HomeMy WebLinkAbout1991-07-09 CC Packet Special Meeting
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THE BIRTHPLACE OF MINNESOTA J
July 5, 1991
MEMORANDUM
TO: Mayor and Ci,ty Council
FR: Sheila McNamara
RE: SPECIAL COUNCIL MEETING, TUESDAY, JULY 9, 1991
This memo is a reminder to Council that a Special Meeting has been
scheduled for Tuesday, July 9, 1991 at 4:30 p.m. in the Council
Chambers of City Hall, 216 North Fourth Street, Stillwater,
Minnesota to discuss the following:
1. Continued discussion of the Volume Based Fee System for
Solid Waste Collection.
2. Any other business Council may wish to discuss.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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MEMORANDUM
TO: Mayor and City Council
FR: Nile L. Kriesel, City Coordinator
DA: July 5, 1991
RE: JUNKER SANITATION AGREEMENT
Accompanying this memo are the agreements between the City of
Stillwater and Junker Sanitation Inc. pertaining to removal of
garbage and rubbish and for recycling. I thought it would be
helpful to include the agreements if the Council wanted to discuss
extending or renewing the agreements.
In regards to the agreements, I would recommend that the Council
consider developing new agreements that will take into
consideration the changes that have occurred in solid waste
disposal and management since 1980 (the year the current agreement
was developed). I have discussed this with Tim Schmolke, Chairman
of the Solid Waste Advisory Committee, and he suggests that the
Council direct the Committee to help develop a "state of art"
agreement under the direction of the City Attorney.
This can be further discussed at the meeting Tuesday night.
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^GREDIENT
THIS AGREEMENT, made and entered into this
15th day of
April
1980, by and between Junker Sanitation, Inc., hereinafter referred to as
Contractor, and the City of Stillwater, a. municipal corporation, of the
County of Washington, State of Minnesota,' hereinafter referred to as !City;
WITNESSETH:
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rubbish and garbage to he pich'J up by the Contractor. The following items
shall not be th~ obligation of the Contractor to haul: rocks, sod, dirt and
construction material accumulated from substantial work performed on a dwelling
by a general contractor or a substantial remodeling by the homeowner. Further,
in all cases where it is determined to be reasonable to do so, garbage and
rubbish shall be placed in containers no larger than 30 gallon cans. Grass
trimmings, leaves, ashes and household garbage shall also be in 30 gallon cans
or in suitable bags or containers not larger than 30 gallons.
5. In addition to dwellings, double bungalO\.;s, apartments, or other
living quarters, the Contractor shall pick up without additional charge, such
trash as is the responsibility of the City, or which is accumulated by the City,
or for the City. An example of this ""auld be strect cans and park barrels.
6. The Contractor shall provide adequate equipment for the collection of
garbage and rubbish and the equipment shall be of a design and construction
specifically manufactured fOT gurbage and rubbish h:ouling. Upon request from
the City, Contractor shall provide a written description of the vehicles and
equipment to be used within the City, alld the Contractor shall make such vehicles
and equipment available for inspection from time to time as the City mny require.
7. The Contractor shall comply with all health regulations and l,.)rdinances
of the City and such other villages, cities or towns as may he involvcd in the
transportation or disposal of refuse resulting from such collection.
8. The Contractor shall furnish the City a written schedule of the area
in, which pick-ups will be made each day of the \,:cck and shall advise the City
Council in writing of any changes in such schedule at le2st fifteen (15) days
prior to making such changes.
9. The Contractor agrees to pay all necessary Fedcral Social Security
taxes and all State and Federal taxes required by law, and at its own expense
will cover all of his employees with Workers' Comp~nsation Insurance as provided
by law, and the Contractor ?hall also carry public liability insurance of
500,000/1,000,000 and property d~mQgc of 100,000/300,000
and shall deliver a Certificate of Insurance regarding the required policies to
the City. Contractor further agrees to comply with all laws of the State of
~Iinnesota and the Un i ted States regal'Jing the employment of persons.
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10. Contractor shall furnish a performance bond as required by law
in the amount of $2,500 which will be delivered to the City to secure
the faithful performance of this contract.
11. The contract price as hereinafter stated shall be subject to
negotiations upon each one year interval of said contract during the regular
term and any extension or renewal thereof, subject to the condition that in
the event the Contractor and the City are unable to arrive at a satisfactory
agreement relative to an increase or decrease in the amount of the contract,
the Contractor may be relieved of his responsibilities under this contract,
upon sixty (60) days written notice to the City of his intention to terminate
the same, provided that such notice must be given no later than sixty (60) days
after the completion of each one year interval of the contract.
12. The City may at any time, terminate the contract for a breach of
the terms thereof by the Contractor or for unsatisfactory performance thereof.
The City shall not be limited to an action for damages for breach. Failure to
exercise the option to terminate the contract for any breach shall not be deemed
a waiver of the right to terminate for future violations or for future
unsatisfactory performance.
13. In the event that the Contractor shall fail to make a garbage pick-up
at any particular residence as required by this contract, it shall do so within
forty-eight (48) hours after notification from the City of the address where
the pick-up was not made. This provision shall not constitute a waiver of
the breach of any conditions of this contract requiring all residential pick-ups
to be made at least once in every seven-day period.
14. The City reserves the right to make additional reasonable regulations
regarding the performance of the garbage and rubbish collection as it sees fit
after consultation with the Contractor.
15. That commencing on November 1, 1979, and thereafter until changed
in accordance with the provisions of this agreement, the fees to be paid to
the Contractor shall be as stated in Section 8 of Ordinance No. 426, as amended
from time to time.
16. The City agrees to enact and to continue in effect reasonable
regulations obligating its citizens to make the rubbish reasonably accessible
to the Contractor on the day of collection.
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17. This agreement shall in full force and effect from and after
November 1, 1979, nunc pro tunc and until June 30, 1992.
IN WITNESS WHEREOF, We have hereunto set our hands the day and year
first above written.
,~UNKER SANITATION, INC.:) . ""
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CITY..~.F.~TI ,ATER: /
By (,/ Lh~~
Its Mayor
By <./j i~I;/ /? ~~~~
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me this
April , 19 80 , by James L. Junker and
, on behalf of Junker Sanitation, Inc.
15th day of
~""Y~~Nell
; ~ :-~'1.~ NOT!H{V L'I 'PLIC. MINNESOTA
~',,:t. {~, W;\3H:NGTON COUNTY
~ ...~,., My CommrS~lon E.pires Doc. 14, 1003
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No ary Pu ic
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me this 15 th day of
April ,1980, by David C. .Junker, Mayor
and Dorothy R. Schnell, Clerk on behalf of the City of Stillwater.
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Notary Pub ic
'<;:-'"'''' MARGARET ANN SEIM
IJ.<. .!..1\i NOT,\RY PUlJlIC - MINNESOTA
".1\.{ h\~ WASHINGTON COUNTY
,~'S...", ,,",y Comm'SSlon E.plres June 18. t;o.&
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RECYCLING SERVICE CONTRACT
BETWEEN
JUNKER RECYCLING INC.
AND
THE CITY OF STILL'WATER
Collection of Recyclable Material
1) Recycling collection shall take place at least twice a month (every
other week) for each dwelling unit. The schedule shall be consistent
with the weekly schedule of the regular refuse collection. Daily
service hours shall not begin prior to 6:00 a.m. nor continue past
10:00 pm.
2) Collection will be from the curbside. At a m~nJ.lllum, collection must
be for newspaper, glass containers, aluminum, tin and steel cans.
If mutually agreed upon or if required by federal, state or county
mandate, other materials such as cardboard, paper and metal can be
added.
3) Contractor must provide monthly reports for all materials collected.
The required information includes original truck scale tickets and/or
market receipts, when delivered, showing the name of the contractor
and the market, the date of delivery to market, and the net weight
and type of material. The Contractor must also provide to the City
any pertinent information or data required by Washington County
including data pertaining to household participation.
4) The responsibility of all recyclable material collected shall be that
of the Contractor from the time of pickup. Thereafter, ownership
remains with the Contractor until the Contractor has marketed the
materials.
II. Change in Collection Schedule
1) The Contractor may request a change in the day of pick-up by
requesting such change in writing to the City at least twenty-one
(21) days from the proposed date the requested change is to take
effect. A change shall be effected only upon authorization from the
City and fourteen (14) day notice to the residents.
2) The Contractor shall not be required to make regular collections on
New Years Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day or Christmas Day; provided, that the routes are
collected reasonably in advance thereof or thereafter in the opinion
of the City Coordinator, and the week's schedule shall be completed
regardless of the holiday. It shall be the Contractor's
responsibility to notify residents of any changes in the collection
schedule as a result of said holidays.
3)
The Contractor may also request a change in the route schedule by
requesting such change in writing to the City at least thirty (30)
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The Contractor shall bear all costs involved in notifying resident
of approved schedule changes. The City will, when possible, include
information afout recycling and of any schedule changes in its
quarterly newiletter.
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Performance of Coll~ction
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The con~ractor shall make all collections of recyclable in
water-ttght metal receptacle or vehicles so constructed that
their cpntents will not leak, spill or scatter therefrom.
Should !recyclables be dumped or spilled in collecting or
transporting, it shall be immediately cleaned up. A broom and
shovel 'in good, usable condition should be placed and
maintained on each vehicle for this purpose. Receptacles and
vehicles shall be kept clean and free from all offensive odors
as possible and shall not be allowed to stand in any street,
alley or other place longer than is reasonably necessary to
collect! recyclable.
4)
III.
1)
days from the proposed date the requested change is to take effect.
A route chang~ shall be effected only upon authorization from the
City. .
Equipment
a)
b) All ve~icles shall be painted and marked uniformly and shall
have the hauler I s name prominently displayed in letters of
contracting color, at least three (3) inches high, on each side
of the vehicle.
c) The Conjtractor shall keep all equipment used in the performance
of thei work in good operating condition and in a clean,
sanitary condition, shall thoroughly disinfect each vehicle
at lea~t once a week unless the same has not been used since
the la~t disinfection thereof, and shall thoroughly inspect
each vJhicle as necessary. They shall be equipped to meet all
federal, state and municipal regulations concerning vehicles
used on public roads and maintained to meet these standards.
Equipment is subject to periodic inspection by the City.
2.
Safety I Equipment. Each collection vehicle shall have a
flashirtg light warning system, fire extinguisher and proper
backuPialarms as approved by the City.
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The CifY shall not require the use of specialized containers
until January 1990 unless agreed to by the Contractor.
Therea[! ter the City, after consulting with the Contractor, may
requir the use of specialized containers.
Personnel Re irements
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d)
e)
a)
Emplo~ees shall be sober at all times, in the performance of
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their duties, be of a presentable appearance, perform work in
a neat and quiet manner and at all times be courteous to the
public.
b)
All services to be performed for the City by the Contractor
pursuant to the terms of this Contract shall be supervised by
such employee, agent or officer of the City as the City shall
designate. The designated inspector may have access to all
of the Contractor I s records and equipment pertinent to the
recycling contract program at reasonable times.
3. Complaints
a) The Contractor shall establish and maintain, in a location
approved by the City, an office with continuous supervision,
for accepting complaints and resident calls. The office shall
be in service during the hours of 8:00 a.m. and 4:30 p.m.,
Monday through Friday, except holidays and as specified in the
Contract. Address and telephone number of such office and any
changes shall be given to the City in writing.
b) Whenever the City or a resident notifies the Contractor of a
location which has not received scheduled service, the
contractor is required to serve such location no later than
the following working day from the time of complaint. A record
of all complaints and action taken thereon shall be kept by
the Contractor and reported monthly to the City. All
complaints shall be answered by the Contractor courteously and
promptly.
4. Public Education
a) The City \-Jill act as overseer for recycling publicity and
public education.
IV. Record Keeping and Financial Records
1) The Contractor shall keep complete and accurate records, including
quarterly profit and loss statements and balance sheets, in
accordance with generally accepted accounting practices and shall
make available for inspection by the City or County at any reasonable
time within the term of the contract, any and all books, records,
documents and accounting procedures and practices pertinent to the
recycling contract program.
2)
If the City determines that the Contractor has falsified data or
invoices submitted to the City, the City will withhold any payment
until the data or invoice is corrected and may result in the
termination of the contract immediately upon verifying that
falsification occurred. Falsification includes, but is not limited
to: claiming the weight of recyclables to be in excess of their
actual weight ("bumping"); claiming recyclables collected outside
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the City in data or on invoices; and requesting payment for materials
not specified ~n the contract.
V.
'Payment for Services!
1)
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The City shalll pay the Contractor $ 0.75 per month beginning October
1, 1989 for r~cycling serJices for each residential unit including
apartments th~t are billed for regular collection service.
The monthly rjte may be adjusted upward from time to time based on
c. ost increases and decreases in revenues from the sale of recyclable
material pro ided that adequate support and documentation is
presented to he City justifying the proposed rate increase.
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The monthly rate may also be adjusted downward from time to time
based on cost! decreases or increases in revenues from the sale of
recyclable matlerials provided that adequate support and documentation
is presented tp the Contractor justifying the proposed rate decrease.
2)
3)
VI.
Insurance
VII.
1) During the entire period of the Contract, the Contractor shall
maintain, at its cost and expense, and file with the City, policies
or certificates of Worker's Compensation and General Liability
Insurance. M~nimum insurance policy coverage requirements are:
a) combined single limit policy of One Million Dollars ($1,000,000)
including Public Liabili ty Coverage for both Bodily Injury and
Property Damage. All policies evidencing insurance required by this
paragraph sha!ll name the City and the Contractor as named insured,
and shall insjbre the City and the Contractor by reasons of any act
or omission, including negligence, of the Contractor or of the
Contractor' semployees or agents in connection with the performance
of this Conttact, including claims arising out of the use of or
operation of any vehicles used by the Contractor or the Contractor's
employees or agents in performing this Contract. Such policies shall
be in form and content satisfactory to the City Attorney, and shall
be filed with the City Clerk. A certificate showing that the
Contractor has in effect the aforesaid insurance covering both the
Contractor a~d the City shall be filed with the City Clerk within
ten (10) days from the execution of the Contract, and yearly
thereafter, f:t least thirty (30) days prior to the date of the
expiration qf said policies of insurance for each year of the
Contract. All of the foregoing policies shall be issued by an
insurance coffi.pany or companies licensed to do business in the State
of Minnesota and authorized to assume the risks covered thereby.
Memorandum p~licies and receipts for the payment of premiums shall
be filed wit~ the City showing payment of premiums for at least one
year in advatce and on each renewal date provided therein.
Indemnification
1)
The contractpr agrees to indemnify and hold harmless the City, its
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agents, officers and employees from any and all claims, causes of
action, liabili ties, losses, damages, costs, expenses including
reasonable attorneys I fees , suits, ,demands and judgments of any
nature, because of bodily injury to, or death of, any person or
persons, and/or because of damages to property of the Contractor or
others, including loss of use from any cause whatsoever, which may
be asserted against the City on any such matters, ana to pay and
satisfy any judgment entered thereon together with all costs and
expenses incurred in connection therewith. The City shall in no
way be liable for any claims or charges incurred by the Contractor
in the performance of this Contract.
VIII. Guaranty of Nondiscrimination
1) The Contractor agrees that during the life of the contract, the
Contractor will not, within the state of Minnesota, discriminate
against any employee or applicant for employment because or race,
color, creed, national origin or ancestry or sex and will include
a similar provision in all subcontracts entered into for the
performance thereof. The Contract may be cancelled or terminated
by the City and all money due or to become due may be forfeited for
a second or subsequent violation of the terms or conditions of this
paragraph. This paragraph is inserted in the Contract to comply with
the provisions of Minnesota Statutes Subsection 181.59.
IX. Legal Compliance
The Contractor shall comply with ordinances of the City and the County and
the laws and regulations of the state of Minnesota and' its agencies
relating to collection of recycled materials in effect during the term of
the Contract.
X. Transfer or Sale of Contract
1) The Contractor will not make or create, or suffer to be made or
created, any total or partial sale, assignment, conveyance, or lease,
or any trust or power, or transfer in any other mode or form of or
with respect to this Agreement or any part thereof or any interest
therein, or any contract or agreement to do any of the same, without
the prior written approval of the City, which approval will not be
unreasonably withheld.
The City shall be entitled to require, except as otherwise provided
in the Agreement, as conditions to any such approval that:
1) Any proposed transferee shall have the qualifications and
financial responsibility, as reasonably determined by the City,
necessary and adequate to fulfill the obligations undertaken
in this Agreement by Contractor; and
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2)
The transfer does not create an antitrust situation in the
local refuse hauling industry that is contrary to the public
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3)
4)
interest lof the residents of Stillwater; and
Any proposed transferee, by instrument in writing satisfactory
to the City for itself and their successors assigns, and
expressly assumed all of the obligations of service under this
Agreemen~ and agreed to be subject to all the conditions and
restrict~ons to which service is subject. It is the intent
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of this! Section, together with other provisions of this
Agreemen~, that (to the fullest extent permitted by law and
equi ty ahd excepting only in the manner and to the extent
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specificcrlly provided otherwise in this Agreement) no transfer
of, or c~ange with respect to, ownership or any part thereof,
or any irterest therein, however, consummated or occurring,
whether yoluntary or involuntary, shall operate, legally or
practica+ly, to deprive or limit the CIty of or with respect
to any r~ghts or remedies or controls provided in or resulting
from thi~ Agreement; and
There Shill be submitted to the City for review all instruments
and otheJ!:" legal documents involved in affecting such transfer,
and if approved by the City, its approval shall be indicated
to the cpntractor in writing. The proposed transferee shall
submit ~o the City for review all bonds, insurance policies
and any land all other documents required by this Agreement,
and if aPproved by the City, its approval shall be indicated
to the proposed transferee in writing.
XI. Modification of Conuract
include regulations mandated
Councilor the County of
This Contract may bel modified by the City to
by the State of ~innesota, Metropolitan
'Washington. I
Duration of Contract
XII.
1)
This Contract I shall remain in effect until June 30, 1992 unless
terminated by the City on the grounds that a substantial change in
circumstances or conditions, not apparent at the execution of this
Contract, require a change in public policy needed to protect the
health, safety or welfare of the City. If terminated before June
30, 1992, the ~ontractor shall be entitled to 90 days written notice.
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XIII. Breach of Contract I
1) If the Ci ty ~etermines that the Contractor is in breach of the
Contract, a w~itten notice will be sent to the contractor allowing
him thirty (3~) days to comply. Failure by the Contractor to comply
with the Contract by the end of the thirty (30) day period the City
will terminate the Contract by legal remedy.
This agreement shall be 1~..9n9 2fU.ll force and effect from and after~~/
1989 and until June 30, .
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IN WITNESS WHEREOF, we have hereunto set our hands the day and year first above
written. .
JUNKER RECYCL,:q~G, INC.
CITY OF STILLWATER
BY:
dJi~
/47 fi-uJ tf~~~'
BY:
STATE OF MINNESOTA
COUNTY OF WASHINGTON
The foregoing instrument was acknowledged before me this __-?'Ft'ff day ofC:;...u?tv-J--.........
1989, by James L. Junker on behalf of Junker Recycling Inc. 0
.
@.,.._~ MARGARET A. TSCH!DA
Haury PublJ(:.J.' Meseta
Washington County
My Comm. Exp. 7-6-95
)7(~vCl1JaA ?;~~./
Notary P)1blic
STATE OF MINNESOTA
COUNTY OF WASHINGTON
, 3,l-I -I-
The foregoing instrument was acknowledged before me this 0 --day of ~~
1989, by Wallace Abrahamson, Mayor and Mary Lou Johnson, City Clerk on be alf
of the City of Stillwater.
@ NILE L. KRIESEL
~ .!!NOTARY pUBUC- MINNESOTA
WASHINGTON COUNTY
My CommlS31on Explm Oct.15, 1990
:?f~ ;( 'K-~
Notary Public
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TH:-;-IRTHPLACE OF MINNESOTA J
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June 27, 1991
Mr. Dave Pohl, Trustee
Margaret Rivers Foundation
c/o Fi rstar Bank
213 E. Cnestnut Street
Stillwater, Mn. 55082
Dear Mr. Pohl:
Several years ago, the City of Stillwater installed a fishing pier at Lily
Lake. The fishing pier was a very popular attraction and was well used over
the years. Unfortunately, the pier has deteriorated through age and use and
the City had to remove it.
The removal has disappointed many residents (young and old) who would like to
have another pier installed by the City. The City has investigated the
possible replacement of the pier and it appears that we could replace the pier
this summer for a cost of about $18,000. However, the City did not anticipate
the replacement of the pier in 1991 and did not budget for the same.
Therefore, the City does not have the funds available at this time and I am
writing to you to request consideration by the Margareet Rivers Foundation
Trustees to fund the acquisition of the fishing pier. Your contribution would
be greatly appreciated and would benefit residents of all ages.
Please let me know if you need any additional information. Thank you for your
consideration.
Sincerely,
aJcdr ~
Wally Abrahamson
Mayor
WA/ml j
cc: City Council
Wayne Wohlers, Chairman
Park & Recreation Board
Tim Thompsen, Parks Director
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CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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Mlnnelota Department of Trlnsportatlon
, MetropoUtan District
, ',"...naport.tlon Building
"'St. Plul, Mlnn..ota 55155
Oa~c1ale Office, 3485 Hadley Aven\1e North, Oudlle, Minnesota 55128
Golden Valley OffiCe, 2055 North Lilac Drive, Golden Valley, Minnesota S5422
BBjDOT FACSIMILK TRANSMITTAL
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Brick Alley Building · 423 So. Main Street · Stillwater, Minnesota 55082-5127 · (612) 439-7700
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celebration of
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fOR UP TO DATE CONSTRUCllON. INF'ORMA llON
lHROUGHOUT lHE SUMMER, CALL
The CDnnectiDn. 922'9000
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Monday, July 15th
LumberjacK Days Kick-off Cruise - Andiamo ShIT~boat
7 - 10 p.m. $20.00 per per:Dn
RSVP Chamb.er
439-7700
Saturday, July 20th
Lowell Park Vendors 11 a.iIl. - 11 p.m. 439-7700
Dragon Boat Races 10 a.m. - 5 p.m. BRITAN ~JG PJ[E 12:30
Fishbuilt Compitions 1 p.m. - 5 p.m.
Bingo in the Park 10 a.m. - 7 p.m. ( 7pm $500.00 gamel
Music - Paperboys 7:3~ p.m.
Side Walk Sale Days (r~ntown ~ Malll 10 a.m. - 5 p.m.
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L~~ERJACK SCHEDULE OF EV8frS 1991
Tuesda~ July 16th
"0' 0 ~.... ~ ~ no' - hOhOt : 4-0 '....,..,.
iilstOflC L.ourlnDuse uranu UpeOlr.g or t.Xl 1..,1 I ,,) -uL\o~
7:30 - 9:30 c.m. "Union Saved~ Veterans Organize~"
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Historic Court~3use, Unions Saved Exhibit 10am-2pm 4~~6233
Special Music - Whistlin' Dixie 11:30am-1p!ll
TOURS Q:f Stillwater - Narrated history tC'.Jr by costumed guide
10:30 am - 11:~J am - 12:30 pm; $3.50 adults $2.1)0 children
Wednesday, July 17th
Andiamo Sr~~tGat - 8:30 a.m.
jell "!FA
..\oJ"; nw...:"'f
439-5160
9:~~ am Kiddie Parade Registration - Pioneer Park 439-7700
10 am Kiddie Parade Starts
10: 15 - 11:00 am ISD ~4 Puppet Wagon
11 am Junior Royali ty Contest
Historic Courthouse, Union Saved Exhibit 9am-3pm
430-6233
11:15 am Treasure ~Jnt
~~sic on the Waterfront - BQooi~~n
7 p.m. Lowell Park
439-7700
Turkey Roast ~ Dance 2 p.m. - 11 p.lli. Eagles Club 430-2048
P]A nilk Carton Races - Lily lake 3:00 p.m.
439-7700
Thursday, July 18th
Andiaoo ShowbDat - 8: 30 a. ill. ISO ~S34
439-5130
Sunday, July 21st
Historic Courth~Jse, UniGnSaved Exhibit q~l-~~m
430-6233
Lowell Park Vendors t~n - 6:~J p.m.
439-7700
ISO 18.34 Puppet wagon - Lowell Parkinorth end 9: liS a.m. 439-5160
Royalty Brunch - Freight ~3tise 10:30 a.lli. - r~n 439-7700
Lowell Park Vendors Open 11 a.m. - 11 p.m.
Bingo in tr~ Park 10 a.m. - 7 p.~.
~Jsic - Bill Berqeron 7:30 p.lli.
439-7700
Llli~~erjack Days Parade
1 p.m. Sfl~P!
439-7700
lJD Kick-off Dinner 5 p.ill - 8 p.m. Eagles Club i 4~~-204-9
$6.00 a&Jlts $3.00 (12-5) unG~r 5 frE~
Fishbuilt Compition Fir~ls 2 p.m. lo~~ll Park
Stor-EI vaden Norwegian !lancers 4: 30 p.l!!. LC'fiell P~rk
Friday, July 19th
Lowell Park Vendors 11 a.Ill. - 11 p.g. 439-7700
Bi~~o in the Park 10 a.m. - 7 p.m. ( 7pm $~~o.od gamel
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Music - Live Wire 7:30 p.l!!.
Lumberjack &Jtton Orawir~s 6 p.m. Lowell Park
439-7700
Side Walk Street Days (Downtown ~ Mall) 439-77(~
10 a.lll. - ::; p.m.
Historic C~Jrthou:~! Union Saved Exhibit 9am-3pm 4~~6233
Fantastic Friday - ISD # 834 439-5160
Fun For Kids - Qak Park Schocl 10 a.~. -12 p.lli.
~Jppet Waqon - Pioneer Park Noon - 12:45 p.m.
Puppet ~agGn - Lowell Park!r~rth end 2:15 p.m. 3 p.m.
Greased Water[~lon Race - Lily Lake 2:30 p.rn
Wild 5co:~ Chase Cloggers - Firstar P~nk Drive-up p.m.
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RE: L._~U Signage
l~r~ are sLlbmi'ttirlQ CtJF rCO~~2st ~or our Lunlber'jact( n~\!S Sian ~..-
~,~. placed a~rcss t~l2 ~lai;~ S.t~8et in S.tj.l].watel~ ~~on~ Julv .,..
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Brick Alley Building · 423 So. Main Street · Stillwater, Minnesota 55082-5127 · (612) 439-7700
r illwater
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THE BIRTHPLACE OF MINNESOTA J
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July 9, 1991
TO WASHINGTON COUNTY COMMISSIONERS:
The Stillwater Heritage Preservation Commission whole-
heartedly supports the historic trains that are a part of
Historic Downtown Stillwater. Their presence in the
community are monuments to years past which compliment the
historic perspective of Downtown Stillwater. This is what
makes Stillwater a special place to live and to visit.
Northern Pacific Engine No. 328, in particular, a part of
Stillwater for over thirty years, reflects the train era of
the turn-of-the-century, as does the built environment of
Downtown Stillwater. The Zephyr Dinner Train, although a
statement of another era, adds to the variety of history
Stillwater has to offer.
The Preservation Commission hopes the County Commissioners
can arrive at a reasonable solution so both train
attractions can remain in Stillwater because they are a part
of our community and to our economic base.
Please include our comments with those presented at the
public hearing on this issue.
:A~~' -fl
Jet Johnson
Chairperson
Stillwater Heritage Preservation Commission
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CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
,
WASHINGTON COUNTY
DEPARTMENT OF PUBLIC HEALTH
ENVIRONMENT AND LAND USE DIVISION
Mary Luth
Public Health Director
Doug Ryan
Division Manager
Serving the community with programs in Building Inspection, Emergency Services, Food Protection, Land Use Planning,
On-Site Sewage, Public Health Nuisance, Solid and Hazardous Waste, and Water Quality Protection,
To:
John Diers, ~innesota Transportation ~useum
David L. Paradeau, The ~innesota Zephyr, Ltd.
Jim Kinder, Citizen Representative
Pat Bantli, Stillwater Township
Shiela Davis, Grant Township
~ary Lou Johnson, City of Stillwater
From:
Doug Ryan, Environment and Land Use Division
Manager~l
Date:
Jul:' 4, 1991
Subject:
Draft Railroad Ordinance
The Washington County Board of Commissioners will hold a public
hearing to consider the attached Railroad Ordinance on Tuesday
July 16, 1991.
As you are aware,
Kashington County
hearing on June 25,
the draft ordinance w'as reviewed
Planning Advisory Commission at a
1991.
by the
public
In addition to the substantive changes made by the Planning
Commission, staff has included a procedural change in section
749.03 relating to the requirement for a conditional use permit.
This section now reads that the permit would be issued to the
operator of a regulated railroad operation rather than the track
owner. This change is seen as a t"ay to pro'\.-ide a practical y;ay
for railroad operations to expand service to trackage owned by
other railroads. At the hearing I will explain that this change
was made by staff follotdng the Planning Commission Hearing. A
section on definitions ,,"as added to clarify the text in the
ordinance.
The hearin; ~ill be held at 9:00 A~ in the Board Room.
invited to attend and provide testimony.
..~-ou are
(612) 430-6655
Solid Waste, Hazardous Waste
and Emergency Services
(612) 430-6656
Community Sanitation, Building
Inspection and Land Use Planning
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GOVERNMENT CENTER
14900 61ST STREET NORTH, P,O, BOX 6 . STILLWATER, MINNESOTA 55082-0006
Facsimile Machine (612) 430-6730
EQUAL EMPLOYMENT OPPORUNITY I AFFIRMATIVE ACTION
Printed on Recycled Paper
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NOTICE OF INTENT
TO ADOPT ORDINANCE
Notice is hereby given that the Washington County Board of Commissioners will
consider adoption of an ordinance regulating railroad operations at their regular
meeting of July 16, 1991, at 9:00 a.m. in the County Board Chambers, Washington
County Government Center, Stillwater, Minnesota
The Board of Commissioners will consider an ordinance amending Section 6 of the
Washington County Zoning Ordinance by creating a "Railroad Overlay District".
The ordinance would be further amended by adding Section 749 entitled "Railroad
Operations". This section of the ordinance would provide performance standards
for railroad operations not preempted from local land use controls by State or
Federal Law. The following legally described property is proposed to be included
in the Railroad Overlay District:
Parcel #83023-4000, Parcell, the N 1/2 of the N 1/2, Section 23, Township 30
North, Range 21 West. A strip of land 100 feet in width being 50 feet wide on
each side of the hereinafter described main track centerline as located in the N
1/2 of the N 1/2 of said Section 23 and in the NW 1/4 of the NW 1/4, the NE 1/4
of the NW 1/4, the SE 1/4 of the NW 1/4, the SW 1/4 of the NE 1/4, the SW 1/4 of
the SE 1/4 of the NE 1/4, the NE 1/4 of the NW 1/4 of the SE 1/4, and the NE 1/4
of the SE 1/4 of Section 24, situated easterly of a line drawn at right angle to
said main track centerline at a point therein distance 461.6 feet easterly of
said west line of said Secti0n 23 as measured along said main track centerline,
said point hereinbefore described also being defined as railroad survey station
332+92.0 (milepost 6.3) subject to road easement, except 83023-3925, Grant
Township, Washington County, Minnesota.
Parcel #95019-2901, Parcell, Section 19, Township 30 North, Range 20 West. A
strip of land 100 feet in width being 50 feet wide on each said of said main
track centerline as located in the N 1/2 of the N 1/2 of the SW 1/4 and the N 1/2
of the SE 1/4 of fractional Section 19, N 1/2 of the SW 1/4, the SE 1/4 of the NW
1/4, the N 1/2 of the S 1/2 of the NE 1/4, the S 1/2 of the N 1/2 of the NE 1/4
of Section 20 and except the S 1/2 of the NW 1/4 of the NW 1/4 and the W 1/2 of
the NW 1/4 including that part between Ideal Avenue North and McKusick Road in
the City of Stillwater, Section 21, Stillwater Township, Washington County,
Minnesota.
Anyone desiring to be heard may appear at the above stated time to voice an
opinion or written material may be submitted to the undersigned up to the time of
the meeting.
Washington County does not discriminate on the basis of race, color, national
origin, sex, religion, age and handicapped status in employment or the provisions
of services.
e Date: July 2, 1991
/s/
Doug Ryan
Environment & Land Use Division Manager
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DRAFT FOR PCBLIC HEARING
BOARD OF COUNTY COMMISSIONERS
RAILROAD ORDINANCE
JULY 5, 1991
THIS ORDINANCE ADDS DEFINITIONS TO SECTION 301 OF THE WASHINGTON
COUNTY ZONING ORDINANCE, CREATES A RAILROAD OVERLAY DISTRICT
WITHIK SECTION 6 OF THE ORDINANCE, AND SPECIFIES DESIGN AND
PERFORMANCE STANDARDS IN SECTION 7.
Add the following definitions to section 301 of the ordinance:
Dieselin~. The running of a railroad diesel engine when the
engine is disconnected so that it is not transmittini power
to the \.;heels.
Emer~encv railroad maintenance. Maintenance to railroad
tracks, right-of-way, or rolling stock that could not be
routinely anticipated and that is necessary to overcome a
condition that prohibits movement of rolling stock over the
track.
Li~ht dutv maintenance.
utilize mechanized power
inspection cars.
Railroad maintenance that does not
sources other than motorized track
~laneuverin~ operations. Railroad operations that in\-olve
movement of rolling stock to prepare for ordinary travel on
a track, or switching of tracks in anticipation of movement
of rolling stock.
Motorized track inspection vehicle. A wheeled vehicle used
for track maintenance which is powered by a motor which is
sized to -propel the vehicle only'and is not designed to pull
other rolling stock.
Rollins:: stock.
track.
Wheeled vehicles utilized on a railroad
Create a Railroad Overlay District
601. 03
Add "RX" as a o\-erlay district symbol \d th the
following intent and primary use;
Allows selected aspects of railroad operations and
pro\-ides performance standards to protect adjacent
properties from potential impacts.
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604
Cnder Railroad Operations insert "See Section 612"
/
,
.
Add a new section "ttailroad O'..-erlay District"
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612
Railroad Overlay District
612.01 permt tted Cses. Railroad Operations as detailed
in Sfction 749.
Add a ne" section "railroad Operations"
749 Railtoad Operations
749.01
749.02
749.03
749.04
749.05
The purpose of this section is to regulate
rail~oad operations which utili~e tracks in the
unincorporated portion of the County.
For the purpose of this section, railroad
oper~tions shall include those railroad acti\-ities
which are not pre-empted from local land use
conttols by operation of State or Federal law.
( 1 )
Railroad operations may be allowed only following
i s s u ,a n ceo f a con d i t ion a Ius e per m i t tot h e
oper~tor of the railroad. It the operator is not
the owner of the railroad track, the use of the
t rack m 1,1 s t be appro ve d by the 0 w n e r . Each
operator of a railroad operation subject to this
ordinance must obtain a conditional use permit in
order to utilize a section of track. The
appl~cation for a conditional use permit shall
addrrss the specific ways the applicant intends to
ensure compliance with the standards contained in
I
thislordinance.
Railtoad operations must obtain an annual license
in o~der to maintain a conditional use permit in
forc~. An annual license application must be
submi tted to the Zoning Administrator specifying
the number of trips made during the previous year,
,the ~aximum number of trips made in anyone day,
the humber of passengers carried, the number and
type, of rolling stock deployed, compliance \"ith
insurance requirements, engineer qualifications
and fther information the Zoning Administrator may
requ}re. Fees for annual permits shall be those
esta~lished by the Board of County Commissioners.
perflorman~e standards for railroad operations
withtn the railroad overlay zone district:
Hour~ of operation shall be restricted to the
foll6wing:
!
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2
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a)
Railroad operations other than specified In
b) and c) below; 10:00 A~ to 10:00 P~ Monday
through Saturday, and 10:00 AM to 4:00 PM on
Sunday.
bl Track or right-of-way maintenance; 8:00 AM to
5:00 PM Monday through Friday.
c) Additional hours of light-duty maintenance;
5:00 PM to 10:00 P~ Tuesday and 9:00 AM to
12:00 PM Saturday.
d) Emergency maintenance of tracks or equipment
may be conducted outside the hours specified
in b) and c l in this section. The Zoning
Adm i n i s t rat 0 r s hall be not i fie d \d t h i n 4 8
hours following the performance of emergency
maintenance performed under this section.
(2) A maximum nine round-trips may be conducted per
week on the same section,of track, no more than
two of which may be on Sunday or four on any other
day. This restriction on the number of trips
applies regardless of the number of railroad
operations that utilize a specific track. For the
purpose of Section 749, a trip shall mean the
movement of rolling stock, except motorized track
inspection cars used for track or right-of-way
maint~nance, over any portion of track subject to
this ordinance. One additional round trip per day
may be allowed to move rolling stock between
storage and passenger boarding areas, so long as
the storage and passenger boarding areas are in
conformance with Section 749.05, (4) and (6) and
passengers are not carried.
(3) ~oise from railroad operations shall not exceed
tho se standards as pro\- ided fo r i n ~1 i nne sota
Statutes Chapter 116.07, as administered by the
Minnesota Pollution Control Agency. The applicant
shall provide reasonable noise control measures in
order to reduce noise impacts on surrounding
properties. Noise control measures shall be
specified in the conditional use permit
application.
(4 )
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Storage, and non-emergency maintenance of rolling
stock shall be allowed only in railroad overlay
zones on land \"ith an underlying zone of
commercial or industrial. In cases where existing
storage is located outside of commercial or
industrial zone districts, a maximum of one year
3
( 5)
( 6 l
( 7 )
(8 )
(9 )
( 10 )
( 11 )
( 12 l
( 13 l
following the issuance of a conditional use permit a
may be allowed to transfer that use to a .,
commercial or industrial zone district.
Sidi~gs on land with an underlying zone that is
not Icommercial or industrial shall be utilized-
onlyito allow passing maneuvers.
Railtoad stations or passenger boarding areas may
be a lowed only in railroad overlay zones on land
with.an underlying commercial zone.
I
Minimum safety and track standards shall be these
appl,icable standards of the Federal Railroad
Admi*istration: and Minnesota Statutes Chapter 219
as aldministered by the Minnesota Department of
Trantnortation.
I -
Direfl t t\"ro-way radio communications, or other
non- ntrusive signal methods, shall be utilized in
lieul of whistling for communicating maneuvering
oper'lations to the railroad crew when such
communications are not in conflict \__ith the
mini~um .safety and track standards contained in
Section 749.05, (7).
Engiineers shall be licensed by the Federal
Railtoad Administration, and shall be additionally
qual~fied according a training program designed
for the track and equipment to be utilized.
Herb~cide spraying to control vegetation along the
righlt-of-way, \"rhere performed, shall be in
conflormance with standards published by the
Minn~sota Department of Agriculture pursuant to
Ninniesota Statutes Chapter 18B, and product
manutacturer's label.
Ligh~ing attached to moving trains, o1:her than
thati. required by the Federal Railroad
Adm i f> i s t rat i.o nor the ~J inn e sot a De par t men t 0 f
Transportatlon for safety reasons, shall be
shie ded to prevent glare, shall be mounted no
high~r than 4 feet above the track, and shall be
dire~ted downward at a minimum of 45 degrees from
the l110rizontal.
I
No direct discharge of sewage or gray water onto
the Track or right-of-way is allowed.
Foodlservice operations aboard a railroad shall be
cond4cted in accordance with the ~ashington County
Food Protection Ordinances.
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(14) Dieseling or idling of locomotive engines shall be
allowed only in conjunction with required warm up
and maintenance operations, and when performing
swi tching or passing maneuvers. Dieseling or
idling may not be used as a method of keeping an
engine ,"arm between operations. The applicant
shall specify in the conditional use permit
application the kinds of requirements for
dieseling or idling necessary for the equipment to
be utilized.
(15) All equipment shall be maintained in a state of
repair which minimizes smoke or exhaust emissions.
The conditional use permit application shall
specify mitigation measures to be implemented.
Mitigation measures which may be required include
the use of clean burning coal, and specialized
boiler firing techniques for steam locomotives.
(16) Where train tracks cross public recreational uses,
such as hiking or equestrian trails, the
condi tional use permi t application shall specify
measures to promote safety and efficiency at the
crossing.
(17) Solid or hazardous waste generated as a part of
railroad operations , including but not limited to
track, right-of..;,way and equipment maintenance
shall be managed in accordance with the Washington
County Solid Waste Management Ordinance and the
Washington County Hazardous Waste Management
Ordinance.
(18) Additional performance standards may be added to
the conditional use permit if the Planning
Advisory Commission finds that they are necessary
to protect the public health, safety or welfare.
749.06 Conditional use permit applications for railroad
operations shall be referred to the Federal
Railroad Administration and the Hinnesota
Department of Transportation for comment prior to
the hearing. A conditional use permit may not be
issued if any of these referral,agencies indicates
in writing that the proposed operation is not in
compliance with standards which they enforce.
7..t9.07
Liability insurance, in the minimum amount of
81,000,00 per occurrence and 51,800,000 aggregate
shall be maintained as a requirement of the
conditional use permit.
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749.08
749.09
Upon reasonable notice, the Zoning Administrator
or pis designee may perform inspections to
dete~mine compliance with the conditions contained
in ~he conditional use permit. Any significant
devi~tions or modifications in use shall require
the lissuance of a new conditional use permit.
If any court of competent jurisdiction shall judge
any provision of Section 749 invalid, that
judgment shall not affect any other provisions of
this ordinance not specifically included in the
judg~ent.
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July 5, 1991
aS$ociation of
metropolitan
municipalities
Mr. Nile Kriesel
City Coordinator
216 No. 4th. ST.
stillwater, MN.
55082
Dear Nile:
We want to know your views about what direction the Association of
Metropolitan Municipalities should take during 1992. To provide you
with a forum for your opinions and concerns, we are planning our
sixth annual Outreach Breakfast for you and other city officials in
your area.
The breakfast is scheduled for 7:30 a.m. Tuesday, July 23, 1991, at
the Woodbury Room in the RoadStar Inn, 6003 Hudson Road, Woodbury. It
is located on the SE corner of Interstate-94jCentury Avenue South
interchange. To get to the Woodbury Room, enter the outside door
marked A-2.
Please R.S.V.P. to Carol or Nicole by noon Friday, July 19.
This breakfast is one of a series of area meetings sponsored by the
AMM, and serves a dual purpose. One, it provides you with the chance
to help set the yearly AMM agenda and work program. Legislative
issues raised at this meeting will be forwarded to the appropriate
policy committee(s) when they convene in August. Two, it gives staff
and board members the chance to share their views with you and get
your views about upcoming program and issue priorities.
These next 12 months promise to be anything but tranquil for cities.
The governor and Legislature already have put cities on notice that
they better be able to prove that their finances are in order and are
lean. In addition, cities also face a number of Aigh stakes issues,
such as:
* a constitutionally dedicated Local Government Trust Fund;
* light rail transit; and
* metropolitan governance.
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This is not a formal meeting. We hope for, and expect, lots of give
and take from you, because your opinions, concerns and advice will
help shape AMM's policies and priorities for the 1992 session. We
were successful in advancing the metropolitan position on major bills
this legislative session because we spoke from a strong, unified
183 university avenue east, s1. paul, minnesota 55101 (612) 227-4008
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Bob Long, AMM President
st Paul Council
Frank Ongaro, AMM Board Member
Intergovernment Relations, st. Paul
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Betty McCollum, AMM Board Member
North st. Paul Council
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