre
cost analysis will estimate
the projects you list in th
that .~", are'aSking10U~"I_list 'projectl' in this survey
erving'the existing s,st '. ,'as it serves you today. Our
our maintenance and reconditioning costs plus the costs of
survey.
e
In some instances, we are
and needs which will help
portation needs package.
assessment.
sking your help in identifying transit and railroad issues
u in bringing together a total comprehensive surface trans-
lease ask all appropriate staff to contribute to this
When this information is re urned to us we will enter it into a computer data base,
compare it against a state ide county, city, township, state road information data
system and then propose a O-year funding program. In the end, the Study Board will
then determine whether addi ional funding sources and amounts, beyond current levels,
are needed in order to meet our identified 20-year needs.
It is important that your g erning elected body understand we are asking for needs for
financial analysis purposes and not for developing a construction program. All project
information is for analysis purposes and will not be published as a local commitment.
It will be clearly stated a d understood that projects listed are for analysis purposes
only. This is not a plan. Please take this opportunity to have direct input into
future '" transportation ..polic and funding .Ple..e".f~!l',out.,,~~urveYloru,., andt.he~
return ,'to the ,'Trans rtatioStuBoardb 'Februa "5' . 19f('J;' '
If you have any questions r need additional information, telephone or contact Tom
Johnson, Executive Director of the Transportation Study Board at 612-296-7932. Thank
you.
IS:'"i'~h Langseth, Chair
~r~senta ve ice-Chair
e
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Stillwater Junior High School
110 East Pine Street
Stillwater, Minnesota 55082
December 18, 1989
Mr. Mawhorter, Chief of Police
Stillwater City Hall
216 North 4th
Stillwater, Minnesota 55082
Mr. Mawhorter,
I understand that you are considering reassigning Mr. Bruce Klosowsky in your
department so that he will no longer be the School Liaison Officer for the
Stillwater Publ ic Schools. I am very disturbed to hear about this.
As a teacher of behaviorally and emotionally disturbed students at Stillwater
Junior High for the past nine years, I have periodically worked with Mr. Klosowsky.
He does an excellent job. He has responded dependably, effectively and responsibly
to requests for his help. He returns his phone calls and he does what he says he
will do. I have watched him in many capacities: as a presenter at our parent drug
education sessions, as _ an interviewer with students and parents, and as a
participant in some of our administrative team meetings. He is a consistent credit
to your department.
As a parent with boys in the school system, I have also appreciated Mr.
Kl osowsky' s work. Through my boys, the ne i ghbor ch i 1 dren, and the med i a, I have
heard about Mr. Klosowsky's work with the school patrol, Officer McGruff, and the
Bike Safety Program. He has establ ished solid credibil ity with the students, staff
and parents; this positively impacts students' and the publ ic's image of the pol ice
in general and helps kids to better understand safety issues.
I ~lIill certainly do all that I can to work effectively with whoever is assigned
the School Liaison Officer's position, however, I hate to lose an agency co-worker
of his caliber. As good as a new person might be, it will take years to establish
the credibil ity, professional relationships, and needed job skills that Mr.
Klosowsky already possesses. Is this reassignment necessary?
Has Mr. Klosowsky requested reassignment? If not, I think it is important for
YOU to know how I and other school staff who have had to count on Mr. Klosowsky feel
about this. I want to see Mr. Klosowsky continue as our School Liaison Officer. I
hope that you will give this possible reassignment careful re-consideration.
SL.iY~
Will iam S. White
Stillwater Schools EBD Teacher
cc.
Mayor Wally Abrahamson
City Council Members
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December 15, 1989
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Dear Mr. Abrahamson and City Council Members,
We a~e writing to express our disappointment and concern regarding
the removal of Sergeant Bruce Klosowsky as police liaison officer to
School District #834.
Officer Klosowsky has been a vital link between the community and
school for over twelve years. He has earned the respect of both school
personnel and young people while performing his job. With his transfer to
a night shift, how can he continue to serve on the board of directors with
the Youth Service Bureau, board of directors of Graffitti, on the Youth
Development Advisory Committee, or participate in the parent drug
education program?
We find it difficult to comprehend that in a time of national concern
,over "at risk" ,youth, the Stillwater Police Department would disrupt the
continuity established through Mr. Klosowsky's Knowledge and expertise as
liaison officer. What has happened to the philosophy of "doing what is
best for our children"? They are our future.
It is time to examine what is best for young people; why jeopardize
an important communication system while another person "learns the
ropes"? We are requesting that Officer Klosowsky be re-instated as our
police liaison in order to insure continued progress and to keep intact
what is working.
Sincerely,
District 834 Counselors
439-5160
e
Karen Erickson
Mel Friske
Jan Gage
Robert Houck
Mary Kassera .
- Bill Kindseth
Elaine Prebonich
Dan Reif
Richard Schultz
Carlos Taylor
Mike Young