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HomeMy WebLinkAbout1989-12-19 CC Packet ~ e e - r4.~, '" 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. 1 j ) v"8. AEW 1. j 2. j /3. I. 5. fie )7. ,- Appointments/Reappoi tments to Various Boards and Commissions. Appointment of Parki g Enforcement Officer. e 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. e 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 ? e e e STAFF REPORTS (Continued) / . ~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 3 e e e 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. 1 I e e e .. ~ 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 1 , ~ , e 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) e 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) e 2 e e e J , 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) 3 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 " \ e e e e 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 e 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. e 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. 5 e 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. e 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. e 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, 6 e 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. e 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. e 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: 7 e 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 e 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. e Motion Opheim by to Counci member Bodlovick, adopt the appropriate a seconded by resolution Councilmember approving the e 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) e 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 5 . 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. e 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 Q e 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. e 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 1 0 e 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) e 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. e 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) 11 by Councilmember him for his work e 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 e ATTEST: CITY CLE K 14 ~ \ 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 .1 - I e 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 ( (;,/ ()... ) '" ).~<6 e 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 e 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 L LEASE AGREEMENT , , \ . . ~'l L A 7.e,lI. AM ~ ft,A.-J. q( '. 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 ,I 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- .. . Mlnnlto" l'''o./G.anlo. ,', 8y S1ilLwA1t"Yt ANt ~... tJ - ATrAa l.u.. "lji~/ I CA.v t..cc.,"oJ(Jo~ -rtf'l Dr (r"7 ... · Site Floor Plan' and ~crlptlon of aeReJe: ..(ea. # !I:' IJM:::;:,,- (Ll0..L tft.sJ . . Lt Addre'S 0. R~~ + ~oo W"- '7 f< e..& + 'Rcow-.5' .,~,~~'b-t- " V l'e" " \ -:::0'- "" =:;:;:;:-~( ~ f. :' .;, ~ . .~. . e r_~O yr1~ . ..:: . - ex-: · '.. Q ~ ~~ . , -:; ~ t'. --Q f'l' . . -\-=t> 9 (> 1:)" : ,', .... ~ - '" OJ rn ~ \A:) ? " , - " \~, :. " , ' G? ?'. <{ :. . ~ . ttJ p f .. ~\~ ; e e e 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. e ~tate of .minnesota, l f .1IU.YICIP.IJ.LITY OF. BUSINESS RECORDS CORPORATION,MINNESOTA """/Ii"'~ "",(, \ J 'r\.' ! ~ ,!, _,./5 \ . '. " . . ~ ,t".1)o ..,' /<'. ,..- If! . .' n r:, ,':;~. I, . ., " 1"lOc() ./.~ (:. ":~'J VU\j c5'. . f";~;D ~ CITJY'o~ - .11-' srI . ''CD s""" 't.l.l4.Ai7:"" ~ S . 1 1/..LM~4riS '~ncc:! ..tl- lwa.ter.......,t'i,"N..R,............,J! '\:;_ . I., Itl. <:~ . {'/.'--).... l,';7 (. lei Ll)_:-) \-!-L.'"L.~/" '-'u J I.J ~_'.>~ "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.... $.tr. ee. t.. ... .............................in said municipality, on which p7'emises... .....it. ........controZs.. .. and operate a .....h.9t..eJIr.:g.~.t.C3,1J;r..a.:J:1.tJ.G.9G.l<;.t.q.:L.JJQ1,]Jlge.........; and to that end hereby representf3. . and state.f).........; That said mu;nicipality is a..City...of .the....third.cl.ass e .. wh ich has a popnlation of .............~.~..~. .5.. Q.9........... .......... ...........and u'hich does not maintain an e.y:clusive liquor store; That said....ho.te.llr.es.t.au.r.an.tIco.cktaiL.lo.unge ...is an establis7mLent having a resident proprietor and 7nanager and the following eqldpme71t and facilities, .....................-.......................,......................................................................................................................................................... ........................................ e That said applicanL...is....a...............citizen........of the United States,..................i.s.....................over twenty-one years of age,.........J.$...................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. e 0-. .. t!$ ..... ~ ~ = = ~ ~ o ~ ..... t!$ ..... tIi ~! 0: +-I~ oa ~; .~: ..ci 00' ct!1 :31 ~ :>.t ~ ~ C,,) k or +J ctl! ~ r-f ,......{ .r-{ .u ~ ~ ~ .... ..... c:l .~ .~ ~ ;:2 ~ r::r.. ~ ~ ~ ...... E-.t ~ C,,) ...... "4 ~ ~ ~ o q H .;. u:i ~ .r-{ '"tl ,......{ o ~ l--i <Ii ~ a iJ) Cf.) ~ = .- ..... ('d u .- ll<_ Q .... ~ ..... ('d.. = ..... f'-l ~ ~ ~ - ~ .~ ~ ..., e r:I'.:l ('d ~ -+:0 l'I.) ~ c:l = ~ ~ ..., = ~ = = l'I.) C4 0 = .- .. ~ ~ .. u .- ~ ~ = ~ .u <Ii OJ. l-4 .w. ~ '1:i l=l N z; N o ~ H Q) +-I ct!: ;3~ r....{ ....-l: .,...( +-I: Ul ~ :>i. .w. .r-{ c.i. ~ ~ ~ ~ .... ~ ~ 't'j .,,; ~ ~ ~ ..... r;: ~ ~ C,,) ~ ': ] iii:: c:l r... ~ ~ q:, <;;) .... '"4 0) '"'! co ~ .... ~ Ii ~ " I- o '" w Z Z ~ ;i o ~ ~ a: o o '" o a: o o w a: '" :a z iii ::l II) h~. ...:L .S.....1;h~....Y.t.~.~:::PF..~.~..~.4.~p.~....~.(...~.~.~P..~.r.....J:i.~.~.c:I.~.~.~.~. nc. ............ 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. G Gra.ig }ss beind duly mvorn, . that.. e Dated N..Qy~mp..~:+...)Q (Here state other 7'eqzdrements of .19.~.~..... Semper HoV~'ng lnc. .............U;;;~'...;............ .........,~=~.....L7~p .0............................. ....................................................................... local7.egu,la~ion, if any) I' e 'e - v # 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~' u 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 v ~ , .~ " e e e e e e 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 e 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. e 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 e 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 1 . </ J - 1) ."). ,', t.)' _ . _ . ohos, 1st Insertton <:... _ _ cen .1)....7F 1. I b" 7/.1 . 0 10S .-1--. su. ..(.r'\---- cen J 0,. I,f per folio $... __ _ ___ ___ per folio $... r~~..~? Affidavit $1.00 Total $ /9,:)/ ..-----------.---- ------------ Received payment of . _. _ . _. _ _ _ _ _ . . _ _. _. ,_ _ . _ _ . . _ this . __. _. __ __ day of ..... __.. __ __ .. ... __ __.. _... ,197.. _.. 55. e { 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 e Allest: Carolyn Barrelle. Town Clerk e ,~.-u.-~ ..' ".. c~ e 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: e 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. e ,~~~ 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 ....... . "~~ e 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. e 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. ~ steven B. Goff SBG/pas cc: Mr. Quentin We'nzierl Ms. Carolyn Ba rette Mr. Robert Mar y e 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. e It e e e 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. I i 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. e 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. e e e e 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: e 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. e 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. e -,'"-.!.r -- ,t;' e WASHINGTON COUNTY COORDINATED NARCOTICS JOINT POWERS AGREEMENT e 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 e - 1 - .. Ii' r " e e e 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 - 2 - I' e e e . 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. - 3 - e e e \.. ~. For: Dated: For: Dated: For: Dated: IN WITNESS WHEREOF: Washington County Sheriff \, ./ Stillwater Police Department City of Stillwater ,~ . \ Approved as to Form: Assistant County Attorney '- ') Approved as to F~rm: City Attorney ........ ~. . Mayo r -, \ ^ , - 4 - ST~FF REQUEST ITEM e 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. --------------------------------------------------------------------- --------------------------------------------------------------------- , 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. ----------------------------------~---------------------------------- e 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 e e 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 ~ e tit tit 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 e 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. e 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. e 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 -----------------------------------------------------------~--------------------------------------------- --------------------------------------------------------------------------------------------------------- e e e [,4~ . 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: e 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 OR/13-CP --~ ,~r;~J ~ 1990 e An Equal Opporrunity Employer e r illwater ~ - - ~ -- -~ 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. e 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 $1,500.00. . RECOMMENDATI ON: Authorize Staff to obtain appraisal for Mulberry Point property. e CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e 5,i-L-:L \ \~ ~\.\L ,\, ~c.'a. \, \~~4. h' I ' \ '-~e; d~.. I~' 1'.....,......1 . \'i w..;: - I :~~=:~ " ::s ...-'. :::;; . 11..:,t....~.\ . !: c:::;:~' ,-' ----:', ~[~ Mudi. fllf ~ ,\i::c~ -- . ." or' ~ ~~,.'=< ,~ .j';.;":'::"~ ~. ...". -Lj...~t~~,,~ ~~ y-:".,<~~ .~r---In I~w 1 ~~-----~:~;;:::~~Jt{g;~~~;:"':"""~~~;:~,;;h :i~"i:citf>:~;':::::::-:'~::;:~~ I :',.~~ . "[" I":. ,..~ - ;tf.'f..... "! \ ;r' . ::::: ... I : ,"' - - rr-' n' -, '!3; -~r--- ~ "!,' ~i., I "_I.",. I .1 GO ~ -:1'l' .. .. .... '..1 '.'= _ ,~._.-.. "'~'-_ '_.' __', __~..L-.t\.c_ -. ........~. ;~i::,~ ~.. .., . - _,......... ...~I' "'~-,d ~~ 1 -- I' 1 f~~ ~r..... . -....,...~------:-- ~___ :"01 "'".- I. u ~ I r.:-.. . ----.,... _ .., ..- I:~ :,~~ _= ~':' ~ , ~ - aJI.'- ,.... _'''t.:.c.-d'. "-4~..:.-..a..~ .~.. ,~. :;: .~ ".:---.!!' - ' ?j"-ti l:~-." 4li~" - .... :.. , 6.':. I c:.- ,__..~,,,,,_.s'-_, S .'w" -n .... .... ....:. ~~4O .-..-.. I~~"..' N..WA1",:.;:t .........-f ".'-11. f ..J~. ,_....,...<:.~.....'..I..f._' . ,...,~:.""" ...- ;: , " ~~ :,,,,;- . '._'~..n.,<c-"'''-'''-''''~~~__h~ ..,f · ,~. ~~~: I~~;:~""--=:~-"-' '~i' II; i ~ -~ '~~'_ ] EJ-ftt:ii~ .{] ~;'::~?{#.1~!q [8 .~~ .----- . - IS'''~c.('"""r ~:~..~ ;;:.:- s- . r-- - ---- -- --..-::.-.----~---- N. MAIN I. :: ~ '- . '~... .... "~;'~~~:' ':.~l/ ~ .J _. .._.' \}[ .:..~.. _ ..:.~. .-.~;.:>~. ~~F~" :"'OJ ~.l'.CQ I,.; I) - ,"..""', ...............---...--.-.-.---..- ...r-..-.....- p<}tf~?~~L:J. n ".' ~ _ _~ .~.;.:::;~~:0j~1tiib~;;i ;~ ' .:;;:~~;~~~: ~:..-/_..~;~.l. '~:'\:~~l ~~ I :.Ii1\,:'\ ::: / ~-r ~.~~r;JSIp\ ~. -~'\:i:-tl ih:':" . ;~. "';.., '.. : _:~["- . --.\ -'I~" g f"' I':.:..l'::;~r"'-';':: """1 _. . '-.' ~! ;'._-;'u.' I ,,; t...:.:.l__.__ '€.1-.'h\'O\\" -P\" .~ ~ ':J\'\\...\...'-NPI"Tt:.R, M\NN. ~o:.""'" "'100 , ../~ - I 15 .-. ;"$' - .. - . . -'. ~e-. .. ;." ~: .'!,.. "'. .- ....... ~~... - . ,. -' - ,:~ 'w ...J . ~ [~ ,f ~- .~- ~ _ . " .~-t- S.UNtON 5.....:..." ". ~oA..=.~ 1'- .,'0" . -, .- . .-..--, ~ '.,c:, .] ---. . e , -'. e> . "1 : !. \~ i;~ ';i:; 'j:d ~ '.'. " i,., I ., , ';0' .:~, .\'~ \ i .~ ~t . 'l:'v'l.;i " /:1 'I' \;'1 ~ \' r ; ::' ;; f~ ~:;~':',:" .' : j I j' . ~ '" , 'L'q::;. ';'k\' I ~. .'~,;'" -..- ~ :! <:> ~ ",- 1 IllUSTRATIVE PLAN STILLWATER DOWNTOWN PLAN I /,1.IJ. I .I..." fj) JuI'l8 1~ tl88 e e e .' ! " I." I ; i: . I'- . i.. . j. .- j. . 1,0. i ..' ;', . i' ,0, !. . ~ . . f ~ . :.' ! .', I: ." f.... I.' r_o' , . . I ! . , 1.'\ i: i.O I . 1 . i . f.: c. i.<t .' Ii; .... I'.,:', : . I..... .. ',I . 0 /' 0 -.. i:. , . e e e .' 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 e e e . 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 e 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 e . e 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. e .. M E M 0 e 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. ~; ~ 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 -- ~ 1 y&' e e e e 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 -~ -- 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 e e e .~ .~..... ;-. ...-.-.....,. .~. ."..,,-.. _l!..._...... ~-. e 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. e 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. . e .,,'" 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 e e e e e e 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 I ' ,~ ;, e 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 e I..L -- 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 e e e 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 /'~? I I ~t ~7/1,r- j f , I , 1 I I I . e e e I ;lit:7 .', I / . 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. ~?~)~ e 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. e 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. e 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. e 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 e 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. e ~ e MEMORANDUM e ... e 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 11 AC loa I " . Case ~umbe; ~!!-48!l;li".:~> :":". '. . 3000' Fee Paid ___________~___ ~. 6. ......_ ",. '. ~":'. W.. Date Filed _.L?=.=ll.:::t!.2__ PLANNING ADlv\INISTRATIVE FOR^,\ Street' Location or Property: ___.L!i.l:z.L_flL=-_..L?t.'!g..;.________~___.:.____ " , 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_________~_________ e. . .' Desc:iption or Request: A.d.d;tlin4.-_it.J.i'JL_L2-!.._t2f=.:.~t:~-.Ltl.k.K//1-.' ;~~-f.--it--.s..eff.lE:L-L.2.~M.rY..t.r.ti:!--tlkcL<..2..--iP-.-~Ud:s1._:_Z .9, ? , ' .IjJ/1L~~.Ltz.r.L~-~.ou17L~D..r..Eailu..sj.Affd__.LS_LY.=!.--:.------ .. 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, ,; _ c~ m""",- ".'" ' 5. St..eet names. : 0. ..:.<~. 6. Location of adjacent existing buildings. . ~ 6/21:'r _ ::_'.:}.~J' 7. Other iniormation as may be requested. ( '. . . . ) . ,-. 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: .:._..:__..:~..:.._______..:.___..:._____~:.:,...~---------:..-.--:..--- -Co -. . . '. ------------------------------------------------------------------ '. . . . . ....~.:..: ..:Comments: (Use.otherside)..~~.;~;::.. '.', \'~""".... . ~,~: ;". '--:'.. ; ".' ..',:':'; '::.<::~::i<' :~).~.::\" .;:.~.~ y:~~'~.';:..'::~ . :.: '..:.:. :. ~ .0. . .~ I' .:" .. .' . . .-.. ',.. . . . . -"- ." . ..a. . . .. "0 ~"':'" . .: .~> .~.:.~.;....... ~ :'-", . . .. ~. :.-, . .. . .0' .., .': '. .:. ~ '.- . . ....... .' ..' ...:.:....:.;.......... '.; .::. ~-' ., 0- . . ," . .... . . . .:'" -; ~~:. . .~. . . '0 . . ..... . . .: . . . . . '. ... . .' . ~" " " . '. .': . : .~ .""\ ';"Y:':,; < .. . ".: "" .' .:. :, ~ .. ..... . '. ... .,0. ., : ". '. \.... '. "'~' ' e.'. --I l l J "( X "' I U 0 -' ~ 9 IIW :-=; ~ =::-: t :x: 1 6 -... -. . ..- PINE ~ " "' e -if) 4 --..... ..-i I --_._--~ , L r I . ' .'- . .:,' ,.,. ~'~ ,;.,. ." .' .:....0. .... " e -....l e .- ",. 5'~- ......./ 317.24."" .. N. . ZI' '\ i \" ! 0, ::e m "'"' .. -( 01 ~ ,... 0 of '" ... e r~'?r.- , f/l;t'ri' 0' . , I e 1..- \"" (" \!.' o 1..- \!.' f ! (" y 1- \;", .L. --- \;", ~ J ~ ? ! :; = -S;-HEMLOCK-5TREET- - ~ j N OOo3"'O~w 252.4$.... f . ~ i .r- . f - ! . . r- ~ a-< :: r- l > . j .'" : i m f I ~ .... ; " lD ~ 1..- ~ _"\ ':L. ~~ co I 211.00 .-. 'i?" <5 u' -'j \;", I \;", ("I \;", 0.... 0-" ~iI . \11 (" o o . . ~ . . i i I i ~ ! i -, ! 0 g. . l ",' % m m ... ... ::J o - :~ o ~!:l ... z - !) :D 0 m :D < 0 ,. Iii ,.. :E o ~ z ~ r.f ~ i ~ ~ 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 . i~ : '" :0 :~ n i- 1"1 . ,... f - = N"ll roJ> .. :0 1; :;1 i= r 0", f U~ (\ -;.. '7 (J (J ---, "'"' ~ 'i ~ ~ o I'J t'l" \.), ~ i €,;' ~ r:~i! I ~i[=; ~ 12;~i & i~;~i ~ HHn~ .~-:; "I~ !"~8~'I~ : ~ .! i ;:: ~ a ~ . !i ~=:: i 8 .. . ;:~li i ~ ~ It E ~~n ~ ~.. -. ll\e'eDyeell,lylhallhl5 plan, spel:,healtOflor 'eporl wa5pl'epared by me or tmdertn'l'cllf~SUl)efYt5tOn ''''''''1.1 I...... dUly Reg..le," Pfole$lIOl"a1 Unci SurveyOr uno..., Ine 'aws01 Ihe Slaleor M.nnesotoil ......... I' :t",.~... 031': ~~~ Reg No ~ it 1 ,.:"...' ';:::~: . ....--\. '- ','!. '0 ~ -I III C ,. CI C j: '" 30 \:1] t- O : (1 ~ r ~ ~ ; ...- NOOO~'~O.W :i'_16{M J. &QOOIR J .NOOO}5'SO.W6S472_. 8~_ N. l~ r OJ J! t- O i n ! =^ Q) . i . :E .1 "tl Z m en -I :::0 m m -71 ~ = :1 ~t '" 30 If ~J ;;, S ! . ~ , -----0--- t s '" u.""~'11 Kemper & Associate! Land Surveying . Efigineerir Innsbruck Office Parle 2722 Highway 694 New Brighton. MN 55" 2 (612) 631.0351 .. tff./ ," e MEMORANDUM TO: Mayor and city Council FR: steve Russell, Community Development Director DA: December 13, 1989 RE: LOT LINE ADJUSTMENT RESUBDIVISION FOR LOT LOCATED AT 324 HAZEL STREET CASE NO. SUP!89-80 The request is to add Parcel "D" as shown and described in the Certificate of Survey to Lot 3. Parcel D is currently owned by the Minnesota Transportation Museum and the existing dwelling encroaches on the parcel. The 17.5' by 16.5' triangular parcel would be added to Lot 3. An 8 foot temporary and construction easement would also be provided to allow maintenance of the existing residence. The subdivision does not effect the developability of the lot or cause any zoning inconsistencies. Recommendation: Approval (resolution) ~ Attachment: Application and Certificate of Survey. e rAC 100 . l' I I L , ' ..; -t, ! i t ii 1 . ~ i -i ~ ~.~ " ; . ;~ \ ; , t, { J ! . . I . I " i I 1 I i ~ ~ . 1" ;.e . r 1" .. ,. . C~.e ~U".'be~ :SJ!.~/$..q__itJ '~ Fee Paid _______________ . ; 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_____ ....ta.~.~. q-St1tr-""2- Type of Request:' --_ ~ezonin9 ~__ Approval 9f Preliminary Plat --- Spacial Use Permit ___ Approval of Final Plat \ ! ; ___ Variance :...?'\,. Other ___________________ . . .... ~/ c:D.~' ~ f~~' /1;t;; DeSCrlp.lon of Request: --~--IfZ.----:---~----r--------~------------- -...~~-~-~-~_~__._l~_~_~_____ '.--Hp ~{ k~ '"\-,~'A'", ~~ . -91{;~-~-~-~---;pz:;;~~-~-~-~ ~:At 1..=--Lbu . &c.'"'llun-( Signature of Applicant: __ ~J~--" ~~~_~ . .-~ PT -. . ........-..........~~, J/,/ ~ 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. ~ ~ Co 1 \3 9 IO/;'A,: ^)t><.. ;) r- 1t .;.{:.,\ CV : <:c :;.~ --. o~. ~~ 1980 ;.r~ ~ ~o~'" 'l..I!oo,. v . :::~'.' "J "'7.;" co''' ~ ~ ~ ~~ ~~" . A d D. d b h' PI . C .. d\ %~ ~~-9 '1~ id'l..) pprovc --- enle_-:_ y t 0 ~nnmg ommlSSlon F:7---f1(----~,;~ a.e .y.,. "\~~Y subiect to the ~0llowin9 conditions: ---------..:----------S~~~s~LZ:.---- ----------~-----------~------------------------------------------- Approved --- Denied -__ by the Council on ________________ subiect to the following conditions: ______.:_____________________..;.___________________ "I. . ------------------------------------------------------------------ Comments: (Use other side). '. . . I " ; .. . ~ # ' . ; . ..... "I ':" ," ", .... '. ., ,.:";.-= "0"" ....0 " . "-.~.. ......-... _. .. ...- ,. '_0... .0.. .. _.'.... . . '" ..t_._.. -.m ~ '. CERTIFICATE OF SURVEY: BARRETI'M. STACK 0 STILLWATER, MINN. "082 lo!INNUOTA RECISTEUD o' LAND SIJIlV!YOIl 'N. Nt. 439-5&30 '. j 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. . /"-.J4' o /9.:7'2 ;P,;;.et." .-". 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. . '/1" '-AA:..:J--J _ /.. _ ~_ _ 5(;;.1:....: Elv' at-',e<i:s.._ " IE ELI ~4"...., Lor ,4:;,,:;/(/,) ,~. ;.; t;() . "'.ID ~ S ~ ~ ~ k.' "l6 0'. ~ o /~9Z . .'. . ?",.et:6~ ~N " -r ,\ :.iC " ;EAST 57: I hcreb' rv~. plan. or report was 0 II my direct lllpervision and that am a duly R~ Land Surveyor IInder the laws of 0 rile .AlAre of ~n."1"tL . ~ 0 ..; ': o.~::1.!t:.'~-:!:;""'M"""'"''''''''''''''~ n.rr.J:!Ul.~.:"..1L;....1J.~.~..Rq.No.......1.~2.!.1.......:._. o . ... .......... '.'f,'" I . \ -\ \ \ \ r t I~ .~t. ..' . e MEMORANDUM e e. 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 e 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. ,e 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.~~ e e 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: e 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: f/{ Cl-,~ ~ ()~ ~ 11 - , g~~ ~0. ,(lo-J\-. CITY OF STILLWATER Wallace Abrahamson, Mayor e e 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 e 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. e 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- 1:2- /~[-7 , JL&/)~ '7/1 ~,~ Date e t I . / 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 e e - ~ 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 e e - ~ 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 e e e 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 e / ) ,/ _"'i ) ,..~.,< " e e ---t- 1}.,.'''_' ~I :J'v L r- /1 :, /'- U,_ 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) abcdelghijkl mnopqrstuvwxyz abcdelgh ijklmnopqrslUvwxyZ abcdefgh i]klmnopqrsluvwxyz abcdefghijklmnopqrs luvwxyz abcdefghilklmnopqrsluvwxyz abcdefghi)klmnopqrs luvwxyz abcdelghijklmnopqrs luvwxyz abcdefghijklmnopqrs luvwxyz abcdefghi]klmnopqrslUvwxyZ (LCA 7pl.) abcdefghijklmnopqrstuvwxyz abcdefghijklmnopqrstuvwxyz abcdefghijklmnopqrs tuvwxyz abcdefghijklmnopqrstuvwxyz abcdefghijklmnopqrstuvwxyz abcdefghijklmnopqrstuvwxyz abcdefghijklmnopqrstuvwxyz abcdefghijklmnopqrstuvwxyz abcdefghijklmnopqrstuvwxyz abcdefghijklmnopqrstuvwxyz I- ;t)/l"ilh' --1 Oiu%rttr e 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 e e e 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. ~ '~ ,. e e e 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 e e LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 8215 e 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 e 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 e e 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 e e e e ~.^.", 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 e e e 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 '\ e e e 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 e e e ...,/~ 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 e e e Silver Lake Restaurant 241 North Main Street Stillwater, MN 55082 River Valley Athetic Club 1826 Northwestern Avenue Stillwater, MN 55082 L-- {9.NJ ~ SALE BEER LICENSES DECEMBER 19, 1989 e ~ CLAIM AGAINST ciTY 9F STILLWATEj, ,t Ii J ,1 J~ " NAME OF CLAIMANT fuIVtt'L U ~JJ c~ f.Lfi- i 1 ,'1 /" ~" . ~/' /' 3D--' i I ".) ,,' I " ........u.. {. I I ' { , 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 /1 ---; ,. ';;.~. '.....~~i'/-' .,.<i' No 4~ /.,,,"'\..- " ,". "'--I" . " ,_./ ;,~) ,---,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 . {":,'''I: U _,,j/ J../'j c.... ,!/ I 1/ l_" '(/j i{/:L-. ___ /'. ..,.r-.-/"-""" " ./ ',." " I I, /1'("/,/1 ~/"' .>~l, (. "/ /;, :::J-.(,/ .-;; _/--' ,i , . . ),'! /' /" , I" . ,_, -,/- ( /. C' "t,.~/-:)/~._/ t( _}/...:.'-~_ / '1,/ .:....') tt_...! 6 }..- {J , I 1,-) l , 'f ...' ,. /' 0' / ,. "I (" r; " .. : ,'/,> -1 ""',l/"ll,.,f) (-__.-j ~f/J~/j'.~,./ -. e e J / WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? /~~ .. A_ /" ',r / 1 r../) /1 / . A /-' ,,___Z___/~_-~- /I. ( _' ___, 1 Y::Y:J /y\_t) / _~r - /1 ,-j X~L-d/?':/ }(~~~..// ./j ef/Y' e.-j '-f' ..i C.'j/! . ~:) lll/ : 1 .~/ f.,;r f'Jr" _./ ~_ -.r - J J <_:,~, " I;' ..(~~~ STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED '~Ct oAtf.i./,_J\Jl (J NAME OF PERSON MAKING REPAIR; OR GIVING CARE j~_ c",-rKc,-,: ~ 1 C) t.lli~/& , / 'j <19 IDATE -tAvvd~ -{J. )(){UL4-Iu_ 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. I- JI!\ JER,RY'S AUTO DEl AIL, Inc. 13601 60 St. No. Telephone 439-9340 STILLWATER MINN 55082 e , JERRY SCHOENECKER . OWNER BODY AND F~NDER REPAIRS . EXPERT REFINISHING 1 ~ CIA l\j~ i2-Lf-?? NAME JW~, DATE C 1-c}C) Oli' '^ 0. h~Ci. 0 A Ai ~'3o-,~ 7 'f L-J 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 Y. ()J.~\J )h,...id t2 - ,f"; () S- (, I 1>c~, '^-\- Co JV\ 0 \ -<..-\-e. -(W.W ~~ (' 1,,'J. {\ Jl ""t -\ -r IYV\\~ ~ , 'oj 36,0 ~o .- ~1'"\ - C ('v' '-\J Shlv\ d,'.) \C..+ ~J '? <jo ;;)0 .- ~ ~ At ./-- ~-- '" / / r" I , J \ /I t;./, ~ \ /i ~ \ "I \ "\) ~ \ ~ ]U I "'t:. 1\/ / \ '\... [.J / \ / "" ..../ -- -- 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. ~_. 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 e 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 e HWS/sp cc: Carol Horne !.,...- e 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 e e e e 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. ~~,~ e .~ 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 e e e ;. '. 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 e e e ....' '.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 e 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. e .~ (0 ~.t\ ~ ~ ~ '130/C/O ~ ((~~l QD"/i (~ Sincerely;/"., ~ ;1..,/. , ~tL /-;ri.r- ----/', v "". "'l1J J n F. Ever t I . , 5 ,~~9 t)tC. e 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 .- '.'-1 e Suite 200 520 Lafayette Road St. Paul, Minnesota 55155 Telephone: (612) 296-0686 Counsel for the Minnesota Department of Natural Resources e 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. e e ~ e 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). - 2 - e ~ e 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 - 3 - e e e 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 e e e 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 e e e 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. e e e 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 . - 3 - e e e r nooD 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 $75,000 or more. The commissioner must rioritize the grant requ under the considerations in paragraph (a), beginnin& WI the projects the co o. oner determines most deserving of financing. A grant may not exceed one-balf the total cost of the propo d mitigation (d) After July I, 1991, grants made under this section may be ma 0 local I emments whose grant requests are part of, or responsive ~ a comprehensi ocaI ter plan prepared under chapter 1 lOB or 112 or sections 473.875 to 473.883. History: 1987 c 306 s 5 104.25 LOWER ST. CROIX WILD AND SCENIC RIVERS Acr OF 1972; 5rATE RECOGNITION AND IMPLEMENTATION. Subdivision I. Fmdinp; purpose. The lower St. Croix ~, between the dam near Taylors FaDs and its confluence with the Mississippi river, constitutes a relatively undeveloped scenic and recreational asset lying dose to the Jar&est densely populated area of Minnesota. The preservation of this unique scenic and recreational asset is in the public interest and will benefit the health and welfare of the citizens of Minnesota. The state of Minnesota therefore recognizes and concurs in the inclusion of the lower St. Croix river into the federal wild and scenic rivers system by the Lower St. Croix EXHIBIT B -. 1N.25 nooo ruIN MANACIMINT 2330 e River Act of the 92nd Congress, Public Law Number 92-S60. The authorizations of this ad of the state of MiDDC$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 e e 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 e 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). ' -. Subd. 2. DEFINITIONS. e (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: e (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. e (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. e " e (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. e (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 e assent. (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. e (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. e (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. e (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. e 4 ~ (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. e (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. e (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. e (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. e (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 e ,. e 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. e (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. e 7 . 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. e (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 e (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 e 8 e (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. e (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: e (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. e e (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 e (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. e 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. e (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. e (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. e e (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. e (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. '. (1) Land Suitability. ~ e (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. 13 (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 e 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. e (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. # , 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 e 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. e e (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. e (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. e (10) The compatibility of the proposed development with uses on adjacent land. 17 Subd. 18. ENFORCEMENT. A. Enforcement. e - (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: e 10 e .., ~.-. ~ '.-P-..:.,. ~ GyJlIblt IA" , . e LL- . \ , . \ . . \ "\ '. \ , '\ , '\ .. ',,- . " " , e : " .0..'.- . 13~" /1// ell' j " " e 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 e- 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. e (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 ! , '. . ~~r~ 18th day of e e e e e, ..' ,.., 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 ~~~J CITY HAll: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6121 r e e e 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 ;0 e e e " ~ 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. ' .,..,:",-" '" ''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' " " e 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. e JHldjc 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. e SECTION I 1.02 1.03 1.04 esECTION II 2.01 2.03 e 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 2 e 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. e ~ onflict between the provisions of this ordinance, local municipal ordin nces, and state statutes or administrative rules, the more restrictiv standard shall prevail. e e e 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 e 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. ~ 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). e e ~ e 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. e 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. e 8.02 8.03 8.04 ~ 8.05 8.06 8.07 SECTION IX 9.01 9.02 9.03 9.04 e 7 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. . e e e .. eel "2 ( ( q ( ~/ e 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: e 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 -2- ~ ~ e e e . (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- . ~ 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. e e 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. e Regional Offices: Dul,uth. Brainerd. Detroit Lakes · Marshall. Rochester Equal Opportunity Employer Printed on Recycled Paper Mr. Vallace Abrahamson Page 2 e 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. e e e l~ Aut.? ,4- ""F.:)Le 5S eJ) ~L-{DA~ Se:A&OrJ e 1) e-A-R,. C tT"j c:....~ J J). 5 A- Pt:::De. S T RJ ,4.N l!) ~ -r'f-J./ S ~ I ry..J J C>>ou. '-t> .L.l.K E' TO STc;~ r- () ~ oj A 1<..1) p". l\I..l> yn14--/< ~ II J..cc.l ouJ '" 77-f A T I A pp ~e: c, ( ATe- e 1'1-+ eN'=- A T ~t!) B "j (>lI\. R... \'Y) e tJ ]) o. .(; ~:Pa: c...l ALL. Y KE~P J ~ C::, TH A- T l.o N G- STtrC,eTC.\4 O~ Sl])~ w,th..\-(S oN ,,,..u:- :>00- 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 ~~ CP~ e e e 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 e e e e ~ illwater '~ ~ --- -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 ---- -~ e 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. e CITY HALL: 216 NORTH OURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e ~ e 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-' $; - -I J/ II eL, 1'1 t'! e: /2... ~ It; II .,.J C- (:- ~t t-/) ~(J f --e ~; fe-/! e L,,- After filling in the info ation, please return this letter in the enclosed self-addressed envelope t the City Clerk's Office. Thank you. Therefore, we are asking 11 the following information to 1. Name of Estab1ishme 2. Seating Capacity: 3. What Regular Meals 4. Description of Meals 5. Where or how is it pr Enc. e Sunday Liquor Sales License Applicants to provide include with their application: ~ G- /L ,'II -f 7$~. /2-- Sincerely, Mary Lou Johnson City Clerk e CITY HALL: 216 NORTH FURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121 e 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 --- -~ 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 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. e CITY HALL: 216 NORTH FURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e , .\.<61 /~ c/o A \.~ L ,1/ \ /~-){.~q e ~--I:4- ~OlUl~ .U '-=r- uV'nl LUdi0~ ~u ~t:rY!.(U&j d.Ct a dU~J/ c1 own on U td6t ~. ~cond @f. rY7(j; ~Ho~iL cJuLOL hM Gan Q/moml-- -+~I~L tis . (yj~Cf:nd2 oJulfl- ~C~ ~ Q WnnvVlQ --!:PM,' vn, ~ urz, {0,)i!.S MJ~ ud.d\1t: c~d ~ ~ GJt -to dbez.b/CL wl~ CULt.9ciUtAf(, c5twelL LJc --10 chubb. w~ ~wd d. oIL 50. WL~L'f/!: wit1CUL oo+: ~. L-. vW{-c. uxd-IUC L{Y), ; CL, u.::cL!), ~ " ' ~I . ~ ~aJ!Qd CL .p4Afi6uL. ,M> _ " b1 dr ~t ort ~t- ,-J- ~ . J--k - ~ IL- f}L<-vY1C"lt5, ~Ulli) ~Cu.'cfl 'tQ ,;ud ac[ Cc i'd~ +:/:;cldJ: J,r~ , r~ncl pd 01 flLt-l_TfuclO{J' O/nd dJ OUL n ." J.." L sJ K-a L -l:::t.~, rl, 0Z Q rn UX:i\cI Ul un ~t '; '. tt &un q. t:t my;, ~LWLfL ~ u-ILLCbd ~ u w~ 1.9 n 'w LmdJ-I-o MII..)"Y) ~ ~ --r1... k6 ) ",:/ /~~~~~~ 'i~" ~~E5 YlIl/ , 'edlL LL:IL \Y ' ) :540& 0 e l;~~,!~-B,r;c.K .TR U lri fA' t/tyl;1 :AfrtN(:.f 1 00 1 S S:; ~ 0 :1D S T S T ILL ~'/ ATE ~ M INN , ',' , "1./ -:.' /. ,j ,'; .c' Date F emarks July 1-90 Apr. 1,90 Jan. 1-90 Oct. 1.89 July 1,89 ll,.,:~.~,. \.;:l_~I,.;J(.!"' Apr 1,89 i' )(It;;'", ,;/.-:--Jj-I'3') . 7. _n-,.:', '1 ',.- :~"~...(). ,'<.1' '"I./~_I'';''' ,"" /-... ,; Jan. 1.89 Oct. 1,88 July 1-88 Apr. 1.88 Jan. 1-88 I z." 'f C {Y". GI Oct. 1-87 July 1,87 Apr. 1-87 Jan. 1-87 I Z..-II' 7/ , Oct. 1-86 July 1-86 e *5 II_€~~ 655 Reading Difference ,.,- ,; ,/ o;3:,3i I~l V OJ/1 50 (j 2' ~ "Z..l / IJ i i) ,bV ~ ! !) C, I ? /I'..._~ :J ~) . "'<// .......--' e f' l }. I / I / () I ,J l:. '! V> (!) 10Irf 32- o 0) fr-d.~ J o -- ~ 1-/ 1 -::1'5 "Il t( P- /1 ~g E-lf' '7....0'::. I~ '7 oJ ...... l/:i ? . "\ ,'. ) -f' '~ ; :1 :: t. ?,;./"' ~: ./'>1--....#..;.... - ,...... .._......a '~I l -1. (' f/ :i (" ....)' -i, ' f r I ,-..L /--,' '0 ~W l () L{.' . .d- w ~Q J~k ~<-~~1 'Y:.t~ - -- ,fj , ~ / ~?vt~ \ (J . C. Lf( 2-0 ~ ~,",CL~q V'-~l ~tW ~ ,!!2 ~ UvCLctc,v (Jk~ L4L~t): ~ QAu.:-"'1,t - 3q"cG." (,,",.i1..lC) .. c..'l..{.........\41..-<.'" " i , '-).. S . '1.. ... I '^ " yV' "_ _ . lot 'I, 2-- 0 e 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 e 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 Number of persons employed by your city (city) Address (street) (slate) (zip) City Work Phone (area) (please print) Name Title ~ e .. I 11 = = ... .... = o y = o ... .... eu e l-f cS ~ - eu l-f Q,l = Q,l ~ I ~ Seminars for Elected Officials.. = .g ... ell a ... oS .S ... CI .::l ... ... oS ... o ~ 0- ..... l'- 0- M lI'l \0 ,-.~ 8 8 g 00 c ';:l 0 .s '" 0 .~ g ~ ~O" = III El 0 $a g f:! .~ .s ';:l tlI) i::; ..... 0 III 0 0 0 '" ~ aCl) ;;; 8 .... ... tlI) lI'l C ~ cB .S .s ;,:;;: ",.......c 0"'" ...~..... ..... rJ'J s... cB3f:! 880 .......c~ tlc~ fn u..... CI) ..... .... 0 c: ..,. 0..:;: 0 la""'l'- c:loElo"'O.-:'M '::j CI) e '<t 0 ::l N 0- 0 OU"IllN 1ll0;....O-N .~ ; O.S 00 ..; ..-t ...JUOCl)'<tCl)\O Cf) .5 . = . .... . eu CI) ~= ... Q,l = III Q,l ~ e ~ E ~ Q,l .... .. .. o l-f ~~ 7:IJ. ~ ~ ~ o .- ~ ~ 7:lJ.E ;0 = .s ] ~ ~ 00 ~ ~ ~ Registration Form ~.~. '; I : i : I" __ .c ... U $..4 = ;S 01l = ... - o S o $..4 ~ . ... = Q,l e Q,l = .~ l-f .. Q,l l-f .. Q,l orJ'.l ~Cf) Q,l .5 ..c: = ... .... g~ ,Q -< ~ - $..4 .. 0 ~~~ _= $..4 flJe; o ~ = = ... .:= S -8 .s ~ -=~-c;;j ~... $..4 01l.s 0 ~ = ... ~ ... ~ ~ 01l 0 "0 .= - = ~ = ~ ... :s2e;~"O~ $..4 (J $..4 = ~O~~~ i'~"O . ~ I '" I .... .~ ~ = o '0 ~ .- ~ ~ 0 ~~6.~<.) ';:l '0 ~ .;: '0 .S t:lQ'O~Q", Q) ~ Q > ~ Q '" .... ~ 0 . 0 .8 5~ 13 go.;: at S S .... 'a l:3 Q Q) ": go.~ 'a o~"':atl~ <:l Q ~ ._ _ e,o l:3~ti;l'3O ..... t:;4 .... ..... "'0 ~oo o..t)~ e,o.s <.) .s ~ Q o 00;':::: 0. ..s <.) ~ 0 ~ ~ I :.::: ..Q c..~ ;> .Q .0 <.) .... <.) .... <.) =tU~JEd:'= . 0..;3 '0 0 ~15 g ::....~'OQ)O"'" .... ~ Q ~ l3.. 0 ~ en~o.Q~""Q E-c 1:0 .... .... 1:0 00.... (.:) .9 ~ 8. 8 .s ::g Friday, January 26, 1990 . I ~Q)I~OO .;: .J::l .~ Q .s Q .. ~ .... .... S:::s' "'=' a I oola. ,.,:;~E3 '" u .- 0 Q) ^" U;j ~ ~u.;3"""" QSQ_ .~o .- ~ at :g S S = ::gQ)~o~enQ) .... 13 .. '01> Q) Q) ~ o ._ .... Q) Q .J::l Q)"'=' o~ Q" :::s ,.,:; Q ......- . 0.. ~'O.g'O~ ~8 Q,! Q ~ Q 0 Q) ., ....l 0'- 0 -.... Q)';: g <:l .00 3 .;3 .~ ~ .~ 'S U en . Q)g<gQ).oQ)~ ~ ~ S ~ .::: 'a .;3 0 ~< o<~ ='0''; Q) "'<<l....~Q- .cQ)Q)~Q) ~Q) S .;3 13 ~ .;3 ;.; ~ Q) on'- Q) . UO <.) Q) ~Q)::gQ", QQ) 1:0.;: QQ<<lQ)>> '" ._ ~ ;<; 0 '5 00 0 .::: U .. ,.,:; .;; '" < -a. o .s g: ~ .... ~ .. = '0-= N ~.... ...=~ ... 0 .. cu t'-l = :::s _ Q =~~ cu '0 = ..., = ... >"; e ~ g .C Ei5 ~ .. e 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 e e 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" ./ ~r. ~':G. .... 'Y e CtJuAl-~l [{ t( e.- €..-fs ~d-O-W1-~ WVle-R- . . Ie- ~ v-' ct{. I \, 9 a-v/ sev->.0f ~ ift;J-O:5 . ~wr C{tu:d1-eY' ~o y~(/::S 'qfjo.j::-r ~l5 If'\. ric;b's ha>>{-J tt~~l~ 1 ,-'~. ~CYV 0 f~~ L,Lb ~~ ~~ ~ /t"iJe h erk?- 4YtpUlST<=- j r-+~ e e e e (! CO /2/r9(C((7 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 '. - -..... , \ /~ L,./ '{6 to ~ \8 ("\'C- C. V'"" e e e DAVID T. MAGNUSON {' \ q t ~O;; \~ (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 $100.00 or two times the actual da ages sustained as a result of the violation. Damages recoverable under this subdivision include, but are not limited to costs of recovering the vehicle, including time spent ~ and transportation costs. ... I 1, e President Ron Reed Officers Ma,1ha R, Moraan ClJairpfrson . Li!iian Johnson Vice Cha(carson Susan Marrinan V:ce Chai(oerson Edward G. Woiierman .easurer tiJr;n Buckheit Member at Large Jehn Scanlan Member at Large John L Sims Member at Large Board Members Norman G, Anderson Kenneth V. Coilins Blake S, Davis Elizabeth S, Driscoll Linda Fancher,White Richard Galena Margaret A. Hennen Lou Howard Leo Hudaifa , Horace H./rline //I Sandra Krebsbach Sharon I, laComb Har,,! A. Lyon, Jr, James Metzen Clem Nelson Thomas V. Novak Betty Quie Joan L Shapiro Dr, Gladys /, Slone Eiien West Gregory G, White Life Members E'eanor Jane Adams .is Bremer Benz mens Fredeen , arian Pietsch William L West family servIce [iJ:. IJm' ,'~'~'O~' il~' '&'" tr51~-: ., ' - 'Iv;' ' , resources 2845 N. Ham/file Ave, Suite 205 Sf, Paul, MN 55113 612535.0477 E::ecutive Director Gretchen St-9in Sc:~mitt Nile Kriesel City Coordinator City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Nile: December 12, 1989 We appreciate being able to serve your employees and their family members through our Employee Assistance Program. It is now time for your contract renewal. You will notice that we have had a small increase in price in order to cover our rising costs. Enclosed is an invoice and 2 copies of your contract. Please sign both, keep one and return the other to us. We look forward to continuing to provide servlce to you. Gretchen Stein Schmitt, Ph.D. Executive Director Family Service Employee Resources ~l()~~ ~ ~~~Q ~V~- ~ tOMe ~ U '/1~ GSS:dm Enclosures Sincerely, ~$t \)~c,. \ , . ".' ~ >\~ "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. e ~ ~ .. ,-# 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 e ~ 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 e e e 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 . . +"-"', :t.: ,..., ~ :-'. "'-.- . ':," :,' '.,~. :;- .., '. ' . '. '. ~ .' '. , "." , , . '. . ...'.;.' . ~. ~':: .: I;;,.:~~t>>.._, " .:.. e December 15, 1989 e 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