HomeMy WebLinkAbout1989-05-09 CC Packet Special Meeting
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THE BIRTHPLACE OF MINNESOTA J
May 5, 1989
M E M 0
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
SPECIAL MEETING - TUESDAY, MAY 9, 1989, 4:30 P.M.
flit . 02.
This memo is a reminder to Council that a\Special Meeting is scheduled for
Tuesday afternoon, May 9 at 4:30 P.M. in the City Hall Council Chambers, 216
No. Fourth St., Stillwater, Mn. to discuss the following:
1. Solid Waste Advisory Committee Report.
2. Police Accreditation Program.
3. Any other business Council may wish to discuss.
CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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_ THE BIRTHPLACE OF MINNESOTA iJ
TO:
Mayor and City Council
FR:
City Coordinator
DA.:
May 5, 1989
RE:
POLICE ARBITRATION AWARD
AFSCME PETITION FOR MEDIATION
DOCK PERMITS ISSUED BY DNR AND CORP OF ENGINEERS
Police Arbitration Award
Accompanying this memo is the arbitration award on the 1988 Police Local 320
Contract. The award appears to be favorable in the terms of the City's final
position. I would like to discuss this further with you at Tuesday's meeting.
AFSCME Petition for Mediation Services
I would also like to discuss this further on Tuesday Night.
DNR/Corp Dock Permits
The City recently received the enclosed dock facility permits from the DNR and
the u. S. Army Corp of Engineers. The conditions of the permit are very favorable
except that the floating ticket office vessel must be removed from the water (not
just ~elocated) by June 1, 1989. The DNR and Corp are very adamant about the
removal of the floating vessel. -
The only problem we are now faced with is the fact that part of the
charter/excursion docks were destroyed by ice during the Spring breakup. We now
have only one dock because the Andersons' spliced the two docks together. This
means that we now have to review the existing situation to see if it is workable
and then reapply for another amended permit. Fortunately, the idea of a
combination dock (i.e., one dock for both uses) does not appear to be a problem
with the DNR and Corp. I can also discuss this further with you on Tuesday
night.
1/:uLL
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121:
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LABOR RELATIONS ASSOCIATES, INC.
7501 Golden Valley Road
Golden Valley. Minnesota 55427
612/546.1470
April 28, 1989
Mr. Nile Kriesel
City Coordinator
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
RE: MINNESOTA TEAMSTERS PUBLIC AND LAW
ENFORCEMENT EMPLOYEES UNION,
LOCAL NO. 320
-and-
CITY OF STILLWATER, MINNESOTA
P.E.R.B. CASE NO. 88-PN-926
Dear Nile:
Enclosed is a copy of the Interest Arbitration Award'bynJohn J. - _m__n...
Flager, Arbitrator for the above referenced matter. Mr. Flagler's
Statement for services rendered is also attached.
Please call me upon your receipt of this material.
CFS/gw
Enclosure
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IN THE MATTER OF ARBITRATION
Between
Minnesota Teamsters Public & Law
Enforcement Employees Union, Local
No. 320,
Interest Arbitration
P.E.R.B. Case No. 88-PN-926
Union
And
City of Stillwater, Minnesota,
Employer
Hearing held in Stillwater, Minnesota on February 10, 1989
Briefs Filed: March 12, 1989
John J. Flagler, Arbitrator
APPEARANCES
FOR. THE UNION:
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Lawrence M. Bastian, Business Agent
Minnesota Teamsters Public & Law Enforcement
Employees Union, Local No. 320
3001 University Avenue S.E.
Minneapolis, MN 55414
(612) 331-3873
FOR THE CITY:
Cyrus F. Smythe
Labor Relations Associates, Inc.
7501 Golden Valley Road
Golden Valley, MN 55427
(612) 546-1470
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.STATEMENT OF JURISDICTION
A hearing was held in the above matter on February 10, 1989 in Stillwater,
Minnesota. The arbitrator, John J. Flagler, was selected by the parties from a panel
of arbitrators submitted by the Minnesota Public Employment Relations Board pursuant
to the Minnesota Public Employment Labor Relations Act, Minn. Stat. sections 179A.01
et seq. At the hearing each party was given the opportunity to present evidence and
arguments, after which the hearing was closed on February 10, 1989. Both parties
submitted written briefs. The parties waived the requirement for issuance of the
decision and award within ten days following the conclusion of the hearing, and the
arbitrator was given a reasonable period of time which to issue his decision.
STATEMENT OF ISSUES
After proper notification by the parties, the Director of the Bureau of Mediation
Services for the State of Minnesota issued a certificate of impasse for the following
issues.
1.
Wages--establish 1988 rates--Appendix A.;
2. Health Insurance-contribution for retired employees--Article XXI, Section
4.
3. Drug Testing--policy--New Article.
4. Sergeant Differential--increase amount--Appendix. A.
5. Court Time/Call Back--increase minimum/premium.
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6.
Education Incentive/Longevity--new program/delete longevity--Article XXII.
7. Sick Leave--change sick leave schedule--Article 16.
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Issues Nos. 1 and 6
1988 Wage Rates and Longevity/Educational Incentive Pay.
Union's Final Position
These issues should be separately considered. Wages should be increased by
an additional 4.56% effective January 1, 1988.
Article XXII LONGEVITY/EDUCATIONAL INCENTIVE shall not be changed from
its present form.
City's Final Position
The City's positions on the wage issue are tied ~o its position on the
longevity / educational incentive issue. These positions can be outlined as follows:
Option 1. The existing longevity/educational pay program should therefore be
changed from its present percentage of base pay to a fixed dollar amount based on
the existing (1987) wage rates. These dollar amounts should be paid until such time
as the longevity pay program for other City employees (see page 143 of City Case
Book) would generate dollar amounts equal to or in excess of these new dollar
amounts. At that time the longevity pay programJoi':]hese~~emp-toy~e1). .wQu/~L..Q~L.c.;_~"'-~-'-.__'
changed to that program in effect, for the other City employees.
Newly hired employees into this unit would have the same longevity pay program
of the other City employees. They would not be eligible for the program presently in
effect. Such newly hired employees would be eligible for a revised educational
incentive program (see p. 140 of City Case Book).
If such a longevity/education incentive program is awarded, the City
recommends it be coupled with a 3.5% increase for 1988.
In the alternative the City opts for a wage award which weights the City's
comparable worth analysis at a 51% level and the market data at a 49% level.
Award on Issues Nos. 1 and 6
If the Minnesota Comparable Worth Law is to succeed in substantially reducing
and eventually eliminating gender-based pay inequities, it must accomplish its legislative
purpose through moderating those market forces which have so clearly favored male
dominated jobs and as a corollary have so disfavored female dominated jobs. Were
the political subdivisions of the state to have fairly unlimited sources of revenue,
presumably they could fully pay the free market rates for male dominated jobs while
simultaneously escalating wage increases for female dominated jobs even more rapidly
in order to eliminate these historical disparities. Clearly, the political subdivisions have
no such revenue options.
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Instead, public employers emphasize that the CWL calls for not complete equality
but rather for "equitable compensation relationship standards." In practice, this has
come to mean the creation of a combined male/female regression line around which
are bracketed a plus/minus 10% to establish a pay equity corridor running from 90%
to 110% of the regression line.
The common compliance strategy has been to accelerate the rate of increase
for those jobs falling below the 90% line while decelerating the rate of increase for
those jobs standing above the 110% upper limit of the pay equity corridor. A common
feature of police and fire compensation systems, longevity pay, often confounds this
strategy because female dominated jobs seldom are similarly compensated.
Arbitrators have been reluctant to disturb such longevity systems which frequently
take the form of longevity / educational options following the award of this feature many
years ago in the Metropolitan Area Management Association - Local 320 1ST case,
chaired by Arbitrator Heneman. The pattern of providing such a compensation feature
in public safety divisions as well as some public works departments has only recently
come under serious reconsideration by interest arbitrators.
Increasingly, interest arbitrators are now moving to modify such
longevity /educational features and indeed, some negotiated settlements have been
recently seen in this direction. The character of these:modificationshave .been '. to
convert the longevity/educational pay percentages to comparable fixed dollar amounts,
as . proposed here by the City .------.
Where interest arbitrators have modified and reduced the full value of existing
longevity /educational payment systems, however, they have generally balanced the loss
in this feature by a significant improvement in the base rate. - 1 have chosen to adopt
that strategy in the present case.
Award on Issues Nos. 1 and 6
The City's position on its longevity/educational program is hereby awarded but
shall be coupled with a wage increase of four percent (4%) for 1988.
Issue No.2
Health Insurance for Retired Employees
The parties agree that this issue is non-arbitrable under Minn. Stat. 179A. 16,
Subd. 9. I concur with this legal conclusion.
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Issue No.3
Drug Testing
Union's Final Position
The Employer shall not require such testing except where there is probable
cause which meets constitutional standards.
City's Final Position
The issue is not arbitrable under Minnesota Statutes.
Award on Issue NO.3
The issue is clearly arbitrable but is hereby remanded to the parties for
negotiation.
Comment: The City argues that the drug testing of police officers is determined
by Minn. Stat. Sec. 181.951, Subd. 4 which provides that only employees in safety-
sensitive positions may be required to undergo random drug and alcohol testing. This
position ignores Section 181.955 Subd. 1 which-pro~idesJbatJhe_sta.tute_doesn9t~n__
restrict or limit the parties to a collective bargaininQ- agreement from .negotiatir-lQ and~,,,""c'-'-'=-c,-'~~ .
agreeing to a policy that meets or exceeds, and otherwise does not conflict with the
minimum standards and requirements for employee protection provided for-in the law.- .--.-..-----<
The parties thus far agree only that there has been no substantive bargaining
between them on this issue -- therefore, the issue is not ripe for arbitration. Arguably,
an arbitrator might lack authority to remand an issue for bargaining where the state of
the law on point remains unsettled. My primary interest is to move this much delayed
matter to closure. If the City rejects this part of the Award, the Union's remedy of
course would be an action in District Court for violation of the statutory duty to bargain
with respect to terms and conditions of employment.
In any event, because of the lack of prior bargaining the parties presented little
argument of substance on the relative merits of their competing positions on a drug
testing policy. No basis can be found, therefore, for an award on the merits of this
issue.
Issue No. 4
Sergeant Differential
Union's Final Position
Shall be increased by $45.00 per month to a total of $250.00 per month.
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City's Final Position
Any change must be justified by the City's Comparable Worth obligations.
Award on Issue No.4
The differential shall be increased to $250 for 1988.
Comment: The market comparison data persuasively favors the Union's position.
The $205 differential now being paid falls far short of the $275.79 average differential
in Stanton V Group Cities. Thus, the $250 above the 4% herein awarded across-the-
board is a fair and proper adjustment, particularly in view of the modification in
longevity/educational incentive incorporated by this Award into the overall compensation
system.
Issue No. 5
Court Time and Call Back
Union's Final Position
The language shall be changed to read as follows:
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"An employee who is required to appear in Court on their scheduled
offduty time shall receive a minimum of three (3) hours' pay at one and
. one-half (1-1/2) times the employee's base pay rate. An extension or
early report to a regularly scheduled shift for Court appearance does not
quality the employee for the three (3) hour minimum. II
ARTICLE XIV - CALL BACK: The language shall be changed to read as
follows:
"An employee who is called to duty during their scheduled off-duty time
shall receive a minimum of three (3) hours' pay at one and one-half (1-
1/2) times the employee's base pay rate. An extension of or early report
to a regularly scheduled shift for duty does not qualify the employee for
the three (3) hour minimum. II
City's Final Position
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No change from existing contract.
The Union concedes that it is breaking new ground when it asks for a minimum
of three hours pay at time and one-half for Court time and call back$, rather than two
hours as provided for in. the present agreement. The data for Stanton Group V cities
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presented by the City shows that two hours is the overwhelming pattern. The
testimony did not establish a strong case for a departure from this pattern.
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Award on Issue No. 5
No change from the existing contract.
Issue No. 7
Sick Leave Schedule
Union's Final Position
ARTICLE XVI - SICK LEAVE: Shall not be changed from its present form.
City's Final Position
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SICK LEAVE - CHANGE SICK LEAVE SCHEDULE - ARTICLE 16, SECTION 5.
Change the first paragraph, ARTICLE 16.1, to read:
"AII full-time employees shall receive sick leave based on Jhefonowi.ngm~ .
schedule as of January 1 each year minus the totakamourlt of ~ sick--Ieave'~ ";-.,,-':~~~-;-~'':-~~.-~:~~,~~.:.
previously used by the employee. II
Award on Issue No. 7
. The City's position on Issue No. 7 is hereby awarded as to all employees hired
after the effective date of this award. In sum, persons not yet hired into the job
classifications covered by this Agreement shall be entitled to the same sick leave plan
which applies to all other City employees. All employees currently in those
classifications covered by this Agreement shall be grandfathered so as to not lose their
1 earned and vested rtghts in the severance pay provisions of the sick leave policy
pursuant to the prior arbitration award on point.
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SlAIE OF MINNlSOrA
lllUH AU ()~ MlDIAlllJN S[I{VICI:.S
21)~ AlJllOl(A AVUllJl
~l" PAUL. MINN[~OrA 55103
PET IT 100 FOR I'flIIMION SEHVlCES
(PUI3UC SEOOH)
~l'{ S 1989
~~ece1Vi!(j
I ~~sc Number ~-:
lItsl.ory ~ lIe _ .________
045 Day 060 Day:
Mediation Period Commences on
" Mediat Ion
Period Endson____
.., .,. ...,_. _________..!?Q..!fE..T WR IT[ BELOW 2'i.'ll!...t!.(
\till OHIC[ US!". UNL Y
lIillI.! uf I'I!titioninq Ory.lI1iZdtion: ____~SCME COUNCJ;L 14
Addn~ss: __.~6..7._.~A,F..&.'fJ,;TTE_.BO~D SOUTH City: ST. PAUL
lid t.l! I ml'd 'is!! Cert i tied:
Date Arbitration Requested:
Ndlllt! of Ilepresentutive: ...---Matthew Co Ne~son
Add,"!!')s: _467__:j:.afgvette Road South:ity: St. Paul
State: MN Zip: 55107
Phone: 612) 291-0333
State: MN Z1p: 55107
Phone: (512) 291-0333
State: MN Z1p: 55082
Phone: 612 439-6121
S ta te: MN )ip: 55082
Phone: p12) 439-6121
Ndllle of Other Purty: ___.-CIT..Y.... OF ~TTT.r.WATF.R
Addn~ss: ___~lQ_.~Qrt[l 4th Street City: Stillwater
Nelllle of Ill:!J.lresentative: Nile Kreisel
Addr'ess: ____2.16._.N.o.r..th._4..th Street City: Stillwater
Nallle and Address of Additional Persons to be Notified of Meetinqs:
lYPI:! of Governmental Aycncy Involved: Ununly ~unicilJdlity Odool D1st. . [Jip~dCOlllll.
Iype uf Mediation RI:qlJc~ted: Contract rJ Grievance 0
IYPI: 01 \ld""" ill ill" Unit Illvolvl!d: (file" SI!J'd,';tte petit lun for each appropriate unit)
C1u:d lhe ONt. dc!..ilJlldtiun which is mo~t dl'lllit;dhlu; .
K-ll [edtlwrs Registered N~rses/LPN
Pol ice/Fire/Corrections -y-' Clerital/Adudllistrative
.-... ~ullervi<;ory .- Sociel! Sl!rvit;es
,._.-, Confidl~lltial Mainlen,}nCe ? Trades
=~= Print;ipals/Asst. Principals -- SCI"vice & SUPPOy"t
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LjSlate/U of M
Technical
- Higher Education Instrllctiolldl
.. -- Wa 11 to Wd 11.
----- Other Professional
- Other '
Stdtus of EIIYlloyees Involved: 0 Essential ~ Other Than Essential
NUlllhl!l" of (lIIployces in Unit: --9-- Number of Prior Meetings Held: ~
Cuncise Statemellt of the Nature of This Dispute and Unresolved Issues: Wages. hours and workinq
.__..~.9ndi ttgns
') Udle CU'Tent Contract Expires: ..l.2=3.1.=..8.B-. Check If This 1s a First Contract 0
Ddle uf Petition; 05-02-89
Dolte COllY Sent to Other Parties Listed Above: 05-02-89
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r'll-Ii i ,I tll" A~ '; i ',lrn~t1 : nOlA A-u I UnJ?d:
l"",c uf I.jr'!..l Ml!tlidllun :'l!~~ltl": Numb!:!" of Ml:dl<ltlun Sessions Held:
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o Rejected: _ Date Final Positions Due:
Date Arbitration Award Received:
Ddtl:! ~trike lndcd: Work Days Lost: __
Wage Cost: _. fringe Cost:
Date A,'bitration [1 Accepted
Dd!.e I~den-ed to "FII1l:
nd 1.1: '.ill' i ke COlllm!l1(;cd:
IllI d 1 ~~clt lcml!nl ClIst:
AlItlil.ioll<ll lnforllldtion:
New COlllrdct I.xpit'dtion Date:
Date Case Closed Out:
1II1~i FUl1l1 ME:-00022-01
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~~!~:~~F NATURAL RESOURCES
METRO REGION DIVISION OF WATERS
PHONENO. 296-7523 1200 WARNER ROAD, ST. PAUL, MN 55106
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FILE NO.
Mr. Nile Kreisel
City Administrator
216 N. 4th St.
Stillwater, MN 55082
RE: LIMITED PERMIT #89-6206, EXCURSION BOAT DOCK, WASHINGTON COUNTY
Dear Mr. Kreisel:
Attached is your limited permit to change location of the city
docks. This permit is a modification of your proposal to allow the
floating ticket office to remain in the' water. This building must
be located on land. If the ticket office cannot meet the setback
due to topographical and lot line restraints, the Packet Company
could apply for a variance. We would anticipate certification
approval if hardship is demonst~ated. .
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If the ticket office is placed on skids and can be temporarily
moored in the water during floods, it would not have to be
floodproofed. The Packet Company should' suhDiit'acondngency pl~m
to document the procedures the company will implement should
flo~ding be predicted.
In the past we have heard complaints about sewage discharge into the
River. The complaints have been unsubstantiated and may just be
cooling water. If it does become a problem, we will look into
alternatives to assure that direct discharge is not possible. We
assume that there will be a sanitary sewer hook-up at the new dock
location for the charter boats.
All of the other requests you made in conjunction with this permit
application and the courtesy dock amendment of Permit #82-6124 have
been granted.
Pursuant to Minnesota Statutes. Section 105.44, Subdivision 3 and 6,
the applicant, the managers of the watershed district, the board of
supervisors of the soil and water conservation district or the mayor
of the city may demand a hearing on the Order provided the demand
for hearing and the bond required by Subdivision 6 be filed with the
Commissioner within thirty (30) days. No bond or security is
required of a public authority which demands a hearing. The
Statutes further provide that if no demand for hearing be made or if
a hearing is demanded but no bond is filed as required by
Subdivision 6, the Order shall become final and no appeal of the
Order may be taken to Minnesota State Court of Appeals.
AN EaUAL OPPORTUNITY EMPLOYER
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Mr. Nile Kreisel
Page Two
Subdivision 6 requires hat an applicant filing a demand for a public
hearing execute and file a corporate surety bond or equivalent
security to the State 0 Minnesota. The amount to be filed is $500 as
set by the Commissione. The bond or security shall be conditioned
for the payment of cert in costs and expenses of the public hearing if
the Order is affirmed without material modification; however, the
applicant's liability s limited to $750. The $750 limit does not
apply when a public he ring is demanded by a public authority which is
not the applicant. Bo d forms will be supplied at your request.
If you have any ques ions please contact Area Hydrologist Molly
Shodeen at 296-7523.
Sincerely,
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Kent Lokkesmoe
Assistant Director
Enclosure
cc:
Brian Watson, USC
Washington SWCD
Middle St. Croix 0
Dan McGuiness, MW AC
Steve Johnson, Mi sissippi River Team
Mike McGuire
Dick Anderson
B. Gilbertson, A
Kathleen Wallace, Regional Administrator
W. Eller, C.O.
J. Fax, St. Paul
Permit #82-6124 f
St. Croix River/L
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aters
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ke (82-1) files
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J!. STATE OF
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DEPARTMENT OF NATURAL RESOURCES
METRO REGION WATERS - 1200 WARNER RD., ST. PAUL, MN. 55106
PHONE NO. 296-7523 ~ - FILENO.
April 3, 1989
Mr. Nile Kriesel
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
Dear Mr. Kriesel:
RE: STILLWATER MUNICIPAL DOCK PERMIT #82-6124 AMENDMENT REQUEST
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Pursuant to your request received October 25, 1988 to relocate the
Stillwater municipal docks, Permit 1182-6124 is hereby amended as
follows:
1. The municipal dock and the charter dock locations will be
reversed as shown on the plans received with -the pernl.it
application.
2. Permit #82-6124 shall be considered for the courtesy dock
only. The August 28, 1985 amendment to permit a charter
boat dock is no longer valid and shall be permitted under
separate Permit #89-6206.
3.
The structure on the dock is permitted so long as it is
maintained in good repair and is used only to provide
service to the dock users.
4. It is our understanding that the docks can accommodate up
to 20 large pleasure craft or 40 small runabouts. All of
the mooring places have a length of stay restriction of
24-hours except that up to 4 spaces may be occupied for
extended stays for a maximum of 7 days. At anyone time,
there shall be no more than 4 boats on extended stay.
5.
The City shall maintain records by boat registration
number and boat owner name to be made available upon
request to the Department of Natural Resources or other
managing agency.
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AN EQUAL OPPORTUNITY EMPLOYER
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Mr. Nile Kriesel
City of Stillwater
Page Two
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6. The city shall assure that the dock attendants fully
understand the conditions of the permit and maintain
adequate record .
If for some reason the hange in location of the docks does not
remedy the problems, or i any of the conditions do not prove to be
in the best interest of he public and the City of Stillwater, we
will have to look at other alternatives. All other terms and
conditions of Permit #82- 124 shall remain in full force and effect.
If you have any questio s, please contact Area Hydrologist Molly
Shodeen at 296-7523.
Sincerely,
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Kent Lokkesmoe
Assistant Director
cc: Brian Watson, USCOE
Washington SWCD
Dan McGuiness, MWBAC
Middle St. Croix WHO
Mike McGuire
W. Eller, C. 0 .
. S. Johnson, MR.T
B. Gilbertson, AFM
J. Fax, St. Paul Wat rs
K. Wallace, Region V
Permit #89-6206 file
St. Croix River file
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NA-02733-01 ~
INNESOTA
Deoartmef1t 01 wr.~Natural AesautlCes
DlVlslOO of Walers PER M IT
. Pursuant to Minnesota S,tatutes, Chapter 105, and on the basis of statellents and information ccr:tainec in tne
permit application, letters. ups and plans submitted by the aoplicant and others supporting data, all ~f wnicn
are made a part hereof by rererence, P'ERKISSIOIl IS HEREBY GRANTED to the applicant nued below to change the course,
current. or cross section .f the followinq:
Protected \later
LIMITED
PROTECTED WATERS
LIMITED
IP.A. !lu.ber
. 89-6206
County
St. Croix (82-1)
lia.e of Applicant
City of Stillwat~r c/o: Nile Kreisel
Address (Mo. & Street, RFD. Box 110., City, State, Zip Code)
216 N. 4th St., Stillwater, MN 55082
Autho~ized to:
Washin ton
Telephone hu.ber (include Area Code)
612 439-6121
re-install a permanent L-shaped dock 39-feet perpendicular to shore and
110-feet along the shore in the location shown on plans received with permit application
October 25, 1988.
Purpose of Perait:
Charter Boat mooring
Property Described as: Government Lot 3
SEi Section 28, Township 30 North, Range 20 West
Expiration Date of Permit
November
County
Wash in ton
As Indicated: (8)
Does not apply
As Indicated: (11) ,the ordinary, high water
level, 675.0'. (NGVD,
his perait is granted subject to the following GENERAL and SPECIAL ~ROVISIONS:
GENERAL PROVISIONS
1. This permit is permissive only and shall not release the permittee rrom any liability or cbHgatbn im::losed
by Minnesota Statutes. Federal Law or local ordinances relating thereto and shall remain in rorce subject .0
al: conditibns and limitations now or hereafter imposed by law.
2. Th,s permit is"not assignable except with the written consent of the Commissio~r of Natural Resources.
3. The Regional Hydrologist shall be. notified at least fi'le days in advance of the commencement or the work authori:e~
hereunder and shall 1M notified of its completion within five days thereafter. lhe notice of permi.: iss:..e.:
" by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations.
~. No change shall be made. without written permission previously Detained from the Commissioner of Natural ~escurces.
in the dimensions.. capacity or location of any items of work authorized hereunder.
5. T~e permittee shall grant access to the site at all reasonable times during and after co'nstruc':i.on to authorize.:
representatives ot the Commissioner of Natural Resources for inspection of the work authorized hereunder.
5. This Permit lIay be terllinated by the Couissioner of Natural Resources at any time'he deems it necessary ~e'"
the conservation of water resources of the state, or in th"e interest of public health and welfare, ..01'. for vicla:i:ln
of any of the provisions of this permit, unless otherwise provid~ in the Special Provisions.
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7.
Construction work autii:orized under this permit shall be COMPleted on or before date soecified a!love. Uten ,;ri':-:ef\
reQuest to the Commissioner' by the Pe:"l:litae, tta,:ing the reason thererore, an extension ci ti,::le !hay be c::a:~!:.
8.
The excavation of soil authorired herein shall not be construed
indicated a!love) unbss the area Froel which such organic utter
the application of be~tonite after excavation.
to incl ude
is removed. :s
tne recoval' of ~r;a~.:: =-a~':!:- ~as
lm.pe~Vl::';S,
. . .
:r :'5 S;!~!: :i
. ... .. ~
e.
In an cases where tite doing by the permittee of anything authorized by this permit shall involve t.'!e ta~i"g,
using, or damagingoi any property rights or interests of any other person or persons,or or a~y ilu=~ic~y o"roe:
lands or improvements thereon or interests therein, the permittee, before ~ proceedingtherewi th, shall co:a;"
t!':e written conHnt of all penons, agencies, or authorities concerned, and shall aCQuire all prc;:,erty, ri;~t5
and interests necess~rT therefore. :, "'.~, .,' '"'7:::":r"~.::"', .(;:;.. "';"..:
.....-.~ .;......... .....-..-,..... ....... ...-....-..-.-...--~, ---
This perllli t is permissive only. No liabi Ii ty shall be illposed upon or incurred by the State of Minnesota Qf
IOY of its officers, agents or employees oHicially or personally, on account of the !lranting hereof or on
l:count of anyda~aye to any person or roperty resulting from any act or ollission of the permittee or any
If its agents, employees, or contractors relating to any utter hereunder. This permit shall not be construed
as estopping or limiting any legal claim or right of actiJn of any person other than the state aQainst the
~ermittee, its agen:s, employees, or contra tors, for any damage or injury resulting from any such act or omission, .
~r as estopping or limiting any legal._cla m or right of action of the state against the permittee, its agents,
eor,Dloyees, or contractors for violation f or failure to comply with the permit or applicable provisions or
~a....
No material excavated by authority of this permit nor material from any other source, except as speciFied herein,
shall be placed on any portion of the bed of said waters which lies below (as indicated above).
:'ny extension of the surface or said .ate s resulting from work authorized by this permit shall becollle protected
~aters and left open and unobstructed for se by the public.
~his permit ooes not obviate any requir ment for federal assent from the U.S. Corps of Engineers, 1135 U.S.
~ost Office and Custom House, St. Paul, Hi nesota 55101.
SPECIAL PROVISIONS
The dock may moor up to 3 chart r/excursion boats.
'. The dock shall contain down-dir cted lighting.
I. The ticket office shall not b
variance is granted by the City
r':-'-:Ch~r-ter boit operator's shall be fully licensed.
located in the water, but may be placed on shore if a
\
~.' . There shall be a contractual agreement with the City of Stillwater to provide public
walk-on c.ruises as part of the enewal-a i:~e.~iF:t~()~~-C.~~a~~~g:t::eement.and_permit.
-.=
~. The toilet facilities must
of the Minnesota Pollution
ast Guar~ approved and must also meet specific requirements
01 Agency. ~-----.._-- ----~--~------
""~
c :-
Brian Watson, USCOE-Enforcemen
Washington SWCD
Middle St. Croix WMO
Dan McGuiness, MWBAC
Steve Johnson, Mississippi Riv r Team
Mike McGuire
Dick Anderson
B. Gilbertson, AFM
Kathleen Wallace, Regional Adm nistrator
W. Eller, C.O.
J. Fax. St. Paul Waters
Permit #82-6124 file
St. Croix River/Lake (82-1) fi es
'., ;,,'~!,,::,'__-,-:.___L 2
.
Authorized Sign~ ~~~
Kent L~r..c/
Title
Date
Assistant Director
'1.e./L. / /, /76'(
_. _ _ ~._.. __.." ~'-' _..:"'. ........ . ,. ..._......_......:. _.,.. ....v._ ...'\' .... '_. .... ;.._..... _...n "'.:'- ~
II -1lO
.
DEPARTMENT OF THE ARMY PERMIT
Permittee City of Stillwater
Permit No. 89-1182-90
St. Paul District
Issuing Office Corps of Engineers
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: Relocate Municipal Dock to an Area Previously Occupied by an
Excursion Boat Dock, as Shown on Page 2 of Z. The Municipal Dock Extends
Approximately 116 Feet Waterward and Moors up to a Maximum of 4Q Vessels.
.
Section 28, Township 30 N., Range 20 W., Washington County,
Project is located at river mile 23.2 of the St. Croix River.
.J
Permit Conditions:
" "-
~ )
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 1992 . If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good:condition and in conformance with the terms and condi.
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
I. tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places. . ' ,
ENG FORM 1721, Nav 86
EDITION OF SEP 82 IS OBSOLETE.
(33 CFR 320-330)
1
.__w"_._.._.' .----.-..-.....-..--.--. --
. -
4. If you sell the property' associated wi this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to-tliis ffice to validate the transfer of this authorization.
5. If a conditioned water quality certific tion has been issued for your project, you must comply with the conditions specified
in the certification as special conditions 0 this permit. For your convenience, a copy of the certification is attached if it con.
tains such conditions.
6. You must allow representatives from his office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished i accordance with the terms and conditions of your permit.
Special Conditio~s: Dock shall hav
2. No more than 4
anyone time.
3. No structures
small shed lik
feet. This st
emergency and
for dock atten
down directed lighting.
vessels shall be moored at the municipal dock at
hall be placed on the municipal dock except for a
structure measuring approximately ten feet by ten
ucture shall be exclusively used for the storage of
afety equipment along with providing a sheltered area
ant.
Special Conditions continued on page 4.
Further Information:
1. Congressional Authorities : You have b en authorized to undertake..th.e_acti~ty_descrthed .ahovepursuant to :._.
(~ Section 10 of the Rivers and Harb rs Act of 1899 (33 U.S.C. 403).
~ Section 404 of the Clean Water A t (33 U.S.C. 1344).
+-7 Section 103 of the Marine Protect on, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
..
2. Limits of this authorization.
--
a. This permit does not obviate the ne d to obtain other Federal, state, or local authorizations required by law.
.'
'~~ b. This permit does not grant any pro erty rights or exclusive privileges.
c. This permit does not authorize any njury to the property or rights of others.
d. This permit does not authorize inte ference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing his permit, the Federal Government does not assume any liability for"thefollowing;
a. Damages to the permitted project r uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest
c. Damages to persons, property, 0 to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2
. "
.
_u___.. __
.\
,--;._~ ~.~-_.~--......"-.-....-,,,------..--_._..... .. ._..
.. .' ..
.
Special Conditions continued.
4. A 24 hour tie up limit shall be maintained on the municipal dock,
except for four mooring spaces, which will be allowed a one week
tie up limi t .
.
5. The four mooring spaces mentioned above shall be monitored and
recorded on a daily basis by the City. Recordings shall include
the name and address of the boat operator, along with the license
number of the vessel. These recordings shall be made available to
any State of Federal Agency upon request.
..
~
..
/.
.........
.
4
". . -. . .......-.............- .-...-.---:........"^""'.. ...:-.":';"- "-'-~-','''' '::.,-.~ .-' ~:
,.. _...- .--..--"-'.--". ..~- --. ..
o' _ __. 0 _______......_....______..._._
. ~. -.. _.... ""''',~_c. ~ ........_, -"--"=~.-..........._'C..
--
.
DEPARTMENT OF THE ARMY PERMIT
Permittee City of Stillwater
Permit No. 89-1209-90
St. Paul District
Issuing Office Corns of Engineers
NOTE: The term "you" and its derivatives, as used in this permi~, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: Relocate existing Excursion Dock to an Area Previously Occupied
by a Municipal Boat Dock, as Shown on Page 2 of 2. The Excursion Boat Dock is
L-Shaped and measures 39 Feet Perpendicular to the Shore by 110 Feet
Waterward.
.
Project Location:
Minnesota.
Section 28, Township 30 N., Range 20 W., Washington County,
The Project is located at river mile 23.2 of the St. Croix River.--
/
Permit Conditions:
') General Conditions:
1. The time limit for completing the work authorized ends on December 31, 1992 . If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-":"
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must,immediately notify this office of what you have found. We will initiate the Federal and state coordina.
.n required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
f Historic Places.
ENG FORM 1721, Nay 86
EDITION OF SEP 82 IS 08S0LETE.
(33 CFR 320-330)
1
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this of ice to validate the transfer of this authorization.
.
5. If a conditioned water quality certifica ion has been issued for your project, you must comply with the conditions specified
in the certification as special conditions t this permit. For your convenience, a copy of the certification is attached if it con-
tains such conditions.
6. You must allow representatives from t is office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
1. All docks shall have down-directed lighting.
2. All operators 0 boats at the excursion dock shall be fully
licensed.
3. No structures s all be placed on the excursion dock.
4. The floating ti ket office, located along side of the excursion
dock, shall be oved and placed to an upland,location. This
shall be comple ed by June 1, 1989.
5. No more than th ee vessels shall be moored at the excursion dock
at anyone time.
Further Information:
1. Congressional Authorities: You have be n authorized to undertake the activity described above pursuant to:
~) Section 10 of the Rivers and Harbo s Act of 1899 (33 U.S.C. 403).
.
-+-+ Section 404 of the Clean Water Ac (33 U.S.C. 1344).
+-t Section 103 of the Marine Protecti n, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
. .
a. This permit does not obviate the nee to obtain other Federal, state, or local authorizations required by law.!
2. Limits of this authorization.
")') b. This permit does not grant any prop rty rights or exclusive privileges.
..
c. This permit does not authorize any i jury to the property or rights of others.
d. This permit does not authorize inter erence with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing t is permit, the Federal Go~emment does not assum~ any liabil!ty for the f~llowing:
a. Damages to the permitted project r uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a res~1t of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
.
d. Design or construction deficiencies ociated with the permitted work.
2
~l'{ S '989
SIAIE OF MINNLSOfA
lllUH AU 01' MlO I A II Oil S[i{V I Cl:.S
21J~ AUIIORA AVUHJI
~r" PAUL. MINN[~OrA 55103
l\.l'ITlOO FOR (vflJIMION SmVlCES
(PUBLIC SECTOIO
~tC]~ceTVi!(j
I S~se Number
II j s tory I' lie
045 Day -060 Day:
Mediation Period Commences on
Med i a tion
Period Ends on
.
lIilll.: uf l'etitionintJ OrY.Hlizdtiull: ___.~SCME COUNC);L 14
Addn:ss: .._.2JI.7.__I,.A.:F.~~J~';.'r.TE_ RO~D SOUTH City: ST. PAUL
State: MN Zip: 55107
Phone: 612) 291-0333
S ta te: MN Zip: 55107
Phone: ()12) 291-0333
State: MN Zip: 55082
Phone: 61~ 439-6121
S ta te: MN }Ip: 55082
Phone: (512) 439-6121
Ndllle of Representative: .._--.Matthew C. Nelson
Add,"t?ss: _~67__:j:.afavette Road South:ity: St. Paul
Ndllle of Other Party: ___ CTTY OF !=;TTT.T,WATF.R
Addn!ss: __~lfL3~lQrtf1 4th Street City: Stillwater
Nome of Ih:pn:sentative: Nile Kreisel
Add"ess: .___2.16._.Nm:.th,_~th Sj:reet City: Stillwater
Nallle and Address of Additional Persons to be Notified of Meetinqs:
lype uf Governlllental Aljl:!ncy Involved: [j:oulIty ~unicipdlity O>choOI D1st. ,Dpl3dCollm.
(ypt: uf Mediation Ill:qut:!;ted: Contrdct n Grievallce 0
. (YPI: ul IId'.lJ,tininll Unit Involvt:d: (flit! d Slllldrilte petltlunJor e.dchaflproprlate unlt)
_ Ctu:ck the ON!. t1e!.iIJlldliulI which is /II0!lt aplIlkahlc:
K-l~ lec1cher.s r~egistered Nurses/LPN
['01 ice/Fire/Corrections -y-- Clerical/Administrative
--.-. ~uflervisury .-- Social SIll"vicesu
..-... Confidential Maintl:!n,lnCe " Trades
==-= Principals/Asst. Principals == Ser'vice & Support
[} la te/U of M
lechnical
- lIiqher Education Instruct iond I
-- Wdll to Wall
----- Other Professional
- Other .
StdtUS of Employees Involved: 0 Essential rn Other Than Essential
NUlllol?!" of [mployees in Unit: --9-- Number of Prior ~leetinqs Held: ...:i-
CUllcise Statement of the Nature of This Dispute and Unresolved Issues: Waqes. hours and workinq
____.Qpndi t:i..9ns
lJdte CurTent Contract Expires: ..12..-::3J..=B.L Check If This is a First Contract 0
Dilte of Petition: 05-02-89
U,lte Copy Sent to Other Parties listed Above: 05-02-89
x
_. ___ ,. ,., _._ _..._. __________YQ.ll.Q.T WR IT( BELQ.Ii...!!lI2...hlt!.E
1\lI1 OH ICI: lJ$[ ONLY
I'lt'd i ,llur" A!-.:; i ',IIII!.! :
Udl." uf .'ir'sl Meol..IllufI ~es!lltlll:
LJd l.e IIlll'd'iSt: Ce,"t itieo:
110 tA A'J' 111111,,1:
NUlllue,' of Mlldldtlun St:ssiuIls lIeld:
Da te Arb i tra t ion Requested:
fi. {Jate Ar'uitratiun [1 Accepted
lldl.e I(efern~d to Pfllll: .____.____
o Rejected: _ Date Final Positions Due:
{Jate Arbitration Award Received:
Odl.e '.;trike CUlllllf:ntt:d: Ddte ~trike lndcd:
Work Days Lost: _________
Fringe Cost:
IOldl ';eltlelllt!flt Cllsl: Waye Cost:
Addit.iOIl"llnfllrllldtiofl:
New COlltrdct I.xpil'dlion Date:
Date Case Clust!d Out:
lIW; FOll1l ME-00022-01
x
.
.
.
M E M 0
TO:
FROM:
DATE:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
MAY 5, 1989
OPTISCAN VOTING EQUIPMENT
This is just a IIreminderll invitation. If you are interested in observing the
Optiscan Voting Equipment, a representative of Business Records Corp. will be
in City Hall on Monday afternoon, May 8 at 3:00 P.M. to demonstrate the
equipment and answer questions.
.
City O~
- g tiQQwate/l, uU innegota
cP /lOcQamation
WHEREAS, The annual sale of Buddy Poppies by the Veterans of Foreign Wars
of the Uni ted States has been off icially recognized and endorsed by
governmental leaders since 1922; and
WHEREAS, VFW Buddy Poppies are assembled by disabled veterans and the
proceeds of this worthy fund-raising campaign are used exclusively for
the benefit of disabled and needy veterans and the widows and orphans of
deceased veterans, and
WHEREAS, The basic purpose of the annual sale of Buddy Poppies by the
Veterans of Foreign Wars is eloquently reflected in the desire to "Honor
the Dead by Helping the Living".
.
NOW, THEREFORE, I, WALLACE L. ABRAHAMSON, MAYOR OF THE CITY OF - STILLWAi!ER, --_.
do hereby urge the citizens of this comrnunitytourecognize.themerits'Of"---:O'-::-=':c
this cause by contr~buting generously to its support through the purchase
of Buddy Poppies on the day set aside for'the-distribut-ion-of .these----
symbols of appreciation for sacrifices of our honored dead.
poppy DAY IS FRIDAY, MAY 19, 1989
I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of
our gratitude to the men of this country who have risked their lives in
defense of the freedoms which we continue to enjoy as American Citizens.
.
vUayoll